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THE COURT on its own motion makes the following facts upon the court record the contents of the Judicial Cognizance dated Aug 17, 1954:
Title 28 U.S. Code § 1746 - Unsworn declarations under penalty of perjury;
Wherever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form:
(1) If executed without the United States: “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date).
(Signature)”.
THE REPUBLIC OF AMERICA STANDS UNDER COMMAND OF A TRIBUNAL/SPECIAL MASTER; Continued education link; https://www.law.cornell.edu/uscode/text/28/1746
Internal Revenue Code of 1954:
Public Law 83-591
Internal Revenue Code of 1954
by the 83rd Congress of the United States
Pub.L. 83−591, 68 Stat. 730, H.R. 8300, enacted August 16, 1954
83RD UNITED STATES CONGRESS
2ND SESSION
An Act
To revise the internal revenue laws of the United States.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That
(a) CITATION.—
(1) The provisions of this Act set forth under the heading “Internal Revenue Title” may be cited as the “Internal Revenue Code of 1954”.
(2) The Internal Revenue Code enacted on February 10, 1939, as amended, may be cited as the "Internal Revenue Code of 1939".
(b) PUBLICATION.—
This Act shall be published as volume 68A of the United States Statutes at Large, with a comprehensive table of contents and on appendix; but without an index or marginal references. The date of enactment, bill number, public law number, and chapter number, shall be printed as a head note.
(c) CROSS REFERENCE.—
For saving provisions, effective date provisions, and other related provisions, see chapter 80 (sec. 7801 and following) of the Internal Revenue Code of 1954.
( See: Title 26 U.S.C. Section 7806; (a) Cross References & (b) Arrangement and classification; No inference, implication, or presumption of legislative construction by reason)
(d) ENACTMENT OF INTERNAL REVENUE TITLE INTO LAW.—
The Internal Revenue Title referred to in subsection (a) (1) is as follows:
INTERNAL REVENUE TITLE
[edit]
Approved August 16, 1954.
Internal Revenue Code of 1954 (See: Title 26 U.S.C. Sec 7701 (a) (9); United States & Title 26 U.S.C. Sec 7701 (a)(10); State & Title 26 U.S.C. §7701(a) (14); Taxpayer [ only referencing person of the contracting sovereigns Vessel U.S.A. ] & Title 26 U.S.C. §7701(a)(1); Person (twin dead legal entity Vessel U.S.) all have no legal affect accept person of the contracting sovereign in his court of record, any legislative construction created verbally or reduced to written form is prohibited and becomes evidence of the breach of a false declaration before a grand jury or court, fraud on a court of record, sedition on the people of the republic, and misprision of treason, any(citizen) agent, administrator, who breaches this according to law of nation (International law) Title 18 U.S.C. Sec 1652 Citizen as Pirate; by definition is operating under the pretense of authority, or under the color of a commission and that person is a pirate, in piracy & privateering, that person moving forward is no longer a citizen, has no protections, no rights, and becomes the enemy of people of the republic, and all mankind) All are CAUGHT!
TITLE 26 U.S. Code § 7806 - Construction of title;
a) Cross references
The cross references in this title to other portions of the title, or other provisions of law, where the word “see” is used, are made only for convenience, and shall be given no legal effect.
(b) Arrangement and classification
No inference, implication, or presumption of legislative construction shall be drawn or made by reason of the location or grouping of any particular section or provision or portion of this title, nor shall any table of contents, table of cross references, or similar outline, analysis, or descriptive matter relating to the contents of this title be given any legal effect. The preceding sentence also applies to the side-notes and ancillary tables contained in the various prints of this Act before its enactment into law. :https://www.law.cornell.edu/uscode/text/26/7806
(Aug. 16, 1954, ch. 736, 68A Stat. 917.)26 U.S. Code § 7806 - Construction of title
THE COURT, on its own motion, makes the following findings upon the court record the contents of the judicial notice dated May 5, 1999:
1. The Tribunal is one of the People as contemplated in the Preamble of the California Constitution, the constitution of the Unites States, and the constitution for the Unites States of America.
2. This court is a court of record: (IN SESSION 24 HRS A DAY 7 DAYS A WEEK)
3. All parties, public, private, local government, civil & Federal, and court personnel have now been properly apprised of the foregoing and forwarding:
DATED: May 5, 1999 - to present court findings in this judicial notice of the following:
LITIGATION. A contest authorized by law, in a court of justice, for the purpose of enforcing a right.
“The Sheriff is the “Chief Executive and Administrative Officer” of a county chosen by popular election. His principal duties are in aid of the criminal and civil courts of record, [common law courts];-- Harston v. Langston, Tex.Civ. App., 292 S.W. 648, 650.
The word "court" is often employed in statutes other wise than in its strict technical sense, and is applied to various tribunals not judicial in their character, State vs. Howat, 107 kan. 423, 191 P 585, 589;
The criminal court is an (TRAP No) inferior court because it is operating according to special rules (criminal code) and not according to the common law. Even if its name is "Superior Court of . (Trap No inferior court) ..." it is still an inferior court so long as it is operating according to some code or statutes rather than the common law. See California evidence code - EVID 451 and 452 document for more detail: 36f1f6b1-1731-43cf-809f-623f31fa5fbf
On the other hand, a court of record, so long as it meets the criteria, is a true superior court. (A "judicial Tribunal" operating his "Person" vessel in his court of record)
Title 18 U.S. Code § 9 - Vessel of the United States defined: The term “vessel of the United States”, as used in this title, means a vessel belonging in whole or in part to the United States, or any citizen thereof, or any corporation created by or under the laws of the United States, or of any State, Territory, District, or possession thereof.
"governmental entity" (Any agents, sheriffs, officers, judges, vessel of operation, which they speak and act for and on behalf of, to a "Person" legal entity "Vessel" of the contracting sovereigns we the people)
Personal treaties relate exclusively to the "persons" of the "contracting sovereigns", such as family alliances, and treaties guaranteeing the throne to a particular sovereign and his family. As they relate to the "persons", they expire of course on the death of the sovereign or the extinction of his family.
Title 18 USC § 2711(4)(4) the term “governmental entity” means a department or agency of the United States or any State or political subdivision thereof. (public entity) ( A____ Vessel of the United States )
Person - defined at Title 26 U.S.C. §7701(a)(1) only referencing statutory legal fictions: https://www.law.cornell.edu/uscode/text/26/7701 ("private" entity exclusive through personal treaty see above) (A ___ Vessel of a private citizen of the United States one of the contracting sovereigns)
Canon 1: A Judge Should Uphold the Integrity and Independence of the Judiciary An independent and honorable judiciary is indispensable to justice in our society. A judge should maintain and enforce high standards of conduct and should personally observe those standards, so that the integrity and independence of the judiciary (See: Court of record: Judaical tribunal integrity) may be preserved. The provisions of this Code should be construed and applied to further that objective.
Note: Canon 1 ; States that the Judge should uphold the independence of the judiciary; In a court of record the judicial tribunal exercising functions independently of the “person” of the magistrate (Judge) proceeding under common law, its acts and proceeding, enrolled for perpetual memorial has power to fine and imprison for contempt generally possesses a seal... If you still have a hard time understanding review Title 28 U.S.C. Sec 454; & 955; & 455 & 452 and 452 Cal Evidence Code Document: See note no inferior courts; Furthermore the commentary sections in the posted publication is a clear example of the breach of citizens as pirates;
Title 18 U.S.C. Sec 1652 citizen as pirates: Whoever, being a "citizen of the United States", (ANY AGENT, SHERIFF, OFFICER, JUDGE, MAGISTRATE,) commits any "murder or robbery", or any "act of hostility" against the United States, or "against any citizen thereof",( aka SUPERIOR COURT JUDICIAL TRIBUNAL) on the high seas,( IN THE ADMIRALTY OR MARITIME JURISDICTION OF THE UNITED STATES UNDER an attack from the COMMAND OF A "GOVERNMENTAL ENTITY") "under color of any commission" (UNDER COLOR OF LAW ) from any foreign prince, or state,( IN THE "UNITED STATES" OR ANY "STATE" ) or "on pretense of authority" (IN AN INFERIOR COURTS "governmental entity", any SHERIFF, AGENT, JUDGE, OFFICER,) from "any person, is a pirate", and shall be "imprisoned for life". (June 25, 1948, ch. 645, 62 Stat. 774.)...
Piracy [COMMENTARY: Deference to the judgments and rulings of courts depends on public confidence in the integrity and independence of judges.] Piracy
This statement on its face is (prima face) evidence of Piracy, Privateering, and Fraud on a court of record, sedition on the people of the republic, and misprision of treason; furthermore it follows in the project rule of the old deluder Satan law of 1647; It being one chief project of that old deluder, Satan, to keep men from the knowledge of the Scriptures, as in former times keeping them in an unknown tongue, so in these later times by perswading from the use of tongues, that so at least the true sense and meaning of the Originall might be clowded by false glosses of Saint-seeming deceivers; and that Learning may not be buried in the graves of our fore-fathers in Church and Commonwealth, the Lord assisting our indeavors: it is therefore ordered by this Court and Authoritie therof; Continued education link: https://www.mass.gov/files/documents/2016/08/ob/deludersatan.pdf
The COMMENTARY: should state: Deference to the judgments and rulings of courts depends on public confidence in the integrity and independence of judicial tribunals.
Furthermore this would be the correct definition based on all the surrounding evidence which proves it to be accurate and true, one could say common knowledge within the territorial jurisdiction of this superior courts judicial tribunal. These facts presented herein by this superior courts judicial tribunal are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy. Which would be correct in the legal and lawful system and in line with the definition of deference. (See Below: definition of deference)
Judicial Notice: a breach of Title 18 U.S.C. Sec 1623; False declarations before grand jury or court; (This is also a breach of Title 18 U.S.C. Sec 1652 Citizens as Pirates; & 1651 through 1661; & 1658;)
(a) Whoever under oath (or in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code) in any proceeding before (a Judge's declaration) or ancillary to any Court (A__ Court of records ; Judicial Tribunal) or grand jury ( of 25) of the United States knowingly makes any false material declaration or makes or uses any other information, including any book, paper, document, record, recording, or other material, knowing the same to contain any false material declaration, shall be fined under this title or imprisoned not more than five years or, if such proceedings are before or ancillary to the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review established by section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803), imprisoned not more than ten years, or both. (b) This section is applicable whether the conduct occurred within or without the United States. (c) An indictment or information for violation of this section alleging that, in any proceedings before or ancillary to any court or grand jury of the United States, the defendant under oath has knowingly made two or more declarations, which are inconsistent to the degree that one of them is necessarily false, need not specify which declaration is false if-
(1) each declaration was material to the point in question, and
(2) each declaration was made within the period of the statute of limitations for the offense charged under this section.
In any prosecution under this section, the falsity of a declaration set forth in the indictment or information shall be established sufficient for conviction by proof that the defendant while under oath made irreconcilably contradictory declarations material to the point in question in any proceeding before or ancillary to any court or grand jury. It shall be a defense to an indictment or information made pursuant to the first sentence of this subsection that the defendant at the time he made each declaration believed the declaration was true. (d) Where, in the same continuous court or grand jury proceeding in which a declaration is made, the person making the declaration admits such declaration to be false, such admission shall bar prosecution under this section if, at the time the admission is made, the declaration has not substantially affected the proceeding, or it has not become manifest that such falsity has been or will be exposed. (e) Proof beyond a reasonable doubt under this section is sufficient for conviction. It shall not be necessary that such proof be made by any particular number of witnesses or by documentary or other type of evidence.
Definition: Ancillary: 1. Of secondary importance; subordinate. “Court of record' person of the magistrate (Subordinate to judicial tribunal) 2. Something that is subordinate or accessory to something else. 3. A person working in a supportive or subordinate role. (See: Cal Evd Code 451 & 451 Court of record)
Definition: Deference /dĕf′ər-əns, dĕf′rəns/ noun
- Submission or courteous respect given to another, often in recognition of authority. synonym: honor. "in an ancillary position"
Similar: honor - A yielding of judgment or preference from respect to the wishes or opinion of another; submission in opinion; regard; respect; complaisance. "compliance as ancillary to a Court of records judicial tribunal who decree's LAW "
Similar: regard respect complaisance - Great respect.
- The willingness to carry out the wishes of others. "as an ancillary to a courts judicial tribunal"
- A courteous expression (by word or deed) of esteem or regard.
Note: Clearly this defines the conduct of the “Person” of the magistrate, judge, officer, sheriff, agent, executive, clerk, all breach this when they fall outside of the limits of California evidence code 451 & 452 all are citizens as pirates; In Piracy, Privateering, and Fraud on a court of record, sedition on the people of the republic, and misprision of treason; and guilty as charged…………………Continued education link: https://uscode.house.gov/view.xhtml?hl=false&edition=prelim&path=%2Fprelim%40title18%2Fpart1%2Fchapter81&req=granuleid%3AUSC-prelim-title18-section1623&num=0&saved=L3ByZWxpbUB0aXRsZTE4L3BhcnQxL2NoYXB0ZXI4MQ%3D%3D%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGUxOC1jaGFwdGVyODE%3D%7C%7C%7C0%7Cfalse%7Cprelim
(Added Pub. L. 91–452, title IV, §401(a), Oct. 15, 1970, 84 Stat. 932 ; amended Pub. L. 94–550, §6, Oct. 18, 1976, 90 Stat. 2535 ; Pub. L. 103–322, title XXXIII, §330016(1)(L), Sept. 13, 1994, 108 Stat. 2147 ; Pub. L. 118–49, §13(d), Apr. 20, 2024, 138 Stat. 882 .)
Continued education link: https://www.uscourts.gov/sites/default/files/code_of_conduct_for_united_states_judges_effective_march_12_2019.pdf (The "commentary" section of Canon 1 is piracy and to be disregarded)
A "court of record" is a judicial tribunal (See: Canon 1) having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a perpetual memorial. Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex parte Gladhill, 8 Metc. Mass., 171, per Shaw, C.J. See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155 N.E. 688, 689
Title 28 U.S. Code § 454 - Practice of law by justices and judges
Any justice or judge appointed under the authority of the United States who engages in the practice of law is guilty of a high misdemeanor.
Title 28 U.S.C. Sec 955 - Practice of law restricted:
The clerk of each court and his deputies and assistants shall not practice law in any court of the United States. (June 25, 1948, Ch. 646, 62 Stat. 926.)
Title 28 U.S.C. Sec 632; Character of service; (a)Full-time United States magistrate judges may not engage in the practice of law, and may not engage in any other business, occupation, or employment inconsistent with the expeditious, proper, and impartial performance of their duties as judicial officers.
Title 28 U.S.C. Sec 455; Disqualification of justice, judge, or magistrate judge; (a)Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned. (b)He shall also disqualify himself in the following circumstances:
(1)Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding;
(No inferior courts, Only ONE court of record)
Note: (No inferior courts) There is no provision in any constitution be it that of the United States, or that of the state of California which authorizes courts not of record. California Constitution Article VI – Judicial Section 1. The "judicial power" of this "State" is vested in the "Supreme Court", "Courts of appeal", and "Superior Courts", all of which are "Courts of Record". U.S. Constitution Art VII Amendment VII; In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. See California evidence code - EVID 451 and 452 document for more detail: 36f1f6b1-1731-43cf-809f-623f31fa5fbf
Bouvier's Law Dictionary
1856 Edition
I
INFERI0R. One who in relation to another has less power and is below him; one who is bound to obey another. He who makes the law is the superior; (a superior courts judicial tribunal) he who is bound to obey (all who are ancillary and owe deference, a sheriff, office, clerk judge, magistrate, executive, banker, administrator,) it, the inferior. 1 Bouv. Inst. n. 8.
INFERIOR COURTS. By this term are understood all courts except the (a Superior court or Superior courts) supreme courts. An inferior court is a court of limited jurisdiction, and it must appear on the face of its proceedings tliat it has jurisdiction, or its proceedings. will be void. 3 Bouv. Inst. n. 2529. (No inferior courts or court)
Note: that a judge is a magistrate and is not the tribunal. The tribunal is either the sovereign himself, or a fully empowered jury
(not paid by the government)
CA Gov't Code Section 11120; It is the public policy of this state that public agencies exist to aid in the conduct of the people’s business and the proceedings of public agencies be conducted openly so that the public may remain informed.In enacting this article the Legislature finds and declares that it is the intent of the law that actions of state agencies be taken openly and that their deliberation be conducted openly.
The people of this state do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know.
The people insist on remaining informed so that they may retain control over the instruments they have created.This article shall be known and may be cited as the Bagley-Keene Open Meeting Act.
“Every man is independent of all laws, except those prescribed by nature. He is not bound by any institutions formed by his fellow-men, without his consent.” Cruden v. Neale, 2 NC 338, 339 (1796)
U.S. Constitution Article I Section 10 Power Denied States Clause 1 Proscribed Powers
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
U.S. Constitution Article I Section 10 Power Denied States Clause 1 Proscribed Powers:https://constitution.congress.gov/browse/article-1/section-10/clause-1/
ArtI.S9.C3.2 Bills of Attainder Doctrine: No Bill of Attainder or ex post facto Law shall be passed.; https://www.law.cornell.edu/constitution-conan/article-1/section-9/clause-3/bills-of-attainder-doctrine :REVIEW BILL OF ATTAINER
Could Administrative Law be Unconstitutional? PLEASE REVIEW :http://wethepeopleshareholders.com/wp-content/uploads/2019/01/Bills-Attainder-What-You-Should-Know.pdf
Administrative law is: 1) an act of a legislative body, 2) describing a group of people or entities, 3) imposing a duty inflicting potential pain or penalty for non-performance, 4) without first consulting a jury for authority.
A bill of attainder is: 1) an act of a legislative body, 2) naming a described individual or group of people or entities, 3) imposing pain or penalty, 4) without first consulting a jury for authority.
LAW NOTE: Administrative law is only applied when you agree to the application; in arraignment; hire an attorney; stop being a court of record; 14th Amendment states deprive; without due process of law; which is common law; court of record; demand in California Constitution Article VI - Judicial Section 1. or Constitution for the United States of America, Article VII. both are according to the rules of the common law; courts of record; repugnant to the constitution mean's null and void; unless you agree;
The Constitution is the supreme law of the land. Any law that is repugnant to the Constitution is null and void… Marbury v. Madison, 5 U.S. 137 (1803)
Amendment XIV / U.S. Constitution : https://www.law.cornell.edu/constitution
Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Amendment XIV Section 1 : https://www.law.cornell.edu/constitution/amendmentxiv
THE DECELERATION OF INDEPENDENTS 1776 :https://statenational-downloads.s3.amazonaws.com/education/Organic%20laws%20founding%20papers%20.pdf
"All laws, rules and practices which are repugnant to the Constitution are null and void" [Marbury v. Madison, 5th US (2 Cranch) 137, 180]
“No public policy of a state can be allowed to override the positive guarantees of the U.S. Constitution [for the united States of America].” 16 Am Jur 2d, Const. Law, Sect 70
"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them." Miranda v. Arizona, 384 US 436, 491.
“There can be no limitation on the power of the people of the United States (of America). By their authority the State Constitutions were made and by their authority the Constitution for the United States (of America) was established…” Hauenstein vs. Lynham (100 US 483)
California Code, Evidence Code - EVID § 451
This court takes Judicial notice of the following:
(a) The decisional, constitutional, and public statutory law of this state and of the United States and the provisions of any charter described in Section 3, 4 or 5 of California Constitution Article XI : https://law.justia.com/constitution/california/article-xi/ ;
Title 26 U.S.C. Sec 7701 (a) (9); the term “United States” when used in a geographical sense includes only the States and the District of Columbia. Title 26 U.S.C. Sec 7701 (a) (10); the term “State” shall be construed to include the District of Columbia, where such construction is necessary to carry out provisions of this title.
Note: both the “United States” and the “State” are provisions and crossed referenced to title 26 U.S.C. and according to Sec 7806 shall be given no legal affect.
(b) Any matter made a subject of judicial notice by Sec11343.6 :https://california.public.law/codes/ca_gov't_code_section_11343.6 Sec 11344.6 : https://codes.findlaw.com/ca/government-code/gov-sect-11344-6.html, or 18576 of cal gov code: https://codes.findlaw.com/ca/government-code/gov-sect-18576/ or by Sec 1507 of Title 44 United States Code: https://www.law.cornell.edu/uscode/text/44/1507
(c) Rules of professional conduct for members of the bar adopted pursuant to Section 6076 of the Business and Professions code: https://codes.findlaw.com/ca/business-and-professions-code/bpc-sect-6076/ and rules of practice and procedure for the courts of this state adopted by the Judicial Council. (The 12 presumptions of the bar guild Court are shut down due to title 26 U.S.C. Sec 7806 (a) Cross References & (b) Arrangement and Classification; No inference, implication, or presumption of legislative construction shall be drawn by reason) on the “person” by a governmental entity; and it shall be given no legal effect; also No valid powers of attorney agreements, or administration of the “person” in any way shape or form outside of a court of record; under command of a judicial Tribunal or Special Master;) (Professionally the BAR members should vacate the superior court without further delay) ASAP!
(d) Rules of pleading, practice, and procedure prescribed by the United States Supreme Court, such as the Rules of the United States Supreme Court, the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, the Admiralty Rules, the Rules of the Court of Claims, the Rules of the Customs Court, and the General Orders and Forms in Bankruptcy.
California Constitution Article VI – Judicial Section 1. The judicial power of this State is vested in the Supreme Court, courts of appeal, and superior courts, all of which are “courts of record”.
COURTS OF RECORD and COURTS NOT OF RECORD. The former being those whose acts and judicial proceedings are enrolled, or recorded, for a perpetual memory and testimony, and which have power to fine or imprison for contempt. Error lies to their judgments, and they generally possess a seal. Courts not of record are those of inferior dignity, which have no power to fine or imprison, and in which the proceedings are not enrolled or recorded. 3 Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas Fletcher, C.C.Ga., 24 F. 481; Ex parte Thistleton, 52 Cal 225; Erwin v. U.S., D.C.Ga., 37 F. 488, 2 L.R.A. 229; Heininger v. Davis, 96 Ohio St. 205, 117 N.E. 229, 231.
(e) The true signification of all English words and phrases and of all legal expressions.
Legal words are as follows: No, “Person”, “Governmental entity”, Arrangement and classification, Cross references, title, provisions, grouping, location, similar, analysis, descriptive, matter, effect, given, legal, used, portions, contents, states, united states, relating, side notes, tables, Act, treaties, piracy, pirate, privateering, fraud, law of nations, judicial tribunal, vessel, presumption, interference, implication, legislative construction, remedy, sovereign, contracting sovereigns, beneficiary’s, agent, officer, judge, sheriff, clerk, administrator, and more of them contained herein stated; and as described next;
(a) Cross references
The cross references in this title to other portions of the title, or other provisions of law, where the word "see" is used, are made only for convenience, and shall be given no legal effect.
(b) Arrangement and classification
No inference, implication, or presumption of legislative construction shall be drawn or made by reason of the location or grouping of any particular section or provision or portion of this title, nor shall any table of contents, table of cross references, or similar outline, analysis, or descriptive matter relating to the contents of this title be given any legal effect.
Definition: Ancillary: 1. Of secondary importance; subordinate. “Court of record' person of the magistrate (Subordinate to judicial tribunal) 2. Something that is subordinate or accessory to something else. 3. A person working in a supportive or subordinate role. (See: Cal Evd Code 451 & 451 Court of record)
(f) Facts and propositions of generalized knowledge that are so universally known that they cannot reasonably be the subject of dispute.
Title 18 U.S.C.; Title 26 U.S.C.; Title 28 U.S.C.; "United States" v. Reid, C.C.A.Or., 73 F.2d 153, 155.; BLACKS LAW 4th edition Pg. 1674; THE LAW OF NATIONS OR THE PRINCIPLES OF NATURAL LAW IN FOUR BOOKS (1758) By EMMERICH DE VATTEL; [Black's Law Dictionary, 4th Ed., 425, 426]; California Government Code Section 6250:; California Government Code - GOV § 8202.5; California Code, Evidence Code - EVID 451 & 452;. Bowen v. Needles Nat. Bank, 94 F 925 36 CCA 553, certiorari denied in 20 S.Ct 1024, 176 US 682, 44 LED 637; Norton Grocery Co.v. Peoples Nat. Bank, 144 SE 505. 151 Va 195.; Federal Intermediate Credit Bank v. L 'Herrison, 33 F 2d 841, 842 (1929).; CA Gov't Code Section 11120;
California Code, Evidence Code - EVID § 452
This court has taken Judicial notice of the following matters to the extent that they are not embraced within Section 451:
(a) The decisional, constitutional, and statutory law of any state of the United States and the resolutions and private acts of the Congress of the United States and of the Legislature of this state.
Title 26 U.S.C. Sec 7701 (a) (9); the term “United States” when used in a geographical sense includes only the States and the District of Columbia. Title 26 U.S.C. Sec 7701 (a) (10); the term “State” shall be construed to include the District of Columbia, where such construction is necessary to carry out provisions of this title.
Note: both the “United States” and the “State” are provisions and crossed referenced to title 26 U.S.C. and according to Sec 7806 shall be given no legal affect.
(b) Regulations and legislative enactments issued by or under the authority of the United States or any public entity in the United States.
Title 18 U.S. Code § 9 - Vessel of the United States defined: The term “vessel of the United States”, as used in this title, means a vessel belonging in whole or in part to the United States, or any citizen thereof, or any corporation created by or under the laws of the United States, or of any State, Territory, District, or possession thereof. (June 25, 1948, ch. 645, 62 Stat. 685.)
Title 18 U.S.C. Sec 2711 (4) (4) the term “governmental entity” means a department or agency of the United States or any State or political subdivision thereof. (Aug. 16, 1954, Ch. 736, 68A Stat. 917.) (< Prohibition start date ;) (Public Vessel; of the United States)
Title 26 U.S.C. Sec 7701(a) (1) the term “person” shall be construed to mean and include an individual, a trust, estate, partnership, association, company or corporation. (Private exclusive Vessel of the contracting sovereigns, we the people; any citizens thereof)
Note: Regulations and legislative enactments issued by or under the United States are the restrictions in authority and prohibitions of the “governmental entity” when an agent, (Officer, Sheriff, Magistrate or Judge) of the court speaks and acts for and on behalf of the courts “governmental entity”. Also this can only speak exclusively to the “Person” legal entity of the “contracting sovereigns” through a personal Treaty. Personal treaties relate exclusively to the "persons" of the “contracting sovereigns”, such as family alliances, and treaties guaranteeing the throne to a particular sovereign and his family. BLACKS LAW 4th edition Pg. 1674; this is also highlighted in the California Government Code in section 8202.5;
CA Gov't Code Section 11120: The people of this state do not yield their “sovereignty” to the agencies which serve them.
California Government Code - GOV § 8202.5; The Secretary of State may appoint and commission the number of state, city, “county”, and public school district employees as notaries public to act for and on behalf of the “governmental entity” for which appointed which the Secretary of State deems proper.
(c) Official acts of the legislative, executive, and judicial departments of the United States and of any state of the United States.
California Government Code Section 6250: In enacting this chapter, the Legislature, mindful of the right of individuals to privacy, finds and declares that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every “person” in this state.
This Act, referred to in subsec. (b), is act Aug. 16, 1954 CH. 80-General Rules Pg. 917
Title 26 U.S.C. Sec 7806: Construction of title
(a) Cross References; The cross references in this title to other portions of the title, or other provisions of law, where the word "see" is used, are made only for convenience, and shall be given no legal effect.
(b) Arrangement and Classification; No inference, implication, or presumption of legislative construction shall be drawn or made by reason of the location or grouping of any particular section or provision or portion of this title, nor shall any table of contents, table of cross references, or similar outline, analysis, or descriptive matter relating to the contents of this title be given any legal effect. The preceding sentence also applies to the side notes and ancillary tables contained in the various prints of this Act before its enactment into law. (Aug. 16, 1954, Ch. 736, 68A Stat. 917.)
Title 28 U.S.C. Sections 1361 Action to compel an officer of the United States to perform his duty & 454 Practice of law by justices and judges & Title 18 U.S.C. Section 1651 Piracy under law of nations & 1652 Citizens as pirates; & 2711 (4) governmental entity; & Sec 2076 Clerk is to file: & Sec 2071; Sec 1512b; Title 26 U.S.C. Section 7701 (a) (9); & 7701 (a) (10); & 7701(a) (1) ; & 7701 (a) (30); & Title 26 U.S.C. Sec 7806; Cal Con Art VI – Judicial Section 1.
(d) Records of (1) any court of this state or (2) any court of record of the United States or of any state of the United States.
C. Its acts and judicial proceedings are enrolled, or recorded, for a perpetual memory and testimony. [Black's Law Dictionary, 4th Ed., 425, 426] (See below court of record)
(e) Rules of court of (1) any court of this state or (2) any court of record of the United States or of any state of the United States.
CANON 1; A JUDGE SHALL UPHOLD THE INTEGRITY* AND INDEPENDENCE* OF THE JUDICIARY; An independent, impartial,* and honorable judiciary is indispensable to justice in our society. A judge should participate in establishing, maintaining, and enforcing high standards of conduct, and shall personally observe those standards so that the integrity* and independence* of the "judiciary is preserved". The provisions of this code are to be construed and applied to further that objective. A judicial decision or administrative act later determined to be incorrect legally is not itself a violation of this code.
California Constitution Article VI – Judicial Section 1. The judicial power of this State is vested in the Supreme Court, courts of appeal, and superior courts, all of which are courts of record.
COURT OF RECORD. To be a court of record a court must have four characteristics, and may have a fifth. They are:
A. A judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it. [Black's Law Dictionary, 4th Ed., 425, 426]
B. Proceeding according to the course of common law. [Black's Law Dictionary, 4th Ed., 425, 426]
C. Its acts and judicial proceedings are enrolled, or recorded, for a perpetual memory and testimony. [Black's Law Dictionary, 4th Ed., 425, 426]
D. Has "power" to fine or imprison for contempt. [Black's Law Dictionary, 4th Ed., 425, 426]
E. Generally possesses a seal. [Black's Law Dictionary, 4th Ed., 425, 426]
Note: that a judge is a magistrate and is not the tribunal. The tribunal is either the sovereign himself, or a fully empowered jury
(Not paid by the government)
COURT. An agency of the sovereign created by it directly or indirectly under its authority, consisting of one or more officers, established and maintained for the purpose of hearing and determining issues of law and fact regarding legal rights and alleged violations thereof, and of applying the sanctions of the law, authorized to exercise its powers in the course of law at times and places previously determined by lawful authority. [Isbill v. Stovall, Tex.Civ.App., 92 S.W.2d 1067, 1070; Black's Law Dictionary, 4th Edition, page 425]
(f) The law of an organization of nations and of foreign nations and public entities in foreign nations.
THE LAW OF NATIONS OR PRINCIPLES OF THE LAW OF NATURE APPLIED TO THE CONDUCT AND AFFAIRS OF NATIONS AND SOVEREIGNS;
IDEA AND GENERAL PRINCIPLES In this “treatise” it will appear, in what manner States, as such, ought to regulate all their actions. We shall examine the obligations of a people as well towards themselves as towards other nations; and by that means we shall discover the Rights which result from these obligations. For, the right being nothing more than the power of doing what is morally possible, that is to say, what is proper and consistent with duty — it is evident that right is derived from duty, or passive obligation,— the obligation we lie under to act in such or such manner. It is therefore necessary that a Nation should acquire a knowledge of the obligations incumbent on her, in order that she may not only avoid all violation of her duty, but also be able distinctly to ascertain her rights, or what she may lawfully require from other nations.
§ 27. What is the constitution of a state. The fundamental regulation that determines the manner in which the public authority is to be executed, is what forms the constitution of the state. In this is seen the form in which the nation acts in quality of a body politic, how and by whom the people are to be governed, — and what are the rights and duties of the governors. This constitution is in fact nothing more than the establishment of the order in which a nation proposes to labour in common for obtaining those advantages with a view to which the political society was established.
§ 29. Of political, fundamental, and civil laws. The laws are regulations established by public authority, to be observed in society. All these ought to relate to the welfare of the state and of the citizens. The laws made directly with a view to the public welfare are political laws; and in this class, those that concern the body itself and the being of the society, the form of government, the manner in which the public authority is to be exerted, — those, in a word, which together form the constitution of the state, are the fundamental laws.
§ 38. Of the sovereign. THE reader cannot expect to find here a long deduction of the rights of sovereignty, and the functions of a prince. These are to be found in treatises on the public law. In this chapter we only propose to show, in consequence of the grand principles of the law of nations, what a sovereign is, and to give a general idea of his obligations and his rights.
We have said that the sovereignty is that public authority which commands in civil society, and orders and directs what each citizen is to perform, to obtain the end of its institution. This authority originally and essentially belonged to the body of the society, to which each member submitted, and ceded his natural right of conducting himself in everything as he pleased, according to the dictates of his own understanding, and of doing himself justice. But the body of the society does not always retain in its own hands this sovereign authority: it frequently in-trusts it to a senate, or to a single person. That senate, or that "person", is then the sovereign.
A "treaty" is not only a law but also a contract between two nations and must, if possible, be so construed as to give full force and effect to all its parts. "United States" v. Reid, C.C.A.Or., 73 F.2d 153, 155.
Personal treaties relate exclusively to the "persons" of the contracting sovereigns, such as family alliances, and treaties guaranteeing the throne to a particular sovereign and his family. As they relate to the "persons", they expire of course on the death of the sovereign or the extinction of his family. BLACKS LAW 4th edition Pg. 1674
Title 18 U.S.C. Sec 2711 (4) the term “governmental entity” means a department or agency of the United States or any State or political subdivision thereof. (PUBLIC ENTITY) (Vessel of the United States)
Title 26 U.S.C. §7701(a) (1) the term “person” shall be construed to mean and include an individual, a trust, estate, partnership, association, company or corporation. (PRIVATE exclusive relating to the contracting sovereigns; we the people of California Republics, legal entity or citizens thereof; vessel)
California Constitution Article VI – Judicial Section 1. The judicial power of this State is vested in the Supreme Court, courts of appeal, and superior courts, all of which are courts of record.
CA Gov't Code Section 11120: The people of this state do not yield their sovereignty to the agencies which serve them.
Title 18 U.S.C. Section 1623. False declarations before grand jury or court (a) Whoever under oath in any proceeding before or ancillary to any court or grand jury of the United States knowingly makes any false material declaration or makes or uses any other information, including any book, paper, document, record, recording, or other material, knowing the same to contain any false material declaration, shall be fined under this title or imprisoned not more than five years or, imprisoned not more than ten years, or both.
Title 18 U.S.C. Section 1651. Piracy under law of nations: Whoever, on the high seas, commits the crime of piracy as defined by the law of nations, and is afterwards brought into or found in the United States, shall be imprisoned for life. (June 25, 1948, ch. 645, 62 Stat. 774.)
Title 18 USC Section 1652. Citizens as pirates: Whoever, being a citizen of the United States, commits any murder or robbery, or any act of hostility against the United States, or against any citizen thereof, on the high seas, under color of any commission from any foreign prince, or state, or on pretense of authority from any person, is a pirate, and shall be imprisoned for life. (June 25, 1948, ch. 645, 62 Stat. 774.)
NOTE: The law of nations does not provide any legal or lawful authority which contradict with the statutes and constitution of the state, which have restricted or prohibited the operations of the governmental entity. However the law of nations does identify and define piracy, privateering, and a pirate. Further it also directs the judicial tribunal (sovereign authority) of the court of record to what resources to review in his state to determine issues of law. Which define the conduct of the “Person” of the magistrate, Judge, agent, or officers, actions.
(g) Facts and propositions that are of such common knowledge within the territorial jurisdiction of the court that they cannot reasonably be the subject of dispute.
Title 18 U.S.C.; Title 26 U.S.C.; Title 28 U.S.C. ; "United States" v. Reid, C.C.A.Or., 73 F.2d 153, 155.; BLACKS LAW 4th edition Pg. 1674; THE LAW OF NATIONS OR THE PRINCIPLES OF NATURAL LAW IN FOUR BOOKS (1758) By EMMERICH DE VATTEL; [Black's Law Dictionary, 4th Ed., 425, 426]; California Government Code Section 6250:; California Government Code - GOV § 8202.5; California Code, Evidence Code - EVID 451 & 452; . Bowen v. Needles Nat. Bank, 94 F 925 36 CCA 553, certiorari denied in 20 S.Ct 1024, 176 US 682, 44 LED 637; Norton Grocery Co. v. Peoples Nat. Bank, 144 SE 505. 151 Va 195.; Federal Intermediate Credit Bank v. L 'Herrison, 33 F 2d 841, 842 (1929).; CA Gov't Code Section 11120;
(h) Facts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.
Title 18 U.S.C.; Title 26 U.S.C.; Title 28 U.S.C. ; "United States" v. Reid, C.C.A.Or., 73 F.2d 153, 155.; BLACKS LAW 4th edition Pg. 1674; THE LAW OF NATIONS OR THE PRINCIPLES OF NATURAL LAW IN FOUR BOOKS (1758) By EMMERICH DE VATTEL; [Black's Law Dictionary, 4th Ed., 425, 426]; California Government Code Section 6250:; California Government Code - GOV § 8202.5; California Code, Evidence Code - EVID 451 & 452; . Bowen v. Needles Nat. Bank, 94 F 925 36 CCA 553, certiorari denied in 20 S.Ct 1024, 176 US 682, 44 LED 637; Norton Grocery Co. v. Peoples Nat. Bank, 144 SE 505. 151 Va 195; Federal Intermediate Credit Bank v. L 'Herrison, 33 F 2d 841, 842 (1929).; CA Gov't Code Section 11120;
NOTE: This notice in law has provided the evidence to prove the above herein to be accurate and factual and one could say common knowledge within the territorial jurisdiction of this superior court. These facts presented herein by this superior courts judicial tribunal are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.
"The attempt of a State Officer to enforce an unconstitutional statute is a proceeding without authority... is an illegal act, and the officer is stripped of his official charter and is subjected in his person to the consequences of his individual conduct. The State has no power to impart to its officer immunity from responsibility to the supreme authority of the United States." Ex Parte Young, 209 U. S. 123, (1908). [Supreme Authority = Private men and women "we the people".]
WRIT OF ERROR, practice. A writ issued out of a court of competent jurisdiction, directed to the judge of a court of record in which final judgment has been given, and commanding them, in some cases, themselves to examine the re-cord; in others to send it to another court of appellate jurisdiction, therein named, to be examined in order that some alleged error in the proceeding may be corrected. Steph. Pl. 138; 2 Saund. 100, n. 1; Bac. Ab. Error, in pr.
In the non-constitutional courts of either the United states or the state courts and any such action is considered the crime of Barratry1 . Barratry is an offense at common law.” State vs. Batson 17 S.E.2d 511. 512,513
John Bouvier Law Dictionary Revised Sixth Edition, 1856
Definition: Barratry, crimes. In old law French barat, baraterie, signifying robbery, deceit, fraud. In modern usage it may be defined as the habitual moving, exciting, and maintaining suits and quarrels, either at law or otherwise. 1 Inst. 368; 1 Hawk. 243.
"It is the duty of all officials whether legislative, judicial, executive, administrative, or ministerial to so perform every official act as not to violate constitutional provisions." Montgomery v state 55 Fla. 97-45SO.879.
“The United States Supreme Court declares that the “Sovereignty” remains with the “people” and resides with the “people”…Yick Wo vs. Hopkins and Woo Lee Hopkins (118 US 356).
An American National (similar to a state Citizen) is or can be a sovereign who was born in one of the 50 states of the union or who has been naturalized into the Constitutional Republic.
“Judge acted in the face of clearly valid statutes of case law expressly depriving him of (personal) jurisdiction would be liable.” Dykes v. Hosemann, 743 F 2d 1488 (1984). “In such case the judge has lost his judicial function, has become a mere private person, and is liable as a trespasser for damages resulting from his unauthorized acts.” “Where there is no jurisdiction there is no judge; the proceeding is as nothing. Such has been the law from the days of the Marshalsea, 10 Coke 68; also Bradly v. Fisher, 13 Wall 335,351.” Manning v. Ketcham, 58 F 2d 948. “A distinction must be here observed between excess of jurisdiction and the clear absence of all jurisdiction over the subject-matter any authority exercised is a usurped authority and for the exercise of such authority, when the want of jurisdiction is known to the judge, no excuse is permissible.” Bradley v. Fisher, 13 Wall 335, 351, 352.
1. WORKMAN IS WORTHY OF HIS HIRE. The first of these is expressed in Exodus 20:15; Lev. 19:13; Mat. 10:10; Luke 10"7; II Tim. 2:6. Legal maxim: "It is against equity for freemen not to have the free disposal of their own property."
The man on the land does not have or is he in his “Natural” standing, assigned a social security, the “Natural Man” is however, the beneficiary of the individual constructive trust that the individual social security number references.
Adams v. City of Pocatello, 416 P.2d 46, 48; 91 Idaho 99 (1966). “A traveler has an equal right to employ an automobile as a means of transportation and to occupy the public highways with other vehicles in common use.
Caneisha Mills v. D.C. 2009 “The use of the automobile as a necessary adjunct to the earning of a livelihood in modern life requires us in the interest of realism to conclude that the RIGHT to use an automobile on the public highways partakes of the nature of a liberty within the meaning of the Constitutional guarantees. . .”
"Users of the highway for transportation of persons and property for hire may be subjected to special regulations not applicable to those using the highway for public purposes." Richmond Baking Co. v. Department of Treasury 18 N.E. 2D 788.
Driver. Black's Law Dictionary, 3rd Ed One employed in conducting or operating a coach, carriage, wagon, or other vehicle, with horses, mules, or other animals, or a bicycle, tricycle, or motor car, though not a street railroad car. See Davis v. Petrinovich, 112 Ala. 654, 21 So. 344, 36 L.R.A. 615; Isaacs v. Railroad Co., 7 Am. Rep. 418, 47 N.Y. 122;
Driver. Bouvier's Law Dictionary, (1914) p. 940. One employed in conducting a coach, carriage, wagon, or other vehicle..."
Traveler. Bouvier's Law Dictionary, 1914 ed. One who passes from place to place, whether for pleasure, instruction, business, or health." Locket v State, 47 Ala. 45;
Travel. Century Dictionary To journey or to pass through or over; as a country district, road, etc. To go from one place to another, whether on foot, or horseback, or in any conveyance as a train, an automobile, carriage, ship, or aircraft; Make a journey.
USC Title18 §31(6) Motor vehicle. The term "motor vehicle" means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo.
RCW 46.04.670 "Vehicle" includes every device capable of being moved upon a public highway and in, ` upon, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles.
Streets and highways are established and maintained primarily for purposes of travel by the public and incidental uses. Am Jur 2d Highways, Streets and Bridges §227, citing Birmingham Ry. Light and Power Company v Smyer 181 Ala 121, 61 So 354
"The police power of the state must be exercised in subordination to the provisions of the U.S. Constitution. " Bacahanan vs. Wanley, 245 US 60; Panhandle Eastern Pipeline Co. Vs. State Highway Commission, 294 US 613.
Tax Court is a court of record. It is not an administrative court unless you permit it to quit being a court of record.
Here is what the Internal Revenue Code designates:
26 USC 7441: Status. "There is hereby established, under article I of the Constitution of the United States, a court of record to be known as the United States Tax Court. The members of the Tax Court shall be the chief judge and the judges of the Tax Court."
There are no Judicial courts in America and have not been since 1789. Judges do not enforce Statutes and Codes. Executive Administrators enforce Statutes and Codes. FRC v. GE 281 US 464 Keller v PE US 428 1 Stat. 138-178
Administrative Procedure Act; United States: The Administrative Procedure Act, Pub. L. 79–404, 60 Stat. 237, enacted June 11, 1946, is the United States federal statute that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations and it grants U.S. federal courts oversight over all agency actions. According to Hickman & Pierce, it is one of the most important pieces of United States administrative law, and serves as a sort of "constitution" for U.S. administrative law. The APA applies to both the federal executive departments and the independent agencies. U.S. Senator Pat McCarran called the APA "a bill of rights for the hundreds of thousands of Americans whose affairs are controlled or regulated" by federal government agencies. The text of the APA can be found under Title 5 of the United States Code, beginning at Section 500.Wikipedia
Administrative Procedure Act: https://www.law.cornell.edu/wex/administrative_procedure_act
OPINION ANALYSIS: Supreme Court strikes down Chevron, curtailing power of federal agencies: By Amy Howe
on Jun 28, 2024 at 12:37 pm Share
The court ruled in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce on Friday. (Thomas Hawk via Flickr)
This article was updated on June 28 at 3:46 p.m.; In a major ruling, the Supreme Court on Friday cut back sharply on the power of federal agencies to interpret the laws they administer and ruled that courts ( A____ Court of record) should rely on their own interpretation of ambiguous laws. The decision will likely have far-reaching effects across the country, from environmental regulation to healthcare costs.
Chevron deference, Roberts explained in his opinion for the court on Friday, is inconsistent with the Administrative Procedure Act, a federal law that sets out the procedures that federal agencies must follow as well as instructions for courts to review actions by those agencies. The A.P.A., Roberts noted, directs courts to “decide legal questions by applying their own judgment” and therefore “makes clear that agency interpretations of statutes — like agency interpretations of the Constitution — are not entitled to deference. Under the APA,” Roberts concluded, “it thus remains the responsibility of the "court ( A___ Court of record) to decide whether the law means what the agency says.”
Roberts rejected any suggestion that agencies, rather than courts, are better suited to determine what ambiguities in a federal law might mean. Even when those ambiguities involve technical or scientific questions that fall within an agency’s area of expertise, Roberts emphasized, “Congress expects courts to handle technical statutory questions” – and courts also have the benefit of briefing from the parties and “friends of the court.”
Moreover, Roberts observed, even if courts should not defer to an agency’s interpretation of an ambiguous statute that it administers, it can consider that interpretation when it falls within the agency’s purview, a doctrine known as Skidmore deference.
NON-sense at best link: https://supreme.justia.com/cases/federal/us/323/134/
Continued education link: https://www.scotusblog.com/2024/06/supreme-court-strikes-down-chevron-curtailing-power-of-federal-agencies/
All federal and state elected officials, appointed administrators, federal police, sheriffs and judges receive their paychecks through O.P.M., the Office of Personnel Management. O.P.M. is owned by the International Monetary Fund, which is owned by the Rockefeller and Rothschild families and their Banking Empires, which is treason.
TREASON is the highest crime of a civil nature of which a man can be guilty. Its signification is different in different countries. In general, it is the offense of attempting to overthrow the government of the state to which the offender owes allegiance, or of betraying the state into the hands of a foreign power.
TREASON, crim. law. This word imports a betraying, treachery, or breach of allegiance. 4 Bl. Com. 75.
2. The constitution of the United States, art. 3, s. 3, defines treason against the United States to consist only in levying war (q. v.) against them, or in adhering to their enemies, giving them aid or comfort. This offence is punished with death.
Shuttlesworth v. Birmingham 394 U.S. 147 (1969). U.S. Supreme Court says No License Necessary To Drive Automobile On Public Highways/Streets No License Is Necessary Copy and Share Freely YHVH.name 3 “The word ‘operator’ shall not include any person who solely transports his own property and who transports no persons or property for hire or compensation.”
26 USC 7701(a)(31) basically says that an American National's Estate is a “tax-exempt” foreign estate or trust. It's a “foreign” estate because American Nationals, living in one of the 50 states of the Republic, are by law living in a “foreign” state related to that other “foreign” state named the District of Columbia that is not under the original Constitution (1789).
demand for judgment, FEDERAL RULES OF CIVIL PROCEDURE, 28 USCA: "***every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in his pleadings." U.S. V. WHITE COUNTY BRIDGE COMMISSION (1960), 2 Fr Serv 2d 107, 275 F2d 529, 535
[A11 codes [Chapter 83, Part 11 as alleged], rules, and regulations are for government authorities only, not human/Creators in accordance with God's laws. All codes, rules and regulations are unconstitutional and lacking due process.] Rodriques v Ray Donavan (U.S. Department of Labor), 769 F. 2d 1344,1348 (1985). "Rodrigues asserts that the procedures are unconstitutional as applied to him .... We do not find the due process challenges insubstantial." Sherwood T. Rodrigues v. Ray Donovan, Sec. of Labor 769 F 2d 1344 (1985), The Ninth Circuit Court of Appeals.
The original Constitution (1787) also outlawed income taxes not apportioned on state Citizens (American Nationals) and the Supreme Court has confirmed the original Constitution's intent on this most important fact. In other words, no DIRECT income taxes are legally allowed.
Amendment XIII : If any citizen of the United States shall accept, claim, receive, or retain any title of nobility or honour, or shall without the consent of Congress, accept and retain any present, pension, office, or emolument of any kind whatever, from any emperor, king, prince, or foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them, or either of them.
"The United States Federal Government has been dissolved by the Emergency Banking Act... and declared [so] by President Roosevelt... H.J.R. 192... dissolved the Sovereign Authority of the United States and the official capacities of all United States Governmental Offices, Officers, and Departments and is further evidence that the United States Federal Government exists today in name only." U. S. Congressional Record, March 17,1993 Vol. 33, page H-1303- what about the charter with we the people!
CHARTER. A grant made by the sovereign either to the whole people or to a portion of them, securing to them the enjoyment of certain rights. Of the former kind is the late charter of France, which extended to the whole country; the charters which were granted to the different American colonies by the British government were charters of the latter species. 1 Story, Const. L. 161; 1 Bl. Com. 108 Encycl. Amer. Charte Constitutionelle.
2. A charter differs from a CONSTITUTION in this, that the former is granted by the sovereign,(or we the people sovereign authority) while the latter is established by the people themselves: both are the fundamental law of the land.
3. This term is susceptible of another signification. During the middle ages almost every document was called carta, charta, or chartula. In this sense the term is nearly synonymous with deed. Co. Litt. 6; 1 Co. 1; Moor. Cas. 687.
DE FACTO, i. e. in deed. A term used to denote a thing actually done; a president of the United States de facto is one in the exercise of the executive power, and is distinguished from one, who being legally entitled to such power is ejected from it; the latter would be a president de jure. An officer de facto is frequently considered as an officer de jure, and his official acts are of equal validity. 10 S. & R. 250; 4 Binn. R. 371; 11 S. & R. 411, 414; Coxe, 318; 9 Mass. 231; 10 Mass. 290; 15 Mass. 180; 5 Pick. 487.
DE JURE, by right. Vide De facto.
U.S. Supreme Court Norton v. Shelby County, 118 U.S. 425 (1886): While acts of a de facto incumbent of an office lawfully created by law and existing are often held to be binding from reasons of public policy, the acts of a person assuming to fill and perform the duties of an office which does not exist de jure can have no validity whatever in law. An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is in legal contemplation as inoperative as though it had never been passed. link: https://timeonhands.files.wordpress.com/2018/08/norton-v-shelby-county-__-118-u-s-425-1886-__-justia-us-supreme-court-center.pdf
There are no “regulations” extending to the Commissioner of the IRS or the Department of the Treasury their authority to the 50 Union States – 26 CFR 7802(a).
In IRS publication 519, “A nonresident alien” [American National] who never worked in the U.S. Government in the United States [meaning D.C.] will not be liable for the U.S. [D.C.] income tax.
31 U.S.C. says income taxes paid to the U.S. Treasury are considered to be nothing more than voluntary “donations” to the Treasury. Have you ever heard of “donations” being “mandatory”?
Former IRS Commissioner Charles O. Rossotti stated in a delegated response letter that: “The law itself does not require individuals to file a form 1040.”
The word “Internal” as in 'Internal' Revenue Service, means “municipal,” limited to the ten-mile square land area known as Washington, District of Columbia (D.C.).
The term “United States” is defined in 31 USC 321(d)(2) and in 26 U.S.C sec 7001 as meaning the federal government in the District of Columbia and it is not defined as the 50 states of the union per 26 U.S.C. 7408 (d).
TITLE 31 U.S.C. SEC 321 (d)(2)For purposes of the Federal income, estate, and gift taxes, property accepted under paragraph (1) shall be considered as a gift or bequest to or for the use of the United States.
(1)The Secretary of the Treasury may accept, hold, administer, and use gifts and bequests of property, both real and personal, for the purpose of aiding or facilitating the work of the Department of the Treasury. Gifts and bequests of money and the proceeds from sales of other property received as gifts or bequests shall be deposited in the Treasury in a separate fund and shall be disbursed on order of the Secretary of the Treasury. Property accepted under this paragraph, and the proceeds thereof, shall be used as nearly as possible in accordance with the terms of the gift or bequest.
— A legal RIGHT, a constitutional RIGHT means a RIGHT protected by the law, by the constitution, but government does not create the idea of RIGHT or original RIGHTS; it acknowledges them. . . “ Bouvier’s Law Dictionary, 1914, p. 2961. “Those who have the right to do something cannot be licensed for what they already have right to do as such license would be meaningless.”
TITLE 18 U.S.C. SECTION 241: Conspiracy against rights If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured-
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
TITLE 18 U.S.C. SECTION 242 • Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, … shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both;
RESERVATION OF SOVEREIGNTY: "Even if the Tribe's power to tax were derived solely from its power to exclude non-Indians from the reservation, the Tribe has the authority to impose the severance tax. Non-Indians who lawfully enter tribal lands remain subject to a tribe's power to exclude them, which power includes the lesser power to tax or place other conditions on the non-Indian's conduct or continued presence on the reservation. The Tribe's role as commercial partner with petitioners should not be confused with its role as sovereign. It is one thing to find that the Tribe has agreed to sell the right to use the land and take valuable minerals from it, and quite another to find that the Tribe has abandoned its sovereign powers simply because it has not expressly reserved them through a contract. To presume that a sovereign forever waives the right to exercise one of its powers unless it expressly reserves the right to exercise that power in a commercial agreement turns the concept of sovereignty on its head. Merrion v. Jicarilla Apache Tribe; Amoco Production Company v. Jicarilla Apache Indian Tribe, 455 U.S. 130, 131, 102 S.Ct. 894, 71 L.Ed.2d 21 (1981)
"For a crime to exist, there must be an injured party. There can be no sanction or penalty imposed upon one because of this exercise of Constitutional rights." Sherar v. Cullen, 481 F. 945.
“Ignorance of the law does not excuse misconduct in anyone, least in a sworn officer of the law” In re McCowan (1917), 177 C. 93, 170P. 1100. “All are presumed to know the law.” San Francisco Gas Co. v. Brickwedel (1882), 62 C. 641; Dore v. Southern Pacific Co. (1912), 163 C. 182, 124 P. 817; People v. Flanagan (1924), 65 C. A. 268, 223P. 1014;
THE COUNTY SHERIFF A CONSTITUTIONAL OFFICER : https://statenational-downloads.s3.amazonaws.com/education/The%20County%20Sheriff,%20by%20what%20authority.pdf
COURT OFFICERS WARRING AGAINST THE CONSTITUTION: https://statenational-downloads.s3.amazonaws.com/education/1_5161378906749534761.pdf
Hobbs Act Extortion and Robbery (18 U.S.C. § 1951) 6.18.1951 Hobbs Act - Elements of the Offense (18 U.S.C. § 1951) (revised 2014) 6.18.1951-1 Hobbs Act - Robbery Defined 6.18.1951-2 Hobbs Act - Extortion by Force, Violence, or Fear (revised 2016) 6.18.1951-3 Hobbs Act - “Unlawful Taking by Force, Violence or Fear” Defined : https://uscode.house.gov/view.xhtml?hl=false&edition=prelim&req=granuleid%3AUSC-prelim-title18-section1951&f=treesort&num=0&saved=%7CKHRpdGxlOjE4IFVTQyBzZWN0aW9uOjE5NTEgZWRpdGlvbjpwcmVsaW0pIE9SIChncmFudWxlaWQ6VVNDLXByZWxpbS10aXRsZTE4IFVTQy1zZWN0aW9uMTk1MSk%3D%7CdHJlZXNvcnQ%3D%7C%7C0%7Cfalse%7Cprelim
6.18.1951-4 Hobbs Act - “Fear of Injury” Defined 6.18.1951-5 Hobbs Act - Property :https://statenational-downloads.s3.amazonaws.com/education/2017%20Chap%206%20HobbsAct%20revisions%20final.pdf
6.18.1951-6 Hobbs Act - Extortion Under Color of Official Right (revised 2017) 6.18.1951-7 Hobbs Act - Affecting Interstate Commerce (revised 2017)
TITLE 50—WAR AND NATIONAL DEFENSE § 1521 § 1520. Use of human subjects for testing of chemical or biological agents by Department of Defense; accounting to Congressional committees with respect to experiments and studies; notification of local civilian officials: https://statenational-downloads.s3.amazonaws.com/education/USCODE-1994-title50-chap32-sec1520.pdf
Under USC Title 42 § 1986. Action for neglect to prevent states: "Every person who, having knowledge that any wrongs conspired or to be done. . . and having power to prevent or aid in preventing . . . Neglects or refuses so to do . . . shall be liable to the party injured. . . " "...an officer may be held liable in damages to any person injured in consequence of a breach of any of the duties connected with his office...the liability for nonfeasance, misfeasance, and for malfeasance in office is in his 'individual', not his official capacity." 70 Am. Jur. 2nd Sec. 50, VII Civil Liability.
When any public official mis-represents Truth by means other than by facts of evidence, which may lead to proof, to be determined in oral examination, written rebuttals, and declarations on the record, it is deemed the willful failure of that public official (the Prosecuting Attorney, IRS, etc.,) to properly address the issues of conduct, contract, or of jurisdiction and/or standing, constituting a willful effort by that public official (Prosecuting Attorney, IRS, etc.,) and other Administrators to avoid, or hide, these facts and to deceive both the Court and this Affiant on issues legally material to this case rising to this level is "fraud on the Court", which vitiates the entire proceeding and makes void the orders and judgments of the court of no legal force or effect,
Therefore, this present claim against the Affiant brought by Prosecuting Attorney, IRS, etc., and all enjoined Administrators should be dismissed and/or expunged and absolved from the Case records with full Exoneration to Affiant, with restoration of Truth, Rights, and Compensation as a tort remedy.
And, Affiant hereby Notices the Court that it should be so Ordered. Further, Under section California Business and Professions Code 6102, subdivision (c), (and, like statutes in most other states) an attorney must be summarily disbarred, regardless of mitigating circumstances, if (1) an element of his offense involves the intent to deceive or defraud (6102, sub. (c)(1)); (2) the attorney committed the offense while practicing law (6102, sub. (c)(2)).
And, Affiant further Notices the Court that Prosecuting Attorney be sanctioned by the Court and further barred from this case until such charges against him can be adjudicated in a court of law or before the state's proper disciplinary body or both.
Clarity and Definition Displayed Below; JURISDICTION FAILINGS: https://statenational-downloads.s3.amazonaws.com/education/jurisdictional-failings.pdf
"Fraud On The Court By An Officer Of The Court" And "Disqualification Of Judges, State and Federal"
Amendment XIII If any citizen of the United States shall accept, claim, receive, or retain any title of nobility or honour, or shall without the consent of Congress, accept and retain any present, pension, office, or emolument of any kind whatever, from any emperor, king, prince, or foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them, or either of them.
28 USC 1361: Action to compel an officer of the United States to perform his duty Text contains those laws in effect on April 21, 2023
From Title 28-JUDICIARY AND JUDICIAL PROCEDURE PART IV-JURISDICTION AND VENUE CHAPTER 85-DISTRICT COURTS; JURISDICTION
Jump To:Source Credit
§1361. Action to compel an officer of the United States to perform his duty
The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.
(Added Pub. L. 87–748, §1(a), Oct. 5, 1962, 76 Stat. 744 .)
MANDAMUS, practice. The name of a writ, the principal word of which when the proceedings were in Latin, was mandamus, we command.
2. It is a command issuing in the name of the sovereign authority from a superior court having jurisdiction, and is directed to some person, corporation, or, inferior court, within the jurisdiction of such superior court, requiring them to do some particular thing therein specified, which appertains to their office and duty, and which the superior court has previously determined, or at least supposes to be consonant to right and justice. 20 Pick. 484; 21 Pick. 258; Dudley, 37; 4 Humph. 437.
►“No state legislator or executive or judicial officer can war against the Constitution without violating his undertaking to support it.” The constitutional theory is that we the people are the sovereigns, the state and federal officials only our agents." Cooper v. Aaron, 358 U.S. 1, 78 S.Ct. 1401 (1958).
►“An officer of the court may be held liable in damages to any person injured in consequence of a breach of any of the duties connected with his office...The liability for nonfeasance, misfeasance, and for malfeasance in office is in his 'Individual Capacity' , not his official capacity...” see 70 Am. Jur. 2nd Sec. 50, VII Civil Liability.◄
►“When a state officer acts under a state law in a manner violative of the Federal Constitution, he comes into conflict with the superior authority of that Constitution, and he is in that case stripped of his official or representative character and is subjected in his person to the consequences of his individual conduct. The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States”. U.S. Supreme Court, in Scheuer v. Rhodes, 416 U.S. 232, 94 S. Ct. 1683, 1687 (1974).
►“When lawsuits are brought against federal officials, they must be brought against them in their "individual" capacity not their official capacity. When federal officials perpetrate constitutional torts, they do so ultra vires (beyond the powers) and lose the shield of immunity." Williamson v. U.S. Department of Agriculture, 815 F.2d. 369, ACLU Foundation v. Barr, 952 F.2d. 457, 293 U.S. App. DC 101, (CA DC 1991).”◄
Absolute Judicial immunity is a myth. A Judge does not have absolute immunity. Judicial immunity does not apply when the following conditions exist:
1. when he is performing a non-judicial act, or
2. when he acts in the complete absence of all jurisdiction.
Hirschfeld v. Rogers Is a state court judge, who has been individually divested of all jurisdiction over a case by virtue of being affirmatively disqualified, who refuses to acknowledge his own divestment, and thereafter commits unconstitutional torts solely under color of the case in which he knows, or should know, that he has lost all jurisdiction, subject to 42 U.S.C. 1981-88 liability?
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1441
§ 1441. Actions removable generally (a) Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending. For purposes of removal under this chapter, the citizenship of defendants sued under fictitious names shall be disregarded:https://docs.uscode.justia.com/1998/title28/USCODE-1998-title28/pdf/USCODE-1998-title28-partIV-chap89-sec1441.pdf
Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART IV - JURISDICTION AND VENUE
CHAPTER 89 - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS
Sec. 1442 - Federal officers or agencies sued or prosecuted
(a) A civil action or criminal prosecution commenced in a state court against any of the following may be removed by them to the district court of the United States for the district and division embracing the place wherein it is pending:https://law.justia.com/codes/us/2010/title28/partiv/chap89/sec1442/
►18 Article VI of the Constitution makes the Constitution the "supreme Law of the Land." In 1803, Chief Justice Marshall, speaking for a unanimous Court, referring to the Constitution as “the fundamental and paramount law of the nation,” declared in the notable case of Marbury v. Madison, 1 Cranch 137, 177, that “It is emphatically the province and duty of the judicial department to say what the law is.” This decision declared the basic principle that the federal judiciary is supreme in the exposition of the law of the Constitution, and that principle has ever since been respected by this Court and the Country as a permanent and indispensable feature of our constitutional system. It follows that the interpretation of the Fourteenth Amendment enunciated by this Court in the Brown case is the supreme law of the land, and Art. VI of the Constitution makes it of binding effect on the States “any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” Every state legislator and executive and judicial officer is solemnly committed by oath taken pursuant to Art. VI, cl. 3, “to support this Constitution.” Chief Justice Taney, speaking for a unanimous Court in 1859, said that this requirement reflected the framers' “anxiety to preserve it [the Constitution] in full force, in all its powers, and to guard against resistance to or evasion of its authority, on the part of a State . . . .” Ableman v. Booth, 21 How. 506, 524.◄
“A bank may not lend its credit to another even though such a transaction turns out to have been of benefit to the bank, and in support of this a list of cases might be cited, which-would look like a catalog of ships.” [Emphasis added] Norton Grocery Co. v. Peoples Nat. Bank, 144 SE 505. 151 Va 195.
"It is not within those statutory powers for a national bank, even though solvent, to lend its credit to another in any of the various ways in which that might be done." Federal Intermediate Credit Bank v. L 'Herrison, 33 F 2d 841, 842 (1929).
“If any part of the consideration for a promise be illegal, or if there are several considerations for an unseverable promise one of which is illegal, the promise, whether written or oral, is wholly void, as it is impossible to say what part or which one of the considerations induced the promise.” Menominee River Co. v. Augustus Spies L & C Co., 147 Wis 559. 572; 132 NW 1122.
“It is not necessary for rescission of a contract that the party making the misrepresentation should have known that it was false, but recovery is allowed even though misrepresentation is innocently made, because it would be unjust to allow one who made false representations, even innocently, to retain the fruits of a bargain induced by such representations.” Whipp v. Iverson, 43 Wis 2d 166
"A national bank has no power to lend its credit to any person or corporation . . . Bowen v. Needles Nat. Bank, 94 F 925 36 CCA 553, certiorari denied in 20 S.Ct 1024, 176 US 682, 44 LED 637.
"moreover, bank silence is also a fraud, pursuant to U.S. v. Tweel, 550 F.2d 297, 299 (5th Cir. 1977) (silence can only be equated with fraud where there is a legal or moral duty to speak, or where an inquiry left unanswered would be intentionally misleading). Notification of legal responsibility is “the first essential of due process of law.”Connally v. General Construction Co., 269 U.S. 385, 391.
“The grand jury is an institution separate from the courts, over whose functioning the courts do not preside, we think it clear that, as a general matter at least, no such supervisory judicial authority exists” - 1990, U.S v. Williams
“The power of grand juries to inquire into the willful misconduct in office of public officers, and to find indictments or to direct the filing of information’s in connection with such inquiries, shall never be suspended or impaired by law.” New York Constitution Article 1 §6
: “In the federal courts, it is well established that a national bank has no power to lend its credit to another by becoming surety, endorser, or guarantor for him.”' Farmers and Miners Bank v. Bluefield Nat 'l Bank, 11 F 2d 83, 271 U.S. 669.
►“By law, a judge is a state officer. Under Federal law which is applicable to all states, the U.S. Supreme Court stated that if a court is “without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void; and form no bar to a recovery sought, even prior to a reversal in opposition to them. They constitute no justification ; and all persons concerned in executing such judgments or sentences, are considered, in law, as trespassers”.◄ Elliot v. Piersol, 1 Pet. 328, 340, 26 U.S. 328, 340 (1878).
Since the Federal Courts are courts of limited jurisdiction, a plaintiff must always show in his complaint the grounds upon which that jurisdiction depends." STEIN VS. BROTHERHOOD OF PAINTERS, DECORATORS, AND PAPER HANGERS OF AMERICA, DCCDJ (1950), 11 F.R.D. 153.
“A court cannot acquire jurisdiction to try a person for an act made criminal only by an unconstitutional law, and thus, an offense created by an unconstitutional statute, is no longer a crime and a conviction under such statute cannot be a legal cause for imprisonment.” State v. Benzel, 583 N.W.2d 434, 220 Wis2d 588 (1998)
“Judgment made when the court lacks subject matter jurisdiction is void.” Clark v. State, 727 N.E.2d 18, transfer denied 741 N.E.2d 1247 (2000)
Where the court is without jurisdiction, it has no authority to do anything other than to dismiss the case.” Fontenot v. State, 932 S.W.2d 185” Judicial action without jurisdiction is void.”-Id (1996)
“Jurisdiction means the power of a court to hear and determine a cause, which power is conferred by a constitution or statute, or both.” Penn v. Com. 528 S.E.2d 179, 32 Va. App. 422 (2000)
“Without jurisdiction, criminal proceedings are a nullity.” State v. Inglin, 592 N. W.2d 666, 274 Wis.2d 764 (1999)
“It is most true that this Court will not take jurisdiction if it should not: but it is equally true, that it must take jurisdiction if it should. The judiciary cannot, as the legislature may, avoid a measure because it approaches the confines of the constitution. We cannot pass it by because it is doubtful. With whatever doubts, with whatever difficulties, a case may be attended, we must decide it, if it be brought before us. We have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given. The one or the other would be treason to the constitution. Questions may occur which we would gladly avoid; but we cannot avoid them. All we can do is, to exercise our best judgment, and conscientiously to perform our duty. In doing this, on the present occasion, we find this tribunal invested with appellate jurisdiction in all cases arising under the constitution and laws of the United States. We find no exception to this grant, and we cannot insert one.” Cohens v. Virginia, 19 U.S. 264, 404, 5 L.Ed. 257, 6 Wheat. 264 (1821)
US codes:
TITLE 18 U.S.C. §2076 - Clerk is to file: Whoever, being a clerk willfully refuses or neglects to make or forward any report, certificate, statement, or document as required by law, shall be fined under this title or imprisoned not more than one year, or both.
TITLE 18 U.S.C. §2071 - Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, documents filed or deposited with any clerk or officer of any court, shall be fined or imprisoned not more than three years, or both.
TITLE 18 U.S.C. §1512b - Whoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to - (1) influence, delay, or prevent ... an official proceeding; (2) cause or induce any person to - (a) withhold ... a document, or other object, from an official proceeding; (b) alter, destroy, mutilate, or conceal an official proceeding; … shall be fined under this title or imprisoned not more than 20 years, or both.
: "It is not within those statutory powers for a national bank, even though solvent, to lend its credit to another in any of the various ways in which that might be done." Federal Intermediate Credit Bank v. L 'Herrison, 33 F 2d 841, 842 (1929).
"Whereas, the people of California have presented a constitution....and which, on due examination, is found to be republican in its form of government...." Act [of Congress] for the Admission of California Into the Union, Volume 9, Statutes at Large, Page 452.
TITLE 28 U.S. Code § 1746 - Unsworn declarations under penalty of perjury
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Wherever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form:
(1)
If executed without the United States: “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date).
(Signature)”.
(2)
If executed within the United States, its territories, possessions, or commonwealths: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).
(Signature)”.
Legal Maxim: "if the plaintiff does not prove his case, the defendant is absolved".
"at the Revolution, the sovereignty devolved on the people; and they are truly the sovereigns of the country, but they are sovereigns without subjects...with none to govern but themselves....". CHISHOLM v. GEORGIA (US) 2 Dall 419, 454, 1 L Ed 440, 455 @DALL (1793) pp471-472.
3. This one is one of the most comforting maxims one could have, and your foundation for your peace-of-mind and your security and your capacity to win and triumph -- to get your remedy -- in this business. IN COMMERCE TRUTH IS SOVEREIGN. (Exodus 20:16; Ps. 117:2; John 8:32; II Cor. 13:8 ).Truth is sovereign -- and the Sovereign tells only the truth. Your word is your bond. If truth were not sovereign in commerce, i.e., all human action and inter-relations, there would be no basis for anything. No basis for law and order, no basis no accountability, there would be no standards, no capacity to resolve anything. It would mean "anything goes", "each man for himself", and "nothing matters". That's worse than the law of the jungle. Commerce. "To lie is to go against the mind". Oriental proverb: "Of all that is good, sublimity is supreme."
"The very meaning of 'sovereignty' is that the decree of the sovereign makes law." American Banana Co. v. United Fruit Co., 29 S.Ct. 511, 513, 213 U.S. 347, 53 L.Ed. 826, 19 Ann.Cas. 1047.
peonage(pee24.]peon,n.:https://statenationaldownloads.s3.amazonaws.com/education/peonage.pdf
QUANTUM VALEBAT, pleading. As much as it was worth. When goods are sold, without specifying any price, the law implies a promise from the buyer to the seller that he will pay him for them as much as they were worth.
Quantum valebat, an action to recover of the defendant for goods sold, as much as they were worth.
Canon 2057 Any Administrator or Executor that refuses to immediately dissolve a Cestui Que (Vie) Trust, upon a Person establishing their status and competency, is guilty of fraud and fundamental breach of their fiduciary duties requiring their immediate removal and punishment. One can take control of it the Trust Estate or “Dissolve” it completely and move all Asset to your own account and take control of your Copyright Name and NAME Trademark and Trade-name.
BLACKS LAW 4th edition Pg 289
CESTUI QUE VIE. He whose life is the measure of the duration of an estate. 1 Washb. Real Prop. 88. The person for whose life any lands, tenements, or hereditaments are held.
CESTUI QUE TRUST. He who has a right to a beneficial interest in and out of an estate the legal title to which is vested in another. 2 Washb. Real Prop. 163. The person who possessesthe equitable right to property and receives the rents, issues, and profits thereof, the legal estate of which is vested in a trustee. Bernardsville Methodist Episcopal Church v. Seney, 85 N.J.Eq. 271, 96 A. 388, 389; Moore v. Shifflett, 187 Ky. 7, 216 S.W. 614, 616. Beneficiary of trust, Ulmer v. Fulton, 129 Ohio St. 323, 195 N.E. 557, 564, 97 A.L.R. 1170.
CESTUI QUE USE. He for whose use and benefit lands or tenements are held by another. The cestui que use has the right to receive the profits and benefits of the estate, but the legal title and possession (as well as the duty of defending the same) reside in the other. 2 Bla.Comm. 330; 2 Washb. Real Prop. 95.
Title 43 C.F.R. § 3862.2-3 - Trustee to disclose nature of trust.
§ 3862.2-3 Trustee to disclose nature of trust.
Any party applying for patent as trustee must disclose fully the nature of the trust and the name of the cestui que trust; and such trustee, as well as the beneficiaries, must furnish satisfactory proof of citizenship; and the names of beneficiaries, as well as that of the trustee, must be inserted in the final certificate of entry.
Trusts: Common Law and IRC 501(c)(3) and 4947 ;https://www.irs.gov/pub/irs-tege/eotopica03.pdf
THE NATURE OF THE RIGHTS OF THE CESTUI QUE TRUST. If a trustee should destroy the trust res, or should sell it to a purchaser without notice of the trust and dissipate the purchase money, the cestui que trust may maintain a suit in equity against the trustee for breach of trust, and recover a sum of money, either the value of the trust res, or the amount of profits which should have accrued if no breach had been committed. His right is a personal right against the trustee; it is an equitable obligation. But while a trustee still holds the trust res the right of the cestui que trust is of a different nature.
Title 18 U.S.C. SEC 1001 FRAUD, contracts, torts. Any trick or artifice employed by one person to induce another to fall into an error, or to detain him in it, so that he may make an agreement contrary to his interest. The fraud may consist either, first, in the misrepresentation, or, secondly, in the concealment of a material fact. Fraud, force and vexation, are odious in law. Booth, Real Actions, 250. Fraud gives no action, however, without damage; 3 T. R. 56; and in matters of contract it is merely a defence; it cannot in any case constitute a new contract. 7 Vez. 211; 2 Miles' Rep. 229. It is essentially ad hominem. 4 T. R. 337-8.
TITLE 27 C.F.R. § 72.11 - Meaning of terms; Commercial crimes. Any of the following types of crimes (Federal or State): Offenses against the revenue laws; burglary; counterfeiting; forgery; kidnapping; larceny; robbery; illegal sale; or possession of deadly weapons; prostitution (including soliciting, procuring, pandering, white slaving, keeping house of ill fame, and like offenses); extortion; swindling and confidence games; and attempting to commit, conspiring to commit, or compounding any of the foregoing crimes. Addiction to narcotic drugs and use of marijuana will be treated as if such were commercial crime.;
TITLE 27 C.F.R. SEC 72.11 ; https://www.law.cornell.edu/cfr/text/27/72.11
TITLE 18 U.S.C. SEC 1001 Fraud avoids a contract, ab initio, both at law and in equity, whether the object be to deceive the public, or third persons, or one party endeavor thereby to cheat the other.
TRANSMITTING UTILITY is defined as: A transmitting utility agent, utilized for the purpose of transmitting commercial activity for the benefit of the Grantor / Secured Party, an exclusive agent, with universal agency, a public agent, serving as a conduit for the transmission of goods and services in Commercial Activity, a thing to interact, contract, and exchange goods, services, obligations, and liabilities in Commerce with other Debtors/ grantees, corporations, and artificial persons. The DEBTOR / grantee is a Legal Entity according to the Uniform Commercial Code.
UCC 9-105 (1)(n) "'Transmitting utility' means any person primarily engaged in ... the transmission of goods(1) by pipeline(2) ..."
1.) 9-105 (1)(h) "'Goods' also includes ... the unborn young of animals (humans), and growing crops."
2.) "Pipeline, n. 1. A direct channel by which information is privately transmitted..." (American Heritage Dictionary - 1993) Transmit. To send or transfer from one person or place to another, or to communicate. State v. Robbins, 253 N.C. 47, 116 S.E.2d 192, 193. (Black's Law Dictionary 6th Edition.) Utility. In patent law, a patent applicant must demonstrate that his invention performs some function that is of benefit to society. This utility requirement is in addition to the requirements of non-obviousness and novelty.
With the Birth Certificate of the DEBTOR / grantee being registered in international commerce and having bonds sold on it, the DEBTOR / grantee became the surety on the bonds, or the "pledge." The asset bonded (surety) is the "energy" or the labor of the DEBTOR. Thus the DEBTOR / grantee became the "utility" for the "transmission" of energy, designating the debtor as a TRANSMITTING UTILITY, an individual utility transmitting public and private debt. DEBTOR / grantee is not claiming to be a public utility
The United States is a District of Columbia corporation.
In Volume 20: Corpus Juris Sec. § 1785 we find "The United States government is a foreign corporation with respect to a State" (see: NY re: Merriam 36 N.E. 505 1441 S. 0.1973, 14 L. Ed. 287 Since a corporation is a fictitious "person" (it cannot speak, see, touch, smell, etc.), it cannot, by itself, function in the real world. It needs a conduit, a transmitting utility, a liaison of some sort, to "connect" the fictional person, and fictional world in which it exists, to the real world.
YOU(are not the utility only your name is the vessel) are the transmitting utility.
The FIRST M. LAST all caps name listed on the Birth Certificate.
Your vessel "Person" (estate trust ; estimated value $100,000,000.00 million dollars)
FIRSTNAME (space) MIDDLEINITIAL. (space) LAST ("Person")
JOHN M. DOE signature is the transmitting utility. this is an example.
Title 28 U.S. Code § 453 - Oaths of justices and judges
Each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office: “I, ___ ___, do solemnly swear (or affirm) that I will administer justice without respect to "persons", and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ___ under the Constitution and laws of the "United States".(Take note; Title 26 u.s.c. sec 7806; laws of the united states have no legal affect) So help me God.”
(June 25, 1948, ch. 646, 62 Stat. 907; Pub. L. 101–650, title IV, § 404, Dec. 1, 1990, 104 Stat. 5124.)
HOW TO MAKE AN AUTOGRAPH REVIEW DOCUMENT: https://statenational-downloads.s3.amazonaws.com/education/Autographs.pdf:
Wheeling Steel Corp. v. Fox, 298 U.S. 193, 80 L.Ed. 1143, 56 S.Ct. 773 Alexander v. Bothsworth, 1915. “Party cannot be bound by contract that he has not made or authorized. Free consent is an indispensable element in making valid contracts.” (Ralph M. Brown Act, & Bagley-Keene Open Meeting Act.)
Penhallow v. Doane’s Administrators 3 U.S. 54; 1 L.Ed. 57; 3 Dall. 54; and, b. "the contracts between them" involve U.S. citizens, which are deemed as Corporate Entities: c. "Therefore, the U.S. citizens residing in one of the states of the union, are classified as property and franchises of the federal government as an "individual entity""
Nudd v. Burrows, 91 U.S 426. “Fraud vitiates everything” 70 Am. Jur. 2nd Sec. 50, VII Civil Liability “Fraud destroys the validity of everything into which it enters,” S.C.R. 1795,
"The State of California is an inseparable part of the United States of America, and the United States Constitution is the supreme law of the land." California Constitution, Article 3, Sec. 1.
. 7. IN COMMERCE FOR ANY MATTER TO BE RESOLVED MUST BE EXPRESSED. (Heb. 4:16; Phil. 4:6; Eph. 6:19-21). No one is a mind reader. You have to put your position out there, you have to state what the issue is, to have someone to talk about and resolve. Legal Maxim: "He who fails to assert his rights has none.)
"The state cannot diminish rights of the people." Hurtado v. People of the State of California, 110 U.S. 516.
An unconstitutional legislative enactment, though law in form, is in fact not law at all. “It confers no rights; it imposes no duties; it affords no protection; * * * it is in legal contemplation as inoperative as though it had never been passed.”A court, upon its jurisdiction being properly invoked for the purpose, is in duty bound to test a legislative enactment by all constitutional limitations bearing thereon and condemn it if it be found illegitimate and thus uphold the Constitution as superior to legislative will. Bonnett v. Vallier ET Al. June 5, 1908
"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them." Miranda v. Arizona, 384 US 436, 491.
The American people, newly established sovereigns in this republic after the victory achieved during the Revolutionary War, became complete owners in their land, beholden to no lord or superior; as sovereign freeholders in the land themselves. These freeholders in the original thirteen states now held allodial the land they possessed before the war only feudally. “This new and more powerful title protected the sovereigns from unwarranted intrusions or attempted takings of their land, and more importantly it secured in them a right to own land absolutely in perpetuity.” Chisholm v. Georgia, 2 Dall. (S.) 419 (1793); McConnell v. Wilcox, I Seam. (IR.) 344 (1837) as quoted in Leading Fighter v. County of Gregory, 230 N.W.2d 114, 116 (1975).
The foundation of this nation was real property ownership. That’s why the settlers came here. To insure private ownership of land, the nation’s founding fathers made it unlawful for government to own land except for the ten square miles of Washington D.C. and such as may be needed for erection of Forts, Magazines, Arsenals, dock-Yards, and other needful buildings.
The Land Patent is permanent and cannot be changed by the government after its issuance. “Where the United States has parted with title by a patent legally issued and upon surveys makde by itself and approved by the proper department, the title so granted cannot be impaired by any subsequent survey made by the government for its own purposes.” Cage v. Danks, 13 LA.ANN 128
The Warranty Deed cannot stand against the Land Patent. “A grant of land (Land Patent) is a public law standing on the statue books of the State, and is notice to every subsequent purchaser under any conflicting sale made afterward.” Wineman v. Gastrell, 54 FED 819,2 IS Ap. 581
The “Warranty Deed” is merely a “color of title”. Color of Title means: “That which is a semblance or appearance of title, but not title in fact or in law.” Howth v. Farrar, C.C.A Tex., 94 F.2d 654, 658~ McCoy v. Lowrie, 42 Wash.2d 24, Black’s Law Sixth Ed.
The Land Patent is the only form of perfect title to land available in the United States. Wilcox v. Jackson, 13 PET (U.S.) 498 10 L.Ed. 264
"There can be no sanction or penalty imposed upon one because of this exercise of constitutional rights." Sherer v. Cullen, 481 F 946.
"The State of California is an inseparable part of the United States of America, and the United States Constitution is the supreme law of the land." California Constitution, Article 3, Sec. 1.
In America today people think they own their land, but unless they have the Land Patent on the land they do not own it. Most people today obtain “Real Estate” by contract and then on fulfillment of the contract they transfer control of land by “Warranty Deed”.
In the history of this county no Land Patent has ever lost an appellate review in the courts. As a matter of fact in Suma Corp. v California the Supreme Court ruled forever that the Land Patent would always win over any other form of title. In that case the land in question was tidewater land and California’s claim was based on California’s constitutional right to all tidewater lands. The patent stood supreme even against California’s Constitution.
“The American people, before developing a properly functioning stable government, developed a stable system of land ownership, whereby the people owned their land absolutely and in a manner similar to the king in common-law England. As “allodium“ which means or is defined as man’s own land, which he possesses merely in his own right, without owing any rent or service to any superior.” Wallace v Harmstead, 44 Pa. 492 (1863).
FRAUD, noun [Latin fraus.]
Deceit; deception; trick; artifice by which the right or interest of another is injured; a stratagem intended to obtain some undue advantage; an attempt to gain or the obtaining of an advantage over another by imposition or immoral means, particularly deception in contracts, or bargain and sale, either by stating falsehoods, or suppressing truth.
Land cannot be taken for debt or taxes, but Real Estate can be. What is Real Estate? It’s a document that lays over the land in color of title. It is proper only when no real title to the land exists. Banks and corporations like Real Estate because they can own it without an Act of Congress.
An act of the court shall prejudice no man. Jenkins' Eight Centuries of Reports, 118; Brooms Legal Maxims, Lond. ed. 115; 1 Strange's Reports, 126; 1 Smith's Leading Cases, 245-255; 12 English Common Bench Reports by Manning, Granger, & Scott, 415
"The people of this State, as the successors of its former sovereign, are entitled to all the rights which formerly belonged to the King by his prerogative." Lansing v. Smith, 4 Wend. 9 (N.Y.) (1829), 21 Am.Dec. 89 10C Const. Law Sec. 298; 18 C Em.Dom. Sec. 3, 228; 37 C Nav.Wat. Sec. 219; Nuls 8. "....This declaration of rights may not be construed to impair or deny others retained by the people." California Constitution, Article 1, Declaration Of Rights Sec. 24.
In reversing this ruling, the Court of Appeals found that respondents sought damages from Hafer in her personal capacity and held that, because she acted under color of state law, respondents could maintain a § 1983 individual-capacity suit against her. Held: State officers may be held personally liable for damages under § 1983 based upon actions taken in their official capacities. pp. 25-31. Hafer v. Melo, 502 U.S. 21 (1991).
***Amendment V ***
***No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.***
Amendment V – “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury...” It is in effect a fourth branch of government "governed" and administered to directly by and on behalf of the American people.
“In fact the whole theory of its function is that it belongs to no branch of the institutional government, serving as a kind of buffer or referee between the Government and the people”. Stirone v. United States, 361 U.S. 212, 218, 80 S.Ct. 270, 273, 4 L.Ed.2d 252 (1960); Hale v. Henkel, 201 U.S. 43, 61, 26 S.Ct. 370, 373, 50 L.Ed. 652 (1906); United States v. John H. Williams, Jr.; 112 S.Ct. 1735; 504 U.S. 36; 118 L.Ed.2d 352; No. 90-1972.
“The grand jury's functional independence from the judicial branch is evident both in the scope of its power to investigate criminal wrongdoing, and in the manner in which that power is exercised. "Unlike [a] [c]ourt, whose jurisdiction is predicated upon a specific case or controversy, the grand jury 'can investigate merely on suspicion that the law is being violated, or even because it wants assurance that it is not.'" United States v. R. Enterprises, 498 U.S. ----, ---- , 111 S.Ct. 722, 726, 112 L.Ed.2d 795 (1991) (quoting United States v. Morton Salt Co., 338 U.S. 632, 642-643, 70 S.Ct. 357, 364, 94 L.Ed. 401 (1950)). Blair v. United States, 250 U.S. 273, 282, 39 S.Ct. 468, 471, 63 L.Ed. 979 (1919).; United States v. John H. Williams, Jr.; 112 S.Ct. 1735; 504 U.S. 36; 118 L.Ed.2d 352; No. 90-1972.
THE POWER OF WORDS REVIEW DOCUMENT: https://statenational-downloads.s3.amazonaws.com/education/the-power-of-words-750x2272.pdf
The second maxim is "Equality before the law" or more precisely, ALL ARE EQUAL UNDER THE LAW. (God's Law - Moral and Natural Law). Exodus 21:23-25; Lev. 24: 17-21; Deut. 1;17, 19:21; Mat. 22:36-40; Luke 10:17; Col. 3:25. "No one is above the law". This is founded on both Natural and Moral law and is binding on everyone. For someone to say , or acts as though, he is "above the law" is insane. This is the major insanity in the world today. Man continues to live, act, believe, and form systems, organizations, governments, laws and processes which presume to be able to supercede or abrogate Natural or Moral Law. But, under commercial law, Natural and Moral Law are binding on everyone, and no one can escape it. Commerce, by the law of nations, ought to be common, and not to be converted into a monopoly and the private gain of the few.
AN UNREBUTTED AFFIDAVIT STANDS AS TRUTH IN COMMERCE. (12 Pet. 1:25; Heb. 6:13-15;) Claims made in your affidavit, if not rebutted, emerge as the truth of the matter. Legal Maxim: "He who does deny, admits."
Canon 3228 A Roman Court does not operate according to any true rule of law, but by presumptions of the law. Therefore, if presumptions presented by the private Bar Guild are not rebutted they become fact and are therefore said to stand true [Or as "truth in commerce']
In a court of record, a judge has no discretion. Discretion is reserved to the independent tribunal.
No fact or truth shall be tried in any court in the admiralty, maritime, equity, claims, customs, jurisdiction of the United States.
COURT. The person and suit of the sovereign; the place where the sovereign sojourns with his regal retinue, wherever that may be. [Black's Law Dictionary, 5th Edition, page 318.]
Trade liberty for safety or money you’ll end up with neither. Liberty, like a grain of salt, easily dissolves. The power of questioning not simply believing has no friends. Yet liberty depends on it.
Thomas Jefferson
SUPPORT: WETHEPEOPLELIBERTYNOW @ https://www.givesendgo.com/wethepeoplelibertynowT
The People of California can invoke their court !
Court of Record
A "court of record" is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a perpetual memorial. Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex parte Gladhill, 8 Metc. Mass., 171, per Shaw, C.J. See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155 N.E. 688, 689.
A court of record is a "superior court." (The only Court ONE Court of record in the State of California)
A court not of record is an "inferior court."( Note: Inferior Courts are court of Piracy, Privateering, Fraud on a court of record, sedition on the people of the republic, and Misprision on treason by definition under the law of nations, in title 18 U.S.C. Sec 1651 through 1661; and do not exist any place in LAW)
“Inferior courts” are those whose jurisdiction is limited and special and whose proceedings are not according to the course of the common law.” Ex Parte Kearny, 55 Cal. 212; Smith v. Andrews, 6 Cal. 652 (Note: there is no venue for any other court in the California republic other than a court of record see below)
The word "court" is often employed in statutes otherwise than in its strict technical sense, and is applied to various tribunals not judicial in their character, State vs. Howat, 107 kan. 423, 191 P 585, 589; (not a court, and do not exist, it is a TRAP!!!)
Note: (inferior courts)There is no provision in any constitution be it that of the United States, or that of the state of California which authorizes courts not of record. California Constitution Article VI – Judicial Section 1. The "judicial power" of this "State" is vested in the "Supreme Court", "Courts of appeal", and "Superior Courts", all of which are "Courts of Record". U.S. Constitution Art VII Amendment VII; In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. See California evidence code - EVID 451 and 452 document for more detail: 36f1f6b1-1731-43cf-809f-623f31fa5fbf & the supplemental document to california evidence code 451 & 452 ; e7eaa633-5c5c-4c3a-998c-7181f572b1f4
"The following persons are magistrates: ...The judges of the superior courts...." California Penal Code, Sec. 808.
"our justices, sheriffs, mayors, and other ministers, which under us have the laws of our land to guide, shall allow the said charters pleaded before them in judgement in all their points, that is to wit, the Great Charter as the common law....' Confirmatio Cartarum, November 5, 1297" "Sources of Our Liberties" Edited by Richard L. Perry, American Bar Foundation.
"Henceforth the writ which is called Praecipe shall not be served on any one for any holding so as to cause a free man to lose his court." Magna Carta, Article 34.
COURT. The person and suit of the sovereign; the place where the sovereign sojourns with his regal retinue, wherever that may be. [Black's Law Dictionary, 5th Edition, page 318.]
COURT. An agency of the sovereign created by it directly or indirectly under its authority, consisting of one or more officers, established and maintained for the purpose of hearing and determining issues of law and fact regarding legal rights and alleged violations thereof, and of applying the sanctions of the law, authorized to exercise its powers in the course of law at times and places previously determined by lawful authority. [Isbill v. Stovall, Tex.Civ.App., 92 S.W.2d 1067, 1070; Black's Law Dictionary, 4th Edition, page 425]
COURT OF RECORD. To be a court of record a court must have four characteristics, and may have a fifth. They are:
A. A judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it [Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex parte Gladhill, 8 Metc. Mass., 171, per Shaw, C.J. See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155 N.E. 688, 689][Black's Law Dictionary, 4th Ed., 425, 426]
B. Proceeding according to the course of common law [Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex parte Gladhill, 8 Metc. Mass., 171, per Shaw, C.J. See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155 N.E. 688, 689][Black's Law Dictionary, 4th Ed., 425, 426]
C. Its acts and judicial proceedings are enrolled, or recorded, for a perpetual memory and testimony. [3 Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas Fletcher, C.C.Ga., 24 F. 481; Ex parte Thistleton, 52 Cal 225; Erwin v. U.S., D.C.Ga., 37 F. 488, 2 L.R.A. 229; Heininger v. Davis, 96 Ohio St. 205, 117 N.E. 229, 231]
D. Has power to fine or imprison for contempt. [3 Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas Fletcher, C.C.Ga., 24 F. 481; Ex parte Thistleton, 52 Cal 225; Erwin v. U.S., D.C.Ga., 37 F. 488, 2 L.R.A. 229; Heininger v. Davis, 96 Ohio St. 205, 117 N.E. 229, 231.][Black's Law Dictionary, 4th Ed., 425, 426]
E. Generally possesses a seal. [3 Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas Fletcher, C.C.Ga., 24 F. 481; Ex parte Thistleton, 52 Cal 225; Erwin v. U.S., D.C.Ga., 37 F. 488, 2 L.R.A. 229; Heininger v. Davis, 96 Ohio St. 205, 117 N.E. 229, 231.][Black's Law Dictionary, 4th Ed., 425, 426] Continued education and training link: https://www.1215.org/lawnotes/a/court.htm
SUPERIOR COURT CALIFORNIA FOOD FOR THOUGHT ON LEGISLATIVE CONSTRUCTION WHICH IS SHUT DOWN AND PROHIBITED AS OF AUG 16, 1954; IN THE UNITED STATES AND IN ANY STATE DUE TO TITLE 26 USC SEC 7806 (a) & (b) NO LEGAL AFFECT & NO ARRANGEMENT OR CLASSIFICATION, OR INFERENCE IMPLICATION OR PRESUMPTION SHALL BE DRAWN BY REASON SO REVIEW BELOW AND SEE WHAT IS TRUE NORTH!!! Continued education link: 9465ca61-87e9-4513-a211-2b9440cdbe1c
TAX COURT IS A COURT OF RECORD
IT IS NOT AN ADMINISTRATIVE COURT
Tax Court is a court of record. It is not an administrative court unless you permit it to quit being a court of record.
Here is what the Internal Revenue Code designates:
26 USC 7441: Status. "There is hereby established, under article I of the Constitution of the United States, a court of record to be known as the United States Tax Court. The members of the Tax Court shall be the chief judge and the judges of the Tax Court."
Most attorneys will tell you that a court is a forum where litigants may take problems for resolution. Others will tell you that the terms "court" and "judge" are interchangeable. Then there are the various dictionary definitions. But, here is the real substance of a court:
A court is a stage
upon which the sovereign conducts his show
so as to satisfy the rest of the world that his decision is a good one.
COURT OF LAW VS. COURT OF EQUITY
EQUITY, COURT OF. A court of equity is one which administers justice, where there are no legal rights, or legal rights, but courts of law do not afford a complete, remedy, and where the complainant has also an equitable right. Vide Chancery.
CHANCERY. The name of a court exercising jurisdiction at law, but mainly in equity.
The judge of the court of chancery, often called a court of equity, bears the title of chancellor. The equity jurisdiction, in England, is vested, principally, in the high court of chancery. This court is distinct from courts of law. " American courts of equity are, in some instances, distinct from those of law, in others, the same tribunals exercise the jurisdiction both of courts of law and equity, though their forms of proceeding are different in their two capacities. The supreme court of the United States, and the circuit courts, are invested with general equity powers, and act either as court's of law or equity, according to the form of the process and the subject of adjudication.
LAW, COMMON. The common law is that which derives its force and authority from the universal consent and immemorial practice of the people.
The phrase "common law" occurs in the seventh article of the amendments of the constitution of the United States. "In suits at common law, where the value in controversy shall not exceed twenty dollar says that article, "the right of trial by jury shall be preserved. The "common law" here mentioned is the common law of England, and not of any particular state. 1 Gallis. 20; 1 Bald. 558; 3 Wheat. 223; 3 Pet. R. 446; 1 Bald. R. 554. The term is used in contradistinction to equity, admiralty, and maritime law. 3 Pet. 446; 1 Bald. 554.
The people must select the proper form to ensure a process and subject of adjudication which will serve them. The review of the following will provide some depth in understanding of disabling forms of adjudication.
Please review: Definitions and Sources of Law CA Civ Code § 22.2
The common law of England, so far as it is not repugnant to or inconsistent with the Constitution of the United States, or the Constitution or laws of this State, is the rule of decision in all the courts of this State. Law note: ( This ca civ code 22.2 is treason on its face) link: https://california.public.law/codes/ca_civ_code_section_22.2 Remember the Administrative Procedures Acts statutes, and code's are not Law and have nothing to do with common law. Also remember California Constitution ;This enumeration of rights shall not be construed to impair or deny others retained by the people. California Constitution, Article 1, Declaration of Rights Sec 21 Oct 12 1849. Which after comparison to the 22.2 code clearly there is no way to loose your common law court.
First point the Constitution of the United States provides for common law in the VII amendment: In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re- examined in any Court of the United States, than according to the rules of the common law. Which gives no opportunity to become repugnant or inconsistent, in reality its just the opposite but you should have that grasped by now. But for the sake of the slow review Link for review: https://www.law.cornell.edu/constitution/seventh_amendment
Or the constitution or laws of this state and the 1849 constitution of California. Because California’s “1879 Constitution” created administrative law separate from constitutional law established by the 1849 Constitution, which remains in effect. The importance of the form to follow is of paramount value to the people. Link for your review: https://ia804508.us.archive.org/28/items/californias-1879-constitution-created-administrative-law/california%27s%201879%20constitution%20created%20administrative%20law.pdf
In California all the Courts are private corporations with DUNS numbers. Which means the people are not obligated to contract with any court for any reason. Unless you are in your court as the tribunal with all the discretion to decree law.
Check link: https://www.dnb.com/ Do a search in the search engine, see for your self, if the court in question is in Dun & Bradstreet with a duns number.
Follow the process as follow below:
COURT OF LAW FORM OF PROCESS AND SUBJECT OF ADJUDICATION
THE FORM OF THE PROCESS IS SELECTED BY THE PEOPLE TO ADJUDICATE IS AS FOLLOWS BELOW
John Dow Henery (hereinafter "Plaintiff") is one of the people of California, (or of the
United States) , and in this court of record, complains of Bent Copper (hereinafter
"Defendant"), who is (summoned) to answer the said Plaintiff in a plea of trespass
count charges on the case to wit;
DEFINITION OF A COURT: The person and suit of the sovereign; the place where the sovereign sojourns with his regal retinue, wherever that may be. [Black's Law Dictionary, 5th Edition, page 318.]
LAW. In its most general and comprehensive sense, law signifies a rule of action; and this term is applied indiscriminately to all kinds of action; whether animate or inanimate, rational or irrational. 1 Bl. Com. 38. In its more confined sense, law denotes the rule, not of actions in general, but of human action or conduct. In the civil code of Louisiana, art. 1, it is defined to be "a solemn expression of the legislative will." Vide Toull. Dr. Civ. Fr. tit. prel. s. 1, n. 4; 1 Bouv. Inst. n. 1-3.
28 U.S. Code § 454 - Practice of law by justices and judges
Any justice or judge appointed under the authority of the United States who engages in the practice of law is guilty of a high misdemeanor.
(Law is practiced in a court of record by a Tribunal or Special Master)
(June 25, 1948, ch. 646, 62 Stat. 908.) Continued education link; https://www.law.cornell.edu/uscode/text/28
2. Law is generally divided into four principle classes, namely; Natural law, the law of nations, public law, and private or civil law. When considered in relation to its origin, it is statute law or common law. When examined as to its different systems it is divided into civil law, common law, canon law. When applied to objects, it is civil, criminal, or penal. It is also divided into natural law and positive law. Into written law, lex scripta; and unwritten law, lex non scripta. Into law merchant, martial law, municipal law..
Continued education and training all government agency's are private corporations and have no sovereign authority. This includes all courts venues ( Not a court of record, which is the only sovereign authority anywhere ) which means all courts must use contract law with full disclosure ;HIDDEN IN PLAIN SIGHT education link;https://www.bitchute.com/video/QP40fqdt0nZh/
HIGH COURT UPHOLDS THE RIGHT 1 continued education & training link: https://www.bitchute.com/video/hpH2GB7KrcaM/
THE RULE OF LAW continued education & training link: https://www.bitchute.com/video/BG6ieurtQhHk/
RULE OF LAW PART TWO continued education & training link: https://www.bitchute.com/video/4FdS5EVCxdnw/
THE PRIZE COURTS CHAT continued education & training link: https://www.bitchute.com/video/MGZAQNS8WIjr/
Clearfield Doctrine;
All courts where dissolved in 2008 under the clearfield doctrine then became registered companies on Dunn and Bradstreet company search. When governments enter the world of commerce, they are subject to the same burdens as any private firm or corporation U.S v Burr 309 U.S 22. See 22, U.S CA 286 e Bank of US v Planters Bank of Georgia 6L Ed (Wheat 244.) NOTE: Under the Clearfield Doctrine, the courts are no longer government entities in that they are demanding private monies and must have a contract with you to compel performance. They are no more special as a normal business than your local Jack In The Box. Clearfield Doctrine - “private commercial paper is used by corporate government, then government loses its sovereignty status and becomes no different than a mere private corporation” . Government create and enforce CIVIL LAWS known as statues, acts and legislation created by the Bar Association (set up by Rothschilds) which are duty bound to comply with the LAW of CONTRACTS. The Law of Contracts requires signed written agreements and complete transparency! Link; https://thepeopleslawyeruk.com/wp-content/uploads/Exhibit-8a-Clearfield-doctrine.pdf
LAW OF CONTRACT CONTINUED EDUCATION LINK: https://www.casrilanka.com/casl/images/stories/EDBA/contract%20law.pdf
LEARNING OUR ABC CONTINUED EDUCATION & TRAINING LINK:https://www.bitchute.com/video/iWmGIr3mN9N4/
SPECIFIC PERFORMANCE
The term “specific performance” refers to literal performance of one’s obligations under a contract. Should a party default on his obligation, a court may issue an order for specific performance, requiring a party to perform a particular action. LINK;https://legaldictionary.net/specific-performance/
The people must rebut all offers to contract from any government agency, organization, court, not to fall into Qui tacet consentire videtur;
A silence procedure or tacit consent[1] or tacit acceptance procedure[2] (French: procédure d'approbation tacite; Latin: qui tacet consentire videtur, "he who is silent is taken to agree", "silence implies/means consent") is a way of formally adopting texts, often, but not exclusively in international political context.
A textbook on diplomacy describes the silence procedure thus:https://en.wikipedia.org/wiki/Silence_procedure
The people must evoke their court and rebut all offers by asking questions;
How; when; why; What;
As a private corporation when did we sign a contract with you?
Were we given true, complete, certain and not misleading disclosure?
8 Parts to a Lawful Contract CONTINUED EDUCATION & TRAINING LINK: /wp-content/uploads/go-x/u/cb193394-989e-41e5-9214-681a23e96aae/8-Parts-to-a-Lawful-Contract.pdf
The Hierarchy of law
GOD
MAN --------------------COURT
CORPORATIONS----------COURT
THE PEOPLE (MAN) COURT IS HIGHER THEN THE CORPORATIONS COURT; THE PEOPLE MUST ASK THE COURT FOR THE CONTRACT WITH FULL DISCLOSURE THAT THE PEOPLE HAVE SIGNED WITH THE TERMS AND CONDITIONS;
UNLESS THEY CAN SHOW THE CONTRACT THEN THERE IS NO CONTRACT!!!
SUMMARY
ANYONE DEMANDING PAYMENT FROM US MUST HAVE A CONTRACT WITH US!
TO GET RELIEF WE MUST DEMAND THE CONTRACT!
FICTION IS NOT LAW
The people must understand that they are the only sovereign and or principal, which can make "law" and or contract. This relationship, nexus is established in all court proceedings in any "court form" out side that of a court of record. The only sovereign court venue is a court of record, period. This fact must be "ingrained" and understood, the people have the power, not the corporate fiction. Unless you give up your power and contract, by hiring an attorney, agreeing, argument, and silence. We the people must decree the law and create our contracts through this process! Remember man's "COURT" is above that of the corporation, we the people must work to keep it that way!!!
This power of the only sovereign/principal is present at all times; Aka if the people are challenging jurisdiction through a counterclaim, and or directing the principal/agent relationship; with the prosecutor, not the magistrate. The people must understand their Standing; Remember everything in court is about contracting or negotiating a contract, by renegotiating, accepting, argument, silence; we the people must have standing; This all centers around the principal/agent relationship; link;https://www.bitchute.com/video/KbH4XTMAgd8N/
AGENT - PRINCIPAL RELATIONSHIP
Inherent in the Principal-Agent (P-A) relationship is the understanding that the agent will act for and on behalf of the principal. The agent assumes an obligation of loyalty to the principal that she will follow the principal�s instructions and will neither intentionally nor negligently act improperly in the performance of the act. An agent cannot take personal advantage of the business opportunities the agency position uncovers. A principal, in turn, reposes trust and confidence in the agent. These obligations bring forth a fiduciary relationship of trust and confidence between P and A.
Who can be a Principal?
Any person who has the legal capacity (meaning that they are not insane, or in certain circumstances a minor) to perform an act may be a principal and empower an agent to carry out that act. Persons, corporations, partnerships, not-for-profit organizations, and government agencies may all be principals and appoint agents. LINK; https://www.ruf.rice.edu/~schuler/principal-agent.html
The agent-principal relationship is critical to understand; The Principal is the higher position; The prosecutor is trying to switch the principal to the trustee; who pays; so understanding of the instruments at large. Will provide the proper strategy to navigate through this process. Also understand this process for the magistrate, prosecutor, and defense attorney, adds up to a sale, with a commission. So having the knowledge will keep their secret commissions out of their pocket.
Please review secret commission definition link; https://www.lawinsider.com/dictionary/secret-commission
STRATEGY IN THE COURT/OR WHEN YOUR COURT IS IN SESSION/OR THE TRUST IS QUESTIONED
When the magistrate/or agents of the magistrate/or officers of the court/etc....
Start to speak to; try to speak to; or are attempting to speak to; the trust; (The in ALL CAP; Legal ENTITY, PERSON, TAXPAYER, INDIVIDUAL, etc...)
1. The first attempt by magistrate/ agent/ officer; The principal's Answer; " I believe I am the principal for that TRUST"
2. The second attempt by magistrate/ agent/ officer; The principals Answer, " Are you offering me a new contract" or " With all due respect your honor I believe I am principal for that TRUST" Or "are you trying to enter my estate TRUST by false means";
3. The third Attempt by magistrate/ agent/ officer; They will not make a third attempt without losing their position/agency/contract; Legal Maxim: "He who does not repel a wrong when he can, occasions it".
The key is to have your standing in place who "THE PRINCIPAL IS" and who " THE AGENT IS" they are; PRINCIPAL - AGENT - RELATIONSHIP
training & education Link: https://www.bitchute.com/video/KbH4XTMAgd8N/
PRINCIPAL= THE PEOPLE/ the sovereign of the court, and the principal of the trust; in all CAP legal entity; PERSON; TAXPAYER; INDIVIDUAL; etc all other fictions with a nexus to the principal.
AGENT= PROSECUTOR / MAGISTRATE / OFFICER OF COURT / any "person" questioning or attempting to contract with the principal without expressed full disclosure of specific performance, requirements.
STAY IN YOUR COURT/ A COURT OF RECORD /THE ONLY SOVEREIGN COURT /CREATED BY WE THE PEOPLE
THE DECREE OF THE SOVEREIGN CREATES LAW!!!
THE LAW AND YOU BY BILL TURNER NZ Link for continued education; https://www.bitchute.com/video/JBOetwcllozE/
THE ONLY SOVEREIGNS ON OR OF THE LAND ARE WE THE PEOPLE
THE KING GONE
An Act for Abolishing the Kingly Office (1649) With the conclusion of the English Civil War and the execution of King Charles I, Parliament passes a law laying claim on the right to legislate on the institution of the monarch itself CONTINUED EDUCATION LINK: https://blog.umd.edu/slaverylawandpower/an-act-for-abolishing-the-kingly-office-march-17-1649/
List of Acts of the Parliament of England, 1660–1669 LINK: https://en.wikipedia.org/wiki/List_of_Acts_of_the_Parliament_of_England,_1660%E2%80%931669
In the United States Court of Federal Claims
On June 28, 2022, plaintiff filed a form complaint accompanied by an appendix of documents. In the complaint, plaintiff alleges that the “United States was and is acting as” the “custodian” of his “Estate” because, pursuant to the “Cestui Que Vie Act [of] 1666,” it presumed that he was dead or had abandoned his “Estate.” Compl. 1.1 He further alleges that neither presumption is accurate––he is alive and has not abandoned his “Estate.” Id. He represents that to support his allegations, he attached to his complaint evidence of “the United States[’] involvement over the said Estate” and the name and registration number of the “Estate.” Id. at 2. LINK: https://ecf.cofc.uscourts.gov/cgi-bin/show_public_doc?2022cv0721-7-0
PLEASE (THE CROWN / TWO TWINS IN THE WOMB) REVIEW CONTINUED EDUCATION LINK: https://www.bitchute.com/video/OrIhxq6eOyFC/
ROMANS 9: 11 & 12 Romans 9:11-12 New International Version
11 Yet, before the twins were born or had done anything good or bad—in order that God’s purpose in election might stand: 12 not by works but by him who calls—she was told, “The older will serve the younger.”[a] (be advised Title 26 U.S.C. Sec 7806; is a prohibition on younger)
Footnotes
- Romans 9:12 Gen. 25:23
BOTH THE BIRTH CERTIFICATE & CERTIFICATE OF LIVE BIRTH; ARE PRINTED ON SECURITY PAPER.
THE CHIEF ADMINISTRATOR: AGENCY / AGENT OF THE CROWN (AKA PLACENTA TWIN) IS OR ARE "CROWN AGENTS" EVERYTHING IS A DISTRACTION TO THIS TRUTH
Crown Agents Crown Agents originated as a body conducting financial transactions for British colonies. Agents were first appointed in 1749 to transfer and account for grants made to colonies from the British Treasury.[4] These representatives were known unofficially as 'Crown Agents' from at least 1758, and were accountable to colonial governments, though selected on the recommendation of the British government.[4] A single body was created in 1833, when the Crown Agents' business was consolidated under two Joint Agents General for Crown Colonies with an office of several staff.[4] CONTINUED EDUCATION & TRAINING LINK: https://en.wikipedia.org/wiki/Crown_Agents
IN THE UNITED STATES OF AMERICA THIS IS ACCOMPLISHED THROUGH STATUES AND CODE OF THE A.P.A.
Administrative Procedure Act United States [1946]
(a) AGENCY. —"Agency" means each authority (whether or not within or subject to review by another agency) or the Government of the United States other than Congress, the courts, or the governments of the possessions, Territories, or the District of Columbia. continued education & training link: https://www.justice.gov/sites/default/files/jmd/legacy/2014/05/01/act-pl79-404.pdf
WE THE PEOPLE ARE ABOVE WHAT MAN HAS CREATED AND THE PRINCIPAL IN THE RELATIONSHIP WITH THE AGENT AND THE CROWN (WHO'S CROWN IS IT REALLY) It's YOUR FAMILY name they took for their own purposes. quantum valebate; Quantum valebat, an action to recover of the defendant for goods sold, as much as they were worth.
Canon 2057 Any Administrator or Executor that refuses to immediately dissolve a Cestui Que (Vie) Trust, upon a Person establishing their status and competency, is guilty of fraud and fundamental breach of their fiduciary duties requiring their immediate removal and punishment. (What was sold you ask your family name tradename/trademark created a trust & your birth certificate bond and sold it on the open money markets) which you are the beneficiary. RIGHT LET'S KEEP THEM HONEST!!!
STAMP DUTY / accepted for value and pay bills.
STAMP, revenue. An impression made on paper, by order of the government, which must be used in reducing certain contracts to writing, for the purpose of raising a revenue. Vide Stark. Ev. h. t.; 1 Phil. Ev. 444. 2. Maryland is the only state in the United States that has enacted a stamp.
What Is a Stamp Duty?
A stamp duty is a tax that governments place on legal documents, usually involving the transfer of real estate or other assets. Governments can impose stamp duties, also known as stamp taxes, on documents that are needed to legally record those types of transactions, as well as on documents recording marriages, military commissions, copyrights, patents, and so forth.
Historically, governments have used stamp taxes as a way to raise money to fund their activities. Stamp duties are thought to have originated in Spain in the early 17th century. They were called “stamp” duties because a physical stamp was put on the document as proof that it had been officially recorded and the tax liability had been paid.
MONEY. Gold, silver, and some other less precious metals, in the progress of civilization and commerce, have become the common standards of value; in order to avoid the delay and inconvenience of regulating their weight and quality whenever passed, the governments of the civilized world have caused them to be manufactured in certain portions, and marked with a Stamp which attests their value; this is called money. 1 Inst. 207; 1 Hale's Hist. 188; 1 Pardess. n. 22; Dom. Lois civ. liv. prel. t. 3, s. 2, n. 6.
2. For many purposes, bank notes; (q. v.) 1 Y. & J, 380; 3 Mass. 405; 14 Mass. 122; 2 N. H. Rep. 333; 17 Mass. 560; 7 Cowen, 662; 4 Pick. 74; Bravt. 24; a check; 4 Bing. 179; S. C. 13 E. C. L. R. 295; and negotiable notes; 3 Mass. 405; will be so considered. To support a count for money had and received, the receipt by the defendant of bank notes, promissory notes: 3 Mass. 405; 3 Shepl. 285; 9 Pick. 93; John. 132; credit in account, in the books of a third person; 3 Campb. 199; or any chattel, is sufficient; 4 Pick. 71; 17 Mass. 560; and will be treated as money. See 7 Wend. 311; 8 Wend. 641; 7 S. & R. 246; 8 T. R. 687; 3 B. & P. 559; 1 Y. & J. 380.
Bill of exchange Act; 12 U.S. Code § 361 - Bills receivable, bills of exchange, acceptances; regulations by Board of Governors U.S. Code Notes prev | next The discount and rediscount and the purchase and sale by any Federal reserve bank of any bills receivable and of domestic and foreign bills of exchange, and of acceptances authorized by this chapter, shall be subject to such restrictions, limitations, and regulations as may be imposed by the Board of Governors of the Federal Reserve System.
What is a bill of exchange; Bill of exchange defined
(1)A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand, or at a fixed or determinable future time, a sum certain in money to or to the order of a specified person, or to bearer. (2) An instrument that does not comply with these conditions, or that orders any act to be done in addition to the payment of money, is not a bill of exchange. (3) An order to pay out of a particular fund is not unconditional within the meaning of this section; but an unqualified order to pay, coupled with (a) an indication of a particular fund out of which the drawee is to reimburse himself or herself or a particular account to be debited with the amount, or (b) a statement of the transaction giving rise to the bill, is unconditional. (4)A bill is not invalid by reason that— (a)it is not dated: (b) it does not specify the value given, or that any value has been given, therefor: (c) it does not specify the place where it is drawn or the place where it is payable.
STAMP AND CHECK DUTY ACT.
RATES OF CHEQUE DUTY;78. Rates of cheque duty-(I) Subject to subsection (2) of this section, cheque duty shall be computed at the rate of 2 cents per bill of exchange. (2) Cheque duty payable by any person to which section 80 of this Act applies shall be computed at the rate of 5 cents per 3 bills of exchange, and 2 cents for each of such number of bills as may be less than 3. (3) Cheque duty prepaid on bill of exchange forms under section 81, section 82, or section 83 of this Act shall be computed at the rate of 5 cents per 3 forms, and 2 cents for each of such number of forms as may be less than 3. Cf. 1954, No. 52, s. 121; 1967, No. 3, s. 5 (1)
84. Cheque duty payable otherwise than under a licence- ( 1) This section applies to all bills of exchange for which cheque duty has not been prepaid in accordance with section 81, or section 82, or section 83 of this Act. (2) In this section the expression "duly stamped" means stamped by- ( a) Affixing an adhesive stamp or stamps on the face of the bill of exchange for the amount of the cheque duty payable on the bill; and (b) Effectively cancelling each stamp so as to render it incapable of being used again; and ( c) Stating on the bill the true date of cancellation.
post·age stamp[ˈpōstij ˌstamp] NOUN postage stamps (plural noun)
a small adhesive piece of paper of specified value issued by a postal authority to be affixed to a letter or parcel to indicate the amount of postage paid.
state·ment [ˈstātmənt] NOUN a document setting out items of debit and credit between a bank or other organization and a customer.
General duties of the holder
When presentment for acceptance is necessary (1) Where a bill is payable after sight, presentment for acceptance is necessary in order to fix the maturity of the instrument. (2) Where a bill expressly stipulates that it shall be presented for acceptance, or where a bill is drawn payable elsewhere than at the residence or place of business of the drawee, it must be presented for acceptance before it can be presented for payment. (3) In no other case is presentment for acceptance necessary in order to render liable any party to the bill. (4) Where the holder of a bill drawn payable elsewhere than at the place of business or residence of the drawee has not time, with the exercise of reasonable diligence, to present the bill for acceptance before presenting it for payment on the day that it falls due, the delay caused by presenting the bill for acceptance before presenting it for payment is excused and does not discharge the drawer and indorsers.
Discharge of bill
Payment in due course (1) A bill is discharged by payment in due course by or on behalf of the drawee or acceptor. (2) Payment in due course means payment to the holder of the bill made at or after the maturity thereof in good faith and without notice that the holder’s title is defective. (3) Subject to the provisions hereinafter contained, when a bill is paid by the drawer or an indorser it is not discharged: but (a)where a bill payable to or to the order of a third party is paid by the drawer, the drawer may enforce payment thereof against the acceptor, but may not reissue the bill: (b)where a bill is paid by an indorser, or where a bill payable to drawer’s order is paid by the drawer, the party paying it is remitted to his or her former rights as regards the acceptor or antecedent parties, and may, if he or she thinks fit, strike out his or her own and subsequent indorsements, and again negotiate the bill. (4) Where an accommodation bill is paid in due course by the party accommodated the bill is discharged.
Alteration of bill
(1) Where a bill or acceptance is materially altered without the assent of all parties liable on the bill, the bill is avoided except as against a party who has himself or herself made, authorised, or assented to the alteration, and subsequent indorsers: provided that, where a bill has been materially altered, but the alteration is not apparent, and the bill is in the hands of a holder in due course, such holder may avail himself or herself of the bill as if it had not been altered, and may enforce payment of it according to its original tenor. (2) In particular the following alterations are material, namely, any alteration of the date, the sum payable, the time of payment, the place of payment, and, where a bill has been accepted generally, the addition of a place of payment without the acceptor’s assent.
Acceptance and payment for honour
Acceptance for honour supra protest
(1) Where a bill of exchange has been protested for dishonour by non-acceptance, or protested for better security, and is not overdue, any person, not being a party already liable thereon, may, with the consent of the holder, intervene and accept the bill supra protest, for the honour of any party liable thereon, or for the honour of the person on whose account the bill is drawn. (2)A bill may be accepted for honour for part only of the sum for which it is drawn. (3) An acceptance for honour supra protest in order to be valid must— (a)be written on the bill and indicate that it is an acceptance for honour; and (b)be signed by the acceptor for honour. (4) Where an acceptance for honour does not expressly state for whose honour it is made, it is deemed to be an acceptance for the honour of the drawer. (5) Where a bill payable after sight is accepted for honour, its maturity is calculated from the date of the noting for non-acceptance, and not from the date of the acceptance for honour.
OK NOW LETS MKE A PAYMENT WE NEED CONSITERATION 1 DOLLAR STAMP AND WE NEED A 5 CENT STAMP AFFIXED (for the cheque duty) TO THE CHECK STUB OF PRESENTMENT.
Accommodation party (1) An accommodation party to a bill is a person who has signed a bill as drawer, acceptor, or indorser without receiving value therefor, and for the purpose of lending his or her name to some other person. (2) An accommodation party is liable on the bill to a holder for value; and it is immaterial whether, when such holder took the bill, he or she knew such party to be an accommodation party or not.
Bill of exchange defined; (3) (b) a statement of the transaction giving rise to the bill, is unconditional.
SIGN BILL STATEMENT. accepted for value by accommodation: Your legal entity name; John Doe first & middle name.
continued education & training review video a few times to fully understand: https://www.bitchute.com/video/UC089KXlzy49/
Constitution for the United States of America,
Article VII.
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re- examined in any Court of the United States, than according to the rules of the common law.
AMENDMENT IX. "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
AMENDMENT X. "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
“The grand jury is an institution separate from the courts, over whose functioning the courts do not preside, we think it clear that, as a general matter at least, no such supervisory judicial authority exists” - 1990, U.S v. Williams
In the Supreme Court case of United States v. Williams, 112 S.Ct. 1735, 504 U.S. 36, 118 L.Ed.2d 352 (1992), Justice Antonin Scalia, writing for the majority, confirmed that the American grand jury is neither part of the judicial, executive nor legislative branches of government, but instead belongs to the people. It is in effect a fourth branch of government "governed" and administered to directly by and on behalf of the American people, and its authority emanates from the Bill of Rights.
US codes:
TITLE 18 U.S.C. §2076 - Clerk is to file: Whoever, being a clerk willfully refuses or neglects to make or forward any report, certificate, statement, or document as required by law, shall be fined under this title or imprisoned not more than one year, or both.
TITLE 18 U.S.C. §2071 - Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, documents filed or deposited with any clerk or officer of any court, shall be fined or imprisoned not more than three years, or both.
TITLE 18 U.S.C. §1512b - Whoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to - (1) influence, delay, or prevent ... an official proceeding; (2) cause or induce any person to - (a) withhold ... a document, or other object, from an official proceeding; (b) alter, destroy, mutilate, or conceal an official proceeding; … shall be fined under this title or imprisoned not more than 20 years, or both.
WE THE PEOPLE "GRAND JURY"
“The Court of Appeals' rule would neither preserve nor enhance the traditional functioning of the grand jury that the "common law" of the Fifth Amendment demands” - 1990, U.S v. Williams
“The grand jury requires no authorization from its constituting court to initiate an investigation,” see Hale, supra, 201 U.S., at 59-60, 65, 26 S.Ct., at 373, 375, ).; United States v. John H. Williams, Jr.; 112 S.Ct. 1735; 504 U.S. 36; 118 L.Ed.2d 352; No. 90-1972. ;
Grand Jury link; https://www.1215.org/lawnotes/lawnotes/jury.htm
The people connection is through the constitution for the United States of America Article VII connection to common law, Confirmato Cartarum Oct 10, 1297 connection to the Great Charter as common law, and to the Magna Carta, + 61;
Grand Jury Rules link:https://www.1215.org/lawnotes/lawnotes/grandjuryrules.htm
CONFIRMATIO CARTARUM [26]
October 10, 1297
EDWARD, by the grace of God, King of England, Lord of Ireland, and Duke of Guian[27], to all those that these present letters shall hear or see, greeting. Know ye that we, to the honour of God and of Holy Church, and to the profit of our realm, have granted for us and our heirs, that the Charter of liberties, and the Charter of the forest[28], which were made by common assent of all the realm, in the time of King HENRY our father, shall be kept in every point without breach. (2) And we will that the same charters shall be sent under our seal, as well to our justices of the forest, as to others, and to all sheriffs of shires, and to all our other officers, and to all our cities throughout the realm, together with our writs, in the which it shall be contained, that they cause the foresaid charters to be published, and to declare to the people that we have confirmed them in all points; (3) and that our justices, sheriffs, mayors, and other ministers, which under us have the laws of our land to guide, shall allow the said charters pleaded before them in judgement in all their points, that is to wit, the Great Charter as the common law[*] and the Charter of the forest, for the wealth of our realm.
MAGNA CARTA
THE GREAT CHARTER OF ENGLISH LIBERTY
DECREED BY KING JOHN AT RUNNYMEDE
JUNE 15, A.D. 1215*
+61. Inasmuch as for the sake of God, and for the bettering of our realm, and for the more ready healing of the discord which has arisen between us and our barons, we have made all these aforesaid concessions,--wishing them to enjoy for ever entire and firm stability, we make and grant to them the following security: that the barons, namely, may elect at their pleasure twenty five barons from the realm, who ought, with all their strength, to observe, maintain and cause to be observed, the peace and privileges which we have granted to them and confirmed by this our present charter. In such wise, namely, that if we, our justice, or our bailiffs, or any one of our servants shall have transgressed against any one in any respect, or shall have broken some one of the articles of peace or security, and our transgression shall have been shown to four barons of the aforesaid twenty five: those four barons shall come to us, or, if we are abroad, to our justice, showing to us our error; and they shall ask us to cause that error to be amended without delay. And if we do not amend that error, or, we being abroad, if our justice do not amend it within a term of forty days from the time when it was shown to us or, we being abroad, to our justice: the aforesaid four barons shall refer the matter to the remainder of the twenty five barons, and those twenty five barons, with the whole land in common, shall distrain and oppress us in every way in their power,--namely, by taking our castles, lands and possessions, and in every other way that they can, until amends shall have been made according to their judgment. Saving the persons of ourselves, our queen and our children. And when amends shall have been made they shall be in accord with us as they had been previously. And whoever of the land wishes to do so, shall swear that in carrying out all the aforesaid measures he will obey the mandates of the aforesaid twenty five barons, and that, with them, he will oppress us to the extent of his power. And, to any one who wishes to do so, we publicly and freely give permission to swear; and we will never prevent any one from swearing. Moreover, all those in the land who shall be unwilling, themselves and of their own accord, to swear to the twenty five barons as to distraining and oppressing us with them: such ones we shall make to swear by our mandate, as has been said. And if any one of the twenty five barons shall die, or leave the country, or in any other way be prevented from carrying out the aforesaid measures,--the remainder of the aforesaid twenty five barons shall choose another in his place, according to their judgment, who shall be sworn in the same way as the others. Moreover, in all things entrusted to those twenty five barons to be carried out, if those twenty five shall be present and chance to disagree among themselves with regard to some matter, or if some of them, having been summoned, shall be unwilling or unable to be present: that which the majority of those present shall decide or decree shall be considered binding and valid, just as if all the twenty five had consented to it. And the aforesaid twenty five shall swear that they will faithfully observe all the foregoing, and will cause them to be observed to the extent of their power. And we shall obtain nothing from any one, either through ourselves or through another, by which any of those concessions and liberties may be revoked or diminished. And if any such thing shall have been obtained, it shall be vain and invalid, and we shall never make use of it either through ourselves or through another.
Webster's Dictionary 1828
definition: Baron
1. In Great Britain, a title or degree of nobility; a lord; a peer; one who holds the rank of nobility next below that of a viscount, and above that of a knight or baronet.
definition: PEE'RAGE, noun [See Peer, an equal.]
The rank or dignity of a peer or nobleman.
1. The body of peers.
PEER, noun [Latin par.]
1. An equal; one of the same rank. A man may be familiar with his peers.
definition Nobility;
1. The persons collectively who enjoy rank above commoners; the peerage; as the English nobility; French, German, Russian nobility :
Nobility: https://webstersdictionary1828.com/Dictionary/Nobility
Bouvier's Law Dictionary
1856 Edition
T
TRUE BILL, practice. These words are endorsed on a Bill of indictment, when a grand jury, after having heard the witnesses for the government, are of opinion that there is sufficient cause to put the defendant on his trial. Formerly, the endorsement was Billa vera, when legal proceedings were in Latin; it is still the practice to write on the back of the Bill Ignoramus, when the jury do not find it to be a true bill. Vide Grand Jury.
Bill of indictment noun
- A formal document written for a prosecuting attorney charging a person with some offense. [ this can only be achieved in a court of record by a judicial tribunal, or a special master (prosecuting attorney, or attorneys and BAR guild court all) is shut down in the legal system due to title 26 u.s.c. sec 7806; (a) cross references (b) arrangement and classification : No inference implication or presumption of legislative construction shall be drawn or made]
WordNet 3.0 Copyright 2006 by Princeton University. All rights reserved • More at Wordnik
Billa vera noun
- Literally "the bill is true", signifying a presenter has furnished probable evidence, and is worthy of further consideration, presented to a party to indict them of the crime, and legally must confess or follow through the indictment.
Wiktionary, Creative Commons Attribution/Share-Alike License • More at Wordnik
Bill
1: a draft of a law presented to a legislature for enactment
IGNORAMUS, practice. We are ignorant. This word, which in law means we are uninformed, is written on a bill by a grand jury, when they find that there is not sufficient evidence to authorize their finding it a true bill. Sometimes, instead of using this word, the grand jury endorse on the bill, "Not found." 4 Bl. Com. 305. Vide Grand Jury.
Trial by Jury
a trial by jury as understood and applied at common law, and includes all the essential elements as they were recognized in this country and England when the Constitution was adopted. Continued Education link: https://www.1215.org/lawnotes/lawnotes/juryquotes.htm
Patrick Henry, along with others, was deeply concerned as to who has a right to sit on a JURY. Listen to our forefather's wisdom on the subject of "PEERS."
"By the bill of rights of England, a subject has a right to a trial by his peers. What is meant by his peers?
Patrick Henry also knew that originally the JURY of PEERS was designed as a protection for Neighbors from outside governmental oppression. Henry states the following, "Why do we love this trial by jury? Because it prevents the hand of oppression from cutting you off ... This gives me comfort - that, as long as I have existence, my neighbors will protect me." (Elliot, 3:545, 546).
“The pages of history shine on instances of the jury’s exercise of its prerogative to disregard instructions of the judges...” U. S. v. Dougherty, 473 F 2nd 1113, 1139 (1972)
“The law itself is on trial quite as much as the cause which is to be decided.” Harlan F. Stone, 12th Chief Justice, U. S. Supreme Court, 1941.
“The jury has the right to judge both the law as well as the fact in controversy.” John Jay, 1st Chief Justice, U. S. Supreme Court, 1789.
WE THE PEOPLE HAVE SECURITY!
by THE USE OF THE FREEDOM OF INFORMATION REQUEST ACT (FOIA) REQUEST
"It is the duty of all officials whether legislative, judicial, executive, administrative, or ministerial to so perform every official act as not to violate constitutional provisions." Montgomery v state 55 Fla. 97-45SO.879.
Every state legislator and executive and judicial officer is solemnly committed by oath taken pursuant to Art. VI, cl. 3, “to support this Constitution.”
5 U.S. Code § 2906 - Oath; custody The oath of office taken by an individual under section 3331 of this title shall be delivered by him to, and preserved by, the House of Congress, agency, or court to which the office pertains. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 412.);https://www.law.cornell.edu/uscode/text/5/2906
This is a request under the Freedom of Information Act, The Sunshine Act, and Calif. Public Records Act: Gov’t Code §6250-6268. I request that a photocopy of the following documents be provided to me:
Copy of your Public Official Surety Bond to California Revised Code 460.1. ***
A photocopy of your oath of office. ***
We are one of the people seeking information concerning your public official surety bond that you are required by the state of California to obtain before swearing the oath of office. ***
You are obligated to maintain a copy of your bond during the time you serve in office and for one year after your term has ended. Please supply me with a copy of this bond and your oath of office within (72) hours after receiving this request. If you fail to supply the people with a copy of the bond you are in direct violation of the law.
The Court thanks you in advance for your timely response to this request.
Sincerely,
We the People
Continued education link: 0e796d02-d6ca-4a54-8406-a424c9a2c583
Our promise to the People
Our highly qualified experts will complete any task clearly, reliably, transparent, achievable, and open to show cause.
We guarantee fast and discrete handling of all your business tasks. Our team of highly qualified Professionals are available to support the people – because the people's satisfaction is our highest priority.
Show Cause
An order by a court that requires a party to appear and to provide reasons why a particular thing should not be performed or allowed and mandates such party to meet the Prima Facie case set forth in the complaint or Affidavit of the applicant.
A Show Cause Order mandates that an individual or corporation make a court appearance to explain why the court should not take a proposed action. In the event that such individual or corporation does not appear or provide adequate reasons why the court should take no action, action will be taken by the court.
Principle of ‘Noscitur a Sociis
The principle of Noscitur a Sociis is a rule of construction. It is one of the rules of language used by court to interpret legislation. This means that, the meaning of an unclear word or phrase should be determined by the words immediately surrounding it. In other words, the meaning of a word is to be judged by the company it keeps. The questionable meaning of a doubtful word can be derived from its association with other words. It can be used wherever a statutory provision contains a word or phrase that is capable of bearing more than one meaning.
Read more at: https://taxguru.in/income-tax/principle-noscitur-sociis.html
Principal of ejusdem generis
Ejusdem generis (ee-joose-dem gen-ris) is a Latin phrase that means “of the same kind.” The statutory and constitutional construction principle of “ejusdem generis” states that where general words or phrases follow a number of specific words or phrases, the general words are specifically construed as limited and apply only to persons or things of the same kind or class as those expressly mentioned. For example, if a law refers to automobiles, trucks, tractors, motorcycles, and other motor-powered vehicles, a court might use ejusdem generis to hold that such vehicles would not include airplanes, because the list included only land-based transportation.
Ejusdem generis is an interpretive guide for a contract under New York law. The rule is used only to help determine whether there is intent; if intent is found, ejusdem generis does not subvert intent.
“Faith is to believe what you do not yet see; the reward for this faith is to see what you believe.”
Saint Augustine
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