============================== CFJ 1293 ==============================
Kelly's Order to Razl <firstname.lastname@example.org>
was improperly or invalidly executed.
Called by Razl: 08 May 2001 02:59:31 GMT
Assigned to Peekee: 11 May 2001 02:07:07 GMT
Judged TRUE by Peekee: 14 May 2001 14:58:17 GMT
Order(s) stayed: 14 May 2001 17:57:42 GMT
I refer the judge to Evantine's judgement of CFJ 1274, regarding t's
order for everyone to make fewer bids in the next auction:
> The relevant standard for determining the validity of an order is
> Rule 1796, which states, "In order to be proven valid by CFJ,
> the Rules must permit the Player who executed the Order in question
> to execute such an Order, that the execution of the Order must
> have been required by or permitted in the circumstances which
> existed at the time it was executed, and that the Order has not
> been rendered invalid by the operation of any other Rule."
> The order in question, which is repeated below in Exhibit A,
> would fall under the category of either an "Administrative Order"
> if it was done as the Assessor, or a "Private Order" if it was
> done as an individual. We do not seek to judge whether the order
> was Administrative or Private. Either way, nowhere in the
> Rules is this type of order permitted, required, or even described.
> Thus, we must assume that it was invalid.
Judge Peekee's Evidence:
The order in question
As Speaker, I hereby Order the Notary to:
(a) To the extent legally possible, pay all uncontested debts of all
entities possessing abandoned Property;
(b) To the extent legally possible and to the extent that it would not
inconsistent with (a), above, make an effort to transfer all
abandoned Property to the Bank; and
(c) refrain from Objecting to eir own declarations of intent to do so
as required by (b).
These Orders are made on the grounds that I believe that they are in
the best interests of Agora, and as such are appropriate in the
circumstances in which they are made.
I advise the Notary that if e fails to comply with these Orders, I
will have to seriously consider Calling an Election for the Office of
Rule 1796/0 (Power=1)
Validity of Orders
All Orders executed in the manner prescribed by the Rules for
their class and type are presumed valid and enforceable until
proven otherwise by CFJ.
In order to be proven valid by CFJ, the Rules must permit the
Player who executed the Order in question to execute such an
Order, that the execution of the Order must have been required
by or permitted in the circumstances which existed at the time
it was executed, and that the Order has not been rendered
invalid by the operation of any other Rule.
Furthermore, no Order may act to prevent or hinder its own
appeal in any way, and any portion of an Order which has this
effect is void and without force.
Judge Peekee's Arguments:
Looking at the second paragraph, it would seem that the Rules do not permit
Kelly to execute the order in question and as such it is not valid, hence
invalid, and as such should be vacated be me the Judge.
To go into more depth,
If the order is Administrative: "An Administrative Order is an Order
executed by an Officer in the course of performing the duties of that
Office"... I can not see that the order in question corresponds to any of
Kelly's duties as an Officer, and as such fails as an Administrative Order.
(although I wonder if the Payroll Clerk had made the order would be part of
eir duty "...to pay out Salaries"? e.g. Stems are needed to pay out Salaries
and as keeping Stems in good order helps (or is even necessary) to do that,
as such e has a duty to keep Stems in good order.)
So the only reasonable option is for the Order to be a Private Order,
however again I can see no reasonable point in the Rules that would permit
Kelly to make such an Order. (Although Rule 1793/0 (Power=1) "Orders",
states "An Order may be directed to the holder of an Office..." the Rule is
clearly not intended to permit anybody to direct any order at any Office.)
I hereby Judge the CFJ TRUE.
I hereby vacate the above Order.