JB/041/239/001

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1824. Jany. 17
Constitutional Code.Ch. XIX Govt Adv. General
§.

By information given – not to Pursuer but to Judge.
Reason publicity – which given by it to collusion.
Pursuers being creatures of the Executive
give impunity according to its secret directions.
Individual if not formally charged with pursuit, may act as Visitor.

Instructional

In penal cases one the main evil that requires
to be obviated is impunity for want of certain and
unremittingly effectively maintained pursuit.

The evil danger stands on a different footing according
as the offence belongs to the purely public class
or the publico-private class.

By a purely public offence understand one
from which no unless by accident no individual
nor limited body of individuals receives
any injury in any shape. Of this Examples
are attempts or preparations for a change to be produced in the
form of government by force, or care association for
opposing resistance to the ordinances of government
acts having for their effect or object the lessening
the effecting a diminution in the mass of
property at the disposal of government for public purposes,
whether attended or not with profit to the
offenders or other individuals, in a word Offence
against the revenue.

Cases in which it may be necessary or advisable
that, to an extent more or less cons

By "publico private Offence understand a mischievous
act in the instance of which while it is productive of mischief
in a determinant shape that is to say to assignable individuals
that is to say either in respect of mind, body
reputation, property or condition in life, in such sort
as to produce a demand for compensation at the expence
of the offender, yet by reason either of the inability on his part
to afford such compensation, or on account of that extra degree
of magnitude which the evil possesses in virtue unlimited of the multitude of
the individuals in whom
the danger and alarm
attached resulting from
it envelop involve is regarded
as presenting
an undeniable demand for punishment to be applied on the score ground of the past offence for the hope of preventing any future contingent ones, to which the same
and opportunities might otherwise give better.

Identifier: | JB/041/239/001 "JB/" can not be assigned to a declared number type with value 41.
Date_1	1824-01-17	Marginal Summary Numbering
Box	041	Main Headings	Constitutional Code
Folio number	239	Info in main headings field	Constitutional Code
Image	001	Titles	Instructional
Category	Text sheet	Number of Pages	1
Recto/Verso	"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.	Page Numbering	E1
Penner		Watermarks	J WHATMAN TURKEY MILL 1823
Marginals		Paper Producer	Jonathan Blenman
Corrections		Paper Produced in Year	1823
Notes public		ID Number	001
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