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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.
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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 Preliminary Explanations Means of notification ?.6. [...?...?] The power of public opinion being the only check that can be applied to the power of arbitrary government, and the efficiency of that tutelary power depending as above upon the number of the persons to whom on each occasion the appropriate information is notified the great misfortune is - that in the country in question the means of notification are so narrow: in that country free newspapers - the matchless instruments of notification - even newspapers of every kind - being as yet altogether wanting. Production of the statement, multiplication, conveyance - all these operations are necessary: production and multiplication are ensured by newspapers: conveyance, by the Letter-Post. In the country in question, of the possible sources of notification for the purpose in question the two Universities, - the 14 Judicatories and the 3000 Mosques compose at present the whole catalogue. In this state of penury, every thing that can be done must therefore be done, to employ to the greatest advantage and extent possible, those sole existing resources: and by every addition that can be made to the number of them, benefit will be produced - not in this shape only, but in an infinite variety of other shapes. Supposing the here-proposed Securities established, the number of the written instruments brought into existence - instruments written in the Judicatories and the Mosques, would, were it from this cause alone, receive very considerable encrease. There would be the originals, and there would be the copies taken for transmission. For the originals, no means of multiplication would be of any use. But, for the copies taken for transmission in the Universities and Judicatories printing presses would be indispensable: one allotted to this purpose, in each of the Universities, and in each of the Judicatories. To the Iman in his Mosque no such expensive apparatus would be necessary: he having on each occasion but one place to correspond with - namely the Judicatory within the jurisdiction of which his Mosque is situated: unless by accident a particular demand should arise for his transmitting copies of the document in question to Judicatories more than one.
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Title: [1822 Sept. 20 Tripoli Securities against]Description: 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
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