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 Final Legal Corpus

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Join date : 2010-09-14

PostSubject: Final Legal Corpus   September 15th 2010, 01:25

Quote :
Book 1 - Book of Rights

All Citizens of Galloway are entitled to the following rights:
i) Right to free speech
ii) Right to worship freely in their chosen religion
iii) Right to bear arms
iv) Right to appeal the actions of their mayor to the Count.
v) Right to petition to the government
vi) Right to assemble lawfully
vii) All citizens of the County accused of a crime have the right to a fair and free trial, represented by counsel. Citizens also have the right to an appeal to The King

Book 2 - Common laws

I. The Principal
i) Any law or decree proclaimed by the King of Scotland applies to the County of Galloway
ii) The laws are not retroactive
iii) Any enacted law or decree will come into effect the next day (meaning the reset following) after they are published, unless the Council should decide a different day for a law or decree to take effect
iv) No one person, regardless of their position or power in the County, is exempt from any of these laws except where specifically stated

II. Duties of the People
i) All citizens of the County have the obligation to know the laws and to conform to them.
ii) All citizens of the County have the duty to help their community by:
a. Paying taxes. Taxes and tax amounts will be reviewed by County Council every 90 days.
b. Serving in the county army if such a need arises.
c. Providing labor in the Drummore goldmine

Book 3 - The Towns

I. The Mayor
i)The Mayor is obligated to take the appropriate oath of office no more then five (5) days after being elected. Failure to do so can result in legal action.
ii) The Mayor has the responsibility of the management and development of the economy and social life of the town. In addition all Mayors are responsible to implement County laws and initiatives.
iii) In the case a Mayor resigns, is found to be damaging the economic and social life of the town, or refuses to cooperate with County laws and initiatives; the Count can appoint a replacement administrator, through a sanctioned revolt if needed, who will have the same rights of an elected Mayor, and administer the town till the next mayoral elections
iv) The mayor can file and prosecute a case in the County Court in the name of the town.
v) The mayor has legislative power over the town. He can make municipal decrees, with the approval of the Count, that will have the force of laws until the end of their term as Mayor.
vi) The mayor has the right to collect taxes on fields and shops. The delay of the payment is 7 days.

II. The Citizens
i) Citizens are held responsible to both their towns and county.
ii) The Citizens of a town have the right to oppose a municipal decree if they feel that the decree is contradictory to existing County or King laws. Citizens may accomplish this by contacting The Count in a public place, where it will be determined legal or null by the Count

Quote :
III. The Capital
i) Council will maintain at least one Marshal in Dumfries at all times
ii) Dumfries will receive a discount of 150.00 off their taxes, every 15 days, to allow them to save money to hire daily militia.

Book 4 - The County Council

I. Council Procedure
A. Voting in the County Council
i) All votes will be held in the Private Forums
-a) Non-emergency votes will last a minimum of 3 days or until quorum is reached.
-b) All votes will be started by the Count or Lord/Lady Protector.
-c) Votes will be counted by a record vote of AYE, NAY, or ABSTAIN. Votes that are ABSTAIN will count to the quorum but will not effect the AYE/NAY vote.
-d) The Count will not vote until the last day of the poll, in case the Count's vote is needed as a tiebreaker.
-d) A vote will be considered passed when a quorum is reached and the majority of votes is recorded for either AYE or NAY. If half or more of all votes cast are ABSTAIN, then the vote will be deemed inconclusive and returned to discussion.

ii)Emergency Votes
-a) Emergency votes shall only be used for time sensitive issues which require immediate action; where a delay in voting could cause upset to the safety, security, or functioning of the county
-b) The Count or Lord Protector can call an emergency vote
-c) Emergency votes will last no longer than 24/48 hours or until a simple majority vote is received with either the Count of Lord Protector having voted as well.(i.e. 6Aye, 1 Nay/Abstain)
-d) The Count, Lord Protector, or Spokesperson will notify all members of Council to inform them of the Emergency Vote.

iii) Quorum
-a) Quorum is determined by half plus one of the amount of Councilors currently ALIVE in the Kingdom and serving on Council.
-b) If there are an ODD number of eligible votes at the start of the vote, a simple majority of the votes cast rules
-c) If there are an EVEN number of eligible votes at the start of the vote and the vote ends in a tie, the Count's vote is used as tiebreaker. The Count MAY NOT abstain.

iv) Reporting votes
- a) All votes are to be reported in Galloway Inn and include :
- The vote and result
- Councilor's Name
- Councilor's Vote

B. Council Security
i) All information given in the private council room forum is private. The only persons that can get information out are the Burgh Commissioner, Lord/Lady Protector, and the Spokesperson, or any other council member that receives authorization to do so by the Burgh Commissioner. Any councilor that violates this article will be charge with treason against Galloway.

C. Discussion Procedures
i. Discussions in the County Council will be managed with an agenda organized by the Count, Lord Protector,and/or Spokesperson for the county.
a. The Agenda will be posted in the Public Forum.
b. Any member of Council can add a topic to the Awaiting Discussion list
c. The Count organizes topics according to his/her own judgment.

ii. All discussions should be started in the Public Chambers by the Count, Lord Protector, Spokesperson, or the councilor requesting the discussion; except the following, which should be started in private chambers:
a. All war/security discussions
b. Any councilor can start a thread in the private chambers.
c. Private discussions will be moved or summarized in the public forum after their conclusion.

II. Ministers of Council
A. The Count (Also considered the Duke)
i) The Count protects the County and the Council of the county, appoints and revokes ministers that act in his name, and controls the rectification of the laws
ii) The Count is the leader of the County Council and is the highest authority of the County
iii) The Count is the only one able to give high justice.
iv) The Count's actions will always be for the protection of the people and the goods of the County
v) The Count's authority is irrevocable and it is assigned by the Council by a majority vote.
vi) The Count has the sole power to modify or remove a law from the law books of Galloway, after a council vote on the issue/law
vii) The Count can issue decrees that will be applicable as laws for a temporary period of time. The decrees must be announced to Mayors by the Spokesperson, and should be posted by each mayor in the Town Hall.
viii) It is the Count's responsibility to ensure dedication and effort from the ministers of council.
ix) The Count will publicize a weekly report, including County statistics, in the halls of government.

B. The Lord Protector
i) The Lord Protector is selected by the Count.
ii) The Lord Protector is the second highest authority of the County.
iii) In case the Count is ill and/or incapacitated of doing his duties, the Lord Protector temporarily obtains the Count's authority and duties until the Count is capable again to take back is duties and authority.

C. The Sheriff
i) The Sheriff manages the breeding of livestock, is in overall charge of administration of the mines, manages civil servants, and is in charge of issuing money grants from the County funds
ii) The Sheriff will publicize a daily report of the County statistics in the halls of government.

D. The Trade Minister
i) The Trade Minister is in charge of overall trade in the County. He controls the County Fair and the flow of goods in the county.
ii) The Trade Minister will publicize a weekly report of County statistics, including, but not limited to: Net Worth, Cash Debt, and Inventory

E. The Judge
i) The Judge is the enforcer of justice and the law in the County, under the Count.
ii) The Judge must adhere to the Judge's Charter in the King's Edict, and know the Judge's Charter before taking on the role.
iii) The Judge will decide fairly on all trials, according to the Rights of the Citizens of Galloway and Scotland.
iv) Upon the giving of a guilty verdict, the Judge will acknowledge the accused their right to appeal the case to the King or the King's Men.
v) The Judge will keep a record of trials and verdicts in the Halls of Government.
vi) The Judge will publicize a weekly report in the halls of government.

F. The Public Prosecutor
i) The Public Prosecutor is the servant of the people of Galloway, and the arm of the law.
ii) It is the Public Prosecutor's duty to bring to justice, the breaking of laws within the borders of the County.
iii) The Public Prosecutor is to prosecute to the best of their ability in the cases presented by the citizens.
iv) It is the Public Prosecutor's duty to ensure a case is breaking the law, before officially filing the charges.
v) The Public Prosecutor will publicize a weekly report in the halls of government.

G. The Captain
i) The Captain leads the County army, in accordance with the Galloway Army Charter.
ii) The Captain may request funding for the County Army with approval from the Count to the Sergeant
iii) The Captain will publicize a weekly report in the halls of government.

H. The Sergeant
i) The Sergeant is in charge of the finances of the military and Constable forces
ii) The Sergeant can allocate, or revoke the money allocated, to the Constable instantaneously and is always aware of the balance of the Constable's funds
iii) The Sergeant will publicize a weekly report in the halls of government.

I. The Constable
i) The Constable organizes the defense of the towns by recruiting Chief Marshals.
ii) The recruitment of the Chief Marshals is made in a confidential way, directly with the person concerned
iii) The Constable determines the amount of the wages, and pays them out; This payment will be made only once, at any time that the Constable chooses.
iv) The Constable will determine the number and stats of the needed Marshals; Hired out directly by the Chief Marshals.
v) The Constable forces, act as the police force of the county, and can apprehend possible criminals to be charged
vi) The Constable will publicize a weekly report in the halls of government.

J. The Mine Superintendent
i) The Mine Superintendent is in charge of reporting the statistics of the mines, at the time of them being most full (Right before reset)
ii) The Mine Superintendent, under the Sheriff, can maintain and provide the upkeep of the mines in the County
iii) The Mine Superintendent must inform the Count and council of the statistics of the mines via daily reporting.

K. The Spokesperson
i) The Spokesperson is the primary public voice of the Council. He announces the decisions of the Count and the Council to the populous of the County.
ii) The Spokesperson is required to make a Council report every week in the Galloway Inn. The report will include all other Councilors reports, as well as voting outcomes, the public agenda and any other reports he may choose to include.
iii) The Spokesperson is the only one able to speak about Council matters, under the Count and Lord Protector
iv) It is the Spokesperson's duty to be a representative from the Count, to the King and Administrators of the King on the tasks of Announcing prestige boosts and changes to the laws

L. The Rector
i) The Rector is appointed by the Duke from a slate of three (3) nominees put forward by the students of the University. The Rector derives his or her power over education matters from the Count's authority.
ii) The Rector's power is the extension of the Count's power. The Rector acts as the education arm of the Count. The Rector shall work with the Council but is not subject to the Council.
iii) The Rector shall be responsible for the education of the Count's subjects, insuring the smooth running operations of the University; maintaining and updating education resource materials and maintaining academic neutrality. The Rector has the right to select instructors and create class schedules. They shall insure that all Ways and Instructors have equal access to learning and employment. They shall make public the standards and expectations for employment. They shall post publicly the methodology by which classes and instructors are chosen. They have the right to remove instructors for cause.
iv) The Rector shall publicly report to the Burgh Commissioner, monthly, a formal State of The University report.
v) The State of the University report shall include but not be limited to the listing of number and type of Seminars, number and type of visiting instructors, acquisitions of new books and any other relevant information.
vi) The Rector can be removed for cause if they fail to insure that the education needs of the county are not met. They have the right to a public hearing the charges, the right to submit evidence in their defense, the right to call witnesses to defend their academic credibility.

M. The Chancellor
i) The Chancellor is selected by a vote in Council, between three (3) candidates brought forward by the Count.
ii). The Chancellor can only be removed by a motion of distrust brought forth by a member of Council. This motion must be supported by solid evidence and voted upon by Council.
iii) The Chancellor runs the Embassy in accordance with the Embassy Charter.
iv). The Chancellor is required to make monthly reports in the halls of government in regards to the status of the Embassy.

N. Harbor Masters
i) Harbor Masters are appointed by the Mines Superintendent, with the approval of the Count. The Mayor of the town in which the Harbor Master is being selected can present up to three (3) candidates to the Mines Super for consideration.
ii). Harbor Masters found not to be performing the function of their office dutifully can be removed at will by the Town Mayor, Mines Superintendent or Count.
iii). The Harbor Master is responsible for overseeing the county's ports. Including: Managing ships entering the harbor, arranging for repairs, and overseeing port upgrades.
iv) The Harbor Master is required to submit a weekly summary of activities in the Security Chambers.

O. Clan Representatives
i) Each Clan that submits a roster, proving ten (10) or more of their kin are living in Galloway are entitled to a representative on County Council.
ii). Clan Representatives have full access and rights to participate in both private and public discussions in Council.
iii). Clan Representatives are not, however, entitled to a vote on Council issues.
iv) A Clan Representative can be removed from Council Chambers if there is clear evidence that they are being disruptive to the running of the County. Clans can then submit a new individual to fill the vacated spot.

Book 5 - Penal Code

I. Crime

A.Crimes Against the Individual
i)Slander: An attempt to verbally attack an individuals character or credibility without proof (screenshot). Recommended punishment includes: Public Apology, Public Duel, Light Fine.
ii)Robbery: A robbery is defined as any action, the goal of which is to steal the goods of someone else. This is a Light crime. A violent robbery is defined as any action, the goal of which is to steal the goods of someone else through the use of violence. Recommended punishment includes: Public Duel, Light Fine, Medium Fine, Heavy Fine.
iii)Assault: Physically harming an individual or the attempt to do so (Failed robbery along the roads). Recommended punishment includes: Public Apology, Public Duel.
vi)Embezzlement: Mayor or Harbormaster using their offices to willfully and knowingly steal money from citizens. Recommended punishment includes: Heavy Fine, Heavy Jail, Removal, Exile.

B. Crimes Against the County
i)False Witness: An act of providing false testimony against an individual in a court case. Recommended punishment includes: Public Apology, Public Duel, Light Fine.
ii)Obstruction of Justice: Defined as the act of concealing, hiding, or aiding any person who has broken a law or decree of the County of Galloway, or withholding knowledge and/or evidence of a crime that has taken place. Recommended punishment includes: Public Apology, Medium Fine, Light Jail.
iii)Neglect of Duty: Failure of any elected or appointed official to perform their duty as described be it due to inattentiveness or refusal. Recommended punishment includes: Public Apology, Removal.
iv)Abuse of Power: An act of abuse of power is defined as the use of public position beyond normal duties to earn political or personal gain for himself or an accomplice. Abuse of Power also covers offenses by County Council members who publicly release information from the Private Chambers of County Council. This law does not apply to the Burgh Commissioner, the Lord/Lady Protector, the Spokesperson, or anyone other Council Member with the written consent of the Burgh Commissioner. Recommended punishment includes: Public Apology, Medium Fine, Removal.
v)Revolt: An attempt by an individual or a group of individuals to overthrow a rightfully elected Mayor. This law does not apply to those serving in armies. Recommended punishment includes: Public Apology, Medium Fine, Light Jail, Removal.
vi)Rebellion: An attempt by an individual or group of individuals to overthrow a rightfully elected County Council. This law does not apply to those serving in armies. Recommended punishment includes: Public Apology, Heavy Fine, Heavy Jail, Removal, Exile, Death.
vii)Military Rebellion: An attempt by a general of an army to use his army to overthrow a rightfully elected Mayor or sitting County Council. This law does not apply to army generals that get permission from the Burgh Commissioner. Recommended punishment includes: Public Apology, Heavy Fine, Heavy Jail, Removal, Exile, Death.
viii)Treason: An act of treason is defined as any attempt made by a citizen of Galloway against the institution of the County, or any divulging of political, economical or military information, with the intent to weaken the County of Galloway and its institutions as a result of loss of land, social stability, sovereignty, political or economical autonomy. Recommended punishment includes: Public Apology, Heavy Fine, Heavy jail, Removal, Exile, Death.

C. Economic Laws
i)Hoarding: The act of buying more than half of a single type of good on the market in a town, or buying a quantity of goods in order to artificially raise the prices on the market. Recommended punishment includes: Public Apology, Light Fine.
ii)Fleecing: The act of posting a job at lower then the county minimum wage. Recommended punishment includes: Public Apology, Light Fine.
iii)Stinting: The act of posting a job at less then maximum stats. Recommended punishment includes: Public Apology, Light Fine.
iv) Price Violation: The act of posting goods for less then the county minimum price or for higher then the county maximum price. Recommended punishment includes: Public Apology, Light Fine.

II. Categories of Punishment

A. Punishments
i)Public Apology: A formal and public apology by the defendant to the victim
ii)Public Duel: With the consent of both parties, the individuals can participate in a duel (in the arena) or RP (overseen by a member of Council), the loser publicly dropping admitting to being in the wrong.
iii)Light Fine: A fine paid to the county of up to, but not exceeding 30.00
iv)Medium Fine: A fine paid to the county of 31.00 and up to, but not exceeding 100.00
v)Heavy Fine: A fine paid to the county of 101.00 and up to, but not exceeding 500.00.
vi)Light Jail: A jail sentence of 3 days or less.
vii)Heavy Jail: A jail sentence of 4 days or greater.
viii)Removal: Forceful removal of an individual from a public office.
ix)Exile: Banishing of an individual from the confines of the County. Any exiled individual found within the confines of the County are not protected by County Law and all citizens are bound to show them ill will.
x)Death: With the consent of the Defendant, there will be a public execution. This will be accompanied by paying the King to strike their name from the records (an IG name change).

III. Judicial Process
A. Process
i) Complaints and evidence are either collected by the Constabulary Force or sent directly to the Public Prosecutor by the plaintiff.
ii) The case is filed by the Public Prosecutor after studying the case.
iii) Further investigation can be conducted by the Constabulary Force on demand by the Public Prosecutor.
iv) The official trial starts when the case is filed and passed along to the Judge.
v) The trial is administered; The trial is public and is held at the County Court
vi) Judgment is passed
vii) Sentence is given, if deemed fit by the Judge and/or Count of the County
vii) 30 Day Speedy Trial Rule: A defendant is entitled to a speedy trial. A trial must be completed, with a decision handed down by the judge within 30 days of the first day on which the charges are officially filed in the County Court by the Public Prosecutor. If the decision by the Judge has not been handed down within that timeframe, the Judge shall dismiss the case with prejudice.

B. Judicial Clauses
[i]i) Each criminal declared guilty and convicted by the Judge will receive a sentence as laid out in 5.I.
ii) A repeat offense will face a higher degree of sentencing
iii) Confession of a crime can (but does not necessarily) lower the degree of the sentence
iv) The participation or the complicity in a crime exposes the concerned individual to be prosecuted under complicity in a crime. Accomplices in a crime, if convicted, can be sentenced to a lower degree of sentence than the originally accused
v) High Justice governs trials that will have a sentence of capital punishment or exile. Only the Count can give this sentence. The Judge issues the sentence on the Count's behalf
vi) Any crime committed in the County is subject to the laws of the County
vii) Any person under trial is considered innocent until the sentence is given. During the trial, the person must make himself available and respond to the demands of the judicial system
viii) Whosoever is accused of a crime in the County of Galloway, shall have the right to a Defense Counsel. This Defense Counsel shall have access to evidence under the right to disclosure, and shall provide mitigating evidence, testimony, witnesses, and may argue points of law regarding only the accused's criminal charges
ix) Testimony from witnesses are admissible in court. Witnesses must swear to state the truth only

C. Statute of Limitations
i) The Public Prosecutor must file charges within 30 days of the alleged crime. When a crime has been committed over an ongoing period, charges must be filed within 30 days of the last day that the alleged crime took place.
ii) Statute of limitations may be equitably tolled. (For example, if the defendant was inside an army avoiding prosecution, the Judge will be able to extend the Statute of Limitations on a case by case basis.)
iii) Determining whether a Statute of Limitations may be tolled is a question of law to be made by the County Court Judge. Should the position of Judge become vacant through resignation, leave of absence, or abuse of power by the Judge, then the Statute of Limitations may be tolled by the highest incumbent and actively serving legal authority in the County at the time, namely the Duke or Lord Protector. Each case to be decided independently.
iv) The lapse (expiration) of the Statute of Limitations may be raised as an affirmative defense by the defendant.
v) Should the defense claim the lapse of the Statute of Limitations as a defense, the County Court Judge shall rule on the validity of the claim. An appeal may be to the Chief Justice.
vi) If the Court rules that the Statute of Limitations has lapsed (expired) and there are no grounds to toll the statute, the charges shall be forthwith dismissed with prejudice.
vii) The County Judge must also uphold the 'Speedy Trial Rule' stated in 6.III.A.vii.
viii) The Public Prosecutor may request up to an additional 10 days to prepare a case under certain circumstances. These circumstances would include particularly complex cases where evidence gathering is more difficult, or where there are multiple defendents. This clause must be ruled upon at the Judge's discretion on an individual basis and as necessary, and according to established common law precedents.

IV. The MacGregor Penal Colony
A. Sentencing Requirements
i) The Camp MacGregor Penal Colony is an alternative punishment available to Judges of Galloway, not an additional one
ii) Any Defendant found Guilty in a Galloway Court of Law must have a monetary amount of 15p or more in hand at the time of sentencing to qualify for imprisonment in the Penal Colony.
iii) Alternatively, should a Guilty Defendant fail to have the monetary amount specified in (6.IV.A.ii), provided they posses sufficient food to survive the length of their sentence plus one further day they also qualify for imprisonment in the Penal Colony.
iv) The Judge must receive proof of the food held by the Guilty Defendant before the sentence commences in order to ensure a Prisoner will survive the term of imprisonment in accordance with the King's Law
v) Judges of Galloway who sentence a defendant to imprisonment in the MacGregor Penal Colony may issue sentences up to, but not in excess of 30 days in lieu of any other sentence

B. Procedure
i) Upon a Guilty verdict the Defendant will receive a Prison Number to eternally show their shame.Records to be kept in the Galloway Inn for all time.
ii) Prison Numbers issued will be kept in a roster by a representative of Galloway Council in perpetuity.
iii) Upon a Guilty verdict the Prisoner is to directly travel to the Penal Colony without pause or diversion.Travel time to the Penal Colony is not considered part of the sentence.
iv) Each day of the sentence the Prisoner is required to work in the mines, receiving the standard mine wage alongside non-convict workers.
v) The Prisoner is required to purchase 1 loaf of bread or 2 corn daily each day of the sentence from the Mayor of Drummore at a price equal to but not above the mine wage received.
vi) The Mayor is to report daily upon request to a representative of Galloway Council confirming all Prisoners have performed the actions stated in (6.IV.B.v)
vii) The Prisoner is to daily provide on request evidence to a representative of Galloway Council confirming they worked in the mines.

C. Failure to Report to the Colony/Escapees
i) Escapists and/or failing to report to the Penal Colony will cause the individual to be subject to field execution by the Galloway Army no matter where they run to, or additional charges to be pressed, along with the charges pressed causing the individual to be entered into the Penal Colony
ii) Failure to take a direct route to the Penal Colony upon sentencing without pause, is considered as failing to report to the Colony
iii) Failure to perform the daily work required by the Judge's sentence, is considered failing to report to the Colony
vi) Failure to purchase the items named in (6.IV.B.v), is considered failing to report to the Colony
vii) Any attempt to leave the Penal Colony or the town of Drummore before the sentence is complete, is considered escaping the Colony

Book 6 - Amendments

A. Amendments
i)A proposal becomes a law only after it receives the Count's ratification
ii) The Council examines law proposals proposed by any Council member, and after discussion, submits the proposal to the Duke to be put to vote
iii) A petition of 20 names may bring forth a discussion to amend a law or laws within this document, by the Council
iv) No new law can be made, removed or amended for ten (10) full days after a new county council election or a successful revolt on the county council.

Last edited by Lance on October 8th 2010, 17:07; edited 1 time in total
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PostSubject: Re: Final Legal Corpus   September 27th 2010, 19:03

This is the current working document of all the law revisions we want. It's mostly just books 4 & 5 . . . just describing Councilor duties and then the entire section on crime and punishment.
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PostSubject: Re: Final Legal Corpus   October 4th 2010, 16:06

I haven't heard much more from anyone on this. I'm going to re-add the section about Dumfries. Or maybe just cut it and just do away with taxing Dumfries. Other then that were there any other glaring points people were uncomfortable with?
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