JB/095/101/001

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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

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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

Identifier: | JB/095/101/001"JB/" can not be assigned to a declared number type with value 95.
Date_1		Marginal Summary Numbering
Box	095	Main Headings
Folio number	101	Info in main headings field	procedure collusion
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	30987
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