date

1822 Sept. 26 Tripoli - Securities against
1822 Sept. 26 Tripoli - Securities against Misrule ?.8. VII. Extortion of

service

Of such act of acknowledgement let two copies shall be taken: one to be

delivered to the individual, the other kept by the functionary.

On each of them let the individual signify his assent or dissent to the several

statements therein contained attesting the same by his name or his mark: his

name if he be unable to write so being written by or by order of the

functionary.

The nature of the service and the fact of the exaction of it being thus

recorded, it will then be to be compensated for on account of government or left

uncompensated according to the nature of the case

/Let/ The act of acknowledgment, as to all particulars antecedent to the

performance of the service will be to be made out and signed antecedently to

such performance, or not till afterwards according to the nature of the

exigence: that is to say according as this testimony can or can not be given

beforehand without prejudice to the service.

Examples of cases in which it may probably not be capable of being given without

prejudice to the service

1. Prevention, stoppage, or diminution of damage by any purely physical calamity

such as that occasioned by fire or inundation

2. Prevention, stoppage or diminution of damage to body or goods by delinquency

in any shape: such as, killing wounding or beating, forcible depredation,

destruction or damnification of goods by internal evil doers

3. Prevention, stoppage or diminution of damage in the like shape by foreign

enemies.
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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
  • Title: [1822 Sept. 26 Tripoli. Securities against]
    Description: 1822 Sept. 26 Tripoli. Securities against Misrule II. Details II. for

    Individuals ?.8. VII

    ?.8. VII. Extortion of personal service(a)

    By No public /person, functionary or non-/ functionary shall personal service in

    any shape be exacted of any individual on account of government, without giving

    him in writing an /a sufficient/ acknowledgement thereof.

    In such acknowledgement shall be contained the particulars following - namely

    1. The name of the individual /person/ at whose hands the service was required

    2. The proper name and official name of the person /functionary/ by whom the

    service was required

    3. The particular nature of the service

    4. The nature of the exigency: i.e. of the demand or need which on the public

    account there was for the performance of such service.

    5. The time: that is to say the year, month, day and hour at which the service

    was first required.

    6. The time during which the service was required to be continued.

    7. The willingness or unwillingness of the individual to render the service so

    required

    8. In case of unwillingness, the reasons, if any, alledged by him, why the

    service ought not at all, or ought not at that time to be exacted of him.

    9. The due performance, imperfect performance: or non-performance of the service

    so required.

    10. Collateral damage if any, inevitably sustained by the requisitionist by the

    performance of the service

    Note to ?│ │ Extortion of personal service

    Extortion of service may be considered as depredation: viz. to the amount of the

    profit derived in[?] it on the one hand and the loss or other sufferance

    produced by it on the other In so far as to the individual in question labour is

    a source of profit, forced labour is loss to an amount equal to that /the/

    profit which in the time so employed by him might have been gained.
  • Title: [[clx. 246] 1822 June 28 Constitut]
    Description: [clx. 246]

    1822 June 28

    Constitut Code

    Securities for I Moral

    Ch Factitious Dignity excluded

    1. Note that in the case here in question the reward is extraordinary reward rendered in consideration of extraordinary service. This will be either service rendered by an individual at large by an individual who was not by any official situation laid under the obligation of rendering the service or service rendered by a public functionary over and above all such service as in virtue of his office he stood bound to render.

    2. Note likewise that the question here is - not between reward in other shapes and reward in the shape of dignity; but only between reward in the shape of natural dignity, and reward in the shape of factitious dignity

    Cases there are in which the nature of the service is such that to constitute an adequate inducement in relation to it an inducement of sufficient strength to cause the service to be rendered dignity can not in any shape be sufficient: reward in a more substantial and universally acceptable shape, viz. in the shape of money - is necessary. Take for example extraordinary service rendered at the hazard of life limb and health in the line of military service. Accordingly in the wisest and most frugal of all governments as yet in existence - the government of the United States, for the procurement of such service reward in this shape is not grudged. To /For/ the widow and orphan of him who is killed in the performance of such service a pension is profited. So likewise for him by whom in the performance of service in that shape a limb has been lost or other comparable bodily damage sustained.

    3 Note likewise that when Factitious Dignity is spoken of as a species of reward marked for exclusion by it is meant Factitious Dignity considered in the shape and manner in which it is ordinarily conferred in Monarchies - i.e. without the collection and publication of evidence probative of the existence and indicative of the nature and shape of the service, in remuneration of which it is desired that it should be understood to have been conferred.