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<head>PROCEDURE 33 | <head>PROCEDURE 33 §38.</head> | ||
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<p><note>Collusion</note> That Justices may examine <add>do this</add> into <add>with effect</add> the merits of former<lb/> convictions, the following powers seem to be requisite.<lb/>1st a Power to <del>examine</del> <add>compel appearance & answers of</add> the delinquent upon Oath<lb/> as also the prior informer whether it was not<lb/> understood between them or whether it was not intended<lb/>by the informer that the Penalty <add> already <gap/>or when it shall <add>be reviewed</add></add> or an <lb/>equivalent, adequate or partial,should be given up<lb/> to the delinquent or somebody on his behalf - or to<lb/> some relation or friend of the delinquent, tho' to keep<lb/> for himself, <add>the <gap/></add> which would not have been given <add>to such person</add> had it</p> | |||
<pb/> | |||
<head>PROCEDURE. Collusion</head> | |||
<p>been for such information?</p> | |||
<p>2nd When the <del>portion</del> penalty is apportioned, part of <lb/><note>between the <gap/> and the informer the <del><gap/> was </del> <add>collusion</add> can cover but half it is therefore their half only that <gap/></note> <lb/>it is secured to the <del>party</del> <add>friend</add> which is shared with by<lb/> the informer: the runaway part therefore <add>viz the informer's share</add> can alone <lb/>have been protected by the collusion: it is therefore <lb/> this informer's share that in such case ought to<lb/>be paid over again: unless it be thought proper that<lb/> his other half should be paid <add>all</add> a second time, by way of <lb/> punishment.</p> | |||
<p><gap/> <del>should</del> <add>might</add>be drawn with this view, which the <lb/> Justice should be empowered or obliged <add>required</add> to exhibit<lb/> upon a former conviction pleaded, together with <lb/> such others <add>accommodated to the circumstances of each case</add> as he may think conducive to the discovery<lb/> of the truth: <del>&</del> <del>s</del> <add>so that he may</add> convict<del>ion</del> de <unclear>novo</unclear> <del>may</del> <add>upon</add> <lb/> not receiving any answer or an unsatisfactory<lb/> one - as upon non-appearance of the delinquent<lb/> or prior informer <add>after summons </add> without an excuse. [& in<lb/> <note>somewhat <del>at a</del> I should be left to decide whether this Appeal from an acquital was designed to be given that word might ad<gap/> of it: on the other hand it is contrary to the general <gap/> of the Common Law</note><lb/> undertaking for a future appearance] verified upon<lb/> oath.<lb/></p> | |||
<p>Before conviction <add>or before payment on delivery</add> & which the Information is pending<lb/> The apertory averments <add>Oath</add> may be turned into Promissory.<lb/> After all, it must be left to the discretion of the Justices<lb/> but an Appeal might be given to the 2nd informer: least the<lb/> <add>Justices as it may frequently happen <gap/> <gap/> be also in extension</add></p> | |||
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PROCEDURE 33 §38.
Collusion That Justices may examine do this into with effect the merits of former
convictions, the following powers seem to be requisite.
1st a Power to examine compel appearance & answers of the delinquent upon Oath
as also the prior informer whether it was not
understood between them or whether it was not intended
by the informer that the Penalty already or when it shall <add>be reviewed</add> or an
equivalent, adequate or partial,should be given up
to the delinquent or somebody on his behalf - or to
some relation or friend of the delinquent, tho' to keep
for himself, the which would not have been given to such person had it
---page break---
PROCEDURE. Collusion
been for such information?
2nd When the portion penalty is apportioned, part of
between the and the informer the was collusion can cover but half it is therefore their half only that
it is secured to the party friend which is shared with by
the informer: the runaway part therefore viz the informer's share can alone
have been protected by the collusion: it is therefore
this informer's share that in such case ought to
be paid over again: unless it be thought proper that
his other half should be paid all a second time, by way of
punishment.
should mightbe drawn with this view, which the
Justice should be empowered or obliged required to exhibit
upon a former conviction pleaded, together with
such others accommodated to the circumstances of each case as he may think conducive to the discovery
of the truth: & s so that he may conviction de novo may upon
not receiving any answer or an unsatisfactory
one - as upon non-appearance of the delinquent
or prior informer after summons without an excuse. [& in
somewhat at a I should be left to decide whether this Appeal from an acquital was designed to be given that word might ad of it: on the other hand it is contrary to the general of the Common Law
undertaking for a future appearance] verified upon
oath.
Before conviction or before payment on delivery & which the Information is pending
The apertory averments Oath may be turned into Promissory.
After all, it must be left to the discretion of the Justices
but an Appeal might be given to the 2nd informer: least the
Justices as it may frequently happen be also in extension
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