Guest Speakers and Call Contributors Info

Void where prohibited by law

Info from Hailstone Episode 196 January 10, 2013

I just got the Calif. General Revenue Act 1857 as amended 1859 about

sixteen pages or so. Thanks to Russ for his credit card!!!

Remember we were talking about this... I think it will be well

worth your peoples time if they have any extra to read this and find their

states equivalent.

The 1857 Calif. General Revenue Act authorized a excise tax stamp on

notes or negotiable instruments.,

The 1857 General Revenue Act as Amended 1859 is where they created

property tax of all kinds owned by corporations… the State by this Act

started collecting property tax on FICTIONS, person, corporations,

company's, property of all kinds furniture animals property and owned

land and instruments....

The 1857 Act is on the first page of the act, the stamp tax… its

required on negotiable instruments, it is a stamp tax on paper and

look at the date its pre 14 amendment...

person!!! NOT Natural persons or their property!!!!

We have to remember this as we read this, and look at those little

side notes!!!!

Some may think this is not current law but the on line manual for the

California Board of Equalization states in one of its first paragraphs

In its current online manual that it derives its authority from the

1857 as amended 1859 Calif. General Revenue Act...and I’ve seen it

quoted in other places as well.

And I have that case Site from that 1920 Calif Code book that

mentions... People v Mcreery, that stated property tax as related to

private property is not constitutional and then sites the Calif 1857

as amended in 1859 General Revenue Act.

As you will in the 1859 Amendment they applied the tax on the backs of

the corporate

interest...and negotiable paper, the stamp tax on paper instruments...

Of special interest, see the first page bottom on the 1857 Act… Attorney License

tax....I’m sure you will find the same application in your state...

Why did your fiduciary trustee real estate agent/broker Title

Company, Real Estate Attorney fail to properly transfer the land with

a proper Acceptance and Acknowledgment in the original deed and never

accepted the patent or land grant...this is why the county applied

property tax because they assumed because of the omitted A & A on the

Deed that you

were registering corporate owned property...and also left it open so

the bank could steal the real estate.

The Acceptence and Acknowledgement for Deeds for corporations and

private people are diffrent.

Now also you may need to look at all your mortgage paper work to see

if in fact they did not pay this Excise Tax... it may be in certain

cases they included the tax in all the fees associated in the

transaction.

I think people need to think about making a affidavit of status, this

shows that you are a real live Natural person man, not a corporation

fiction subject to taxation, with an acceptance and acknowledgement of

the patent/land grant and a acceptance and acknowledgement Grant

Deed Allodial Title Free of Fee.

The Excise Tax is only if you bought the land by a negotiable

instrument, a note.

The trustees failed to inform you that you were reasonable for this

Stamp Tax, surely the montage instrument stated you were responsible

for the taxes, but did they mention this excise tax.?

Now plan on a little trouble at the County Recorders Offices, be kind,

be polite they are not going to want everyone to correct the title...

they stand to lose all the revenue on all this private property Tax

they have been getting for a very long time.

Why this fella Paul in the Washington State just by paying the excise

tax did his lender remove the lien? He stated it was about two weeks

after paying the excise tax that he recived two letters from his

lender romoving the liens... and I assume he was able to record a new

deed as that was what started his quest at the county clerk/recorders

office.

What do you think?

Ben

California 1857 General Revenue Act with 1859 amendment pdf

Reference Desk

Sacramento County Public Law Library

609 9th Street, Sacramento, CA 95814

916.874.6012

Hours of Operation

8am - 8pm Monday - Thursday

8am - 5pm Friday

9am - 4pm Saturday

www.saclaw.org

Hailstone

Federal court ProSe handbook from UNITED STATES DISTRICT COURT NORTHERN DISTRICT CALIFORNIA link

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Hailstone on Talkshoe Episode 196 January 10, 2013 | Episode 200 February 7, 2013 | Episode 201 February 14, 2013

From Readers Digest March 2013

openculture.com

This site, which was founded in 2006 by the director of Stanfords's

Continuing Studies Program, Brings together "high-quality cultural and Educational media" for lifelong learners. It features about 500

movies, 375 e-books, 475 audio texts, and 575 online courses-

ALL FREE.

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The books and info as mentioned tonight Feb 7, 2013, on your Talkshoe

The 1920 Court Case about Property Tax in Calif....

came from;

Kerr's code's of California 1920 Political Code ( now called the

Calif. Government code) TAXATION-EXEMPTION-FRANCHISE Page 1247 sec 91

Same- EXEMPTION of Private Property-Under General Revenue Act of 1857

as amended in 1859 (Stats 1859, p.343), so far as it includes private

property is in violation of constitution-People V McCeery, 34 Cal.

432,457

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The 1857 as California General Revenue Act as Amended in 1859

This is the Act that created the Excise tax on Negotiable

Instruments. its a stamp tax for the privilege of using a Fiction note

to purchase anything. in 1857

The Amended Act in 1859 is what Created property Tax on CORPORATIONS

property of all kinds including land, real estate,furnishing machinery

vessels such as boats ECT...NOT PEOPLE this is also the act that

required the corporation to make a declaration to the County Treasury

Office of ALL Property Owned by the Corporation by a certain date each

year Feb 30?

you already have this link.

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Introduction to the Law of Real Property

Cornelius J Moynihan 1962

An Historical Background of the Common Law of Real Property and its

Modern Application

This book along with Blackstone commentaries describes the Evolution

of land transfers, in England, Pre Norman invasion of England and post

invasion of England to today in America.

Livery of Seisen which loosely means Delivery of Possession, it was

the act of transfer of land by DEED, prior to being memorialized on

paper as done today.

Summary of Contents

1. The BackGround

2. Freehold Estates

3. Non Freehold Estates

4. Seisin and Its Significance

5. Common Law Types of Future Interests

6. The Rule in Shelly’s Case

7. Common Law Methods of Conveyancing

8. Uses and the law of Statutes

9. The Effects of the Statutes of Uses

10 Concurrent Ownership

Table of cases

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Rosenstock's

Section 1983 Civil Rights Digest

USC. Title 42 sec. 1983 civil rights violations under color of law

Table of Contents

Rosenstock's Section 1983 Civil Rights Digest...Hundreds of case sites

617 p.

If you may be considering a USC Title 42 1983 civil rights lawsuit.

You may want to take a look at this Digest...Rosenstock's Section

1983 Civil Rights Digest...Hundreds of case sites by James Publishing

Its not just 14 Amendment...

My 1997 version has 617 pages of instruction by court cases site example,

This book has chapters among others...

Nature of Actions, Actions Under Color of State Law.

First Amendment,

Petition of Redress of Grievances,

Fourth Amendment,

Seizure of Person,

Excessive Force,

Seizure of Property,

Malicious Prosecution,

Procedural Due Process,

Substantive Due Process

Equal Protection,

Eighth Amendment,

Attorneys,

Defenses,

Eleventh Amendment

Discovery,

Summary Judgments

Remedies,

Rosenstock's section 1983 Civil Rights Digest...Hundreds of case sites

Introduction,

This digest identifies key United States Supreme Court and Circuit Court

cases in critical areas of 42 U.S.C. Section 1983 Litigation.

Covering the time period from 1983 through October 1997, (The date of

my Book 1998, they have updated as shown below) the digest

concentrates on the major areas of constitutional claims brought

pursuant to section 1983, with an emphasis on state actions, First

Amendment claims, fourth Amendment claims, procedural and substantive

due process claims, equal protection claims, supervisory liability,

and available defense.

The key note system is extensive in order to better assist the

practitioner in the developing area of the law. Section 1983 is the

most powerful litigation tool available to remedy Constitutional

claims; therefore, because of the complexity of section 1983 claims

and the number of circuit cases on this one statute, this digest dose

not contain sections on other federal civil rights statutes

Google search, Rosenstock's section 1983 Civil Rights Digest

Rosenstock's Section 1983 Civil Rights Digestwww.jamespublishing.com ›

Books › Employment Law Books Cached - Similar

You +1'd this publicly. Undo

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The Adminstrative Procedure Act is within Calif. Government Code

section 11500 et seq

Call or Email your Office of Adminstrative Adjudication for your free

Adminstrative Procedure handbook. They are located at your State

Capitol.

I like the older version 1987 for Calif. as the language is more

clear. This is not an internal Adminstrative hearing office...

In some States its Called Office of Adminstrative Hearings... OAH.

This is the State Version of The Adminstrative Procedure Act.

Handbook... If you accepted any citation form a State Government Agent

This is where you start with a notice of defense within 10 or 15 days

check your rules...If you do not set up this hearing you wave the

right to face the so called Contract that you have violated and cited

by a government Agent...The Feds and County have the same procedure.

This will also teach you that you were never under contract to perform

a duty to a state agency...so that you can learn how to deal with a

Rouge Government Agent.

The Government Agents have only been taught to ID conduct, get your

name and trick you into signing a Citation...then because you have

never contracted with Government before you never knew you were

supposed to exhaust your Adminstrative remedies through The Office of

Adminstrative Adjudacation...this is how they tricked you into their

Contract Court...This is why that Judge says you cannot bring up the

constitution because its a contract court and you did not Force the

Adminstrative Hearing, and force the agent to produce the Contract you

signed into Knowingly Intentionally and Voluntarily with a

consideration to perform a duty with full disclosure of all elements

of the Contract...If at the Adminstrative Hearing that Agent dose not

produce the original contract( that never existed) you have the right

to a judicial Review writ of mandamus...the only question is " WHERE

IS THE CONTRACT THAT I SIGNED KNOWINGLY INTENTIONALY AND VOLUNTEARLY

to which I received a consideration to perform a duty to your agency

that you have cited me for violating...It never existed this is the

sham! this is the catch 22 you have been in...

No 4th Article of Amendment of The US Constitution Warrant,

No Valid Verified Complaint from a real party of interest with a

Affidavit under Oath and affirmation in support, No proper Warrant

with a Affidavit under Oath and affirmation in support...No witness of

a Public Offence harming person or property...No valid Terry Stop

where the Cop witnessed the potential to harm or rob somebody or

business...NO VALID STOP PERIOD..A Blatent Due Process Violation!!

The Court lacks Subject Matter Jurisdiction. Not that they would not

have subject matter jurisdiction over these types of actions... But

because of No Valid Verified Complaint from a real party of interest

with a Affidavit under Oath and Affirmation in support, No proper

Warrant from a real party of interest with a Affidavit under Oath and

affirmation in support...No witness of a Public Offence harming person

or property...No valid Terry Stop where the Cop witnessed the

potential to harm or rob somebody or business the Prosecutor or court

dose not have subject matter Jurisdiction in this action, A Blatent

Due Process Violation!!...all other arguements are a moot point...They

have Violated the restrictions placed on the Agent and his Oath... Now

you can sue him for any or all the below...

A Direct Claim for Damages on his Bond...His bond not the county or

state. The fiction state or county could not violate your rights, But

The Man that took that position in Government that stepped outside his

lawful authority by and under his oath of office violated you and his

oath because he didn’t have lawful cause, a valid Complaint with a

Verified affidavit from the real party of interest a valid warrant

with a affidavit under oath or affirmation and No contract you signed

to perform a duty to his agency.

He violated your rights under color of lawful Authority..

or A suit for Breach of Fiduciary Duty as per Howard Griswold

Same issues as above...

or a

Title 42 section 1983 Civil Rights Violations Under Color of Law Color

of Lawful Authority

Same issues as above...Plus you get to depose The Agent and a

statements of issues questionnaire...You will use all the statements

against him because he was trained to violate You for revenue...they

can just replace this stooge with another...

Now I know some people dont want to admit to a 14th amendment

citizenship...However you signed all those contracts/contacts with

Government admitting you were a US Citizen residing in the state...Why

not take advantage of that fact and use this remedy? to hammer an out

of control Government agency/agent that violated your rights under

color of lawfull authority...

We really need to included or start to Notice the Commissioner or

Directors of these agency put them on notice, under the principle of

responde superior they are ultimately reasonable for there

subordinates training and deliberate miss training for revenue

generating purposes.

at the very least let these agents they have a claim against the

agency for miss training him and causing this liability on him and

causing him to loose his job and subject them to these types of Law

Suits.

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Book

How to sue Judges $ 200.00

I dont recall the Auther

as per Robert Scheafer aka William Clark

This book really shows all the issues that dont work to sue Judges

However it does cover the one issue that a Judge loses His Immunity and thats

lack of Subject Matter Jurisdiction which is a blatent Due Process

Violation...when Brought to his attention that the action lacks

Subject Matter jurisdiction in relation to the charges at hand, Not

that the Court may have Jurisdiction over these types of action... But

Because of No Verified Complaint with supporting Affidavit Under Oath

or Affirmation by a Real Party of Interest.

No 4th Article of Amendment Warrant supported by Verfied Affidavit

under Oath or Affirmation. It becomes A Blatent Due Process

Violation!!!

The case law to support this includes that the Judge should have

dismissed on his own initiative, Sua Sponte,

Blacks law 4th

Sua Sponte Lat. Of his or its own will or motion; voluntarily;

without prompting or suggestion.

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The Constitution for the United States of America Analysis and Interpretation.

Is a book printed by the Government Printing Office and given to all

members of the House and Senate.

This book teaches members of the House and Senate they wear two hats,

when they are creating legislation for the DC, Guam, Porto Rico. or

when the Constutitional alows for the regulations of their property

within the state boundry like Forts, Arsenal, and Dock Yards and other

needful buildings. or for International, or Interstate Commerce.

Very large book comes in two forms one with Case Law within the text

or with footnotes to support..

Bill Thornton suggest to get a older version...Bookfinder.com

This is the book that mentions a Fourteenth Amendment Citizen is NOT

entitled to the Second Amendant...Check out Bill Thornton 1215.org he

has a chart compiled from this book of the rights granted or not

granted to a Fourteenth Amendment Citizen.

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This came from MJA as a further study of the Primer on Eminent Domain

and the email titled County Code has no effect on the People...

I dont know if you want to post but this info, However it would

impower people of their property rights if they would read it.

It dose go along with what we spoke about on your call.

FYI follow up on your email that was forwarded to me. Excellent work.

See attachments from my research on the "City of Boise City" - a mere

corporation registered with the Idaho Secretary of State. It's not

Boise. Not Boise City. Not City of Boise. It's the "City of Boise

City." Sounds dumb which is one reason why they don't use their

official name. The other reason is that it would reveal the corporate

fraud on the people if we were to analyze the official corporate name.

To wit:

The Idaho Constitution was adopted "at Boise City." Boise City is the

real, lawful, de jure "City." By using the "term" "City" twice in the

official registered corporate name, it is either redundant and

therefore an unnecessary repetition, OR, each term "City" in the name

"City of Boise City" has a different meaning which must be the case.

The first term "City of" means "Corporation of." The City of Boise

City means the "Corporation" of Boise City.

I attended my son's graduation ceremony at the University of Puget

Sound, and the speaker said that "in 1905, Puget Sound University was

reincorporated as the University of Puget Sound." Bingo! The light

went on. Any time you see something that proceeds the term "of" it

means "corporation!" e.g., State OF Idaho instead of Idaho state.

County OF Ada. United States OF America. And on it goes.

I have many more corporate listings from Selectory.com which is (was

-- D & B now uses Hoovers) a division of Dun and Bradstreet, that

indicate the DUNS business number for the entities and that say

"OWNERSHIP - PRIVATE."

Also see my attachment on the IDAHO INFERIOR LEGISLATIVE COURTS

ANALYSIS. There are NO judicial courts in Idaho. They are

legislative courts, created by the legislature!

Also attached the state of Idaho organizational chart. We, the

people, the Citizens of Idaho are at the top of the chart. We are the

bosses and we need to start acting like it.

I.C. 67-2340. -- The people of the state of Idaho in creating the

instruments of government that serve them, do not yield their

sovereignty to the agencies so created.

Feel free to return mail or contact me.

I remain, yours,

Pro Libertate Patriae,

"For the Liberty of My Country"

Michael James Anthony

"History interposes with evidence that tyranny and wrong lead

inevitably to decay; that freedom and right, however hard may be the

struggle, always prove resistless."

--George Bancroft, Statesman and Historian (1800-1891)

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Starve the Beast into submission!!!

I also have a book link to a book I have from 1914, Common Law Pleading, Cases on Procedure, Annotated.

I've been talking to some people about this excellent book! I emailed a link to Bill Thornton and asked him also the following question...

I think possibly, the problem we have been having, is that we have been demanding a Common Law Court of Record in the Wrong Form of

pleadings...Yes the Courts were combined Law and Equity however the

two are like night and day apart.

So, in FORM, we have still been using Equity Civil Legislative

Pleadings, Demanding Common Law Court of Record. When in Common Law you only use in FORM of Pleadings, "Declarations" and depending on the classifaction of the action, the injury, determinded what Form of action filed. such as Tresspass, Case, etc. And then all the proper elements required in a proper Common Law Pleading Declaration, the Elements/Substance of the claim, such as, date, injury, whos involved, where the injury took place, the damages sustained, the restutition. The whole Common Law Action is in the Declaration.

So when we plead and demand a Common Law Court Of Record... we must use the proper FORM of pleadings and the proper SUBSTANCE..."the elements" of a proper pleading by Declaration. I think that the problem is that we have been demanding Common Law Court of Record Claims in Equity Civil Legislative in FORM Pleadings which make them "unintellagable" to the Equity Legislative Court, and they proceed in Equity Civil Legislative Law in FORM and not Common Law Court of Record. as Demanded and promised in the Constitutions to the People

Of course the Attorney are Statute Merchants, so they need us to stay

in the equity civil legislative form and substance of pleading side as

they would have no Statutes/Bonds to sell !

I've brought this issue up and sent the link to the book to several

people that do pleadings... and they are very intrigued. I think you may want to post the link to this book. look at the Table of Contents, its spilt into the Forms of Common Law Actions and then Chapter 4 is the Elements Required in the Declarations. Very Interesting. and all shown by example, case law up to 1914

Thank you for your time, energy, the web site, talkshoe call and all you do.

Ben

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Here is a Trinity County Risk Managment form in PDF...( Thanks to FM) This form is for seeking damages against the county employee for violations of rights under color of law, color of lawful authority. if you have no contract, no duty to perform or owed to that county agency or are not in the capicity of a employee of government at the time of

the so called violations, you may consider a complaint for damages on

the offending agent...You will need to find your County Risk Managment

Office...Ours is in the Trinity County Calif. Court House.. and

request Claim for damages forms.

Our risk managent office is handing the forms out like candy...one

fella picked up 12 forms at once.

Its just Bond/Insurance claim form, you are making a claim for

damages for that agent stepping out side his limited authority under

color of law in his official capacity and violating you with no

contract violation or an injured party.

This is why the Agent or the office have to be bonded, because they

are in a limited capacity of holding that office or position in an

agency of government and cannot step outside that limited authority.

It is suggested to included a proper Verified under Notoary Oath and

seal Affidavit of any statutory violations under color of lawful

authority you can Identify and how they violated you briefly. Attach

this to the completed complaint form and hand to risk managment for

processing.

Keep it simple, just the facts, here are the stautes they violated and

how they violated them.

This form is for county employees violations only... you will need to

find the bonding company for State and/or Federal agents...is there an

office of risk managent at the State and Federal level? this needs

looking into...

However, at times, just explaning that you are private, that your

property is private, that the application of the law they are trying

to enforce on you is out side the scope of the authority granted by

the Act of the legislature... asking politly the County, State or

Federal Office holder for the information, such as his true full name,

home address, phone number and where his bond is held because he has

left you no choice but to file a complaint on his bond for violating

you under color of lawful authority and that you are trying to prevent

the agent from further injurying you, has been enough to shake the

agent up so bad as to them coming back and apologizing...and not

bother the people again!

You may also want to file an interagency complaint... if at the

county, state or Federal level, 3 interagency complaints may get him

fired or at least under control .

Also If you can Identify any State or Federal law violations that

occured by a county office or agent, contact the Office of Managment

Budget at the federal level...request to file a complaint with them as

the county agreed to NOT violate Federal or State Law in the agreement

to recive Federal grants...You may want to ask OMB if there is any

other agency at the federal level to file a complaint with.

This complaint may pull the federal funding to the county!!! Starve the Beast!!!

The beauty of these types of complaints is the "person" complained of

may lose his job and to get another Cushey Gooberment Job he will have

to fill out a questionair for the new bond for the new agency and may

not be approved, as he already has had claims for damages on his prior

Bonds...so he may never work in Government again...And the new agent

is sure to hear why the prior agent was let go!!!

Now the Agent may/could have a claim against his superior's for

damages for not properly training him to conduct his self properly in

the capicity he held, if that was the case and if he were to lose his

job!

Please be careful with these type of claims and learn to understand

them so as you can educate the agents. They are people, and have been

trained and condictioned to beleave what they are doing is correct...

get them in line so that you dont have to file claims against the

bonds...sometimes just an explanation that you are private, and not

subject to them, you have no duty to their agency, they have no

contract signed by you, you have recived no consideration to which you

owe an obligation or duty to that agency if that is the case, and

they did not witness you violate another... that they will leave you

no choice but to file a claim for damages on the bond, This may

straight'en them out if givin time to talk with a superior or

director/commisioner of their agency.

You could also tell them you could file a writ of mandamus for them to

produce the contract that subjected you to the agency...or a declatory

judgment of the application of the laws they are trying to enforce on

you...you could get a declatory judgement ahead of time and put the

agency on notice!

We want to fix this, not create enemies, Do we not?

Now this dose not preclude you from filing a Criminal, Civil, or a

Breach of Fiducary Duty suit...these are all seperate actions.

Thanks to many who contribute to these issues, especially Kurt Riggin,

Wish you well!

Ben

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