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Aoife the Celt

Petition for Declaratory Judgement of Death

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UNTO THE MOST HONOURABLE JARLS OF THE MAGISTRATES' TRIBUNAL OF THE COURT OF THE REALM

A Petition for Declaratory Judgement of Death

Lady Aoife the Celt of the House of the Descendants of Freyja, Krónjarla of Stormark, Imperial Chieftainess of the Sólareyjar,

Bloodroyal and Ærkejarla of the Sólareyjar, Lady Imperial on All Continents, Lady of Avalon

Petitioner.

Galinn Karisson of the House of Leirvik

Respondent.

PETITIONER HUMBLY SHEWETH:-

1. That Petitioner was joined in Holy Matrimony with Respondent on 19 Noatun 7 which corresponds with 9 March 2008.

 

2. That Respondent has disappeared, not giving any sign of life since 22 Vidiland 12 which corresponds with 11 Jan 2013.

 

MAY IT THEREFORE please Your Most Honourable Jarlships to declare Respondent, Galinn Karisson of the House of Leirvik, legally dead under the Udal Law of the High Realm.

 

 

Signed,

 

Lady Aoife the Celt of the House of the Descendants of Freyja

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In the matter before
THE MAGISTRATES' TRIBUNAL OF THE COURT OF THE REALM
between
HER IMPERIAL AND ROYAL HIGHNESS THE KRÓNJARLA OF STORMARK
Petitioner
and
HIS GRACE, GALINN KARISSON OF LEIRVIK
Respondent
An Order.
(8 Sessrumnir in Folkvanger 13)
1. The matter before the Court is a petition by Her Imperial and Royal Highness the Krónjarla (Aoife the Celt) to declare her husband, His Grace Galinn Karisson of Leirvik, dead.
2. The evidence provided by HI&RH the Krónjarla leaves little room to doubt the truth of it. However, the High Law mandates that each party is allowed to appoint ad-hoc judges in all cases. [HL 4:II:2]
3. Given that Lord Karisson has been absent for a great amount of time, it is not unreasonable to think he would not appear before the Court and Tribunal, however contact may be tried to be established. Someone on his behalf ought to be appointed in that case.
4. Normally such an appointment would be a next-of-kin, but in this instance, the next-of-kin, Lord Karisson's wife, is the petitioner while Lord Karisson is the respondent. Nevertheless, she is the next-of-kin, whatever the circumstances.
5. Should both petitioner and respondent waive their rights to ad-hoc magistrates, an issue of potential conflict of interest for the petitioner would be avoided. If she does not do that, however, the Court and Tribunal must address what other person could represent the respondent and appoint a member of the Tribunal in his stead. In the event, though, that the right is waived, the issue would be must simpler for the Tribunal to address and a judgment would much simpler be reached.
6. The petitioner, HI&RH the Krónjarla, is ordered to declare before the Court and Tribunal whether she waives her and her husband's rights to appointments or not, and she is thus ordered to do within thirty-six hours from the issuance of this order. Should she not declare anything before the Court and Tribunal before then, a default waiver will be submitted by the Tribunal in both parties' names.
7. In the unlikely event that Lord Karisson does indeed appear before the Court and Tribunal before the end of 36 hours, or the submission of his wife before it, paragraph 6 will be thus construed that both parties may either waive their right or appoint ad-hoc magistrates, and in the event of appointing magistrates ad-hoc, declare their nominees.
So ordered.
VILHJALM JARL KORMAK AV NIÐAROOS OK LONGSKIPAOYJONOM
Chief Magistrate of the Court of the Realm

 

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Your Grace,

 

I, Lady Aoife the Celt of the House of the Descendants of Freyja, Krónjarla of Stormark, Imperial Chieftainess of the Sólareyjar, Bloodroyal and Ærkejarla of the Sólareyjar, Lady Imperial on All Continents, Lady of Avalon, have come before the Magistrates' Tribunal of the Court of the Realm to declare that I hereby, under the second clause of Article II of the Fourth Chapter of the High Law of the High Realm of Stormark, waive both my and my husband's right to appoint an ad-hoc magistrate to the Magistrates' Tribunal to hear and adjudge this current case that is now pending before the Tribunal aforesaid.

 

Signed,

 

Lady Aoife the Celt of the House of the Descendants of Freyja

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In the matter of before

THE MAGISTRATES' TRIBUNAL OF THE COURT OF THE REALM

between

HER IMPERIAL AND ROYAL HIGHNESS, LADY AOIFE THE CELT, THE KRÓNJARLA OF STORMARK

Petitioner

and

HIS GRACE, GALINN KARISSON OF LEIRVIK

Respondent

 

Regarding a petition for declararatory judgment of death, the Tribunal, composed of Vilhjalm Jarl Kormak av Niðaroos-Longskipaoyjonom, chief magistrate of the Court, gives judgment, in the name of His Imperial and Royal Majesty the High King:

 

Judgment

 

Petitioner, Lady Aoife the Celt, is the Kronjarla of the High Realm. She entered into marriage with Respondent on 9 March 2008. Given the prolonged absence of her husband, Petitioner asks the Tribunal to declare him (the respondent) legally dead.

 

Petitioner submitted to the Tribunal a screenshot of the board profile of Galinn Karisson, indicating that he has not given any sign of life in the High Realm since 11 January 2013.

 

On behalf of her husband and for her own sake, Petitioner waived the rights to appoint ad-hoc magistrates. Had this not been done, awkward legal issues may have arisen.

 

The udal law of the Realm maintains that after a prolonged absence without any hint of life of a Patrician, an interested party can request a judgment declaring the Patrician concerned legally dead. This happened, for example, in the case of the former mortal wife of the High King, High Queen Asa, who was declared legally dead after an absence. There is therefore no doubt of the legality of declaring someone legally dead after a prolonged absence.

 

The time of absence of the Respondent is more than seventeen Gregorian months. That must be considered sufficient to merit a declaration of legal death for him.

 

For these reasons, the Tribunal orders the declaration of legal death upon the honourable gentleman, His Grace, Galinn Karisson of the House of Leirvik. The High Council of the Realm is instructed to take note of this order and comply with it.

The Tribunal recommends to the Althing to enact laws in the matter of legal death, so that in the future, the Tribunal will not be subject to awkward legal procedures in determining the appointments of ad-hoc magistrates.

 

Given at the Court of the Realm at Thingvellir this eight of Sessrumnir in Folkvanger in the year of the second Viking age, the thirteenth.

 

Vilhjalm Jarl Kormak av Niðaroos-Longskipaoyjonom

Chief Magistrate of the Tribunal

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