date

1822 Sept. 29 Tripoli. Securites against
1822 Sept. 29

Tripoli. Securites against Misrule

Preliminary Explanations

So again as to judicial procedure. In so far as the forms already in use are adequate to the purpose of giving execution and effect to the several proposed arrangements, it is well. But if in any instance they are otherwise than adequate, new ones must be provided, or the security which it is desired should be possessed can not be afforded: whatsoever be the necessary means, he who determinately desires the attainment of the end, can not but desire the employment of those or other adequate means.

By these observations a sufficient apology, or rather a justification, will, it is hoped, be found afforded, not only for several definition and penal enactment, but even for some institution, which in the country in question may not improbably present a face of novelty. Among institutions for example, not only the celebrated one so uncharacteristically expressed in English by the two Latin words Habeas Corpus (have the body) but the one known in England by the name of the Coroner's Inquest. Of the Habeas Corpus the use is - to afford a remedy against clandestine or pertinacious imprisonment or confinement of the person: a remedy, terminative or preventive, as the case may be. Of the Coroners Inquest the use is to throw the light of notoriety upon every such death as shall afford grounds for suspecting that the hand of man has in the production of it borne an improper part. But of the three distinguishable causes by any of which the disappearance of a human being where it has had injury for its cause may alike have been produced death and confinement are but two. The other is banishment. For ascertaining, by which of them all such disappearance, where it has place has been produced, no course of procedure is (it is believed) to be found in any system of law as yet known. To this deficiency an attempt to furnish a supply will here be found under the head of Mysterious Disappearance.
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  • Title: [1822 Sept. 25 Tripoli Securities against]
    Description: 1822 Sept. 25

    Tripoli Securities against Misrule

    Preliminary Explanations

    ?.10. Analytical view

    ?.10 Heads under which the Securities may be ranged

    The way may now perhaps be found sufficiently prepared for a list of the several shapes in which the evil - oppression is liable to operate. The provision of detail by which the remedy is endeavoured to be applied will follow under these several heads when the nature and use of the remedy have been explained. Meantime, by a short distinction however the nature of them will in some instances be rendered the more distinctly visible. Oppression may accordingly be distinguished into primary and persevering into that which is in its original state, and that which is in a more matured and rooted state: in the one case it may be stiled simple oppression; in the other case ultra-oppression

    Modes of Oppression against which security is here endeavoured to be provided are as follows -

    1. Vexation on the account of religion: or say Religious persecution. NB. In this particular case, what may happen is - that the Sovereign, if from oppression on this account he does not himself derive any particular gratification, may be content to deprive his successors of it: while, by his own act he stands deprived of the power only because he has no desire to make use of it, they will by the same act stand deprived of it even though they should have the desire to make use of it. In this case therefore a direct promise of non-exercise, or even a direct appropriate abdication may, not without hope under favorable circumstances be sued for at his hands.

    2. Secret Confinement, viz of the person of an individual: confinement, namely within the walls of a prison, or within any other less narrow space.

    3. Secret Banishment: i.e. by forcible exportation or in any other way exclusion of an individual from the whole of the dominion of the state in question, or from this or that part of it.

    4. Secret Homicide.(a)

    5. Mysterious disappearance: namely disappearance of an individual from a cause as yet unknown: it may be any of the above three - confinement, banishment, or death.

    Note(a)

    (a)Against vexation in all these three shapes provision is of course already made in the existing system of law whatever it may be, and, the vexatious act being made punishable, secresy is of course an accompaniment endeavoured to be given to it. But when hands by which the injury is inflicted are of the number of those which are armed with power, that power extends to the giving to the whole operation a degree of secresy beyond any which could be given to it by ordinary and powerless hands and for the maintenance of secresy, even where power is irresistible the avoidance of odium affords commonly an adequate inducement. By the arrangements proposed under these heads secresy will be found combated by instruments of elucidation of which none are every where in use and of which some are not any where as yet in use.
  • Title: [1822 Sep. 22 Tripoli. Securities against]
    Description: 1822 Sep. 22 Tripoli. Securities against Misrule ?8. VII Mysterious

    Disappearance.

    In case of the unexpected disappearance of any person, if it be known or

    suspected that he is clandestinely /secretly/ kept in confinement any where or

    has been cland /secretly/ put to death or forcibly /by force or fraud/ sent out

    of the country, application being made on his behalf to the Cadi or to any

    inferior judicatory, entry shall thereof be made in the Register Book of such

    judicatory; means shall be employed for the recordation and notification of the

    fact, to the end that in the case of his transportation he may be brought back,

    and /being under confinement /if unlawfully confined/ he may be liberated or

    otherwise dealt with/ if unlawfully transported he may be brought back, or if

    unlawfully put to death measures may be taken for the punishment of all persons

    concerned in the commission of the crime /injury/ /thereto contributory/

    Such application being made the Judge shall hear and make entry thereof in /an

    appropriate/ Register Book of the Judicatory, and shall cause /to do whatsoever

    shall be in his power towards the causing/ notification to be made thereof

    throughout the dominions of the State
  • Title: [4 July 1802 + 2 57 N. S. Wales VIII]
    Description: 4 July 1802 + 2 57

    N. S. Wales VIII Punishment

    8

    6 Conduct 1 Legislation Note Habeas Corpus

    Every of every person other than a Convict non-emancipated de Jure is no offence

    against the Habeas Corpus Act — on the

    part of every envisioned on 500 — with Premunire — of Pardon.

    I have In speaking of the de view given, the evil consequences of this mismanagement I have spoken as yet but of those which are in their nature but contingent, and have not yet been realized. There remain others that which may yet come to be realized and are such as no power or providence in the Colony, nor any thing less than an Act of Parliament would be able to avert. These cannot in the punishment that under the Habeas Corpus Act awaits the parties concerned in the detaining of the several individuals who from the foundation of the Colony to the present time have been unjustly and forcibly detained in it.

    "And for preventing illegal imprisonment (Says the Act + or in prisons beyond + 31 C.2.c.2. §.12 "the Seas; Be it further enacted ... that no subject of this Realm "that now is, or hereafter shall be an Inhabitant or Resident "of this Kingdom of England .... shall or may be sent prisoner ".... into , Garrisons, Islands or places beyond the Seas, "which are or at any time times hereafter shall be within or "without the dominions of His Majesty. The Here and Hereafter: "and that if any of the said subjects ... hereafter shall be "so imprisoned, every such person ... so imprisoned ... may for "every such Imprisonment maintain by order of the Act an "Action or Actions of false imprisonment, in any of his Majestys "Courts of Record against the person or persons by whom he "or her shall be so committed, detained, imprisoned, sent "Prisoner or transported, contrary to the true meaning of this "Act, and against all or any person or persons that shall " frame, contrive, write, seal, or countersign any Warrant or "writing for such commitment, Detainer, Imprisonment or "transportation, or shall be sdvising, aiding or assisting "in the same or any of them; and the Plaintiff in every "such Action shall have judgment to recover his treble cash "binders damages, which damages so to be given shall not "be less than five hundred pounds; .... and the person or persons