Tuesday, August 20, 2013

CONSTRUCTIVE FRAUD


 "Constructive fraud: A contract or act, which, not originating in evil design and contrivance to perpetuate a positive fraud or injury upon other persons, yet, by its necessary tendency to deceive or mislead them, or to violate a public or private confidence, or to impair or injure public interest, is deemed equally reprehensible with positive fraud, and therefore is prohibited by law, ... " Bovier's Law Dictionary - 1856 Edition

 "Fraud vitiates the most solemn contracts, documents, and even judgments." i.e. Documents, Constitutions, Court Decisions….. U.S. vs. Throckmorton, 98 U.S. 61

 1. The United States went "Bankrupt" in 1933 and was declared so by President Roosevelt by Executive Orders 6073, 6102, 6111, and 6260, (See: Senate Report 93-549, pages 187 & 594) under the "Trading With The Enemy Act" (Sixty-Fifth Congress, Sess. I, Chs. 105, 106, October 6, 1917), and as codified at 12 U.S.C.A. 95a.

 2. The several States of the Union then pledged the faith and credit thereof to the aid of the National Government, and formed numerous committees, such as the "Council of State Governments", "Social Security Administration", etc., to purportedly deal with the contrived economic "Emergency" caused by the bankruptcy. These Organizations operated under the "Declaration of Interdependence" of January 22, 1937, and published some of their activities in " Book Of The States."

 NOTE: The Council of State Governments has now been absorbed into such things as the "National Conference Of Commissioners On Uniform State Laws", whose Headquarters Office is located at 676 North St. Clair Street, Suite 1700, Chicago, Illinois 60611, and "all" being "members of the Bar", and operating under a different "Constitution and by-laws" has promulgated, lobbied for, passed, adjudicated and ordered the implementation and execution of their purported statutory provisions, to "help implement international treaties of the United States or where world uniformity would be desirable." (See: 1990/1991 Reference Book, National Council of Commissioners on Uniform State Laws, pg. 2)

 This is apparently what Robert Bork meant when he wrote "we are governed not by law or elected representatives but by an unelected, unrepresentative, unaccountable committee of lawyers applying no will but their own." (See: The Tempting Of America, Robert H. Bork, pg. 130)

 3. In view of Robert H. Bork's statement, it is more than worthy of note that there is an "Original" 13th Amendment to the U.S. Constitution called the "Title of Nobility" Amendment that reads:
"If any citizen of the United States shall accept, claim, receive or retain any title of nobility or honor, 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."

 4. In January, 1810, Senator Philip Reed of Maryland proposed the "Title of Nobility" Amendment (History of Congress, Proceedings of the Senate, p. 529-530). On April 27, 1810, the Senate voted to pass this 13th Amendment by a vote of 26 to 1; the House resolved in the affirmative 87 to 3; and the resolve was sent to the States for ratification: By Dec. 10, 1812, twelve of the required thirteen States had ratified as follows: Maryland, Dec. 25, 1810; Kentucky, Jan. 31, 1811; Ohio, Jan. 31, 1811; Delaware, Feb. 2, 1811; Pennsylvania, Feb. 6, 1811; New Jersey, Feb. 13, 1811; Vermont, Oct. 24, 1811; Tennessee, Nov. 21, 1811; Georgia, Dec. 13, 1811; North Carolina, Dec. 23, 1811; Massachusetts, Feb. 27, 1812;New Hampshire, Dec. 10, 1812. Before a thirteenth State could ratify, the War of 1812 broke out and interupted this very rapid move for ratification.
On May 13, 1813, the State of Connecticut failed to ratify this original 13th Amendment, leaving it to Virginia to be the required 13th state to ratify. Virginia ratified with the March 12, 1819 publication of the Laws of Virginia. Connecticut then published it in four separate editions of "The Public Statute Laws of the State of Connecticut" as a part of the U.S. Constitution in 1821, 1824, 1835 and 1839. Then, without record or explanation, it mysteriously disappeared from subsequent editions prior to the Civil War between the states. However, printing by a legislature is prima facie evidence of ratification, and it has been found to have been printed as part of the Constitution by many of the other states until after the Civil War and into the Reconstruction period - when it mysteriously disappeared from all subsequent printings, the last official publication found being the 1876 Laws of the Territory of Wyoming Frontis Page, Amendment 13.

 5. The Reorganization of the bankruptcy is located in Title 5 of United States Codes Annotated. The "Explanation" at the beginning of 5 U.S.C.A. is most informative reading. The "Secretary of Treasury" was appointed as the "Receiver" in Bankruptcy. (See: Reorganization Plan No. 26, 5 U.S.C.A. 903, Public Law 94-564, Legislative History, pg. 5967) Since a bankrupt loses control over his business, this appointment to the "Office of Receiver" in bankruptcy had to have been made by the "creditors" who are "foreign powers or principals".

 6. The United States as Corporator, (22 U.S.C.A. 286E, et seq.) and "State" (C.R.S. 24-36- 104, C.R.S. 24-60-1301(h)) had declared "Insolvency." (See: 26 I.R.C. 165(g)(1), U.C.C. 1-201(23), C.R.S. 39-22--103.5, Westfall vs. Braley, 10 Ohio 188, 75 Am. Dec. 509, Adams vs. Richardson, 337 S.W. 2d 911; Ward vs. Smith, 7 Wall. 447) A permanent state of "Emergency" was instituted, formed and erected within the Union through the contrivance, fraud and avarice of the International Financial Institutions, Organizations, Corporations and Associations, including the Federal Reserve, their "fiscal and depository agent" -- whose member banks are "privately owned corporations". 22 U.S.C.A. 286d

 7. The government, by becoming a corporator, (See: 22 U.S.C.A. 286e) lays down its sovereignty and takes on that of a private citizen. It can exercise no power which is not derived from the corporate charter. (See: The Bank of the United States vs. Planters Bank of Georgia, 6 L. Ed. (9 Wheat) 244, U.S. vs. Burr, 309 U.S. 242) The real party in interest is not the de jure "United States of America" or "State", but "The Bank" and "The Fund." (22 U.S.C.A. 286, et seq., C.R.S. 11-60-103) The acts committed under fraud, force and seizures are many times done under "Letters of Marque and Reprisal" i.e. "recapture." (See: 31 U.S.C.A. 5323)
THE BANKRUPTCY HAS NEVER ENDED!

 8. On March 17, 1993, on page 1303 of Volume 33 of the Congressional Record, Congressman Traficant stated:
"Mr. Speaker, We are now here in Chapter 11. Members of Congress are official trustees presiding over the greatest reorganization of any bankrupt entity in world history, the U.S. Government."

 9. This is an amazing confession as it applies, not only to "Members of Congress," but also to the Secretary of the Treasury as the "Receiver in bankruptcy" and to all state and federal "officials" who act under the de facto authority of that bankrupt Foreign Corporation known as the United States as trustees (foreign agents) for foreign principals. Trustees work for the creditors of a bankruptcy and are agents for foreign principals. In this case the creditors are the Federal Reserve Banks, the International Monetary Fund (the Fund) and the International Bank for Reconstruction and Development (the Bank). (see: Who Is Running America?)

 10. It is worthy of note that an Attorney/Representative is required to file a "Foreign Agents Registration Statement" pursuant to 22 U.S.C.A. 611c(1)(iv), 612 & 613), when representing the interests of a Foreign Principal or Power. (See: Rabinowitz vs. Kennedy, 376 U.S. 605, 11 L. Ed. 2d 940, 18 U.S.C.A. 219 & 951)

 11. It is said that the economic Crash of '29 and the Great Depression was caused by the Federal Reserve withholding currency from circulation and raising interest rates after an inflationary easy money policy in the early 1920s. The Federal Reserve's fear of excessive speculation led it into a far too deflationary policy in the late 1920s: "destroying the village in order to save it."
The U.S. economy was already past the peak of the business cycle when the stock market crashed in October of 1929. So it looks as though the Federal Reserve did "overdo it"--did raise interest rates too much, and bring on the recession that they had hoped to avoid.
This contrived "emergency" created numerous abuses and usurpations, and abridgments of Constitutionally delegated Powers and Authority as clearly stated in Senate Report 93-549 (1973):
"A majority of the people of the United States have lived all of their lives under emergency rule. For 40 years, [-1820 years now in 113] freedoms and governmental procedures guaranteed by the Constitution have in varying degrees been abridged by laws brought into force by statutes of national emergency."

 12. According to American Jurisprudence, 2nd Edition, Sections 71 and 82, NO "emergency" justifies a violation of any Constitutional provision. Arguendo, "Supremacy Clause" and "Separation of Powers." It is clearly admitted in Senate Report No. 93-549 that abridgment has occurred.


 FRAUD


 BIG SNIP-SEE LINK for MUCH more urgent information
http://www.barefootsworld.net/constructive_fraud.html

Friday, August 16, 2013

How To Create A Common Law Grand Jury

by Ken Ball
INSTRUCTIONS TO CREATE A COMMON LAW GRAND JURY 

 HOW CONSTITUTED

 (1) Grand jury members must be elected
  by the people (not citizens) of the jurisdiction (County) in
which they are operating.

 (2) There are no rules defining a procedure for how they are elected. The people, without the
influence of government, decide for themselves how the grand jury members are elected.

 (3) There must be 25 members.

QUALIFICATIONS
(1) The members must be "people" of the jurisdiction and not "citizens" of the jurisdiction. For
example, they must be "People the State of New York"; not "citizen of the State of New York."
(2) Each member must be sworn in and promise to observe all of these rules and, so far as within
his power, cause all the rules to be observed.
New York State Constitution, ARTICLE XIII, Oath of Office –
“I do solemnly swear that I will obey the constitution for the United
States, and the constitution for the State of New York, and all the
directives and prohibitions, and that I will faithfully discharge the duties
of the office of Grand Juror, according to the best of my ability;”
 

ELECTION PROCEDURE
We must do everything open and in public
(1) Once you have (twenty-five) 25 people choose a jury foreman and a secretary
(2) The Grand Jury Secretary is to call the Town Hall in your county seat, identify themselves as the
Grand Jury Secretary and secure the hall for a meeting and election for a new County Grand Jury
(3) Post the date and time of the election on the bulletin board of every town and city in your
county and in the local newspapers.
THERE WILL BE A MEETING AND AN ELECTION OF A COUNTY GRAND JURY AT THE
[YOUR COUNTY SEAT TOWN/HALL] ON [WEEKDAY], [DATE] AT [TIME]
 

 QUORUM
(1) When the grand jury meets, if any are absent after being summoned, then those present
constitute a quorum.
(2) All decisions of grand jury are decided by majority vote of members present.
(3) If any member dies or leaves the country, or in any other way is prevented from carrying out the
grand jury's decisions, the remaining grand jurors shall choose another to fill his place and he
shall likewise be sworn in.

 FINALITY OF DECISIONS
(1) No decision of a grand jury is reviewable in any court of the government.
 

 JURISDICTION
 (1) Any government transgression against anyone in any respect.
(2) Any government breaking of articles of peace or security.
(3) Any dispute regarding anyone who has been disseizediii (unconstitutionally detained) or
removed, by the government without a legal sentence of his peers, from his lands, castles,
liberties or lawful right.
 

 WHAT’S POSSIBLE
(1) We can turn back the “political clock” to 1789.
(2) We can turn back the “Judicial clock” to 1789.
(3) We can indict criminals including judges and politicians
(4) We can reinstate the real duties of the Sheriff
(5) We can reinstate the “Elected Committeemen”
(6) We can get our armories back
(7) We can get our militia back
(8) We can force compliance to the Third Continental congress’s (2009) Articles of Freedom
(9) We can stop Agenda 21
(10) We can get ban GMO’s
(11) We can ban high fructose corn syrup
(12)We can stop the chemtrails.
(13) We can free our Doctors and medicines from the elite pharmaceutical companies
(14)We can end all gun control
(15) We can force the courts to return to Common Law
(16) We can delete the IRS
(17) We can delete the United Nations in New York City
(18) We can stop open political corruption
(19) We can stop open judicial corruption
(20) Whatever other Just things you can think of
(21) We can do all of the above in 90 days or less
(22) We can save America

PROCEDURE I - Dispute Settlement
If the grand jury is informed of any dispute regarding anyone who has been disseized
(unconstitutionally detained) or removed (by the government without a legal sentence
of his peers) from his lands, castles, liberties or lawful right, then the dispute shall be
settled by the grand jury. 

 PROCEDURE II - Enforcement
(1) Four of the members must be shown that because of the government,
a) A transgression has occurred against any one in any respect, or
b) Some one of the articles of peace or security has been broken
(2) The four members must show to the government the government's error.
(3) The four members must ask the government to amend that error without delay.
(4) If the government does not amend the error within 40 days after being shown the error, then
the four members shall refer the matter to the remainder of the grand jury.
(5) The grand jury may distraint and oppress the government in every way in their power, namely,
by taking the homes, lands, possessions, and any way else they can until amends shall have
been made according to the sole judgment of the grand jury.
 

 LIMITATION OF POWERS
The grand jury may not imprison or execute any government personnel or their children.

 PUBLIC SUPPORT
(1) Anyone (people or citizen) who chooses to help enforce the grand jury decision must first swear
that he will obey the mandates of the grand jury, and that with them to the extent of his power
he will impose the grand jury's decisions upon the government.
(2) The authority to support the grand jury is pre-authorized by the government.
(3) If anyone refuses to support a grand jury decision, the government will force him to swear his
support of the grand jury.
 

 LIMITATIONS ON GOVERNMENT
(1) The government is prohibited from doing anything to diminish the effect of the grand jury.
(2) If the government does prohibit or diminish the effectiveness of the grand jury, it shall be vain
and invalid and may not be used in any later proceeding by the government or anyone else.
 

 TERMINATION OF ENFORCEMENT
When all issues are settled to the satisfaction of the grand jury, things shall return to
normal as they were before. No grudges.
Reactivating the Common Law Grand Jury - A Brief Strategy Suggestion
 

 GRAND JURY BACKGROUND
When the colonies separated from England, King John retaliated by revoking the charters.
Technically, the colonies were without any legal authority to operate. However, civics (the
branch of political philosophy concerned with individual rights) was generally taught and known
by the people who asserted their rights and maintained order by applying the common law. The
people united in the form of common law grand juries and continued the functioning of
government.

 As the legislatures matured they slowly increased governmental power while simultaneously
reducing personal sovereign power. This was done through a combination of passing progovernment legislation and reducing or eliminating education about civics. Today, two and a
quarter centuries later, hardly anyone even knows the meaning of the word, "civics."
Despite the fact that the state and federal constitutions still acknowledge the common law as
the ultimate law system, people everywhere are conditioned to believe that the statutory law
and codes are the only source of law. The only remaining common law term generally known
among the public is "common law marriage."
The common law grand jury is now dormant only because of the public ignorance of its powers
that supersede all other government entities, including the modern statutorily defined grand
jury. Awakening the grand jury will not be graciously accepted by the government. A strategy is
needed to reintroduce this fundamental protection against tyranny and injustice.
 

 STEP 1 - ESTABLISH LEGITIMACY
The first step is to get public acceptance. Every dictator in history understood the power
of the people and cultivated their support either through enticements or threats.
Reactivating the grand jury concept may go through four traditional stages: denial,
ridicule, violent opposition, then self-evident acceptance, the executing of 62 Grand
Juries (one for each county) is likely to reduce or eliminate the stages.
The Grand Jury Foreman shall apply to the New York State Supreme Court administrator
in their County for use of one of the rooms in the public courthouse. If it is refused, a
Writ of Mandamus shall be petitioned for in the District Federal Court to command
obedience to the Grand Jury, then the court administrator should, under common law
procedures, be sued for his dereliction of duty.
The grand jury should follow normal protocol. In other words, if the grand jury begins a
process on its own, the resulting accusation is called a presentment. If a prosecutor
originates a process, then the jury returns to the prosecutor an indictment (also called a
"true bill") on acceptance, or a "no bill" on denial. [Note: be careful with your words.
wrong words may result in inaction! If you call the presentment an indictment, the
prosecutor may feel no obligation because he did not initiate the process!]
 

 STEP 2 - GAIN PUBLIC ACCEPTANCE
The grand jury should have a strong public relations program for this step, create the “New York
State Grand Jury Report to the People”.

Why Do You Need A Drivers License To Travel? (actually, you don't!)

The DMV Non-Disclosure


When a good portion of Americans wake up to the facts of the DMV (Department of Motor Vehicles) non-disclosure regarding what IS a motor vehicle and what is not a motor vehicle, along with the true definitions of the associated words shared below, they will realize that all acts are voluntary AND who actually has the true power. (Not the usurpers!)

Let's take the case of the CB radio issue back in the 70's as an example of the power of the people. The FCC was trying to get all truckers to get a license for using CB's. The truckers flat out refused and simply did not volunteer to get the license that they were trying to enforce. United together, the truckers won!

In 1977 the FCC introduced an addition 17 channels to make the current 40 channels that are available today. Also, in that same year, the FCC discontinued the license that was needed to operate a CB station. A license is not needed as long as you operate and follow the rules and regulations of the FCC.

As it stands right now, when someone goes down to the DMV and voluntarily registers (Regis - comes from a king) their automobile to get a title and plates, they unknowingly convert the auto into a motor vehicle and in doing so, a commercial carrier. Here is the proof, as this is taken directly from the WISCONSIN TITLE & LICENSE PLATE APPLICATION:

Certification. All parties certify with their signature that to the best of their knowledge the information and statements on this application are true and correct. The prior owner's odometer statement has been shown to the applicant and a copy of this completed application including odometer statement has been furnished the applicant. COMMERCIAL CARRIERS - I further certify knowledge of applicable federal and state motor carrier safety rules, regulations, standards and orders, and declare that all operations will be conducted in compliance with such requirements. Then there is a big X and a place to sign.

I know people will say, well I am not a ‘commercial carrier’ and that doesn't apply to me. Guess again! There wasn't a check off place for such exclusion to that certification and it was done that way on purpose. The STATE could have one application for people with private autos and another for commercial carriers, but they do not.

Here is why: Just for fun, try to find the definition of just the word "passenger" in any State Motor Vehicle Code? I’ve personally asked five different State DMVs to show me where I can find this definition amongst their Codes and none of them have it. Why? Because this would expose the trickery the DMVs have played on people's ignorance to get them to voluntarily register their non-passenger private autos as "motor vehicles".

"driving" and "operating" are commercial terms and are being used to designate such activity on unknowing people via the statutes (not laws) whom then are only recognized as a "person" (which is a legal entity) so that the government entities (which are corporations) may tax, regulate and control this activity.

Definition of "driver" from Bouvier's Law Dictionary 1914 ed., Pg. 940
One employed in conducting a coach, carriage, wagon, or other vehicle

Definition of "passenger" from Black's Law Dictionary, Fourth Edition, Pg. 1280. One carried for hire or reward, as distinguished from a "guest" who is one carried gratuitously...


Definition of "motor vehicle" in the U.S. Codes is: 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. TITLE 18 > PART I > CHAPTER 2 > § 31(6)

Definition of (10) Used for commercial purposes — The term "used for commercial purposes" means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit.


Look these words up for yourself, ‘cause it always a good idea to do your own due diligence. If you use a newer dictionary edition, the definitions may have been changed slightly to hide the true intent.

Ask yourself these questions: Do you charge a fee anyone for sitting in the automobile while you take them to school or to the shopping mall or while traveling in the auto anywhere for that matter? So what are WE going to do about it?

Begin by simply pulling out the copy of the Title and License Plate Application that you signed and read it very carefully. It surely will be different in "your" State, but the premise is the same. Then you can NOTIFY the STATE DMV that there has been a mistake, and you wish to correct it. They will probably ignore your request so then you need to send the next notification using a notary or two witnesses. This is just one more step in taking back your freedom to travel.

There are many Internet searchable articles on the subject of “right to travel”, yet I personally declare that it is not a “right” or “privilege” but rather, travel is merely a necessity of man.

Safe traveling!


"True freedom doesn't come from a piece of paper, right or privilege, rather it's the understanding of your status = knowing who you truly are and who you are not, then being/living it " ~ Steven






WAIT IT GETS WORSE...



And here is more info: and here is why you need a license to drive; you actually do not own the car!

LEGAL TITLE vs EQUITABLE TITLE (by Jared Dalen)

Ok people, how many of you out there in the Matrix own a car? What if I told you you don't actually own your car??? You may say, "but I have legal title!" Lets be honest, have you ever bothered looking up the term "legal title" in a law dictionary? Lets take a look at some definitions from Black's 6th Edition shall we? Alrighty then...

LEGAL TITLE ~ One cognizable or enforceable in a court of law, or one which is complete and perfect and possession, BUT WHICH CARRIES NO BENEFICIAL INTEREST IN THE PROPERTY, ANOTHER PERSON BEING EQUITABLY ENTITLED THERETO; in either case, THE ANTITHESIS OF "EQUITABLE TITLE". It may also mean appearance of title as distinguished from complete title; or full and absolute title or apparent right of ownership WITH BENEFICIAL OR EQUITABLE TITLE IN ANOTHER.

WOW, lots if big words in there. One of which being "equitable title." It is also noted that this equitable interest is vested in another person. Interesting... Before we venture into the word "equitable", lets take a look at "legal owner. " You are the legal owner are you not?

LEGAL OWNER ~ The term has come to be used in TECHNICAL CONTRAST to the EQUITABLE OWNER, and not as opposed to an illegal owner. The legal owner has title to property (legal title), although the title may actually carry NO RIGHTS TO THE PROPERTY other than a lein.

Again, in contrast to equitable owner. Guess we better see who this "equitable owner" is! I would define "equitable title" but under the definition it says to "see equitable owner"...

EQUITABLE OWNER ~ One who is recognized in equity as owner of the property, BECAUSE REAL AND BENEFICIAL USE AND TITLE BELONG TO HIM, even though bare legal title is invested in another.

"Legal title is invested in another" (YOU) and "real and beneficial use and title belong to him." We'll who is "him" and actually owns the equitable interest in "your" car? We'll find that out shortly after a couple more definitions like "equitable ownership"...

EQUITABLE OWNERSHIP ~ The OWNERSHIP INTEREST OF ONE WHO HAS EQUITABLE AS CONTRAST TO LEGAL OWNERSHIP OF A PROPERTY...

EQUITABLE INTEREST ~ The interest of a BENEFICIARY under a trust is considered equitable as contrasted with the interest of the TRUSTEE which is a LEGAL INTEREST BECAUSE THE TRUSTEE HAS LEGAL AS CONTRASTED WITH EQUITABLE TITLE.

I hope it is starting to become very clear that somewhere between you buying the car and then receiving this "legal title", you have given up equitable interest in YOUR car. By the above definition it states you are a trustee that has legal title to the property. This may bring more questions like what is a "trust", "trustee" and this mystical "beneficiary" who has equitable title over YOUR property.

TRUST ~ A legal entity created by a GRANTOR for the benefit of designated beneficiaries under the laws of the state and the valid trust instrument.

BENEFICIARY ~ ONE WHO BENEFITS FROM THE ACT OF ANOTHER. A PARTY WHO WILL BENEFIT FROM THE TRANSFER OF PROPERTY OR OTHER ARRANGMENT. Examples include the beneficiary of a TRUST...

TRUSTEE ~ PERSON HOLDING PROPERTY IN TRUST... ONE WHO HOLDS LEGAL TITLE TO PROPERTY "IN TRUST" FOR THE BENEFIT OF ANOTHER PERSON (BENEFICIARY) AND WHO MUST CARRY OUT SPECIFIC DUTIES WITH REGARD TO THE PROPERTY. The trustee owes a fiduciary duty to the beneficiary.

Well, well, WELL, isn't this interesting!!!! Lets see, a trust is created by a grantor for the benefit of the beneficiary in which the trustee holds legal title and owes a fiduciary duty to the beneficiary. Feel good about your legal title now? Lets take a look at another term to hammer this home, "fiduciary"...

FIDUCIARY ~ A person holding the character of a trustee, or a character analogous to that if a trustee... A person having the duty, CREATED BY HIS UNDERTAKING, to act primarily for another's benefit...

Lets recap again; YOU:
1) Have legal title to property you assume is yours.

2) Have a fiduciary duty for the benefit of the beneficiary that holds equitable title to the property you think you own.

^How did this happen!!!! Lets go back and see what exactly happened... You bought a car. At that point you HAD equitable title to that car which is known as the Bill of Sale. Then, without understanding law, and because "everyone is doing it", you voluntarily registered YOUR car with the state which created a trust agreement. Under this trust agreement that you voluntarily granted (GRANTOR), you gave equitable title to the state and made them the beneficiary and you a trustee in which you agree to their arbitrary rules and fees as a fiduciary... You getting pissed yet? You should, because if you are the "legal owner" of your home and "legal guardian" of your child, somewhere down the line you voluntarily agreed to give up equitable interest in YOUR property. Unfortunately there are two maxims of law that allow this to happen.

*Ignorance of law is no excuse.*

*Let him who wishes to be decieved, be decieved.*

How about a shot of reality from the beneficiary's mouth:

Senate Document # 43; SENATE RESOLUTION NO. 62 (Pg 9, Para 2) April 17, 1933: "The ultimate ownership of all property is in the State (equitable owner); individual so-called "ownership" (legal owner) is only by virtue of Government (beneficiary), i.e., law, AMOUNTING TO A MERE USER (your the trustee); and use must be in accordance with law (fiduciary duty) and subordinate to the necessities of the State."

If you knew the defintion of "allodium" (in regard to land), you might realize that a person who owns land in allodium has "land held absolutely in one's own right, and not of any lord or superior; land not subject to FEUDAL duties or burdens." Hmmm, feudal duties and burdens like LAND TAXES? Like renewal of registration and other fees for the enjoyment of "your" car???

Lastly, I want to make it very clear how you are viewed by your beloved government "by the people and for the people" after it changed in the 1860s from a constitutional republic to a federal democracy... Usufruct!

USURFRUCT ~ The right of using and enjoying and receiving the profits of property THAT BELONGS TO ANOTHER, and the usurfructuary is a person (YOU, the trustee who holds legal title!) who has the usurfruct or right of enjoying anything in which HE HAS NO PROPERTY (EQUITABLE) INTEREST.

Hate to burst you bubble, but as long as you willingly consent to be governed by this reconstructed federal system, you consent to being a vassal -- a voluntary slave -- for your lord the state in modern feudal times. If one thing remains constant, it is history repeats itself.

P.S. In case you are unaware of the significance of the term "vassal". This is taken from Wiki:

A vassal or feudatory is a person who has entered into a mutual obligation to a lord or monarch in the context [a] feudal system... The obligations often included military support and mutual protection, in exchange for certain privileges, usually including the grant of land held as a fiefdom. The term can be applied to similar arrangements in other feudal societies.

Better start questioning the world around you, because this is only the tip of the iceberg...

Monday, August 12, 2013

Notary Powers Defined

If you think our second amendment rights to bear arms is the greatest public threat that terrifies the fraudulent federal government corporation(AKA UNITED STATES, INC.) you are wrong!

Our greatest weapon against these criminals who claim to be PUBLIC SERVANTS is: an affidavit!(statement of facts sworn under oath and penalty of perjury, which is signed and notarized)

If you think verbal whining and complaining about the government feels good, I suggest you see how you feel after sending a signed and notarized Notice of Criminal Complaint to your local sheriff, state Attorney General, and US Attorney General!


   NOTARY PUBLIC: A public official whose main powers include administering oaths and attesting to signatures, both important and effective ways to minimize Fraud in legal documents.



The origin of notaries public can be traced to ancient Rome, where a notarius was held in high regard as legal counsel. During that era only the few people who knew how to write were qualified to serve as a notarius. A notarius wrote legal documents, including contracts and wills, and retained them for safekeeping. A small fee was charged for those services, a tradition that continued to modern times.


As colonists settled in the New World, most transactions that required an oath or signature attestation were handled in the courts. During that period the few notaries who existed were appointed or elected in a manner similar to the election or appointment of judges. However, as trade with Europe began, the demand for notaries increased because of the large number of bills of exchange that needed to be witnessed. The authority to appoint notaries was transferred to the states, where the Secretary of State (or another nonjudicial office) usually acted as the appointer.


In 1983 the Commission on Uniform State Laws passed the Uniform Law on Notarial Acts (14 U.L.A. 125), which covered nearly all aspects of the office of notary public, from the definition of duties to appointment policies. As of the early 2000s, most states use this model law as a basis for their own notary public statutes. These laws vary from state to state, and the amount of power that a state gives to notaries can depend on its history. For example, Louisiana was a French possession and used a civil code rather than a Common Law. It gives its notaries broad powers—almost equal to those of a Justice of the Peace. In Louisiana notaries' powers include making "inventories, appraisements, and partitions; … all contracts and instruments of writing; [and holding] family meetings and meetings of creditors …" (La. Rev. Stat. Ann. § 35:2 [1996]).


California also gives notaries additional powers, allowing them to "demand acceptance and payment of foreign and inland bills of exchange, or promissory notes, to protest them for nonacceptance and nonpayment" (Cal. Gov't. Code § 8205 [West 1997]).


In some cases the notary responsible for a transaction has an invalid commission because of a technicality. If the notary already witnessed and completed the transaction before becoming aware of the problem, the transaction is still considered valid.


Notaries public have two main duties that remain consistent from state to state. Perhaps the most important duty of a notary public is attesting to signatures on documents. This duty is important because it aids in minimizing fraud; signature attestation must be done with the notary and the signatory in a face-to-face setting.


The process of notarizing a signature is simple. The person who wants his or her signature notarized must present sufficient evidence to prove his or her identity and then sign the necessary document with the notary as a witness to the signing. The notary completes the process by stamping or sealing, dating, and signing the document. This face-to-face procedure helps ensure the authenticity of the signature.


A notary public may also administer oaths in depositions or other situations.

Even though this type of oath may not take place in court, the witness can still be held accountable and be punished for perjury.

In Ohio a notary can also hold an affiant in Contempt if he or she is a reluctant witness. In the U.S. Supreme Court case of Bevan v. Krieger, 289 U.S. 459, 53 S. Ct. 661, 77 L. Ed. 1316 (1933), a notary public held a witness in contempt because he refused to comply with the requirements of the subpoena he was served. The court ruled that the notary was acting within his powers when he held the witness in contempt.

To become a notary, a candidate must complete several steps. A candidate must fill out an application and submit it to the appropriate government agency, usually the respective state's department of the secretary of state or the U.S. department of state. As part of the application procedure, the candidate must also take an oath of office and submit a bond. The purpose of the bond is to offer a small amount of monetary insurance in case the notary is sued. On average, notarial bonds are less than $5,000. If a notary is sued for more money than the amount of the bond, the notary is still personally liable for the difference between the bond and the sum awarded to the plaintiff.
Once an application is approved and the notary is commissioned, the notary must register in the county in which he or she resides and pay a registration fee. The commission itself has a time limit, which can range from two to ten years, with an average limit of four years. To renew the commission, the notary must repeat the application process.


Most states require that a notary be at least 18 years old and be able to read and write English. However, the latter requirement may change in the future because of the increasing number of transactions that take place in languages other than English. Some states require potential notaries to pass an exam as part of the application process. Others may require a notary to keep a detailed journal of the transactions he or she officiates.


Until 1984 many states required that a notary be a U.S. citizen or a resident of the state in which he or she would serve as a notary, or both. However, in Bernal v. Fainter, 467 U.S. 216, 104 S. Ct. 2312, 81 L. Ed. 2d 175 (1984), the U.S. Supreme Court ruled that requiring a notary to be a U.S. citizen was unconstitutional under the Fourteenth Amendment's equal protection clause. Therefore, even though the plaintiff in the case was actually a Mexican native and longtime resident alien, it was unconstitutional to deny him a notarial commission simply because he was not a U.S. citizen. Despite this ruling many states have kept the U.S. citizenship requirement in their statutes.


Another challenge to the procedure for becoming a notary occurred in the case of Torasco v. Watkins, 367 U.S. 488, 81 S. Ct. 1680, 6 L. Ed. 2d 982 (1961). In this case, an atheist objected to Maryland's notary public oath, which required him to acknowledge a belief in God. When his notary commission was denied, he sued. The case went to the U.S. Supreme Court, which ruled that, under both the Maryland Constitution and the U.S. Constitution, it was "repugnant" for an oath to require a belief in God.

Notaries can only be held liable for actions they take while performing the notary function. For example, although notaries are responsible for attesting to the validity of a signature, they are not responsible for the validity of the document. It is not considered Malpractice for a notary to attest to a signature on a document that he or she knows is invalid.

A notary must "act as a reasonably prudent notary would act in the same situation." In an action against a notary, the Burden of Proof is on the plaintiff to show that the notary acted negligently. If the plaintiff meets this burden, the notary can be held personally liable for damages to all parties involved, including third parties.

http://legal-dictionary.thefreedictionary.com/notary+public

Further readings

Anderson, John C., and Michael L. Closen. 1999. "A Proposed Code of Ethics for Employers and Customers of Notaries: A Companion to the Notary Public Code of Professional Responsibility." John Marshall Law Review 32 (summer).

Closen, Michael L., and G. Grant Dixon III. 1992. "Notaries Public from the Time of the Roman Empire to the U.S. Today and Tomorrow." North Dakota Law Review 68.
Kussmaul, Wes. 2001. The Future Needs You: The Notary Public in the Digital Age. Waltham, Mass.: PKI Press.

Rothman, Raymond C. 1987. Notary Public: Practices and Glossary. Chatsworth, Calif.: National Notary Association.

Van Alstyne, Peter J. 1998. Notary Law, Procedures & Ethics: A Complete Reference on Notarial Laws and Procedures in America. Salt Lake City, Utah: Notary Law Institute.