Sunday, February 3, 2013

OVERVIEW OF ADMIRALTY / MARITIME LAW – MARCH 15, 2004 – TAPE 1 BY JEAN KEATING

Tape 1 of 4:
Admiralty Court has two different tribunals:
1. “Instant Court” of Admiralty Jurisdiction is under US Const. Art. 3, Sec.. 2.
2. “Prize Phase” of Admiralty Jurisdiction is under the WAR POWERS ACT, Art 1, Sec 8, Clause 11. Law of Prize is a military venue and, when they do a “capture”, it is done under the WPA, Art. 1, Sec. 8, Clause 11. A “Seizure” under the civilian venue is done under the US Const., Art. 3, Sec. 2.3.
All is being orchestrated by the Lord High Admiral, the President of the US.
4. All or your judges on the bench today are commissioned vice admirals under the King’s Bench.
5. The IRS Code 9.17 states “All assets or seizures are done under the Supplementary Rules, A B C D F G, under the Insurrection and Rebellion Act passed, the first of two Acts was passed 8/6/1861; the second was passed 7/17/1862. See Vol. 12 of the US Statutes-at-Large.
                                           Maritime Law has two distinct forms:
Emergency Bank Act was passed by Roosevelt March 9, 1933, aka War Powers Act, and Section 2 amended the Trading With The Enemy Act, originally passed 10/6/1917 to include domestic transactions and made citizens of the US Enemies. Section 5b in the original Act excluded domestic transactions and citizens of the US.

“Constitution of no Authority” by Lysander Schooner. There is an unlimited grant of power.
“A View of the Constitution” by Anthony Stokes
Read the “Protocols of Zion”, 11 and 12, by Victor E. Marsden. http://www.biblebelievers.org.au/przion1.htm
You cannot sue anyone under the Common Law in an Admiralty Court.
Title 11, Sec. 109, all citizens of the US are debtors in bankruptcy.
Title 26, Sec. 6305, Upon certification from the Secretary, the Commissioner shall collect the obligation as though it were a tax. It means they are collecting an insurance premium. Everything is insurance under contributions. Tribulations are contributions.
Legans sink; flotsam floats.
Olivio v. Belois, case number 3076
Learn how to put a writ together the right way.
Federal Common Law, 31 Lawyer’s edition, Get it and read it. Law, Equity, and the 57 Rules of Admiralty were merged. Under the Rules of Civil Procedure in 1966.
Erie v. Tompkins decision,
Federal Rule Decisions, vol. 34, p. 325, 150 pages lay out all of the changes of everything they did in 1966.
Waiver and Consent. Ramsey v. Alegra,1827 Supreme Court decision, this is why, if you do not go into the court, they arrest you, use coercion to bring you into the court to make you make a general appearance so they can get Venue, not jurisdiction. Venue is territorial. Your zip code identifies your military venue under the guise of the IRS. They want you to come into the court and ID yourself, which gives them venue, then they assess your obligation under the contract so formed. The presumption is that you are the Debtor.
August 25, 1983, the Federal Register designated all of your military districts by zip code, which identifies the IRS District, because they do not want you to know that you are in military districts. Each has a Provost Marshall over each district. Then they put a Provost Marshall General under the Bureau of War out of Washington, DC over the Provost Marshalls.
A person was held in a state jail without a charge. The Provost Marshall was called and he told the jail people that if the person was not released, they would be arrested. You have rights and remedies. They get you to go in and waive your remedy.
Title 46, 781 and 782 – Public Vessels Act
Mathew 24 and 25:
CATRONA 297 Fed.Supp. p. 827, 1924 District Court decision. In admiralty, they fictionalize the vessel; they make the vessel a juristic person. Public Vessels Act, 1925 – they fictionalized the vessels. In 1920, they passed the Suits in Admiralty Act, where the US waived judicial and sovereign immunity and they consented to be sued. In Admiralty, that is where your article 3 court is. That is where your common law is. Under the Admiralty. Every state case should be moved under Title 28, Sec. 1446 - Move to Federal court as a Federal Question under the constitution, Art. 3, Sec. 2 gives the District Court original jurisdiction of all Admiralty Maritime claims. Rule 9(a) says you can do that.
Rule 9(a) – Do your negative averment.
Title 28, Sec. 1333 – Gives the District Court original jurisdiction exclusive of the courts of the state. These courts do not have jurisdiction under Admiralty. Nature = Admiralty jurisdiction; Cause = Venue in Maritime Law.
Defense – Privity and Knowledge means that if you commit an overt act that contributes to the loss, you cannot collect on the claim. The government created the problem by overselling Gold Contracts. They want everybody to pay for the loss through contributions.
Joint Tort Seizure Act – Every state has passed a Joint Tort Seizure Act. A Tort Seizure is any person who has committed an injury or a civil wrong. Every time they bring you into court, it is a Maritime Tort.
Blerk’s Practice. This is what they were using in the colonies when they were suppressing the colonists. Blerk’s Practice says that a maritime tort is the same thing as assumpsit on contract of debt. It is a Chose In Action. See Corpus Juris Secundum, Vol. 2, under Admiralty, Section 150 to 166, Court of Common Pleas, Municipal Court, Etc, all came from the old English Admiralty. What you should be doing is a Letter of Undertaking or Stipulation per Monroe v. Alabama.
A general appearance under Admiralty is when you go in there and recognize the court, which is a fiction. If you recognize the plaintiff, who is a legal fiction, and you recognize the defendant, who is a legal fiction. When you give them your name, What is a court? A court is where a contract is made. Every time you give these people any information. Go read George Mercer.
He wrote the book on Contracts. Also, Tulane Law Review, vol. 55, written by a professor on contributions and indemnity and it is all Maritime Law. There are four types of indemnity: There is 1. Express Contract; 2. Implied Contract; 3. Statutorily; and, 4 Indemnity Restitution.
Two types of Contribution: 1. Pro Rata; and, 2. Degree of Fault.
Common Law is your divine law. You have to have a corpus deliciti (body of an offense); there has to be a victim.
Expatriation under Title 8, Sec. 1481, sub section 6 which says that you have to do a formal renunciation of the citizenship under the War Powers Act. If you read Title 50, sec. 7c, your sole remedy is under this section and the Acts passed in pursuance thereof. You have to do it with the Attorney General because he is the property custodian of Title 50 and the Appendix, Sections 1 through 10. This is where you will find this Trading With The Enemy Act.
Sue the government in the Suits and Admiralty act, and they will run from you. The Truth In Admiralty Act is in Title 46, section 742, Suits in Admiralty. Title 46, section 781 is the Public Vessel Act. Title 46, section 740 is The Extension Act. You sue them in Suits in Admiralty.
Isaiah 24:5; This is what Planet X is about. This planet is going out of orbit.
Mathew 25
In Admiralty, you have a remedy to get out of this. When you go into court, you have to make a special appearance. A guy went into court and said I am here without prejudice, without waiving any rights, remedies, statutorial or procedural. This comes out of UCC 1-207. If you waive any rights or defenses, you have made a general appearance. The court has venue and can impose the liability on you because of the contract that you have. If you recognize the court, the defendant, or the plaintiff, the court has venue.
Cactus Pipe and Supply Company v. MN MONTMARTRE 756 f. 2d 1103-1113 (1985) by waiver and consent. See RAMSAY v. ALLEGRE 12 Wheat p. 611 (1827).
Freight, Inc., The creditors rights can be the subject of a complaint in Admiralty.
All Admiralty Cases are in the rem, res (race)
Black’s, 5th Ed., page 713: In Rem – A technical term used to designate proceedings or actions instituted against the thing, in contradistinction to personal actions, which are said to be in personam.
An “action in Rem” is a proceeding that takes no cognizance of owner but determines right in specific property against all of the world, equally binding on everyone. Flesch v. Circle City Excavating and Rental Corp., 137 Ind.App. 695, 210 N.E.2d 865, 868. It is true that, in a strict sense, a proceeding in rem is one taken directly against property, and has for its object the deposition of property, without reference to the title of individual claimants; but, in a larger and more general sense, the terms are applied to actions between parties, where the direct object is to reach and dispose of property owned by them, or of some interest therein. Such are cases commenced by attachment against the property of debtors, or instituted to partition real estate, foreclose a mortgage, or enforce a lien. Pennoyer v. Neff, 95 U.S. 714, 24 L.Ed. 565. In the strict sense of the term, a proceeding “in rem” is one which is taken directly against property or one which is brought to enforce a right in the thing itself.
Actions in which the court is required to have control of the thing or object and in which an adjudication is made as to the object which binds the whole world and not simply the interests of the parties to the proceeding. Flesch v. Circle City Excavating & Rental Corp., 137 Ind.App. 695, 210 N.E.2d 865.
See also In personam; In rem jurisdiction; Quasi in rem.
Black’s, 5th Ed., page 1172 – 1173: Res – The subject matter of a trust or will. In the civil law, a thing; an object. As a term of the law, this word has a very wide and extensive signification, including not only things which are objects of property, but also such as are not capable of individual ownership. And in old English law it is said to have a general import, comprehending both corporeal and incorporeal things of whatever kind, nature, or species. By “res,” according to the modern civilians, is meant everything that may form an object of rights, in opposition to “persona,” which is regarded as a subject of rights. “Res,” therefore, in its general meaning, comprises actions of all kinds; while in the restricted sense it comprehends every object of right, except actions. This has reference to the fundamental division of the institutes, that all law relates either to persons, to things, or to actions.
Res is everything that may form an object of rights and includes an object, subject-matter or status. In re Riggle’s Will, 11 A>D.2d 51, 205 N.Y.S.2d 19, 21, 22. The term is particularly applied to an object, in an action, or as the object against which, directly, proceedings are taken. Thus, in a prize case, the captured vessel is “the res”; and proceedings of this character are said to be in rem. (See In Personam; In Rem.) “Res” may also denote the action or proceeding, as when a cause, which is not between adversary parties, is entitled “In re ______.”
Classification – Things (res) have been variously divided and classified in law, e.g., in the following ways: (1.) Corporeal and incorporeal things; (2.) movables and immovables; (3.) res mancipi and res nec mancipi; (4.) things real and things personal; (5.) things in possession and choses (i.e., things) in action; (6.) fungible things and things not fungible (fungibles vel non fungibiles); and, (7.) res singulae (i.e., individual objects) and universitates rerum (i.e., aggregates of things). Also persons are for some purposes and in certain respects regarded as things.
UCC 1-201 – Rights are remedies.
Ohio Revised Statutes, 1301.102 – Definitions. Section (ee): Presumption - The tryer of the facts shall presume the facts are true if facts are not put into the record to show a contrary finding. All of these courts are courts of Assumpsit. Assumpsit means I agree or I undertook to indemnify the public and national debt under the Doctrine of Contributions, which is an Admiralty and Maritime insurance policy, under Delivio v. Beloit 3076, so you are a debtor under contract.
They are working on presumptions. What is the presumption? That you are the debtor. They want you to come in there and identify yourself and then pay your obligation under the contract under a Maritime Tort, which is the same thing as a Maritime contract.
HJR 192, (June 5, 1933), The Emergency Banking Act, which was codified into Title 31, section 5118 (2)(d). It is hereby declared to be against public policy for any contract or obligation to contain a clause which purports to give the obligee the right to demand payment in any kind of specific coin or currency of the US. In 1977, it was amended to allow gold and silver coins, but they are still not legal tender. They are still not using money as legal tender. FRN are not money; they are private bills of credit aka bills of exchange.
Under the UNCOTIL United Nations Commission On Trade and International Law, they superceded Article 3 of the UCC in December 5, 1988 in New York City. It is no good anymore under this convention. They have an International UCC and it tells you how to do these bills of exchange. There are 96 articles in this convention, and it tells you how to do the International Bill of Exchange.
International Bill of Exchange
Bank checks are International bills of exchange.
The United Nations Treaty is the Supreme Law of the Land, not the Constitution.
72 judges and commissioners, called the National Conference of Commissioners, put the UCC together in 1940. The did it from the NIL196 Negotiable Instruments Law 196, which comes from the English Bill of Exchange Act of 1691 and 1692.
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