Pennsylvania Act 1866-72 — PENAL LAWS - DUTIES OF DISTRICT ATTORNEYS - SUPPLEMENT

Act text

PENAL LAWS - DUTIES OF DISTRICT ATTORNEYS - SUPPLEMENT
                  Act of Mar. 12, 1866, P.L. 85, No. 72               Cl. 16
                           A FURTHER SUPPLEMENT

     To an act, entitled "An Act to consolidate, revise and amend the
        penal laws of this Commonwealth," so far as relates to the
        duties of district attorneys.

        Section 1.  When private counsel allowed to prosecute
        If any district attorney, within this Commonwealth, shall
     neglect or refuse to prosecute, in due form of law, any criminal
     charge, regularly returned to him, or to the court of the proper
     county; or if, at any stage of the proceedings, the district
     attorney of the proper county, and the private counsel, employed
     by the prosecutor, should differ as to the manner of conducting
     the trial, it shall be lawful for the prosecutor to present his
     or her petition to the court of the proper county, setting forth
     the character of the complaint, and verify the same by
     affidavit; whereupon, if the court shall be of the opinion that
     it is a proper case for a criminal proceeding or prosecution, it
     shall be lawful for it to direct any private counsel, employed
     by such prosecutor, to conduct the entire proceeding, and where
     an indictment is necessary, to verify the same, by his own
     signature, as fully as the same could be done by the district
     attorney; and this act shall apply to all criminal proceedings
     heretofore commenced, and still pending, as well as to those
     which shall be instituted hereafter.  1866, March 12, P.L. 85,
     Sec. 1.