Outline Using Their Own Words

Not an exhaustive list, but should paint the picture.

(If man were to be included, he would have been as in this “example”)

7 USC 136 (d) Animal

The term “animal” means all vertebrate and invertebrate species, including but not limited to man and other mammals, birds, fish, and shellfish.

7 USC 136 (s) Person

The term “person” means any individual, partnership, association, corporation, or any organized group of persons whether incorporated or not.

Law of Nations Book 2 § 108 The state has no right over the person of a foreigner;

Introduction

The state, which ought to respect the rights of other nations, and in general those of all mankind, cannot arrogate to herself any power over the person of a foreigner, who, though he has entered her territory, has not become her subject. The foreigner cannot pretend to enjoy the liberty of living in the country without respecting the laws: if he violates them, he is punishable as a disturber of the public peace, and guilty of a crime against the society in which he lives: but he is not obliged to submit, like the subjects, to all the commands of the sovereign: and, if such things are required of him as he is unwilling to perform, he may quit the country. He is free at all times to leave it; nor have we a right to detain him, except for a time, and for very particular reasons, as, for instance, an apprehension, in war time, lest such foreigner, acquainted with the state of the country and of fortified places, should communicate his knowledge to the enemy. From the voyages of the Dutch to the East Indies, we learn that the kings of Corea forcibly detain foreigners who are shipwrecked on their coast; and Bodinus assures us, that a custom so contrary to the law of nations was practised in his time in Ethiopa, and even in Muscovy. This is at once a violation of the rights of individuals, and of those of the state to which they belong. Things have been greatly changed in Russia; in a single reign —that of Peter the Great — has placed that vast empire in the rank of civilized nations.

(Initiation of Trust Protection Protocols)

1. Law of Nations Book 3 Article 15 Enlisting in foreign countries – The man who undertakes to enlist soldiers in a foreign country, without the sovereign’s permission, — and, in general, whoever entices away the subjects of another state, violates one of the most sacred rights of the prince and the nation. This crime is distinguished by the name of kidnapping, or man-stealing, and is punished with the utmost severity in every well-regulated state. [creates a natural reversion of enemy of the state within the granted estate]

2. US Constitution: Article I Section 8: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

  • To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; [also termed “common law of war” as per Hamdan Brief: USCA Case #11-1257] [so, if there is a “common law of war” then there must also be a “common law of peace” running side by side and concurrently]
  • To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; [every claim of ownership makes one an “enemy” because the claim threatens the assets of the trust]

3. US Constitution: Article IV: Section. 3:

  • New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.
  • The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

4. US Constitution: Article VI: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

5. Lieber Code Article 1 – A place, district, or country occupied by an enemy stands, in consequence of the occupation, under the Martial Law of the invading or occupying army, whether any proclamation declaring Martial Law, or any public warning to the inhabitants, has been issued or not. Martial Law is the immediate and direct effect and consequence of occupation or conquest.

The presence of a hostile army proclaims its Martial Law.

6. Army Regulation 840–10 8–2.

Flagstaff head (finial)

The flagstaff head (finial) is the decorative ornament at the top of a flagstaff. This does not restrict the display of a State flag from a staff bearing a State device when National and other State flags are displayed from adjacent flagstaffs; however, the Army does not provide such devices. Only the following finials are authorized on the flag used by Army organizations:

  1. Eagle (Presidential flagstaffs).
  2. Spearhead (The spearhead is the only device used with Army flags)
  3. Acorn (Markers and marking pennants flagstaffs.)
  4. Ball (Outdoor wall mounted for advertising or recruiting.)

7. Lieber Code Article 7 – Martial Law extends to property, and to persons, whether they are subjects of the enemy or aliens to that government.

8. Anderson’s Dictionary of Law 1893 – Birth (see Abandon (2)) the act of a parent in exposing an infant of tender years (usually under seven) in any place, with intent wholly to desert it. [Birth Record = abandoned infant]

9. Black’s Law Second Edition – Birth -The act of being born or wholly brought into separate existence. Wallace v. State, 10 Tex. App. 270.

10. 1 USC § 8 – “Person”, “human being”, “child”, and “individual” as including born-alive infant (a) In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the words “person”, “human being”, “child”, and “ individual”, shall include every infant member of the species homo sapiens who is born alive at any stage of development. [so, for every “live birth”, there is a corresponding “infant”]

11. Cestui Que Vie Acts 1666 and 1707

  • II. If such Infant, &c. Tenant for Life, appear to be in some Place beyond Sea, Party prosecuting such Order may send over to view such Infant, and if Guardian, &c. will not produce such Tenant for Life, then he or she to be taken as dead..
  • III. If it appear afterwards in any Action to be brought that such Tenant for Life was alive at the Time of the Order made, then he or she may re-enter, and have Action for Rent, &c..
  • IV. Proviso for Guardian, &c. who shall make it appear that due Endeavour has been used to procure the Appearance of such Infant and Tenant for Life 
  • V …Guardians, Trustees, &c. holding over without consent of Remainder Man, &c. deemed Trespassers. Damages.

12. Supreme Court case of Republic vs. Gloria Bermudez-Lorino, Jan. 19, 2005, 449 SCRA 57 (Philippines): Declaration of presumptive death is a legal fiction created by law.

13. Anderson’s Dictionary of Law 1893 – Fiction

That which is feigned; assumed; pretended. The legal assumption that is true which is or may be false; an assumption of an innocent and beneficial character, made to advance the ends of justice; An allegation in legal proceedings that does not accord with the actual facts; and which may therefore be contradicted for every purpose except to defeat the beneficial purpose for which the fiction is allowed.

Fictions of law are highly beneficial and useful; especially as “no fiction extends to work an injury: “the proper operation is to prevent mischief or remedy an inconvience that might result from a general rule.” The maxim is, in fictione juris semper subsistit aequitas – in a fiction of law equity always subsists; a legal fiction is consistent with justice.But not admitted, where life, liberty, or personal safety is in jeopardy …Fiction makes several corporations out of what is really one, in order to give each State control over the charters it grants.

14. 341 U.S. 114, 71 S.Ct. 670, 95 L.Ed. 809 UNITED STATES v. PEWEE COAL CO., Inc. 1951- Whatever might have been Pewee’s losses had it been left free to exercise its own business judgment, the crucial fact is that the Government chose to intervene by taking possession and operating control. By doing so, it became the proprietor and, in the absence of contrary arrangements, was entitled to the benefits and subject to the liabilities which that status involves.

15. Corpus Juris Secundum, Estates, section 1: In its primary and technical sense, “estate” refers only to an interest in land; a usufruct is the right of using and enjoying and receiving the profits of property that belongs to another.

16. Land – The people of a nation, district, or region. [standard dictionary definition]

17. Corpus Juris Secundum, Infants, Section 166: Anyone who intermeddles with the property of an infant, without authority, is liable to account thereafter.

(Initiation of Trust Administration)

1. 1 USC § 204 – Codes and Supplements as evidence of the laws of United States and District of Columbia

In all courts, tribunals, and public offices of the United States, at home or abroad, of the District of Columbia, and of each State, Territory, or insular possession of the United States—

  • (a) United States Code.— The matter set forth in the edition of the Code of Laws of the United States current at any time shall, together with the then current supplement, if any, establish prima facie the laws of the United States, general and permanent in their nature, in force on the day preceding the commencement of the session following the last session the legislation of which is included: Provided, however, That whenever titles of such Code shall have been enacted into positive law the text thereof shall be legal evidence of the laws therein contained, in all the courts of the United States, the several States, and the Territories and insular possessions of the United States.

2. 2 Stat 153 “An alien may be admitted to become a citizen of the United States in the following manner, and not otherwise.” [keep in mind Article 7 of Lieber code]

  1. “He shall, two Years at least prior to his admission, declare before a proper court his intention to become a citizen of the United States, and to renounce his allegiance to the potentate or sovereignty of which he may be at the time a citizen or subject.”
  2. “He shall, at the time of his application to be admitted, declare, on oath, before some one of the court above specified, that he will support the Constitution of the United States, and that he absolutely and entirely renounces and abjures all allegiance and fidelity to every foreign prince, potentate, state, or sovereignty; and particularly, by name . to the prince, potentate, state, or sovereignty of which he was before a citizen or subject, which proceedings shall be recorded by the clerk of the court.”
  3. “It shall be made to appear to the satisfaction of the court admitting such alien that he has resided within the United States five years at least, and within the state or territory where such court is at the time held one year at least and that during that time he has behaved as a man of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same; but the oath of the resident shall in no case be allowed to prove his residence.”

3. Law of Nations Book 2 § 104 Protection due to foreigners.

The sovereign ought not to grant an entrance into his state for the purpose of drawing foreigners into a snare; as soon as he admits them, he engages to protect them as his own subjects, and to afford them perfect security, as far as depends on him. Accordingly, we see that every sovereign who has given an asylum to a foreigner, considers himself no less offended by an injury done to the latter, than he would be by an act of violence committed on his own subject. Hospitality was in great honour among the ancients, and even among barbarous nations, such as the Germans. Those savage nations who treated strangers ill, that Scythian tribe who sacrificed them to Diana, were universally held in abhorrence; and Grotius justly says that their extreme ferocity excluded them from the great society of mankind. All other nations had a right to unite their forces in order to chastise them. [extension of hospitality: grant of estate (BC) with the “natural reversion” attached]

4. Law of Nations Book 2 § 105 Their duties.

From a sense of gratitude for the protection granted to him, and the other advantages he enjoys, the foreigner ought not to content himself with barely respecting the laws of the country; he ought to assist it upon occasion, and contribute to its defence, as far as is consistent with his duty as citizen of another state. We shall see elsewhere what he can and ought to do, when the country is engaged in a war. But there is nothing to hinder him from defending it against pirates or robbers, against the ravages of an inundation, or the devastations of fire. Can he pretend to live under the protection of a state, to participate in a variety of advantages that it affords, and yet make no exertion for its defense, but remain an unconcerned spectator of the dangers to which the citizens are exposed?

5. Law of Nations Book 2 § 106 To what burdens they are subject.

He cannot, indeed, be subject to those burdens that have only a relation to the quality of citizens; but he ought to bear his share of all the others. Being exempted from serving in the militia, and from paying those taxes destined for the support of the rights of the nation, he will pay the duties imposed upon provisions, merchandise, &c., and, in a word, every thing that has only a relation to his residence in the country, or to the affairs which brought him thither.

6. Law of Nations Book 2 § 107 Foreigners continue members of their own nation.

The citizen or the subject of a state who absents himself for a time without any intention to abandon the society of which he is a member, does not lose his privilege by his absence: he preserves his rights, and remains bound by the same obligations. Being received in a foreign country, in virtue of the natural society, the communication, and commerce which nations are obliged to cultivate with each other (Prelim. §§ 11, 12; Book II. § 21), he ought to be considered there as a member of his own nation, and treated as such.

7. Law of Nations Book 2 § 108 The state has no right over the person of a foreigner;

The state, which ought to respect the rights of other nations, and in general those of all mankind, cannot arrogate to herself any power over the person of a foreigner, who, though he has entered her territory, has not become her subject. The foreigner cannot pretend to enjoy the liberty of living in the country without respecting the laws: if he violates them, he is punishable as a disturber of the public peace, and guilty of a crime against the society in which he lives: but he is not obliged to submit, like the subjects, to all the commands of the sovereign: and, if such things are required of him as he is unwilling to perform, he may quit the country. He is free at all times to leave it; nor have we a right to detain him, except for a time, and for very particular reasons, as, for instance, an apprehension, in war time, lest such foreigner, acquainted with the state of the country and of fortified places, should communicate his knowledge to the enemy. From the voyages of the Dutch to the East Indies, we learn that the kings of Corea forcibly detain foreigners who are shipwrecked on their coast; and Bodinus assures us, that a custom so contrary to the law of nations was practised in his time in Æthiopa, and even in Muscovy. This is at once a violation of the rights of individuals, and of those of the state to which they belong. Things have been greatly changed in Russia; in a single reign —that of Peter the Great — has placed that vast empire in the rank of civilized nations.

8. Law of Nations Book 2 § 109 nor over his property.

The property of an individual does not cease to belong to him on account of his being in a foreign country; it still constitutes a part of the aggregate wealth of his nation (§ 81). Any power, therefore, which the lord of the territory might claim over the property of a foreigner, would be equally derogatory to the rights of the individual owner and to those of the nation of which he is a member.

9. Law of Nations Book 2 § 132 Innocent passage.

The introduction of property cannot be supposed to have deprived nations of the general right of traversing the earth for the purposes of mutual intercourse, of carrying on commerce with each other, and for other just reasons. It is only on particular occasions, when the owner of a country thinks it would be prejudicial or dangerous to allow a passage through it, that he ought to refuse permission to pass. He is therefore bound to grant a passage for lawful purposes, whenever he can do it without inconvenience to himself. And he cannot lawfully annex burdensome conditions to a permission which he is obliged to grant, and which he cannot refuse if he wishes to discharge his duty, and not abuse his right of property. The count of Lupfen having improperly stopped some merchandise in Alsace, and complaints being made on the subject to the emperor Sigismund, who was then at the council of Constance, that prince assembled the electors, princes, and deputies of towns, to examine the affair. The opinion of the burgrave of Nuremberg deserves to be mentioned: “God,” said he, “has created heaven for himself and his saints, and has given the earth to mankind, intending it for the advantage of the poor as well as of the rich. The roads are for their use, and God has not subjected them to any taxes.” He condemned the count of Lupfen to restore the merchandise, and to pay costs and damages, because he could not justify his seizure by any peculiar right. The emperor approved this opinion, and passed sentence accordingly.

10. Law of Nations Book 2 § 133 Sureties may be required.

But, if any apprehensions of danger arise from the grant of liberty to pass through a country, the state has a right to require sureties: the party who wishes to pass cannot refuse them, a passage being only so far due to him as it is attended with no inconvenience. [see Declaration of Independence pledge]

11. Declaration of Independence – “charter document” for host nation: creates a public trust within the sphere of the Law of Nations with an implied acceptance of pledge; “And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.”

12. 50 U.S. Code § 196 – Emergency foreign vessel acquisition; purchase or requisition of vessels lying idle in United States waters During any period in which vessels may be requisitioned under chapter 563 of title 46, the President is authorized and empowered through the Secretary of Transportation to purchase, or to requisition, or for any part of such period to charter or requisition the use of, or to take over the title to or possession of, for such use or disposition as he shall direct, any merchant vessel not owned by citizens of the United States which is lying idle in waters within the jurisdiction of the United States and which the President finds to be necessary to the national defense.

13. Social Security Act of 1936

 TITLE V: GRANTS TO STATES FOR MATERNAL AND CHILD WELFARE

 PART 1-MATERNAL AND CHILD HEALTH SERVICES ALLOTMENTS TO STATES

  •     SEC. 502 (a) Out of the sums appropriated pursuant to section 501 for each fiscal year the Secretary of Labor shall allot to each State $20,000, and such part of $1,800,000 as he finds that the number of live births in such State bore to the total number of live births in the United States, in the latest calendar year for which the Bureau of the Census has available statistics. [beneficial use of fiction of law realized]
  •  (b) Out of the sums appropriated pursuant to section 501 for each fiscal year the Secretary of Labor shall allot to the States $980,000 [in addition to the allotments made under subsection (a)], according to the financial need of each State for assistance in carrying out its State plan, as determined by him after taking into consideration the number of live births in such State.

14. 46 U.S. Code § 56305 – Vessel encumbrances

(a) In General.— The existence of an encumbrance on a vessel does not prevent the requisition of the vessel under this chapter.

(b) Deposit in Treasury.—

  • (1) In general.— If an encumbrance exists, the Secretary of Transportation may deposit part of the compensation or advance of compensation to be paid under this chapter (but not more than the total amount of all encumbrances) in a fund in the Treasury. The Secretary shall publish notice of the creation of the fund in the Federal Register.
  • (2) Availability of amounts deposited.— Amounts deposited in the fund shall be available to pay the compensation or any of the encumbrances (including encumbrances stipulated to in a court of the United States or a State) existing at the time the vessel was requisitioned.

15. 50 U.S. Code § 192 – Seizure and forfeiture of vessel; fine and imprisonment

(e) Withholding of clearance

(1) In general

If any owner, agent, master, officer, or person in charge of a vessel is liable for a penalty or fine under subsection (c) of this section, or if reasonable cause exists to believe that the owner, agent, master, officer, or person in charge may be subject to a penalty or fine under this section, the Secretary may, with respect to such vessel, refuse or revoke any clearance required by section 60105 of title 46.

(2) Clearance upon filing of bond or other surety The Secretary may require the filing of a bond or other surety as a condition of granting clearance refused or revoked under this subsection.

46 U.S. Code § 60105 – Clearance of vessels

(c) Regulations.— The Secretary may by regulation—

(1) prescribe the manner in which clearance under this section is to be obtained, including the documents, data, or information which shall be submitted or transmitted, pursuant to an authorized data interchange system, to obtain the clearance;

(2) permit clearance to be obtained before all requirements for clearance are complied with, but only if the owner or operator of the vessel files a bond in an amount set by the Secretary conditioned on the compliance by the owner or operator with all specified requirements for clearance within a time period (not exceeding 4 business days) established by the Secretary; and

(3) permit clearance to be obtained at a place other than a designated port of entry, under conditions the Secretary may prescribe.

50 U.S. Code § 191 – Regulation of anchorage and movement of vessels during national emergency.

(b) to safeguard against destruction, loss, or injury from sabotage or other subversive acts, accidents, or other causes of similar nature, vessels, harbors, ports, and waterfront facilities in the United States and all territory and water, continental or insular, subject to the jurisdiction of the United States.

The President may delegate the authority to issue such rules and regulations to the Secretary of the department in which the Coast Guard is operating. Any appropriation available to any of the Executive Departments shall be available to carry out the provisions of this title.

14 U.S. Code § 3 – Department in which the Coast Guard operates

(a) In General.— The Coast Guard shall be a service in the Department of Homeland Security, except when operating as a service in the Navy.

(b) Transfers.— Upon the declaration of war if Congress so directs in the declaration or when the President directs, the Coast Guard shall operate as a service in the Navy, and shall so continue until the President, by Executive order, transfers the Coast Guard back to the Department of Homeland Security. While operating as a service in the Navy, the Coast Guard shall be subject to the orders of the Secretary of the Navy, who may order changes in Coast Guard operations to render them uniform, to the extent such Secretary deems advisable, with Navy operations.

I believe that the Coast Guard’s move to the Department of Homeland Security will be another one of those developments, and that as a result the Coast Guard will be even better prepared to promote public safety, protect the environment, and defend the economic and security interests of the United States in the maritime domain.From Homeland Security Website

(Initiate Purchase sequence)

1. Lieber Code Article 2: Martial law does not cease during the hostile occupation, except by special proclamation, ordered by the commander-in-chief, or by special mention in the treaty of peace concluding the war, when the occupation of a place or territory continues beyond the conclusion of peace as one of the conditions of the same. [each one negotiates his peace which is basically arrange one’s affairs to best suit one’s needs: 1863 Banking Act intent

2. Law of Nations Book 2 § 105 Their duties.

From a sense of gratitude for the protection granted to him, and the other advantages he enjoys, the foreigner ought not to content himself with barely respecting the laws of the country; he ought to assist it upon occasion, and contribute to its defence, as far as is consistent with his duty as citizen of another state [such as “the father’s kingdom”]. We shall see elsewhere what he can and ought to do, when the country is engaged in a war. But there is nothing to hinder him from defending it [host nation] against pirates or robbers, against the ravages of an inundation, or the devastations of fire. Can he pretend to live under the protection of a state, to participate in a variety of advantages that it affords, and yet make no exertion for its defense, but remain an unconcerned spectator of the dangers to which the citizens are exposed?

3. Hague Article 43 – Essential Task: Restore Public Order and Safety

[From: US Army Doctrine and Belligerent Occupation]

The first essential task is to restore public order and safety; 2. Allows the occupant and the local inhabitants to form an agreement to maximize their benefits to both

4. Geneva Convention Article 5

Inhabitants of the country who may bring help to the wounded shall be respected, and shall remain free. The generals of the belligerent Powers shall make it their care to inform the inhabitants of the appeal addressed to their humanity, and of the neutrality which will be the consequence of it. Any wounded man entertained and taken care of in a house shall be considered as a protection thereto. Any inhabitant who shall have entertained wounded men in his house shall be exempted from the quartering of troops, as well as from a part of the contributions of war which may be imposed.

5. United Nations – Universal Declaration of Human Rights – Article 6 – Everyone has the right to recognition everywhere as a person before the law.

6. United Nations – Universal Declaration of Human Rights – Article 7 – All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination

7. Declaration of Independence – “And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.”

8. UCC 3-305 (a) Except as otherwise provided in this section, the right to enforce the obligation of a party to pay an instrument is subject to the following:

(1) a defense of the obligor based on (i) infancy of the obligor to the extent it is a defense to a simple contract, (ii) duress, lack of legal capacity, or illegality of the transaction which, under other law, nullifies the obligation of the obligor.

9. UCC 3-306 A person taking an instrument, other than a person having rights of a holder in due course, is subject to a claim of a property or possessory right in the instrument or its proceeds, including a claim to rescind a negotiation and to recover the instrument or its proceeds. A person having rights of a holder in due course takes free of the claim to the instrument.

10. Florida Statute 648.442 especially (1) (d) …Other acceptable forms of security or indemnity may consist of the following:

(d) Any Uniform Commercial Code filing; or

11. Repudiation: The rejection or refusal of a duty, relation, right, or privilege.

Repudiation of a contract means a refusal to perform the duty or obligation owed to the other party.

12. UCC 2-610 When either party repudiates the contract with respect to a performance not yet due the loss of which will substantially impair the value of the contract to the other, the aggrieved party may

(a) for a commercially reasonable time await performance by the repudiating party; or

(b) resort to any remedy for breach (Section 2-703 or Section 2-711), even though he has notified the repudiating party that he would await the latter’s performance and has urged retraction; and

(c) in either case suspend his own performance or proceed in accordance with the provisions of this Article on the seller’s right to identify goods to the contract notwithstanding breach or to salvage unfinished goods (Section 2-704).

13. UCC 2-703 Where the buyer wrongfully rejects or revokes acceptance of goods or fails to make a payment due on or before delivery or repudiates with respect to a part or the whole, then with respect to any goods directly affected and, if the breach is of the whole contract (Section 2-612), then also with respect to the whole undelivered balance, the aggrieved sellermay

(a) withhold delivery of such goods;

(b) stop delivery by any bailee as hereafter provided (Section 2-705);

(c) proceed under the next section respecting goods still unidentified to the contract;

(d) resell and recover damages as hereafter provided (Section 2-706);

(e) recover damages for non-acceptance (Section 2-708) or in a proper case the price (Section 2-709);

(f) cancel.

14. UCC 2-106 (1) In this Article unless the context otherwise requires “contract” and “agreement” are limited to those relating to the present or future sale of goods.

15. UCC 1-201 (29) “Purchase” means taking by sale, lease, discount, negotiation, mortgage, pledge, lien, security interest, issue or reissue, gift, or any other voluntary transaction creating an interest in property. [see Declaration of Independence pledge]

  • UCC 9-102 (a)(6) “As-extracted collateral” means:
  • (A) oil, gas, or other minerals that are subject to a security interest that:
  • (i) is created by a debtor having an interest in the minerals before extraction; and
  • (ii) attaches to the minerals as extracted; or
  • (B) accounts arising out of the sale at the wellhead or minehead of oil, gas, or other minerals in which the debtor had an interest before extraction.
  • Lieber Code article 134 The commander of an occupying army may require of the civil officers of the enemy, and of its citizens, any pledge he may consider necessary for the safety or security of his army, and upon their failure to give it he may arrest, confine, or detain them.
  • UCC 3-301 (a) “Negotiation” means a transfer of possession, whether voluntary or involuntary, of an instrument by a person other than the issuer to a person who thereby becomes its holder.
  • UCC 3-302 (a) Negotiation is effective even if obtained
  • i) from an infant, a corporation exceeding its powers, or a person without capacity,
  • (ii) by fraud, duress, or mistake, or
  • iii) in breach of duty or as part of an illegal transaction.
  • (b) To the extent permitted by other law, negotiation may be rescinded or may be subject to other remedies, but those remedies may not be asserted against a subsequent holder in due course or a person paying the instrument in good faith and without knowledge of facts that are a basis for rescission or other remedy.

16. UCC 1-201 (30) “Purchaser” means a person that takes by purchase.

17. UCC 8-303 (a) “Protected purchaser” means a purchaser of a certificated or uncertificated security, or of an interest therein, who:

  1. gives value;
  2. does not have notice of any adverse claim to the security; and
  3. obtains control of the certificated or uncertificated security.
  • (b) In addition to acquiring the rights of a purchaser, a protected purchaser also acquires its interest in the security free of any adverse claim.

18. UCC 8-106 (d) A purchaser has “control” of a security entitlement if:

  • (1) the purchaser becomes the entitlement holder

19. Commissioner v. Estate of Field – “It makes no difference how vested may be the remainder interests in the corpus or how remote or uncertain may be the decedent’s reversionary interest. If the corpus does not shed the possibility of reversion until at or after the decedent’s death, the value of the entire corpus on the date of death is taxable.’ “

20.26 USC 2037(b) the term “reversionary interest” includes a possibility that property transferred by the decedent:

  1. may return to him or his estate,
  2. or may be subject to a power of disposition by him,

21. 26 USC 673 (a) General rule: The grantor shall be treated as the owner of any portion of a trust in which he has a reversionary interest in either the corpus or the income therefrom, if, as of the inception of that portion of the trust, the value of such interest exceeds 5 percent of the value of such portion.

22. 12 USC 95a(2) Any payment, conveyance, transfer, assignment, or delivery of property or interest therein, made to or for the account of the United States … pursuant to this section … shall to the extent thereof be a full acquittance and discharge for all purposes of the obligation of the person making the same [exact same text is found in Trading with the Enemy Act of 1917]

23. UCC 8-501 (b) a person acquires a security entitlement if a securities intermediary:

  • (3) becomes obligated under other law, regulation, or rule to credit a financial asset to the person’s securities account. [would 12 USC 95a (2) be the obligation?]

24. UCC 8-102 (7) “Entitlement holder” means a person identified in the records of a securities intermediary as the person having a security entitlement against the securities intermediary. If a person acquires a security entitlement by virtue of Section 8-501(b)(2) or (3), that person is the entitlement holder. [NAME]

25. UCC 8-102 (17) “Security entitlement” means the rights and property interest of an entitlement holder with respect to a financial asset

26. UCC 8-103 (a) A share or similar equity interest issued by a corporation, business trust, joint stock company, or similar entity is a security. [According to legal dictionaries, Securities are documents that merely represent an interest or a right in something else] [Birth Certificate]

27. UCC 8-501 (e) Issuance of a security is not establishment of a security entitlement.

28. Lilienthal v. Ballou, 125 Cal. 183, 57 P. 897 “A pledge is a deposit of personal property as security (Civ.Code, § 2986), and is dependent on possession, and is not valid until the property is delivered to the pledgee (Civ.Code, § 2988). The delivery must be as complete as is required in case of sales of personal property by Section 3440 of the Civil Code, and change of possession must be continuous and open.” (emphasis added)

29. UCC 8-102 (9) “Financial asset,” except as otherwise provided in Section 8-103, means:

(i) a security;

30. UCC 8-501(d) If a securities intermediary holds a financial asset for another person, and the financial asset is registered in the name of, payable to the order of, or specially indorsed to the other person, and has not been indorsed to the securities intermediary or in blank, the other person is treated as holding the financial asset directly rather than as having a security entitlement with respect to the financial asset.

31. UCC 8-102 (11) “Indorsement” means a signature that alone or accompanied by other words is made on a security certificate in registered form or on a separate document for the purpose of assigning, transferring, or redeeming the security or granting a power to assign, transfer, or redeem it.

32. Assign – According to legal dictionaries, assign means to transfer one’s duty, interest, or right to another, especially regarding property or under a contract, so that the transferee has the same duty, interest, or right as the transferor had … any other voluntary transaction creating an interest in property.

33. Matter of Staff Mortg. & Inv.Corp., 550 F.2d 1228 (9th Cir 1977) “Under the [Uniform Commercial Code], the only notice sufficient to inform all interested parties that a security interest in instruments has been perfected is actual possession by the secured party, his agent or bailee.”

34. UCC 8-102 (14) “Securities intermediary” means:

  • (ii) a person, including a bank or broker, that in the ordinary course of its business maintains securities accounts for others and is acting in that capacity. [the institutions and other persons subject to Office of the Comptroller of the Currency jurisdiction]

35. UCC 8-102 (d) The characterization of a person, business, or transaction for purposes of this Article does not determine the characterization of the person, business, or transaction for purposes of any other law, regulation, or rule.

(Initiation of Enforcement Protocols for Purchase Agreement)

1. 12 USC 1 (a) Office of the Comptroller of the Currency established

There is established in the Department of the Treasury a bureau to be known as the “Office of the Comptroller of the Currency” which is charged with assuring the safety and soundness of, and compliance with laws and regulations, fair access to financial services, and fair treatment of customers by, the institutions and other persons subject to its jurisdiction.

1. Lieber Code Article 2. Martial Law does not cease during the hostile occupation, except by special proclamation, ordered by the commander in chief; or by special mention in the treaty of peace concluding the war, when the occupation of a place or territory continues beyond the conclusion of peace as one of the conditions of the same.

3. Hague Article 43 – Essential Task: Restore Public Order and Safety [From: US Army Doctrine and Belligerent Occupation]

The first essential task is to restore public order and safety.

  • (1) Allows the peaceful inhabitants of an occupied territory to continue with their day-to-day lives.
  • (2) Allows the occupant and the local inhabitants to form an agreement to maximize their benefits to both.
  • (3) This task is so broad that it encompasses many of the functions associated with government administration.

Implied Task: Domestic Security

A trusted police force allows for a heightened sense of security in the local populace, reduces crimes against and by the inhabitants, and aids in administering military law. The process of establishing a domestic police force can take some time. Local law enforcement personnel may need to be investigated to ensure that they are reliable, that they are not associated with human rights abuses, and that they are not involved in criminal activity.

4. Constitution Article 1 Section 10: No law impairing the obligation of contract; No State shall …make any Thing but gold and silver Coin a Tender in Payment of Debts

5. Lieber Code Article 31: A victorious army appropriates all public money, seizes all public movable property until further direction by its government, and sequesters for its own benefit or of that of its government all the revenues of real property belonging to the hostile government or nation. The title to such real property remains in abeyance during military occupation, and until the conquest is made complete. [impairment of obligation of contract]

6. Lieber Code Article 38: Private property, unless forfeited by crimes or by offenses of the owner, can be seized only by way of military necessity, for the support or other benefit of the army or of the United States. If the owner has not fled, the commanding officer will cause receipts to be given, which may serve the spoliated owner to obtain indemnity. [spoliated owner is now “protected purchaser”]

7. Hague Article 55 – Occupying state as usufructuary and all public real estate and agricultural estates administered under the rules of usufruct. [see UNITED STATES v. PEWEE COAL CO., Inc. 1951]

8. Emergency Banking Act of 1933: removal of gold and silver from circulation [impairment of obligation of contract] … Note: 1864 Banking Act = government purchased all one does

9. 2 USC 95a(2) … and no person shall be held liable in any court for or in respect to anything done or omitted in good faith in connection with the administration of, or in pursuance of and in reliance on, this section, or any rule, regulation, instruction, or direction issued hereunder.

10. 2 USC § 95b The actions, regulations, rules, licenses, orders and proclamations heretofore or hereafter taken, promulgated, made, or issued by the President of the United States or the Secretary of the Treasury since March 4, 1933, pursuant to the authority conferred by section 95a of this title, are approved and confirmed.

11. Social Security Act of 1936

TITLE V -GRANTS TO STATES FOR MATERNAL AND CHILD WELFARE

PART 1-MATERNAL AND CHILD HEALTH SERVICES ALLOTMENTS TO STATES

SEC. 502 (a) Out of the sums appropriated pursuant to section 501 for each fiscal year the Secretary of Labor shall allot to each State $20,000, and such part of $1,800,000 as he finds that the number of live births in such State bore to the total number of live births in the United States, in the latest calendar year for which the Bureau of the Census has available statistics. [beneficial use of fiction of law realized]

(b) Out of the sums appropriated pursuant to section 501 for each fiscal year the Secretary of Labor shall allot to the States $980,000 (in addition to the allotments made under subsection (a)), according to the financial need of each State for assistance in carrying out its State plan, as determined by him after taking into consideration the number of live births in such State. [beneficial use of fiction of law realized]

12. C.J.S. Volume 7, Section 4: ATTORNEY AND CLIENT

“His first duty is to the courts and the public, NOT to the CLIENT, and whenever the duties to his client conflict with those he owes as an officer of the court in the administration of justice, the former must yield to the latter.” [NAME is public property of UNITED STATES; UNITED STATES is beneficial owner]

13. 14th Amendment US Constitution Section 4

The validity of the public debt of the United States, authorized by law [12 USC 95a (2)], including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion [adverse claim], shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States [adverse claim], or any claim for the loss or emancipation of any slave [presumed surety]; but all such debts, obligations and claims shall be held illegal and void.

14. United States vs PeWee Coal, 1951 (341 U.S. 114, 71 S.Ct. 670, 95 L.Ed. 809)

Whatever might have been Pewee’s losses had it been left free to exercise its own business judgment, the crucial fact is that the Government chose to intervene by taking possession and operating control. By doing so, it became the proprietor and, in the absence of contrary arrangements, was entitled to the benefits and subject to the liabilities which that status involves.

https://articleatlas.com Providing information on how the Cestui Que trust was formed and the trust has gone dead and they are construing the trust and operating the trust without you. With this material provided here you can straighten this out as beneficial owner with ultimate “Controlling” interest.
 

Copyright © All Rights Reserved