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'' | <head>PROCEDURE 33 <gap/>38.</head><lb/> <note>Collusion</note> <p>That Justices may examine <add>do this</add> into <add>with effect</add> the interests 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 informr that the Penalty already <gap/> <add>or when it shall be <gap/></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><lb/><pb/> <head>PROCEDURE. Collusion</head><lb/> <p>been for such information?</p><lb/> <p>2nd When the <del>portion</del> penalty is apportioned, part of <lb/>it is secured to the <del>party</del> <add>friend</add> which is shared <gap/>by<lb/> the informer: the runaway part therefore <add>viz the informer's share</add> <gap/><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/> the other half sould be paid <add><gap/></add> a second time, by way of <lb/> punishment.</p><lb/> <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>accommdated to the circumstances of each case</add> as he may think conducive to the discovery<lb/> of the truth: <del>J</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 - or upon non-appearance of the delinquent<lb/> or prior informer <add>after <gap/></add> without an excuse. [& in<lb/> undertaking for a future appearance] verified upon<lb/> oath.<lb/></p> Before conviction <add>or before payment on delivery</add> & which the Inforamtion is pending<lb/> The apertory overments <add>Oath</add> may be turned into Promissory.<lb/> After all, it must be left to the discretion of the Justice<lb/> but an Appeal might be given to the 2nd informer: least the<lb/> <!-- DO NOT EDIT BELOW THIS LINE --> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} |
PROCEDURE 33 38.
Collusion
That Justices may examine do this into with effect the interests 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 informr that the Penalty already or when it shall be 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
it is secured to the party friend which is shared by
the informer: the runaway part therefore viz the informer's share
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
the other half sould be paid 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 accommdated to the circumstances of each case as he may think conducive to the discovery
of the truth: J s so that he may conviction de novo may upon
not receiving any answer or an unsatisfactory
one - or upon non-appearance of the delinquent
or prior informer after without an excuse. [& in
undertaking for a future appearance] verified upon
oath.
Before conviction or before payment on delivery & which the Inforamtion is pending
The apertory overments Oath may be turned into Promissory.
After all, it must be left to the discretion of the Justice
but an Appeal might be given to the 2nd informer: least the
Identifier: | JB/095/101/001"JB/" can not be assigned to a declared number type with value 95. |
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jeremy bentham |
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