==============================  CFJ 1353  ==============================

    Craig has more than 200 Stems.

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Caller:                                 Murphy
Barred:                                 G.
Barred:                                 teucer

Judge:                                  t
Judgement:                              FALSE

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History:

Called by Murphy:                       26 Apr 2002 03:47:15 GMT
Assigned to t:                          02 May 2002 15:50:19 GMT
Judged FALSE by t:                      04 May 2002 22:14:14 GMT

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Caller's Arguments:

Although I am not Treasuror, I am Payroll Clerk and thus Executor of the
Bank (which is what I should have said).

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Caller's Evidence:

Goethe wrote:
> Murphy wrote:
> > As Treasuror and Executor of the Bank:
> > The Bank transfers 120 Stems, 1 Papyrus, 1 Indulgence, and 0.5 VEs to
Craig.>
> Aherm.
>
> > Treasuror      Goethe    23 Sep 2001  Goethe    23 Sep 2001  15 May 2002
>
> As the *actual* Treasuror and executor of the Bank, I transfer (on behalf
> of the Bank) 120 Stems, 1 Papyrus, 1 Indulgence, and 0.5 VEs to Craig.
> [Won't catch up with the rest until the weekend, but jeeze, turn my back
> for a second...].  ps.  Welcome, H. New Player Craig!!

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Gratuitous Arguments by G.:

Murphy's attempted transfer was performed "as Treasuror and Executor of
the Bank" (which e was not) not as "Payroll Clerk and limited Executor of
the Bank" (which e is).  So it was clear on whose behalf e was acting (the
Bank's) but not on whose authority (Treasuror's or Payroll Clerk's).  In
determining the success of the Stems portion of Murphy's transfer, I urge
the judge to examine Rule 1478(d)'s possible conflict the clarity of Rule
1630, which suggests that the whole action be considered a Crime against
the Rules (and thus, perhaps, unsuccessful) if performed while claiming
incorrect powers of executorship.

Of course, 1630 does not allow for the defense of "willingness to deceive"
but I would urge that this standard of mercy be applied.

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Judge t's Arguments:

Another day, another CFJ. The facts of the case:

1. On Thursday, 25 Apr 00:49:57, Craig registers as a new Player, becoming
subject to a Grace Period (R869).
2. After the beginning of eir Grace Period, the Registrar must, as soon as
possible, Order the Treasuror to pay out the New Player Award to em
(R1677).
3. On Thursday, 25 Apr 05:39:08, Murphy attempts to transfer the New
Player Award for each currency to Craig, claiming to be acting as the
Treasuror and the Executor of the Bank.
4. On Thursday, 25 Apr 23:53:57, Goethe attempts to transfer the New
Player for each currency to Craig, claiming to be acting as the Treasuror
and the Executor of the Bank.

At the time of these events, Murphy was the Payroll Clerk and thus the
Limited Executor of the Bank empowered to transfer Stems from the Bank
(R1909, R1478, R1470). Goethe was the real Treasuror and thus the Executor
of the Bank (R1470). Goethe was also the Registrar.

The caller Murphy argues that while e was not really the Treasuror and the
Executor of the Bank, e was, as the Payroll Clerk, authorized to transfer
Stems, therefore transferring the New Player Award in Stems (only) to
Craig. Should this be judged true, Craig has been paid the New Player
Award in Stems twice, resulting in em possessing 240 Stems at the time of
the CFJ (the New Player Award in Stems being 120 Stems). Should Murphy's
attempted transfer be judged invalid, Craig will not possess over 200
Stems, making this CFJ false.

The court would like to discuss another point first, however. There is no
evidence of Registrar Goethe Ordering the Treasuror to pay out the New
Player Award to Craig. Such Order would be an Administrative Order
(R1794). Administrative Orders are executed by publication (R1808), that
is, by sending that Order publicly (R478). As no such message has been
received by the Judge, e deems that no such message has been sent.

This breach of proper procedure means that the Registrar has possibly
committed the Infraction of Tardiness and that, even if this CFJ is Judged
false, the debts that the Bank ostensibly owed to Craig haven't been
incurred yet (R1479, CFJ1301). The court would like to suggest a remedial
procedure: After the Registrar has done eir job, the Bank should probably
demand the return of the transferred Properties (R1598(f)) and then
forgive these debts and its own debts to Craig (R1596(e)). While the New
Player Award procedure defined by Rule 1677 is more complicated than it
could be, following it properly would probably have averted the even more
complicated mess the court is currently looking at.

Now, to the decision of the case, which turns out to be a simple matter.
Murphy's message stated:

> As Treasuror and Executor of the Bank:
> The Bank transfers 120 Stems, 1 Papyrus, 1 Indulgence, and 0.5 VEs to
> Craig.

While Murphy was empowered to transfer Stems from the Bank, that is not
the case for the other Properties e attempted to transfer. This does make
a difference. Rule 1598(b) says:

      (b) A valid Notice of Transfer must additionally:
          (1) specify one or more Properties all of which are owned by
              the transferor; and
          (2) be sent by the Executor of the transferor, or by a
              Limited Executor of the transferor with the authority to
              execute transfers on behalf of that entity with respect
              to all of the Properties involved.

As Murphy did not have the authority to transfer Papyri, Indulgences or
Voting Entitlements from the Bank, eir Notice of Transfer was invalid.
Rule 1598(c) makes it clear that only valid Notices of Transfer cause
transfers of Property. Therefore, Murphy's attempt to transfer Stems from
the Bank to Craig failed.

Based on the reasons outlined above, the court Judges this CFJ FALSE.

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