LAWS OF THE ISLE OF SVAGO
Effective Date 07 JAN 2018
Excerpts
---------------SECTION 2 - JUDICIAL PROCESS---------------
2.1 The Judiciary of Svago shall be made up of the High Magistrate, Magistrates, Praetors and Merchant Magistrates. To qualify for appointment the High Magistrate, Magistrates and Praetors must be of the Caste of Scribes in Svago and sworn to the Home Stone of Svago. Merchant Magistrates must be of the Caste of Merchants in Svago and sworn to the Home Stone of Svago .
2.1 .A Magistrates are recommended by the High Magistrate, or should there not be a High Magistrate at that time the Head of Scribes, Regent or Administrator. They are appointed by a vote of the High Council with at least 3 votes in favor or on a temporary basis by the will of the Administrator or Regent between sessions of the High Council. They report directly to the High Council but remain, in matters of their caste under the jurisdiction of the Head of the Caste of Scribes, as they play a dual role as both upholder of Civil law and their duties as a scribe.
2.1.B Praetors are appointed by the High Magistrate, or should there not be a High Magistrate at that time the Head of Scribes, Regent or Administrator. They report directly to the High Magistrate, or should there not be a High Magistrate at that time the Administrator, under the authority of the High Council but remain, in matters of their caste under the jurisdiction of the Head of the Caste of Scribes, as they play a dual role as both upholder of Civil law and their duties as a scribe.
2.1.C Merchant Magistrates are appointed by the Merchant Council and uphold Merchant Law as defined in chapter 2.11 of Svago Law. The report directly to the High Magistrate, or should there not be a High Magistrate at that time the Administrator, under the authority of the High Council and Merchant Council but remain, in matters of their caste under the jurisdiction of the Head of Caste Merchants as they play a dual role as both upholder of Merchant Law and their duties as Merchants.
2.2 The High Magistrate will be male.
2.3 Only the High Council can overturn any Civil and Merchant Magistrate's ruling through appeal. And only then through unanimous vote to do so.
2.4 When Merchant Law applies, the Merchant Magistrate will hear the case and rule. When Civic laws applies Magistrates will hear the case and rule. In mixed situations the magistrates will confer.
2.5 In case of capital crimes female Magistrates need to have their rulings approved by the High Magistrate or male colleague.
2.6 Praetors have the authority to adjudicate (judge) any minor crime in the area they are charged to patrol, usually markets and docks. The decision is immediate. If the convicted wishes to appeal, their case will automatically go to trial. All capital crimes will be passed onto the Magistrates.
2.7 Once a topic or case is ruled upon it can not be brought up a second time.
2.8 Investigations and Evidence:
2.8.1 Investigations are conducted either by the Warriors or the Advocates under the authority of the Civil and Merchant Magistrates. Results of said investigations are to be shared among those authorities if/as needed. They will present the evidence to the Magistrates who will make the judgement, this could be in the form of a meeting or a trial, depending on the severity of the crime.
2.8.2 Any citizen may request an investigation of suspected illegal activity by lodging a Citizen's inquiry with the appropriate Civil and/or Merchant Magistrates office.
2.8.3 All evidence of possible violations of law will be brought to the attention of the Civil and/or Merchant Magistrates for investigation. Hearsay will not be accepted.
2.9 Arrest Powers:
2.9.1 The power of arrest lies with the Magistrates, Praetors and any member of the Warrior Caste of the Isle of Svago. These alone may detain or order the arrest of any Citizen or Visitor for breaches of the peace or investigation of violations of the applicable law. Any order issued by a member of the Warrior Caste must be obeyed, including removal of weapons.
2.9.2 Any Citizen of the Isle of Svago may request that a Magistrate, Praetor or Warrior make an arrest on their behalf. This does not negate the Magistrates, Praetor or warrior’s own decision making process to determine if an arrest is justified.
2.9.3 Praetors can place anyone under arrest for any crime committed in their area. If it is discovered during investigation that the crime committed no longer falls under their jurisdiction, the suspect will be arrested and the case taken to the fitting Magistrate.
2.9.4 No non-authorised citizen can legally arrest another free of Svago unless under the direct instructions of a member of the High Council.
2.10 Civil criminal Acts:
Based on laws defined by the City High Council, and agreed upon will be enforced by the Legal Branch of the government.
All Punishments given for the following crimes will be at the discretion of the Magistrates.
A) Murder, Attempted Murder: any action aimed at injuring a Free Person intentionally.
B) Treason; This is defined as the act of trying to overthrow and undermine the High Council of Svago and it's leading Citizens.
C) Spying; This is defined as the gathering of information both verbally and in writing and drawing of information that can be used against the Isle of Svago.
D) Helping a prisoner to escape from Svago’s Jail.
E) Failure to obey the direct orders of a City Official, within the jurisdiction of that Official.
F) Theft, the deliberate stealing or using of other Free Persons property.
G) Damage/Destruction of another Free Persons property, or acting with the intentions of causing such.
H) Picking of any locked gate or door.
I) Slander; This is defined as the defamation of another Free Person's character or business when there is no truth in the accusation which results in substantial loss of business income and/or harm in reputation.
J) False Testimony: defined as not telling the whole and complete truth when questioned by a City Official.
K) Face stripping of a Free Woman in a public place.
L) Claiming to be of a Caste which is not their own.
M) Enslavement:
1) Enslaving one of the Caste of Players or Caste or Musicians
2) Enslaving a free woman of the own Home Stone which is not your companion without approval of the a Magistrate in the matter.
Acceptable reasons for enslavement:
1) Unpaid debts
2) Self submission
3) Stipulations within a Free Companionship contract
4) Couching another's slave or readying to do so.
5) Slavish behaviour:
- Dressing/acting in a lewd or scandalous manner
- Performing a Sensuous dance
- Addressing a man as 'Master'
- Kneeling other than in free woman tower
- Indecency and vagrancy
6) Being found branded without proper manumission papers
7) Existence of proper slave papers without proper manumission papers
8) Conduct unbecoming of the nobility of a Free Woman.
N) Trespassing -
1) Entering restricted area or other such place that the person is not authorized to be.
2) Entering private property with out permission or remaining after such permission has been revoked
3) Entering a business and remaining after being told to leave by the proprietor or employee.
2.11 Acts Against Merchant Law
Punishments will be at the discretion of the Merchant Magistrate.
A) Trade (Fraud)
1) Scales failing calibration, tested 4 times a year
2) A merchant using a deceptive Foot or Stone
3) Alteration of coin weights (shaving, etc.)
4) Falsification of Pedigree Papers on any slave
5) Falsification of any bill of sale
6) Running a business without formal registration with the caste of merchants
B) Property(Theft)
a) Failure to pay debts
b) Sale of stolen items
C) Slaves
a) Public sale of an unbranded slave.
b) Failure to register a slave according to law in Svago
c) Failure of an owner to have their slave wear a visible token of their slavery.
----------------SECTION 3 - FAMILY LAW---------------
3.1 The eldest male of any household is the governing authority. If no male resides in the household, the closest related living male blood relative shall have governing authority over the female relatives, even if they do not reside in the same house.
3.2 In case of Death of a citizen of Svago:
3.2.1 Upon death of a Male Citizen of the Isle of Svago, privately held assets and estate shall transfer as follows:
Closest living male relative, if none then -
His companion at time of death, if none then -
Oldest known daughter, if none then -
State of the Isle of Svago
3.2.2 Upon death of a Female Citizen of the Isle of Svago, privately held assets and estate shall transfer as follows:
Her companion at time of death, if none then -
Closest living male relative, if none then -
Oldest known daughter, if none then -
State of the Isle of Svago
3.3 Any free person who wishes their estate to be divided other than as above, must record it with the Caste of Scribes as proof.
3.4 Upon enslavement of a Citizen of the Isle of Svago, all property shall transfer to the owner.
Children:
3.5 A child's status is determined by the status of the mother at birth. If the woman is free, so is the child, and subject to their father's authority. If the woman is a slave, the child becomes property of the woman's owner.
3.5.1 A child’s caste is determined by the caste of the father at birth
3.5.2 A child's citizenship is determined by the status of the father. Is he a citizen or resident so the child is automatically a resident until coming of age at which point the free person can decide its allegiance on its own free will..
3.6 Following rules apply to free women in Svago:
3.6.1 The wearing of a veil, headscarf and robes of concealment by a Free Woman is not a matter of Law but for the protection of the Free Woman, the choice remains with the Free Woman, but she must be prepared for the consequences.
3.6.2 Free women are expected to conduct themselves with a certain level of decorum in public, one that is worthy of their status as a Free Woman. If a free woman of Svago is accused of conduct befitting enslavement, the accuser may seek out her companion, oldest male relative within the city, their Head of Caste or file a complaint with the Civil Magistrates.
3.6.3 A Free Woman is entitled to her own opinion and to voice it but should also be aware of the possible consequences of her actions.
3.6.4 Free Women have the right to own property, including real estate, businesses and slaves.
3.6.5 Free Women have the right to own slaves of either gender. She is not acting improperly by allowing her slaves to touch her in public however touching of a sensual or sexual nature is grounds for an investigation into conduct befitting a collar.
3.6.6 Free Women have the right to be out of their quarters without escort.
3.6.7 Free Women have the right to travel escorted outside of Svago unless a male relative or her companion forbids this. Traveling unescorted is at her own risk.
3.6.8 Free Women have the right to sit in Free Women's Tower without threat of being slandered, questioned or threatened with a collar.
3.6.9 A Free Woman, Citizen or Resident of the Isle of Svago may only be enslaved on the express order of a Magistrate or by her Companion or legal Guardian if so stated in the contract signed by both parties.
3.7 Following rules apply to slaves in Svago:
3.7.1 All slaves of the citizens and residents of Svago must be registered with the City, which requires a physical sealed by the Physicians of the Isle of Svago less than one year old. All slaves are required by law to wear a token of their slavery. This can be collar or brand or both.
3.7.2 All publicly sold slaves shall have a bill of sale and shall be branded prior to completion of the transaction according to Merchant Law.
3.7.3 Slaves with no clear owner shall be handed over and held by the Slave Houses. Slaves created by the State shall likewise be handed over to a Slave House.
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