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1822 Oct. 7 Tripoli Securities against Misrule ?.9. VIII Misuse of Writings
If by legal means obtained /employed [...?]/ for the purpose of obtaining
evidence of this or that act of delinquency, or of the correspondent
non-delinquency, or in support of this or that particular right, writings or
other documents capable of serving as evidence respecting any other supposed
offence or right, the evidence thus obtained may be employed accordingly. But if
in this way possession or inspection has been obtained of writings or other
documents by the publicity /disclosure/ of which evil in any shape has been
produced to any person without service rendered to justice in any shape as
above, for such evil all parties concerned in the production if it shall be
responsible to the purpose of reparation, or punishment, or both as the case may
require.
If for the purpose of producing serious evil by disclosure of writings or other
documents evidence not applicable to any other than a trivial offence or a
trivial right be obtained, though it be by legal means, all persons knowingly
concerned in such inspection or divulgation shall be responsible to the purpose
of reparation or punishment or both. But from the punishment deduction may be
made proportioned to any such good as shall be deemed to have been produced by
the production of such evidence.
Note(a) Example. For the purpose of causing a person to be disinherited or
otherwise made to suffer by an over-severe or capricious /tyrannical/ father,
husband or master, an adversary /enemy/ obtains by legal means in company with
documents applicable to the purpose of a trivial offence or right others which
by means of some exasperation produce the evil effect intended as above.
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Title: [1822 Aug. 21 Tripoli. Securities against]Description: 1822 Aug. 21 Tripoli. Securities against Misrule II Details ?.9. VIII. Misuse of writings. 6. Inspection of papers[?] ?.9. VIII Security in favour of private writings Security in favour /against misuse/ of private writings: or Security for the writings or other documents of individuals against wanton or oppressive seizure, destruction damnification or inspection by persons in authority. by non-functionaries or functionaries 1 No writing against the will known or reasonably presumable of the owner shall by force or false pretence be carried or kept out of his custody or power, or be seized, destroyed damaged or inspected by or by order of any person in authority, unless /nor otherwise than/ it be in pursuance of the order of a /some/ judicatory: of the /an/ appropriate judicial functionary 2 Such order may be either subsequently to the definitive sentence pronounced in a suit or cause and for the purpose of giving effect to such sentence, or antecedently to such sentence, and for the purpose of furnishing due grounds for it in the shape of evidence. In case of any such injurious /wrongful/ seizure, destruction damnification or inspection /misuse/, every person concerned in the infliction of the injury shall be responsible to the purpose of pecuniary compensation, with or without ulterior punishment as the case may require Note that The evil produced by such injurious inspection is capable of wearing any shape in which evil to any person or persons is capable of having place: person in his person, in his reputation in his property in his condition in life - in any of these ways an individual is liable to be made a sufferer from such a cause.
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Title: [1822 Sept. 24. Tripoli. Securities against]Description: 1822 Sept. 24. Tripoli. Securities against Misrule ?.9. VIII Misuse of Writings If by any illegal means writings be obtained contributing to the proof of any crime /offence/, the illegality of the means shall not have the effect of exempting the possessor from the punishment adapted to the crime /offence/: but in the adaptation /liquidation/ of the punishment, any evil suffered by him in consequence of the inspection thus obtained of any other writings shall be considered. So, in the case where as between two parties who are in a state of dispute, with relation to a certain right, a writing having for its tendency the giving effect[?] to the claim of one of the parties, and which as such, the other ought to produce or to have produced, has been obtained by illegal means, that is to say without sufficient and properly issued warrant But /Only/ if it be by wilful falshood in any shape that the writing has been obtained, all persons concerned shall be punished for the falshood: and the party if privy to the falshood shall not have the benefit of the evidence so obtained. But care must be taken, that /lest/, he not being privy to the falshood, a false friend should by obtaining it by means of falshood seek then to deprive him of the benefit of it.
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Title: [1822 Aug. 20. Tripoli - Acknowledgement of]Description: 1822 Aug. 20. Tripoli - Acknowledgement of Rights Generalia I. For the Nation II. Security against National Gagging: or Security for appeal to Public Opinion, and the power of the law on the subject of the conduct of all persons whatsoever: functionaries as well as non-functionaries. Every man is at liberty to express, as well by visible as by audible signs, and in any way and to any extent to make public, whatsoever in his judgment it will be contributory to the greatest happiness of the greatest number to be informed of: and this, although disapprobation be thereby expressed towards persons in authority or any of them, whether on account of the general tenor of their conduct, or on account of their conduct on this or that occasion in particular. Counter Security. Provided always, that, for any injury thereby done to the reputation of any individual by false imputations, every person concerned in the doing of such injury is responsible to the purpose of reparation and punishment, at the suit, and for the benefit, of any individual or individuals injured: and that, for any thing which being so expressed, has for its object the exciting men to the commission of this or that particular offence, any man shall be responsible, as above according to the nature of such offence. If, on account of any indication given of supposed delinquency in any shape on the part of any person, non-functionary or functionary, a person be proceeded against at law as for injury to reputation, proof of the delinquency so indicated shall be received as a cause of justification: and, for the making of such proof, the testimony of that same individual on whom the delinquency is charged may be extracted in the same manner as that of any other person.
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