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An Action Is Not Given To One Who Is Not Injured

The Alien Registration Act of 1940, usually called the Smith Act because the anti sedition section was authored by Representative Howard W. Smith of Virginia, was adopted at 54 Statutes at Large 670-671 (1940). The Act has been amended several times and can now be found at 18 U.S. Code § 2385 (2000). § 2385. Advocating Overthrow of Government. Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof-- Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction. If two or more persons conspire to commit any offense named in this section, each shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction. As used in this section, the terms "organizes" and "organize", with respect to any society, group, or assembly of persons, include the recruiting of new members, the forming of new units, and the regrouping or expansion of existing clubs, classes, and other units of such society, group, or assembly of persons. Officers and employees acting as agents of foreign principal 18 USC § 219: (a)Whoever, being a public official, is or acts as an agent of a foreign principal required to register under the Foreign Agents Registration Act of 1938, as amended, shall be fined under this title or imprisoned for not more than two years, or both. (b)Nothing in this section shall apply to the employment of any agent of a foreign principal as a special Government employee in any case in which the head of the employing agency certifies that such employment is required in the national interest. A copy of any certification under this paragraph shall be forwarded by the head of such agency to the Attorney General who shall cause the same to be filed with the registration statement and other documents filed by such agent, and made available for public inspection in accordance with section 6 of the Foreign Agents Registration Act of 1938 (22 USCS § 616], as amended. (c)For the purpose of this section "public official" means Member of Congress, Delegate, or Resident Commissioner, either before or after he has qualified, or an officer or employee or person acting for or on behalf of the United States, or any department, agency, or branch of Government thereof, including the District of Columbia, in any official function, under or by authority of any such department, agency, or branch of Government. (Added July 4, 1966, P. L. 89-486, § 8(b), 80 Stat. 249; Oct. 12, 1984, P. L. 98473, Title II, Ch XI, Part J, § 1116, 98 Stat. 2149; Nov. 10, 1986, P. L. 99-646, § 30, 100 Stat. 3598; Nov. 29, 1990, P. L. 101-647, Title XXXV, § 3511, 104 Stat. 4922.) In January, 1810, Sena

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90% found this document useful (10 votes)
3K views4 pages

An Action Is Not Given To One Who Is Not Injured

The Alien Registration Act of 1940, usually called the Smith Act because the anti sedition section was authored by Representative Howard W. Smith of Virginia, was adopted at 54 Statutes at Large 670-671 (1940). The Act has been amended several times and can now be found at 18 U.S. Code § 2385 (2000). § 2385. Advocating Overthrow of Government. Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof-- Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction. If two or more persons conspire to commit any offense named in this section, each shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction. As used in this section, the terms "organizes" and "organize", with respect to any society, group, or assembly of persons, include the recruiting of new members, the forming of new units, and the regrouping or expansion of existing clubs, classes, and other units of such society, group, or assembly of persons. Officers and employees acting as agents of foreign principal 18 USC § 219: (a)Whoever, being a public official, is or acts as an agent of a foreign principal required to register under the Foreign Agents Registration Act of 1938, as amended, shall be fined under this title or imprisoned for not more than two years, or both. (b)Nothing in this section shall apply to the employment of any agent of a foreign principal as a special Government employee in any case in which the head of the employing agency certifies that such employment is required in the national interest. A copy of any certification under this paragraph shall be forwarded by the head of such agency to the Attorney General who shall cause the same to be filed with the registration statement and other documents filed by such agent, and made available for public inspection in accordance with section 6 of the Foreign Agents Registration Act of 1938 (22 USCS § 616], as amended. (c)For the purpose of this section "public official" means Member of Congress, Delegate, or Resident Commissioner, either before or after he has qualified, or an officer or employee or person acting for or on behalf of the United States, or any department, agency, or branch of Government thereof, including the District of Columbia, in any official function, under or by authority of any such department, agency, or branch of Government. (Added July 4, 1966, P. L. 89-486, § 8(b), 80 Stat. 249; Oct. 12, 1984, P. L. 98473, Title II, Ch XI, Part J, § 1116, 98 Stat. 2149; Nov. 10, 1986, P. L. 99-646, § 30, 100 Stat. 3598; Nov. 29, 1990, P. L. 101-647, Title XXXV, § 3511, 104 Stat. 4922.) In January, 1810, Sena

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An Action Is Not Given To One Who Is Not Injured

Actio non datur non damnificato defined: An action is not given to one
who is not injured. Blacks Law Dictionary Sixth Edition (page 31)
No government, state body politic, or any party in commerce can state a
claim upon which relief can be granted. All standing in law is based on
the Right of Interest held to state and enforce a claim.

It is not possible to arrest people for statutory offenses (codes, by-
laws) under the common law. The U.S. Corporation is operating under
admiralty/maritime law when they arrest 'persons' for statutory
offenses. This is considered an 'in rem' action against a vessel (the
thing). All bankruptcy seizures are also considered 'in rem' actions.
Thus the title of the court case "In re Maxwell" means it is in rem.

Therefore, it is considered that bank foreclosures, traffic tickets and
other government arrests are only "notices of interest" or "notices of
lien" based on secret maritime liens that have no proof and are
rebuttable with a counterclaim.

Therefore a recorded maritime lien would be a valid counterclaim as an
affirmative action against those "notices of interest." Enforcement of
maritime liens is discussed in 28 USC 1602 through 1611, which is the
Foreign Sovereign Immunity Act. Since a "person" is defined as a
"foreign state" and owner of a vessel.
The United States (corporation) does not have any employees; because
there is no longer a United States, the UNITED STATES is CIVILITER
MORTUUS. No more re-organizations. After over 200 years of operating
under bankruptcy, it's finally over. (Executive Order 12803) Do not
personate one of the creditors or shareholders or you will go to
Prison.18 U.S.C. 914
CIVILITER MORTUUS. Civilly dead; one who is considered as if he were
naturally dead, so far as his rights are concerned. A Law Dictionary Adapted
To The Constitution And Laws Of The United States Of America And Of The Several States Of
The American Union by: John Bouvier Revised Sixth Edition, 1856
DEAD defined: Something, which has no life; figuratively, something of
no value.
U.S. Supreme Court
EX PARTE GARLAND, 71 U.S. 333 (1866)
71 U.S. 333 (Wall.)
EX PARTE GARLAND.
December Term, 1866
[71 U.S. 333, 334] ON the 2d of July, 1862, Congress, by 'An act to
prescribe an oath of office, and for other purposes,'1 enacted:
1
http://caselaw.lp.findlaw.com/scripts/getcase.pl?
court=US&vol=71&invol=333
CIVIL OFFICER defined: By this term are included all officers of the
United States who hold their appointments under the national government,
whether their duties are executive or judicial, in the highest or the
lowest departments; of the government, with the exception of officers of
the army and navy.
http://www.law.cornell.edu/uscode/text/18/914
Creditors of the united states
http://www.presidency.ucsb.edu/ws/?pid=23625
Executive Order 12803 - Infrastructure Privatization April 30, 1992
CORPORATION defined: Mr. Kyd, (Corpor. vol. 1, p. 13,) defines a
corporation as follows: "A corporation, or body politic, or body
incorporate, is a collection of many; individuals united in one body,
under a special denomination, having perpetual succession under an
artificial form, and vested by the policy of the law, with a capacity of
acting in several respects as an individual, particularly of taking and
granting property, contracting obligations, and of suing and being sued;
of enjoying privileges and immunities in common, and of exercising a
variety of political rights, more or less extensive, according to the
design of its institution, or the powers conferred upon it, either at
the time of its creation, or at any subsequent period of its existence."
In the case of Dartmouth College against Woodward, 4 Wheat. Rep. 626,
Chief Justice Marshall describes a corporation to be "an artificial
being, invisible, intangible, and existing only in contemplation of law.
Being the mere creature of law," continues the judge, "it possesses only
those properties which the charter of its creation confers upon it,
either expressly or as incidental to its very existence. These are
such as are supposed best calculated to effect the object for which it
was created. Among the most important are immortality, and if the
expression may be allowed, individuality properties by which a perpetual
succession of many persons are considered, as the same, and may act as
the single individual, They enable a corporation to manage its own
affairs, and to hold property without the perplexing intricacies, the
hazardous and endless necessity of perpetual conveyance for the purpose
of transmitting it from hand to hand. It is chiefly for the purpose of
clothing bodies of men, in succession, with these qualities and
capacities, that corporations were invented, and are in use." See 2 Bl.
Corn. 37. Nations or states are denominated by publicists, bodies
politic, and are said to have their affairs and interests, and to
deliberate and resolve, in common. They thus become as moral persons,
having an understanding and will peculiar to themselves, and are
susceptible of obligations and laws. Vattel, 49. In this extensive sense
the United States may be termed a corporation; and so may each state
singly. Per Iredell, J. 3 Dall. 447. 7. Private corporations. In the
popular meaning of the term, nearly every corporation is public,
inasmuch as they are created for the public benefit; but if the whole
interest does not belong to the government, or if the corporation is not
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created for the administration of political or municipal power, the
corporation is private. A bank, for instance, may be created by the
government for its own uses; but if the stock is owned by private
persons, it is a private corporation, although it is created by the
government, and its operations partake of a private nature. 9 Wheat. R.
907. The rule is the same in the case of canal, bridge, turnpike,
insurance companies, and the like. Charitable or literary corporations,
founded by private benefaction, are in point of law private
corporations, though dedicated to public charity, or for the general
promotion of learning. Ang. & Ames on Corp. 22. A Law Dictionary Adapted To
The Constitution And Laws Of The United States Of America And Of The Several States Of The
American Union by: John Bouvier Revised Sixth Edition, 1856
"Do not go into a court proclaiming anything, simply file a CLAIM and
your claim will always supersede any corporation criminal COMPLAINT.
Your claim must be heard BEFORE the corporation can proceed with any
complaint. Some prosecuting attorney brings forth a criminal complaint
against you corporations (independent contractors) cannot file claims a
corporation is not a man. Corporations and their agents can ONLY file
notices of interest hoping that the woman/man agree to go along as
defendant in THEIR case against you. If you go along, they'll treat
their notice of interest (criminal complaint) as an actual CLAIM and
the STATE as the injured party? Only a woman/man can file a verifiable
CLAIM against another woman/man, if you have not harmed another
woman/man or her or his property, no crime has been committed.
Therefore, the prosecuting attorney who's charging you with a criminal
complaint for possession of marijuana is ultimately bringing forth a
false claim (claim upon with relief can not be granted) because
possession of marijuana did not harm him or violate his personal
property, or rights? Therefore, file a counter-claim against him for
bringing forth a false claim (claim upon which relief cannot be granted)
against you, and your claim will supersede his COMPLAINT. As women and
men on American soil who utilize the common law, do NOT answer
complaints, as they are toothless pieces of paper that have no force or
effect in actual law. They are just notices of interest.
In order for a claim to move forward, there MUST be a corpus delicti
that will take the stand (first-hand-knowledge), point at you and say,
"Thats the man that injured me or violated my rights" and I wish to be
compensated. Which you would have the right to question (examine) first
(not cross examine).
FIRSTHAND KNOWLEDGE defined: Information or knowledge gleaned directly
from its source; e.g. eyewitness to a homicide. A lay witness may not
testify to a matter unless evidence is introduced sufficient to support
a finding that he has personal knowledge of the matter. Federal Rules
Evid. 602. If testimony purports to be based on observed facts but is in
fact mere repetition of the statement of another, the proper objection
is lack of first-hand knowledge. Compare Hearsay. Blacks Law Dictionary
Sixth Edition (page 635)
Neither the For Profit government "federal corporation" nor the
[foreign] statute merchant/agent/agency/officers/employees have access
to sovereign immunity. As a member of a corporation, a government never
3
exercises its sovereignty. It acts merely as a corporator, and exercises
no other power in the management of the affairs of the corporation, than
are expressly given by the incorporating act (By-Laws). Suits brought by
or against the corporation are not understood to be brought by or
against the United States. The government, by becoming a corporator,
lays down its sovereignty, so far as respects the transaction of the
corporation, and exercises no power or privilege which is not derived
from the charter.); U.S. v. Georgia-Pacific Co., 421 F.2d 92, 101 (9th
Cir. 1970) (Government may also be bound by the doctrine of equitable
estoppel if acting in proprietary [for profit nature] rather than
sovereign capacity); the Savings to Suitor Clause is also available
for addressing mercantile and admiralty matters aka civil process at
the common law and within a state court.
Whereas defined pursuant to: Title 8 USC 1481 stated once an oath of
office is taken citizenship is relinquished, thus they become a foreign
entity, agency, or state. That means every public office is a foreign
state, including all political subdivisions. (i.e. every single court
and that courts personnel is considered a separate foreign entity)
Title of Nobility Amendment: "If any citizen of the United States
shall accept, claim, receive, or retain any title of nobility or honour,
or shall without the consent of Congress, accept and retain any present,
pension, office, or emolument of any kind whatever, from any Emperor,
King, Prince, or foreign Power, such person shall cease to be a citizen
of the United States, and shall be incapable of holding any office of
trust or profit under them, or either of them."
BY-LAWS defined: Rules and ordinances made by a corporation for its own
government. 2. The power to make by-laws is usually conferred by express terms
of the charter creating the corporation, though, when not expressly granted, it
is given by implication, and it is incident to the very existence of a
corporation. When there is an express grant, limited to certain cases and for
certain purposes, the corporate power of legislation is confined to the objects
specified, all others being excluded by implication. 2 Kyd on Corp. 102; 2 P.
Wms. 207; Ang. on Corp. 177. The power of making by-laws, is to be exercised by
those persons in whom it is vested by the charter; but if that instrument is
silent on that subject, it resides in the members of the corporation at large.
Harris & Gill's R. 324; 4 Burr. 2515, 2521; 6 Bro. P. C. 519. 3. The
constitution of the United States, and acts of congress made in conformity to it
the constitution of the state in which a corporation is located, and acts of the
legislature, constitutionally made, together with the common-law as there
accepted, are of superior force to any by-law; and such by-law, when contrary to
either of them, is therefore void, whether the charter authorizes the making of
such by-law or not; because no legislature can grant power larger than they
themselves possess. 7 Cowen's R. 585; Id. 604 5 Cowen's R. 538. Vide, generally,
Aug. on Corp. ch. 9; Willc. on Corp. ch. 2, s. 3; Bac. Ab. h. t.; 4 Vin. Ab. 301
Dane's Ab. Index, h. t., Com. Dig. h. t.; and Id. vol. viii. h. t. A Law
Dictionary Adapted To The Constitution And Laws Of The United States Of America And Of The
Several States Of The American Union by: John Bouvier Revised Sixth Edition, 1856

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