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1822 Aug. 20 Tripoli Securities against Misrule ?.5. IV. Secret Confinement
IV. Security against Oppressive Confinement
II. Securities in detail in favour of individuals.
IV. Security against secret confinement: for the protection of to the persons of
individuals against oppression, by persons in authority, [without or even with
the knowledge of the Sovereign.]
1. Whensoever, on the alledged ground of its being a purposes /furtherance/ of
justice, the person of any man is put under confinement, information thereof
shall be given in the most public manner to the end that all persons taking an
interest in his welfare may have it in their power to take lawful measures for
securing him against injustice.
To this end no person shall be confined in any habitation other than a prison or
other habitation
2 To this end, all habitations /the names /name/ and situation of every
habitation/ designed by authority to be used as places of confinement whether on
the score of delinquency or insanity shall be entered in an appropriate register
one copy whereof /exemplar of/ shall be kept in the metropolis at /in/ the
Office of the Chief Judicatory; and of this exemplar a copy shall be kept at the
Office of every other Judicatory
3. On the commitment of an individual to any such place of confinement, entry of
such commitment shall be made on a register to be therein kept for that purpose,
mentioning 1 the name by which, in his own confession /declaration/ or otherwise
such individual is distinguished, 2 the person or persons by whose authority he
is so committed /hands he has been brought the person by whose authority he has
been brought/, 3 the cause for which he is so committed /has been brought/ 4 the
time for which he is so committed: 5 and the evidence on which such commitment
has been grounded: a sufficient description by name and otherwise of every
person on whose testimony the commitment has had place being added, 6 as also
the cause for which he has been committed.
Add obligation of notification of habitations employed as temporary prisons
through necessity.
Similar Items
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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
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Title: [1822 Sept. 26 Tripoli. Securities against]Description: 1822 Sept. 26 Tripoli. Securities against Misrule ?.8. VII. Extortion of service Where the nature of the service is such as to require that it be exacted of individuals in an indeterminate number at the same time, no such act of acknowledgment need be given to any /each/ one of them. But in this case let a general statement of the matter be committed to writing by the proper functionary, and deposited either at the Mosque or the Judicatory within the District of which the matter happened, or both as the case may require In this case if it should happen to /that/ any individual if so it be that this or that individual has on the occasion of his performance of such service, received any material damage in body or goods, let note with sufficient attestations be taken thereof, to the end that he may receive compensation in a pecuniary shape at the hands of government So if so it be that by the magnitude of hazard to body or goods, or by the success or energy of his exertions it has happened to this or that individual to distinguish /signalize/ himself in an eminent degree, let note thereof be taken and a duly attested copy thereof be delivered to him. In this case, if the degree of merit so manifested be sufficient let an entry be made in an appropriate Register to be kept in every Mosque and in every Judicatory. It may be stiled The Register of Merit: or the Register of extraordinarily meritorious public service
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Title: [1822 Sept 22 Tripoli Securities against Misrule]Description: 1822 Sept 22 Tripoli Securities against Misrule IV. Secret Confinement Any person to whom by any such Keeper any such acknowledgment has been made may repair to the Judicatory of the District in which such place of confinement is situated, or to any nearer Judicatory, and there require of the Judges that the person so under confinement may be produced before them, and at a public audience, inquiry made into the cause of such confinement: which inquiry made the person shall be remanded, or set at liberty, or otherwise dealt with as the case may require. What is here said of a prison shall be understood of any other place in which whether according or not according to law the person in question is under confinement. If to avoid his being produced to the Judicatory, as above, a prisoner is shifted from place to place, all persons concerned in such shifting and conscious of its having that for its purpose, shall be /are/ responsible as for injurious imprisonment.
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