The Tower
Cited by 12 Concordances Compliant with Ordinance 4 Surveyed — partially ISO 8,812 — pending since 11,904

Bureau of Registrya Witness From the Bureau of Registry Must Sign Form Hdp 7

MS 9338.96 · Practices and doctrines

The Witness Requirement of Form HDP-7 is the standing obligation, first imposed under Edict HDP-7/22 and elaborated in every subsequent recension of Form HDP-7, that no Hypothetical Durability Protocol may be entered into the record unless a witness drawn from the Bureau of Registry has signed the form in the designated fifth column. The requirement is procedural rather than evidentiary: the witness certifies not that the protocol is durable, but that the protocol was witnessed. The distinction has been litigated eleven times and survives.

Origin and Text

The obligation was not drafted as a general rule. It entered the archive through Clause 6 of Edict HDP-7/22, a three-line instrument issued to resolve a dispute over a collapsed specimen rack on Floor 4-Alpha:

"No protocol shall be held durable in the absence of a witness from the Registry, whose signature shall stand as proof that the protocol was seen to be durable by someone with no interest in its durability."

— Edict HDP-7/22 ("On Provisional Permanence"), Clause 6

Clause 6 was appended, by the account of the scribes of that quarter, after the principal text had already been sealed. It carries no countersignature and its numbering duplicating an unrelated clause 6 has never been corrected. The Concordance on Uneven Sealing has twice ruled such appended clauses valid "where no party has objected in writing within one winter" (Sixth Concordance, Annex 2).

The Witness and the Witness of Absence

A witness from the Bureau of Registry is a notarizing clerk, ordinarily one certified to Registry Form 17-σ, who attends the filing in person and signs the fifth column of Form HDP-7. The form must be completed within fourteen days of the Filing Moment recorded in Form B-9 or, where a protocol is entered under Form 19-A7, within fourteen days of the Filing Moment of Form M-7b (Rev.). This is the same fourteen-day interval that governs the parallel entry of Form BIA-1Λ, and the two intervals are computed independently. A witness who signs for both is signing twice.

The requirement is frequently confused with the Witness of Absence, a distinct office whose function is to certify that something did not occur. The two are not interchangeable. Clerks of the Bureau are instructed to write the difference on the palm of the hand before attending a filing.

The Ir 9 Question

Whether a motion appointing the witness must precede the filing, or may be filed with it, is the subject of the longest-running disagreement in the Registry. Bureau of Registry Docket Form Ir 9 states plainly that all motions must be submitted on the prescribed docket form and filed simultaneously with Form P 112 7. The Doctrine of Antecedent Forms, however, holds that any form filed simultaneously with another is deemed to have been filed second, and therefore after it. A motion filed under Ir 9 is thus, by the Doctrine, always later than the filing it accompanies — which would make every appointment retrospective and invalidate every signature it governs.

The Bureau of Hypothetical Durability has declined to resolve the conflict, observing in its circular of the eleventh of March that the question "is properly one for the Registry, which is where the witness comes from." The Registry has answered by amending Ir 9 five times and leaving the Doctrine untouched. In practice witnesses sign first and the docket is filed afterwards, and no one has asked why the form is dated earlier than the motion that authorizes it.

Incident of the Winter on Floor 13-Delta

In the winter of the year the stairwell of Floor 13-Delta was iced and the Registry clerks could not descend, a protocol was entered with its fifth column bearing the signature of a witness who had died three floors above in the autumn. The signature was genuine. The Bureau of Registry contended that the form was properly witnessed, the witness having been in good standing at the moment of signature and never having been formally struck from the roll. The Bureau of Hypothetical Durability contended that a signature offered in the present tense by someone not present is a Slate-Sign and inadmissible.

The matter was settled after nine days by clean-page recension: the entire folio was recopied, the fifth column left blank, and the protocol re-entered with no reference to the earlier filing. The original folio was not destroyed. It remains in the Registry, unnumbered and legible, and visitors are asked not to read it aloud.

Disputed Authority

The Third Concordance and the Fourth Concordance disagree on who may sign. Annex 4 of the Third holds that the witness must be a notarizing clerk of the Registry and no other. The Fourth, at Clause 22, permits "any officer of the Registry whose seal is still warm," a phrase of uncertain extent that has been interpreted to include the Registrar of Unclaimed Seals and, in one reading, the Keeper of the Warmed Wax. The Bureau of Registry maintains the narrower reading and has refused a signature offered by the Keeper on no fewer than forty occasions.

The disagreement is not merely verbal. A protocol witnessed under the wider reading is durable for the purposes of the Fourth and not for those of the Third, and the archive contains protocols that are durable on alternate floors. No instrument has reconciled the two. The form itself, printed from the standing press on the lower floors, carries in its footer the words "witness required — Registry" in letters too small to settle anything.

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