1822 Sept. 23 Tripoli Securities against Misrule ?.6. Secret Banishment

?6. V. Security against injurious banishment

Injurious banishment is where without or otherwise than according to lawful

sentence of a judicatory a subject of the State is, to his vexation, by force,

unlawful intimidation /commination/ or fraud /deceit/, sent or kept out of the

territory of the State or any part thereof.

If out of the whole territory of the State, the banishment is external; if out

of this or that particular part, internal.

The intimidation /commination/ is unlawful, if the means employed be a threat of

vexation by unlawful means, or even of lawful prosecution for other cause than

injury done to the individual by whom the menacing /comminatory/ intimation is

conveyed or to some other individual on whose behalf he is entitled to

prosecute. Quere whether to insert this?

Of every sentence of banishment, external or internal, pronounced by a

subordinate Judicatory notice shall, by the earliest opportunity be sent to the

office of the Head Judges nor shall the sentence be executed, until confirmed by

his signature: nor then executed, until thirty days after the sentence has been

read in the Chamber of audience.

Every person who knowingly and wilfully has been contributory to the injurious

external banishment of any person shall suffer imprisonment for a length of time

equal to that during which such banishment shall have continued /had place/: and

shall moreover to the extent of his means be compelled to contribute to the

furnishing compensation in a pecuniary shape for the injury.