date

1822 Sept. 20 Tripoli Securities against
1822 Sept. 20 Tripoli Securities against Misrule ?5. IV. Secret confinement

7. If in any such occasional prison a prisoner be detained more than [24] hours,

over the door thereof shall be fixt up a paper of notice such as that prescibed

by Article │ │ in the case of an ordinary prison: and for the framing or

attestation thereof the assistance of the Iman of /some Iman be invoked: that of

the/ nearest Mosque in preference.

8. Of the commitment of a person to any such extraordinary prison the bringer

known the fact of the detention /commi/ at the ordinary prison together with the

cause by which as supposed it was rendered necessary, and whether such notice as

should have been fixt up as above was fixt up, and if not, why not.

9 The bringer shall make known to such keeper of the ordinary prison or such

Judge as the case may be the fact of such detention at the extraordinary prison,

together with the causes and circumstance of it: if he omitts so to do the

detention shall for and during the time of it be deemed unlawful /injurious/

10 Every person who knowingly and wilfully has been contributory to the

injurious imprisonment of any person shall himself suffer imprisonment for a

length of time equal to that during which the the party so injured was

imprisoned /the imprisonment had place/: and shall moreover to the extent of his

means be compelled to furnish or contribute to the furnishing compensation in a

pecuniary shape for the injury
Similar Items
  • Title: [1822 Sept. 22 Tripoli. Securities against]
    Description: 1822 Sept. 22 Tripoli. Securities against Misrule 3. Disappearance

    At the request of any person so applying /On the occasion of any such

    application/ the Judge shall immediately deliver to him or suffer him to take or

    to cause to be taken a copy thereof signed by the said Judge: copies in any

    number being taken of such copy, the Judge shall without delay cause examination

    thereof to be made, and as soon as they have respectively been found or made

    correct shall in like manner authenticate them by his signature, to the end that

    by the applicant transmission thereof be made to all such judicatories and

    Mosques as the applicant shall be desirous of sending them to: whereupon

    immediately upon the receipt of each such copy, the Iman of the Mosque shall

    make publication thereof by reading the contents to the faithful in full

    congregation assembled:

    In every judicatory in the office of which any such copy shall have /has/ been

    received, the presiding Judge shall cause it to be kept in the archives, and

    having first made notification thereof in the promptest and at the same time in

    the most public manner that the circumstances of time and place admitt of.

    Attached to such record of disappearance shall be an invitation to all persons

    having knowledge of any facts, tending to a /the/ discovery of the authors of

    the injury or to the causing it to cease, if the party be alive to the causing

    it to cease, to repair to any judicatory or to any Mosque at their choice, there

    to testify what they know: which done it shall be incumbent upon the President

    of the Judicatory or the Iman of the Mosque shall upon their responsibility use

    such means as their situation admitts of to the forwarding to the proper

    Judicatory the information so obtained.
  • Title: [1822 Sept. 23 Tripoli Securities against]
    Description: 1822 Sept. 23 Tripoli Securities against Misrule ?.6. Secret Banishment

    ?6. V. Security against injurious banishment

    Injurious banishment is where without or otherwise than according to lawful

    sentence of a judicatory a subject of the State is, to his vexation, by force,

    unlawful intimidation /commination/ or fraud /deceit/, sent or kept out of the

    territory of the State or any part thereof.

    If out of the whole territory of the State, the banishment is external; if out

    of this or that particular part, internal.

    The intimidation /commination/ is unlawful, if the means employed be a threat of

    vexation by unlawful means, or even of lawful prosecution for other cause than

    injury done to the individual by whom the menacing /comminatory/ intimation is

    conveyed or to some other individual on whose behalf he is entitled to

    prosecute. Quere whether to insert this?

    Of every sentence of banishment, external or internal, pronounced by a

    subordinate Judicatory notice shall, by the earliest opportunity be sent to the

    office of the Head Judges nor shall the sentence be executed, until confirmed by

    his signature: nor then executed, until thirty days after the sentence has been

    read in the Chamber of audience.

    Every person who knowingly and wilfully has been contributory to the injurious

    external banishment of any person shall suffer imprisonment for a length of time

    equal to that during which such banishment shall have continued /had place/: and

    shall moreover to the extent of his means be compelled to contribute to the

    furnishing compensation in a pecuniary shape for the injury.
  • Title: [1822 Sept. 22 Tripoli Securities IV. Secret]
    Description: 1822 Sept. 22 Tripoli Securities IV. Secret Confinement

    Any person by whom it shall be known or suspected that in a certain prison

    /building/ or other receptacle /place/ a certain person is kept in confinement

    may repair to the Keeper and require to be informed by him whether such person

    be actually under his custody. If being so interrogated the Keeper refuses or

    forbears to make answer, or makes a false answer, the Keeper shall being thereof

    convicted shall be punished with /suffer/ condign punishment: and at the time of

    the interrogation the person in question was actually in his custody shall be

    punished as having been guilty of wrongful /injurious/ imprisonment.

    To the interrogation whether the person in question be at that very time in the

    custody of such Keeper may be added the interrogation whether at any and what

    time he had been in such custody: and if yes, in what manner and by what means

    he ceased to be so.

    For prevention of vexation and impertinent inquiries the Keeper upon hearing

    /before he makes reply to/ any such interrogation as above may require the

    applicant to make himself known to the purpose of eventual responsibility.