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 Somerset Laws as of August 2007

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Allikath
County Councillor
Allikath


Registration date : 2007-02-13

Character sheet
SAS Status: Recruit

Somerset Laws as of August 2007 Empty
PostSubject: Somerset Laws as of August 2007   Somerset Laws as of August 2007 Icon_minitimeSun Aug 05, 2007 9:18 am

001 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 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.

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).


Last edited by Chardonnay on Thu Feb 21, 2008 7:29 am; edited 1 time in total
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Allikath
County Councillor
Allikath


Registration date : 2007-02-13

Character sheet
SAS Status: Recruit

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PostSubject: Re: Somerset Laws as of August 2007   Somerset Laws as of August 2007 Icon_minitimeSun Aug 05, 2007 9:19 am

002 Book II – Penal code
Book II – Penal code.

Article 1 - Crimes.

Art. 2.1.1.: Each criminal convicted by the Judge will receive a sentence. This sentence is proportional to the crime that has been committed.

Art. 2.1.2. : The various sentences of Somerset Duchy are :
i. Public apology in the appropriate Town hall or the Duchy hall.
ii. Fine
iii. Jail time; for a light sentence, jail time is less than or equal to 3 days.
iv. Jail time; for a heavy sentence, jail time is greater than or equal to 3 days.
v. Exile
vi. Capital sentence by hanging, decapitation, burning. Nobles cannot be hanged.

Art. 2.1.3. : Crimes are divided in four categories : Light crime, moderate crime, serious crime, infamous crime.
i. Light crimes have a sentence of degree i to ii (Article. II.1.2)
ii. Moderate crimes have a sentence of degree ii to iii (Article. II.1.2)
iii. Serious crimes have a sentence of degree ii to v (Article. II.1.2)
iv. Infamous crimes have a sentence of degree ii to vi (Article. II.1.2)

Art. 2.1.4. : A repeat offense will face a higher degree of sentencing.

Art. 2.1.5. : Confession of a crime can lower the degree of the sentence.

Art. 2.1.6. : 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.


Article 2 – Attack on the rights of the people.

Art. 2.2.1. : An act of defamation is defined as any form of written or verbal communication that attacks the personal or professional honour of any citizen of the Duchy.
The act of defamation is a light crime and the sentence shall be a public apology with a fine of 1 pound to 200 pounds, depending on the consequences of the defamation on the victim. In case the act of defamation is directed towards a noble, civil servant or military officer, or is a repeat offense, the sentence shall be jail time.

For the proposal of this article defamation is definite has defamation is the communication of a statement that makes a false claim, expressly stated or implied to be factual, that may harm the reputation of an individual, business, product, group, government or nation.

Art. 2.2.2. : A robbery is defined as any action, the goal of which is to steal the goods of someone else. This is a moderate 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. This is a serious crime.
Organized robbery is defined as any action of robbery that negates the liberty of movement of the citizens and of goods in the Duchy. This is an infamous crime.
The sentence for this crime are described in Article 2.1.2 and Article 2.1.3

Art. 2.2.3. : Slavery is defined as any attempt to hire someone with an indecent wage. The minimum decent wage is the minimum wage declared by the concerned Town Hall through decrees, otherwise the minimum wage of the Duchy, minimum wage of the duchy is 15 pounds. An exception can be made for helping another citizen, for a religious service act or for a redemption act. The Judge can recognize the a private contract that goes below the minimum wage on the condition that this arrangement was announced to the lieutenant of police of the town in public. Slavery is a light crime, thus the sentence will be a fine at the discretion of the Judge. A repeat offense of slavery will be a moderate crime.

Article 3 – Attack on markets and trade.

Art. 2.3.1. : Abusive fraud is defined as any action that has the goal to create an artificial shortage and to sell goods at a price that exceeds the tolerable social price. The existence of a municipal decree or Duchy decree that states a cap price is a good indication of the tolerable social price. This is a moderate crime, except in case of shortages or war when it becomes a serious crime.

Art. 2.3.2. : Speculation is defined as any action a citizen takes that consists of buying one or more goods and reselling it again at a higher price on the same market. This is a light crime and the sentence is set in Article 2.1.3.

Article 2.3.3. : Economy manipulation is defined as:
- hoarding goods; where an individual or organization attempts to temporarily control all available supplies of a given good in order to artificially increase the price.
- dumping goods on a market;

Dumping definition for this article is an action of importing good that are unwanted by the town and cause harm to the local economy. One goods is enough to be considering dumping. Good way to know if a goods import is considering dumping is to ask the local mayor what goods are needed or not. Other good indication is the natural production of the town.

This is a moderate crime and the sentence is set in Article 2.1.3.

Art. 2.3.4. : The owner of any tavern that collects payment from people for empty meal shall be charged with fraud. Exceptions can be made by decrees. This is a moderate crime and the sentence is set in Article 2.1.3.


Article 4 – Attack on the institution of the Duchy.

Art. 2.4.1. : An act of public disorder is defined as any action that perturb the public order and the peace of the Duchy. Any violation of municipal or Duchy decrees can cause prosecution under public disorder. Public disorder is a light to moderate crime. The sentence associated to this crime is set in Article 2.1.3.

Art. 2.4.2. : An act of rebellion is defined as any action to attack the Town hall or the County Castle or the takeover of these institutions. A rebellion is a serious crime. The sentence is set in Article 2.1.3.

Art. 2.4.3. : An act of treason is defined as any attempt made by a citizen of Somerset against the institution of the Duchy, or any divulgation of political, economical or military information, the goal of which is to weaken the Duchy of Somerset and its institutions as a result of loss of land, social stability, sovereignty, political or economical autonomy. Because of their rank, members of the Duchy council expose themselves to high treason for an act of treason. Treason is a serious crime and high treason is an infamous crime. The sentence associated with this crime is set in Article 2.1.3

Art. 2.4.4. : An act of falsification of proof is defined as the creation of false evidence or modification of actual material evidence for use in a trial and that can affect the result of the trial.
An act of false testimony is defined as the act of stating false information or the omission of information as testimony before the court during a trial.
The falsification of proof and false testimony are light crimes. If these acts are committed to make false accusation, the accuser exposes himself/herself to receive the same degree of sentencing that the accused would have received. The sentences associated with this crime are set in Article 2.1.3

Art. 2.4.5. : An act of abuse of public goods is defined as the use of a public position by a person to make himself/herself or an accomplice richer.
An act of economical nuisance is defined as any speculative act the goal of which is personal economical gain to the detriment of the public economy.
The act of abuse of public goods and act of economical nuisance are serious crimes, and the sentences associated with these crimes are set in Article 2.1.3.

Art. 2.4.6.: An act of abuse of power is defined as the use of public position beyond normal duties to gets political or personal gain for himself/herself or an accomplice. Good example of abuse of power is the use of Town hall message or mayor letters for political publicity.

Art: 2.4.7.: Contempt of Court
If any person present in the Court, be they the Public Prosecutor, the defendant or a witness, offends the Court in one of the ways listed below, the Judge may hold them in contempt. All people held in contempt are to be charged forthwith, and are punishable treason offence. Contempt of the court is a serious crime, and sentence associated with these crimes are set in Article 2.1.3.

Grounds for contempt are:
- speaking a language other than the King's English before the Court;
- insulting the Court;
- showing disrespect towards the Court and its proceedings.

Art: 2.4.8.: Obstruction of Justice
Whosoever shall deliberately hide, conceal or aid any person who has committed a crime under any Law or Decree in effect in the Duchy of Somerset, is punishable with one day's imprisonment. This does not apply to anyone acting in the capacity of the defendant's legal counsel.

Article 5 - Natural Resource
This law applies to merchants and their trading.

Art: 2.5.1.: The law
No visiting merchant may sell a town's natural resource in that town unless the merchant can provide proof that the natural resource that he or she put up on the market was obtained through his or her own personal labour in the same town's orchard, sea or forest, whichever is applicable. This is a moderate crime and the sentence is set in Article 2.1.3.

Art: 2.5.2.: Definition
Natural resource –
Wood, fish and fruit are natural resources. Each town has a specific natural resource depending on whether the town has a forest, sea/lake or orchard.

Visiting merchant -
Someone selling goods in a town that they are not a resident of

Art: 2.5.3.: Exceptions
In the rare case that a town has a shortage of their natural resource, the mayor can declare a temporary decree that states that this law does not apply for a certain period of time. The mayor will also inform the Trade Minister on the county council.

Article 6 – strategic goods

Art: 2.6.1.: Definitions

1. Strategic goods are defined as iron ore ounces and/or steel ounces.
2. A blacksmith is defined as a person who owns a blacksmith's workshop in a town in Somerset.
3. An agent is defined as a person who acts under a grant from a County or Town Hall concerning the trade in any strategic good.

Art. 2.6.2.: Purchase and possession of strategic goods

Strategic goods may only be purchased and held by the County, Town Halls, blacksmiths and agents whose grant provides for trading the strategic good concerned. Agents involved in an export trade between a party within Somerset and a party outside of Somerset, also require the approval of the Duke as provided for in Article 2.6.3.

Art. 2.6.3.: Export of strategic goods

No strategic goods may be exported to Counties and Towns outside of Somerset except with the approval of the Count.

Art. 2.6.4.: Sale of strategic goods

No blacksmith may sell strategic goods, except directly to a Town Hall in Somerset.

Art. 2.6.5.: Punishments

1. Any individual, private or otherwise, violating any provision in this decree is punishable for the

1st offense: 10 pounds per strategic good + 1 day in a mine in Somerset per 5 ores/ounces (rounded up);
2nd offense: 15 pounds per strategic good + 1 day in a mine in Somerset per 4 ores/ounces (rounded up);
3rd and further offenses: 18 pounds per strategic good + 1 day in a mine in Somerset per 3 ores/ounces (rounded up).

2. Any Mayor violating any provision in this decree is also punishable with a 50 pounds fine.

3. Any Sheriff or Trade Minister violating any provision in this decree is also punishable with a 100 pounds fine. The Judge may also recommend that the convict be dismissed from their position.
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Allikath
County Councillor
Allikath


Registration date : 2007-02-13

Character sheet
SAS Status: Recruit

Somerset Laws as of August 2007 Empty
PostSubject: Re: Somerset Laws as of August 2007   Somerset Laws as of August 2007 Icon_minitimeSun Aug 05, 2007 9:21 am

003 Book III – The Procedures
Article 1 – Constable procedure.

Art. 3.1.1.: The police force is in charge of investigating violations of the penal code, to collect proof and to identify the accused. If all the proof is already made public, they make their report to the judicial system (Public prosecutor and judge) which shall proceed with the case.

Art. 3.1.2. : The police force is responsible for verifying the quality and the truth of any proof they will present to the court.

Art. 3.1.3. :The police force:
i.The Constable;
ii. The Police officers called the Lieutenant.
iii. The Police sub-officers call the Corporal.

Art. 3.1.4. : The police force have duties to collect the testimony of the victims of crime and to transmit it, if the case is needed, to the police service or judicial service of the territory where the crime had been committed.

Art. 3.1.5. : The police officers have the duty to inform the public prosecutor of the crimes they know without delay. When the police investigation is finished, they must provide the report and every document related to the case to the public prosecutor. The report must have the name and rank of the police officer in charge of the investigation.

Art. 3.1.6. : The police officers can also listen to any person that can provide information about the case they investigate. They should make reports out of this information they collect.
The person, who might seem that there is no reason to press charges against, can only be restrained for the time of their interrogation.
The police officer can, for the necessity of investigation, put under preventive detention any person that they have reasonable doubt to have committed the crime, and inform the public prosecutor of the fact at the beginning of the detention.
The person under arrest cannot be detained more then necessary. But the detention can be longer if the public prosecutor authorizes it.
Under the instruction of the public prosecutor, after sufficient proof have been collected, the person in preventive detention can be put in trial or set free.*


Art. 3.1.7. : The police officers have the duty to inform the victims of their rights:
i. That they can make a complaint against a criminal and volunteer themselves as witness before the court.
ii. As a witness, they can be assisted by a lawyer; the judge can assign a lawyer if they don’t have any. The victim pays the fee for the lawyer if the lawyer requires a fee.
iii. That they can be helped by any group or guild to be a proper witness.
__________________
* The preventive detention is only role-play, the one that refuse to play it will be consider guilty.



Article 2 – Ambassadors procedure.

Art. 3.2.1. : Any ambassador is an official agent of the Duchy council and must make an oath of allegiance to the Duke.

Art. 3.2.2. : Each ambassador may be assigned to one or more of all the Duchies and Counties in all kingdoms

Art. 3.2.3. : Ambassadors must make themselves known to their assigned Duchy after assignation, and make contact with their counterpart.

Art. 3.2.4. : Ambassadors must use diplomacy and avoid the use of any violent language against anoher Duchy, except under the order of the Somerset Duchy council.

Art. 3.2.5. : The ambassador has the duty to communicate any treaty requests to the duchy council of Somerset, and can also propose treaties after the Somerset council approve the idea.

Art. 3.2.6. : The ambassador as a duchy agent has diplomatic immunity. To arrest and/or put into detention a Somerset ambassador is recognized as an act of war by the duchy council.

Art. 3.2.7. : Any ambassador can be removes from their office by a simple order of the duke.

Art. 3.2.8. : Any ambassador that fail in their duty will be charged with treason against Somerset duchy.

Article 3 – Defence Counsel procedure.

Art. 3.3.1. : The Defence Counsel is a person that offer their service to defend someone or help a witness in the judicial process of the court. They can charge a fee for their service.

Art. 3.3.2. : The Defence Counsel must be recognized by the county council to be able to work in Somerset as an official lawyer for the county.

Art. 3.3.3. : The Defence Counsel must have not commit any crime except slavery in the past 6 months in any kingdom of the world, or should have received official forgiveness by the Regent of England or the Duke of Somerset.

Art. 3.3.4. : The Defence Counsel, when hired by someone, can ask to have access to all reports that the prosecutor have on this case, and the prosecutor must make all reports available to Defence Council. If the proof cannot be shown and is private due to security reason, then the Defence Counsel must keep it private and if he doesn’t, his right to practice in Somerset will be revoked and will be charged with treason against Somerset.

Art. 3.3.5. : At any time the duchy council can revoke the right to practice to a person who practices as Defence Counsel. All cases already in Court with that person as the Defence Counsel can continue with that person as Defence Counsel. No new cases can be taken up by the person.


Article 4 – Duchy council procedure.

Art. 3.4.1. : Every elected member to the duchy council has the right to access the council room. This right can be removed if the elected person has been convicted of any crime except slavery in the past 6 months in the Kingdom of England. If the person is sentenced as guilty during their term, immediately after been found guilty, he/she will be remove from the council room. Exception is made if the person receives forgiveness from the King of England or the Regent of England or the Duke of Somerset for the crime.

Art. 3.4.2. : All information given in the private council room forum is private. The only persons that can get information out is the Spokesperson, or any other council member that receives authorization to do so by the Duke. Any councillor that violates this article will be charged with high treason against Somerset duchy and can be sentenced to death or exile.

Discussion and voting related to the following subjects can only be held in the private council room :
i) All types of treaties
ii) Army, constabulary force, security proposals
iii) Trade
iv) Any proposal that the councilor who proposes it requests to be dicussed and voted on in the private council room

Art. 3.4.3. : Any council member can make a proposal. This proposal will be put in discussion for two days and must have the word Discussion before it in the topic subject. After two days have passed, if the proposal is considered as a real proposal by the rest of the council, it is then put to vote for two days if the vote is to be cast in the council forum room. For voting in game, the time of the vote will be determined by the IG system.

Art. 3.4.4. : For a proposal to revise existing laws or make new laws : The proposal must have the wording, the article and the book of the Legal Corpus in which it should be put. If any of these requirements are not met, the proposal is considered nullified.

Art. 3.4.5. : A proposal is approved when a simple majority of the council members approve it by vote, subject to the time period of the vote.

Art. 3.4.6. : The council member is a high official in the Duchy, thus they should act in accordance. Any councilor that insult, make false accusation or attack the honour of another council member can have their right to access to the council forums removed by the Duke after a vote have been cast to the council room about their banishment.

Art. 3.4.7.: The Council positions of Count, Judge, Trade Minister and Sheriff may not be occupied by one who also holds the office of Mayor of any town in Somerset.

Art. 3.4.8.:The Council positions of Public Prosecutor and Constable may not be occupied by one who also holds the office of Mayor of any town in Somerset, unless no other viable candidate is available for these positions.

Art. 3.4.9.:No restrictions apply to the Council positions of Mines Superintendent, Sergeant, Spokesman and Captain.


Article 5 –Duchy and mayoral election procedure.

Art. 3.5.1. : For each duchy election, any citizen can create or run a list, subject to the provisions of Article 3.5.2. For each mayoral election, any citizen can register as a mayoral candidate subject to the provisions of Article 3.5.2.

Art. 3.5.2.: Any person who has been convicted in any of the counties of the Kingdom of England within the last 6 months for any crime other than slavery shall be barred from holding any office in the Duchy of Somerset or her towns. Such a person is barred from registering a list for county council elections or being a member of a county election list posted by someone else. Such a person is also barred from registering as a mayoral candidate in any town of Somerset.

Criminals that have received forgiveness for their crime(s) by the King of England, or the Regent of England, or the Duke of Somerset are exempt from the terms of this article.
They can also approach the Somerset County council with a request for permission to register their candidature for a mayoral election, or post a county election list, or belong to a county election list posted by someone else. The council will then vote on the matter, with the vote lasting for 3 days and simple majority is required to grant the request.

Any person who has been convicted of any crime other than slavery in any of the counties of the Kingdom of England within the last 6 months and who has either posted a list for the county council elections, or is running on someone else’s county election list, or has registered for a mayoral race without the authorization of the council or a pardon from the King of England or Regent of England or Duke of Somerset will be brought in front of the judge for trial for public disorder. If found guilty, such a person will face a punishment of a minimum of a 300 pound fine to a maximum of a 1000 pound fine.

Art. 3.5.3: 30 days before any duchy election, the duchy council should make a public request for a non-partisan moderator for the election debate.

The duties of the moderator are:
i. Starting the official debate thread
ii. Collecting question of the citizens of Somerset
iii. Posting question of the citizens
iv. Waiting two days for each list have two days to answer
v. Giving two days for rebuttal to original question
vi. Power to ask censors to remove any post that go against the debate rules
vii. In case of violation of the election laws by someone in the debate referring the case to the Public Procrurer.

Art. 3.5.4: Each election debate should start 20 days before the election or later if no moderator has been found.

Art. 3.5.5: Each official list can nominate two member of its list to debate. And only the list nominees may participate in the debate. An official list is defined as a list that has paid the cash requirement and all its list members have confirmed.

Art 3.5.6: Any member of a list that use false accusation or attack the honor of any other candidate will be subject to a trial for public disorder.

Art. 3.5.7.: Only citizens of Somerset, the king and the regent can participate in any electoral action. This is a light crime and the sentence is set in Article 2.1.3.

Definition of electoral action is and not limited to promoting a list or negative advertises of any list, in all Taverns, Somerset hall, Somerset town hall, castle of Bristol, mass mail to somerset citizens.
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Allikath
County Councillor
Allikath


Registration date : 2007-02-13

Character sheet
SAS Status: Recruit

Somerset Laws as of August 2007 Empty
PostSubject: Re: Somerset Laws as of August 2007   Somerset Laws as of August 2007 Icon_minitimeSun Aug 05, 2007 9:22 am

004 Book IV – The loans and loan contracts
Article 1 – County loan agency

Art. 4.1.1.: The county loan agency shall be the body that reviews the loan requests that the county receives. The agency shall be led by a clerk under the Trade minister of the duchy. An assistant shall be assigned if the clerk requests it of the council.

Art. 4.1.2.: The Clerk is voted into office by a simple majority vote of the duchy council. The candidate must have a clean criminal record for the past 6 months in all English Duchies and Counties.

Art. 4.1.3.: The duties of the agency are:

i. Receive loan requests from the citizens of the duchy
ii. Evaluate if the applicant meets the minimum requirements
iii. Verify there are still funds available for that kind of loan
iv. Evaluate the amount of the loan request
v. Accept or refuse the loan
vi. Sign the contract between the duchy and the citizen
vii. Arrange the money to be delivered to the citizen
viii. Keep track of the loan and the payments thereof
ix. Collect the repayment installments
x. Have the power to fill a complaint to the Prosecutor in the name of the duchy if someone defaults on their loan.
xi. Keep an up to date list of the fields and shops needed by the different towns of Somerset. This information shall be provided by the mayors.

Article 2 – County loan for leveling up

Art. 4.2.1.: The county loan program for leveling up is open to any citizen of the duchy that has had no criminal record in the past 6 months in England.

Art. 4.2.2.: The funds for this category of loans are voted on by the council at the beginning of each council term.

Art. 4.2.3.: Any citizen can ask for this loan provided they can prove they meet the minimum requirements for it, and willingly supply all other information needed.

Art. 4.2.4.: The county loans for leveling up are open for any level. Each level has its own requirements and funding limit.

Art. 4.2.5.: The requirements for leveling up loan of level 0 to level 1 are

i. The citizen have the 5 reputation points (including 2 from the church) needed to level up
ii. The citizen possesses at least 40 pounds
iii. The citizen is willing to choose the field needed by their town.

The maximum of the loan is 50 pounds
The recipient has two weeks to repay the loan.

Art. 4.2.6.: The requirements for level up loan of level 1 to level 2 are

i. The citizen must have the reputation points to level up
ii. The citizen must have all the clothes needed to level up
iii. The citizen has at least 250 pounds
iv. The applicant needs to accept the town's choice of shop.

The maximum of this loan is 250 pounds

The recipient has one month to repay this type of loan.

Art. 4.2.7.: The requirements for level up loan of level 2 to level 3 are

i. The citizen must have the reputation points to level up
ii. The citizen must have the clothes needed to level up
iii. The citizen has at least 1000 pounds

The maximum of the loans is the balance of the sum needed for the citizen to level up.

The recipient has two months to repay the loan.

Article 3 – County loan for buying of second field

Art. 4.3.1.: The county loan for buying a second field is open to any citizen of the duchy that has had no criminal record in the past 6 months in England.

Art. 4.3.2.: The funds for this category of loan are voted upon by the council at the beginning of each council term term.

Art. 4.3.3.: Any citizen can ask for this loan provided they can prove they meet the minimum requirements for it, and willingly supply all the other information needed.

Art. 4.3.4.: The requirements for this type of loan are

i. Not living in capital (capital is 1 field max by person)
ii. Having at least 200 pounds
iii. Taking the type of field needed by the town

The maximum loan is 300 pounds

The recipient has 2 month to repay the loan.

Article 4 – County loan for ranchers

Art. 4.4.1.: The county loan for ranchers is open to any citizen of the duchy that has no criminal record in the past 6 months in England.

Art. 4.4.2.: The funds for this category of loan are voted upon by the council at the beginning of each council term term.

Art. 4.4.3.: Any citizen can ask for this loan provided they can prove they meet the minimum requirements for it, and willingly supply all the other information needed.

Art 4.4.4.: The requirements for this type of loan are

i. Be a rancher
ii. Showing that you don’t have enough money to have four animals in your field or not enough money to buy knife or bucket.
iii. Showing the events that portray your bad luck and explaining why you need that loan.
iv. Not been already had a loan for rancher

The maximum loan of this type is 250 pounds.

The recipient has two months to repay the loan.

Article 5 – General loan laws

Art 4.5.1.: The county doesn’t charge any interest on the loans.

Art.4.5.2: Citizen cannot accumulate loans, that is, a new loan may not be granted if a prior loan is still outstanding. The exception to this article is a loan provided for a rancher (see article 4 of book IV).

Art. 4.5.3.: The contract shall have legal standing. Defaulting on a county loan contract shall carry the same penalty as fraud. The sentence, if found guilty, shall be the repayment of the loan balance up to a 1000 pound fine.

Art. 4.5.4.: Should someone have trouble repaying the loan to the county, they shall ask any member of the duchy council to put a request in the duchy council room asking for an extension of the time for repayment. Such a request must be accompanied by a detailed explanation of the difficulty. The loan shall be deemed frozen (no payments required) until the duchy council reaches a decision. The person must comply with the decision of the council.

Art. 4.5.5.: To appeal the refusal of a loan request made to the county agency, the citizen must ask a member of the duchy council to request a hearing in the council rooms about it. The duchy council will review the loan application and will return a final decision in one week, if they fail to respect this delay the loan will be giving. Exception is made to refusal due to lack of funds left in the loan programs, this one cannot be appeal.

Art. 4.5.6.: The clerk must refuse an applicant if funding for the type of loan being requested has run out. A listing of such application shall be kept, with the earliest given preference as monies are repaid to the loan fund.
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