16 April 1804

Evidence

Forthcomingness

Ch.4. Misprision

§.2. Rules.

Rule 5. Non-delation ought not be made punishable, without special advertisement in any cases in /other than such/ which from the obvious mischievousness of the principal offence, the fact of its being treated as such by the law, and accordingly made punishable cannot but have been universally notorious: - as in the case of premeditated homicide, mutilation, disfigurement, incendiarism destructive inundation, highway robbery, and house-robbery, and the like.

Rule 6. As in non-information at large, so in non-delation, the propriety of treating the negative act in question upon the footing of an offence will depend upon the means and upon the effortcy of the means employed for conveying to the cognizance the proposed witness notice of his being subject to the obligation so imposed.

Rule 7. No law, for the purpose of extending to this or that principal species of offence, or to this or that class of persons in the character of proposed witnesses, ought to be enacted, without clearly specifying the time and mode of making the required communication, together with a sufficient description of the Judge or other official person to whom it shall be made.

Rule 8. The sorts of principal offences in relation to which the obligation of delation is imposed, ought to be clearly designated and distinguished by the insertion of their names or descriptions in an appropriate catalogue.