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1827. Octr. 19
Law Amendments Constitutional Code
Ch. Propositions
§. Procedure
6
Under damage by casualty
is included damage to
property by the absence
of the owner
To the head of damage by casualty may be referred
damage to property in whatsoever shape capable of being the result of the
absence of the owner or other lawful occupant. For this
case provision is made in the English French Code Law — in Bonaparte's
Code: in English, none
7
If informant charges
wrong on another without
being demandant Judge
may charge the Government
Advocate to act as demandant
If When wrong or say delinquency is imputed to any by the informant wrong
or say delinquency is imputed to any person and the informant
is not either on his own behalf or any that of any other person
demandant, the Judge if in his opinion an enquiry ought to be
made for the purpose of applying remedy will charge committ to the Government
Advocate the charge of acting as demandant.
8
This the only source
through which it is necessary
for the government
advocate to receive information.
Under certain exceptions This source is the only one through which it is necessary
or seems advisable that the Government Advocate should
received information. No adequate reason seems assignable why the information on which the Judge is to
act should not be received by him at once in the immediate way instead of being
before it reaches him strained though another receptacle — the mind
of the Government Advocate. For cases requiring secrecy in this
as in other instances separate particular provision will be requisite.
9
Where no individual
wronged Govt advocate
role demandant. Where
an assignable individual is wronged
he and the Govt. Advocate
joint demandants
Where the offence is of such a nature that from the wrong
done no assignable individual will experience any particular suffering
the Government Advocate will be the sole demandant or say prosecutor:
where any such assignable individual has place is assigned he and the Government
Advocate will be joint demandants, he for satisfaction to himself,
the Government Advocate for whatsoever in addition to the burthen
of satisfaction may whether to the individual, or in the case of damage
to public property to the public, may be requisite to be administered
in the name and for the purpose of punishment.
10
Prevention of continuance & repetition the first
object to be aimed at
Prevention of every thing beyond the first preparation or attempt that
gave rise to the application, prevention and stoppage of continuance and
repetition will be is the first object to be endeavoured at.
b To different some offences apply some of these remed
of the articles contained in the pharmacopæa of remedies
some apply to some offences, others to others. Few if any are the offences to which all apply without
exception.
Identifier: | JB/056/173/001"JB/" can not be assigned to a declared number type with value 56. |
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1827-10-19 |
6-10 |
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056 |
Law Amendment |
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173 |
Law Amendments |
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001 |
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Text sheet |
1 |
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recto |
C2 |
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18229 |
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