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.
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  • 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: [1825. Dec r. 28 31 Constitutional]
    Description: 1825. Dec r. 28 31

    Constitutional Code

    Ch.XVI. Quasi Jury

    (I S.4 Attendance

    Repeat and Copy corrected 1826 Nov.y.

    §.5. Attendance.

    Art.14 Attendance how enforced Quasi Jury and for this

    By the Registrar is regularly framed and kept the Quasi Jury

    Defaulters: list. In it any two Sublists: 1 the County to be County Defaulters List

    Defaulters list; and, 2. the Town Defaulters list d o the name of of each

    several defaulters as soon as he becomes so the Registrar

    are entered the name of of the County

    attaches an indication of the fact and the day,and of the

    the Men of the Town Defaulters

    the matter of . Both called The Quasi Jury Defaulters

    proceedings carried on in consequence.

    Art. 45 For the penalty for each days default,

    as well as the part of to Select

    as is it part of an Ordinary disbarred Quasi Quasi

    Juror, see the Penal Code. [+] in so far as the penalty is pre , [+] In time of, or in addition to compensation money for the overburthened Liables who have served, - penalty for each day's defasult so many days imprisonment: name of the fund into which custody of the Registrar, the money is paid, the Overburthened Quasi Jurors' Compensation fund.

    the money is paid into fund stated the Compen Compensation fund:

    out of it, such Town

    Quasi Jurors for who h as have served compensation as made for the

    burthen benefit upon them by defaults, whither in the

    part of the Country, or of the Town stock of destined Quasi Jurors.

    Art.46 On receipt of an appropriate instrument of

    requisition

    signed by any [two] Town Liables, who

    any number may have those who their

    have served, the Goverments al will be Persons

    institute pursuit on the ground of default. against Liable

    legitimate Excuse proper be bring within

    Art. 47 On receipt of a like instrument

    signed by any [two] such Liables, alledging

    falshood to have by an assertion contained in of having Excuse

    paper, as per Art.2 particular , the alledged false assertion, and binding

    themselves, on these responsibily compensational and punishment , to to make sufficientproof of the futility he will institute a suit demanding the appropriate punishment.
  • Title: [1822 Septr. 24 Tripoli. Securities against]
    Description: 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.