User talk:Konanen: Difference between revisions

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:11.2. Any notarised document is enforceable in a national court of law.
:11.2. Any notarised document is enforceable in a national court of law.


:11.3. Furthermore money, securities and valuables may be checked with Scriveners for safekeeping or transfer to a third party.
:11.3. Furthermore, money, or securities, or valuables may be checked with Scriveners for safekeeping, or transferring unto a third party.


:11.4. Scriveners may furthermore be authorised to act in any legal capacity of the authorising party, acting legally as the authorising party themselves.
:11.4. Scriveners may furthermore be authorised to act in any legal capacity of the authorising party, acting legally as the authorising party themselves.
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12. Special scriveners, called ''Royal Peruke Scriveners'', or officially ''Pampularxheux Rexhitals'', are chosen from among the Scriveners by the Ministry of Justice to serve the Government. They leave their special office with the Attorney-General.
12. Special scriveners, called ''Royal Peruke Scriveners'', or officially ''Pampularxheux Rexhitals'', are chosen from among the Scriveners by the Ministry of Justice to serve the Government. They leave their special office with the Attorney-General.


:12.1. Peruke scriveners see to the certification of documents pertaining to the Government and the Ministry of Justice, particularly,
:12.1. Peruke scriveners see to the certification of documents pertaining unto the Government and the Ministry of Justice, particularly,


::12.1.1. they serve to certify documents for citizens, which the Ministry of Justice issues to them,
::12.1.1. they serve to certify documents for citizens, which the Ministry of Justice issues unto them,


::12.1.2. they serve to notarise mutual settlement agreements between the Government and accused.
::12.1.2. they serve to notarise mutual settlement agreements between the Government and accused.
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:::12.1.2.2. Settlement agreements may not compel, or imply that any one involved party agrees, to imprisonment or confinement.
:::12.1.2.2. Settlement agreements may not compel, or imply that any one involved party agrees, to imprisonment or confinement.
:::12.1.2.3. Settlement agreements notarised by a royal peruke scrivener have the force of a court order of the Magistrates' Courts, and breachment thereof may, in addition to the enforcement of agreed penalties for breachment, be dealt with as contempt of court by the Magistrates' Courts.
:::12.1.2.3. Settlement agreements notarised by a royal peruke scrivener have the force of a court order of the Magistrates' Courts, and breachment thereof may, in addition to the enforcement of agreed penalties for breachment, be dealt with as contempt of court by the Magistrates' Courts.
:::12.1.2.4. The Magistrates' Courts shall consider to regard breachments as contempt of court only upon request of the peruke scrivener or Attorney-General.
:::12.1.2.4. The Magistrates' Courts shall consider to regard breachments as contempt of court only upon request of the peruke scrivener or involved parties.


13. Scriveners are obligated to instruct and pledge any employees to the duty of secrecy, as outlined in subsection 9.3.
13. Scriveners are obligated to instruct and pledge any employees unto the duty of secrecy, as outlined in subsection 9.3.


===Absence of a scrivener===
===Absence of a scrivener===

Revision as of 19:32, 2 April 2014

The Ordering the Orderers Act

WHEREAS blabla
THEREFORE blabla, enact, blabla, civil-law notaries:

First Part

1. Notaries shall be appointed unto the service of the Kingdom of Talossa, to authenticate and certify legal processes and operations, and to attend and administrate law and order in further tasks, as specified by law.

2. Notaries are, where not otherwise determined by law, exclusively and only subject unto the law. They carry an official seal and shall be styled [NAME], [TITLE], Royal Scrivener unto His Majesty, the King, or, when the Monarch is a female, [NAME], [TITLE], Royal Scrivener unto Her Majesty, the Queen.
The Talossan equivalent [NAME], [TITLE], Tularxheu (or Tularxhă) Rexhital da Shieu Mhaxhestà, el Regeu or, when the Monarch is a female, [NAME], [TITLE], Tularxheu (or Tularxhă) Rexhital da Shieu Mhaxhestà, la Rexheiçă shall be their official title.

3. Scriveners are appointed by the King, on advice of the "Chamber of Scriveners", consisting of the Attorney-General and two Justices of the Uppermost Court. They hold their office until dismissal by law or resignation. Scriveners are deemed to have resigned their office when renouncing their citizenship.

3.0. Until proper provisions are set by law, Scriveners shall be appointed according to the rules given below and the Attorney-General's best deem.
3.0.1. The merits of a citizen's appointment unto the office of the Royal Scrivener shall be considered only after the receipt of an application directed unto the Ministry of Justice. The Ministry shall be in charge of the applications and their processing. It may decide whether it will submit the application unto the Chamber of Scriveners for consideration. Every receipt of an application must be related unto the Chamber of Scriveners.
3.0.2. The Ministry of Justice must inform the applicant of a rejection of their application, stating its reasons for the rejection. The two Justices of the Uppermost Court serving in the Chamber may decide unanimously to override the Attorney-General's rejection.
3.0.3. If the Ministry of Justice decides to consider the application, it must be remitted unto the Chamber of Scriveners, which may subject the applicant unto an official hearing.
3.0.4. Applicants shall be chosen, or rejected, by their cognisance at law and legal practice.
3.1. As many Scriveners will be appointed, as are necessary for the proper administration of law and order. However, the Kingdom of Talossa is obliged to provide her citizens at least one Scrivener-in-office at all times.
3.2. Neither a reigning king nor queen, nor his consort, nor a regent during his or her regency, nor a justice of the Uppermost Court, nor a judge of any inferior national court may practice as a Scrivener.
3.2.1. Scriveners, who are appointed unto and accept any of the abovementioned offices, are suspended immediately and until such time as they leave said office.
3.2.2. Upon satisfactory proof of the discontinuation of abovementioned offices, brought unto the Ministry of Justice, the suspended Scrivener may be licenced and officiated as Scrivener once again.
3.3. Scriveners are appointed by certificate of appointment (Atestat dad Apîntamaintsch), to be signed by the three members of the Chamber of Scriveners and the reigning monarch.
3.3.1. After receiving the certificate of appointment, the Scrivener must take following oath in presence of the Senior Justice of the Uppermost Court: I swear solemnly, in all conscience, to adhere unto the Organic Law and unto law and order, and to execute the duties of the Royal Scrivener unto His Majesty, the King, conscientiously and impartially. Long live the King!

The oath's words shall be changed to "Her Majesty, the Queen", and "Long live the Queen", if the reigning monarch is a female.

3.3.1.1. The oath may be taken with a religious context, if the Scrivener wishes so. The religious context may be inserted between "I swear" and "solemnly", and a divine invocation may be implemented before the last sentence.
3.3.1.2. Should the Scrivener's religious beliefs prohibit the swearing to confirm an oath, the vow can be replaced with "I affirm".
3.3.1.3. The Talossan equivalent of the oath shall be the official oath and shall read:

Xhureu solenămînt, în v'alma es va c'hunschençù, qe serc'harheu el Legeu es el Reglamaintsch Orgänic, es executarheu els deveirs dal Tularxheu Rexhital da Shieu Mhaxhestà, el Regeu, vandadouramînt es imparcialmînt. ¡Så viva el Regeu! The oath's words shall be changed to "Tularxhă", if the Scrivener is female. Furthermore, its words shall be changed to "la Rexheiçă", on both accounts where "el Regeu" occurs, if the reigning monarch is a female.

3.3.1.4. The oath may be altered as permitted in 3.3.1.1. and 3.3.1.2. In the latter case, "Xhureu" shall be changed into "Detxereu".
3.3.1.5. The Senior Justice of the Uppermost Court shall certify that the oath has been administered unto the Scrivener by signing the certificate of appointment.
3.3.2. The Ministry of Justice is instructed to print out an engrossment of every certificate of appointment and preserve these for the posterity.
3.3.3. No Scrivener shall assume or conduct official duties and rights, until they have sworn the oath.

Second part

Exercise of Office

4. Scriveners shall execute their duties and rights true unto their oath. They shall not be an agent unto a party, but an independent and impartial adviser of the interested parties.

4.1. Scriveners must deny official action, if they deem it incompatible with their official duty, particularly when their assistance is demanded for a discernably illegal or disingenerous purpose.
4.2. Scriveners must conduct themselves, within and without their office, in such a manner that is worthy of the trust granted unto the office of the scrivener. They must beware of any demeanour that may give the appearance of the neglection of their lawful duties, especially the appearance of dependence or partiality.
4.3. Royal Scriveners of the Kingdom are obligated to possess at least one quill and one inkwell of black ink.

5. Scriveners may not refuse to exercise their duties without due cause.

5.1. A complaint against the refusal of exercise of duties is admissible. Complaints shall be lodged with the Magistrates' Courts.
5.2. Scriveners may refuse to exercise their duties when they are not adequately equipped to perform an assignment. However, they are obliged at least to possess adequate equipment to certificate documents.

6. Scriveners are not beholden to notarise in any other language than Talossan and English, and they must ensure to offer their services in both languages.

6.1. Scriveners may offer their services in any other language, provided they are proficient in these languages.

7. Scriveners are barred from notarising any personal matters or concerns.

7.1. Scriveners may recuse themselves by virtue of prejudice.

8. Scriveners may charge a fee for their services.

9. Scriveners are sworn to secrecy, which alludes unto everything they learn in their official function. It does not pertain unto obvious matters, or such matters that do not require confidentiality in their nature. The confidentiality extends beyond the involved party's death.

9.1. The obligation ceases, to apply, when the involved party releases the Scrivener from their duty of confidentiality.
9.2. The obligation of secrecy persists after the scrivener's suspension, or deposition, or removal, or retirement.
9.3. These duties of secrecy extend unto the scriveners' assistants and employees.

10. Scriveners must repair damages arising from wilful, or negligent, breach of their duties unto others. If a scrivener is accused only of negligence, then the reparations can only be claimed, when reparations cannot be obtained by other means.

Third part

Official duties

11. Scriveners are in charge of certifying any document, signature, signing and duplication of a document. They are particularly tasked with the certification of resolutions in assemblages, and the recording of inventory assets, and estate inventories, and the certification of contracts and settlements out of court, and other contracts.

11.1. Scriveners are empowered to receive and certify affidavits, in lieu of an oath before any national court.
11.2. Any notarised document is enforceable in a national court of law.
11.3. Furthermore, money, or securities, or valuables may be checked with Scriveners for safekeeping, or transferring unto a third party.
11.4. Scriveners may furthermore be authorised to act in any legal capacity of the authorising party, acting legally as the authorising party themselves.

12. Special scriveners, called Royal Peruke Scriveners, or officially Pampularxheux Rexhitals, are chosen from among the Scriveners by the Ministry of Justice to serve the Government. They leave their special office with the Attorney-General.

12.1. Peruke scriveners see to the certification of documents pertaining unto the Government and the Ministry of Justice, particularly,
12.1.1. they serve to certify documents for citizens, which the Ministry of Justice issues unto them,
12.1.2. they serve to notarise mutual settlement agreements between the Government and accused.
12.1.2.1. Settlement agreements may not compel, or imply that any one involved party agrees, to being convicted for any misdemeanour, felony or crime of which they are accused.
12.1.2.2. Settlement agreements may not compel, or imply that any one involved party agrees, to imprisonment or confinement.
12.1.2.3. Settlement agreements notarised by a royal peruke scrivener have the force of a court order of the Magistrates' Courts, and breachment thereof may, in addition to the enforcement of agreed penalties for breachment, be dealt with as contempt of court by the Magistrates' Courts.
12.1.2.4. The Magistrates' Courts shall consider to regard breachments as contempt of court only upon request of the peruke scrivener or involved parties.

13. Scriveners are obligated to instruct and pledge any employees unto the duty of secrecy, as outlined in subsection 9.3.

Absence of a scrivener

14. Should a scrivener become absent or plan to become absent for longer than two weeks, he must notify the Ministry of Justice, who shall then appoint a scrivener procurate until such time as the absent scrivener returns.

14.1. Should a scrivener foresee that their absence will last longer than two months, or should the Ministry of Justice have due reason to suspect that a scrivener will be absent longer than two months, then the scrivener shall be administratively suspended until such time as the scrivener returns, or the Chamber of Scriveners removes the absentee from office.
14.2. The scrivener procurate shall meet the requirements for the office of scrivener and shall be under the same oath.
14.3. The scrivener procurate shall certificate documents under the authority of the scrivener he replaces and shall sign per procura (ppa.) and shall use the seal of the scrivener.
14.4. If the absent scrivener is removed from office by the Chamber of Scriveners, the scrivener procurate shall take his place and become a duly appointed scrivener.
14.5. Any scrivener that negligently fails to notify the Ministry of Justice of an absence longer than two months, must beseech to the Ministry of Justice for a reappointment.
14.6. If the scrivener can satisfactorily demonstrate that the failure to notify the Ministry of Justice cannot be ascribed to themselves, the Ministry of Justice must reappoint the scrivener to the office of a royal scrivener.
14.7. Any administrative action taken by the Ministry of Justice may be challenged in the Magistrates' Courts.

Expiration of Office

15. The office of the royal scrivener expires

15.1. by reaching the age of retirement (Section 15), or death,
15.2. by dismissal,
15.3. by renunciation of citizenship,
15.4. by loss of office by conviction in a court of law (Section 16),
15.5. by deposition,
15.6. by removal from office through disciplinary action,
15.7. by temporary suspension.

16. A scrivener may, at any time, require dismissal from office. The requisition must be submitted to the Ministry of Justice in written form. The dismissal must be issued by the Ministry of Justice effective from the date requested.

16.1. Scriveners reach the age of retirement upon reaching the age of 65 years.
16.2. Whoever as a notary must attend either to at least one minor child, or to a relative in need of care, as certified medically, may request a temporary suspension.
16.2.1. The temporary suspension must not exceed two years' time.

17. A penal conviction results in the loss of office.

18. A scrivener is to be disposed of,

18.1. when it is determined that he or she does not meet the requirements for office, or when they have entered the office under false pretences,
18.2. when a condition, of where the decision of the Chamber of Scriveners is rendered null and void, is met,
18.3. when he or she refuse to take the oath
18.4. when he or she is deemed to be continuously unable to execute his or her duties on grounds of health,
18.5. when he or she repeatedly neglects his duties.

19. When a scrivener's office expires, all related files, documents and books must be delivered into the custody of the Uppermost Court.

19.1. The Ministry of Justice must see to the destruction of the official seal and stamp of the scrivener. The scrivener's seal and stamp may be preserved when the scrivener is deemed to return in the foreseeable future.
19.2. When the scrivener resumes his duties anew, files, documents and books that have been given up to the Uppermost Court may be transferred back to the scrivener.

20. The authority to bear the titles Scrivener and Tularxheu Rexhital expires along with the office. These titles may also not be born with an affixed indication of the office's expiration.

20.1.When a scrivener's office expires due to a request of dismissal (15.), the reaching of the retirement age (15.1.), a temporary suspension (15.2.), or in cases of subsection 17.4., the scrivener may bear the title "Royal Scrivener, retired (rtd.)"; in Talossan "el Restirat (e:R) Tularxheu Rexhital", or in case of a female "la Restiradă (l:R) Tularxhă Rexhital"

21. Objections or rescissions to dispositions or suspensions, be they terminal or preliminary, bear no suspensory effect.