
The
Uniform Bonding Code – (UBC)
Modern Bonding Practice
With the advent of powerful computers has
come the responsibility of analyzing data much more quickly and thoroughly and
in terms of the general economic principles of Leontief Input-Output Matrix
Analysis. (See Wassily Leontief, Studies in the Structure of the American
Economy, and Wassily Leontief, “The World Economy in the Year 2000,” in
Scientific American, September 1980. Wassily Leontief was the 1973 Nobel
Prize winner in Economics.)
In the modern
system of wagering, as applied to insurance and malpractice bonding, several
political-legal-economic factors including Legislation, Judication, Execution
(enforcement) and the behavior of the general public are treated mathematically
as separate industries within the legal system, with the result that these
industries can be interrelated b a system of feedback equations and
computations, the individual workings and behavior of each industry can be much
more closely monitored, and the behavior of the government and public can be
predicted and manipulated.
This amounts to the application of
feedback computing to reliable gambling on the economic success or
outcome of any given statute or legal process. It results in a scientific
bonding system, and results in the transfer of the power and authority of
government over to the bonding companies where it belongs if governments do not
want to behave themselves. (Money talks, bonding
controls.)
The Bonding Problem
As human population increases and mutual
human tolerance decreases, municipal corporations tend to become less sensitive
to individual human needs and tend to become more antisocial toward the public.
It has been put crudely that municipal corporations become slaughterhouse
operations with law enforcement officers running the sledgehammer department.
Judges ignore the rights of the people and legislators generate heaps of laws,
without perfecting the ones already existing to make them fit for bonding.
Defective statutes and defective legal processes become an invitation for every
sort of official malpractice and malfeasance including economic oppression, and
the public, in retaliation, begins suing for every injury, putting the heat on
the bonding companies.
The Solution
In order to
survive in the commercial marketplace, the smaller bonding companies have had to
become more selective and scientific in their bonding practice.
In the past,
bonding was based on marketing a bond which covered a broad aggregate of
“bondable” objects, acts and persons.
When a large
claim was made against a small bonding company, the claim could bankrupt the
small company, especially if the company could not collect its corresponding
funds from the parent bonding underwriter.
By partitioning
the coverage better, and by excluding persons of an antisocial disposition, the
claims could be minimized, thus favoring solvency of the bonding company.
In the old
aggregate system, an antisocial enforcement officer operating on an unbounded
statute using an unbonded enforcement process could create a monstrous civil
rights or constitutional claim against the bonding company which was
underwriting the general bond on the municipal corporation for which the officer
worked. In order to maintain credibility in the bonding marketplace, the
bonding company would have to pay off the claim against the bond even though the
official act was criminal instead of civil. (Birds of one
feather.) If in addition, the municipal corporation was operated by an
antisocial office staff, it would tend to support, and retain in employment, the
antisocial enforcement officer rather than the more civilized officers on the
staff, if for no other reason than because an antisocial officer was more likely
to bully the public into dropping malpractice suits and paying revenue into the
corporate coffers, and thereby keep the corporate paychecks coming.
When such an
antisocial corporation would get sued, as inevitably would happen, the bonding
company working under the old system of aggregate bonding, would get ripped to
shreds, perhaps even bankrupted. Of course, the injured bonding company would
tell the municipal corporation to take its business elsewhere, and the next
bonding company, being somewhat more cautious, might refuse to bond the
corporation, or ask a larger premium to cover the gambling risk. Ultimately the
municipal corporation would not be able to buy a bond due to its “track record”
and the consequent high cost of bonding, with the result that the municipal
corporation would resort to what is called “self-bonding.”
In the past,
the state incorporation laws have required all corporations engaged in
business potentially hazardous to the public safety, health and welfare, to be
bonded against public accident and the malpractice of their officers, but more
recently “self-bonding” has become a state-condoned option extended to municipal
corporations to insulate them against prosecution for violation of the general
state incorporation laws which demand public hazard licensing and bonding for
all corporations. A corporation that is “self-bonded” is a limited
corporation (ltd.) with a low ceiling of limited liability. The term,
“self-bonded,” is a fraudulent misrepresentation of the corporate liability
status. It says in effect that the payment of the commercial debts of the
corporation will take second place to the payment of the malpractice obligations
of the corporations. Furthermore, “self-bonding” cannot possibly be expected to
cover the anti-civil rights and anti-constitutional malpractice potential of
today’s modern antisocial municipal corporations. Simply put, “self-bonding” is
“no-bonding;” it is corporate limited liability misrepresentation and fraud.
(Bonding is
valid only when it is provided by an independent third party money wagering pool
with no conflict of interest and no possibility of the bonded party dipping into
the till.)
In order to
pull out of the municipal corporate bonding rat race, the smaller bonding
companies have had to adopt a set of bonding policies aimed at segregation,
partitioning, and making more certain, their liabilities in the bonding
marketplace. The following excerpts from the Uniform Bonding Code contains a
presentation of those policies.
Claims Access Pursuant to Civil Rights
Law
Improper
enforcements which run counter to the U.S. Constitution can involve as many as
thirty-five (35) violations of the provisions of the United States Constitution
valued per 18 USC 241 at $10,000 per constitutional violation, per
offense, per officer, per injured party when the officer is acting as a part of
a law enforcement agency effort.
The civil value
is therefore approximately $350,000 per enforcement offense, per enforcement
officer, per injured party.
The statutes
enabling the suit and civil claim are part of the Federal Civil Rights Act of
1871. (42 USC 1983, 1985, 1986 . . .) These statutes guarantee, among
other things, the equal protection of the law for racial minority groups.
Although the argument is commonly raised that these statutes apply only
to racial minority population groups, they actually apply to
racial discrimination regardless of the race and regardless of the
population of the group.
The application
of these equal protection statutes to only racial minority population groups
would create a racial discrimination against racial majority population groups,
and hence impose a “justice minority” situation upon the racial majority
population groups. But this would make the racial minority statutes applicable
to a majority race, because the intended purpose of the statute is
to eliminate the prejudicial discrimination
of the law and its enforcement, not to
favor any specific race, color, creed, religious faith, sec or population group
(be it small or large).
The issue can
be made even clearer by a second very appropriate example. The legal
profession’s labor union, the Bar Association, was established immediately after
the Civil War to substitute a system of general slavery to replace the old
system of black slavery, by guaranteeing a monopoly of the courts for attorneys,
judges and municipal corporations (city, county, state). This labor union, the
Bar Association, has forbidden anyone but union (Bar) attorneys to give legal
advice, and has prevented anyone from being assisted in court by a non-union
lawyer or by a non-lawyer, thus converting the courts into closed union shops.
This corresponds to pre-Civil War United States wherein blacks were not taught
to read and were not allowed to get a public education lest they become strong
enough persons to speak out against their repression and overthrow their slavemasters.
The
unionization of the legal system by the Bar Association makes the people
individually, and the public as a whole, a legal justice minority group with
access to the Civil Rights Act of 1871and to 42 USC 1983, 1985 and 1986.
The bar
association act in violation of anti-trust and anti-monopoly laws of the U.S.
Organized Crime in Government
Government
officials maintain control of the courts by “licensing lawyers” and by
forbidding the common citizens to “practice law” or give “legal advice,” three
phrases which have never been adequately defined for any statute. To protect
government dominance, “law schools” are the only schools allowed to teach law,
and specifically “safe law” (attornment). To protect malfeasance, attorneys are
forbidden to file criminal complaints against malfeasance officials, officer and
clerks and against officers of other corporations. If they disobey, they lose
their “license to practice law.” Similarly, when the citizen files a criminal
complaint against a public official, the prosecutor is expected to protect the
public official from prosecution for official malfeasance by exercising some
mystical doctrine of “selective prosecution” (an act of misprision of crime)
which is nothing more or less than an excuse for legal prejudice to issue from
the prosecutor’s office calculated to overthrow the public’s legal redress
against official malfeasance.
Bonding of Governments in General
Conclusion
A government
(its officials, its officers, and its clerks) will not be bonded:
-
if it does not eliminate
its own internal malfeasance with the same diligence that it pursues civilian
felons. (In other words, a government shall clean its own nest thoroughly),
-
if it rules by force
without reason and/or without the consent of the people which it governs. In
such a case it shall be deemed a criminal government and its officials,
officers, and clerks shall be deemed criminally malfeasant,
-
if it behaves with malice
or with deliberate contempt or rudeness towards its citizens.
“Let us
contemplate our forefathers, and posterity and resolve to maintain the rights
bequeathed to us from the former, for the sake of the latter. The necessity of
the times, more than ever, calls for our outmost circumspection, deliberation,
fortitude and perseverance. Let us remember that ‘if we suffer tamely a
lawless attack upon our liberty, we encourage it, and involves others in our
doom.’ It is a very serious consideration . . . that millions yet unborn may be
the miserable shares of the event.”
Samuel Adams
Speech (1771)
1.0 LEGISLATIVE INPUT
Input Definitions and Principles
Words called
terms are used to construct the ships of state called statutes. When the terms
are not properly defined, the statutes become like ships without rudders. They
move easily in any direction and do all manner of damage on the rivers of life.
TERMS WITHOUT DEFINITIONS ARE THE DAGGERS
OF LAW
The
Input/Definitions and Principles of Legislation will be bonded
only if the bonding company finds that:
-
all “common
terms” in the stated principles are used according to their common dictionary definition,
-
all special terms in the states
principles are exhaustively
-
listed, and
-
defined using “common terms.”
-
The
“Principles” are universally accepted as true---also called “Axioms of Law.” Or
“Maxims of Law.”
A
simple example of an Axiom or Maxim
of Law would be:
(Definition: “Hire”
= a wage or reward for work.)
(Axiom/Maxim: [A
workman is worthy of his hire.)
1.1 BONDING AND
DEFINITIONS
GENERAL CONCEPTS
--
COMMERCIAL CONSIDERATIONS -
(Definitions,
Principles, Axioms, Maxims)
The bondability
of a
statute. (Legislative), the bondability of the
process created and used to enforce a statute (Judicative), and the bondability
of the act of enforcement and of the enforcement
officer (Executive) all rest
primarily and absolutely upon the
ability to write a binding contract in
very
definite
terms between the bonding company and the bonded
party or parties. No bonding company
will enter into a bonding agreement unless the definitive terms of the bonding
contract are laid out to the precision that
is likely to be tested by public claims against the bond.
The Legislative Bond: A
statute, in order to be bondable, must satisfactorily
define the terms and concepts used or involved in the construction of the statute.
(A
statute shall not be bonded if the terms and concepts of the subject matter of the statute are not both exhaustively listed and clearly
defined.)
Definitions
(ordinary)
Malfeasance:
- Unlawful or wrongful act.
-
Wrongdoing in general.
Malpractice:
- Improper or illegal treatment (Med).
-
Improper or immoral conduct.
Crime:
-(A) An act that subjects the doer to
legal punishment.
-(B)
The commission or omission of an act
specifically
forbidden or enjoined by public law.
-(C) Any grave offense against morality or social order.
Criminal:
-
Penal law vs. criminal law.
-
Implying crime or heinous wickedness.
Civil:
-
Citizen rather than ecclesiastical or military.
Civil Law:
-
Legal relations between citizens or between citizen and state
-
legal rights.
Slander:
- Oral malicious falsehood.
Libel:
- Written slander.
1.2 BONDING AND
PRINCIPLES/MAXIMS
Statutes are the
motor vehicles of government. They are used to
collect revenue, to collect power and to provide public
service.
Properly
constructed statutes serve the public properly, poorly constructed statutes
poorly, or destructively.
A defective
statute is easily misused.
The easy misuse
of a statute is an invitation to a rampant misuse of
the statute.
If a statute can
be misused to get money or power, its misuse is likely.
If a statute can
easily be misused to get money or power, its misuse
is virtually certain.
Defective
statutes invite the deliberate misuse of the statutes.
Deliberate misuse
(misapplication) of a statute is a criminal act.
The lack of job
insurance/bonding makes people personally more
cautious, causing a decrease in accidents,
negligence, malfeasance and crime.
The
cost of bonding premiums discourages negligence.
The bonding of negligence
encourages the commission of negligence on the part of the people who do not pay the premium.
A
bonding company shall not bond negligence.
No statutes are bonded against deliberate misuse, i.e., criminal use.
If malfeasance (criminal
malpractice) were to be bonded, that bonding would encourage
malfeasance.
Malfeasance if unchecked will multiply.
Therefore, a
bonding company shall not bond malfeasance or criminal malpractice.
Criminal acts include acts committed in violation of a citizen's constitutional rights and in violation of guarantees of equal protection of the law (civil rights).
Statutes which encourage criminal acts in order to enforce the statutes are not bondable statutes.
The bonding of criminal acts would encourage the commission of criminal acts, hence criminal acts (crimes) cannot be bonded.
Bonding companies are not required to bond what they do not want to bond.
A bonding company
only pays claims for damages against a bond which it sells/issues.
A bonding company must pay a claim on a bond which it has sold if the
condition of the bond claim is satisfied.
A bonding company
will not bond a defective statute because it
does not want to pay the claim on the misuse of the
statute.
Bonding a
defective statute is an invitation to bankruptcy.
2.0 LEGISLATIVE
CONTROL
The
control/logic of legislation will be bonded only if the bonding company finds to its
satisfaction that:
-
the definitions of the terms used in the logic are bonded.
-
the principles used in the logic are bonded.
-
the
logic
being
used to design the statute
tests, and the conclusions
obtained
represent, all of the possible combinations of principles and applications (situations) for which the specific statute is being designed, and
-
none of the
conclusions derived from the cited tested combination
of principles and applications
contradicts any condition. or condition known to
be wholesome to the civilization.
-
if a conclusion logically derived from the cited tested combination of principles and applications contradicts any condition known to be wholesome to civilization,
then the reason for the contradiction has been pursued relentlessly until the cause of the contradiction has been understood
perfectly, lest the definition, the principles, the logic or the understanding of the application be faulty.
-
a
complete record has been kept of the definitions, principles and logic underlying the design of the statute and that record is publicly available.
2.1 -
BONDING PUBLIC EDUCATION
RE: Right vs. Wrong
It is said that ignorance of the law is no excuse for wrong action; that all persons are presumed to know
the difference between right and wrong, hence know the law. If that is true:
-
there would be
no reason for public education and the
practice of law,
-
then there
would be no reason to have law schools,
-
Then there
would be no reason why citizens could not
"practice law without a license,"
-
then there would be no reason why a
citizen should not or could not sit
beside a friend in court and counsel him or her.
Thomas Jefferson put it well when he said, "I know no safe depository of the ultimate powers of the society but the people themselves: and if we think them not enlightened
enough to exercise their control
with a( wholesome
discretion, the remedy is not to take it from them, but to inform their discretion." Thomas Jefferson's Letter, September 28, 1820. (Source??)
What he
said was that the common public should be able to "practice law without a license"
and to be able to do so, they should be given a public education in law.
The public and the
bonding companies would both benefit from such
a situation. It would eliminate the professional law
conspiracy which preserves the malfeasance of public officials, injures the
public, and
precipitates most of the claims against bonding companies.
Therefore, bonding
companies shall engage the policy that they
shall not bond (insure) public schools which do not teach their student body law
and "the
practice of law," and specifically shall not bond public schools which do not
teach:
-
the Declaration of Independence,
-
the United
States Constitution,
-
the method of writing an event log for a
court case,
-
the method of compiling a
document log,
-
the method of compiling a
document analysis log,
-
the method of analyzing legal briefs, civil complaints and criminal charges,
-
the method of writing affidavits,
-
the method of writing and filing U. S. criminal
complaints,
-
the method of writing a
quality contract,
-
the method of
composing expository information for distribution on the street,
-
the method of distressing and liening property, and
-
several other processes
valuable to citizens for securing their rights against, and overthrowing the malfeasance of public officials.
A
public official, clerk or servant shall lose his bond:
-
if he interferes with the education of the public in matters of law and the "practice of law,"
-
if he refuses to give to a
citizen legal advice about a process with which he isfamiliar or if he refuses to give to a citizen legal advice which he
is qualified to give because of his familiarity with and pertaining to the normal course of his public service. But no public servant or citizen shall be held legally liable for any information which he shall give when it is given upon demand, pursuant to a
citizen's written or spoken writ of mandamus (an order to come to one's aid), pursuant to 42
USC 1986, the brother's keeper statute of the United States.
-
if he injures or oppresses any citizen who is acting in good faith and good behavior with a
genuine and honest intent to practice law and/or to give legal counsel or assistance to other,
-
if he
tries to get a citizen prosecuted for "practice of law without a
license" where there is no clear evidence of false advertising, fraud
or injury to the party being counseled,
-
if he tries
to get a citizen prosecuted for "practice of law
without a license" in order to eliminate competition in a litigation, a legal process or
the legal industry generally,
-
if he operates a
court of the legal system as a
facility of a legal labor union (bar association) reserved for state licensed attorneys only, that is as a closed union shop.
2.2 - Bonding Taxation Statutes
Just Compensation vs. Fraudulent
Taxation
A
government/public trust is supposed to operate on taxes, and if
a government operates commercial enterprises using
tax money in competition with a free enterprise public,
then the money of the citizens is being used in
competition with the citizens, and that will discourage
the payment and collection of taxes. It will cause tax
rebellion. (Conflict of interest) Therefore, all
revenue raised by a government's offices of public trust
must be obtained by the performance of
public
service
not
provided by
ordinary free
enterprise
businesses. Public service is the only sort of business in which a government is supposed
to be employed.
("Nor shall
private property [taxes] be taken for public use
without
-Lust
compensation [valuable, publicly needed and publicly wanted service
rendered by government]"). - The 16th so-called amendment of the U.S. Constitution does not base the
assessment of taxes on services rendered by
the
government
for
the
public
but rather upon the services rendered by public citizens for third parties, hence, the 16th so-called amendment of the U.S. Constitution violates the 5th socalled amendment of the U.S. Constitution.
Essentially, the only lawful
personal
tax
assessable for operating a
government is a
per
capita_ tax determined by dividing the cost of operating the government by the number of emancipated citizens (or persons of majority age-eighteen years old or older).
(A U.S.
constitutional 5th so-called Amendment system of
taxation based on just compensation requires a per capita tax.)
(uniform)
A legislator will
not be bonded if he legislates or attempts to
legislate a law to create a source of revenue without
providing an equally valuable public service which the
public needs and wants. (Just compensation)
In the U.S.
constitutional 16th so-called amendment
deduction system of taxation there are three economic industries:
-
capital,
-
goods, and services
-
(labor).
Each has a one hundred per cent (100%) deductibility of overhead.
Therefore, the common man who works to
support his family can deduct all of
his household expenses for his part of providing the labor force of the nation. There would
be nothing left to tax. Originally, the U.S. 16th
so-called
amendment
applied
only to corporate income. Since its beginning, its wording, "Taxation on income from whatever
source
derived." has been applied by the I.R.S.:
-
to the common
laboring household although it is 100%
deductible,
-
to gifts and
inheritance to which the government has
contributed no
valuable, service, which funds are, therefore, being taxed twice,
-
to collecting
taxes on crime, namely, bank robbery, organized
crime and hard drug sales (25% excise
tax), making the government a beneficiary of,
hence favorable toward, the commission of
paying crime.
Furthermore, the
Social Security System of the I.R.S. operates a
fraudulent insurance/bonding scheme in competition
with honest free enterprise insurance/bonding
companies, as follows.
If a husband and
wife both pay into the Social Security
insurance system out of their common social and commercial
conjugal relationship, and if one dies, the other gets
the payment of the Social Security benefit on only
one person. This is a mutual financial sacrifice of two
people joined as one social commercial unit, paid back
only
partially to the surviving person. That is blatant insurance fraud on the part of the Social Security insurance system, and the Social Security system finances so many social service programs which it was never intended for,
that it is in constant financial
trouble.
A sales tax is no
better. Federal Law (Title 42 of the
U.S.
Code) includes an anti-peonage law which declares that no natural person (citizen)
can be compelled to work for free
(not even to collect taxes or do
bookkeeping for the I.R.S. or the state sales tax commissions). Even if the government agrees
to pay for the collection of the
taxes, the law allows that a citizen
can refuse to work for any specific person or organization.
Also, many persons
do not believe it to be patriotic to pay
taxes to the I.R.S. The I.R.S. is a Rothschild
enterprise, not a part of the U.S. government, and
there has been a movement in government to brand as right
wing anti-Semites, those Patriots who point out the
fact that the I.R.S., the Federal Reserve, and the FDIC are all well known
financial enterprises of the Jewish
Rothschild family of Europe. In fact,
much of the tax protest movement, and much of the civil rights violations heaped on
citizens by the legal establishment
because of tax rebellion, arise out
of the now common knowledge that the "national debt" has been created by a sequence of wars
financed on both sides by the Rothschild family to force the U.S. to borrow money from Rothschild banks, creating an attachment of all U.S. property as
collateral to pay off Rothschild war
loans. The vociferates of anti-Semitism
are not coming from common Jews, but from the Rothschild banking system which detests
having the burglar's mask ripped off
its face, and which uses
anti-Semitism as a decoy.
(It should be
clear that it is pure financial insanity to bond
any statutes, processes or enforcements
connected with any form of tax collection other than those
based upon a per capita tax.)
2.3 -
BONDING EXIGENCY STATUTES
Statutory Fraud
(Emotional Urgent Necessity
Statutes)
A legislator is
said to be engaging in the confidence game
of
statutory
fraud when he by the legislation of statute(s) creates a false
problem for, or artificial or fraudulent need in, any citizen or group of citizens in order:
-
to justify the
creation of the capacity to offer a solution
for the false problem created, or
-
to justify the collection of taxes or revenue to finance the solution of the problem created.
A
fraudulent need or want is a need or want which:
-
has not been
solicited by the public, or
-
has been pawned
off on the public
-
by coercive
suggestion
-
by lack of representation, or
-
by
misrepresentation of its consequences
-
for the good of
the many at the expense of
individual liberty or
property, or
-
for the good
of any one at the expense of the
freedom of many (lottery), and
-
which is not a
valuable service to the public generally.
A legislator is
said to be engaging in statutory
fraud when he creates a false source or apparent
source of supply (a false solution)
for any citizen or group of citizens
in order
-
to create, for
the government, the capacity to
create problems for the public, or
-
to create, for the government, a source of revenue (e.g., the lottery).
BONDING vs.
LOTTERY
Responsible
Wagering versus Non-Responsible Wagering
Taxation Without
Representation
An Example of the
creation of a fraudulent need or want or an
apparent source of supply is the operation of a state
lottery. Such a system is
solicited
by
the
public, because a large portion of the public likes
to, hence wants to, gamble. However,
the consequences of a state lottery
are not honestly represented to the public by the state, and the lottery does
not render a valuable service for the
public. Money from the lottery gives
state high officials a sense of
independence which makes them feel that they can do without bonding and can risk malfeasance
because they have adequate funds
with which to manipulate inferior
officers, clerks and the public.
Although bonding is wagering-you might
call it insurance- set free from the
behavioral restrictions of bonding
by its monetary wealth, the state will degenerate to an organized crime syndicate
and resort to the seizure of
substance (real estate, etc.) and the means of the conveyance of substance
(waterways, etc.), by condemnation
(eminent domain), and by issuing
letters of marque and reprisal (orders to march and seize) to mercenary law enforcement
officers/UN troops.
Legislators who
legislate a potentially publicly hazardous statute, must themselves be bonded
against
the possibility of being sued for any misuse of that statute which
could arise as a consequence of the defective
construction of the statute.
A legislator will
not be bonded if he legislates or attempts to
legislate a law to create a source of revenue without
providing an equally valuable public service which the
public needs and wants (just compensation).
A Solution in
Need of Problems - Environmentalism
Governments create
causes and problems in order to justify taxation
and political domination. They always need a credible
enemy to create the urgent necessity to ask for more
money and to make more laws for "the good of the public" and
"in the interest of national security."
To obtain the
"consent of the public," governments create problems, or scenarios of problems,
so that they will be able to
offer solutions which an ignorant and somewhat gullible
and self-serving public will buy.
The classic
political example is the now publicly known strategy by
which President F. D. Roosevelt and Winston Churchill
maneuvered the Japanese into attacking the U. S. fleet at Pearl Harbor, December 7, 1941. [footnote: Theobald, Rear Admiral Robert A.,
The
Final Secret of Pearl Harbor, Publisher, date. and Barnes, Harry Elmer,
Pearl Harbor After A Quarter of A
Century, Publisher, Date.]
Although there
are many very real environmental problems,
environmentalism as a political lever is the latest trick to obtain the "consent of the
public." It is legally known as
The
New
World
Order;it is economically known as Globalism. "Environmental" statutes must be closely examined for
exigency fraud. [Footnote: Hage,
Wayne, Storm Over Rangelands, P.O. Box 1085,
Tonopah NV 89049. $15.]
Some of the
exigency statutes of present day governments are
designed by banking and military war games computers.
The economic war games computers are the new guns of
governments, firing statutes and economic and
social situations as bullets. [Footnote: Lewin, Leonard
C.,
A
Report From Iron Mountain, Pub? Date? and "Silent Weapons For Quiet Wars,
America's
Promise Newsletter, P.O. Box 30,000,
Phoenix AZ 85046]
2.4 -
BONDING INSURANCE STATUTES
Compulsory Insurance
The bonding of
statutes which require natural persons
(non-incorporated persons) to purchase insurance, must be very carefully analyzed, and be regarded
with
the
utmost
caution. As a general rule, it is against the law for any entity to compel any citizen to pay any wager or premium for the privilege of not being injured or for the
privilege of not being threatened
with injury (Protection Insurance
Racketeering). [Footnote: U.S. R.I.C.O.
Laws]
Corporations may
be required by the state in which they are
incorporated, to purchase public hazard insurance because
the corporation, being an artificial/paper
person (a legal fiction), is regarded as having no conscience other than the
state, making the state as a silent partner of the corporation, financially
responsible for the acts of the corporation.
(That which the liege-lord giveth, the liege-lord taketh
away.) When the benefit which the state gives to the
corporation is limited liability, which is a
limited commercial responsibility to the commercial public, to a reasonable
extent, then the state must protect
the commercial public to a reasonable extent
from a potential lack of commercial responsibility of the corporation or from a
tendency
toward a potential lack of commercial responsibility of the corporation,
by requiring the corporation to purchase hazard bonding. This requirement
protects the public from some
losses, and protects the state from some civil liability, by a showing of commercial good faith action.
Compulsory Motor
Vehicle Insurance
Citizens are required to surrender the ultimate title of
ownership of their motor vehicles (the manufacturer's statement of origin/MSO) to their respective states in exchange for a
certificate of
title of
ownership and license plates. The state owns the vehicle because it hold the ultimate title to the motor vehicle. The citizen has the permission to use the vehicle. The permission can be revoked at any time by the state.
[Tennessee Department of Revenue Operations Supervisor, Denise Rottero, before Judge Greer. She explained
Tennessee's
auto registration process.]
The vehicle can be seized and auctioned off to provide revenue for the state. For
example,
the state of Oregon seizes and auctions citizens' motor vehicles as a penalty for soliciting a prostitute; proving that the auto belongs to the state.
Because the state has the ultimate ownership of all of the vehicles used by all of its citizens, the state also
has the ultimate liability for all accidents in which those vehicles become involved. This is a
potential
reason for the state to compel citizens to purchase motor vehicle insurance.
Another reason is obvious. The state is a silent partner in every insurance corporation incorporated in that state, and so, many of the insurance companies within the state are mere alter egos or "second selves" of the state. In this insurance scheme the state makes it mandatory for the citizen to buy a product which the state is selling. The individual state will get part of the insurance business; the interstate insurance companies, regulated by the United States Securities and Exchange Commission, will get the remainder of the insurance business.
Also, states need civil
malpractice insurance. This sort
of insurance comes from "above", from interstate insurance companies and
international
maritime
insurance
companies such as Rothschild, so, some states prostitute their legislative power as an inducement to get insurance companies to give them a better payment rate for their own malpractice insurance coverage premiums for their own corporate activities, by compelling citizens to purchase motor vehicle insurance.
In any compulsory motor
vehicle insurance scheme, a citizen's
purchase of motor vehicle insurance is guaranteed by a
threat of injury in the form of a suspension of the
driver's license, seizure of the vehicle, fines and
imprisonment if the citizen does not comply with the
state's mandate. This creates the basic fabric of a protection insurance racket, hence a very real credibility problem for insurance and bonding companies.
The bonding problem gets really nasty when a judge compels a citizen to either buy auto insurance or to quite driving
"his" (the
"citizen's") car. Because a bond or insurance is only a promise to pay and not a tangible product, a citizen can lawfully and rightfully argue that,
like a savings and loan or a bank, an insurance bonding/bonding company might not be around when damage is done and it is time for a claim payoff. Therefore the citizen can lawfully guarantee the auto insurance policy by putting a common law lien on enough of the property of the law enforcement officer and the judge to cover the face value of the insurance policy.
"This commercial lien cannot be removed."
"A federal R.I.C.O. action
against the
enforcement officer and the judge can also compel them to pay all of the premiums for all of the persons whom they have compelled to buy insurance."
The voluntary purchasing of
motor
vehicle
insurance
is smart. It is a good investment. But compulsory purchase of any sort
of insurance in order to continue the daily act of living is protection insurance racketeering. Any bonding company which bonds compulsory motor vehicle
insurance statutes is going to have big unresolvable problems, and any officer or
judge who enforces compulsory motor
vehicle insurance statutes is laying
himself wide open to economic ruin.
3.0 - LEGISLATIVE OUTPUT
The
Output
Conclusion of legislation will be bonded and become a valid and lawful
statute thereby, only if the bonding
company finds that:
-
the
definitions of the terms used in the conclusion are
bonded,
-
the principles
used in the conclusion are bonded,
-
the logic used
in the conclusion is bonded,
-
the conclusion
has been presented to the public, has been
negatively criticized because of its construction or effect,
then, the conclusion has
been returned to the analysis and logic
stage to test and justify its construction and effect, and
-
the
legislated conclusion, after it has been subjected to
public scrutiny and further analysis, is economically feasible for a wager on
its public application. If it survives this last step, the conclusion is said to be perfected for legislative bonding, and becomes a
judiciable statute [FN: "A legislative
conclusion becomes a valid and lawful
statute only if it is legislatively
bonded."]
4.0 -
JUDICATIVE INPUT, GENERALLY
An official, officer or clerk will not be bonded:
-
if he
uses the power of his public office, or his position in that office, or his power of enforcement
-
to
harass or to
oppress a citizen, or
-
to
create,
obstacles to
prevent a citizen from
exercising his
remedies by the due course of law.
-
if he
deprives or hinders a citizen in the free exercise of
rights guaranteed or of the equal protection of the law guaranteed by the constitution of the state by which the
officer is employed, or guaranteed by the National constitution or of the state
into which the officer's work takes him.
-
if he
interferes in a citizen's U.S. constitutional
first (so-called) amendment
-
legislative
rights of freedom of religion,
-
Judicative
rights of freedom of speech and freedom of the press (the right to access the court of public opinion), and/or
-
Executive
rights to peaceably assemble and petition the
government for a redress of
grievances (i.e., file civil and criminal
complaints-especially against
malfeasant public officials).
-
FN "If he will
not file or receive the filing of a criminal" complaint [no filing fee is required] against
a public official. which such is necessary
to curb the malfeasance of that official."
(See also - Bonding of District Attorneys,
infra.)
4.1 - Judicative Input, Specifically
The process of
receipt of date
input/allegations for judication by the government will be
bonded only if the bonding company
finds that no act was committed by
any official, officer or clerk:
-
to ridicule,
harass, oppress, injure or punish the
citizen for submission or attempting to
submit affidavits, allegations, arguments, claims,
criminal complaints and/or damages for consideration, litigation or prosecution, or
-
hinder or prevent the composition (writing), receiving, filing or processing of the citizen's affidavits,
allegations, arguments, considerations, claims, criminal complaints and/or demands.
This
rule also applies to the composition, receiving, filing and processing of affidavits, allegations, arguments, claims, criminal complaints and demands of prisoners. For example, the enforcement process of an enforcement officer will not be bonded if the judicial
process of
receipt of
data
input/affidavits . . . is
not
bonded, or is
not
bondable.
Example:
Translation (If it is found that an accused person was not allowed by an official or clerk to file a
counter complaint with the prosecuting attorney, then the official process of the complaint against the accused party, and all official processes thereafter will not be bonded unless and until this defect of process is rectified and the accused party has had adequate time and opportunity to recover from the damage caused by being denied the opportunity to file the said counter complaint.) An officer sued for false imprisonment for violation of the equal protection of the law (here the prisoner's right to counter complaint) because of an unbondable judicial process of failing to receive data input, will pay for the damage out of municipal. corporate property or his
own
personal
property.
5.0 - JUDICATIVE CONTROL
The
court
rules,
jurisdiction, and the processes of
consideration of affidavits and other filings,
litigation, and prosecution will be bonded only if the bonding company finds that:
Court Rules
-
The
general
rules or
local
rules of the court contain an explanation of the purpose for existence of each and every rule so
that the purpose of the
rule will take priority over the wording of the
rule, and so that
substance will take
priority
over
form.
-
The
general
rules or
local
rules of the court contain common
terms and
plain
wording and are of such simplicity that the common citizen can
easily understand and easily and quickly make use
of the rules without the need of a
counselor.
Jurisdiction
-
The setting
of the case is proper, the parties to the
action are all truthfully stated, and all
civil and criminal elements are clearly
identified and segregated into their own
jurisdictional categories.
-
A criminal case brought in behalf of the peace and dignity of the state:
-
has been brought ex
rel
accusers, that is, "on the telling or relation/story of the accuser" with the accusation being related to the prosecuting attorney by the accuser,
-
has named the accuser in the setting of the case, and
-
contains the signed and notarized affidavit of the accuser in the body of the complaint. Otherwise, the state would become the plaintiff/accuser, the case would become federal, and the bonding company
would become potentially liable for an agent's false
accusation and false imprisonment of a party to the
case.
-
In the U.S.
constitutional 7th (so-called)amendment, civil
elements of answering,
discovery,
deposition, interrogatories, etc., have been put on
temporary
hold as a U.S.
constitutional 6th (so-called) amendment protection against
self-incrimination pending a U.5.
constitutional 6th (so-called) amendment
prosecution.
-
The U.S.
constitutional 6th (so-called) amendment
processes have been carried out before the U.S. constitutional 7th (socalled) amendment processes have proceeded,
and these 6th
(so-called) amendment processes have proceeded without delay.
Consideration of
Affidavits
-
All
affidavits have been considered, answered and affirmed or
denied categorically, pointfor-point in writing.
Litigation and
Prosecution
-
All officials,
officer and clerks involved in the processes of
litigation have obeyed the Constitution of the United States of the state wherein they are employed,
so that;
-
the citizens
involved have receive equal protection
under the laws, and
-
the citizens'
remedies by the due course of law have been
protected and guaranteed,
-
the officials,
officers and clerks involved in the processes
did not operate the court and/or the judicial process as a closed union shop,
that is, did not exclude or hinder nonunion
lawyers, non-union counsels, non-union para-legals, non-union laborers or any
other non-union citizens from exercising the equal profession, the equal
practice, the equal performance, the equal perfection and the equal
protection of
the law,.
-
The officials, officers and clerks involved in the processes did not act in concord, (agreement) union or conspiracy to interfere with or minimize the citizens' creative access to discovery, evidence, counsel and/or remedy by the due process of the law.
Service of Legal Process
-
No party to the case, nor the court, has been allowed to use the U.S. mail to "serve" papers which are required by law to be "served," not "sent." A U.S. postal carrier is
not employed and bonded as a witness, hence is not a
lawful. legal process server.
5.1 Bondability of
Lawyers and Attorneys
(Lawyer and
Attorney Are Not Synonymous)
Attorn
- Law:
- To agree to recognize a new owner of a property or estate and promise payment
of rent to him.
Feudal
Law:
- to consent to the transfer of land by the Lord of the fee, and to the continuance
of one's own holding under the new
Lord; also, to accord homage to a
Lord.
Attornment
- Feudal Law:
- The acknowledgment by the tenant of a new Lord on the alienation
of land; also, the acknowledgment by
a bailee that he holds property for
a new party. Funk and Wagnall's Practical Standard
Dictionary
Attorn
- Law:
- To turn over; to transfer to another money or goods; to assign to some
particular use or service. To consent
to the transfer of a rent or
reversion. To agree to become tenant to one as owner or landlord of an estate previously
held of another, or to agree to recognize a new owner of a property or estate and promise payment of
rent to him.
Attorn
- Feudal
Law:
- To turn over; to transfer to another money or goods; to assign to some
particular use or service. Where a Lord aliened his seigniory, he might, with
the consent of the tenant, and in some cases without,
attorn or transfer the homage and service of the
latter to the alienee or new Lord.
Attornment:
- In feudal and Old English Law - A turning over or transfer by a Lord of the
services of his tenant to the grantee
of his seigniory. (Lordship title:
seignior, sir) The doctrine of attornment grew out of the peculiar relations existing
between the landlord and his tenant
under the feudal law, and the
reasons for the rule never had any existence in this country, and is inconsistent with our laws,
customs and institutions.
Black's Law
Dictionary Revised Fourth Edition We need to take a very close look at these words in order to understand the role of an
attorney. The setting is old England, the aristocracy held the land. The lower class tilled the land as tenants. When the land changed hands from one aristocratic Lord to another
aristocratic Lord, a
treaty was made between the tenants
and the new Lord lest civil war break out between the tenants and the new Lord.
This transfer of power with treaty
was called attornment.
Attornment was
the method of peacefully passing land from one
aristocrat to another aristocrat without disturbing the
class structure. It consisted of a peaceful method
of maintaining a noble class off citizens
acceptable to the common people. This does not mean that the common people liked
the situation, but they suffered
evils while evils were sufferable, and made their
treaties of attornment.
Therefore, in
English Law
attornment was a method of guaranteeing an
unequal
protection of
the
Law for the rich and the poor, but one which was at
least tolerable for the poor. It was
a "peaceful" maintenance of the class
structure.
An
attorney's role in this system was to provide the ceremony of the acquiescence of the
poor, and to do so in such a manner
(modus operandi - MO) as to preserve and maintain the class structure.
The peaceful
unequal
protection of the Law. It is eminently clear that an attorney's role has not changed. Attorneys practice attornment.
Lawyer:
- A person learned in the law. One who understands law and who loves law for its capacity to rectify the evils of society. One who
professes and practices "Liberty
and Justice for all," and therefore the
equal
protection of the Law. Lawyers "practice" law. The U.S. Constitution provides over
thirty guarantees of the
equal
protection of the law. A lawyer supports those provisions of
guarantee; an attorney opposes those
provisions. In America, a lawyer obeys the
U.S. Constitution, the Supreme Law of the Land. An
attorney does not obey the U.S. Constitution.
Therefore,
technically, a lawyer is bondable and an attorney is not bondable.
State bar associations, which deal
with both extremes, must therefore
rely upon "self-bonding."
Testing and
Counsel
There are both
good and bad counsels. In reality, many so-called
"lawyers" practice attornment, and many so-called
"attorneys" practice law. Most persons thing the terms "lawyer"
and "attorney" mean the same thing, and would not
even know how to distinguish one from another. Even the
professionals call themselves,
"attorneys-at-law," a contradiction of terms which shows the confusion which
prevails in law. For the present purposes of the Uniform Bonding Code, the counsels will not be discriminated against because of the term they use to identify their occupation. Only their behavior and "track record" will be used to determine their bondability. "You know a
tree by the fruit which it bears." An apple tree does not grow cherries, and a cherry tree does not grow apples. To cite an extreme example: a lawyer will file criminal charges against a judge for failure to protect a citizen's U.S. constitutional rights; an attorney will not. There are many such tests, and contracts of specific performance can be provided to would-be counsels to find out what they are actually ready, willing and able to do.
When it is necessary, a
lawyer will act as a substitute and go to jail for a cause in which he believes, whereas an attorney will only
dabble at "law," will ask to be
removed from a case when the going
gets rough and becomes a battle, will run in the face of the enemy, and therefore deserves a
summary court martial.
5.2 -- Bonding of District Attorneys
A city, county,
state or federal district attorney (including a U.S.
district attorney called a "U.S. Attorney') shall lose his bonding and shall
not be bonded:
-
if he refuses to properly identify himself to the citizen when asked
to do so, including giving the citizen
the name and address (or telephone number)
of his bonding company and his bond policy
number (bond number),
-
if he fails or refuses to receive,
for filing, a criminal complaint from a
citizen against a citizen or an official,
-
if he refused
to mark or stamp the citizen's confirmed (compare
with original) copy of the citizen's
complaint with any of the following
-
"Received"
-
name of
receiving office
-
date
-
time
-
signature or
initial of receiving clerk or official, so
that the citizen can have an official receipt for delivery of his complaint;
-
if he fails
or refuses to make a reasonably diligent effort
to process the citizen's complaint (42
USC 1986),
-
if he fails or
refuses to see to it that the citizen's
complaint is placed in the right hands for processing and/or answering, (return)
-
if he does not make every
effort to make sure that the complaining party knows of the status or location
of the complaint in the legal system, and
does not give the complainant
written notice of the same when it is possible.
5.3 - The
Bonding of Prosecuting Attorneys
A prosecuting
attorney shall lose his bonding, shall not be
bonded, and
shall be
deemed
unbondable:
-
if he refuses
to prosecute a complaint when it is possible to
do so, regardless of whom the complaint is against,
-
if he resorts
to "selective prosecution," i.e., any
excuse of
immunity for an official in order to protect a malfeasant official from prosecution,
-
if he resorts
to "selectiveprosecution,"i.e., false or
malicious
prosecution of a citizen, in order to punish or destroy a
citizen for attempting to have a malfeasant
official prosecuted.
5.4 - Bonding of Judges
A judge shall
lose his bonding, shall not be bonded, and
shall be
deemed
unbondable:
-
if he fails toprotect the U.S, national constitutionally guaranteed remedies of due process and the equal protection of
the laws of any citizen appearing in his
court of law, or of any citizen appearing in any
court of the county in which he works whose case may come to his attention 12y
a
means.
5.5 - Bonding of Attorneys
A lawyer or an
attorney shall lose his bonding, shall not be bonded, and shall be
deemed
unbondable,:
-
if he fails to
protect the
remedies of
due
process and
the
equal
protection of
the
law of either
his
client or of
the
adverse
party in an
action. In an adversary system of law, each lawyer or
attorney shall protect the
representation
of
fact not only for their own
party, but shall protect the
legal
process for
both
parties
without,
exception.
5.6 -
Bonding an Amicus Curiae
(Friend of the
Court - Especially under a Citizen;s Writ of
Mandamus Pursuant to 42 USC 1986)
It is not
necessary for a non-incorporated lawyer or
amicus curiae (friend of the court) to be bonded. But a lawyer or an
amicus curiae, if he chose to be bonded, shall lose his bond and shall not be
bonded:
-
if he uses his
involuntary
intervention to interfere with constitutional due process,
-
if he does not speak and act
openly for the best interests of
both opposing adverse parties, even if paid by one party and sits as counsel to that party. An
amicus curiae may favor the cause of one side of an action, but must serve the due process of
both sides of an action in order to be of
service to
the
system of law as a
whole. If the judge is acting in insurrection and rebellion against the U.S. Constitution, and the judge shows no signs of amending his ways (correcting his court procedure), it is usually best for the
amicus curiae to file a notice of criminal malpractice (malfeasance) with
the court administrator, and with the bonding company in person, by fax, or by
telephone to immediately establish reversible error and. civil damage in the
case.
6.0 - JUDICATIVE OUTPUT
The process of
Judgment will be bonded only if the bonding company
finds that:
-
the terms,
definitions, principles (axioms), logic and conclusion underlying the statutes being used
in a judgment are all bonded, i.e., the statute used is a
valid and
lawful statute, i.e., is a
bonded
statute;
-
the
process of receipt of
data
input is bonded;
-
the
Court
rules,
the
jurisdiction and the
processes of
consideration of
affidavits,
litigation and
prosecution are all bonded;
-
a
jury trial was granted, if it was not. waived in writing by all parties to the suit;
-
a
summary judgment hearing was not
imposed in place of a jury trial as
long as there was so much as one genuine issue of material fact or one unprosecuted element of criminal behavior, criminal
malpractice, or official or clerical
malfeasance; -
-
the jury was
allowed to come to a verdict by ballot while
sitting in the courtroom without retiring to the
jury room to arrive at a verdict; NOTE: Retirement
of a jury to a jury room for deliberating a
verdict is
internal
jury
tampering, creates an homogenized verdict, constitutes
conspiracy to convict or to
vindicate, and makes every member of the jury individually and personally liable
for the verdict, regardless of the
content of the verdict. if a summary
accusation or
complaint,
Judgment. and
execution of
contempt has been brought against a person appearing
before the court because his behavior or argument in favor of his rights in that
court displeases the judge, or is held by that judge to be contrary to the order and decorum of the court, and
-
then
-
the accusing
judge has made out the complaint of
contempt,
-
the accused has been tried by a second judge yielding a
judgment of
contempt, and
-
a third
judge has agreed in writing to accept the
total liability for both the
accusation or complaint of
contempt, and the
judgment of
contempt if either or both of the first two judges
has acted with malfeasance in
the contempt process, and
-
the third
judge has yielded the
order of
execution of
contempt.
If the contempt
charge is later found to be improper or
unlawful, the personal liability of the third judge shall
be proportional to the number of judges acting in defect of the law. (i.e., treble damages (make triple).
This
rate of damages corresponds to the treble damages of a U.S. R.I.C.O. (Racketeer-Influenced and Corrupt Organization) suit. The third judge will have to sue the other two judges to recover remedy from them.
-
The
order. of
execution of the
judgment has an attached check list containing a signatureverified entry for every step of the process which must be bonded in order for
the overall process to be perfected for judicial bonding. Each step must have a space provided for
reference to any attached comments on
irregularities in the process. "An
order of judgment becomes a valid and lawful
order of
execution only if it is judicially
bonded."
6.1. - Bonding of Judicial Consequence
A government
official, officer or clerk shall lose their bond, shall
not be bonded, and shall be deemed unbondable:
-
if he fails to answer, or fails to
require an answer to, a
citizen's
complaint, and
affidavit of
information categorically point for-point,
except that, where criminal accusations are made, he shall have the
right to remain silent, or allow silence (non-answer) as a protection against selfincrimination. Otherwise, the ordinary rule is, "An affidavit unrebutted stands as the truth."
-
if he
knowingly imprisons, or keeps as a prisoner, a citizen in violation of that citizen's U.S.
constitutional rights and equal protection
of the law. The offense shall repeat the application of pertinent remedy statutes each and every twenty-four(24) hours.
-
if he
refuses a prisoner the materials and information
necessary
for the
prisoner to defend, acquit or vindicate himself. The offense shall repeat the application of the pertinent remedy statutes each and every twenty-four (24) hours.
NOTE: If an officer or clerk who has lost his bond, gives aid and comfort to a citizen or to a prisoner deprived as described under this chapter, and shall prove himself genuine, the same shall recover his bondability.
7.0 - EXECUTIVE INPUT
Principles
of
Executive Bonding
Qualifications For Bonding Enforcement Officers The
input/qualifications of an
executive/enforcement officer shall be bonded.
Pursuant to state incorporation laws, any official, officer or clerk, of any municipal. corporation (city, county, state) engaged in any activity
potentially dangerous or hazardous to the public safety, health and welfare must be bonded and must carry an identification card which declares his bonding status.
In a scientific system, the executive bond on a reasonable officer with a good social attitude, a
"good track record." and a good education, is less expensive than the bond on a rookie cop (constable or patrol) just as the automobile insurance on an older, sensible, seasoned and proven driver is less than the auto insurance for a younger, impulsive and unproven driver.
The Glass House Doctrine
It is the executive branch which ultimately commits the statutory injuries which the legislative and judicative branches order up for the control and punishment of citizens.
"A person who
lives in a glass house should not
throw
rocks at others." (sic)
Likewise a
government infested with malfeasant officials,
officers and clerks is in no position to pursue felons in
the public sphere. If it would be credible in the
eyes of the public and the bonding companies, then it must first eliminate its own
malfeasance with the same diligence that it would pursue the civilian felon.
Grace/Escape
In all complaints of a
citizen against a public law enforcement officer, the complaining citizen has the
general
responsibility of protecting the
general
enforcement of
the laws by giving every opportunity of grace and escape to the officer complained about. The complainant must always remain sensitive to the fact that a law enforcement officer is constantly subject to the most psychologically demanding emergency situations and the most dangerous social combinations, and must be given every benefit of the doubt so that he can survive his daily work.
7.1 - No Criminal Bonding
Criminal acts may not be bonded against prosecution or litigation, or there would be
people who
would become bonded as a license to commit criminal acts in violation
of the peace and dignity of the state.
Likewise,
corporations may not be established by a person to hide
the criminal acts of that person behind corporate limited
liability, or there would be people who would
incorporate their activities in order to secure for
themselves a license to commit criminal acts behind the corporate limited liability veil in violation of the peace and dignity of the state. Corporate limited liability, as it pertains to civil commercial obligations, is a
delicate enough creation without the criminal aspect, and it is only because business people accept the idea that they are gambling in commerce when they deal with a corporation that there is any honesty at all in the limited liability concept of a corporation. For if a person uses a corporation to run up a commercial debt with the intent to abscond (run away and hide) at some future time, then that corporation becomes simply an instrumentality, called an alter ego, for the commission of crime. It is for this reason that the state is a silent partner in every state incorporated artificial person, and has the liability. There is no corporate limited liability for the commission of crimes.
Criminal
acts committed by corporate officials, officers and clerks pierce the limited liability veil of every type corporation and
artificial (purely legal) person. Also, criminal accusation always pierces the veil of corporate limited
liability.
No Criminal
Bonding
An official,
officer or clerk who commits a criminal act (a
crime) or gross negligence of duty against a citizen
or against the public generally:
-
shall lose his
bond,
-
shall not be protected by his official bond,
-
shall not be protected by the limited liability of the corporation, trust, or office of public trust which employs him,
-
shall be personally liable
(financially responsible) for the damage which that crime or gross negligence causes,
-
must pay for the damage out of his own personal assets of real and personal property.
A
citizen's recourse against official crimes is to file his claim in the form of a
criminal
complaint/U.S.
First
(so-called)Amendment
petition
for
redress of
grievances with a civil value noted on the complaint, but with the U.S. Seventh Amendment process on hold as not immediately
answerable, and with the civil
value
pending the outcome of the U.S. Sixth (so-called) Amendment
criminal
prosecution.
The criminal claim puts payment of
the bond on hold and pierces the veil of corporate limited liability, exposing
the officer to unlimited attachment of personal property unless he is prosecuted
and vindicated by prosecution. If the prosecutor does not agree to prosecute the
case within thirty days, or such time as is reasonable for investigation of the
charges (not to exceed sixty days without reasonable cause), then the matter
reverts to a civil action standing half inside and half outside of the corporate
veil with the bonding company, the corporation and the officer standing liable
for the damages.
If the Bonding Company Compels the Prosecution
If
the
bonding
company
compels
the
prosecution and the acts of the officer are clearly criminal, then
the bonding company can argue for release of the liability of the bonding company for the officer's actions,
provided the bond was
written to
dissuade (discourage)_ criminal acts.
Since the prosecutor must have a bond in order to be a prosecutor in fulfillment of his job description, it
follows
that the
bonding
companies collectively have the power to compel the prosecutor to prosecute on the criminal charges to attempt to vindicate the officer and to protect the relevant (directly
affected)
bonding
company from a claim, or to minimize the claim against the bonding company.
If the Bonding Company Does Not Compel Prosecution
If the
bonding
company
does not
compel
prosecution, then the first claim of liability is against the bonding company up to the face value of the bond, and the remaining claim of liability is against the corporation and against the officer for the unpaid balance of the claim. The officer against whom the complaint and accusation has been made also has the right
to defend his interests by demanding
that he be prosecuted and
vindicated. Both the complaining party and the prosecutor have the obligation to serve
notice on the accused officer if the
prosecutor will not prosecute,
thereby giving the officer a chance to protect his interests by demanding a prosecution.
7.2 - Bonding of Attitude
-
The principles
of economics are more and more being used to
establish scientific bonding practices which
eliminate the bonding, hence employment, of antisocial enforcement officers.
-
The bond on
an enforcement officer is based on the officer's
social
attitude and
past
performance, that is, his "track
record."
-
An antisocial
officer is generally defined as a person who:
-
has a bad
social attitude,
-
thinks he is
bonded for any sort of social behavior
whatsoever,
-
thinks he has
to prove himself by being socially abusive
or "macho" towards members of the
general public.
-
Antisocial officers create bad enforcement
situations which cause citizens to file malpractice claims with
bonding
companies.
-
Therefore, a
credible bonding company will not bond a known antisocial
enforcement officer.
7.3 - Bonding of Education
Principle--Ignorance of the law is not an allowable excuse
for a law enforcement officer to use when exercising
the power to enforce the law.
An officer must
know and understand all of the processes which
must be bonded before he can act on an
execution of judgment.
An officer,
although presumably acting in his official
capacity, has no commercial escape or grace through a bonding
company when the statute he enforces is not bonded
against accidental misuse. When an officer commits an
accidental misuse of his office or of a statute, or
accidentally acts on an unbonded statute, the
bonding company will pay on the bond only to the extent of
a reasonable degree of error or accident; but
nothing in the agreement between the bonding company
and the bonded party shall be construed to free the
official or officer from investigating and knowing whether or
not his own actions or the statute acted upon or
enforced were adequately bonded; and whatever portion of the damage claim remains after the bonding company has paid its reasonable obligation to the bonded party, shall be paid out of the assets of the municipal corporation and/or out of the real and personal property of the official or officer who misacted.
An enforcement
officer of a municipal corporation (city, county,
state), who operates without a bond or who enforces an unbonded statute, is
acting outside of the public hazard
licensing and bonding statutes governing
municipal corporations. A bonding company has no financial
responsibility for such an officer. Such an officer is
regarded to be out of uniform, outside the
shield or veil of his official capacity, and is a common
citizen operating upon his own personal liability and
risk.
If an officer was
deceived by the government (municipal
corporation) for which he works, into performing his
"duties," namely, of accepting statutes, carrying out
Judgments of
execution, or exerting enforcement beyond limits of his
bonding, then, the officer shall not have a claim on the
bonding company, and his personal
property shall become attachable for the satisfaction of claims of damages, and
he will have to make his claim
against his employer. In the case of an unbonded statute, the employer will have
to make its claim against the state
legislature and the state of these
factors are:
-
the
psychological stability and sociability of the officer
(is he antisocial, does he have a good social
attitude, is he reasonable?),
-
the "track
record" of his daily performance (past
performance),
-
how much
legal education the officer has and what kind of legal
education the officer has and what kind of legal education does he have relevant to the
laws that he will be required to enforce,
-
the specific
performance (job description) of the officer being
bonded, generally for the construction and advertisement of an unbonded statute. If a
citizen knows how to enforce his
civil remedies under the laws of
commerce, and if the claim of the
citizen for civil damages exceeds the face value of the bond, then the officer who
victimizes that citizen can easily be
bankrupted.
7.4 - Bonding of Specific Performance
Modern scientific
bonding is based on a number of factors which
mathematically determine the price of the wager (premium)
charged by the bonding company. Some
-
the types of
unbonded statutes he will enforce,
-
the types of
bonded statutes he will enforce,
-
the types of paper enforcement processes he will use, and,
-
the types of enforcement acts he will engage in (especially the violent ones).
An officer is acting without the protection of a
municipal bond, is acting on the municipal corporate assets, or is acting "out of uniform" and on his own personal liability if he:
-
behaves in a
clearly antisocial manner,
-
does not have an education in law adequate for his specific performance ia a
law enforcement officer,
-
is not adequately bonded for law enforcement, i.e.,
to enforce the law,
-
does not have an adequate identification card or does
not show his identification card when necessary,
-
acts on an unbonded statute, and/or
-
violates a
citizen's
U.S. or state constitutional
rights or equal protection of the laws.
The identification
card of a law enforcement officer declares
the authority of the officer to act by:
-
stating the
specific
performance of his job for which he is bonded, such as the class of statutes he
is bonded to enforce.
-
stating that he is
licensed and
bonded,
-
stating the
name
of
the
bonding
company which is bonding
the executive acts of the officer, and
-
stating the
bond (policy)
number of the officer's bond
(insurance).
An officer who
cannot or does not display his official
identification card is deemed out of uniform and acting as an
ordinary citizen on his own personal liability. His
personal property is then the true pledge
underwriting his authority.
Liability by
Association
An officer can be
sued for the injury caused by the act(s) of
another officer, if the act(s) was committed and the
injury was caused while the two officers worked
together. The assessment of the transfer of
liability rests upon such concepts as reasonable
diligence, accident, neglect and conspiracy.
7.5 - Authority
-
A statute has
no
social
authority or the capacity to be enforced without an
author, and has no author without the assumption of
social,
liability or
financial responsibility for the statute
authored.
-
Any attempt to exercise
social
authority by enforcing a statute without assuming a corresponding measure of
social
liability for the enforcement of the statute constitutes fraud.
The only
authority which an official, officer or clerk of a government (e.g., municipal corporation) has to
use,
act
upon, or
enforce a
statute resides in or arises out of the
financial
responsibility for the acts and actors as follows:
-
the
legislation-construction of the statute,
-
the content of the statute itself,
-
the judication--the exercise of the judicative power,
-
the judicative
process
itself,
-
the execution-the enforcement paper process which is used as a
reason to enforce the statute,
-
the enforcement act of the enforcement officer, and
-
the enforcement officer.
This
financial
responsibility for the acts and actors will usually be provided from one or more the following three sources:
-
the
bonds on the acts and the actors (insurance on an official act or person),
-
the sacrifice, forfeiture or pledge of the
personal property, real or movable, of
the government corporate property, real or
movable, or,
-
the sacrifice, forfeiture or pledge of the
personal
property, real or movable, of
the official,
officer or
clerk
who is using, acting upon or enforcing the statute.
The total value in property or money extractable from these three sources must be sufficient to sustain a suit at law and pay for the damages caused as a consequence of using, acting upon or enforcing the statutes; that is, in defense of each specific performance of the jobs or of the persons, the said performance of said jobs being the product of the government known as public service.
A government
official,
officer or clerk who is not bonded or who loses his bond, shall be held financially
responsible for his own
actions. He shall have, as the only support for his own
authority, the pledge of his own personal property, real and movable, to satisfy the damages which he causes to citizens by the exercise of that
authority.
7.6 - Bonding Municipal Corporations
Many municipal corporations (city, county, state) have quietly chosen to operate without malpractice bonding in violation of state corporate public hazard bonding laws because their bonding is expensive. Often municipal
corporations claim to be "self
bonded," but because civil
rights suit claims are often, and properly,
astronomically large, such in-house bonding is actually
fraud, and passes liability on to the officials,
officers and clerks of the municipal corporation.
Municipal corporations have had to resort to lies and
deceptions concerning the bonding of their officers in order
to get their officers to put on a uniform and go out to fight for the
corporation. The officers are not
told that their public hazard bond is not adequate, and
they are not told that if their onthe-job
activities involve them in a situation where
the face value of
the bond is not sufficient to cover an injury
(physical, mental, emotional, legal, etc.) to a public citizen, that then the
citizen will have the right to sue the
officer for a sufficient amount of the officer's
personal property (real and/or movable) in order to be paid
the difference between the amount of the damage claim
and the face value of the bond.
A municipal
corporation will lose its executive enforcement bond
or be rendered unbondable:
-
if it hires
an enforcement officer and sends him out into the
public to do official enforcement duties
without bonding his enforcement
processes and actions. The officer must be
provided with a written notarized
declaration of his job description;
-
if it fails
to tell an officer or clerk that he is not
adequately bonded, the officer must be
provided with a written notarized declaration of
his bonding status;
-
if it fails
to issue an identification card to an enforcement
officer declaring:
-
that
the officer is bonded,
-
the name of the officer,
-
the officer's enforcement classification,
-
the name of the municipal
corporation for which he
works,
-
the name of
the bonding company which is bonding his
enforcement,
-
the bond
(policy) number of the officer,
-
the address
and/or telephone number of the bonding
company (bonding companies may want to know
who is cheating them. Many municipal
corporations are not adequately bonded
and never tell their employees about
it),
-
a picture of
the officer.
-
if it does not
provide a law enforcement officer with a
sufficient education in law and process so
that the officer can properly carry out his
law enforcement duties as agreed to in his job description,
-
if it engages an enforcement officer to enforce an unbonded "statute" which by its hazardous nature must be bonded, or
-
if it engages an enforcement
officer to violate a citizen's U.S. constitutional rights or equal protection of
the laws.
8.0 -
EXECUTIVE CONTROL
The
control/enforcement process of an executive/enforcement officer will be bonded only if the bonding company finds that:
-
before executing an
order of
execution the officer had in his possession:
-
a
faithful recap (recapitulation) of the case representing both sides of the argument,
hand-signed by the author of the recap (who is liable for his recap),
-
an original
hand-signed verified bonding check list of the complete court process,
-
an original
hand-signed copy of the judgment and the
order of
execution of judgment,
-
a
proper personal identification card including:
-
that the officer is bonded,
-
the name of the officer,
-
the officer's enforcement classification,
-
the name of the municipal corporation for which
he works,
-
the name of the bonding company which is bonding
his enforcement,
-
the bond
(policy) number of the officer,
-
the address and/or
telephone number of the bonding
company, and
-
a picture
of the officer,
-
a proper
personal business card which the officer could
hand out to the public and to the person(s) arrested, containing all of
the same information as given in Part
(1) (D) except for the picture, because
of the expense of picture cards.
9.0 - EXECUTIVE OUTPUT
The
output/enforcement act of an executive/enforcement officer
will be bonded only if the bonding
company finds to its satisfaction that, taking into consideration the urgency and
hazard of the situation, the officer while enforcing the paper process acted in a reasonable manner as regards:
-
the reading and understanding of the recap,
-
the reading and understanding of the verified bonding list,
-
the reading and
understanding of the judgement, and
-
the reading and understanding of the
order of
execution
of judgment, And
when
enforcing
-
properly identifying himself,
-
properly serving necessary papers, and
-
properly notifying
people of
their
rights.
9.1 -
Bonding Jail. Procedure
A
government, or an official, officer or clerk of a government, will lose its/his bond, will not be bonded and will not be bondable if a person, hereinafter referred to as the "prisoner,"
which it/he handles, who has been
charged and arrested but who has not
been convicted:
-
has been
denied or delayed anything, or any right, or the
equal protection of the law necessary for the prisoner's defense which an uncharged and
unarrested citizen would have at his use,
service and disposal,
-
has been denied or delayed legal paperwork in the prisoner's case, including but not limited to
affidavits of accusation, police reports, arrest
warrants, mailing addresses for the delivery of
all leg paperwork, etc.,
-
has been denied
or delayed. the assistant counsel of, or
communication with any lawyer, attorney, spouse,
relative, friend, non-union paralegal,
non-union lawyer, etc., needed for his personal
safety and legal defense,
-
has been denied
or delayed necessary appearances and
opportunity to speak before a judge in court and
on the court record ("necessary" as
defined by the prisoner, not as defined by the
jail. Ear, the judge or the court), and/or
consideration from the jailer, the
judge of the court, and/or a hand-signed
record of the proceedings before the judge and the court,
-
has been
denied or delayed a copy of anything:
-
(A) the prisoner
has signed while entering or dwelling in the
jail, or
-
(B) the prisoner
has been required to sign while entering or
dwelling in the jail
("It is best not
to sign anything."),
-
has been denied or delayed the physical basics; namely,
light,
heat,
simple
comforts, rest, writing materials or any other obvious physical means necessary to compose, write and perfect the prisoner's defense, said basics to be provided at no cost to the prisoner,
-
has been denied or delayed the opportunity to
effectively file counter complaints against the prisoner's accusers, and those who have handled and processed the prisoner's case (see also 4.0
Judicative Input, specifically),
-
has been denied or delayed a
readable copy of the Holy Bible printed in a
language in which the prisoner is educated or fluent,
-
has been denied or delayed access to law books of the prisoner's choice,
-
has been denied or delayed medical
needs.
NOTE: The county shall provide all of the above services
immediately to the
unconvicted prisoner at no cost to the prisoner. Any county which fails
to meet the above criteria will itself be totally liable for its own acts. It is not inconceivable that
a county violating the above criteria
could accumulate over one hundred
million dollars worth of civil damages in one day's time involving only one prisoner, and
no credible bonding company wants anything to
do with that kind of obligation.
- In Conclusion
-
According to the equitable
authorities at law in regard to state-created marriages, any property sought after belongs to both parties/spousal, therefore, both are responsible for their spouse's action(s). Thereby, criminal complaints jointly affect in regard to liens. In
short, bring the civil rights violators, wife/husband, into the court action also. Remember, all liens cannot be removed until the declaration is adjudicated and/or the claimant is satisfied.
In the wording of the published rules of the Ninth Circuit Court, "Go for the jugular vein."
9.2 - Escalation
Further:
A law enforcement officer will lose his bond if he
oppresses a citizen to
the point of civil. rebellion when that citizen attempts to obtain redress of grievances (U.S.
constitutional 1st so-called amendment).
When a state, by and through its officials and agents, deprives a citizen of all of his remedies by the due process of law and deprives the citizen of the equal protection of the law, the state commits an act of
mixed
war against the citizen, and,
by its behavior, the
state declares war on the citizen. The
citizen has the right to
recognize this act by the publication of a solemn
recognition of mixed war.
This writing has the same force as the Declaration of Independence. It invokes the citizen's U.S.
constitutional 9th and 10th so-called amend guarantees of the right to create an effective remedy where otherwise none exists.
"I found this insight on the UBC to be very perspicuous and most useful to the Patriot movement, but like all laws, it is useful only to the one(s) who
use it and enforce it."
Remember the etymon at the tine of law's creation and
The Federalist Papers. (Read and discern until it's
perspicuous.)
"Prior law governs
always."
"Prior etymons govern always."
"To act in
pro se fashion in
a court of law or equity is to
profess in law, thus, casting yourself to drift
away from logic and into the arms of a
fool."
Study the UBC,
file your "criminal complaints" in timely fashion,
take their money or their hides for future parchment.
Appendix
MAXIM; (Universal Axiom of Law)
All persons know that the
foundation of law and the legal system
exists in the telling of the truth, the whole truth,
and nothing but the truth, generally by testimony, deposition, and/or by
affidavit.
Therefore, every honorable judge requires those who appear before him
to be sworn to tell the truth, the whole truth, and
nothing but the truth, and is compelled by the
high principles of his profession to protect that truth
and do
nothing to
tamper
with
that
truth, either directly or indirectly, either in
person or by proxy, or by
subornation of the affiant or other
person (subornation/extortion of perjury).
This instrument
is an Affidavit of Obligation, also known as a
Claim of Lien. This affidavit of obligation is a
commercial instrument arising from a private or public
contract, either express, constructive,
and/or implied, which exists by the express,
constructive, and/or implied consent of the Lien Debtor.
Therefore, this Affidavit of obligation is a
consensual commercial lien. This lien arises from the necessity to guarantee specific performance (oath) of the
Lien Debtor. Therefore, this
Affidavit of obligation is also a just
compensation commercial lien.
The Lien
Claimant's Claim of Lien is expressed as this Affidavit. A
mere unsworn declaration is not sufficient grounds
for a Claim of Lien because it does not attach
commercial liability to the person making the claim of
obligation upon a debtor. The person making the claim
(the Lien Claimant) must assume the commercial liability for making a claim
against the debtor (the Lien
debtor) by issuing a sworn statement known as an
Affidavit of Obligation which is given to the best of the
claimant's knowledge and belief to be the truth, the
whole truth, and nothing but the truth, for which the
claimant stands personally commercially responsible.
A declaration of
obligation does not become a lien unless it is
sworn to, in which case it is known by the stronger term,
"Affidavit of Obligation." A mere declaration of
obligation is not a lien.
A "distress,"
which essentially compels instant specific
performance, being severe because of its instant effect, must be bonded. On the
other hand, a lien, having a
traditional three month grace period, allows ample time
for a response, hence is regarded as commercially
moderate, and, therefore, does not have to be bonded beyond the personal
liability which it automatically
imposes upon the Lien Claimant/Affiant. (The three day,
three week, three month, and three year grace periods in
American Law arise from the traditional
numerology of ancient Hebrew and Jewish law. See
Holy Bible,
Old Testament.)
As would be the
case with any other affidavit, deposition, or
testimony, an Affidavit of Obligation
(commercial/contract lien) may not be tampered with by any judge, other public
official, or other person, and generally may be
removed by only one or more of four means:
-
A satisfaction
of the lien by the Lien Debtor.
-
A categorical
point-for-point rebuttal (affirmation,
denial, or explanation) of every element of
the Lien Claimant's claim, said rebuttal
being also in the form of a commercial affidavit for which the Lien Debtor accepts
full personal. commercial responsibility.
If the lien claimant can rebut the lien
debtor's rebuttal, the lien stays in force.
-
A voluntary (unextorted)
removal of the lien by the Lien Claimant (or his heirs and assigns, if such
has been provided for).
-
A decision by an impartial jury duly convened and properly conducted (not tampered with by a judge, other public official, or other person).
The suspension of an Affidavit of Obligation is the suspension of the right to give testimony in one's own behalf and is, therefore, in the nature of a
suspension of the Writ of Habeas Corpus, a thing done only under the conditions of martial law, civil war, or mixed war.
A
judge cannot interfere with, tamper with, or in any way modify testimony without rendering
incredible the truth seeking process
in his sacred profession and
destroying the fabric of his own occupation, thereby committing professional suicide. Any judge
who tampers with testimony, deposition, or affidavit, is a threat to the commercial peace and dignity of the
State and of the United States, is in violation of the Supreme Law of the Land, is acting in the nature of a
foreign enemy, and is justifiably
subject to the penalties of treason;
God's speed.
A lien implies
impoundment of property. A breach of the said
impoundment, also known as poundbreach, is a felony.
A bill in
commerce is a private declaration of obligation. A
lien in commerce is the same bill made public with a
commercial affidavit attached in support of the bill. When a
lien instrument is composed and made public, either by filing in the Office of the County Recorder or by any other method of open and wide publicity, a
copy of the Claim of Lien must be provided for the Lien Debtor so that the Lien Debtor
will thus be enabled to defend
against the lien. To guarantee that
the Lien Debtor has an ample grace period of three months to defend against the lien, the grace
period does not begin until a copy of
the Claim of Lien or a Notice of Lien
is in the possession of the Lien Debtor. If only a Notice of Lien is supplied to the
Lien Debtor then the Claim of Lien
must be filed in a place of public
access such as the County Recorder's Office, or other such public place clearly specified in
the Notice of Lien/Affidavit of
Obligation, and therefore cannot be
lawfully entered by the County Recorder on a County, State or Federal Lien Index.
A Claim of Lien
exists upon the property of a Lien Debtor even if a
copy of that lien is only witnessed and in the
possession of the Lien Debtor. However, if the Lien Debtor
commits poundbreach by a sale, transfer, or
assignment of the liened property to some third party, the
Claim of Lien does not travel along with that
property and attach commercial liability to the said third party, unless the
Claim of Lien has been filed in the
County Recorder's Office of the county affected by the
lien, or said Claim of Lien
has
otherwise
been
satisfactorily publicized. If any attempt is made by any public official to impair the lien process by compelling the county recorder to refuse to file the Lien Claimant's Claim of Lien, then any alternate publicity of the Claim of Lien with reasonable diligence is to be considered adequate publication of the lien for the purpose of passing the obligation of lien forward to the new third party owner of the property, the property seized by the original Claim of Lien against the original Lien Debtor.
Note: From the author of the Quill and the Sword, "An affidavit unrebutted stands as
the truth." Also: "Ignorance of the Law excuses,
not, any person. Seek the etymon
and you will find the truth. Do
not believe any thing written unless you define the words you are digesting and
forced to ingest, law or otherwise."
-John Sovereign
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