Draught of a New Plan for the Organisation of the Judicial Establishment in France; Proposed as a Succedaneum to the Draught Presented, for the Same P

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1790 Excerpt: ... CHAP. VII. Tit. V. Of Defender-generals. RT. I.--The functions of a Desender-General of an immediate Court shall be, in matters civil as well as penal, 1. To act on behalf of every defendant, who, through poverty and want of friends, is unable to engage any other Advocate. 2. To obviate any prejudice he sees likely to result to justice, from any oversight or unikilfulness on the part of a defendant who pleads his own cause, or on the part of his private Advocate, gratuitous or prosessional. Art. II.--To act on behalf of the Administrative Body of the territory for which he serves, in cases where the PursuerGeneral is engaged on the other side: but this in concurrence with the Procurator-Syndic of that Body, in the fame manner as the Pursuer-General would have had to act. For the other provisions relative to Defender-Generals, see Tit. III. Of Judges, and Tit. IV. Of Pursuer-generals. CHAP. VIII. Tit. VI. Of Voluntary Prosecutors..ART. I.--For any offence not specially excepted, any man not specially inhibited may be admitted to prosecute: giving competent security against collusion, litigious vexation, and calumny. Art. II.--But no man, other than the Pursuer-General, is bound to take upon him this duty, and any man may call upon the Pursuer-General to take it off his hands. Art. HI.--In the following cases, the Judge, upon the petition of an individual, may admit him to prosecute in preference to. the Pursuer-General, if he thinks the purposes of justice will be better served by such preference, declaring that such is his opinion, and for what reasons; B a i, Where 1. Where the Pursuer-General, in virtue of some connexion or otherwise, stands exposed to a suspicion os collusion with the defendant.,, 2. Where the prosecution seems likely to be of an intric...