Barclay Legal Reform Act, 1784

[Office of the Registry 2323]

ACT OF THE IMPERIAL DIET

9th of Harren’s Folley, 1784

 

BARCLAY LEGAL REFORM ACT

Introduced in the Commons

Passed in the House of Commons

We, the Ministry of Civil Affairs, do so release, in accordance with the Public Record Act of 1751 & beneath the authorization of the Crown, this Act of the Imperial Diet. It shall, as assented within the purview of the Crown, henceforth be enacted and executed as laws, as this document shall serve as the official confirmation of ascension of the Crown. And so it shall, as demanded of the Crown, be transcribed within the Orenian Revised Code wherein this Act of the Imperial Diet shall remain until amended.

 

Exceptional notice from the Legal Archivist - This Act of the Imperial Diet has been enacted law before release of this document. We, the Ministry of Civil Affairs, had noticed the lack of public documentation of this Act of the Imperial Diet and have therefore re-released the document.

 

INTRODUCTION

This bill seeks to clarify and update the legal statuses of citizens, persons, entities, et cetera within the Empire, as well as the miscellaneous matter of standardising capitalisation in the Code.

 

SECTION I:

Amending the name of the Oren Revised Code and standardising capitalisation

 

I - The Oren Revised Code shall be renamed to the Orenian Revised Code. 

II - All instances of ‘the empire’ referring to the Holy Orenian Empire within the Code shall be changed to ‘the Empire’.

III - All instances of ‘the emperor’ referring to the Holy Orenian Emperor within the Code shall be changed to ‘the Emperor’.

 

SECTION II:

Amending CH 301 of the Orenian Revised Code

   

CH 301 - Barclay Reform Act (1784): On Personhood

301.01 - On Establishing Citizenship

301.01A - A citizen is to be defined as a person who maintains permanent residence within the Empire and has sworn an oath of fealty to the Emperor.

301.01B - The possession and continued use of property within the Empire for a period as so judged by a magistrate can be used as legal proof of citizenship if so requested by the citizen.

301.01C - Citizenship may be granted or revoked by decree of the Holy Orenian Emperor.

301.01D - Citizens of the nation shall maintain suffrage in national elections.

301.01E - Criminal Justice Reform Act (1746): In cases of conviction by a court of law, suffrage for the individual is waived.

301.01F - Citizens of the nation shall maintain the exclusive right to occupy public or government office.

301.01G - Citizens shall bear the responsibility of heeding the call to arms should the Empire conscript them.

301.01H - Residency within the Empire is verified on a regular basis through the office of a censure and the signing of the census by the citizen. A refusal to do this is an implied, but not explicit, rescission of citizenship.

301.02 - On Establishing Entities

301.02A - Corporations, companies, associations, and foundations are recognised as entities under law and are accountable hereafter to the laws governing them.

301.02B - Legal entities enjoy the same privileges, including the possession and acquisition of property, chattel et al. afforded to citizens, excluding suffrage in national elections.

301.02C - Imperial decree may revoke entity status if so required.

301.03 - On Marriage

301.03A - All marriages are to be performed by the Canonist Church in accordance with Her laws and rites.

301.03B - No marriage involving human or Canonist individuals performed in any pagan or secular rite, or in breach of Canonist law, shall be acknowledged as legitimate.

301.03C - It is the right of the Emperor, his privy, and the Church of the Canon to render nullity of marriage should this be deemed necessary.

301.03D - All marriages require the consent of the man and the legal patriarch of the woman participating in matrimony. If this patriarchal prerogative is withheld and the marriage proceeds, it is to be considered unlawful and null.

301.03E - In the case of marriages of the princes, landed lords, and their immediate heirs, express permission to marry must be sought from and granted by the Crown. If this Imperial prerogative is withheld and the marriage proceeds, it is to be considered unlawful and null.

    301.04 - Civil Unions Act (1760): On Civil Unions

301.04A – Civil unions shall be defined as the enjoining of heathen non-human individuals into the institution of marriage as recognized by the Holy Orenian Empire.

301.04B – The bride and the groom must be of the same race and opposite sex.

301.04C – Children born of a civil union legally recognized by a court of law in the Holy Orenian Empire shall, by right, be lawfully entitled to their inheritance.

301.04D – Civil unions are dissolved upon the case of legal separation and or death of either spouse.

301.04E – Civil unions shall be performed by the Circuit Courts of the Holy Orenian Empire, presided by a magistrate confirmed by the House of Commons.

301.04F - There shall be no union without freely given consent from both parties.

301.04G - Persons already joined in a civil union may not enter into another.

301.04H - Minors may not enter into civil unions.

301.04I - Direct line relatives of consanguinity may not be united with each other. 

301.04J - Collateral relatives by consanguinity of up to and including the third degree may not be united with each other.

301.04K – It shall be the right of the Emperor, his privy, and the Circuit Court which created the union, to render the nullity of union should this be deemed necessary.

301.04L – A registry is to be established and maintain a list of marriages officiated under the provision of civil unions in the Circuit Courts of the Holy Orenian State.

301.04M – The Department of Civil Affairs shall maintain the official record of all civil unions officiated by the Circuit Courts of the Holy Orenian Empire. 

301.05 - On the Legal Status of Living Things

301.05A - All living things are to be divided into the following four legal classifications:

(i) Persons.

(ii) Intelligent non-persons.

(iii) Flora and fauna.

(iv) Abominations.

    301.06 - On Persons

301.06A - Persons shall enjoy the protection of the laws of the Empire, and the rights they so afford, as well as legal liability for themselves should they breach them. 

301.06B - Persons shall be legally liable for their own actions, lest they be under the age of twelve years, in which case their legal guardians shall be liable.

301.06C - Criminal Justice Reform Act (1746): Persons shall maintain the right to due process when convicted.

301.06D - The aforementioned right shall be waived by agents of foreign states or organisations which are in a state of war with the Empire.

301.06E - Persons are eligible for citizenship.

301.06F - Persons are defined as pure-blooded members of one of the four primary Descendent races (human, elf, dwarf, orc), or mixed-blooded individuals whose blood is a combination of human, elf, or dwarf descent.

301.06G - Ologs and goblins do not fall into the category of personhood.

    301.07 - On Intelligent Non-Persons

301.07A - An intelligent non-person is afforded the Right to Life.

301.07B - Intelligent non-persons are ineligible for citizenship. 

301.07C - An intelligent non-person must have a legal sponsor, who shall represent them in all legal affairs of state and serve as their legal guardian.

301.07D - An intelligent non-person may not own property, it is instead the duty of their legal sponsor to shelter them.

301.07E - Intelligent non-persons are defined as Hou-Zi, wonks, goblins, ologs, kharajyr, and mixed-blooded individuals who are part orc. 

301.07F - An individual who was previously a pure-blooded or mixed-blooded person, who is no longer a descendant but who is not necrotic in nature, will be regarded as an intelligent non-person and not as their former race.

301.07G - Intelligent Non-Person Testimony Act (1782): Intelligent Non-Persons shall be allowed to testify in a legal court, providing they have their legal sponsor present at the time of the trial.

    301.08 - On Flora and Fauna

301.08A - Flora and fauna are considered property under the law.

301.08B - Flora and fauna are defined as plants and animals, and also constructs including but not limited to golems, atronachs, and animii.

301.08C - The owner of such property will be legally liable for any damage caused by it.

    301.09 - On Abominations

301.09A - Abominations are afforded no legal rights.

301.09B - Abominations are defined as all creatures of a necrotic, demonic, or otherwise unholy nature or origin.. 

301.09C - An individual who was previously a pure-blooded or mixed-blooded person, who is no longer a descendant and who is necrotic in nature, will be regarded as an abomination.

 

SECTION III:

Removing CH 306.065 from the Orenian Revised Code

 

The following section shall be stricken from the Orenian Revised Code:

306.06E - An individual who was previously a pure-blooded or mixed-blooded person that is no longer a descendant, but who is not necrotic in nature, will retain their personhood.

 

As introduced by,

    Members of the Commons Conrad Barclay,

On This Harren’s Folley, 1784.

 

As penned by,

    Legal Archivist ZAVIER CARRANZA.

 

As affirmed by,

    Her Excellency, the Director of Civil Affairs,

    Princess JOSEPHINE AUGUSTA.

 

    Issued and proclaimed,

    Joseph II, by the grace of GOD Holy Orenian Emperor, forever August, King of Renatus, Curon, Salvus and Seventis, Defender of the Faith, Duke of Adria, Novellen and Lorraine, Baron of Renzfeld, Protector of the Heartlanders, Highlanders and Farfolk, etcetera.