Monday, August 5, 2019

Person

http://freedom-school.com/person-defined.html


Homo vocabulum est naturae; persona juris civilis. Man (homo) is a term of nature; person (persona) of civil law.  Calvin (from Black's Law Dictionary, Second Edition (1910), page 577.)

Homo vocabulum est naturae; persona juris civilis-Man is a term of nature; person of civil law.  Bouvier's Law Dictionary (1914), "Maxim," p. 2136. 

American Law and Procedure, Vol. 13, page 137, 1910: 
"This word 'person' and its scope and bearing in the law, involving, as it does, legal fictions and also apparently [IN APPEARANCE ONLY] natural beings, it is difficult to understand; but it is absolutely necessary to grasp, at whatever cost, a true and proper understanding to the word in all the phases of its proper use.  A person is here not a physical or individual person, but the status or condition with which he is invested.  Not an individual or physical person, but the status, condition or character borne by physical persons.  The law of persons is the law of status or condition."  

As found in Black's Law Dictionary, Sixth Edition, page 1142 Person.  In general usage, a human being (i.e. natural person), though by statute term may include labor organizations, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. See e.g. National labor Relations Act, § 2(1), 29 U.S.C.A. § 152; Uniform Partnership Act, § 2. 

Scope and delineation of term is necessary for determining those to whom Fourteenth Amendment of the national Constitution affords protection since this Amendment expressly applies to "person." 

The word "person" in legal terminology is perceived as a general word which normally includes in its scope a variety of entities other than human beings.  Church of Scientology v. U.S. Dept. of Justice, 612 F.2d 417, 425 (1979) 


United States Code 
TITLE 15 - COMMERCE AND TRADE 
CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE § 7. 

"Person" or "persons" defined The word "person", or "persons", wherever used in sections 1 to 7 of this title shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country. (Emphasis added.) 


United States Code 
TITLE 15 - COMMERCE AND TRADE 
CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE § 12. Definitions; short title 

(a) The word "person" or "persons" wherever used in this Act shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country. (Emphasis added.) 

[Ed. Note: Reader advised to discover legal meaning of "shall" and "include". Reader is asked, Do you see the word "man" or "woman" in these code items? Perhaps they are not "included" or "applicable"?] 


CHAPTER 311. CODE CONSTRUCTION ACT (TEXAS) § 311.005. GENERAL DEFINITIONS. The following definitions apply unless the statute or context in which the word or phrase is used requires a different definition: (2) "Person" includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity

[Ed. Note: Reader advised to discover legal meaning of "includes".] 


Texas Code of Criminal Procedure 
CHAPTER 17A. CORPORATIONS AND ASSOCIATIONS 

Art. 17A.01. APPLICATION AND DEFINITIONS.  This chapter sets out some of the procedural rules applicable to the criminal responsibility of corporations and associations.  Where not in conflict with this chapter, the other chapters of this code apply to corporations and associations

In this code, unless the context requires a different definition: 
(1) "Agent" means a director, officer, employee, or other person authorized to act in behalf of a corporation or association

(2) "Association" means a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest.  

(3) "High managerial agent" means: an officer of a corporation or association; a partner in a partnership; or an agent of a corporation or association who has duties of such responsibility that his conduct may reasonably be assumed to represent the policy of the corporation or association

(4) "Person," "he," and "him" include corporation and association. Added by Acts 1973, 63rd Leg., p. 979, ch. 399, Sec. 2(D), eff. Jan. 1, 1974. (Emphasis added.) 


Art. 17A.02. ALLEGATION OF NAME. 

In alleging the name of a defendant corporation, it is sufficient to state in the complaint, indictment, or information the corporate name, or to state any name or designation by which the corporation is known or may be identified.  It is not necessary to allege that the defendant was lawfully incorporated. (Emphasis added.) 


In alleging the name of a defendant association it is sufficient to state in the complaint, indictment, or information the association's name, or to state any name or designation by which the association is known or may be identified, or to state the name or names of one or more members of the association, referring to the unnamed members as "others."  It is not necessary to allege the legal form of the association.  Added by Acts 

1973, 63rd Leg., p. 979, ch. 399, Sec. 2(D), eff. Jan. 1, 1974. 


The Texas Penal Code clearly is law to be administered and enforced against a person(s) i.e. Texas Government Code section 311.005(2); CCP Art 17A.01(4).  However, the Penal Code fails to include the term "Sovereign."  Numerous courts have held that statutes must be specific and that for a Sovereign to be bound by statute, the Sovereign must be specifically named.  And without a doubt a sui juris man / woman is a Sovereign. [Ed. Note: Reader is advised to get to known sui furls.] 


By way of example, the Michigan Supreme Court and the United States Supreme Court concurred and made it perfectly clear that the term "person" does not include the "Sovereign" and that for a Sovereign to be bound by statute the Sovereign must be "specifically named."  Will v. Michigan state Police, 105 L.Ed. 2nd 45 (1938) "Since in common usage, the term "person" does not include the SovereignStatutes employing the phrase are ordinarily construed to exclude it."  United States v. Fox, 94 US 315.

Texas Rules of Civil Procedure - RULE 52. ALLEGING A CORPORATION 

An allegation that a corporation is incorporated shall be taken as true, unless denied by the affidavit of the adverse party, his agent or attorney, whether such corporation is a public or private corporation and however created. 

2010 Florida Statutes 

F.S. 760.02 Definitions. 

(6)“Person” includes an individual, association, corporation, joint apprenticeship committee, joint-stock company, labor union, legal representative, mutual company, partnership, receiver, trust, trustee in bankruptcy, or unincorporated organization; any other legal or commercial entity; the state; or any governmental entity or agency.

Monday, July 29, 2019

Sir William Blackstone of Blackstone’s Law Dictionary, with his many teachings on common law

https://www.freedom-school.com/aware/answer-to-the-enigma-of-a-capitalized-name.pdf

Sir William Blackstone of Blackstone’s Law Dictionary, with his many teachings on common law lays the lawful foundation of the Constitutional Republic and American justice.  Both America and the Dominion of Canada were founded under common law jurisdiction and the unalienable rights and freedoms enjoyed by our forefathers.  The right to life, liberty and property, for instance, are lawful claims not legal privileges – the right to justice not sympathy.  Legal privileges and sympathy sway with the wind and times, whereas unalienable rights supersede convention and legalityLawful Government must uphold and protect the unalienable rights of its born or naturalized citizens.  However, there is a second status of "person" or "individual" with which many people are unfamiliar.  This legal or fictional "person" can also be described as similar to the straw man, as in the "persona" born without a brain in the movie Wizard of Oz.  This also describes the persona of a Corporation – a legal fiction without a brain, except that is, for "its" articles of incorporation that define "its" character and legal capacity.  Due to the fact, a Corporate entity has no life of "its" own, and that "it" serves only itself, "it" must derive "its" life from sources external to "itself" which is why Corporate entities often become such liabilities to both the individual and community within which they function.  Unlike a natural person with autonomous volition, an entity or legal fiction not only doesn’t have a brain, but also lacks the ability to act morally.  Indeed, Corporations often violate human rights codes outlawing slavery by classifying natural persons as resources whom they include in the sale of the Corporation or entity as "intellectual property" or "good will."  A straw man, legal fiction or entity could be likened to the image of yourself when you look into a mirror.  The image looks like or has the "color" of you as in the "color of law," and even moves like you - but "it" is not the real, flesh and blood, you.  However, within the legal scheme of things, you "volunteer" to become this image, fiction or entity through an involuntary or voluntary act of legal joinder every time you file a domestic income tax return or apply for a driver license (invisible contracts).  This license is issued not to you, but to the entity.

Sunday, July 28, 2019

America has been attacked and occupied by Corporate or pirate ships of war

https://www.freedom-school.com/aware/answer-to-the-enigma-of-a-capitalized-name.pdf

Through obfuscation and trickery America has been attacked and occupied by Corporate or pirate ships of war, which are the privately owned Federal Reserve and the IRS.  Under Admiralty jurisdiction, commercial pirates have kidnapped and commandeered the American people into servitude.  In fact, American’s today enjoy a legal status no different from that of the Amistad Africans had they been found by the United States Supreme Court to be slaves or items of cargo owned by Spain and/or Spain’s representatives.  Under terms used to facilitate slavery i.e., cargo, inventory etc., both Americans and Canadians now fall under these definitions i.e., as articles of commerce under Admiralty law and the UCC (Universal Commercial Code).  America and Canada have been surreptitiously hijacked by pirates under "color of law."  It should be emphasized; piracy and kidnapping are crimes under most lawful jurisdictions.  In law, today’s Admiralty courts are accessories to piracy.


Links:


https://sovereign-souverain.blogspot.com/2009/10/inheritance-remedy-18.html


https://supreme.justia.com/cases/federal/us/201/43/




http://www.truthsetsusfree.com/MeetYourStrawMan.pdf


https://giftoftruth.files.wordpress.com/2013/04/redemption-manual-4-5-edition.pdf


http://www.defendruralamerica.com/files/DSCooperativeFederalism.pdf


https://lipsynclawyer.wordpress.com/2016/12/19/cqv-act-1666/


https://www.youtube.com/watch?v=8nEA0pfyY-s&list=PLTx9nJvmMQQ1LnSHVPLfyaaA-HQTow12B&index=7


https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Certificates-Non-Citizen-Nationality.html


https://xcomputerdavex.blogspot.com/

















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Friday, July 26, 2019

Bouvier's Law Dictionary - 1856 Edition

https://www.1215.org/lawnotes/bouvier/bouvier.htm

WHAT IS A "PERSON"?

https://livingintheprivate.blogspot.com/p/what-is-person.html

Thursday, July 25, 2019

etymology online - etymonline

https://www.etymonline.com/