Indya Kincannon's disclosure covering January - June 2009 is signed by Kincannon as the candidate and treasurer. That is allowed by law. However, the question is concerning the witnesses to the signatures. The witnesses are her minor children. Clearly the legislative intent in requiring a witness would be an individual of an age of accountability and maturity. Definitions of witness are –verb (used with object) 1. to see, hear, or know by personal presence and perception: to witness an accident. 2. to be present at (an occurrence) as a formal witness, spectator, bystander, etc.: She witnessed our wedding. 3. to bear witness to; testify to; give or afford evidence of. 4. to attest by one's signature: He witnessed her will. –verb (used without object) 5. to bear witness; testify; give or afford evidence. –noun 6. an individual who, being present, personally sees or perceives a thing; a beholder, spectator, or eyewitness. 7. a person or thing that affords evidence. 8. a person who gives testimony, as in a court of law. 9. a person who signs a document attesting the genuineness of its execution. 10. testimony or evidence: to bear witness to her suffering. Previous legal definitions of witness concerning children are; though formerly it was held by some judges that it was a presumption of law that the child was incompetent when he was under seven years of age. Gilb. Ev. 144; 1 East, R. 422; 1 East, P. C. 443; 1 Leach, 199. When the child is under fourteen, he is presumed incapable until capacity is shown; 2 Tenn. Rep. 80; 19 Mass. R. 225; and see 18 John. R. 105; when he is over fourteen he may be sworn without a previous examination. 2 South. R. 589 Clearly the signatures are under the age of fourteen. Now, Administrator McKae makes over $100,000. 00 a year and his Deputy Administrator Frith makes over $80,000.00 and they can not ensure these documents comply with the law.
No comments:
Post a Comment