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<p>1824. <del>Dec<hi rend="superscript">r.</hi></del> Jan<hi rend="superscript">y.</hi> 3<lb/> | |||
<head>Constitutional Code</head><note>Ch. Public Pursuers<lb/> | |||
Copied</note></p> | |||
<p><head><hi rend="underline">§. 5. Functions in a publico-private penal case.</hi></head></p> | |||
<p><del>Art. <gap/> <gap/></del> Art. 1. In a publico-private <del>suit</del> <add>penal case</add> the <del>Pursuer<lb/> | |||
General</del> <add>Government Advocate</add> has concurrent authority with <del><gap/></del> <add>the</add> individual<lb/> | |||
specially injured.</p> | |||
<p><del>Art. 6. 7. In <add>the case of</add> a purely public suit if it be by<lb/> | |||
an individual acting spontaneously <add>and</add> without communication<lb/> | |||
with the Pursuer General that information is<lb/> | |||
given of the fact, it will belong to the Judge <add>forthwith</add> to make communication<lb/> | |||
to the Pursuer General of every article of<lb/> | |||
evidence appropriate <unclear>or</unclear> simply indicates in <gap/><lb/> | |||
as it is brought to the view of the Judge: and <add>by the Pursuer General</add> without<lb/> | |||
special order such communication will in consequence<lb/> | |||
of his attendance in the Judicatory either in person or<lb/> | |||
by Depute been <gap/> in course.</del></p> | |||
<p><del>Art. 4.</del> Art. 2. In a <del>private</del> publico-private <del>suit for</del> <add>penal case,</add><lb/> | |||
upo hearing the evidence, as it comes out in the <del><gap/></del><lb/> | |||
course of the original examination, as per Ch. XV § 1., it<lb/> | |||
will belong to the Judge to determine whether the continuance<lb/> | |||
and termination of it shall be allotted to the individual<lb/> | |||
or individuals in question alone, or to the <del><add>Public</add> Pursuer<lb/> | |||
General</del> <add>Government Advocate</add> alone, or <add>to</add> the one and the other in conjunction.</p> | |||
<p>Art. 3. If, on the occasion <add>of any such suit, and</add> such <del><gap/></del> individual, alledging special injury to<lb/> | |||
have been received by him <del><gap/></del><add>on </add> money or moneys worth in compensation for<lb/> | |||
such injury, his application for leave to act as joint-pursuer will not be refused.</p> | |||
<p><del>Art. 9.</del> Art. 4. In this case, if <del>an individual or individuals</del><lb/> | |||
he be <del>calling as attorney</del> able to defray the unavoidable costs of<lb/> | |||
pursuit, the Judge will prefer allotting to <del>such individual</del> <add>him</add><lb/> | |||
the conduct of the suit, unless, for prevention of collusion with<lb/> | |||
<del>the</del> a defendant, he deems it necessary to transfer it to the<lb/> | |||
<del><add>Public</add> Pursuer General</del> Government Advocate.</p> | |||
<p>Art. 5. To the <del>Public <gap/></del> <add>Government Advocate</add> communication of the record will<lb/> | |||
in this case be made as per §. 4. Functions in a purely penal case.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} |
1824. Decr. Jany. 3
Constitutional CodeCh. Public Pursuers
Copied
§. 5. Functions in a publico-private penal case.
Art. Art. 1. In a publico-private suit penal case the Pursuer
General Government Advocate has concurrent authority with the individual
specially injured.
Art. 6. 7. In the case of a purely public suit if it be by
an individual acting spontaneously and without communication
with the Pursuer General that information is
given of the fact, it will belong to the Judge forthwith to make communication
to the Pursuer General of every article of
evidence appropriate or simply indicates in
as it is brought to the view of the Judge: and by the Pursuer General without
special order such communication will in consequence
of his attendance in the Judicatory either in person or
by Depute been in course.
Art. 4. Art. 2. In a private publico-private suit for penal case,
upo hearing the evidence, as it comes out in the
course of the original examination, as per Ch. XV § 1., it
will belong to the Judge to determine whether the continuance
and termination of it shall be allotted to the individual
or individuals in question alone, or to the Public Pursuer
General Government Advocate alone, or to the one and the other in conjunction.
Art. 3. If, on the occasion of any such suit, and such individual, alledging special injury to
have been received by him on money or moneys worth in compensation for
such injury, his application for leave to act as joint-pursuer will not be refused.
Art. 9. Art. 4. In this case, if an individual or individuals
he be calling as attorney able to defray the unavoidable costs of
pursuit, the Judge will prefer allotting to such individual him
the conduct of the suit, unless, for prevention of collusion with
the a defendant, he deems it necessary to transfer it to the
Public Pursuer General Government Advocate.
Art. 5. To the Public Government Advocate communication of the record will
in this case be made as per §. 4. Functions in a purely penal case.
Identifier: | JB/041/221/001"JB/" can not be assigned to a declared number type with value 41. |
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[[notes_public::Copd [note not in Bentham's hand]]] |
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