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Showing posts with label Common Law. Show all posts
Showing posts with label Common Law. Show all posts

14.5.09

A closer look at Statutes

"A legislative rule of society given the force of Law by consent of the governed"

This is the commonly used definition of the word 'Statute'. It raises some questions as most of us live our lives according to the rules of our various statutes and Acts they derive from, and yet in no part of that definiton does it suggest that it is a Law. Rather it is a rule. Aren't rules made to be broken? I would certainly say so; the more rules you break, the more you have to pay to the court!

Rather than finding the precise source, lets discover whether this much used definition is acceptable. So, can this much quoted
definition be either disproved and discarded or confirmed and accepted?

First, let’s look at a sourced definition of “statute”.

statute. An act of the legislature as an organized body. Washington v Dowling, 92 Fla 601, 109 So 588.

The written will of the legislative department, expressed according to the form necessary to constitute it a law of the United States or of the state, and rendered authentic by certain prescribed forms and solemnities.

In a broader sense, inclusive of an act of the legislature, an administrative regulation, or an enactment, from whatever source originating, to which the state gives the force of law. 50 Am J1st Stat § 2. (Ballantines, 3rd edition, Page 1212)

Let’s now use this as our base to work from …

In a broader sense, inclusive of an act of the legislature, an administrative regulation, or an enactment, from whatever source originating, to which the state gives the force of law.

act,n. A thing done or established; a deed or other written instrument evidencing a contract or an obligation. A statute; a bill which has been enacted by the legislature into a law, as distinguished from a bill which is in the form of a law presented to the legislature for enactment. Anne 5 ALR 1422. (Ballantines, 3rd edition, Page 16-17)

legislature. Broadly, any body having legislative power. 49 Am J1st States § 28. (Ballantines, 3rd edition, Page 724)

regulation. Control or direction by restriction or rule of something permitted or suffered to exist. 30 Am J rev ed Intox L § 22. Any rule for the ordering of affairs, public or private, whether by statute, ordinance, or resolution. Kepner v Commonwealth, 40 Pa St 124, 129. Ballantines, 3rd edtion, Page 1081)

state. A body politic or society of men united together for the purpose of promoting their mutual safety and advantage by their combined strength, occupying a definite territory, and politically organized under one government. McLaughlin v Poucher, 127 Conn 441, 17 A2d 767. … a political community of free citizens, occupying a territory of defined boundaries, and organized under a government sanction and limited by a written constitution, and established by the consent of the governed. Coyle v Smith, 221 US 559, 55 L Ed 853, 31 S Ct 688. (Ballantines, 3rd edition, Page 1210)
Summary

An act of the legislature = legislative
An administrative regulation = a rule
The state = a political community, organized under a government, established by the consent of the governed.

In a broader sense, inclusive of an act of the legislature (legislative), an administrative regulation (rule), or an enactment, from whatever source originating, to which the state (political community established by the consent of the governed) gives the force of law.

Connect the dots;
A legislative rule, given the force of law by the political community established by the consent of the governed.

Compare this to;
A legislative rule of society given the force of law by the consent of the governed.

A pretty close match.

Thanks to TPUC visit their site for more information

15.4.09

The Established, Fundamental Axioms of Being a Freeman




Freeman on the Land is an exciting and rapidly growing area of interest for all people that value their liberty. As we approach some nodal point of global change many are looking for alternatives, and the Freeman on the Land concept can only become more popular as more end up losing everything and ergo, have nothing to lose.

Thank you to Veronica, of the Chapman family for this excellent introduction to Freeman on the land.

(As simplified as I can make them, based on the work of Robert-Arthur: Menard, Mary-Elizabeth: Croft and (to some extent Winston Shrout and Irene-Maus: Gravenhorst). Basically it is their work, tweaked a bit by re-writing, and removing 'God' - thereby reducing it to absolute fundamentals)



1) 'Lawful' is what it is all about. 'Lawful' .vs. 'unlawful'. Do not get trapped into discussing 'legal'/'illegal'.

2) In order to empower a representative, you must have the power yourself. You cannot give to anyone something you, yourself do not possess. You cannot give them any more than you, yourself, possess. Consequently you can look at anything any representative does, and say "I must be entitled to do that myself, without - necessarily - empowering someone else to do it for me".

3) In a democracy, 'a majority' does not depend on 'large numbers'. A majority can be as low as ONE. And that ONE must, of itself, (therefore) carry sufficient empowerment to put any motion into practice. (The US Supreme Court has 9 Members. A 5 - 4 majority carries any ruling. That's 'democracy')

4) Consequent to (3) no Government has more power than you do yourself. The powers are equal. The only difference is that your power is inalienable - it can't be taken away from you - whereas a Government can be replaced by some other set of role players. Consequently YOU are 'supreme'.

5) 'Requesting permission' is the act of a child. 'Licencing' is 'begging for permission' and 'submitting to someone else's will'. Adults do not beg permission for something they are lawfully entitled to do, and prepared to take full responsibility for so doing. Anything for which a licence can be granted must, by definition, be fundamentally lawful (otherwise it would be incapable of being licenced), and there is, therefore, absolutely no need for an adult to 'ask such permission'. The act of 'obtaining a licence' is the act of throwing away a fundamental Right, and substituting a (revocable) privilege instead.

6) 'Registration' of anything transfers superior ownership to the entity accepting the registration. Once an item has been registered, you are no longer the OWNER (even though you will still be paying for the item), but instead you become the KEEPER. This includes cars, houses, children (who become 'wards of the state' by virtue of a birth registration), etc. ('regis ...' = handing ownership to The Crown ... which, by the way, is the British Crown in Temple Bar, and NOT Elizabeth II)

7) When parts of the Magna Carta were 'transferred' into Statutes what was actually happening was that fundamental Rights were being transferred into privileges. Thus they were being watered down. Diffused. Being rendered powerless.

8) In all cases you are always being OFFERED A SERVICE - which includes 'benefits' - in the form of privileges. You are always fully entitled to waive such services, and of course you will also be waiving the attendant benefits, as you so choose. Your choice is - ultimately - to either assert your (inalienable) Rights, or accept (revocable) privileges.

9) The law can give rise to a FICTION, but a fiction cannot give rise to a law. Consequently a legal fiction called THE GOVERNMENT has no power to make LAW. It is, in point of fact, BOUND BY LAW (like everyone else, and including all other legal fictions). PARLIAMENT is another legal fiction entity. Statutes created by Parliament are not, therefore, the LAW. They are 'legislated rules for a society' and ONLY APPLICABLE TO MEMBERS OF THAT SOCIETY. Join a different society, and you would be bound by a different set of rules. (If this were not the case it would be impossible to become, for example, a Freemason and be bound by the rules of Freemasonry). Statutes are nothing more than the Company Policy of THE UNITED KINGDOM CORPORATION, or THE UNITED STATES OF AMERICA CORPORATION, etc. (See 'society', below)

10) Only a sovereign flesh and blood human being, with a living soul, has a Mind. Only something with a Mind is capable of devising a CLAIM. Legal fictions are soulless, and do not possess a distinct Mind. They cannot, therefore, in LAW, make a CLAIM.

11) Consequent to the foregoing, and since the Judiciary in a court de facto derives all its power from colour-of-law/Statutes, then no court de facto has any power over you as a sovereign human being, IN FACT (although, of course, they don't bother to tell you!). A court de jure is the only kind of court to which you are subject under Common Law, and there are none of those left (unless you insist that the court operates de jure, by demanding a Trial by Jury. But they will attempt to resist that with every fibre in their 'corporate', soulless, 'bodies').

12) YOU, and your fellow countrymen, constitute the entire and total 'wealth' of your country. The resources may be considered as assets, but without you & your fellow countrymen they are worthless. A field must be ploughed, and seeded, before potatoes will grow. Once grown they must be dug up, bagged, and transported before they can do the worthwhile job of sustaining life. Without the efforts of you, and your countrymen, NOTHING can happen, and your country itself is a worthless lump of soil.

13) A Society is, in essence, nothing more than a grouping of like-minded souls since it is defined as a number of people joined by mutual consent to deliberate, determine and act for a common goal. A society makes its own rules, and its Members are duty-bound to follow them. Different societies can exist, having their own unique set of rules. One way of 'choking' the action of a court de facto is to claim membership of a society that only exists in Common Law jurisdiction. The World Freeman Society has been set up precisely for this purpose.

14) Contractual obligation. For ANY contract to be lawful, INCLUDING A CONTRACT BETWEEN YOURSELF AS PLAINTIFF OR DEFENDANT IN A COURT DE FACTO, it must comprise the following:

A) FULL DISCLOSURE by both parties. Neither party can later claim 'you should have known' if it was not specifically declared at the time of making the contract.

B) A CONSIDERATION offered by both parties, this being the subject of the exchange. It must be a sum of money, or an item of value. Both parties agree that their CONSIDERATION is worth (to them) the other party's CONSIDERATION.

C) LAWFUL TERMS & CONDITIONS for the contract, to which both parties agree.

D) 'Wet' SIGNATURES of both parties. This means hand-written SIGNATURES, as made by two human beings.

Even though businesses and officials act as though there is a lawful contract in place, 99 times out of 100 these rules have not been followed. (Maybe it is 999 times out of 1,000 - or even more!). Standing on these 4 rules, requesting proofs, is the simplest way of stalemating just about every action that may be taken against you. (See No. 16, below)

15. Agreement to pay. Consequent to (14) above, all 'payment demands', that could result in court actions against you, can be stopped by 'conditionally agreeing to pay the sum demanded', subject to proofs that the 4 rules were followed in the first place. (Make sure you send this letter by registered post, heading it 'Notice of Conditional Agreement' and including 'Without Prejudice' in a suitable place). In almost all cases no proofs are possible (because the rules were never followed lawfully). However, by 'agreeing to pay' you have removed all CONTROVERSY. Thus a court action, which is only there to adjudicate on CONTROVERSY, cannot take place. If you receive a Summons, you can write back (registered!) with a copy of your agreement to pay, subject to the proofs being presented. The court will consider that any further action is 'frivolous', i.e. a complete waste of its time, since there is no CONTROVERSY on which it can adjudicate. (The court may even consider whoever applied to the court to be in contempt). (See No. 16, below)

16. "I feel 'guilty', because I owe the money". No, you don't owe a damn thing! When taking out the loan, you were 'loaned' back what was yours in the first place. You created the 'money' when you signed the Loan or Credit Application. By doing so, YOU gave THEM a Negotiable Instrument called 'the money'. They cashed this in(*), and then used that to loan you back your own money. You don't owe a damn thing! THEY owe YOU - an apology at the very least - for applying this confidence trick on you - AND FOR CHASING YOU FOR SOMETHING YOU ALREADY GAVE THEM.

(* Actually they just could have walked away with your cash. But they didn't, because they are greedy, greedy, greedy, greedy. They knew they could get you to pay everything back, and also to pay them INTEREST on top of that. Thus they had already been paid in full ONCE when they cashed in on your money, took a risk by offering it back to you, and reckoned on being paid TWICE OR EVEN MORE via the 'interest'. Are you just beginning to feel slightly less sympathetic? If not, I don't know what else to say.

"Can this really be true?" Answer: Yes, because there is no other way. Banks are not allowed (by LAW) to lend Depositor's money (which is held by them 'in trust'). Loan Companies and Credit Card Companies (etc.) have no Deposit Money in the first place! Do they? So how else could they do it, then?)

17. 'Responsibility' .vs. 'Authority'. You can DELEGATE authority, but you can only SHARE responsibility. In other words, if you task (delegate) someone to do something, you still retain the RESPONSIBILITY for getting it done, and for anything that may happen as a result. If, for example, a Police Officer carries out any order, given by a superior, then that Officer is personally responsible for what may occur as a result, and all those up the chain of command are considered accomplices, in LAW.

(That's what the Nuremberg Trials were all about)

Therefore it is important that, if you delegate authority, you delegate to the right individual or group of individuals. You delegate to an individual who will accomplish the task without come-backs. And who you choose is your choice, and your responsibility.


TPUC has seen traffic on its web site increase over the last few months and the UK Libertarian party is growing in leaps and bounds.

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7.4.09

Freeman on the land under Common Law

John Harris of TPUC serving his affidavits to the queen



The answer to the corrupt and incompetent government in the UK is extremely simple and it's not riots and violence - or even demonstrations.

Enter into a peaceful Lawful Rebellion under Article 61 of the Magna Carta of 1215 and become a Freeman on the Land at Common Law - currently, about 200 people a day are serving the Queen with Affidavits and entering into Lawful Rebellion.

Acts of parliament are not Laws, they are Statutes - and according to Blacks Law Dictionary, a Statute is a Legislative Rule of a Society, given the Force of Law by the consent of the governed - by becoming a Freeman on the Land at Common Law you are expressly removing your consent to be ruled by Acts of parliament in a manner that has been lawful for almost 800 years! - Why do you think Statues are called ‘Acts? - They only Act as Laws!

Once a Freeman, you are only liable to adhere to the Common Law of the Land - which in principle means you must not harm or injure another human being, cause a loss of property, or use fraud in a contract. Simple - No Victim - No Crime.

In addition, you can serve government agencies, such as the police, with a 'Notice of Understanding and Intent' and a 'Claim of Right' to clarify any issue you want (as long as it adheres to Common Law principles) - for example, you can draw up a Fee Schedule and charge the police for your time (How does 500.00 per hour sound?)

It really is that simple - I undertook the process myself last month - peaceful non-compliance with unjust laws and non-payment of unfair taxation is the only way forward…

Love, Peace, Justice, for All.

Neil Kerslake,
Freeman on the Land at Common Law.


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