Vengeancia (updated December 2014) We love the folks at FamGuardian and SEDM and all of the peeps who are fighting to restore private rights to the people! I apologize if this page is a mess, lacks cites, quotes, etc….oh well. Sorry! Check out How to Establish Legal Title in Common Law, here.
“There are two types of hereditaments: corporeal and incorporeal. A corporeal hereditament is a permanent tangible object that can be seen and handled and is confined to the land. Materials, such as coal, timber, stone, or a house are common examples of this type of hereditament. An incorporeal hereditament is an intangible right, which is not visible but is derived from real or Personal Property. An Easement is a classic example of this type of hereditament, since it is the right of one individual to use another’s property and can be inherited.” Read more.
Check out Admiralty Law at Freedom School. You may want to record an Affirmation with the local Clerk and Recorder, the court of record, secretary of state, etc. Tell ’em you were born on the land OUTSIDE the jurisdiction of the corporation dba the US (WITHOUT THE UNITED STATES) and you are laying a claim on your name, body, children, car, house, etc.
Give 21 days to whomever is hassling you to come up with a higher right than yours to your own name, accounts, and property. You may want to get a domain with your name on it and publish your freedom documents on it as a public record. We need to restore the 7th Amendment. Check out Copyright Your Name. Also, check out this info. from Kevin Hart.
FamGuardian Recognize at the outset that you are dealing with a bunch of criminals who have abandoned their responsibilities as agents of the people by vacating the government and becoming a corporation to advance the commercial interests of the world. They attempt to make a corporation out of you, too, by writing your Christian appellation in all-capital letters which is a clear prejudice against you, according to Texas Rules of Civil Procedure (TCRP) Rule 52, Alleging a Corporation:
“Allegations that a corporation is incorporated shall be taken as Truth unless denied by affidavit of the adverse party, his agent or his attorney, whether such corporation is public or private and however created.”
Take note of the words “however created” because when those attorneys write your name in all-capital letters on a summons or warrant or notice, you have now been constituted as a corporation.
Your name was similarly corrupted when a constructive trust was established as you volunteered into Social Security, making you part of the national socialist democracy and assigning you an employee I.D. number (SSAN).
TCRP Rules 53 and 54 affirm the notion that if someone alleges that you are a corporation and you do not deny it in a timely manner, you are a indeed a corporation for the commercial matter in question.
Checking the definition of “name” in Bouviers law dictionary, we find that if
1) the opposing side does NOT use your Christian appellation, and
2) you do NOT make an appearance, and
3) you do NOT waive process,
then they have NO jurisdiction over you.
One method of obtaining control over the all-capital fiction is to file a UCC-l financing statement with the secretary of state.
Another is to bring that fiction under your domain as private intellectual property through a copyright, which enjoys the protection of common law when made a part of the public record with the local county recorder. (Copyright law existed before the modern statute was created.)
Compare this with a trademark, which is not a common law document since it comes under statutory law.
The mandate since 1935 from Washington is that all the state governments standardize their state rules, procedures and statutes. References given here use the Texas code, however there are equivalent sections in each of the other state rulebooks from which to derive similar authority. TRCP Rule 52 was cited in Galleria Bank vs. Southwest Properties, 498 Southwest 2nd, page 5, as follows:
“The failure of an adverse party [i.e. you] to deny under oath the allegation that he is incorporated dispenses with the necessity of proof of the fact.”
So, when you receive a presentment (bill, citation, tax bill, lawsuit, summons), you are alleged to be a corporation simply by how your Christian appellation is styled (all-capital letters) on the presentment. If you consent to that allegation by remaining silent during the time given to responding, it amounts to acceptance of your corporate status (acquiescence by silence). The fact that the opposition puts a case number or file reference or license number on the presentment constitutes a claim number that completes the process of creating a private corporation without your awareness.
Thus, for that particular matter, you are presumed to be a corporation unless you rebut it (contest it) with an affidavit sworn under penalties of perjury.
RULE: Never accept a presentment without contesting it, but remember that the ONLY thing you want to contest is the “style of the case,” i.e. the corruption of your Christian appellation into a corporate fiction form. To argue anything else in the pleading (even a contention that you are an ax murderer) instantly causes you to traverse into the opposition’s jurisdiction and you’re dead!
By the opposition successfully alleging that you are a corporation, you become caught in a Catch-22. Commercial courts cannot deal with flesh-and-blood People. They deal only with legal fictions (ACTORS) and you are entirely out of place in a commercial court unless they somehow manage to join you, the Living Soul, with a corporation (ACTOR), which is how the court obtains jurisdiction over you.
However, corporations cannot speak for themselves; they depend upon an attorney to be their mouthpiece and represent them before the court. You have NO STANDING before the court, not being a member of the BAR, and thus cannot speak for the legal fiction (ACTOR) whose name sounds exactly like yours (idem sonans).
For you to attempt a court appearance perpetrates fraud upon the court and NOTHING you say or file with the court may be recognized or heard, in spite of your best intentions and most diligent efforts.
The judge will take silent notice immediately. Hiring an attorney only complicates issues because it makes you a ward of the court (incompetent-to-handle your own affairs) AND it compromises your interests since attorneys are officers of the court whose first allegiance is to the court and not to their clients. Representing yourself pro se is no solution, either, unless you conveniently happen to be a member of the BAR (perish the thought!).
Having traversed down the slippery slope which leads to your own destruction, it is virtually impossible to then reverse course and disassociate yourself from the legal fiction (ACTOR). Once you’ve PROVED you are a fraud by agreeing to be a corporation, a powerful principal of law rules your affairs:
“No truth can come from a fraud.”
Avoid that slippery slope in the first place by declaring “That’s not me!” as your AUTOMATIC RESPONSE to any presentment, oral or written, where the ACTOR’s name is used instead of your Christian appellation. “I don’t know whose name you have there, but that’s not me!”
WARNING: Your declaration of “That’s not me!” needs to be made by affidavit when it is to become a part of an official record. Refer to Dr. Pepper Company v. Crowe, 621 SW 2nd 466, which held as follows:
Plaintiff pled defendant as a corporation. Defendant did not deny by verified pleading pursuant to TRCP 52 and 93 that he was not a corporation. Thus, such fact was established.
Presentments may be handled in any of three ways:
1. Write “This is not me” in red ink diagonally across the face of the instrument and return it to the sender.
2. Write “No such entity exists” in red ink diagonally across the face of the instrument and return it to the sender.
3. First, record a copyright of the ACTOR’s name and then pursue discovery with the sender of the presentment: Inquire whether the sender is making a claim against your copyright and, if so, how they propose to handle the cost of such a claim (one million dollars in United States silver coin per use per issuer). (The presumption is that the sender is using the ACTOR’s name in an attempt to extract something from your estate.) Claims for unlawful use of the copyright fall under common law and not under the commercial statutes regulating negotiable instruments and contracts. Therefore silver specie may be demanded in any settlement, instead of federal reserve notes or credit instruments of the United States.
The Texas Penal Code Articles 1.03, 1.04 and 1.07 (and similar language in each of the other states’ code) says that the only crime which may be committed by one of the People is a common law crime. People are not “violators” of civil statutes. When someone sends a presentment, they are contending that there is a contract on tile somewhere and includes inanimate entities like corporations, trusts, legal fictions and ACTORS, but does not include People (Living Souls). The subterfuge is confusing until you realize that they are operating in two separate venues-one for legal fictions and the other for real People. The People’s venue is in the common law which is based upon the constitution and runs with the land. The corporate government, in order to function, has codified a lot of the rights of the People into statutes which they attempt to enforce under the presumption that the people have agreed to be treated as corporations. The statutory side is the face that they show to the People in order to distract and deceive-and thereby control-them.
In 1935, the Social Security Act came into being. It provided that if one of the People voluntarily enrolled in Social Security and received a number, he was deemed to be an employee of the government. The State of Texas, as a subsidiary corporation of the United States Inc. (Title 28, § 3002 15 et sequel), can thus point to a man’s Social Security contract to substantiate their contention that the man has become a person (ACTOR) and an employee of the state corporation, subject to being regulated and controlled by the statutes. As said before, People cannot commit violations unless they agreed to do something by contract. However, a contract may be invalidated if it was entered into without full disclosure-which is almost always the case in these entanglements with the state.
The Penal Code sets punishments for violations but it also provides a legal remedy for the People. People CANNOT avail themselves of the remedy if they acquiesce to being a legal fiction (corporation/employee), so it is important to first gain control of the all- capital letter ACTOR’s name by means of a common law copyright and remove it from commerce so the state cannot use it against you. This is the highest form of title one can possess once the recorder’s office attaches a deed number. With a copyright in hand, a man has returned control of his life to himself and out of the hands of the state. Anyone coming against the ACTOR after that point is required to post a bond equal to double the value of the copyright property before commencing action.
NOTE: Occasionally, a county recorder will resist the idea of recording your papers by contending that you cannot copyright your own name-and the recorder would be correct I in that contention. There is no way to copyright your Christian name (upper-lower case ij appellation). However, the name that is being recorded for copyright is NOT your Christian name-it is the moniker of the alleged fiction, the corporation or ACTOR, whose name just happens to sound like yours. Furthermore, your papers are being submitted to the common law side of the recorder’s office which recording takes precedence over statutory process. Be aware that a man can copyright ANY of the fruits of his labor, whether it be from his hands or his mind, and thereby protect those fruits for his own exclusive use by withdrawing them from commerce and the public domain.
IMPORTANT: Use care in selecting your terms. “File” is a statutory term. “Record” is a common law term. The copyright is private intellectual property “recorded for the public notice.”
The Texas Code of Criminal Procedure (TCCP) in § 1.14 Waiver of Rights, says: “The defendant in a criminal prosecution for any offense may waive any rights secured to him by law. If he does not object to a defect, error or irregularity of form or substance in the indictment or the information before the date of the trial, he waives and forfeits the rights to object to the irregularity on appeal.” So, if you argue anything except “That’s not me!” in response to a presentment, you’re dead! If you accept the contention that you’re a corporation, you’ve acquiesced to being treated like a corporation-and you are finished. You are absolutely guilty of whatever they say you are because they run the courts. Your only defense is owning title to the ACTOR’s name-by copyright. Get control of your legal fiction and then you can get control of your life.
Do not ever answer to the all-capital letter name. Always object. If someone announces that they have service for you, respond with “Let me see the paperwork. Oh, that’s not me.” Avoid entanglements with the state. You have no rights in any statutory corporation court. You only have statutory privileges and immunities. The People are the created ones. The government serves the People to the People’s benefit. If you allow yourself to be contracted into their statutory venue as a corporation, then you are going to have to abide by the fact that they have all the rules in their favor and that you have no rights. Once you assert your rights that you are one of the People, there are a number of things you can do to help your court case to make certain that you will win on appeal. The Texas Rules of Criminal Procedure in § 1.27 states that the common law governs. If the statutory code fails to provide a rule of procedure in any particular state of case, the rules of common law shall apply. If, from the outset, you establish that you are NOT that legal fiction, then that case does NOT apply to you; instead, the rules of common law apply. You may force them to move the case into a venue in which the common law prevails (Texas Rules of Civil Procedure § 257 and 259), back into the venue of the People, to wit: A change of venue may be granted in civil cases upon a motion by either party supported by his own affidavit and the affidavit of three credible persons, residents of the county in which the suit is pending. (NOTE: The granting of a petition to move the case is usually automatic, unless some agent from the government corporation objects under penalty of perjury that a fair trial by a jury by due course of the law of the land can indeed be found in a court of equity-not likely, since your affidavit becomes the judgment unless rebutted point-for-point. If rebutted, the affidavit must be tried under the rules of common law, which must be heard by a jury in the county court for the People. This is because a remedy for a common law controversy cannot be heard in an equity court.) For an example of removal of a case to common law court, see: Lone Star Steel Company vs. Scott.
“I am not that fiction on the warrant or information that was served upon me. I am one the People and a living soul. I am not a corporation. I demand my remedy in the court of the People in the county court of record. I petition the court to remove Case No. 121212 from admiralty court under contract law into the county court for the People under common law.”
Equal footing doctrine (under the full faith and credit provisions of the federal constitution) says you may import Texas law into your state and Texas law will have standing (to govern) in your case.
Refuse to give your “name”….. The omission of the Christian name by either plaintiff or defendant in a legal process prevents the court from acquiring jurisdiction, there being no other description or identification or appearance or waiver of process. — Bouvier’s Law Dictionary, 8th Edition. See: Boyington vs. Chamberlain, 38 Texas 604; Thompson vs. McCorkle, 136 Indiana 484 NE Reporter 813.
All crimes are commercial crimes with commercial remedies. Penal code violations are NOT crimes. Prior to 1939, there were four causes of action in the courts: civil, penal, criminal and admiralty. After the “Great Combining” in 1939, the only cause remaining was civil action in equity. (FRCP Rule 2, Title 28). Constant throughout the ages is the 7th Amendment to the constitution which preserves the right of the People to a common law venue. Any “crime” with a monetary value of more than $20 attached to it entitles the accused to due process under the common law. (One day in jail is normally worth more than $20.) In Texas, all criminal action must be dealt with under the common law where the People have sovereign immunity. If you remember to avail yourself of the constitutional remedy codified in the Rules of Criminal Procedure, you discover you do have a legal leg to stand on. Even attorneys have rights under the common law. In a disbarment action, an attorney may petition to have his case heard ill the county court of record (common law court).
Mandatory steps to taking back control of your legal life:
1. Copyright the name of your legal fiction.
2. On receiving any presentment, respond automatically with “That’s not me!”
3. Find the remedy in your own state statute or code to counter the action being brought against you and FILE THAT REMEDY in your own real name. “The fiction in which the case is styled is not Me. I am really Me, a living soul, one of the sovereign People of the several states united. I demand to move the case into my venue where the People have remedy-in common law.”
A landmark case for establishing who the People are is Kemper vs. State, 138 Southwest 1025 (issued in 1911), which says on Page 1043, § 33: One sovereign does not need to tell another that he is sovereign. He is sovereign by his very existence. The rule in America is that the American people are the sovereigns.
You have the right as a sovereign to control both sides of your life, the common law (private) side and the statutory (public) side where you engage in contracts with others. The presumption of contracts lacks full disclosure, but if you don’t know who you are you are going to innocently accept a piece of paper with your capitalized name and, whether you like it or not, you will be captured into a statutory venue to be treated like a corporation and manipulated to the prejudice of your own best interests. You are one of the sovereign People. You have a right to copyright your name.
There is an insidious aspect to the states becoming corporations in order to execute public policy. We have grown used to seeing the activities of the Texas Republic carried out under the banner of The State of Texas (a corporation). The Powers That Be may have gone one step further in the development of the corporate fiction than the state constitution and the statutes actually permit, because we now see the corporation styled in legal documents as THE STATE OF TEXAS, which has no foundation in law or statute nor is the all-capital letter name registered with the Secretary of State of Texas. This amounts to a fictitious plaintiff which leads to the possibility that some band of international rogues may have stolen even our de facto corporate government from us. See Baldauf vs. Nathan Russell, 96 Atlantic Recorder, Page 96 (88 NJ law 303) which says under Abatement and Plea in Abatement-Fictitious Party: The defense that a plaintiff is a fictitious person attacks the capacity of the plaintiff to commence or continue the suit and is properly the subject of a plea in abatement.
Under the TCCP, the state only has the authority move process under The State of Texas. It appears, however, that today all of their process is running as THE STATE OF TEXAS, which may prove to be a fictitious plaintiff. This amounts to a colossal fraud upon the People, requiring the collusion of judges, the admiralty court system, the Bar Association, the attorneys general, the district attorneys and all the corporate officers who are supposed to be answerable to the People. It amounts to abdication of office in order to go over to some fictitious venue for which there is no foundation in law. Furthermore, a fictitious plaintiff is a fraud upon tile court because it goes beyond their own code. Every accused man should notice the court of that fraud and demand his remedy.
The state corporation has co-opted the state constitution for use as their corporate charter. The label on the front may say TEXAS CONSTITUTION, but notice the all- capitalized style being employed in the title (subtle hint). The legislative council is responsible for the care and upkeep of this document, assisting the house and senate in their capacity of board of directors of the state corporation while they impersonate officers of The State of Texas. Taking these criminals to task for their deeds is nigh unto impossible, so long as they control all of the courts. Additional evidence that the CONSTITUTION is nothing more than a commercial charter that is seen by realizing that it may be amended at the whim of registered voters who are voting their interest as members of the national socialist democracy. Organic dejure law may be changed only by property owners who are qualified electors, not by persons of diminished capacity possessing social security numbers.
The only crimes which may be legitimately prosecuted against the People at common law are for:
- Causing injury to another one of the People,
- Damaging your neighbor’s property, and
- Violating the rule that your word is your bond. On the other hand, if you venture into commerce and make a contract, you become bound by the terms of that contract under the Law Merchant.
Citizens who obtain a voter’s registration card become members of the County corporation. You join the socialist democracy when you apply for a social security number and become an employee of the corporate state.
If you know that you are one of the sovereign People and you have taken control of your alleged commercial entity (ACTOR), where do you go for remedy? The opposition has closed all of the People’s courts. However, they cannot take them away-by law. The state constitution (corporate charter) identifies the county court which is a court of record consisting of 12 justices called from among the People and presided over by a magistrate who keeps order and maintains the seal of the court. The presiding magistrate serves as chief justice of this One Supreme Court, moving in common law. Notice that the United States Supreme Court is NOT the One Supreme Court, as we have been led to believe, having jurisdiction only over federal officers and employees in Washington, DC and the federal territories.
Since most of the contracts which imperil your standing in law were entered into voluntarily (social security, driver license, marriage license, voter registration), making you an employee of the state corporation and a member of the socialist democracy, consider volunteering OUT of the same contracts to restore your sovereign status under a republican form of government.
Article 5, Section 28 of the Texas constitution speaks to the issue of filling vacancies in the “superior court” which only exists in the counties. Know what court in which you have remedy. Apply that remedy, whether the opposition pays attention or not, by creating documents to cite applicable law and statutes that codify your contention that “That’s not me-I’m not that THING.” You have the right to make dilatory pleas and point out their errors. What are their errors? 1) That’s not me on that piece of paper. 2) In fact, that’s not YOU on that piece of paper. (Recall the fictitious plaintiff that has no foundation in either the constitution or the statutes.)
Don’t go into their courts; simply return their process to them with an appropriate notation. Remember that if 1) the opposing side does NOT use your Christian appellation, and 2) you do NOT make an appearance, and 3) you do NOT waive process-then they have NO jurisdiction over you. Don’t argue on behalf of or against the ACTOR or the charges-it’s of no consequence and you risk traversing into their jurisdiction. The only issue is “That’s not me!”
The ACTOR, being a fiction, has no capacity to speak, or write, or act, or pay fines, or serve time in jail. For those purposes, the system needs a real live man to step forward and agree to become the agent for the ACTOR, thus responsible to the principal to indemnify the obligations of the fiction (see “indemnifying party” and “accommodating party” in the Uniform Commercial Code). The system convicts the fiction and the live man serves time in jail! The state creates the fraud, but a real, live man must agree to it for it to be carried to execution.
The military, by reporting to the civil authority, is supposed to come in and protect the People when the court and legislative systems break down. There are powerful forces arrayed on the other side, whose very existence depends upon their continued ability to fleece the sheep. They won’t relinquish power or control easily. Taking back the system has to begin somewhere and the starting point is for the People to record affidavits into the county record with copy to the government, which then become the basis for prosecuting actions in law. An affidavit, properly recorded, holds as much sway as a grand jury indictment. (The county attorney referred to in the Texas constitution is not the district attorney-it’s one of the People.)
The state grand jury can only indict for misdemeanors because that’s the only thing over which a district court has jurisdiction. If a felony is involved, it must by law be handled in the county court (common law). That’s why cases are moved to contract law (equity courts) where the state attaches criminal penalties to civil contracts. The penal code is civil so that they may take felonies into the district court. Reason: They don’t have constitutional or statutory authority to deal with one of the People charged with a felony in a state district court. So, how do they get jurisdiction? They claim that that the real man is an ACTOR (corporation) and an employee of the government, just like all judges, prosecuting attorneys, clerks and officers are ACTORS and employees. Unless the claim is rebutted, the real man finds that he has contracted away his right to a republican form of government and joined the socialist democracy with responsibility to adhere to the rules of the corporation and opportunity to enjoy a perceived benefit. It’s all in the NAME.
The copyright is your private property and it is your right to get it recorded with the county recorder. Challenge the reluctance of any county recorder to accept your paperwork by citing § 5407 and 5408 of Revised Statutes of the United States, 1st session, 43rd Congress, 1873 -1874 (see website for sanctions available for non- compliance with duties to record). The clerk has NO right to make a judicial to come by convening a common law court and have 12 justices rule on the issue. The legal fiction is an ACTOR, a corporation, an employee, a strawman-it’s all of those things-but, it’s not you! However, so long as you have NOT staked your claim to its exclusive use, the world of commerce will infringe on it for their purposes. But, once you copyright the legal fiction and remove it from the public domain, the use of that property without your permission will cost the user a price which you set in the public record when recording your copyright.
A discussion of idem sonans is appropriate. It means “sounding the same or alike” and is the means by which the real man is tricked into answering to the illegal conversion of his Christi all appellation (name). When a case is called in court by the bailiff announcing the defendant’s name, he is reading the all-capital name of the ACTOR (corporation) which SOUNDS exactly like the real man’s name but is NOT his name. The natural reaction is to respond by walking forward. The moment the real man enters the bar, he has just left the venue of the People and entered the admiralty court, where by presumption of contract he comes under some obligation to obey a statutory code, rule or regulation and that he failed to comply with it. Idem sonans amounts to criminal conversion (contract made without your consent and lacking full disclosure) that is willful, malicious and deceptive trade practice. The opposition assumes that you will not know the truth, will traverse to that fiction and will automatically be captured into their venue-and be the means to creating additional revenue to fund the state machine.
So, how does one avoid falling into the idem sonans snare? One way is to file a petition for an identity hearing-in advance-to clarify which party the opposition really want to appear in court. This is a deal killer for them because, if they make truthful disclosure, it exposes their fraud. (You can help dissuade them from proceeding by attaching a copy of your recorded copyright when you file your petition.)
Any attempt by a real man to appear in court is foolhardy. The ACTOR is the one on trial and he needs legal representation (a BAR attorney) to mount a defense. The real man, not being a BAR attorney, cannot come into the court without permission and thus he cannot speak for the ACTOR. Nothing the real man attempts to put into the record will have any effect. The judge and the opposing attorney will take silent notice of the fraud the real man is attempting to perpetrate on the court, but no one will tell him the reality of the situation. Result: The ACTOR is recorded as NOT having appeared and nobody made a legitimate appearance for the ACTOR, which leads the court to award a declaratory judgment in favor of the opposition. Nothing can stop this process because real man cannot object without having a BAR card. Even if the judge wanted to rule in the ACTOR’s favor, he cannot-being constrained by the rules that govern the court. HINT: If you want to go into their court , first get a BAR card and obtain a standing in the court
Stay out of their courts! Only attorneys can appear in their courts. They are moving by contract and statute and regulation, not law. If invited to appear, choose to abstain.
- Send their citation back within 72 hours, with an appropriate notation.Wait for a warrant.
- Receive the warrant and insist without hesitation, “That’s not me!”
- If taken into custody, be prepared to contest jurisdiction when asked to give your name. The correct response is, “I am me.” When queried about being JOHN DOE, you respond, “I’m not the JOHN DOE you have on your paperwork. I am me. Do you have a claim against me? Do you know anyone who has a claim against me?” They can’t have a claim against you because they don’t have title to you, like they do have title to the ACTOR (unless you have recorded your copyright).
- Who is the bondholder indemnifying the case? “I claim the bond because I own the property as evidenced by title to a deed recorded in the county.”
- I own exclusive title to the ACTOR being charged in the action. What commercial purpose do you have for that ACTOR and how do you propose to pay for the privilege? The fee is one million United States silver dollars per use per issuer.
- Resist the urge to sign a bond for your release. You are signing a contract whereby you agree to hire an attorney and give up all your rights. Even if a friend agrees to post a cash bond, you the accused are asked to sign the bond prior to release. A proper response might be, “No thanks. I don’t contract with demons.”
Send a bill to anyone infringing on your copyright without permission. Typically, a presentment involves two parties, assuming an attorney is in the picture, so the minimum fee is two million silver dollars. Wait 30 days to receive payment and then record an Affidavit of Non-Payment, with your bill attached, into the county recorder’s office. (An unrebutted affidavit becomes a judgment nihil dicit after 30 days and you don’t need a court to collect on it.) In this way, you are generating paperwork in their venue which will eventually be noticed by the bonding companies who indemnify the actions of government employees. The bond company may refuse to renew coverage at some point because of unacceptable risk. Without a bond, a government employee cannot fulfill the duties of his office and conduct his commercial business.
Nihil dicit means that when a party is under the obligation to respond and cannot-or does not, you have created a controversy which can only be settled in a common law court (nonexistent) and that puts the opposition in a severe bind. You can add fuel to the fire by filing a criminal complaint charging deceptive trade practice through the fraudulent use of commercial paper and fraudulent commercial process. It is up to the court to determine what the criminal penalties amount to, however, by your bill and affidavit, you have already set the civil penalty at one million silver dollars-plus. The opposition is caught between a rock and a hard place because they cannot legitimately answer or dispute your claim and it becomes a judgment by their silence. “You have used my copyright without my permission to extort some benefit or money or property from my personal estate and I am lodging a claim for damages. I have taken steps to protect my estate and you have used my copyright without my permission and you owe me one million silver dollars.”
Maxim of law: “For the defacto officer to have the presumption of office, there must first be the dejure office.” This means that the government may not wish to use the constitution or deal with real law-but their lifeblood is determined ultimately by their adherence to the law. They will get as far away from real law as the People will allow, but at some point they have to answer to the law because they know they cannot exist without the dejure office being there. So, when affidavits alleging crimes against the People begin to pile up, it will begin to have a snowball effect.
The highest form of complaint-even higher than a grand jury indictment-is a sworn affidavit placed into the public record by one of the sovereign People. Actions commence in the county court (common law) by affidavit of the sovereign. There is no need for a grand jury to be convened and no cause for the police to go out and investigate-all that’s required is for a sovereign to write an affidavit and declare “This crime occurred to me” and put it into the county recorder’s office. Already, we have seen decisions to resign made by a number of recalcitrant Texas public officers in lieu of contesting the complaints made against them. It is incumbent upon each of us to refuse to allow public officers to get away with their crimes and to hold the truth up to their face at every opportunity. We have got to start asserting our rights and the way we do that is to take control of the presumption that we have a commercial identity (ACTOR) that belongs to them and for which they make us the indemnifying party. When you copyright that ACTOR, you take away their power. By not answering to that fiction, you take away their power. By sending them a bill every time they use the ACTOR’s name without your permission, the accumulating weight of the civil and criminal affidavits that lie in the county recorder’s office will take away their power. They will have to come back and be responsive to the People.
Once your copyright is recorded, you have the ability to stop the progress of cases being brought against you. You load tile record with affidavits and counter every move of the opposition. This may not halt the psychological warfare they wage against you and, at some point, you may be intimidated into hiring an attorney. You do this at your own peril because the judge will likely order your attorney (an officer of the court) to purge offensive documents from the records-and you will have nothing to say about it-to be replaced with documents of the attorney’s choosing. A better way to go is to stand before the court as yourself and to always proclaim, “I am me. I’m not that fiction or any other entity on God’s green earth. I am only me.”
The Christian name (title) given to you when you were born is your “address”. If questioned as to your address, it is proper to respond, “You may address me as Ralph. I am Me.” “Ralph” is not your mailing location; it is your address. If they attempt to label you a resident, declare that you are an inhabitant. Inhabitants have domiciles, not residences. Where do you live? You live ill your body, where else? You SIGN NOTHING that is placed before you unless you understand the full implication of the act. By giving your name to someone else, you relinquish title over yourself. By giving your date of birth, you relinquish your birthright. With neither title to yourself nor your birthright, you have given over total control of yourself to others. Remember the trickery perpetrated with idem sonans. The cop in the processing section, the property office clerk, the guard in the prison-are all in on the ruse to get you to traverse to being the fiction. If successful, they own you and you become a ward of the state. “I can’t give you my name (my title) because then I wouldn’t have one. I can’t give you the date of my birth without giving up my birthright.” All judges, prosecuting attorneys, policemen, and officers of the court are ACTORS with jurisdiction only over other ACTORS (employees of the government) unless you give them permission to exercise jurisdiction over you.
Get the common law copyright of the fiction recorded with your county. Remove that ACTOR from commerce. It is the highest title over yourself you can possess. You own yourself at that point. You determine who will use that fiction and when and at what price. It is tile ultimate device for protecting yourself. It is more powerful-and more useful-than a UCC-I because the copyright is under the common law. The UCC-l comes under the commercial code which may be changed without notice and is overseen by attorneys who are the fiduciaries for the corporate bankruptcy. They all work for the bankers and they’re primary job is to collect the debt.
Find your remedy for anything that occurred within the boundaries of your county in the venue of the county court (common law). Remember that none of the People have rights under the Constitution of the United States, which is a compact between the several States and the United States. Your rights are preserved by the local contract, which is your state constitution. The federal Bill of Rights does not apply to you, except where it has been replicated in your state constitution. Neither does the federal government have authority over you, unless you are a resident in a federal enclave or become a federal employee (social security contract). So, the reds cannot put you in their prison-unless you volunteer. One way of volunteering is to speak improperly at allocution (time of sentencing). When the judge asks if you know of any reason why he should not pass sentence, you had better jump to your feet and speak with as much conviction as you can manage –
“Yes sir, I know SEVERAL reasons why you should not pass sentence! FOR THE RECORD, that fiction listed on your paperwork is NOT Me! You can sentence that fiction to anything you please-if you think you have title to him. But, you do NOT have title to Me, so you cannot do anything to Me-and I do NOT give you permission to do anything except dismiss the case and discharge all charges with prejudice! Furthermore, there is evidence of fraud and collusion on the part of the prosecution who has brought an action in the name of a fictitious plaintiff. This is an equity court and you either move by contract or by title. I don’t have any contract with you and I know for certain that you don’t own me nor am I your slave. I am a living soul and NOT a corporation or a fictitious creation of the state. Furthermore, I am NOT an employee of any government corporation. I am ME. I claim subject matter jurisdiction and in personam jurisdiction for myself alone and I refuse to relinquish either jurisdiction to you. So, you cannot fine me or put me in jail. I demand to be released immediately!”
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All material contained in this presentation is for educational purposes only. It does not constitute legal advice. None of the contributors are lawyers or members of the BAR. Consult your own legal professional before attempting to make use of any of this material. There are no guarantees-implied or express-as to the accuracy or adequacy of any of the information presented.
From Bouvier’s Law Dictionary, 1856 Edition:
NAME. One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin.
2. The Greeks, as is well known, bore only one name, and it was one of the especial rights of a father to choose the names for his children and to alter them if he pleased. It was customary to give to tile eldest son the name of the grandfather on his father’s side. The day on which children received their names was the tenth after their birth. The tenth day, called ‘denate,’ was a festive day, and friends and relatives were invited to take part in a sacrifice and a repast. If in a court of justice proofs could be adduced that a father had held the denate, it was sufficient evidence that be had recognized the child as his own. Smith’s Diet. of Greek and Rom.. Antiq. h.. v.
3. Among the Romans, the division into races, and the subdivision of races into families, caused a great multiplicity of names. They had first the pronomen, which was proper to the person; then the nomen, belonging to his race; a surname or cognomen, designating the f’an1ily; and sometimes an agnomen, which indicated the branch of that family in which the author has become distinguished. Thus, for example, Publius Cornelius Scipio Afiicanus; Publius is the pronomen; Cornelius, the nomen, designating the name of the race Cornelia; Scipio, the cognomen, or surname of the family; and Africanus, the agnomen, which indicated his exploits.
4. Names are divided into Christian names, as, Benjamin, and surnames, as, Franklin.
5. No man can have more than one Christian name; 1 Ld. Raym. 562; Bac. Ab. Misnomer, A; though two or more names usually kept separate, as John and Peter, may undoubtedly be compounded, so as to form, in contemplation of law, but one. 5 T.. R. 195.. A letter put between the Christian and surname, as an abbreviation of a part of the Christian name, as, John B. Peterson, is no part of either. 4 Watts’ R. 329; 5 John. R. 84; 14 Pet. R. 322; 3 Pet. R. 7; 2 Cowen. 463; Co. Litt. 3 a; 1 Ld. Raym. 562; , Vin. Ab. Misnomer, C 6, pl. 5 and 6: Com. Dig. Indictment, G 1, note u; Willes, R. 654; Bac. Abr. Misnomer and Addition; 3 Chit. Pro 164 to 173; 1 Young, R. 602. But see 7 Watts & Sergo 406.
6. In general a corporation must contract and sue and be sued by its corporate name; 8 Jobn. R. 295; 14 John. R. 238; 19 John. R. 300; 4 Rand. R. 359; yet a slight alteration in stating the name is unimportant, if there be no possibility of mistaking the identity of the corporation suing. 12 L. R. 444.
7. It sometimes happens that two different sets of partners carry on business in the same social name, and that one of the partners is a member of both firms. When there is a confusion in this respect, the partners of one firm may, in some cases, be made responsible for the debts of another. Baker v. Charlton, Peake’s N. P. Cas. 80; 3 Mart. N. S. 39; 7 East. 210; 2 Bouv.lnst. n. 1477.
8. It is said that in devises if the name be mistaken, if it appear the testator meant a particular corporation, the devise will be good; a devise to “the inhabitants of the south parish,” may be enjoyed by the inhabitants of the first parish. 3 Pick. R. 232; 6 S. & R. 11; see also Hob. 33; 6 Co. 65; 2 Cowen, R, 778.
9. As to names which have the same sound, see Bac. Ab. Misnomer, A; 7 Serg & Rawle, 479; Hammond’s Analysis of Pleading, 89; 10 East. R. 83; and article Idem Sonans.
10. As to the effect of using those which have the same derivation, see 2 Roll. Ab. 135; 1 W. C. C. R. 285; I Chit. Cr. Law 108. For the effect of changing one name, see 1 Rop. Leg. 102; 3 M. & S. 453 Com. Dig. G 1, note x.
11. As to the omission or mistake of the name of a legatee, see 1 Rop. Leg. 132, 147; 1 Supp. to Yes. Jr. 81,82; 6 Yes. 42; 1 P. Wms. 425; Jacob’s R. 464. As to the effect of mistakes in the names of persons in pleading, see Steph. Pl. 319. Vide, generally, 13 Vin. Ab. 13; 15 Vin. Ab. 595; pane’s Ab. Index, h. t.; Roper on Leg. Index, b. t; 8 Com: Dig., 814; 3 Mis. R. 144; 4 McCord, 487; 5 HaIst. 230; 3 Mis. R. 227; 1 Pick. 388; Merl. Rep. mot Nom; and article Misnomer.
12. When a person uses a name in making a contract under seal, he will not be permitted to say that it is not his name; as, if he sign and seal a bond” A and B,” (being his own and his partner’s name,) and he had no authority from his partner to make such a deed, he cannot deny that his name is A. & B. 1 Raym. 2; I Salk. 214. And if a man describes himself in the body of a deed by the name of James and signs it John, he cannot, on being sued by the latter name, plead that his name is James. 3 Taunt. 505; Cro. Eliz. 897, n. a. Vide 3 P. & D. 27]; 11 Ad. & L. 594.
NAMES OF SHIPS. The act of congress of December 31, 1792, concerning the registering and recording of ships or vessels, provides, §3. That every ship or vessel, hereafter to be registered, (except as is hereinafter provided,) shall be registered by the collector of the district in which shall be comprehended the port to which such ship or vessel shall belong at the time of her registry, which port shall be deemed to be that at or nearest to which the owner, if there be but one, or, if more than one, the husband, or acting and managing owner of such ship or vessel, usually resides. And the name of the said ship or vessel, and of the port to which she shall so belong, shall be painted on her stem, on a black ground, in white letters, of not less than three inches in length. And if any ship or vessel of the United States shall be found without having her name, and the name of the port to which she belongs, painted in manner aforesaid, the owner or owners shall forfeit fifty dollars; one half to the person, giving the information thereof, the other half to the use of the United States. 1 Story’s L. U. S. 269.
2. And by the act of February 18, 1793, it is directed, §l1. That every licensed ship or vessel shall have her name, and the port to which she belongs, painted on her stem, in the manner as is provided for registered ships or vessels; and if any licensed ship or vessel be found without such painting, the owner or owners thereof shall pay twenty dollars. 1 Story’s L. U. S. 290.
3. By a resolution of congress, approved, March. 3, 1819, it is resolved, that all the ships of the navy of the United States, now building, or hereafter to be built, shall be named by the secretary of the navy, under the direction of the president of the United States, according to the following rule, to wit: Those of the first class, shall be called after the states of this Union those of the second class, after the rivers and those of the third class, after the principal cities and towns; taking care that no two vessels in the navy shall bear the same name. 3 Story’s L. U. S. 1757.
4. When a ship is pleaged, as in the contract of bottomry, it is indispensable that its name should be properly stated; when it is merely the place in which the pledge is to be found, as in respondentia, it should also be stated, but a mistake in this case would not be fatal. 2 Bouv. Inst. n. 1255.
NAMIUM. An old word which signifies the taking or distraining another person’s movable goods; 2 Inst. 140; 3 BI. Com. 149 a distress. Dalr. Feud. Pro 113.
NARR, pleading. An abbreviation of the word narratio; a declaration in the cause.
NARRATOR. A pleader who draws narrs serviens narrator, a sergeant at law. Fleta, 1.2, c. 37. Obsolete.
There are three pages of a template for the “Copyright Notice”. If you type: Control + H it will take you to “Find and Replace” you can then find the “STRAWMAN” and replace it with your name all in CAPS. The do a Ctrl + H and replace your “Live Man Name” with your name in upper and lower case letters. You also need to do a find and replace with your “Year of Birth.” Your “Indemnity Agreement Number” can be anything you want it to be and can remember. I did my date of nativity in reverse.
There are certain schools of thought if you want to stay in the private sector only have the Copyright Notice notarized, other schools of thought is to have it publicly noticed by having it appear in the newspaper 4 times and filing it with the county recorders office. It is up to you what you do.