Petition regarding the Bacchic Fund

Announcements by and petitions to the Kaiser of Shireroth.

Moderator: Kaiser Fish XII

Post Reply
User avatar
phineas elastopon
Posts: 97
Joined: Tue Sep 01, 2009 2:42 am

Petition regarding the Bacchic Fund

Post by phineas elastopon »

Your Niftiness, the Kaiser B'Caw the first of the name, Lord of the Golden Mango Throne and Wielder of the Sword of Vengeance, greeting.

My name is Phineas Elastopon, currently a citizen of Antica, Stormark and Ashkenatza, all nations well known and well beloved/hated by Shireroth. I was a citizen of Shireroth previously under the names "Benkern", "B3n|<3|\|" (or something similar) and "Bacchus". I had a religious thing while I was revising for a classics exam. Before that I was an honorary citizen and before that, I was just chillin' with Jonas, Jacobus, Carol, and a few others, back in '07, when Shireroth was dead-as.

I left Shireroth yesterday one year ago, to take a temporary break in Antica. I can't really remember why I left, such is the overwhelming power of the LIGHT OF ANTICA, but one of the main reasons was because the Church of Dionysus that I founded failed a bit. But I left my affairs in order- I established the first Trust in Shirerithian history to my knowledge, the Bacchic Trust. I definitely intended to return, you see. The trustees were Ardy and Jacobus and it was witnessed by your predecessor Kaiseress Anandja I Du'Grifos. It protected about 950 erb in a Shirerithian bank account called the Bacchic Fund and 2000 erbs-worth of troops called the Marechaussee of Mar Sara, which I paid for out of my own pocket under the SCIRA system.

Some reforms of the military have gone on since I left and essentially the Bacchic Trust has been stripped of ~2/3s of its worth. The Marechaussee has disappeared, but even if it was returned to me, it would be worthless due to the fact that the military system under which it was purchased no longer exists.

What I am petitioning the Kaiser for now is compensation for that loss. I'm not a citizen, and have no rights- not that citizens have many rights around these parts anyway ;) - but I'm not asking you to respect my wishes, but instead the requirements of the Bacchic Trust agreement which was witnessed and therefore affirmed into law by a Kaiseress. No Kaiser can bound zir successor, but for the sake of the rule of law, I would ask that Your Niftness respects the Trust agreement and agrees to compensate me 2000 erb for the loss of the Marechaussee.

I first took the matter to the MiniTrade and you can read his opinion here. He stated that he believes were you to compensate me, you might have to compensate all those others who paid for troops under SCIRA. If you want to do that, you could. I would argue however that the 'Economic Circumstances' terms of the Bacchic Trust agreement guarantee lend weight to the idea that mine is a special case.

Thank you for reading, if you did read all that. :sleep Here's a copy of the trust agreement for your delectation:
Kaiseress Anandja I wrote:
THE BACCHIC TRUST

Between

Bacchus
(Settlor)

and


Jacobus Loki
(Trustee)

and

The Khan of Vijayanagara
(Trustee)

Settlement

1.0 Bacchus, hereafter referred to as the Settlor, of Yardistan, hereby settles the Bacchic Trust with Jacobus Loki of Yardistan and The Khan of Vijayanagara of Elwynn, as trustees, hereafter referred to as the trustees.

1.1 The settlor and his issue shall be the sole beneficiaries of the trust.

The Bacchic Fund

2.0 The assets over which the trustees have power shall be:
-The entirity of the liquid funds located in the Small Commonwealth Bank account "The Bacchic Fund", which stand at 955.59 erbs and;
-The Marechaussee of Mar Sara and the men, equipment and other assets contained therein.

Duty of Care

3.0 When dealing with official matters relating to the trust or the assets of the Bacchic Fund, a trustee must exercise such care and skill as is reasonable in the circumstances.

General Power of Investment

3.1 A trustee may make any kind of investment that he could make if he were absolutely entitled to the assets of the trust.

Power of Appointment

3.2 The trustees shall have the power to appoint the assets controlled by the Bacchic Trust to any beneficiary in proportions determined to be relevant and fair to all the circumstances of the beneficiaries of the trust.

3.3 The trustees shall be obliged to appoint any amount of the assets controlled by the Bacchic Trust to any beneficiary at the behest of the settlor.

Further Trustees

3.4 The trustees may make any person a trustee with the approval of the settlor.

Further Beneficiaries

3.5 The trustees may make any person a beneficiary with the approval of the settlor.

Economic Circumstances

4.0 Should the economic circumstances warrant, the trustees may invest the liquid assets contained in the Bacchic Fund into property or other tangible assets to preserve their worth.

4.1 The trustees must aim to preserve the worth of the assets of the Bacchic Fund.

Amendment

5.0 The terms regulating the Bacchic Trust as outlined in this document may be amended only with approval of the settlor.

Revocability

5.1 The settlor may only revoke this trust with the approval of the trustees.

SIGNED: Bacchus (Settlor)
BACCHUS DIONYSOS PSEUDANOR
3631 ASC

SIGNED: Jacobus Loki (Trustee)
__________
36** ASC

SIGNED: The Khan of Vijayanagara (Trustee)
ARDASHIR PIROZ MOQTADA AL OSMANI
3631 ASC

SIGNED: Kaiseress Anandja I (Witness)
KAISERESS ANANDJA I DU'GRIFOS
3631 ASC
Phineas Elastopon (formerly known as Benkern, Bacchus etc.)
Republic of Antica
Inquisitor

User avatar
Kaiser B'caw I
Posts: 202
Joined: Fri Jul 09, 2010 6:59 pm

Re: Petition regarding the Bacchic Fund

Post by Kaiser B'caw I »

Sorry for the delay in replying there; I've been considering the matter, and economic matters are not quite my fortè.

Although I am not particularly enthusiastic about the idea of opening the way to a potential flood of requests for compensation, I am willing to agree that the terms of the trust agreement warrant the treatment of your own request as a special case; because the value of the Bacchic Fund cannot be maintained as is, due to the dependence of that value on the military system during which it was formed, the trust agreement cannot be upheld in the current situation.

So I will rule that you may receive compensation for the purposes of upholding the Trust Agreement, for that reason only, and that the fact that military assets are involved as assets is incidental to the ruling; unless another claimant can demonstrate that being uncompensated for military forces under the SCIRA system will force the violation of some similar agreement, this precedent will not apply.
Image

User avatar
phineas elastopon
Posts: 97
Joined: Tue Sep 01, 2009 2:42 am

Re: Petition regarding the Bacchic Fund

Post by phineas elastopon »

The delay is no skin off my nose. Your generosity and wisdom know no bounds, good Kaiser, and I thank you for your specific attention to the Trust agreement. It was for situations like this that I ensured its creation in the first place. I'll bring your ruling back to the MiniTrade and they can work out the specifics of compensation with your blessing.
Phineas Elastopon (formerly known as Benkern, Bacchus etc.)
Republic of Antica
Inquisitor

Erik Mortis
Posts: 7238
Joined: Thu Oct 02, 2003 10:37 pm
Location: County of Monty Crisco
Contact:

Re: Petition regarding the Bacchic Fund

Post by Erik Mortis »

I think my old Insurance once sent me a letter like that when I told them they owed me money...

Post Reply

Return to “Kaiser's Court”

Who is online

Users browsing this forum: No registered users and 9 guests