My Self-Executing EMANCIPATION from the Guardian/Parental Controls and Authority by The
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My Self-Executing EMANCIPATION from the Guardian/Parental Controls and Authority by the Constitutionally Chartered CHURCH and STATE Corporations, as my Right of Age:
EMANCIPATE: To release; to set free, as to release a minor from parental control. See emancipation; emancipation of minor. EMANCIPATION: Liberation from slavery or bondage; release of a minor from parental control. See emancipation of minor. EMANCIPATION. An act by which a person, who was once in the power of another, is rendered FREE. By the laws of Louisiana, minors may be emancipated. Emancipation is Express or Implied. 2. Express Emancipation. The minor may be emancipated by his father, or, if be has no father, by his mother, under certain restrictions. This Emancipation takes place by the Declaration, to that effect, of the father or mother, before a notary public, in the presence of two witnesses. The orphan minor may, likewise, be emancipated by the judge, but not before he has arrived at the full age of eighteen years, if the family meeting, called to that effect, be of opinion that he is able to administer his property. The minor may be emancipated against the will of his father and mother, when they ill treat him excessively, refuse him support, or give him corrupt example. 3. The marriage of the minor is an implied emancipation. 4. The minor who is Emancipated has the full administration of his estate, and may pass all act's which may be confined to such administration; grant leases, receive his revenues and moneys which may be due him, and give receipts for the same. He cannot bind himself legally, by promise or obligation, for any sum exceeding the amount of one year of his revenue. When he is engaged in trade, he is considered as leaving arrived to the age of majority, for all acts which have any relation to such trade. 5. The Emancipation, whatever be the manner in. which it may have been effected, may be revoked, whenever the minor contracts engagements which exceed the limits prescribed by law. 6. By the English law, final emancipation is recognized, chiefly, in relation to the parochial settlement of paupers. See 3 T. R. 355; 6 T. R. 247; 8 T. R. 479; 2 East, 276; 10 East, 88.; 11 Verm. R. 258, 477. See Manumission. See Coop. Justin. 441, 480; 2 Dall. Rep. 57, 58; Civil Code of Louisiana, B. 1, tit. 8, c. 3; Code Civ. B. 1, tit. 10, c. 2; Diet. de Droit, par Ferriere; Diet. de Jurisp. art. Emancipation. MANUMISSION: Liberation from a condition of servitude by the voluntary act of the master. Fenwick v Chapman (US) 9 Pet 461, 472, 9 L Ed 193, 197. The emancipation of a child by his parent, terminating the parent's right to the services of the child. 39 Am J1st P & C § 82. EMANCIPATION PROCLAMATION. An Executive Proclamation, declaring that all persons held in slavery in certain designated states and districts were and should remain free. It was issued January 1, 1863, by Abraham Lincoln, as president of the United States and commander in chief. EMANCIPATION OF MINOR: The relinquishment by a parent of control and authority over his minor child, conferring on him the right to his earnings, and terminating the parent's legal duty to support the child. Swenson v Swenson (Mo App) 227 SW2d 103, 20 ALR2d 1409. SELF-EXECUTING PROVISION: A provision of a constitution which is effective without legislation, no action by the legislature being required to put it in operation. 16 Am J2d Const L § 94. SELF-EXECUTING CONSTITUTIONAL PROVISION: Immediately effective without the necessity of ancillary legislation. Cleary v. Kincaid, 23 Idaho, 789, 131 P. 1117, 1118; Stange v. City of Cleveland, 94 Ohio St. 377, 114 N.E. 261, 262. Constitutional provision is "Self-Executing" if it supplies sufficient Rule by which Right given may be enjoyed or duty imposed enforced; constitutional provision is not "self-executing" when it merely indicates principles without laying down rules giving them force of law. Zachary v. City of Wagoner, 146 Okl. 268, 292 P. 345, 348; State v. Perrault, 34 N.M. 438, 283 P. 902, 903. SELF-EXECUTING JUDGMENTS: Those requiring no Affirmative Action of the court or action under process issued by the court to execute them. /Etna Casualty & Surety Co. of Hartford, Conn., v. Board of Sup'rs of Warren County, 160 Va. 11, 168 S.E. 617, 629. AFFIRMATION: A Positive Statement. A Solemn Statement or Declaration, made as a substitute for a sworn statement by a person whose conscience will not permit him to swear. 39 Am J1st Oath § 13. SOLEMN: Formal; in regular form, with all the forms of a proceeding. BURDEN OF PROOF: The duty of establishing ultimately in the trial the truth of a given proposition or issue by such a quantum of evidence as the law demands in the case in which the issue arises. 29 Am J2d Ev § 123. See burden of evidence. RELIGIO SEQUITUR PATREM: The religion follows the father; that is, the child is deemed to adopt the religion of his father.
Page 1 of 12 RELIGIOUS PARENT: A CHURCHES claim as a Religious guardian/parent until the minor comes of Age to have Free Choice. RELIGIOUS PURPOSE: The Advancement of Religion. The propagation of the Faith. Maintaining Religious Worship. An Association formed for the purpose of exercising some Ecclesiastical Control over its members, or prescribing some form of worship for them, or subjecting those of its members who fail to conform to its rules to ecclesiastical discipline, is formed for a "religious purpose." But a Young Men's Christian Association formed to promote growth in grace and Christian fellowship among its members, and aggressive Christian work, especially by and for young men, and to seek out and aid the worthy poor, is not formed for a "religious purpose." Hamsher v Hamsher, 132 Ill 273, 23 NE 1123. RELINQUISHMENT: An abandonment; a yielding up of all claim to a thing. See release; renunciation. AGE OF CHOICE: See age of discretion. AGE OF CONSENT: An arbitrary age fixed by statute without reference to physical development, varying in American jurisdictions from ten to eighteen years, to denote the time of her life at which a female may consent to sexual intercourse. 44 Am J1st Rape § 19. The age which qualifies one to enter into a marriage contract. 35 Am J1st Mar § 16. AGE OF DISCRETION: The age, usually fourteen, at which, under statute, a minor is entitled to choose, or at least be consulted in the selection of, a guardian. 25 Am J1st Guar § 28. AGE OF ELECTION: Same as age of discretion. AGE OF MAJORITY: The age, usually twenty-one, at which the disability of infancy terminates. 27 Am J1st Inf § 5. BELIEF: The Conviction of the mind, founded on Evidence that a Fact EXISTS, that an Act was DONE, that a Statement is TRUE. When one says, I believe that a fact exists, or that an act was done by another, he must be understood to assert that there is present to his mind evidence sufficient to convince him, that the fact does in reality exist, or that the act was done. Giddens v Mirk, 4 Ga 364, 369. BELIEVE: To have a belief or an opinion. RIGHT OF RE-ENTRY: See re-entry for condition broken. RE-ENTRY FOR CONDITION BROKEN. The interest which remains in the grantor or his successors, or the successors of a testator, where an estate on condition subsequent has been created. 28 Am J2d Est §§ 188 et seq. Actually, a power of termination rather than a substantial estate. 28 Am J2d Est § 189. RIGHTS OF PERSONS: In the broad sense, the equivalent of personal rights. In a technical sense, physical rights, such as the right to travel from place to place, to see, and to hear the manifestations of nature. Duffies v Duffies, 76 Wis 374, 45 NW 522. LIBERTY: Absence of Servitude and Restraint. RESTRAINT: Suppression, a holding back, a deprivation of liberty, by affirmative conduct. National Labor Relations Board v Grower-Shipper Vegetable Asso. (CA9 Cal) 122 F2d 368; Anno: 123 ALR 622; 83 L Ed 691. Reserve. Keeping one's emotions under control. RESTRAINT OF TRADE: Combinations and practices interfering unreasonably with the normal production and supply of commodities by the suppression of competition therein, or by other means; an instrument of monopoly. 36 Am J1st Monop etc § 2. A contractual restriction upon the right of a person to engage in a trade, business, or profession. 36 Am J1st Monop etc §§ 50 et seq. Contracts, associations, and combinations which are only in partial and reasonable restraint of trade are generally regarded as valid. 36 Am J1st Monop etc § g. DISABLING STATUTES: The statutes, also called the "restraining statutes” passed in the reign of Elizabeth which curbed the leasing of lands by the church and by eleemosynary corporations, and resulted in the turning over to Elizabeth of much valuable land by the prelates, for which she paid nothing. See 2 Bl Comm 320. DEPOSIT FOR COLLECTION: A transaction wherein a customer delivers commercial paper to a bank and the bank undertakes as agent for the customer the duty of making the collection. 10 Am J2d Banks § 403. DEPOSIT INSURANCE CORPORATION: An agency of the United States established for the purpose of insuring bank deposits by setting up a permanent insurance fund for that purpose and the payment of deposits upon the closing of any insured bank, to preserve the solvency of insured banks, and to keep open the channels of trade and commercial exchange. 10 Am J2d Banks § 427. DEPOSITOR: One who makes a DEPOSIT, particularly one who makes a deposit in a bank whether on open account, special account, or at interest, the term including the holder of a certificate of deposit, but according to some definitions, not the holder of a cashier's check or certified check. Re Citizen's State Bank, 44 Idaho 33, 255 P 300 (statutory definition). A Depositor is not the Owner of any specific money in the bank. He is simply the Owner of a Right and CREDIT against the bank. Wright v Holmes, 100 Me 508, 62 A 507. But as used in bank guaranty laws, the word depositor should be taken in its commonly understood sense, and not so as to include creditors generally, who would not in common parlance, be regarded as depositors in a bank. Anno: 111 ALR 229.
Page 2 of 12 DEPOSITORY: A storehouse; a place where money or valuable articles are put for safekeeping; a depositary; an Official Custodian of monies or other property paid into Court under Order of Court. 23 Am J2d Deposit In Ct § 4; a banking institution designated by the judge of a bankruptcy court as the place of deposit of the funds of estates in bankruptcy. 9 Am J2d Bankr § 1240. DEPOSIT SLIP: A SLIP of paper containing entries made by the person making a bank deposit, showing his name, the amount of cash deposited, and a listing of the checks deposited by the name of the bank upon which drawn or the use of numbers representing the drawee bank, the amount of each character of items deposited, and the Total Deposit. The rules of the bank in respect of deposits are often printed on the slip. 11 Am J2d B & N § 341. RECEIPT: The acceptance of property upon a delivery thereof. The acceptance of money offered by way of payment or gift. An acknowledgment in writing of the receipt of money. Glickman v Weston, 140 Or 117, 11 P2d 281, 12 P2d 1005. Written evidence of the discharge of an obligation. A mere Receipt for money does not import a promise, obligation, or liability and hence is not within the statute of limitations governing contracts, BUT if it recites that the money received is to be applied to the account of the person from whom it was received, it partakes of both a Receipt and a Contract and becomes subject to the statute of limitations applicable to contracts. 34 Am J1st Lim Ac § 85. See Interim Receipt; Trust Receipt; Warehouse Receipt. INTERIM RECEIPT: In insurance parlance, a binder or contract of temporary insurance. 29 Am J Rev ed Ins § 205. See interim certificate. INTERIM CERTIFICATE: A Receipt issued on a subscription for corporate stock or a purchase of bonds or other securities, to be held by the subscriber or purchaser until the securities purchased are ready for delivery, being in effect the promise or obligation of the issuer to deliver the Securities when issued. 11 Am J2d B & N § 28. TRUST RECEIPT: A security transaction intended to aid in financing importers and retail dealers who do not have sufficient resources to finance the importation or purchase of merchandise, and who may be unable to acquire credit except through utilization as collateral of the merchandise imported or purchased. 53 Am J1st Tr Rec § 1. A comparatively modern instrument of security protecting a bank or finance company for money advanced or credit given for the purchase of goods by a dealer, the bank or finance company receiving title from the manufacturer and taking from the dealer a statement that he holds the goods in trust for the bank or finance company, it being contemplated by the transaction that the dealer will resell the goods and repay the bank or finance company, and that the ultimate buyer or consumer will obtain clear title. 47 Am J1st Sales § 838; 53 Am J1st Tr Rec § 2. TRUST RECEIPTS ACT. One of the uniform statutes. Repealed by the Commercial Code. 15 Am 32d Com C § 6. WAREHOUSE RECEIPT: A Receipt issued by a person engaged in the business of storing goods For Hire. UCC § 1- 201(45). In a more formal and elaborate character, a symbolic representation of the stored property itself; a document of title to goods. Uniform Sales Act § 76; 56 Am J1st Wareh § 29. WAREHOUSE RECEIPTS ACT. One of the uniform laws, specifically repealed by the Commercial Code. 15 Am J2d Com C § 6. RECEIVER: A person appointed to take custody of property in a receivership. A person appointed by the court to receive and preserve the property of fund in litigation, and receive its rents, issues, and profits, and apply or dispose of them at the direction of the court, sometimes having the additional duty of operating a business in order to maintain it as a going concern. 45 Am J1st Rec § 3. Any Receiver or an estate in bankruptcy. Bankruptcy Act § 1(31); 11 USC § 1(31). An instrumentality for intercepting and disseminating radio communications by sound or signal. An instrumentality for receiving telephonic communications. RECEIVER'S CERTIFICATE: A certificate or evidence of indebtedness, issued under order of the court by a receiver in possession of property in payment for goods or services purchased or engaged by the receiver payable out of a particular fund in the receivership, and usually constituting a first lien on the property in the receivership. 45 Am J1st Rec § 366. RECEIVING DEPOSITS WHILE INSOLVENT: The wrong, usually constituting a criminal offense, of a director or officer of a bank in permitting deposits to be made, knowing that the bank is insolvent. 10 Am J2d Banks §§ 198, 242 et seq. RECEIVING VALUE THEREFOR: Receiving payment or reward, in some manner, for the particular and specific act of signing an instrument for the payment of money. Gaspard v Lachney (La App) 92 So2d 277. FEDERAL AGENCIES AND INSTRUMENTALITIES. Agencies, boards, bureaus, commissions, institutions, and services of the United States Government. For particular agency, bureau, commission, service, or instrumentality, see the pertinent title or popular name, such as Bureau of Investigation; Civil Service Commission; Deposit Insurance Corporation; Housing and Home Finance Agency; Mediation and Conciliation Service; Power Commission, etc. INSTRUMENTALITY. An agency, a Means of accomplishment. See dangerous instrumentality; federal instrumentality. MEANS: Financial resources. An instrumentality for the accomplishment of a purpose. 16 Am J2d Consp § 7. See accidental means; available means. AVAILABLE MEANS: A mercantile term for anything which is readily convertible to money, such as negotiable promissory notes and bills of exchange, stocks and bonds. Brigham v Tillinghast, 13 NY 215, 218, 219.
Page 3 of 12 DEPOSITORS' GUARANTY FUND: A fund to which the banks of a state contribute according to the amount of their deposits, established for the protection of depositors, that is, to make the currency of checks secure and also to protect the depositors in respect of their deposits. 10 Am J2d Banks § 424. PERMANENT INSURANCE FUND: A fund established pursuant to federal statute for insuring deposits in banks insured by the Federal Deposit Insurance Corporation. 12 USC § 1821; 10 Am J2d Bks § 427. See State Insurance Fund. NON: Not; no; by no means. ONCE A FRAUD, ALWAYS A FRAUD. 13 Yin. Abr. 539. ONCE QUIT AND CLEARED, EVER QUIT AND CLEARED. (Scotch, anis quit and clenged, a; quit and clenged.) Skene, de Verb. Sign. voc. "Iter.," ad fin. UNPOSSESSED: Not held fit possession; unoccupied. DECLARATION OF INTENTION: A Declaration by an alien of his intention to become a citizen. The filing of such a Declaration is permissive under the present law. United States v Menasche, 348 US 529, 99 L Ed 615, 75 S Ct 513. Under the former law, the filing of a declaration of intention was a condition precedent to the filing of a petition for naturalization. 3 Am J2d Aliens § 147. PETITION: A formal request in writing addressed to one in a position of authority or to a body, such as a municipal council, usually signed by a number of persons. An application. The name given in some jurisdictions to the pleading by which the plaintiff in a civil action, whether in law or equity, sets forth his cause of action and invokes the jurisdiction of the court. 41 Am J1st Pl § 73. In some jurisdictions, the pleading by the plaintiff in a special proceeding. The pleading which seeks condemnation of property in a proceeding in eminent domain. 27 Am J2d Em D § 395. NATURALIZATION: The Conferring of the Nationality of a STATE upon a PERSON After birth, by any means whatsoever. 8 USC § 1101 (a) (23); Re Marques, 341 Mass 715, 172 NE2d 262. The act of adopting a foreigner and clothing him with the privileges of a native born citizen. Boyd v Nebraska, 143 US 135, 36 L Ed 103, 12 S Ct 375. An Act involving the RENUNCIATION of a former citizenship and entrance into a similar relation towards a different body politic. Boyd v Nebraska, 143 US 135, 36 L Ed 103, 12 S Ct 375.
RENUNCIATION: A definite giving up or Casting Off of something. A Legal Act by which a person abandons a right acquired, but without transferring it to another. Johnston's Estate, 186 Wis 599, 203 SW 376. A disclaimer of interest by succession made after the ancestor's death, which, if effective, relates back to the time of death and avoids the succession. Bostian v Milens, 239 Mo App 555, 193 SW2d 797, 170 ALR 424. Refusal to accept a gift. Gottstein v Hedges, 210 Iowa 272, 228 NW 93, 67 ALR 1218. A method of discharging a negotiable instrument consisting of the holder's express disclaimer of rights in the instrument. 11 Am J2d B & N § 948. The refusal by a person designated trustee to act as such. 15 Am J2d Char § 40. The refusal of one entitled to appointment as an executor or administrator to accept the appointment. 31 Am J2d Ex & Ad § 77. An agent's termination of the agency relationship. 3 Am J2d Agency § 40. See Repudiation. REPATRIATION: The Restoration of a person to citizenship previously lost by EXPATRIATION. A return to the country of one's birth and citizenship of origin. To replace an existing pavement on a street or highway with a new pavement. Ten Eyck v Albany, 65 Hun 194, 198, 20 NYS 157. REPEAL: To Revoke or Recall. Oakland Paving Co. v Hilton, 69 Cal 479, 11 P 3. REPUDIATION: A denial of validity or of authority. Refusal to recognize an obligation asserted as binding one. A denial of responsibility or obligation. State Sav. Bank v Black, 91 Iowa 490, 59 NW 282. A certain, definite, unequivocal, and timely denial by one person of the authority of another who has purported to act for him as his agent in incurring a liability. Sullivan v Bennett, 261 Mich 232, 246 NW 90, 87 ALR 791. REPUDIATION OF CONTRACT: Refusal to recognize the existence of a contract or the doing of something inconsistent with its existence; renunciation of liability under a contract. 17 Am J1st Contr § 443. A refusal or declination to perform in accordance with the contract. Lane v Chantilly Corp. 251 NY 435, 167 NE 578, 68 ALR 653. RESTITUTIO IN INTEGRUM: The Restitution of a thing in its entirety; that is, restoring the thing to its original state. The maxim is a leading one in admiralty in collision cases, where repairs are practicable, the Rule being that the damages assessed shall be sufficient to restore the injured vessel to the condition in which she was at the time when the injury was inflicted upon her. Phoenix Ins. Co. v The Atlas, 93 US ~302, 23 L Ed 863. RESTITUTION: The restoration to a person of that of which he has been wrongly deprived. Relief against the unjust enrichment of one person at the expense of another. Relief for one who has been compelled to pay money under a judgment since reversed. 5 Am J2d A & E §§ 997 et seq. The restoration of property of which one has been deprived under a judgement since reversed. 5 Am J2d A & E § 1004. The ordinary form of judgment for the plaintiff in an action for forcible entry and detainer, awarding restitution of the premises to him, with costs. 22 Am J1st Fare E & D § 48. In the modern sense of the term, compensation, reimbursement, indemnification or reparation for benefits derived from, or for loss or injury caused to another. Holloway v People's Water Co. 100 Kan 414, 167 P 265, 2 ALR 161. See Restoration Rule; Unjust Enrichment; writ of restitution.
Page 4 of 12 RESTITUTION INTEREST: A term of ART in the Laws of Damages for Breach of Contract, being the interest of the Non- Defaulting Party in the benefit which he conferred on the DEFAULTER pursuant to the contract and prior to its breach. Restatement, Contracts § 347; Restatement, Restitution § 107. DEFAULT: Fault; neglect; omission; the failure to perform a duty or obligation; the failure of a person to pay money when due or when lawfully demanded. Docking v National Surety Co. 122 Kan 235, 252 P 201. The failure of a party to an action to appear in the action where he is under duty to appear, as where a defendant has been served with timely and legal process or to plead in an action where he is required to plead. 30A Am J Rev ed Judgm §§ 198 et seq. In the Law of Mandamus a "default" is a failure of a public officer or a group of officers to perform a Legal Duty. Anno: 175 ALR 650. FRAUD: Deceit, deception, artifice, or trickery operating prejudicially on the rights of another, and so intended, by inducing him to part with property or surrender some legal right. 23 Am J2d Fraud § 2. Anything calculated to deceive another to his prejudice and accomplishing the purpose, whether it be an act, a word, silence, the suppression of the truth, or other device contrary to the plain rules of common honesty. 23 Am J2d Fraud § 2. An affirmation of a fact rather than a promise or statement of intent to do something in the future. Miller v Sutliff, 241 111 521, 89 NE 651. For the purpose of the exception to discharge in bankruptcy of debts incurred by officers and fiduciaries through "fraud":–positive fraud, fraud in fact, involving moral turpitude or intentional wrong. 9 Am J2d Bankr § 801. See badge of fraud; constructive fraud; deceit; extrinsic fraud; fraudulent conveyance; legal fraud; MISREPRESENTATION; positive fraud. FRAUD IN THE INDUCEMENT: Fraud exercised in inducing the signing of an instrument. Gomillion v Forsythe, 218 SC 211, 62 SE2d 297, 53 ALR2d 169. FRAUDULENT ASSIGNMENT: An Assignment for the benefit of creditors made with Intent to PREVENT the immediate application of the property to the payment of assignor's DEBTS. 6 Am J2d Assign for Crs § 63. FRAUDULENT CONCEALMENT: The suppression of, or silence concerning, a fact material to be known and which the party is under a duty to communicate because of a confidential relationship between the parties or the particular circumstances of the case. American Nat. Bank v Fidelity & Deposit Co. 131 Ga 854, 63 SE 622. As a BAR to discharge in bankruptcy:–the failure of the BANKRUPT to disclose his property to his Trustee in Bankruptcy after having had reasonable opportunity so to do. 9 Am J2d Bankr § 695. As a criminal offense against the Bankruptcy Act:–knowingly to conceal from the Receiver, Custodian, TRUSTEE, Marshal, or other Officer of the Court charged with the Custody or Control of property, or from creditors in any proceeding under the Bankruptcy Act, any property belonging to the estate of a bankrupt; to conceal property knowingly, in contemplation of a bankruptcy proceeding, with intent to defeat the bankruptcy law. 18 USC § 152, paragraphs (1), (6). FRAUDULENT CONVERSION: An essential element of the Crime of Embezzlement, which may consist either of an appropriation of the money or other personal property to the personal use of the accused, that is, of his disposition of it for his own personal benefit and his own private business, or in putting it to some other use than a proper discharge of the trust imposed, or after obtaining lawful possession, in failing to account for or pay over on proper or lawful demand. Blake v State, 12 Okla Crim 549, 160 P 30. A conversion by a Fiduciary made with intent to deprive the Beneficiary of the money permanently, or at least until restoration should be compelled. United States v Summers (DC Va) 19 F2d 627. RESTORATION: The Re-Establishment of a monarchy. The enthronement of Charles II following the Rule of Cromwell. Bringing back to a former condition, as a restoration of health. Giving back that which was previously taken away. RESTORATION OF RECORD: The restoring of a lost or destroyed public record through procedure prescribed by statute. 34 Am J1st Lost Papers §§ 27 et seq. The replacement of a judicial record which has been lost, stolen, or destroyed, also the replacement in its original condition of a judicial record improperly altered. 20 Am J2d Cts § 63. RESTORATION OF STATUS QUO: The act of the plaintiff in a suit for cancellation of an instrument in restoring, the defendant to the position he occupied before the transaction in question. 13 Am J2d Cane Inst § 37. The placing of the other party to the contract in the position in which he was at the time of entering into the contract, as an essential part of the rescission of a contract. 17 Am J2d Contr § 512. RESTORATION RULE: The Rule that the plaintiff in an action for an injury to his real property is entitled to recover the cost of repairing the real estate so as to restore it to its condition immediately prior to the INJURY. Cattin v Omaha, 149 Neb 434, 31 NW2d 300. DECLARATION OF RIGHTS: That part of a state constitution containing a formal declaration enumerating somewhat in detail the Rights of the citizen which the state government Must Respect; "not a mere enunciation of abstract principles, but a solemn enactment by the people themselves, guarded by a sufficient sanction." McMasters v West Chester Normal School, 13 Pa Co 481, 487. See Bill of Rights. DECLARATIVE REMEDIES: Those remedies in equity whose main and direct object is to Declare, confirm, and establish the right, title, property, or estate of the plaintiff, whether it be legal or equitable. See 1 Pomeroy's Equity Jurisdiction § 112. See declaratory judgment. DECLARATORY: Explanatory; affirmative; tending to remove doubt.
Page 5 of 12 DECLARATORY JUDGMENT: A judgment which declares conclusively the rights and duties, or the status, of the parties but involves no executory or coercive relief following as of course. Clem v Kaplan, 201 Ga 396, 40 SE2d 133; Brindley v Meara, 209 Ind 144, 198 NE 301, 101 ALR 682; Savage v Howell, 45 NM 527, 118 P2d 1113. An action for a declaratory judgment is the appropriate remedy for the determination of a justiciable controversy where the plaintiff is in doubt as to his legal rights and wishes to avoid the hazard of taking steps in advance of the determination of such rights. 22 Am J2d Dec J § 1. DECLARATORY JUDGMENT ACT: A federal statute, enacted in 1934, providing that in cases of actual controversy the courts of the United States shall have power, upon petition, declaration, complaint, or other appropriate pleadings, to declare rights and other legal relations of any interested party petitioning for such declaration whether or not further relief is or could be prayed, and that such declaration shall have the force and effect of a final judgment or decree and be reviewable as such. 28 USC §§ 2201, 2202; the Uniform Declaratory Judgments Act, first proposed in 1922, which has been adopted by the great majority of states, in some instances with slight modifications. See 9A Uniform Laws Annotated, Declaratory Judgments. DECLARATORY PART OF A STATUTE: That part which declares or states the need or requirement which the statute was framed to fulfil, often introduced by the word "whereas." 50 Am J1st Stat § 152. DECLARATORY RELIEF: See declaratory judgment; declarative remedies. DECLARATORY STATUTE: A statute which is declaratory or expressive of the common law, Gray v Bennett, 44 Mass (3 Metcalf) 522, 527; a statute, the purpose of which is to declare or settle the law where its correct interpretation has been doubtful or uncertain. DECLARE: In common parlance, to State; to Assert; to publish; to utter; to Announce; to Announce Clearly some opinion or Resolution. Knecht v Mutual Life Ins. Co. 90 Pa 118, 121; in pleading, to allege or set forth in a declaration or other affirmative pleading. RESOLUTION: An expression of the opinion or mind of a municipal counsel concerning some matter of administration and providing for the disposition thereof, being less formal than an ordinance and requiring no set form of words. Sawyer v Lorenzen, 149 Iowa 87, 127 NW 1091. An expression of any legislative department of government other than by statute. A proposition of law declared in a case, e.g. the first resolution in Wild's Case. See joint resolution. COLONY: A dependent political community, consisting of a number of citizens of the same country who have emigrated therefrom to people another, and remain subject to the mother-country. 8 Wash. C. C. 287. A settlement in a foreign country possessed and cultivated, either wholly or partially, by immigrants and their descendants, who have a political connection with and subordination to the mother-country, whence they emigrated. In other words, it is a place peopled from some more ancient city or country. Wharton. COLONY: A body of emigrants who settle abroad, but who remain loyal to their mother country; a dependency; territory attached to a nation known as the mother country, by ties of allegiance and usually by economic and political compacts or arrangements. MONOPOLY: Broadly, the sole power of dealing in an article or doing a specified thing, either generally or in a particular place. 36 Am J1st Monop etc. § 2. A means of suppressing competition by the unification of interest or management or through agreement and concert of action. 36 Am J1st Monop etc. § 2. MONOPOLY OF ANY PART: An expression of the Federal Antitrust Act; a monopoly of any part of interstate or foreign trade or commerce. Lorain Journal Co. v United States, 342 US 143, 96 L Ed 162, 72 S Ct 181; United States v Paramount Pictures, 334 US 131, 92 L Ed 1260, 68 S Ct 915. PUBLIC DEBT: In a narrow sense, NATIONAL or STATE Obligations; in a broader sense, national obligations, state obligations, county obligations, town obligations, in fact the obligations of any public body. 43 Am J1st Pub Sec § 3. PUBLIC DEBTOR: Broadly, the NATION, a STATE, COUNTY, TOWN, MUNICIPAL CORPORATION, or political subdivision obligated under outstanding indebtedness. A municipal corporation, school district, local improvement district, county, or other Political Subdivision eligible for relief by the composition of its indebtedness under provisions of the Bankruptcy Act. 9 Am J2d Bankr § 1416. POLITICAL SUBDIVISION: A Subordinate Political Body. A county, township, or municipal corporation. A Territorial division to the electors of which there is committed to some extent the power of local government. State v Corker, 67 NJL 596, 52 A 362. PUBLIC DEFENDER: An attorney at law appointed to aid indigent persons accused of crime, becoming in the individual case in which he acts counsel for the accused to the same extent as if retained by the accused regularly and for all purposes of the case. 21 Am J2d Crim L § 323. A PUBLIC TRUSTEE. PUBLIC PROPERTY: Property owned by the government or a governmental body. Property owned by the public as such in a governmental capacity. 42 Am J1st Prop § 12. Property belonging to the state or a Political Subdivision thereof, such as a county, city, town, and the like, used exclusively for a public purpose. Anoka County v St. Paul, 194 Minn 554, 261 NW 588, 99 ALR 1157 (tax exemption).
Page 6 of 12 PUBLIC SERVICE: Service rendered as a PUBLIC OFFICER or employee; service rendered in any capacity for or on behalf of the government, national, state, or local. Utility service, such as the furnishing of gas or electricity. The public service that may entitle certain individuals, including private corporations, to privileges and immunities not enjoyed by the public generally, is a public service that carries with it some measure of public control and supervision; and the right of public control and authority must precede or accompany the grant of the privilege, and be so much a part of it that the privilege cannot be exercised without incurring the responsibility and liability that attaches to the performances of public duties. The beneficiary of the grant must be, in some degree, the servant of the public, and subject to the control and authority of some public agency. This is the test to which the right to the enjoyment of special privileges by individuals and private corporations must be subjected, and by this standard their right to privileges and immunities not allowed to the general public must be adjudged. Louisville Railway Co. v Louisville Fire & Life Protective Asso. 151 Ky 644, 152 SW 799. PUBLIC TRUST: A Charitable Trust. A public office. See charitable trust. PUBLIC WORSHIP: Church services. Worship conducted by Religious Societies constituted according to their own notions of ecclesiastical authority and ritual propriety, opening their places of worship and admitting to their religious services such persons and upon such terms and subject to such regulations as they may choose to designate and establish. CHARITABLE TRUST: A TRUST for the Benefit of an indefinite CLASS OF PERSONS constituting some portion or CLASS OF THE PUBLIC or, more broadly defined, a trust limiting property to some public use; a gift in some manner dedicated to the ultimate benefit or betterment of the public, or some significant portion thereof, not necessarily involving illegal activities or a use contrary to public policy, for promotion of something within a recognized field of general welfare. 15 Am J2d Char § 5; a gift for the benefit of persons, either by bringing their hearts and minds under the influence of education or religion, by relieving their bodies of disease, suffering, or constraint, by assisting to establish them for life, by erecting or maintaining public buildings, or in other ways lessening the burdens or making better the condition of the general public, or some class of the general public, indefinite as to names and numbers, or, in short, a gift to a general public purpose. State ex rel. Emmert v Union Trust Co. 227 Ind 571, 86 NE2d 450, 12 ALR2d 836. CHARITABLE TRUSTS ACTS: STATUTES regulating the administration of CHARITIES by the TRUSTEES thereof. CHARITABLE USE: A USE for the benevolent, educational, or religious purposes or for the ultimate benefit or betterment of the public or some significant portion thereof. 15 Am J2d Char §§ 5, 6. The Statute of Uses, 43 Elizabeth, Chapter 4, in its preamble, names twenty-one distinct charitable uses, "but upon examining the earlier English statutes and decisions, Mr. Justice Baldwin found forty-six, including all that are enumerated in the statute." A list of the twenty-one uses and also of the forty-six is to be found in NOTE to Hoeffer v Clogan, 63 Am St Rep 252, 253. See charitable trust. CHARITABLE USES ACT: An English statute of 1861, favoring conveyances for charitable uses. Am J2d Desk Book, Document 113. RELIGION: A BELIEF had or sought by man to explain the meaning of his existence. A person's understanding of his relation to the Creator and of the obligations of reverence and obedience imposed by such relation. Reynolds v United States, 98 US 145, 162, 25 L Ed 244, 249; Davis v Beason, 133 US 333, 33 L Ed 637, 10 S Ct 299; Nicholls v Lynn, 297 Mass 65, 7 NE2d 577, 110 ALR 377. Some system of faith and practice, resting on the idea of the existence of one God, the Creator and Ruler, to whom his creatures owe obedience and love. Knight's Estate, 159 Pa 500, 502, 28 A 303. An individual's BELIEF in a relation to a Supreme Being, involving duties superior to those arising from any human relation, and not including essentially political, sociological, or philosophical views or a merely personal moral code. 8 USC § 1448(a) (relative to release of alien from obligation of military service). The BELIEF in a relation to a Supreme Being involving duties superior to those arising from any human relation. (Selective Service Act of 1948 § 60).) Belief in the existence of superior beings exercising power over human beings by volition, and imposing rules of conduct, with future rewards and punishments. McMasters v State, 21 Okla Crim 318, 207 P 566, 29 ALR 292. All the different systems of faith and worship to be found in the world. Simpson v Welcome, 72 Me 496. See Establishment Clause. ESTABLISHMENT CLAUSE: The provision of the First Amendment to the Constitution of the United States concerning Establishment of Religion, the meaning of which is that neither a state nor the federal government can set up a church; neither can pass laws which aid one religion, aid all religions, or prefer one religion over another; neither can force nor influence a person to go to or remain away from church against his will or force him to profess a belief or disbelief in any religion. Illinois ex rel. McCollum v Board of Education, 33 US 203, 92 L Ed 649, 68 S Ct 461, 2 ALR2d 1338; Everson v Board of Education, 330 US 1, 91 L Ed 711, 67 S Ct 504, 168 ALR 392, reh den 330 US 855, 91 L Ed 1297, 67 S Ct 962. RELIGIOUS CORPORATION: A membership corporation, organized for the purpose of maintaining religious worship and spreading the faith. 45 Am J1st Reli Soc §§ 5 et seq. In older times, a bishop, dean, parson, or vicar having title to religious property. 18 Am J2d Corp § 7. In England ecclesiastical or religious corporations were those in which the members composing it were altogether spiritual persons, such as bishops, parsons, deans and chapters, and were erected for the furtherance of religion and perpetuating the rites of the church, but in this country Church Corporations are generally classed as Religious Corporations even though the Trustees or other Persons who represent the corporation are wholly composed of LAYMEN. Mackenzie v Trustees of Presbytery, 67 NJ Eq 652, 61 A 1027.
Page 7 of 12 RELIGIOUS TEST: An appraisal of a person according to the religion in which he believes. "No religious test shall ever be required as a qualification to any office or public trust under the United States." US Const, Art VI, cl 3. PENAL: An ELASTIC term but strictly and primarily denoting punishment, whether corporal or pecuniary, imposed and enforced by the state for a crime or offense against its laws. 36 Am J2d Forf & P § 2. PENAL ACTION: An action founded entirely upon a statute which subjects a wrongdoer to a liability in favor of a person wronged as a punishment for the wrongful act, without limiting such liability to the actual damages suffered. 1 Am J2d Actions § 42. In a very broad sense, inclusive of a criminal prosecution. PENAL ACTION: In practice. An action upon a penal statute; an action for the recovery of a penalty given by statute. 8 Steph. Co mm. 535, 536. Distinguished from a popular or qui tarn action, in which the action is brought by the Informer, to whom part of the penalty goes. A penal action or information is brought by an officer, and the penalty goes to the KING. 1 Chit. Gen. Fr. 35, note; 2 Archb. Pr. 188. PENAL BOND: A bond conditioned upon the performance of duties of office, or other obligations undertaken by the principal obligor in the bond or collateral things to be done by him. 12 Am J2d Bonds § 1. A bond conditioned upon the forfeiture of a penalty for its breach, as distinguished from a bond providing for liquidated damages. Carey v Mackey, 82 Me 516, 20 A 84. PENAL CODE: A division of the statutory law of a jurisdiction comprehensive of crimes and criminal proceedings. A model CODE proposed by the American Law Institute. PENAL FARM. A correctional institution to which persons convicted of misdemeanors are sent, instead of to the county jail. Summers v State, 198 Ind 241, 243, 151 NE 615, 616. A farm maintained as a part of the correctional system of a state to which prisoners may be sent for rehabilitation by work, whether at agricultural pursuits or industrial plants maintained on the land. PENAL LAWS: Those laws which prohibit an act and impose a penalty for the commission of it. They are of three kinds, — poena pecuniaria, poena eorporalis, and poena exilii. 2 Cro. Jac. 415. POENA: A punishment; a penalty; a compensation. POENA: Lat. Punishment; a penalty. Inst. 4, 6, 18, 19. PENAL SERVITUDE: in English criminal law, is a punishment which consists in keeping an offender in confinement, and compelling him to labor. Steph. Crim. Dig. 2. PENAL STATUTE: A statute which defines and prescribes the punishment for a Criminal offense. A statute which provides a penalty enforceable in a civil action. A statute, such as a wrongful death statute, providing for an assessment of damages with reference to the degree of culpability of the defendant. 22 Am J2d Dth § 5. A statute which imposes a penalty for transgressing its provisions. A statute that imposes a penalty or creates a forfeiture as the punishment for the neglect of some duty, or the commission of some wrong, that concerns the good of the public, and is commanded or prohibited by law. 50 Am J1st Stat § 16. PEON: A Debtor who is compelled to work for his creditor until his debt is paid. Bailey v Alabama, 219 US 219, 242, 55 L Ed 191, 201, 31 S Ct 145. PEONAGE: The status or condition of compulsory service based upon the indebtedness of the peon to the master. 48 Am J1st Slav § 5. The Criminal Offense of holding a person to service or labor in liquidation of a debt or obligation. 18 USC § 444. A Violation of the acts of Congress which were passed pursuant to the Enforcement Clause of the Thirteenth Amendment to the United States Constitution. United States v Reynolds, 235 US 133, 59 L Ed 162, 35 S Ct 86. PRINCE: A ruler; a sovereign. As in Great Britain, the son of a king or queen. In a democracy, a person of eminence, a person of quality, an engaging personality. PAUPER: A poor person; an indigent person. One receiving PUBLIC AID, eating the PUBLIC BREAD. 41 Am J1st Poor L § 4. PAUPERIS: See In Forma Pauperis. PAUPER SETTLEMENT: See Settlement Of Pauper. INDIGENA: A native subject or a subject who has been NATURALIZED. INDIGENT: In need; in want of a comfortable subsistence; poor. INDIGENT PERSON: One destitute of property or means of comfortable subsistence. Juneau County v Wood County, 109 Wis 330, 333, 85 NW 387. A poor person. A pauper. Risner v State, 55 Ohio App 151, 9 NE2d 151; Lynchburg v Slaughter, 75 Va 57, 62. A person who has no money or property, or insufficient money or property available for his immediate relief from want, is without credit, and is unable to maintain himself because of inability to work or to obtain employment. 41 Am J1st Poor L § 17. A person who has neither money nor estate, is without credit, and is unable to maintain himself because of inability to work or to obtain employment. 41 Am J1st Poor L § 17.
Page 8 of 12 AMERICAN JURISPRUDENCE: A comprehensive and authoritative modern text statement of American law, state and federal, procedural as well as substantive, under approximately four-hundred-fifty titles, arranged alphabetically, now in part in a second edition, with work continuing on the remaining volumes; known to bench and bar under the familiar abbreviations "Am. Jur." and "Am. J2d. AMERICAN THEORY: The fundamental conception of the supreme law, expressed in written form, in accordance with which all Private Rights must be determined and all public authority administered. PROCEDURAL LAW: The law which governs the manner in which Rights are enforced and Wrongs rectified. Hardie v Bryson (DC Mo) 44 F Supp 67. The law which prescribes the procedure to be followed in a case. PROCEDURE: The means adopted, that is the practice followed, whereby a court adjudicates controversies within its jurisdiction and properly presented to it, as distinguished from the Substantive Principles according to which Rights and Wrongs are determined. Green v Board of Comrs. 126 Okla 300, 259 P 635; Nordling v Johnston, 205 Or 315, 283 P2d 994, 48 ALR2d 1369. SUITOR: A Litigant; a party to an action or suit. SUITORS' FUND: A fund in the English chancery court made up of sums paid in as costs. SUITS PRO LAESIONE FIDEIL: Suits for Breach of Faith. In the reign of Stephen, the clergy attempted to turn their ecclesiastical courts into courts of equity by entertaining such suits as for spiritual offenses against conscience, in cases of nonpayment of debt or indeed any breach of contract. But this attempt was frustrated by the Constitutions of Clarendon in 1166. See 3 Bl Comm 52. SUBSTANCE OVER FORM. A determination of the effect of a transaction according to the substance of the matter rather than the particular FORM or label adopted in designating it. Re Smiley, 35 Wash 2d 863, 216 P2d 212. SUBSTANTIAL ADVERSE CLAIM: A claim which is real and actual, as distinguished from one which is merely colorable. A claim disclosing a contested matter of right involving at least a fair doubt and reasonable room for controversy in matters of law or fact. Harrison v Chamberlin, 271 US 191, 70 L Ed 897, 46 S Ct 467 (Claim sufficient to deprive COURT OF BANKRUPTCY of Constructive Possession of PROPERTY). SUBSTANTIAL ERROR: An ERROR which upon the trial works Harm and from which a party sustains substantial Injury. People v Perlman, 128 Misc 68, 71, 217 NYS 662, 665. An ERROR of the trial court which operates in the impairment of a substantial right of the accused. 5 Am J2d A & E § 778. SUBSTANTIAL PERFORMANCE: Performance of a contract which, while not a full performance, is performance in good faith, and in compliance with the contract except perhaps for minor and relatively unimportant deviations. 17 Am J2d Contr § 378. Performance of all the essentials necessary to the full accomplishment of the purposes of the contract. 13 Am J2d Bldg Contr § 43. Performance short of full performance but sufficient to substantiate a recovery of the contract price less a deduction for want of completion of the work. 58 Am J1st W & L § 52. Such an approximation to complete performance of a building contract that the owner obtains substantially what was called for by the contract, although it may not be the same in every particular, and although there may be omissions and imperfections on account of which there should be a deduction from the contract price. Handy v Bliss, 204 Mass 513, 90 NE 864. In one sense, full performance according to the fair intent of the contract. In another sense, performance distinctly short of full performance. 46 Am J1st Sales § 213. SUBSTANTIAL PERFORMANCE DOCTRINE: The principle that where there has been a breach of one of several promises, the question whether there has been a failure of consideration, a Complete Failure or a Partial Failure, is determined according to whether or not there has been a substantial performance of the contract. 11 Am J2d B & N § 244. CONSTRUCTIVE FRAUD: Legal Fraud as distinguished from actual fraud, being presumed from the relation of the parties to a transaction or from the circumstances under which it takes place, not necessarily a matter of conscious wrongdoing. 37 Am J2d Fraud § 4. In its generic sense, "CONSTRUCTIVE FRAUD" comprises all acts, omissions, and concealments involving a breach of legal or equitable duty, trust or confidence which result in damage to another. Constructive Fraud EXISTS in cases in which conduct, although not actually fraudulent, ought to be so treated-that is, in which such conduct is a constructive or quasi fraud which has all the actual consequences and legal effects of Actual Fraud. Re Arbuckle's Estate 98 Cal App 2d 562, 220 P2d 950, 23 ALR2cl 372. CONSTRUCTIVE MORTGAGE: An instrument in the form of an absolute deed of real estate but intended as a mortgage, being given as security for the payment of a DEBT. Plumner v Isle, 41 Wash 5, 82 P 1009. CONSTRUCTIVE POSSESSION: That possession which the law annexes to the title; sometimes called legal possession, or possession in law, to distinguish it from possession in deed or in fact, which actual occupancy gives. 42 Am J1st Prop § 42. As applied to a dissersor: -a claim of ownership under COLOR of Title to a tract of land of which only a part is in the actual possession of the claimant. 3 Am J2d Adv P § 18. By force a statute, payment of taxes, under COLOR of Title, is constructive possession of unimproved and uninclosed land. Such possession is constructive adverse possession as distinguished from actual adverse possession. Canaday v Miller, 102 Kan 577, 171 P 651. CONSTRUCTIVE PRESENCE: A FICTION of Criminal Law whereby a Person who is physically elsewhere at the time of the commission of the crime, is regarded as being present at the scene of the crime committed through AGENCIES set Page 9 of 12 in motion by that Person. Hyde v United States, 225 US 347, 362, 56 L Ed 1114, 1124, 32 S Ct 793. In the EYES OF THE LAW a Person may be present, although he is Absent. If a person keeps away from the place where a crime is being committed for the purpose of facilitating the commission of the offense, he is considered as being constructively present as a principal to the CRIME, although he is not sufficiently near to give assistance if required. State v Poynier, 36 La Ann 572. CONSTRUCTIVE TAKING: A Taking by FRAUD, Trick, or Deception. 32 Am J1st Larc § 12. CONSTRUCTIVE TRUST: A TRUST by operation of law which arises contrary to intention and against the will, declared against one who, by Fraud, actual or constructive, by Duress or abuse of confidence, by Commission of Wrong, or by any form of Unconscionable Conduct, Artifice, Concealment, or questionable means, either has obtained or holds the legal right to property which he ought not, in equity and good conscience, hold and enjoy. 54 Am J1st Trusts § 218. CLEAN HANDS DOCTRINE: The equitable principle which requires a denial of relief to a complainant who is himself GUILTY of Inequitable Conduct in reference to the matter in controversy. 27 Am J2d Eq § 136; 28 Am J Rev ed Inj § 33. Within the meaning of the Maxim of Equity requiring one who comes to it for relief to come with CLEAN HANDS and an apparently clear conscience, the term Unclean Hands is a figurative description of a class of suitors to whom a court of equity as a court of conscience will not even listen, because the conduct of such suitors is itself Unconscionable, that is, Morally Reprehensible as to known Facts. 27 Am J2d Eq § 137. Unclean Hands Doctrine. See clean hands doctrine. ACT OF GOD: An unusual, extraordinary, sudden, and unexpected manifestation of the forces of nature which man cannot resist. 32 Am J1st L & T § 795. An act beyond the intervention of man, such as a storm, a bolt of lightning, or a tempest. 1 Am J2d Act of God § 2. An exception to the liability of a tenant from Liability for injuries caused by an "act of God" will not include an injury caused by a fire set by human AGENCY, since an act of God refers to some irresistible disaster such as results from natural causes in no sense attributable to human AGENCY. 32 Am J1st L & T § 811. ACT OF INDEMNITY: A STATUTE in AID of officers who have FAILED TO QUALIFY for their Offices. EXECUTOR: The PERSON nominated by a Testator to carry out the directions and requests in his will and to dispose of the property according to his testamentary provisions after his decease. ONE to whom a Testator has given his goods, chattels, and personal estate for the purpose of paying all his debts. 21 Am J2d Ex & Ad § 3. It is not to be implied that in order to name an EXECUTOR by will, the will must dispose of property. There is an abundance of authority for the proposition that an instrument properly executed as a will may be probated as a will if it names or nominates an executor, notwithstanding it does not purport to dispose of any property further than to provide for the payment of debts which the law would require the personal representative to pay if the estate was intestate. Reeves v Duke, 192 Okla 519, 137 P2d 897, 147 ALR 634. LIQUIDATOR: In the broad sense, the one who liquidates. In a technical sense, especially in England and Canada, one who liquidates a corporation in receivership for dissolution; in other words, a Receiver. 45 Am J1st Rec § 3. TRUST COMPANY: A corporation, usually engaged in a general banking business, and in particular as a compensated trustee of funds or property. A bank for purposes of regulation. 10 Am J2d Banks § 11. PRO SE: For one's self. Appearing for one's self in an action or criminal prosecution. 5 Am J2d Appear § 10; 21 Am J2d Crim L § 310. BENEFICIAL DEVISE: A DEVISE which bequeaths a beneficial interest; a devise under which the DEVISEE is intended by the testator to receive a direct interest under the will in the property of the testator. When an interest arises consequentially from a devise, as in the case of a dower right arising out of a devise to the husband, the devise is not a beneficial devise to the person thus incidentally benefited. Sullivan v Sullivan, 106 Mass 474. BENEFICIAL ENJOYMENT: The advantages of the ownership of property, sometimes had WITHOUT possessing the Legal Title. DEVICE: Something INGENIOUSLY CONCEIVED and skillfully made, especially something whereby to work a TRICK or perpetrate a FRAUD. Armour Parking Co. v United States, 209 US 56, 71, 52 L Ed 681, 690, 28 S Ct 428. INGENIUM. A Trick; a Fraudulent Scheme or Device. CONCEIVED – Impregnated - to make pregnant. BOTTOM-LINE: As the DEVISEE , they FUCKED you and you Ingeniously Conceived within yourself a Fraudulent Person known as a TRUST EXECUTOR that you have been carrying around with you, like a TURD causing you all sorts of pains. You have to do a Man-U-Mission or a Shitting Out of the TRUST EXECUTOR “TURD” to the TRUSTEES, your Trusted Toilet so it can be flushed down and out of the System, otherwise the Trustees “Toilet” is holding the Turd with dirty hands. Now you can wash your hands and they will now be Clean. TURD: an unpleasant or Contemptible PERSON or thing. [Origin of Turd – old England] There is an old Buddhist saying…”No matter how much you wash a TURD, it will not come clean.”
Page 10 of 12 FRAUD: Deceit, deception, artifice, or trickery operating prejudicially on the rights of another and so intended, by inducing him to part with property or surrender some legal right. 23 Am J2d Fraud § 2. Anything calculated to deceive another to his prejudice and accomplishing the purpose, whether it be an act, a word, silence, the suppression of the truth, or other device contrary to the plain rules of common honesty. 23 Am J2d Fraud § 2. SLANDER: In modern usage, the speaking of Base and Defamatory words which tend to prejudice another in his reputation, office, trade, business, or means of livelihood. 33 Am J1st L & S § 3. SLANDER OF TITLE: Words, Written, Printed, or Uttered, which bring or tend to bring in question the RIGHT or TITLE of another to Real or Personal Property. 33 Am J1st L & S § 344. A False and Malicious statement, ORAL or WRITTEN, made in disparagement of a person's title to real or personal property, or some property right of his. Landstrom v Thorpe (CA8 SD) 189 F2d 46, 26 ALR2d 1170. Slander of Title is a FALSE and MALICIOUS statement, Oral or Written, in disparagement of a person's title to real or personal property, causing him special damage, and the essential elements of a cause of action therefor are the uttering and publication of the slanderous words by defendant, the falsity of the words, malice, and special damages. Cawrse v Signal Oil Co. 164 Or 666, 103 P2d 729, 129 ALR 174. DISPARAGEMENT: Discredit; Detraction. The wrong suffered by an infant ward at the hands of the guardian in providing an unequal or unsuitable marriage. As a survival of many of the abuses of feudal tenure, the guardian had and exercised the right of selling the ward in marriage for his own profit. See 2 Bl Comm 70, 71. DISPARAGEMENT OF PROPERTY: Criticism which discredits the quality of merchandise or other property offered for sale. Anno: 57 ALR2d 848; 33 Am J1st L & S § 344. DISPARAGEMENT OF TITLE: Words or conduct which bring or tend to bring in question the right or title of another to particular property. 33 Am J1st L & S § 344. PROTECTOR: Literally, one who protects, as a king may be a "protector of the faith." PROTECTORATE: Government by a Protector. A COUNTRY which the United States has taken under its protection but not with the intent to assume sovereignty over it. Pearcy v Stranahan, 205 US 257, 51 L Ed 793, 27 S Ct 545. LAWYER: An attorney or Counsellor at Law; a barrister; a solicitor; a person licensed by law to practice the profession of the law who thus practices. A lawyer need not appear in any court, advertise himself as a lawyer, or earn his living by the services he performs as a lawyer, if he occupies some of his time in doing the proper work of a lawyer which contributes to his support, to fall within the term as it is used in a statute exempting the library of a "lawyer" from execution. Equitable Life Assur. Soc. v Goode, 101 Iowa 160, 70 NW 113. See attorney; Common Lawyer; crown lawyer; practicing lawyer. COMMON LAWYER: A lawyer who is learned in the common law. PRACTICE OF LAW: Rendering the services peculiar to the profession. The work of an attorney at law in the preparation of pleadings and other papers incident to actions and special proceedings, the management of such actions and proceedings on behalf of clients before judges and courts, the preparation of legal instruments of all kinds, and, in general, advising clients and taking action for them in matters connected with law. 7 Am J2d Attys § 1. Inclusive of counseling as well as trial work. 30A Am J Rev ed Judges § 11. The giving of such advice or the rendition of such service as requires the use of any degree of legal knowledge or skill. Anno: 111 ALR 23. Not a business open to all, since it is limited to qualified individuals. Re Co- operative Law. Co. 198 NY 479, 92 NE 15. PRACTICING LAWYER: A person who customarily and habitually holds himself out to the public as a lawyer and who demands compensation for his services rendered as such. State v Bryan, 98 NC 644, 647, 4 SE 522. A Retired lawyer who conducts but one suit in court for a friend or neighbor, without fee or reward, is NOT a "practicing lawyer." McCargo v State (Miss) 1 So 161. RETIRE: To terminate employment and acquire a status of retirement, receiving retirement benefits. To sever relations with a business and acquire a status of retirement. To withdraw negotiable paper from circulation. To take up or pay an obligation voluntarily. "A man as sanguine as Micawber might describe his bankruptcy as a retirement of his obligations, but a merchant seeking credit who spoke in such euphemisms might find himself in trouble later. Where creditors receive a petty dividend on the collapse of their debtor, their claims may be extinguished but are hardly retired." Thomson v Commissioner (CA2 NY) 108 F2d 642. SANGUINEM EMERE: To buy one's blood-a redemption or purchase by a villein of his blood or tenure that he might become a Freeman. MICAWBER: one who is poor but lives in optimistic expectation of better fortune. “Noun” a person who idles and trusts to fortune. EUPHEMISMS: the substitution of an agreeable or inoffensive expression for one that may offend or suggest something unpleasant; also the expression so substituted. NON: Not; no; by no means.
Page 11 of 12 OFFICIAL TRUSTEE: An official trustee in bankruptcy under a former practice, now prohibited, of recognizing a particular corporation in the federal district as entitled to appointment as trustee in bankruptcy in all cases arising in the district requiring a trustee. 9 Am J2d Bankr § 621. TRUSTEE IN BANKRUPTCY: One to whom the administration of a bankrupt estate is delegated and confided. 9 Am J2d Bankr § 621. The Bankruptcy Act specifies either ONE or three trustees for a bankrupt estate, and there is nothing in the Bankruptcy Act or the General Orders which supports the appointment of two or more than three trustees for an estate. Whenever three trustees have been appointed, the concurrence of at least two of them is necessary to the validity of their acts concerning the administration of the estate. 9 Am J2d Bankr § 623. TRUSTEE: That person in a trust relationship who holds the legal title to the property subject to the trust, for the benefit of the beneficiary or cestui que trust, with certain powers and subject to certain duties imposed by the terms of the trust, principles of equity, or statutory provision. 54 Am J1st Trusts § 112. The person to whom PROPERTY is conveyed by a deed of trust given by way of security. The title of some public officers, such as township trustees and members of the board of a state, county, or municipal college or university. 15 Am J2d Colleges § 11. Every man to whom a business is entrusted by another has a trust to perform; and every man is a trustee who is to advise concerning, or to operate, the business of another. Quinn v Thipps, 93 Fla 805, 113 So 419, 54 ALR 1173. DEED OF TRUST. A CONVEYANCE creating a TRUST in real estate; a conveyance given as security for the performance of an obligation, which is generally regarded as containing the elements of a valid mortgage. 36 Am J1st Mtg § 16. A species of deed which is in the nature of a mortgage and is a conveyance in trust for the purpose of securing a debt, subject to a DEFEASANCE. It differs from an assignment for creditors, which is more than a security for the payment of debts, being an absolute appropriation of money for their payment. Union Nat. Bank v Bank of Kansas City, 136 US 223, 232, 34 L Ed 341, 344, 10 S Ct 1013. The difference between a deed of trust and a mortgage is essentially one of form, the former being executed in favor of a disinterested third person as trustee, while the latter is executed directly to the creditor to be secured. DEFEASANCE: The clause of a mortgage intended to define the terms and conditions upon which the mortgage shall be satisfied, cease to be security for a debt, and become void. First Nat. Bank v Bain, 237 Ala 580, 188 So 64. More generally defined as a clause in a deed, lease, or other written instrument the legal effect of which is to defeat, cancel, or annul the instrument in whole or in part and thus wholly or partly to release the partied from obligations arising under it upon the happening or not happening of a condition subsequent. Escambia Land & Mfg. Co. v Ferry Pass Inspectors & Shippers Asso. 59 Fla 239, 52 So 715.
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