Active concealment'.

'Active concealment' can arise either: • by concealing a right of

action after it has arisen; or • from the manner in which the act which gives rise to the
fraudulent concealment is performed

ADHESION CONTRACT: A contract that is drafted unilaterally by the dominant party and then
present on a take it or leave it basis to the weaker party, who has no real opportunity to bargain
about its terms. Restatement Second, Conflict of Laws § 332a. Comment e.

Adverse Possession:

AUTHENTICATION. In the law of evidence. The act or mode of giving authority or legal
authenticity to a statute, record, or other written instrument, or a certified copy thereof, so as to
render it legally admissible in evidence. An attestation made by a proper officer by which he
certifies that a record is in due form of law, and that the person who certifies it is the officer
appointed so to do.

Abroad: Beyond the Seas. NOT SUBJECT TO MARITIME LAW. OUT OF ADMIRALTY
JURISDICTION. A FREE, NATURAL PERSON LIVES ABROAD!!

ALTERATION: A change of a thing from one form or state to another --that is, making a thing
different what it was, but without destroying its identity. 4 Am J2d Alt off Inst § 1.

ALTERATION OF INSTRUMENT: A change in the sense or language of the instrument affected

by an intentional act performed on the instrument by a party entitles to the instrument. in the
legal sense of the term "alteration of instrument" it does not include an act performed by a
stranger thereof. 4 Am J2d Alt of Inst § 1.

In order to constitute a forgery, an alteration must be such as to make the instrument speak a
language different in legal effect from that which it originally spoke, OR which carries with it
some change in the rights, interest, or obligations of the parties to the writing. 23 Am 12d 683
Forg § 16.

Artifice: A device USED to Defraud.

Banc: A Bank. A bench. A Full Court. A court full of filed property deeds a bank.

Bank. A Bank. A bench. A Full Court. A court full of filed property deeds a bank.
Bounty: A premium given. Compensation Paid

BIRTH - The act of being born or wholly brought into separate existence. DELIVERY. In
conveyancing. The final and absolute transfer of a deed, properly executed, to the grantee, or to
some person for his use, in such manner that it cannot be recalled by the grantor. In the law of
sales. The tradition or transfer of the possession of personal property from one person to
another. In medical jurisprudence. The act of a woman giving birth to her offspring. LIVERY. 1.
In English law. Delivery of possession of their lands to the king's tenants in capite or tenants by
knight's service. 2. A writ which may be sued out by a ward in chivalry, on reaching his majority,
to obtain delivery of the possession of his lands out of the hands of the guardian. DEED. A
sealed instrument, containing a contract or covenant, delivered by the party to be bound
thereby, and accepted by the party to whom the contract or covenant runs... In a more restricted
sense, a written agreement, signed, sealed, and delivered, by which one person conveys land,
tenements, or hereditaments to another. This is its ordinary modern meaning.

BONA FIDE: Acting in good faith. See good faith.

BONA FIDE HOLDER: See holder in due course.

GOOD FAITH: Fairness and equity. The antithesis of fraud and deceit. Acting in the absence of
circumstances placing a man of ordinary prudence on inquiry. Pennington County Bank v First
State Bank, 110 Minn 263, 125 NW 119 (accepting a forged check.) Acting with a sincere belief
that the accomplishment intended is not unlawful or harmful to another. Smith v State, 214 Ind
169, 13 NE2d 562 (a physician prescribing a narcotic drug.) Acting in the belief that a prudent
and sensible man would hold in the ordinary conduct of his own business affairs. Kelly v Fourth
of July Mining Co. 21 Mont 291, 53 P 959 (issuance of stock.) Absence of improper motive and
of a negligent disregard of the rights of others. Allen v Pioneer Press Co. 40 Minn 117, 41 NW
936 (rebutting malice in utterance or publication alleged to be defamatory.) Acting without
culpable negligence or a wilful disregard of the rights of others and in the honest and
reasonable belief that the act is rightful. Anno: 21 ALR2d 393 (a trespasser upon land taking
property therefrom.)

BONDED DEBT: An indebtedness secured by a bond issue; written obligations contracted for
corporate purposes pursuant to law and to be paid out of taxes to be levied upon all property
within the corporate boundaries. Bolton v Wharton, 163 SC 242, 161 SE 454, 86 ALR 1101.

BONDED WAREHOUSE: A building or part of a building, usually at a port of entry, designated

by the Secretary of the Treasury as a bonded warehouse for the storage of imported
merchandise entered for warehousing, for the manufacture of merchandise in bond, or for the
repacking, sorting, or cleaning of imported merchandise.
The owner or lessee of such premises is required to give bond in such sum and with such
sureties as may be approved by the Secretary of the Treasury, to secure the government
against loss or expense connected with or arising from the deposit, storage, or manipulation of
merchandise in such warehouse. 19 USC § 1555.

BONDHOLDER: A person who is the holder or owner of a government bond, mortgage bond,
debenture, or other investment bond.

BOND ISSUE: The entire process of executing and delivering the instruments, known as bonds,
and having the effect of obligations of indebtedness of the corporation or public body which
issues them, to the purchasers, holders, or owners, Vans Agnew v Ft. Myers Drainage Dist.
(CA5 Fla) 69 F2d 244; Turner v Roseberry Irrig Dist. 33 Idaho 746, 198 P 465; Joint School
Dist. v Dabney, 127 Okla 234, 260 P 486; the aggregate of bonds issued by a corporation or
public body under one authorization.

BONDMAN: A slave; a person bound to serve without pay; a bond-tenant.

BOND-TENANTS: Copyhold tenants; customary tenants. See bondman.

BLACK or DEAD" COMMUNISTIC TENURE: The tenure in which land is held by a religious or
other incorporated or unincorporated SOCIETY, where the members have surrendered to it their
property to be held in common for the benefit of all. See 45 Am Jlst Reli Soci § 52.

BLACKLIST: A generic term that may be defined as a list of persons marked out for special
avoidance on the part of those among whom the list is intended to circulate, but which, as the
term is now most generally understood, refers to the lists of discharged employees sent by the
discharging employer to other employers. 31 Am J Rev ed Lab § 83. and to the listing of names
with information transmitted by a union member or agent to others with the intention that the
result will be to prevent or terminate the employment of the workmen against whom the
information is directed, and to make it impossible for them to obtain other employment within the
jurisdiction of the union. Anno: 46 ALR2d 1125.

BLACKMAIL: A criminal offense as a form of extortion; usually extortion by threat of exposure

of a criminal offense by, or some conduct or act of, the victim which, if made public, will operate
to his disadvantage: occasionally applied to extortion by threat of violence to the victim or
members of his family. 31 Am J2d Extor § 18. Another meaning of the term is black rents.

BLACK RENTS: Rents, also called "reditus nigri" and "blackmail", payable in work, grain or
money baser than silver, as distinguished from white rent, which was payab!e in silver or white
money. See 2 Bt Conmm 42 .

BREACH OF PEACE: Such a violation of the public order as amounts to a disturbance of the
public tranquility,. by act or conduct either directly having this effect, or by inciting or tending to
incite such a disturbance of the public tranquility. 12 Am J2d Breach P § 4.
Capeas- Warrant for arrest” ( Oriented around Debt). CANT BE ISSUED UNLESS First was a
Praecipe, Judgement, and affidavit in the court clerks office.
If the Affidavit is Missing the State is LIABLE and ALL the parties involved are Liable for Civil
and Criminal Action.

COUNTER-DEED. A secret writing,either before a notary or under a private seal,which

destroys, invalidates, or alters a public one. TITLE... The word "title" certainly does not merely
signify the right which a person has to the possession of property; because there are many
instances in which a person may have the right to the possession of property, and at the same
time have no title to the same. In its ordinary legal acceptation, however, it generally seems to
imply a right of possession also. It therefore appears, on the whole, to signify the outward
evidence of the right, rather than the mere right itself. Thus, when it is said that the "most
imperfect degree of title consists in the mere naked possession or actual occupation of an
estate," it means that the mere circumstance of occupying the estate is the weakest species of
evidence of the occupier's right to such possession... (There is much more about title in the
Blacks Law dictionary)

COPYHOLD: See copyhold estate.

COPYHOLDER: A tenant who held his estate by copyhold; the holder of a copyhold estate; one
who reads manuscript to a proofreader.

COPYHOLD ESTATE: A form of English land tenure, unknown in this country, being an estate
at will which was enrolled, thereby establishing the rights of the tenant and giving more
permanency to his estate than an ordinary estate at will. Anno: 114 ALR 626.

COPYHOLD TENURE: See copyhold estate.

Civil Death: A person who has lost all of his civil rights. A person still possessing “Natural Life”
but is considered civilly dead as to his civil rights.
1. In some States persons convicted of serious crimes are considered to be Civilly dead
and may lose the right to vote, contract, and the right to sue and be sued.
2. A corporation which has formally dissolved or become bankrupt becomes Civilly “dead”

Civil Law: Distinguished from natural law and international law referred to as Municipal law
government law Roman law distinguish from common law which is American law .

Claim: to take possession of a thing that was not yours before the claim. (for example People
Claim their children for tax purposes. heehehe lol)

Claim(s). means: 1. right to payment, whether or not such right is reduced to judgment, equitable,
secured, or unsecured; or right to an equitable remedy for breach of performance if such breach gives rise
to a right to payment, whether or not such right to an equitable remedy is reduced to judgment, fixed,
contingent, matured, unmatured, disputed, undisputed, secured, or unsecured; 2. To demand as one’s own,
challenge of property or ownership of a thing which is wrongfully withheld. See Hill vs. Henry, 66 N.J.
Eq. 150, 57 Atl. 555. Also, a claim is to state. See Douglas vs. Beasley, 40 Ala. 147; Prigg vs.
Pennsylvania, 16 pet. 615, 10 L.Ed. 1060.

Collateral. means the property subject to a security interest, and includes accounts and chattel paper
which have been sold See Black’s Law Dictionary, 6th. ed. Also see UCC 9-105(c)

CONFUSION OF RIGHTS AND OBLIGATIONS: A merger of the obligor and the obligee in one
person; the concurrence of two adverse rights to the same thing in one and the same person;
the concurrence of the character of the sole debtor and the sole creditor in the same person,
thereby extinguishing the debt. Woods v Ridley, 30 Tenn (1 1 Humph) 195, 198.

CORPORATION: An ARTIFICIAL being, invisible, intangible, and existing only in contemplation

of law: an association of persons to whom the sovereign has offered a franchise to become an
artificial juridical person, with a name of its own. under which they can act and contract and sue
and be sued, and who have either accepted the offer and effected a corporation in substantial
conformity with its terms (in which case a corporation de jure has been constituted) or have
done acts indicating a purpose to accept such offer and effected an organization designed to be,
but, in fact not, in substantial conformity with the terms (in which case a corporation De Jure De
Facto has been constituted). 18 Am J2d Corp § 49.

CONDONABLE OFFENSE: A single act or series of acts of misconduct constituting a ground

for divorce which in theory may be forgotten or forgiven, or a species of misconduct which
considerate and affectionate treatment might serve to obliterate. 24 Am J2d Div & S § 204.

CONTRACTS MALA IN SE: Contracts which are absolutely void because the acts to be
performed thereunder are immoral, iniquitous and contrary to sound public policy, as well as in
violation of statute. 17 Am Ed Contr § 167.

CONTRACTS MALA PROHIBITA Contracts which are not absolutely void in all instances
because the acts to be performed there under are prohibited by statute, but are void or voidable
according to the nature and effect of the act prohibited. 17 Am J2d Contr § 167.

Constructive: Synonymous with “legal” and is in contradistinction to “lawful”

Constructive possession. means a person has constructive possession of property if he has power to
control and intent to control such item. Com. V. Stephens, 231 Pa. Super. 481, 331 A.2d. 719, 723. Being
in a position to exercise dominion or control over a thing. U.S. v. DiNovo, C.A.Ind., 523 F.2d. 197, 201.
See Black’s Law Dictionary, 5th ed.
Constructive trust. means trust created by operation of law against one who by actual or constructive
fraud, by duress or by abuse of confidence, or by commission of wrong, or by any form of unconscionable
conduct, or other questionable means, has obtained or holds legal right to property which he should not, in
equity and good conscience, hold and enjoy. Davis v. Howard, 19 Or. App. 310, 527 P.2d. 424. See
Black’s Law Dictionary, 5th ed.

Constructive Fraud: Actual fraud any breach of Duty which gains an advantage to the person
in fault or anyone claiming under him, such as his agent, that misleads another to his Prejudice.
To violate public or private confidence

Contribution: One TORT-FEASOR( Law- Breaker) is Responsible for the debts and losses of
the rest of the group of joint TORT-FEASORS (LAW BREAKERS). They are all
LAW-BREAKERS together. An example is Social Security. All persons in the system are liable
for the debts and losses of all the others in SS and they are all presumed to be Law-breakers as
such.

Classifications of Corporations
1. Public vs Private
2. Ecclesiastical vs Lay
3. Stock vs Non-Stock
4. Aggregate vs Sole
5. Subsidiary vs Parent
6. Foreign vs Domestic
7. Eleemosynary vs Civil
* The Federal Gov. has set up a Private Corp under federal law. They are
known as federally chartered corporations. They are defined and listed in
36 U.S.C.S

Damage: The word is to be DISTINGUISHED from its plural form “Damages”. It

is lost injury or deterioration caused by the negligence, design, or accident of
one person to another, in respect to the latter's Person Or Property.

Damages: THE Compensation in Money for a loss or Damage. The word is to

be DISTINGUISHED from is Singular Form “DAMAGE”.
DE FACTO CORPORATION: A corporation in fact, an apparent corporate organization,
asserted to be a corporation by its members and actually acting as such, but lacking the
creative fiat of the law -- an organization with the color of law, exercising corporate rights and
franchises, the right of which to corporate functions and attributes is complete as against all the
world except the sovereign. 18 Am J2d Corp § 49.

DE FACTO DISSOLUTION: That dissolution of a corporation which takes place., in substance

and in fact, in the case of corporations organized for pecuniary gains, when the corporation, by
reason of insolvency or for other reason, suspends all its operation and goes into liquidation.
Youree v Home Town Mut. Ins. Co 180 Mo 153, 164, 79 SW 175.

Derivative(s). means coming from another; taken from something preceding; secondary. That which has
not its origin in itself, but owes its existence to something foregoing. Anything obtained or deduced from
another.

Domicile. A person's legal home. That place where a man has his true, fixed,
and permanent home and principal establishment, and to which whenever he is
absent he has the intention of returning. Smith v. Smith, 206 Pa.Super. 310, 213
A.2d. 94. Generally, physical presence within a state and the intention to make it
one's home are the requisites of establishing a “domicile” therein. The permanent
residence of a person or the place to which he intends to return even though he
may actually reside elsewhere. A person may have more than one residence but
only one domicile. The legal domicile of a person is important since it, rather than
the actual residence, often controls the jurisdiction of the taxing authorities and
determines where a person may exercise the privilege of voting and other legal
rights and privileges.” [Black’s Law Dictionary, Sixth Edition, p. 485]

Dummy corporation. means JOHN HENRY DOE© and all derivatives thereof, an artificial person or
legal entity created by or under the authority of the laws of a state or nation, composed, in some rare
instances of a single person (such as the Debtor). The corporation is distinct from the individual or
individuals who comprise it. Such entity subsists as a body politic under a special denomination, which is
regarded in law as having a personality and distinct from that of its several members. See Dartmouth
College vs. Woodward, (4 Wheat), 518 636, 657, 4 L.Ed. 629: U.S. vs. Trinidad Coal Co., 137 U.S. 160,
11 S.Ct. 57, 34 L.Ed. 640; Andrews Bros. Co. vs. Youngstown Coke Co., 86 F.585, 30 C.C.A. 293; Porter
vs. Railroad Co., 76 Ill. 573; Nebraska Wheat Grower’s Ass’n vs. Smith, 115 Neb. 177, 212 N.W. 39, 44;
State vs. Thistle Down Jockey Club, 114 Ohio St. 582, 151 N.E. 709, 711; Congdon vs. Congdon, 160
Minn. 343, 200 N.W. 76, 87; Forest City Mfg. Co. vs. International Ladies’ Garment Workers’ Union,
Local No. 104, 233 Mo. App 935, 111 S.W. 2d 934; in re Crown Heights Hospital, 183 Misc. 563, 49
N.Y.S. 2d 658, 660; Froelich and Kuttner of Manila, P.I. vs. Sutherland, 57 App. D.C. 294, 22 F2d 870,
872. And also, in rare instances where it lists a single person (such as the Debtor) the would be
considered a corporation sole, which consists of only that one person only and his successors, in some
particular station, who are incorporated by law in order to give them some legal capacities and
advantages, particularly that of perpetuity, which in their natural persons they could not have. (or in the
present situation, to give them some legal capacity or advantage of dealings in the government
commercial activities which in their natural persons they could not have). See Step Comm. 168, 169; First
Parish vs. Dunning, 7 Mass. 447; Reid vs. Barry, 93 Fla. 849, 112 So. 846, 859. The court cases also
state that a corporation may exist as Domestic and/or Foreign, with reference to the laws and the courts of
any given state, a domestic corporation is one created by, or organized under, the laws of that state; a
foreign corporation is one created by or under the laws of another state, government, or country. (As in
the present situation of a U.S. corporation in Puerto Rico, see (BMF) Business Master File). In re Grand
Lodge, 110 Pa. 613, 1 A. 582; Fowler vs. Chillingworth, 94 Fla. 1, 113 So. 667, 669; in re Ewles’ Estate,
105 Utah 507, 143 P.2d 903, 905. They also state that, A Corporation de facto is one existing under the
color of law and in pursuance of an effort made in ‘good faith’ to organize a corporation under the statute;
an association of men claiming to be a legally incorporated company, and exercising the powers and
functions of a corporation, but without actual lawful authority to do so. See Foster vs Hare, 26 Tex. Civ.
App 177, 62 S.W. 541; Cedar Rapids Water Co. vs. Cedar Rapids, 118 Iowa, 234, 91 N.W. 1081; Tulare
Irrig Dist. vs. Shepard, 185 U.S. 1, 22 S.Ct. 531, 46 L.Ed. 773; Evans vs. Anderson, 132 Minn. 59, 155
N.W. 1040, 1041. The fictitious named (Debtor), a Straw man, or dummy corporation created by the
government without knowledge or intent of the natural person (Secured Party), only exists under the color
of law and claiming only to be legally incorporated for the purpose of commerce, and exercising the
powers and functions of a corporation, without actual lawful authority to do so, but strictly for the benefit
of the government and its commerce. The government shows the all-capital letter spelling of the Debtor
name, inter alia, when they created the fictitious named corporation, due to the need of a specific name
required for each separate legal entity’s identification. Therefore, when a corporation is constructed, a
name is always given to it, or supposing to be actually given, will attach to it by implication, and by that
name alone it must sue and be sued, and do all legal acts, though a very minute variation therein is not
material, and the name is capable of being changed (by competent authority) without affecting the identity
or capacity of the corporation. See Wharton on Corporations. See Black’s Law Dictionary, 6th ed., page
501, Dummy.

DEBITO: See de debito.

DE DEBITO: A writ of debt. (WRIT OF DEBT: The common-law writ in an action of debt. Lacaze
v State (Pa) I Addison 58, 86. See debet et detinet.)

DEBET ET DETINET: He is indebted and he withholds. A writ of debet was said to be brought in
the debet and detinet, or in the detinet only; that is it alleged that the defendant owed the debt
and withheld it, or simply that he withheld or detained it. If the original creditor sued the original
debtor, or sued the original debtor's heirs upon an obligation binding on them, the writ was
brought in debet and detinet, but otherwise only in detinet, for the reason that a simple duty to
pay a debt was purely personal and died with the debtor unless his heirs were bound. See 3 Bl
Comm 155.

DEBITO JUSTITIAE: See ex debito justitiae.

DEBITO NATURALI: See ex debito naturali.

DEBITOR: One who owes; a Debtor.

DEBITOR CREDITORIS EST DEBITOR CREDITORI CREDITORIS: The debtor of the creditor
is also the debtor of the creditor's creditor. "This process of attachment went not only against
those in the actual possession of himself, his factors or agents, but also against those in the
hands of his debtors, since the maxim taken from the Justinian code was 'Debitor creditoris,' "
etc. Atkins v Fiber Disintegrating Co. (US) 18 Wall 272, 21 L Ed 841, 845.

DEBITORES IN SOLIDO: Joint debtors.

EX DEBITO JUSTITIAE: From a debt of justice; from that which is owing; from one's right as of
right. Thompson v Jackson, 24 Va (3 Rand) 504.

EX DEBITO NATURALI: From natural obligation.

EXONERATION: Absolving of a charge or imputation of guilt; lifting of a burden; a discharge; a

release from liability; the application of the real personal property of an intestate to the payment
of his debts and the release of his real property therefrom. 21 Am J2d Ex & Ad § 391. See
contribution; indemnity.

EXTORTION: Oppression under color or right: the criminal offense of obtaining money or other
valuable thing by compulsion, actual force or force of motives applied to the will; more
technically defined as the unlawful taking by an Officer of the law, by color of his office, of any
money or thing of value that is not due him, or the taking of more than is due, or the taking of
money before it is due. Bush v Stone, 19 Ariz 195, 168 P 5O8; 31 Am J2d Extort § I. A method
of abuse of process. I Am J2d Abuse P § 12.

Fraud: An intentional perversion of the truth for the purpose of inducing another
in Reliance upon the perversion to part with some valuable thing belonging to
him or to surrender a legal right.

Fraudulent Concealment: Hiding or suppressing a material fact or circumstance

which the party is legally or morally bound to disclose.

Fraudulent Conversion: Receiving into possession money or property of

another and fraudulently withholding, converting or applying the same to or for
one's own use and benefit, or to use and benefit of any person other than the one
to whom the money or property belongs.

Fraudulent Conveyance: The conveyance or transfer a property, the object of

which is to defraud a creditor, or hinder or delay him, or to put such property
Beyond his reach. Most states have adopted the Uniform Fradulent
Conveyances Act.
FORGERY: A criminal offense at common law and under statutes defining the term variously. 36
Am J2d Forg § l. Essentially, the fa!se making or material alteration, with the intent to defraud,
or, under some statues, intent to injure. (Green v State (Fla) 76 So 2d 645. 49 ALR2d 847). of
any writing which, if genuine, might apparently be of legal efficacy or the foundation of legal
liability. 36 Am J2d Forg § 1.

Foreign State: A foreign country or nation. The several United States are considered "foreign"
to each other except as regards their relations as common members of the Union.

DRIVE-IT-YOURSELF SYSTEM. The business of renting out motor vehicles without drivers. 13
Am J2d Car § 18. See renting automobiles.

HIRE. Verb: To employ a person. To rent or engage the use of an article, receiving it as a bailee
under obligation to return the article at the end of the term of the hiring. Farquhar v McAlevy,
142 Pa, 233. Noun: The amount paid or to be paid for the services of a person. The amount
paid or to be paid for the use of a chattel. Bledsoe v Nixon, 69 NC 89.See bailee for hire; carrier
for hire; contract of hire; operator for hire.

HIRED AUTOMOBILE CLAUSE. The clause of an automobile liability insurance policy which
provides coverage for the insured while operating a rented automobile, but usually excluding
from coverage the owner of such vehicle or his employee. 7 Am J2d Auto Ins § 108.

HIRED DRIVER. One employed for the specific purpose of driving, not including one whose
duties under employment by another include driving, for example one employed to sell soft
drinks and proceeding from house to house to make sales from the vehicle. Anno: 138 ALR
425.

HIRE OR RETAIN. To engage the services of another, especially professional services. The
phrase as used in a statute making it a criminal offense to "hire or retain" any person to go
beyond the limits of the United States with intent to be enlisted in a foreign military or naval
service means to pay for services, or to engage services, and the consideration need not be
pecuniary or be paid at once. United States v Blair-Murdock Co. (DC Cal) 228 F 77.

HIRER. A person who by contract acquires the right to use a thing belonging to another. Turner
v Cross, 83 Tex 218, 18 SW 578. One who employs a person to render service for him. See
hire.

HIRING. See hire; hiring at will; hiring out convicts.

HIRING AT WILL. A hiring which can be terminated by either of the parties at any time, subject
to such notice of intent to terminate as may be required by the contract of hire. Warden v Hinds
(CA4 Va) 163 F 20l.

HIRING AUTOMOBILE. See drive-it-yourself system; renting automobiles; taxicab.

HOLD: Noun: The space in a ship below deck for cargo.

HOLDER IN DUE COURSE: Broadly, a Bona Fide holder for value without notice. 11 Am J2d B
& N § 397.

HOLDER OF WAREHOUSE RECEIPT. A person who has both actual possession of and a right
of property in, a warehouse receipt. Uniform Warehouse Receipts Act § 58. The person in
possession of a document of title which is a warehouse receipt. UCC § 1-201(5).

HOLDING COURT: The act of a judge in presiding over a term or session of a court. Keeping a
court open, the judge and all officers of the court being present.

HOLDING OUT: Assuming a status, for example holding out to be a carrier. 13 Am 12d Car §§
2, 5. Refusing to join in an agreement or course of action entered into or upon by others.

HOLDING OVER: Any actual retention of possession by a tenant under a lease, without the
consent of the landlord, after the expiration of the term of the lease. 32 Am J1st L & T § 920.

HOLDMAN: One who works, within the hold of a ship. Union Stevedoring Corp. v Norton (CA3
Pa) 98 F2d 1012.

Include: This is a word of “Limitation” as well as a word of enlargement when

used in a statue. Thus, We see the phrase “Including, but not Limited to” which
shows that it does not mean a limitation in the instance. There would be no need
for that phrase if the word always meant an enlargement. Synonymous with
“ONLY” when used in that sense. Latin word( Includere)

Informer:
● A person who informs or prefers an accusation against another, whom he
suspects of the violation of some penal statute.
● A person who informs or prefers an accusation against another, whom he
suspects of the violation of some penal statue. and undisclosed person
who confidentially volunteers material information of law violations to
officers and does not include those who Supply information only after being
interviewed by police officers or who give information as a witness during
course of Investigation. Gordon v. U.S. Rewards for information obtained
from INFORMERS is provide for by 18 USCA SEC.3059
● An Undisclosed person who confidentially discloses material information of
the law violation thereby supplying a lead to officers for their investigation
of a crime. Jackson v. state of Wyoming. This does NOT include Persons
 who supply information only after being interviewed by police officers or
who give information as witnesses during course of investigation.
Common informer. A common prosecutor. A person who habitually
ferrets out crimes and offenses and lays information thereof before the
ministers of justice, in order to set a prosecution on foot, not because of his
office or any special duty in the matter, but for the sake of the share of the
fine or penalty which the law allots to the informer in certain cases. Also
used in a less invidious sense, as designating persons who were
authorized and empowered to bring action for penalties. U. S. v. Stocking,
D.C.Mont., 87 F. 861;In re Barker, 56 Vt. 20.

Inclearings credit: refers to the funds a bank receives when it processes checks or other
negotiable instruments that have been deposited or presented for payment. When a check or
note is deposited, the bank where the check was deposited sends it to the bank on which the
check was drawn (the payor bank) for payment. The funds are then "cleared" and credited to the
depositor's account.

In the context you've described, "inclearings credit" likely represents the amount credited to the
bank (or the account holder) when a financial instrument, such as a promissory note or check, is
processed through the banking system. This amount might be significantly higher than the face
value of the note or check due to various financial mechanisms, including the revaluation of the
instrument in the banking system. This is particularly relevant in discussions about the potential
valuation of notes and bonds and their conversion in financial transactions.

IDEM SONANS. Sounding the same or alike; having the same sound. A term applied to names
which are substantially the same, though slightly varied in the spelling, as "Lawrence" and
"Lawnance," and the like. 1 Cromp. & M. 806; 3 Chit. Gen. Pr. 171; Golson v. State, 15 Ala.App.
420, 73 So. 753. Two names are said to be "idem sonantes" if the attentive ear finds difficulty in
distinguishing them when pronounced, or if common and long-continued usage has by
corruption or abbreviation made them identical in pronunciation. State v. Griffle, 118 Mo. 188, 23
S.W. 878. The rule of "idem sonans" is that absolute accuracy in spelling names is not required
in a legal document or proceedings either civil or criminal; that if the name, as spelled in the
document, though different from the correct spelling thereof, conveys to the ear, when
pronounced according to the commonly accepted methods, a sound practically identical with the
correct name as commonly pronounced, the name thus given is a sufficient identification of the
individual referred to, and no advantage can be taken of the clerical error. State v. Hattaway,
180 La. 12, 156 So. 159. But the doctrine of "idem sonans" has been much enlarged by modern
decisions, to conform to the growing rule that a variance, to be material, must be such as has
misled the opposite party to his prejudice
ILLEGAL BRANDING: The statutory offense of branding or marking of cattle without the
consent of the owner, and with intent to defraud. State v Hall, 27 Tex 333. The misbranding of a
product for the purpose of deceiving the public. 56 Am J1st Wts & L § 64 .

Indebtedness. means anything that is due and/or owing, including all principal and interest,
together with all other indebtedness and costs and expenses for which Debtor is responsible
under the Agreement or under any of the related documents. In addition, the word
Indebtedness includes all other obligations, debts, and liabilities, plus interest thereon, of
Debtor to Secured Party, as well as all claims by Secured Party against Debtor, whether existing
now or later; whether they are voluntary or involuntary, due or not due, direct or indirect,
absolute or contingent, liquidated or un-liquidated; whether Debtor may be liable individually or
jointly with others; whether Debtor may be obligated as guarantor, surety, accommodation party,
or otherwise; whether recovery upon such indebtedness may be or hereafter may become
barred by any statute or limitations; and, whether such indebtedness may be or hereafter may
become otherwise unenforceable.

Indemnity. means a collateral contract or assurance by which one person engages to secure another
against an anticipated loss or to prevent him from being damnified by the legal consequences of an act or
forbearance on the part of one of the parties or of some third person. See Nat’l Bank of Tifton vs. Smith,
142 Ga. 663, 83 S.E. 526, 528, L.R.A. 1915B, 116. See also Black’s Law Dictionary, 6th ed., page 769,
Indemnity.

INFRINGEMENT: A violation of a right or privilege: an encroachment.

INFRINGEMENT OF NAME: The adoption by a corporation of a name so similar to that of

another corporation, association or firm as will result in confusion or deception 18 Am J2d Corp
§ 156.

INFRINGEMENT OF TRADENAME: Such a colorable imitation of a trade name that the general
public, in the exercise of reasonable care, might think that it is the name of the first one
appropriating it. 52 Am JIst Tradem §§ 127 et seq.

IMPLICATION, Something implied, The evident consequence, or some necessary consequence

resulting from the law, or the words of an instrument, in the construction of which the words, the
subject, the context, the intention of the person using them, are all to be taken into view. Rhode
Island v Massachusetts (US) 12 Pet 657, 723, 9 LEd 1233, 1260. The matter of being involved,
as in a crime. See implied.

IMPLIED. Accepted as that which was intended although not stated expressly. Understood.
Suggested.

IMPLIED ABANDONMENT. In some jurisdictions, the nonuser of a highway. 25 Am J 1st High §

112.

IMPLIED ABROGATION. See implied repeal.

IMPLIED ACCEPTANCE. An acceptance understood from acts and cirpumstances where not
expressly stated. The acceptance of an offer implied from acts or conduct, including
performance by the offeree of his undertaking. Cole-Mclntyre-Norfleet Co. \t Holloway, 141 Tenn
679, 214 SW 817, 7 ALR 1683. Duquesne Lumber Co. v Keystone Mfg. Co. 90 W Va 673, 112
SE 219. An acceptance of an offer of dedication through positive conduct on the part of the
authorized public officers evincing their consent on behalf of the public. Blowing Rock v
Gregorie, 243 NC 364, 90 SE2d 898; Henry v Ionic Petroleum Co. (Okla) 391 P2d 792. An
acceptance of a deed implied where the intention to accept is manifested by conduct such as
that of retaining possession ofthe deed, conveying the property, or otherwise exercising the
rights of an owner, provided the grantee had, at the time he acted, knowledge of the
conveyance. 23 Am J2d Deeds § 128. The acceptance of a gift operating entirely to the benefit
of the donee. 24 Am Jlst Gifts § 117. Of a draft or bill of exchange: -an acceptance by the
drawee implied from circumstances such as his retention or destruction of the instrument, 11 Am
J2d B & N § 509; a concept at variance with the provision of the Uniform Commercial Code that
the signed engagement of the acceptor must be written on the bill or draft. 11 Am J2d B & N §
510.

IMPLIED ACCORD. The usual situation of accord in which a sum less than the whole claim is
remitted or tendered on condition that it be accepted as full satisfaction, and accord and
satisfaction resulting from its acceptance. Shinn v Kitchens, 208 Ark 321, 186 SW2d 168;
Virginia-Carolina Electrical Works, Inc. v Cooper, 192 Va 78, 63 SE2d 717.

IMPLIED CONTRACT. A contract inferred from the conduct of the parties, although not
expressed in words. Corriveau v Jenkins Bros. 144 Conn 383, 132 A2d 67. Implied in facti-a
real contract but one inferred from the circumstances, the conduct, acts, or relation of the
parties, rather than from their spoken words, Gleason v Salt Lake City, 94 Utah I, 74 P2d 1225.
A contract to pay the reasonable value of services performed by one person for another, where
there is no express agreement as to the compensation, but the circumstances, particularly the
conduct of the person for whom the work was done, is such as to justify an understanding by
the person performing the work that the former intended to pay for it. Anno: 54 ALR 549; 58 Am
J 1st Wk & L § 3. Implied in law:-a quasi or constructive contract implied by law on the grounds
of justice and equity, usually to prevent unjust enrichment. 58 Am J 1st Wk & L § 2.

IMPLIED FORCE. The employment of words or conduct to put another in fear of bodily harm if
he does not give way or submit. See 35 Am J2d Fore E & D § 58.

IMPLIED FRANCHISE. A franchise to use the streets, for the purpose of rendering service as a
public utility, conferred by necessary implication from the negotiations between the city and the
company claiming the franchise. Eichels v Evansville St. R. Co. 78 Ind 261.

IMPLIED ILLEGALITY. That which, although neither expressly forbidden nor authorized, is
contrary to the plain implication of ::: statute. Luria v United States, 231 US 9,58 L Ed 101,34 S
Ct 10.

IMPLIED IN FACT. See implied contract.

IMPLIED IN LAW. See implied contract.

IMPLIED INTENT A guilty intention inferable from the act relied upon by the prosecution as
constituting the offense. 21 Am J2d Crim L § 81.

IMPLIED INVITATION. An act of the owner or occupant of premises, or of someone else with
his permission, which he knows, or reasonably should know, may give rise to the belief: in a
mind of a person ordinarily discerning, that the owner or occupant intended such person to
come upon the premises. Black v Central R. Co. 85 NJL 197, 89 A 24. In its real value and
significance, as derived from its application in the adjudged cases, the term imports knowledge
by the defendant of the probable use by the plaintiff of the defendant's property so situated and
conditioned as to be open to, and likely to be Subjected to such use. Lepnick v Caddis, 72 Miss
200, 16 So 213. See implied license.

IMPLIED LEASE. The relation of landlord and tenant existing under an implied contract, that is,
a relation from the acts and conduct of the parties consistent only with the existence of a lease
and the creation of the relation of landlord and tenant thereunder. 32 Am 11 st L & T § 24.

IMPLIED LICENSE. A license to perform an act or acts upon the land of another existing by
virtue of acquiescence of the owner or inferred from the acts of the parties, their relations with
each other, from custom, or from the habits of the country, but giving the licensee no interest in
the land. McKee v Gratz, 200 US 127,67 L Ed 167, 43 S Ct 16 (license to go upon land for
purpose of hunting or fishing). The principle on which an implied license may be distinguished
from an implied invitation is that where the privilege of user exists for the common interest or
mutual advantage of both parties, it will be held to be an invitation; but if it exists for the mere
pleasure and benefit of the party exercising the privilege, it will be held to be a license. Douglas
v Bergland, 216 Mich 380, 185 NW 819;20 ALR 197.

IMPLIED LIEN. A lien which may be created in the absence of an express contract, based upon
the fundamental maxims of equity and which may be implied and declared by a court of equity
out of general considerations of right and justice as applied to the relations of the parties and
the circumstances of their dealings. 33 Am Jlst Liens § 21. The lien in favor of a vendor who has
conveyed the legal title to real estate to a purchaser, as security for the unpaid purchase money.
55 Am Jlst V & P § 462.

IMPLIED MALICE. An expresssion of dual meaning, sometimes being used in the sense of
constructive malice and at other times indicating presumed malice. The mental state of ill will
spite, wicked intention, or enmity which the law infers from or imputes to certain acts. Griswold v
Home, 19 Ariz 56, 165 P 318. The inference or implication from a wilful and intentional act
performed for the accomplishment of a wrongful object or ulterior purpose. 1 Am J2d Abuse P §
6. An application of the presumption that one intends the natural and probable consequences of
his voluntaty and deliberate acts. Taylor v State, 201 Ind 241, 167 NE 133. As an element of the
crime ofmurder:-the absence of a deliberate mind and formed design to take life, but where the
killing, nevertheless, is done without justification or excuse, and without provocation, or without
sufficient provocation to reduce the offense to manslaughter. State v Trott, 190 NC 674, l30 SE
627, 42 ALR 1214. The showing of an abandoned or malignant heart by all the circumstances.
People v Crenshaw, 298 III 412, 131 NE 576, 15 ALR671. It is a matter of the greatest difficulty
to distinguish between express malice and implied malice so as to render those terms intelligible
to a jury. Turner v Commonwealth, 167 Ky 365, 180 SW 768.

IMPLIED NOTICE. A kind of actual notice rather than constructive notice; sometimes referred to
as implied actual notice. 39 Am Jlst Notice § 6. Notice inferred from the means of knowledge
open to a person, without proof that he used them. Texas Co. " Aycock, 190 Term 16, 227 SW2d
41, 17 ALR2d 322. Sometimes confused with "constructive notice" which is a matter of legal
inference rather than actual notice. 39 Am JIst Notice § 6. Hunt v Ellis, 27 NM 397, 201 P 1064.

IMPLIED OBLIGATION. See implied contract.

IMPLIED PERMISSION. See implied license; implied permission to use motor vehicle.

IMPLIED PERMISSION TO USE MOTOR VEHICLE. A sufferance of use or passive permission

deduced from a failure to object to a known past, present or intended future use under
circumstances where the use should be anticipated. Bradford v Sargent, l35 Cal App 324, 27
P2d 93.

IMPLIED POWERS. The powers necessary to effectuate the powers expressly conferred. Re
Munger, 168 Iowa 372, 150 NW 447 (powers of executor or administrator). Sometimes in loose
usage referred to as inherent powers. Re Berman, 245 NC 612, 1.1lu ~ v./u.

IMPLIED RESCISSION. A rescission of a contract which the law implies when the parties make
a new contract concerning the same matter with terms so inconsistent with the terms ofthe
former contract that they cannot stand together. 17 Am J2d Contr § 493. A rescission of a
contract by acts or conduct of the parties inconsistent with the continued existence of the
contract. 17 Am J2d Contr § 494.

Injunctive Relief :

Instrument: Written Document.

IMPLIED FORCE: The employment of words or conduct to put another in fear of bodily harm if
he does not give way or submit. See 35 Am J2d Forc E & D § 58.

INTENT TO DEFRAUD: An intent to commit a fraud. The words as used in a statute making an
offense to pretend to be an officer or employee acting under the authority of the United States,
do not require more than that the person charged has by artifice and deceit, sought to cause the
deceived person to follow some course he would have not pursued but for the deceitful conduct.
United States v Lepowitch, 318 US 702, 87 L Ed 1091, 63 S Ct 914.

Juristic Person. Site UNITED STATES v. SCOPHONY CORP., 69 F.Supp 666, “From earliest times the
law has enforced rights and exacted liabilities by utilizing a corporate concept - by recognizing, that is,
Juristic Persons other than Human Beings. The theories by which the mode of legal operation has
developed, has been justified, qualified, and defined are the subject matter of a very sizable library. The
historic roots of a particular society, economic pressures, philosophic notions, all have had their share in
the law’s response to the ways of men in carrying on their affairs through what is now the familiar device
of the Corporation. Attribution of legal rights and duties to a JURISTIC PERSON other than man is
necessarily a metaphorical process. And none the worse for it. No doubt, “Metaphors in law are to be
narrowly watched.” Cardozo J. in Berkey v. Third Avenue R. Co., 244 N.Y. 84, 94. But all instruments of
thought should be narrowly watched lest they be abused and fall in their service to reason.” Refers to
DEBTOR, DUMMY CORPORATION, ARTIFICIAL PERSON, and STRAW MAN.

Lawful Fraud: Fraud by construction.

Legal Entity. means Legal existence. An entity, other than a natural person or live flesh and blood man,
who has sufficient existence in legal contemplation that it can function legally, be sued or sue and make
decisions through agents as in the case of corporations. See Black’s Law Dictionary, 6th ed.

Legalis Homo. is Lat. And means A lawful; a man; a person who stands rectus in curia; a person not
outlawed, excommunicated, or infamous. It occurs in the phase, “probi it legales homines” (good and
lawful men, competent jurors), and “legality” designates the condition of such a man. See Black’s Law
Dictionary, 6th ed.

Liability(ies). mean(s) every kind of legal obligation, responsibility, or duty. Also the state of being
bound or obliged in law or justice to do, pay, or make good something. See Mayfield vs. First Nat’l Bank
of Chattanooga, Tenn., C.C.A. Tenn., 137 F.2d 1013, 1019; Feil vs. City of Coer d’ Alene, 23 Idaho 32,
129 P. 643, 649, 43 L.R.A. N.S. 1095; Breslaw vs. Rightmire, 196 N.Y.S. 539, 541, 119 Misc. 833. See
also Black’s Law Dictionary, 6th ed., page 914.

MALA PROHIBITA: Act which are made criminal by statute but which, of themselves, are
NOT criminal. Used in contrast to “MALA IN SE” which refers to acts that are wrongs in
themselves such as Robbery.

May: Usually employed to mean Optional, Not mandatory. Discretional.

MATERIALMAN. A person who supplies materials for use in the construction of a building or
other structure. A person to whom the protection of a mechanic's lien statute is now generally
extended. See mechanic's lien.
MATERIALMAN'S LIEN. A lien now generally provided under mechanic's lien statutes tor the
protection of one who supplies materials for use in the construction of a building or other
improvement. See mechanic's lien.

MATERIALMAN'S MARITIME LIEN. The lien upon a ship under federal or state statute for
necessary materials or supplies furnished the vessel in port, especially her home port. 48 Am J
1st Ship §§ 552 et seq. 1'0'1

MECHANIC'S LIEN. A claim created by law for the purpose of securing a priority of payment of
the price or value of work performed and materials furnished in erecting or repairing a building
or other structure, usually attaching to the land as well as to the buildings erected thereon.
Schwartz v Whelan, 295 Pa 425, 145 A 525, 65 ALR 277. A lien upon moneys withheld by a
public body from a contractor in favor of a laborer or materialman for the amount of his claim for
labor or materials furnished the contractor upon the improvement under construction by him
pursuant to a contract with the public body. Anno: 112 ALR 816.

MECHANIC'S MARITIME LIEN. A lien for repairs made upon a vessel provided by the Federal
Maritime Lien Act of 1910, re-enacted in 1920, which superseded state legislation upon the
same subject. 46 use §§ 971 et seq.; 48 Am J1 st Ship § 555. See materialman's maritime lien.

MEMBER: One who belongs to an organization, such as cooperative association, fraternal

order, or membership corporation. Smith v Iron M.T. Terminal Co. 46 Mont 13, 125 P 649. An
incorporator or the successor of an incorporator of a corporation which has no capital stock. i8
Am J2d Corp § 460.

MEMBERSHIP: A condition or status of being a member. In reference to a building and loan

association, a matter of contract and ordinarily acquired by taking and holding stock, such being
evidenced by the issuance and delivery of a certificate or certificates of stock to the member
and the inscription of his name on the books of the association. 13 Am J2d B & L Assoc § 16.

MEMBERSHIP CERTIFICATE: See certificate of membership( CERTIFICATE OF

MEMBERSHIP: Sometimes called a benefit certificate, issued to a member of a mutual benefit
society, constituting the contract between him and the corporation, but construed and governed
by its charter constitution and bylaws.

MEMßERSHIP CORPORATION: A distinct kind of corporation authorized under the statutes of

most jurisdictions, existing for purposes other than profit, often for charitable, fraternal, social or
religious purposes, in which the participants acquire the status of members rather than
stockholders. 18 Am J2d Corp § 460.

Municipal: Pertaining to the government affairs of a state, nation, or people. Does not always
mean city or local government. May mean federal government.
Must: Often used in a directory sense and is synonym for “MAY”. Can be used in a permissive
sense rather than a mandatory sense.
Nation: A race of people

Natural Child. noun—means every Child by natural relation or procreation. Child by birth, as
distinguished from a child by adoption. Illegitimate children who have been acknowledged by the father.
See Black’s Law Dictionary, 6th ed.

Natural Person(s) mean(s) a live flesh and blood human being(s) of substance of which rights and duties
are attributes, as distinguished from an artificial person created by law and/or government. See Bouvier’s
Law Dictionary, 8th ed., 1914, reprinted 1984, volume III page 2575. Refers to the Secured Party named
herein.

Negotiable. means capable of being transferred by endorsement or delivery so as to pass to holder the
right to sue in his own name and take free of equities against assignor payee. Fischbach & Moore vs.
Philadelphia Nat. Bank, 134 Pa. Super. 84, 3 A.2d 1011, 1012. See also Black’s Law Dictionary, 4th
ed.

NEMO ALIENO NOMINE LEGE AGERE POTEST: (Civil law) NO ONE can SUE in the name of
another.

NEMO PUNITUR PRO ALIENO DELICTO: No one is punished for the crime of another.

NEMO TENETUR ARMARE ADVERSERIUM CONTRA SE: NO ONE is bound to arm his
adversary against himself.

NEMO TENETUR EDERE INSTRUMENTA CONTRA SE. (Roman law) No one is bound to
produce instruments or writings which are against himself.

Non- Residence: Residence”beyond the limits” of the particular jurisdiction.

In Ecclesiastical Law, the absence of spiritual persons from their benefices(rank or public office)

Non-Resident: One who does not Reside with Jurisdiction in question; Not an inhabitant of the
state of the forum.

Non-Resident Alien: One who is neither a resident nor a citizen of this country.

Non negotiable. means not negotiable; not capable of passing title or property by endorsement
or delivery. Any document of title that is not a negotiable document. An instrument, which may
not be transferred by endorsement and delivery or by delivery alone, though it may be assigned.
The transferee does not become a holder unless it is negotiated. Compare Negotiable. See
Black’s Law Dictionary, 6th ed., page 1055, Non-negotiable and negotiable page 1035. See
also Utah Code Annotated, § 70A-7-501 and § 70A-7-502.

Non obstante. means a phrase used in the herein Security Agreement to preclude any
interpretation contrary to the stated object or purpose. See Black’s Law Dictionary, 6th ed., page
1055.

Notice. means warning or intimation of something. See also Utah Code Annotated, §
70A-1-201(25) (a), (26), and (27).

Nunc pro tunc. means retroactive to or from the beginning, then as now. See Black’s Law
Dictionary, 6th. ed.

Party. means a person concerned or having or taking part in any affair, matter, transaction, or proceeding,
considered individually.

Peonage: A condition of servitude compelling PERSONS to perform labor in order to pay off
debt. This is prohibited by the 13th Amendment.

People: A state; as the people of the state of New york. (Notice the small “s” used in the word
state and it does not mention ‘persons”. Also a nation in its collective and political capacity.

PERSONALITY. In modern civil law. The incidence of a law or statute upon persons, or that
quality which makes it a personal law rather than a real law. "By the personality of laws,
foreign jurists generally mean all laws which concern the condition, state, and capacity of
persons." Story, Conn. Laws, § 16.

PERSONALTY. Personal property; movable property; chattels. In old practice, an action was
said to be in the personalty, where it was brought against the right person or the person against
whom in law it lay. Old Nat.Brev. 92; Cowell.

Person: Does Not Mean “human being”. A corporation is a person as referred to by the 14th
amendment, which EXPRESSLY applies to “person”.

PERPETUITY: Literally, something that lasts forever. In an artificial sense of the term, as used in
law of property, a limitation of contingent future interest in violation of the rule against
perpetuities. A limitation, whether executory or by way of remainder, of either real or personal
property, which is not to vest until the expiration of, or will not necessarily vest within, the period
fixed and prescribed by law for the creation of future estates and interests, and which is not
destructible by persons for the time being entitled to the property subject to the future limitation,
except with the concurrence of the individual interested under that limitation. 41 Am J1st Perp §
7. See rule against perpetuities.
 ● RULE AGAINST PERPETUITIES: The rule which prohibits the creation of future
interests or estates which by possibility may not become vested within a life or
lives in being at the time of the testator's death or the effective date of the
instrument creating the future interest, and twenty-one years thereafter, together
with the period of gestation when the inclusion of the latter is necessary to cover
cases of posthumous birth. 41 Am J1st Perp § 3.

Pledge. means a bailment, pawn, or deposit of personal property to a creditor as security for
some debt or engagement. Personal property transferred to pledgee as security for pledgor’s
payment if debt or other obligations. Jacobs v. Great Pacific Century Corp., 204 N.J. Super. 605,
499 A2d. 1023, 1025. A pledge, considered as a transaction, is a bailment or delivery of goods
or property by way of a security for debt or engagement, or as security for the performance of
an act. Another definition is that a pledge is a security interest in a chattel or in an intangible
represented by an indispensable instrument (such as formal, written evidence of an interest in
an intangible so representing the intangible that the enjoyment, transfer, or enforcement of the
intangible depends upon possession of the instrument), the interest being created by a bailment
for the purpose of securing the payment of a debt or the performance of some other duty. A
pledge is a promise or agreement by which one binds himself to do or forbear something. A lien
created by delivery of personal property by owner to another, upon express or implied
agreement that it shall be retained as security for existing or future debt. Arco Petroleum
Products, Co., a Div. Of Atlantic Richfield Co. v. R & D Automotive Inc., 74Ill. Dec 197, 200, 118,
Ill.App.3d 634, 455 N.E 2d 227, 230. See Black’s Law Dictionary, 6th ed. Much of the law of
pledges has been replaced by the provisions for secured transactions in Article 9 of the U.C.C.
See also Bailment; Collateral; Hypothecate; Pawn; Secured Transaction; Security. Compare
Assignment. See Black’s Law Dictionary, 6th ed.

Private Corporation: Means a corporation established under FEDERAL law(NOT state law).
For example( American Red Cross. Girl Scouts etc.

Prosecutor: An Informer. A Relator. One who instigates a prosecution against a party whom he
suspects to be guilty.
1. Private Prosecutor: Any person. not an officer of government .
2. Public Prosecutor: An officer of the government, such as the district attorney.
hired by the government to do the job that a private prosecutor would do.

Public: Does not mean all the people

Purview: Not Preamble

PURGE OF WRONG: An adequate and effective renunciation and repudiation by by a person of
his prior unconscionable or wrong conduct. Dickeron v Murfield 173 Or 662, 147 P2d 194. The
assumption of responsibility for a tortious act committed by another person.

PURGING USURY: Removing the taint of usury. as by abandoning the usurious agreement and
the execution of a new obligation for the amount of the actual debt, free from the usury, and
bearing legal interest. 55 An J1st Usury § 97.

Quasi personalty. Things which are movable in point of law, though fixed to things real, either
actually, as emblements, (fructus industriales,) fixtures, etc.; or fictitiously, as chattels-real,
leases for years, etc.

RACKETEER: Using one's position, especially a position as officer of a labor union, to extort or
obtain money by fraud. Hazelton v Murray 21 NJ 113, 121 A2d I. The organized use of threats,
coercion, intimidation and violence to compel the payment for actual or alleged services of
arbitrary or or excessive charges under the guise of membership dues, protection fees. royalties
or service rates. United States v McGlone (DC Pa) 19 F Supp 285, 286.

REGISTRAR: One having the duty of REGISTERING A TRANSFER of corporate stock. 18 Am

J2d Corp § 408.

Relator: An Informer or Prosecutor

RESTORATION OF RECORD: 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 Alter.
20 Am J2d Cts § 63.

Roman Law: Civil law in america is Roman law and is Foreign law

Redemptor: Latin. One who buys back, reclairns(one who has reclaimed legal title over his)life
and property).,

SEQUESTRATION RECEIVERSHIP: A receivership established in a sequestration proceeding

against a corporation. 45 Am J1st Rec § 3.
Shall: This word is generally imperative or mandatory in denotes obligation. the word and
ordinary usage means must. (remember that must did not always mean mandatory)

STATE: When written with a small “s” it means all the inhabitants of a given land. When the “S”
is Capitalized it means the corporate body politic or the government only and could refer to a
territory of enclave of the federal government. The definition that is to be used in the statue will
be given as each statue is stated.

SURRENDER OF CHARTER: The Dissolution or Termination of the existence of a corporation

by a formal act on the part of the corporation in yielding its charter to the sovereignty under
which the corporation was created and the acceptance of the same by the government, 19 4m
J2d Corp § J591

THELLUSSON ACT: An English statute by which all persons are prohibited from settling
property by deed or will so that the rents and profits shall be wholly or partially accumulated for
a longer term than the life of the settlor, or 21 years after his death or during the minority of a
person or persons living at the time of the death of the settlor, or during the minority or
respective minorities only of a person or persons who, if of full age, would have been absolutely
entitled under the settlement. Act of 39 and 40 Geo III, Ch 98: 41 Am J1st Perp § 44.

Ultra Vires: Beyond the scope of the powers of a corporation(gov). An Ultra vires act of
government is one that is beyond powers conferred up it by law.

UNLAWFUL ACCUMULATION: An accumulation of an estate in violation of the rule against

perpetuities or unlawful accumulation. An accumulation of an estate in violation of the rule
against perpetuities or in violation of statutes comparable to the Thellusson Act of England. 41
Am J1st Perp § 44.

UNLAWFUL BELLIGERENT: An enemy not entitled to the protection of the laws of war
because of the want of a lawful war or or of a violation by it of the laws of war. 56 Am J1st War
§§ 3 et seq.

UNLAWFUL COMBINATION: An agreement in restraint of trade.

UNLAWFUL DETAINER: The unlawful withholding or detention of real property after the
acquisition of a peaceable and actual, but unlawful, possession. 35 Am J2d Forc: E & D § 32.

UNJUST ENRICHMENT: The circumstances that give rise to the obligation of restitution, that is,
the receiving and retention of property, money or benefit which in justice and equity belong to
another. Herrmann v Gleason (CA6 Mich) 126 F2d 936; Straube v Bowling Green Gas Co 360
Mo 132, 227 SW2d 666, 18 4LR2d 1335. See restitution.
UNLAWFUL INJURY: An actionable wrong. Giving to the term the broadest meaning possible
under the authorities, it can include no injury that is not of such a character that it would
constitute an actionable wrong, -- an injury for which an action for the resultant damages could
be maintained against the perpetrator, or which, if merely threatened. could be enjoined in
equity if the remedy at law were deemed inadequate. People v Schmitz 7 Cal App 330, 360, 94
P 419.

UNITED STATES CITIZEN: The antithesis of alien. FIRST: Aperson born or naturalized in the
United States and subject to the jurisdiction thereof. US Const Act 14 cl 1. SECOND: One who
by birth, naturalization or other means is a member of the Independent Political Society
(presently a membership title in a Belligerent Communistic Corporate as a Citizen in foreign
Bondage) of the United States of America. 3 Ám J2d Aliens §

World: All persons who may have a claim or interest in the subject matter. (not the same
as EARTH)

Writ of Execution/ Writ of Capeas