Revision of Book I of Legal Corpus of Somerset

Original article:

Quote :

Article 1.1.1. : Any law proclaimed by the King or Regent of England applies to the Duchy of Somerset.
i. The royal laws prevail over Duchy laws if they are in contradictory.

By

Quote :

Article 1.1.1. : Any law proclaimed by the King of England applies to the Duchy of Somerset.
i. The duchy laws prevail over national laws if they are in contradictory.

Addition of this article:

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Art. 1.2.3.: The Lord Protector, is the second highest authority of the duchy. In case the duke is ill and incapacitated of doing is duties. The Lord Protector gets the Duke authority and a duty until the duke is capable again to take back is duties and authority.

The Lord Protector is elected with simple majority by the county council each beginning term.

Original article:

Quote :

Art. 1.3.4. : The Duke can issue decrees that will be applicable as laws for a temporary period of time. The decrees must be transmitted to mayors by the Spokesperson, and should be posted by each mayor in the Town Hall.

Change for that:

Quote :

Art. 1.3.4. : The Duke can issue decrees that will be applicable as laws for a temporary period of time after a council vote on the same . The decrees must be transmitted to mayors by the Spokesperson, and should be posted by each mayor in the Town Hall.

New article:

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Art.1.4.5. Any noble of rank of baron or higher can ask on the start of is trial to be judge by peer.

When the demand is made to the Public Procurer has to make the demand to the House of Lords. The case already started on county level will be dismissing. And a new one will be started after the sentence by HOL is giving. That case will be only to make the sentence by execute and is not and other chance of trial.

In overall the book will look like that:

Quote :

001 Book 1 - The Constitution
Legal corpus of Somerset Duchy

Book I – The constitution

Article 1 – The principle.

Article 1.1.1. : Any law proclaimed by the King of England applies to the Duchy of Somerset.
i. The duchy laws prevail over national laws if they are in contradictory.

Art. 1.1.2. : The laws are not retroactive.

Art. 1.1.3. : The laws and decrees will apply from the next day after they are published or the date the Council decides they take effect.


Article 2 –The County Council.

Art. 1.2.1. : The Duke, the leader of the County Council, is the highest authority of the Duchy.

Art. 1.2.2. : The Duke is the protector of the Duchy, of its laws and of its citizens. His actions will always be for the protection of the people and the goods of the Duchy.

Art. 1.2.3.: The Lord Protector, is the second highest authority of the duchy. In case the duke is ill and incapacitated of doing is duties. The Lord Protector gets the Duke authority and a duty until the duke is capable again to take back is duties and authority.

The Lord Protector is elected with simple majority by the county council each beginning term.

Art. 1.2.4. : The Council is assigned for a term of 2 months, by the citizens of the Duchy with the help of a prepositional election. Between the 12 members of the Council, 10 will be chosen as ministers for various County positions and one of them will become the Duke.
i. The Duke rules the Duchy. He appoints and revokes ministers that act in his name. He controls the rectification of the laws and he is the only one able to give high justice.
ii. The Sheriff manages the breeding of livestock, is in overall charge of administration of the mines, and in charge of issuing money grants from the County funds. The Sheriff can also allocate funds to the Sergeant for purposes of the Army and Constabulary forces of the Duchy
iii. The Mines Superintendent manages the maintenance of the mines of the Duchy.
iv. The Trade minister is in charge of overall trade in the Duchy. He controls the County fair and the productions of the County.
v. The sergeant is the manager of the armed forces. He can buy and sell weapons, can also issue grants (useful for the armies). It is the Sergeant who allocates money to Constable. He can allocate or take back the money allocated to the Constable instantaneously. He is also always aware of the balance of the Constable’s funds.
vi. The Constable organizes the defence of the towns by recruiting marshals.
The recruitment of the "marshals chiefs" is made in a confidential way, directly with the person concerned. The Constable determines the number and the stats needs for the to-be-hired marshals The Constable determines the amount of the wages, and pays them. This payment will be made only once, at any time that the Constable chooses.
vii. The Captain leads the Duchy army.
viii. The Public Prosecutor files cases and manages the prosecution of cases in the County Court.
ix. The Judge administers justice in conformity to the laws of the Duchy.
x. The Spokesperson transmits the decision of the Duke and the Council to the people and mayors.
XI Counsellor with no position can be assigned to other duties by the duke. Example of other duties are chancellor, rector, or any position a duke can give.

Art. 1.2.5.: The Duke’s authority is irrevocable and it is assigned by the Council by a majority vote. The Duke can resign on his volition.

Art. 1.2.6.: The rights and status of the Constable are:
i. The Constable get his power from the Duke’s authority. By order, the Duke nominates a Constable. The Constable’s power is the extension of the Duke’s power. The Constable acts as the civil arms of the Duke.
ii. By this order the Constable receives authority over the county police. That means the right to restrain the liberty of a person, and the duty of protection of the people and institutions, to inform and represent the Duchy. .
iii. The power of the Constable can be extended by the Public Prosecutor and the Judge.
iv. The procedures of the Constable’s office is described in the Constable code.

Art. 1.2.7.: The Public Prosecutor is able to prosecute cases in the County court in the name of the Duchy.

Art. 1.2.8. : the Sergeant allocates money to Constable. He can allocate or take back the money allocated to the Constable instantaneously.

Article 3 – The legislative power of the Duchy.

Art. 1.3.1. : A proposal becomes a law only after it receives the Duke’s ratification.

Art. 1.3.2. : The Council examines the law proposal proposed by any council member, and after discussion, submits the proposal to the Duke to be put to vote.

Art. 1.3.3. : The Duke has the sole power to modify or remove a law from the legal corpus of Somerset after a council vote on the same

Art. 1.3.4. : The Duke can issue decrees that will be applicable as laws for a temporary period of time after a council vote on the same . The decrees must be transmitted to mayors by the Spokesperson, and should be posted by each mayor in the Town Hall.


Article 4 – The judicial power of the Duchy.

Art. 1.4.1. : Justice has three levels: High, Moderate and Low.

Art. 1.4.2. : High justice governs trials that will have a sentence of capital punishment or exile. Only the Duke can give this sentence. The Judge issues the sentence on the Duke’s behalf

Art. 1.4.3. : The moderate and low levels of justice are solely administered by the Judge in the name of the Duke. These constitute the majority of criminal cases.

Art. 1.4.4. : Any crime committed in the Duchy is subject to the laws of the Duchy.

Art.1.4.5. Any noble of rank of baron or higher can ask on the start of is trial to be judge by peer.

When the demand is made to the Public Procurer has to make the demand to the House of Lords. The case already started on county level will be dismissing. And a new one will be started after the sentence by HOL is giving. That case will be only to make the sentence by execute and is not and other chance of trial.

Art. 1.4.6. : Any person under trial is considered innocent until the sentence is given. During the trial, the person must make himself or herself available and respond to the demands of the judicial system.

Art. 1.4.7. : Value of proof, by decreasing order of its force:
i. The highest form of proof is a contract or a written agreement. An official contract signed by two or more parties needs the approval of the council. A written agreement is a document signed by two or more parties and published in public. Any written proof has higher precedence than any spoken agreement.
ii. The confession: The person confesses the crime and is subject to judicial consequences.
iii. The testimony: A person who witnesses a crime and declares to the authorities the crime they witnessed, can provide a testimony in Court..


Art. 1.4.8. : The judicial process follow a sequential procedure:
i. Complaints and evidence are either collected by the constabulary force or send directly to the Public Prosecutor by the complainant.
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 transmitted to the Judge.
v. Trial
vi. Sentence is given.

Art. 1.4.9. : The trial is public and is held at the County court or in the forums if required before the Judicial Bench of Somerset.

Art. 1.4.10. : Whosoever is accused of a crime in the County of Somerset, shall have the right to a Defence Counsel. This Defence 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.

Art. 1.4.11. : Testimony from witnesses are admissible in court. Witnesses must swear to state the truth only.

Art. 1.4.12. : A condemned person can appeal to the Duke to adjudicate regarding the sentence, in case of :
i. Capital sentence
ii. Exile
iii. Jail time over 10 days.


Article 5 – People rights.

Art. 1.5.1. : All citizens of the Duchy must swear their fidelity and loyalty to the Duchy and serve the Duchy.

Art. 1.5.2. : All citizens of the Duchy have the obligation to know the laws and to conform to them.

Art. 1.5.3. : All citizens of the Duchy can avail of the rights that the laws give to them ::
i. Right to work.
ii. To buy land as long they have paid the required price.
iii. To vote if they have paid the 90p tax required to the Duchy.
iv. To join any professional guild, politic party, spiritual or cultural groups under the limit of the laws.

Art. 1.5.4. : All citizens of the Duchy have the duty to help their community by paying taxes when required, and serve in the county army if such a need arises.

Art. 1.5.5. : No one can attack the reputation of a citizen of the Duchy by making false accusation.

Art. 1.5.6. : Any citizen can complain of a crime committed against them.

Art. 1.5.7. : The noble titles and official positions are protected by law. To use a title or a position without been authorized to do so is a crime. The titles and official positions are the ones recognized by the Kingdom or recognized by the Duchy.

Article 6 –Right of groups.

Art. 1.6.1. : The citizens of the Duchy can associate with an order, guild or corporation or other groups of political, cultural, or economic nature as long as their association to such group respect the laws.

Art. 1.6.2. : The groups from article 1.6.1 can ask the Duchy Council for recognition and get privileges and rights for their members. A decree by the Duke sanctions this recognition and defines their right and duty to the Duchy.

Art. 1.6.3. : Religious groups can be recognized by the highest ranking member of the church of the Duchy.

Art. 1.6.4. : Any commercial group can be recognized by the Duchy Council after the Trade Minister studies their case for recognition.

Art. 1.6.5. : Knighthood orders are to be recognized by the King of England, the Regent or the Duke.

Art. 1.6.6. : No military organization or group of combative nature is allowed to move or recruit in the Duchy of Somerset without the approbation of the Duchy Council. The approbation is limited in time and can be revoked at any time by the Duchy Council without warning.

Art. 1.6.7. : Any person or groups that break the previous laws will be subject to trial under public disorder.


Article 7 –Trading.

Art. 1.7.1. : All citizens of the Duchy are free to trade on the markets.

Art. 1.7.3. : The liberty of trading available to the citizens of the Duchy must not put in danger the economical development of the Duchy or cause social disorder.

Art. 1.7.4. : The price of goods can be set by the seller under the provision of Article II.3.2, pertaining to the codex of fraud crimes.

Art. 1.7.5. : In case of shortage or war, the mayor can fix the maximum price of some goods that are essential or strategic on the town’s markets after the approbation of the trade minister.

Art. 1.7.6. : In case of shortage or war, the Duchy Council can fix the maximum price of goods that are essential or strategic in all or a certain part of the Duchy.

Art. 1.7.7. : The liberty of work from the article 1.5.3 cannot be limited by a municipal decision to restrain access to the mines. Only the Duchy Council through the sheriff can refuse access to this resource.

Article 8 –Town.

Art. 1.8.1. : The citizens of the Duchy are also citizens of a specific town of the Duchy. The towns constitute the primary political unit of the kingdom.

Art. 1.8.2. : Each town is governed by a mayor elected by a simple majority vote of the citizens of the town. In case of a tied vote the older candidate shall win.

Art. 1.8.3. : The mayor has the responsibility of the management and development of the economy and social life of the town.

Art. 1.8.4. : In the case a mayor resigns or is unable to administer the office of mayor properly, the Duchy Council 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

Art. 1.8.5. : The mayor shall ensure that the laws of the Duchy and Ducal decrees are followed in the town.

Art. 1.8.6. : The mayor can file and prosecute a case in the County court in the name of the town.

Art. 1.8.7. : The mayor has legislative power over the town. He can make municipal decrees that will have the force of laws for a limited time as long as such decrees don’t contradict Duchy and king laws and they receive the approbation of the Duchy Council. This approbation is given when the Duke ratifies it.

Art. 1.8.8. : Citizens of the town have the right to oppose a municipal decree if they feel that the decree is contradictory to existing Duchy or King laws.

Art. 1.8.8. : The Duchy councilors have the same right mentioned in article 1.8.8 but don’t need to live in the same town.

Art. 1.8.10. : The mayor has the right to collect taxes on fields and shops. They can only levy taxes every 15 days. The delay of the payment is 7 days. If someone doesn’t pay his or her tax, it will be prosecutable as a crime.

Article 9 – Official Language

Art 1.9.1. : The official language of the Kingdom of England is English. All other languages are prohibited in public places, unless an adequate translation is provided simultaneously.

Art 1.9.2.: Whoever is seen/heard speaking a language other than English in a public place without providing a simultaneous adequate translation, will be given a warning by or on behalf of the Public Prosecutor, by in-game mail or PM. If the person warned does not provide translations of the foreign language uttered by him and/or continues to speak the foreign language after the warning, charges will be brought against them under public disorder.

Art. 1.9.3.: In the application of this Law, "public places" are defined as:

- Town Halls (both in-game and forum);
- the County Castle (in-game);
- the County Law Court (in-game);
- the Somerset Inn (forum).

Feel free to post comment, suggestion, modification or better english

Ok I like your provision putting county laws above conflicting National Laws

Ok to reply to Allikath

For the lord protector I don'T see why abuse or conflict. Is to prevent one if the duke is out of business.

More conflict will occur if no one is there in case the duke is incapable of loggin. just the fight to determine who will lead the council.

For the ducal decree is not only for emergency can be a decree about a temporary measure. is the same has right now only now a duke cannot create one with out the support of the council.

Just an example will a decrees about a special loan limited in time or other thing like that.

For the noble.

By saying ranked higher then Baron it's automatically apply to COH title since IG noble is lordship and lower then baron

Also baron and higher and only coming from nomination well execpt for the older one but still, and also is the one that have access to HOL 6that why I put that limitation

Edited for English only.

Quote :

Art.1.4.5. Any member of the House of Lords can, at the inception of their trial, request a trial by their peers.

When the request is made to the Public Prosecutor, that person must make the demand to the House of Lords. The case already started on county level will be dismissed, and a new one will be started with the HoL panel. That case will be only to make the sentence by execute and is not and other chance of trial.

The green is, I think, what Hypno has in mind. I'm not quite sure, though, what his intent is with that last sentence, so i didn't touch it

EDIT: This was posted by Chardonnay, I don't know why the board thought I was Hypno!!!

Quote :

Ok to reply to Allikath

For the lord protector I don'T see why abuse or conflict. Is to prevent one if the duke is out of business.

There it is right above this post and behind your own.

I had already seen hints of problems even before you made the proposal.

Because you simply click edit chardy

You don'T post you edit my original post

Ah, I meant to hit 'quote' and missed. It's been an off day for me, so i've stayed safely in bed for most of it.

I put this modification into vote IG