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uide
to
Non-statutory Abatement
Processes
by
Randy Lee and John William
Honorable Fellows
in
Good Standing with the
California Jural Societies
and
John Joseph.
Compiled in the Second month
in
the Year ofOur Lord
Nineteen hundr
ed
and
Ni
nety-six
in
the
Two
hundred and Twentie th Year
of
the Independence
of
America.
Copyright
©
996 by
The California Jural Society Press
Second Printing 1996
Revision 2.0
Published and Distributed by
The American Jural Society Press
Canoga Park California
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Table
o
ontents
Preface and Acknowledgements................... ...... ....... .......................... .
...... ..... ...... .... ...............
I
Part
One
Historical Background....... ....... .............. .............. ............................................... ....... ............. .... I
Death of a Republic.............. ..... .... ................ .......... ............................ ......... ........... ............. ... I
In tr
oduction to Non-Statutory Abatements................... .... ......
............ ............................. ............ 7
What Non-Sta
tu
tory Abatements Do .......... ............. . ..... ............. ......... .
............. .... .......... ......
7
Faith He lps
...
....................................................... .......
. .... ....... ..................................
........ 9
Th e Ge neral Rules. ....... ......... .......... ........... . ................ ................. ....... ... ........................ ......
10
Plea Out of Bar
...... ....... .......... ..............
.............
........................ .
..............
......... ..............
10
When
to
Use Abatement Processes.............................
.................. .................. ................ .......
On Appearance .... ..... ......... ..... ..... .. ..... ................ ......... ........ ..... .................. ......... ....... ..... . 13
The Rules of English....... .... .... .................... . .............................................. ....
....... ....... ..... ...
16
What s in a Wo rd .................... ........................ ....... ..... ...... ...................... .......... ................ ... 17
Letters from the Government.... ..... ............ ......
..................... .................. .......................... 18
Response Tactics of Im perial Powers...................... ........
............................................
......... 18
Respons Tactics of the Private Christian Man ......................................................... ................... 20
Misnomer....
............
..................................... ..................................................
......... ............
21
Ki
tchen Sinkers.
..........
.... ..... .... ......................
......
.... .
................ ...
..... ..............
.........
22
On th
e Unifo
rm
Commercial Code.... ...... ... ........... .................... ...... .......... ....... ......................
...
22
Conflict of Laws.
..................................................... ....
.................... ...... .......................... ...... .. 23
Recognizing Defective Process ....... .................... .
........................ ......... ..... ............................... 23
Address vs. Location...............
............ ....... ......... .......... .......... .... . ................. ..........
.......
24
Serv
e IL Don t File
It
........................
..........
.................
.........................
25
Se rving Non-Statutory Abatement Processes.... ..... ....... ..................... ..........
................. ............. 25
Actions Against
Wo
men.... .............
.
..
..........
.................. ..............
............ ....... ................ .
27
Footnotes..
. ......... ......... ......... ... .. ..... ..................... ....... ................
................ ..
.............. 28
Part Two
The General Terms
.......
.............
.................. .............. ............ ...... .......... ............................. . 30
Maxim s of Law in Abatements........................... .................. ................................ ·.................... .
32
Sample Abatement of Invalid persona designata.......... .......... ..................................................... 33
Sample Default for Invalid persona designata..... ................................. ............ ...................... ..... 39
Sample Abatement of the Internal Revenue Service................ .... ................ ..... ......... ................. .
41
Sample Abatement of Federal Tax Lien.......................... .... .............. ......... ...... .......... ............. · 47
Samp le Abatement of Foreclosure...........
... ................. ........... ........ .
.... ...............
........... ....... . 53
Sample Abatement of Traffic Warranl... ...... .............. ..... ............. .... .... ....................... ......... ... · 60
Sample Abatement
of
Action Against a Wife or Child............ ............. ............ .............
............
66
Sample Abatement of Traffic Ticket...... .... ............ ........... ............ ...... ..................
..................... 72
Educational Material from the California Jural Sociery Press
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Preface
With the traordinarv s
ll
ecess of the No n-sta tutory Abatement Package. Version 1.0. The American Jural
Society Press has decided to Issue a fo rmal Handbook incorporating additional information and new lv formulated
process that has been developed since the Package
waS
released one year ago. .
Th us.
The
Non-Statutory Abatement Handbook.. Ve rsion 2 incorporates new material regarding when and
how lO use abate ments: additions/c han ges [ abateme nt wording: the use of special fea
tur
es
that oo
th broaden the
applica tion of. and end the reac h of. non -statutory abatements . Much
of
the new mate rial is used onlv under
special c irc
um
stances The average len
gt
h of
the proce
ss
may
be c:\1e
nd
ed
ap pro
xi
mat
ely one page a
nd no morc
Success has also brought man y imitators out of the woodwork.. who. without pennission or a polite request
have merg
ed
Ve rsion 1.0 into their works. charge a healthy fee for it
and
have not even bothered to acknowledge
those who resurrected the process and distributed it to America
\Ve
ex
pec
t tlus pr
act
ice to be even
mor
e
wi
des
pr
ead
wi
th
the
pr
ese
nt
Hanci1:x>ok
A
ppar
e
ntly.
there
are
many
out the re in the law reform move ment. who have the same ethics as those thev use the abateme nt against.
But.
many
arc abbreviating the package 3nd dropping
the
exampl e cases The po i
nt
of this is beyond
ex
plaining
. Why would anvone drop the very items that are proof of the abatements success unless thev had an
a
lt
rior
motive
?
(nformation has come to us that th
ere
are those with a vested
int
erest in seeing the abatements
faiL
and ha
ve
thus modified them in sub
tl
e. but critical wavs that have cost people their
li
berty
and
property.
This is r
ep
rehenstble no maner who does it.
Thus we ca ution Readers to make cena in they have an original wo rk and not a doctored'
ve
rsion f you have
an
y questions concerning the Handbook cail 8 18-347-7080.
ACKNUWLEDGMENTS
A
in pr
ev
ious issues. there are many who have contributed to this work
Howeve
r
we would like at this point to thank all those who have ca Ued us in the last year to either ask
questio ns. or offer their personal
ex
periences w
ith
abatements thev had
served
This has greatly added to the
continued development of the non-statutory abatement process
and
has helped us to
acquir
e a large amount of
knowledge of how effective they have been.
The reaction of public officers to abatements has generated a profile of typical responses. none
of
which seem
to amount to anything more than
an
invitation to appear voluntarily whi
ch
is the best indicator of just how
powerful the abatement process is.
And of course. there
are tho
se who
ca
Ued to thank us. often in ways that were difficult to listen to without
cromion
To
aU of you we
at
The American Jural Society Press would like to be able to say
thank
you. but nothing we
ca n writ e would ever do the job right.
Last. we are pleased that John Joseph has joined our Staff. He brings
a
wealth
of
learning and experience
to
our writing teams.
and
hi s contributions to the work wiil be found on every page.
Thanks
anyway. a
nd
God Bless .
The Staff.
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f
PARTONE-
HISTORICAL
BACKGROUND
With America's governments in crisis, there are many vested interests
in
what civil govern
ments do.
i f n d e e d ~
one can call them 'civil' governments. 'Civil' sounds too much like a govern
ment
of
laws, to apply the
w o r d ~
to what passes for civil government, today.
Among vested interests there are t h o s e ~ who seek to wring every benefit and privilege they
can out
of
bureaucrats and politicians at
all
levels as
if
they were entitled to
t h e m ~
there are the
low and lawless forms ofhumanity,,{I} that ignore the Law, Codes, Ordinances, Rules and Regu
lations that govern these so-called persons, 14th Amendment citizens state citizens, natural per
sons, human beings, 2} and i n d i v i d u l s ~ {3} there are self-professed Christians with no interest in
government because they are waiting for the Lord to return next week sometime; there are
'patriots' in the law reform movement that appear to worship the Constitution and the U.S. Flag
more than God and h r i s t ~ there are those who want the benefits, privileges, and opportunities of
common law and specifically deny that God has anything to do with
a n y t h i n g ~
and, there are the
conspiracy types who cower in corners with others
of
like mind to share the newest conspiracy
revelations.
Those above 'believe' they may be a factor in turning the country around.
However, there is a minority ofChristian men and women who know the Constitution is mere
parchment. They know the real story, if not self-consciously, then in the heart, that before any
rights listed on parchment, there must first be a will among the people to repent and pray and seek
His face, and obey Him from whom the rights come. Then and only then, will any parchment may
have meaning.
They don t r e a d ~ they
study
the laws
of
God and man, and know the difference. They hold
their allegiance to God far more dearly and precious than any allegiance to a mere flag
or
parch
ment. They put their husbands, wives, children, family,
h o m e ~
church, and community far ahead
of
the Constitution, or any mere piece
of
parchment. On their list of priorities, parchments are
somewhere around forty-fourth on a list of forty-six.
This work
is
for those above, who've spent the time
in
court, paid the price behind bars,
survived the beatings, false arrests, and harrassment. They will understand
it >
develop it, and use
it as
a tool to restore, reconstruct, and heal the land. The rest may only use it for any purpose,
except that
of
God and the Crown Rights
of
King Jesus.
While there is no room here for a detailed
study{4}
of the history
of
American law, a thumb
nail
sketch
is
needed,
or
Readers may not understand why non-statutory abatements work.
As they read t h i s ~ many may have demand letters on their desks or the I.R.S. breathing down
their necks and may be impatient to get to the meat.
But:>
if
one does not understand the law
sYstem now used in America, their abatement may fail Thus, we urge you to take the time to
study it now.
Death of a Republic
To those digging
in
the bone piles of history, it becomes clearer everyday that the Republic
that was the united States of America, died at the hands of
A i n c o ~
who seized power - with
out any constitutional authority whatsoever - and set forces
in
motion that drove the South into a
war it did not want, and knew it could not win. In the eruption that followed, on the killing
grounds of Antietam, Vicksburg, Missionary Ridge, and Gettysburg, the life blood of patriots
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flowed out o
nt
o the earth and into the crevices
of
revisionist history Long before the
flag of
tru
ce
\Vas
raised. the
Re pu
bl
ic
ha
d a
lr
e
ad
y died. not with a bang, but ignominiously ,
in
a
w i s p ~ r no
one
heard amidst the ragi ng winds
of
war.
When the Southern states walked out
of
Co
p.gr
ess
in
1860, the quorum
to
conduct business
under the Constitution, was lost, The only votes Congress could
la
wfully take were those to set
the time to re-convene, and vote to adjourn. The only lawful , constitutional power who could
declare war, was
no
longer lawful, or
in
session.
Congress abandoned the House and Senate without setting d te t reconvene . Under the
parliamentary
la
w
of
Congress, when this happened Congress became
sine die
literally,
wi
thout
day, and ceased
to
exist as a deliberative body. It was re-convened by Executive Order and sat
unlawfully under the direct military authority
of A. Li
ncoln, Commander-in-Chief. To this very
day, Congress still exists
by
the military authority
of
the Commander-
in
-Chief, and not as a lawful
Constitutional body .
While Congress was away, Lincoln ruled by Executive
Order
He wrote only a handful
of
E.O.' s during his time in office but, they were momentous. Executive Order No. I, } the first
ever signed
by a President was executed April 21st, 1861, and called up 75,000 militia.
The point is , Lincoln had no authority to issue any Executive Order, and he knew
it.
Thus,
he
commissioned a special code to 'govern' his acts under martial law. In fact, the Code merely
justified
his
seizure
of
power.
T
he Lieber Instructions,
t }
had the effect
of
extending The Laws
of
War and InternationallMunicipal Law beyond the boundaries
of
Washington, D.
C.
, and for the
fir st time,
it
brought foreign law onto American so il. Later, the Lieber Code put the U.S. into the
1874 Brussels Conference (two years after Washington, D.C., was incorporated), and the Hague
Conventions
of
1899 and 1907.
The Lieber Code explicitly states
in
Section
[
Article I , that:
A place, district, or country occupied by
an
enemy stands,
in
consequence
of the occupation, under the Mart
ial
law of the invading or occupying army
whether anv proclamation declaring Martial Law, or anv public warning to
the inhabitants, has been issued or not. Martial Law is the immediate and
direct effect and consequence
of
occupation or conquest. (emphasis added)
Lincoln imposed Martial Law on Americans without ever telling them. Americans could be
arrested (falsely mustered), hauled into military tribunals, tried, convicted, sentenced, put
in
jail,
or put to death, without ever knowing the trials were in fact, military proceedings in court martial
against civilians. By the way,
in
such courts, no defendant has any Constitutional rights. The Code
goes on to say in the same Section, Article 10, that:
Martial Law affects chiefly the police and collection
of
public revenue and
taxes, whether imposed by the expelled government or by the invader,
and refers mainly to the support and efficiency of the army, its safety, and
the safety
of
its operations. (Emphasis added)
[s
it
'coincidence' the
IR.S
. first flexed
it
s muscle about this time?
Of
course,
it
only collected
war reparations from the conquered peoples in the South. Later, F.D. Roosevelt, went Lincoln
o
ne
better when he extended the same unconstitutional acts to all the states .
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The Lieber Code then states
in
Section II , Article 3 I . th t
A victorious army appropriates all public money, seizes all public mov
able propeny until funher direction by its government, and sequesters for
its own benefit or that of its government a
the revenues of real propeny
belonging to the hostile government or nation. The title to such real prop
eny remains in abeyance during military occupation. and until the con
quest is made complete. (emphasis supplied)
Under Martial Law, one cannot gain absolute title to anything, since all propeny belongs to
the military. The Commander-in-Chief may ,
in his
benevolence, x mpt
so
me propeny from
taxation and seizure.
The District of Columbia was incorporated in 1872 and, in modern Titles and Codes, we find
that D.C. , can also be called. the United States Now, why did the federal power need a corpo
ration? The answer
is
, since the republic and the united States
of
America no longer existed
as
a
lawful, constitutional government , some entity had to take its place so the charade could continue.
Manial Law powers cannot create a lawful republic or restore the Constitution, since only the
people have the inherent power to do such a thing.
One option was a corporation, which
is
not lawful, and a fictio
nal persona
Since corpora
tions are contrary to God's Law and common law, it follows, that eventually the new fiction must
eliminate what it could of common law couns and process. This is made easier, i f the people
forget. After the War ended and hostilities were declared at an end, the Lieber Code justified
keeping manial law a secret.
Thus, Lincoln 's successor, Andrew Johnson, giving his reasons for vetoing Reconstruction
Acts, stated:P
The veto of the original bill of the 2d of March was based on two
distinct grounds, the interference of Congress
in
matters strictly
appenaining to the reserved powers of the States, and the estab
lishment of military tribunals for the trial of citizens
in
time of peace.
(Emphasis supplied).
Thus, as late as July 19, 1867, the South was still under Martial Law and only Congress knew
It
. f he people had known it, today 's history might have been different.
We move forward
to
March, 1933 , and F.D.R.'s administration in which he began to solidify
the power
of
the federal government under the cover
of
a national banking emergency.
It seems American bankers were giving paper gold certificates to the people in exchange for
gold coin at $22.00 an ounce and re-selling the gold to European bankers at $34.00 an ounce, a
tidy 50%+ profit on each coin.
The American people discovered what was going on and started demanding gold coin back,
but the banks didn 't have enough reserves to meet demand. They appealed to President Hoover
who declined to take Federal action and bail them out of trouble.
Onto the stage comes Roosevelt. He makes a deal with the bankers to fix the problem, labels
the conduct of the American people hoarding, declares a bank holiday, and raises the price of
gold to $34.00 an ounce. Problem solved, right. Well..., that depends.
3
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The banks re-opened and did business again. but the price Roosevelt extracted from them was
that. thev could stav open to do business - but onlv on
the
President' s
Signature
Thus.
anytime a President wants, he can close all banks and the Federal Reserve. as well. All he needs is:
for
the people to
be li
eve there's a national emergency . Whether real or not, the power to decide
is
solely within the hands
of
the President .
Roosevelt extended 'emergency powers' and, in a flood
of
E.O.
s
over the next few weeks. he
declared that; all Americans were enemies
of
the United States;I'1 converted all acts involving
money to commerce that required a license to conduct business; created the tools
for
the licensure
of all Americans and the registration of
ail
automobiles: and many others, all of which were ratified
by Congress, without debate, n a se ries of lightning sessions, where most of those who voted on
bi
lls,
never even read them.
Solely by E.O.. Roosevelt took total control
of
the nation, and onlv a
President can
termi
nate his own power of Executive Order. Today. Congress passes no act without the authority of
a pre-existing E.O . Perhaps, it doesn 't matter, since Congress doesn ' t write legislation. anyway
No
, it's done for them. by co ntract with West Publishing
Co,
St. Paul, Minnesota; the same com
pany that produces Black 's 6th_ the law dictionary.
The imperial power is now and has been for over 130 years, using The Laws
of
War, Interna
tional, and Municipal Law under the Commander-in-Chief, and these are the real
supreme
law
of
he
land. They govern all process, its form. submissions to courts, and process used by attorneys
in
such courts.
This
is
why peop:e
lo
se trying to argue Constitutional rights. Courts are
militarv tribunals
sitting in court martial proceedings against civilians . Constitution
al
or common law arguments
are not allowed
in such courts.
Judges may l sten to such arguments for many reasons and even decide in one 's favor, but not
because
of
any Co nstitutional or common law argument . One may make an argument or reveal
evidence and not realize why a judge renders a 'not guilty' verdic
t.
Or,
ifhe
has coUected excellent
revenue (war reparations) for the day, he may just release you because he likes you. But, when the
stakes are
hi
gh enough, one must not delude themselves into believing that Constitutional or com
mon law tactics will work - ever.
We must face the fact that what we oppose today, are the same impe
rial
powers in
all
their
arbitrary capriciousness, that have always lurked in the wings, waiting for God s People to lay
down and go to sleep .
A new breed
of
Cresars stalk the Earth, seeking whom they may devour. If we fai l to learn and
apply the proper use
of God ' s Law and the common law: if we fail to learn the science and art
of
being self-governing Christian men and women under God; if we
fail
to teach these things to our
posterity; then we, like
all
men who sleep
in
ignorance, deserve nothing better than ext
in
ction.
Now, comes the rude awakening
l
One may scream to high heaven about the courts, the IRS, the
SA
TF, the FBI, and rail at
countless agencies, bureau
s.
departments, and other branches
of
imperial governments
wi
th charges
of
fraud, theft. murder, and a whole host
of
other crimes, but in the majority
of
cases, imperial
governments merely do what the people require them to do. The imperial governments obey their
law, but
we do not obev the law we
claim. We honor it with
our
lips and not with our action
s.
Thus, the Lord has said: Thou shalt not take the name
of
the Lord thy God in vain; for the
Lord will not hold him guiltless that taketh His name in vain. t91And the agent on Earth to exact
punishment for violations
of
this Commandment is none other than the courts
we
have today.
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We vio
late this Commandment by our own acts - daily. We do those things we ought not.
against
God s
Law, while demanding the benefits, privileges, and opportunities of ungodly gov
ernments.
Thus, the Lord has said:
And
thou shalt take no
gll:t
for the
gill
blindeth the wise, and
th th
d
f h
' h ,,\IO } [ h
perverte e wor
s t
e n teous. t IS we w 0 commit the fraud, theft, and other
crimes - against God
If we enter imperial courts they cannot judge
us
by
OUR law, but
by
THEIR law and they
have no option to judge or rule - otherwise, because they are under the military authority of the
Commander-in-Chie
fl
Thus, the Lord has said: Dare any of you, having a matter against another, go
to
law before
the unjust, and not before the saints
? { }
[s this not a command to set up our own courts under
Godly jural societies???
Why, if we successfully abate a traffic ticket, does a court withdraw its Bench Warrant from
service by officers
in
the field, yet, keeps
it
on the Docket? The question
is
important because
that is,
in
fact , what the courts do .
The answer is; abatements tell the court that one does not want the benefits, privileges, or
opportunities. The court says, Fine, but we will lodge the Warrant on the Docket just in case you
contradict yourself, and show up
in
our courts anywa
y
where the Warrant will be served and you
will be prosecuted
I
The reason why courts recognize the non-statutory abatement
in
the first place is because
they recognize true Law when they see it, which
is
not often On this fact alone, the people could
have stopped the imperial governments, - decades ago.
The Law of War, International Law, Municipal Law, Emergency Powers, all of which we put
in
one category of Imperial Law,
s not law
It is arbitrary and capricious and continually contra
dicts itself, which
is
why the United States Supreme Court uttered its famous dicta in Erie Rail
road v. Thompkins. to wit: there is no stare decisis, i.e., no prior decision
of
any court, binds the
present courts under imperial powers.
Courts may vacillate from one contradictory decision after another for they have no law
standard by which to measure what they do, and they do not hesitate to admit it. Therefore, one
cannot accuse such courts of fraud. Deceit (legal in International Law) maybe, but not fraud.
But, when true Law stares the court
in
the face, they never vacillate, and recognize it
as
the
true Supreme Law, which is God s Law.
In simple terms, i we are who we say weare, and not what they say we are, then what are
we doing in their fictitious courts who have no jurisdiction over the man we say we are
???
The imperial system
will
make certain that
yo
u strictly adhere to one law
or
the other. You
must, therefore, either live your life in
all
you do
by
the law of substance, liberty, and self
government, which is God ' s Law and the common law, or, you will live by the laws of the ficti
tious persona, without substance or liberty, and they will govern your every move and punish all
deviation from their arbitrary and capricious system.
There are those
out
there who believe that the imperial system can be done away with, and
replaced by some other Non-Christian system. But, the entire history of English and American law
shouts with one voice, that such is sheer folly. Men will either be ruled by God or Imperial
Tyrants. Choose this day whom you will serve. God
or
Cesar? This statement has nothing to do
with any evangelistic motive. It ' s just a simple statement of fact .
Thus,
i
one claims to be
in
a common law, Christian venue, yet lives under the arbitrary law,
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, on-Chri stian svstem. one is punished for his lies. contradictions. fraud. and deceit. which is
le al
onlv in their couns. not ours. -
If one claims the benej'it s
of
God
's
Law and
Hi
s providence a
nd
still asks for benefIts from
Rome. then one deserves what one gets . Defendants who s
it
on the fence deserve to be split
asunder God
ma
y take Hi s own time to punish evil doers. but man wants punishment now and he
has created the couns to fulfill that demand .
And. the system they hav.; used is really not as comp l cated as everyone seems to assume. To
understand it. all we need do is recall something
of
old Roman law during the time before and after
Chri st
In those days . when Rome conquered a nation, the conquered peoples suffered novation
which redefines the real man and creates a new and different man. for imperial purposes, a ticti
tious entity called a
persona
n advocate (lawyer) spoke for the
persona
because a fict ion ha s
no
mouth. voice. eyes, ear
s.
or brain.
[n
modem America, a new twist was added to the novation scheme. suretyship,
in
which the
re al man stands as surety f
or
the fictional persona each time he vol
untarily
applies for. or uses
some benefit. privilege,
or
opportunity from the imperial, federal power.
Thu s. God has said. ~ t f e that is surety
fo
r a stranger shall smart for it: and he that hateth
surdyship
is
sure. I'' '
Afier all is said and done. everyone seems to want to know how its a ll going to tum out. But,
God has said: Therefore take no thought for the morrow. for the morrow shall take thought for
the things of itse
lf.
Sufficient unto the day
is
the evil thereof. ,1131
-
We know that victory
is
assured to God 's People, and based on the analogy
of
Scripture, we
know that when Israel was returned to the land after Babylon, that Ezra
's
first task was to re
lorm the lawful civil power. This is our mandate under God 's Law, to re-form the lawful civil
power and since the exist
in
g forms
of
Martial Law government cannot do this, the people mu st.
Thus, as a companion volume to this book, we urge you to study The American Jural Soci
ety Handbook l I Co nsider how you will join us, in righting the law once given unto the saints.
Our duty and responsibility to God, our wives, husbands, children, and our posterity demand it.
Thu s, the Lord has said: If my people, which are called
by
my name, shall humble them
se lves. and pray, and seek my face, and tum from their wicked ways; then willI hear from heaven
and will lorgive their sin, and will heal their land 1151
Note
carefully , the Lord does not c ll
upon imperial governments to repent, but on the people who are called by His name that are
currently the slaves
of
the imperial governments .
t is
~ who are wrong, not imperial powers
And i f we
will
love the Lord Our God with ll Our hearts, and with ll Our Souls and with ll
Our Minds.
we
will
find the crown
of
victory at the end
of
the race .
And
they that shall be
of
thee,
shall build the old waste places:
thou
shalt raise
up
the foundations of
many generations:
and thou shalt be called,
The repairer of the breach,
The
restorer of the
paths
to dwell in . ,1
16
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rNTRODUCTION TO NON-ST ATUTORY ABATEMENTS
The no
n-
statutory abatement package
is
now Version 2.0 and
in
a book form and ha s a great
manv additions rangi ng ITom small and relative
ly
insignificant ones, to major ones that embody
some very important new research, largely motivated by feed back ITom those who
ha
ve called
and offered it. And. we have added another researcher to our staff, John Joseph, who has made
very important contributions to the work.
All
publications
of
The American Jural Society Press have but one goal. To compel the impe
rial
federal. state. county, and city governments, their agents (tax collectors and banks), an d
as
signs - to keep the law. [
ft
hey do this, they will leave us alone and let us get on with our lives.
Contrary to the media and the press , we are not here to overthrow an y civil power, for very
simple reasons.
While we seek
to
be self-governing men under God, we also realize that governments exi st
to keep the low an d
la
wless forms
of
humanity
ITom
doing violence to everyone, including
themselves. Thus as lawless as the current governments are, without them there would be total
anarchy.
The real problem, of course, has nothing to do with law, but religion, as Washington said
in
his
Farewell Address to the nation. One's god dictates the kind
of
law one implements and also
controls the application and development of that law over time. Given enough time, all Non
Christian systems of law self-destruct in a fit of tyranny.
Thus, we seek to restore the vitality and enforcement of God s Law for ll men in
all
ages .
This means, of course, a fu ll restoration of common law which is simply the collected traditions
of Christians learning to apply God s Law to their everyday problems.
There are some ,
of
course, who will disagree with this obvious Christian agenda, but that
is
their problem, not ours. After many years
of
study in the origins of common law, we have no
doubt of its Christian roots.
For
us, the common law is simply God s Law extended and applied
by Christians throughout the history
of
England and America, and it will be Christian men and
women, who will extend and apply it today, to provide the Godly system that
will
once again, put
the church on the march.
The Non-Statutory Abatement Handbook and The American Jural Society Handbook are, for
us, the first two steps in the process of restoring true law and reconstructing the Christian system.
[n a few weeks, further publications will be offered to attempt a few more steps on a very long
road back,
ITo
m the Dark Age
of
Humanism which has claimed more victims than Europe' s Black
Death.
The American Jural Society Handbook,
ITom
modest beginnings, has sparked a new interest
in local self-government across the nation. And, because it provides a mechanism for restoring
lawful civil government at the local
le
vel, it has also
gi
ven the people hope.
The
Non-Statutory Abatement Handbook, is the first
in
a series of tools
in
the arsenal of
lawful weapons that can be used to retard the advance
of
Imperial powers by pietahls simulators
until jural societies can be established lawfully, and create their own Courts of Common Law.
Uf position on restoring the people 's liberties and reconstructing the land is : law is better
than blood - one law for alL
What Non Statutory Abatements
Do
Non-statutory abatements respond to the vast majority
of
imperial powers paperwork -
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head on W11en used and served properly they have been ve ry successful at slOpping imperial
S
UIl
S -
before they get started.
Abatements have the force and effect of an indictment and/or a civil case
or
suit.
.-\
batements, when the defendant does not answer, and with Default properly written and
served. become Res Judie
.:
a. i.e . final judgment has been made.
Abatement s. when properly served with d
ef
ault, constitute a public reco
rd of
wrong doing.
a
nd
as such can be used as the basis for action by the abating plaintiff (the one who files the
abatement ) in further actions against imperials powers fiduci aries (agents, bureaucrats. judges.
etc.. ) - in their
persona
l.
not
public.
capacity.
Abatements turn those who
fil
e imperial process against us.
fr
om plaintiffs. to defendant s
Abatements are low
in
cost to create and serve. and by ending an opponents case quicklv.
lower dramat
ic
a
lly.
the cost
of
maintaining and defend
in
g aga
in
st impe
rial
powers suit
s.
.-\batements discussed. here
in.
have been filed a
ll
ov
er
America, and have been used success
fu
ll
y against
- Federal District Court
s,
- [nternal Revenue Service.
- Bureau
of
Land Management,
- Depallment
of
the Intetior,
- State Tax-ing Entities.
- County Agencies, Bureaus. Departments,
- And, countless others.
- Banks and Loan Companies
The sample abatements listed after the text are based on more than one year s experience and
thousands of act ions served.
in
virtually every state in the union , in all types of courts, juri s
di
c
tions. and venues.
M
or
e importantly, research on the further development of the abatements has not o
nl
y con
ti nued, but intensified, with a marked increase in the number of genuinely committed men and
women working on perfecting them.
E ve
ry
word , clause, phrase, and sentence
in
the samp
le
abatements has been gone over with
a ne-t
oo
thed comb, and i there was any doubt about using a specific word, etc ,
it
was re
searched and rep laced.
The capitalization of nouns, appellations, and names. has been checked and re-checked.
The Maxims
of Law
used
in
the sample abatement have been carefu lly selected from Bou
vier
s
Dictionary
of
Law (1856), and
Broom
s Maxims (1845).
The point of exp laining the care that has been taken
in
compiling the samp
le ab
atements is:
to caution Readers. that any changes made
in
abatements herein, adding words and sentences to
existing text, etc
.
is
dangerous, and may likely result
in
a document that
is
worthless.
The American Jural Society Press, its authors and s
taff
, accepts no responsibility for anyone,
who makes any changes in the sample abatements. They are as complete as they can be, keeping
in
mind the importance
of
brevity/ and conciseness, that
is
so important in all lawful instruments.
Replacing the text of the appellation
of
demandant. name
of
the defendant, demandant s loca
tio n fo r a defendant to respond to (if he can), and defendant s address, should be all the changes
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necessary.
n
most cases.
We know, that
in
spite ofwarrtings, thousands will make
all
sorts
of
, frivolous, unnecessarv
a
nd
harmful changes
in th
e samples,
the
vast
majority of
which w
ill
compromise the abatemen
effectiveness We strongly caution the Reader against doing so.
Faith Helps.
The old adage that faint heart
ne
er won fair maid, can be re-worded as lack offai th
ca
cut
yo
ur own throat
in
law
Recently a man back east, filed a non-statutory abatement to stop a foreclosure , one of th
first such abatements we had ever done. The abatement was successful and stopped the bank
fo
reclosure
fo
r six months.
Then, the bank began sending nasty letters to him
,
making threats, etc . Instead of sticking
the abatement, he got involved
in
the Warrant game, and sure enough, shamed his abatement.
In the end, the banks got what they wanted and the foreclosure was re-opened by the Wa
rants. w
hi
ch o
nl
y made matters worse. The man's pos ition now, is worse than before, because
wanted a quick and dirty way to end it all. It
s
sad that he never stopped to ask whether or not th
Warrants were the Christian thing to do .
Faith
in
God ' s Law and comm on law, kept the
wolf
from the door in this man' s case. Wa
rants did not just re-open the door to foreclosure,
it smashed the door
utterly.
What is so shocking is, men and women
of
otherwise good will, are getting involved
in
a ve
dangerous game that is utte
rl
y contrary to God ' s Law and the common law, and they still
c
themselves Christians and patriots.
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The
General Rules
Non-statutory abatements take their name from the fact that the process exists and can
be
used
- not because
of
any statute passed by some legislature - but
by
virtue of its customary
usage arising out of common law. The authority for its use, therefore, does not require any
legislature's stamp
of
approval.
f our courts were under law, non-statutory abatements would have the effect of
overthrowing an action caused
Iby
the defendant's pleading some matter
of
fact tending to
impeach the correctness
of
the wIjt or declaration., which defeats the action for the present, but
does not debar the plaintiff from recommencing it
in
a better
way.,,{17}
The only fact therefore,
argued
in
an abatement are the facts of defects in plaintiff's initial process, that is, the very first
pie e ofpaperwork sent to a defendant.
Thus,
in
lawful society (not ~ n e r The Laws of War), non-statutory abatements suspend a
suit until a plaintiff can correct errors
in his
original process. f errors are corrected
in
a response
to the abatement, plaintiff's suit continues. This
is
why a non-statutory abatement is called a
dilatory plea because it acts to delay proceedings
of
a plaintiff's suit, but does not prevent the
plaintiff from correcting his errors and re-filing his suit.
, Marks
in
abatements are statements to note., or mark errors in a plaintiff's process so that
a plaintiff can bring a correct, or better action against defendant. But, when proper non-statutory
abatenlents are issued against imperial powers, they have the effect
of
process
in
equity
or
chancery practice and suspend all proceedings in a suit, from the want of proper parties capable
of proceeding therein. { 18}
The 'want
of
proper parties' comes about, because the abatement
is
filed by one who asserts
his rights appertaining to a h r i s t i ~ against those who are in another jurisdiction, and thus have
no standing to respond to the abatement.
Parties under emergency powers, The Law
of
War, International and Municipal Law, have
no standing at Law and thus cannot answer non-statutory abatements. They recognize the
existence and power ofcommon lavy, but can do nothing about
it.
The reason being; it is the duty
of the military power to preserve the common law and any answer to a common law action, by
martial powers courts tends to destroy common law.
The Rule is; those under The Law of War, International and Municipal law cannot answer
processes at Law.
Plea Out of Bar.
A plea
in
abatement
is NOT
a plea IN bar, but OUT
of
bar. That is, a court cannot hear and
judge matters that have not yet come under a court 's authority. For cases to come under court
authority, all preliminary matters (errors
in
the original process) must have been resolved,
or
the
plaintiff has failed to properly bring his case to the court.
Indeed, there is no case and hence, no court can hear anything. The case exists
in
the first
place, because someone (plaintiff) serves a written action on someone else. Thus, courts are
created by the paperwork.
Thus, plaintiff cannot put a case IN bar, unless his process complies with court rules, the first
of which
is,
plaintiff's process must have no errors in it. Errors constitute defective process and
are sufficient cause for a respondent to issue an abatement.
Since abatements are pleas out 0 £ bar, courts cannot hear argument on a case, unless some
act of the respondant, brings him IN bar and makes him a defendant, i.e., by making some fonn
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of appearance; by entering a motion; asking the court questions; etc
.
This is why one never
argues
the merit or
lack
of
merit
in
plaintiffs
complaint.
nor
challenges jurisdiction.-;-;;-;;-;;
abatement.
Such arguments compromise the abatement and render
it
s force and effect -
null
and
void.
Why?
Because, such argument joins respondent to plaint i
ffs
action and converts respondent to a
defendant
persona) [n
effect, respondent admits there is a cause
of
action, indicts
s l t ~ and
converts his abateme
nt
to a demurrer and concedes jurisdiction.
Given the current state
of
courts, (military tribunals) , a defendant who thinks
he
knows the
law is then angered by what appears to be gross violations of law and often attacks the
coun
, the
judge, makes threats. liens a judge or dis trict attorney, or commits some o ther act that does noth
ing more than compound
his
previous errors. The temptation to respond
in
a rage and give the
co
un
what-for
is
strong.
[n
this case, we make one recommendation -
don t
do it, - you
ll
be n
viI/eli/liS.
Stick
to
the abatement process outlined herein, and control yo ur emotions. The voice
of
God
and the spirit of cool deliberation wi ll win for you. Anything else
wi
ll have severe repercussions
The Rule is, non-statutory abatements are pleas out
of
bar and grant
no
jurisdiction to a
co
un
.
When
to Use Abatement Processes.
There are certain situations where an abatement is not used, and some Rule is needed that will
show the Reader when an abatement
wi ll
lie, and when not. Use
of
an abatement
in
nations under
imperial law, is different from when a nation is at peace, internally or externally, with respect to
the United States. And, while abatements are a major form
of
process, they have limits on their
use.
Thus.
if
one uses a benefit, privilege,
or
opportunity,
not
allowed
in
common law. i.e., one
that requires a license. and a case is broUght
by
imperial powers for vio lations of such benefits,
privileges,
or
opportunities the abatement
is
generall
y,
not applicab
le
.
But, if one is engaged
in
doing that which is allowed
in
common law, i.e., exercising a right
common to
all
, but which has been converted to a benefit, privilege,
or
opportunity, by statute,
then the abatement will
li
e.
The arrest of lib
erty
of
movement on common ways consistent with the customs and usage
s
in
a state, is an example
of
trespass, against liberties held
in
common by the people. Such,
is
a
criminal act against the people
in
general, and against the private Christian,
in
particular. Abate
ments are very effective
in
such cases.
Much
is
made
of
the
so-called
right
to
travel,
but
such
is really a privilege in com
merce and
has
nothing to
do with common
law, i.e., lex
non scripta
Thus,
wording
in the
previous
paragraph is
deliberately
chosen as
the
basis
of
a
mark
in
an abatement. (Hint
-
Hint) We
do
not use the idea of travel or driving in any common law abatement process.
But, i one is engaged in doing that which is allowed
in
common law, i.e , exercising a right
common to all, but which has been converted to a benefit, privilege,
or
opportunity, by statute,
then the abatement will lie.
The arrest
of
liberty
of
mo vement on common ways consistent with the customs and usage s
in
a state,
is
an example
of
trespass, against liberties held
in
common
by
the people. Such,
is
a
criminal act against the people
in general, and against the private Christian,
in
particular. Abate
ments are very effective
in
such cases.
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Much is made of
the
s o - c ~ J l e d right to travel,' but such is really a privilege in
commerce and bas nothing to do with common Jaw, i.e.,
lex non scripta.
Thus, wording in
the previous paragraph
is
deliberately chosen as
~ h e
basis
of
a
mark
in an abatement.
(Hint - Hint) We do not use the idea
of travel or
'driving' in any common law abatement
process.
The phrase above, trespass ~ i n s t liberties held
in
common by the people, replaces any
reference to travel or driving
in
an abatement. Such wording defines a crime and a misdemeanor,
in most states. (See the remarks on spelling the word 'state'
in
discussion
of
The Rules of English
Grammer, below.)
In
contrast to the above, consider a situation where one works,
is
mustered into, or employed
by
imperial powers, i.e., effectively connected in a trade or business with the United States.
First. the law says
it is
a privilege to work for civil governments. {19}
Second,
all
privileges granted
by
civil government are taxable. (cite from jj
{20}
Thus,
it
is likely that non-statutory abatements
will
not lie against process issued
by
imperial
governments to seize wages and salaries paid by them, unless the entity who files the process to
s e i z e ~
is
utterly incompetent. Then abatement may work, but its use may be in vain.
Differences between the persona created by imperial governments, and a private Christian
man, a 'e important and determine when the abatement will lie and when not. State granted,
imperial privileges, via the license (a token
of
the persona) differ from prerogatives held by a
king i.e., a private Christian man. All private Christian men have the prerogatives Uussus and
immunitas) of the King.
{21}
A maxim
of
law
i s ~
Domus sua cuique est tutissimum Refugium, or ''Every man's house is his
castle. ,{22} Registered churches in a 501(c)3 and Living Trusts, are both statutory and thus,
cannot resist s e i z u r e s ~ and abatements will not lie. Other examples are: private employment
contracts
v.
independent
contractor{23};
employees
of
Departments
of
Motor Vehicles; and, others
~ p r i v i l e g e d to be a fiduciary (agent, trustee, actor, representative)
of
an Imperial power, are
subject and the abatement will not lie
Scripture has something
to
say on these points. ''Render therefore, unto Cresar the things
which are Cresar's; and unto God t h ~ things that are God' s. ,{24} These verses apply, especially to
the resurrected, Roman Imperial Law, that now rules current governments.
It also relates to the money question, n that, Federal Reserve Notes are fictitious debt
instruments created by imperial governments with no value or substance, while dollars specie
(silver), have value and substance, and are lawful, civil, and Godly. f Cresar permits issuance
of
F.R.N. 's, he
has
jurisdiction (imperium) over their use.
But,
i f
private Christian men
de81
only
n
dollars specie, Cresar is dead - long live Christ Our
King. Currently, Imperial powers do not want to open the money issue in any court.
The Rule is, Imperial privileges created can also be abolished, destroyed, or taxed, by their
Imperial creator.
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On
ppeara
nce
There
is
much discussion in the movement on the tvpe of appearance one can make in court
wi thout granting jurisdiction The consensus
is.
by special appearance only. But. do such appear.
ances accomp
li
sh the des ired result·)
An appearance is any act or proceeding by which a defendant places him self before the court.
in order to part icipate in an action. Personal jurisdicti on or power to render a judgment in per
sonam may be acquired either by persona l service
of
summons or by appearance If a defendant
or his attorney does
any
act with reference to the defense of the action, he is held to submit
himself to the authority of the court and all defects in service of process are thereby
cured
'
''' i(emphasi s added) .
The modem law does not seek to compel appearance. but if the defendant is
properlY
served and neglects to appear and plead. the court will render judgment against him for default
of
appearance . I.nasmuch as the default constitutes an admission
of
the cause
of
action set forth
in
the declaration. a
ll
that the plaintiff has to prove
is
hi
s damages I 1 Special appearances are only
fo r the purpose of delertnining whether a court has jurisdiction or not . But. where a court or. its
principal. has a monev interest in a case. the court always decides in its
ow
n favor
Motions to courts grant jurisdict ion
to
hear the motion, with the same result
as
a special
appean
nce .
If one appears and answers ' here ' when his name is called. he grants jurisdiction to a court
over a persona. not o v ~ a private Christian man. Saying ' here
.'
means. the Christian man is
present and ready to defend a perso
na.
The Christian man has waived all the rights of
hi
s persona
and the Christian ' s right
to
abate the process.
The problem is. the Christian pays the fine and does the time, not a persona. because the
Christian. as surety. applied for the benefit, privilege, or opportunity that created a persona.
The Christian has the 'benefit of discussion '
in
the court concerning a persona but no prerog
ative to use his own law, (Scripture and conunon law), because he waived his rights when he
answered lor a persona without first. correcting plaint
iff
s process by abatement. The Christian
appeared and perfected the errors in plaintiff's process. which
is
always defective against the man .
but not against the persona. From that point on only the law of the persona can be used .
The
'be
nefit of discussion,'
is: A
proceeding, at the instance of a surety,
by
which the credi
tor
is
obliged to exhaust the property of the principal debtor, towards the satisfaction of the debt
before having recourse to the surety; and this right
of
the surety
is
termed the ' benefit
of
discus
sion.
,1271
Note: one has the ' benefit' of discussion, not the ' right' of discussion which can never
exist under the Laws ofWar .
An important,
out
of
work
gives an excellent discussion
of
the related
co
ncept
of
p
ledge. ,1 1I}
Never, never, confuse the difference between the Christ ian and a persona . They are never the
same and neither can use the law of the other, because both are bound by the law of their respec
tive creators . Christians have a relationship to
God
thru Covenant created by Christ's sacrifice and
resurrection. When a man 1becomes a Christian., his Christian appellation is written in the Lamb 's
Book
of Life which is a private Christian name known only to God . The Covenant requlfes the
Christian to abide by Go d 's Law, not the man-made law of the imperial persona .
The law of persona clouds a Christian's relationship to God and interferes
wi
th his duty to
obey God. Imperial powers create a persona to give an appearance of legal process to justifY
trespass on the Christian 's liberties, through the imposition of a persona create by novanoll
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Because the Christian and a persolla are under different laws there is an immediate conflict
of
laws. that are mutually exclusive ultimates, i.e. each, mutually excludes the other. This is the
ul timate conflict
of
laws.
To illustrate by analogy. God looks at the Christian through Christ and sees one whose sins
are 'white as snow ' An imperial powers judge looks through the Codes at the persona and sees
one who is as black as the pit, because he is blinded to the existence of the Christian man who
even ifhe could see
him
, could not hear his testimony.
The law
of persona is
never
la
w, because directly contrary to God ' s Law and common law.
It is based on the Law of War, and is spawned by the god
of
war (Mars), while the Law
of
God
is based on Himself and is the Law
of
Peace and Safety. Thus. the maxim: The Law
of
God and
the Law
of
the Land are
all
one; and both preserve and favor the common good
of
the land {29}
By
way
of
contrast, the maxims of the Law
of
War are clearly opposed to all true law.
Silent leges inter armas; the laws are silent amidst arms .
3
}Thus, under the laws
of
war _
real law, common law, and Constitutional law are si lent. They have no voice, no force, or effect,
unless the imperial powers feel the need to use them at their option.
In 1628. a Petition of Right by Sir Edward Coke
l3l
}
was issued against Charles I that stopped
martial law
in
England. The relevant passage in the Petition is :
And also sundry grievous offenders by colour thereof, claiming an exemption,
have escaped the punishments due to them by the laws
and statutes
of this your
realm, by reason
that
divers
of
your officers and ministers
of
justice have unjustly
refused, or
forborne
to proceed ~ i n s t such offenders according to the same laws
and
statutes,
upon pretence that the
said offenders were punishable by martial law,
and
by authority of such commissions as aforesaid, which commissions, and
all
other of like nature, are wholly and directly contrary to the said laws and statutes
of this your realm:
There are many in the law reform movement who object, if not openly, then in the heart, each
ti me
we raise so-called religious arguments in Jural Societies, in abatements, or other processes.
Such men must reckon with the clear and unequivocal facts
of
God' s Law and common law and,
if they deny God, must learn
to
live with a dead persona, and rest content with the Imperial
Heaven they have now. Only by asserting the Crown Rights
of
King Jesus, can we or any other
people, have any defense against imperial powers.
The bottom line is, one cannot claim a king's prerogatives or sovereignty, without being an
heir or son
of
the true King
of
Kings, Christ Jesus. The Spirit Itself beareth witness with our
spirit, that we are
the
children
of
God
: And
if
children, then heirs; heirs
of
God and joint-heirs with
Chri t
·
132
1
S ..
Perhaps now, we see why imperial powers create the fictitious
r
sona,
with fictitious alter
egos, i.e., persons, individuals, human beings, natural persons, etc.,1 33
1
because they have no
power over Christians whose law is God's Law and common law. Their power extends only to
what they create, the
persona,
not to a Christian.
God's Law and man
's
law are opposed at every point in Creation. God
is
no respecter
of
persons I3oI
l
but
man is , and his law reflects it, as seen above. Man knows he has no right to domin
ion over other men, but he nevertheless seeks
to
gain it, by creating the fictional
persona,
known
only by the
nom de glierreP 1
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The
Christian
man
cannot control
what imperial
military powers
of
the State do
with his
name. But, he can control the way he responds to a persona s nom de gue e. The spelling makes
all
the difference between the real, substantiv e Christian
m a n ~
and the fictitious vacuum that is a
persona,
which,
so long
as
it exists,
is
the
means
whereby the Christian's
life,
liberty and property
are raped, plundered, and pillaged,
by
lawless, greedy, little men.
We
now know why
names on
Court Dockets (from which one's
name is
read) and names on
imperial process are spelled
in all
capital letters,
and why
such
names
are called a nom de guerre
(name of war), which are specific evidence of the existence of a fictitious persona. Arguing
jurisdiction
is
ajail accompli and utterly irrelevant when one has already answered as surety for
a persona
One may think this is'£Taud,' but, all names are spelled this way on all imperial process and
on the Docket sheet posted outside the door of courts - where all the world can see it. If one fails
to note that his name is not spelled according to the Rules ofEnglish, that the true Christian name
is not on the process., they have no one to
blame
but themselves. A
name
spelled in any way other
than
in
the proper Christian form
is
an error.
The
persona
has
no
power to answer defective imperial process. It
has no hands
to write a
response and no voice, because, as the creation of an imperial power it is
an
absolute fiction,
created ex nihilo, out of nothing. And, there is nothing that can qualify as a contract to tell
you
when and how the persona
is
created,
it
is
always assumed.
The
maxim of
law
is:
''Fictions arise
from
the
law, and
not law
from fictions.,,{36}
But, i he
Christian fails to 'appear' or answer the process, the courts
will
issue default judgment against the
persona,
anyway.
Thus,
i
a Christian wants to stay out
of ail
and keep his liberty and property,
he had better respond to the process and inform the court
of
the errors that are always there.
With abatements, one responds without 'appearing' and process
is not perfected on a
per-
sona,
until the court issues a Warrant. The Christian man, however,
is
severed from the
person
by the abatement,
which is the only response that answers imperial process and stops default
judgment against the Christian man,
provided he has not traversed his case
by
writing some
thing stupid in the a b a t e ~ e n t
(like UCC codes).
This
is the
reason why, technically, Non
Christians cannot use non-statutory abatements.
This may be difficult for some to swallow, but in more than two hundred years of Supreme
Court decisions from the Runkle case (1799) to the present, which state, the laws
of
the nation
presuppose Christianity - upon which they depend. Non-statutory abatements are therefore, a
specifically Christian remedy. .
When
a Non-Christian asks whether they
may
use Christian premises in an abatement,
we
must reply, No
man
warring for God should be troubled by secular business.
,{37}
To continue, once an abatement is served, one
must not
ppe r until plaintiff answers the
abatement - lawfully. Such an appearance \Vill
set aside the abatement
nd gr nt
jurisdiction
to the court over the
persona.
It's nerve-racking when one serves an abatement against imperial powers
and
one's court
date passes without his making an appearance. But, trust
in
God., the abatement
will
not be an-
swered properly and
will
go to default. Then, one
SelVes
default against plaintiff
and
the matter
becomes Res Judicata, i.e.,
final judgment h s been made. Imperial process goes to default for the
same reasons that the imperial court
will
grant default judgment i one fails to appear and answer
an imperial plaintiff's
p r o c e ~ s
(See, ''Response Tactics, beloW).
The truth is,
no
real man, Christian or otherwise, belongs
in
imperial powers courts. These
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courts
may
distinguish, but we must not.
As the Scripture says: One law shall be to
him
that home born, and unto the stranger. that
sojoumeth among you.
,
1 1 -
The Rule
is
: The presence of the body cures the error in the name.
The Rules
of
English
A major problem created by imperial schools, posing
as
' public schools
,
that directly impacts
on one's understanding
oflaw
is, the failure to teach The Rules ofEnglish Grammar. For example,
what words are capitalized and when. This difference alone has major significance
in
law. But,
imperial schools are o
nl
y half the problem.
The American people abuse the English language
as
if
it
were a right. n law, this
is
deadly,
because it can put a defendant or plaintiff in jail without ever knowing why. We strongly recom
mend to Readers that they buy and study a handbook on The Rules of
English Grammar, and
make it part of their life 's work to put these Rules into effect - daily. We recommend the older
wo rks on Grammar,
fo
r obvious reasons.
Nouns name persons, places,
or
things. General nouns denoting a class of persons, places,
or
things, are never capitalized . If we mean a specific person, place,
or
thing, onlv the first
letter
is capitalized. Thus, the noun ' state ,(
J9
1 and 'State,
"'1
are different words denoting two entirely
different things. The former (state)
is
general and used at law, while the latter (State)
is
specific
and denotes a created entity, i.e., a fictional
res
i.e
.,
a thing.
In today' s courts, per:;ons, places. things, and entire court processes, are often written in all
capital letters , a clear violation of The Rules of English, which must violate the common law
as
we ll.
But, this
is
done to
full
y infohn defendants and plaintiffs of the type of court that
will
hear a
case. It says, clearly, that a court
is
sitting to hear matters
in
controversy -
b e t w e e n p e r s o n ~
a
res and e r s o n ~ and thereby full disclosure is given to all .
Today' s courts cannot deal with real people, places, and things, i.e., substance, because,
being bound by imperial law, such courts can only deal with fictional
p e r s o n ~
Thus,
all
parties
agree to be named, and do appear by, fictitious names, spelled in all capital letters, i.e., a nom e
u rre (war name)
An
example
of
a war name is, JOHN DAVID SMITH. n common law, the Christian name is
spelled John David Smith. Because
all
corporations are also fictions
of
law, their names are
spelled in all capitals as well. Thus, if I.B.M. is a party to an action, its name is written; INTER
NATIONAL BUSINESS MACHINES, INC. on the court ' s Docket and n
all
process.
Initials or abbreviations
ofa
name, are no name at all, and their use creates another fictition.
Government documents commonly make no provision in their forms for one to write out his
middle name. This is a deliberate form
of
entrapment. This
is
the practice on
all
I.R.S. forms that
only allow space for a middle initial.
One styles any plaintiff in process from an emergency powers court in all capitals, or initials,
such
as
THE INTERNAL REVENUE SERVICE,
or
the UNITED STATES OF AMERICA.
Spell out
all
numerals
or
numbers
in
abatements, i.e. , The Year
of
Our Lord and Saviour
Jesus Christ, Nineteen hundred and Ninety-six. Numbers are fictions in numerical form and have
no substance. n common law it is best to spell all numbers in their word equivalents.
Next,
is
the use of parenthesis, brackets, curly braces, and boxes. All information contained
therein is classed
as
; extraneous, explanatory, and interpolated matter, with no force and effect
in law .,, 4
1
Thus, if you must use a ZIP Code, put brackets around
it
to deflect its force and effect
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in
law.
The point of this di scussion is, any name not correctly and fully spelled out is a misnomer .
litera
y
mis-named . and
is
a solid plea
in
abatement.
In
most non-statutory abatements there is
so me reference to the misnomer.
When rai sing
mi
snomer. however. state only the facts that lead a court to conclude a
mis-
nomer
ha
s been used . Let the court come to its own conclusion.
Do not s
pe
c
ifi
ca
ll
y allege '
mi
snomer '
in
the abatement.
Thus. one can say ; My appellation
is
(insert your correctly spelled full name in upper and
lower case) My name
is
not (
in
sert the incorrectly spelled name on the process) . This
is
sufficient
to establish that a misnomer has been used and is
all
one needs to say .(See sample abatements at
the end)
If your name
is
a single letter and not a
full
name. make sure you DO NOT PUT A PERIOD
after the single letter name, because it says that one
of
y
our
names
is
abbreviated and
is
thus a
fictitious
persona
To save yourself the pains of being mis-interpreted, one might want to adopt a
fully spelled name to replace a single letter name, hopefully one with more letters than one can
type on its paperwork.
You may
us
e periods after each line
of
your postal location (avoid using the commercial word
address) . Then, each line of one ' s postal location
is
a self-contained entity. Do not use commas to
string together names and addresses.
English
is
important to understand because
it
speaks directly to ' mis-joinder' and ' non
joinder ' issues. One cannot be mis-joined and is thus not joined
in
the action. No joinder. no case.
The above
is
only a summary of the relationship of English usage and the law.
The Rule is; Know the English language and use it like a weapon
in
law.
What s
n
a Word?
If one makes a careful study
of
the way in which imperial powers word their paperwork,
letters, and process, one wi ll find a very deceitful use
of
certain words and phrases,
all of
which
are designed to compel one to make a 'voluntary appearance. ' And, since
all
appearances are
voluntary, the words must carry the maximum impact, yet not cross over the line so as to violate
the Rules
of
Imperial Process. Thus, one may see phrases such as You must appear at . blah,
blah, blah, at such a date and time, blah, blah, blah.
Has this sentence violated the Imperial Rules
of
Process?
Answer: No.
The reason: In
Law
, ' must' means ' may.' What's really being said
is
, We invite you to
appear . because your appearance must be voluntary. Such phrases are designed to strike lear
into the heart
of
a defendant and provoke a knee-jerk reaction that means the defendant loses
l
Other words and phrases using the same kind
of
deceit are: Notice , ''Notice to Ap
pear
, ''N
otice
of
LienlLevy,
''N
otice to Remove, ''Notice
of
Warrant, ' 'Notice
of
Trespass,
Order to Show Cause
,
Order and Demand, and
IT
IS SO ORDERED. From what we have
all
learned from above, we now know that the phrase
IT IS SO
ORDERED, because written
in
all
caps, is unintelligible
in
English, and
is
thus abatable.
When
in
doubt, get an old dictionary oflaw .
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Letters from the Government. I
t is
common for
all
branches
of
government to send letters to people they are setting
up
for
persecution. The purpose
of
letters
is
not to infonn
~ : U ,
but to inform them
as
to how much you
know
Law
People nonnally respond to letters with more letters. But, letters, as such. have no force and
effect in
law
Thus, when you respond to a letter with another letter, this tells whoever sent you
the letter that you know nothing I about law and that you can probably be pressured to roll over
and
pay without any further trouble on the government's part. The letter is, therefore, merely a
device used by governments to collect revenues, without the bother
of
issuing process and going
to court.
The problem is, this tactic joins one to an action without them knowing
it
The I.R.S. uses this tactic, very effectively. Threatening letters making outrageous demands
for taxes you probably
don t
owe, are typical. Your knee-jerk reaction is, respond with a letter
asking
all
kinds
of
questions that the LR
S
could not care less about. The point
of
the outrageous
letter and demands is, to provoke a response from you, get you to appear,
or
make a call to the
I.R.S., in which they will apply pore heat to force one to roll over. The I.R.S. doesn't care
whether you've properly paid "ydur fair share," they want more. The object is, compel you to
submit to an
increase in your voluntary assessments, rather than fight them. The letters are thus,
a c t i ~ using fear and i n t i m i d t i o ~ and they exploit your ignorance
of
Law.
Remember, also, most I.R.S. agents are sub-contractors and work on commissions from
h
· I
property
t
ey
seIZe
Often, the news media blasts you with stories of how the very wealthy are put in jail by the
I.R.S.
or
have to pay huge fines anti penalties for not filing or filing in error.
But, it doesn t matter who ~ n s you a letter: do not respond
with
another letter
Respond with lawful process, i.e.,
n
abatement. Their letter may have no force and effect in law,
but the abatement
will
Usually, they just go away and you
will
hear no more.
The Rule is, respond to all letters from any government agency with lawful process.
I
Response Tactics of Imperial Powen.
Since, under InternationallMunicipal Law, "deceit" is legal, {42}
one
must expect that all
federal, state, county, city, and local imperial government officers and agents will use it to get
what they want, which is,
to
compel the private Christian man to answer for the person and
"voluntarily comply." .
Tactics used by imperial powers to get 'voluntary compliance,' would be a joke
if
the end
result was not so vicious. They will lie, cheat, destroy evidence, and create evidence where
it
never existed. Thus, there is
a
wide
r i e t y
of
tactics
of
response, used by all government officers
and agents to try
to
get someone who has served a non-statutory abatement, to respond in such a
way as to nullify or circumvent the effect of the abatement. The idea is, they cannot set aside the
abatement. They must deceive you, the abator, to do something that
will
by your response, have
the same effect. Then, they will re-issue a demand, bench warrant, or whatever, and proceed
as
i
the abatement never existed, in the first place.
In the examples
of
Response Tactics that follow, we assume that some branch
of
government
sends you something.
t
could be a letter from the I.R.S., a Notice to Appear on a traffic ticket, a
demand from the local Fire Department
to
cut your grass, a building code violation, or almost
anything else.
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.-\nd. we assume you have properlv responded to such fOnTIS of communication
bv
serv
ing
an
abatement and when the government agent did not respond.
Y U
served. after the l p s ~ of ten day s
Inot counting Sundays and holidays) a Default aga
in
st them. .
t
Example One '
.. Sheriff Deputy shows up at your house with a warrant in his hand . Of course. the warrant
will not be a genuine warrant with affidavit attached , court seaL or a judge' s signature in
real
ink
The Deputy will call you to the doo r and after a few remarks, will say so mething like th e
fol
lowing. J-Ji . I'm here to talk to John Smith. Jo
hn
Smith comes to the door and the Deputv
says. In regard to the abatement you served, the judge
wi
ll agree to drop the Warrant, ifvou drop
th e ab atement, and you won ' t hear from us, again.
There is onl y one possible response to this - NOI
One may frame their words more diplomatically, but the general idea is, refuse
Th.is
is
the mildest and least confrontat ional type
of
compe llin g vo luntary appearance
:v1o
Si
officers walk rather softly after they have been served an abatement.
Example Two.
Same scenari o. same situation. same Deputy. This time says, ·'L h. th