JB/050/103/001

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CERTAINTY PUBLIC PROSECUT0R2. RELUCTANCE to prosecute

prosecution.

3dly In order to obviate that reluctance which is so strong against the prosecuting enforcing of the forfeiture of of this
recognizance when forfeited from the partial and Improvident notion of their hand
of such a so doing, which contributes at present to a degree much to be lamented to the weakness
of this salutary tie, the following path to the following purport should be taken by the Prosecutor in open Court at entrance
into his office, and afterwards in the manner annually renewed.

I A. B. that so often as
That so often as the non- performance of any such condition+ shall come to his knowledge
+ [or Excusors as they may just as well be called] to be verified by affidavit with 2 co-deponents or one at the least may be accepted or a performance of the condition As of in- the co-deposition of a Physician and to be one other person to be required for which a formula should be prescribed The discourse should be specified. In the case of the impediments should have happening so near to the time of
appearance as to have no for an , a limited time may be prescribed for the sending of one if the impediment goes applies only to the appearance. If it applies to the
sending also of the excuse, a limited time may be prescribed after it's val. he will not omitt in any account or in any instance to prosecute the on the a
recognizance with effect.

Now this may come to his knowledge either upon his own view being present
in Court when the is called and appears not, nor [casts] has an sends an [] excuse; or
the certificate of the Court any other Court where the ought to have appeared. and did. for which
purpose certificates whether of appearance or non-appearance from every
should within a certain time be regularly transmitted to his office
in these recognizances of evidence. If it should be deemed expedient to settle the question or at least the tenets on one side of the of the penal
for the in this In with reference to the several offences, the business will
be first to determine what shall be the general —
Now this general measure, it will at first sight appear, should be the ques
of the punishment for the offence: because as that quantity is great, the motive interest of the
to buy off the evidence will be great also —
But besides the motive the ability is also to be considered; and as the ability
is the same as we have had occasion to take so much notice of under the name of as the responsibility of the offender, and as that responsibility is often
as the punishment necessary for the offence, [this consideration will show others]the
of admitting this new measure as a corrective of the former
Ins2 whether upon very particular ground, the a might not have liberty to petition or move the Court to put off the Trial. But this not to be allowed in his expenses.

Identifier: | JB/050/103/001 "JB/" can not be assigned to a declared number type with value 50.
Date_1		Marginal Summary Numbering
Box	050	Main Headings	procedure code
Folio number	103	Info in main headings field	certainty public prosecutor reluctance to prosecute
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	f2
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [britannia with shield motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	16094
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