date

1822 Septr. 24 Tripoli. Securities against
1822 Septr. 24 Tripoli. Securities against Misrule II. Details II. for

Individuals ?.10. IX. Depredation Official

?.11. X. Security against Official depredation

Official depredation may have place at the expence of an individual, or at the

expence of government: that is to say at the expence of the whole community at

whose expence the money employed in the service of government is collected

Official depredation at the expence of government belongs not to this purpose.

Official depredation is where as /has place in so far as/ any public functionary

avails himself of the power or infulence possessed by him by means of his office

to obtain from any person money, money's worth or beneficial service in any

shape, not having a right thereto by law.

The instrument whereby /wherewith/ this offence /misdeed/ is committed may be

either force, intimidation or deceit

Intimidation may be exercised by producing either the fear of some eventual

positive evil, or by the fear of failing to obtain the matter of good which the

functionary had the right to prevent the individual from receiving.

Injunction of secrecy is evidence of official depredation

If on the occasion of the valuable thing or service received intimation is by

the functionary conveyed to the individual that it is the wish of the

functionary that the transaction should be kept concealed from any body

/person/, such declared wish affords a presumption of official depredation: and

such presumption if the fact of the having given intimation of such a wish is

credited shall be regarded conclusive.
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    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: [1822 Sept. 24 Tripoli. Securities against]
    Description: 1822 Sept. 24 Tripoli. Securities against Misrule II. Details 11. for

    Individuals ?.10. IX Depredation Official

    Informer of depredation by functionary take him under special protection of

    judicatories.

    Provided always that if the Sovereign be pleased to appear in /repair to/ the

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  • Title: [1822 Oct. 8 Tripoli. Securities against Misrule]
    Description: 1822 Oct. 8 Tripoli. Securities against Misrule II. Details I. for Individuals

    Official Depredation

    Confer Extortion of personal service

    I. Deemed special: payment required at different town or the same

    II. Deemed General. Payment at a particular Office of receipt or other place

    Every functionary by whom on account of any branch of the public service money

    or any valuable thing /money's worth/ or the loan thereof is required at the

    hands of any individual shall on receiving that which is required or any part of

    it deliver to the person of whom it has been received an appropriate instrument

    in writing, acknowledging the /such/ receipt. /Of/ This instrument may be termed

    /the name/ an acknowledgment of receipt, or in one word a receipt

    If no such instrument be so delivered, the act of receipt shall be deemed an act

    of official depredation, or say in one word extortion

    Of every such receipt two copies shall be made One of them shall be delivered to

    the requisitionist as above. On it shall be written

    1. Name of the Place in or at which the requisition is made. District, Town if

    any, and Parish 2. Time at which the requisition is made. 3. The branch of the

    public service for which the requisition is made for example the financial, the

    judicial, or the military Place at or in which the requisition 4. Official name

    of the functionary by whom the requisition is made. 5. Personal name of the

    functionary by whom the requisition is made 6. Name of The individual on whom

    the requisition is made 7. The subject matter of the requisition so made. 8. The

    time on or before which it is required /expected/ that the thing /article/ so

    required shall be delivered 9. The place at which it is expected that the thing

    so required /in requisition/ shall be delivered 10. If the thing so required /in

    requisition/ be delivered accordingly mention of such delivery 11 If no such

    delivery has place, mention of the non-delivery with the alledged cause of it as

    alledged by or on the part of the requisitionist.