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.