date

1822 Sept 22 Tripoli Securities against Misrule
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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  • 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.
  • Title: [1822 Sept. 20 Tripoli. Securities against]
    Description: 1822 Sept. 20 Tripoli. Securities against Misrule IV. Secret Confinement

    4 Within │ │ hours after the commitment of the prisoner, a copy of such entry

    shall be pasted up over the door of the Judicatory, in such characters and

    situation as shall be legible to all passengers.

    5. If at any time by some special cause /necessity/ the commitment of the

    prisoner to the appropriate prison be rendered impracticable or improper, any

    other building public or private may for the time be employed for the purpose,

    care being taken that the vexation thereby occasioned as well to the occupant of

    such building as to the prisoner be as little as possible and that at the

    expence of the prisoner if found guilty or at the expence of the public if there

    be fund sufficient, compensation be made to the occupant for the vexation: for

    which reason also that building which for this purpose may be employed with

    least vexation compensated or uncompensated to the occupant, be in each case

    preferred.

    6. Causes for which instead of the ordinary appropriate prison an extraordinary

    prison as above may be employed are as follows

    1. The ordinary prison by of its fullness rendered incapable of holding the

    prisoner without prejudice to safe custody or health /danger to health or safe

    custody./

    2. or by want of repair

    3. - or by unhealthiness produced for example by contagious disease.

    4. or rendered by distance inaccessible without halting for repose

    5 - or by hostility of on the part of enemies foreign or domestic.

    6 - or by danger of forcible rescue.
  • 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