JEAN KEATING'S PRISON TREATISE

[BarnacleBob]

JEAN KEATING'S PRISON TREATISE



November 30, 2004



The courts are operating under Statute Law. A "Statute" is defined in black's 4th edition revised as a kind of bond or obligation of record, being an abbreviation for "statute merchant" or "statute staple".



Statute -merchant = is defined as a security for a debt acknowledged to be due, entered into before the chief magistrate of some trading town, pursuant to the statute 13 Edward I. De Mercatoribus, by which not only the body of the debtor might be imprisoned, and his goods seized in satisfaction of the debt, but also his lands might be delivered to the creditor till out of the rents and profits of them the debt be satisfied. This was also called a Pocket Judgment.



Statute Staple = A 1353 statute establishing procedure for settling disputes among merchants who traded in staple towns. The statute helped merchants receive swift judgment for debt. Cf. STATUTE MERCHANT. 2. A bond for commercial debt. A statute staple gave the lender a possessory right in the land of a debtor who failed to repay a loan. See STAPLE.



"A popular form of security after 1285 . . . was the . . . 'statute staple' - whereby the borrower could by means of a registered contract charge his land and goods without giving up possession; if he failed to pay, the lender became a tenant of the land until satisfied . . . the borrower under a statue or recognizance remained in possession of his land, and it later became a common practice under the common-law forms of mortgage likewise to allow the mortgagor to remain in possession as a tenant at will or at sufferance of the mortgage." J.H. Baker, An introduction to English Legal History 354 (3d edition 1990).



Recognizance = A bond or obligation of record binding a person to some act as to appear in court and subject to forfeit money if obligation is not fulfilled. Fifa = Fifa, short for the Latin phrase fieri facias ("let it be made . . .") was a court (execution) to the sheriff to levy on (Take) the property of a debtor in order to satisfy a judgment (see judgment and execution dockets, above). The sheriff might typically keep track of fifas in a Sheriff's Fifa Docket Book. Usually written on a fill-in-the blank form, a fifa names the parties to the court judgment and the value of property to be taken to satisfy the judgment. On the back, the sheriff or his deputies annotate their actions in carrying out the order. The fifas were to be returned to the court which issued them and the actions annotated on the Judgment Docket. Theoretically, the docket books should contain everything that was noted on the fifas.



I have been doing more research on our prison system via the internet and have found out some interesting things, regarding what is really going on in the courtroom. The court is looking for an acceptance and acceptor under 3-410 of the U.C.C. as the Principal has the primary obligation to pay or discharge any instrument presented for acceptance. Since they are presenting a Bill of Exchange [indictment] for acceptance. This is called an acceptance for honor, which involves a negotiable instrument especially a bill of exchange [indictment] that has been accepted for payment. The complaint, information, or indictment is a three party Draft, Commercial paper, or Bill of Exchange under Article 3 of the U.C.C. The Grand Jury Foreman is the Drawer or Maker of the Indictment by his signature, the Defendant/ Debtor or Straw man is the Drawee and the State is the Payee and the live man is the Payor. What they are doing in the courtroom is all commercial, this is in conformity to 27 CFR



(a) Presentment for acceptance is necessary to charge the drawer and endorsers of a draft where the draft so provides, or is payable elsewhere than at the residence or place of business of the Drawee, or its date of payment depends upon such presentment. The holder may at his option present for acceptance any other draft payable at a stated date;



(b) Presentment for payment is necessary to charge any endorser;



(c) in the case of any drawer, the acceptor of a draft payable at a bank or the maker of a note payable at a bank, presentment for payment is necessary, but failure to make presentment discharges such drawer, acceptor or maker only as stated in section 3-502 (1)(B).



If you don't accept the charge or presentment you are in dishonor for non acceptance under 3-505 of the U.C.C. (c) and 3-501 (2) (a), (b). Acceptance is the drawer's signed engagement to honor the draft as presented. It must be written on the draft, and may consist of his signature alone. It becomes operative when completed by delivery or notification 3-410 of the U.C.C.



You are the fiduciary trustee of the straw man which is a Cesti Que Trust; in this capacity you have the responsibility to discharge all his debts, by operation of law. You are also the principal or asset holder on the private side of the accounting ledger; you are holding the exemption necessary to discharge the debt. When they monetize debt they must have a principal, capital and interest is what circulates as principal and is called revenue or re-venue. Principal is where venue lies. Revenue is a Tax debt or Tax bills. All bills when presented represent revenue, interest, capitol, or accruals circulating from you as the principal, when it is returned back to you as capital or interest it is called income or in-coming. This method of accounting is called the "Accrual Accounting Method" and is represented by debits and credits. Debits are assets Credits are liabilities. The credits and liabilities have to be in balance, this is accomplished through double bookkeeping entries



Corporations work on the Fiscal Accounting Cycle because they operate using commercial debt, we as owner principal's work on the General Calendar Accounting Year or Cycle. New York City has a $ 6.6 billion dollar deficit, this deficit represents unredeemed debt on the credit side of the accrual accounting system and cannot be executed to the debit side of accrual accounting ledger, except through the principal's exemption. New York has therefore put its bond underwriting business up for bid. This means that New York will issue $ 6.6 billion in bonds and pay underwriters over $30 million in fees in the next fiscal year alone. Lehman Brothers Bank will underwrite New York's $ 6.6 billion dollar deficit. An underwriter is an Insurer or one who buys stock from the issuer with an intent to resell it to the public or an entity or person, especially an investment banker, who guarantees the sale of newly issued securities by purchasing all or part of the shares for resale to the public.



The Corrections Corporation of America owns most of your prison systems and sells its stock and shares on the New York Stock Exchange, the major stock holder is the Paine Webber Group. They have a Dunn Bradstreet rating and are headquartered in Nashville, Tennessee at 10 Burton Hills Blvd and can be reached at 1-800-624-2931. Their Ticker Symbol for their stock is CXW_pb on the NYSE and CXW under business services on the NYSE. In Berlin Germany there ticker symbol is CXW.BE and CXW.DE in Frankfurt, Germany.



CCA later merged into PRISON REALTY TRUST, a Real Estate Investment Trust that is exempt from corporate taxes if it meets certain conditions. This was a $4 Billion Transaction; companies acquire U.S. Corrections Corporation. One important condition is that it distribute 95% of its income to shareholders, a provision making REITs attractive to investors. Prison Realty Trust failed to meet those conditions of cash flow problems; it posted a $62,000,000 loss for 1999 and was in default on the terms of its credit facility. Wall Street was unimpressed at the company's earlier scheme to issue junk bonds. Investors are angry that PZN lost its REIT status and the related dividend; they are filing class actions suits against Prison Realty Trust for false claims on Securities and Exchange Commission documents. Specifically, they are concerned about the non-disclosure of payments by PZN to CCA. Meanwhile Prison Realty just paid a dividend on their preferred stock (belonging to executive



In April of 2000, company audits expressed doubt about the company's solvency. Shares hit a new 52 week low of 2.12 each, down from the 52 week high of $22.37. In his book the Perpetual Prisoner Machine [see resources], Joel Dyer notes that outside one CCA facility, there is a placard with the words "Yesterday's closing stock price". Imagine the legitimacy and confidence that are lost by people driving by seeing the stock price plummet, or even seeing "Yesterday's Closing Stock Price: $2.12".



Together, CCA and its spin off Prison Realty Trust, lost $265 million: "It's a slim chance, but bankruptcy is a possibility," says an analyst for First Union Securities. Localities that have contracts with the companies are concerned about whether guards will get paid, and how morale or turnover will effect daily operations, including prison security. The private prison was offered a $200,000,000 restricting plan from its current shareholder Pacific Life Insurance Co. The Private prison's largest shareholder, Dreman Value Management, was pleased at the offer: "We always maintained that the (prison) business was great, but this has been a financial engineering disaster."



Shareholder lawsuits still must be settled on satisfactory terms for the deal to be finalized, but the other requirement was met when Lehman Brothers refinanced PZN's $ 1 billion credit line. At the close of business 26 April, the price closed below $3 a share again after briefly hitting $3.50 the previous week. Prices through the first half of may have generally been below $3 a share. On June 7, the stock hit a new low of $2.00 and talks started on financial restructuring to remedy default on credit line. During the next week, stock rose $1 a share on news that their $1 billion credit line is restructured and they receive a $780,000,000 federal contract.



Instrumental in pulling off this contract was former Federal Bureau of Prisons head J. Michael Quinlan, who is now on the Board of PZN. The Federal Contract, with guaranteed 95% occupancy rate, provided financial resources to reject a restructuring offer from Pacific Life Insurance, but a Legg-Mason stock analyst declared PZN an UNDERPERFORM. Quinlan is now one of the top executives in the company.



Because the stock has lost 75% of its value, two of the executives are leaving, but not without a $1.3 million severance. Of course, there's also been millions in attorney fees, class action lawsuits from shareholders about the merger and management fees for restructuring. Share prices bottomed out at $0.18 -yes, 18 cents; that really inspires confidence in the justice system. They instituted a 10 for 1 split, which does not change the underlying financials of the company, but prevented them from being removed from the New York Stock Exchange.



On February 23, 2000 Pacific Life Insurance Company submitted to the board of directors of Prison Realty Trust a shareholder based proposal to invest in and restructure Prison Realty Trust (NYSE:PZN). The shareholder proposal would involve additional value, less dilution and potentially higher returns for existing shareholders of Prison Realty Trust, than the agreement Prison Realty Trust currently has with Fortress Investment Group LLC, the Blackstone Group and Bank of America. Fortress Investment Group is a global alternative investment and asset management firm founded in 1998 with approximately $11 billion in equity capitol. They are located at 1251 Avenue of the Americas 16th floor New York, NY 10020 1-212-798-6100. Fortress just recently completed the acquisition of Germany's fourth largest residential housing company, GAGFAH, from the German Federal Government's social security and pension agency, Bundesversicherungsanstalt Fuer Angestellte (or BfA). The transaction, whi



Fortress on November 15, 2004 merged with Stelmar Shipping Ltd. Stelmar is an international provider of petroleum products and crude oil transportation services and is Headquartered in Athens, Greece. Stelmar operates one of the world's largest and most modern Handymax and Panamax tanker fleets with an average age of approximately six years. Stelmar's 40 vessel fleet consists of 24 Handymax, 13 Panamax and three Aframax tankers.



The Blackstone group is a private investment banking firm and describes itself as a leading global investment and advisory firm. The Blackstone Group was founded in 1985 by a group of four, including Peter G. Peterson and Stephen A. Schwarzman.



The Blackstone Group has ties to American International Group Inc. (AIG) and Kissinger Associates, Inc./Henry Kissinger. According to the Blackstone website, AIG acquired a 7 % non-voting interest in the company in 1998 for $150 million" and committed to invest $1.2 billion in future Blackstone sponsored funds."



Blackstone has developed strategic alliances with some of the largest and most sophisticated international financial institutions. In addition to AIG, they include Kissinger Associates, Roland Berger Partner, GmbH, and Scandinaviska Enskilda Banken," the website states [1] (http://www.blackstone.com/company/bst_group.html).



The company's Blackstone Alternative Asset Management unit handles $1 billion in hedge funds for pension giant CalPERS.



John Kerry Forbes 2004 campaign 'advisor' Roger C. Altman was Vice Chairman of the Blackstone Group from 1987 through 1992 "where he led the firm's merger advisory business."



In December 2001, the Blackstone Group was appointed as Enron's principal financial advisor with regard to financial restructuring.



The Blackstone Group is also handling the restructuring of Global Crossing. The Blackstone Group is located at 345 Park Avenue New York, NY 10154 USA Phone; +1 212 583 5000 Fax: +1 212 583 5712. London location is the Blackstone Group International Limited, Stirling Square, 5-7 Carlton Gardens, 4th Floor London, SW1Y 5AD U.K. Phone: +44 20 7451 4000 Fax: +44 20 7451 4038.



In October 2004, Kissinger Associates and APCO Worldwide announced that they had formed "a strategic alliance". APCO Worldwide is located at 1615 L St. N.W., # 900, Washington, D.C. phone # 1-202-778-1000. APCO worldwide was started by Margery Kraus in 1984 and she is active on the board of Group Menatep (chair, Advisory Board), the largest Russian holding company; Teuza Fund, a Fairchild technology venture (Israel). Group MENATEP is an international diversified holding company and long-term Russian strategic and portfolio investor in international financial and capital markets.



Kissinger Associates is located at 350 Park Avenue, New York. Other groups associated with Kissinger are Kissinger McLarty Associates, Military-industrial complex and oil industry. Henry Kissinger's real name is Henry Stern, who started and trained the terrorist group the Stern Gang in Israel, which is now called the Mossad. He trains global terrorist groups for the FBI, CIA, and the military, which are the groups running OUR government at every facet of its existence.



Pacific Life, a long term investor, beneficially owns approximately 4.5 million shares of Prison Realty Trust. The shareholder proposal by Pacific Life provides for additional value in the form of Series C Preferred Stock (approximately $2.20 per share) to be distributed to existing shareholders, and potentially higher future returns, along with generating between $45 to $123 million in additional cash flow to Prison Realty Trust. Pacific Life was founded in 1868 and provides life and health insurance products, individual annuities and group employee benefits, and offers to individuals, businesses and pension plans a variety of investment products and services. The pacific life family of companies manages $300 billion in assets, making it one of the largest financial institutions in America, and currently counts 65 of the 100 largest U.S. companies as clients. Pacific Life Insurance Company is a member of the fortune 500 group.



The Prison Realty Trust [PZN], which is a real estate investment trust [REIT] and is the world's largest private sector owner and developer. A REIT is a company that buys, develops, manages and sells real estate assets, REIT's allows participants to invest in a professionally managed portfolio of real estate properties, REIT's qualify as pass through entities, companies who are able distribute the majority of income cash flows to investors without taxation at the corporate level (providing that certain conditions are met). As pass through entities, whose main function is to pass profits on to investors, a REIT's business activities are generally restricted to generation of property rental income. Another major advantage of REIT investment is its liquidity (ease of liquidation of assets into cash), as compared to traditional private real estate ownership which are not very easy to liquidate. One reason for the liquid nature of REIT investments is that its shares are primarily trad



The origins of the real estate investment trust, or REIT (pronounced "reet") date back to the 1880s. At that time, investors could avoid double taxation because trusts were not taxed at the corporate level if income was distributed to beneficiaries. This tax advantage, however, was reversed in the 1930s, and all passive investments were taxed first at the corporate level and later taxed as a part of individual incomes. Unlike stock and bond investment companies, REIT's were unable to secure legislation to overturn the 1930 decision until 30 years later. Following WWII, the demand for real estate funds skyrocketed and President Eisenhower signed the 1960 real estate investment trust tax provision which reestablished the special tax considerations qualifying REIT's as pass through entities (thus eliminating the double taxation). This law has remained relatively intact with minor improvements since its inception.



REIT investment increased throughout the 1980s with the elimination of certain real estate tax shelters. Investments in real estate provided investors with income and appreciation. The Tax Reform Act of 1986 allowed REIT's to manage their properties directly, and in 1993 REIT investment barriers to pension funds were eliminated. This trend of reforms continued to increase the interest in and value of REIT investment.



Today, there are over 300 publicly traded REIT's operating in the United States their assets total over $300 billion. Approximately two-thirds of these trade on the national stock exchanges.



REIT's fall into three broad categories:



Equity REIT's: (96.1%)

Equity REITS invest and own properties (thus responsible for the equity or value of their real estate assets). Their revenues come principally from their property rents.



Mortgage REITs: (1.6%)

Mortgage REITs deal in investment and ownership of property mortgages. These REITs loan money for mortgages to owners of real estate, or invest in (purchase) existing mortgages or mortgage backed securities. Their revenues are generated primarily by the interest that they earn on the mortgage loans.



Hybrid REITs: (2.3%)

Hybrid REITs combine the investment strategies of Equity REITs and Mortgage REITs by investing in both properties and mortgages.



Individual REITs are able to distinguish themselves by specialization. REITs may focus their investments geographically (by region, state, or metropolitan area), or in property types (such as retail properties, industrial facilities, office buildings, apartments or healthcare facilities). Certain REITs choose a broader focus, investing in a variety of types of property and mortgage assets across a wider spectrum of locations.



The current REIT industry's investment choices can be broken down by property:



Retail 20%

Residential 21.0%

Industrial/Office 33.1%

Specialty 2.3 %

Health Care 3.8%

Self Storage 3.6%

Diversified 8.5%

Mortgage Backed 1.5%

Lodging/Resort 6.1%



Federal Prison Industries, also known by its trade name UNICOR, founded in 1934, is operated by the Department of Justice (DOJ) and is a wholly owned government corporation which employs 25 percent of the Federal Bureau of Prisons' sentenced inmate population. Unicor is a supplier to the military during the current war in Iraq.



The government has also created the Prison Industrial Complex, which is composed of the following Agencies:



Biometric Consortium

Border Research and Technology Center (BRTC)

Bureau of Alcohol, Tobacco, and Firearms (BATF)

Corrections Program Office (CPO)

Counter drug Technology Assessment Center (CTAC)

Drug Enforcement Administration (DEA)

Federal Bureau of Prisons (FBP)

Federal Prison Industries (operated by DOJ); also known as UNICOR

Immigration and Naturalization Service

National Institute of Corrections (NIC)

National Institute of Justice (NIJ)

National Law Enforcement and Corrections Technology Center (NLECTC)

National Technical Information Service (NTIS)

Office of Correctional Education (OVAE)

Office of Drug Control Policy (ODCP)

Office of Law Enforcement Standards (OLES)

Office of Law Enforcement Technology Commercialization (OLETC)

Office of National Drug Control Policy (ONDCP)

Office of Science and Technology (OST)

Space and Naval Warfare Systems Center, San Diego (Navy SSC San Diego)

Southwest Border High Intensity Drug Trafficking Area (HIDTA)

UNICOR

U.S. Customs Service

U.S. Department of Defense (DOD)/Biometric Management Office (BMO)

U.S. Department of Homeland Security/Border and Transportation Security Directorate (BTS)

U.S. Department of Justice (DOJ)

U.S. Parole Commission



Non-Governmental Entities



Alternative Monitoring Services

American Correctional Association

American Legislative Exchange Council (ALEC)

"Bed brokers"

BI Inc. (Biometric Systems)

The [Biometric Foundation]

Bobby Ross Group

Capital Correction Resources

Cornell Corrections

correctionalnews.com

corrections.com

Corrections Corporation of America (CCA)

Corrections Yellow Pages

Dominion Management

Dove Development Corporation

Earl Warren Legal Institute

Federal Extradition Agency (private)

General Security Service

Government owned/contractor operated

Iridian Technologies, Inc. (formerly IriScan, Inc.)

Juvenile and Jail Facility Management Services

Justice Policy Institute (JPI)

Justice Technology Information Network (JTIN)

Law Enforcement and Corrections Technology Advisory Council (LECTAC)

Mace Security Inc.

Management and Training Corporation

Manhattan Institute

Marriott Management Services

Misuse of labor

N-Group Securities

National Criminal Justice Commission

National Institute of Corrections (NIC)

Open Society Institute/Center on Crime, Communities and Culture

Premier Detention Services

Printrak (Motorola)

Prison Industries

The Prison Litigation Reform Act (1996)

Prison Realty Trust (merged with Corrections Corporation of America)

Prison telephone service (ATT the Authority; BellSouth MAX, MCI Maximum Security, North American In telecom)

RS Prisoner Transport

"Rent-a-call (see "bed brokers")

Scientific Applications and Research Associates (SARA)

The Sentencing Project

SENTRI/Secured Electronic Network for Travelers' Rapid Inspection

Serco Group, Inc.

Stun Tech Inc.

TRansCor America

Urban Development Corporation

U.S. Corrections Corporation purchased by Corrections Corporation of America

Wackenhut Corporation/Wackenhut Corrections



Other Related Disinfopedia Resources



Biometrics

Defense contractors

Eugenics

Federal contractors

Global detention system

Global economy

Globalization

Military-industrial complex

Surveillance-industrial complex

Population control

Prison labor

Sustainable development

Timeline to global governance



External links



Wikipedia: carceral state

Wikipedia: retribution justice

Wikipedia: prison-industrial complex



Disinfopedia is an encyclopedia of people, issues and groups shaping the public agenda. It is a project of the Center for Media Democracy; email bob AT Disinfopedia.



American Legislative Exchange Council is owned by Paul Weyrich of the Free Congress Foundation and receives financial support from all of your major corporations. They are the moving force and promoter of the National Council of State Legislatures who privatize criminal statutes for financial gain and profit. They are promoting public policy in regard to prize and capture law under the War Powers Acts. The Reason Foundation is run by David Nott, the president and is a think tank promoting privatization of penal institutions for financial gain they are located at 3415 S. Sepulveda Blvd. Suite 400 Los Angeles California 90034 1-310-391-2245. The Wackenhut Corporation is a U.S. based division of Group 4 Falck A/S, the world's second largest provider of Security Services and is based in Copenhagen, Denmark and is the premier U.S. provider of contract services to the business, commercial, and government markets. The types and techniques of Privatization are:



1.Contracting Out [also called Outsourcing]

2.Management Contracts

3.Public-Private Competition [also called managed competition or market testing]

4.Franchise

5.Internal Markets

6.Vouchers

7.Commercialization [also referred to as service shedding]

8.Self Help [also referred to as transfer to non-profit organization]

9.Volunteers

10.Corporatization

11.Asset Sale or Long-Term Lease

12.Private Infrastructure Development and Operation



Cornell Corrections Inc. [NYSE:CRN] is chaired by DAVID M. CORNELL and their Company's concept began December 7, 1990, it was a rough business plan, yet the Dillon Read Venture Capitol became there first investor on February 21, 1991. [They are also called Trinity Venture Capital and Shane Reihill is the Chairman and founder.] They built correctional facilities in Plymouth, Massachusetts, the other in Central Falls, Rhode Island. They have grown 33-fold in revenues and offenders under contract since that time. They have diversified and are now dependent upon development and have diversified into the three sectors of the business- secure institutional, they go up to maximum security; juvenile; and pre-release. They are the only company really in the business of aggressively growing in each of these three sectors. There institutional revenues are around 42 percent, juvenile revenues approximate 40 percent and prerelease revenues are around 18 percent. These factors represent t



Privatization is the transfer of assets or service delivery from the government sector. Prisons are nothing but warehouses for the storage of goods and chattel under commercial law. The Warden is a Bailee or Warehouseman [before the term admiral was used He was called Custos Maris "Warden of the Sea"] [In some ancient records He was called Capitanus Maritimarum or "Captain or Tenant in Chief of the Maritime"] who receives personal property from another as Bailment. The Bailer is one who provides bail as a surety for a criminal defendant's release. Also spelled Bailor. Bailment is the delivery of personal property by one person [the Bailor] to another [the Bailee] who holds the property for a certain purpose under an expressed or implied-in-fact contract. Goods are tangible or movable property other than money; especially articles of trade or items of merchandize. The sale of goods is governed by Article 2 of the U.C.C. "Goods means all things, including specially manufactured



Everything is being run under the Law Merchant under U.C.C. 1-103. Section 1775.04 of Title 17 Corporations: Partnerships of the Ohio Revised Code says "Rules of Law and Equity, including the Law Merchant, to govern." UCC 1-103 is quoted in the Administrative Manual of the Internal Revenue Service, put out by CCH and says that the law of the Merchant governs all sections in the Internal Revenue Code. Based on the above information it looks like GSA and GAO are heavily involved in the accounting aspect of the Prison System, which explains why they are supplying all the Bond forms respecting the Bid, Performance, and Payment. When your dishonor is sold within the United States it has a six digit accounting # and is called a Cardinal number, when it is sold at the International Level it goes Ordinance or Military and uses a nine digit accounting number. This is where AutoTRIS and CUSIP come in. AutoTRIS is the Automated Forensic Traces Investigation System and was designed in the R
ities [Mortgage Backed Securities is ownership position in a group, or pool, of mortgage loans. It is Bonds in which interest and principal received from this pool of mortgage loans are passed through to the Bondholders]. TBA and CUSIPs incorporate within the number itself, a security's mortgage type [Ginnie Mae, Fannie Mae, Sally Mae, and Freddie Mac], coupon, maturity, and settlement month. For financial instruments actively traded on an International basis, which are either underwritten debt issues or domiciled equities outside the United States and Canada, the financial instruments will be identified by a CINS [CUSIP International Numbering System] number. The CINS number was developed in 1988 by Standard Poor's and Telekurs [USA] in response to the North American Securities industries need for 9 character identifier for International Financial Instruments. CINS numbers appear in the International Securities Identification Directory [ISID Plus Services] which is co-produce



To show how massive this system is ISID plus contains over 500,000 global financial instruments and cross references all major national numbering systems... ISID Plus has been designed to minimize the impact on back-office systems and operations, while facilitating cross-border communications among global custodians, depositories, banks, securities organizations, and exchanges. CINS numbers employ the same issuer [6 characters] Issue [2 characters check digit] concept espoused by the CUSIP Numbering System. The first position of a CINS code is always represented by an alpha character, signifying the Issuer's country code [domicile] or Geographic region. The National Association of Insurance Commissioners [NAIC] in October 1988 mandated the use by issuers of a uniform private placement number [PPN] to identify investments in their annual statements filed with the State Regulatory Authorities. Standard Poor's CUSIP Service was selected by the NAIC to create, assign, and administ



I have the Articles of Incorporation of THE ASSOCIATION of NATIONAL NUMBERING AGENCIES or [ANNA SC]. The registered office is located and established at 6, avenue de Schiphol-1140 Brussels - Belgium. The object of ANNA is to maintain and promote the standards of International Standard ISO 6166, as amended from time to time [hereafter "the Standard"]. I bet that this standard # 6166 is the number of a man and His number is 666 and is talked about in Revelations 13; 18 and whose purpose under Article 3 is to carry out any commercial, financial, or civil transactions directly or indirectly related to the objects of ANNA. Under Article 5 ANNA has unlimited Capital through BIS [Bank for International Settlements], CCA, ALEC, WACKENHUT, CORNELL CORRECTIONS, REASON FOUNDATION, DILLION READ VENTURE CAPITOL, SG WARBURG, UBS WARBURG, WARBURG DILLON READ and the PAINE WEBBER GROUP. Under Article 29 ANNA has a list of all public finds, shares, stocks, bonds, and other securities composin

The Bank for International Settlements is at the apex of all of the world's central banks, since they control and dictate monetary policy worldwide. In the late 1990's they set up a new structure called the Financial Stability Forum. Which brought together the G 7 Central Bank ministers, G 7 Finance Ministers, their respective Securities and Exchange Commissions, the Comptroller of the Currency and FDIC, along with the IMF and World Bank. This represents a further integration of the economies, policies and movement of monies and investments. Furthermore, in addition to the Central Banks, there is the Group of Eight which is comprised of the heads of state from the United States, Canada, Germany, Japan, Italy, France, Great Britain, and Russia. They have been meeting since 1975 when there were only five countries. Russia is the most recent country to join. They participate fully in every area with the exception of finance where they only participate in financial terrorism. For



Also contributing to the new financial architecture is the rise of multi-national and transnational corporations, mergers and acquisitions, country privatization of its assets such as railroads, agriculture, banks, airlines, telephone companies, etc. Furthermore, the rise of public-private partnerships which is a merger between government and business, also known as fascism, has contributed to a changed financial landscape. In addition, there is the move towards a global stock exchange, the establishment of a World's Customs Organization and "open skies" between countries.



Why is privatizing prisons so appealing to federal, state, and local governments? As the Nation put it: "The selling point was simple: Private companies could build and run prisons cheaper that the governments. Unfettered American Capitalism would produce a better fetter, saving cash-strapped states millions of dollars each year" while simultaneously generating huge profits. The Nation explains how this miracle would be accomplished. "Private prisons receive a guaranteed [per diem] fee for each prisoner, regardless of the actual costs. Each dime they don't spend on food or medical care [for prisoners] or on wages and training for the guards is a dime they can pocket." Most guards in public prisons belong to the LEOU, which is part of the American Federation of State, County, and Municipal Employees AFSCME. I have a pointed question for you, why aren't we as principals on the Private side of the accounting cycle using our Exemption Priority to discharge all this Public Debt



By legal definition, all of your Federal and State "Statutes" are Bonds or Obligations of Record and are represented in the courtroom by the Recognizance Bond, which is a Bond of Record or Obligation for the payment of debt.



A condensed version of what is going on is that the CCA as a corporation, creates or issues stock certificates based on prison population, goods or chattel as they are called in commercial law. The underwriter is the one who buys the stock from the Issuer the CCA with intent to resell it to the public or an entity or person, which is usually an investment banker. The investment banker purchases all or part of the shares of the stock for resale to the public in the form of newly issued investment securities based on the shares of the stock. Brokerage Houses and Insurance Companies Bid on the Investment Securities with a Bid Bond issued by the GSA. The Bid Bond is then indemnified by a surety company through Performance and Payment Bonds. The Bid, Performance, and Payment Bonds are then underwritten by the Banks as Investment Securities for resale to the public. The Institutional Holders who own most of the Shares are:



1. FMR [Fidelity Management Research Corporation 3, 084,024

shares at a value of $109,791,254 dollars.



2... Legg Mason Inc. 1,235,563 shares valued at $43,986,042 dollars.



3. Barclays Bank Pic 1, 041,671 shares valued at $37,083,487.



There are seventeen more corporations owning various amounts of shares at varying dollar values. These can be viewed by going to http://finance.yahoo.com/q/mh?s=CXW.



The Top Insider Rule 144 Holders are:



1. Russell, Joseph V. 64,450 shares as of 2-May-03



2. Ferguson, John D. 40,340 shares as of 2-May-03



3. Quinlan, J. Michael 28,575 shares as of 10-Sep-02



4. Turner, Jimmy 13,817 shares as of 23-May-03



5. Horne, John R. 5,751 shares as of 29-Jun-04



As you can see by the above information, this system permeates every fabric of our society. This treatise represents about 40 hours of brainstorming. Currently global terrorism is being funded by the prison system and the State's Retirement Fund go to www.DivestTerror.Org this is a 115 page treatise on the Terrorism Investments of the 50 States.



Go to a search engine and type in U.S Courts. Go to court links and click, which shows a map of the circuit courts, click on 7th circuit, a list of the 7th and 8th circuit courts will appear, click on Illinois Northern District Court, then click on Clerk's Office, then go to administrative services, then to Financial Department, you will see Criminal Justice Act, Post Judgment Interest Rates, and list of sureties, click on sureties it will take you to FMS.TREAS.GOV, there on left side you will see sureties listing, admitted reinsurers and forms, click on forms and you will see Reinsurance Agreement for a Miller Act Performance Bond SF 273, and a SF274 Payment Bond and a Reinsurance Agreement in Favor of the United States SF 275 and a list of Admitted Reinsurers, Pools and Associations, and Lloyds' Syndicates, you will also see a list of the Department of the Treasury's Listing of Approved Sureties [Department Circular 570].



U.S. District Courts are buying up the State Court default judgments, when you refuse to pay or dishonor the debt. Contractors and Insurance Companies are bidding on the default judgments with a Bid Bond, then a Reinsurance Company comes in and purchases a Performance Bond as a surety for the Bid Bond. The Performance Bond is then under written by a Payment Bond, this is usually done by an investment company or investment banker. When these Bonds are pooled they become mortgage backed securities or surety bonds. They are then put on the bond market through TBA [The Bond Association]. These bonds are also sold as investment securities through brokerage houses or insurance companies. Securicor is one of your biggest international securities companies and is located in South Africa and have acquired Gray Security Services. Securicor was formed from the merger between Securicor pic and Group 4 Falk, which was completed in July 2004. Securicor operates in 50 different countries.



Reinsurance is defined as insurance of all or part of one insurer's risk by a second insurer, who accepts the risk in exchange for a percentage of the original premium; this is all admiralty maritime at its finest. Also termed reassurance. The term 'reinsurance' has been used by courts, attorneys, and text writers with so little discrimination that such confusion has arisen as to what that term actually connotes. Thus it has so often been used in connection with transferred risks, assumed risks, consolidations and mergers, excess insurance, and in other connections that it now lacks a clear-cut field of operation. Reinsurance, to an insurance lawyer means one thing only - the ceding by one insurance company to another of all or a portion of its risks for a stipulated portion of the premium, in which the liability of the reinsurer is solely to the reinsured, which is the ceding company , and in which contract the ceding company retains all contact with the original insured, and ha



The laying off of risk by means of reinsurance traditionally serves three basic purposes. First, reinsurance can increase the capacity of the insurer to accept risk. The insurer may be enabled to take on larger individual risks, or a larger number of smaller risks, or a combination of both . Secondly, reinsurance can promote financial stability by ameliorating [improving] the adverse consequences of an unexpected accumulation of losses or of a single catastrophic losses, because these will, at least in part, be absorbed by reinsurers. Thirdly, reinsurance can strengthen the solvency of an insurer from the point of view of any regulations under which the insurer must operate which provide for a minimum 'solvency margin', generally expressed as a ratio of net premium income over capital and free reserves. P.T. O'Neill J.W. Woloniecki, the Law of Reinsurance in England and Bermuda 4 [1998].



All of the performance and payment bonds are regulated and controlled by FAR [Federal Acquisition Regulations] which is under [48 CFR] 28.202-1 and 53.228(h). These bonds are being used in cases where it is desired to cover the excess of a Direct Writing Company's underwriting limitation by reinsurance instead of co-insurers on Miller act performance bonds running to the United States. These FAR regulations come in two volumes, volume 1 is approximately 1,326 pages volume 2 is 823 pages long. These should be consulted and read before these bonds are used.



The Miller Act is found in Title 40 U.S.C.A. sections 270 a - 270d-1 and is federal law requiring the posting of performance and payment bonds before an award is made for a contract for construction, alteration, or repair of a public work or building. The surety company issuing these bonds must be listed as a qualified surety on the Treasury List, which the U.S. Department of the Treasury issues each year.



I believe that the prisons are repository institutions or facilities for securities [prisoners] as collateral for the public and national debt. The prisoners represent asset or repository money for the Bid, Performance and Payment Bonds. The prisons are referred to as credit facilities, institutions or repositories. They function essentially the same way that a Depository Bank does under 17 CFR section 450. The Prisons are acting in the capacity of a fiduciary or custodian over Government Securities or otherwise for the account of a customer, and that are not government securities brokers or dealers, as defined in sections 3 (a)(44) of the Securities Exchange Act of 1934 (15U.S.C. 78 c (a) (43)-(44). The regulations in subchapter B are promulgated by the Assistant Secretary (Domestic Finance) pursuant to a delegation of Authority from the Secretary of The Treasury. The office responsible for the regulations is the Office of the Commissioner, Bureau of the Public Debt.



Sureties and Surety Bonds are covered in Title 31 sections 9301-9309. The Bid, Performance, and Payment Bonds fall in the category of surety bonds under these provisions. Under section 9303 Government Obligations may be substituted for Surety Bonds. Government Obligations are defined as public debt obligations of the United States Government and an obligation whose principal and interest is unconditionally guaranteed by the Government.



The bid, performance and payment bonds in addition to being sold on the commodities and securities exchange as pooled mortgaged backed securities and cleared for settlement through the FICC [Fixed Income Clearing Corporation], who is the holder until the Bonds are sold, are also being pledged as collateral for funds and a line of credit at the discount window or the open-market trading desk of Freddie Mac, Fannie Mae, Sally Mae, Ginnie Mae, or your local Federal Reserve Bank. All discount Window advances must be secured by collateral acceptable to the Reserve Bank. The following types of assets are most commonly pledged to secure discount window advances.



1 Obligations of the United States Treasury



2 Obligations of U.S. government agencies and government sponsored enterprises



3 Obligations of states or political subdivisions of the U.S.



4 Collaterized Mortgage Obligations



5 Asset backed securities



6 Corporate bonds



7 Money market instruments



8 Residential real estate loans



9 Commercial, industrial, or agricultural loans



10 Commercial real estate loans



11 Consumer loans



Check with your local Reserve Bank if you have any questions about other types of collateral



++++++++++++++++++++++++++++++++++++++++++++++++++ ++++++++++The Federal Reserve System Discount Window Collateral Margins Table includes valuation margins for the most commonly pledged asset types. Assets accepted as collateral are assigned a lend able value [market or face value multiplied by the margin] deemed appropriate by the Federal Reserve Bank. [see the attached schedules]



The Treasury Department issues certificates of authority to insurance companies who submit a financial statement to the Department of the Treasury. The reinsurance company's limitation on liability is determined and predicated on 10% of the Policy Holders surplus retained by earnings from capitol surplus. The published underwriting limitation is on a per bond basis but does not limit the amount of a bond that a company may write. Companies are allowed to write bonds with a penal sum over their underwriting limitation as long as they protect the excess amount with reinsurance, coinsurance or other methods as specified in Treasury Circular 297, Revised September 1, 1978 [31 CFR 223.10-11.]. Treasury refers to a bond of this type as an Excess Risk. When Excess Risks on bonds in favor of the United States are protected by reinsurance, such reinsurance is to be effected by use of a Federal reinsurance form to be filed with the bond or within 45 days thereafter. In protecting such e

Charles Townshend who passed The Townshend Act in 1767 and who was the Lord High Admiral on the British Board of Trade caused the American Revolution due to the high Tariffs, Duties, Imposts and Excises imposed on the Colonists on imports from London, England.



By talking with a broker named Jim McFadden for AG Edwards I found out that the Bond Register and paying agent for the County of Cuyahoga is Frank Lamb a Trustee for Huntington National Bank at 917 Euclid Avenue Cleveland, Ohio 44115 telephone # 1-216-515-6662. I also found out that Lisa Jennings of J.P. Morgan Bank in Cleveland, Ohio is the transfer agent for bonds her telephone # 1-216-274-1606 and Holly Pattison of National City Bank is also a transfer agent. Her Telephone # 1-216-222-2552. I spent 30 minutes on the phone with Robert Duke, who is the director of underwriting for the Surety Association of America under circular 570 for the Department of the Treasury whose telephone # is 1-202-463-0600. His address is 1101 Connecticut Avenue, N.W. Suite 800, Washington, D.C. 20036.



I went through circular 570 of the Department of Treasury and called several of the admitted reinsurance companies through their underwriting department and found out they knew absolutely nothing about reinsurance relative to bid, performance and payment bonds. This fact leads me to believe that in addition to being a Repository Bank with prisoners being the assets, collateral, or securities for the bid, performance and payment bonds, the prisoners are the actual reinsurance or surety and their sentence represents the valued and marketable risk involved with the materials, supplies and cost factors involved with the guaranteed performance, and payment relative to the bonds. This is termed assumed risk in insurance and represents a present peril, hazard, or danger of loss, due to their dishonor and default judgment in court. That is why there is a penal sum or clause attached to each bond for non performance and payment of the bonds.



Since everybody on the public or debt side is bankrupt or insolvent how can they assume a liability or risk? They can't that is why they have to look to the exempt priority private asset side of the accounting ledger to assume reinsurance or risk. You can't pay a debt or assume a risk with a debt instrument. This can only be done with Asset Collateral through goods [prisoners] under mercantile civil and commercial law.



When a corporation wants to build or perform construction, he receives bids from a contractor, if the contractor is awarded the bid, the corporation who is the owner and obligee, then requires that the contractor submit a bid bond, the contractor then becomes the principal obligor. He is then required to get a reinsurance company to act as surety on the bid bond, and then a performance bond is issued to guarantee cost of material and supplies. The reinsurance company who is acting as surety for the bid bond also acts as the underwriter through a payment bond. The bid bond is a three party obligation with the obligee as the owner of the bid, performance and payment bonds.



The Surety Association of America is a voluntary, nonprofit, unincorporated association of companies engaged in the business of suretyship. SAA represents more than 500 companies that collectively underwrite the vast majority surety and fidelity bonds in the United States, as well as a number of foreign affiliates. SAA is licensed as a rating or advisory organization and has been designated as a statistical agent by all the states except Texas for the reporting of fidelity and surety experience. The National Association of Surety Bond Producers is the international organization of professional surety bond producers and brokers. NASBP represents more than 5,000 personnel who specialize in surety bonding; provide performance and payment bonds for the construction industry; and issue other types of surety bonds, such as license and permit bonds, for guaranteeing performance. NASBP's mission is to strengthen professionalism, expertise, and innovation in surety and to advocate its use



SURETY INFORMATION OFFICE

National Association of Surety Bond producers

5225 Wisconsin Avenue NW, Suite 600,

Washington, D.C. 20015 (202) 686-7463 Fax (202) 686-3656

www.sio.org sio@sio.org



I also believe that the Bid Bonds are being used to purchase commercial items [commercial paper] such as court judgments this is done through GSA SF form 1449 contract form and is a rated order under DPAS [Defense Priorities and Allocations System] see 15CFR 700 this is under the National Security Industrial Base Regulations. This is all under the Executive Branch under the President and Military.











WORD DEFINITIONS RELATIVE TO BONDS



1.HOLDER = The owner of a security. SEE BONDHOLDER.



2.TRANSFER AGENT = The person or entity that performs the transfer function for an issue of registered municipal securities. This person or entity may be the issuer, an official of the issuer or a third party engaged by the issuer to act as its agent. The trustee under a trust indenture often also acts as transfer agent. Compare: REGISTRAR. See: REGISTERED BOND; TRANSFER; TRUSTEE.



3.REGISTRAR = The person or entity responsible for maintaining records on behalf of the issuer that identify the owners of a registered bond issue. The trustee under a trust indenture often also acts as registrar. Compare: TRANSFER AGENT. See: BOND REGISTER; TRUSTEE.



4.BOND REGISTER = A record, kept by a transfer agent or registrar on behalf of the issuer, that lists the names and addresses of the holders of the registered bonds. See: BONDHOLDER; REGISTERED BOND; REGISTRAR; TRANSFER AGENT.



5.ISSUER = A state, political subdivision, municipality, or governmental agency or authority that raises funds through the sale of municipal securities.



6.UNDERWRITER = A Broker - dealer that purchases a new issue of municipal securities from the issuer for resale in a primary offering. The underwriter may acquire the securities either by negotiation with the issuer or by award on the basis of competitive bidding. Compare: PLACEMENT AGENT. See: COMPETITIVE SALE; NEGOTIATED SALE; PRIMARY DISTRIBUTOR; PRIMARY OFFERING; SUNDICATE.



7.SETTLEMENT = Delivery of and payment for a security. Compare: CLEARANCE. See: DELIVERY DATE; GOOD DELIVERY.



8.CLEARANCE = The process of delivering securities from a seller to a buyer, either directly or through their agents. Compare: SETTLEMENT.



9. BOND PROCEEDS = The money paid to the issuer by the purchaser or underwriter of a new issue of municipal securities. These moneys are used to finance the project or other purpose for which the securities were issued and to pay certain costs of issuance as may provided in the bond contract or bond purchase agreement. See: NET PROCEEDS.



10.BOND PURCHASE AGREEMENT [BPA] - The contract between the underwriter and the issuer setting forth the final terms, prices and conditions upon which the underwriter purchases a new issue of municipal securities in a negotiated sale. A conduit borrower also is frequently a party to the bond purchase agreement in a conduit financing. The bond purchase agreement is sometimes referred to as the "purchase agreement" or, less commonly, the "underwriting agreement." See: NEGOTIATED SALE; UNDERWRITING AGREEMENT; WRITTEN AWARD.



11.CONDUIT BORROWER = A borrower of bond proceeds in a conduit financing. See: CONDUIT FINANCING; OBLIGOR.



12.CONDUIT FINANCING = The issuance of municipal securities by a governmental unit (referred to as the "conduit issuer" to finance a project to be used primarily by a third party, usually a for-profit entity engaged in private enterprise or a 501 (c) (3) organization (referred to as the "conduit borrower"). The security for this type of issue is customarily the credit of the conduit borrower or pledged revenues from the project financed, rather than the credit of the conduit issuer. Such securities do not constitute general obligations of the conduit issuer because the conduit borrower is liable for generating the pledged revenues. Industrial development bonds, multifamily housing revenue bonds and qualified 501 (c) (3) bonds are common type's of conduit financings. See: HOUSING REVENUE BOND- Multi-family housing revenue bonds; INDUSTRIAL DEVELOPMENT; PRIVATE ACTIVITY BOND.



13.AWARD = The official acceptance by the issuer of a bid or offer to purchase a new issue of municipal securities by an underwriter. The date of the award is generally considered the "sale date" of an issue. See: BID; BOND PURCHASE AGREEMENT; WRITTEN AWARD. Compare: VERBAL AWARD.



14.BENEFICIAL OWNER = The person to whom the benefits of ownership of given securities accrue, even though the securities might be held by, or in the name of, another person or held in an account over which another person has investment discretion. For example, a securities firm might hold securities in "street name" in its vaults or at a securities depository, with the beneficial owners of the securities only designated on the firm's records. Compare: BONDHOLDER.



15.DEPOSITORY = A registered clearing agency that provides immobilization, safekeeping and book-entry clearance and settlement services to its participants. Compare: CLEARING CORPORATION. See: REGISTERED CLEARING AGENCY.



16.BOOK-ENTRY ONLY (BEO) or BOOK-ENTRY SECURITY = A security that is not available to top purchasers in physical form. Such a security may be held either as a computer entry on the records of a central holder (as is the case with certain U.S. Government securities) or in the form of a single, global certificate. Ownership interests of, and transfers of ownership by, investors are reflected solely by appropriate books and record entries. Most municipal securities issued in recent years have been in book-entry only form. Compare: CERTIFICATED SECURITY; IMMOBLIZED SECURITY. See: GLOBAL CERTIFICATE.



17.GLOBAL CERTIFICATE = A single certificate sometimes referred to as a "jumbo certificate", representing an entire maturity of an issue of securities. Such certificates are often used in book-entry systems. The issuer issues a global certificate that is then lodged in the facilities of a depository or other book-entry agent and kept safely by the agent until maturity. The securities are available to beneficial owners only in book-entry form, and no certificates can be obtained. Compare: IMMOBLIZED SECURITY. See: BOOK-ENTRY ONLY.



18.IMMOBILIZED SECURITY = A physical security that is held in a central depository for the account of its beneficial owner but that may be withdrawn from the depository in physical form. Immobilized securities may be transferred when sold by entries on the records of the depository or by withdrawal of actual certificates. Compare: BOOK-ENTRY ONLY; GLOBAL CERTIFICATE.



19.501 (c) (3) ORGANIZATION = An organization recognized by the Internal Revenue Service as a not-for-profit organization. A 501 (c) (3) organization can borrow funds to finance projects on a tax-exempt basis through a conduit issuer. Examples include not-for-profit colleges and universities, hospitals, museums and retirement communities. See: CONDUIT BORROWER; PRIVATE ACTIVITY - Qualified 501 (c) (3) bonds.



20.MUNICIPAL SECURITIES = A general term referring to securities issued by local governmental subdivisions such as cities, towns, villages, counties, or special districts, as well as securities issued by states political subdivisions or agencies of states. A prime feature of these securities is that interest or other investment earnings on them usually are excluded from gross income of the holder for federal income tax purposes. Issuers of municipal securities are exempt from most federal securities laws. Compare: TAXABLE MUNICIPAL SECURITY.



21.REGISTERED CLEARING AGENCY = An organization, registered with the Securities and Exchange Commission pursuant to section 17 A of the Securities Exchange Act of 1934, that provides specialized systems for the confirmation, comparison, clearance and settlement of securities transactions. See: NATIONAL SECURITIES CLEARING CORPORATION.



22.NATIONAL SECURITIES CLEARING CORPORATION (NSCC) = A clearing corporation. See: CLEARING CORPORATION; DEPOSITORY TRUST AND CLEARING CORPORATION.



23.CLEARING CORPORATION = A registered clearing agency that provides specialized comparison, clearance and settlement services for its members. A clearing corporation typically offers services such as automated comparison systems and transaction netting systems. Compare: DEPOSITORY. See: NATIONAL SECURITIES CLEARING CORPORATION; REGISTERED CLEARING AGENCY.



24.DEPOSITORY TRUST AND CLEARING CORPORATION (DTCC) = The entity formed by the merger of Depository Trust and National Securities Clearing Corporation. DTCC facilitates the clearance and settlement of securities transactions.



25.AUTHORITY = A unit or agency of government, or a separately established not-for-profit entity formed on behalf of a governmental entity, established to perform specialized functions. In some cases, authorities have the power to issue debt that is secured by the lease rental payments made by a governmental unit using the facilities constructed with bond proceeds. In other cases, authorities issue private activity bonds for the purpose of making the proceeds available to qualified private entities for use as permitted under the federal tax laws. Examples of such conduit authorities include health facilities authorities, Industrial development authorities and housing finance authorities. An authority may function independently of other governmental units, or it may depend upon other units for its creation, funding or administrative oversight. Authorities, other than conduit authorities, usually are financed by service charges, fees or tolls, although they also may have taxing po



26.CONDUIT ISSUER = An issuer of municipal securities in a conduit financing. See: AUTHORITY; CONDUIT FINANCING.



27.PRIVATE ACTIVITY BOND (PAB) = A municipal security the proceeds of which are used by one or more private entities. A municipal security is considered a private security bond if it meets either of two sets of conditions set out in section 141 of the Internal Revenue Code. A municipal security is a private activity bond if, with certain exceptions, more than 10% of the proceeds of the issue are used for any private business use (the "private business use text") and the payment of the principal of or interest on more than 10 % of the proceeds of such issue is secured by or payable from property used for a private business use (the "private security or payment test"). A municipal security also is a private activity bond if, with certain exception, the amount of proceeds of the issue used to make loans to non-governmental borrowers exceeds the lesser of 5 % of the proceeds or $ 5 million (the "private loan financing test"). Interest on private activity bonds is not excluded from gr



28.Exempt facility bonds - Private activity bonds issued to finance various types of facilities owned or used by private entities, including airports, docks, and certain other transportation-related facilities; water, sewer, and certain other local utility facilities; solid and hazardous waste disposal facilities; certain residential rental projects (including multifamily housing revenue bonds); and certain other types of facilities. Enterprise zone bonds are also considered exempt facility bonds. See: ENTERPRISE ZONE BOND; HOUSING REVENUE BOND- Multiple-family housing revenue bonds.



29.Qualified 501 (c) (3) bonds = Private activity bonds issued to finance a facility owned and utilized by a 501 (c) (3) organization. Qualified 501 (c) (3) bonds are not subject to the federal alternative minimum tax.



30.Qualified mortgage bonds = Private activity bonds issued to fund mortgages to finance owner-occupied residential property. Qualified mortgage bonds are often referred to as single family mortgage revenue bonds. See: HOUSING REVENUE BOND - Single family mortgage revenue bonds.



31.Qualified redevelopment bonds = Private activity bonds issued to finance certain acquisition, clearance, rehabilitation and relocation activities for redevelopment purposes by a governmental entity in designated blighted areas. Qualified redevelopment bonds are payable from general taxes or from tax increment revenues. See: TAX INCREMENT BOND.



32.Qualified small issue bonds = Private Activity bonds issued to finance manufacturing facilities. Qualified small issue bonds may be issued on a tax-exempt basis in an amount up to $1 million, taking into account certain prior issues, or an amount up to $10 million, taking into account certain capital expenditures incurred during the three years prior and the three years following the issuance of such bonds.



33.Qualified student loan bonds = Private activity bonds issued to finance student loans for attendance at higher education institutions.



34.Qualified veterans' mortgage bonds = Private activity bonds that are general obligations of a state issued to fund mortgage loans to finance owner-occupied residential property for veterans. The ability of states to issue new and refunding qualified veterans' mortgage bonds on a tax-exempt basis is limited.



INTERNATIONAL BILL OF EXCHANGE



In the Open Market Trading Desk in the Investing Trading Glossary, A bill of exchange is defined as a "General Term for a document demanding payment". This says it all if you have wisdom and understanding, sometimes the obvious escapes everybody.



The word Bill is an alteration of the Latin word Bulla in its mediaeval sense. In classical Latin bulla was "a bubble, a boss, a stud, an amulet for the neck"; whence in mediaeval Latin "a seal" especially the seal appended to a charter etc.; thence, transferred sense, "a document furnished with a seal", e.g. a charter, a papal bull, and, by extension, any official or formal document, "a bill, schedule, memorandum, note, paper". It was in these later senses that bulla became in England billa, bille. Being a word of common use, bulla was probably pronounced with u, passing into English y, i; though no direct evidence of this has been found. So the Oxford English Dictionary. This explanation is not convincing, nor would it be even if 'bill' and 'bull' had originally conveyed the same or similar meanings. At least up to the end of the fourteenth century the two words almost always carried meanings that were respectively inconsistent with each other. A 'bull' was a sealed docume



Under Title 18 sections 513 (A) the term security as defined in the Electronic Fund transfer Act under 916 (c) has been amended and moved to Title 15 section 78 (c) subsection 10, where it says that any currency, note, draft, bill of exchange, or banker's acceptance which has a maturity at the time of issuance of not exceeding nine months, exclusive of days of grace, or any renewal thereof the maturity of which is likewise limited is not included in this definition of a security.



Acceptance 4. Black's Law Dictionary 8th edition a negotiable instrument, especially a bill of exchange, that has been accepted for payment.



There are three elements of an acceptance 1. Honor 2. Value 3. Consideration. An acceptance for honor is an undertaking not by a party to the instrument, but by a third party, for the purpose of protecting the honor or credit of one of the parties, by which the third party agrees to pay the debt when it becomes due if the original Drawee does not. This type of acceptance inures to the benefit of all successors to the party for whose benefit it is made. Also termed acceptance supra protest; acceptance for honor supra protest. [Cases: Bills and Notes key 71. C.J.S. Bills and Notes; Letters of Credit section 37]. "'Acceptance for honor supra protest' is an exception to the rule that only the Drawee can accept a bill. A bill which has been dishonored by non-acceptance and is not overdue may, with the consent of the holder, be accepted in this way for the honor of either the drawer or an indorser (i.e., to prevent the bill being sent back upon the drawer or



3-303 Value and Consideration



(a) An Instrument is issued or transferred for value if:



(1) The instrument is issued or transferred for a promise of performance, to the extent the promise has been performed;



(2) The transferee acquires a security interest or other lien in the instrument other than a lien obtained by judicial proceeding.



(3) The instrument is issued or transferred as payment of, or as security for, an antecedent claim against any person, whether or not the claim is due;



(4) The instrument is issued or transferred in exchange for a negotiable instrument; or



(5) The instrument is issued or transferred in exchange for the incurring of an irrevocable obligation to a third party by the person taking the instrument.



(b) "Consideration" means any consideration sufficient to support a simple contract. The drawer or maker of an instrument has a defense if the instrument is issued without consideration. If an instrument is issued for a promise of performance, the issuer has a defense to the extent performance of the promise is due and the promise has not been performed. If an instrument is issued for value as stated in subsection (a), the instrument is also issued for consideration.



The definition of "negotiable instrument" defines the scope of Article 3 since Section 3-102 states: "This Article applies to negotiable instruments." The definition in Section 3-104 (a) incorporates other definitions in Article 3. An instrument is either a "promise," defined in Section 3-103(a) (12), or "order," defined in Section 3-103 (a) (8). A promise is a written undertaking to pay money signed by the person undertaking to pay. An order is a written instruction to pay money signed by the person giving the instruction. Thus the term "negotiable instrument" is limited to a signed writing that orders or promises payment of money. Money is defined in section 1-201(24) and is not limited to United States dollars. It also includes a medium of exchange established by a foreign government or monetary units of account established by an intergovernmental organization or by agreement between two or more nations. [UNICTRAL CONVENTION ON INTERNATIONAL BILLS OF EXCHANGE OR INTERNATIO



In Clearfield Trust Co. v. United States, 318 U.S. 363 (1943), the court held that if the United States is a party to an instrument, its rights and duties are governed by federal common law in the absence of a specific federal statute or regulation. In United States v. Kimbell Foods, Inc., 440 U.S. 715 (1979), the court stated a three prong test to ascertain whether the federal common law rule should follow the state rule. In most instances courts under the Kimbell test have shown a willingness to adopt the U.C.C. rules in formulating federal common law on the subject. In Kimbell the Court adopted the priorities rules of Article 9.



In 1989 the United Nations Commission on International Trade Law [UNICTRAL] completed a convention on International Bills of Exchange and International Promissory Notes. If the United States becomes a party to this convention, the convention will preempt state law with respect to international bills of exchange and notes governed by the Convention. Thus, an international bill of exchange or promissory note that meets the definition of instrument in section 3-104 will not be governed by Article 3 if it is governed by the Convention. That Convention applies only to bills and notes that indicate on their face that they involve cross-border transactions. It does not apply at all to checks. Convention Articles 1(3), 2(1), 2(2). Moreover, because it applies only if the bill or note specifically calls for application of the Convention, Convention Article 1 there is little chance that the Convention will apply accidentally to a transaction that the parties intended to be governed by th



3-104.Negotiable Instrument.



(a) Except as provided in subsections (c) and (d), "negotiable Instrument" means an unconditional promise or order to pay a Fixed amount of money, with or without interest or other Charges Described in the promise or order, if it:



(1) Is payable to bearer or to order at the time it is issued or first comes into possession of a holder;



(2) Is payable on demand or at a definite time; and



(3) Does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain

(i) An undertaking or power to give, maintain, or protect

collateral to secure payment,

(ii) an authorization or power to the holder to confess judgment or realize on or dispose of collateral or

(iii) a waiver of the benefit of any law intended for the advantage or protection of an obligor.



(b) "Instrument" means a negotiable instrument.



(c) An order that meets all of the requirements of subsection (a), except paragraph (1), and otherwise falls within the definition of a "check" in subsection (f) is a negotiable instrument and a check.



(d) A promise or order other than a check is not an instrument if, at the time it is issued or first comes into possession of a holder, it contains a conspicuous statement, however expressed, to the effect that the promise or order is not negotiable or is not and instrument governed by this Article.



(e) An instrument is a "note" if it is a promise and is a "draft" if it is an order. If an instrument falls within the definition of both "note" and "draft," a person entitled to enforce the instrument may treat it as either.



(f) "Check" means (i) a draft, other than a documentary draft, payable on demand and drawn on a bank or (ii) a cashier's check or teller's check. An instrument may be a check even though it is described on its face by another term, such as "money order."



(g) "Cashier's check" (i) means a draft with respect to which the drawer and drawee are the same bank or branches of the same bank.



(h) "Teller's check" means a draft drawn by a bank (i) on another bank, or through a bank.



(i) "Traveler's check" means an instrument that (i) is payable on demand, (ii) is drawn on or payable at or through a bank, (iii) is designated by the term "traveler's check" or by a substantially similar term, and (iv) requires as a condition to payment, a countersignature by a person whose specimen signature appears on the instrument.



(j) "Certificate of deposit" means an instrument containing an acknowledgment by a bank that a sum of money has been received by the bank and a promise by the bank to repay the sum of money. A certificate of deposit is a note of the bank.



Instruments are divided into two general categories: drafts and notes. A draft is an instrument that is an order. A note is an instrument that is a promise. Section 3-104(e). The term "bill of exchange" is not used in Article 3. It is generally understood to be a synonym for the term "draft". Subsections (f) through (j) define particular instruments that fall within the categories of draft or note. The term "draft," defined in subsection (e), includes a "check" which is defined in subsection (f). "Check" includes a share draft drawn on a credit union payable through a bank because the definition of bank (Section 4-105) includes credit unions. However, a draft drawn on an insurance company payable through a bank is not a check because it is not drawn on a bank. "Money orders" are sold both by banks and non-banks. They vary in form and their form determines how they are treated in Article 3. The most common form of money order of money order sold by banks is that of ordina



The definitions in Regulation CC section 229.2 of the terms "checks," "cashier's check", "Teller's check", and "Travelers check" are different from the definitions of those terms in Article 3.



Certificates of deposit are treated in former Article 3 as a separate type of instrument. In revised Article 3, Section 3-104 (j) treats them as notes.



There are some differences between the requirements of Article 3 and the requirements included in Article 3 of the Convention on International Bills of Exchange and International Promissory Notes. Most obviously the Convention does not include the limitation on extraneous undertakings set forth in Section 3-104 (a)(3), and does not permit documents payable to bearer that would be permissible under Section 3-104 (a)(1) and Section 3-109. See Convention Article 3. In most respects, however, the requirements of 3-104 and Article 3 of the Convention are quite similar.



Bankers Acceptance: Title 12 Section 372

(a) Institutions; drafts and bills of exchange; types any member bank and any Federal or State branch or agency of a foreign bank subject to reserve requirements under section 3105 of this title (hereinafter in this section referred to as "institutions"), may accept drafts or bills of exchange drawn upon it having not more than six months' sight to run, exclusive of days of grace -



(i)which grows out of transactions involving the importation or exportation of goods;

(ii)which grow out of transactions involving the domestic shipment of goods; or

(iii)which are secured at the time of acceptance by a warehouse receipt or other document conveying or securing title covering readily marketable staples.



(b) Ratio limit of bills to unimpaired capital stock and surplus Except as provided in subsection (c) of this section, no institution shall except such bills, or be obligated for a participation share in such bills, in an amount equal at any time in the aggregate to more than 150 per centum of its paid up and unimpaired capital stock and surplus or, in the case of a United States Branch or agency of a foreign bank, its dollar equivalent as determined by the board under subsection (h) of this section.



(c) Authorization for special ratio limit; foreign banks The Board, under such conditions as it may prescribe, may authorize, by regulation or order, any institution to accept such bills, in an amount not exceeding ay any time in the aggregate 200 per centum of its paid up and unimpaired capital stock and surplus or, in the case of a United States Branch or agency of a foreign bank, its dollar equivalent as determined by the Board under subsection (h) of this section.



(d) Ratio limit for domestic transactions Notwithstanding subsections (b) and (c) of this section, with respect to any institution, the aggregate acceptances, including obligations for a participation share in such acceptances, growing out of domestic transactions shall not exceed 50 per centum of the aggregate of all acceptances, including obligations for a participation share in such acceptances, authorized for such institution under this section.



(e) Ratio limit for single entity; foreign banks security no institution shall accept such bills, or be obligated for a participation share in such bills, whether in a foreign or domestic transaction, for any one person, partnership, corporation, association or other entity in an amount equal at any time in the aggregate to more than 10 per centum of it's paid up and unimpaired capital stock and surplus, or, in the case of a United States branch or agency of a foreign bank, its dollar equivalent as determined by the board under subsection (h) of this section, unless the institution is secured either by attached documents or by some other actual security growing out of the same transaction as the acceptance.



(f) Exception for participation agreements with respect to an institution which issues an acceptance, the limitations contained in this section shall not apply to that portion of an acceptance which is issued by such institution and which is covered by a participation agreement sold to another institution



(g) Definitions by board in order to carry out the purposes of this section, the board may define any of the terms used in this section, and, with respect to institutions which do not have capital or capital stock, the board shall define an equivalent measure to which the limitations contained in this section shall apply.



(h) Dollar equivalent of foreign bank paid-up capital stock and surplus.



Any limitation or restriction in this section based on paid up and unimpaired capital stock and surplus of an institution shall be deemed to refer, with respect to a United States branch or agency of a foreign bank, to the dollar equivalent of the paid-up capital stock and surplus of the foreign bank, as determined by the board, and if the foreign bank has more than United States Branch or agency, the business transacted by all such branches and agencies shall be aggregated in determining compliance with the limitation or restriction.



Bills of Exchange have not been discontinued or done away with they are called drafts, in a recent conversation with Walker Todd exchief and legal counsel for the Federal Reserve, he divulged to me that Reserve requirements were waived under Title 12 section 3105. Prior to this on time deposit accounts [these are accounts where the funds cannot be withdrawn for a fixed period of time and then only after notice] were given an exemption as a reserve requirement and this exemption was used or tendered through a Bill of Exchange, and was one of the instruments for loaning money. Guess what replaced the reserve requirements under time deposits? Your exemption as the Principal on the private side. All monetized debt has to have a Principal from which Capital and Interest circulates, this capital and interest is called accruals under GAAP. This is where the accrual method of accounting is derived from, under this method of accounting the debits and credits have to be in balance, thi



The Social Security # on the front of your Social Security Card is assigned to the debtor or straw man, the red number on the back of the card is your exempt priority prepaid account number and is assigned to one of the 12 Federal Reserve Banks, designated by the letter in front of the number. There are 12 letters and 8 numbers after the letter. These letters designate which Federal Reserve district or bank is handling your account, the 8 digit # is your account number, all charge backs should be to this bank and not the Secretary of the Treasury, who in reality is the Secretary of the Treasury of Puerto Rico. The office of the Secretary of The Treasury of the United States was done away with in 1926; I have the legislative documentation of this. The International Monetary Fund has replaced the office of the Secretary of the Treasury of the United States, which was or is being chaired by Nicholas Brady. The letters below designate which district or bank is handling your account



A: Boston B: New York C: Philadelphia D: Cleveland



E: Richmond F: Atlanta G: Chicago H: St. Louis



I: Minneapolis J: Kansas City K: Dallas L: San Francisco



The whole problem and nothing else is that the public and national debt or deficit is not being redeemed on the public side through your exemption on the private side. This is the reason you have run away inflation and wars in the public realms.



The reason wars are fought is to kill or execute people to cancel the debt. You will find out that under Title 12 section 1811 and section 3104 [insurance of deposits] every demand deposit account including checking, savings and credit card accounts are insured under the FDIA [Federal Depository Insurance Act] through the FDIC [Federal Depository Insurance Corporation] Title 12 section 1811 (a).



When they execute the debtor to eliminate the debt, they also collect the insurance money; you are actually worth more dead [debt] than alive. Why do you think the police are so quick to shoot people? This executes or eliminates both the debtor and the debt, in one swift action or execution. This is all Karmic and involves the laws of Karma, which in physics involves the Laws of Cause and Effect. This is also the occult or hidden meaning of the scriptures in regard to salvation and redemption.



Any body who tries to run from the police is called an absconding debtor in admiralty maritime law and may be shot or captured under the law of Prize. Read the case of J. MANRO v. Joseph ALMEIDA 23 U.S. 473, 10 Wheat 473, 6 Led. 473, this is one of the best cases I have ever read on the Admiralty and Civil Law and how it is being applied in the courts. Another excellent case is RAMSAY v. ALLEGRE U.S. MD. 25 U.S. 611, 12 Wheat 611, 6 L.ED. 746, another excellent case is LINDO v. RODNEY, 2 DOUGLAS. 613, this is an extremely difficult case to find and research. This case is quoted in LE CAUX v. EDEN Volume 99 English Reports Pg. 375 or at 2 DOUGLAS 595, this case was decided the 7th day of February, 1781, by Lord Mansfield possibly one of the greatest jurist of admiralty whoever sat on the Kings Bench. "An action will not lie at common law for false imprisonment, where the imprisonment was merely in consequence of taking a ship as prize, although the ship has been acquitted. Lord M



Another excellent case is THE CARTONA 297 Federal Reporter 1st series pg. 827. This case says you have to have a interest or a lien before you can intervene with a claim in Admiralty under rule 24 of the F.R.C.P.



In the United States everything started with the Civil War and the Insurrection and Rebellion Acts of August 6, 1861 and July 17, 1862, which are still current law today under title 50 sections 212, 213, we have been under a military, provisional, occupational government since 1861. This is why the United States has been divided into Internal Revenue Districts under title 26 section 7621 by the president of the United States and is what the zip code designates.



What Franklin Delano Roosevelt did in June of 1933, is he sold more gold contracts that the treasury had gold, this created a marine peril or peril of the sea, because of the run on the treasury, do to the foreign gold contracts. To avert the loss of gold, due to this run, Roosevelt outlawed gold and gold contracts to avert the apparent peril or loss of gold in the Treasury. In admiralty any time cargo [gold] is sacrificed to avert the peril, everybody who is a passenger on the ship or vessel [the United States] has to pay for the loss or sacrifice through the doctrine of Contribution. They had to insure or indemnify their losses through a maritime insurance policy, they accomplished this through FICA [Federal Insurance Contribution Act], which is the insurance policy under Social Security. Everybody who has a SS number is a Co-debtor or Co-surety for the loss of the gold or money under the public policy of H.J.R. 192 and title 31 section 5118 (2) (d). The origins of indemnity a



Every State has passed or adopted the Joint-Tort-Feasors Act under the doctrine of Contribution. This is basically all insurance, which is of admiralty maritime law. This is called general average contribution in admiralty maritime law. DAWSON v. CONTRACTORS TRANSPORT CORP. 467 F. 2D 727 (1972). CIA ATLANTICA PACIFICA, S.A. v. HUMBLE OIL REFINING CO. 274 F. SUPP. 884 (1967) is an excellent case on general average contributions. Grant Gilmore the co-author of the Law of Admiralty wrote Article 9 of the U.C.C. on secured transactions. This should tell you something. Another thing that most people are not aware of is that everybody is a merchant at law under Article 2-104 (1), because they use commercial paper in their every day transactions and hold themselves by occupation as having knowledge or skill peculiar to the practices or goods involved in the transaction or to which the knowledge or skill may be attributed. This is one of the reasons the court never tells or disclose



This is why in title 26 section 6305 says "upon receiving a certification from the Secretary of Health and Human Services, under section 452 (b) of the Social Security Act with respect to any individual, the Secretary shall assess and collect the amount certified by the Secretary of Health and Human Services, in the same manner, with the same powers, and (except as provided in this section) subject to the same limitations as if such amount were a tax imposed by subtitle C." The inference here is that the Secretary is collecting an insurance premium as though it were a tax, why? Because there is no money everything is insurance and you can't pay a tax with a debt instrument. We as Principals own, hold, and control both sides of the accounting ledger; the private, debit or asset side and the public, credit or debt side.



An offender is defined or called a debtor in admiralty maritime law, read the case of CONTINENTAL ILLINOIS NATIONAL BANK TRUST CO. v. CHICAGO, ROCK ISLAND PACIFIC RY. CO. 294 U.S. 648. Page 668 of this case a debtor is referred to has an offender.



All of your state criminal statutes have this term in their statutes or codes. In Ohio it is in title 29 section 2951.07. "If the offender [debtor] under community control ABSCONDS or otherwise leaves the jurisdiction of the court without permission from the probation officer, the probation agency, or the court to do so, or if the offender [debtor] is confined in any institution for the commission of any offense, the period of community control ceases to run until the time that the offender [debtor] is brought before the court for its further action." An absconding debtor is defined in Black's Law Dictionary 8th edition as a "A debtor who flees from creditors to avoid having to pay a debt. Absconding from a debt was formerly considered an act of bankruptcy." The word Abscond means "To depart secretly or suddenly, especially to avoid arrest, prosecution, or service of process. 2. To leave a place usually hurriedly, with another's money or property.



Under Title 26 section 163 all prepaid interest is tax deductible. When you don't use your exemption in exchange for the debt or deficit they execute on you to eliminate the debt, in the prisons or credit facilities as they are really called, this is called the death or debt penalty. Isn't murder a Capital Offense and isn't Capital interest or accruals from you as the Principal? An exemption is intellectual property under international law, if you don't use it, it becomes abandoned property and the corporations use it on a 1096 tax return as prepaid interest to get your deduction and pass the tax on to you. A tax is nothing but a return of capital and interest back to the principal that is why a return is called a tax return. This is what you are paying every time you make a purchase at the retail level on a retail contract under the truth in lending. If you look at any 1099 OID [original issue discount] or 1099 INT [interest] or 1099 PTR [patron] which are issued by banks to



All merchandise is prepaid before it leaves the factory, what merchants are collecting at the retail level is the tax, capital, interest, accrual or revenue on you as the principal, because you have abandoned your exemption as the Principal. They cannot execute on a contract under the common law, because there is no money that is why they have to do an exchange using your exemption for the debt to discharge, redeem or effectuate post settlement and closure of your account. This is why the banks never close your account after you have withdrawn all your money.



When you are refused access to a credit card by alleged bad credit they [the bank] are making a claim on your account by using your exemption. They are assuming ownership of your name as the principal; if they release the account they are giving you your deduction for the prepaid account as the principal. The bottom line to all this is that you only have what you lay claim to. Remember that rights are defined under 1-201 (34) of the UCC as remedies.



The Jewish Passover is just an exchange of the future to the past or the past to the future. In other words your treasury Bill is exchanged for a Treasury Bond making the Bill a future event or Futures Contract.



This comes from a Federal Reserve Report which says that 15 % of 100 = 85, 15 % of 85 = 72.25 etc. total 100, 85, and 72.25 and so on you get 666. Gold held in reserve is 15 % based on $100 deposit = 666, 20 % = 500 this is commodities and 10 % = 1000 and Franklin Delano Roosevelt sold more Gold Contracts than the Treasury had Gold and was the reason for the passage of the Federal Reserve Act and why they had to take gold and silver out of circulation to cover up the fraud. This is why they passed HJR 192 [Title 31 section 5118 2 (d)] and goes into the 33 % that provides funds for funding the public municipalities.



THE PRACTICE AND JURISDICTION OF THE COURT OF ADMIRALTY

IN THREE PARTS by John E. Hall, Esquire Date: 1809



This practice was used by Proctors in the Vice Admiralty Courts in the Colonies prior to the American Revolution and was delivered to the clerk of the Maryland district court, Phillip Moore on the 4th day of October, 1809. The first edition was printed in 1679, a third edition was published in the year 1722 and a new edition in 1791 of which this is a exact and faithful copy of which Lord Hardwicke considered of "unquestionable character". This practice is quoted in Waring v. Clarke 5 Howard, [46 U.S.] 454.



This practice was written for private viewing only and not public as evidenced by its substance.



First Part Historical Examination of Admiralty



Second Part Translation of the Praxis [practice] Supremae Curiae Admiralitalis [The High Court of Admiralty], by Francis Clerke, who was registrar of the Court of Arches during the reign of Queen Elizabeth:



Arches Court = In English Ecclesiastical Law a Court of Appeal belonging to the Archbishop of Canterbury, the judge of which is called the "The Dean of Arches" because his court was anciently held in the church of Saint Mary Le-Bow. [Sancta Maria de - Arcubus]. So named from the steeple, which is raised upon pillars built arch wise 3 BL Commentary 64.



The court was formerly held in the hall belonging to the College of Civilians, commonly called "Doctor's Commons." It is now held in Westminster Hall. It's proper jurisdiction is only over the thirteen peculiar parishes belonging to the Archbishop in London, but the office of the Dean of the Arches, having been for a long time united with that of the Archbishop's principal official, The judge of the Arches, in right of such added office, it receives and determines appeals from the sentences of all inferior Ecclesiastical Courts within the province.



Civilian = One who is called or versed in the Civil Law, a doctor, professor, or student of the Civil Law. Also a private citizen, as distinguished from such as belong to the Army and Navy or [in England] the church.



Register = An officer authorized by law to keep a record called a "Register" or Registry" as the Register for the Probate of Wills.



CURIA = In old European Law. A court. The palace, household, or retinue of a sovereign. A judicial tribunal or court held in the Sovereign's palace. A court of justice The civil power, as distinguished from the Ecclesiastical. A manor; a nobleman's house; the hall of a manor. A piece of ground attached to a house; a yard or courtyard. Spelman. A Lord's court held his manor. The tenants who did suit and service at the lord's court. A manse, Cowell.



In Roman Law



A division of the Roman people, said to have been made by Romulus. They were divided into three tribes, and each tribe into ten curiae, making thirty curiae in all. Spelman. The place or building in which each curia assembled to offer sacred rites. The place of meeting of the Roman senate; the senate house. The senate house of a province; the place where the decuriones assembled. Cod. 10, 31, 2.



DECURIO = Latin. A decurion In the provincial administration of the Roman Empire, the decurions were the chief men or official personages of the large towns. Taken as a body, the decurions of a city were charged with the entire control and administration of its internal affairs; having powers both magisterial and legislative. See 1 Spence, Eq. Jur. 54.



Some of the courts were called admiralty, others were called consular courts. The judges were called consuls and the code which they operated by was called the consulate of the sea. These consuls were civil judges. The district courts today possess the authority and jurisdiction of the High Court of Admiralty. The Lords commissioners of the Admiralty, who possess the same jurisdiction as the Lord High Admiral. The Lord High Admiral grants the office of Registrar of the Admiralty for life. In this country the clerks of the District Courts of the United States are appointed by the Courts respectfully in which they Act, and hold their offices at will. The term Registrar is almost synonymous with Register does this ring a bell. The Civil Law distinguishes between a Letter and a Warrant of Attorney. The former is called a procuration, proxy, procuracy, or procuratory with the Proxy or Procuratory ad lites, in Ecclesiastical causes. This is the same manner in which papers are filed and aut

Bonds were referred to as Fidejussory Security. Fidejussores were the guarantors for payment of the Defendant [Debtor] debts. A defendant needs at least two Fidejussores, who should be bound to the plaintiff, in the sum for which the action was instituted. A Letter Rogatory were called a patent writ [open writ one not sealed or closed] close writ [a royal writ sealed because the contents were not deemed appropriate for public inspection.

The Plaintiff is also obliged to find Fidejussores to these effects, viz. for the prosecution of the suit; for the payment of the defendant's costs if the plaintiff fail in his cause, and for the production of the plaintiff personally as often as he may be called. As all civil and maritime cause is summary, the mode of proceeding and the final sentencing are the same as in Ecclesiastical cases.

The commercial Courts or Tribunals on the continent of Europe were formerly called Consuls. In France, Judges and Consuls; In Spain Priors and Consuls; In Italy, Maritime Consuls. Hence the most ancient work, which is extant, on maritime and commercial law is called, the Consulate of the sea. Commercial agents who are sent from one country to another are called Consuls, because they formerly had a consular jurisdiction, or cognizance of all commercial and maritime causes between subjects of their own nations. To these commercial and maritime Courts, therefore, commissions sub mutuoe or letters rogatory were, in our authour's time, usually directed; and at this day it seems that they might with propriety be directed to the Court or Judge, of the place to which they are sent, exercising admiralty and maritime jurisdiction.

"Before making the seizure, a full proof of the debt is to be made to the Judge according to his discretion." "If he be declared in contumacy [contempt] Scacc. n. 5. the judges of our day, according to custom, decree a sequestration [removal of property from debtor] at the instance of the creditor alone, without the existence of any suspicion. Scacc. n. 11. If nothing is proved to the Judge and nothing is sworn by the creditor, the attachment is granted upon the simple assertion of the creditor.

Default mentioned above, "commonly signifies an offence in omitting that which we ought to do, yet here it is taken as a non appearance in Court at a day assigned" If you don't make an appearance and pay the debt, you are in "contumacy [contempt] and in pain of their contumacy[contempt] be decreed to have incurred the first default." A loan is a maritime contract, a juratory caution in maritime law is a court's permission for an indigent to disregard filing fees an court costs A suit upon juratory caution is the equivalent of a suit in forma pauperis. The right was first recognized in United States admiralty courts in Bradford v. Bradford, 3 F. Case 1129 (1878).

Four defaults are to be pronounced against the defendant, if he does not appear within the term assigned to him by the Judge, before the Judge shall decree the plaintiff to be put in possession of the goods of the defendant, which is contrary to the ancient usage of the Court of Admiralty.

" It often happens, and especially in time of war or commotion, that your goods or vessel are taken by enemies or pirates, and afterwards brought to this kingdom; or are possessed or detained by others in some other manner; or the factor or agent of your correspondents in parts beyond seas, may consign certain goods to your use or benefit, and they are detained unjustly possessed by some person. In such cases you may obtain a Warrant to arrest the goods after this matter as your proper goods: and also a citation as well against those in particular thus occupying or detaining, as against all others in general, who have or pretend to have any interest in them, to answer you in a certain cause of a civil and maritime nature. Which Warrant being executed and returned as above, in Tit. 33, if no one appears, the proceedings are to be in all things as above, Tit 31, and after the fourth default, the goods are to be adjudged to you; not for a debt as in the former

The purpose of attachment of debtor's goods was to compel an appearance to obtain quasi in personam jurisdiction over the Res. The fact is that until the 44th year of Elizabeth, the prize jurisdiction was not vested in the High Court of Admiralty, but in a board of Commissioners, called "The Commissioners for causes of depredations [plundering or pillaging]." At the time this work was authored the Admiralty Court was merely a Civil Court of Instance. There were arguments brought on various grounds such as infra praesidia [within the defenses] this is the international doctrine that someone who captures goods will be considered the owner of the goods if they are brought completely within the Captor's power. This term is a corruption of the Roman-law term intra praesidia, which referred to goods or persons taken by an enemy during war. Under the principle of postliminium, the captured person's rights or goods were restored too prewar status when the captured

The oath to hold bail was an oath of calumny [oath to support plaintiff or defendant's good faith and belief that there was a bone fide claim].



Instruments are for the most part two-fold either publick or private



Publick Instruments are:



1. Instrument drawn under the hand of a Notary Public, or other publick person, either in or out of Court.



2. That which is sealed with some publick or authentick seal, (though written by a private) as of a Prince, City, University or College.



3. All writings whatsoever (though private) which are exemplified by the authority of the Judge or Magistrate.



4. All such writings as are taken out of public registries, c. or those made at publick acts; [that is to say, matters of record.]



5. Those writings which are subscribed by the person and witnesses. And this is publick as to its effects.



Private Instruments are such as are made without any solemnity; and they are either:



1. Accounts



2. Private Inventories or Registers.



3. Private letters betwixt one friend and another, one tradesman and another.



An appeal of an interlocutory decree may be done either viva voce [orally or by word of mouth] before the Judge or apud acta [recorded in writing and to appeals taken orally in front of the judge] when he delivers the sentence or interlocutory decree, or before a notary and witnesses within the 15 days which are allowed by the statutes of the kingdom for bringing appeals.

Consetio's Practice of the Ecclesiastical Courts, London, 1708. This essay, although it relates to the practice of the Ecclesiastical Court, is equally applicable to the Admiralty Courts. In respect of the subject matter of the libel, there are only two sorts in use [pg. 123], one of which is conventional or civil, [a conveniendo, from convening] the other criminal, [a crimine seu querimonia].

Jean B. Keating

[Goldie]

Why offshore when homegrown slave labor is available?

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[Halophyte]

Bumping this for the "newbies".


.

[JCarvingblock]

TRANSCRIPT: Jean Keating/Jack Smith

Phone Conversation: April 2006

http://www.commonlawvenue.com/People/ JackSmith/Paperwork/13-Keating_April_2006.doc
Offered by the Minnesota common law people. Other documents: http://www.commonlawlibrary.com/

Jack: You have this UBS Bank Inc in Puerto Rico and that is where the trust funds are that are funneling everything?

Jean: Yes. That is where everything is going through the United Bank of Switzerland which is owned by Paul Warburgh, which is part of Cornell Corrections. I mean the whole prison system is going—see what they did is took Dylan Venture which merged with Cornell Corrections, they formed Dylan Reed Venture and then they merged with UBS which is the investment arm of UBS of London and UBS of Switzerland. And then set themselves up as an investment company out of Puerto Rico. So what they are doing is—Cornell corrections is merged with UBS out of Chicago. See they have branches in Chicago, London England, and Switzerland. That is where their main office is. But the investment arms are in Chicago and London England. And they own Cornell Corrections which is running your prison system. One of the big companies of the GEO Group. And GEO is the Greek word for global or world. So GEO Inc is owned by Wackenhut. TWC means The Wackenhut Corporation. This formed the GEO Group. They have correctional facilities all over the world. It is unbelievable.

Jack: How does that investment group get involved that you said was down in Puerto Rico?

Jean: Well what the are doing is setting up these trust funds—and all this revenue… Do you know that nobody that lives in Puerto Rico pays any Federal Income Tax?

Jack: That is what you told me the other day. And that has to be because these people are acting as creditors out of the territory of Puerto Rico. So everybody else is alien and foreign to Puerto Rico, so they are paying the taxes to keep Puerto Rico afloat.

Jean: Sure. So what they do is they tell you right on their website—the USB website, is that if you are not resident in Puerto Rico, you cannot get the tax transparency or the tax breaks you get for being a resident. You have to be resident in Puerto Rico. So what I’m doing is I drew up a UCC-1 off their website. I set up a trust fund. I named it, and I put my bond there as the trust fund. I’m setting it up with the Secretary of the Treasury. Using their address. I’m putting it on a UCC-1 and I am actually setting up an account with the Secretary of the Treasury .

Here is another thing. I’m sending the form in, the UCC-1, to the Secretary of State , but the Postal Money Order is made out to the Secretary of the Treasury . What is the Secretary of Treasury doing taking the money from the Secretary of State? What it looks like is that the Secretary of the Treasury is the Secretary of State. Cause that is where all your money is going. So what they did is they set up--- if you read §1321 of Title 31 , all these trust funds. They set up the internal revenue from the Philippine Trust Fund, which is Trust Fund Number 2. It is Special Revenue Trust Fund Number 2. Then Number 62 is Special Internal Revenue Trust Fund Number 62. So they are collecting all these taxes here from people in the United States and they are going into these trust funds. I will bet you anything you want to bet me that they are connected with UBS of Switzerland which is the largest bank in the world. And the BIS and the UBS are working together. Both are located in Switzerland. One is the Bank of International Settlements and the other is the Bank of Switzerland.

BIS is the bank that is connected to ANNA which has the annual numbering numerical association. They give this CUSIP to all these commodities and securities. So what they are doing is running all the commodities--- and everyone of these—GEO has a ticker symbol on the American Stock Exchange. And GEO owns all your correctional facilities. They are all being umbrella under this GEO which is owned by Wackenhut and UBS and Cornell Corrections. So they are selling commodities and securities through the prison systems. I think what they are doing is they are selling these contracts using the bid bond, the performance bond, and the payment bond, and they are selling all these commodities and securities. They sell off shares—they create shares off these bonds that thy get from the criminal cases. They are creating interest—just like they are doing with the mortgages.

What they did is they set up a REIT—a Real Estate Investment Trust. All that is is a tax transfer. The CCA in 1993 changed their name to REIT. They are actually a prison investment trust. CCA owns all these prisons. And all the shares and stock are owned by Paine Webber. Why are they changing their name to Real Estate Investment Trusts?

Jack: Because a body is nothing more than the dust of the ground. So a body is portable real estate. Since a man’s body is real estate, why shouldn’t a prison system which stores bodies be real-estate investment trust?

Jean: So what they are actually doing is using the prisoners as a surety for all these bonds. Where ever you have a bond, you need to have a surety and re-insurance. That is why they have all these certified re-insuring companies on the Secretary of the Treasury’s website.

Now we have established without a doubt what William Cooper and Benson did all the research. They pretty well established that the Secretary of the Treasury is the Secretary of the Treasury of Puerto Rico. Because they did away with the United States Treasury in 1920. I have all the legislation in which they did that.

If the Secretary of the Treasury is in Puerto Rico, and UBS is in Puerto Rico, and BIS is in Puerto Rico, and they merged with Paine Webber in 2002, you do not have to be a rocket scientist to figure out what is going on. Everything is being run through Puerto Rico. Nobody pays any Federal Taxes because of the tax transparency, because what they do is set up these investment trusts and they are running everything through these trusts on the in sourcing and the out sourcing side. They are not paying any income tax. So you have a tax write off. So that means that someone else is paying the tax.

So now take that and apply it. Remember I told you that the mortgage payments that are paid out on these mortgage loans goes to the holders of the mortgage securities and commodities ? Now just take that and apply it to all of this revenue that they are collecting that is going through the Secretary of the Treasury of Puerto Rico. And Ben Houck has pretty well established this with the §6201 Decoding Manual. It shows that everybody is in a revenue taxable activity.

So what they are doing is collecting all this money and putting it in a trust fund and then they pay off the interest to the holders of the securities and the bonds. The bond holders—in other words the people that have an account with Puerto Rico. So what I am doing is setting up an account in Puerto Rico. If I have an account set up in Puerto Rico with the Secretary, aren’t I resident in Puerto Rico?

Jack: You should be.

Jean: Now do I have a tax transparency? Is my exemption in Puerto Rico by being resident in Puerto Rico? There is your answer.

Jack: Have you written the Treasury in Puerto Rico?

Jean: Yes. I have spent a whole week writing the documents. I called up the director of the UCC division in the Secretary of State’s office in Puerto Rico. Her name in Mendez. In fact I got an e-mail from her. See gave me the fee and the mailing address. So I went down to the post office and sent that out. What I did is I redid the Security Agreement so that everything I’d filed in Puerto Rico. I took all these court documents . I took all of these bonds.

Here is another thing you should be aware of. I think you possibly are aware of it, or maybe not. But I am going to bring it to your attention anyway.

When Karl went down there--- This is what happens when people don’t read this documents before they sign them, He went to a bonding company named American Insurance Liabilities. They are owned by the American Banking Association of Florida. They are one of the biggest financial conglomerate in the world. The bond was for $31,000.00. They gave it to him for $5,000.00 to cover my release from jail under a $31,000.00 bond.

When they issued the bond to him for $5,000.00 cash, and he signed for it, he had to sign a cognovits note for $31,000.00. This is a confessed judgment. So what you are doing is actually signing a confessed judgment that you owe $31,000 to them. Now if you do not redeem the bond, guess what happens?

Jack: It goes into court for collection since it is already confessed.

Jean: Yeah! You have already admitted that you owe it. What they are doing with these court bonds is they are taking them and if you don’t redeem them--- what I did is I took the bond, recopied them all, did an original signature on them, got the signatures certified to a Notary, got everything certified, set up an account in Puerto Rico , registered all this, I did acceptance for value on all these things- on the congovit note and bond, and I put them all on a UCC-1 as collateral. With me as the secured party and the account as the debtor. Then I registered it with the Secretary of State, and when I get it back I am going to send it to the Secretary of the Treasury .

What I am going to do is to write checks on it. Get them cleared through there.

I think what is happening is that red number on the back of the Social Security Card is the Bond Number. And I think that that Bond Number is in Puerto Rico. And I think that that is where the Account is set up because the Secretary of Treasury is in Puerto Rico. Not in Washington D.C.

I have heard at least a half dozen people tell me that the Internal Revenue Service told them and the Treasury Department--- in fact the FBI, the CIA, and the Secret Service told dozen’s of people I have talked to that if they sent it to the right person, they could be cleared. They could clear them.

Jack: Interesting. So the right person has presumably got to be out of Puerto Rico. I heard that I think it was Schrout who said on a Monday Night Radio Program with Pastor Massad*—He came out and said there was a guy who had like a tax liability- or something like that. Some kind of a public liability or debt. And he sent an instruction to the Secretary of Treasury in Puerto Rico to settle and close it. And when two weeks went by, he got something like a receipt. And it was not thru the court system. But the judge closed the case, and said that it was closed. This was a criminal case. And the judge said something like the guy was at liberty. The guy said all he did was to write a letter to the Secretary of Treasury in Puerto Rico and told him to settle and close that case based on the fact that he had done his UCC’s. [ * http://www.truthradio.com ]

Jean: Yeah! There is your trustee in bankruptcy.

Jack: Do you have any paperwork on what you did that you can share with me?

Jean: I spent a whole week on papers. The form is on their website . But it is in Spanish. You can’t type on the form. So what I did was a paste. What I actually did was type out the stuff on a sheet of paper and I cut it out. Then copied it onto the form. I shrunk everything done so I could fit everything into there. I listed this bond with the bond number, the company, the amount of the bond, said it was a confessed judgment. I put everything down there as collateral which means that I have a lien interest thereon. I listed myself as the secured party. The creditor. And also as the grantor on the account. I’m setting up a Trust Account. So since it was a Trust Account, I signed the debtor as the grantor—my name as the grantor. And I signed my other name as the Secured Party.

So I sent this in with all the collateral stuff in there- every document that Karl signed is in there as collateral. I think what happens as soon as you do this is they notify them. If they are running this stuff through Puerto Rico, they are using your Bond Number as your exemption number. What I did is I set up the Secured Party as—I put the trust number down and then I put this bond number down , and I said this is my Trust Account. Actually what I am doing is using my bond, which they give you for the trade off- since you are the creditor, they are borrowing all this debt from you- they are giving you the exemption for all the taxes since you are the principal-- which is the “return to them” to close the account on the private side.

What I am doing is setting up an account with the Secretary of the Treasury of Puerto Rico, since he is the Secretary of the Treasury of the United States, and the Trustee. So he has- he can clear all this stuff for me. So what I am going to do, as soon as I get this back , I am going to start writing IBOE’s on it. All my debts are going to go through Puerto Rico.

I went up to Michigan and taught a class on this. Just recently. What I did is I down loaded the CAFR report for September 23 of 2004. It is about 219 pages. It tells you where all the money is. It is the Comprehensive Annual Financial Report. It is in Puerto Rico. The CAFR on the Department of Treasury in Puerto Rico.

Do you know what a JABBA electronic decoding is?

Jack: No.

Jean: They are setting up these accounts in Puerto Rico and they are running them in decoded language so that you can’t decipher them. This report says that you are not even supposed to reproduce it. But they have it published on the internet. I went into the internet and started reading it and down loaded it. I showed it to these people in Michigan at the seminar. All their money is going through UBS- the United Bank of Switzerland. I think what they are doing is they are selling all the interested shares off of your accounts- I mean al the taxes that you are paying are going to the holders of the securities and bonds which are set up in Puerto Rico so they do not have to pay any taxes. All the money you are paying in taxes are being paid as interest on shares off of the dividends off of these commodities and securities- the securities and bonds .

So they are setting up these court bonds and they are setting up these accounts down there- and all the fines that the courts are collecting- all the money they are collecting is just like a mortgage. It is the same thing as a mortgage. What they are doing- if you read this cognovits note, it is a mortgage. A confession of judgment mortgage. They get you to waive presentment, protest, and notice of dishonor. What is that? That is a confessed judgment. Same thing as a mortgage note.

We have a guy that videoed the whole seminar in Michigan. Videos should be available. I showed everything on the screen at the seminar. The seminar was around Detroit Michigan. There were about 65 people there.

I told them that I think the remedy is in Puerto Rico. I think they are running everything through Puerto Rico.

Jack: It has to be run through a Federal Territory. They can’t do it under the Constitution within the states.

Jean: Yeah! It is the commonwealth. The commonwealth of the United States. They are giving them grants. In the CAFR they talk about the $435 billion in grants went to Puerto Rico from the United States. Where did they get that money from? In other words they are sending the tax money to Puerto Rico. Everyone is setting up an account—I mean this is the financial hub of the entire United States. They are funneling all of this through trust funds.

If you look in 1321, all of your trust funds are in Puerto Rico. The two major ones- they took the bureau of Internal Revenue and moved it to the Philippines, and the Internal Revenue Service is in Puerto Rico. What you have is the bureau in the Philippines collecting money through the trust fund #2, and then you have the Internal Revenue Service- Trust Number 62.

Now, in my case, if I go back in and repeat in my case, they will do a resentencing. And they will put me on post sentencing release probation again as part of the sentencing. Then it will be in the sentencing in court. Whereas if I leave it as a “not guilty” plea, they have to throw the case out because the charges that are pending are predicated on “escape” which are predicated on my being on “post release control” which I never was on “post release control” because they had not disclosed that to me verbally in the sentencing hearing. In other words the whole thing goes to jurisdiction. They can’t put me on post release control since they did not disclose it to me in sentencing, and they cannot then charge me with escape. This is my defense attorney’s position.

LATER PHONE CALL


Jean: The Philippine Islands. The Bureau of Internal Revenue is the Internal Revenue Service.

You have 2 commissioners of the Internal Revenue Service. One’s name is Juan Binack (?), and the other one is Mark Everson who is in Washington D.C.

The Bureau of Internal Revenue Service is in the Philippine Islands. And the Commissioner there is the one who is filing all these returns since you did not file them. So he filed it for you to create the tax liability in the Philippine Islands under the Revised Revenue Act of 1988.

Here is something else. In 1947, they appointed the United States Attorney General as the Alien Property Custodian under the Trading With The Enemy Act. As you know, they took Section 5(B) of the Trading With The Enemy Act and they amended Section 2 of the Emergency Bank Act of March 9, 1933. And all citizens of the United States which were excluded under the original Trading With The Enemy Act were now made the enemy.

O.K. So here is what happened. In 1947 they made the U.S. Attorney General the Alien Property Custodian. In 1966, I have the Executive Order in which they did that, they did away with the Office of the Alien Property Custodian and thy appointed… They moved all the other functions over to the Department of the Treasury in Puerto Rico. So the Alien Property Custodian is the Secretary of the Treasury of Puerto Rico.

Here is something else that no one in the Patriot Community knows.

In the early 1900’s when they were establishing the Philippine Islands, the Department of the Treasury drew up a Department, because of the wars- World War 1 and 2- They drew up a department called a Department of Contract Settlements. And what they did is they took the Department of the Contract Settlements which is a separate Department from the Treasury, they moved it over and put it under the Department of the treasury. And then what they did is they did away with the Department as a separate entity. So now the Secretary of the Treasury is not only the Alien Property Custodian, but he is the head of the Department of Contract Settlements.

When you get into Social Security, you have a contract. This is the guy who does the contract settlements.

Winston Schrout sent me the paper work. But something went wrong with one of my hard drives , and we are trying to figure out what is wrong. I cannot get any information off my computer.

What Winston did is he sent me the letter that they sent. Now I am going to add some stuff to that about the Alien Property Custodian because he does not mention that. What Winston did is he sent me a copy of the Certified Letter sent by a John Smith in Oregon and a guy in Arizona. They both sent in letters- like a Letter Rogatory. What they asked the Secretary of Treasury of Puerto Rico to do was to do a set off on their cases respectively. And they did a 521 Termination Statement of the Application. And then they sent a Certified Copy of the Birth Certificate. I talked to Winston about this.

I told him what I had done. I sent in a UCC-1 with a Security Agreement. You guys need to do a Security Agreement. And there are 2 reasons for that. It is the Security Agreement that gives you the perfected security interest, not the UCC-1.

And you need 2 bonds. You need a Fidelity Bond and you need an Indemnification Bond.

What I did is I got the Debtor- which is a trust fund. What they are really doing is bringing a claim against the trust fund. That is why they forfeit the benefits when they put you in prison. That is why they stop your Social Security benefits. Because what they are actually doing is--- everything is a trust fund. And all of your trust funds- and I mean ALL of them are in Puerto Rico.

The Philippine Trust Fund- which is the special Internal Revenue Trust Fund is in Puerto Rice. It is Trust Fund Number 2. Trust Fund Number 62- which is the special Internal Revenue Trust Fund is in Puerto Rico. The Secretary of the Treasury of Puerto Rico handles both Trust Funds. He handles the Philippine Islands and Puerto Rico. But you have 2 Commissioners of Internal Revenue. You have one in the Philippines and one over here. And I think what is going on is that all returns that are filed are funneled down through- what they are actually doing is collecting revenue on liquors that are being run through the Philippine Islands. Up through the Bureau of Internal Revenue which is the Internal Revenue Service. And the Commissioner of Internal Revenue down in the Philippine Islands is the one who is collecting all the revenue on all these things and the Secretary of Treasury of Puerto Rico handles both jurisdictions. Just the Philippines and Puerto Rico- since they are both territories of the United States.

The Secretary of the Treasury of Puerto Rico is also the Alien Property Custodian and he is the head of the Department of Contract Settlements. Now these are War Contracts. See the Department of Contract Settlements was established during the era of World War One and World War Two. And what they did is they did war contracts. All the War Contracts were run through the Department of Contract Settlements- which was a Department of the Treasury.

So what they did, in 1920 when they did away with the Department of the Treasury in Washington, they moved it to Puerto Rico- the moved the Department of Contract Settlements over there too. And they also made the Secretary of the treasury in Puerto Rico the Alien Property Custodian.

If you read the Trading With The Enemy Act- in the Appendix--- the first Hand Section, Read 7E and 7C. It says your sole remedy for any property is under this Act and under the Sections passed in pursuance thereof. Now section 7E says they cannot make you liable on anything by any act that the President has done. So your remedy is under this Trading With The Enemy Act. You have to go to the Secretary of the Treasury in Puerto Rico, because he is the Alien Property Custodian under the Trading With The Enemy Act. He is also the Contract Settlement. He does Contract Settlements which is what you guys are trying to do. And this is the guy that can do this because they hid all this. What they did is a shell game. They have taken the pea and they moved the pea around under the shell and they are trying to—what we are doing is trying to find the pea. What shell is the pea under?

William Benson did the research and so did Cooper, but they didn’t carry it far enough. I have got about every treatise that William Cooper and Benson have written on this. And it comes down to one question. And that is the answer to the whole thing. Who is the beneficiary of the trust? I can tell you who the beneficiaries are. I have got the documentation. It is not my opinion. The holders of the Certificates are the beneficiaries.

The beneficiaries in Puerto Rico are BIS, UBS, and Paine Webber. Paine Webber merged with BIS and UBS back in 2002. So the Paine Webber Group is now the United Bank of Switzerland and the Bank of International Settlements- which is where every commodity and security after it settles and closes ends up is in BIS. This is all headquartered in Puerto Rico. I have their website. They have about 12 different trust funds which they are administering. All this revenue that they are collecting is going to pay the holders of the Certificates which are your equity participants. In other words, what they are buying is the Trust Certificates. The holders of the Certificates are the ones that register and set up an account in Puerto Rico and they are buying up the interest and dividends off the Trust Certificates of Trust Number 2 and Trust Number 62. Those are the people who are the beneficiaries. So all the money they are collecting from tax payers in the United States are going to the holders of the Certificates which are the equity participants. In other words what they are doing is they are doing the same thing with the mortgages as they are doing with the Trust Funds in Puerto Rico.

A Heloc Trust is nothing but a REMIC, a FASIC, a CMO or what they call a bankruptcy note entity. These are tax transparencies. They call them GST’s. What they are is charitable trust funds. What they do is they pay absolutely no tax on the in sourcing or out sourcing side as long as they pay out 90% or more of the dividends of the trust.

And here is another thing. You have to be resident within Puerto Rico. That is why you have to file your UCC-1 in Puerto Rico. I should get it back this week. I sent it in last week. What that does is that makes you resident within—if you read UBS website, anybody who is resident within Puerto Rico as a tax exemption—nobody in Puerto Rico pays any federal income tax. Not even the citizens of Puerto Rico. What does that tell you?

There you are! That is why you have to go through Puerto Rico. That is where the Internal Revenue Service is. And the judge in which you are dealing cannot settle and close this thing because he is NOT the trustee. This Secretary of the Treasury is three things. He is the Alien Property Custodian. He is the Secretary of the Treasury of the United States. And he is the head of the Department of Contract Settlements under war contracts. This is what Social Security is. It is a War Contract .

Jack: So until you actually go to the guy that can settle it, you have not exhausted your administrative process.

Jean: Yeah! So now what they are doing—is they are telling you, you have not exhausted your administrative remedies.

I have had a half dozen people come to me that have used IBOE’s. International Bills of Exchange. And the head of the criminal tax division—criminal investigation division for the Internal Revenue Service told them: “That if you go to the right person, we can negotiate these.”

Jack: O.K. But it has to be to the Property Settlement Officer.

Jean: Yes. He is the Alien Property Custodian. Read Section 7C it says your sole remedy is under this Act and under these sections, because of the Trading With The Enemy Act. Which is incorporated in the Appendix of Title 50. Download it. It is right on the Internet.

Jack: So that is in Title 50. Which Section?

Jean: One through ten of the Appendix. You have to go into the Appendix. Go read section 7C and 7E. There is your whole remedy, right there. Not only is the Secretary the Trustee, the Alien Property Custodian, he is also the Head of the Department of Contract Settlements. This was a separate department during the war era of WW1 and WW2.

I got all of this off the Philippine website. You need to go into the Philippine website. Just type in Bureau of Internal Revenue. They have a website. It says: “Bureau of Internal Revenue Service”. That is the internal revenue service. It actually says that on their website. That is why it is called “special internal revenue trust fund Number 62”.

What you have to do is a UCC-1. They have a UCC-1 on their website. You have to down load it. Then what I did was a paste-- I took the note , I took the bail bond itself—the bail bond was for $31,000. So what you have there is a confessed judgment . See all this other stuff is a dog and pony show. What they are doing is settling the market value of the case or the debt by the bond. When you sign the bond, you are agreeing to pay the bond. If you do not settle and close the bond, you go into default judgment and then what they do is they get default judgment on you and then they sell the judgment. It is entirely civil. It has nothing to do with criminal. It has nothing to do with what is going on in the court room.

Jack: The court room is just the dog and pony show.

Jean: All it is is a circus to cover up the fact that the Bond is an O.R. bond. If you go into your old English in Corpur Juris Secundum, Volume 2, it says that your recognizance bonds came from your old English Admiralty.

When you sign a bond, you are doing a “chose in action” or a thing in action, substituting yourself for the res as a chose in action. Go look up what a “chose in action” is.

Jack: It just substitutes one thing for another thing of equal value with no distinction between the things substituted from the original.

Jean: What you are doing is placing yourself in there as the debtor. And you are agreeing to pay the debt which is a confessed judgment. If you look up a “Cogno vito”, it is a confessed judgment. In fact they have outlawed them. But this bail bond company we did the bond with--- so what I did is I put the bail bond, the name of the company, a Certified copy of the bail bond- the original, and I endorsed it- signed my signature to it- which is a banker’s acceptance. I signed it and I dated it and I put it all in there as attachments to the security agreement. And what I did was a fidelity bond to the debtor which is the trust fund- put up a fidelity bond holding me harmless. So what I did was a fidelity bond and an indemnification bond on the security agreement. This gives me a perfected security interest in all the bonds and notes which are attached as collateral on the UCC-1. But now, I am a lien holder under “Catrano”.

Jack: When you said you went on the Secretary of States website in Puerto Rico to download the UCC-1---

Jean: It is written in Spanish. You can’t type on it. On the other Secretary of States websites you can type on them.

People don’t know this, but when you get a bail bond these days, they make you sign a promissory note for the whole amount of the bond. It is just like a mortgage. What you are actually doing is borrowing money. What my friend borrowed to get me out was $31,000. That’s what he posted to get me out of jail. So what I did is put a lien on the bond. I did an acceptance on it, put a lien on it, and now what I am going to do is I am going to register this whole thing.

What I did was I took the red number on the back of the Social Security Card and I put that down under the secured party and the bond number for my exemption. See, what the Treasury is doing is holding all the exemptions as the Alien Property Custodian and the Head of the Department of Contract Settlements. He is holding your exemption. Which is the bond number on the back of the Social Security Card.

Jack: So he is the only one who can apply it.

Jean: He is the only one who can apply it and settle and close the account. Because he is the one who does contract settlements on war contracts. Because everything is under the Trading With The Enemy Act because of the War Powers Act of March 9, 1933.

Jack: So this is starting to make sense now. If he can come back and make the settlements for you, then he can issue the correct paperwork to the public parties showing that the issue has been settled. He has the power by statute to do that.

Jean: Yeah! He has been delegated that power. They have hid this from the public. Everybody is sending it to John Snow and the Attorney General. They did away with the Office of the Alien Property Custodian and they transferred all the functions to the Department of the Treasury. That is now in Puerto Rico.

http://www.commonlawvenue.com/People/ JackSmith/Paperwork/13-Keating_April_2006.doc
Offered by the Minnesota common law people. Other documents: http://www.commonlawlibrary.com/

[nana]

Hello:

Read Jean's "Treatsie" and wondered if there was any information more current re: her research. Has anyone been able to make contact with her? I find her indepth discussions and thoroughly referenced dialogue incredible. Thank you,

nana:)

[JCarvingblock]

"Jean" Keating is a man. He lives in Ohio now.

Haven't heard much lately, but he has been bouncing in and out of jail in efforts to coerce his "cooperation." Kinda like getting confessions by torture.

Winston Shrout probably knows what is happening and Jack Smith and crew most certainly do. They are also located in Ohio.

If you don't find any contact in a few days, send me a private message and I'll find a phone number or email contact.

Carver

[David Merrill]

Video 01 - http://tinyurl.com/2dcr8b
Video 02 - http://tinyurl.com/yul2vk
Video 03 - http://tinyurl.com/2ylpyn
Video 04 - http://tinyurl.com/24w5s2
Video 05 - http://tinyurl.com/2xz9eu
Video 06 - http://tinyurl.com/ynnmdn
Video 07 - http://tinyurl.com/yvewk7
Video 08 - http://tinyurl.com/ynls7p
Video 09 - http://tinyurl.com/297jnd
Video 10 - http://tinyurl.com/2hkq26
Video 11 - http://tinyurl.com/28znz4
Video 12 - http://tinyurl.com/29ete5
Winston Shrout seminar

[JCarvingblock]

I tried a couple of those links, but they appear flawed.

Try this list: http://www.wecalltheworld.info/ShroutCalls/

I personally find Dr Sam Kennedy to be easier to understand:

TAKE NO PRISONERS Saturday at 1 PM EST and Sunday at 9 PM EST as we continue our discussion of prison extraction and develop the on-air BIC enforcement strategy users manual. You can also listen to the program live at

http://www.republicbroadcasting.org (archives available)

or call 1(800) 313-9443 with your questions.

MINNESOTA COMMON LAW VENUE
http://www.commonlawvenue.net/main/Audio/SamKennedy.htm

[JCarvingblock]

Message from Sam Kennedy

Hello Folks,

Facing a long sentence or a sentencing hearing? Ordered to report? Ordered to hire an a-turn-on-me? Ordered to pay a fine? Coerced into signing an appearance bond by evil deluded men? Willing to accept "Only 18 months" because you have agreed to cower in your own fear like a cornered mouse? NEVER AGAIN. End it NOW. Take back control. Leave the Babylonians behind. Recapture YOUR authority. End your fear of the unknown. Never sign another PR bond. Never unwillingly hire another a-turn-on-me. Never again agree by your ignorance to be an actor in a play designed to steal your property and secure your allegiance to pagan gods. Know exactly how to part the Red Sea when standing in the iron yoke surrounded by a room full of actors and their false dieties and the symbols of enslavement they would have your worship before. Tonight I bring the staff of Moses to all those who would be worthy of the power. Tonight we abandon enslavement.

The telephone for your serious questions germane to freedom during the program is:

1 (800) 313-9443.

Time permitting, we will also present a solution for settling most private disputes to YOUR satisfaction mano a mano when a dishonorable party to a private contract threatens to sic his a-turn-on-me dogs on your commercial interests. This is the settlement that makes them choke on their own greed.

Please join me as we begin the SECOND EXODUS, tonight (Sunday January 20), 9 PM EST on TAKE NO PRISONERS at the Republic Broadcasting Network (http://www.republicbroadcasting.org/...cmd=listenlive). When the program is over, you will know what to do and the choice will be yours as to whether you wish to talk the talk or walk the walk.

And that includes you, Wesley Snipes and Eddie Kahn.

If you have no objection, would you kindly forward this email to your list?

God bless,
Sam Kennedy

[Sapiens]

Thanks Carver.

[JCarvingblock]

There is a serious quantity of material relating to these matters at the Minnesota Common Law site in several locations.

Go here: http://www.commonlawlibrary.com/ and get the cancellatura material; click on the Cancellatura Package Construction for a diagrammatic layout of the documents.

More material is located here: http://www.commonlawvenue.net/ in several locations.

This site is related to the Family Guardian site; there is a large body of work that is free to download: http://www.sedm.org/Forms/FormIndex.htm

You can download yesterday's Sam Kennedy program at: http://www.commonlawvenue.net/main/Audio/SamKennedy.htm



Carver

[JCarvingblock]

Dr Sam Kennedy on the Wesley Snipes and Eddie Kahn saga and Kennedy's solution:

Hello Folks,

This Sunday night at 9 PM, TAKE NO PRISONERS will live up to its name. Friday afternoon, the prosecution in the Wesley Snipes / Eddie Kahn “trial” rested, and the judge ordered that Eddie, who has remained in his cell as a non-consenting party, be brought into Court Monday morning. Eddie’s knowledge of his sovereign authority will be tested. He will either dishonor, choose jurisdiction, or impose his authority. I would like to motivate the latter...

After a week of feverish work, it is my intention Sunday night to jumpstart the freedom movement en masse to the final plateau with an open letter to patriots facing so-called “criminal” trials, incarceration, sentencing and judicial trespass. By midnight Monday morning, thousands of sovereigns will understand in the marrow of their bones how to flex their authority rather than being distracted by the canard of jurisdiction and pagan ritual. In this new era, an army of patriots will be armed in their heads and their hearts, rather than on a piece of paper, with state-of-the-art stepwise instructions derived from BIC [Beneficiaries In Common], commercial remedies, Cancellatura, David Clarence, and my years of abating defective process as Yashua’s bondservant in the court of original jurisdiction (a process that, by definition, canNOT fail). THis is your chance to demystify the heathen’s temples and cleanse yourself of the fear that binds you to false idols. Tonight my fellow patriots can choose to free themselves from the worldly effects of coercion, duress and hollow threats issued by men wearing the black raiment of religious secularism.

The Lord willing, I will also provide a web address for downloading typical orders (first draft) which a sovereign judge or his ministers in waiting might wish to issue on his behalf including an original jurisdiction Great Writ and a Writ of Prohibition terminating the case (please do not email me for these). The era of petitioning actors for writs they cannot and will not grant from a jurisdiction they cannot access by their own admission has ended. We no longer plead. We no longer seek discretion. We no longer pray (the most incredible word-of-art?) for salvation to actors pretending to be gods and who view us as prey. As of Sunday, we lay claim to the dejure jurisdiction from coast to coast. I hope you will join me.

And would you also consider sending a sizeable donation to Eddie and his wife Kooky at:

PO Box 969
Tavares Florida 32778

You can imagine the difficulty of effecting one’s remedy when living moment to moment after an international abduction. I’m sure donations are most appreciated.

A brief word of clarification on another issue. The CONTRACT DISPUTE SETTLEMENT PACKAGE from which I read on the air on the last two Sundays (January 13th and 20th) is an effective simple method for achieving an immediate end to disputes between PRIVATE parties such as landlord/tenant, homeowner/contractor, vendor/supplier, and client/independent contractor. The Package provides a MEASURED dose of public policy and creative BIC persuasion to:

(i) transfer liability to those who would reject payment,
(ii) give convincing notice that our collection agency will be seizing the funds,
(iii) dissuade any attorney from the unwise decision of impairing the contract,
(iv) secure a return of the funds to the source,
(v) SAVE OUR BROTHER by using all of the above to motivate honorable performance on the original contract, and
(vi) hold ourselves out as a royal pain in the ass, and someone to avoid.

ONLY if the recipient refuses to act honorably in the face of potent psychological motivation, do we unleash the remedy. Anything less measured would be an abuse of our skill. However, the Package is NOT designed to resolve criminal or civil disputes with government, tax agencies, prosecutors, banks, DMV, fiction courts, insurance companies or other agencies of government. Substantial BIC and BIC-HT settlement and enforcement strategies exist to close those matters and collect on the outstanding liability using tax and commercial lien technology. More information (about the Package ONLY) is available from:

Sharon@rescueteam.com

Sharon works for Contemporary Christian Order, a fine local ministry to which I have donated the Package. I hope the ministry will reap long term benefit from my labor. Please do NOT belabor Sharon with questions about BIC and patriot issues. CCO assists people and animals in trouble, and brings souls into the Kingdom. The ministry is NOT a source of freedom information other than distributing this effective piece of work. Thank you for understanding.

Finally, I urge my fellow patriots to think like free men and judges in the court of their Father. We care NOT that every move Eddie makes since the kidnapping is monitored. We care NOT that the threat of contempt is used to suppress the dissemination of truth. We only care that WE conduct ourselves honorably as living children of God. We hereby give notice of our intentions. Screening and metal detectors and wiretaps and video cameras and spying technology beyond imagination and incivility to fellow men under the guise of “duty” cannot contain this information. Transcripts of the program are spreading like a virus through your gulags. You can’t keep them out. Your tricks will no longer work. We are here, we are there, we are everywhere. We’re your neighbors, your friends, your doctors, your plumbers. Your fellow agents and corrections officers. And we are not turning tail. We are coming out of the closet. We know you are scared – however needlessly. We know you live in a world of deception, plotting every day how to deceive living men. But you have nothing to fear except your own freedom. We will no longer parse our words or waste a calorie defending ourselves in your courts-in-fiction. WE hold the authority. WE hold the office. WE are the government. WE accept the commissions. If we must suffer the wrath of a cornered animal who knows it has been discovered, we accept the suffering and turn the other cheek. And ultimately you will scurry away to your chambers of torture and fear or join us in the celebration of freedom. I invite you to join us now instead of suffering the continued vengeance of your conscience on your body and soul. The Second Exodus is upon us, and you will witness the departure in droves. Consider THIS at your next meeting of the Bar.

If you have no objection, would you kindly forward this email to your list? TAKE NO PRISONERS is broadcast live on the Republic Broadcasting Network (http://www.republicbroadcasting.org/...cmd=listenlive) at 9 PM EST this and every Sunday night, the Lord willing.

God bless,
Sam Kennedy

Previously, I have included the caveat to DUE YOUR OWN DUE DILIGENCE
Now, I will add this following personal conclusion: Following the Sam Kennedy advice will likely involve you in acts of commerce that further entwine you in LAW MERCHANT thus binding you to commercial law of the UNITED STATES INC. and possibly put you in violation of laws of the United States

Please read carefully the material provided by the Great Ag in this thread: http://goldismoney.info/forums/showthread.php?t=125000

This is powerful and persuasive material.

Carver

[JCarvingblock]

In post #1 from Barnacle Bob we find significant information from Jean Keating.

On Sui Juris there is discussion beginning March 03, 2007 and continuing to this date (today)
http://www.suijuris.net/forum/court/...-treatise.html

There are several links in that thread of significance; this is one that is from a Keating conference. The first portion will be familiar; continue reading downward to the bottom: http://mysite.verizon.net/resoh6cd/s...ican/id10.html

Also in just today is this message from Sam Kennedy:

Hello Folks,

If you are facing collection, foreclosure, civil actions, rogue judges or a-turn-on-me’s run wild, you have not been forsaken. Tonight we will address all of the commercial problems most listeners are facing with a festival of commercial remedies and ongoing successes using the BIC* payment method in actual cases. That’s 9 PM EST on TAKE NO PRISONERS at the Republic Broadcasting Network:

http://www.republicbroadcasting.org/...cmd=listenlive

May I suggest that YOU WILL WANT TO LISTEN LIVE (the Republic archives have outgrown capacity; new programs are NOT being added) as we discuss currently successful strategies, simple ways to deflect the constant redrafts, methods for making a-turn-on-me’s slink away, and a stepwise method for conducting OUR OWN repossession so that we retain the vehicle AND repossess up to three times the amount of the loan. We will also analyze how to know when you’re winning in court, disarming a rogue judge, and motivating public officials to follow our orders.

And for all those folks with commercial liens, I'll reveal a unique financial WINDOW OF OPPORTUNITY for monetizing through a commonplace neighborhood public institution.

That’s LIVE, tonight, at 9 PM EST for a liberating edition of TAKE NO PRISONERS.
_____________________________

I would also like to report a number of successes in bankruptcy court (one of our favorite collecting institutions) as patriots digest the COLLECTING IN BANKRUPTCY CD. It is remarkable to watch men and women all across the nation abandon their fear and strip the trustees and judges of their shrouds. NO LONGER do we accept fraudulent computer numbers as “security interests.” NO LONGER do we sit silent while others fabricate. We now know how to shift proof of claim to those who would lie. EVEN A DEBTOR can object to claims, issue subpoenas, hold people to their oaths, and dispel false claims using shockingly simple methods, one page pleadings, and basic communication skills. AND IMAGINE WHAT FRIENDLY CREDITORS CAN DO. The course was designed for anyone facing foreclosure or bankruptcy or who needs breathing room or who has a desire to monetize a commercial lien. It can be ordered by sending an email to Brian:

Restore.America@hotmail.com (don’t forget the “dot”)
with - CIB INQUIRY - in the subject line

_________________________

I am also pleased to note that since the CONTRACT DISPUTE SETTLEMENT PACKAGE was released, we have seen various attorneys DECLINE involvement in typical mano-a-mano conflicts. Suddenly, aggressive adversaries are swallowing their threats and finding themselves not only without an attorney to file a lawsuit, but WITHOUT AN ATTORNEY EVEN WILLING TO SEND A NASTY LETTER. After months of argument, this can seem like a miracle. Suddenly, opponents are writing their own responses to your letters! And patriots suffering the stress of constant bullying are enjoying the ecstasy of realizing that THEY are in control. The Package uses BIC persuasion to transfer liability, give notice of impending collection, dispel attorneys, secure a return of the funds to the source, and save our brothers by honoring the original contract. I have donated it to a small local non-patriot ministry so they can reap the harvest of my labor. I hope that seems fair in light of the thousands of pages of material and tens of thousands of hours of labor I have made available free of charge. It can be ordered by sending an email to

Sharon@rescueteam.com

It is also available in expanded versions which include for the very first time the latest BIC instruments (last updated January 26, 2008), and the latest tax remedies. Please do NOT write Sharon asking for BIC or court information. She is not a patriot and the ministry is mainstream.
________________________________

PATRIOT NEEDS HELP. Radio host and mentor Tim Turner, who has selflessly assisted many in crisis, faces one of his own: illness requiring expensive medical intervention. As patriots, our dedication to freedom and PERSONAL RESPONSIBILITY introduces obstacles not encountered by most U.S. subjects. In homage to the Lord’s calling us to freedom, won’t you please send a much needed donation to:

Billy Ray Hall
1613 Wicksburg Rd.
Newton, AL 36352

Or, send an email to bldrmtn@fiberpipe.net to arrange for credit card donation. This is a matter of life and death.

Also, Eddie Kahn and his wife desperately need our help. I urge my colleagues to send donations in the form of a postal money order made out to

Kookie Kahn
PO Box 969
Tavares Florida 32778 (please ignore previous addresses)

Folks, the harder it may seem to spare a dime under your present circumstances, the greater the Lord’s rewards in ways you cannot anticipate. “Cast your bread upon the waters, for after many days you will find it again.” (Ecclesiasted 11:1).

________________________

Finally, vers. 1.1 of the:

Manual for Freedom
Great Writ
Writ of Prohibition

can be downloaded at:

http://www.commonlawvenue.com


Please select the Transcript link button and then the link marked: The Very Latest.

If you have no objection, would you kindly forward this email to your list? TAKE NO PRISONERS is broadcast live on the Republic Broadcasting Network (http://www.republicbroadcasting.org/...cmd=listenlive) at 9 PM EST this and every Sunday night, the Lord willing......

Remember, friends, the Second Exodus has arrived. 2008 will be a year of miracles if you so desire. Moses lives in you. We are all vessels for the Word.

God bless,
Sam Kennedy

IMPORTANT:
- FOR A BIC NOTARY, please contact NotaryDepot@hush.com

- FOR A MENTOR ON SHORT NOTICE AND GENERAL BIC EDUCATION, please contact BICstudyclub@msn.com

- SEMINAR: Winston Shrout’s Solutions in Commerce, Feb 15 – 17, San Antonio Texas. Please visit: http://www.WinstonShroutSolutionsInCommerce.com

-SEMINAR: Keith Livingway, Sovereign Without Subjects, March 1 – 2, Harrisburg Pennsylvania. Please visit: http://sovereignwithoutsubjects.com/seminar.htm

FYI from Carver

[JCarvingblock]

Quote with significant suggestive quality; from Sui Juris

Quote:

Funny money is all there is. There is no "real" money. You think a FRN is worth more than a bond? Think again. Paper is paper, unless it is redeemable in gold. Your signature on a note or bond creates credit, which is what this country operates on.

As for a prisoner being released on the payment of said instrument, the reason he is in prison is because he did not settle and close the case, i.e., pay off the value of the judgment. He was put in prison as surety on the security which was created based on the judgment, and which was then sold to an investment company, which then sells it to others. You don't hear about it, and the courts will not admit it, because it is securities fraud. Heads would roll if it became public knowledge. Is the judge or the court administrator going to admit they are part of a crime syndicate? I don't think so.

Page 9, post #88 of thread "Releasing Prisoners VIA IBOE"
http://www.suijuris.net/forum/ucc/98...ia-iboe-9.html

FYI from Carver

[JCarvingblock]

Certified/Registered Mail Number:

SILVER-INDEXED BOND: This silver-indexed bond is a "specialty" executed under testation on indenture for redemption at term [full settlement of the "account stated"] with "lawful money of account" or other funds at par with or equal to the price of silver for a specified number of ounces, by specific weight and fineness, according to law, twenty one ["21" each at a ratio of 15 to 1, silver over gold] ounces, or by physical delivery and seizen of a specified number of ounces of silver, on demand, or minted and coined "dollars" of the United States of America, at parity; or, in the case of any alleged hypothecation [pledge or pignus] in rem or in personam, arrest or attachment, or other public official's public delict or breach of trust, in original organic venue and jurisdiction set forth below, constituting a maritime lien for non-judicial attachment and forfeiture, or common law indebitatus assumptsit, by explicit reservation by surety for exoneration, indemnification and/or reimbursement, hereinafter more fully set forth.

Silver Bond Number 000010

Date: C.E. 25 March, 2008
Issuer: Kenneth Ray: of the family Nicholson
Holder: ________________________
Account Stated: 091-56-6891

Jus Sanguinis, at or near dwelling
T21S, R60E, Sect. 18
ss: Las Vegas Township
Nevada state/territory
united states of America, republics

Indemnity Agreement

&

NOTICE OF SURETY ACT AND BOND

In the matter of: Cause No. C-xxxxxx

KNOW ALL MEN BY THESE PRESENTS: the undersigned Surety, a Principal, a foreign Public Minister, Minister Plenipotentiary and Ambassador of the Kingdom of God, after the High Order of Melchizzedec, unto the United States, and The United States of America, specifically: The state of Nevada et al, in itinere, "Restricted Appearance," and not generally, for and on behalf of the undersigned's Sovereign, jus soli***fn/1*** tertius interveniens, undertake and do hereby establish that undersigned is competent to witness the following facts, true, correct, certain and complete, so help Me Almighty God:

Venue Facts - Law of the Place

As Ordained and Established by the people on Nevada soil post-July 4, 1776, Circa C.E. 1864, to wit: March 21, 1861. CHAP. XXXVI. —An Act to enable the People of Nevada to form a Constitution " Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the inhabitants of that made a portion of the territory of Nevada included in the boundaries herein­after designated be, and they are hereby, authorized to form for them­selves, out of said territory, a state government, with the name afore­said, which said state, when formed, shall be admitted into the Union upon an equal footing with the original states, in all respects whatso­ever. And be it further enacted, That the said state of Nevada shall consist of all the territory included within the following boundaries, to wit: Commencing at a point formed by the intersection of the thirty-eighth degree of longitude west from Washington with the thirty-seventh degree of north latitude; thence due west along said thirty-seventh de­gree of north latitude to the eastern boundary line of the state of Cali­fornia; thence in a northwesterly direction along the said eastern boun­dary line of the state of California to the forty-third degree of longitude west from Washington; thence north along said forty-third degree of west longitude and said eastern boundary line of the state of California to the forty-second degree of north latitude; thence due east along the said forty-second degree of north latitude to a point formed by its inter section with the aforesaid thirty-eighth degree of longitude west from Washington; thence due south down said thirty-eighth degree of west longitude to the place of beginning.
THE CONSTITUTION OF THE STATE OF NEVADA
The Nevada constitution was framed by a convention of delegates chosen by the people. The convention met at Carson City on July 4, 1864, and adjourned on July 28 of the same year. On the 1st Wednesday of September 1864, the constitution was approved by the vote of the people of the Territory of Nevada, and on October 31, 1864, President Lincoln proclaimed that the State of Nevada was admitted into the Union on an equal footing with the original states.
and "Indeed, it may be further, for the sake of argument, conceded that, where there are rights created by congress, during the existence of a territory, which are of such a nature as to imply their perpetuity, and the consequent purpose of congress to continue them in the state, after its admission, such continuation will, as a matter of construction, be upheld, although the enabling act does not expressly so direct." cf. Ward v. Race Horse, 163 U.S. 504 (1896); see***Appended Covenant - Addendum I [O.J.]; and

Testation: "yea" is yea, and" nay" is nay"

L.S. Kenneth Ray: of the family Nicholson, "The Surety shall suffer no loss"

only in capacity as beneficiary to the original organic jurisdiction aforestated herein:

I, Kenneth Ray: of the family Nicholson, of My own free volition, of majority age and competent, and in the presence of Almighty God, in capacity as beneficiary to the original organic jurisdiction aforesaid, in the Guaranteed Republican Form, with a pure heart and good conscience, do willingly undertake to act as Surety, to execute this private "Silver" Bond, in the amount of twenty one Dollars silver Coin (at legal and lawful 15 to 1 ratio, prescribed by law) united states of America, Lawful Money, in the Guaranteed Republican Form and Forum, personally held in My ownership and possession; and
This "Silver" Bond is to the credit of the private party listed hereon, :Stephen-Walter: Goulet, in capacity as beneficiary to the original organic jurisdiction aforesaid, jus soli, by His lawful given appellation, as full faith and credit guarantee to any Lawful Bill in Redemption, or other obligation, duly presented under Seal in Lawful specie money of account of the united states of America, pursuant to the 1792 Coinage Act, Act of 2 April 1792, ch. 16, Sec. 16 1 Stat. 246, 250, entitled: Chap. XV.—An Act establishing a Mint, and regulating the Coins of the United States; see***Appended Covenant - Addendum II [Coinage Act]; and
The Bill of Redemption is a good and lawful tender as a set-off for any alleged hypothecation [pledge or pignus], common law indebitatus assumptsit, contract, agreement, consent, assent, or other res, purportedly held, as a duty or obligation against :Stephen-Walter: Goulet, so as to cause an imputed disability, subordinated debtor status, suretyship, or other presumption against the sovereign capacity, or Unalienable Rights and Powers of Kenneth Ray: of the family Nicholson. The specific intent of this "Silver" Bond, a specialty, is to establish, by My witness, the good and lawful credit in lawful money specie of account of :Stephen-Walter: Goulet; see***Appended Covenant - Addendum III [Peonage, Involuntary Servitude]; and
I, Kenneth Ray: of the family Nicholson, undertake this Act of Surety, under My lawful given appellation and seal, and by the authority of My sovereign aforesaid, as full faith and credit guarantee, to any lawful Bill or other presentment, duly endorsed and presented to Me, under seal, and under penalty of perjury of the law of the place so executing the same, in lawful money of account of the united states of America, in all matters of correct public administrative, judicial, or corporate actions in the form and forum of original organic Law and Jurisdiction, and for the benefit and credit of the peculiar private party listed above and His heirs and assigns, under explicit reservation and without recourse to undersigned Surety/Principal; and
The general intent of the maker of this "Silver" Bond, a specialty, is to establish, by issuer's testation, good and lawful credit, in the sum-certain amount above stated, twenty-one or more Dollars in silver Coin, that cannot legally transfer or assign a claim of debt, or debt, against Principal's lawful given res or title, nor undersigned's Estate, having no other legal obligation attached to it except "specific performance" hereunder, do, hereby, make available to "bond" all actions and proceedings, by "Restricted Appearance," of the Principal and against all other actors, trespassers and comers; and further, by explicit reservation of Rights Unalienable, at common law, savings to suitors in all live cases or controversies, in original organic common law venue aforesaid ***fn/1*** as conclusive self-authenticating evidence, Kenneth Ray: of the family Nicholson, cannot be bankrupt, insolvent, a juristic "person" subject to any causa debendi statute, code or regulation, State or Federal CONSTRUCT, or forma pauperis, quasi-corporation, joint maritime vessel, enjoying limited liability, merchant vessel, public vessel, straw man, ens legis, or dolus trust KENNETH RAY NICHOLSON; and
The tenor and the term of this "Silver" Bond is for the life of the account stated, or at such other time by agreement of the parties via restatement or re-negotiation of any contract, or until full accord and satisfaction of all charges or claims made thereunder, by the person, or persons making the charges or claims and having the primary liability to pay or extinguish said debt, or his or hers indemnitors, defaults or dishonors the same, or upon demand for validation of any debt tendered, or other duty or obligation to primary Principal, in the nature of a public trust, or otherwise, said charges or claims, including any compulsory counter-claims, shall be immediately due and payable to Principal, without subsequent notice; and

Exoneration qui timet

Reimbursement

(Trust Clause)

Principal and indemnitors agree and hereby expressly declare that all funds due or to become due under any contract covered by a Bond are trust funds, whether in the possession of the Principal or another, for the benefit and payment of all persons to whom the Principal incurs obligations in the performance of such contract for which the Surety would be liable under the Bond. If the Surety discharges any such obligation it shall be entitled to assert the claim of such person to the trust funds. Principal shall, upon demand of the Surety and in implementation of the trust or trusts hereby created, open an account or accounts with a bank or similar depository designated by the Principal and approved by the Surety, which account or accounts, shall be designated as a trust account or accounts for the deposit of such trust funds, and shall deposit therein all monies, funds, or other assets or collateral, including after acquired property, received pursuant to said contract or contracts. Withdrawals from such account shall be by check or similar instrument signed by the Principal and countersigned by a representative of the Surety. Said trust or trusts shall terminate on the payment by Principal or indemnitors of all the contractual obligations for the payment of which the trust or trusts are hereby created or upon the expiration of twenty (20) years from the date hereof, whichever shall first occur. Surety, Principal and indemnitors further agree and expressly declare that Surety is entitled to the order of a court of competent [original organic] jurisdiction, the specific performance of the original contract or contracts, or trust funds contained in the Indemnity Agreement, without subsequent notice, by mandamus, injunctive relief, or other available remedy, to prevent the Surety from suffering any anticipated or indeterminable loss, or losses.

Failure to honor this "Silver" Bond upon tender being made therefore, shall constitute a public delict, tort, libel, and by the public official's delictual fault, a dishonor, whereby a tender offer being made and delivered, collateral estoppel shall ensue, by explicit reservation, and any charges or claims shall cease and determine, to be immediately due and payable, whereof any adversarial proceeding against the Surety/Principal shall cease and determine, with prejudice against the person, or persons, having the primary duty and the primary liability to pay or perform their public trust, under the standard of reasonableness and due diligence, shall abdicate or vacate their office for perjury of oath and breach of fiduciary duty to Surety/Principal, and shall suffer the imposition of civil and criminal penalties according to Law, in the form and forum of the original organic venue and jurisdiction aforesaid; and
NOTICE TO ALL PUBLIC OFFICIALS OR UNREGISTERED AGENTS OF A FOREIGN PRINCIPAL IS NOTICE TO THAT PRINCIPAL ALSO THE REVENUE LAWS OF ONE COUNTRY HAVE NO EXTRA-TERRITORIAL APPLICATION IN THE LAW FORM AND FORUM AFORESAID; AND
To hold otherwise, would be tantamount to a constitutional tort and a trespass vi et armis, to vilify and damnify the undersigned Principal and Surety herein, contrary to Law, and the Sacred Trust that binds the undersigned Surety; and
Teste Meipso: Common Era, this _____ day of the ______________ month, in the year of our Lord, 200____.


_________________________________________No Dolus
Testation: Kenneth Ray: of the family Nicholson
Jus soli, T21S, R60E, Sect.18
ss: Las Vegas Township
Nevada state/territory
united states of America, republics




_____________________ county)
) ss:
_______________________ state)


Kenneth Ray: of the family Nicholson, known by Me or made known for Me by proper identification and having duly affirmed to tell the truth, the whole truth, and nothing but the truth, according to the laws of His sovereign, "Thou shalt not bear false witness", duly executed, certified, verified, and exemplified, pursuant to The Ordinance for the Territory North and West of the River Ohio (Circa. 1787), 1 Stat 51, before Me, a Notary Public for The State of _________________, County of ____________________, on this ______________ day of _______________ , 200____.


_________________________________
Notary Public signature:
Seal:
_________________________________
My Notary Expires:

_________________________________

fn/1 "jus soli" Taking the relation of the States to each other, as it exists under the Constitution, and as declared by this Court, in one uniform and consistent series of adjudication, from 6 Cr. 136, to 2 Pet. 590, held: 1: that "the several States are still foreign to each other, for all but Federal purposes"; their position "a single unconnected sovereign power" before and without any confederation between them, is an inevitable consequence." (Baldwin, 83.) "As the States are still foreign to each other, for all but Federal purposes, the United States could have neither a right of soil nor jurisdiction, propriety or dominion, within any particular State, but by a cession from the State by its legislature, or a convention of the people. * * The Constitution is a cession of jurisdiction only, made by the people of a State," (Baldwin, 94.) But the United States must have the "consent of a State," and "purchase from the owners of the soil before it can build a post-office, custom-house, fort, dock-yard, or any other public structure. Thus the sovereignty of a State over its own territory has not been ceded by the adoption of the Constitution. "By the treaty of peace with Great Britain, the powers of government, and the right of soil, which had previously been in Great Britain, passed definitely to these States." (8 Wheaton, 584.)" Then there could be no mode by which the United States could acquire either 'the powers of government,' or the 'right of soil' in any territory, but by a cession from the States. * * And it was held by this Court, that the only territory which in fact belonged to the United Stated in 1787 was acquired by the cession from Virginia." "What then is the extent of jurisdiction which a State possesses? We answer without hesitation the Jurisdiction of a State Is co-extensive with its legislative power." (5 Wheat., 375; Baldwin, 87, 88.) The right of soil and general jurisdiction over the whole territory, within the boundaries of the several States, was invested In the people of each State, as absolute sovereigns of both; neither right can be exercised but by a grant from them, and what is not given way by cession, still remains with them." (Baldwin, 99; 2 Peters, 468.) In 1795, Georgia, which had ceded none of its territory, made sale of a large tract, on the Yazoo River. The United States denied the right of Georgia to make such sale. The question was brought before the Supreme Court in the case of Fletcher P. Peck, and the Court decided that the title of the land was in Georgia. (6 Cranch 142.) Referring to the formation of the Union, the Court held that: "A judicial system was to be prepared, not for a consolidated people, but for distinct societies, already possessing distinct systems. (10 Wheaton, 46) " The power having existed prior to the Constitution, and not having been prohibited by that instrument, remains with the States." (5 Wheat., 16, 17; 2 Peters, 466.) [C. C. B.]

fn/2 In National Mutual Insurance Company of the District of Columbia, 337 U.S. 582, 93 L.Ed. 1556 (1948) states that citizens of the District of Columbia [UNITED STATES] are not embraced by the judicial power under Article 3 of the Constitution for the United States of America, the same statement is held in Hepburn Dundas v. Elizey, 2 Cranch (U.S.) 445, 2 L.Ed. 332.; In 1804, the Supreme Court, through Chief Justice Marshall, held that a citizen of the District of Columbia was not a citizen of a state:
"We therefore decline to overrule the opinion of Chief Justice Marshall, and we hold that the District of Columbia is not a state within Article 3 of the Constitution. In other words cases between citizens of the District and those of the states were not included of the catalogue of controversies over which the Congress could give jurisdiction to the federal courts by virtue of Article 3. In other words Congress has exclusive legislative jurisdiction over citizens of Washington District of Columbia and through their plenary power nationally covers those citizens even when in one of the several states as though the district expands for the purpose of regulating its citizens wherever they go throughout the states in union. But see: "savings to suitor's" clause, Section 9, and Sections 11 and 13, 1 Stat. 73, Approved C.E. September 24, 1789.

Covenant : ADDENDUM I

In Original Organic Jurisdiction - Common Law - Savings to Suitors

"Juris = Oath and Diction = Spoken"

Restatement: Terms of Public (secular) Trust

Found and determined: The people of the States who made the Constitution, considered themselves as the sovereign (Object), and the government the subject. They were the principals - it the agent. That this is true none will dispute; for they "pledged" to each other, their lives, fortunes and sacred honour. "The United States of America," in the Guaranteed Republican Form, self-governing, Article IV, Section 4 (Circa 1776-1787);
Found and determined: All "Public Service is a public trust," "Each employee has a responsibility to the United States Government and its citizens to place loyalty to the Constitution, laws and ethical principles above private gain." 5 CFR § 2635.101(a), and (a)(1); primarily the purpose of public officials "oath of office" and "fidelity bond;" creating the duty, obligation, and liability or enforceable "debt" to the principals, settlors, and to their posterity for breach thereof; see: Marbury v. Madison, 5 U.S. [Cranch] 137 (1803), all unconstitutional acts are ultra vires and void;
Found and determined: From the Constitution of the State of Nevada, Circa C.E. 7 September 1864, Article I, Bill of Rights, Section 2: ­­___"But the paramount allegiance of every citizen is due to the Federal Government, in exercise of all its constitutional powers as the same have been or may be defined by the Supreme Court of the United states;”
Found and determined "Original Jurisdiction" at: Article III, Section 2, Clause 2, Constitution for the United States of America, in the guaranteed Republican Form, Article IV, Section 4 thereof, effective C.E. September 17, 1787, and by operation of The Preamble and Bill of Rights, effective C.E. December 15, 1791, c.f., U.S. Supreme Court EX PARTE SIEBOLD, 100 U.S. 371 (1879), 100 U.S. 371, October Term, 1879, in pertinent part: "..... it can only exercise original jurisdiction in cases affecting ambassadors, public ministers and consuls, and cases in which a State is a party;" but has appellate jurisdiction in all other cases of Federal cognizance, 'with such exceptions and under such regulations as Congress shall make,' Ex parte Bollman and Swartwout, supra; Ex parte Watkins, 3 Pet. 202; 7 id. 568; Ex parte Wells, 18 How. 307, 328; Ableman v. Booth, 21 id. 506; Ex parte Yerger, 8 Wall. 85, which, in every live case or controversy, obtains from the right of soil, jus utendi et abutendi. But see: Exodus 19:5 [Ferrar Fenton, KJV];
Found and determined: ".....the "saving to suitors ***fn/2***" clause in 28 U.S.C. § 1333, "the extent to which state law may be used to remedy maritime injuries is constrained by a so-called 'reverse - Erie' doctrine...," STATE OF NORTH DAKOTA, Voge v. Schnaidt, 2001 ND 174, 635 N.W.2d 161, Filed Nov. 2, 2001;
Found and determined: Rule E (8): "Restricted Appearance." An appearance to defend against an admiralty and maritime claim with respect to which there has issued process in rem, or process of attachment and garnishment whether pursuant to these Supplemental Rules or to Rule 4(e), may be expressly restricted to the defense of such claim, and in that event shall not constitute an appearance for the purposes of any other claim with respect to which such process is not available or has not been served;
Found and determined: A man cannot be compelled to accept ["quasi-contractual"] benefits on the theory of "unjust enrichment." See Ames. The History of Assumptsit, 2 Harv. L. Rev. 1, 53, 58 (1888). As Mr. Justice Holmes once put it, "An obligation to pay money generally is enforced by an action of assumptsit and to that extent is referred to a contract even though it is one existing only by fiction of law." Thomas v. Matthiessen, 232 U.S. 221, 235.
Found and determined: The undersigned "Surety" is a separate legal person, under explicit reservation, enjoying the "privilege of exemption," according to International Law, jus gentium privatum and jus gentium publicum. TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE, PART IV, JURISDICTION AND VENUE, CHAPTER 97, JURISDICTIONAL IMMUNITIES OF FOREIGN STATES, Sec. 1603. Definitions: "For purposes of this chapter - (a) A ''foreign state'', except as used in section 1608 of this title, includes a political subdivision of a foreign state or an agency or instrumentality of a foreign state as defined in subsection (b). (b) An ''agency or instrumentality of a foreign state'' means any entity - (1) which is a separate legal person, corporate or otherwise, and (2) which is an organ of a foreign state or political subdivision thereof, or a majority of whose shares or other ownership interest is owned by a foreign state or political subdivision thereof, and (3) which is neither a citizen of a State of the United States as defined in section 1332 (c) and (d) of this title, nor created under the laws of any third country......(d) A ''commercial activity'' means either a regular course of commercial conduct or a particular commercial transaction or act. The commercial character of an activity shall be determined by reference to the nature of the course of conduct or particular transaction or act, rather than by reference to its purpose. (e) A ''commercial activity carried on in the United States by a foreign state'' means commercial activity carried on by such state and having substantial contact with the United States." Pub. L. 94-583, Sec. 4(a), Oct. 21, 1976, 90 Stat. 2892;
Found and determined: Whoever falsely assumes or pretends to be an officer or employee acting under the authority of the United States or any department, agency or officer thereof, and acts as such, or in such pretended character demands or obtains any money, paper, document, or thing of value, shall be fined under this title or imprisoned not more than three years, or both. 18 U.S.C.A. (2001) § 912;

Covenant - ADDENDUM II

Act of 2 April 1792, ch. 16, Sec. 16, 1 Stat. 246, 250

Chap. XV.—An Act establishing a Mint, and regulating the Coins of the United States.

Mint established at the seat of government.

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, and it is hereby enacted and declared, That a mint for the purpose of a national coinage be, and the same is established; to be situate and carried on at the seat of the government of the United States, for the time being: And that for the well conducting of the business of the said mint, there shall be the following officers and persons, namely,—a Director, an Assayer, a Chief Coiner, an Engraver, a Treasurer.

Director to employ workmen, etc.

SEC. 2. And be it further enacted, That the Director of the mint shall employ as many clerks, workmen and servants, as he shall from time to time find necessary, subject to the approbation of the President of the United States.

Duty of the officers: Assayer, Chief Coiner, Engraver, Treasurer.

SEC. 3. And be it further enacted, That the respective functions and duties of the officers above mentioned shall be as follows: The Director of the mint shall have the chief management of the business thereof, and shall superintend all other officers and persons who shall be employed therein. The Assayer shall receive and give receipts for all metals which may lawfully be brought to the mint to be coined; shall assay all such of them as may require it, and shall deliver them to the Chief Coiner to be coined. The Chief Coiner shall cause to be coined all metals which shall be received by him for that purpose, according to such regulations as shall be prescribed by this or any future law. The Engraver shall sink and prepare the necessary dies for such coinage, with the proper devices and inscriptions, but it shall be lawful for the functions and duties of Chief Coiner and Engraver to be performed by one person. The Treasurer shall receive from the Chief Coiner all the coins which shall have been struck, and shall pay or deliver them to the persons respectively to whom the same ought to be paid or delivered: he shall moreover receive and safely keep all monies which shall be for the use, maintenance and support of the mint, and shall disburse the same upon warrants signed by the Director.

To take oath.

SEC. 4. And be it further enacted, That every officer and clerk of the said mint shall, before he enters upon the execution of his office, take an oath or affirmation before some judge of the United States faithfully and diligently to perform the duties thereof

And give bond.

SEC. 5. And be it further enacted, That the said assayer, chief coiner and treasurer, previously to entering upon the execution of their respective offices, shall each become bound to the United States of America, with one or more sureties to the satisfaction of the Secretary of the Treasury, in the sum of ten thousand dollars, with condition for the faithful and diligent performance of the duties of his office.

Salaries.

SEC. 6. And be it further enacted, That there shall be allowed and paid as compensations for their respective services—To the said director, a yearly salary of two thousand dollars, to the said assayer, a yearly salary of one thousand five hundred dollars, to the said chief coiner, a yearly salary of one thousand five hundred dollars, to the said engraver, a yearly salary of one thousand two hundred dollars, to the said treasurer, a yearly salary of one thousand two hundred dollars, to each clerk who may be employed, a yearly salary not exceeding five hundred dollars, and to the several subordinate workmen and servants, such wages and allowances as are customary and reasonable, according to their respective stations and occupations.

Accounts how and where to be settled.

SEC. 7. And be it further enacted, That the accounts of the officers and persons employed in and about the said mint and for services performed in relation thereto, and all other accounts concerning the business and administration thereof, shall be adjusted and settled in the treasury department of the United States, and a quarter yearly account of the receipts and disbursements of the said mint shall be rendered at the said treasury for settlement according to such forms and regulations as shall have been prescribed by that department; and that once in each year a report of the transactions of the said mint, accompanied by an abstract of the settlements which shall have been from time to time made, duly certified by the comptroller of the treasury, shall be laid before Congress for their information.

President of U. S. to cause buildings to be provided.

Expense how to be defrayed.

SEC. 8. And be it further enacted, That in addition to the authority vested in the President of the United States by a resolution of the last session, touching the engaging of artists and the procuring of apparatus for the said mint, the President be authorized, and he is hereby authorized to cause to be provided and put in proper condition such buildings, and in such manner as shall appear to him requisite for the purpose of carrying on the business of the said mint; and that as well the expenses which shall have been incurred pursuant to the said resolution as those which may be incurred in providing and preparing the said buildings, and all other expenses which may hereafter accrue for the maintenance and support of the said mint, and in carrying on the business thereof, over and above the sums which may be received by reason of the rate per centum for coinage herein after mentioned, shall be defrayed from the treasury of the United States, out of any monies which from time to time shall be therein, not otherwise appropriated.

Species of the coins to be struck.

Eagles, Half Eagles. Quarter Eagles.

Dollars or Units. Half Dollars. Quarter Dollars. Dismes. Half Dismes, Cents, Half Cents..

SEC. 9. And be it further enacted, That there shall be from time to time struck and coined at the said mint, coins of gold, silver, and copper, of the following denomination, values and descriptions, viz. Eagles—each to be of the value of ten dollars or units, and to contain two hundred and forty-seven grains and four eighths of a grain of pure, or two hundred and seventy grains of standard gold. Half Eagles—each to be of the value of five dollars, and to contain one hundred and twenty-three grains and six eighths of a grain of pure, or one hundred and thirty-five grains of standard gold. Quarter Eagles—each to be of the value of two dollars and a half dollar, and to contain sixty-one grains and seven eighths of a grain of pure, or sixty-seven grains and four eighths of a grain of standard gold. Dollars or Units—each to be of the value of a Spanish milled dollar as the same is now current, and to contain three hundred and seventy-one grains and four sixteenths parts of a grain of pure, or four hundred and sixteen grains of standard silver. Half Dollars—each to be of half the value of the dollar or unit, and to contain one hundred and eighty-five grains and ten sixteenth parts of a grain of pure, or two hundred and eight grains of standard silver. Quarter Dollars—each to be of one fourth the value of the dollar or unit, and to contain ninety-two grains and thirteen sixteenth parts of a grain of pure, or one hundred and four grains of standard silver. Dismes—each to be of the value of one tenth of a dollar or unit, and to contain thirty-seven grains and two sixteenth parts of a grain of pure, or forty-one grains and three fifths parts of a grain of standard silver. Half Dismes—each to be of the value of one twentieth of a dollar, and to contain eighteen grains and nine sixteenths parts of a grain of pure, or twenty grains and four fifths parts of a grain of standard silver. Cents—each to be of the value of one hundredth part of a dollar, and to contain eleven penny-weights of copper. Half Cents—each to be of the value of half a cent, and to contain five penny-weights and a half a penny-weight of copper.

Of what devices.

SEC. 10. And be it further enacted, That, upon the said coins respectively, there shall be the following devices and legends, namely: Upon one side of each of the said coins there shall be an impression emblematic of liberty, with an inscription of the word Liberty, and the year of the coinage; an upon the reverse of each of the gold and silver coins there shall be the figure or representation of an eagle, with this inscription, "United States of America" and upon the reverse of each of the copper coins, there shall be an inscription which shall express the denomination of the piece, namely, cent or half cent, as the case may require.

Proportional value of gold and silver.

SEC. 11. And be it further enacted, That the proportional value of gold to silver in all coins which shall by law be current as money within the United States, shall be as fifteen to one, according to quantity in weight, of pure gold or pure silver; that is to say, every fifteen pounds weight of pure silver shall be of equal value in all payments, with one pound weight of pure gold, and so in proportion as to any greater or less quantities of the respective metals.

Standard for gold coins, and alloy how to be regulated.

Director to report the practice of the mint touching the alloy of gold coins.

SEC. 12. And be it further enacted, That the standard for all gold coins of the United States shall be eleven parts fine to one part alloy; and accordingly that eleven parts in twelve of the entire weight of each of the said coins shall consist of pure gold, and the remaining one twelfth part of alloy; and the said alloy shall be composed of silver and copper, in such proportions not exceeding one half silver as shall be found convenient; to be regulated by the director of the mint, for the time being, with the approbation of the President of the United States, until further provisions shall be made by law. And to the end that the necessary information may be had in order to the making of such further provision, it shall be the duty of the director of the mint, at the expiration of a year after commencing the operations of the said mint, to report to Congress the practice thereof during the said year, touching the composition of the alloy of the said gold coins, the reasons for such practice, and the experiments and observations which shall have been made concerning the effects of different proportions of silver and copper in the said alloy.

Standard for silver coins—alloy how to be regulated

Alloy.

SEC. 13. And be it further enacted, That the standard for all silver coins of the United States, shall be one thousand four hundred and eighty-five parts fine to one hundred and seventy-nine parts alloy; and accordingly that one thousand four hundred and eighty-five parts in one thousand six hundred and sixty-four parts of the entire weight of each of the said coins shall consist of pure silver, and the remaining one hundred and seventy-nine parts of alloy; which alloy shall be wholly of copper.

Persons may bring gold and silver bullion, to be coined free of expense;

how the director may exchange coins therefor, deducting half percent.

Duty of the Secretary of Treasury herein.

The half per cent. to constitute a fund, etc.

SEC. 14. And be it further enacted, That it shall be lawful for any person or persons to bring to the said mint gold and silver bullion, in order to their being coined; and that the bullion so brought shall be there assayed and coined as speedily as may be after the receipt thereof, and that free of expense to the person or persons by whom the same shall have been brought. And as soon as the said bullion shall have been coined, the person or persons by whom the same shall have been delivered, shall upon demand receive in lieu thereof coins of the same species of bullion which shall have been so delivered, weight for weight, of the pure gold or silver therein contained: Provided nevertheless, That it shall be at the mutual option of the party or parties bringing such bullion, and of the director of the said mint, to make an immediate exchange of coins for standard bullion, with a deduction of one half per cent. from the weight of the pure gold , or pure silver contained in the said bullion, as an indemnification to the mint for the time which will necessarily be required for coining the said bullion, and for the advance which shall have been so made in coins. And it shall be the duty of the Secretary of the Treasury to furnish the said mint from time to time whenever the state of the treasury will admit thereof, with such sums as may be necessary for effecting the said exchanges, to be replaced as speedily as may be out of the coins which shall have been made of the bullion for which the monies so furnished shall have been exchanged; and the said deduction of one half per cent. shall constitute a fund towards defraying the expenses of the said mint.

Order of delivering coins to persons bringing bullion, and penalty on giving undue preference.

SEC. 15. And be it further enacted, That the bullion which shall be brought as aforesaid to the mint to be coined, shall be coined, and the equivalent thereof in coins rendered, if demanded, in the order in which the said bullion shall have been brought or delivered, giving priority according to priority of delivery only, and without preference to any person or persons; and if any preference shall be given contrary to the direction aforesaid, the officer by whom such undue preference shall be given, shall in each case forfeit and pay one thousand dollars; to be recovered with costs of suit. And to the end that it may be known if such preference shall at any time be given, the assayer or officer to whom the said bullion shall be delivered to be coined, shall give to the person or persons bringing the same, a memorandum in writing under his hand, denoting the weight, fineness and value thereof, together with the day and order of its delivery into the mint.

Coins made a lawful tender,

SEC. 16. And be it further enacted, That all the gold and silver coins which shall have been struck at, and issued from the said mint, shall be a lawful tender in all payments whatsoever, those of full weight according to the respective values herein before declared, and those of less than full weight at values proportional to their respective weights.

and to be made conformable to the standard weights, etc

SEC. 17. And be it further enacted, That it shall be the duty of the respective officers of the said mint, carefully and faithfully to use their best endeavours that all the gold and silver coins which shall be struck at the said mint shall be, as nearly as may be, conformable to the several standards and weights aforesaid, and that the copper whereof the cents and half cents aforesaid may be composed, shall be of good quality.

The Treasurer to reserve not less than three pieces of each coin to be assayed;

when and by whom.

SEC. 18. And the better to secure a due conformity of the said gold and silver coins to their respective standards, Be it further enacted, That from every separate mass of standard gold or silver, which shall be made into coins at the said mint, there shall be taken, set apart by the treasurer and reserved in his custody a certain number of pieces, not less than three, and that once in every year the pieces so set apart and reserved, shall be assayed under the inspection of the Chief Justice of the United States, the Secretary and Comptroller of the Treasury, the Secretary for the department of State, and the Attorney General of the United States, (who are hereby required to attend for that purpose at the said mint, on the last Monday in July in each year,) or under the inspection of any three of them, in such manner as they or a majority of them shall direct, and in the presence of the director, assayer and chief coiner of the said mint; and if it shall be found that the gold and silver so assayed, shall not be inferior to their respective standards herein before declared more than one part in one hundred and forty-four parts, the officer or officers of the said mint whom it may concern shall be held excusable; but if any greater inferiority shall appear, it shall be certified to the President of the United States, and the said officer or officers shall be deemed disqualified to hold their respective offices.

Penalty on debasing the coins.

SEC. 19. And be it further enacted, That if any of the gold or silver coins which shall be struck or coined at the said mint shall be debased or made worse as to the proportion of fine gold or fine silver therein contained, or shall be of less weight or value than the same ought to be pursuant to the directions of this act, through the default or with the connivance of any of the officers or persons who shall be employed at the said mint, for the purpose of profit or gain, or otherwise with a fraudulent intent, and if any of the said officers or persons shall embezzle any of the metals which shall at any time be committed to their charge for the purpose of being coined, or any of the coins which shall be struck or coined at the said mint, every such officer or person who shall commit any or either of the said offences, shall be deemed guilty of felony, and shall suffer death.

Money of account to be expressed in dollars, etc.

SEC. 20. And be it further enacted, That the money of account of the United States shall be expressed in dollars or units, dismes or tenths, cents or hundredths, and milles or thousandths, a disme being the tenth part of a dollar, a cent the hundredth part of a dollar, a mille the thousandth part of a dollar, and that all accounts in the public offices and all proceedings in the courts of the United States shall be kept and had in conformity to this regulation.

APPROVED, April 2, 1792.

(a). The acts establishing and regulating the mint of the United States, and for regulating coins, have been: An act establishing a mint and regulating the coins of the United States passed April 2, 1792, chap. 16, an act regulating foreign coins, and for other purposes, February 9, 1793, chap. 5; an act in alteration of the act establishing a mint and regulating the coins of the United States, March 3, 1794, chap. 4; an act supplementary to the act entitled, "An act to establish a mint and regulating the coins of the United States," passed March 3, 1795, chap. 47; an act respecting the mint, May 27, 1796, chap. 33; an act respecting the mint, April 24, 1800, chap. 34; an act concerning the mint, March 3, 1801, chap. 21; an act to prolong the continuance of the mint at Philadelphia, January 14, 1818, chap. 4; an act further to prolong the mint at Philadelphia, March 3, 1823, chap. 42; an act to continue the mint at the city of Philadelphia, and for other purposes, May 19, 1828, chap. 67; an act concerning the gold coins of the United States, and for other purposes, June 28, 1834, chap. 95; an act to establish branches of the mint of the United States, March 3, 1835, chap. 37; an act supplementary to an act entitled, "An act establishing a mint and regulating the coins of the United States," January 18, 1837, chap. 3; an act to amend an act entitled, "An act to establish branches of the mint of the United States," February 13, 1837, chap. 14; an act amendatory of an act establishing the branch mint at Danlonega, Georgia, and defining the duties of the assayer and coiner, February 27, 1843, chap. 46.

Historical and Revision Notes

Revised Section Source (U.S. Code) Source (Statutes at Large)
5101 31:371. R.S. Sec. 3563.
The word ''money'' is substituted for ''money of account'' to eliminate unnecessary words. As far as can be determined, the phrase ''money of account'' has not been interpreted by any court or Government agency. The phrase was used by Alexander Hamilton in his ''Report on the Establishment of the Mint'' (1791). In that Report, Hamilton propounded 6 questions, including: 1st. What ought to be the nature of the money unit of the United States? Thereafter, Hamilton uses the phrases ''money unit of the United States'' and ''money of account'' interchangeably and in the sense that the phrases are used to denote the monetary system for keeping financial accounts. In short, the phrases simply indicate that financial accounts are to be based on a decimal money system:, and it is certain that nothing can be more simple and convenient than the decimal subdivisions. There is every reason to expect that the method will speedily grow into general use, when it shall be seconded by corresponding coins. On this plan the unit in the money of account will continue to be, as established by that resolution (of August 8, 1786), a dollar, and its multiples, dimes, cents, and mills, or tenths, hundredths, (sic) and thousands. Thus, the phrase ''money of account'' did not mean, by itself, that dollars or fractions of dollars must be equal to something having intrinsic or ''substantive'' value. This concept is supported by earlier writings of Thomas Jefferson in his ''Notes on the Establishment of a Money Unit, and of a Coinage for the United States'' (1784), and the 1782 report to the President of the Continental Congress on the coinage of the United States by the Superintendent of Finances, Robert Morris, which was apparently prepared by the Assistant Superintendent, Gouverneur Morris. See Paul L. Ford, The Writings of Thomas Jefferson, vol. III (G.P. Putnam's Sons, 1894) pp. 446-457; William G. Sumner, The Financier and the Finances of the American Revolution, vol. II (Burt Franklin, 1891, reprinted 1970) pp. 36-47; and George T. Curtis, History of the Constitution, vol. I (Harper and Brothers, 1859) p. 443, n2. The words ''or units'' and ''and all accounts in the public offices and all proceedings in the courts shall be kept and had in conformity to this regulation'' are omitted as surplus.

"invitio beneficium non datur"

Covenant: Addendum III

Peonage & Involuntary Servitude

U.S. Supreme Court

219 U.S. 219 (1911)

ALONZO BAILEY, Plff. in Err., v. STATE OF ALABAMA

No. 300. Argued October 20, 21, 1910. Decided January 3, 1911

This court has frequently recognized the general power of every legislature to prescribe the evidence which shall be received, and the effect of that evidence, in the courts of its own government. Fong Yue Ting v. United States, 149 U.S. 698, 479, 37 S. L. ed. 905, 925, 13 Sup. Ct. Rep. 1016. In the exercise of this power numerous statutes have been enacted providing that proof of one fact shall be prima facie evidence of the main fact in issue; and where the inference is not purely arbitrary, and there is a rational relation between the two facts, and the accused is not deprived of a proper opportunity to submit all the facts bearing upon the issue, it has been held that such statutes do not violate the requirements of due process of law. Adams v. New York, 192 U.S. 585 , 48 L. ed. 575, 24 Sup. Ct. Rep. 372; Mobile, J. & K. C. R. Co. v. Turnipseed, decided by this court December 19, 1910 [ 219 U.S. 35, 55 L. ed. --, 31 Sup. Ct. Rep. 136].
The latest expression upon this point is found in the case last cited, where the court, by Mr. Justice Lurton, said:
'That a legislative presumption of one fact from evidence of another may not constitute a denial of due process of law, or a denial of the equal protection of the law, it is only essential that there shall be some rational connection between the fact proved and the ultimate fact [219 U.S. 219, 239] presumed, and that the inference of one fact from proof of another shall not be so unreasonable as to be a purely arbitrary mandate. So, also, it must not, under guise of regulating the presentation of evidence, operate to preclude the party from the right to present his defense to the main fact thus presumed. If a legislative provision not unreasonable in itself, prescribing a rule of evidence, in either criminal or civil cases, does not shut out from the party affected a reasonable opportunity to submit to the jury in his defense all of the facts bearing upon the issue, there is no ground for holding that due process of law has been denied him.'
In this class of cases where the entire subject-matter of the legislation is otherwise within state control, the question has been whether the prescribed rule of evidence interferes with the guaranteed equality before the law, or violates those fundamental rights and immutable principles of justice which are embraced within the conception of due process of law. But where the conduct or fact, the existence of which is made the basis of the statutory presumption, itself falls within the scope of a provision of the Federal Constitution, a further question arises. It is apparent that a constitutional prohibition cannot be transgressed indirectly by the creation of a statutory presumption any more than it can be violated by direct enactment. The power to create presumptions is not a means of escape from constitutional restrictions. And the state may not in this way interfere with matters withdrawn from its authority by the Federal Constitution, or subject an accused to conviction for conduct which it is powerless to proscribe.
In the present case it is urged that the statute as amended, through the operation of the presumption for which it provides, violates the 13th Amendment of the Constitution of the United States and the act of Congress passed for its enforcement. [219 U.S. 219, 240] The 13th Amendment provides:
'Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
'Section 2. Congress shall have power to enforce this article by appropriate legislation.
Pursuant to the authority thus conferred, Congress passed the act of March 2, 1867, chap. 187, 14 Stat. at L. 546, the provisions of which are now found in 1990 and 5526 of the Revised Statutes (U. S. Comp. Stat. 1901, pp. 1266, 3715), as follows:
'Sec. 1990. The holding of any person to service or labor under the system known as peonage is abolished and forever prohibited in the territory of New Mexico, or in any other territory or state of the United States; and all acts, laws, resolutions, orders, regulations, or usages of the territory of New Mexico, or of any other territory or state, which have heretofore established, maintained, or enforced, or by virtue of which any attempt shall hereafter be made to establish, maintain, or enforce, directly or indirectly, the voluntary or involuntary service or labor of any persons as peons, in liquidation of any debt or obligation, or otherwise, are declared null and void.'
'Sec. 5526. Every person who holds, arrests, returns, or causes to be held, arrested, or returned, or in any manner aids in the arrest or return, of any person to a condition of peonage, shall be punished by a fine of not less than one thousand nor more than five thousand dollars, or by imprisonment not less than one year nor more than five years, or by both.'
The language of the 13th Amendment was not new. It reproduced the historice words of the ordinance of 1787 for the government of the Northwest territory, and gave them unrestricted application within the United States and all places subject to their jurisdiction. While the immediate concern was with African slavery, the [219 U.S. 219, 241] Amendment was not limited to that. It was a charter of universal civil freedom for all persons, of whatever race, color, or estate, under the flag.
The words involuntary servitude have a 'larger meaning than slavery.'
'It was very well understood that, in the form of apprenticeship for long terms, as it had been practised in the West India Islands, on the abolition of slavery by the English government, or by reducing the slaves to the condition of serfs attached to the plantation, the purpose of the article might have been evaded, if only the word 'slavery' had been used.' Slaughter-House Cases, 16 Wall. p. 69, 21 L. ed. 406. The plain intention was to abolish slavery of whatever name and form and all its badges and incidents; to render impossible any state of bondage; to make labor free, by prohibiting that control by which the personal service of one man is disposed of or coerced for another's benefit, which is the essence of involuntary servitude.
While the Amendment was self-executing, so far as its terms were applicable to any existing condition, Congress was authorized to secure its complete enforcement by appropriate legislation. As was said in the Civil Rights Cases: 'By its own unaided force and effect it abolished slavery, and established universal freedom. Still, legislation may be necessary and proper to meet all the various cases and circumstances to be affected by it, and to prescribe proper modes of redress for its violation in letter or spirit. And such legislation may be primary and direct in its character; for the Amendment is not a mere prohibition of state laws establishing or upholding slavery, but an absolute declaration that slavery or involuntary servitude shall not exist in any part of the United States.' 109 U.S. 20, 27 L. ed. 842, 3 Sup. Ct. Rep. 18.
The act of March 2, 1867 (Rev. Stat. 1990 and 5526, supra), a was a valid exercise of this express authority. Clyatt v. United States, 197 U.S. 207, 49 L. ed. 726, 25 Sup. Ct. Rep. 429. It declared that all laws of any state, by virtue of which any attempt should be made 'to establish, maintain, or enforce, directly or [219 U.S. 219, 242] indirectly, the voluntary or involuntary service or labor of any person as peons, in liquidation of any debt or obligation, or otherwise,' should be null and void.
Peonage is a term descriptive of a condition which has existed in Spanish America, and especially in Mexico. The essence of the thing is compulsory service in payment of a debt. A peon is one who is compelled to work for his creditor until his debt is paid. And in this explicit and comprehensive enactment, Congress was not concerned with mere names or manner of description, or with a particular place or section of the country. It was concerned with a fact, wherever it might exist; with a condition, however named and wherever it might be established, maintained, or enforced.
The fact that the debtor contracted to perform the labor which is sought to be compelled does not withdraw the attempted enforcement from the condemnation of the statute. The full intent of the constitutional provision could be defeated with obvious facility if, through the guise of contracts under which advances had been made, debtors could be held to compulsory service. It is the compulsion of the service that the statute inhibits, for when that occurs, the condition of servitude is created, which would be not less involuntary because of the original agreement to work out the indebtedness. The contract exposes the debtor to liability for the loss due to the breach, but not to enforced labor. This has been so clearly stated by this court in the case of Clyatt, supra, that discussion is unnecessary. The court there said:
'The constitutionality and scope of 1990 and 5526 present the first questions for our consideration. They prohibit peonage. What is peonage? It may be defined as a status or condition of compulsory service, based upon the indebtedness of the peon to the master. The basal fact is indebtedness. As said by Judge Benedict, delivering the opinion in Jaremillo v. Romero, 1 N. M. [219 U.S. 219, 243] 190, 194: 'One fact existed universally; all were indebted to their masters. This was the cord by which they seemed bound to their masters' service.' Upon this is based a condition of compulsory service. Peonage is sometimes classified as voluntary or involuntary, but this implies simply a difference in the mode of origin, but none in the character of the servitude. The one exists where the debtor voluntarily contracts to enter the service of his creditor. The other is forced upon the debtor by some provision of law. But peonage, however created, is compulsory service, involuntary servitude. The peon can release himself therefrom, it is true, by the payment of the debt, but otherwise the service is enforced. A clear distinction exists between peonage and the voluntary performance of labor or rendering of services in payment of a debt. In the latter case the debtor, though contracting to pay his indebtedness by labor or service, and subject like any other contractor to an action for damages for breach of that contract, can elect at any time to break it, and no law or force compels performance or a continuance of the service. We need not stop to consider any possible limits or exceptional cases, such as the service of a sailor (Robertson v. Baldwin, 165 U.S. 275, 41 L. ed. 715, 17 Sup. Ct. Rep. 326), or the obligations of a child to its parents, or of an apprentice to his master, or the power of the legislature to make unlawful and punish criminally an abandonment by an employee of his post of labor in any extreme cases. That which is contemplated by the statute is compulsory service to secure the payment of a debt.' 197 U. S. pp. 215, 216.
The act of Congress, nullifying all state laws by which it should be attempted to enforce the 'service or labor of any persons as peons, in liquidation of any debt or obligation, or otherwise,' necessarily embraces all legislation which seeks to compel the service or labor by making it a crime to refuse or fail to perform it. Such laws would furnish the readiest means of compulsion. The 13th [219 U.S. 219, 244] Amendment prohibits involuntary servitude except as punishment for crime. But the exception, allowing full latitude for the enforcement of penal laws, does not destroy the prohibition. It does not permit slavery or involuntary servitude to be established or maintained through the operation of the criminal law by making it a crime to refuse to submit to the one or to render the service which would constitute the other. The state may impose involuntary servitude as a punishment for crime, but it may not compel one man to labor for another in payment of a debt, by punishing him as a criminal if he does not perform the service or pay the debt.
If the statute in this case had authorized the employing company to seize the debtor, and hold him to the service until he paid the $15, or had furnished the equivalent in labor, its invalidity would not be questioned. It would be equally clear that the state could not authorize its constabulary to prevent the servant from escaping, and to force him to work out his debt. But the state could not avail itself of the sanction of the criminal law to supply the compulsion any more than it could use or authorize the use of physical force. 'In contemplation of the law, the compulsion to such service by the fear of punishment under a criminal statute is more powerful than any guard which the employer could station.' Ex parte Hollman, 79 S. C. 22, 21 L.R.A.(N.S.) 249, 60 S. E. p. 24, 14 A. & E. Ann. Cas. 1109.
What the state may not do directly it may not do indirectly. If it cannot punish the servant as a criminal for the mere failure or refusal to serve without paying his debt, it is not permitted to accomplish the same result by creating a statutory presumption which, upon proof of no other fact, exposes him to conviction and punishment. Without imputing any actual motive to oppress, we must consider the natural operation of the statute here in question (Henderson v. New York [Henderson v. Wickham] 92 U. S. p. 268, 23 L. ed. 547), and it is apparent that it furnishes a convenient instrument for the coercion [219 U.S. 219, 245] which the Constitution and the act of Congress forbid; an instrument of compulsion peculiarly effective as against the poor and the ignorant, its most likely victims. There is no more important concern than to safeguard the freedom of labor upon which alone can enduring prosperity be based. The provision designed to secure it would soon become a barren form if it were possible to establish a statutory presumption of this sort, and to hold over the heads of laborers the threat of punishment for crime, under the name of fraud, but merely upon evidence of failure to work out their debts. The act of Congress deprives of effect all legislative measures of any state through which, directly or indirectly, the prohibited thing, to wit, compulsory service to secure the payment of a debt, may be established or maintained; and we conclude that 4730, as amended, of the Code of Alabama, in so far as it makes the refusal or failure to perform the act or service, without refunding the money or paying for the property prima facie evidence of the commission received of the crime which the section defines, is in conflict with the 13th Amendment, and the legislation authorized by that Amendment, and is therefore invalid.
Found and determined: TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 77 - PEONAGE AND SLAVERY. Sec. 1581. Peonage; obstructing enforcement (a) Whoever holds or returns any person to a condition of peonage, or arrests any person with the intent of placing him in or returning him to a condition of peonage, shall be fined under this title or imprisoned not more than 10 years, or both. (b) Whoever obstructs, or attempts to obstruct, or in any way interferes with or prevents the enforcement of this section, shall be liable to the penalties prescribed in subsection (a). SOURCE (June 25, 1948, ch. 645, 62 Stat. 772; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104-208, div. C, title II, Sec. 218(a), Sept. 30, 1996, 110 Stat. 3009-573.)
Further: TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 21 - CIVIL RIGHTS SUB-CHAPTER I - GENERALLY Sec. 1994. Peonage abolished The holding of any person to service or labor under the system known as peonage is abolished and forever prohibited in any Territory or State of the United States; and all acts, laws, resolutions, orders, regulations, or usages of any Territory or State, which have heretofore established, maintained, or enforced, or by virtue of which any attempt shall hereafter be made to establish, maintain, or enforce, directly or indirectly, the voluntary or involuntary service or labor of any persons as peons, in liquidation of any debt or obligation, or otherwise, are declared null and void. -SOURCE- (R.S. Sec. 1990.)

NOTICE TO: Courts of First Instance to Justiciability of Issues

Public Policy arises in contradistinction to the rule of law:
In the dicta of the cases is found and discovered: Northern Pipeline Construction Co. v Marathon Pipeline Company and United States, 458 US 50; 73 L. Ed 2d 598, 102 S Ct 2858 (1982) wherein the Justices White and Powell agreeing with Chief Justice Burger admitted that the administrative agencies were in fact legislative tribunals.The Justices stated:
"The plurality concedes that Congress may provide for initial adjudication's by Article 1 courts or administrative judges of all rights and duties arising under otherwise valid federal laws. The word debt as used by the Act is not confined to its technical common law meaning, but ... extends to liabilities arising out of breach of contract ... to torts ... and to taxes owing to the United States or state or local governments. ... Every such claim must be filed and its validity is subject to adjudication by the bankruptcy court. The existence and validity of such claims recurringly depend on state law.
"The complicated and contradictory history of the issues before us leads me to conclude that Chief Justice Vinson and Justice Harlan reached the correct conclusion: There is no difference in principle between the work that Congress may assign to an Article 1 court and that which the Constitution assigns to Article III courts. Unless we want to overrule a large number of our precedents upholding a variety of Article 1 courts that go by the contemporary name of 'administrative agencies" -- this conclusion is inevitable."
The Supreme Court then held virtually the same discussion regarding Article III and Article 1 courts again regarding public versus private rights and came to the same conclusion in the Granfinanciera v Nordberg; 492 US 33, 106 L Ed 2d 26, 109 S Ct 2782 (1989) decision.

C A V E A T

NOTE: In State Farm Fire & Cas. v. Reuter, 299 Or 155, 159-60, 700 P2d 236 (1985) (A criminal conviction may conclusively establish that an insured engaged in "intentional" conduct, thus triggering an insurance policy exclusion for intentional acts.); Ledford v. Gutoski, 319 Or 397, 401, 877 P2d 80 (1994) ("Injuries resulting from intentional acts are excluded from insurance coverage when the insured intended to cause the particular injury or harm, as opposed to merely intending the act."); State Farm Fire & Cas. v. Parker, 98-1612-L2; CA A105977 (Or. 05/24/2000) ("intentional" conduct thus triggering an insurance policy exclusion for intentional acts); cf. 15 U.S.C. § 1012 (Regulation by State law; Federal law relating specifically to insurance; applicability of certain Federal laws after June 30, 1948); see "Wager [tontine] Policy;" and
In Barke v. Maeyens, Jr. M.D., 00CV0012; A111121 (Or. 09/12/2001) ("[T]he history of the remedy clause indicates that its purpose is to protect absolute common-law rights respecting person, property, and reputation, as those rights existed when the Oregon Constitution was drafted in 1857. The means for protecting those rights is the mandate that remedy by due course of law be available in the event of injury. Until 1935, this court's case law was consistent with that historical purpose. In Perozzi, this court erroneously relied on the United States Supreme Court's interpretation of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution in Silver to hold that Article I, section 10, does not forbid the legislature from abolishing absolute rights respecting person, property, or reputation that existed when the Oregon Constitution was adopted." Id. at 118-19. The court disavowed its line of cases based on the Perozzi rationale and concluded that "[t]he legislature lacks authority to deny a remedy for injury to absolute rights that existed when the Oregon Constitution was adopted in 1857." Id. at 119, citing Mattson v. Astoria, 39 Or 577, 580, 65 P 1066 (1901). Among the cases disavowed by the Supreme Court in Smothers are Sealey and Josephs, on which defendant relied in the trial court and in this court for the proposition that the statute of ultimate repose contained in ORS 12.110(4) does not violate Article I, Section 10; and
In National Mutual Insurance Company of the District of Columbia, 337 U.S. 582, 93 L.Ed. 1556 (1948) states that citizens of the District of Columbia [UNITED STATES] are not embraced by the judicial power under Article 3 of the Constitution for the United States of America, the same statement is held in Hepburn Dundas v. Elizey, 2 Cranch (U.S.) 445, 2 L.Ed. 332.; In 1804, the Supreme Court, through Chief Justice Marshall, held that a citizen of the District of Columbia was not a citizen of a state:
"We therefore decline to overrule the opinion of Chief Justice Marshall, and we hold that the District of Columbia is not a state within Article 3 of the Constitution. In other words cases between citizens of the District and those of the states were not included of the catalogue of controversies over which the Congress could give jurisdiction to the federal courts by virtue of Article 3. In other words Congress has exclusive legislative jurisdiction over citizens of Washington District of Columbia and through their plenary power nationally covers those citizens even when in one of the several states as though the district expands for the purpose of regulating its citizens wherever they go throughout the states in union. But see: "savings to suitor's" clause, Section 9, and applicable Sections 11 and 13, 1 Stat. 73, Approved C.E. September 24, 1789; and

Covenant: ADDENDUM IV

"My Trusts (Ezekiel 48:11)," and in I Timothy 6:9 and Hebrews Chapter 9 we are further admonished to guard these Sacred Trusts. Trusts are in effect "settlements," the operation of which cannot come into existence without the death of the Testator. ALL COVENANTS RUN WITH THE LAND, jus soli.
Ezekiel 44:6-8 (FF) "Son of Adam! fix your heart, and observe with your eyes, and listen with your ears to all that I may say to you;--to all the rules of the EVER LIVING'S Temple, and to all its forms, and fix in your minds the passages of the structure, and all the gangways of the Sanctuary, and tell the rebels of the House of Israel, Thus says the MIGHTY LORD:--You have added to yourselves, beyond all your depravities, House of Israel, the bringing in of foreigners of filthy mind, and filthy body, to reside in my Sanctuary, to defile My Temple! and you allow them to present My bread, and fat, and blood, and break My covenant by all your depravities. You have also not guarded My Sacred Trusts,--but have appointed Guardians of My Trusts from yourselves in My Sanctuary!;"
A Warning to Israel: Ezekiel 33:1-5. "The command of the EVER-LIVING came again to me to say:--Son of Adam, speak to the children of your people and say to them, 'When I bring a sword against a country, and take a man of that country to its borders, and appoint him as a watchman for them, and he sees the sword coming to the country, and blows his trumpet, and arouses the People,--whoever hears the sound of the trumpet and does not take warning, but the sword approaches and seizes him,--his blood will be upon his own head. He heard the sound of the trumpet, and did not take warning,--his blood will be upon himself, since he had been warned to protect his life;"
In Ezekiel 48:11 is found a most interesting message: "And it shall be consecrated to the EVER-LIVING amongst you, for the consecrated priests of the descendants of Zadok, who guarded My Trusts,--who did not revolt to the depravities of the children of Israel, when the Levites revolted. Consequently the boundaries of the Grant, granted from the land, shall be most sacred to you." Compare: Exodus 20:12. This is a covenant (contract) running with the land. The very land you must live and survive on;
At I Timothy 6:20 we find: "Timothy, guard the trust; avoid the common frivolties and objections of the false philosophy, which some proclaiming, have, as to the faith, missed the mark. Grace be with you;"
At Hebrews 9:15-21 we find: "And by means of this He is an intermediary of a new settlement; so that as death was made for redemption from transgressions under the first settlement, those called for eternal inheritance might receive the promise. For where there is a settlement, it is necessary that the settlor should have been carried off by death; because a settlement comes into force after death, for it never has effect while the settlor lives. Whence neither the former was renewed without blood; for every command of the law having been repeated by Moses to all the people, he, taking the blood of bulls and goats, with water, and scarlet wool, and hyssop, sprinkled the book itself, as well as all the people, saying: THIS IS THE BLOOD OF THE SETTLEMENT WHICH GOD HAS CONCLUDED WITH YOU;"
Proverbs 1:7 The fear of the LORD is the beginning of knowledge: but fools despise wisdom and instruction;
Galatians 6:7 Be not deceived; God is not mocked: for whatsoever a man soweth, that shall he also reap;
Deuteronomy 11:16 Take heed to yourselves, that your heart be not deceived, and ye turn aside, and serve other gods, and worship them;
Haggai 2:8 The silver is mine, and the gold is mine, saieth the LORD of hosts;
Exodus 20:17 Thou shalt not covet thy neighbor's house; thou shalt not covet thy neighbor's wife, nor his manservant, nor his maidservant, nor his ox, nor his ass, nor anything that is thy neighbor's;
1 Tm: 6:10: For the love of money is the root of all evil: which while some coveted after, they have erred from the faith, and pierced themselves through with many sorrows;
Ecclesiastics 21:8 (Septuagint - Apocrypha), "He that buildeth his house with other men's money is like one that gathereth himself stones for the tomb of his burial;"
Romans 13:8, "Owe no man any thing, but to love one another:"
Even the Supreme Court has been able—at one time—to comprehend the significance of this. Bronson v. Rodes, 74 U.S. (7 Wall.) 229, 248-49 (1869).

f i n i s

[JCarvingblock]

The message above was supplied by Ken Nicholson alakinpools@cox.net to the groups Trustees and Agents and Death and Taxes on Sunday, June 01, 2008 as a 14 page rtf format document.

It was posted as a response to another poster who claimed that he had been arrested and jailed over no driver's license, possession of drug paraphernalia, and no insurance. People acting on his behalf posted 21 junk silver (Morgans) dollars as a bond on the case after which he was immediately released. At the time of the release, he was asked to sign a hold harmless agreement which he refused to sign. Instead, he sent a bill for $7,500 to the state office of risk management which was subsequently paid in full.

http://finance.groups.yahoo.com/grou...S/message/1182 [This group was shut down after the original owner died and has been replaced by a similar group http://finance.groups.yahoo.com/grou...RUSTEES_AGENTS which is moderated]

[This link to the death and taxes group with the identical message is good: http://groups.yahoo.com/group/Death-...s/message/1042 ]

Carver

[JCarvingblock]

I just watched the "Occult Origins of Commerce" with Jason Whitney and Jordan Maxwell.

Google Video

Google Video

One hour, seven minutes.

As a result did a search for "Marvin Bryer" and his material on "How to cook a government crook" which can be purchased from law research group or downloaded free several places.

Marvin Bryer, the man who broke the matrix, is an ex-computer programmer who the system pushed too far. He has dedicated himself to exposing the corrupt legal system and has disqualified over 2,000 judges, unraveling the matrix and how it operates in our judicial system.

In this presentation Marvin Bryer will explain how to disqualify any judge and demonstrate how to find fraud within any govt. agency and how to apply that information to your case, in relation to probate, child support issues, criminal, civil etc. Once you demonstrate fraud or a CONFLICT OF INTEREST or even the "APPEARANCE" of a conflict you can disqualify a judge, an entire courthouse, A D.A., a public defender, an administrative agency, etc. According to Marvin there are more ways than one to win...

Marvin will teach you how to use the public records act, who to serve it on and what to look for and how to initiate your lawsuit against a public entity for fraud! He will also discuss how you can go “back in time” into any case and expose their fraud.

(from law research group)
http://www.lawresearchgroup.com/cart/catalog/Marvin-Bryers-How-To-Cook-A-Government-Crook-Seminar-p-63.html

A one-page chart of the financial structure created by Marvin Bryer is attached.

Use care in any application of this material; the slavemasters do not approve.

.