Redemption Manual v4 Part 2

13. All computers, computer-related equipment and accessories..
electronically stored files or

data. telephones, electronic equipment, office equipment and machines;
14. All visual reprod uction systems, aural reproduction Systems, motion pictures. film s, video
tapes, audio tapes, sound tracks. compact discs. phonograph records, film, video and aural
production equipment, cameras, projectors, and mu sical instruments;
15. All manuscripts, booklets, pamphlets, treatises, treatments, monographs, sto ries, written
material, libraries, plays, screenplays, lyri cs, songs, music;
16. All books and records of DEBTOR;
17. All Trademarks, Registered Marks, copyrights, patents, proprietary data and technology,
inventions, royalties, good will ;
18. All scholastic degrees, diplomas, honors, awards, meritorious citations;
19. All records, diaries, j ournals, photographs, negatives, transparencies, images, video foo tage,
film footage, drawings , sound records, audio tapes, video tapes, computer production or
storage of all kinds whatsoever, of DEBTOR;
20. All fingerprints, footprints, palm prints, thumbprints, RNA materials, DNA materials, blood
and blood fractions, biopsies, surgically removed tissue; bodily parts, organs, hai r, teeth,
nails, semen, urine, other bodily fluids or matter, voice-print, retinal image, and the
descriptions thereof, and all other corporal identification factors, and said factors physical
counterparts, in any form, and all records, record numbers, and information pertaining
thereto;
21. AIl biometrics data, records, information, and processes not elsewhere described, the use
thereof; and the use of the information contained therein or pertaining thereto;
22. All Rights to obtain. use, request, or refuse or authorize the administration of, any food,
beverage, nourislunent, or water, or any substance to be infused or injected into, or affecting
the body by any means whatsoever;
23. All Rights to request, refuse, or authorize the administration of; any drug, manipulation,
material, process, procedure, ray, or wave which alters, or might alter the present or future
state of the body, m ind, spirit, or will by any means, method, or process whatsoever;
24. All keys, locks, lock combinations, encryption codes or keys, safes, secured places, and
security devices, security programs, and any software, machinery, or devices related thereto;
25. All Rights to access and use utilities upon payment of the same unit costs as the comparable
units of usage offered to most-favored customers, inter alia, cable, electricity, garbage, gas,
internet, satellite, sewage, telephone, water, www (computer services), and all other methods
of communicatio n, energy transm ission, and food or water distribution;
REDEMPTION MANUAL FOURTH EDITION 4.2 302

26. All Rights to barter, buy, contract, sell, or trade ideas, products, services, or work;
27 . All Rights to create, invent, adopt, utilize. or promulgate any system or means of currency,
money, medium of exchange, coinage, barter, economic exchange, bookkeeping, record-
keeping, and the like;
28. All Rights to use any free, rented, leased. fixed, or mobile domicile, as though same were a
permanent domicile. free from requirement to apply for or obtain any government license or
permission and free from entry, intrusion, or surveillance, by any means, regardless of
duration of lease period, so long as any required lease is currently paid or a subsequent three-
day grac e period has not expired;
29. All Rights to manage, maneuver, direct, guide, or travel in any form of automobile or
motorized conveyance whatsoever without any requi rement to apply for or obtain any
government license, permit, certificate, or permission of any kind whatsoever;
30. All Rights to marry and procreate children, and to rear, educate. train, guide, and spiritually
_ enlighten any such children. wi thout any requirement to apply for or obtain any government
license, permit, certificate, or permission of any kind whatsoever;
3 1. All Rights to buy. sell, trade. grow, raise. gather, hunt, trap, angle, and store food. fiber, and
raw materi als for shelter, clothing, and survival;
32. All Rights to exercise freedom of religion, worship, use of sacraments , spiritual practice, and
express ion without any abridgm ent of free speech, or the right to publi sh, or the right to
peaceably assemble, or the right to petition Government for redress of grievances, or pet ition
any military force of the United States for physical protection from threats to the safety and
integrity of person or property from either "public" or "private" sources;
33. All Rights to Keep and Bear Arms for self-defense of self; family , and parties entreating
physical protection of person or property;
34 . All Rights to create, preserve, and maintain inviolable. spiritual sanctuary and receive into
same any and all parties requesting safety and shelter;
35. All Rights to create documents of travel of every kind whatsoever, inter alia, those sign ifyi ng
diplom atic status and immuni ty as a free, independent, and Sovereign State-in-fact;
36. All claims of ownership or certi ficates of title to the corporeal and incorporeal
hereditaments, hereditary succession, and all innate aspects of being, i.e. mind. body. soul,
free will, faculties, and self;
37. All Rights to privacy and security in person and property, inter alia, all Rights to safety and
security of all household or sanctuary dwell ers or guests, and -all papers and effects
belonging to DEBTOR or any household or sanctuary dwellers or guests. against

governmental, quasi-governmental, defacto governmental, or private intrusion, detainer.
entry. seizure, search. surveillan ce. trespass, assault, summons, or warrant, except wi th proof
of superior claim dul y filed in the Commercial Registry by any such intruding party in the
private capacity of such intruding party, notwithstanding whatever purported authority,
warrant, order, law. o r color of law may be promulgated as the auth ority for any such
intrusion, detainer, entry, seizure, search, surveillance, trespass, assault, summons, or
warrant;
38. All names used and all Co rpo rations Sole executed and filed, or to be executed and filed,
under said names;
39. All intellectual property, inter alia, all speaki ng and writing;
40. All signatures and seals;
4 1. All present and future retirement incomes, and rights to such incomes, issui ng from any of
DEBTORS accounts;
42 . All present and future medical and healthcare rights, and rights owned through survivorship,
from any of DEBTORS accounts;
43. All applications , filings, correspondence, information, identifying marks, image licenses or
travel documents, materials, permits, registrations, and records and records numbers held by
any entity, for any purpose, however acquired , as well as the analyses and uses thereo f, and
any use of any informati on and images contained therein, regardless of creator, method,
location, process, or storage form, inter alia, all processed algoritluns analyzing, classifying,
comparing, com pressing, di splaying, identifying, processing, storing, or transmitting said
applications, filings, correspondence, info rmation, identifying marks, image licenses or travel
documents, materials, permi ts, registrations, and records and records numbers, and the like;
44. All library cards;
45. All credit, charge, and debit cards, and mortgages, notes, appli cations, card numbers, and
associated records and information;
46 . All credit of DEBTOR;
47. All traffic citations/tickets;
48. All parking citations/tickets;
49. All court cases and j udgm ents, past, present, and future, in any court whatsoever, and all
bonds, orders, warrants, and other matters attached thereto or deri ved there from '
•
50. All preci ous metals, bunion, coins, jewelry, precious j ewels, semi-precious stones mounts
and any storage boxes within which said items are stored.; "

51 . All tax correspondence, filings, notices, coding, record numbers, and any information
contained therein, wherever and however located, and no matter by whom said information
was obtained, compiled, codifi ed, recorded, stored, analyzed , processed, communicated, or
utilized;
52. All bank accounts, bonds. certificates of deposit, drafts, futures, insurance policies,
investment securities, Individual Retirement Accounts, money market accounts, mutual
funds, notes, options. puts. calls. pension plans, savings accounts, stocks. warrants, 401-Ks,
and the like;
53. All accounts, deposits, escrow accounts, lotteri es, overpayments, prepayments, prizes,
rebates, refunds, returns, T reasury Direct Accounts, claimed and unclaimed funds, and all
records and records numbers, correspondence, and information pertaining thereto or deri ved
there from;
54. All cash, coins, money, Federal Reserve Notes, and Silver Certificates;
55. All drugs, herbs, medicine. medical supplies, cultivated plants, growing plants, inventory,
ancillary equipment, supplies, propagating plants, and seeds, and all related storage facilities
and supplies;
56. All products of and for agriculture, and all equipment, inventories, supplies, contracts,
accoutrements invol ved in the planting, tilling. harvesting. processing. preservation, and
storage of all products of agriculture;
57. All farm, lawn, and irrigation equipment, accessories, attaclunents, hand-tools. implements,
service equipment, parts, and supplies, and storage sheds and contents;
58. All fuel, fuel tanks, containers, and involved or related delivery systems;
59. All metal-working, woodworking, and other such machinery, and all ancillary equipment,
accessories, consumables, power tools, hand tools, inventories, storage cabinets, toolboxes,
work benches, shops, and facilities;
60. All camping, fishing, hunting, and sporting equipment. and all special clothing, materials,
supplies, and baggage related thereto;
61. All rifles and guns and related accessories, and ammunition and the integral components
thereof;
62. All radios, televi sions, communication equipment, receivers, transceivers, transmitters,
antennas, and towers, and all ancillary equipment, supplies, computers, software programs,
wiring, and related accoutrements and devices;
63. All power·generating machines or devices, and all storage, conditioning, control,
distribution. wiring, and ancillary equipment pertaining or attached thereto;

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64. All computers and computer Systems and the information contained therein, as we ll as all
ancillary equipment, printers, and data compress ion or encryption devices and processes;
65. All office and engineering equipment, furniture. ancillary equipment, drawings tools,
electronic and paper files, and items related thereto;
66. All water wells and well-drilling equipment, and all ancillary equipment, chemicals, tools,
and supplies;
67. All shipping, storing, and cargo containers, and all chassis, truck trailers, vans, and the
contents thereof; whether on-site, in transit, or in storage anywhere;
68. All building materials and prefabri cated buildings, and all components or materi als
pertaining thereto, before or during manufacture, transportation, storage, building, erection,
or vacancy while awaiting occupancy thereof;
69. All communications and data, and the methods. devices, and forms of information storage
and retri eval, and the products of any such stored information;
70. All books, drawings, magazines, manuals, and reference materials regardl ess of physical
form:,
7 1. All artwork, paintings, etchings, photographic art, lithographs, and serigraphs, and all fram es
and mounts pertaining or affixed thereto;
72. All food, and all devices, tools, equipment, vehicles, machines, and related accoutrements
involved in food preservation, preparation, growth, transpo rt, and storage;
73. All construction machinery and all ancillary equipment, supplies, materials, fue ls, fuel
additives, supplies, materials, and service equipment pertaining thereto;
74. All medical, dental, optical, prescription, and insurance records, records numbers, and
infonnation contained in any such records or pertaining thereto;
75. The Will of DEBTOR;
76. All inheritances gotten or to be gotten;
77. All wedding bands and rings, watches, wardrobe, and toiletries;
78. AIl household goods and appl iances, linen, furniture, kitchen utensils, cutlery, tableware,
cooking uten sils, pottery, antiques;
79. All busin esses, corporations, companies, trusts, partnerships, limited partnerships,
organizations, proprietorships, and the like, now owned or hereafter acquired, and all books

and records thereof and there from, all income there from, and all accessories, accounts,
equipment, information, inventory, money, spare parts, and computer software pertaining
thereto;
80. All packages, parcels, envelopes, or labels of any kind whatsoever which are addressed to,
or intended to be addressed to, DEBTO~ whether received or not received by DEBTOR;
8 1. All telephone numbers;
82. Any property not specifical ly listed, named, or specifi ed by make, model, serial number,
etc., is expressly herewith included as collateral of DEBTOR.
ADVISORY
All instruments and documents referenced/i temized above are accepted for value, with all related
endorsements, front and back, in accordance with vee § 3-4 19 and House Joint Resolution
192 of June 5, 1933. Thi s Security Agr eement is accepted for value, property of the Secured
Party, and not dischargeable in bankruptcy court as the Secured Party's property is ex empt
from third-party levy. Thi s Security Agreement supersedes all previous contracts or security
agreements between DEBTOR and the Secured Party.
DEBTOR agrees to notify all of DEBTORS fanner creditors, would-be creditors, and any
would-be purchasers of any herein-described Collateral, of this Security Agreement, and all
such personages are expressly so-noticed herewith.
Thi s Security Agreement devolves on the Secured Party's heirs and assigns, who are equally as
authorized, upon taking title to this Security Agreement, as the Secured Party to hold and
enforce said Security Agreement via non-negotiable contract, devise, or any lawful
commercial remedy.
DEFAULT
The following shall constitute the events of default hereunder:
I. Failure by DEBTOR to pay any debt secured hereb y when due;
2. Failure by DEBTOR to perform any obligat ions secured hereby when required to be
perform ed;
3. Any breach of any warranty by DEBTOR contai ned in this Security Agreement; or
4. Any loss, damage, expense, or injury accruing to Secured Party by virtue of the
transmitting-utility function of DEBTOR.

The Secured party reserves the ri ght to satisfy any judgment, lien. levy, debt, or obligation,
whether unsecured, secured, or purported to be secured, against DEBTOR by executing a Bill
of Exchange against the Fidel ity Bond registered herewith.
NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT

NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL
Appli cable to all Successors and Assigns
SIGNATURES
The Secured Party executes this Security Agreement certified and sworn on the Secured
Party's unlimited liability true, correct, and complete, and accepts all signatures in accord with
VCC § 3-419.
BENJAMIN FREEDOM FRANKLIN, DEBTOR [13J
The Benjamin Freed om Franklin, Secured Party (14J
ACKN O WL EDGEMENT
County of Jackson [15) )

) Scilicet
Oregon state [1 6J )
Subscribed and sworn before me this 10th of October, A.D. 2006 117].
WITNESS my hand and official seal.
= :-:c:= = :-::-- - - - - - -- - Seal :

Notary Public
My Comm iss ion Expires _

Data Sheet For:
Security Agreement •
The bracketed numbers [ ] that appear on the Sample Security Agreement indicates the
information to be inpu tted on your Security Agreem ent with the example to the right. Remove all
' number brackets' on your fini shed document.
Item: Data: (Exa m ple)
It I Date S.A. is created and signed October 10, 2004
12] Debtor/Straw-man Name BENJAMIN FREEDOM FRANKLIN
(3) Secured Part)' C red ito r Benjamin Freedom Franklin
14] Debtor's Name & Address BENJAMIN FREEDOM FRANKLIN

P.O. Box 1776
Baltimore, ~1D 21201
IS] UCC Contract Trust AccountlSS# 101-88-1 776
16] Secured Part)' Name & Address Benjamin Freedom Franklin

d o 1776 Redemption Road
Baltimore, Maryland sta te 21201
united States of America
17] Footer - S.A . identifier # 8011717061776-BBF
[8] Secured Part)' Name Benjamin Freedom Franklin
[91 Debtnr/Straw-man Name BENJAMIN FREEDOM FRANKLIN
[10] Secured Party C red ito r Benjamin Freedom Franklin
[111 Debtor/Straw-man Name BENJAMIN FREEDOM FRANKLIN
[12J Bill of Exchange # 6111676233

(You create this number. This Bill of Exchange is used in the future if there is
a third party attack o n any property as listed in the security agreement!)
[13) Debtor/Straw-man Name BENJAMIN FREEDO~I FRANKLIN

.
[14] Secured Party C r ed itor Benjamin Freedom Franklin

[15J Name of COODry Corruption example> .Jackson
[16J Name of State Confusion example> Oregan
1171 Date of SA. Notarized October 10, 2004

SECURITY AGREEMENT
NON-NEGOTIABLE
This Security Agreement is made and entered into this _ th day of 200_ 111 by and
between [2J, DEBTOR, hereinafter "DEBTOR," SOCIAL
SECURITY ACCOUNT NU MBER _ _ ' and 13], Secured
Party, hereinafter "Secured Party," If any part or portion of this Security Agreement is found to
be invalid or unenforceable, such part or portion shall not void any other part or portion as
reasonably segregable from said panes) or portiones). The Parties, hereinafter "Parties," are
identified as follo ws :
DEBTOR (41
--~' --
Social Security Account NumberlOl-88-1776 (5]
Secured Party (61
City, state
united States
- o-::-
f Am-:- erica
NOW, THEREFORE, the Parti es agree as follows:
AGREEMENT
In consideration for the Secured Party providing certain accommodations to DEBTOR. inter alia,
to the Secured Party:
I . Constituting the source, origin, substance, and being, i.e. basis or "pee-existing claim," from
which the existence of DEBTOR was derived and on the basis of which DEBTOR is able to
function as a transmitting utility to conduct Commercial Activity as a conduit for the
transmission of goods and services to the Secured Party, and. to interact, contract, and
exchange goods, services, obligations, and liabilities with other DEBTORS, corporations,
and artificial persons in Commerce;
2. Signing by accommodation for DEBTOR in all cases whatsoever wherein any sign ature of
DEBTOR is required;
3. Issuing a binding commitment to extend credit or for the extension o f immediately available
credit, whether or not drawn upon and whether or not a chargeback is provided for in the
event o f diffi culties in collection;

4. Providing the security for payment of all sums due or owing, o~ to become due
or owing, by DEBTOR; and
5. Constituting the source of the ass ets, via the sentient existence, exercise of faculties, and
labor of the Secured Party, that provide the valuable consideration sufficient to support any
contract which DEBTOR may execute or to whi ch DEBTOR may be regarded as bound by
any person whatsoever, DEBTOR hereby confi rms that this Security Agreement is a duly
executed, signed. and sealed private contract entered into knowin gly. intenti onally, and
voluntarily by DEBTOR and Secured Party, wherein and whereby DEBTOR:
3. Voluntarily enters DEBTOR in the Commercial Registry;
b. Transfers and assign s to the Secured Party a security interest in the Collateral described
herein below; and
c. Agrees to be, act. and function in law and commerce, as the unincorporated. proprietary
trademark of the Secured Party for exclusive and discretionary use by the Secured Party in
any manner that the Secured Party. by Sovereign and Unalienable Right, elects.
PUBLI C LAWFUL NOTICE
Filing of this Security Agreement by the Parties constitutes open, lawful, public notice that:
I . The law. venue, and jurisdiction of this Security Agreement is the ratified, finalized. sign ed,
and sealed private contract freely entered into by and between DEBTO R and the Secured
Party as registered herewith.
2. This Security Agreement is contractually complete herein and herewith and cannot be
abrogated. altered. or amended. in whole or part, without the express. written consent of both
DEBTOR and the Secured Party.
3. DEBTOR is the transmitting utility, and unincorporated, proprietary trademark o f the

Secured Party, and all property of DEBTOR is the secured property of the Secured Party.
4. Any unauthorized use of DEBTOR in any manner that might influence, affect. pertain to, or
be presumed to pertain to the Sec ured Party in any manner is expressly prohibited without
the written consent of the Secured Party.
F IDELITY BO ND
Know all men hy these presents, that DEBTOR, [9[, establishes

this bond in favor of the Secured Party, . [10), in the sum of
present Coll ateral Values up to the penal sum of One Hundred Million United States Dollars
( 100,000,000.00), for the payment of which bond, well and truly made, DEBTOR binds
DEBTOR and DEBTORS heirs. executors. administrators, and third-party assigns, jointly
and severally, by these presents.

The condition of the above bond is: the Secured Party covenants to do certain things on behalf of
DEBTOR, as set forth abo ve in Agreement, and DEBTOR, with regard to conveying goods
and services in Comm ercial Activity to the Secured Party, covenants to serve as a
transmitting utility therefore and, as assurance of fidelity, grants to the Secured Party a
Security Interest in the herein below described Collateral.
Thi s bond shall be in force and effect as of the date hereon and until the DEBTORS Surety,
;::===
.-:::-== -;0 [111, is released from liability by the written order of the
'"'UN
=IT;:;E"'D:-'STATES GOVERNMENT and provided that said Surety may cancel this bond and
be relieved of further liability hereunder by delivering thi rty (30) day written notice to
DEBTOR. No such cancellation shall affect any liability incurred or accrued hereunder prior
to the termination of said thirty (30) day period. In such event of notice of cancellation,
DEBTOR agrees to reissue the bond before the end of said thirty (30) day period for an
amount equal to or greater than the above-stated value of this Security Agreement, unless the
Parties agree otherwise.
INDEMNITY CLAUSE
DEBTOR, without the benefit of discussion or divi sion, does hereby agree, covenant, and
undertake to indemnify, defend, and hold the Secured Party harmless from and against any
and all claims, losses, liabilities, costs, interests, and expenses, hereinafter referred to as
" Claims" or " Claim," which Claims include, without restriction, all legal costs, interests,
penalties, and fines suffered or incurred by the Secured Party, in accordance with the Secured
Party ' s personal guarantee with respect to any loan or indebtedness of DEBTOR, incl uding
any amount DEBTOR might be deemed to owe to any creditor for any reason whatsoever.
The Secured Party shall promptly advise DEBTOR of any Claim and provide DEBTOR with full
detail s of said Claim, inter alia, copy of any document, correspondence, suit, or acti on
received by or served upon the Secured Party. The Secured Party shall fully cooperate with
DEBTOR in any discussion, negotiation, or other proceeding relating to any Claim.
O BLIGATIONS SE C URED
Th e security interest granted herein secures any and all indebtedness and liability whatsoever of
DEBTOR to the Secured Party, whether direct or ind irect, absolute or contingent, due or to
become due, now existing or hereafter arising, and however evidenced.
COLLATERAL:
The collateral to which this Security Agreement pertains to, inter alia, all herein below described
personal and real property of DEBTOR., now owned or hereafter, acquired by DEBTOR, in
which the Secured Party holds all interest. DEBTOR retains possession and use, and rights of
possession and usc, of all collateral, and all proceeds, products, accounts, and fixtures, and
the Orders there from, are released to DEBTOR.

Before any of the below-itemized property can be disbu rsed, exchanged, sold, tendered,
forfeited, gifted, transferred, surrendered, conveyed, destroyed, disposed of, or otherwise
removed from DEBTORS possession, Dishonor Settlement Agreement Bill of Exchange
# 1121 held by the Secured Party must be satisfied in full and
acknowledgment of same completed.
I. AlI proceeds, products, accounts, and fixtures from crops, mme head, wellhead, with
transmitting utilities, etc.;
2. All rents, wages, and income;
3. All land, mineral, water, and air rights;
4. All cottages, cabins, houses, and buildings;
5. All bank accounts, bank "safety" deposit boxes and the contents therein, credit card accounts,
mutual fund accounts, certificates of deposit accounts, chec king accounts, savings accounts,
retirement plan accounts, stocks, bonds, securities, and benefits from trusts;
6. All inventory in any source;
7. All machinery, either farm or industrial;
8. All boats, yachts, and water craft, and all equipment, accoutrements, baggage, and cargo
affixed or pertaining thereto or stowed therein, inter alia: all motors, engines, ancillary
equipment, accessories, parts, tools, instruments, electronic equipment, navigation aids,
service equipment, lubricants, and fuels and fuel additives;
9. All aircraft, gliders, balloons, and all equipment, accoutrements, baggage, and cargo affixed
or pertaining thereto or stowed therein, inter alia: all motors, engines, ancillary equipment,
accessories, parts, tools, instruments, electronic equipment, navigation aids, service
equipment, lubricants, and fuels and fuel additives;
10. All motor homes, trailers, mobile homes, recreational vehicles, house, cargo, and travel
trailers, and all equipment, acco utrements, baggage, and cargo affixed or pertaining thereto
or stowed therein, inter alia : all ancillary equipment, accessories, parts, service equipment,
lubricants, and fuels and fuel additives;
11 . All livestock and animals, and all things required for the care, feeding, use, and
husbandry thereof;
12. All vehicles, autos, trucks, four-wheel vehicles, trailers, wagons, motorcycles, bicycles,
tricycles, wheeled conveyances;
13. All computers, computer-related equipment and accessories, electronically stored files or
data, telephones, electronic equipment, office equipment and machines;
REDEMPTION MANUAL FOURTH EDmON 4.2 314

14. All visual reproducti on systems, aural reproduction Sys tems, moti on pictures, films, video
tapes, audio tapes, sound tracks, compact discs, phonograph records, film, video and aural
production equipment, cameras, projectors, and musical instruments;
15. All manuscripts, booklets, pamp hlets, treatises, treatments, monographs, stories, written
material. libraries, plays, screen plays , lyrics, songs, music;
16. All books and records of DEBTOR;
17. All Trademarks, Registered Marks, copyrights, paten ts. proprietary data and technology.
inventions, royalties, good will;
18. All scholastic degrees, diplomas, honors, awards, meritorious citations;
19. All records, diaries, j ournals, photographs, negatives, transparencies, images. video footage,
film footage, drawings, sound records, audio tapes, video tapes, computer production or
storage of all kinds whatsoever, of DEBTOR;
20. All fingerprints, footprints, palm prints. thumbprints, RNA materials, DNA materials, blood
and blood fractions, biopsies, surgically removed tissue, bodily parts, organs, hair. teeth,
nails. semen. urine. other bodily fluids or matter. voice-print, retinal image, and the
descriptio ns thereo f. and all other corporal identification factors, and said factors physical
counterparts. in any fonn, and all records, record numbers. and information pertaining
thereto;
21 . All biometrics data, records, information, and processes not elsewhere descri bed. the use
thereof; and the use of the information contained therein or pertainin g thereto;
22. All Rights to obtain, use. request, or refuse or authorize the admini stration of. any food,
beverage, nourishment, or water, or any substance to be infused or injected into. or affecting
the body by any means whatsoever,
23. All Rights to request. refuse, or authorize the administration of; any drug, manipulation.
material, process, procedure, ray. or wave which alters. or might alter the present or future
state of the body, mind, spirit, or will by any means, method, or process whatsoever;
24. All keys, locks. lock combinations, encryption codes or keys, safes, secured places, and
security devices, security programs, and any software, machi nery, or devices related thereto;
25. All Rights to access and use utilities upon payment of the same unit costs as the comparable
units of usage offered to most-favored customers. inter alia, cable, electricity. garbage, gas.
internet, satellite. sewage, telephone. water. www (computer services). and all other methods
of communication. energy transmission, and food or water distribution ,'
26. All Rights to barter. buy, contract. sell. or trade ideas. products, services. or work;

27. All Rights to create, invent, adopt, utilize, or promulgate any system or means of currency,
money, medium of exchange, coinage, barter, economic exchange, bookkeeping, record-
keeping, and the like;
28. All Rights to use any free, rented, leased, fixed, or mobile domicile, as though same were a
permanent domicile, free from requirement to apply for or obtain any government license or
permission and free from entry, intrusion, or surveillance, by any means, regardless of
duration of lease period, so long as any required lease is currently paid or a subseq uent three-
day grace period has not expired;
29. All Rights to man age, maneuver, direct, guide, or travel in any form of automobile or
motorized conveyance whatsoever without any requirement to apply for or obtain any
government license, permit, certificate, or permission of any kind whatsoe ver;
30. All Righ ts to marry and procreate children, and to rear, educate, train, guide. and spiritual ly
enlighten any such children, without any requirement to apply for or obtain any government
license, permit, certificate, or permission of any kind whatsoever;
3 1. All Rights to buy, sell, trade, grow, raise, gather, hunt, trap, angle, and store food, fiber, and
raw materials for shelter, clothing, and survival;
32. All Rights to exerci se freedom ,of religion, worship, use o f sacraments, spiritual practice, and
expression without any abridgment of free speech, or the right to publi sh. or the right to
peaceably assemble. or the right to petition Government for redress of grievances, or petition
any military force of the United States for physical protection from threats to the safety and
integrity of person or property from either "public" or "private" sources;
33. All Rights to Keep and Bear Anns for self-defense of self; family, and parties entreating
physical protection of person or property;
34. All Rights to create, preserve, and maintain inviolable, spiritual sanctuary and rec eive into
same any and all parties requesting safety and shelter;
35. All Rights to create documents of travel of every ki nd whatsoever. inter alia, those
signifying diplomatic status and immunity as a free. indep endent, and Sovereign State-in-
fact;
36 . All claims of ownership or certificates of title to the corporeal and incorporeal

hereditaments, hereditary succession. and all innate aspects of being, i.e. mind, body, soul,
free will. faculties, and self;
37. All Rights to privacy and secu rity in person and property, inter alia, all Rights to safety and
security of all household or sanctuary dwellers or guests, and -all papers and effects
belonging to DEBTOR or any household or sanctuary dwellers or guests, against
governmental. quasi-governmental, de-facto governmental, or private intrusion, detainer,
REDEMPTION MANUAL FOURTIi EDITION 4.2 316

entry, seizure, search, surveillance, trespass, assault, summ ons, or warrant, except with proof
of superior claim duly fi led in the Commercial Regi stry by any such intruding party in the
pri vate capacity of such intruding party, notwithstanding whatever purported authority,
warrant, order, law, or color of law may be promulgated as the authority for any such
intrusion, detainer, entry, seizure, search, surveillance, trespass, assault, summons, or
warrant;
38. All names used and all Corporations Sole executed and filed, or to be executed and filed ,
under said names;
39. All intellectual property, inter alia, all speaking and writing;
40. All signatures and seals;
41 . All present and future retirement incomes, and rights to such incomes, issui ng from any of
DEBTORS accounts;
42 . All present and future medical and healthcare rights, and rights owned through
survivorship, from any of DEBTORS accounts;
43 . All applications, filin gs, correspondence, information, identifyi ng marks, image licenses .or
travel documen ts, materi als, permits, registrations, and records and records numbers held by
any entity, for any purpose, however acquired, as well as the analyses and uses thereo f, and
any use of any information and images contained therein. regardless of creator, method,
location, process, or storage form , inter alia, all processed algorithms analyzin g, classifying,
comparing, compress ing, displ aying, identifying, processing, storing, or transmitting said
appl ications, filings, corres pondence, information, identifying marks, image licenses or travel
documents, materials, permits, registrations, and records and records numbers, and the like;
44. All library cards;
45 . All credit, charge, and debit cards. and mortgages, notes, applications, card numbers, and
associated records and information;
46. All credit of DEBTOR;
47. All traffi c citations/tickets;
48. All parking citations/tickets;
49. All court cases and judgments, past, present. and future, in any court whatsoever, and all
bonds. orders, warrants, and other matters attached thereto or derived there from ;
50. All precious metals, bullion, coins. jewelry, precious j ewels, semi-precio us stones, mounts,
and any storag e boxes within which said items are stored;
REDEMPTION MANUAL FOURTH EDm ON 4.2 317

51. All tax correspondence, filings, notices, coding, record numbers, and any information
contained therein, wherever and however located, and no matter by whom said inform ation
was obtained, compiled, codified, recorded, stored, analyzed, processed, communicated, or
utilized;
52. All bank accounts, bonds, certificates of deposit, drafts, futures, insurance policies.
investmen t securities, Individual Retirement Accounts, money market accounts, mutual
funds, notes, options, puts, calls, pension plans. savings accounts. stocks, warrants, 401-Ks,
and the like;
53. All accounts, deposits, escrow accounts, lotteries, overpayments, prepayments, pn zes,
rebates, refunds, returns, Treasury Direct Accounts, claimed and unclaimed funds, and all
records and records numbers, correspondence, and information pertaining thereto or derived
there from;
54. All cash. coins, money. Federal Reserve Notes, and Silver Certificates;
55. All drugs, herbs, medicine, medical supplies, culti vated plants, growing plants, inventory.
ancillary equipment, supplies, propagating plants, and seeds, and all related storage facilities
and supplies;
56. All products of and for agriculture, and all equipment, inventories, supplies, contracts,
accoutrements involved in the planting, tilling, harvesting, processing, preservation, and
storage of all products of agriculture;
57. All farm, lawn. and irrigation equipment, accessories, attachmen ts, hand-tool s, implements,
service equip ment. parts, and supplies, and storage sheds and contents;
58. All fuel, fuel tanks, containers , and involved or related delivery systems;
59. All metal-working, woodworking, and other such machinery, and all ancillary equipment,
accessories, consumables, power tools, hand tools, inventories, storage cabinets, toolboxes,
work benches, shops, and facilities;
60. All camping, fishing, hunting, and sporting equipment, and all special clothing, materials,
supplies, and baggage related thereto;
61. All rifles and guns and related accessori es. and ammunition and the integral components
thereof;
62. All radios, televisions, communication equipment, receivers, transceivers, transmitters,

antennas, and towers, and all ancillary equipment, supplies, computers, software programs,
wiring, and related accoutrem ents and devices;
63. All power-generating machines or devices, and all storage, conditioning, control,
distribution. wiring. and ancillary equipment pertaining or attached thereto;

64 . All computers and computer Systems and the inform ation contained therein, as well as all
anci llary equipment, prin ters , and data compression or encryption devices and processes;
65. All offi ce and engineering equipment, furniture, ancillary equipment, drawings tools,
electronic and paper files, and items rel ated thereto;
66. All water wells and well-drilling equipment, and all ancillary equipment, chemicals, tools,
and supplies;
67. All shipping, storing, and cargo containers, and all chassis, truck trailers, van s, and the
contents thereof; whether on-site, in transit, or in storage anywhere;
68. All building materials and prefabricated bui ldings, and all components or materials
pertai ning thereto, before or during manufacture, transportation, storage, building, erection,
or vacancy while awaiting occupancy thereof;
69. All communications and data, and the methods, devices, and forms of inform ation storage
.',<- and retrieval, and the products of any such stored information;
70. All books, drawings, magazines, manuals, and reference materials regardless of physical
form;
7 1. All artwork, paintings, etchings, photographic art, lithographs, and serigraphs, and all frames
and mounts pertaining or affixed thereto;
72. All food, and all devices, tool s, equipment, vehicl es, machines, and related accoutrements
involved in food preservation, preparation, growth, transport, and storage;
73. All construction machinery and all ancillary equipment, supplies, materials, fuels, fuel
additives, supplies, materials, and service equipment pertaining thereto;
74. All medical , dental, opti cal, prescripti on, and insuran ce records, records numbers, and
information contained in any such records or pertaining thereto;
75. Th e Will of DEBTOR;
76. All inheri tances gotten or to be gotten;
77. All wedding bands and rings, watches, wardrobe, and toiletries;
78. All ho usehold goods and appliances, linen, furniture, kitchen utensils, cutlery, tableware,
cooking utensils, pottery, antiques;
79. All businesses, corporations, companies, trusts, partnerships, limited partnerships,

organizations, proprietorships, and the like, now owned or hereafter acquired, and all books

and records thereo f and there from, all income there from, and all accessories, accounts,
equipment, info rmation, inventory, money, spare parts. and computer software pertaining
thereto;
80. All packages, parcels, envelopes, or labels of any kind whatsoever which are addressed to,
or intended to be addressed to, DEBTOR, whether received or not received by DEBTOR;
81. All telephone numbers;
etc., is expressly herewith included as collateral of DEBTO R.
ADVISORY
82. Any property not specifically listed, nam ed, or specified by make, model, serial number,
All instruments and documents referenced/itemi zed above arc accepted for value, with all related
endorsements, front and back, in accordance with vec § 3-4 19 and House Joint Resolution
192 of June 5, 1933. This Security Agreement is accepted for value, property of the Secured
Party, and not dischargeable in bankruptcy court as the Secured Party(s) property is exempt
from third-party levy. This Security Agreement supersedes all previous contracts or security
agreements between DEBTOR and the Secured Party.
DEBTOR agrees to notify all of DEBTORS former creditors, would-be creditors, and any
would -be purchasers of any herein-described Collateral, of this Security Agreement, and all
such personages are expressly so- noticed herewith.
This Security Agreement devol ves on the Secured Party's heirs and assigns, who arc equally as
authorized, upon taking title to this Security Agreement, as the Secured Party to hold and
enforce said Security Agreement via non-negotiable contract, devise, or any lawful
commercial remedy.
DEFA ULT
The following shall constitute the events of default hereunder:
I. Failure by DEBTOR to pay any debt secured hereby when due;
2. Failure by DE BTOR to perform any obligations secured hereby when required to be

performed;
3. Any breach of any warranty by DEBTOR contained in this Securi ty Agreement; or
4. Any loss, damage, expen se, or injury accruing to Secured Party by virtue of the
transmitting-util ity function of DEBTOR.
REDEMPTION MANUA L FOURTH EOITION 4.2 320

The Secured Party reserves the right to satisfy any judgment, lien, levy, debt, or obl igation,
whether unsecured, sec ured, or purported to be secured, against bEBTOR by executing a Bill
of Exchange against the Fidelity Bond registered herewith.
NOT ICE TO THE PRINCIPAL IS NOTICE TO THE AGENT
NOTICE TO THE AGENT IS NOTICE TO THE PRINClPAL
Applicable to all Successors and Assigns
SIGNATURES
The Secured Party executes this Security Agreement certified and sworn on the Secured
Party's unlim ited liability true, correct, and complete, and accepts all signatures in accord with
UCC § 3-4 19.
_ _ _ _ _ _ _ _ _ , DEBTOR [I31
The , Secured Party 114)
ACKNOWLEDGEI\IENT
Co unty of [IS] )
) Scilicet
_ _ _ _ _ _ state (16) )
Subscribed and sworn before me this of_ _ ~, A.D. 2006 (17). WITNESS my hand and
o fficial seal.
_ __ _ _ _ _ _ _ _ _ _ "(Seal)
Notary Public
My Commission Expires _

Note; the above ' spa ce' number 1121is for a Bill of Exchange number you create and place in
the space. for any third party attack on the property in the future . In that event, you prepare an
appropriate cover letter wi th an attached Bill of Exchange. as delivered to them to make the
exchange if they want the property!

POWER OF ATTORNEY
Th is document is a lim ited power of attorn ey . It is signed by the DEBTOR giVing
the SECURED PARTY (flesh and blood you) the power t o act in conducting the
DEBTOR'S business, incl udin g signing papers, che cks, title documents, contracts,
handling ban k accounts and any other com m ercial activ ity. With the complet ion of
th is document you becom e the agent or "Attorney I n Fact " f or the DEBTOR, signin g
documents as " Benjamin Fr eedom Frank lin, Attorney I n Fact for BENJAMIN
FREEDOM FRANKU N."
1. Place the bonus CD in your drive an d open the fi le: " Power of Attorney ". You
can use the sam ple to gUide yo u in preparing your Power of Attorn ey . For
those of you, who do not ha ve the Bonus CD, t he samples f ollow these
instructions.
2. Now open the fi le " Power of Attorney ", and Double-cli ck on t he fo oter
section. Replace the single inst ance of UNIQU E_ID with th e do cument id that
you ha ve chosen for yo ur Power of Attorney, and the single instance of
SP_ NAME. After replacing each identifier, click the button toolbar to deselect
the bold text, and change the font color ba ck to bla ck with the drop-down
tool on the tootber. When you are done, close t he pop -up t ool bar and go to
the top of t he document.
3 . Scan the pages called ou t in the tab le bel ow and re place each identifier listed
in the ta ble with you r personal inf orm ati on. All identifiers are color coded in
bold t ext f or easy identifi cat ion. Afte r r eplacin g each ident ifi er, click th e [!]
button on tool bar t o deselect the bold text, and change the font color back to
black with the ~ drop-down t ool on the too lbar.
Docum ent Pi!.9-e # Item # Identifier

Power of Attorney 1 1 DT NAME
2 SP NAME
3 DT NAME
4 DT NAME
5 SP NAME
2 1 DAY NO
2 MONTH NAME
3 YEAR NO
4 STATE NAME
5 COUNTY NAME

POWER OF ATTORNEY
LIM/TED
Know All Men by These Presents: That 1, BENJAMIN FREEDOM FRANKLIN (I) , the Debtor,
corporate entity, and <ens legis, ' the un dersigned, hereby make. constitute and appoints Benj amin
Freedom Franklin [2J, herein, the flesh and blood man, a living soul, the Secured Party/Creditor
as my true and lawfully Att orney-in-fact for me and in my corporate capacity (LLC), place and
stead and for my personal and commerci al use and benefit:
1. To ask, demand, request, file, sue, recover, register, collect and receive each and every sum
of money, credit, account legacy, bequest, interest, di vidend, annuity and demand (which now is
or hereafter shall become due, owing or payable or dischargable) belonging to or accepted or
claimed by me, or presented to the DEBTOR; BENJAMIN FREEDOM FRANKLIN 13), (a
corporate entity) and to use and take any lawful and/or commercial means necessary for the
recovery thereof by legal or commercial process or otherwise, and to execute and deliver or
receive a sati sfaction or release therefore, together with the right and power to settle,
compromise, compound and or di scharge any clai m or ini tiate any administrative claim for
damages or make any necessary demands;
2. To exerci se any or all of the foll owing powers as to all kinds of personal property, pri vate
property and any property. goods. wares and merchandise, choses in action and other property in
possession or where a securi ty interest is establish ed and to or in oth er actions;
3. To secure by private registration the interest, or the security interest in any or all property
where necessary. to accept for value and to discharge any and all debts for fine. fee, or tax where
necessary, to cause the commercial adj ustment of any such account held open against the
DEBTOR-BENJAMIN FR EEDOM FRANKLIN [4); to usc where necessary any Sight
DraftslMoney Orders, Bills of Exchange to finalize any of the above in my behalf;
4. To open any Checking accounts whereupon being 'closed, ' to discharge any fines. fees. taxes
and debts via adjustment and set-o ff.
5. To create, amend, supplement and or terminate any trust or the RES created by the
government (District of Columbia) and ratified or exercised in any manner by any other State;
6. To request, retrieve. file. submit, or otherwise, any papers in my behalf for any matter
whether commercial, quasi-judicial. administrative, or otherwise and to sign my legal corporate
name as my act and deed, to execute and deliver same for any redress or remedy, claim, suit or
otherwi se.
GIVING AND GRANTING, unto my said Attorney-in-fact full power and authority to do and
perform all and every act and thing whatsoever requisite, necessary or appropriate to be done in
and about all matters as fully to all intents and purposes as I might or could do if I was personally
present, and hereby ratifying all that my Attorney-in-fact shall lawfully do or cause to be done by
virtue of these presents. The powers and authority hereby conferred upon my said Attorney-in-
fact shall be applicable to all real and pri vate property, personal property or interest therein now
REDEMPTION MANUAL FOURTH EDm ON 4.2 324

owned or hereinafter acquired by me as the .ENS LEGI S/LLC and wherever situate, and as
evidenced by a filed security interest. .
My said Attorney-in-fact: Benjamin Freedom Franklin 151 is empowered hereby to determine in

his sole discretion the time, purpose for and manner in which any power herein conferred upon
him shall be exercised, and the conditions, provisions and covenants of any instrument(s) or
docwnent(s) which may be executed by him pursuant hereto; and in the acqui sition or
distribution of real, personal or private property. my said Attorney-in-fact shall have exclusive
power to fix the terms or amounts thereof for cash, funds, credit and/or affecting all property.
including rights, titles, interest to same and if on/for credit - with or without security.
When the context so requires, the masculine gender includes the feminine and/or neuter, and the
singular numbers includes the plural.
WITN ESS my hand this day of " 2006, A.D. (6)
BENJAMIN FREEDOM FRANKLI N
_ _ _ __ _ _ _ _ _ _ (1 )
Secured Party
I S/ ---= 17J
_ _ _ _ _ _ _ _ __ _ 12)
AC KN O W LE DGE~ IENT
Co unty of Maryland (81 )

) Scilicet
Maryl and state (9) )
Subs cribed and sworn before me this 1st of October, A.D. 2006. )10)
_ _ _ _ _ _ _ _ _ _ _ _ _ (Seal)
Notary Public
My Commission Expires _
REDEMPTION MAN UAL FOURTH EDITION 4.2 325

Data Sheet For: .
Power of Attorney
The bracketed numbers [ ] that appear on the Sample Power of Attorney indicates the
information to be inpuned on your Power of Attorney with the example to the right. Remove all
'number brackets' on your finished document.
Item: Data: (E xa mple)
IIJ Debtor/Straw-man Name BENJAMIN fREEDOM FRANKLI N
(2] Secured Party Name Benjamin Freedom Franklin
13/ Debtor/Straw-man Name BENJAMIN FREEDOM FRANKLIN
14] Debtor/Straw-man Name BENJAMIN FREEDOM FRANKLIN
/5) Secured Party Name Benjamin Freedom Franklin
16/ Date Power of Attorney is 10111 day of October, 2004

creat ed, signed and Not a r ized
[7) Debtor/Straw-man Name BEl'iJAl\IIN FREEDOM FRANKLI N
[8) Secured Party Name Benjamin Freedom Franklin

Sign ed in Blue Ink
(9) Secured Party Name Benjamin Freedom Franklin

•.•typed.
1101 Name aC County Corruption .•. example> Jackson
(11/ Name of State Confusion ... example> Maryland
112] Date of P.O.A. Notarized October 10,2004
113) Signature of Secured Party after Notarizing
[141 Power of Attorney identifier # 3011 71706177601 -BBF

POWER OF ATTORNEY
LIMITED
Know All Men by These Presents : That I, (I), the Debtor,

corporate entity, and 'ens legis,' the undersigned, hereby make, constitute and appoints =- :-c--
121, herein, the fl esh and blood man, a Jiving soul, the Secured Party/Creditor
as my true- an
----;d-;l"C
awfully Attorney-in-fact for me and in my corporate capacity (LLC), place and
stead and for my personal and comm ercial use and benefit:
I. To ask, demand, request, file, sue, recover, register, collect and receive each and every sum
of money, credit, account legacy. bequest, interest, dividend, annu ity and demand (which now is
or hereafter shall become due, owi ng or payable or dischargable) belonging to or accepted or
claimed by me, or presented to the DEBTOR; (31, (a corporate
entity) and to use and take any lawful and/or commercial means necessary for the recovery
thereof by legal or commercial process or otherwise, and to execute and deliver or receive a
sati sfaction or release therefore, together with the right and power to settle, compromi se,
compound and or discharge any claim or initiate any administrative claim for damages or m ake
any necessary demands;
2. To exercise any or all of the following powers as to all kinds of personal property, pri vate
property and any property, goods, wares and merchandise, choses in action and other property in
possession or where a security interest is establi shed and to or in oth er actio ns;
3. To secure by private registration the interest, or the security interest in any or all property
where necessary, to accept for val ue and to discharge any and all debts for fi ne, fee, or tax. where
necessary, to cause the commercial adjustment of any such account held open against the
DEBTOR- (4); to use where necessary any Sight DraftslM oney
Orders, Bills of Exchange to finali ze any of the above in my behalf
4. To open any Checking accounts whereupon being ' closed, ' to discharge any fines, fees, taxes
and debts via adjustment and set-o ff.
5. To create, amend, supplement and or terminate any trust or the RES created by the
government (Di strict of Columbia) and ratified or exercised in any manner by any other State;
6. To request, retrieve, file, submit, or otherwise, any papers in my behalf for any matter
whether commercial, quasi-judicial, administrative, or otherwise and to sign my legal corporate
nam e as my act and deed, to execute and deliver same for any redress or remedy, claim, suit or
otherwise.
GIVING AND GRANTING, unto my said Attorney-in-fact full po wer and authority to do and
perform all and every act and thing whatsoever requisite, necessary or appropriate to be done in
and about all matters as fully to all intents and purposes as I might or could do ifI was personally
present, and hereby ratifying an that my Attorney-in-fact shall lawfully do or cause to be done by
virtue of these pr:sents. The .powers an~ authority hereby conferred upon my said Attorney-in-
fact shall be applicable to all real and pnvate property, personal property or interest therein now

owned or hereinafter acquired by me as the 'ENS LEGISII.;LC and wherever situate. and as
evidenced by a filed security interest.
My said Attorney-in-fact: IS) is empowered hereby to determine in

his sole discretion the time. purpose for and manner in which any power herein co nferred upon
him shall be exercised. and the conditions. provisions and covenants of any instrument(s) or
document(s) wh ich may be executed by him pursuant hereto; and in the acquisition or
distribution of real. personal or private property. my said Attorney -in-fact shall have ex clusive
power to fix the terms or amounts thereof for cash. funds. credit and/or affecting all property.
includ ing rights. titles. interest to same and if on/ for credit - with or without security .
When the co ntext so requires, the masculine gender includes the feminine and/or neuter, and the
singular numbers incl udes the plural.
WITNESS my hand this _ _ --'day of , 2006, A.D. [6]
DEBTOR' NAlvl E HERE
_ _ _ _ __ _ _ _ _ _ _ 111
Secured Party:
IS/ --;::.,---_17I
_ _ _ __ _ _ _ _ 12]
ACKNOWL EDGEM ENT
County of 18] )
) Sci licet
_ _ _ _ _ state 19] )
Subscribed and sworn before me this of _ _., A.D. 2006 . [101

_ _ __ _ _ __ _ _ _ _ (Seal)
Notary Public

COMMO N LAW COPYRIGHT
The name of the child, created by your parents, was taken by the agents of a corporate
governmental entity at birth and construed to ALL CAPS to establish a juridical person-ENS
LEGIS-Straw-man-Debtor for tax and commercial purposes. Your name in ALL CAPS is
being used to create a benefi t for another through endorsements on commercial instruments
generated from the registration of the newborns given name by collusion wi th another fonn of
identification, registered by the taking Person of the STATE. The purpose of executing a
common law copyright is to retroactively secure ' copyright' on the name of your debtor as well
as your name, so that the 'name' cannot be used in commerce to make profit (so-called money)
without your permission. The copyright notice clears the presumed interest in title that the
5TATE assumes from simple possession fro m evidence o f title they hold in thei r records, so that
you may share in thi s benefit of Use. You can use th is to your advantage against thi rd parties
making clai ms against the debtor, usually the units of local, state, and federal government, or to
prevent a corporation from making money on the name of the debtor, e.g., credit reporting
agencies, unless they have contracted with you for permi ssion. You must provide them with a
license so that they can correct the record . License creation is beyond the scope of this book and
will he taught to members of the Sovereign Earth Alliance.
I. Place the bo nus CD in your drive and open the file: "S PC DocumentslUCC-1
Referenced/Security Agreement/sample Copyright". You can use the sample to guide yo u
in preparing yo ur Common Law Co pyright. For those of yo u w ho do not have the Bonus
CD, the samples follow these instructions.
2. Now open the file " SPC DocumentslUCC- 1 Referenced/Security Agreement/generic

Copyright", and Double-click on the footer section. Replace the single instance of
UNIQUE_ID with the document id that you have chosen for your Common Law
Copyright. When you are done, close the pop-up toolbar and go to the top o f the
document.
3. Scan the pages call ed out in th e table below and replace each identifier listed in the table
with your person al information. All identifiers are color coded in bo ld text for easy
[!]
identification. After rep lacing ea ch identifier, click the button on toolbar to desel ect
the bold text , and change the font color back to black with the!:. drop-down tool on the
toolbar.
Docu ment P!!!l!' # Item # Identifier

Common Law C~ t 1 1 DT NAM E
2 SP NAM E
3 SP NAME
4 SP NAM E
5 DT NAME
6 DT NAM E
7 DT NAM E
8 U NI~U E ID ( HHAl ,
9 DAY ND
10 MDNTH ND
11 YEAR SPELLED
12 DT NAME
13 SP NAME
14 DT NAME
15 SP NAME
16 SP NAME
2 1 DT NAME
2 SP NAME
3 DD MDNTH YEAR ( ~ed l
3 1 MDNTH AND DAY

2 YEAR ND
3 DT NAME
There are two important points of clarification in regard to the Common Law Copyright that are
new to this edition of the Redemption Manual . It is not necessary to publish the text of the
copyright in a newspaper or post it in your local courthouse-it will only he necessary to give
notice as the need arises. The following case cite from, Mullan e v. Central Hanover Bank &
Trust, has been brought forward and is the basis of this change in procedure. We provide the
following abstract for your reference:
" The adequacy of notice depends on the peculiarities of the particular case. To quote
Justice Jackson writing f or the Court in Mullane. "But when notice in a person's due
process which is a mere gesture is not due p rocess." 339 US. at p. 315
It is from this pint. that I examine the claimant's position. In doing so, I do not give any
weight to the fact ofthe publications in the Law Bulletin. As noted by Justice Jackson,
"c.. it is too much in our day to suppose that ... (anyone) does or could examine all that
is published to see if something may be tucked away in it that affects his p roperty
interests. .. Mullane. supra p. 320.
To begin this analysis, Mr. Cleves had notice of the seizure on April 22, 1992. This
notice was actual. From that day forward he was aware the government had by "force
ofarms " taken from him what some might say was a substantial sum ofmoney. Clearly.
from the point he had notice his interest in these funds was in j eopardy.
Mr. Cleves has cited no case, nor can this Court find any decision which requires the
government to serve him with actual notice ofthe forfeiture proceeding. Indeed, that is
not the standard. This Court must determine whether based on the totality of the
circumstances. the method used was reasonably calculated to appraise Mr. Cleves of
the pendency of the action and to afford him an opportunity to present his objections.
Mullane. supra., p 314. In mailing notice ofthe action to Mr. Cleves at his only kno wn
address. the government satisfied the requirements of the Due Process clause of the
United States Constitution. See Menn onite Bd. Of Missions v, Adams (1983) 462 u.s.

791 ; United States v. Clark (ld' Cir., 199684 F.3d 3 78~ Maxwell v. Downs (8" cir. ,
1995) 68 F. 3d 1030; Williams v. United States D.E.A. (1' Cir.. 1995) 51 F. 3'd 732. It
is irrelevant that the mailing was returned "unclaimed " or "unknown", as the
-
adequacy 0/ notice is measured at the time sent. See Sari! v. Drug Enforcement
Administration tr ' Cir., 1993) 98 7f 2d 10,14."
-
The second refinement in the management of the Common Law Copyright is the need to provide
a license for a one time use as the need arises, so that agents of the state and corporations who -
have been fraudulently using your name can go in and correct the record according to your
request or presentment. This is an advanced topic and can only be used when you have the
standing to do so.
-
-
-
-
Common Law Copyright Notice
Co mmon L aw Copvrigbt Notice: All rights reserved re; common-law copyright of

trade-name/trademark, BENJAMIN FREEDOM FRANKLIN /) [1 ) as well as any and all
derivatives and variations in the spelling of said trade-names/trademarks . Copyright 1974 121-
(18t .ll Birtb-Da y-Year-remove this line in final doc!), by Benjamin Freedom Franklin(3) . Said
trade-names/trademarks, O. may neither be used, nor reproduced, neither in whole nor in part,
nor in any manner whatsoever, without the prior, express, written consent and acknowledgment
of Benjamin Freedo m Frankl in jd] as signified by the blue-ink signature of Benjamin Freedom
Franklin[2]. hereinafter 'Secured Party.' With the intent of being contractually bound, any
Juristic Person, as well as the agent of said Juristic Person, consents and agrees by this Copyright
Notice that neither said Juristic Person, nor the agent of said Juristic Person, shall display, nor
otherwise use in any manner, the trade-name/trademark. nor common-law copyright described
herein, nor any derivative of, nor any variation in the spelling of, said name without prior,
express. written consent and acknowledgment of Secured Party, as signifi ed by Secured Party's
signature in.blue ink. Secured Party neither grants, nor implies, nor otherwise gives consent for
any unauthnrized use of BENJAMIN FREEDOM FRAN KLIN/), [5J and all such unauthorized
use is strictly prohibited. Secured Party is not now, nor has Secured Party ever been. an
accommndation party, nor a surety, for the purported debtor, i.e. "BENJAMIN FR EEDOM
FRANKLIN©, (6)" nor for any derivati ve of, nor for any variation in the spelling of, sa id name,
nor for any other juristic perso n, and is so-indemnified and held harmless by Debtor, i.e.
"BENJAMIN FREEDOM FRANKLIN©, 171" in Hold-harml ess and Indemnity Agreement No.
00000000000000 dated the 30th Day of the 6th Month in the Year of O nr Lord T wo-
T hou sa nd and Four 18) against any and all claims, legal actions, orders, warrants, j udgments,
demands, liabilities, losses, depositions, summonses, lawsuits, costs, fines, liens, levies,
penalties, damages, interests, and expenses whatsoever, both absolute and contingent, as are due
and as might become due, now existing and as might hereafter arise, and as might be suffered by,
imposed on, and incurred by Debtor for any and every reason, purpose, and cause whatsoever.
Self-executing Contract I Security Agreement in Event of Unauthorized Use: By this Copyright
Notice, both the Juristic Person and the agent of said Juristic Person, hereinafter jointly and
severally "User," consent and agrcc that any use nf "BENJAMIN FREEDOM FRANKLIN©,
19)", other than authorized use as set forth above; constitutes unauthorized use of Secured Party ' s
copyrighted property and contractually binds User. This Notice by Declaration becomes a
Security Agr eement wherein User is a debtor and ' Upper and Lower Case Name Here ' is
Secured Party, and signifies that User: ( I) grants Secured Party a security interest in all o fUser's
property and interest in property in the sum certain amount of $500,000.00 per each trade-
name/trademark used. per each occurrence of use (violation/infringement), plus triple damages,
plus costs for each such use. as well as for each and every use of any and all derivatives of, and
variatinns in the spelling of, "B ENJAMIN FREEDOM FRANKLIN©, [1 OJ"; (2) authenticates
this Security Agreement wherein User is debtor and Benjamin Freedom Franklinl l l ] is Secured
Party, and wherein User pledges all of User's property, i.e. all consum er goods, farm products,
inventory, equipment, money, investment property, commercial tort claims, letters of credit.
letter-of-credit rights. chattel paper, instruments, deposit accounts, accoun ts, documents and
general intangibles, and all User's interest in all such foregoing property, now owned and
REDEMPTION MANUAL FOURTH EOITION 4.2 3 32

hereafter acquired, now existing and hereafter arising, and wherever located, as collateral for
securing Users contractual obligation in favor of Secured Party for User's unauthorized use o f
Secured Party's copyrighted property; (3) consents and agrees with Secured Party' s filing nf a
vee Financing Statem ent wherein User is debtor and Benjamin Freedom Franklin (l 2] is
Secured Party; (4) consents and agtees that said uec Financing Statement described above in
paragraph "(3)" is a continuing financing statement, and further consents and agrees with
Secured Party's filing of any continuation statement necessary for maintaining Secured Party ' s
perfected security interest in all of User's property and interest in property pledged as collateral
in Security Agreement described above in paragraph "(2)," until User's contractual obl igation
theretofore incurred has been fully satisfied; (5) authorizes Secured Party' s filing of any uee
Financing Statement, as described above in paragraph "(3)," as well as in paragraph "(4)," and
the fili ng of any Security Agreement, as described above in paragraph "(2)," in the uec filing
office; (6) consents and agrees that any and all such filings described in paragraph "(4)" and
"(5)" above are not, and may not be considered, bogus, and that User will not claim that any such
filing is bogns; (7) waives all defenses; and (8) appoints Secured Party as Authorized
Representative for User, effective upon User's default re User's contractual obligations in favor
of Secured Party as set fo rth below under "Payment Terms" and "Default Terms;' with full
authorization and POWcf granted Secured Party for engaging in any and all actions on behalf of
User including, but not limited by, authentication of a record on behal f of User, as Secured Party,
in Secured Party's sole discretion, deems appropriate, and User further consents and agrees that
this appointmen t of Secured Party as Authorized Representative for User, effective upon User's
default, is irrevocable and coupled with a security interest. User further consents and agrees with
all of the following additional tenns of Self-executing Contract/Security Agreement in Event of
Unauthorized Use : Payment Terms: In accordance with fees for unauthorized use of
"BENJAMIN FREEDOM FRANKLIN«:l, 113J" as set forth above, User hereby consents and
agrees that User shall pay Secured Party all unauthorized-use fees in full within ten (10) days of
date Secured Party's invoice, hereinafter " Invoice," itemizing said fees, is sent.
Defa ult Terms: In event of non-payment in full of all unauthorized-use fees by User
within ten (10) days of date Invoice is sent, User shall be deemed in default and (a) all of User's
property and interest in property pledged as collateral by User, as set forth in above in paragraph
"(2)," immediately becomes, i.e. is, property of Secured Party; (b) Secured Party is appointed
User's Authorized Representative as set forth above in paragraph " (8)" ; and (c) User consents
and agrees that Secured Party may take possession of, as well as otherwise dispose of in any
manner that Secured Party, in Secured Party' s sole discretion, deems appropriate, including, but
not limited by, sale at auction, at any time following User 's default, and without further notice,
any and all of User's former property and interest in property formerly pledged as collateral by
User, now property of Secured Party, in respect of this "Self-executing Contract/Security
Agreement in Event of Unauthorized Use: ' that Secured Party, again in Secured Party's sole
discretion, deems appropriate. Terms for Curing Defaul!: Upon event of default, as set forth
above under "Default Terms," irrespective of any and all of Users former property and interest in
property in the possession of. as well as disposed of by, Secured Party, as authorized above
under "Default Terms," User may cure User's default re only the remainder of User's former
property and interest in property formerly pledged as collateral that is neither in the possession
of, nor otherwise disposed of by, Secured Party within twenty (20) days of date of User's default
only by payment in full. Terms of Strict Foreclosure: User's non-payment in full of all

unauthorized-use fees itemized in Invoice within said twenty- (20) day period for curing default
as set forth above under "Terms for Curing Default" authorizes Secured Party's immedi ate non-
j udici al strict foreclosure on any and all remaining property and interest in property form erly
pledged as collateral by User, now property of Secured Party. which is not in the possession of.
nor otherwise disposed of by. Secured Party upon expiration of said twenty (20) day striet -
foreclosure period. Ownership subject to common-law copyright and VCC Financing Statement
and Security Agreement filed with the VCC filing office. Record Owner: Benjamin Freedom
Franklin jI-t], Autograph Common Law Copyright 1974. (15)
Una uthorized use: pa\'ment terms; in accordance with fees for unauthorized use of
DEBTORS NAM E as set forth above the user hereby consent and agrees that users shall pay
secured party all un-authorized use fees in full within 10 days of date of secured party' s invoice,
hereinafter "invoice", itemizing said fees, is sent to.
Default Terms: in event of non payment in full of all unauthorized use fees by user
within 10 days of date invoice is sent, user shall be deemed in default and (a) all of users
property and interest in property pledged as collateral by user. as set forth in abo ve in paragraph
2, immediately becomes i.e. is. property o f secured party; (b) secured party is appointed users
Authorized Representative. As set forth above in paragraph (I ) and (2) user consents and agrees
that secured party may take possession of, as well as otherwise dispose of in any manner that
secured party, in Secured Party{s) sole discretion, deems appropriate. including but not lim ited
by. sale at auction, at anytime following users default and without further notice. any and all of
the user' s former property and interest in property formerly pledged as collateral by user. now
property of secured party, in respect o f this self-executing contract/security agreement in event of
unauthorized use, that secured party. again in secured party' s sole discretion, deems appropriate
and terms for curing default upon the event of default, as set forth above under default terms
irrespecti ve of any and all of users former property and interest in property in the possession of.
as well as disposed of by, secured party, authorized above under default terms, user may cure
users default re only the remainder of the users for our property and interest in property formerl y
pledged as collateral that is neither in the possession of, nor otherwis e disposed of by. secured
party within twenty days at date of users default only by payment in full.
Terms of strict foreclosure: users non payment in fun of all unauthorized use fees.
itemized in invoice Within said 20 day period For curing default as set forth above under tenns
for curing default limit authorizes secured party's immediate non-judicial strict foreclosure on
any and all remaining property and interest in property formerly pledged as collateral by user,
now property of secured party. which is not in the possession of nor otherwise disposed of by,
secured party up on expiration of said 20 day strict forecl osure period. Ownership subject to
common-law copyright and uee financing statement and securi ty agreement flied with the vee
filing office.
/I
II
II
/I
/I
/I

Record owner: Secured Party / creditor narne autographed common-law copyright:
Copyrighted Date • 2oo6 116J
Without Prejudice
_ _ _ _ _ _ _ _ _ _ _ 117)
_ _ _ _ _ _ _ _ _ _ _ - Secured Party (18J

Data Sheet For: .
The bracketed numbers [ ] that appear on the Sample Common Law Copyright Noti ce indicates
the information to be inputted on your Common Law Copyright Notice with the example to the
right. Remove all 'number brackets' on your finished document.
Item: Data: (Exa mple)
(II Debtor/Straw-m an Na me B ENJA~II N FREEDOM FRANKLI N
121 Year Date of yo ur Birthday 1974
[3J Secu red Pa rty Name Ben jamin Freedom Franklin
141 S ecured Pa rt)' Na me Benjamin Freedom Fra n klin
IS) Debtor/Straw-man Na me B E NJ ~'II N FREEDOM FRAN KL IN
(61 Debtor/Straw-man Na me BENJAMI N FREED OM FRAN KLIN
17) Debtor/Straw-man Na me BENJAMIN FR EE DO M FRANKL IN
18) Hold-harmless Agreement # and date it was signed
(9] Debtor/Straw-man Na me BENJAMIN FREE DO M FRANKLI N
11 0] Debtor/Straw-man Na me BENJAMIN FRE EDOM FRANKLIN
(II ) S ecu r ed Pa rty Na me Benjamin Freed om Franklin
(12) Secured Party Na me Benjamin Freedom Franklin
(13] Debtor/Straw-man Na me BENJAMIN FREEDOM FRANKLIN
(14) Secured Party Name Benjamin Freedom Franklin
(IS] Year Date of your Birthday 1974
)16] Date Copyr ight is signed October 10, 2004
(1 7] Na me of Secur ed Party - signed in Blue Ink
118) Nam e of Secu red Party typed!
(19] Com mon Law C opy right identifier sa mple #021705-CLC-BBF
REDEMPTION MANUAL FOURTH EDITION 4.2

336
•
Com mo n Law Copyright Notice : All rights reserved re; common-law copyright of
trade-name/trademark, © 11] as well as any and all deriva tives and
th
variations in the spelling of said trade-names/trademarks - Copyright 1974 -( 18 Birth-Day-
Yea r-remove this line in final dod), by (2). Said trade-
nam es/trademarks, 0 , may neither be used, nor reproduced, neither in whole nor in part, nor in
any manner whatsoever, without the prior, express, written consent and acknowledgment of
121 as signi fied by the blue-ink signature of
[2], hereinafter 'Secured Party. ' With the intent of being
contractually bound, any Juristic Person, as well as the agent of said Juristic Person, consents and
agrees by this Copyright Notice that neither said Juristic Person, nor the agent of said Juristic
Person. shall display, nor otherwise use in any manner, the trade-name/trademark, nor common-
law copyright described herein, nor any derivative of, nor any variati on in the spelling of, said
name without prior, express, written consent and acknowledgment of Secured Party, as signified
by Secured Party' s signature in blue ink. Secured Party neither grants, nor impli es, nor otherwise
gives consent for any unauthori zed use of C , I J J and all such
unauthorized use is strictly prohibited. Secured Party is not now, nor has Secured Party ever
been, an accommodation party, nor a surety, for the purported debtor, i.e.
.. C , 11'" nor for any derivative of, nor for any variation in the
spelling of, said name, nor for any other juristic person, and is so-indemnifi ed and held harmless
by Debtor. i.e. .. ©, (IJ" in Hold-harmless and Indemnity
Agreement No. 00000000000000 dated the 30th Day of th e 6th M onth in th e Year of O ur
Lor d T wo-Thousand and Four against any and all claims, legal actions, orders, warrants,
judgments, demands, liabilities, losses, depo sitions, summonses, lawsuits, costs, fines , liens,
levies, penalties, damages, interests , and expenses whatsoever, both absolut e and contingent, as
are due and as might become due, now existing and as might hereafter arise, and as might be
suffer ed by, imposed on, and incurred by Debtor for any and every reason, purpose, and cause
whatsoever. Self-executing Contract / Securi ty Agreement in Event of Unauthorized Use: By this
Copyright Notice, both the Juristic Person and the agent of said Juristic Person, hereinafter
j ointly and severally "User," consent and agree that any use of" ©,
(I] " , oth er than authorized use as set forth above; constitutes unauthorized use of Secured Party' s
copyrighted property and contractually binds User. This Notice by Declaration becomes a
Security Agreement wherein User is a debtor and ' Upper and Lower Case Name Here ' is
Secured Party, and signifies that User: ( I) grants Secured Party a security interest in all of User's
property and interest in property in the sum certain amount of $500,000.00 per each trade-
nam e/trademark used, per each occurrence of use (violation/i nfringement), plus triple damages,
plus costs for each such use, as welt as for each and every use of any and all derivatives of, and
variations in the spelling of, •• (Cd, II)"; (2) authenticates this
Security Agreement wherein User is debtor and 12) is Secured
Party, and wherein User pledges all of User's property, i.e. all consumer goods, farm products,
inventory, equipment, money, inves~ent property, commercial tort claims, letters of credit,
letter-of-credit rights, chattel paper, Instruments, deposit accounts, accounts, documents, and

general intangibles, and all User' s interest in all such foregoing property, now owned and
hereafter acquired, now existing and hereafter arising, and wherever located, as collateral for
securing Users contractual obligation in favor of Secured Party for User's unauthorized use of
Secured Party ' s copyrighted property; (3) consents and agrees with Secured Party ' s filing of a
UCC Financing Statement wherein User is debtor and (2) is
Secured Party; (4) consents and agrees that said VCC Financing Statement described above in
paragraph "(3)" is a continuing financing statement, and further consents and agrees with
Secured Party's filing of any continuation statement necessary for maintaining Secured Party' s
perfected security interest in all of User 's property and interest in property pledged as collateral
in Security Agreement described above in paragraph "(2)," until User's contractual obligation
theretofore incurred has been fully satisfied; (5) authorizes Secured Party 's filing of any UCC
Financing Statement, as described above in paragraph "(3)," as well as in paragraph "(4)," and
the filing of any Security Agreement, as described above in paragraph "(2)," in the UCC filing
office; (6) consents and agrees that any and all such filings described in paragraph "(4)" and
"(5)" above are not, and may not be considered, bogus, and that User will not claim that any such
filing is bogus; (7) waives all defenses; and (8) appoints Secured Party as Authorized
Representative for User, effective upon User's default re User's contractual obligations in favor
of Secured Party as set fo rth below under "Payment Terms" and "Default Terms, ' with full
authorization and power granted Secured Party for engaging in any and all actions on behalf of
User including, but not limited by, authentication ofa record on behalf of User, as Secured Party,
in Secured Party' s sole discretion, deem s appropriate, and User further consents and agrees that
this appointment of Secured Party as Auth orized Representative for User, effective upon User's
default, is irrevocable and coupled with a security interest. User further consents and agrees with
all of the following additional terms of Self-executing Contract/Security Agreement in Even t of
Unauthorized Use: Payment Terms: In accordance with fees for unauthorized use of
•• ©, [1 ]" as set forth above, User hereby consents and agrees that
User shall pay Secured Party all unauthorized-use fees in full within ten (10) days of date
Secured Party ' s invoice, hereinafter "Invoice," itemizing said fees, is sent.
Default Ter ms: In event of non-payment in full of all unauthorized-use fees by User
within ten (10) days of date Invoice is sent, User shall be deemed in default and (a) all of User's
property and interest in property pledged as collateral by User, as set forth in above in paragraph
"(2)," immediately becomes, i.e. is, property of Secured Party; (b) Secured Party is appointed
User 's Auth orized Representative as set forth above in paragraph "(8)"; and (c) User consents
and agrees that Secured Party may take possession of, as well as otherwise dispose of in any
manner that Secured Party, in Secured Party's sale discretion, deems appropriate, including, but
not limited by, sale at auction, at any time following User's default, and without further notice,
any and all of User's former property and interest in property formerly pledged as collateral by
User, now property of Secured Party, in respect of this "S elf-executing Contract/Security
Agreement in Event of Unauthorized Use," that Secured Party, again in Secured Party' s sole
discretion, deem s appropri ate.
Te r ms for Cu r ing Defa ult: Upon event of default, as set forth above under "Default
Terms," irrespective of any and all of Users former property and interest in property in the
possession of, as well as disposed of by, Secured Party, as authorized above under "Default
Terms," User may cure User's default re only the remainder of User's former property and
REDEMPTION MAN UAL FOURTH EDITION 4.2

338
interest in pro perty formerly pledged as collat eral that is n either in the possession of, nor
otherwise disposed of by, Secured Party within twenty (20) days of date o f Us er's d efault only
by payment in full.
Terms of Strict Foreclos ure : User's non-payment in full of all unauthorized-use fees
itemized in Invo ice within said twenty- (20) day period for curi ng default as set forth above
under "Terms for Curing Default" authorizes Secured Party' s immediate non-judicial strict
foreclosure on any and all remaining property and interest in property fonnerly pledg ed as
co llateral by User, now property of Secured Party, which is not in the possession of, nor
otherwise disposed of by, Secured Party upon expiration of said twenty (20) da y stri ct-
foreclosure period. Ownership subj ect to common-law copyright and vec Financing Statement
and Security Agreement filed wi th the vee filing office. Record Owner:
_ _ _ _ _ _ _ _ _ _ 121, Autograph Common Law Copyright 1974.
Unauthoriled use: pa)'ment terms; in accordance with fees for unauthorized use of
D EBTO RS NAME as set forth above the user hereby consent and agrees that users shall pay
secured party all un-authorized use fees in full within 10 days of date of secured party's invoice,
hereinafter "invoice", itemizing said fees, is sent to.
Default Terms: in event of non payment in full of all unauthorized use fees by user
within 10 days of date invoice is sent, user shall be deemed in default and (a) all of users
property and interest in property pledged as collateral by user. as set forth in above in paragraph
2. immediat ely becomes i.e. is, property o f secured party; (b) secured party is appointed users
Authorized Rep resentative. As set forth above in paragraph (1) and (2) us er consents and agrees
that secured party may tak e possession of, as well as otherwise dispose of in any m anner that
secured party, in Secured Party(s) so le d iscretion, deems appropriate, including but not limited
by, sale at auction, at an ytim e following users default and without further notice, any and all of
the user' s former property and interest in property formerly pledged as collateral by user, now
property of secured party, in respect of this self-executing co ntract/security agreement in event of
unauthorized use, that secured party, ag ain in secured party' s sol e discretion, deems appropriate
and terms for curing default upon the event of default, as set forth above under default terms
irrespective of any and all o f users former property and interest in property in the po ssession of,
as well as disposed of b y, secured party, authorized above under default terms, user may cure
users default re onl y the remainder o f the users for our property and interest in property formerly
pledged as collateral that is neither in the po ssession of, nor otherwise disposed o f by, secured
party within twenty days at date of users default onl y by payment in full . Terms o f stri ct
forecl osure: users non payment in full of all unauthorized use fees, itemized in invoice Within
said 20 day peri od For curing default as set forth above under tcnns for curing default limit
authori zes secured party's immediate non-judicial stri ct foreclosure on any and all remaining
property and interest in property formerly pledged as collateral by user, now property of secured
party, which is not in the possession o f nor otherwise disposed of by, secured party up on
expiration of said 20 day stri ct foreclosure period. Ownership subj ect to common-law co pyright
and vee finan cing statement and security agreement flied with the UCC fili ng office.
II
/I
II

Record owner: Secured Party I creditor name autographed common-law copyright:
Copyrighted Date " 2006
Without Prejudice
_ _ _ _ _ _ _ _ _ _ _ 121- Secured Party
No te; conform yo ur final docum ent with the above "date and signa tu re" portion on the
above page if possible!

340
HOLD HARMLESS AND INDEMNITY
AGREEMENT
This agreement secures you from all liabilities of the Debtor. This is your Teflon coated shi eld of
protection against any party that may attempt to use you as surety for the straw man.
1. Place the bonus CD in your drive and open the file: "Sl'C DocumentslUCC- l
Referenced/Security Agreement/sample Indemnity". You can use the sample to guide
you in preparing your Hold Harmless and Indemnity Agreement. For those of you who
do not have the Bonus CD, the samples follow these instructions.
2. Now open the file "SPC Documcnts/UCC-l Referenced/Security Agreement/generi c hold

harmless agreement", and Double-click on the footer section. Replace the single instance
ofUN IQUE_ID with the document id that you have chosen for your Security Agreement,
and the two instances of SP_NAME. When you are done, close the pop-up toolbar and go
to the top of the document.
3. Scan the pages called out in the table below and replace each identifier listed in the table
with your personal information. All identifiers arc color coded in bold text for easy
identification. After replacing each identifier, click the [!] button on toolbar to deselect
the bold text, and change the font color back to black with the ~ drop-down tool o n the
toolbar.
Document P;!!Le # Item # Identifier

Hold Harmless ~eement 1 1 UNI OUE ID
2 DT NAME
3 SSN
4 DT NAME
5 SP NAME
6 DT NAME
7 SP NAME
8 SP NAME
2 1 DT NAME
2 SP NAME
3 SP NAME
4 UNIOUE ID
5 DT NAME
6 DT NAME
7 DT NAME
8 SP NAME
9 SP NAME
10 SP NAME
11 SP NAME
12 SP NAME
13 SP NAME

14 DT· NAME
3 1 SP NAME
2 DT NAME
3 UNIDUE ID
4 DAY NO ( Si~~edl
S MONTH NAME ( Sl£ln in blue-ink )
6 YEAR SPELLED
7 DT NAME
8 SP NAME
9 DT NAME .

HOLD HARMLESS AND
INDEMNITY AGREEMENT
Number 1093781 96405 121
Non-Negotiable - Private Between the Parties
PARTIES:
Debtor: 13] Creditor: 141

FRANKLIN BENJAMIN FREEDOM!:) trade-name Benjamin Freedom FrankJinC
P.O. Box 1776 do 1776 Redemption Road
BALTIMORE, MD 2120 1 Baltimore, Maryland [2 1201]
.. . and any and all derivatives and variations in the spelling of said name.
Debtor's Social Security Account Number: 101-88-1776151
This Hold-harmless and Indemnity Agreement is mutually agreed upon and entered into in this
Tenth Day of the Tenth Month in the Year of OUf Lord Two Thousand and Fourjfi] between the
j uristic person: " FRA NKLIN BENJAMIN FREEDOM~(7I," and any and all derivatives and
variations in spelling of said name hereinafter jointly and severally "Debtor;' except, .. Benjamin
Freedom Franldin~18I," the living, breathing, flesh-and-blood man, known by the distin ctive
appellation Benjamin Freedom Frank1in~(9J. hereinafter "Creditor,"
For valuable consideration Debtor hereby expressly agrees and covenants. without benefit of
•
discussion, and without division. that Debtor holds hannless and undertakes the indemnification
of Creditor from and against any and all claims, legal actions, orders, warrants, judgments,
demands, liabilities, losses, depositions, summonses, law suits, costs, fines, liens, levies,
penalties, damages, interests, and expenses whatsoever both absolute and contingent, as are due
and as might become due, now existing and as might hereafter arise, and as mi ght be
suffered/incurred by, as well as imposed on, Debtor for any reason, purpose, and cause
whatsoever. Debto r does hereby and herewith expressly covenant and agree that Creditor shall
not under any circumstance, nor in any manner whatsoever, be considered an accommodation
party, nor a surety, for Debtor.
Defin ed ; G lossary of Ter ms.
As used in this Hold-harmless and Indemnity Agreement, the following words and terms express
the meanings set forth as follows. non obstante:
Appe lla tio n. In this Hold-harmless and Indemnity Agreement the term "appellation" m eans: A
general term that introduces and speci fies a particular term which may be used in addressing,
greeting, calling out for, and making appeals of a particular thing, breathing, flesh and-blood

man. •
Co nduit. In this Hold-harmless and Indemnity Agreement the term "conduit" signifies a means
of transmitting and distributing energy and the effects/produce of labor, such as goods and
services, via the name, "FRANKLIN BENJAMIN FREEDOM~ ( I O I," also known by any and -
all derivatives and variations in the spelling of said name of Debtor except all derivatives and
variations in the spelling of the name of " Benj amin Freedom Franklin© (l ll," Creditor.
-
Creditor. In thi s Hold-harmless and Indemnity Agreement the tenn "Creditor" means
"Benjamin Freedom FrankIin©1J 2J" and all derivatives and variations in the spelling of the name
of "Benj amin Freedom FrankIin©(I3)". -
Debtor. In this Hold-harmless and Indemnity Agreement the term 'Debtor" means "FRANKLIN
BENJAMIN FREEDOM©( 14)," also koown by any and all derivatives and variations in the -
spelling of said name excepting "Benjamin Freedom Franklin:ClJ l SJ" and all derivatives and
variations in the spelling of the name of t'Benjamin Freedom FranklinCI16]",
Derivative. In this Hold-harmless and Indemnity Agreement the word "derivative" means
coming from another; taken from something preceding; secondary; that which has not the origin
in itself. but obtains existence from something foregoing and of a more primal and fundamental -
nature; anything derived from another.
•
Ens legis. In this Hold-hannless and Indemnity Agreement the term "ens legis" means a creature
of the law; an artificial being. such as a corporation, considered as deriving its existence entirely
from the taw, as contrasted with a natural person.
Hold-harmless and Indemnity Agreement. In this Hold-harmless and Indemnity Agreement

the term "Hold-harmless and Indemnity Agreement" means this Hold-harmless and Indemnity ....
Agreement No . 1093781964051 17] as this Hold-harmless and Indemnity Agreement may be
amended and modified in accordance with the agreement of the parties signing hereunder,
together with all attachments. exhibits, documents, endorsements, and schedules re this Hold- "-
harmless and Indem nity Agreement attached "FRANKLIN BENJAM IN FREEDOM© (181." In
this Hold-harmless and Indemnity Agreement the "FRANKLIN BENJAMIN FREEDOM©
1191" means " FRA NKLIN BENJAMIN FREEDO M©"(201 and any and all derivatives and _
variations in the spelling of said name except, "Benj amin Freedom Frank linr© 121'" and all
derivati ves and variations in the spelling of the name "Benjami n Freedom Franklin©122)."
Common Law Copyright © 2004 by " Benjamin Freedom Franklin© (231." All Rights Reserved.
In this Hold-harmless and Indemnity Agreement the term "Benjamin Freedom Franklin© (24 )"
means the sentient. living, flesh-and-blood man identified by the di stinctive appellation ....
Benjamin Freedom Franklin© (25) and all derivatives and variations in the spelling of the name
"Benjamin Freedom FrankJinl{:l (26]." All rights are reserved re use of "Benjamin Freedom
Franklin© (27]." Autograph Common Law Copyright 2004.
Juristic person. In this Hold-harmless and Indemnity Agreement the term "juristic person"
means an abstract. legal entity ens legis. such as a corporation, created by construct of law and -
RED EMPTION MANUAL FOURTH EDmON 4.2 344

considered as possessing certain legal righ ts and duties of a human being; an im aginary entity,
such as Debtor, i.e. FRANKLIN BENJAM IN FREEDOM~ 1 2 8J which, on the basis of leg al
reasoning, is legally treated as a human being for th e purpose of conducting commercial activity
for the benefit of a biological, living bei ng. such as Credi tor.
"From the earliest times the Jaw 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 this 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 th e
ways of men in carrying on thei r affairs through w~at is now the familiar device of the
corporation - - Attribution of legal rights and duties to a juristic person other than man is
nec essarily a metaphorical process. And the 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 ins truments o f thou ght should be narrowly watched lest they be ab used and fail in their
service to reason." See U.S. v. SCOPHONY CO R P. O F AM ERICA , 333 U.S . 795; 68 S.Ct. 855;
1948 U.S."
"Observation : A person has a property right in the use of his or her name which a person m ay
transfer or assign." Gracey v. Maddin, 769 S.W. 2nd 497 (Tenn. Ct. App. 1989).
Llvtng, breathing, flesh-and-bl ood m an . In this Private Agreement the tenn "living, breathing.
flesh -and-blood man means the Creditor "Benjamin Freedom FrankIin© [291''. a sentient. living
being, as distinguished from an artificial legal construct, ens legis, i.e. a juristic person created by
construct ofl aw.
No n obstante. In this Private Agreement the term "non obstante" means: Words anciently used
in public and private instrument with the intent of precluding, in advance. any interpretation
other than certai n declared objects, purposes .
"There, every man is independent of all laws, except those prescribed by nature. He is not
bound by any institutions formed by his fellowmen without his consent." CRUDEN v. NEALE,
2 N.C. 338 ( 1796) 2 S.E.. 70. (Cited for reference only)
Sen tie nt, livin g, being. In this Private Agreement the term "sentient. li v'ing being" means the
Creditor. i.e "Benjamin Freedom FrankliniO (30r', a living, breathing, flesh-and-blood man, as
distinguished from an abstract I~gal construct such as an artificial entity, juristic corporation,
partnership. association, and the like.

•
Transmitting Utili ty. In this Hold-harmless and Indemnity Agreement the term "transmitting
utility" means a 'commercial transmitting utility: i.e. , a conduit for all commercial presentments-
and matters passed to or presented to the Deb tor, i.e. FRA NKLI N BENJAM IN FREEDOM©
[31 J.
ucc. In this Hold-harmless and Indemnity Agreement the term "UCC" means Uniform
Commercial Code.
Thi s Hold-harmless and Indemnity Agreement No. 109378196405 /321 is dated: the Tenth Day of
the Tenth Month in the Year o f Our Lord T wo Thousand and Six1331 .
-
Debtor: FRA NKLIN BENJAMIN FREEDOM© I34J.
-
Debtor's Signature
-
Creditor accepts Debtor's signature in accord with UCC §§ 1-201 (39), 3-401 (h).
Creditor. Benjamin Freedom Franklin© 135J

-
Creditor's Signature - Autograph Common Co pyrigh t(c) 2004

By Benjamin Freedom Franklin© [361. All Rights Reserved.
-
A CK.:'iOWLEDGEI\IENT
County of [371 )
) Scilicet
_ __ _ _ state [381 )
Subscribed and sworn before me this -

WITNESS my hand and officia l seal.
Notary Public
My Commissio n Expires _
-
-
-
REDEMPTION MANUAL FOURTH EDIT10N 4.2
346 -
Data Sheet For: •
Hold-Harmless Agreement
The bracketed numbers [ ] that appear on the Sample Hold-Harmless Agreement indicates the
information to be inpuned on your He ld-H arml ess Agreement with the example to the right.
Remove all ' number brackets ' on your finished document.
Item: Data: (E xa mp le)
II J Footer - Hold-Harmless identifi er 1093 78196405

number you cr ea te
12) Hold-Harmless identifier #109378196-105
13 1 Debtor' s Nam e & Address BENJAMIN FREEDOM FRANKLIN

P.O. Box 1776
Baltimore, MD 21201
14) Secured Party Name & Address Benjamin Freedom Franklin

d o 1776 R edemption Road
Baltimore, Maryland sta te 21201
Un ited S ta tes of America
)51 UCC Contr ac l T r ust Acco untlSS# 101-88-1 776
[6) Date Hold-Harmless A~reement is Tenth Day of Tenth Month in the

Year created and signed of Our Lord Two Thousand and Four
17) Debtor/Sf..aw-man Name BE NJAMIN FREEDOM FRANKLIN
18) Secured Part)' Na me Benjamin Freedom Franklin
191 Secu r ed Party Na me Benjamin Freedom Franklin
1101 Debtor/Straw-man Name BENJAMI N FREEDOM FRANKLIN
111 ) Secured Party Creditor Benjamin Freedom Franklin
1121 Secu red Party Nam e Benjamin Freedom Franklin
113) Secured Party Na me Benjamin Freedom Franklin
114) Debtor/Straw-man Na me BENJA:\IIN FRE EDOM FRANKLIN
115J Secur ed Party Name Benjamin Freedom Franklin
116) Secured Party Name Benjamin Freedom Franklin
11 7J Hold-Harmless Agreement identifier #109387196405

(18( Debtor/Straw-man Name BE NJA~IIN FR EEDO~I FRA NKLI N
•
[19( Debtor/Straw-man Na me BENJAMI N FR EEDO M FRANKLIN
[20( Debtor/Straw-man Na me BENJAMIN FREEDO~I FRANKLIN
(2 1( Secured Party Nam e Benjamin Freed om Franklin
[221 Secured Party Name Benjamin Freedom Franklin
(23( Secured Party Narn e Benjamin Freed om Franklin
[24J Secured Party Name Benjamin Freed om Franklin
125( Secured Party Name Benjamin Freedom Franklin
[26J Secured Party Name Benjamin Freed om Franklin
[2 71 Secured Party Name Benjamin Freedom Franklin
[28J Debtor/Straw-man Name BENJAMIN FREEDOM FRANKLIN
[291 Secured Party Creditor Benjamin Freedom Franklin
(3 0( Secured Party Creditor Benjamin Freedom Franklin
[3 1) Debt or/Straw-man Na me BENJAMIN FR E EDO~I FRA:'IKLlN
1321 Hold-Harmless Agreement id entifier sampl e; #02 170S-HHI-BFF
(3 3) Date H old-Harmless Agree men t Sample; Tenth Dav• of th e T enth Month in the
is create d and signed. Year o f Our Lord T wo T ho usand and Four
134( Debtor/Straw-man Name BENJAMI N FREEDOM FRANKLI N
[35J Secured Party Creditor Benjamin Freed om Franklin
[3 6( Secured Party Creditor Benjamin Freedom Franklin
[3 7J Na me of County ... example> Jackson
[381 Name of Sta te ... example> Oregon
139J Date of H.H.I. is Notarize d The current date/day you Notarize the document

HOLD HARMLESS AND
INDEMNITY AGREEMENT
Number 12)
Non-Negotiable - Private Between the Parti es
PARTIES:
Debton B] Creditor. (4)

_ _ _ _ _ _ _ _ _ <0 trade-name
do ._ _
--' -~
,
- - - '
.. .and any and all deri vatives and variations in the spelling of said name.
Debtor's Social Security Account Number: 101-88-1776(5)
This Hold-harmless and Indemnity Agreement is mutually agreed upon and entered into in
this Day of the Month in the Year of Our Lord Tow thousand and Four[6] between
the j uristic person: •• 0 (7]:' and any and all derivatives and
variations in spelling o f said name hereinafter jointly and severally "Debtor." except, .. .---:o--,-~
_ _ _ ,il:> 18)," the living, breathing, flesh-and-blood man, known by the distin ctive
appellation - : <0 [91, hereinafter "Creditor."
For valuable consideration Debtor hereby expressly agrees and covenants, without benefit of
discussion, and without division, that Debtor holds harmless and undertakes the indemnification
of Creditor from and against any and all claims, legal actions, orders, warrants, judgments,
demands, liabiliti es, losses, depositi ons, summonses, lawsuits, costs, fines, lien s, levies,
penalties, damages, interests, and expenses whatsoever both ab solute and contingent, as are due
and as might become due, now existing and as might hereafter arise, and as might be
sutTered/incurred by, as well as imposed on, Debtor for any reason, purpose, and cause
whatsoever. Debtor does hereby and herewith expressly covenant and agree that Creditor shall
not under any circum stance, nor in any manner whatsoever, be consid ered an accommodation
party, nor a surety, for Debtor.
Defined; Glossary of T erms.
As used in this Hold-harmless and Indemnity Agreement, the following words and terms express
the meanings set forth as foIJows, non obstante:
Appellation. In this Hold-harmless and Indemnity Agreement the term "appellation" means: A
general term that introduces and specifies a particular term which may be used in addressing,

,
greeting, calling out for, and making appeals of a particular .living, breathing, flesh and-blo j
man.
••
Debtor. In this Hold-harmless and Indemnity Agreement the term 'Debtor" means .:_ _--;;.,.-
-,,-:-;---:c - ,10 114]," also known by any and all derivatives and variations in the spelling
of said name excepting .. Ii) 115)" and all derivatives and variations in
•
the spelling of the name of" ~ [1 6J",
Derivative. In this Hold-harmless and Indemnity Agreement the word "derivative" means
coming from another; taken from something preceding; secondary; that whi ch has not the origi
in itself, but obtains existence from something foregoing and of a more primal and fund amentar
nature; anything derived from another.
Ens legis. In this Hold-harmless and Indemnity Agreement the term "ens legis" means a creature
of the law; an artificial being, such as a corporation, considered as deriving its existence entirely
from the law, as contrasted with a natural person.
-
Hold-harmless and Indemnity Agr eement. In this Hold-harmless and Indemnity Agreem en-
the term "Hold-harmless and Indemnity Agreement" means this Hold-harmless and Indemnity
Agreement No, (17J as this Hold-harmless and Indemnity Agreement may-
be amended and modified in accordance with the agreement of the parti es signing hereunder,
together with all attachments. exhibits. documents. endorsements, and schedules re this Hold-
harml ess and Indemnity Agreement attached " ~ (181." In this-
Hold-harmless and Indemnity Agreement the " ~ 11 91" mean s
"
of said name except. "---,:;-
the spelling of the name "
1201(0" and any and all derivatives and variations in the spelling
r© 121) .. and all derivatives and variations in
~ (221 ." Common Law Copyright ~ 2004
-
by" ~ 1231: ' All Rights Reserved,
10 this Hold-hannless and Indemnity Agreement the term " ~ 1241"

means the sentient, living, flesh-and-blood man identified by the distinctive appellation _
_ _ _ \0 1251 and all deri vatives and variations in the spelling of the name "-=-=:0-=
-, =-_~ (26) :' All rights are reserved re use of " ~ 1271:'
Aut ograph Common Law Copyright 2004 .
Juristic person . In this Hold-harmless and Indemnity Agreement the tenn "juristic person"
means an abstract. legal entity ens legis. such as a corporation, created by construct ofl aw and _
REDEMPTION MANUAL FOURTH EDITION 4,2 350 _

considered as possessi ng certain legal rights and duties of a human being; an imaginary entity,
such as Debtor, i.e. © 128) which, on the basis of legal reasoning.
is legally treated as a human being for the purpose of conducting commercial activity for the
benefit of a biological. living being, such as Cred itor.
"From the earliest times the law has enforced rights and exacted liabilities by utilizing a
corporate conc ept • by recognizing. that is, juristic persons other than hum an beings. The
theories by which this 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 respons e to the
ways of men in carrying on their affairs thro ugh what is now the familiar device of the
corporation - -- Attribution of legal rights and duties to a j uristic perso n other than man is
necessarily a metaphori cal process. And the none the wo rse for it. No doubt, " Metaphors in law
are to be narrowly watched. •• Cardozo. J.• in Berkey v. Th ird Avenue R. Co.• 244 N.Y. 84, 94,
"But all instruments of thought should be narrowly watched lest they be abused and fail in their
service to reason." See U.S. v. SCOPHONY CORP . OF AMERICA, 333 U.S. 795; 68 S.Ct. 855;
1948 U.S."
Observation : A person has a property right in the use of his or her name which a person may
transfer or assign." Gracey v. Maddin, 769 S.W. 2nd 497 (reno . Ct. App. 1989).
Li ving, breathin g. flesh-and-blood man. In this Pri vate Agreement the term "living. breathing.
flesh -and-blood man means the Creditor •• to 129)". a sentient, living
being, as distinguished from an artificial legal construct, ens legis, i.e. a juristic person created by
construct of law.
Non obstante. In this Private Agreement the term "non obstante" means: Words anciently used
in public and private instrument with the intent of precluding, in advan ce. any interpretation
other than certain declared objects, purposes.
"There, every man is independent of all laws. except those prescribed by nature. He is not
bound by any institutions formed by his fellowmen without his consent." CRUDEN v. NEALE,
2 N.C. 338 (I 796) 2 S.E. . 70.
Se ntient, livin g. bein g. In this Private Agreement the term "sentient, living being" means the
Creditor, i.e" © (301", a living, breathing, flesh-and-blood man, as
distinguished from an ab stract legal con struct such as an artificial entity, juristic corporation,
partnership. associatio n. and the like.

Transmitting Utility. In this Hold-harmless and Indemnity Agreement the term "transmitting I
utility" means a 'commercial transmitting utility,' i.e., a conduit Tor all commercial presentments
and matters passed to or presented to the Debtor, i.e. 0 131). -
uec. In thi s Hold-harm less and Indemnity Agreement the term "VCC"means Uniform
Commercial Code.
This Hold-harmles s and Indemnity Agreement No. 1321 is dated: the _ _

Day of the Month in the Year of Our Lord Two Thousand and Six 133) .
Debtor: © [34).
-
Debtor's Signature
Creditor acc epts Debtors signature in accord with VCC §§ 1-201 (39), 3-40 1 (b) .
Creditor: ©.[35]
Creditors Signature - Autograph Common Copyright(c) 2006

by © 136). All Rights Reserved.
AC KNO WLE DGE~ IE;\'T
Countyof 18) )
) Scilicet
_ _ _ _ _ state 19) )
Subscribed and sworn before me thi s of _~., A.D. 2006 . /1 0)

==-=-=:;,-:- (Seal)
-
REDE MPTION MANUA L FOURTH EDITION 4.2 352
UCC-l FINANCING STATEMENT
The purpose of the UCC-I FINANCI NG STATEMENT is to create a publ ic and pri vate notice
of a superior (first in line. first in time) security interest, claim, or lien on collateral . Although
strictly speaking. collateral is evidence (indicia) of property, not property itsel f. the word
property may be used synonym ously with collateral. In addition the value of the property may be
a benefit only (you control the account) as in the case of a driver's license. The Secured Party
may be you or another person that you have entered into a contract with. Evidence of contract for
the purpose of capturing your Debtor is your SE CURIIT AGREEMENT. We will co ver three
scenarios for using the vee-I Financing Statement: You and your Debtor, Cross filin g between
husband and wife on the others Debtor, and filing on a third party to insure payment on an
agreement. To become a Secured Party. It will be necessary for you to complete a primary UCC-
t FINANCING STATEM ENT and if circumstance warrants. one or more informational filings.
An informational filing differs from a primary filing with respect to field (4) of the form. In a
primary filing you enter your collateral (property) list. In an informational filing write the words
"T his is anjnfbrmational 'in lieu of" filing , original UCC-I Financing Statement filed in
Washington State, UCC-l # (number), dated;ji/ing dale."
\ VHER E TO F ILE: If you have a credit card and internet access, we stro ngly suggest that you
complete your initial (primary) filing electronically with the state of Washington
(hnp:l/www.dol.wa.gov/un fcJucefonns.htm). There are several advantages to doing so:
- As of this printing, Washington is the easiest state to file into and tak es about 30 minutes.
• They will accept filings from anywhere.
- You get your filing nwnber (req uired in the CHARGEBACK process) at the close of your
transaction. If you file by mail, you may wait up to two weeks or more.
Note: Under article 4, section I of the uS Constitution "all states must gi ve due
recognition of all other states; acts, filing, documents," etc.
Note: If you don 't have access to the internet from home, there are a variety of
alternatives for example, internet cafes. Kinko's, or your local library.
If you file in a state other than the state of your BIRTI-I: It is MANDATORY that you also
complete an informational filing with your birth state. Make sure to indicate that this is an
informational filing by including the words "informational filing! 'in lieu of ' filing", on the
form. Be sure to include a money order to cover the filing fee.
If you are DOMI CILED in a state other than your BIRTH state or your PRIMARY filing state.
you must also complete an INFORMATIONAL FILING in the state where you live.
E LECTRON IC FILIN G : He:e is.an overview of the steps to take when doing your electronic
filing on the internet (see detailed instructions below in the MANUAL FILING sectio n). Note
REDEMPTION MANU AL FOURTH EDmON 4.2 353

that some states do not offer electronic filing. •
1. Open up web page to the Secretary of State - UCC section, select ' Electronic Filing, scle,
FINANCING STATEMENT -
2. Fill in all necessary fields- see detailed instructions below. Make sure yo u have compl eted ttl
UCC-I REFERENCED DOCUMENTS sections before you begin. -
3. Note; to save time, pre-type your ' Collateral Text Paragraph' before beginning the "electroni.
filing sequence. Save 'Collateral Text' and place on lower tool bar. -
4 . When you get to the collateral box, just do a 'copy and paste!'
No te : in the Washington State electronic filing process, when the ' form' is filled in
and you press 'submi t, ' it usually puts up an information window stating that it
doesn't recognize the 'foreign symbols.' ( @ $ & () ! # - Periods, commas, etc.).
In thi s case, you will have to go back and 'DELETE then RE-TYPE ALL
-
SYMBOLS!' Then hit 'submit.'
5. PRINT YOUR ON-LINE RECEIPT ("Acknowledgement of Initial Financing

Statement") at the conclusion of your transaction.
-
4 . Save an electronic (soft) copy of your RE CEIPT and a blank copy of a UCC
FINANCING STATEMENT to a floppy disk or your hard drive in case you want to
use them in the DOCUMENTING YOUR FILING section below.
I
MANUAL FILING: If yo u choose to fill-out your UCC- I Financing Statement manually
instead o f on-line. a hard copy can be made from the sample form in this book, or printed from
the companion 'CD' included with the book. You may also print one from the web, b y go ing to _
your ' Secretary of State' VCC web page or request one by phone from the V CC division in the
state that you will be filin g in. Be sure to request the amount of the filing fee and type of
payment they will accept so that you can include thi s with your filing. I
To complete your UCC-I FINANCING STATEMENT, please fill in the following 20 fields with '
your personal information. The call outs are the actual line designations in the form : _
-----------------------------------------------
SEE (G) COpy OF UCC-I PASTE-UP FORM IN DOCS SECTION
------------------------------------------------ -
No te : The unused fields (27) are not explained below, as this would complicate th e ....
REDEMPTION MANUAL FOURTH EDITION 4.2 354 "

instructions. While it is possible for husband and wife to 'cross file' on each other's Debtor,
which would use section 2 of the form. we do not show this case.
B: SEND AC KNOWLEDGEMENT TO: (Name and Address), use this format:
Benjamin-Freedom: franklin
d o 1776 Redempti on Road
Baltim ore, Maryland state 1212 01 ]
l a: ORGANIZATION 'S (Debtor' s) NAME, use this format:
BE NJAMI N FRE EDOM FRANKLIN
Ie: MAILING AD DRESS, CITY, STATE, POSTAL CODE, COUNTRY
1776 RED EMPTION ROAD

BALTIM ORE
MD
21201
USA
Ie: TYPE OF ORAGANIZA TION, use this f ormat:
ENS L EGI S / T RUST
If: JURISDICTION OF ORGANIZATION
PRIVAT E
Note: you are taking commercial control of the Debtor. As the Authorized
Representative of the Debtor, being the sovereign (in a collective capacity),
Secured Party/Creditor, you have 'A LL Power' within your 'Private' venue. The
STATE and it's employees are 'debtors' and bankrupt!
Ig: ORGA NIZATIONAL id #, if any (number at top of your Birth Certificate)
1944-05118/0974563
Note : The number abov e was taken from the top o f a 'Certificate o f Live Birth'
and is only used here as an example.
3b: INDIVIDUAL' S LAST NAME, FIRST NAME, MIDDLE NAME, use this
f ormal:
Franklin:
benjamin

Freedom-
•
I
3c: MAILING ADDRESS (Secured party), CITY, STATE, POSTAL CODE, COUNTR Y;-
use this formal: I
d o ] 776 Redemption Road
Baltimore
-
Mal")'land state
1212011
-
uSA
Note: SPC address should be a physical location, in care of (do). To establish a

-
separation between SPC and Debtor, it is preferab le that you secure a Post Office '
Box to use for the Debtor's address. Write the text in all capital letters . ....
4: Thi s FINA NCING STAT EM ENT cover> the following collateral:
I Your list goes here ... I

Place a full and compl ete statement of ALL OF THE COLLATERAL th at yo u wish "
to be covered in the UCC- I Financing Statement (see example below ). If this is an
informational filing, use the following line in place of your original collateral list:
"This is an informational 'in lieu of ' filing, original UCC- l Financing Statement
filed in Washington State, UCC-I# (number), dated; filing date."
-
SAM PLE CO L LATERAL LI ST:
"This is the entry of the collateral record owner; Benjamin-Freedom: franklin and of .
the Debtor; BENJAMI N FREEDOM FRANKLIN in the Commercial Chamber under
necessity of the following property is hereby registered in the same: All Certi ficates
of Birth Document No. 45-908237/4831 herein Iiened at $100, 000,000.00, UCClSNN
Contract Trust Account No. 101 -88 -1776; Exemption ID No . 101881 776, Copyright
Notice No . C LC- IO I 17 1706 1776BFF, Power of Attorney No. POA·
101 171 7061 776BFF, Security Agreement No . SA· 101171 7061 776 BFF, Boston State
Dri vers License No. 07801 67, Stat Farm Insurance of Boston Account No. 702290-
F04-02. Said registration is to secure the rights, title{s) and interest in and of the Root
of Title, and interest in the Birth Certificate No . 45-908237/4831 as received by the
STATE OF MARYLAND DEPARTMENT OF HEALTH AND MENTAL
HYGIENE (Division of Vital Records) and a Debentures Indentures, Accounts, and
all Pledges represented by same included but not limited to the pignus, hypotheca,
hereditments, res, the energy and all products derived there from, nunc pro tunc, but
nol limited to all capitalized names: BENJAMIN FREEDOM FRANKLIN,
BENJAMIN FRAKLIN, B.F. FRANKLIN, BEN FRANKLIN, o r any derivatives
thereof, and all contracts agreements, and signatures and/or endorsements, facsimiles,
printed, typed, or photocopied of owner's name predicated on the name of the 'Straw-
REDEMPTION MANUAL FOURTH EDlTlON 4.2 356

man', LLC (ENS LEGIS) described as the debtor and all property is accepted for
value and is Exempt from Levy . Record o wner is not the guarantor or surety to any
other account by explicit reservation. Adjustment of this filing is from public policy
HJR-192 and UCC 1-104 and I(}. I04. All proceeds, products, accounts, baggage and
fixtures and the orders therefrom are to be released to the secured Party as the
authorized representative o f the Debtor. Debtor is a commercial transmitting utility
and a Trust."
8: OPTIONAL FILER REFERENCE DATA, use thisfarmat:
Secured Party - Benjamin-Freedom: franklin
Note: place the text above slightly to the right of the word 'OATA' - Secured
Party. For MANUAL FILINGS ONLY: SIGII' the name of the Secured Party
in 'Blue ink', at the far right offield 8.

•
uce FINANCING STATEM ENT

~OI.tOW
"'- _
...S ~ 1'--_.. . .' eAPf~"
I. PHONI! C# CONTACT ....T ' 1LfR 1oP<--'I

,
e. Sf"l.:! ACI<NCM'lI!"~1iTTO (l'aINI- \I1a_1
-
r:
I Print I I Reset I
L -
1 .oeilTORS fX/llCf R.U. I.£ ~
.. oo;a:;;IOOiJ,,_s_
_ _ _. ._ _ "... ·.. _ _ ,
= ...
-
nill: ABO'll" SI'..a! IS 'OI'I PII,.... C 0fl'..c:1I: 0$ 1/: 0t4. y
~ . ~ ~ I"' ~- ~-
~
. ~ ~
•
r .~ ~
I' • ........: 01' O"C ¥'llA1OO

,'.
w VEMI!!" .......... JI(:(:'\ .....cIll'N " ....&X · ..... OI- ~ n o..
-~ ,
v . '"
,
, ~-
AOUI' IOi VIL Df. 8 TOR'S eAACT '\.u I.£GoIW.
:II. ~ 'IJJNS_
r-e -_ _ _ _ _ 1211 ""311 ·. """ ..
--- D-
~
31 ~ 'S I.A!JI'_
--
r
2<. -...G >rCX'fF" ~ ~. .~ ~
:.0 1UMTlll"DDn oan HoO-;' I~. ",",<»~""DI ~_ ~ ~ ~ l l O f t :iii ~"'T>CHAI.Il .,"_

~~
, , , fJ-
....
~ ,~
) , SECVREO PARTY S _ , . _... o, .. .._ tQ """'~So"l · " _ _ _ _ _ _ ~ . al
~
•
"~ 'SL.0 5I_
~- _.- ~
:l<. -..u~ ,,"

= srA11i r .. CODE ~"'
• . a.-...;;N;; sr ... _Nl-. ... _ ,
~"'FJ< '" .- ,............
FJU,lQ OF FIC E COI"f _ ucc FIPU.tOCING STATEMENT (FOR'" ccc - (REV . tl5I22I02)
REDEMPTION MANUAL FOURTH EDITION 4,2 358

Instructions f or UCC Ananeing Statement (Form UCC1)
PIM... tl'Pe' III' _ _ -pm! lhi.lorm. 8. _ •• IS ~1IIy1~. RWCl'" IlWtI'UCtlOlW . "~ ..,I""ructicn t . corr-=t D~Of _ IS cn.oaI , 1'011_
F.1n
.....
fUC1IOfW~'""'.
1Q'TfI..-,
c.l'!UIy. mo._1M)" _..-.pOIlW1lleP CCll •• qo....... 1f)lOU _ . . . - -. c>onaII 10M ~orney , F~ 0l'1Iu~ IJWlIl9ll ~.
00 ngt .,.., an,tr>Ong In the ~ ~ In _ '""*
pMlan 01' Ihos 10m>; I i. ' M I0I<l lOf lIIInsJ oIlle. UN.
Wfw'lllfoperty~-.;I,Mr'd FiliIllJO",", Copf-, WIth.......s _ .ID Mng~. If.,..._Ir'IId<r'O 1 Ii; '.ll.
_'$III.it1Inl61nd, WN"'ll WI.1lIing
oAc:.th-' •.e..r. 1 .; ,• • copy~lry'rMr.you~III5oMnd.... Iv'o, hdglNf'llCopy: ca • •iMdiIIt_. ll you .... lIOnoek. . ~
.~ _'4'1_ 7( r-.g INll'UCl-. 7 boIlDWj and...cl SMn:tI R IIPOft Copy', othe c'M - . . . A~ liII.cf\ DIlDtor.-.cl P.ry s-....s
, -.
""'" -.:IIOUM • ..,.,.1*115.,..,... -.o"IolJMllo ............-.a.n (fO"l'l'l VCC1Ad) vt ~ P.-ty(form VCCt .... P).
.... T. _ _ ...., ofI<>e$ IJ\al rngtIl ."to~."""'_ .IIer....,. p t _ ............... WI I ThiI. - . .. ~
II Cu';1 " I .... 6 il ,.,... ...... _ _todgi'.IIIMr'1lI0)'ULL Iflilirlgina lIingol'llcethlil . _ =·.d~ cop)' ~byli• . ...-.t
~ WIth th.lorm a c:.bon Of oOw" <:clPY Ol' .... lorrn lar . . . . . . . - . Ol,' dr-lll copy
I. o.bI.,. ......, Enl... Drt!Ot1!01t!tor0lTti'! I "'Of~ ·. 2. II.., ..,"tonll e - IS n:IuDIId. """"Plitt '''' 2. _.,, _ . . WId
..... (t'IIlt . . rid";CUiI'• . . - {lb). e
0Ibt0r". 'Ud U ltall IonnIllIid ~ ~ , . To ~ I\ItIw ..,..,on&I o.tlCors,
a.aJl. Don' .............. 14_ _ ...-..... (Form UCC t .... dj 01 ...._ ...... P8rty ( f ....
t.. otaKll'tRl DeQlor ·OfgiIrVZao..,·,..... . . .-ty N"'"V a 119&1

lICCIAP) and !oItlJco ~ I ,..
IddI\lQI"lIIl ' * ' -.
_."wc""
snd lor "'.111'''''
IdIr'CIl)'~iIl.frcmits _ _. .... ... b.lhplt . . orv_......;......

propnelonhlp is not . . Of9I"Il8IiOn. _ II • - . Ilu..-a ur'\dIIr I 3. EI'lI. WlIon'nIlIOll lOf SIeved P.-ty OfTotll A.~. dill' f1C Old Jnd
Ir_ Mme , II Debtor is I F*I~, eeI "-'II. . . . . . . . 01' """"-tIed p. I.-.truct_ I . To InclloI:l. fUrther ..sditional S.....1Id
per1nIII'tnp: )'0'-1"_
not In!III' ...... ot' pII1 ..sllt""'l1 DeClOI'I PlrtI... 11_ 1M,.,., AdI:Jer'I<bn {Form VCC1 dj lit .... am_aI PiIIt)r
IfCoobla''' IrBgi"1r8d "'-~IOI'I(.g.•c...pc t,c:n.1Irrot1ld pilb . " ' ..... (Form UCC' AP) II'ld 1<lIcPootlNlrucbOn I fOf dII '*'ll_lormalq
lmitlld ..biWy con'1'~J. • i l l _ l . t o _ DeClOf'.curr" riled _.oonll ......... . 11111•• has ~ aldll'. . ,g.",...,
01.111 Slcurlld
cr.-rt. docurTwrll. to deleormiI">I OIblOf·. corr.a ,..,.,•. Oflliil'OZabon Party·. Int,,", priOf 10 llllr\g IN. form. you /NY Illtllr (1) .-.l.
!)'pl. and jurlidl ct_ 01 OI'Slanization, ..... ....,"'" ""'. ""'" and i1ddrn. in M... 3 II'>d nl. an AmIodmlnl
(Form UCC3 ) [... horn 501' Ihil form~ Of (2) " . Total A."''''......'•
lb. IndooduII oetl!or .lr\dI";<t..oII. ~a n_aI PII"IOI'l : tIn ~ a ....... and add'IN in MIIIII3 and. if \'OU'Oilll , Il1o 1l1sc:Nng Addendl.o'n
..,.IlfGPIlIt015h1p. ...._ Of l1(li CIPI"&linll uncIIII' II1N......... Don' (Form UCCtAdj gil'irlg .... uiIlnOf SIP'.""", _ adct'.,..
WI ..... '2.
"'PfIfi:-l (Mr.. Jon , MI.) , UH .... lTi>:boo: Drt,IOlllllH ot"lirII~.(Jr ~
Sf. " I) It'd ngt lor _ wr.-. Of tlll_ (• .g.. M.O.I, V.. rTIIfTIIId .. UHII.... 4to...-...lhtcdl&ter"_1CI b,tI'n F lQI "" StIl..... ,
_ .• perwtrIII ..... {MIry SJ'IIIItI. ncI Mn. Ja/YI Srriltll. Ertel" IIIp1C1 in.em .. is iNullicilnl. ptJ till ...... coIIt 11.= optiOl"l 01
-
nt-..I CIolllOf·. I....,. _ (_ _lin lalt NttnI ~ first '1.... GOf'tIno.oIlIOn '" lilt GGI&t.1I ~ anlllhilr ~ ( Form
_InF_N. . . ~and ... _ ...... ~ .. Mi_ ......... lIC CI Ad) Of othilrlllacNOaciditiorwll ~11I<.',
FOf _ QCgal)l1llM!!! iod i!J1D'tQ! Pt!XQIl[ Don't_ D«I4or'. rritdt S. 1111. d . . . (II ,..... op(IOfI) 10UM .... Ol' ..... ...:l 1IIt«,"
_ .oe.........KA.. FKA. DMsooro * :. In ~'" Of _, t>C"""fIIIlI'I ~It'd_~. Of. . . . n:llluyll"f"III'''"'oI~Of
Oet!tor'.IIg&I ......; ,..... may _ IUd'! _ ...... n ""'0011 _ I I P'IPIl"I. OfbIilM..., Wilorinsl:...-tot"OItltOf _ $.eC:ln(l P.,.,.
OttIlIe... . you"'" (Ilul1hl5 is . . . . - .eqo,*lIdnor _ , . , . o:led) - _ l/'II ljlpi"ophII. to:nr in .... S IIltft . . . ~ ... (A
diI/Inw:l 1n IU*ClIllloI eorm-C>II e -) -..; Of is olIIow "'_ngt , lICC
......., 1r'Il..... ...-.g (" g., I &Ix IIn.ju~J''''' hen, lie.) . """"'"' till
,... II. ..IorFinronog SIaI_ ."Ollollllcllft NorffIO_a Of So.AtI
O_llIlL!! r IhI5 F~ 51".,_
.10 blllldWl NG"!to 0Ilc0t.I
.."."op1II. bctoWI , ... S._" 11'1 _ _ 1·7.. ~ .-w;I1ItP\..,
_ _ .--.a....o.ortw..
Of Soul" 0 _ 1. l/'II DItllOf·. 'I"PI~ _ . . - a n _ (tax tl:») 8. ' 1,-.. 1"_"11 ~ _ . IIIldas a ill... lllII'IQ lit tll/'II c:oItt.....
_1IOCOIl......ty _ O f .,¢IG,1l ~6cIl _ ..... be c:a\5OlI. 01bll'C>lrlobeeur O f " " " " ' - c:oItt.III, CO< ' '.
plICoId In _ box.
5. _ .... bcmin Qm I . _<;co'...... IrioI.1qW'Id ,",IIm'IIlIOn( l _
1I.r.g , 'AcldIJonII WDnnIIIon ... ",,,,, _ _ 0Itll0f" nquirtd.
'3. 14 anQIcw 15) an AlIdoIno:N'n {FOtm lICC1Ad}.
T)'pI '" Ofi..-iution iII"Id jur1s4ld_ 01' or~ZliIIlon II 1. 1'hIIrllIr'i'l. Dflloonll. C"-"""DjI1•• _ .. ~.,,710r.....-S_ch
Oet!tor'. _ad legal ...... ..- be dIl ...."'O I.om 0et!t0f'. CUTin! RIpOf1(.)OfI ill 01 _ot'_~-..dWl_ FIr....... "" StIlI .......
lied o:n.f. doc..-oII't, OrganizaliorlllIO' . il . ., . is; "~ by !hi
'll""CJ \IIf'oIr. ItlI <;I\&rl. documIr'it wlI 1iIId; 1M is diff.... 1r0fll 0etItcw on lilt lilt.'"
TIll R"9OfI"h111 ~St.._ "" N. egaInIIlht ~itd
lilt RIpCOI. IncIUIMg I,," F ~ Sta'......... ,
Postll' idln!,ftc&tion 01.,••

tlK 10 ' : lhi. I-ho<Ad be _ _lid prlCtdlid I)y 'III 2·cn.rtcter U.S.
01 OflJlf'izlhon if _ 01III. UnrIIid SW..
(• .g., CAl 23" S, 101 I C.lIifGmI corporillon ....05. Ofg.... zillionil lD
Ther. i& In ..:kIItIonaI1. . IOf • .Id! Report. II\'OU"''''' CI'\ICIcIId I tlCIJ[ in
• ... 7. fII. SIlI.eII R.port Copy tog~ .. _ Filing 0"",. Copy (..-d
....Clv'owIldll""... Copy). Not.: Not 111.'11" 00 .MretI•• and l1(li as
, II t 23.c5); If .g"""y dol. not u519" O1ganizllllonal lD ' . ctleck bo>: ......... honor a ......h'*""slmodlllilihi. lorm ; _ 51111:" '1qUir.
ill HIIn 'glndicatlnlJ . ~ .• "",.11. 'lqAsl lorm.
N«•., If CItllOl i'II"," cr '1rUItMK!l"lJ MltIl'IoIoJ>Id 10~tI&td Intrull e. Thil M.... Is optlot>l1 and is rOf IIIIl"'.UMonIy. 1'... 11.... corw.......c. of
"". OllJlor'.,...,.1n H"", I "".rtactI
Ad_ _ (Form UcetAd) It'd
chick 1PP"0Ilf*' bo>l WI hm 17. If 0Ibt0f is I d : . _111'.
MI&II. . .. .......
..1.. _ • . IilIr _, .... in Mini t5 Ifl)' idlntrfJllng .I'1'o""'wloon ('. g.,
ot" _ ••• Id _ _ ln ..... lbill"ld.rttch .... ddlncUTl(fermUCCIAdjand

cte:k 1P1lfCIP"II' box In ."'" 17. If OIlltOf I. , tr... ,litll "" oJ.y Of thII
f .... ...-g St".'..
"iII is nled In _.OICl_...eII I MlrLiI""'''1d Ibn.
Tran.-on lit I f>ubIoG.f........ T•..ad1On . . tliIII..., In "",,*,MlI
........
S-e.l1Id Pli'ly'. 1oIfl1'Unblll'. ~ fnn N. 1UI'It>Il", o.btor'. ""'" Of
IIlhIr idlntlflC-ltion. -'II. iII""';ch lerm. tIII"lllllld . •" .) IhI! Ner rNJ
eomn.C>II Code. &ttad'IAddendII'n (F.... UCC lAd) andc:tllCktpprq;wiill.

bcmlntl... ,e

ucc FINANCING STATEMENT ADDEND UM
I'cu.ow WS~ _ _ - . ., CARl"l'U.t Y
9 . ~ Of' fIRST D£BTOR (1• • U.) ON fll!:U,tw ~ srAreMEN'T
... ~a:ws _
~
- ' - '1llAST _
' O_ ... s ce~OVS:

-- rcn. (-. ~
I Print I I Reset I
THII! Moo.'!! U.r,c:r ISI'OttI"Jl..JM:. ~ eU Sf: ON.. Y
DE BTOR'S f):,Al;T I'I,.lJ. UGAL _ •_ _ _ _ 111.""01 • • _ ....
e .. _ _
_.-
II _AIXlI~
". ~raoors_
OR ,,~
~ -~
H'JI\/1:llI'" "S lAST N_
=
~. -
"'''15 r "'lXIOI'
-
-~
~ 1" ·
_.- .-
!!Eli MI!lI&DONI • noaa 01'ORG ' 1oOlA 'I;)N .. 0ttC "I'fZ.""'D'W. C . . . ....
"II-
~~ , 1""I' 01' COlGN€Anoaa

,' " .u
, n~
" AOCI ,SU...... SECURED PARTYS
, z. 0I1G0'fIV,1'II:WS _
.... SSlGNOR lW'S ••
~
, :3> NlIVO"":S u.sr .......
-- ~. -
-
""" .......a ~ss
u . ,_ . "
1. , (J ._-
.. StA'_' - U_ · ......· O
"·-" ' 0 - ' " -
=
1• . ' . _.. $lA~ r-' '''~ -~
"
____
"DoMa ___ •_ __ " . A a ; O f C ) ~ o i I.
.
-- 'l1. r::o- _ .
----- " D~-

In struction s rorUCC Financing Statement A ddendum {F arm UCC1Ad j
• l.-.art ..... of I", OebIlII' sno:w.n on Fininanll Sl~...-t 10 ....,.,;ctIthi. AdOfrdum AIlaift. • • actly u ~ in _.... 1 0' FInIrw:ing staterrwt
v..- ~ corcum.l_. ~ If'IIllI1l'\;IbIInnol " " " ' _ an F....-.::ing S~l~ frWIy~ r~..,. , 11.0 ,"""" 11M... hr-e
" ~.
~10I'm''''_' U..lhoI~lopro~~wchld<ibDnalin~tlllo~wlth.u;:hr~"""" :~ ."''''bl6IllL
". IrNll"'~.o<:JI, "'_lJonIl O.olor. ~.it
.... l t IMtNclion 1 in _~ """
Sl.......... ..... ofF~ng TCI~f\6t aOdII~
Clblan. 1lI_......... Ioddil. . . lid", I' 1m (F lIfl\"I uee1Ad) or AdclilioNI P~(form UCCt AP IMdIol_ lflI,/ructogn 1 of F ~ St • .,.,....
lor dM""."'lJ'" flll'"'IIl1lng _1IonIIl1\8fTlK.
I_~ IO:l:s ... _ "81'1,.COl •.petI .... 12

...... S......., .... h_1On 3 01 F.......-..g $lIII......, To~ iIurther
in~
N:il1lCl'\il Secutd P.m.. .uAc:h.,.. .. .odoti...... AOdwHUn (FlII'" UCC1Ad). Ad....,. ".."
(f/lttn lICe1"''' ) lind rolow lMIructJon 1
of F_ICII'lII SbII:....... tor .,.... ,..... '9_ '''''iMbi"" addbDnal ..........
-.1t14 c... of llOtM ."ll'.'.~ oIlhe s.....,.1Id P~ • • ~ .. ..c b<tIorl
IN Illr9 of _ F~ Stat"""'. If fW " " ~ ............ _ _.. olll'>e Total A... ~ in ..... 3 of ~_"" Sl........ ,..... ....,.
IPW"" AMq'« SlP"s . . - _ ~.... in a.... 12
_pl_
13-15. • M"? 1I.. _to be(:t.l or
of •• _ d _
"_act..,
. AlI.o po." coI • •
~.II . or lIlP'is ~ SWa, _Is lIled
114 rNI ntM......... 1" . ..-d. II Oebcor Is ncl • r~ _
I11_=
of IN -.:nt>ed
optim WI ~"" 40f F....-.ung
-.til. mu.lll<lll.AlIc:owoI ....... _liPP'iclb'- ~ oflhti ~ClIIll'I_ _ fN _ _ 05lDc11tiCl
~. "*'II. c:n.dl i' Cop l0li1_
-.t. .. lIu pr~, .. it40m 15. !hot
St.........
13. ~
_ addr....
AII.o _ _ a m F.1W>CW'og $til. i . . . . . 0.. I..... onof...
U$llhs~ IOproo*M_dMaJp:_ ofc:olll..-lIl. if"",CiiNIOl_1 ....... ~ II C 1PbOl'"~''''' ofF~

" StII.........
.
H.
.-
110- ... _
ifl " " ",. '

,. .. tnatHIdrq - . ...-p.IiCt to pr~""" WI _
.O-....._~...,.or._ F......-.est
ttCoo ...... a.II
•.. . . . : ...
c:ocs..cf\.Idl t... .lPPlopiIl. boo:
III ....... 1IiI~·' _ .,_
"IiO .. ~ Tf__ :=1

"- .lPP'"OIl"II. bo>t
' III ' P~""""'" T . . . - . .. ClIAneol

VCC FINANCING STATEMENT (VCC-I)
'Electronic Filing"
-
To become a Secured Party Creditor, you must complete a primary UCC- t Financing Statementr d
one or more secondary 'Informational Filings' (see notes below). If you have a credit or debit card ; j
internet access, we strongly suggest that you complete your initial (primary) filing electronically wTih
the state of Washington at http: //\o\o~~·.d ol.wa. gov/unfcJuccform s.htm . There are several advantages
to doing so: I) as of this printing. Washington is the easiest state to file into and takes about )
minutes. 2) they will accept filings from anywhere. 3) Some states, such as Oregon, are refusing UCc-
I filings. 4) you get your filing number (required in the CHARGEBACK process) at the close of your
transaction. If you file by mail. you may wait up to two weeks or more. The cost for ELECTRON ;
Filing is 510.00 and can ON LY be paid for by credit card. _
Notes :
I. Under Article 4, section 1 of the uS Constitution "all states must give due recognition of all
-
other states; acts, filing, documents," etc.
2. If you file in a state other than the state of your BIRTH: It is MANDATORY that you also
-
complete an infOrmational filing with your birth state by mail ONLY (see the sample form).
Make sure to indicate that this is an informational filing by including the words "informational-"
filing! 'in lieu of' fil ing", on the fonn. Be sure to include a money order to cover the filing fee.
3. If you are domiciled in a state other than your BIRTH state or your PRIMARY filing state, you-
must also complete an INFORMATIONAL FILING in the state where you live.
EL ECTRO NIC FILING: -

Note: If you do not have internet access, please proceed to the section PREPARING YO UI
NATI ON AL FORM. -
I. To save time, before going online, have your credit card in hand, and prepare your 'Collatera
Text Paragraph ' in preparation for electronically copying and pasting into the Collateral section
of the online form. Place the bo nus CD in your drive and open the file: "SPC DocumentslUCC-
Ilbox 4 sample text". Now save the file under a different name and replace all text in bold witt
your personal info rmation. This file is read -only so you will not be able to over write the"-
original information. Once you complete your substitutions, don't forget to save your
completed work . You will need this information later in preparing your National Form.
This is the entry of the collateral record owner; Benjamin Freedom Franklin and of the
Debtor, BENJAMIN FREEDOM FRANKLIN in the Commercial Chamber under necessity
and the following property IS hereby registered In the same: All Certifi cates of Birth Document-
#007-01011 herein liened and claimed at a sum certain $ 100,000,000.00, Man-land Driver
License #MD08974-A, UCC Contract Trust Account-prepaid account Number iOI -88-1 776;
Exempti on Identification Number 101881776, Security Agreement No. SA- -
01l717061776BFF, Power of Atto~ey No. POA-01l71 706-1776BFF, Copyri ght Notice
Number CLC-01 17 1706~ 776BFF..Said re~stratlOn IS to secure the rights, title{s) and interest
in and of the Root of Title and BIrth Certificate # 007-1 01 01 as recei ved by the Maryland -
REDEMPTION MANUAL FOURTH EOITION 362

DEPARTMENT OF HEA LTH AND WELFARE (Division of Vital Statistics) and all
Debentures, Indentures, Accounts, and all the Pledges represented by same included but not
limited to the pignus, hypotheca, hereditments, res, the energy and all products deri ved there-
from. nunc pro tunc, but not limited to all capitalized names: BENJAMI N FREEDOM
FRAN KL IN, BENJAMI N F. FRANKL L'i, B.F. FRANKLIN, BENJ AMIN FRA.' iKLIN
or any derivatives thereof, and all contracts, agreements, and signatures and/or endorsements'
facsimiles, printed, typed or photocopied of owner's name predicated on the "Straw-man. t
LLC (ENS LEGIS ) described as the debtor and all property is accepted for value and is
Exempt from levy. Record owner is not the guarantor or surety to any other account by
explicit reservation. Adjustment of this filing is from Public Policy HJR-1 92 and vee 1-104
and 10-104. All proceeds, products, accounts, baggage and fixtures and the Orders there from
are to be released to the Secured Party as the authorized representative of the debtor. Debtor is
a commercial transmitting utility and is a trust.
2. To begin the filing process, type or copy the following URL into the location bar of your web
browser: https://fortress.wa.gov/dol/ucc/
3. Click on the button "Credit Card Login"
4. , Click on the Menu Item "File a Financing Statement".
5. Use th e following screen captures from th e vee \\'ashington web page to guide you in
filing out th e field data. Observe all blank fields. Click the submit button when you are
through.
Note: The reason for leaving the Phone Number, email address, and Social Securi ty Number blank.
is as follows: Should an agent wish to contact you, they must do so in writing. "This is a self
documenting process, required in the event of any attempt to defraud you in the future. Your Social
Security Number is private property- you are not required to give it to anyone per federal law.
Note: Due to constraints in the design of the online interface, the format of some information will
be different than on the sample UCC- l FINANCING STATEMENT provided on the Bonus CD .
Some field values must be selected from a list box.
-- _ Cont act Name

FILER
Phone Number
---
, I e enJ a m i~Fre ed om: Franklin I NtA
1=,,",=pan
~Y~Name
============::J1
===·:A: ddr=:.: SS:': :==============I
.-...
1
Mailing Ackress
I Cio 1116 Redempti on Road I
I I
Dty state
8 ::1Baltimore
Postal Code
;;wr: 121 201 I
REDEMPTION MANUAL FOURTH EDITION 363
I
Last Name: rs-st Name Middle
SuffIX
•
-
I fRAN<l.N
J'l.1aifn g Address
===
I]oo~",~'~""~'
Name
I' RfEl)()M I 1_ :::1 I-
I
IP.o . OOX1234
Post al
L
City state Country
Code
I BALTt.IOR'
Optional: SSN
I;;:
""~yIond
=---3-=-· 121 201 = = ;--------:::1
lU¥ed St&l:es _ I-
I I
r same A<ttess ~
SECURED PARTIES
Initial Fin.neln Statement Secured Perl
-
.1iddle
First Name SuffIX
Las t Name:
!ffn . .
Name
1},,"~p.;.!ITJI~' ==== Ifreedom I 1_ 3
-
Mailing Address
I cA:l 1776 Redeil $bJI ROllId
i
I-
Postal
City State Colmtry I
Code
I""","" :::1 121201 I ~ed States~ -- _~_ :::1 -
Optional: SSN
1 -
CO RRECTIOl" NOTE; In the 'Debtors ' section above, the Debtor is an 'ORGAN IZATION ·.. .
-
SO CLICK THE ORGANIZATION BUTTON ! I
L
PLUS. in the 'S ecu ...ed Pa rty ' sectio n. the first letter of the last name should he capitalized... but
some people use the above format/style of their name; Benjamin. Freedom: o f the family or
franklin. but primarily o n letter type co mmuniques. This is your call on how yo u want use your c -
name. You are the sovereign !
I
-
I
-
REDEMPTION MANUAL FOURTH EDmON 364
-
COLLATERAL
Note: There is a bug in the program that manages the Washington State electronic filing for the
collateral section. When the 'fonn' is filled in and you press 'submit: it usually puts up an
inform ation window stating that it doesn't recognize the 'foreign symbols.' ( @ S & ( ) ! # -
Periods, commas, etc.). In thi s case, you will have to go back and 'DELETE then RE-TYPE ALL
SYMBOLS! Once this is do ne, try submitting a second time.
MISCELLANEOUS
..
r- - .
~ ~'~ESSff::U:SSOR::'>:JI"'"
r ..............'"
r SB.LER.ElMR
(" "'GLEN
r NQN.UCC FU<G
Request SEARCH REPORTtS) on [)eb(Qf (s) IAOOITlOllAL fEE $11.11 pel" debtCK nanlfl )
r- - .
r AJ Debtors
r Debtor 1
r Debtor 2
._ - - - - - - - -
No te: Just a reminder not to om it the selec tion "Debtor is a TRA NSMITTrNG UTILITY". If
yo u forget this you wi ll have to re-filc after the "Lapse date" on yo ur acknowledgement
receipt. If you select this option a Lapse date wil l not appear on yo ur receipt.
CORRECflON NOTE; below, in your filing do check the 'button' that the Debtor is a
Trust!
ADDmONAL DETAILS
r: This FINAOCING STATe.'ENT is to be filecl [for recad] (cr recaded) n the REAL [ STATE REaJRDS.
•
• r (letj:or is eo Trust or
C Trustee !'lCU1g wIt1 respect10~operty held or
c:: Decedett's Eslllle
r. None.
r. Det10r is III TRANSMTTIIlG l1T1JTY

r Fled n ca .ledioI, wtl'1 eo Mllf'uflllCbl~ Tflllll$<k1ia • • erteccve 30 yelllt"'!
C Fled n ca. edicl. wth eo Pl.dc-Fnance TrlllnSaction . ettectree JO yetrs
r .....
5o.bm< I ."" ,
6. Be sure to PRINT 3 copies of YOUR ON-LINE RECEIPT ("Acknowledgement of Initial

Financing Statement" ) at the co ncl usio n of your transaction. You will transfer the information
from your receipt to a UCC FINA NCING STATEMENT (National Form), a.k.a., UCC- I.
REDEMPTtON MANUAL FOURTH EDmON 366

PREPARING YO UR NATIONAL FORM:
Note: The instructions in this section assume that you have the .required resources. However,
if you are completing the process manually or with a typewriter, make a copy of the UCC I-
FOnD in the Appendix of this manual. If you did not compete the online filing in the
proceeding section, use this section to prepare your UCC-l for filing by mail instead. Be sure
to send them a second copy and a money order for the filing fee. Affix a note or prepare a
cover letter, at your option, asking them to stamp the second copy with your filing number and
return it to you. A true and correct copy of this will serve in the same capacity as the
document being prepared by electronic filers in this section.
Assuming that you have completed your filing online as suggested and have printed out your
RECEIPT: "Acknowledgement copy of Initial Financing Statement", you must now transfer the
information to a standard UCC- I fonn. Although your acknowledgment receipt co ntains all of the
appropriate infonnation from your filing, we are accustom to using hard-copy UCC- l forms
completed. You can use the ' acknowledgement copy' for your commercial transactions, b ut again, the
UCC- l NATIONAL form is the standard.
Once you create the hard-copy UCC- I by retyping on a UCC- I Form or doing actual ' cut n paste' from
identical information printed off your computer, you will sign it in blue ink and make a true and
correct copy to submit in the Charge Back process to be described later.
The VCC forms on the Bonus CD require Adobe Acrobat. If you don't have it installed , there is a copy
of the software on the CD. If you are online you can also retrieve the forms at the following website:
http://vvww.state.va.us/scc/d ivisionfclklfee_u ce.htm
1. Place the bonus CD in your drive and open the file: "SPC DocumentslU CC FORMSIUCC- I".
If you do not have access to a computer, you can use the sample text at the beginning of this
section.
2. Using the table below or the sam ple UCC- l National Form as a guide, enter your information
in sections B, 1, and 3. Entries in the table delimited by double quotation marks should be
entered as shown. Instructions are shown in parenthesis.
Field Descrt ntlon Item Identifier

B. SEND ACKNOWLEDGMENT T O: (Name and Ad dress) 1 SP NAME
2 SP ADD RESS
t c . MAIUN G ADRESS 3 DT ADDRESS

CITY 4 DT CITY
STATE 5 DT STATE
POSTAL CODE 6 DT ZIPCOD E
COUNTRY 7 DT COUNTRY
Id. TAX ID # SSN OR EIN 8 SSN
Ie. TYPE OF ORGANI ZATI ON 9 "Ens Leais-LLC"
If. JURISDICTION OF ORGANI ZATION 10 " Privat e"
I g . ORGANIZATIOL ID #, if any 11 8 C_REG_N O, ( Fill in
Checkbox)
3b. INDI VID UAL'S LAST NAME 12 SP LNAME

FIRST NAME
MIDDLE NAME
13
14
SP
SP
FNA ME
MNAME
-
3c . MAIllNG ADDR ESS • 15 SP ADDRESS
cm
STATE
16
17
SP
5P
crrv
STATE
-
COU NTRY 18 SP COUNTRY
-
3. Box 4: Open the file yo u saved earl ier with the text you prepared for yo ur online UCC-l Fi Ig
You may need to red uce the font size in Microsoft Word to make it fit. No te: there is no W"-r tc
change the font size in Acrobat Reader.
If you only have access to a typewriter, or a computer without the required so ftwere,
reconstruct the text from section 4 of your filing . Fire up you r word processor your reformat
your data to fit in a space that is 2" high X 7W' wide. Start with a 10 point font. If you nee: to
sq ueeze the text down more to fit, reduce text to 9.5, 9 or 8 point if necessary to m ake it fi t-ret
the 'paste-up !' If you still have more text than will fit on the fonn in box 4, insert it at the end of
the text that will fit the words: "see attachment". and continue your collateral statemen t 0 a
separate sheet of paper. Keep in mind it is better to keep all of your information on a sirrgte
sheet.
4. Leave line 5, and 6 blank. l

5. Line 8: OPTIONAL FILER REFEREN CE DAT E - Insert your secured party na e
(SP_NAME) under the word 'Optional'. To the right of this text is where you will sign in BlO'!-
ink.
6. If you completed your primary filing on line, transfer the following informati on from you r
acknowledgement receipt to the box at the top of the fonn above the text "THE ABO\'~
SPACE IS FOR FILI NG OFFI CE USE ONLY". This is the only area of the form that y. ,
cannot type in. so you will have to create the text and p aste into the/arm . -
•
•
Filing Number
Date and Time of Submission -
•
• Expiration (Lapse) Date
Note : An expiration date will only appear on your acknowledgement receipt if you didn't make
-
the selectio n " Debtor is a TRANSMITTING UTILITY". .
7. Sign yo ur completed UCC- I FINANCING STATEMENT in blue-ink, make several copies in

-
'Black-a-white.' These ' copies' are the on es you use to m ail out when needed ... as 'True an
Correct Copies ' . . . by sign ing below the 'black' signature a second signature in ' fresh ' Blu-
Ink ! (draw a line in margin area if you wish!) Place your original UCC- l in your safe place or
file. You will use a 'copy' of your UCC- l in the Charge Back process.
Note : if yo u file your UCC-I via the mail, it be ing a "ha rd-copy," be sure to r ead
-
the
'instruc tions' on th e back of the UCC- I or that comes with the h ard-copy format from Secrerar-
of State Offi ce, etc. _

-
CHARGE BACK DOCUMENTS
COYER LETTE R: Prepare your cover letter to the Secretary of the Treasury of the United States.
I. Before beginni ng this section, verify and document the name of the current T reasury Secretary
at http://w,,"w .tr eas.gov/organ izationlofficia ls.html. You will need it for the cover letter.
Currently, it is John Snow
2. Place the bonus CD in your drive and open the file: "SPC Documents/Charge Back/sample
cover letter". You can use the sample to guide yo u in preparing your Cover Letter .
3. Now open the file "SPC Documents/Charge Back/generic cover letter", and Double-click on
the header sectio n. Record the tra cking number on your shipping air bill . When yo u are done,
close the pop-up toolbar and go to the top of the document.
4. Double click on the header and record the tracking number on your DHL, FedX or UPS Air
Bill.
5. Scan the cover letter and make appropriate replacements for all identifiers called out in the
tabl e below. All identifiers are color coded in bold text for easy identification. After replacing
each identifier. click the [!] button on toolbar to deselect the bold text, and change the font
co lor back to black with the ~ drop-down tool on the toolbar.
Document P~# Item # Identifier

Cover Lette r to Tre as . Sec. 1 1 SOT NAME
2 MONTH NAME
3 DAY NO
4 YEAR NO
5 SALUTATION
6 SOT LNAME
7 EXEMPT ID
8 DT NAME
9 SP NAME
10 SP ADDR ESS
11 SP CITY
12 SP STATE
13 SP ZIP
14 SP COUNTRY
15 EXEMPT ID
6. Sign the cover letter in the fonnat of your secured party name (SP_NAME) using a blue ink
pen and make a color copy for your records.

I
BIRTH C IRT IFICATE ACCEPT~"'CE : -
When you were born. the hospital sent the original copy of your "'Record of Live Birth.. to the I at
Bureau of Vital Stati stics, sometimes called the Department of Health and Rehabilitative Service -
(HRS). The Bureau of Vital Statistics then issues a Certific ate of Live Birth, a.k.a, Birth Centfi, te
and registers it with the U.S. Census Bureau, a sub-agency of the U.S. Department of Commcrce. L
Note: The word registered here has the same meaning as it is used in commercial or legal
based equity law; once registered, something is surrendered ! The Debtor has become surety, _
or guarantor, of the debt that has been attributed to you, a condition and obligation that is
automatically and unwittingly assumed unless you rebut the presump tion by Publi c Notice vi a ~
the redem ptio n process in light of the U.S. Bankruptcy as being admi nistered . _
Note : The case of the name on the birth certificate does not always appear in ALL CAPS. )
Once the state has registered yo ur Birth Certificate with the U.S. Department of Commerce, the
Department notifies the Treasury Department, which takes out a loan from the Federal Reserve. i e
-
Treasury uses the loan to purchase a bond from the Department of Commerce, whi ch invests 'ft1e
proceeds in the stock or bo nd m arket. Have you ever received a benefit for thi s investment that was
made on your behalf? Now is your opportunity to claim one by filing yo ur UCC-I FINANCn ::;
STATEMENT. The copy of your C erti ficate of Live birth is your nexus to yo ur Debtor. By takmg
control of your Debtor, the Birth Certificate, and other collateral, you have taken contro l. You have
filed and placed that ' superior security interest ' on the Debtor, the collateral and all the property. t
In this step you will prepare your Certificate of Live Birth ak .a., Birth Certi ficate. for use in the
-
Charge Back process. It will back the Bill of Exchange in letter format. Since it was th e registration =
yo ur Birth Certi ficate that established your status as debtor and property to the International Bankers",
you will now reverse the process by your regi stration via your UCC- l and the Charge Back process.
and you wi ll "charge up" your VCC Contract Trust Account. \
You must use an o riginal certified copy of the Birth Certificate with the official stamp (usually a raise-!
-
seal) from the ag ency authorized to issue birth certi ficates in the state and county where you were bor
This is usually the 'Vital Statistics Office ' withi n the State yo u were born and in som e cases it could 6e
a county office. The most current Birth Certifi cates issued today are on colored 8Y2 x II Bank Stoc''
Paper.
-
The birth certificate already has a unique number associated with it, so it will not be necessary for yo-
to create on e.
There are usually two sets of numbers on most birth certificates. One is the regi stration number, an •
-
the other records the issue of the document itself. The registration number usually occurs fi rst and i
the larger of the two numbers, e.g., BC -#4 5- 108806 -
I. Stamp th e Birth Certificate with your ACCEPTED FOR VALUE Stamp. BE SURE to plac<_
the MV stam p In an area that has open space so that you will be able to READ the info rmatio n
that is filled in after it is stam ped. Positi on the imprint at a 45 decree angle with respect to thr
bottom edge of the certifica te. _
REDEMPTION MANUAL FOURTH EDITION 370 -

2. In the stamp 'text lines' where appropriate, fill in:
Field Inst ructions ,

Exemption 10 # EXEMPT 10
UCC Contract Acet . # SSN
Value '!100 000 0 00.00
Date The s h~ n Cl da te for vcu r nackace
lsi You r si nature : SP NAME
3. If you have an amendment to your BClCLB or a page two, be sure to stamp it with the
ACCEPTED FOR VALUE stamp and fill out the same way except, leave the Value field
blank : VALUE: 5 blank_ _,
4. Make 'Color Copy' for your records. You will send the original Birth Certificate with your
Charge Back papers to the Treasury.
BILL OF EXCHANGE RE: C HARGE BACK with BIRTH Cer tificate :

•
The Bill of Exchange is your directive to the Secretary o f the Treasury of the United States to 'charge
up' your VCC Contract Trust Account. Credit from acceptance of Birth Certificate (by the SPC) for
the value expressed on it (suggested now at S I00.000.000.00). This is very similar to the way a debit
card works - unlike a credit card - you must first make a deposit (charge up) the card before you can
use it. See the sample in the book as well in the CD.
1. Place the bonus CD in your drive and open the file: "SPC Documents/Charge Back/sample Bill
of Exchange". You can use the sample to guide you in preparing your Bill of Exchange.
2. Now open the file "SPC Documents/Charge Back/generic cover letter". and Double-click on
the header section. Record the tracking number on your shipping air bill. When you are done.
close the pop-up toolbar and go to the top of the document.
3. Double click on the header and record the tracking number on your air bill.
4. Scan the Bill of Exchange and make appropriate replacements for all identifiers called out in
the table below. All identifiers are color coded in bold text for easy identification. After
replacing each identifier, click the [!J button on toolbar to deselect the bold text. and change
the font color back to black with the ~ drop-down too l on the toolbar.
Docu men t P'!!Le # Item # I de nt ifier

Cover Letter to Treas. Sec. 1 1 SOT NAME
2 MONTH NAME
3 DAY NO
4 YEAR NO
5 SALUTATION
6 SOT LNAME
7 SALUTATION
8 SOT LNAME
9 SP NAME
REO EMPTION MANUAL FOURTH EDITION 371

10
11
SP ADDRESS
SP CITY
-
12 SP STAT.E
13
14
SP ZI P
SP COUNTRY
-,
15 EXEMPT ID
5. Sign the cover letter in the format of your secured party name (SP_NAM E) using a blue ink
-
I
pen and make a color copy for your records. ~
1040 ES: Complete a 1040 ES for the current quarter of the calendar year of your mailing. i.e., I Jl~
2nd, 3rd • or 4 th QUARTER as per th e dates shown on the 1040 ES form.
I. Fill in the Debtor's name, address. city. state, and zip code in ALL CAPS, with amount-
field left blank. The 1040 ES does not have a signature field . •
2. Make a black and white copy for your reco rds -

UCC F INAN CING STATEMENT: Make a true and correct copy of the National Form you prepared
earlier to document your online UCC- I fi ling. -
ClL\RG E BACK SUBMISSION
I. Make two ' original' sets, one to ship/mail otT to the Sec. of the Treasury and one to use to
-
make copies. There all signed in Blue ink before copies are made! Take one set the five Charge
Back Documen ts to a notary for co py certification. The fonn "Copy Certification by Document
Custodian" will be required for this process. If your notary doesn't have the form, an exhibit is
-
available on the Bonus CD and in the appendix of this book. Fill in all information fields and
-
list the five documents relating to the Charge Back that will be submitted to the Secretary of the
Treasury of the United States. The 'Copy Certification' is placed on top of the copies and you
can I or 2 sets and these will be kept by the document custodian (you) to verify the authenticity _
of the documents and these copies will be placed in your file and one in the ' safe' place.
Note: In the space on the ' Copy Certification' for listing your documents, identify each L-
document with its unique identifier or tracking number, and in regards to the Birth Certi ficate
- list its Number, identify the T&C copy of your UCC-l by its filing numb er, and list your
1040 ES, and j ust reference the DHL, FcdX or UPS tracking number in the space provided on _
the form, as... 'shipped by '
2. Organize your documents from top to bottom in the following order:

-
• Cover Letter to the Secretary of the Treasury of the United States
•
•
Bill of Exchange
Birth Certificate
-
• uec-I
• 1040 ES -
3. Finally, ship the Charge Back documents with yo ur chosen carrier. Be sure to specify "next
day service". .
NOTES: -.

Posted: DHL A irbill Track ing Number 98568 151538 1 /II -
I
I
"SOX-NEGO TIA BLE"
•
-
Charge Back
-
John Snow. dba Secretary 12) I-
Department of Treasury
1500 Pennsy lvania Ave, NW
Washington, DC 20220
Octob er 17, 2004 13]
Dear Mr. John Snow, Secretary-in-charge :

-
I have accepted for value all related endorsements in accordance with V.C .C. 3-4 I9 and HJR-1 9")
Please Charge my UCC Co ntract Trust Account via Exemption Number 101881776 )4) for ~
registration fees and command the memory o f account 101-88- 1776 to charge the same, to the debtors
Order, or your Order.
Th e total amount or thi s NON-NEGOTIAB LE ACCEPTANC E FOR VALUE in the enclosed f i li t
is S IOO,OOO,OOO.OO. 15] -
Thank you for your time in this matter. If you have any questions or need my assistance please fe-'
free to contact me. Until then, r am
Sincerely,
Without Prejudice -
=== c:-r:= =-= uc:-.. . . - _
Benjamin Freedom Franklin 17]
16
]
-
c/o 1776 Redemption Road
,
Baltimore, Maryland state 21201
united States of America
-
Pre-paid -Preferred Stock
Enclosures:
Priority - Exempt from Levy
-
Bill of Exchange
Birth Certificate
UCC- I
-
1040 ES
-
-
REDEMPTION MAN UAL FOURTH EDITION 374
Data Sheet For:
Charge Back Cover Letter
The bracketed numbers [ ] that appear on the Sample Charge Back Cover Letter indicates the
information to be inputted on your Charge Back Cover Letter with the example to the right. Remove
all 'number brackets' on your finished document.
Item: Data: (Example)
IIJ Tracking numb er how sent 985681515381

.. •should ONLY be sent by private carrier IU PS-FEDX-DHL, ETC.!
[2] Address of Secretary of Treasury leave as is on sample document
13) Date letter prepared and sen t October 17,2004
(41 You Exemption ID Number 101881 776

.(it's the de~tor's SS # without hyph ens)
(5] Dollar amount of C h ar ge Back 5100,000,000.00
[6] Secured Party Name Benjamin Freedom Franklin

Signed in Blue Ink
[7) S ecu r ed Party Na m e Benjamin Freedom Franklin

and address with EIN # d o 1776 Redemption Road
united States of Am erica
18J Exemption ID Number . EIN 101881 776
Pre-paid - Preferred Stock
Priority - Exempt from Levy
(9J Footer - Charge Back Cover Letter
1101 Item Number Sample; 021705-CBI-BFF

You create per each document.. .use your initials on the end if you want.
NOT E; When Charge Back Cover Letter and Bill of Exchan ge is completed with Birth
Certificate stamped with information field filled in and signed, tru e and correct copy of UC C-l
(filed) and 1040 ES filled out•. .. Make additional color copy of your originals, make 1 copy and
place under copy certifica tion. Mail or ship signed original to Secretary of the Treasury.
Track tracking number via intern et or wait for green card to return.
Place 'receipt', green ca rd or UPS or DHL shipping airbiII with your color copy, keep in a safe
place.

Posted: DHL Ai rbill Tracking Number # _ -
"NON-NEGOTIA BLE" .
Charge Back -
John Snow, dba Secretary

Department of Treasury
1500 Pennsylvania Ave, NW -
_ , 2004 -
Dear Mr. John Snow, Secretary-in-charge: -
I have accepted for value all related endorsements in accordance with V.C.C. 3-4 19 and HJR - l~ .
Please Charge my vec Contract Trust Account via Employer Identification Number
...,.._ _;- --,-;- for the registration fees and command the memory of account _ -_ - I
charge the same, to the debtors Order, or your Order. '-
The total amount or this NON-NEGOTIABLE ACCEPTANCE FOR VALUE in the enclosed filing
is 5 I00,000,000.00.
Thank you for your tim e in thi s m atter. If you have any questions or need my assis tance please feet
free to contact me. Until then, I am
Sincerely,
Without Prejudi ce
-
, , state
--dc-S""tates of America - - -
-u-n'ic,e -
ElN -,-,-,-;-"----".-----,,.-,,.----,
Pre-paid -Preferred Stock
Priority - Exempt from Levy -
Enclosures:
-
Bill of Exchange
Bi rth Certificate
UCC- I
-
1040 ES
-
Po sted: DilL Airbill Tracking Number; 6 111676233 [IJ
John Snow, Secretary 121 •

Department of the Treasury
1500 Pennsylvania A ve. NW
"NON-NEGOTIABLE BILL OF EX CHANG E"

Trade Acceptance
IN AC C ORD WITH IIJR-1 92
October 17, 2004 131
RE : "CII A RGE BAC K" o f PERSO NAL UCC C ONTRACT T RUST ACCOUNT
Dear Mr. Snow. Secretary-in-charge:
Enclosed are documents (copies) from my examination of my Commercial Agreements. which are
listed on the enclo sed (accounting). with Receipts and other evi dence that I have accepted for v alue (all
related endorsements front and back to include those in accord with UCC·3-4 J9). The total amount o f
NON- NEGOTIABLE C IIARG EBACK enclosed is S100,000,000.00.
Please "charge-back" to my UCC CONTRACT TRUST ACCO UNT at SIOO,OOO,OOO.OO and
charge my account for the fees necessary for securing and regi stration for the priority exchange for the
tax exemption to discharge the public li ability of my personal possessions, and command memory of
account # 101-88-1 776, (4) to charge the same to the debtor's order or your order.
This Posted DilL Tracking Account Number 6111676 233,[5] and the food s (money of account), is
part of my tax estimate. and is directed for use (priority) for the Republic (Article IV. Section 4 of the
united States Constitution) in accord with public policy HJR-192. to discharge the Debtor's portion of
the public debt.
Mr. Snow. as Secretary-in-charge and/or your Deputy-in-charge, are to take my acceptance (BA).
this Article Seven receipt. in exchange for the tax exemption priority. This NON-NEGOTIABLE BILL
OF EXCHANGFJ Trade Acceptance is in accord with HJR-192. and is presented for the receiver to the
Federal Window. for settlement (EFT). within the three (3) day Truth-in-Lending time for settlement of
retai l agreements.
Wi th this POSTED transaction the "CHARGEBACK" documented by the enclosed fOnTIS are for
use by the Republic, and is complete.
If you need more information or assistance with charging my Treasury Direct VCC CONTRACf
TRUST Account. you may write me.
Sincerely.
Benjamin Freedom Franklin (6)
d o 1776 Redempti on Road
EIN No.101881776
Pre-Paid-Preferred Stock
Priority -Exempt from Levy
See attached documents.
•

Data Sheet For:
Bill of Exchange on Birth Certificate
-
-
The bracketed numbers ( ] that appear on the Sample Bill of Exchange indicates the information to be
inputted on your Bill of Exchange with the example to the right. Remove all 'number brackets' on yo .
finished document.
Item : Data: (E xa m ple)

-
II) T r acki ng number how sen t 611 1676233
.. .sent with the Charge Back - UPS, FedX, DHL, etc.
-
121 Add ress of Secreta ry of Trea sury lea ve as is on sa mple document
(3) Date letter prepared and sen t Sample; October 17, 2005
[4) You Debtors SS # Sa m ple; 101-88-1 776
15J Dollar amount of Charge Back
(61 Secured Party Name

$100,000,000.00
Benjamin F reedom Franklin

-
Signed in Blue Ink
[7] Secured Party Na me Benjamin Freed om Franklin

-
and address with EIN # d o 1776 Red emption Road
Baltimore, Marvland
•
state 212 01
united Sta tes of Ame r ica -
(81 Exem ptio n ID Nu m be r . E IN 101881776
Pre-paid - Preferred Stock
Pr-iority - Exem pt from Levy
19] Foot er - C h ar ge Back Cover Letter

-
110) Item Nu mber Sa m ple; 021705-C BI -BFF
You create per each documcnL .use your initials if yo u want.
NO T E; \Vhen C ha rge Back C over Letter and Bill of Exchange is compl eted with Birth
Certificate stamped with information field filled in and signed, true and correct copy of UCC-l
(filed) and 1040 ES filled out.• .. Make additional color copy of your originals, make 1 copy an e..-
place under copy certification. I\lail or ship signed original to Secretary ofth e Treasury.
T r ack tracking number via intern et o r wait for green card to return.
-
Place 'receipt' , gr een card or UPS or DHL shipping airbiU with you r color copy, keep in a safe
place.
-
-
-
Posted: DHL Airb ill Trac king Account Number; _
•
John Snow, Secretary
Department of the Treasury
1500 Pennsylvania A ve. NW
"NON·NEGOTIABLE BILL OF EXCHANGE"

Trade Acceptance
IN ACCORD WITH IIJR·I92
October 17, 2005
RE: "CHARGEBACK" or PERSONAL UC C CONTRACT TR UST AC CO U"'''

Dear Mr. Snow, Secretary-in-eharge:
Enclosed are documents (copies) from my examination of my Commercial Agreements, which

are listed on the enclosed (accounting), with Receipts and other evidence that I have accepted for value
(all related endorsements front and back to include those in accord with UCC-3-419). The total amount
of NON· NEGOTIABLE CHARGEBACK encl osed is S I00,000,000.00.
Please "charge-back" to my "Treasury Direct" VCC Contract Account at SI00,OOO,OOO.OO and charge
my account for the fees necessary for securing and registration for the priority exchange for the tax
exemption to discharge the public liability of my personal possessions, and command memory of
account # _ _ ' to charge the same to the debtor's order or your order.
This Posted DHL Tracking account number and the funds (money of account), is part of
my tax estimate, and is directed for use (priority) for the Republic (Article IV, Section 4 of the united
States Constitution) in accord with public po licy HJR-192, to discharge the Debtor's portion of the
public debt
Mr. Snow, as Secretary-in-charge and/or yo ur Deputy-in-charge, are to tak e my acceptance (SA),
thi s Article Seven receipt, in ex change for the tax exemption priori ty. This NON·NEGOTIA BLE BILL
OF EXCHANG EI Trade Accep tance is in accord with HJR-192, and is to be presented to the receiver
to the Federal Window, for settlement (EFT), within the three (3) day Truth-in-Lending time for
settlement o f retail agreements.
With thi s POSTED transaction th e "CHARGEBACK" documented by the encl osed forms are for
use by the Republic, and is comple te.
If yo u need more in formation or ass istance with chargi ng my vce CONTRACT TRUST
Account, yo u may write mc.
Sincerely,
c1o - --
= = ;-" _ _ ~, state
ErN No.
Pre.Paid"'
.p
"'t-efi"'err
- ed""Stock
See attached documents. Priority -Exempt from Levy

VCC FINANCING STATEMENT I
AMENDMENT (UCC-3) -
(Note; th e UCC-3 is not used in the C ha rge ba ck Process!)
-
Once you become a Secured Party Creditor, you can use the vce Financing Statement Amendm i 1..
a.k.a., UCC-3 to make amendments to your UCC- l filing . Article 9 of the Unifonn Commercial Cue
governs the rules and requirements relating to the UCC-3. It is highly recommended that you become
acquainted with Article 9 so that you have the important information necessary to manage your priv e
affairs. Both a short and long version of Article 9 have been included for your edification on the 80l-s
CD .
We will not cover the UCC-3 in as much detail as the UCC- l or explain how to do the online fiJi~ .
However, we do provide a sample UCC-3 in the Appendix to dem onstrate how one would amendment
the UCC- l to add a vehicle. A UCC-3 form in Adobe PDF format is available on the Bonus CD . 11 ;
file may be filled out once you load it in Adobe Acrobat Reader. If you find it sometimes difficult-to
use the 'acrobat' format, you may just want to do a 'Hard-copy' cut-n-paste method!
The UeC-3 is used to AMEND add & register collateral that you want to show a clear and superior
security interest (title) in such property. While the list of collateral included in the SECURITY
AGREEMENT is comprehensive it only represents an agreement between you and the debtor. Th
uec filing becomes evidence of'Title.' Remember that ownershi p (was) with the state: -
"The ultimate ownership ofall property is in the State; individual so-called "ownership " is
only by virtue a/Government. i.e.. law, amounting to mere user; and use must be in
accordance with law and subordinate to the necessities ofthe State. "
Senate Document #43; senate Resolution No . 62 (Pg. 9 Para 2) April 17, 1933
Example items include cars, boats, planes, motorcycles, torts claims, court cases (docket and type o.f'
-
\
case), horses, contracts, dogs. real estate notes. wills, divorce proceedings. utility and bank accounts. .
. ~
Just to name a few!
The most common application of the UeC~3 after completing your UeC-l filing is to:
-
I. Add 'permi ts, licenses. etc., that you may have omi tted on your original filing , or after the
filing. For example, say that you obtained a U.S. Passport or got married since your filing, 0L
simply forgot to include one of your licenses or permits.
2. Register any vehicles (Cars. Boats, Airplanes, Motorcycles, etc.) that you have quasi-title to_
Unless you register thern, the state has primary title/ownership.
3. Registrati on of all accounts: electrical, gas, garbage, bank... on one UCC-3

-
In regard to vehicles, we recommend that you file a separate UCC-3 Amendment for each car, boat,
motorcycle, plane, etc, that way you are not advertising all of your vehicles on a single amendment. _

-
We recommend that you keep a copy of a UCC-3 in each vehicle to notice peace officers and other
agents of the bankruptcy that you have a superior security interest and lien that is above the state, and
could assist in preventing your vehicle from being impounded or confiscated. Should your vehicle be
seized and/or impounded, your remedy is Tort! You can become very wealthy should they make the
mistake of attempting to seize your assets once you have secured your property with the UCC-3.
In regard [ 0 real estate, the general practice is to file in the county where the property is located.
Complete a VCC·) filing online into the state where you filed your primary vee· }. However, there
must be a fil ing at the county level. You can leverage this filing should the county resist your attempt
to file with them. Contact the local county office to determine which VCC fonn they would prefer,
either the UCC·l or UCC-3. You must also ask them where you should file. Since this process in not
uniform from county to county, you will have to research the steps you must take on a case by case
basis. In some j urisdictions you'Il file with the county recorder, in others the required procedure may
be to file with the clerk of the court.

DEPARTMENT OF HEALTH SERVICES
,~
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CERTiFICATE OF LIVE BIRTH

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tlV'Aa TlolL"IT O' n,lJlUC HL\I.TH . v......v co '"" CDf>1.'I ..:.
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'L -"=, TIM if ,.. ..,ni r~·l""" 1100 d......--..I O. Irw ~ (>( ,~ otTocioI ..........t Ilkd ",;1111100
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K..aeo:II w. ~. MD. MPH. Dort'<1""_ SI.t~ Rq!S1rat rJlVoul Su,i..in
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tr,: 61 .../ a.I. ~ &. " "
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O'O'Q 01 Sf.It CMoI'
__ DATE ISSUED
January 1, 1944
'floo,....,--_ _' e ' .. _ _ • •, _ _ .
,
._ .. ' h U .. . . ' . . .. •

,_ 1040-E5
_._-
•
Estimated Tax for Individuals
r ....... r.....,
Purpose of This Package
Add itio nal Information You May Need

~ d trll! rl<rmawn you . . ID!d c.n bit loond ., Pub. sos.
Tn wxr.~ ,.., [stJINaId h I.
0U1l!l" ....... nrcrmaoon
• Pub. 553. Hogl-lo.1xs d 2003 Tax CI1an<J:s.
• ~ ra lhe 200J Fam l IMO a 1Q4OA,
• _ l~ Ho i at -...-,1n..g0ll.
Fa Ol!Utb lrI Il<M III get for= and pt.blir;ationli . see P'I9" 1
d lhlt 1ns1fUd.0l. .... It.'" Form llWO a 1040A.
" you have tax que5lions. cafI1-800-819· 1040 fa aS$I":ance.
For nVlTDo help . Cal 1 -.llOO.819 •ecss
Changes Effec tive for 2004

USII )"U 1003 1lI~ reun n .. guide ., f"JU'flg JOU' 2OCI4
eslimal.ed ~~ btl: be Ult kl CllI'1SI1e>" the kllkMiil '!I C/IlInges.
For mae RormalIon on these changes MllllXhrl' ehlnges the(
mzry .nea J'U Xl(W esur.-OO loll!. !lee PIil. m.
IRA ............... Il1o...:1 to n»re pooopia ~-el bJ' tMl'~
pIanlI.. Yw ITIllJ' be . . 10 ~ .Ill IRA
WYB'ell by. rettemenl pIlIn .-:l yar lCJ(W
deWc,,::.:.r: _.
IdJ.l5'ed
Who Must Make Estimated Tax Payments !Joss nODflle tAGlllS ~ lhan $55.000 {51S.o:n • mamod ra-.g
In _ uses. you _ make esDnIi"<t ux paymeru II ~ 'pKGy or ~ wodoool:O!I1.
~ O<-e «1esSl S1 .ooo In tilx lor 2004 ~~.clftg T~...c:I , _ d«b:b;>n eqaMJ~ Vw ruy be . . 10
'flU wi:~Iij and ctl!dIl5l-oo.,..... ~ ~ WlI,.r::tirlij talle .. 0d.ctl0fl d up kl s-4 .OlXJ • 'fOI 2Ql)( AlGI is flO( mon
... ~ 0 De le,;s lten !he ........ d IIWl S6S.000(SIJO'OOO • .......,.;I ~jun:IOflOf ....... " ..... <:1
1. ~ d 0. tu sr.-n on you ~ tu ....... a ..... 10 SU xlO r yru: 20M AGl is l'IDt mr;q IIWl SBO.OOO
l. TIle ax ..... lrIyo.s 200J tu (11~ d t:h8t
('$160,000 r IIl«fIBll ~J*llIYl-
8lIIa.Ill: • you. . ncI a fa'mer 0' 1bI.. " and IN ad)l5ted SW-d" • ge ,a. . The 2004 riMe kJ' r.-.ns ... d rou
'J'l'B$ 1lCu•• strJwn on lh!l( reI.In 1$ mae INn nso.ooo 0'. • "31'6 c::era. "*_The lCJ(W rail! Joy use d Y'U"
..etIc.Ii!I
...""' fling Sl!paraQ.Oly Jor 2004. rn:q lIlan S1s.o:q. -.:III 110 gel: ~ cae Of 10 _ .. 1 ~ CII'lI:!l . . . . ..
~;uol!_.' you did I'lOl ~ a 2OOll&ll..-rn 0' lrW: ~ did o.o..aion I«~"" I'yw pII!lQ.II ~
I'IOJl: 12 " ..... 0Ils. Mem 1 abote doe$l'IOJl: apply
(:IJIoW deen.t.I """ide III ~ lI»I. 1tIl! mu..un - . . } o w
ClIl "-U:l IS:
FO' !his pupoo.e. induae to.Rn>Id ~ "• • We5lbefcre
"""'acong _an:e Ele pIIyTTIeI'U nw» 10 yr-. •• 'f*;). ~ • ' 1.soo.
w lll!n I96ri9 tte tax strJwn on you tlX 'OJIU'n I . • SJ . JSO b • nock 0' """ Wlh II !JU'>S vdlocII! ~ rl "'9
• Vcu dl'all'\le Fooeral IoICtWlle laX .1Il ~ "'" ltom . ages. 0lIU" 10.000 pwnas buI flO( mall than :1'6.000 p<JUrm
~ . ...-....es. ~ wlI ' . '!J$. 0' other n ......oe a • SJ7.sao .... . UU:k or v.. ~ • !109!!i vehcIlt -.gtc r8llng
• VCU wa.Jd toe 11."lll*l!d k) malLe 8SUmaled IU Pl"(ml!nt. 10 om 2f>,llOO P<U"ds Of • bus with • $6iIting c.a~ d .II '-"Sf
_ • poonIOky l!Yl!n r J'W did I'IOJl: n:Ulie ~ lO ad.Jb (,no( IncI.dng the <rM.!f).
employmerl; lall.... wI'lerI flg.....ng you eslllTlall!d Ux. Certai1 ~ lU. no longer ltIowed ag.insI 1I1l«n111"'-
Exc eption. Vcu do l'lO( 1'IlI..., to pay esa/llMl!d lax r J'W _ a nwwn...n In lAMT}. ' hrf oeoa rc- child and o..perldenl e.8
U.S. Cl:1af1 0' resident alief1 fcr a. d 200J 'nd J'W Iwj no laX ~ etv<ll la !he eidllrly Of the dis.'lbled. 8llJl:Iollon
IabIIl') fO' the U 11·moolfl 200J tilx 'Jl!M. credb . arJ1 l'rMXlgy Inlerest cn!dil will 00 IongAr be aluwed
T.... estirTlllled lax I'\JIIl5 apply l~ Ilg"'nst AMT. H<_ ..... !he (;tlild tax credit, llOOplIol. Cl9dl, a...,
Cfed l lor qualofoed I1llltemer1 sav.' '!P contI1lUJons ... SIll be
• U.S, Cltl1ens an:! residenl:s, aUowflCl "'9Slnst 'j<>.11 AM T.
• Rt!SI<MrU d Puerto RbI. !foe ~in IsIaMs. Qam. !toe HaaIttI uwngs aee';UllS. BegnrWlg In 2004 . eIg" nllo'iduIIlS
Com/llO"llroealth of Ihe Northem Mariana ~. and """"'-' CDYefed by. tJ9l-<leliJctllle heallh nslSal'll:l! pilon may be able
samoa. 'nd to open. teIIh _1I'lqS 8CDI.nI (HSAJ. ~ tmIIs,
• J«<Ir1'e<idBJI'" t-<se Form 10«1..£5 (NRIl alrW'ltUions 10 .til HSl. _It de4Jclibie and .11 ....._ " a ble r
~by--~d~~m~E~.~~
HSA . . Lu; oefe!'ed , DMtll..u;ns!rom ~ HSA fO" medal
expei&on.e l'lO( IaqbllL
e..- " .1n.oT
REDEMPTION MA NUAL FOU RTH EDITIO N

383
u p..Ml t.. . _ _ n
k*Mo olg
II. Ire mne u.s Jam "'l'fII IO ~ llll'
benBI'u weq ~ to eqlnl,
basisJ,. yw may be"~ ~ <J' elrrlii illlte lIE ........... gf you
reqJi"ed eslilnaIed In paymenI klr one lJ' .....e perU1S by
• 0ed ..... 1a ~<J' llxpei=S paiO a lnCU'T9d Ifter 2Ul3
• 0Iw1Cl d Colmboa rr Sl .tn1e I'oneDuy8' <:nldII b I'anI!s
p.I'l::llit5ed after 1 003
• Q Il(j( ru ina~ r_ arct! Od... illes !applies 10 ...........,cs
paid a IflOITOO afll!r.U'le 30. l"lllU)
StancWd dedud ion. lf J".! 00 noc.~ you <ted!!!"1i<nS.}'OJ
"'-
uYg ITe ItIn.I8Iled
1 0 amon:! 01 lXlff!ld
. COi'"
i1bU1< .1t'I'I meITIOll
ycu estlTllIti'Jll
EstilnM..:l Ta PlI)'ITMIfltlo on pilo!:JIll3,
Paym ent Due Dates

In, _
Pt-. SOS s..
Amerldng
...., UIlle tie 1004 5lIfrlIrd dedJanllis*' below kr you '*'!I You...., P'Y " of J'lU' e5IlllWJld t-. by AJd 15. 2Q(l.t , ot in
~ . iou' eq.MI amo.ns by ITe CMI,!!I: $Il(Mrl billow
20lM Fang Sl.a~ ~d DIo<h""'" 1st paymenl • Ap1l 15.2'004
Mamed 1Jr.g P"t-j <J' QuaI(yt1g wIOowlal • $9 ,700 2M payfOOfll . .June 15. 20lH
HMdol ~ • •• . • • • • • • • . SI. ISO 3fd paymerc • 5epL 15. 201M
snpt or ~ ~ ~ ately . . . • . . • _ « .850 41/'1 ~ • Jan 18. 2005'
.....
Itc .hel , ' )IDU can bo' ctJorned ... a ~dto. on _ude
lJl"O"" s 2004 ream. you s&af"o3ard deducUon IS lte gr• • 01;
~
• Y(I.I' _ned HUlme pUs S250

~I
It4l to u. Sl.-.dllrd ~"'"
"You dO ru: ' - 1 0 INl ke l/'Ie ~
, )IOU lie )"U 2000t laX reun by .-u.y
. . . bl ' iCIe ~ IrllJI 'f06 rea.rn.
da!! ~ 18. 2lJ05,.
31 . 2005. . . , pIIJ the
Y<u SIanlW(J dI!dul:llOn Is JJC:Jei!Se:l by Ire loIowing amoun: • . lIIUr Mlrdl 31 . 2004. yw tuwe .1oIye c.IW1ge WI ...n ..e.
to al l/'Ie e..:l d 100<1. you are; dednions. addlllonlil ta.'a!S. 01 aedllS II1aI. reqIes )IOU 10 _ _
• An.....-nPll _ ~ (wogl8 01 ' - l d hwseIl(Ikj) ..., _ . ~ ~ I.U ~ JOU 'Ih.JuId f9re the.mlLft of
6!> a_cr~ . . . . • . . • _ • • . $1.200 )"U «'IOIftMI!d lU PSY"_ by UIiIlg ITe ~ i1lOOP....
iI'I5LlImer't noe(l"llX!. explliiioed WI Pl.CI 50S A/'I:rlCIu!,tl JOS
6S <J' olOw aro:l Dllnd • • • • • • • • • • • S2.400 .bowI.
• A II'IfTIl'd IOOrvQJlII (filing p..uy Of sepll'elelyl <J' • quIlIl)'mg
wUJw(ef) fIfId . e:
~ amouru w.
~ ..... ".., . I be l he same lIS $h(Wn tte
YlIty based an )'CU income. lleducl:ions.
addiUOMlll.illB$. /lnd aedlts lor Ule morms en<ftJg bo!IOI" Ndl
6S CO" oIOlr <J' bini • • • ••• • S9S0 ~ ..... da• . As. -.... 1tiIs melto:l may . boor )'OJ 10
6S a oldB' am Dllnd • • • 51.900 sq. 01 IuM!r l/'Ie arnounI cLe lor ".. 01 mont paynwu. II" JOU
...... ttoe an"UiIIlleO i1 cu ... insl:ziIrnenI .. lEIIOl1. be .... 10 r.
9<Xl'I $pJ'"e 6S Of _ • S l .iOQ "
f orm 2210. UltOIli pii, ••ec of ESllrTIMed Ta by~.
80th ~ 66 or 00. ani t*Itl • • • • SJ1IOO"
• , m.wned Ib1Q sepll'elely. Ite!;e 4"'IUU apply Ody' )IDU cen
f_1,!!I:. a'lll jnees. MlI"l you" 2004 t-. ~I'I.
is owed.
even "
110 perelI)'
da m lin exemption ra y<U !ipW!II!. f MlMr l am fishemMJn. If a l 1easl1WO-lhi'ds or you !1OS'>

h::ome rot 2003 01 2O(W II from larnli"llJ 01 ~ )IOU may do
To Figure Your Estimated Tax, Use: oreoflte~
• n. lOG4 E _1Od f a Wor ~ on j:WJe • .

• The Ins.lrucI.lI:no tor a-.. 2004 E_ lMl To Wor~ thiIl
• Ptty" of 'fO.I esam-:J la X by ......., 18. 2005.
• Fle)'Ol ' 2QO.t form lCWO by Marall . 200S.
",X cLe. In ~ OM. 20CW ~ po,"."'"
-.I..,.
the IlXaI
an! ru: req.Ji"ed
begi'1 ... pII<JlI C 10 8YOiIl I penaI:y
• The 2OG4 t .. A.lOt ~ belOw .
• You 1003 ta~ reu-n anti Ir15uLocDcns. lJ!I • gJ'de to ~
F ~I , " ll.ixp~, you ..... on /I nscal y_
In per IOd ends on ¥f'J dey exc:epl Decembolr 31. 0.. dalE!!llor
''10-'
12· rrt01Itl
'fOJ lrr:ome. draG.ctIons. ard cr1ldIU (WI; bot !Jlnl 10 0JI'lSidEr IIsc.al yeN Il.iXJl'l)'lll"s ..e l/'Ie l SUl daJ of the 4m. 6m. and ~tl
l/'Ie e:t->gIs [fr1lC:liM lor 201M thM be9l" on peglI1). ..... ilI .. 01,..., ~ IIscII ~ and h 1SC m<nh of the
I' ycu,eo \ 8 """ lCO'. 1'Ie•• ry ltrtu)In.C .... yew (JQr "*",,il'9I1sc11.,..- , • any ~"e. dIte IaIs 011 . S&.I"l1tIJ.
e:qmpII. ........ _)OJ opos_ ycu bo.JWess cro. ~ SIIldtIJ.OI IegIll P'OIday. use h nelCf ~ dtIJ
2004 Tax Rate Schedules
Caution. Do not use these Tax Ra te Sc~du~ to fi I,ft r 2003 taxes . Use on to r I,JI" 2004 estimated taxes .
Single-SChedule X Head of household-SChedule Z
If ... 5 iii: 1'- . . iii: d". . .... 5 iii: n. I.u iii: oIl1oe
BlJIIIDf ~ &.t mr _
0Wr_ ~ OWI_ 0I0w _ 0IffK- owr
so SJ.1SO .....• 10% so so S1 0.2OO _. ._. .. HI% so
1.H.0 2'01.050 S115.oo .. 15% 1.150 10.200 38.900 Sl .02O.oo . 15% 10.200
29.050 10.350 4.000.00 .. 25% 29.050 38.900 100.500 5,325.00 .. 25% 38.IlOO
10,3S(l 1016.150 U ,us.oo .. ZI% 10.,350 100.500 162.100 20.125.00 .. 2V% 100.500
10t6. ~ 319.100 3S.111.DO .. 33% 1('-' 50 162.100 319.100 J1l,1(I .oo .. 13% 1&2,100
319.100 ' 2.-5 92.so .. 35% 3" .100 319.100 89.153.00 .. 35% 31'.100
Married filingjoinUy or Qualtfying Married filing se parately-Schedul e Y· 2
widow(er)-SChedule y .,
II . . 5 IS: n. tax Is:
-"
d ""
~
., IIroll 5 15:
o.w_ -
...-- ThIi ll.ix IS:
--
d ..
~
.""
u .soo
111.250
178,650
319.100
so SU .JQO
1"
se.toc
.2!>0
1 18.650
319.100
.. . ..... .. .
n .4:lo .oo .. 15%
1,000.00 .. 25%
l2,l,J .SO .. 28%
39.11'.50 .. 33%
86.318.00 .. 35%
1~
1(.:IlOO
se,' "
111.250
1111.650
319.100
so
1.150
N .csc
5lI.625
89.325
1S9.SSO
s U 50
N ....
58.625
89.325
159.550
..........
1115.00 ..
4.000.00 •
11.313.15 .
19,989.15.
U .164.oo ..
""
, 5%
25%
28%
33%
35%
so
1.150
N ....
58.625
29.3.25
159.550
Page 2

•
Name Cha ng e • Wrilfl"2'!llW r a m 104Q·[ S" aM J"U SSN on yu. ctw!ck (J

rnonl"f a o.. II' 'J'OU" rIIng.,:-w w:u:tlB' , Ef1[EJ [ ' - SSH lrl!l[
It you clWlged )'<JU' O'\lIme becau5e d m.l'1lIIJO. dNo'aI. ee, yn.o ..... sh<M I'n[ 00 yn.. pi"il rftm.
III1d JUl fIWIl)e ~ted liIJ paynliNlIS ~ )'<JU' ~ 1'IBITol!. aa.et\ 'fO.J' payment wilh U.
lIhd'I • SUltemenl 10 'lte '-eft d )'(U 2'lXJ.l IU l'ft61'1 On ee
- - - . . . eqllP> .. olll"e esG'naIell tall peymera JO.l end
....-.
• Enclose, tu: Ill) r10Il staple (J
-
you "'" ... made kr 2'lXJ.l end ee ~ 11M SSNfs) U1dor • Mal yo.6 peyrnent \/O.£h!r .wid ctEcll (J money (J(ler 10 IIW
wr.en you medii the p.l)d'E>CS. ~1Il'\S shown on pege 6 lor Ire plBac wherl! ya.> .....
Be !de ~ ~ ee ctw I)e ~ yt:U kxM Soo::iII Secat)' • r. WI b "'.cor-d 01 EsI ....'-l Ta PaJo... ou. on pege 6 lor
"""*-"~ omce before IWIg you 2'lXJ.lIaJr JeIU'l\ TI'*5
p"ailS detliys n ~ JO.I revn end Is:5uP:l rwIIsds. •
.....
I0I5O gil J~ JOU' lUUe soo::W!lIIClrty beneft$. Fa fnlJIe Paying by Electronic Federal Tax Payment
. . . . a l b Soo::iII 5eQny ~ «
r.eoo, 712·1213 System (EFTPS)
Amending Est imat ed Tax Payments

lOd_9i ()r 8ITIl!fICI you _ WI P")'II61b" refi9.l"e yaJ
Iall 85bnlU!(1 IIIIr p.yi,elS <i.e pre 16 of Ire ...,.i<sl_ on
~ 4l- Then U51e 'lte ...,. loShM: b' Mleio1ed _ e d tall
~ Q ~ 1nstIi _ _ MoitIIOd iI"I ChIp... 1 01 PI.&l. ~ III
119."" IJJe plIJ"""'.<l.Ie ..... IliId1 reMnng
~ la ir ~ fa. pewus ~ 15 lis trI&'l ." 01
pet',,,,,. patOO. 1' . .
ycu • •It'4>:le<l l!'SIimae<l ~ x..)'OU may " , " , ; I pe-t'IIIIky whEn)'OU

nle JO.I retl.m
When a Penalty Is Applied

In lJOme e.r.oes. you. rna')' owe • peoaty w ilen )iW fie yaI
reU'1l The peo&lIy 15 lm poseo:l on eaeh 1,I'do!r~_ b' 'lte
runbEr of dar-' • ",maillS ~. A ~ may be appIled J
you Oid not p.ory enough estmllled t!IX ror Ille yelII a JUl did 11<){
make the ~ on [me or ., the rEql_e<lllfflQ.n, A penally
m&y "PJ1Y even J yw hIlYe an OYEl'payment on you III. reo:"'n.
It. penally may be w;wed lI1dEo' """lain COfllJIOOl'I!I See
PIil ~ for deUtk
Paying by Check or Money Order Using the Paying by Credit Card

Payment Voucher
You 1M)' U!1 JCU ""-~ h:JJ'e<$4 Card. Di!Jl:or.oef "e-d.
Then! 15;1 SE!plW.e pa)""'. wu:tIer kr e.:tl <i..e.sa.. TI'e d.Je •.......c.:;:;;;;
d ard. or VlsiI c.O 10 malle esti'n81ed laX
a.. !I $h<Mrl1l'r U. l4'PE" r\l1lI carner . ~ bill !UlI }'OJ <&Ie P*Jh_. CIlIlOIlI'ee [1'''' U1II we« rll!itlllY ww:e
[/'le WIl.ICl'IIJ' " " the correa. <i.e 4ate b each ~ }'OJ po¥lOel' IsIIllJ ~.., JoIo:w!he ln5lruaIan$. II. COhel ....
malle. ca'lpIe:ie..-:l sen:l iI"Ilhe Ya.Ch!f """ 1,n."_f19
• P-JI'•• by d'iEd. (J monl!J mw. TOf;lll'rl~!he VDldu' .
ref! .... be charged by tte 5InicI! ~ besed on rtilt ........
)iQ.I'" ~ f _ may vry beft'COl ee p'l'MdQ"s. You • •
doh""ng be e:lIlJ _ U. ' - Is lUVig tte 1J-.sactIDn . . , you . . r-e
• Type (J 17" J'O" name, iddIess. .-.:l SSN In tte!lJlMa - opmn ~ ..,.. ~ (J C8I'lC8 the ...-sacuon. Yo.l C8fl
p\HCMCI 011 IN W1Jl:h!I'. I' rIr1g • pn 'IOiJCtO, abo __ J'O" ilI!lO In:l CILI *",,1 tt.- ...... be b)...ang tre P _ 's
sp:lU!O!'S _ 8"id S$N . lislthe IIMlf!lI end SSNs ... 'lte sane . . . . . . aJlornaced (lO(Jl'nEf" S&"rio:l! rumtlEI' a d'ie -milrI!J
~ on a. pe-. lI'OUChEr as you ..... IIi!!I. .,.... on p6 " . .
p'on3er's . . . - . ".,... below
F1lUn J yo:u8"id ycu sp;.>o_ pAIn 10'" WfW_"""'" .. ~,",,"- 0Iu0l PKjo •• cs ~
Si!'pIl'_ ¥O.Jd'II!n it"I5UlIld d ;I pit. wwchI!r
• E... ifI tte bo:I: pn:Mded on.,.
- - . . . JOJ _ sending ifI by dlIldi. (J
1»1"._ VDUCI.- 0"')' !he
.-rey ao.. wr...
-iI\ln9 pa,rrailS rI ~ tft. be !LIe 10 lIIUt ~;ICCQft
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_
l--.PAV.I _ _ n_n--I/IoOOlf
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'_2AlY.Iax:"lI_zn.Ma!
1-;I:11·~ . .
_ "e . \
nn
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-...
M"J lOO3 ,-~"oeolt ltIiM you d.....- to o:ndl ~ J<U'

20001 lax.. tu: do nol R:l.ide me ~ an'II.IU"il In !his
00.
~" . . O[..-o- 1'- IIfnC:ln on tt.e.

• MHe 'fO.. ched a rTIOI"Oi!)' m1I5' p;l)'lIbIoi 10 tr-. "\hl:m
StMA Tr......-y. " Do not 'leR:l CllSIt 1o help poeeJ$ )'OIS
!IOllil'd the I;t'eck Ike
ttws: S XX)t lOt, Do not use ~ (J Ires era . ample. 00 n(l(
ent Er'S lOtX- · a ·S OX :. , .
P a~ J

•
Line 8 , loclJde al fhi!l n me addlllOr'lel !a(es from f Ollll 4' 12,.

Instructions for t he 2004 Estimated Tax tu Ll.II'Ip ,Su'n D!5lJibuti0n5.OI form 8814. PII'entS ' Electlon
0f1
To RI!pa1 ChIefs lrJ:l'!ll!'<I ' 1'1I:I OIW:lerdli. AI50 lna!de I ")'
Worksheet recapul d ...... K3'ion aedls.
L'" 1. ~ $ "'Cl gross K ill'''' Use yo.s l1XI3 !a( ,easn . 1'1I:I L... I . O"t:t.. see the ~ lor ae 2'CJ03 f (l"m TOotO.
.-.s.f\JCQI)lB es I ~ Il;l r~rog the ildpsWd grO!!S .......' . JU' -.es u trT(U}II52. a f(l"m 10.t0A. lft5 29 lfYa..gh ~
!:llpBC1n 2lXW (tU be
b" 20001I lhBt begin 0f1
Sft" alI'l'liOe" the 0111'9"1' U IdM
page f 1~ (I" _ on".,.., yuJ" ~
~. be Sfl!"!roe
~ 1 ' - -m
e.u., alllllb no Iangiw .-c.....1llI
IU tAM1) on page 1
IdpSled '7U5S •.......,... see E:o plCt.:l .....Iotd Gtess ~ L"' 11. se.-.....,'4*>Jo, Ln . " J"1''''' yo.s spa'" mate
n Plb, 5005, .. JU' _ 5i!f-empklJed. bI! S f t " ~ "*' jDft II!I5OINUd WI paymenlS MIll ,... bo01 r-I!
..xnn the dieo.JclIon lor one-hII 01 yo.s S81'.emp;.yment u.x. ... ""4*1'"..... calle, rq.nc tile"'" ernpI<JyrnEn \&I. Ior-=h
2004 Estim ated Tax Worksheet (keep for y our records)

1
2
Adjusted gross incomI: you expect ... 200i ~ inslfUCti<.>rn IItvre) .
• • • . . . • ••
• If you pIIn 10 itemill! declu::tion5. e l'tef the It!lln\llled tolIl 0 1 'fOU lIlmirad deductions,
Caution: .. JinB 1 Ibow is ow.- 1 141. 100 (Sll. 350 if malTied sep at'alelyl :fOIl "'ng
1 1
dedIction ,""y tw reduced. .se.. P1Jb. 505 fa defais. • •

• If you do f>O( plin to itemize dlKluclions . e nter YOII standard deductIOn from page 2.
3 Subtract Ine 2 fIvm k>I! 1 . . . . . . . • • . • . . • . • • . . . . • . .

4 E...mpWtB. ~ SJ.1OO by lIw tunber 01 peI'tOtIIf eIe"tJliolos.lf)'OU can to. damI!d lIS I depelidt..
on .dhao ponon's 2'004 r8J"1t ycu I*"~ ... ~ ~ not ~ CauI»On: See Pub. 50S Il:l
'9n /he _ to _ _ .. "'" lltbow e __ 1214.050 .. m.riMJ '*'9P"11 Of quMtying.u: l-rt
$ 11B.JSO " ' - ! o I ~ $ 142. 1Q] it sng1« (I" S lQ7.02S ;I rrwrJfld ling SIfJ'alfIJ. • • • •
5 $Iiltrld. k1e 4 torn line J . . . . . . . . . • . . . . . . • . . . . . . •
, TIJI. fign yoo.r II . on the IfllC>Urf. on ... 5 by usng the 200C lu Re. Sc::hM'd n on
f»'Je 2. C-"""r. I1 ,..... ,.". quaIIi«J '"'"'*"'tds or I tlIl!I'"IJlUI gain. _ Alb. 505 co ~".
I&r . • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
1 Men1aM nwwnum tI . InJm form 62~1 . • • . . . . • • • • • • • . • • • .
• Add lines 6.rd 1.lWoinl;UdoI..., lou !rum fpoms 4912 MId 88 14 Irdlny"'l:.lPlln of edUCIl.lon
~lS tsee irlsln-=liorlo above! • • • • • • • • • • • • • • • • • • • •
t Credits (see m .. lIttiotB .tx-~ 00 not include Ill'J income tax w~ on this lne . • •
10 Sublractlioe 9 Irom ... 8, .. tern or jess. entIH" -0- • • • • • • • • • • • • • • •
11 Sef·employment tli (see instructions Itx-~ ESlimllte 01 2004 nut ea<11""'" t om
selr·l!flllloyment S.. .......•. .•. .. . ; if S81. llOO po Ies.... mu kiply the lmoUnI t>y 15. 3% ; it m oru
than S81 .llOO, mutuply the a mount by 2.9%.'do:! 510.1199.60 to the resul t. Ind eoter the total
C MIlion: 'you also /mile wages subjed lO sodIIl-.u-ty r.u: _ Pub. 50S ro figure IiIe amot.nt
to en!er • • • • •••• • •
12 0U1er ta lle5 (sco insIrucliorlo On Pl'!JI! 51. • • • • • • . . • • • • . . • . • •
13.. Add line'!i 10 throuojl 12 • • • • • • • • • • • • • • • • • • • • • • • •
b b.ned .........,. er8dIl. ..xttJonaI child tli aedC. 11'1I:I aedil5 from form 4136 end Form"'S
e Total 2COt ~ till. 5I.tlt'ect n 1:kl1tom k1e 13a. tr eee po Illss. Itfllef' -0. • • • •
141 MuIipIy'" 13c by 9O'lIl. ~ kT r....-s II'Id r.ste""". . . .
141 1-- -+_
b E.-- the tI.. sl'ltMn on,... 2003 tI. . rel1nl (110% of UlII: • .....,.,
)'00 lie no!: I f¥meo' f7 ~1TWl end the ~ted !JUSS in;;omI!
stnwn on ... 35 of thlt f1llU"n is rn;n thin S1SO,Cl)) a-.l rrwn1Id
rmg se;'I1.~ lew- <'004. _ than S1S.QCq • • . • • • • • l'~"' '''' --'-_
e R~ ....... pe~ to -ad I ""'1)'. Enter the 5m8ht atb141 Of 141) • • • •
Caution: Gena-~ .. yaJ do t'IOIt pt'fIfJal ,trourfl i'>come IoU' rM/H'roIding am ....m."red ru
p.ymenI3}.r Isaf the am<Jt.nf on ine '4eo )Q-l trIIIy - . /I pentJky frF "'" paying enough esVm.tfed
/a.I'. To ~vvid . fWfIdy. fTIl/ke SIn" ~ 1I!51im.lte 0f1 me 13c is as KCl6/1le as possible. EllUl ,
you pay /he ~ ¥nW fJ'Iymenf. you ""'1 $til owe 18,. when JOll fie :fOIl re«xn. " you
prefer; ,..,.. may p.Jy lhe ~ $hown 00 Ine 13c. f or deW s. SV(" PlJb. 50S.
1S locome ta o w,thhe kl I nd eSl;lfIIled to l>e wltt'lle ld d Ll'f>g 2004 (Including fiCo"", tao Wlthholdm9
on pensions . • rolUi""s. <:eitlin oor~ income. etc.) • • • • • • • • • • • • • •
16 Soblfact IirMI 15 from .... U c . lNot« If zero Of au« line 13c minus line IS is ~ than Sl.cnl
Slop here. You 11'" no! reqund 10 " , . ~ed Lu" ~.J . . . . . . . . . .
1J " Ihlt ' " ' Il"J"'I!f'l you . . requred to mIkI II .due Afd 15. 2004 . _ _ 'I. of ine 16 {ITW"US any
200J~yrt1I!fll theryou.e IM"oglo thI$ nstallTent) here. end 0f1 you vouc~ pi)"".
'10" lI'e plying by check or money POdlr. ,...,.. Htxe hold •• flIl:iJw1 _ ~ on
Plge ..
"" '1.-_ ~~~~~~~~~~~~~~~~~~.....;l.!Ll- _ _--l._

d yw ~alety. filler me trJ(al OIl h " . When f'!Plng y<;U ra wrKh yw are liable YOII ~ is mandaluy ~
estomam d 2m. net l!>I"nings Irem '!let ~ploymerc. be !Ue 10 cese ~tIOflS, Colle SOCtlOrl 6109 lind Il$ reg...iaoons say lJlaI
use only 92. 35% 0( y<U' 101:81 net IlU'"l from self -em plo)'lOO1ll you mUSl: jrtNide y::u lallpllyt'f idenliralion runber or! wha
you me, This is '50 we kl10N WIlD yw are . and can pr~s YOU"
t hl 12. Olher 1.<1 )[8$. Excepl 10'; ~ed below. IIlUI' all)' <JI1ll!' ren.nl lind allu papers
tases, $.JCh lIS the tax"'! on dislribution'; from • ~
eW<;a00fl saving'" acco.n (7; . q.liIIirled Ul:ion J»'OOJfllm. oo;j You lie rax requwed 10 provide ee Iri'Qlmalm rl!<p.Je'Sled on
-I)' dislrb.Jljons from Cal an IRA or aller qualit'.oo rell"ement a lorm Itl8I IS ~ III the PapeIWOfk Reoi.aoon AcI..ness the
plil n. (bl " amity. lr Ie) /I rno(lifoed endowmeol conlracl ram displilY" a valid OMB conuol runber , Books Of recu-ds
entcfed ioW erre- June 20. 1988. rllllll irlg 10 a I,,"" Of .5 inslrUClions must be retained lIS long lIS
lhei' COOterIt'S may beCOme mall;!tial Wl lhll admnstraloon d any
tro;UdI! hu1sehoId ernploymenl taxes (belore subVac~ I"",,,nal Rl!\Ierul! 1_ , Generlllly. tax relU"ns and relU"n
adl/aoce fie pB)'meflIS macIe 10 )'OJ employf!e(sJ) on lir., 12 r , if'IOfrnalm ..-e o;urAlenIilll. lIS _ 00 irl Code seam 6103
• y w ....... """Oil
f edftal ircome tall WllhheId t om w&glS . w e ask rOf tax rca.rn normaliOlllo CMry Ol.f. the ta x laws of
pensions. anrtilies. gamblng wio"nngs. or otr1er inoome Of the United SlaleS, We need il 10 Ilgl..re lind coIea !he right
• You WOJkl be"""oo m "",lie eslirMU'd tlllt paymerws (to amtUII d tIlx.
...Did • penlllt)l even J yw did not incUle houseIJ:lId We may give lhe inl'CO"malion lO the Depanmerll d .AJsb : e lind
empkJymeol talll!S \lIftER f9Jllng 'JaI esemau!d ["".
10 ods r ll<EralllQl!f"des. "'" pr ovided by 1;Iw, We may gjye • 10
00 nol inclJde tax on recapn,e of a FedEral mortgaqe CIUe5. SIale'>. !he OI'SQ'icl or CoY1lbia. and U.S . comrnOffNe8ll:hs
~. ~ial soculty and Medlcll'e tall on lJITopol'ted lip or possessions 10 carry Ol.f. ther la X 18ws. We may also cecose
income. cr tn:OlIec\ed employee soci&l sea.E1I)' an:! Med icartl or this rlcrmalion 10 Olhel' lXlUllties under a tax Q'l'M)'. a 10
Rfn A tax on ~ or gtt4l_term life insu'ance. These uues ...e Federal and state agcncie5 lo enforce Federal OOfllaX a iminal
nee. requited 10 be paid urd ee we date 01 y<llI n::ome tax litws lind to comDaI IlJ'rcrism.
renrn (flO( lnClJdIng ellIensionsl. .. you do noIllIe a reum. do OO!. fi'Ie the lrIorlT18l.m aslU!<l
Une 11. I'yw are a ~ employer and yw make ra , r:r g...... lraudulenl i....c rmallon. you may be chll"ged penalties
ildvaoce fIG payments ro ycur ernployee(s1. reasce y<.U and be ~I 10 cnmml prosca.l:lOIl.
rt!Ql.ed paymelll [a each plYiocI by the afTKU1l. d advance EIG Please l<.eeV \l1i$ nooce M in you' recc-cs. II may Ile1p yw t
payments paid du'lng the period. we /15k you rCO" o lhef irtamaoon. IT }'W have a"'l' ~ion';
a bOlJ( the n.Es Jar filing and !jN'fIg Wormaoon.. please cal QI
Pri'lltCJ o\ct and Pap_k Reduction Acl Notice. The Prt/acy visl; any Internal Rt!veru: SeIViee ~oce
Act of 1914 and the Pape!wuk Reductloo At:;J. 011900 reqoie The lime needed 10 complele the WO' lo:5IleeIs ilI1d pepee and
lhIIl wten we ask you lor Wormalion we musI fht lei you cur file ere paymenl. va.cl18's w il vary Oolpl'ndirlg on ind ividual
w.
legal rlghllO ask I(}' the irtcnnation. wily we we lISking lor It,
..
cra.mslarlCeS. The esllmatOO aY l!fage time IS: RecordkHping.
IIf1d horN l be used. We musI also lei y<1l w h9l. coutl 52 m in..; l_ming abOUl tIMt law, 28 mi\.,; Pr.par-.g tIMt
happen J we do I1(lI receive • and w l1elher yo.s response Is worksheets and payment vouchErs, _8 mh; Copying ,
voUlllIIY. rcqui'ed 10 obtain a benefit. et ITIllndatory lIlder !he a5oSembllng. and send-.g ttle paymenc Youchltr 10 the
IRS, 10 mi'"
This ootice a ~ lO aJ paper!!, you IlIe w lln us. It eec applies II' you haw commerxs CU' .. er,i1'!1 the acetJ"acy cllI'ele time
to a"'l' quesllorls we.-d 10 ask yw so _ can complete. esImates a SIJ!I!.ll!StJons fOf making this package sn.pIa'. we
ccerect. QI process 'jOJ rei\.l"rl; ng.re 'jOJ U1;<;; M1d mlled tax, Wu" be happy ID hear rrom yw. You can write ID [he Tax
et perlIlltics.
irllerl:!'Sl, Products Cocrdinaung Commitwe. Western J¥ea Dislr itUion
Os If>g;ll riglll to a!J< rtt nttmalion is Inlefnal Rewrue Code Genter. Rancho coocce. CA 9!> lU~ . Do nol send ltI!)'
!leCl1Or1S 6001 . 601 1. and 6012 (a). and l heir ft9.lIalion5. They paymenl vwclus ID this address. Instead, see wr-e To FM
say ltIat you ITUSI flIe a rei\.l"n or _emenl wi th us ror MrJ lax YOII P:;oyment Youctw" if Pay-.g by Check or Money Order
on page 6.

Record of Estimated Tax Pa yme nts (F.armers• fISher men and IisGaI ye.ar taxpayer5, see page 2 fc:t payment due dales )
.... --... ....... "... a_

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Where To FiJe Your Payment Voucher if Paying by Check or Money Order
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en) ""l ~ P" ymont '" r.tJmII.tld \.aa ~ C1-.dI DillOf . loW ~
aa '\Jnt... SUI.. T"'....,..· _ )'DU' "'" ~
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payaH I<> tIow
form 104l1-£S ' 011"100' thwtk
attOidI, ~
Oo_-.oj byu-:tu
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y~ "S1_..-.:l n .... y OU' IaSl namIl YOU' soaal 5eCU1ly runt>.-
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oomplo>tlllor SpIlU'O
$pOu'Ia'S fr... _ and n l>3l Spou!.8's lasl name SpoIM'1 1OC1111 soany . . . -
•! Ac)ctns (runbw. n ... and a pt. flOl

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CKy. SUl& ..-.:lllPcodo. (lf~ ~ ""'.n,.... CJty. POOWUOl'5ta1t, p<oWII"""" _ ttu'II7yJ
r... -.q- Ace _ Pape - n ~ Ace - . . 0, _ . . . . . . ,..... on pag.s..

, ,1004O- ES
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., ._ "---" 2004 =
r-. . ....,.,....
_ _ wtIl 'JOoI
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_ - . . . , _ _ 7004 f Olm 10«1 ( 5 · ... .,.,.. _
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O ly. Slate. and lIP codlI_(1'. fl>lWl!1' acI<'hM, . . . CIt,. pro",""" or Slale. ~ codlI. and CCU1G'yJ
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For PnYK)' Act "'" p _ . ... It ReducIlen Ac:1 Notice. ... insructions on IM9't ~ Page 1

Regiona l Fillings for UCC:
Reg ion 1
Washington St ate, Oregon, Nev ada, California, New Mexico, Colo rado, Utah,
Alaska, Hawa ii, Arizona
State t o filing elect ro nica lly:
Washi ngton St ate. .. Internet Address: https: / /wws2.wa.gov/dol /u cc /
Reg ion 2
Idaho, Montana, Wyom ing, North Dakota , South Dakota , Nebraska.
Sta te to File electronically:

Idaho St at e..... Internet Address:
http://www.idsos.state.id.us/on line/ ucc] uccSession.jsp
Reg ion 3
Texas, Oklahoma, Kansas, Missouri, Arkansas, Louisiana
Stat e t o File Electronicall y : Texas... . Internet Address:

h ttp ://w w w. so s.st a t e.tx. u s/ co r p/ sosda/in d ex. s h t m l
Alternate State to Fil e Electro nically : Kansas....Int ernet Address :
https: / /www.accesskansas.org /apps/uccfiling
Reg ion 4
Minnesota, Wisconsin, Iowa, Michigan, Il linois, I ndiana, Ohio
St at e to Electronically File: Wisconsin .... Internet Address:

h ttp://w w w .w d fi .o r g/ u cc/i n st a nt u cc/
Reg ion 5
Kentucky, Virginia, Ten nessee, North Carolina, Sout h Carolina, Alabama,
Mississippi, Georgia, Florida
State to Elect ronically Fil e: Kent ucky .. . I ntern et Address:
http:/ /ucc.sos.state.ky.us/ucc9/fileonlinehome.asp
Region 6
Massachusetts, Main e, New Ham pshire, Vermo nt , New York, West Virginia,
Pennsylvania, Delawa re, Maryland. New Jersey, Rhode I sland.
State to File Electronically
Massach usetts ... .... Intern et Address:
http: / /corp.sec.state.ma.us/portal /UCC/UCCMain.htm
REDEMPTION MANUA L FOURTH EDITION 390

Alternate State to File Electro nically : .
Maine....I ntern et Address:
http://www.state.me.us/sos/cec/ucconline/
Alternate State to Fil e Elect ro nically : Delaware ... Internet Address:

http://ecorp1.state.de.us/default.sph/ ecorpWeb.c1ass/ secure/ Regi
strationUCC1.jsp
Alternate State to File Electronically: New Jersey .. Internet Address:

https://www.state.nj.us/treasury/revenue/dcr/fiIing/ucc_lead.htm
States that do not usually accept Mail-in filings:
IN, AL, AZ, CO, NJ, NM, NY, NC, ND, NV, MO, OH, PA, SC, VA, IL, OK, DE,
MT
NOTE: It would be appropriate to make contact with the particular Secretary

of States Office to verify any 'current' filing information.
For Naturalized People, Foreign Citizens, Foreign Birth Certificates, etc....
Electronically File in Washington D.C. .....Internet Address:
http://www.landata.com/ucc/template.htm
REOEMPTION MANUAL FOURTH ecrnox 391

Common Law COP1Tight Notice: All rights reserved re; comm on-law copyri ght of
trade-name/trademark, 0 11] as well as any and all derivatives and
variati ons in the spelling of said trade-names/trademarks - Copyri ght 1974 _(18t h Birth-Day-
Year-remove this line in final doc!), by 12). Said trade-
nam es/trademarks, O. may neither be used, nor reproduced, neither in whole nor in part, nor in
any manner wha tsoever, without the prior, express, written consent and acknowledgm ent of
121 as signified by the blue-ink signatu re of
[2], hereinafter ' Secured Party: With the intent of being
contrac tually bound, any Juristic Person, as well as the agent of said Juri stic Person, consents and
agrees by this Copyright Notice that neither said Juristic Person, nor the agent of said Juri stic
Person . shall display, nor otherwise use in any manner, the trade-name/trademark, nor common-
law copyright described herein, nor any derivative of, nor any variation in the spelling o f, said
name without prior, express. written consent and acknowledgment of Secured Party, as signified
by Secured Party ' s signature in blue ink. Secured Party neither grants, nor implies. nor otherwise
gives consent for any unauthorized use of 0 , II) and all such
unauthorized use is strictly prohib ited . Secured Party is not now, nor has Secured Party ever
been. an accommodation party, nor a surety, for the purported debtor, i.e.
•• O. Ill" no r for any derivative of, nor for any variati on in the
spelling of, said name. nor for any other juristic person, and is so-indemnified and held harmless
by Debtor, i.e. .. <D, (11" in Hold-harmless and Indemnity
Agreement No. 00000000000000 dated the 30th Day of th e 6th Month in th e Year of Our
Lord Two-Tho usand and Four again st any and all claims, legal actions, orders. warrants,
judgments, demands. liabilities, losses , depo sitions, summons es, lawsuits. costs, fines, liens ,
levies , penalties, damages, interests, and expe nses whatsoever. both absolute and contingent. as
are due and as might become due, now existing and as might hereafter arise, and as might be
suffered by, imposed on, and incurred by Debtor for any and every reason, purpose. and cause
whatsoever. Self-executing Contract / Security Agreement in Event of Unauthori zed Use: By this
Copyright Notice, both the Juristic Person and the agent of said Juristic Person, hereinafter
jointly and severally " User; ' consent and agree tha t any use of " ©.
Il l", other than authorized use as set forth abov e; constitutes unauthorized use of Secured Party ' s
copyrighted property and contractually binds User. This Notice by Declaration beco mes a
Security Agreement wherein User is a debtor and ' Upper and Lower Case Name Here' is
Secured Party, and signifies that User : ( I) grants Secured Party a security interest in all of User's
property and interest in property in the sum certain amount of $500,000.00 per each trade -
name/tradem ark used, per each occurrence of use (violation/infringement), plus triple damages,
plus costs for each such use, as well as for each and every use of any and all derivatives of, and
variations in the spelling of. •• CO, (1)"; (2) authenticates this
Securi ty Agreement wherein User is debtor and 12) is Secured
Party. and wherein User pledges all of User's property, i.e. all consumer goods, farm products.
inventory. equipm ent, money. investment property, commer cial ton claims, letters of credit.
letter-of-credit rights, chattel paper. instruments, deposi t accounts. accounts, documents, and
REDEMPT ION MANUAL FOURTH EDlTI ON 4.2 337

SECTION VI
NOW WHAT DO I DO

NOW WHAT DO I DO?
Now... you've completed all the fo rms/documents, etc., your Secur-ity Ag reement is done and
the all the documents were placed on the UCC-l and the UCC-l filed and your Charge Back
process was shipped off to Mr. J ohn ' V. Snow {Secr eta ry of th e T reasury). Fine, you're now
secured party credito r. The p rivate ba n ker! You're on the path and the commercial world is
now before you. And in some cases, you're just going to have to step out there in fait h! We're
not saying it's going to be easy. There will be challenges as usual. And your 'education' must
continue in respect to the commercial scheme. Some people in the past are presently have done
some dumb and stupid things, have screwed up and have gotten into trouble and some have gone
to jail fo r a few hours or maybe a few days. But we now have all the past experiences to team
from and not to do those things that might get us in trouble. You will come to understand that
this is just bu sin ess. You have to accept for value, ,)'o u ca n only discharge, and if the othe r
side is go i n~ to mis-apply th eir statute, your going have to exercise yo ur exclusive rem edy
and file a T ort! It' s just business!
And yes, you can retreat and go back into the program (plantation), as in the MATRIX, but
understand this; if you do, you' ll be that d ebtor/slave on the Plantation. You'll own/con tro l
nothing, own no property, your life blood/energy will be harv ested and you will subject you r
child ren to same gru eling servitude and th eir private code/statutes wherein they will never
be fr ee!
Since you are now the Secured party Creditor and a 'private ba nker ,' you have much to r ead,
learn, study and ap ply! It's a lot of responsibility and not everyone will become or should
become a ' secur ed part)' cre ditor! '
As you start on this path, keep a couple things in mind at all times; 1) EVERYTHIl'iG
OPERAT ES ON A CASE BY CAS E BASIS and 2) T HE RE ARE NO G UARAl'TEES l
Sca ry... not really. There's no guarantee when you hire an attorney, when you go into court
that you will prevail is there? Or on the operating table when the doctor say 's -w e'rc going in to
explore and find th e problem and cut it out - wish me luck!" Or when you hear that knock at
the door and it's some government agent and he say's " Hello, I'm from th e gover n ment. I'm
here to help you!" Th ere are no guarantees...other than 1) you r debtor will be tax ed until you
die and 2) you can't take anything with you when you (cr oss over) leave this planet. That, you
can take to the bank!
You have now been exposed to the commercial scheme as it has been operated against you. You
may now realize that there are no constitution(s), that they do not operate upon y014 that so-
called govenunents are mere de-facto corpo rations, their so-called oaths of office are
meaningless or frivolous formalities to deceive you, that politicians lie, that the so-called
American way of life today is a society built upon the creation of DEBT. From the debt
established from hospital giving birth, to the new home, the new car, puning your son in college,
the credit cards, everything in between. Everywhere and that so-called government is not here to
' serve th e people,' but to control them and harvest their energy (taxes), convert them into
' customers,' take their 'exemptions' and produce the credit (money) for the survival of the
corporation(s). Sounds really more like MATRIX now doesn 't?

It' s now been 6 years since Redemption came on the scene. There was great success in the
beginning as people began to understand the so-called government scheme and Redemption
and apply the new found technology and terminology to the economic servitude imposed upon
them. Certainly, Redemption found itself within the so-called 'Freedom Movement" as those in
the movement were already fed up and exposed to the antics, conuption and mindset o f
government and the 'police state!'
In the past, it was the norm to protest, to fight the so-called agents, to go into th eir courts and
defend your non-existing rights. It was taught to sever all ties with so-called agencies of
government [d r ive r licenses, social security, etc.), become free and as applied to IRS and
taxes, quit filing, study the IRS Code book to argue that the code and its various statutes did
not apply to you. But all that was 'protesting' and as many have come to understand, ...... you r
going to war... not going to peace!"
And as we now look back ... we're in agreement. We can see that protesting and arguing did
not get us anywhere but into more trouble or deeper in the quagmire of more FIGHTING,
STRESS, TIME WASTE, FINES and what is called GOING TO WAR ... and the resulting
injuries and wounds are quite severe!
But along came Redemption and the commercial-economic-scheme 'lights' came on and now
we could and can see and understand the whole enchilada! The bankruptcy, National
Emergency, HJR-192, the creation of the corporate debtors (straw-men), the pled ging of our
property to the corporate State, the creation of the CORPORATIONS (the machines as in
MATRIX 3) including your debtorlStraw-manlEns legis/corporate fiction, and all the credit
generated from your actions in commerce or in their courts whereby the judges create 'money
judgmcnts' to create milli ons and billions in so-called dollars to feed the so-called military
corporate commercial government system, the monster that was given life in long be fore
1933!
As the ' auth or ized representative and attorney-in-fact' of the Debtor, it is your function,
duty, and obligation to handle (d isch arge) the so-caned commercial affairs of the debtor,
including but not limited to fines, fees, taxes, judgments and such other debts which mayor
may not arise from time to time. But today, that's not an easy thing to do. It does take some time,
and a computer. The process can be a littl e extensive. A record (copies) has to be maintained,
certified mailings done . There may be continued communications within a matter and there could
very well be a DISHONOR (non-acceptance) of your instrument! The ' other side ' may file a
court action to compel 'payment!' Remember, there is no guarantee. As you will come to learn
herein, there is NO PROTECTI ON EITHER! If you want that, then continue on and keep an
open mind as learn more about the Sovereign Earth Alliance.
Everything inside your front door of your home... is private. You can do anything thing you
want [well you understand - within reason Le., can't disturb th e neiahbors
" , burv. bodies in
the basement, etc.) However, when you step outside your front door, you step out into the
world of commer ce. In that world of commerce, your STRA\V-MA<.'\", (Debtor) goes before
you and all commerce is done in it's name, in behalf of your Debtor!

Due to the so-called military social construct known as the Un ited States, with everything in
bankruptcy, everything is bonded, insured and licen sed since "cur por atie ns" are ' fictions'
though they can sue and be sued, they exist under ' pr ivilege' and therefore under the Martial
Law/Police State/Bankru ptcy "thev" are licensed to perform in commerce, for regulation of
these entities for the purpose for taxation and rai sing of revenu e/profit. If there were no U.S.
Bankruptcy and the ' their' so-called gover nmen t operated under a strict social compact of a
'Constitutional' form of government, the agencies established for the benefit of the signatories
or their posterity thereto, under 'due course in law,' and as ' their' so-called 'rights' were
guaranteed via the social compact contract known as the Constitutions as such operates upon
their ' agents' of agency government via their officer's ' Oath of Office,' MOST ALL
LICENSES WOULD NOT APPLY TO THE PRNATE MAN! License is defined as to d o that
which otherwise is illegal! When did the Sup reme C rea tor direct that His Children live under
licen se? Did their so-called ' fore- fathe rs' establish within th eir ' Declar ation of
Independen ce' that their right to LIFE. LIBERTY AND PURS UIT OF HAPPINESS "'as
subject to license l When was it ever illegal to marry, to go (travel by any mod e of
conveyance) to work, to pursue happiness (would not a C er tificate of Competence be b etter
than a license)? Point is, all commerce in done in the 'corporate activity/nam e/entity' and
once you understand that, the rest of the commercial puzzle will begin to fall into place.
Obviously, in the past, you entered into contracts with companies, corporations, and various
government agencies, etc., via in the name of you r alleged Debtor controlled by the
corporation's constructs. Now vou 're the secur ed party. You now received a ' Bill,' of
acc ounting in the mail (a ' P r esen t m en t") and it's a request/demand to pay a sum certain
money of account. " For ease of understanding, let's use the presumption of an assumed
asses sment alleged in an IRSrrax issue as an example.
But first, within this book and other information availab le elsewhere, in books, internet, etc., you
must understand the so-called money issue. If you do not understand what the terms used in
respect to money means or any issue related thereto, then One cannot accept the facts in relation
thereto!, don't go any farther. Either understand the money issue, because it is key to everything
or otherwise, Redemption is not for you! Return to the Plantation and perform under
commercial servitude!
Per their original social compact party contract (U.S. Constitu tion) -nc state shall make any
thing but Gold or Silver coin a tender in payment of debe' And per 'Bouvier's Dictionary
of Law' (1839); 'Title' as defined in #5, slates; "THE LAWFUL COIN OF THE UNITED
STATES WILL PASS THE PROPERTY ALONG WITH THE POSSESSION." The
' p ro pe rt)" and the ' possession' are called the DROIT-DROIT an d/or DUPLI CATUM J US,
and is defined as the double right! You have to understand that back then, gold and silver was
the money of exchange as the accepted medium and was the substance of money or what was to
back the money o(account in the form of any ' Notes' or such ' IOU' came into existence by and
through custom and usages of commercial affairs. As to that point of contractual (U.S.
Constitution) obligation, as from the standpoint that every ' p ublic servant/o fficer' takes an
' Oath of Office' to suppo rt and defend the said social compact contract known as the
Constitution(s), th ey contracted to uphold any specific point in reference to uses as to 'pay' any

lawful and/or legal debts (at law!) arising within or in relationship to such nex us with such
j urisdictions established by such social compact contract known as the United States
Constitutions appertaining to the Several Com pa ct Party States thereof. Since the
bankruptcy, the gold was ordered to be removed as a basis of valu e/substance backing the
money of account and later the sih 'er was removed as well. Therefore, there is nothing of value
backing the so-called money of account except lour 'full faith and credit' in their fraud today,
which is no more than 'Bankruptcy Scri...pt of a Private Corporation' (Fed er a l Reserve Bank
System) having no value of substance, as stated by the Federal Reserve System. Therein, when
you maybe bought your home or your car, the ' ~' (RES) and the ' p ossession' (title) did
not pass to I OU! You do not possess the double right, the Droit-Droit and/or Duplicatum Jus.
So the question is ... "What do you have access to, in the form of monev of exchan ge to pay your
debts in law today that has value?" And most importan tly, if some so-called government
agency/entity sends your deb tor a ' p r esentment' for payment, is the payment sought in
compliance with Articl e I, Section X of their con tract known as the U.S. Co ns ti t ution •.. per
their Oath of Office?
If all value has been removed then what is left to pay your debts? All that remains is 'paper! '
However, with ' ~' one cannot ' pa y' the debt ... you can only ' discha rge ' the liability of the
assumed debt until some tim e in future when the bankruptcy is terminated and 's ubsta n ce' is
restored as backing what is call ed ' monev' in paper form, savi ng the hassle of carrying heavy
gold and silver in your pockets as that would be a bit impractical with some 200 million people
in allegedly their U.S. today! So obviously, in the past, paper money was created for
conveni ence,
HO\VEVER, In 1965, then so-called President, l\lr. Lyndon B. J ohn son signed a public law
(mor e aptly put 'public policy' due to the current military socia l con struct caused by th e
Civil War) altering the CO INAG E ACT OF 1792 and said as he was signi ng it, " we have no
idea of ever returning to it." This is all that One needs to see that the social compact under the
so-called Constitution is dead and the new military social construct operating under the copyright .
trademark of the "'United States" for "The United States of America" as it applied to the
contractual Article 1, Section 10, Clause 1, referencing the obligations arising in relationship to
payment in gold and silver as law ful Tender in payment of debt within the Compact Party States
of the Union, styled " T he United States of America."
And pursuant to the NEGOTIABLE INSTRUMENTS LAW, commercial paper as designed,

IS THE C URRENCY!
And the wealth (credit) of the Sovereign (Secured Party Cr ed ito r) is in his signature, w e now
have the best of the situation today... so long as YOU understand it and apply it properly •. . and
that is:
Since the implementation of the u .S. Bankruptcy, through the Negotiabl e Instruments Law,
and as all transactions are regulated through the Un ifor m Com me rci a l Code, the Secured
Party C red ito r can only DISCHARGE fines, fees, tax~ jud!,'111ent~ and such other debts
pursuant to the remedy provided by Military Social Construct' s Congress, via HJR-1 92 as there

is no access to nor lawful money of account to pay debts at law pursuant to the contract (U.S.
Constitution) as it operates upon the State governments. Therein, the remedy the Secured Party
has in behalf of his Debtor, in commerce, is the DISCHARGE OF DEBT with the commercial
paper/credit created under his power to do so as the Sovereign/Prtvete Banker, under th e
sam e law o{neces.'l;ty, for which the same law ofnecessit}, is derived as to the same autho rity
from which the military social construct operates to assist their so-called government to adjust
the accounts, in light of the declared. bankruptcy, for the benefit of the Military' Social
C onstruct for which it stands.
SO NOW YOU KNOW THE MISSION, SHO ULD YO U AGREE TO ACCEPT IT. BUT
UNDERSTAND THAT THERE IS MUCH RESPONSIBILITY THAT COMES WITH
THE STATUS - SECURED PARTY CREDlTORlPRNATE BANKER!
\Vith the above being covered, it now n eu uao' to get into the CONDITIO~AL
ACCEPTANCE FOR VAL UE. ... To GET THE AGREEMENT!

Conditional Acceptance for Value
for Proof of Claim (CAFV)
Within the Redemp tion Process is the concept/process known as CAFV. Within CAFV, as a
Prtvate-to-P r'i va te-Process, the premise is AL'VA YS AGREE \VITH THY ADVERSARY.
Since, everything operates under contract or agreement. understand that pursuant to a contractual
nexus between you and the social compact party States known as the State of "whatever" of the
United States and/or The United States of America, you have no rights as clearly stated within
their so-caltedjudicial case law per Padelford, Fay & CO. YS. The Mayor and Alderman of the
City of Savannah, 14 Ga. 438, 520 (1854), a 'private' pe rs on (man) IS NOT A PARTY TO
THE U.S. CONSTITUTION, which is the compact/contract for the public servant. bound by
their Oath of Office.
So, if you are not a party to the social compact contract known as the Constitution, how do YOU
become liabl e to some so-called federal agen cy (or State) and their rules and regulations? If not
due to the fact one may be a federal employee. then maybe you consented! The same applies to
the State! If their forefathers created th eir agen cy government (in valid contractual concept &
principle) would you think they were so ignorant that they wou ld place themselves within the
contract designed only for their "serva nts?"
However. take notice that YO U have no ' con tr a ct' with any social compact or construct
otherwise called "gover nmen t' to bargain for your rights. let lone to secure your rights in the
second place. Is that why you are raped, pillaged and plundered by thei r so-called government
and their corporations thev create?
Therefore. since you are not a party to their social contract, then it doesn't take a rocket scientist
to understand that it makes sense to get an agreemen t from any particular agency. party.
attorney general, government, IRS, agent, etc., to DISCHARG E T ilE DEBT.
Since the corporate ficti on cannot tax you. the 'cha rgeIB illIPresentment' comes via an agent
represen ting the ' fic tio n,' and sent to you r debtor . . .but whcre 's the agreement?
Whether it's a traffic ticket or the IRS. .. it makes sense to go back to the agent andlor ag ency
and get the agreement. .. that all you can do is discharge the fine, fee. tax, j udgm ent or debt!
Based upon the basic format of a CAFV (there being a few different formats out therel), the
concept of the first paragraph is .. . AGREE WITH TIIY ADVERSARY! As part of that
concept, while you want to agree with your adversary. you also want and NEED to agree to
'perform' to some prior offer. whether a traffic ticket (to pay the 55), a complaint. a Bill to pay
money. etc., but "presen t" to "t h em " your "counter-offer " in the nature of your CA FV. As it is
said; you want to give honor. not go into dis-bon or!
Per ' their' offer. while you have accepted and though you agreed to perform. now that you
counter-offered. you cannot 'perfor m ' to ' their' offer. until "t hev now perform to your
REDEMPTION MANU AL FOURTH EDITION 398

counter-offer. And should ' th ey' fail or refuse to perform to your counter-offer, you cannot
perform to 'their' otTer! You went to "them' in honor, said yes, I accept, I agree, but
conditioned and ' pred ica ted' upon you producing or providing 'Proof of Cla im '
(facts/di scovery, etc.)!
Well if your opponent fails or refuses to do so, he fails to 'state a claim upon which relief can
be granted." It's called a 12 B (6) in the Federal Rules of Civil Procedure! Also. ' esto w el'
kicks in. Meaning, your opponent by his silen ce is stopped from going forward. His silence is
taken as an agreement, acceptance and even to admittance to participating in fraud. The maxim
is; 'For a matter to be resolved - it must be expressed!' Well. what did you just do with your
CAFV? Did you not ' exp r ess' the matter to seek something; resolution, agreement or even your
agreement to walk away; there being proofs of claim provided that your opponent was right!
Therefore, the CA FV is sent, your opponent is given a minim um of 10 days to bring forth the
requested ' Pr oofs of Claim,' with a response both to you and to your Notary and/or Mail
Escrow Agent. See the two examples that follow, especially the closing 'caveat' paragraphs.
Should your opponent fail and or refuse to provide 'Proofs of Claim,' he/she "stipulates to the
facts as theyoperate in your favor." You opponent can 'agree' to whatever you want him/her
to agree to (within reason), agai n see the examples. Read them over 3 or 4 times! Understand
the 'concept' and 'intent' and apply it each and every one you do!
After your opponent fails to respond. you then send a ' Notice of Opportunity to Cu r e' their
fault of non-response. Should they fail or refuse, you then send the "Affidavit of Notice of
Default' and you have your Notal)' or a ' T hir d Party' sign the Affidavit of C er tifica te of
Non-Response, either in their Official Ca pacity if the response was 10 be directed to the Notary
or the Certifica te of Non-Response signed and notarized by the 'Third Party'. You send a
copy of those two documents to your opponent while you maintain the originals. being holder in
due course.
Portions of the following information is taken from the 'floppy Disk' on CA FV, as
advertised in the newspaper - The American's Bulletin, P.O. Box 3096, Centr a l Point,
Oregon 97502 (Ph. #54 1-779· 7709), thai contains 10 Plus CAFV's for IRS, T'raffle, Auto
discharge, 1\loney Debt Collection, Attorney General and more (for SSO.OO - shipping
included), to apply to particular situations as well as any situation on a case by case basis,
whereby you might have to go into court, or to resolve a matter.

READ ME FIRST:
NOTE; All the following information is not to be construed as legal advice hut as educational
information only and the publisher or otherwise will not be held liable and is hereby held
harmless by any user of the information offer strictly for educational purposes as to any use or
misuse of the following information.
Conditional Acceptance for Value (CAF") is the tool to use to EXHA UST YO UR PRI VATE
ADMIN IST RATIVE REMEDY to determine if there is a COl'o'TROVERSY with your
opponent/agent/officer, or to allow the other-side to establ ish an agreement with yo u as to
discharge of debt or anything you want.
You are not expected to run into court j ust because you think. you have a problem and want to
sue somebody! You want all your ' d uc ks ' in a row. Ifin you r use of CAFV you then determine
that you have controversy due to the fact that your opponent provided the proof and the
discovery that establishes a controversy, then and only then is the court the place to go to settle
the controversy. Of course, under Biblical law, you are to go to your brother first, well, the
CAFV can be construed to be that process.
But what if your opponent goes silent and or refuses to " b r ing forth Proof of C laim"
(exculpatory discovery), he is now in dishonor and by his silence and/or ' gene r al acquiescen ce'
has stipulated to the facts as expressed in your CAFV and has 'agreed' to the injury,
misapplication of statute, etc. and now you have to ask yourself; " Is your opponent in the best
position?" NO ! He's in full Acceptance and even in verifiable Formal Acceptance! Therefore,
you now have three witnesses against him along with the fact that he has 'sti p ulated ' to the facts
in the CAFV as they operate in your favor, if your adversary chooses to trespass! If your former
adversary chooses to tres pass upon the contractual agreement you now have witnesses in
evidence for tort damages and once perfected may be come marketable debt for full settlement
and accord fo r settlement of the accounts when you accept unlimited liability via International
Public Order to become signatory to a social compact for your own safety, liberty, and pursuit of
happiness and that of your posterity whi ch they acquire by birth.
Normally you allow the other side lQ days to respond with ' Pr oof of Claim,' allowing 3 days
(normally) for return mail. After non-response then you mail out the Notice and Opportunity to
Cure, allow three days with three days for return mail. If no ' Cure' of their fault by providing
'Proof of Claim' then you proceed with an Affidavit of Notice of Default a nd Accep tance and
the Affid avit of Certificate of Non -Res ponse (signed and notarized by your 'Notary' or 'Third
Party') Note; the Notary cannot notarize their own signature, so the Notary has to have another
Notary notarize the document! Later depending upon whether there arises any related court
matter, you must have all documents presented under Copy C ertification by Document
C ustodian (YOU are the Document Custodian) which you want or need to have notarized by a
Notary. If any presentment involves a bill of exchange you will have to have an addit ional
Notar ial Protest done by a Nota ry, which, in some cases, may have to be done from out of
State. Check with a Not31)' in your area as to his/her willingness to provide this service for you.
Depending upon your 'cavea t' (closing paragraphs as to what your opponent now has ' agr eed'

to, you may file a Tort Claim, and/or discharge a matter with a bill of exchange, etc.!
As a few have said and as many are coming to understand, cases are won bef ore y ou ever 'walk
into a courtroom! However, in many cases court is not involved. Where it is, with CA FV,
completed correctly.. . you 've already won!
Keep the CONCEPT and 1 l\. E ~T alive in your CAFV.
I. ALWAYS accept for value T HE IR OFFER - that is, Agree with thy adversary.
2. Agree with their offer to perform to it, jail, fine, whatever it is, etc. predicated upon
proof of claim.
3. Note; you will 'perform' to their offer just as soon as they 'perform' to your
' conditioned offer!'
4. You can't perform to their offer until they perform to your offer !
5. Thei r failure or refusal will be evidenced in your Affidavit of Notice of Acceptance

and the Nota r ies and/or Mail Escrow A~ent' s ' CE RT IF ICATE OF NON-
RESPONSE. Especially where any court action mayor will be forth coming!)
6. If necessary, as you may go into court, either with an Special Visitation an d/or
Appearance Brief and watch what you say verbally because your in their court now
and everything IS NOW 180 degrees out from what one would normally say ... so
don 't step into their traps by testifying. That means don't make statements, always
ask questions, don't' make statements.
The Special Visitation Brief and/or Appearance Brief, done in court brief fonna!, would contain
a primary paragraph, similar to the following:
CO M ES NO\V the Third Party Intervenor in behalf of the DefendantlDebtor to

notice the above styled Court that the Third Party Intervenor has accepted for valu e the
Prosecutors offer and had agreed to perform to go to jail - pay the fine - etc.... but that
was predicated upon Proof of Cla im.
The Prosecutor has failed to bring forth proof of claim, has failed to state a claim
UpOD which relief can be granted and has stipulated to the facts as they operate in favor of
the Defendant.
The Acceptance and Formal Acceptance of th e Prosecutor (an d wh o ever else) and
all the fa cts touching upon these matters are before th e court.
I do not kn ow what to do.•. what' s mv
•
remcd •v ?
No te; the above paragraph may change somewhat on a case by case basis!
At that point. the judge is placed in a ministerial capacity. not a j udicial capacity to settle a
controversy BECA USE there is no longer a controversy because all the alleged parties to the

claim are in full agreement each side has stipulated to the acceptance and formal acceptance . . .
AND IT'S BOTH YO U AND TH E PRESEC UTORl So based upon your presentments under
seal (Notary Seal) there is no controversy for a judicial determ ination to be granted only an
administrative dismissal for failure to pro secute and/or bring forth ' Proo f of C l a i m~ ' to state a
' Claim of Action ' for which relie f can be granted.
To the best of your abi lity - DO NOT TESTIFY, ANSWER Q UESTIO NS, A DM IT,
CONFESS OR CO NS ENT TO G O T O JAIL, PAY THE FI NE OR ANYTHING , after
acceptance has been formali zed!
Firs t CA FV exa mple: (for a T raffic Matter!)
Certifie d Return Mail Nu mber _
Na me and Ad d ress
· .
· .
· .
ANY AGENCY OF STATE OR DEPT.
· .
· .
· .
November 8, 2006
RE : CONDITIONAL AC CEPTANCE - REQ UEST FOR PROOF OF CLA IM

Reference C ita ti on(Accoun t) No. 00000000000 & Case No. 000000
Dear Mr. ' Officer' and/o r ' Prosecu tor ' :
In regards to the above ' Citation/Case: I want to resolve this matter to the best of my ability
as soon as possible, I find it prudently necessary to exhaust by due diligence my administrative
remedy as it relates to your presentment/offer which has left me
somewhat confused. I realize that my past experience is urging me to argue every point, but now
realize that I want to conditional accept for value your offer/charges predicated upon ' p roof of
claim, ~ and I promise to pay the fine and even go to jail in behalf of the alleged debtor that you
have brought the charges again st, but I can only do so conditioned upon such verifiabl e ' p r oof of
claim/ given under penalty of perj ury, and as such, the necessary Proof(s) of C laim are
exculpatory and sought on behalf of the alleged plaintiff and enumerated below so that the
alleged debtor may j ustly ascertain liability in the interest of plaintiff, the co urt, and public
interests, to perform accordingly touching upon the performance of the law relative to due
process of law to which the debtor is presumed entitled, regarding a fair and impartial hearing
within the due course of the tawas it appertains to this proceeding or any other related matt er

hereto, according to the following to wit:
1. PROO F OF C LAIM on how the Oregon Constitution operates upon me, a private man.
2. PROO F OF CLAIM on how the State statutes by and through the Oregon Legislature and
the DMV operate upon me, the private man.
3. PROOF OF CLA Il\1 that name appearing on the charging instrument, in capital letters;
. ... . ... .. .... ... ... ... .... .. .. ... . ..., is not a corporate fiction, but is the name of the Private Man
in his private capacity.
4. PROOF OF C LAIM that the Oregon Revi sed Statutes (ORS) descnbe any other class of
license other than for commerce or for commercial trade, occupation or profession.
5. PROOF OF CLAIM that in my private capacity, that I'm subj ect to Class A, B. and
Commercial driver license. (see ORS 807 .031)
6. PROOF OF CLAIM that the State of Oregon via the DMV sells any other ' driver' license.
7. PROOF OF CLALl\l that the Motor Vehicle code does not operate upon all 'drivers' of
'all ' vehicles owned or operated by ' the United States; ' this state; ' or any county; 'city;
' district,' 'or any other political subdi vision of this state ' .. . and thus operates upon this
private man . (see ORS 80 1.020)
8. PROOF OF CLAI;\l that my 'private vehicle is not a ' recreational ' vehicle that is operated
solely for persooal (pri vate) use. (see ORS 80 1.208)
9. PROO F O F C LAL' I that my ' private vehicle is used for the transportation of persons for
compensation or profit, or designed or used primarily for the transportation of property (for
hire). (see ORS 801.210)
10. PROOF OF CLAIM that the private man was a licens ee at the time of the 'stop' to subject
himself to the motor vehicle code by agreement and as a signatory. (see Vehicle Traffic
Law, 1974 Rev Ed., page 238, 239)
11. PROOF OF CLAIM that the prosecutor is enforcing the license issue solely due to the
private man 'acting for compensation' upon the highways . See Schmog v , Keiser, 189 Cal
596.
12. PROOF OF CLAIM that, "In view of this rule a statutory provision that the
supervision officials "may" exempt such persons when the transportation is not on a
commercial basis means that they "m ust" exempt them, generally app lies in this matter
(State v. Johnson, 243 P. 1073; 60 c.J.S. sectio n 94 pg 581 )
13. PROOF OF CLAI~I that the pri vate man does not have the right in ligh t ofO RS 80 1.305.

14. PROOF OF C LA IM that the Prosecutor and the officers of the court are bound to support
Amendment in Article I, § X, (No State shall... make any Thing but gold and silver coin a
Tender in Payment of Debts).
15. PROOF OF C LAI ~ I that the officers and employees of[ example-the Department of
Revenue are bound to support Article XI. § I (of the Oregon Constitution) ..... .nor shal l any
bank .. . putting into circulation any bill, check, certifi cate, or other paper (NOT E{S», or the
paper of any bank company (' fed eral reserve')
NOTE(S) ,. .. to circ ulate as money." [Note; for other state application; add to the last sentence
in #14 > and as it operates in this State under the para materia rule.J[Remove this line if your in
Dreggn!]
16. PROOF OF CLAIM that, in relati on to any monetary penalty, the "givin g a (federal
Reserve) Dote d oes constitute payment. n See Ethan v Comm issioners C.C.A. , 42 Fdld
158.
17. PROOF OF C LA IM that, in relation to any monetary penalty the use of a (federal
reserve) 'Note ' is not only a promise to pay. See Fidelty savings v Grimes. 131 P2d 894.
18. PROOF OF CL A IM that Legal Tender (federal reserve) Notes are good and law ful money
of the Uni ted States, in relation to any monetary pen alty. See Rains v State, 226 S.W. 189.
19. PROOF OF CL A Il\"] that (federal reserve) 'Notes do operate as payment in the absence of
an agreement that they shall con stitute payment: See Blachshear Mfg. Co. v Harrell, 12
S.E. 2d 766.
20, PROOF OF C LA IM that the secured party has access to 'lawful money of account' to
' pay' debts at law without becoming a tort feaso r.
21. PROOF OF C L AIM that the 'entity' bringing forth this claim can testify on the witness
stand of the same and bring all relevant evidence.
22, PROOF OF CLA IM that the prosecutor. as an agent of the State, has established a
' liability b ond ' either personally or by and through any Risk Management Poli cy in this
action to ind emnify the private man in the event of any damnifi cation. Also, I request the
Policy Number and Provided of the
Please understand that I want to resolve this matter as soon as possible. I realize that I may
have mad e' a few mi stakes in the past, but seeing now the need to exhaust my admi nistrative
remedy/process, I now request the above 'proofs of claim' that you are relying upon to support
your 'Cla im of Action' in this matter.
Per your due diligence or acceptance to bring forth 'proof of claim,' you will be found in
formal acceptance and will have admitted a damage and injury to this private man and will have
stipulated to the facts that the pri vat e man herein is not subject to the O rego n Veh icle C ode and

that he has a right to travel in hi s private automobile/conveyance in non-commercial use of sam e
and as to any monetary andlor pecuniary fine, that the undersigned can only discharge the
mon etary accounting penalty in behalf ofthe person/debtor named on the charging instrument.
You are requ ested to send Proofs of C laim both to the undersign ed and to the Third Party -
Mail Escrow Agent's address below.
The undersigned herein respectfully requires the Prosecutor to repl y within 10 days from
receipt of this presentment plu s three (l0) days return service to respond. General acquiescence
as a non -response shall be taken as a acceptance to provide "p roof of cla im ' and forthwith shall
constitute agreement by the Prosecutor that the undersigned/Secured Party can exercise the
remedy provided by Congress via HJR-1 92, to discharge debt(s) "dollar for dollar' with a draft,
time draft, or Bill of Exchange as necessary and that the undersigned's exclusive remedy, if
necessary, is Tort, to be governed by the terms of the Notice of Claim presented by Claimant
appertaining to the matters relative hereto, or oth erwise.
Sincerely
Without Prejudice
Authorized Representative-Attomey-In-Fact
Name - Secured Party Creditor

For NAME OF DEBTOR IN CAPS ..'0, EN S
LEGIS
Third Party Address:
· .
· ..
· .

Second CAFV example: (where a previous co ntract was entered into and sign ed by you!)
Certified Return Mail Numb er _
Your address here

· .
· .
· .
CO LLECTION SERVICE, INC or CREDIT CARD CO.
99999 LAKE ROAD, STE 2000
MILWAULKJE, OR 97777
February 3, 2006,
RE: CONDIT IO NA L ACCEPTANCE FOR VALUE FOR PROOF OF C LA IM UPO N

C O M PANY OR C RED IT CA RD - NAM E IT H ERE- CO~IPANY'S (Cc q C O NT RACT,
FOR DET ERMINATION OF ' ME ETING OF THE MINDS,' 'FRA UD O N TH E
CO I''TRACT,' AND OR AN 'UNCONSCIONABE COl'iTRACT' AND/OR AGRE EM ENT
FOR C O M ~ IERC I AL DISCHARG E, Account No. XXXX-"'XXXX
Dear Mr. .
I am in receipt o f and co nditionally accept for v alue (honor) yo ur letter entitled "Demand For
Payment Of Debt", or , Reference No . 8888888 ~ I F ANY' . dated
_ _ _ _ _ __ _ _ ,,2007. A copy of your letter/document is enclosed.
It has co me to my attention that as applied to the above matter, that there may not have been a
true qualifi ed "meeting of th e mind s,' that there may be fraud or misrepresentation on the
co ntract and/or the contract itself may be an unco nsci onable co ntract, or other controversies that
may exist within this contract/transaction.
As I want to resolve this matter as soon as possible. I am initiating this private-administrative
remedy to determi ne such matters and I agree to continue making payments predicated upon
your "proo f of claim.'
The necessary 'Proofs of Claim' are set out below, to wi t:
I. PROOF OF CLA IM that CCC gave FULL DISCLOS URE to all matters dealing with said
co ntract as to the US Bankruptcy. fonn of payment, what was loaned, etc.
2. PROOF OF C LAIM that the agent (Mr. .. .. - A ttorney - or ????) in sending the
undersigned the DEMA ND FOR PAY~IENT O F DEBT letter via the US Mail . does not
co nstitute a mailing a fraudulent claim, and/or committing mail fraud (Title 13, S ec 133 1 USC).
3 . PROOF OF C LA IM that CCC as an ' artificial entity/creature,' created under the laws o f
the State of "and doing business in the State o f , by and
through it's Officers. Board of DIrect.o rs, ~d employees, and agents are not bo und to support
Article I, § X. as a 'S tate created ~ntlty, In that "No S tate shall... make an y Thin g but gold
and silver co in as Legal Tender m Payment of Debts," and that any such thing as gold and

silver coin exists as legal tender in payment of debts.
4. PROOF OF C LAIM that of the value (substan ce) demanded in the DEMAND FOR
PAYMENT OF DEBT is in th e nature of Valuable Consideration called ' money and is in
compliance with Title 31 UNTED STATES CODE § 371 and 12 UN ITED STATES CODE §
152.
5. PROOF OF CLAIM that cee inquired or knew that the undersigned had, or has access to
' lawful money of account' to 'pay' the contract debt(s) at law without becoming a tort feasor.
6. PROOF OF CLAI.\l that th e undersigned hadlhas access to 'money' that constitutes

' LAW FUL (Sufficient) COl'iS IDE RA nON:
7. PROOF OF CLAD-] that the use of a (federal reserve) ' Note,' or instruments certifying
conveyance of Federal Reserve Notes. is not only a promise to pay. See Fidelity savings v
Grimes, 13 1 P2d 894.
8. PROOF OF C LA IM that Legal Tender (federal reserve) Notes, or instruments certifying

conveyance of Federal Reserve Notes. {Kg, good and lawful money of the United States. See
Rains v State. 226 S.W. 189.
9. PROOF OF CLAIM that Federal Reserve Notes, or instruments certifying conveyance of

Federal Reserve Notes , are not valueless. See IRS Codes Section 1.1 00 1-1 (4657) c.e.H. (Note;
Federal reserve Bank says " Federal Reserve Notes.• .v.have no value.")
10. PROO F OF C LA I1\l that (federal Reserve) Notes . or instruments indicating a conveyance
o f Federal Reserve Notes. do operate as payment in the ab sence of an agreement that they shall
constitute payment.' See Blachshear Mfg. Co . v Harrell. 12 S.E. 2d 766.
II . PROOF OF C LAIM that the undersigned had a ' meeting of the mind(s)' with cce
pursuant to the contract/agreement in respect to full di sclosure and that said contract contained or
contains no elements of fraud by ece.
12. PROO F OF C LA IM that eec did not, in respect to their contractJagrecment was not made
beyond the scope of its corporate powers and the contract is not unlawful and void. (sec for
reference McConnick v Market Natl. Bank, 165 Us 53 8)
13. PROOF OF C LAIM that the Negotiable Instruments Law was not designed to cover
commercial paper. [which] IS the currency. La. Stat. Ann. · R.S.• 71 et seq. LSA-C.C. Art. 21 39
(see attached Affid avit of \Valker T odd)
14. PRO OF OF C LA IM that cce did not loan their ' credi t' and thai the
undersigned IS ONLY OBLIGATED to pay back in something o ther than ' like kind,' i.e., debt
instruments.
15. PROOF OF C LAIM that the U.S . Bankruptcy did not impair the obligations and
considerations of contracts through the "J oint Resolution To Suspend The Gold Standard and
Abrogate the Gold Clause," . June 5, 1933 as it may operate within the State of
-
.. ... .. .... .ISTATE OF .

16. PROOF OF C LAIM that the State of ..ISTAT E OF did not
adopt in some capacity the Uniform Commercial Code and that all transactions included but not
limited to courts are governed under the UCC and/or the Negotiable Instrument Law as desi gned,
to cover commercial paper, [which] IS currency. La. Stat. Ann. - R.S., 7 1 et seq. LSA-C.C, Art.
2 139.
17. P ROOF OF CLAIM that under th e Negotiable Instrument Law, ' commercial Paper,' but
not limited to Bills of Exchange are not "money' (currency) in respect to the National Emergency
and the Uniform Commercial Code and are not to be accepted to discharge debt.
18. PROOF OF CLAIM that the undersigned cannot accept for value any public or private
presentrnentlinvoiceIBill, etc., for fine, fee, tax, debt orjudgment and discharge the same with a
Bill of exchange or other commercial paper as necessary to carry on commerce.
19. PRO O F OF CLA IM that CC C by and through its empl oyees, knew or did not know, that
this transaction was beyond the scope of its Charter and that eec and did not intend to bind the
undersigned to an unconscionable contract.
20. PROO F O F CLA IM that CCC by and through its employees and agents, did not commit
fraud on the contract in respect to the account/contract referenced above in any capacity.
21. PROO F OF CLA IM th at your DE MA ND FOR PAYM ENT O F DEBT letter does not
therefore constitute an attempt by CCC at unjust enrichment.
22. PROOF OF CLA IM that the commercial instrument or Bill of Exchange tendered was not
refused and returned within three days pursuant to Nygaard v Continental Resources. Inc., 598
N.W . 2d 85 1 ( 199 1), 39 V.C.C. 2d 85 1.. .. "The court held the under 2-5 11 (2) , tender of payment
is sufficient when it is made by means cutTent in the ordinary course of business. unless the seller
demands payment in legal tender. Here, Nygaard spoke to Continental several times after receipt
of the sight draft and never@uestedpaymentin legal tender. Payment to extend the lease w as
due by January 41.1\ 1988 and the rejection of the sight draft did not occur until January 8, 1998.
Nygaard rejection was thus untimely and tender of sight draft was sufficient to extend the lease."
23. PROOF OF CLA IM that undersigned, as the authorized representative of the Debtor does
not have the standing or capacity to accept for value the offer/contract/presentment and discharge
the same via Bill of Exchange or other appropriate commercial paper for discharge via the
remedy provided by Congress - HJR- 192 of June 5, 1933.
General acquiescence, or non-response by CCS to provide the above ' Proofs of Claim' will
constitute your agreement and formal acceptance. You will have by your non-response to state a
claim upon which relief can be granted otherwise shall operate as general acquiescence relative
to this presentment. You will have admitted there is no val id Claim of Action arising via contract
and/or compelling the undersigned into an unconscionable contract and that there was no
meeting of the minds in respect to the alleged contract.
You will have formally accepted each and every fact herei n as they operate in favor of the
undersigned. due to your silence and estoppel is in effect.
You admit to your non-response to bring forth ' Proof of Claim' in support ofa 'clean hands
REDEMPTION MA NUAt. FOURTH EDITION 408

doctrin e/ ' full disclosu r e,' 'good faith d ealing,' and as to the FA I R DEBT COLLECf IONS
PRA CfI CES A CT , as it may apply to your presentment in regards to this all eged
transaction/contract! as referen ced above.
Therein. presumption will be taken in regards to your refusal, failure, de fault, and dishonor,
admi ssion, and confession of injury and damage and failure to state a claim, that you, CC S, this
'Co nditiona l Acceptance' becomes the security agreement under commercial law, or in the
alternative, you agree and stipulate that the undersigned can only discharge the demand payment
letterlbil1!presentment, etc ., with a Bill of Exchange or other commercial paper and that you or
CCC will accept said ' instrument' as tendered to discharge the debt under necessity.
O r if the previous ' instr u me nt' (Bill of Excha nge) was tendered a nd not accepted. yo u
agree that the matter/accoun t/d ebt is disch arged as an operation of law in tender of
payment and/or bankruptcy. (remove thi s bolded sentence if it does not apply to your matter!)
Due to the time sensitive nature of thi s private matter, under necessity, you are to respond
with ' Proof of Cla im' within 10 days, plus three (3) days gra ce granted by return service by
ccrtified.priority-retum·mail to the und ersigned ' s address and to the Third Party's address
below .
Should you fail or refuse by non-response to provide ' Proof of Claim' within the tim e
specified in this private matter, general acquiescence and acceptance will be taken on your part
as formally exerci sed (performed) pursuant to your silence.
This agreement shall have the affect of an instrument under seal.
Sincerely,
Without Prej udice
Authorized Representative, Attorney-In-Fact
Nam e - Secured Party Creditor

For NAME OF DEBTOR IN CAPS ..C), ENS LEGIS
Third Party's Address:

.............. ... .......... .. ....
.... .. .. ... ........ .... ............. .. .. .... ...
. . . . ... .. . •. . ••••••. . . . .. ... . . . . . . . . . .. ..
[Not e; Normal format of paragraph 'tabs' are set at .2]
REDEMPTION MA NUA L FOURTH EDITiON 409

Third CAFV example: (Called the ' Universal CAFV' sent to Attorney General) - make
obvio us adjustments to the CAFV as needed!
Certified Mail Receipt Number _
••••**.**•••••••••• *** •••••

P.O. Box 2222
Big City, Oregon
97500
••••••••••••••••••••••••••••
ADORNEY GENERA L
ADDRESS/STATE HOUSE
SACRAMENTO, CALIFO RNIA
9······
March 25, 2006
RE : CO NDIT IONAL ACC EPTAN CE (CAFY) - R EQ UEST FOR PROOF OF CLAI~I

AS TO T ilE STA US OF MONETARY CO NDIT IO :-lS WITIIIN TH E STATE OF
---:-= - = = = == ==T O PAY DEBTS AT LAW, J URISDlCfIO N
AND OTHER MATIERS, CO:-lSTITUTING AGREEMENT
Dear :
I'm in receipt of moncy claims, a court judgment. or whatever, emanating out ofthe State of
_ _~_~_~ , or one of its agencies. [This first sentence must be adjusted to fit your
particular situation - otherwise remove and start this paragraph with the next sentence!] I seek
Proof of Claim in the nature of exhausting my pri vate administrati ve remedy from your Office as
to the m onetary status and eondition(s) within the State of CalifomiaiSTATE OF CALIFORNIA
and as to the U.S. Bankruptcy. jurisdiction. property and status of the undersigned and Oaths of
Office as it may operate upon so-called j udges within "this ' State and other matters. As I want
resolve thi s matter as soon as possible as to understanding the above (and/or pay/di sch arge th is
judgment), it is of necessity that I can only do so conditioned upon you or your D epartm ent
providing Proof of Claim.
As necessary, the Proof(s) of Claim are enumerated below:
I. PROOF OF CLAIM that the State of .1ST ATE OF does not operate
under the U.S. Bankruptcy eonfinned on June 5, 1933 (see Senate Report No. 93-549,
codi fied at 12 V.S.C.A. 95 a) also known as the National Emergen cy.
(See: Executive Proclamation No. 3972).
2. PROOF OF CLAIM that the U.S. Bankruptcy did not impair the obligations and
considerations of contracts through the "Joint Resolution To Suspend The Gold

Standard And Abrog ate the Gold Clause,">June 5, 1933 as it may operate within the State of
... .. .. . .. . .ISTATE OF .
3. PROOF OF CLAIM that the State of .ISTATE OF _ was not ooe of

the several States of the Union that pledged the faith and credit (of the people) thereof to the
aid of the National Government in respect to the National Emergency in and around 1934.
4. PROOF OF CLAIM that the U.S. BankruptcylNational Emergency has been terminated and
does not operate within 'The' or 'This ' State/STATE and lawful 'constitutional' money has
been reinstated and is in circulation to allow the people to 'pay their debts at law.'
5. PROOF OF CLAIM that within the State of .1STATE OF , all Stale

Banks are not under the direction and control of the corporate "Governor" of the Internation al
Monetary Fund (See: Public Law 94-564).
6. PROOF OF CLAIM that the State of.. _. _..ISTATE OF by becoming a

corporator (see: 22 V.S.c.A. 286e) did not lay down its sovereignty and take on [the
character] that of a private citizen and that it can exercise no power which is not derived from
the corporate charter. (See: The Bank of the United States vs. Planters Bank of Georgia., 6 L.
Ed. (9 Wheat) 244»
7. PROOF OF CLAIM that the people have not succeeded to the rights of the King. the former
sovereign of this State, and are not, therefore, bound by general words in a statute without
being expressly named. (See: THE PEOPLE v. HERKEIMER, Gentleman, one, &c-4 Cowen
345; 1825 N.Y. LEXIS 80)
8. PROOF OF CLAIM that there are clauses in the state/STATE or Federal Constitution(s) that
subject a citizen to statutory jurisdiction.
9. PROOF OF CLAIM that the word "person' when used in legal terminology is not perceived
as a general word which normally includes in its scope a variety of entities other than human
beings.
10. PROOF OF CLAIM that "the ultimate ownership of all property is not in the State; being
that individual so-called ownership is only by virtue of Govemrnent, i.e., law amounting to
mere user; and use must be in accordance with law and subordinate to the necessity of the
State." (See: Hearing Before A Subcomm ittee of the Committee on Foreign Relations,
February 17, 1950, pg. 494, Exhibit H-4, Constitution For The United Nations Industrial
Development Organization, Treaty Document 97-19 and the Communist Manifesto)
I I . PROOF OF CLAIM that the undersigned, as a private party, ~ to the State

Constitution by oath, pledge, contract or as a signatory.
12. PROOF OF CLAIM of 'any' contract (implied. or otherwise) that binds the undersigned to
the jurisdiction of 'This State' wherei n the undersigned is a signatory.
REDE MPTION MANUAL FOURTH EDITION 411

13. PROOF OF CLAIM that 'FULL DISCLOSURE' of all material facts relevant to the entire
contract (State Constitution) as to nexus and appli cation upon the undersigned along with
disclosure of the contract defining the construction, purpose, etc., as well as documentation
where the agent(s) are defined and empowered to act within the Constitution/contract upon
the undersigned.
14. PROOF OF CLA IM that the State of 1ST ATEOF .,------;-.....,-_

Constitution/Contract/Charter (by and through your Office or any prosecutor) authorized the
representing or prosecuting of any claims against the undersigned.
15. PROOF OF CLA IM of the contrary that " All that gov ernm ents does and provid es
legitimately is in pursuit of its duty to provide protection for private rights. which duty is a
debt owed to it creator, WE THE PEOPLE, (Wynbammer v. Peeple, NY 378)... and the
private unenfranchised individual; which debt and duty is never extinguished nor
discharged, and is perpetual. No matter what the government/state provides for us in manner
of convenience and safety, the unenfranchised individual owes nothing to the government."
Sec: Hale v. Henkel, 20 1 U.S. 43)
17. PROOF OF CLAIM that ALL officers and emp loyees of the State of
. ... .. .. .. . ...1STATE OF including Judges are under a Constitutional Oath
of Office to support and defend both U.S. and State Constitutions.
17. PROOF OF CLAIM that the officers and empl oyees of the State of
. ....... .. ... . ..lST ATE OF including Jud ges are not bound to suppo rt
Amendment in Article I, § X. (No State shall. .. make any Thing but gold and silver coin a
Tender in Payment of Debts).
18. PROOF OF CLAIM that the officers and empl oyees of the State of
.. ... .. .. .. ..JSTAT E OF including Judges are not bound to support Article
XI, § I (of the Oregon Constitution) nor shall any bank... putting into circulation any bill,
check, certificate, or other paper (NOTE(S), or the paper of any bank company ('federal
reserve' NOTE(S), .. .to circulate as money" as it operates upon the State of
. .. . ... . .. ... . ...ISTATE OF under the 'para materia' rule.
19. PROOF OF CLAIM that within the State of .IST ATE OF tbe
"giving of a note does constitute payment." (See: Echart v Commissioners
C.C.A., 42 Fd2d 158).
20. ROOF OF CLAIM that within the State of .1ST ATE OF the usc
ofa (federal reserve) 'Note' is not only a promise to pay. (See: Fidelty Savings
v Grimes , 131 P2d 894).
21. PROOF OF CLAJM that within the State of .ISTATE OF .

Legal Tender (federal reserve) Notes are good and lawful money of the United
States. (Sec: Rains v State, 226 S.W, 189).

22 . PROOF OF CLA IM that within the State of .IST ATE OF .
Federal Reserve Notes are not valueless. (See: IRS Codes Section 1.1 00 1-1
(4657) C.C.H.)
23. PROOF OF C LAIM that within the State of .IST ATE OF .

(federal reserve) 'Notes do operate as payment in the absence of an agreement that they
shall constitute payment.' (See: Blachshear M fg. Co . v Harrell. 12 S.E. 2d 766).
24. PROOF OF C LAIM that the undersigned secured party has access to ' lawful money of
account' to 'pay' debts at law without becoming a tort feasor.
25 . PROOF OF CLA IM that a j udgm ent for money must specify ,' the amount in words or
figures with some mark or character to indi cate what they represent. .. figures in the absence
of dollar marks are void. (See: re Boyd (D .C.Or.) F.Cas. 1746. Hunter Glover Co v Harvey
Steel 3 F2d 634)
26. PROOF OF CLAIM that the State of .IST AT E OF did not

adopt in some capacity the Uniform Commercial Code and that all transactions included but
not limited to courts are governed under the vce and/or the Negotiable Instrument Law as
designed, to cover co m m ercial paper, [which ] IS cu r rency. La. Stat. Ann. R.S., 7 1 et
seq. LSA-C.C. Art . 2139.
27. PROOF OF CLAIM that within the State o f. ./ST AT E OF court

judgments cannot be discharged in light of the facts (in support of the above Proo fs o f
Claim) that no law ful money (backed by gold or silver) exists within the State of
. . . .. . . . . .. . .. .. ....... . as all acti ons and judgments are laid against 'corporate fi ctions .'
28. PROOF OF CLA IM that under the Negotiable Instrument Law, 'commercial Paper: but no t
limited to Bills of Exchange are not 'money' (currency) in respect to the National
Emergency and the Uniform Commercial Code and are not to be accepted to discharge debt.
29. PROOF OF CLA IM that any fine, fee, tax, debt, j udgm ent or claim coming from out side or
inside 'the ' state/STATE, public or private, canno t be discharged in the same manner, via
commercial paper, i.e ., Bill of Exchange.
30. PROOF OF CLAIM that the undersigned cannot accept for value any publi c or private
presentment/in voice for fine, fcc, tax , debt or judgment and discharge the same with a Bill of
exchange or other commercial paper as necessary to carry on commerce.
3 1. PROOF OF C LA IM that there exists wi thin th e State/STATE a State Executive Agency that
regulates the general Public.
32. PROOF OF CLAIM thai the State/STATE Legislature has the 'Constitutional Legislative
Authority' to legi slate over and upon the private rights of the sovereign people of the State of
_ _ _ _ _ _ __ _ _. (for reference see: Hale v. Hinkle)

33. PROOF OF CLAIM that the undersigned is a <refugee' under internationallaw and is
captured property of the State.
34. PROOF OF CLAIM that the undersigned is 'liable' quasi-ex contractu for any benefits
forced and compelled upon him/her.
Please understand that while I want to resolve this matter, I can do so only upon your
<official' respon se by provid ing Proo f of Claim in the nature of what constitutes payment at law
within the State of J STATE OF .
Therefore, not being noticed of an agreement between the State of and the
undersigned Secured Party as to what constitutes lawfu l paymen t, presumption is that my rem edy
in any conunercial matter including Demand Letters, Invoic es, Presentments, Judgments or any
other <quasi-money demands for payment, ' and court j udgments may only be Accepted for Value
and discharged by commercial paper, i.e., Bill of Exchange, etc., to allow the setoff/adj ustment
and exchange of the credit (the discharge) to allow the account to be adjusted (to '0' ) by and
through the exercise of the remedy provided by congress via HJR~1 92, to discharge debts 'dollar
for dollar.'
As such. THE ATTORNEY GENERAL Jor the State oj ..ISTATE OF .
having superior knowledge of the law and access to the 'proof,' can p rovide such proof to the
p oints raised herein abo ve 10 inf orm the undersign ed Secured Party on how 's/he ' can lawfu lly
'pay debt(s) at law ' including judgments with real money and not be tricked into becoming a tort
feaso r. (See: A rticle I, § X - U.s. Constitution).
Other wise, the undersigned must ask, "What is my remedy?"
The undersigned respectfully requests that you, as Attorney General for the
State of J STATE OF to reply within 10 days in providing Proof
of Claim both to the undersigned and to the Notary's address below.
A non-response and or failure to provide Proof of Claim wi ll constitute agreement by you as
the chief legal counsel for the State of .JST A TE OF that the
undersigned Secured Party can exercise the remedy provided by congress via HJR·1 92, that is, to
discharge all debus) and judgments ' dollar for dollar' with a draft, time draft, or Bill of
Exchange, under necessity due to . .. . . .State.. .. .. ..'s participation in the u .S. Bankruptcy aka; the
National Emergency as referenced above.
Sincerely
Without Prejudice
•••••••••••• - Secured Party - Principal in

behalf of the Debtor _
Third Party address:

NOTE; Keep in mind that the 'first' paragraph of any CAFV is not cast in concrete.
However. ..maintain the ' concept and the intent ' of the first paragraph. Acceptance, agreement to
perform and request for Proof of Claim.
Following are th e concluding documents, #1 Notice of Default and Oppo rtunity to C u re, #2
Affid avit of notice of Default an d #3 Certificate of Non-respo nse th at is processed after
yo ur CAFV ha ve been sent off:
#1
Certified Mail No. _ Date; _
Notice of Fault and Opportunity to Cure

And Contest Acceptance
To:
Dear -,,..- - , _-,_

On , the undersigned Secured Party caused to be sent to you a
CONDITIO NAL ACCEPTANCE FOR PROOF OF CLA IM (CAFV), sent you on
_ _ -:-:----,,- ' 2006
You failed to perfonn after receiving these presentments from John Henry Doe, and you
failed to perform by providing the requested and necessary PROOFS OF CLAIM after receiving
the said CAFV from the undersigned.
As the Respondent, you are now in fault and you are in agreement and have stipulated to
the term s of the undersigned ' s dated presentment through your dishonor. You have the right to
cure this fault and perform according to said term s within the ten ( l 0) days from the postmark of
this Notice.
Should you fail to cure your fault, I will establish an affidavit of Default, agreement and
failure to contest acceptance and obtain a AFF IDAVIT OF CERTIFICATE OF NON-
RES PONSE pursuant to and relative to vce. State Statute and otherwise.
Thank you for your prompt attention to this matter.
Sincerely,
Without Prej udice
Authorized representative, Attorney-In-Fact
REDE MPTION MANU AL FOURTH EDITION 415

#2
Certified Mail Number _
· .
· .
· .
· .
Secured Party
STATE OF CALIFORN IA
FRANCHISE TAX BOARD
Gerald H. Goldberg
P.O. Box 942840
SACRAMENTO, CALIFORNIA
94240-0040
Respondent
June ,2004
RE:Account #52930000000000000
Agreement Number 7003 1010 0000 0000 0000
AFFIDAVIT OF NOTICE OF DEFAULT
State ofCalifomia )
) ss
Eldorado County )
NOTICE TO AGENT IS NOTICE TO PRINC IPAL

NOTICE TO PRIN CIPAL IS NOTICE TO AGENT
"Indeed, no more than (affidavits) is necessary to make the prima facie case."
United States v , Kis, 658 F.2"", 526, 536 (7~ Cir. 198 1); Cert Denied, 50 U.S. L.W.
2169; S. Ct. March 22,1982
I, ' herein
. 'A ffiant," a living breathing man, being first duly sworn,
depose, say and declare by my Sl~ature that the fo llowing facts are true, correct and complete to
the best of my knowledge and behef.
1. THAT, Affiant is competent to state the matters included in his/her declaration, has
knowledge of the facts, and declared that to the best of his/her knowledge, the statements made

in his affidavit are true, correct, and not meant to mi slead;
2. T HAT, A ffiant is the secured party, superior claimant, holder in due course. and principal
creditor having a registered priority lien hold interes t to all property held in the nam e of the
Debtor; , evidenced by UCC -I Financing Statement #2000-000-‫סס‬oo
filed with the Secretary of State of the State of Washington.
3. THAT, Respondent, Gerald H. Goldberg, is herein addressed in his private capacity and in his
public capacity as Director of the STATE OF CALIFORNIA FRANCHISE TAX BOARD
parti cipating in a commercial enterprise with his co-business partners (or employees), including
but not limited to the State of California, a corporation and hereinafter coll ectively referred to as
"Respondent";
4. T HAT, the governing law of this pri vate contract is the agreement of the panics supported by
the Law Merchant and appli cable maxim s oflaw established by silence. acquiescence and tacit
agreement;
5. T HAT, Affiant at no time has willingly, knowingly, intentionally, or voluntarily agreed to

subordinate their position as creditor, through signature, or words, actions, or inaction ' s;
6. T HAT, Affiant at no time has requested or accepted extraordinary benefits or privileges from
the Respondent. the United States, or any subdivision thereof;
7. THAT, Affiant is not a party to any valid contract or compact with Respondent that requires
Affiant to perform in any manner, including but not limited to the payment of money to
Respondent, nor has Respondent disclo sed under good faith any contract, agreement or otherwise
to show that the Affiant is required to pcrfonn in such manner.
8. THAT, on or about February 25, 2004, Affiant sent a CONDITIONAL ACCEPTANCE FOR
VALUE FOR PROOF OF CLAIM (document for discovery) to the Respondent requesting proof
of claim as to the authority, jurisdiction and in wh at manner Affiant is to pay deb ts at law and/or
discharge of debt(s) with request for the Respondent to produce and provide Proofs of Claim,
and other various proofs of claim to support Respondents presentmcnt(s) and/or a valid lawful
contract/claim.
9. THAT, Respondent had 10 days to respond with proof of claim. point for point, however
elected to remain silent or otherwise refused to provide said proof of c1aim(s) and therefore has
failed to state a claim upon which relief can be granted and has agreed and stipulated to the facts
and agreed that the undersi gned Secured Party can only discharge said debt via the remedy
provided by Congress via HJR -1 92 with Bill of Exchange or other appropriate commercial
paper.
10. THAT, Respondent is gi ven an additional 3 day s to contest Respondent's Acceptance as to

the stipulated agreement based upon silence, acquiescence and therein tacit agreement, that all
the Affiant can do is discharge any State of California Tax liability via Bill of Exchange, Bond or
other app ropriate commercial paper.

11 . THAT, the Respondent is Noticed that Respondent is in Default, failed to contest acceptance
and is in agreement to the undersigned.
II
/I
Further Affiant sayth not.

Dated this day of , 2006
Wi thout Prej udice

Authorized Representative, Attorney- In-Fact
.. .. . .. ... . ... .. . .. . ... ... .. . ... ., Affiant

Secured Party Creditor
ACKNOWLEDGEMENT
As a Notary Public for said County and State, I do hereby certify that on this day of
,-.,--- - - -,----,---;-7 ' 2006 that , the above mentioned, appeared
before me and executed the fore going. Witness my hand and seal :
:-;-:---;;:~--------
Seal:
Notal)' Public
My Commission expires _

#3
AFFIDAVIT OF CERTIFICATE
OF NON - RESPONSE
STATE )
- - - - - - ) Scilicet
County of )
Re: Non-Response to Private Conditiona l Acceptance for Value for Proof of Cla im in the Nature of
Request for Discover)' to Exhaust Private Administrative Remed y
" Indeed, no more than (affidavits) is necessary to make the prima

nd m
facie case." United States v. Kis, 658 F.2 , 526, 536 (7 Cir. 1981);
Cert Denied. 50 U.S. L.W. 2169; S. Ct. March 22,1 982
That It • a living breathing man (or woman), being first duly sworn, depose and
say and dec lare by my signature that the following facts are true to the best a r my knowledge and belief.
It • the undersigned, a Third Party, not a party to the matter, certify that a
Private Conditional Acceptance for Value for Proof of Claim in the Nature of Request for Discovery was
sent by the undersigned to via Certified Mail with Return
Receipt Number and which was mailed by the undersigned party on
I certify that I have reviewed the original documents of the above party and the mail receipts,
green card(s) for the mailin g and the above party's Affidavit of Notice of Default per the above
document.
Per the above document as mailed, request was made to the Respondent to send a RESPONSE being
the requested Proo f of Claim(s) to the above party. As the Notice of De fault and Opportunity was
pre sented, Respondent failed to cure the default. Affidavit in support of the default was executed in the
matter.
Therein, no suc h RESPONSE was sent and/or received at the undersigned 's address/office for
conclusion the above party 's private administrative process.
Said RESPONSE was requested within a spec ific time period (10 DAYS) with an additional 3
days for return mail.
THEREFORE; I, certify that the Re spondent
~---'=--;-~-~=7"--;-;C;=7~' refused or failed to RESPOND to the above party's Private
Conditional Acceptance for Value for Proof of Claim in the Nature of Request for Proof of Claim
(Discovery), and failed to cure and within the time stipulated, under necessity, is in full agreement.
II
/I
Dated this _ _ day of -;;-07'2006

Without Prejudi ce
.... . . . .. . .. .. .. . ... .. .. . . .. . .. .., Affiant
REDEMPTION MANUAL FOURTH EDITION 41 9

ACKl"OWLEDGUIENT
As a Notary Public for said County and State, I do hereby certify that on this day of
- -,---,-,=="";;:::7= ' 2006 that , the above mentioned. appeared before
me and executed the foregoing. Witness my hand and seal:
,..,.-,--~,.,,-- Seal:
Notary Public
Now, in matters dealing ' agents' of so-called government who may have caused an inj ury, a
commercial damage, etc ., it is strongly suggested (since we cannot usc the "advice" word! ) NOT
TO FILE A LIEN! Though they are proper, however, due to the fact that some people have
been charged with 's im ulation of legal process,' a strange charge in itself, since the military
social government cons truct is a fiction, simulating the very same process or others similar when
they or ' it' files a lien against your debtor! And some people have even been charged wi th
' Pa per Ter r or ism,' via the guise of crimin al syn d icalis m. Seems, strange again to be charged
when One is only proceeding with a ' Red ress of Grievance' for wrongs committed.
Therefore, this is just one more fact in poin t to prove that the current system, the so-called courts
are not there for you. to give you a remedy. If you go into their court with the truth, fac ts and
law. you should win hands down every time. Where' s the evidence of such wins by any people?
Where's the evidence that so-called j udge recogni zes your sovereignty, rights, titIe(s), and
interest in the any matter. Why do I ask? \Vhy doesn 't he uphold it and honor his Oath to their
people who they say, are said to be free and living in the land of the free and home of the brave?
Is it probable that ' they' have breached their oath/contract? That going bankrupt, the agenda of
so-called government is to administer the bankruptcy and all the pled ged property and treat you
only as debtors/slaves on the Plantation because you and your fathers have slept on your rights
and lost the knowledge of who you are and what your power is. as sovereign people and you
have no contract with the so-called new military social construct known as the government of the
United States] -
Aside from that, instead of filing a lien, utilize TORT CLAIl\1. In that you file a Tort C laim,
it's a claim process, normally filed into a 'Risk Management Offi ce' or ' Ad min istr a tive
Services " at any level of governm ent venue/jurisdictio n, i.e., muni cipal. county, state, or fede ral
level. Check your State statutes on its 'Tort Claim Process.' The federal venue uses a
STAI'lDAR D FOIL'I 95. All Tort Claims are to be suppo rted by Affidavit In Support of
No tice of Cla im and an Affid avit of Nega tive Averment and any exhibits you deem necessary
and attach a true and co rrect copy of your original VCC - I.

STEPS/PROCEDURE FOR DEALING
WITH A PRESENTMENT
Undertaking the steps for dealing with a commercial presentment/offer, i.e. "presentment," is
predicated on the following events having occurred prior to commencing the steps outlined
herewith. These prior events are:
A. You have " ca ptu red you r str aw man" by filing a UCC-I Financing Statement with the real.
flesh and blood man. indicated by name in upper-and lower-case letters, as the Secured Party
and your "ENS LEGIS/nom de guerre" or corporate franchise, indicated by all capital letters.
filed as the DEBTOR.
B. You have likewise signed and notarized a Security Agreement and placed it in the
Commercial Regi stry, either on the original UC C- l or a subsequent UCC- 3 Amendment
and the Hold Harmless Agreement, in which the DEBTOR has indemnified the Secured
Party by pledging all of DEBTOR'S property as collateral against any kind of loss or harm
that should accrue to the Secured Party as the result of any tran smittine utHin' activities of
DEBTOR. Such loss or hann would occur, for instance, if the DEBTO~ and thereby the
Secured Part)' on whose behalf DEBTOR functions in commerce as a transmitting utility
and for which Secured Party signs as the accommodating patty, is fined, charged, or
imprisoned by some commercial presentment having been issued against the DEBTOR
which the system deems to have been dishonored. (See also the Hold Harmless
Agreement!)
vee 9-1 05ill states: 14·S ecur it)· agreement' means an agreement which creates or provides
for a security interest."
Black' s 6th states: 14An agreement granting a creditor a security interest in personal property,
which security interest is normally perfected either by the creditor taking possess ion of the
collateral or by filing financing statements in the proper public records."
The Security Agreement you file in the uee· ) is a binding, sealed contract between
DEBTOR and Secured Party which includ es, inter alia. an itemization of the
prop erty/collateral the DEBTOR has pl edged to the Secured Party. All the property
belongs to the DEBTOR but the Secured Party holds all interest in it. Since the DEBTOR
has pledged all of DEBTOR'S property/collateral to the Secured Party, and a binding
contract is filed registering and recording that agreement and the Indemnity Bond as agreed
by the DEBTOR to indemnify the Secured Party against loss. No third party is able to state
a claim upon which relief can be granted against the DEBTOR or any of the property
pledged by DEBTOR to Secured Party. All commercial affairs are the province of and
interactions of commercial entities with, the DEBTOR, as per the text in one's Ue C- I
stating: 14All proceeds, products, accounts, and fixtures, and the Orders there -from, are
released to the DEBTOR."
REDEMPTION MANUAL FOURTH EO ITION 421

C. You have received an actual presentment/offer (with a 'dollar' and/or money of account to a
sum certai n amount allegedly due), not merely a notice, and have time to deal with it 'Within
10 to 20 days of your receipt thereof. A ' presentment' is a demand for payment. INITATE
Conditional Acceptance for Value (CAFV) to get the agreement from the Offeror. Complete
that process! (see G below)
D. In some cases it could be a ' dire ctive' to engage in some specific performance desired by the
party issuing the presentment, hereinafter the "Offeror," Your acceptance of the specific
perfonnance occurs when you go silent and/or fail to deal 'With the presentment properly -
you'd be in dishonor and the Offeror does a Banker's Acceptance of your dishonor of the
presentment. If you simply pay he wins automaticall y; if you fight or do nothing, you
traverse or dishonor and are locked in to the commercial jurisdiction in which they always
win unless you have ""gptured your straw man" and properly deal with their presentments.
•
E. All arres ts and incarcerations today consist of seizing the collateral/surety (the real you) to
pay the debt against the DEBT OR based upon their having done a Banker 's Accep tance of
your commercial dishonor and executed a Bill of Exc ha nge with themselves as C red itor and
your straw man as DEBT OR.
Since any bill, presentment/offer, you receive from the government system or corporation is
a commercial instrument, whether it is a traffic citation, tax bill, or summons to court. The
procedure for dealing with it is the same within the first few days of receiving it. the steps
herewith apply in most situations. but on a case by case basis.
F. For a document that is not a presentment, such as a notice. receipt, letter, etc.• you can accept
it for value, register (place within your commercial file) on UCC-3 and thereby be the
holder in due course thereof and of all matters connected therewith and derived there-from.
For this, use ' Ink Stamp' of the following Text. or write it on a copy of the notice, receipt,
letter, make an additional copy or two of it and mail a copy back to the Offeror. NOTE;
Birth Certificates (Charge Back Process), Presentments for SS - util ize the larger Ink-
stamp/Text; see below.
ACCEPTED FOR HONOR AND VALUE

All rel ated endorsements, front and back, in
accordance with Uniform Comm ercial Code
3 -41 9 and House Jo int Resolution 192
of June 5, 1933.
/5/ Dat e; _
Note; Affix your signature and the date underneath the text in blue ink!

G. Include a cover letter to the O fferor which might say so mething like:
Dear Sir.
Please find enclosed a copy of your presentment/offer. Pleas e take note that you
offer has been accepted for value, and that I'm the holder in due course of the
presentment/offer.
As the Creditor who has performed a Banker' s Acceptance on your

presentment/offer, it is being returned for adj ustment in your aceount(s) within 3
days - 72 hours.
Please send confirmation of such adjustment and thanking you in advance for
yo ur time in this m atter, I remain:
Sincerely
Your Nam e Here - Secured Party Creditor
If you receive some communique from the O ffero r that he/they did not adjust the account, you
can th en consider discharging the matter. but see DISCHARG E O F DEBT below!!!
All of your mailings should be sent with proof of servi ce (or affidavit of service) m ailed by a
third party (Mai l Escrow Agent) by Certified or Registered Mail. Each of the steps should be
don e within time fram es as herein-below indi cated.
Make several copies of your documents/package. Place the original, pristine documents (un-
sta pled and not written upon), in a safe place. It is a good idea to make a second ' o rig ioa P
maintained by you in that safe place, so that in the event you need to make copies, you have an
'original' to do so. Never part with your original for any reason to anyone. Make copies and deal
with them.
Sign your nam e in bl ue ink and date it below the stamp text. Send back to the Otferor(s) (th e
persons who sent yo u the presentment). Send by Certi fied with 3rd party proo f of servi ce. Ideally
one should use an Affidavit of Service that is sign ed and notarially acknowledged by a non-party
to the action and mailed by him with your entire package. Each recipient receives an original
Affidavit of Service with the pack age.
H. Ten (10) days after or more time given as you deem necessary, if you have not received notice
from the Offero r that he has adjusted your accoun t, yo u can consider a commercial discharge
and if that is DI SH01"'ORED. your only remedy is T O RT. Again See the next article -
Discharge of Debt below !

l"OTE: The Self-loker/Stamp Text for Standard use, as on the Charge Back Process and
Presentments seeking a SS amount, is as follows:
ACCEPTED FOR HONOR & VALUE - EXEMPT FROM LEVY

For my remedy, Release of the Proceeds, Products, Accounts.
and the fixtures in the Order(s) to me immediately in Accordance
with the Public Policy HJR- 192 . UCC 10-104 and UCC-1-104
Exemption 10 #,- ;--;-,,--- _

UCC Contract Acct . # = -:- _
Value : $ Oate _
ISJ _

DISCHARGE OF DEBT?
- Reality Check -
In The last fi ve (5) years of Redemption, we have been exposed to several different ways to
supposedly discharge debt . Some didn 't work to good, due to over time, some people did not
know what they were doing, made certain changes on instruments and processes were altered,
invented and therefore some problems were created and the ' system ' eventually came to reject
some of the discharge process/instrumen ts. 'Sight Drafts' were the first to go into the shredder.
C hec ks on a Closed Account, were the next to go. While there have been successes, from the
vari ous instruments from the beginning. the Bill of Exchange has been the most successful.. . to
a point.
In reviewing several processes from around the country, it appears that styles and forms vary
greatly. What was more apparent was the inconsistencies and non-professional appearance of the
letters, documents and instruments. While that in and of itself would not necessarily be cause for
problems, however, the 'first impr-ession' princip le is disregarded and of course.. . some of the
letters, documents and instruments look very unprofessional!
What we have learned over time is; Red emption is r eal, it is very serious! When one becomes
Secu re d Party C r-editor, one becomes a ' p r-ivate banker!' Your ' Fu ll Faith and Cr-ed it' is on
the line! But people were not trained as bankers.. . we all went to government school, read
government newspapers, grew up watching th eir- government TV, and sat on pews in their
government 501-C3 churches. We didn't go to 'CO M ~ IE RCE AND BANKING SCHOO L!'
So for all of us, we dived into Redemption for various reasons. Some saw a quick buck ! Some
saw the next major puzzle piece to address their servitude and many saw the remedy. But now
we have come to the understanding that Redemption is j ust but the second to last step in the
quest for fre edom and sovereign!}·... in operating with the commerci al venue, scheme and
transactions.
Again, in the last five (5) years, though we have seen many successes and such advancement
towards new knowledge of the commercial scheme, a greater sense of control over the economic
conditions perpetuated by corporate government, we now see more people getting into trouble.
Not so much that the current process is incorrect, but from the position that their companies,
corporations and govcmment corporations (primarily State granted agencies) refuse to accept the
instruments and adjust the accounts.
While we agree that there should be the agreement in place to discharge the fine, fee, tax or debt,
we see that most all of those who have discharged the same, have not set in place the agreement
to discharge (via CAFV). There exists only the other side's agreement/contract whereby you
have been made the Debtor! And due to the social military construct's U.S. Bankruptcy, there
exists in all contracts arising from their presentments; fraud, unconscionability and therefore no
honest ' meeting oft he mind ' as to the monetary condition (no lawful mon ey of exchange)(see
Affidavit of walker Todd) in thei r country. Yet the contract you are compelled to sign with
th eir companies, corporations and government corporations, with some non-inference to

payment. .. is perceived to be in 'federal reserve notes "- yet they having no value and being
merely 'paper promises to pay' • bills of exchange, you have a problem .. . if you are not in
control!
But more recently we have begun to see more and m ore people getting into trouble. From Credit
Card Companies, Banks and Car Loan Companies, etc., filing court acti ons. .. suing the secured
party creditor! Five fellows in Pennsylvania have been prosecuted, found guilty, and were
sentenced in October 2004, of course details unknown. Two others are being sued by a credit
card company and the other by a bank on a car loan. A mortgage company forecl osed on a home
then sued and the mother and six children were kicked out of their home, where the mortgage
was discharged! There have been oth er similar cases where people are facing o ver 10 years in
prison. And another matter where ' d ocum ents' were just mailed in the U.S. Mail, the two were
prosecuted for Mail Fraud - Title 18 - Section 1341 & 1342 and one of them, after paying an
attorney 530,000 to defend, got five (5) years in prison ! And we hear of similar matters every so
often! So the qu estion is; "What to do?"
We come back to the premise of th e manner in which people are being treated by the military
social government cons truct, th e arrests (some false arrests), the prosecutions and imprisonment
in tire home of th e free and the land of the brave! It's j ust not happens-stance that the social
mi litary construct known as the United States, Inc. has the highest prison population per capita in
the world! The questions are; " H ow do you like it ?" "Does it make you proud to be an
American?" "Do you want to be next?"
It is our position that we do not want to see people get into trouble in these ways. \Ve understand
that we must ALL m aintain a fonn of ' stewardship' to our fellow man, and as such, a hard
decision was made not to present the process of commercial discharge of debt in this book via
the Bill of Exchange. WE DO NOT WANT TO SE E YO U GET 1;\,0 TRO UBLE AS
\YELL! Also, we do not want to assume the liability in any manner if someone gets into
trouble, prosecuted and im prisoned and then the fingers are pointed back to us and comments
start to be directed back at The American 's Bull etin. As a secured Party creditor and sovereign.
it is your responsibility to take full responsibility of your actions, standing and capacity! You
cannot pass the responsibility o n to somebody else!
If we were to giv e som e sort of honor to any 'discharge process,' we 'd have shown every fonn
and type of transaction and would have address their relevant aspects and tried to answer every
conceivable question, etc., which would add an additional 100 pag es to this book an d therein
delaying this book for another 3 to 6 mo nths to do that. A time frame we could not afford! The
intent of this book is to lay the foundation and provide the steps and process of becoming the
Secure Party Creditor wi th the additional understanding that there is NO LA WFUL MONEY!
HO\VEVER.., that being said, the other factor l 'flU muM understand, even as Secured Part)'
C redito r that you may have standing to discharge the fine, fee, tax or debt in behalf of the
Debtor, but aside from that, you have no contract with the company, corporation, etc. to
discharge the debt in behalf of your Debtor, you have no contract with their Federal
Government! You arc not a signatory to their compact/constitution and the same is applied to
their State! Therein, you have no agreement to discharge the liability or the trespass per the

transaction. Not being a party to their compacts nor a signatory, pursuant to international law,
YO U ARE DEEl\l ED AN ALIEN! So where do you get the authority to discharge without
assuming any liability in any dealings with any of their ' for eign ' company/corporations and/or
their government agency?
Therein, understand, you have no rights within their j urisdictional social compact or constructs.
Their ' Bill of Rights' do not operate upon you just as we ll as their Constitutions do not operate
upon you! Per international law, the only right you hav e is to file a [fort) claim! Let's not get
ahead of things here though!
In ord er to put yourself in the best position either to discharge the debts or having the "ser-vice"
performed for you, is to place yourself in the best position as 'Secured Party Creditor; having
standing and capacity (with the knowledge obtained) and of the status as sovereign to divest
yourself of that ' Alien' status ! You are certainly not a U.s. Citizen and not a signata n >to
'their' Constitution are you?
It didn't matter what discharge process you might have used in the past or today. You are still in
that status as Alien and their government knows it! You 're a forei2,n er to them. where's your
right . to go to th eir government or to their creations as the grantors thereof, and discharge
anything without the proper standing or protocols in place? Where's }"our "protection ' from any
action on their part that could come your way? If there's no money that' s one point and second;
where ' s the 'agreement' to discharg e with those ' for eign ' entities? (See Condi tional Acceptance
elsewhere in this book)
So without the Standing and the 'agreem ent' in place, this may be why ~Ie are getting into
trouble? But as a Sovereign with the ' discharge agreement' in place the discharge can go
forward, still knowing that there is no money of exchange, and then if there is a ' dish onor , not
the Secured Party Cre ditor may have exercise their ' exclusive' remedy of Tort for various
violations and dishonor by the ' foreign company , corporation, government agency/agent, etc. in
the interest of Justice!
These are NE\V concepts for people to understand and accept within Rcdemp-tion or as the next
level in respect to Rcdemp-tion as to your freedom and that of your posterity understanding that
there is no lawful money in circulation and you have not PAID for anything since 1933!
Once you become Secured Party Creditor, you must continue your education as the Private
Banker, understand and use the ' Conditional Acceptance for HonorN alue' process and obtain
the information on commercial discharge as best you can.
One way to stay informed is to subscribe to The American' s Bulletin.. . it is the ONLY
publication (newspaper) to publish articles and information on Redemption along with 'succ ess
stories ' . It is imperative that there is networking and communication and one way is to subscribe!
WHAT YOU CAN DO NOW IS CONTINUE TO TIlE NEXT ARTI CLE.••

.. . BECA USE K1~OWLEDGE IS POWER!

So what .
Several references have been made in this book as well as to new information to understand the
historical facts, and the YO UR standing and capacity in relation to th eir governmental system
and the commercial venue as Secured party Creditor.
But in relation to Red emption, you have covered the movie reviews, the historical background
concepts first brought forward by Roger Elvick (Section I), infonnational articles on the
'reality' of what th eir military social govenunent construct has done, at least now, you can ' t say
your in the dark! (Section 2). You covered Section 3 on Sovereignty, so now you know -you 're
th e boss!' You now understand the Straw-man and the importance of the UCC- l Fin ancing
Statement, and you've read and reviewed the forms necessary to become the Sec ured Party
Creditor (Section 5), and then, and then... to Section 6 - NO W W HAT DO I DO after
becoming Secur ed Party Cr editor !
In the previous ' a rticle,' we dealt with the ' Damage Contr ol' issue as it relates to the
commercial di sch arge by Bill of Exc hange of fine, fee, tax, or so-called debts as it relates to
you r Standing and Capacity in relation to thei r corporate goverrunent and commercial law.
But first, we have to go 'back to the future' so to speak. The path has already been blazed by
those behind us, who desired freedom, even commercial freedom. Our history is full of those
who sacrificed all to work towards those ends. But the path was blazed by those who stepped
forward out on faith . They put their cred ibilitv on the line, as we know so clearly well. They put
their ' Joh n Henry ' on that parc h ment. Th ey understood the risks, they certainly identified the
objective (to come out fro m an opp ressive gover n ment), they made plans and preparations.. .
then with one step, then another.. . and so what they created, the rest is history.
We could certainly point to John Ada ms, Patrick Hen ry and many others since then, in all that
was done in the so-called fight for freedom, or so we're told.
It' s been called the 'A merican Ex peri ment,' and many today would agree that the
' exper ime n t' has failed! The information presented in this book certainly supports that statement
and it is possible that your own personal experience confirrns that as well. Many people in the
last 25 years or more have 'exper ienced ' their military social government!
Do you have more freedom today that those that came before you? Can you honestly say that
you own )'our property, vour home, you r car? Can you disprove that all your property was not
' pledged' to th eir Sta te? And due to th eir bankruptcy and the economic situation in th eir so-
called country. Just about every man/wom an and family is in a position of assumed debt and
every State in the military social construct known as the U.SJUnited States of America, Inc. is in
debt as Constitutors (California - some 40 Billion in debt alone!). The military social construct
so-called Federal government is in debt, some 6 Trillion and that the so-called ' ta xpaye r' pays
(is taxed} for everything. .. to the extent that on the average, you pay about 75% to 80% in
T A.XES! (that's everythi ng you ' pay' out to th eir goverrunent at every level for anything!) And
REDEMPTION MANU AL FOURTH EDmON 428

yet you own nothing as a debtor/slave on their Plantation as you do not possess the Title(s).
We are educated to believe that we live in a ' free country,' but rather we exist in a debtor' s
society and for that matter, most all countries around the world are in debt under the present
misrepresentations by the Money Kings as well. We, you, them, hell, we all service th e debt.
And don' t forget about the S90 Billion debt their U.S . Corporate Officer-President Bush created
due to the Iraq war that th eir U.S. Citizens will be required to ' pay th eir fail sha re' of to the
(last farthing) penny!
Keep in mind that th eir 'S ta te' treats you as their debtor slave on their Plantation. Th eir State
does not recognize your 'Soverelgu' status/capacity, does not respect you in the same manner.
By the actions of th eir agent/employees, their police, th eir courts and th eir so-called public
servants, you are only seen as a revenue base to support their various de-facto corporations
through taxes. tax.es and more taxes! (Remember the Matrix?)
Evidently. you have no standing or recognition as a ' Debtor on the Plantation'. Keep in mind that
XQY are not a signa to D' to th eir so-cal led federal or state constitution(s) and therefore lQ.!! are
not a party to th eir social compact servicing th eir debt. Simply stated, YOU have no agr ee me nt
or contract by which ),O U can or proffer that lQ.!! have ever b a rgained for you r rights or that of
. your "posterity, or that in any manner any of ,,·our so-called rights are protected by th eir form of
so-called government, their codes, statutes or laws at any level! So the 'other-side' cannot prove
that you are contractua lly bound to their ' De-facto Military construct.' You are not a signa torY
to, nor a PARTY to their social compact an d/or co ntr act!
A 13 Question FO IA (Freedom of Information Act Request) as advertised in The American's

Bulletin. was used in a State level traffic matter. Each question referenced a particular point as to
requesting an answer in respect thereto. When th eir Washingto n State Department of Licensing
(their agency) answered the State level FOIA (Request for Public Records), th ey answered Jun e
1, 1995 and in their second paragraph stated thusly:
" The Department has n o documents on file which would demonstrate that y ou are a party
to any social comp act or contra ct which can be demonstrated to operate to confer any
contractual, controlling, in su rable, lawful, legal, p ecuniary, regulatory, or any other interest
in your being and/or property to th e benefit ofthe county or state, etc. ,.
Also, per Padelford, Fay & Co. ys The l\layor and Alder me n of the C ity of Sava nna h, 48 Ga
438 (1854) wherein the court stated:
"B ut, indeed, no private p erson has a right to complain, by s uit in court. on th e gro und of a
brea ch of th e Constitution. The Constitutio n, it is true, is a compact, (contract), but he is not a
party /0 it! " (emphasis added)
So how much evidence do you need to see that you are not a party to th eir ' social compact '
(their constitutions) and aside from the fact that !.Q!! are not a signa ton · to it/them (your
signa tu re not appearing on their constitutions) and the factual inference is that y ou have

nothing to do with their government corporations or th eir debt and they have n othing to do
with you! Their only attempt is by threat, duress, and coe rcion, to convince you otherwise, and
that from this vantage point they arc able to shift the responsibility of their debt they created
onto "our Debtor, YOU and that of )'our posterity through their public educational institutions
by way of outright misrepresentation in respect to the program they created.
. ..and "the ides that th e State originated to serve any kind off IScal purpose is comp letely
unhistoricaL It origin ated in conquest and confis cation - th at is to say, in crime. It originated
f or th e purpose of maintaining th e division of society in to an owning and exp loiting class and
a property-less cla ss - that is, for a criminal purpose! No S tate known to history origin ated in
an)' other mann er, or for any other purpose! " Albert Jay Nock (State of the Union)
And let us not forget:
"s.. we are of the opinion that there is a clear distinction in this p articular between an
individual [man] and a corpo ration [fiction], and that the latter has no right to refuse to submit
its books and pap ers for an examination at the suit ofthe State. The individual [man] may stand
upon his constitutional n'ghts as a citizen [subject]. He is entitled to carry on his private
business in his own way. His power to contract is unlimited: lie owes no duty to the State or to
his neighbors to divulge his bu.o;iness, or to open his doors to an investigation. :-;0 (ar o.s it mar
incriminate him. H e owes no such duo? to the State. since he receives nothing therefrom.
beyond the protection o[his /ire and property. His rights are such as existed by the law o( the
land long antecedent to the organization o( the State.:. " Hale vs. Henkel, 201 U.S. 43 at page 74
(1906) (emphasis added)
Keep in mind as to the above case, it was decided before the bankruptcy.. . and don 't forget the
' n o contract' issue when their court reflects upon their constitutional Citizen. You know, the
One who either signed the social compact or is a direct posterity to any One who signed the
social compact, making their posterity by birthright a member of the social compact, or by Ones
ignorance. .. volunteered!
Their Sta te agents seizes 'State owned' cars, bank accounts, children, etc. Their State agents
tak es the pos ition of Master/overlord and punishes severely . Rights and 'due process of law' is
basically non-existent. But to their extent now, their police shoot first and ask questi ons later.
Their courts, as an collection agent for their State. collects (extracts) millions of so-called
doll ars from their debtor/slaves as these people go in and come out of their cou rts ... raped,
pillaged and plundered, but in many cases people believing had their day in their court and
experienced some sort ofj ust-us!
Within and without the Freedom Movement, people seem to get arrested, charged, pro secuted,
fined, j ailed and put into prison. The question to ask is why? Don't we live in a Free Country?
Maybe the simple answer is Libel! Their State and Federal government have copyrighted
everything in their private corporate venue. Since YQ!! have no agreement with them to trespass
on their copyrights, when you use their corporate name on court documents, briefs. liens, etc.,

th ey charge people with 'simu lation of legal process,' ' pa per terrorism,' 'cr im inal
synd icalism' or th ev can charge you with failure to file, bank fraud,jay-walking, what ever they
want to! But whatever the charge is, it still arises in libel.
"Prosecutor may k nowingly file charges against in nocent persons for a crim e th at n ever
occurred. " Tenth Circuit Federal Court of Appeal in Norton v. Liddell, 620 F2d. 1375.
And since you are not a party to their 'social comp act' and a !i..gnato'1'· to th eir constitution and
with no agreement per a ' Pa rlan ce' as to their copyrights, your just standing out there all alone
just waiting to get whacked!
It's been 228 years since fifty-six (56) men walked into a room in Philadelphia to sign a
declaration to agree to create something to establish a private government, policies and
agreement different from Great Briton's, called a social compact via the contract known the
'co nstitution.' They supposedly created a Republic. But as history shows us, Republics only last
about 200 years. The historical facts of this so-called Republic. .. from its political maneuverings
and corruptions to this day have reformed a Republic into a Military Social Construct De-facto
bankrupt corporation acting as a Dictator over all people... they now can a DEMOCRACY! They
Caned in all gold and silnr as 'the' substance that backed the nations money and have left YQY.
with nothing but worthless 'bank script' paper of a private bank corporation, having no value.
You can 'exercise' you r ' po litical will,' vour right to make that choice to 'co me out' of the de-
facto mess by becoming the Secured Party Creditor/sovereign.
As a debtor/slave on the Plantation, you own no property and have no rights! As a new Secured
Party Creditor, and all that you have learned from this book (Redemption Manual 4 th Edition)
and other sources in the nature of your continued education, you will place a 'cloud' (a lien) on
all the property of the debtor, first in time, first in line over and above any body else incl uding
the State.. . per the 'date' of your filing!
T h eir Declarati on of Independ ence as well as international protocol recognizes you r right to
exercise your ' po litica l will ' to come out of her! Every State has said the same thing. As their
so-called President, M r. Harry S. T r u ma n stated:
" We believe th at all peop le who are prepared fo r self-govern men t should be p ermitted to
ch oose th eir own form of govern ment by th eir own f reely expressed choice, with out
Interferen ce from any fo reign so urce.. . " (that fo reign source is the State or federal
goverrunent!)
As ' Mo r phe us' said in the Matrix One movie. " You mu st free your mind!" Do you see the
importance and the need TO GO BACK T O T HE SO URCE... to your status, your
Sovere ignty! (as Hea d-O f-State I State-In-Fac t)
For almost fifty years. the ' Pa tr iot' (Freedom) Movement has studied, researched. eat-meet-
and-retreated and fought thei r system for their so-called rights, dealt with the blood-sucking
REDEMPTION MANUAL FOURTH EDITiON 431

measures that their other side uses against uslthem, to compel us to their rules, codes, and
private law ,. . and yet there are some who never gave up th eir faith for th eir love of th eir fellow
man and hope to see now what is present, what is here today for each man or woman who wants
freedom
C ONSIDE R; When in the course of human events, it becomes NECESSARY for one people to
dissolve the politi cal bands which have connected them with another, and to assume among the
powers of the earth, the separate and E QUAL STATIO N to which the Laws of Nature and of
Nature's God entitle them, a decent respect to the opinions of mankind requires that they should
declare the causes which impel them to the separ ation.
. ..THAT AMONG THESE [RIGHTS] ARE LIFE, LIB ERTY AND THE PURSUIT OF
HAPPINESS.
...T HAT whenever any Fonn of Government becomes destructive of these ends, IT IS TH E
RI GHT OF T HE PEOPLE to alter or to abolish i4 and to institute new government laying its
foundation on such principles and organizi ng its powers in such form, as to them shall seem most
likel y to effect their safety and Happiness ... or to ' come out of her' , b)' becomin g the SPC!
Men or W omen have learned long ago that it is impossible to live unto himsclfiherself (no
man/woman is an island!) You cannot stand out here alone and naked as to Your rights, titles,
and interests and beliefs. .. since the same IS NOT protected by so-called government today, by
CONT RACT WITH SO-CALLE D GOVERN MENT AT M'Y LEVEL TO PROT ECT
SUCH SO-CALLE D CONSTITUT IONA L RIGHT S.. . and are you not tired of being raped,
pillaged and plundered, and your property taken, etc., etc.!
So now you do have a choice! Do !Q!! not understand with what the scriptures say about ' come
out of her! ' Do Y!lli not understand you have the power and right to do so and become a Secured
Party Creditor and solidify your true so vereignty via the American Sovereign Association. Write
The American's Bulletin for more information.

SECTION VII
TRAFFIC STOPS AND

THE COURTS

Introduction
While true sovereignty begins between your ears, the transition from the conditioned deb tor-
slave on the plantation to understanding your sovereignty and your standing does not occur over
night, and its achievement will requ ire diligence, organization, planning and taking
responsibility.
Your ability to prevail in any venue involving employees and agencies of the state and federal
government, though never guaranteed, especially with police. attorneys, judges, and other
revenue agents such as the IRS, will depend on your ability to recognize and neutralize any
misplaced feelings of trust, feelings of guilt, subservience to authority, hostile or paranoid
behavior, and threat of harm. You will be dealing with seasoned professionals, experts in lyi ng,
cheating, stealing, and intimidation . They appear to be power hungry sociopaths who are used to
getting thei r way and running roughshod over the sheeple. They are the ' officers' of the
corporation compelling you to their 'private-corporate-statutes' unlawfully, to compel your
obedience, extract revenue from you or imprison you within their 'facilities' for their commercial
gain. They will assume that you are clu eless to their game. easily conned/confused. and a push-
over.
Sovereignty is evidenced when you cease to be a victim of unrevealed, un conscionable contracts

and servitude by signing contract and treaty via international protocols for said recognition of
right to emerge and of establishing your sovereignty as recognized both by national and
international venues. And by not consenting! Not consenting means not taking part in the dialog,
not approving of that which is proposed, opti ng out from the very beginning, before anything can
be construed as having contractually begun with the de-facto States. etc.. The Supreme court has
consistently ruled that there is no requirement that anyone consent with anything, that no one can
be compelled to enter into a contract unwillingly with another- including municipal
corporations. State corporati ons and United States Inc.l The agents of government mu st involve
you their commercial scheme and get you to consent!
Be prepared because YOU WILL BE TESTED! The agents have many ways to contract with
your Debtor. While this is a very big net, if you have achieved the elevated status of secured
party creditor, you have in place the necessary instruments for leveling the playing field.
However, you can only leverag e the power of these docwnents by knowing who, what, where,
and when of bei ng a sovereign. It only takes a momentary loss of confid ence or missing a subtle
cue to contract and offering an acceptance before realizing it, to lose control of a situation. Your
body language is how you communicate 90+% of your message, and it rarely lies. If yo u are not
certain that you are a sovereign, it is unlikely that you will convince others that you are.
The greatest liability will be your past conditioning. However, it can be effectively offset by
diligently practicing your new response under pressure. The important concepts to ' embed ' into
your mental/nervous system are as follow s:
A citizen is a SUBJ ECT of the state. In an article entitled "Redemption Traffic Win ...•• Summer

Dawn was confused about her identity when she states: "I told the Officer that I was a secured
party and a sovereign Citizen of the United States of Ameri ca." While she prevailed in her traffi c
matter as a secured party creditor. she puts herself at risk is when claiming to be ' a citizen'.
Inference to this means you are saying; ' I'm a subject of the federal corporation and subject to
your rule!' Te statement above may be overlooked by a patrolman, but how about a j udge?
Statutory Law only applies to the FICTIONSIDEBTORS. You (flesh & blood) have no more
obligation to fo llow the statutes (being not named in them) and edicts of municipalities. counties,
States and UNITED STATES by and through their employees, agents, Legislators, etc., than you
do MCDONALDS CORPORATION. This applies to all employees of the United States and
their sub-unit States and Counties.
The U.S. Courts are NOT constitutional and there is NO CONSTITUTIONAL REMEDY for
you there. This is why you can never prevail by taking your constitutional arguments into the
courts. They are military courts of Admiralty based on the private. copyrighted, international law
of equity. The j udges and attorneys are administrators of the U.S. bankruptcy. It ONLY becomes
judicial when -you ACCE PT an offer (and sign) that they make to you. All of your training in
United States History has seduced you into the false belief that courts are adjudicating the
Common Law based on the Bill of Rights and the Constitution. There is no greater fiction in the
collective mindset of the Ameri can people than this, today! The courts were partiti oned from
Common Law Remedy in 1938 in the landmark Supreme Court decision. Erie Railroad v.
Thomp son. A judge will not accept any precedent prior to this; you cannot reference the common
law. This simple fact sbould GIVE YOU A CLUE!
Since 19933. there is NO WAY to PAY a debt. The word ' pay' is a euphemism for
DISCHARGE. You can on2' discharge since the Bankruptcy. Most everyone has heard of or
played the game Monopoly . The longest running game, lasting 70 days, ended the same way
that every other game ended ; the 'Bank ' ends up with having all the money. and everyone else
broke. You can see the same process, monopolization of all real estate and wealth, going on in
the world around us. Although most of yo u would never consider using Monopolyf ' money ' to
'pay' your bills, but there is absolutely no ditTerence in their intrinsic worth when compared to
Federal Reserve Notes. The only difference besides the way they look. is that you have given
value to Federal Reserve Notes based on your own experience of how others respond to them .
While this is not a trivial distinction. they have no more intrinsic value than Monopoly'" money.
If you can remember this you will be way ahead. This will help you to understand why there is
no real Law, since that would imply the ability to pay a debt. (see Article I. section X of the U.S.
Constitution and Article 11, Section I of the Oregon Constituti on - for reference!) Most
importantly, it may help prevent you from getting whisked otTto jail when you are questioned by
a judge regarding that Bill of Exchange you are using. when slhe asks you, "does this Bill of
Exchange ' pay' your debt(s)", and be fore realizing it. you end up accepting the offer by
announcing ' YES' it does.
REDEMPTION MANUAL FOURTH EDITJON 435

WHEN DEALING WITH THE COURTS
The United States is the most litigious society in the world. Anyone can sue you at any time for
anything. When you consider that there are over 60 million laws on the books and that America
has the highest per capita rate of incarceration of any country in the world, therefore reason
would suggest that the American legal and criminal justice system has a target painted on your
back. While it is not this purpose of this book to indu ce fear or paranoia, it is suggested that it
would be prudent to understand and accept the fact that if you live in America there are predators
in your midst. sanctioned by the public corporations via their private taw, having as their primary
obj ective an interest in doing business with you, i.e., fines , fees, citations, taxes, etc.
This system for indu cing you to fine, fee, j ail, or commerce has been so carefully designed, that
without specialized knowledge, such as the information contained in this book, your chances of
prevailing in an encounter with it are almost non-existent. It owes its success to the interl ocking
connection of three fundamental ploys:
1) Build a system based on appearances (fiction).

2) Create subtle ways of getting people to contract with the fiction in order to make
them accommodation parties to it.
3) Induce people to give this fiction life/substance by arguing and testifying.
4) Get the people to CONSENT to the liability and punishment as surety for the
fiction.
Corporate entities, Federal Reserve notes, property descriptions, and legislated (statutory laws)
are legal fictions. There is nothing of substance to them. A corporate entity such as your stra w-
man-debtor, is not the flesh and blood you. Federal Reserve notes do not come into existence
through their assignment to something of value such as gold or silver, but by taking out a loan. A
title deed identifies a home in terms of an artificial system of meets and bounds called a property
description-a description of property that is NOT; if you read it, you won' t find anything that
describes any attribute of the real house. This also applies to your car title and any other title to
property. The real substance of a thing is referred to as the RES. Legislated (statutory) laws are
not written pursuant to the contracts (Constitution and Bill of Rights) that would limit
government's power ov er its the sovereign flesh and blood men and woman. By creating a
system that is fiction from end to end, they insure that the real game stays hidden and not one in
a million will fi gure it out.
Most people suppose or assume that a contract has to be knowingly, intentionally, and
voluntarily agreed to by the parties involved . This is usually the case even when there is no
written and signed contract. For example, when eating at a restaurant, if you place an order for
food, then proceed to consume your order when it is delivered, the custom is you've contracted
by implication (implied contract) and you'll pay the bill. However, there is a whole class of
contracts of a far more sinister nature; they are called, adhesion contracts. Contracts made wholly
for the benefit of a single party. They come into existence whenever you exercise a benefit
offered by the corporate state such as welfare, Social Security, Medicaid, food stam ps, postal
delivery, sign an application for a passport, use federal highways, sign your name to obtain a
license, marriage license, driver license, pilot license, CPA license, etc.), or register property

(babies, automobiles, etc.) with the State. Unless you specify that you don't want to be liable for
the unrevealed benefits of any agreement or commercial contract, you have become an
accommodation party to the corporate fiction.
But now for whatever reason. you have to go into court. It is presumed that you are a debtor-
slave on the plantation, ward of the state, a subj ect and class one ostrich, unaware that you have
spent an entire lifetime contractin g to create a nex us between you (flesh and blood) and the legal
fiction that has been created on your behal f (straw man).

When Going Into Court
In a perfect (real) world. or in a perfectly real and j ust politicallleg aVeconomic system. there
would not be many occasions where the common man would he required to appear in an
administrative or a judicial forum and certainly not with out an injured party willing to swear to
firsthand knowledge of the facts. Unfortunately, in a world of fiction s as it is at the present time,
many are being forced, under duress and threat of arrest, to appear before any number of quasi-
judicial fiction forums for any number of crimes, violations, infractions, etc. of a fictional,
comm ercial nature.
So, the task at hand in such a situation is to understand what is going on and to protect yourself
as best as you are able. Critical to achieving the best resul ts is to be perfectly clear what your
goal is, and to keep our eyes on the goal amidst the physical. emotional. and intellectual turmoil
that such a situation brings forth. We must understand that we can only control wh at is within
our power to control, and that we personally cannot control the thoughts, words, or actions of
another. What we can do is control our own attitudes, tho ughts and actions, and the making of
the record. Our posture, or the way we present ourselves is vital. Are we able to remain as men
and woman of righteousness in a world of unrighteousness? Simple but not that easy. As to the
making of the record, keep in mind that in the vast majority of occasions the record made at the
lowest level is the only record subject to review at any higher level. In other words, our ability to
make the reco rd to reflect the information that is vital to our well being, at the initial heari ngs, is
directly proportionate to the remedy that will be available to us, in any forum, for any violations
of any rights and the misapplication of laws, statutes, rules, regulations, etc. The goal is to
remain in honor and to make the record. The way to make the record is to sta y "on point", to not
be led into the myriad other matters that may arise in the heat of the moment. Knowledge is
potential power, knowledge is made into effective power in individual circumstances by
effective application of that knowledge. And now, on to the speci fi c knowledge relevant to
survival and success in the commerci al fiction venues for settlement of disputes (the courts) .
Again, it must be emphasi zed that this is not presented as legal advice speci fic to any particular
individual or proceeding. but is offered as general information for educational purposes. It is up
to each man or woman to determine the benefit to them-selves in any specific application of any
information presented in any specific manner. With freed om comes responsibility. You are
responsible for your own choices and actions.
GOING INTO COURT:
The j udge either calls out your name, or asks you to reveal who you are. The judge is refeni ng to
the all caps <person' (legal fiction) but you are unaware of this, even though this person's name
is on every piece of identification that you have ever received, every bill that has come to your
home, and every legal instrument that was created on your behalf, so you admit to bein g that
<person' and step into the jurisdiction of the court. So you may want to state into the record as
you either cross the bar or upon the judge calling out your Debtors name : "I am , the
secured party creditor/third party intevenor in respect to this matter over title to the property."
REDEMPTION MANU AL FOURTH EDm ON 438

The judge then reads the ' commercial' charges and asks you to make a plea .. . in behalf of the
debtor/defendant - the fiction/Ens legis. NOTE; If you plea guilty, you wave your rights and
accept the full liability and may have to sign (consent) a confession . Having been trained all your
life to acqu iesce to authority figures, your willingness to sign and accept your finc/punishment
without ever asking if your signature is mandatory or voluntary. If this is a criminal matter the
j udge is very interested that you are well represented by a class of commercial contractors called
Attorneys. As the j udge may say, "If you can't afford one, one will be appointed to represent you
for 'free'". Don't believe that one - you will be presented with a contract to sign to agree to pay
for the attorney! The attorney is an 'officer' of the court, however, you have been seduced into
thinking that the attorney ' s fi rst loyalty is to you, but as an officer of the court, their first and sole
allegiance is to the court - not you! The attorney can promise you nothing and that is exactly
what he will help you get. Of course if you hire or accept an attorney, you become a 'ward of the
state' , an incompetent, a lunatic of unsound mind.'
NOTE; if compelled, if you plea " not guilty", you still imply your guilty but will allow the judge
or ' show' jury to decide the matter, but you have then already agreed. to accept the liability and
the decision of the court and now ... the stage is now set.
If You go away with an attorney and he ' s to prepare your ' argument' and ' defense; beware that
he will not prepare an appropriate affidavit of the facts, no an appropriate defense for why you
are not liable for the charges against your Debtor.
On the day of your next court appearance, the attorney will help you argue your case. The judge
may ask you questions through the attorney, and you may be called to testify. With the attorney
there, you are not allowed to speak for yourself. By testifying and arguing you will be giving
substance to the controversy and to all the fictions in the courtroom. In this way you will be
admitting your guilt This will be a slam dunk for the attorney and a slam dunk for the court
system.
If an attorney is forced upon you, you might ask the attorney; "Can you represent me in my
private capacity?" The answer will most likely be; " No I cannot!" Which is admission that the
attorney is ONLY TH ERE TO REPRESENT THE COM MERCIAL FICT ION - YOUR
DEBTOR! The so-called defense is for appearance only, before being found guilty, imposing a
fine or handing you over to one of the biggest growth industries in America, the police
state/prison system .. . irrespective of not being subject to the statute!
Prior to going into court, One should do the CAFV first (see Section 5, The Private
Admi nistrative Process), then at the arraignment or hearing, there are questions and statements of
fact that are important to make "on the record" in the hearing.
If you have completed the CAFV in a for the particular matter, as the j udge calls the debtors
name, you state or read into the record the 'appearance brief statement (see Section 6 -
Conditional Acceptance - Read Me Firstl) ... similar to; "Well your honor, I accepted for value
the pro secutors claim and agreed to pay the fine (go to jail, etc.} predi cated upon proof of claim.
He has failed to provide proof of claim. he has failed to state a claim upon which relief can be
granted and he has stipulate to the facts as they operate in my favor and al the evidence is before
the court. I don't know what to do. .. what' s my remedy?"

As indicated in Sectio n 6, as to the CAFV, th ere is now an ' agreement' on the tabl e and th at 's all
the j udge can see! He now has been placed into a mini steri al capacity.. . not in a judicial
capacity !
However, in the event the judge m oves forward, util ize the following original ' Three Magic
Questions (as they have been called!).. . plus there ' s an additional one!
Often they wi ll attempt to evade their responsibility of answering these legi timate qu estions. In
such a situation one could repeat the questi on and/or ask if they are re fusing to answer the
question. (R emember, yo u are making the reco rd.} Also, so me choose to preface th eir q uestions
before the court with th e phrase "Without dishonor", follo wed by the question. The intention is
to establish that there is no intention to be presumed to be acting dishon orably or in a
contemptuous marmer.
1) Question to the m agistrate or j udge, " May I have your name please?"
2) Question to the j udge ; "Do yo u have a claim against me?"
3) Question to the judge, "Do you know of anyone who has a claim against me?"
Repeat the same to the prosecutor! The prosecutor really is the only one who could have a
claim against you. .. if you were subj ect to the statute!
4) Question to the open court (or one could face the gall ery, and ask; "Does anyone present here
today have a claim against me?"
5) Statement to the j udge, " As it appears th at there is no legitimate claim presented there is no
public business before the court. I request that the order of the court be released to me at thi s
time so that I may be free to go"
And an additional verbal question might be; "Will the court compel the prosecutor to produce the
evidence of my liability to the statute?"
Understand that there are any number of ways that any parti cular magistrate, judge (no, they are
not the same), or prose cutor may respond to these questions. Rem ember, your ques tion and the
CAFV is your pri vate process to obtain DISCOVERY! That does not mean that the qu estions are
no t valid, or that whatever th ey m ight say in response, may only be to distract or evade. The
reality in the system as it is, th at the agents are saying and doing all sorts of things that are
beyond their lawful authority (ultra vires), if there is misapplication of the statute.
It is vital that however the actors res po nd, be it silence, angry outbursts, or threats of being found
in contempt, that on es remains caIrn and on point. Do not be dragged down to their level of
interaction. An example of how one could respond to such outbursts and threats is, " excuse m e,
it is not my intention to be contemptuous (or dishonorable). I am only trying to pro tect my
interests here. It is im portant that I determine if there is a claim against me and who is

responsible for bri nging the claim" " Do you have a claim ag ainst me?" If there is not a direct
response to the question, then in effect, by their 'general acquiescence' they are all in agreement !
Some have, in response to a direct threat from the court (i.e.; " if you say that again I am going to
find you in contempt and remand you to custody") have asked questions such as "What will the
nature of the contempt be?" (civil, criminal, or the inherent power of the court to enforce its
internal policy and procedure) or " Is it the purpose of this court to abuse me?", or "Are you
refusing to permit me to know if there is a legitim ate clai m before this court?" or "Are you
refusing to inform me of the nature of the claim in thi s matter?". At every opportunity, attempt to
have the order of the court released to you.
The abov e steps are new to most people readin g this book. Read, study, memorize the questions,
statements, etc. Prepare as best you can. DO THE BEST YOU CAN! Learn from the past, learn
from your mistakes. Proceed down the path you have chosen. I f the court, judge, prosecutor, etc.,
misapplies the law, statute, code, etc., your only remedy is Tort.. . and if you do not exercise that
' exclusive' remedy, who allow 'them' to continue to mi sapply their private statutes to injure and
harm many others out there!
Many actors in the system seem to be drunk with power and have more guts than brains. Many
are willing to " cut off their nose to spite their face" rather than be faced with having to
acknowl edge any lim it to their authority. Wh atever they might say or do under the
circumstances, it is clearly established that if they exceed the bounds of their authority
(misap plication of th e statute) their orders, j udgm ents, pronouncements, etc. are void, and it is
possible that they may he called into account for such actions. UNDERSTAN D; 'They ' will do
whatever they want to do ... you the sovereign, must do what you have to do! Th e sovereign m ust
exercise hislhcr ' exclusive' remedy ... TORT. . . for that misapplication of the statute.
ALSO. keep in mind in any matter, where you may have been arrested to any quasi-
criminal court matter, from traffic ticke ts to serious criminal matters, the j ail and the court will
attempt to lure you into a contract. In the majority of cas es, anything you sign on the public side
will be a contract. Signatures will generally be requested on your booking form, for picture and
fingerprint, and at the time your personal property is checked into the jail. When you are
solicited for the purpose of making a statement or providing your signature, state clearly that you
do not consent to it. If you are pressured, ask the question "I s signing this man datory or
voluntary". If they insist that it is mandatory, ask them to "show you the law". If they don't show
it, tell them that ''you will wai t for them to bring it to you . Failing this, if threatened with
physical harm, announce to them that you are signing under duress. Before you sign your name,
write above the line where your signature goes " Without Prejudice". Thi s will reserve your
rights. If the fonn is refused and they give you a new one, sign it the same way. When signatures
are requested ask the question "is my signature mandatory or voluntary".
THEY MUST GET YO UR CONSENT .. . to proceed in their j urisdiction, to being prosecuted

and they need your CON SENT . .. to pay a fine or go to jail!
It is suggested that if who ever presents you with a paper to sign in relation to a judgment, fine,
or dealing with incarcerati on ... ask the question; "Is my signature on this document mandatory

or voluntary?" If whomever answers "mandatory," your reply would be.. . "Please show me the
law that I must sign !" If they answer that your signature is "voluntary," your reply would be. . .
"I do not wish to volunteer to sign!" At that point, you decide what to do next! In some case,
people have just walked out of the room. Just do not succumb by their pressure to sign!
REDE MPTION MAN UAL FOURTH EDITI ON 442

Many are ' condit ioned ' t o believe that if they go t o t he 'Courts: t hat they 'l l get a
fair trial. That t hey wili have j usti ce and better yet, th at t he y will get a re medy .
Whi ie 1 % m ight 'w in: we th in k it wise t o disclose t he f ollowing... t ake heed :
General Immunity Pertaining to

Prosecutors, Judges and
Government Agents
1. Prosecutor may violate civil rig~ in initiating prosecution and presenting
case...
- United States Supr em e Court in Imbler v. Pachtman, 424 U.S. 409
(1976)
-
2. Immunity e xtends to all activities closely associated with litigation or
potential litigation...
- Second Circuit Federal Court of Appeal in Davis v . Grusemeyer, 996
F.2d 617 (1993)
3. Prosecutor ma y know ingly use false testi mony and suppress evidence...
-Un ited States Supreme Court in Imbler v , Pachtman, 424 U.S. 409
(1976)
4 . Prosecutor may file charges withou t any investigation...

- Eighth Circuit Federal Court of Appeal in Myers v. MorriS!, 810 F.2d
1337 (1986 )
S. Prosecutor may file charges outside of his j urisdiction...

- Eighth Circuit Fed eral Court of appe al in Mvers v . Morris, 840 F.2d 1337
(1986)
6. Prosecutor ma y knowingly offer perjured testimony...

- Ninth Circuit Federal Court of Appea l in Jones v. Shankland, 800 F.2d
1310 (1987)
7. Prosecutor can suppress ex culpatory evidence...

- Fifth Circu it Fede ral Court of Appeal in Henzel v. Gertst e in, 608 F.2d
654 (1979)
8 . Prosecutors are im mune from lawsuit for conspiring with judges to

determ ine outcome of judicial proceedings...
- Ninth Circuit Federal Court of Appeal in Ashelman v . POQ!:, 793 E.2d
REDEMPTION MANUAL FO URTH EDm ON 443

1072 (1986 )
9 . Prosecutor ma y knowingly fi le charges again st inn ocent persons for a

crim e that never occu rred...
- Tent h Circuit Fed eral Cou rt of Appeal in Nonon v. Lidd ell, 620 F.2d
1375 (1980)
This is what the United State calls "Equal Justice under the Law" .. .and certainly. every man is
equal before the law! And since you have no agreement/contract with the Feds, the State, etc., to
bargain for your rights or to protect what you believe is your rights, and no agreement with the
court, how do you perceive or believe that you will obtain justice or a remedy in their courts?
Maybe you'd better get your head out of the saod aod face reality! NO JUSTICE IN THEIR
COURTS
This above research is provided for those in the Movement who believe that any Attorney can be
trusted when faced from the opposition of Prosecution when their first duty is to the Court [Vol.
7. Sub-Heading Attorney-Client Section 2-4]. then the Public Corporation known as the United
States [28 U.S.C.A. 3002(I5)(A)] per definition of Dolus bonus. dolus malus, wherein the
attorneys and the Court may commit legal fraud to control those of unsound mind as Wards of
the Court at page 483; Black's Law 6th Ed.
But you are not a class one ostrich, having your head stuck in the sand, you are on the path! You
have been paying attention. You are beginning to unravel the mysteries of the matrix, moving
forward to achieve the status of Secured Party Creditor. You are no longer destined to suffer the
fate of the ostrich with the courts and the system. You understand the true nature of the
commercial scheme and the ' contracts ' with government and the 'adhesion' contracts that do not
exist to bind you to the 'social compact,' and you' ll begin to learn to ask all the right questions,
questions that they can never answer without revealing their hand, questions that will, by their
silence or refusal will seen and taken as their ' general acquiescence' and allow you to remain on
top, as the sovereign, secured party creditor.
" A ll that government does and provides legitimately is in pursuit of

its duty to provide protection for private rights (Wynhammer v .
People, 13 NY 378), ...which duty is a debt owed to its creator, WE
THE PEOPLE and the private un-enfranchised individual; which debt
and duty is never extinguished nor discharged, and is perpetual. No
matter what the government/state provides for us in manner of
convenience and safety, the un-enfranchised individual owes
nothing to the government:'
Hale v. Hinkel, 201 U.S. 43 @ pg 74 (1905)

BEFORE THE JUDGE
Assuming that you have read the three essays Merchants of Fiction, Are You Sure You Want to
Hir e an Attorney. and Mythological License to Practice Law, you now understand that the
system of courts in the United States is a very sophis ticated racketeering organization. In fact
you could call it RICO on steroids- they're waving their hand to make it look like one thing is
going on, when an entirely different thing is happening. But now that the cat is out of the bag,
and you understand what the game is. You now have a basis for setting some strategy on how to
best deal with the unforeseen circumstanc e of going before the j udge. But before you do, Jet' s
deepen your understandi ng of the nature of the courts. If you anticipate that you may find
yourself brought before the j udge by an officer of the corporation, you may want to prepare by
reading this section several times.
"The discretion ofa judge is the law oftyrants; it is always unknown. It is different in different
man. It is casual and depends upon our constitution, temper, and passion. In the best it is often
times caprice; in the worst it is every vice, folly and passion to which human nature is liable. ..
[Lord Chief Justice Camden Courts and Policy: Checking the Balance (1995) Wellington,
Brookes, p 188J
THAT'S NOT ME!
The primary presumption when brought before the judge is that you (flesh and blood ) are liable
to the statutes, when in fact the charging instruments bear the ALL CAPS name of your Straw-
manlDebtor... the Defendant. The Straw-man is the fiction as only fictions are summoned into
any court, civil, or crim inal. A living soul is never the Defendant or Plaintiff in any case. Your
primary defense therefore will be to find out if the Judge, Prosecutor, or anyon e in the courtroo m
for that matter, has a claim against you, the flesh & blood man. (covered above) Now they get
real nervous when you ask this question, because it comes very close to exposing the fraud and
deceit that they're involved in. "Do you have a claim against ME", will be your primary line of
qu estioning.
In all criminal matters and all matters are criminal, the court wants to control you (flesh &
Blood) through the Attorney, however in order to do this, you MUST cooperate. In fact they are
counting on your cooperation. But don't make the mistake that many are making in the
sovereign ty movement by thinking that the solution is to represent yourself, as in Pro Se. By
representing yourself, yo u are attaching yourself to the 'FICTION '-the Ens Legis-Straw
Man-Debtor-Defcndant, thus giving them jurisdiction and giving life to the controversy by
your manner of participation in a way like no other.
If you want to give the court j urisdiction over YOU, the flesh & Blood man, represent yourself!
Otherwise, let them know under no uncertain terms that they are welcome to assign an attorney
to the Def endant, in fact you INSi ST, that they do so, as you "don 't think that you have the
standing (incapable as a mailer of law) to represent the 'person ' (fiction) named in the charging
instrument". Also let them know that 'y ou will not be taki ng responsibility or cooperating in

ANY WAn I'm only here / or settlement and adjustment of the account" When you do this, the
Attorney they assign will get very nervous, because the court is now without p ersonam
j urisdiction, and if you're not the fall guy, guess who is? Th is is known as the rule of93 .
So you can go into court and say, "/ don 't think / have a license to represent a corporate fiction
in your court. / believe you need to appoint licensed council to represent the def endan t/debtor,
but that not me." In a military democracy foreign court <an courts in the UNITED STATES)-
you either have to be an officer of the court or a lunatic: someone of unsound mind, a ward of the
state. By telling them to appoint an attorney to represent their Defendant in their foreign court, it
prevents you from walking into their jurisdiction!
HONOR/DISHONOR
One might logically conclude that the courts are about the law and the facts. Whereas this would
normally be the case if not for the US Bankruptcy, there is no current way to extinguish a debt-
no way to pay, The bankruptcy inverted the logic of the phrase "to pay", and everything affe cted
by "payment", and this includes the law, The bankruptcy took us from the gold standard, to the
promise to pay standard. Externally, the corporations look like they have all of the wealth, don 't
they? Once again your senses are deceiving you from the facts. The game is kept going in this
way, as what' s really going on is far from obvious.
The current system in Ameri ca consists of two groups: Debtors and Creditors. All Corporations
like the federal United States and its sub-corporations: States, Counties . and Cities are insol vent.
All of your property and labor were pledged to the insolvent corporation-debtors. making you the
Debtor. The owners are the International Banking Cartel, i.e., Federal Reserve Bank, IMF, House
of Rothschild, etc.
So everything is based on TRUSTS now, not true contracts, since there is no longer any lawful
consideration. This is evidenced by the fact that the titles for your automobile and home are only
evidence of ownership (certificates), not real ownership. The new car dealerships, banks, and
mortgage companies don't tell you this, but that is precisely what is going on. This is also why
we have courts in equity since the bankruptcy and not courts at law. Pursuant to Fehl v Jackson
County, "County courts are no longer constitutional courts."
So what is a contract without considerati on? What is a contract based only on a promi se?
Answer: A quasi-contract/implied trust. The plaintiff appears in court (whether they know it or
not) as the implied beneficiary of the implied trust (contract). The j udge will construe the implied
trust relationship found in the alleged contract into a constructive trust (court order) which
specifies the rights of the pJ aintiffibeneficiary and the duties of the other party to the implied
trust-the defendant/trustee. Because this process is trust-based, there is no requirement for full
disclosure. Beneficiaries can be denominated as plaintiffs; trustees can be denominated as
defendants or respondents. Pleadings can even be denominated as petitions. The court duty-
bound to act in the best interest of the beneficiaries, will almost always favor the plaintiff.
So if the courts are not about the law or facts, what is it about? Answer: Have you been a good

trustee today? In other words, it' s about hon or. Are yo u honoring the military occupation that 's
been in force since 1933, and are you performing according to all of tho se implied contracts and
the statutes that you have been exercising the benefits of? See "On the Subj ect ofSovereignty for
details.
The dance of the courts is like a ball game, or a game of 'hot potato'. Who ever goes into
dishonor first, looses the game, and there are penalties for hanging on to the 'hot potato' . It
usually starts with the initiation of a suit or claim recorded by the clerk of the court. The clerk of
the court passes the 'potato' to the Defendant via service of claim. e.g. summons. Since you are
surety for the DefendantIDebtor, it ' s essential for the courts, in ord er to play out its game is to
acquire j urisdictio n or nexus to the fl esh and blood living person. They do this by inducing you
to plead, argue, testi fy, and/or sign. .. on the bottom line!
I hope you're not in shock (thi s is a lot of information), and that your eyes are begi nning to glaze
over. So now the potato is in your hands, and you have two choices, HONOR or DISHONOR. If
you don't respond in the stipulated period of time, or go silent, that is a d ishonor. If you charge
into court like a thunderbolt-arguing, testifying and demanding your non -existent
Constitutional rights, you are in di shonor (you also give them j urisdiction).
....But, indeed, no private person has a right t o complain. by suit in court, on th e gro un d
of a breach of the Co ns titution. T he Constitu tion, it is true, is a co mpact [co nt r act], but
he is not a party to it. T h e Sta tes are a party to it. ..... Padelford. Fay & Co . v. The
M ayor and Aldennan of the City of Savann!!!b 14 Ga. 438 ( 1854)
So what can you do? CAFV, Ask questions (Demure), accept for value, file an affidavit(s) and
file yo ur Tort claim! (liens are a no -not ). All you really need to do is become sm art enough to
rebut the presumptions, but let the other side establish an 'agreement' with you !
If you can ' t separate yourself from any implied fiduciary obligation to the plaintiff (beneficiary),
your toast. Whi le it is not the purpose of this essay to teach you how to fully do this, it will give
yo u a serious head start. The first major step toward separating yourself is to become a Secured
party. On the value of the UCC-l filing: If you don' t file, there is !!Q..Public notice in place of th e
superior secu rity interest over the property to displace the courts presumption that you do not
contro l your property/d ebtor and affairs. Silent judici al notice of the lack of is fact will be noted
and the court will assume contro l by your default.
No te: Many people in the freedom movement are under the impression that the agents of the
UN ITED STATES, STATES, COUNTIES and CITIES are doing it all wrong. However
consider that T HEY are doing it RIG HT! As there are only C REDITORS and DEBTORS,
and you are perceived to be the Debtor! This includes tho se who claim to understand
Redemption, when in fact they are practicing Common Law execution, whi ch is not
Redemption . They have failed to realize that there is no REMEDY under the Common Law
anymore because there is NO MONEY. They're doing certifi cates of protest (dishonor).
instead of acceptance for value (hono r).

COURTROOM STRATEGIES
Now that we have laid the groundwork and (we hope) you understand the rules of the
engagement, let's set some 'other ' specific strategies for use in the courtroom. It' s best to keep
dialog in any courtroom encounter too a minimum. Clear, concise, statements and clos ed ended
questions that can be answered with a yes or no are best .
However, the following six qu estions are good to control most courtroom encounters. They are
simple and will generally solici t a predictable and reliable response. Remember, to ask questions.
is to ' demur" to answer questions to ' traverse' (testify!) and you are not there to testify! It is
recommended that you memorize and roll play the statements and questions with a partner until
you feel that you can remember and deliver them under pressure while your man aging your
adrenalin pumping. The more disagreeable your training partner is, the more your responses will
be tested. It is far better to draw a blank expression in a training session, than when your facing a
court judge-you will loose contro l of the dialog if you are unab le to martial a capable response.
Questions are :
I. Do you hav e a claim against me? (as covered above!)
2. Arc you asking me to testify?
3. I'm here to exchange the exempti on and a guilty plea to the facts,
for the bond.
4. I am not here to dispute the facts
5. What is my liability or nexus to the statutes?
6. I accept your otTer for value on proof of claim that the state constitution operates upon
me. by and through the state legislature, by and through the state statutes.
7. I stipulate to all the facts and accept and return the same for full settlement and closure in
the transaction.
8. I take exception to all matters raised in these proceeding.
9. I don't understand, I'm not signing anything, and I don 't consent to being incarcerated
(usually stated at senten cing!)
Also, understand the following concepts:
• If you argue. the j udge gets discretion over all your presumptions, because no one can
prove anything. Besides, that's how they keep their jobs. and charge their clients higher
court-appearan ce fees. If judges were to let it be known that they choose who wins based
on dishonors. the gam e would be over. and none of them would have any work .

• Case sites are arguments (dishonors) and are nothing but opinions and presumptions,
which are clearly public illusion. This is why judges never read more than one or two
pages of each sides briefs, no matter how long they are, or how much evidence you
attach.
• When you file evidence of your completed 'Conditional Acceptance' (in regards to the
'officer' or the 'Prosecutor ') that plaintiff has failed to state a claim upon which relief
could be granted, there is now an ' agreement on the table and that ' s all the j udge can see
and now he ' s placed in a ministerial capacity, not a judicial capacity due to evidence of
no controversy! .
OTHER APPLICATIONS
THREE ST RIKES: Realize that deb ts are PAID in the public during the bankruptcy of the U.S.
You can tender an offer to discharge all old case 'bonds', bails, or other obligations with an
exchange of your exemption (valuable consideration), un-do the lasting liability of those old
cases, and stop them from coming against you in the present case, then otTer to discharge the
present case with asset instrument and not a liability instruments. The court may rule your
criminal charges ADJOURNED!
CO:\IPET ENCY: Defense counsel raises a question about defendant's competency.

Interpretation: Since you were so stupid as to let this guy get these papers into the record, I'm
shifting the liability to you, so you better hope this bozo falls into dishonor (agues or goes silent)
in this civil charge, which will allow us to reinstate the criminal charge.
The competency claim was conditionally accepted upon proof of claim that ( I) the defense
attorney has submitted probable cause for the claim that the mental competency of the man was
in question (by putting in an affidavit listing the specific behaviors demonstrating said
incom petence); (2) that any test administered by the psychologist would be a more valid
predictor of competency than the 5 affidavits from people who have known you for 2Q-years
(can ink-blot test do this???); and (3) the public hasn't attempted to shift liability for this guy's
loss of freedom onto the psychologists!
VIOLATION OF PROBATION: Man threatened with 3 years for probation violation. The
Publi c Defender was honored (got the potato passed to him) when the creditor (respondent)
asked him to release the bond in exchange for his exemption, and get the living soul released .
The Public Defender visited the jail on numerous occasions but ignored the respondent
(dishonor). Upon protest (for the dishonor), the court noticed the position the Public Defender
was in. Then one day, "all of a sudden", the District Attorney responsible for setting all the
parties in the court, tells the Public Defender that the District Attorney thinks he remembers
something unusual about the case, and sends an investigator to the old court (hundreds of miles
away) to see if the transcript shows that respondent was never told to perform the 'duty' he was
charged with 'violating'!

Scenario 1:
Judge: What is your name?
Sovereign: No, it is not.
Judge: What do you mean?
Sovereign: I mean "What" is not my nam e.
Judge: I am asking for your name.
Sovereign: Well. I have lots of names. Which one are you talking abou t?
Jud ge: I'm talking about your real name. What is it?
Sovereign: M y parents call me "son," my friends call me "Lefty.., and my dog calls
me " Woof!" These names are very real to me and I usually respond to
each. What name are you interested in?
Judge: I'm not interested in playin g word games with you-and you will show
respect for this court ! Are you JOHN HENRY DOE?
Sovereign: The name you just mentioned is common-law-co pyrighted property

and I am the own er of that particular property. In fact, I have given
public notice a f m y ownership of that property by publ ishing in the
newspaper. If you want to use that piece of property again. you are
hereby noti ced that there is a fee for its use, set forth in the Copyright
Notice. and it's a fairly steep fee. But I will wave the charge you just
incurred if you elect not to use it again. What would you like to do?
Judge: I don' t know what you think your doing, Mister, but you're about to
get into deep trouble.
Sovereign : Mister is not a nam e of mine.
Judge: Look, whatever-your-name-is.T am commanding you to identify

yourself or be held in contempt of court! Bailiff
Sovereign: I assure you. that I mean no disrespect to this court. I am only

interested in protecting my property rights. Are you commanding me
to surrender my private property for your use without compensating
me?
Judge: I most certainly am not; I am merely asking for you r name.

Sovereign: Well my name is m y property and I do not give away any of my names
REDEMPTION MANUAL FOURTH EDm ON 450

for the use of others without being compensated in accordance with
the usc-fees as published in my Copyright Notice. As far as I can tell,
the only reason you want the name, is to establish a contract for the
purpose making money. Is that correct?
Judge: That is not correct! I need to know who you are so we can proceed
with the business of this court.
Sovereign: You bring up a very good point: If you do not know who I am, then
why do you want to do business with me?
Judge: You are tempting the limits of my patience, sir. GIVE ME YOUR NAME!
Sovereign: You want to know what to call me?
Judge: That would do fine.
Sovereign: You can call me "Secured Party Creditor."
Judge: This is not going to go on much longer, my friend! Very well Mr.
Secured Party, where do you live?
Sovereign: 1 live within the confines of my skin.
Judge: (Dropping his head into his hands, slapping his forehead with both
palms, then looking up.) WHAT IS YO UR ADDRESS?
Sovereign: I don 't have an address. See for yourself (slowly does a 360 0 spin,
arms held away from his body).
Judge: Where do you sleep at night?
Sovereign: In a bed usually, Sometimes, in a sleeping bag.
Judge: I mean, which building do you sleep in at night?
Sovereign: Like I said, I don't sleep in a building, I sleep in a bed.
Judge: Sir, secured party. whoever you are.. .you can have a seat over there
and we \\;11 take this up after lunch!
Notes: 1) Nothing ever got started after lunch. The sovereign was truthful and respectful the
whole time-and never gave away his private property for the use of the court (who would
open an account and lodge pecuni ary charges in it) The sovereign kept his cool because he
knew that the only thing the judge wanted him to do was voluntarily surrender his private
property for the use of the court- without compensation. Once you understand that this is all

tha t is going on in a courtroom (and elsewhere), then you will be able to think on yo ur feet
and make the right moves.
2) It is not necessarily recommended that you use this approach unless you are well rehearsed
and confident beyond intim idation. You always run the risk of embarrassing the judge and
garnering his anger and retaliation. So you must read the situation, and use an approach
befitting your knowledge and personality. This example to show you how creative and
successful one can be without giving up anything.
Here's a slightly different approach based on the judge calling out a case from the roster. John
Henry Doe, is in court today in response to a summons. The charge is driving with expired plates
and no proof of auto insurance.
Judge: JOHN HENRY DOE v , STATE OF OREGON
Sovereign : (Approaching the bench but not speaking)
Judge: Wh at is yo ur name?
Sovereign: Who wants to know?
Judge: My name is right here, the judge pointing to his name placard?
Sovereign: Can you please state for the record your honor, your fun and complete name?
Judge: Lawrence Jefferson Shyster
Sovereign: Thank you, your honor. Do you have a claim against m e?
Judge: No !
Sovereign : (Looki ng toward the Prosecutor), Do yo u have a claim against me?
Prosecutor: The state of Oregon has a claim against you.
Sovereign: Then would yo u please put the State of Oregon on the witness stand and swear it
in?
Prosecutor: The State of Oregon does not have a claim against you.
Sovereign: Looking around the courtroom, now up at the ceiling, Does anyone here have a
claim against me .
Sovereign: I ask that the order of the court be released to me.

Advanced Concepts
and Techniques
The next scenario details the 'Roger Elvick' criminal trial involving writing checks on a closed
account (no longer suggested) in the recent past. The advanced concept here deals with the
•Appearance Bond." It has been effective, but to a point. It has been observed that your request
for an ' Appearance Bond ' be done during a ' fresh arrest ' and the request made with your 'one
free phone call', first asking for the phone number of the judge, to request 'the Appearance Bond
without fees and costs.' If you seek the appearance Bond say after arraignment, most likel y the
request will be denied. Since the Bond is necessary for the commercial discharge of the
' charges,' and it being denied, inju ry has been done in the matter and this point would be
covered in your Tort!
Is it pubic or private?
In the matrix, on the publi c side of the equation you have the courts. Courts deal with fiction;
fictio nal plaintiffs, fictional defendants, fi ctional laws (only applies to the straw man, not you),
and fi ctional property (paper titles). You (flesh and blood) on the other hand, are on the pri vate
side. YOU are the source of ALL VALUE through your ACCEPTANCE; pleas, signature, etc.
Courts and their representatives are insolvent; they have no way of giving substance to
ANYTHING, unless they can get YO U (flesh and blood) to give it value (consideration).
Consideration
There are only two ways in which you can give consideration in a commercial transaction. sweat
equity and by using your exemption. Debtor-slaves on the plantation offer consideration in the
form of Federal Reserve Notes. Although Federal Reserve Notes are not backed by anything of
value. they are a store of energy that represents their work. They eam these by doing time in the
corporate work yard (please fi ll out your W-4 and 1099). Secured Party Creditors on the other
hand can use their exemption (signature) in light of the US Bankruptcy. The SPC has unlimited
credit! Why, because "the wealth of the sovereign is in his credit." Via his exemption
(signature)! Due to HJR In-public Law 73 via the bankruptcy that pledged all of your labor
and property to satisfy the debt of the municipal corporate United States. Since you were dragged
into the bankruptcy by fraud and all means to <pay ' were rem oved from circulation (abrogation
of the gold clause), the only thing that has value is the commercial credit created by the
CREDITOR ... YOU!
Honor-Dishonor and the Draft

All transactions are CO MMERCIAL. even criminal charges. The power of the court is to referee
a dispute between the parties of a commercial transaction. There can be no judgment against you
when both parties are in agreement. and consideration has passed between them to settle the
contract. Like an wnpire in a foot ball game. the judge is supposed to 'blow the whistle' for
fouls, dirty play. or hold ing onto the ball for too long. Th e draft (example-brief filed) and the re-
draft (response brief) are the models for the commercial <ball game'. being play-out back and
forth! While this is the normal way its done in their court, your goal is to stay in honor while
avoidin g the dishonor, this bei ng done via CAFV and ' agreeing with thy adversary' , Whenever

you argue, testify, or fa il to act (silen ce or perfonn) you are in di shonor.
Courts of Equity or Common Law?

The American legal system is based on equity not the common law. Bankrupt cy means there is no way to
pay a debt and without the ability to pay, there is no remedy under the common law. Since the courts are
in bankruptcy, they do not have the stand ing or capacity to execute a sentence, or charge you in common
law . That's why the prosecutor and the judge will get YOU to 'ad mit, confess, conse nt or agree' to the
charge, fin e or incarceratio n!
Look at it this way, if the public charges you, why does the judge want you to post bond? Because now
that you've plead and granted the court subject matter j urisdiction, they want you to assum e the liability.
Why should they disclose that they must post the Bond and bring it forward upon your request if they do
not want to assume the liability?
If you are practicing common law execution (constitutional arguments. law and procedure) you are not
practicing Redemption. but arguing - giving life to a controversy and stepping into the jurisdiction to
accept full liability for punishment!
Don't look for your fourth amendment right in the courts, you have no rights! The only right you have is
the right to m e a 'Tort Claim.' Many individuals that think they are doing redemption when they go in
and argue the law, which is backwards. Agree with thy adversary - accept for value and discharge.
Continuing :
Prose cutor: You signed two checks written on a closed account
E lvie: That is true.
Prosecutor. What do you want
Elvie: I have accepted the criminal charges, I have returned them, I offered my
exemption in exchange fo r the di scharge of the bond and release of that p roperty
to m e.
Prosecutor: What you want is civil and we have a criminal matter in front of us and we have
to di spose o f the criminal matter first.
W ould you be willing to plead guilty to the charges?
Elvie: I have no problem wi th p leading guilty, the facts as stated in the charges are true.
Judge: If this is the agreement of the parties, we are going to have to do this in op en
court. We can't do it under television. You 've got to be in open court in front of
me ...And you'll have to be h ere in THREE days. If there is nothing m ore I'll see
you here on Monday .
Judge: (Monday m orning) If the parties are all here and we all agree on what w e' re going
to do?
REDEMPTION MANUAL FOU RTH EDITION 454

Prosecutor: Mr. Elvie here has written, has signed thousands of these checks on closed
account.
Judge: Mr. Elvie, you 're willing to plead guilty, is that true?
Elvie: Yes, your honor.
Judge: Okay, with the finding of guilty then at this time if there are no objecti ons
here I'll dischar-ge th e bond.
Judge: 'Veil that' s good we won't need those bonds anymore.
E hrie: Excuse me your honor, the terms and conditions were those bonds wa s
supposed to be r eleased to me.
Judge: Oh, ok, is there anything else in this matter? (a nd upon hearing nothing said)
You are fr ee to lea ve.

STRATEGIES OF LAST RESORT
Should your knowledge and skill . as a Secured Party fail to keep you out of the courts, the
following strategies may be of assistance if you end up there. Two different approaches are
offered depending on your status prior to making an appearance.
STRATEGY ONE
The first scenario assumes that you have mastered the information in Section 4: Becoming a
Secur ed Party Creditor and Section 5: The P r ivate Ad ministrative Process. It also requires
that you are a Secured Party Creditor and that you have exhausted your administrative process. If
you have not accomplished this, you can skip this part and go directly to scenario two .
SCENARIO TWO
Scenario two only assumes that you have been arrested and are now in jail awattmg your
arraignment. The jail and the court will atternpt to lure you into a contract. In the majority of
cases, anything you sign on the public side will be a contract. Signatures will generally be
requested on your booking form, for picture and fingerprint, and at the time your personal
property is chec ked into the jail. When you are solicited for the purpose of making a statement or
providing your signature, state clearly that you do not consent to it. If you are pressured, ask the
question "Is this mandatory or voluntary". If they insist that it is mandatory, ask them to "show
you the law". If they don 't show it, tell them that "you will wait for them to bring it to you.
Failing this, if threatened, announce to them that you are signing under duress. Before you sign
your name write above the line where your signature goes "Without Prejudice". This will reserve
your rights. If the fonn is refused and they give you a new one, sign it the same way. When
signatures are requested ask the question " is my signature mandatory or voluntary".
ADDITIONAL GLOSSARY
APEARANCE BOND. Type of bail bond required to insure presence of defendant in a criminal
case. As a Secured Party Creditor you can request an appearance bond without fees and charges
from the judge or prosecutor. This is the most valuable use of your one free call and is the
recommended first order business on being booked into jail. You can ask for the bond at your
arraignment.
ASSESS. To ascertain; fix the value of. To fix the amount of the damages or the value o f the
thing to be ascertained. To impose a pecuniary payment upon persons or property. To ascertain,
adjust, and settle that respective shares to be contributed by several persons toward an object
beneficial to them all, in proporti on to the benefit received. To tax.
In connection with taxation of property, means to make a valuation and appraisal of property,
usually in connection with listing of property liable to taxation, and implies the exercise of
discretion on the part of officials charged with duty of assessing. Including the listing of
inventory of property involved, determination of extent of physical property, and placing of a

value thereon. To adjust or fix the proportion of a tax which each person, of several liable to it,
has to pay; to apportion a tax. among several; to distribute taxati on in a proportion founded on the
proportion of burden and benefit. To calculate the rate and amount of taxes. To levy a charge on
the owner of property for improvements thereto, such as for sewers or sidewalks. "Access" is
sometimes used as synonymous with "levy". See a/so ASSESSM ENT.
ASSESSMENT. In a general sense, the process of ascertaining and adjusting the shares
respectively to be contributed by several persons toward a common beneficial obj ect according
to the benefit received. A valuation or a determination as to value of property. It is often used in
connection with assess ing property taxes or levying of property taxes. Also the amount assessed.
See a/so Assess; Equalization.
BAJ ~ n. Monetary amo unt for or condition of pretrial release from custody, normally set by a
judge at the initial appearanc e. The purpose of bail is to ensure the rerum of the accus ed at
subsequent proceedings. If the accused is unable to make bail, or otherwise unable to be released
on his or her own recognizance, he or she is detained in custody. The Eighth Amendment (U.S.
Const.) provides that excessive bail shall not be required .
The surety or sureties who procure the release of a person under arrest, by becoming responsible
for his appearan ce at the time and place designated. Those persons who become sureties for the
appearance of the defendant in court.
CHEC K. A draft drawn upon a bank and payable on demand, signed by the maker or drawer,
containing an unconditional promi se to pay a sum certain in money to the order of the payee.
The Federal Reserve Board defines a check as "a draft or order upon a bank or banking house
purporting to be drawn upon a depo sit of funds for the payment at all events of a certain sum of
money to as certain person therein named or to him or his order or to bearer and payable
instantly on demand." It must contain the phrase " pay to the order 0 [."
CLAIM. To demand as one's own or as one's right; to assert; to urge; to insist. A cause of
action. Means by or through which claimant obtains possession or enjoyment of privilege or
thing. Demand for money or property as of right, e.g. insurance claim.
With respect to claims to a negotiable instrument of which a holder in due course takes free, the
term "claim" means any interest or remedy recognized in law or equity that creates in the
claimant a right to the interest or its proceeds.
Right to payment, whether or not such right is reduced to judgment, liquidated, un-liquidated,
fixed, contingent, matured, un-matured, disputed, undisputed, legal, 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, un-matured, disputed, undisputed, secured, or unsecured. Bankruptcy
Code, § 10 I.
C Ol'iCLUS ION OF LA\ V. Statement of court as to law applicable on basis of facts found by

jury, Finding by court as determined through application of rules oflaw. The final j udgment or
decree required on basis of facts found or verdict.
Propositions of law which j udge arrives at after, and as a result of. finding certain facts in case
tried without jury or an advisory jury and as to these he must state them separately in writing.
See a/so judgment.
DEBTOR IN POSSESSION. In bankruptcy, refers to debtor in a Bankruptcy Code Chapter 11

or Chapter 11 case either the debtor will remain in control of its business or assets or a tru stee
will be appointed to take control of the business or assets .
EQ UITY. Justice administered according to fairness as contrasted with the strictly formulated
rules of commo n law. It is based on a system of rul es and principles which originated in England
as an alternative to the harsh rules of common law and which were based on what was fair in a
particular situation. One sought relief under this system in courts of equity rather than in courts
of law. The term "equity" denotes the spirit and habit of fairness, justice. and right dealing which
would regulate the intercourse of men with men .
Equity is a body of j urisprudence. or field of jurisdiction, differing in its ongm, theory and
methods from the common law; though procedurally, in the federal courts and most state courts.
equitable and legal rights and remedies are administered in the same court. See Equity. courts of
A system of jurisprudence collateral to. and in some respects independent of. "law"; the obj ect
of which is to render the administration ofjustice more complete. by affording relief where the
courts of law are incompetent to give it. or to give it with effect, or by exercising certain
branches ofj urisdiction independently of them .
A stockholders ' proportionate share (ownership interest) in the corporation's capital stock and
surplus. The extent of an ownership interest in a venture. In this context, equity refers to a legal
concept but to the financial definition that an owner's equity in a business is equal to the
business's assets minus its liabilities.
Value of property or an enterprise over and above the indebtedness against it (e.g. market value
of house minus mortgage). See Real estate, below.
EQUITY, courts of. Courts which administer j ustice according to the system of equity. and
according to a peculiar course of procedure or practice. Frequently termed "courts of chan cery."
With the procedural merger of law and equity in the federal and most state courts, equity courts
have been abolished.
FlNDI:"'l'G. The result of the deliberations of a jury or a court. A decision upon a question of fact
reached as the result of a judicial examination or investigation by a court • j ury. referee. coro ner.
etc. A recital of the facts as found. The word commonly applies to the result reached by a j udge
or jury. See also Decision; judgment; Verdict.
Finding of Fact. Determination from the evidence of a case, either by court or an administrative

agency, concerning facts averred by one party and denied by another. A determination of a fact
by the court, averred by one party and denied by the other, and founded on evidence in case . A
conclusion by way of reasonable inference from the evidence. Also the answer of the jury to a
speci fic interrogatory propounded to them as to the existence or non-existence of a fact in issue .
Conclusion drawn by trial court from facts without exercise of legal judgment. Comp are
Conclusion of law.
FINDING OF FACTS, See FINDING.
JURISPRUDENCE. The philosophy of law, or the science which treat s of the principles of
positive law and legal relations.
In the proper sense of the word, "j urisprudence" is the science oflaw, namely, that science which
has for its function to ascertain the principles on which legal rules are based, so as not only to
classify those rules in their proper order, and show the relation in which they stand to one
another, but also to settle the manner in which new or doubtful cases should be brought under the
appropriate rules, Jurisprudence is more a formal than a material science. It has no direct concern
with questions of moral or political policy, for they fall under the province or ethics and
legi slati on; but, when a new or doubtful case arises to which two different rules seem, when
taken literally, to be equall y applicable, it may be, and often is, the function of j urisprudence to
consider the ultimate effect which wou ld be produced if each rule were applied to an indefinite
number of similar cases, and to choose that rule which, when so applied, will produce the
greatest advantage to the community.
LEVY, v, to assess; raise; execute; exact; tax; collect; gather. take up; seize. Thus, to levy
(assess, exact, raise, or collect) a tax; to levy (raise or set up) a nuisance; to levy (acknowledge) a
fine; to levy (inaugurate) war; to levy an execution, i.e., to levy or collect a sum of money on an
execution.
LEVY, n. A seizure. The obtaining of money by legal process through seizure and sale of
property; the raising of the money for which an execution has been issued.
The process by which a sheriff or other state offi cial empowered by writ or other judicial
directive actually seizes, or otherwise brings within her control, a judgm ent debtor's property
which is taken to secure or satisfy the j udgment.
In reference to taxat ion. the word may mean the legislative function and declaration of the
subj ect and rate or amount of taxation, or the rate of taxation rater than the physical act of
applying the rate to the property, or the formal order, by proper authority declaring property
subj ect to taxation at fixed rate at its assessed valuation, or the ministerial function of assessing,
listing and extending taxes, or the doing of whatever is necessary in order to authorize the
collector to collect the tax. When used in connection with authority to tax. denotes exerci se of
legi slative functi on, imposed and fixing amount, purpose and subject of the exaction. The
qualified electors "levy" a tax when they vote to impose it.

Equitable levy . Th e lien in equity created by the filing of a creditor's bill to subject real property
of the debtor, and of a 'lis pendens ', is sometimes so called. The right to an equitable lien is
sometimes called an "equitable levy."
L EVY COURT. A court formerly existing in the District of Columbia It was a body charged
with the administration of the mini sterial and financ ial duties of Washington county. It was
charged with the duty of laying out and repairing roads, building bridges, providing poorhouses,
laying and collecting the taxes necessary to enable it to discharge these and other duties, and to
pay the other expenses of the county. It has capacity to make contracts in reference to any of
these matters, and to raise money to meet such contracts. It has perpetual succession, and its
functi ons where tho se which. in the several states, are performed by " county commissioners."
Overseers of the poor," "county supervisors," and similar bodies with other designations.
MEMORAND UM. To be remembered; be it remembered. A formal word with which the body
ofa record in the Court of King 's Bench anciently commenced.
An inform al record, note or instrument embodying something that the parties desire to fix in
memory by the aid of written evidence, or that is to serve as the basis of a future formal contract
or deed. A brief written statement outlining the terms of an agreement or tran saction. lnfonnal
interoffice communication.
Under portion of statute of frauds providing that a contract not to be perfonncd within a year is
invalid unl ess the contract, ors some memorandum of the contract, is in writing and subscribed
by the party to be charged or his agent, the word "memorandum" impli es something less than a
compete contract, and the "m emorandum" functi ons only as evidence of the contract and need
not contain ever term. so that a letter may e sufficient "memorandum" to take a case out of the
statue of frauds.
This word is used in the statue of frauds as the designation of the wrinen agreement, or not or
evidence thereof, whih must exist in order to the bind the parties in the cases provided, The
memorandum must be such as to disclose the parties, the nature and substance of the contract,
the consideratio n and promise, and be signed by the party to be bound or his authorized agent.
See uee § 2-20 1. See also contract.
ORDER. A mandate; precept; comm and or direction authoritatively given; rule or regulation.
Direction of a court or judge made or entered in writing, and not included in a judgment, which
determines some point or directs some step in the proceedings. An app licati on for an order is a
motion .
In commercial law, a designation of the person to whom a bill of exchange or negotiable

promissory note is to be paid. An "order" is a direction to pay and must be more than an
authorization or request. lt must identify the person to pay with reasonable certainty. It may be
addressed to one or more such persons jointly or in the alternative but not in successio n. u.c.e
§ 3·102(1 ){b). With respect to documents of title, is a direction to deliver goods to a
specified person or to his or her order.

REORGAl'iIZATION. Act or process of organizing again or anew.
VO UCH ER. A receipt. aquittance, or release. which may serve as evidence of payment or
discharge of A debt, or to certify th e correctn ess of accounts. An account-book containing the
acquittances or receipts showin g th e accountant's discharge of a debt, or to certify the
correctn ess of accounts . An account-book containing the acquittances or receipts showing the
accountant' s discharge of his obligations . When used in connection with disbursement of money,
is a written or printed instrument in the nature of an account, receipt, or acquittance. that shows
on its face the fact. authority. and purpose of disbursement.

The Official State Office
Known as "person"
This is the single most important lesson that you MUST learn. If you spend an hour to learn this
material you will be rewarded for the rest of your life.
If you should discuss Hale v. Henkel with a run-of-the-mill attorney. he or she will tell you that
the case is ' old ' and that it has been 'overturned.' If you ask that attorney for a citation of the
case that overturned Hale v. Henkel, there will not be a meaningful response or a case produced.
Hale v. Henkel was researched and what was found was this; "We know that Hale v , Henkel
was decided in 1905 in the U.S. Supreme Court."
Since it was the Supreme Court who made the ruling, the case is binding on all courts of the
land, until another Supreme Court case decision says it isn't. Has another Supreme court case
overturned Hale v. Henkel? The answer is NO! As a matter of fact, since 1905, the Supreme
Court has cited Hale v. Henkel a total of 144 times.
A fact more astounding is that since 1905, Hale v . Henkel has been cited by all of the federal and
state appellate court systems a total of over 1600 times. None of the various issues of this case
has ever been overturned.
So if the State through the office of j udge continues to threaten to imprison or does imprison you,
he/they are trying to or has forced you into the ' State created Office of 'person ' while not being a
party to their ' social compact.' As long as you continue to claim your Rightful Office of
'sovereign, the State lacks all j urisdiction over you. The State needs someone filing the office of
' person' in order to continue prosecuting a case in their private courts. [ Note; most all court
cases are void!]
The threat ofjail or a hefty fine or a few weeks in jail puts intense pressure upon most 'persons' .
Jail means the loss of work, respect, humiliation in the community, separatio n from home and
loved ones, piling up of debts, possible fines, etc. Judges will aid in applying this pressure when
they attempt to arraign you.
When brought into a crowded courtroom in chains, the issue of counsel will quickly come up and
you can tell the judge that; "Are yo u addressing the debtor or the secured party. because I'm the
'secured party - third party intervenor' in this matter over title to the property and that the name
on the charging instrument is not me, I 'm herefor settlement and adjustment ojthe account! "
Most things about your life are private and not the State's business to evaluate. Ifpresentcd with
papers to sign, do not sign them! At any time papers are presented to you to sign, ask the
question; "Is my signature on this document mandatory or voluntary?" " If it is mandatory, please
provide the law that says that I must sign!" "If it' s voluntary, then I do not wish to voluntary
sign!" The import of this is that no one can force you to sign a contract or agreement. . .
including the State via their agents/offi cers/employees.

In respect to privacy; every man or woman has the right to be let alone and be free from
government intrusion into thei r private life. Anything in the public, i.e., public record is just
that. . . its public and all have a right to see it. [See federal co nstitution: Ninth Amendment]
If the j udg e is stu pid enough to actually follow through with his threats and send you to j ail, both
the prosecutor and the judg e will have mi s-applied the statute. You will be released and then you
will have to move forward with a Tort for their mis-application of their statute(s) because you
are not a party to th eir 'social co mpact (constitution) and not a signatory to their co nstitutio n!
The Supreme Com in the case ofWHIs VS. ~ lichigan State Police, 105 1.. Ed 2d 45 (1989) made it perfectly
clear that the Sovereign cannot be named in any >!,Me as merely a "person" or "any person" The private
man or woman is a member ofsaid "sovereignty, itselfremains with the People, by whom and for whom all
government exists am acts."
Now that yoo know the hidden evil in the won! 'person,' try to stop using that word in everyday conversation,
Simply use the UJl l tU tam; man, woman or private man, private woman, ere. Train yourself your family and
.yourfriends to rot use the derogatory word 'person'
The wo rd "person" in legal terminology is perceived as a general word which normally incl udes
in its scope a variety of entities other than human beings. See e.g. 1 U.S.C. sec I. Church of
Scientology v. U.S. Dept. of Justice (1979) 6 12 F.2d 417, 425.
One o f the very first o f your state statutes will have a sectio n listed entitled "Definitions."
Carefully study thi s section of the statutes and you will find a portion that reads sim ilar to thi s
excerpt:
In construing these statutes and each and every word, phrase, or part hereof, wh ere the co ntext
will permit:
(1) The singular includes the plural and vice versa .

(2) Gender-specific language incl udes the other gender and neuter.
(3) The word "person" includes individuals, children, firm s, associations, joint adventures,
partnerships, estates, trusts, business trusts, syndicates, fid uciaries, corporations, and all other
groups or combinations.
NOTE HOWEVER, THE DEF INITIONS STATUTE DOES NOT LIST MAN OR WOMAN --
THEREFORE THEY ARE EXC LUDED FROM ALL THE STATUT ES!!!
Under the rule of construction "expressio unius est exclusio alterius," where a statute or
Constitution enumerates the things on which it is to operate or forbids certain things, it IS
ordinarily to be construed as excluding from its operation all those not expressly mentioned.
Generally words in a statute sho uld be given their plain and ordinary meaning. When a statute
does not speci fical ly d efine words , such words should be construed in their common or ordinary
sense to the effect that the rules used in construin g statutes are also applicable in the construction

of the Constitution. It is a fundamental rule of statutory construction that words of common
usage when used in a statute should be construed in their plain and ordinary sens e.
If you carefully read the statute laws enacted by your state legislature you will also notice that
they are all written with phrases similar to these five exampl es
1. ~ commits the offense of failure to carry a license if the person. •

2. A person commits the offense of failure to register a vehicle if the person
3. A person commits the offense of driving uninsured if the pers on . •
4. A person commits the offense of fishing if the person .
5. A person commits the offense of breathing if the person •
Notice that only "persons" can commit these state legi slature created crimes. A crime is by
definition an offense committee against the "state." If you commit an offense against a human, it
is called a tort. Examples of torts would be any personal injury, slander, or defamation of
character.
So how does someone become a "perso n" and subject to regulation by state statutes and laws ?
There is only one way. You must ask the state for permission to volunteer to become a state
person. You must volunteer because the U.S. Con stitution forbids the state from compelling you
into slavery. This is found in the 13th and 14th Amendments.
13th Amendment - Section I . Neither slavery nor involuntary servitude, except as a punishment
for crime. whereof the party shall have been duly convicted, shall exist within the United States.
or any place subject to their jurisdiction.
14th Amendment - Section I . All persons born or naturalized in the United States, and subj ect to
the j urisdiction thereof. are citizens of the United States and of the State wherein they reside. No
State shall make or enforce any law which shall abridge the privileges or immunities of citizens
of the United States; nor shall any State deprive an y person of life, liberty. or property. without
due process of law, nor deny any person within its j urisdiction the equal protection of the laws.
You become a state created statutory "person" by taking up residency within the state and
stepping into the office of "person." You must hold an "office" within the state government in
order for that state government to regul ate and control you. First comes the legislatively created
office. person. then comes their control. If you do not have an office in state government, the
legislature's control over you would also be prohibited by the Declaration of Rights section.
usually found to be either Section I or II, of the State Constitution as it operates upon the agent of
govenunent.
The most common office held in a state is therefore the office known as "person." Your state
legislature created this office as a way to control people. It is an office most people occupy
without even knowing that they are doing so.
The legislature cannot lawfully control you because you are a flesh and blood human being. God
alone created you and by Right of Creation, He alone can control you. It is the nature of Law,
REDEMPTION MAN UA L FOURTH EDITION 464

that what One creates, One controls. Thi s natural Law is the force that binds a creature to its
creator. God created us and we are, therefore, subject to His Laws, whether or not we
acknowledge Him as our Creator.
The way the state gets around God's Law and thereby controls the People is by creating only an
office and not a real man . This office is titled as "person" and then the legislature claims that you
are filling that office.
Legislators erroneously now think that they can make laws that also control men. They create
entire bodies of laws - motor vehicle code, building code, compulsory education laws, and so on,
ad nauseum. They still cannot control men or women, but they can now control the office they
created. And look who is sitting in that office - YOU.
Then they create government departments to administer regulations to these office ' s. Within
these administrative departments of state government are hundreds of other state created offices.
There is everything from the office of j anitor to the office of governor. But these administrative
departments cannot function properly unless they have subjects to regulate.
The legislature obtains these subjects by creating an office that nobody even realizes to be an
official state office. They have created the offi ce of "person."
The state creates many other offices such as police officer, prosecutor, judge etc. and everyone
understands this concept. However, what most people fail to recognize and understand is the
most common state office of all, the office of "person." Anyone filling one of these state offices
is subj ect to regulation by their creator, the state legislature. Through the state created office of
"person," the state gains its authority to regulate, control and judge you, the real human. What
they have done is apply the natural law principle, "what one creates, one controls."
A look in Webster's dict ionary reveals the origin of the word "person." It literally means "the
mask an actor wears."
The legislature creates the office of "person" whi ch is a mask. They cannot create real peopl e,
only God can do that. But they can create the "o ffice" of "person," which is merely a mask, and
then they persuade a flesh and blood man to put on that mask by offering a fictitious privilege,
such as a driver license. Now the legislature has gained com plete control over both the mask and
the actor behind the mask.
A resident is ano ther state office holder.

All state residents hold an office in the state government.
But not everyone who is a resident also holds the office of "person ."
Some residen ts hold the office ofjudge and they are not persons.
Some residents hold the office of pro secutors and they are not persons.
Some residents hold the office of police office(rs) and they are not persons.
Some residents hold the office oflegislators and they are not persons.

Some residents are administrators and bureaucrats and they also are not persons.
Some residents are attorneys and they also are not persons.
An attorney is a state officer of the court and is firmly part of the j udicial branch. The atto rneys
will all tell you that they are "licensed" to practice law by the state Supreme Court. Therefore. it
is un-lawful for any attorney to hold any position or office outside of the judicial branch. There
can be no attorney legislators - no attorney mayors - no attorneys as police - no attorneys as
governor. Yes. I know it happens all the time. however. this practice of multiple office holding
by attorneys is prohibited by the constitution and is a felony in most states .
If you read farther into your state constitution you will find a clause stating this. the Separation
of Powers. which will essentially read as foll ows:
Branches of government -- The powers of the state govenunent shall be divided into legislative.
executive and judicial branches. No person belonging to one branch shall exercise any powers
appertaining to either of the other branches unless expressly provided herein.
Therefore, a police officer cannot arrest a pro secutor. a pro secutor cannot prosecute a sitting
judge. a judge cannot order the legislature to perform and so on.
Because these "offices" are not persons, the state will not, and cannot prosecute them. therefore
they enjoy .almost complete protection by the state in the performance of their daily duti es. This
is why it is impossible to sue or file charges against most government employees. If their crimes
could rise to the level where they "shock the co mmunity" and cause alarm in the people, then
they will be terminated from state employment and lose their absolute protection. If you
care fully pay attention to the news, you will noti ce that these governm ent employees are always
terminated from their office or state emp loyment and then are they arrested, now as a common
person, and charged for their crimes. Simp ly put. the state will not eat its own.
The reason all state residents hold an office is so the state can control everything. It wants to
create every single office so that all areas of your life are under the complete control of the state.
Each office has prescribed duti es and responsibilities and all these offices are regulated and
governed by the state. If you read the fine print when you apply for a state license or privilege
you will see that you must sign a dec laration that you are in fact a "resident" of that state.
"Person" is a subset of resident. Judge is a subset of resident. Legislator and police officer are
subsets of resident. If you hold any office in the state. you are a resident and subj ect to all
legislative decrees in the forrn o f statutes.
They win always say that we are free men. But they will never tell you that the legislatively
created offices that you are occupying are not free . They wilI say, "All men are free," because
that is a true statement. What they do not say is, that holding any state office binds free men into
slavery for the state. They are ever ready to trick you into accepting the state office of "person."
and once you are filling that office. you ceas e to be free men. You become regulated creatures,
called persons. totally created by the legis lature. You will hear "free men" mentioned all the
time, but you \\-; 11 never hear about "free persons."

If you build your life in an office created by the legislature, it will be built on shifting sands. The
office can be changed and manipulated at any time to conform to the whims of the legislature.
When you hold the office of "person" created by the legislature, your office isn't fi xed. Your
duties and responsibilities are ever changing. Each legislative sess ion binds a "person" to ever
more burdens and requirements in the fonn of more rules, laws and statutes.
Most state constitutions have a section that declares the fund amental power of the People:
Political power -- All political power is inherent in the People. The enunci ation herein of certain
Rights shall not be construed to deny or impair others retained by the People.
Notice that this says "people" it does not say persons. This statement declares beyond any doubt
that the People are Sovereign over their created government. This is natural law and the natural
flow of delegated power.
A Sovereign is a prtvate, non-resident, non-domestic, non-person, non-Individual, NOT

S UBJECf to an)" rea l o r im agin a ry sta tuto ry r egulations o r qu asi laws enacte d by an)'
. state legislature 'w hich was created by the People.
When you are pulled over by the police, roll down your window and say, "You are speaking to a
Sovereign political power holder, I do not consent to you detaining me. Why are you detaining
me against my will?"
Now the state offi ce of policeman knows that "IT" is talking to a flesh and blood Sovereign. The
police officer cannot cite a Sovereign because the state legislature can only regulate what they
create. And the state does not create Sovereign political power holders. It is very important to lay
the proper foundati on, Right from the beginning. Let the police officer know that you are a
Sovereign. Remai n in your proper office of Sovereign political power holder. Do not leave it. Do
not be persuaded by police pressure or tricks to put on the mask of a state "person."
Why aren't Sovereigns subj ect to the state's charges? Because o f the concept of office. The state
is attempting to prosecute only a parti cular office known as "person. " If you are not in that state
created office of "person," the state statutes simply do not apply to you. This is common sense,
for example, if you are not in the state of Texas, then Texas laws do not apply to you. For the
state to control someone, they have to fi rst create the office. Then they must coerce a warm-
blooded creature to come fill that office. They want you to fill that office.
Here is the often expressed understanding from the United States Supreme Court, that "in
common usage , the term "person" does not include the Sovereign, statutes employing the word
perso n are ordinarily construed to exclud e the Sovereign." Wilson v. Omaha Tribe, 442 U,S.
653,667 (1979) (quoting United States v. Cooper Com" 3 12 U.S. 600, 604 (1941)). See also
United States v. Mine Workers, 330 U.S. 258,275 ( 1947).
The idea that the word "person" ordinarily excludes the Sovereign can also be traced to the
"familiar principle that the King is not bound by any act of Parliament unless he be named
therein by special and particular words."
REDE MPTION MANUAL FOURTH EDITIO N 467

Dollar Savings Bank v. United States, 19 Wall. 227, 239 (1874). As this passage suggests,
however, this interpretive principle applies only to "the enacting Sovereign." United States v.
Califomii!, 297 U.S. 175, 186 (1936).
See also Jefferson County Phannaceutical Assn.. Inc. v. Abbott Laboratories, 460 U.S. 150, 161.
n. 2 1 (1983). Furthermore, as explained in United States v. Herron, 20 Wall . 251, 255 (1 874),
even the principle as applied to the enacting Sovereign is not without limitations: "Where an act
of Parliament is made for the public good, as for the advancement of religion and j ustice or to
prevent injury and wrong, the king is bound by such act, though not particularly named therein;
but where a statute is general, and thereby any prerogative, Right, title, or interest is divested or
taken from the king, in such case the king is not bound, unles s the statute is made to extend to
him by express words." U.S. Supreme Court Justice Holmes explained:
"A Sovereign is exempt from suit, not because of any form al conception or ob solete theory, but
on the logical and practical ground that there can be no legal Right as against the authori ty that
makes the law on which the Right depends." Kawananakoa v. Polyblank, 205 U.S. 349, 353 , 27
S. Ct. 526, 527, 51 L. Ed. 834 (1907).
The majority of American states fully embrace the Sovereign immunity theory as well as the
federal government. See Restatement (Second) of Torts 8958, comment at 400 ( 1979).
The following U.S. Supreme Court case makes clear all these principals:
" I shall have occasion incidentally to evince, how true it is, that states and governments were
made for man; and at the sam e time how true it is, that his creatures and servants have first
deceived, next vilified, and at last oppressed their master and maker."
..... A state, useful and valuable as the contrivance is, is the inferior contrivance of man; and
from his native dignity derives all its acquired importance.....'
"Let a [political ] State be considered as subordinate to the people: But let everything else be
subordinate to the state. The latter part of this positi on is equally necessary with the former. For
in the practice, and even at length, in the science of politics there has very frequently been a
stro ng current gainst the natural order of things, and an inconsiderate or an interested disposition
to sacri fice the end to the means. As the state has claimed precedence of the people; so, in the
same inverted course of things, the government has often claimed precedence of the state; and to
this perversion in the second degree, many of the vo lumes of confusion concerning Sovereignty
owe their existence. The ministers, dignified very properly by the appellation of the magistrates,
have wished and have succeeded in their wish, to be considered as the Soverei gns of the state.
This seco nd degree of perversion is confined to the old world, and begins to diminish even there
but the first degree is still too prevalent even in the several states, of whi ch our union is
composed. By a state I mean, a complete body of free person s united together for their common
benefit, to enj oy peaceably what is their own, and to do j ustice to others . It is an artifi cial person.
It has its affairs and its interests: It has its rules: It has its Righ ts: and it has its obligations . It may
acquire property distinct from th at of its members. It m ay incur debts to be discharged out of the

public stock, not out of the private fortunes of individuals. It may be bound by contracts; and for
damages arising from the breach of those contracts. In all our contemplations, however,
concerning this feigned and artificial person, we should never forget, that, in truth and nature,
those who think and speak and act, are men. Is the foregoing description of a state a true
description? It will not be questioned, but it is. ..."
..It will be sufficient to observe briefly, that the Sovereignties in Europe, and particularly in
England, exist on feudal principles. That system considers the prince as the Sovereign. and the
people as his subjects; it regards his person as the object of allegiance, and exclud es the idea of
his being on an equal footing with a subj ect, either in a court of justice or elsewhere. That system
contemplates him as being the fountain of honor and authority; and from his grace and grant
derives all franchi se, immunities and privileges; it is easy to perceive that such a Sovereign could
not be amenable to a court ofjustice, or subjected to judicial control and actual constraint. It was
of necessity, therefore, that suability became incompatible with such Sovereignty. Besides, the
prince havi ng all the executive powers, the j udgment of the courts would, in fact, be only
monitory, not mandatory to him, and a capacity to be advised, is a distinct thing from a cap acity
to be sued. The same feudal ideas run through all their jurisprudence, and constantly remind us
of the distinction between the prince and the subject."
"No such ideas obtain here (speaking of America): at the revolution, the Sovereignty devolved
on the people; and they are truly the Sovereigns of the country, but they are Sovereigns without
subjects (unless the African slaves among us may be so called) and have none to govern but
themselves; the citizens of America are equal as fellow citizens, and as joint tenants in the
Sovereignty. Chisholm v. Georgia (February Term, 1793) 2 U.S. 419, 2 Dall. 419, 1 L.Ed 440."
There are many ways you can give up your Sovereign power and accept the role of "person."
One is by receiving state benefits. Another is by asking permission in the form of a license or
permit from the state.
One of the subtlest ways of accepting the role of "person," is to answer the questions of
bureaucrats. When a state bureaucrat knocks on your door and wants to know why your children
aren't registered in school, or a potice officer pulls you over and starts asking questions, you
immediately fill the office of"perso n" if you start answering their questions.
It is for this reason that you should ignore or refuse to "answer" their questions and instead act
lik e a true Sovereign, a King or Queen, and ask only your own questions of them.
You are not a "person" subject to their laws. If they persist and haul you into their court
unlawfully, your response to the judge is simple and direct., you the Sovereign, must tell him:
" I have no need to answer you in this matter. It is none of your business whether I understand my
Rights or whether I understand your fictitious charges. It is none of your business whether I want
counsel."
The reason it is none of your business is because I am not a person regulated by the state. I do
not hold any position or office where I am subject to the legislature. The state legislature does

not dictate what I do.
I am a free Sovereign "Man"(or wo man} and I am a political power holder as lawfully decreed in
the State Constitu tion at article I (o r II) and that co nstitution is con trolling over you.
You must NEV ER retain or hire an attorney, a state officer of the court, to speak or file written
documents for you. Us e an attorney (if yo u m ust) only for counsel and advice about their "legal"
system. If yo u retain an attorney to represent yo u and speak in your place, you become "NON
COMPOS MENTIS ", not mentatly co mpetent, and yo u are then considered a ward of the court.
You LOSE all yo ur Rights, and you will not be permitted to do anything herein.
The j udge knows that as long as he remains in his office, he is backed by the awesome power of
th e state, its lawyers, police and pri sons. The judge will try to force you to abandon your
Soverei gn sanctuary by threatening you with jail. No matter what happens , if you remain faithful
to your Sovereignty, The j udge and the state may not lawfully move against you.
The state did not create the office of Sovereign political power holder. Therefore, they do not
regulate and control those in the o ffice of Sovereign. They cannot ascribe penalties for breach of
that particular o ffice. The reason they have no authority over the office of the Sovereign is
because they did not create it and the So vereign people did not delegate to them any such power.
When challenged. simply remind them that they do not regulate any office of the Sovereign and
that their statutes only apply to those state employees in legislative created offices. This
Sovereign individual paradigm is explained by the following U.S. Supreme Court case HALE V
III NKEL :
"The individ ua l may sta nd upon his con stitutional Ri ghts a s a citizen. He is entitled to
ca r l')' on his private bu siness in his own way. His power to cont r act is unlimited. H e owes
no such duty [to submit his books and papers for an examination] to th e Sta te, sin ce he
receives nothing therefrom, beyond the protection of hi s life and property. His Rights are
suc h as existe d by the law of the land [C ommon La wl loug antecedent to th e or ga nization
of the Sta te, and can o nly be taken from him by due process of law, a nd in accordan ce with
the Constitutio n. Among his Ri ghts are a refu sal to in criminate himself, and the Immuni ty
of himself and his property from arrest or se izu re exc ept und er a warrant of the law. H e
owes nothing to the public so long as he does not trespass upon th eir Rights." Ha le v.
Henkel, 20 1 U.S. 43 at 47 (1905).
Let us analyze this case. It says, "The individual may stand upon his constitutio nal Rights." It
does not say. "the sovereign." There is a principle here is : "Your not signatory to the Constitutio n
and not a party to the social compact."
However, the sovereign . .. "is entitled to carry on his private business in his own way." It says
"private business" - yo u have a Right to operate a private bus iness. Th en it says "in his own
way." It doesn't say "in the govenunent's way."
Then it says, "His power to contract is unlimited." As a Sovereign ind ividual, your power to

contract is unlimited. In cornmon law there are certain criteri a that determine the validity of
contracts . They arc not important here, except that any contract that would harm others or violate
their Rights would be invalid. For example, a "contract" to kill someone is not a valid contract.
Apart from this obvious qualification, your power to contract is unlimited.
Next it says, "He owes no such duty [to submit his books and papers for an examination] to the
State, since he receives nothing therefrom, beyond the protection of his life and property. " The
court case contrasted the duty of the corporation (an entity created by government permission -
feudal paradigm) to the duty of the Sovereign <man' . The Sovereign 'man' doesn't need and
didn't receive permission from the government, hence has no duty to the government.
Then it says, "His Rights are such as existed by the law of the land [Cornmon Law] long
antecedent to the organization of the State." This is very important. The Supreme Court
recognized that humans have inherent Rights. The U.S. Constitution (including the Bill of
Rights) does not grant Rights. We have fundamental Rights, irrespective of what the Constitution
says. The Constitution acknowledges some rights and via the Bill of rights, but only as they
operate upon the agents of government by their oath of office not to violate them in respect to the
people. And Amendment IX states, "The enumeration in the Constitution, of certain Rights,
shall not be construed to deny or disparage others retained by the people." The important point is
that our Rights antecede (come before, are senior to) the organization of the state.
Next the Supreme Court says, "And [his Rights] can only be taken from him by due process of
law, and in accordance with the Constitution." Does it say the govcmrnent can take away your
Rights? No! Your Rights can only be taken away "by due process oflaw, and in accordance with
the Constitution." "Due process of law" involves procedures and safeguards such as trial by j ury.
"Trial by jury" means, inter alia, the j ury j udges both law and fact.
Then the case says, "Among his Rights are a refusal to incriminate himself, and the imm unity of
himself and his property from arrest or seizure except under a warrant of the law." These are
some of the supposed Rights of a Sovereign man. Sovereign men need not report anyth ing about
them selves or their busin esses to anyone.
Finally. the Supreme Court says, "He owes nothing to the public so long as he does not trespass
upon their Rights." Therefore, does the Sovereign man owe taxes ?
If you should discuss Hale v. Henkel with a run-of-the-mill attorney, he or she will tell you that
the case is "old" and that it has been "overturned." If you ask that attorney for a citation of the
case or cases that overturned Hale v. Henkel, there will not be a meaningful response. The
OUTLAWS have researched Hale v. Henkel and here is what we found:
As stated above, we know that Hale v, Henkel was decided in 1905 in the U.S. Supreme Court.
Since it was the Supreme Court. the case is binding on ancourts of the land. until another
Supreme Court case says it isn't. Has another Supreme Court case overturned Hale v. Henkel?
The answer is NO. None of the various issues of this case has ever been overruled.
So if the state through the office of the judge continues to threaten or does imprison you, they are

trying to force you into the state created office of "person." As long as you continue to claim
your Righ tful office of Sovereign, the state lacks all jurisdiction over you. The state needs
someone fi lling the office of "perso n" in order to continue prosecuting a case in their courts.
** * * * * ** * ** ** * *** * * * ** ** * * * ******* **** ** * * * ******* *** * * ** * * * * * ****
PERSON
"The word "person" is a very general word and can be limited by the statutory rule of
construction "noscitur a sociis." The rule of noscitur a sociis teaches that the meaning of a word
in a statute may be determi ned by reference to its association with other words or phrases . 2A C.
Sands, Sutherland's Statutes and StaMorv Constru ction SS 47.16 (4th ed. 1973); cf Lenhoffv,
Birch Bay Real Estate, Inc., 22 Wn. A ~ p . 70, 79,587 P.2d 1087 ( 1978t In light of the context,
the word "person" should be interpreted to mean "corporation or company" (See 73 c.J .S.
fIQperty sec. 10. 63A Am Jur 2d Property sec. 2)... The meaning of doubtful words may be
detennincd by reference to their relationship with other associated words; Shu rgard v. State, 40
W ash, A~p . 72 1. 700 P2d 11 76 (1985), City of Mercer Island v. Kaltenbach, (Wash, 196 2), 371
P2d 1009; 2A N. Singer, Statutory Co nstruction SS 47.1 6 (4th ed. 1984) , To properly construe
the term "person", we must look to statutes in pari materi a, Kucher v. Pierce County, 24 Wash .
A!1p. 281. 600 P2d 683 (1979);
The word "person" in legal tenninol ogy is perceived as a general word which normally includes
in its scope a variety of entities other than human beings. See e.g. I U.S.C. ss 1. Church of
Scientology v U.S, Dept, of Justice, 6 12 F 2d 417, 425 (1979),
The "ejusdem generis" rule requires that general tenns appearing in a statute in connection with
speci fic tenns are to be given meaning and effect to the ex tent that the general terms suggest
items similar to those designated by the specific terms. In short specific tenns modify or restrict
the application of general terms where both are used in sequence. King County Water Dist. 68 v.
Tax Comm'n, 58 Wn.2d 282 244 (195 1). Under the rule of ejusdem generi s, s ~eci fi c words
modi fy and restrict interpretation of general words. Dean v, McFarland, 8 1 Wash. 2d 2 15, 22 1;
500 P2d 1244 (1 972). The meaning of the general words, "includes every natural person, finn,
co-partnership, corporation, association, or organization ." are restri cted by the specifi c word
" ~orati on" . "corporation" is defined in Black's Law Dictionary, 4th Edition, Page 409, as:
CO RPORATION. An artifi cial person or legal entity created by or under the authority of the
laws of a state or nation......
Sec also BLACKS 6th which defines Corporation as:
"Corpo ration. An Artifi cial person or legal entity created by or under the authority of a state.
An association of persons created by statute as a legal entity. The law treats the corporation itself
as a person which can sue and be sued. .....
The Washington State Sessions Laws of 1937, Chapter 227. (S.B. 2561, Page 11 41. section 5
.oll defines "person" or word "company" as being the same, it reads as follows:
"(b) The word "person" or word "company," herein used interchangeablv, means any individual,
receiver, ass ignee, trustee in bankruptcy. trust, estate, finn, co-partnership. j oint venture, club.
company, j oint stock company. business trust, municipal corporation, corporation, corporation,

association, society, or any group of individuals acting as a unit, whether mutual, cooperative,
fraternal, non-profi t or otherwise."
In anticipation that the state will argue that there has been a change in the language of the statute
under which this charge is brought, it is submitted that the change is inapplicable. and ineffective
to change the result required. as the previously existing laws control pursuant to the controlling
Rules & Statutes. Article XXVII Section 1 of the Washington State Constitution states in part
"...that all previous rights, actions. suits, proceedings. contracts or claims...sball continue as if no
change had taken place." The federal Constitution also has a similar provisions at I Stat 122 and
2 Stat 298; and bring forward and certify and exemplify the law in pursuance to u .S.
Co nstitution - Article 4 section 1 (1787 (1 791)), and the R.C.W.'s (Revised Code Washin gton)
contain a similar provision at R.C.W. 1.04.02 1. In construing the codes in title 46, then, the
codes themselves are merely prima facie evidence of the law as recognized in "R.C.W. 1.04.02 1.
Ru les of construction-Prima facie law (1 950); Th e contents of said code shall establish prima
facie the laws of this state of a general and permanent nature in effect on January 1, 194 9. but
nothing herein shall be construed as changing the meaning of any such laws. In case of any
omissions. or any inconsistency between any of the provisions of said code and the laws existing
immediately . preceding this enactment, THE PREVIOUSLY EXISTING LAWS SHALL
CONTROL. [1950 ex.s. c 16 section 2]".
"Those statutes stand unrepealed. unabridged and unaltered and should be held to declare the law
of this state." State v. Williams, 85 Wn.2d 29, 530 P.2d 225 (Jan. 19751, "The court has no
authority to abrogate by rule a right guaranteed by the constitution." State v. Pavelich. 150 Wash.
411. 273 P. 182 (I 9281.."Our State Supreme Court's decision on an issue of state law is binding
on all lower courts until it is overruled by that court." State v. Gore. 101 Wn.2d 481-487. 68 1
P.2d 227, 39 A.L.R. 4th 975 (I 984). See CrRU l.I -DECISIONAL LAWS, & A.R.LJ. No.9 ill
Statutes not Superseded. Nothing in this rule shall be construed to supersede existing statutes or
subsequent amendments thereto. See also A.R .L.J. No.7 !!!
R.C.W. 1.04.021 and R.C.W. 46.98.020 require that the earlier statutes control.
** *** ******************** *** * ******* ** **** ***************** ** ** * **

POLICE ENCOUNTERS
and the TRAFFIC STOP
Anyone who has suffered the indignities and humiliation of a run-in with the law knows all to
well the potential dangers involving an encounter with "l aw enforcement officials". Fines,
confiscation of property. incarceration, loss of drivin g ' privileges", injury, and even death are all
potenti al scenarios. It is a predatory system fueled by huge profits for municipal corporations,
counties, judges, attorneys, crooked cops, and the prison industry.
The sixty-four thou sand dollar question is how does one stay in control of a situation that is
potentially threatening both physically and financi ally when your out manned, out gunned, and
ill informed? Like most qu estions, the answer lies in understanding the nature of the game and
how to influence the outcome to your advantage. If you understand the prime obj ective and the
techniques employed in its achievement, you are more likely to influence a situation to yo ur
advantage.
It' s only commerce. The first thing to understand about law enforcement o fficials, as
agents/employees o f the State corporation, is that their official mission is to raise money on
behalf of their employer', more often than not sharing in the take. According to Bou vier' s law
Dictionary, booty, a spoil of war, is the capture of personal property by a public enemy on land,
in contradistinction to prize, which is a capture of such property by such an enemy, on the sea.
The right to booty belongs to the ' State'; but sometimes the right of the 'State', or of the public,
is transferred to the agents/employees/soldiers, to encourage them .. .
All law enforcement today, including the National Park police, and Sheri ffs, roll up to Interpol,
which is a military organization. The police are a private army and have been at war with you
since President Roosevelt, under color of Jaw, altered the Trading With the Enemy Act,
effectively declaring all Sovereign Americans to be enemies of the state.
On October 6, 1917, the UNITED STATES passed a corporate policy called the Trading with the
Enemy Act . In Section 2, sub-section (c) of the Act it defines the enemy as "other than citizens
of the UNITED STATES", i.e., any individual not born in the District of Columbia, a territory,
or possession of the UNITED STATES-the Sovereign people of America. Sovereigns are
"foreign" to the UNITED STATES. Then on March 3, 1933, the Trading with the Enemy Act
was again amended for the purpose of confiscating all private gold holdings. While the
amendment only targeted "citizens of the UN ITED STATES", the Executive Order calling in the
gold was circul ated throughout the 50 states of the Republic, implying that those "foreign" to the
UN IT ED STATES were also obligated to comply with the order. The trick worked. A dollar of
gold was exchanged for a dollar of debt The debt was owed to the Federal Reserve Bank on
which they charge interest in the fonn of the Income Tax.
UNDE RSTA.'JD; If you are a debtor/slave on the Plantation, you do not o~'T1 the car/vehicle you
drive. You do not hold a lawful title to it. You are under contract to the State via the Department
of Motor Vehicles or whatever the agency is known by via the drivers license you hold as
REDEMPTION MANUAL FOURTH EDITIO N 474

'indicia' (evidence) of the contract.
By having the driver license, you admit that you are using the car/v ehicle in a comm ercial
capacity/use to haul people, property or freight for hire, in a vehicle owned by the State. Th e
State compels you to have the license, registration and insurance because it's their car/vehicle!
And you are SUBJECT to the Motor Vehicle (commercial) Code and have agreed. to help the
State raise 'revenue ' through fees and tickets, tickets and more tickets! So, if you are stopped for
some traffic matter and are licensed . .. you are in essence. . . TOAST!
When you walked. into the DMV to register ' your' car, through the 'registration' process, you
SURRENDERED the 'ownership' of the car/vehicle to the State. Oh, the Car Dealership had a
lot to do with it as well, due to the fact that the dealership is registered agent of the 'State' and it
is under orders to ' tum over' ownership and title of the car to the State. Do you remember
signing that Power of Attorney? Didn't read it uh!
As Secured Party Creditor (SPC). having <registered ' your property, the car, boat, motorcycle,
etc., on a UCC-3, you have effectively established a <superior security interest' in the property,
over and above the State. You have in essence, placed a <cloud ' over the property, saying "I have
a superior interest in this property and it is filed first-in-line-first-in-time". .. unless anyone by
prior notice via VCC filing. has a superior filing before yours! Your vee filing beco mes
evidence of your Title to the property, and as referenced in your security agreement.
HO\VEVER; in relation to your new found status (SPC) and your security interest and 'cloud '
over the property. .. hopefully you win accept the fact that you are still ALL ALONE, no support
base, and no protection in dealing with the 'State' and its officers and agents! That' s why it is so
important for you understand the necessity of The Sovereign Earth Alliance as a ' separate'
j urisdiction in which to place ALL your ' private' property (home, land, car, boat, airplane, etc.)
which remains your private property, but not under control of the State and not found within the
' State!'
THEREFORE; In the remaining portion of this article, we will not address any 'encounters'
Debtor/slaves on the Plantation may as they are ' subject property' and ' subject' to the State
DMV Code. Rather, we will suggest the basic steps that you might consider with an ' encounter '
with the agent/officers on the highway.
At the highway 'STOP", keep in mind the primary purpose is commerce, some supposed
vio lation of the code via the 'citation,' equals revenue to the State.
Before discussing the mechanics and techniques of the police encounter it is very important for
you to understand that the police and court system today is extremely corrupt and operates in
many cases without authority, due process, or even the pretense of legality. If you have any
illusions that you are living under a constitutional system where your so-called civil rights are
protected under the common law, you are seriously misinformed . There is a highly probability
that you will be treat ed with con tempt, and it is impossible to expect any kind of uniform
results using ANY technique. There are simply too many variables. If someone has experienced
success with a particular approach and they were to repeat exactly what they did be fore (an

imp robabi lity) , under a different set of extemaI circumstances, their results could vary.
Police are typically sociopaths . Thi s is a profile that lends itself to corruption and the stresses and
rigor of police work. Police lie, cheat. steal, and plant evidence. They are experts at taking any
infonnation they are provided and turning it into reasonable suspicion or probable cause. They
are practiced at intimidation and consider any gesture other than complete cooperatio n. a
challenge to their auth ority. There are the 'Traffic agents' out on the highways and all they know
is their j ob. They have no 'correct' knowledge as applied to the non-applicability of the Motor
Vehicle Code to private people - private cars/vehicles! (See MYTHOLOGICAL MOTOR
VEHICLES at the eod of this article!)
Sure .. . the first objective of the Officer in dealing with you is to f orm a contract, such as " may I
see your driver' s licen se and registration?" or "will you please roll down you window a little
further!" Your immediate compliance is deemed contractual!
While its just busin ess. anyone can refuse to do business with anyone else--the Supreme Court
has consistently upheld your right of refusal to contract. But officers have been know to break
window s, spray 'pepper spray,' pull people from vehicles, and get rather rough to even shooting
people! While we do not want to scare you, we do understand that any 'routine traffic stop ' may
be a terrifying experience, but you have a good chan ge of prevailing if you understand the
mechanics of a police encounter.
With the above information in mind, maintain your composure and focus, while this is just
business, whil e you may face verbal abuse and intimidation, Police encounters can involve any
of the followi ng three stages:
I. Consensual Contact
2. Detention
3. Arrest
Si nce approximately 80% of police encounters only involve consensual contact, 20% may
invo lve the ' Traffic Stop ' along the highway!
Whil e in the past you were not expected to show identification if you are not in a vehicle, but
most recently, the Supreme Court has ruled that the police may require one to identify them-
selves anywhere at anytime. Poli ce will often ask you for identification such as driver's license
or social security number so that they can run a police check/report or get you to lead them to
your vehicle so that they can "look" for evidence to try and build a case against you. You are not
required to give personal information such as social security numbers even though you may be
pressured to supply it. It's best to keep dialog in any encounter as short as possible. Clear,
co ncise, statements and closed ended questions that can be answered with a yes or no are best.
Remember also to avoid any constitutional arguments.

IF YO U FEEL COU RAG EOUS:
The following six questions are really all that is required to control most police encounters. They
are simple and will generally solicit a predictable and reliable response, especially No .5 !
I . whet is the nature of your inquiry?
2. Is that a request or a dem and?
3. Do I have the right to rema in silent?
4. Am I free to go?
5. Can anything I say to you or any documents I give to you be used against me in any
criminal matter?
6. I am not refusing to cooperate. I am exercising my right to remain silent.
7. Since yo u are using color (pretense) of law, threatening me with bodily harm, and forcing
me to do business with you against my will. I am happy to cooperate under duress. May I
please have your business card?
Question one basically asks who are you and what do yo u want. Leading with this question
solicits the officer to get down to business and right to the point. Always respond to any-request
for information or documents with "is that a request or a demand ". If it is a request, ask "do J
have the right to remain silent", followed by "a m I f ree to go?" Your encounter can be this short
if you stay focused, and no demands are made. If the officer refused to let you go. you may
remind him that,
Jt'hen an individual is detained, without warrant and without having committed a crime
(traffic infra ctions are not crim es), the detention is a f alse arrest and unla wful
imprisonment. If the offi cer goes silent, continue to ask, "Am I free to go", until you
receive a yes.
If a demand is made, ask question 5, " can anything J say to you, or any documents J give to you
be used against me in any criminal matter." This is a catch 22 for the officer. They are supposed
to take an oath which binds them to their constitution. This takes precedence over any request or
demand for information. They may choose to repeat their demand, and possibly become uncivil.
Just keep asking the question until answered. If you are not willing to stay the course because
you feel that the officer may become violent, you can say "since you are using color (pretense)
oflaw, threatening me with bodily harm, andforcing me to do business with y ou against my will.
I am happy to cooperate under duress. May I please have your business card?" Then gin them
what th ey arc requestin g, Make a mental note of what they say to you and make an affidavit of
the incident as soon as possible in case you want to file a ton claim against them later. If they
refuse to give you their card, memorize their badge number and/or name.

Th en give them what th ey a re requesting:
wh eth er at the beginning of th e 's top' or if yo u proceed with the above paragra ph in th e
sto p, when you d etermin e wh en to produce certa in information, you may provid e 3 'T r ue
and Co r rec t Co py' of yo ur VCC· l, a UCC-3 pertainin g to the car/vehicle yo u are in a nd
your S PC 10 Card, and your ' Internation al Driver s Permit, if you ha n one. If yo u h ave a
'State Driver Licen se,' )'ou better sti p ula te that you are not ' S O \V' usin g th e hi ghways for
profit and gain hauling p eopl e of fr eight for hire! (If yo u ne ed a ~oo d foundation as to the
RI GH T TO T RAVEUDrinr Licen se Issue, order th e book; ' T r aveling by Right' fr om T he
American's Bulletin > $28.00 - ship ping included! )
If you are threatened with arrest, let the officer know that "kidnapping is a very serious charge",
and that you do not consent 10 being arrested. Keep in mind that the officer will do what he
believes he can do, You, the secured party creditor has to do what you have to do! Collect the
facts as to the situation and as soo n as you can put it to paper write them down so they can
become the facts in an affidavit to support your Ton!
A motorist was sto pped on the freeway. Having rolled his window down a couple of inched,
when the officer asked him for his driver' s license, registration, and proof of insurance, he asked
the question; "If I had such infonnation (drivers license) and gave it to you, could you use it
against me?" The officer called for 'back-up!' Four other officers arrived and then the
supervising officer, The second officer on the scene walked over to the passenger window, raped
on the window, and pointing to the glove box, shouted "1 need to see inside the glove box! " The
mot orist moti oned him over to the driver' s side of the car and once again asked the same
question. The motorist asked the sam e question to each officer includ ing the supervisor when
they came to his window. After a huddle of the officers, eventually all the officers left except for
the officer who originally made the stop, The motorist waited for a few minutes, started his
engine, and drove off. The officer, who originated the stop, followed behind him to the next off
ramp and as the motorist left the freeway, the officer continued on down the freeway,
Th e following Scen arios are included as additional information and may be used at you r
discretion:
SENE RIO I :
Motorist: (Window rolled down about one inch; both hands on steering
wheel) What seems to be the problem, officer?
Officer: Would you please roll down your window a little further?
Motorist: How can I help you officer?
Officer: License and registration, please

Motorist: I do not consent to this conversation.
Officer: I said, "license and registration," now.
Officer. (Placing his hand on hi s servi ce revolver) If you don't hand over
your license and registration right now I'm gonna drag you out of
that car and take you to jail.
Motorist: (Ro lling down window, smiling) Oh well, in that ' s an entirely
Different matter. Since you are using color (pretense) of law,
threatening me with bodily harm, and forcing me to do business
with you against my will. I am happy to cooperate under duress.
Here is my license and registration. May I have one of your
business cards, please? (Officer hands over a business card.) and
here is a copy of the published Copyright Notice setting the terms
of the consensual contract for unauthorized yo u of my common-
law-copyrighted property. My name is copyrighted under common
law and the fee for its use is fairly steep (S5oo, 000.00 per
occurrence), so you may want to look over the terms of the
consensual contract that you would be entering into by writing my
copyrighted property on any piece of pap er.
Officer: What the hell are you talking about?
Motorist: I do not wi sh to do business with you. officer. but if you insist on it

hen I have the ob ligation to info rm yo u of the fees associated
with th e use of my nam e, which is copyright ed. Sho uld you decide
to do business with me and accept the ob ligation for payment of
the fees for unauthorized use of my copyrighted property, then I
will send you a bill, which is payable in full in 10 days of the date I
send it. The terms of the contract stipulate that you pledge all your
tangible property as security for payment of the debt you incur for
the unauthorized use of my name. If you do not pay within the 10-
day period. legal title for all yo ur property transfers to me. I am
then free to take possession and dispose of it as I see fit, in order
to recover the costs you incurred through the unauthorized use of
my name, my copyrighted property. If you will give me your home
address, I will bill you at home, rather than at the stationhouse.
Officer: I never heard of this one before. Is this some kind ofjoke?
Motorist: No, sir. This is extremely seri ous. My published copyright notice is
also filed with the county recorder. That contract you have in your

hands is official public record. Here is a certified copy of the filing .
What I am saying is no secret or joke. I do not wish to do
business with you, but if you insist and force me into it, I will
cooperate--but you will be liable for the unauthorized-use fees for
the use of my copyrighted property. Since yo u have threatened
me with bodily harm, I am very willing to cooperate under duress.
At this point the choice is entirely yours. What would you like to
do?
Officer: Have a nice day. So long.
What happened here? The revenue agent (officer) for the insolvent muni cipal corporation used
strong arm tactics in an attempt to bull y the motorist into 'voluntarily' entering-and thereby
accepting financial responsibility for-a commercial contract (traffic ticket) . However, the con
was preempted because the motori st never accepted any communication from the officer until
the issue of duress was established, thereby voiding any contract established thereupon. After the
motorist adroitly established, on the motorist's terms, the parameters of the non-violent,
consensual contract for the officer's unauthorized use of the common-law-copyrighted' TRADE
NAME, the poli ce officer then decided that the risk inherent in what the motorist w as proposing
far outweighed any potential gain that may have been realized in his attempted transaction with
. the motorist.
The traffic cop in the above example intended on "extracting revenue") in the name of the
motorist' s straw man ' s TRADE NAM E., by extracting the motorist 's promi se to appear and then
pay, thus saddling him with the bill as surety for the TRADE NAME. The copyright notice short-
circui ts anyone from using your TRADE NAM E for unauthori zed commercial gain, the primary
objective of every single government on the face of the earth.
SENERIO 2:
The following example illustrates how you might use the strategy outlined above. It consists of
two parts. In the first part the "suspect" isn't informed about police practices or the techniques
that can be used in order to demonstrate the kind of trouble one could open themselves up to.
The second part uses the techniques to demonstrate a very different result.
The set-up involves a dispute between a male and a female who had been living together until
just recently. The male (Martin) had j ust moved out and has disco vered that the female (Sara)
has removed some of his personal property from a storage locker that she controls. The
extenuating circumstan ce is thi s: Martin has a credit card in the name of the nominee for an
ano nymous Nevada corporation that he has recently formed. Martin uses the card for general
purchases and cash withdrawals. While the banks are not agreeable to a person using and signing
on the credit card account of another, no statute is being broken here because there is consent
between the contracting parties, Martin and the nominee. The incident starts when Martin goes to
the Sara's apartment to request his possessions. After a few minut es of dialog she threatens to

call the police. Martin, feeling som ewhat threatened, leaves the door and walks to the garden
area of the apartment complex. and sits down o n a bench to think about what to do. Within
minutes two police officers are on the grounds spot him and begin their questioning:
Police: Are you Martin?
Martin: Yes.
Police: May I see your identification please?
Martin: I am not carrying any

Police: Have you ever been arrested?
Martin: No (lying)
Police: We will need to see your driver' s license
Martin: It's in my car, I will have to get it.
Police: Let 's go.
Martin: Leads the police officers to the street outside the apartm ent complex where his
vehicle is parked. Martin open s the door, reaches inside his wallet and hands
the police officer a sm all leather identification holder. The holder has a see
through window showing his driver's license and also contains his nominee's
credit card.
Pol ice: Looks at the license, then reaches for the credit card, pulls it out, and asks-is
thi s yours? .
Martin: The card is on my bank account, but the name IS the norrunee of my
corporatio n.
Pol ice: Calls the credit card fraud unit to send another officer over to investigate (they
are in Las Vegas)
Police: Run a report based on Martins drivers license information, but nothing comes
back .
Police: What's your Social Security Nwnber?
Martin: I don't remember.
Police: You don't remember? Tum around! Put you knees up against thc bumper (of
the squad car) and put your hands behind your back . (Martin is handcuffed) .

What happened here? Unbeknown to Martin. Sara has alerted the officers about Marti n's little
credit card arrangement. The police went on a fishing expedition and Martin played right into
their hands. They now have probable cause to arrest Martin. who goes to jail as a John Doe, until
they can figure out who he is.
Thi s scenario has all the elements referred as a citizen inf ormant (having inside knowledge), a
naive suspect, and probable cause for an arrest. Martin cooperated fully (rolled over), and all of
the information he provided was used against him. Martin was completely within his rights to
remain silent, but he didn't know that . For this reason he was a mark-food for the system.
SENERIO 3:
Now let's use our understanding of police practice and the techniques to see how Martin may
have handled this situation differently.
Police: Are you Martin?
Martin: What is the nature of your inquiry?
Police: We rec eived a phone call relating to a disturbance in the building . Do yo u

know Sara?
Martin: Is that a request or a demand?
Police: A req uest.
Marti n: Can anything I say be used against me in any criminal matter?
Police: Yes.
Marti n: Do I have the right to remain silent?
Police: Yes.
Police: May we see your driver' s license?
Martin: Is that a request or a demand?
Police: A request.
Marti n: If I were to show you my driver's license could it be used again st me in any
criminal matter?
Police: Yes.
Martin: I am not refusing to cooperate. I am exercising my right to remain silent.
REDEMPTION MA NUA L FOURTH EDITION 482

Martin : Am I free to go?
Police: Not yet.
Martin : When an individual is detained, without warrant and without having

committed a crime, the detention is a false arrest and false imprisonment.
Police: Silent.
Martin: Am I free to go?
Police: Yes you are free to go, but we don't want you to bother Sara again!
This time Martin controlled the encounter by asking closed ended questions to which he already
new the answer. Martin is sitting peacefully by himself, and there is no crime being committed.
Whereas the police may have reasonable suspicion to detain Martin based on the information that
they were provided, they recogni ze Martin' s right against self incrimination. Martin has just
saved himself a whole lot of headache by simply knowing how to use some basic information,
SENERIO 4:
The next two strategies are offered as examples of some other approaches that one might take.
While good techniques, there is a lot more risk involved. The more verbose the dialog is, the
greater the chance that you may be cut off mid stream while delivering your message. There is
also the attendant risk that you might forget your lines, or fail to recall them under stress ful
circumstances. These techniques are designed to throw the police officer off guard by
overwhelming him with information that sounds credible, and to which he must weigh the
potential liability to him against whatever he hopes to gain in the encounter. If you run into
trouble with these techn iques, you could always return to the more conservative approach
outlined above as a fall back posi tion. Stay within your abilities and be safe.
Officer: Sir, may I see your dri ver' s license?
Motorist: Sir, may 1 see your identification; your bond card and number and the
com pa ny or agency that you are bonded with ? (If they claim the State, ask
for the State 's Bonding Company)
Officer: What are you talking about?
Motorist: Well you know that in order to arrest me you need a bond (i.e. insurance) in
case you violate my rights as a sovereign.
Officer: No, I don 't know anything about that.
REDEMPTION MANU AL FOU RTH EDITION 483

Motori st: Well, If you don't have a bond to protect my rights, then I am free to go and I
am leaving. Because you cannot charge me or give me a ticket unless you are
Bonded! Bye!
If you think this doesn't happen. think again. This is happening all over the country- a m aj or
break through for "Sovereign" creditors who fund the bankrupt, debtor government corporations.
Can you smell the coffee?
SENERIO 5:
Our next example is for Secured Party Creditors. It leverages the Common Law Copyright they
have on the Debtor' s name and demon strates how it might be defended .
Motorist: (Window ro lled down abo ut one inch; both hands on steering wheel )
What seems to be the problem, officer?
Office r: Would you pl eas e roll do wn your window a little furth er?
Motorist: How can I help you officer?
Officer: License and registration, please
Motorist: I do not consent to this conversatio n.
Officer. I said, "license and registration", NOW!
Officer. (Placing his hand on his service revolver) If you don 't hand over your license
and registration righ t now I'm gonna drag you out of that car and take you to
jail.
Motorist: (Rolling do wn wi ndow, smiling) Oh well, in that's an entirely different

matter. Since you are using color (pretense) of law, threatening me with
bodily harm, and forci ng me to do business wi th yo u against my will, I am
happy to cooperate und er duress. Here is my license and registration (UCC-3
or otherwise). May I have one of your business cards, please? (Officer hands
over a business card.) and here is a copy of the published Copyright Notice
setting the tenns o f the consensual contract for un authorized use o f my
common-Iaw-eopyrighted property. My name is copyrighted and the fee for
its use is steep (5500,000.00 per occurrence), so you may want to look over
the tenns of the consensual contract that you would be entering into by using
or writing my copyrighted property on any piece of paper without permission
for commercial gain.
Officer: What the hell are you talking about?

Motorist: I do not wish to do business with yo u, officer, b ut if you insist on it then I
have the obligation to inform you of the fees asso ciated with the use o f my
name, whi ch is co pyrighted. Should you d ecide to do business with me and
accept the obligation for payment of the fees for unauthorized use of my
copyrighted property, then I wi ll send you a bill, which is payable in full in 10
days of the date I send it. The terms of the contract stipulate that you pledge
all your tan gible property as security for payment of the debt you incur for the
unauthorized use of my name. If you do not pay within the 10-day period,
legal title for all your property transfers to me. I am then free to take
possession and dispose of it as I see fit, in order to recover the costs you
incurred through the unauthorized use of my name, my copyrighted property.
If you will give me your home addres s, I will bill you at home, rather than at
the stationho use.
Officer: I never heard of this one before. Is thi s some kind of j oke?
Motorist: No, sir. This is extremely serious. My published copyright notice is also filed
with the county recorder. That notice you have in your hands is o fficial public
record. Here is a certified copy o f the filing. What I am saying is no secret or
j ok e. I do not wi sh to do business with you, but if you insist and force me into
it, I will cooperate-but you will be liable for the unauthorized-u se fees for
the use o f my copyrighted property. Since you have threatened me with bodily
harm, I am very willing to cooperate under duress. At this point the choice is
entirely yours. What would you like to do?
Officer: Have a ni ce day-so long.
What happened here? The revenue agent (officer) for the insolvent municipal corporation used
strong arm tactics in an attempt to bully the motori st into 'voluntarily' entering-and thereby
accepting financial responsibility for a commercial contra ct (traffic ticket). However, the con
was preempted because the motorist never accepted any communication from the officer until
th e issue of duress was establi shed, thereby voiding any contract established thereupon. After the
m otorist adroitly established, on the motorist's terms, the parameters of the non -violent,
consensual contract for the o fficer's una uthorized use of the common-law-copyrighted' TRADE
NAME, the police officer then decided that the ri sk inherent in wh at the motorist was proposing
far outweighed any potential gai n that may have been realized in his attempted transaction with
the motorist.
The traffic cop in the above example intend ed on "extracting revenue" ) in the name of the
motorist's straw man' s DEBTORffRADE NAME. by extracting the motorist' s promise to
appear and then pay, thus saddling him with the bin as su rety for the TRADE NAME . The
copyright notice sho rt-circuits anyone from using your TRADE NAME for unauthorized
commercial gain. the primary objective of every single government on the face o f the earth.
The last top ics we will cover relates to travel documentation and the o ften asked questi on : "Are

there alternatives to automobile registration, driver' s license, and insurance. The answers to these
questions constitute a whole course in and of themselves, so we will only provide an overvi ew.
On the topic of registration, if you go way back in your states early history near the introduction
of the automobile, you will discover that once upon a time, automobile registration was only
required for the commercial use of a vehicle, and still is! If you are not engaged in commerce
(your vehicle is not for hire), the state has no business regulating your vehicle. In addition, a
driver's license is a violation of your right/freedom to travel. (again, see MYTH/LOGICAL
MOTOR VEHICLE article!)
States also have laws on the books which give you the option of using a liability bond in place of
auto insurance. The bond option is not widely know or understood, and the state would like to
keep it that way. If you are a Secured Party Creditor, you have unlimited liability, why not use it!
If you prepare a bond in place of insuran ce, and show it should you be stopped, the officer is
compelled to accept it. If not, ask the officer if sfhe "is a lawyer and if slhe is making a legal
determ ination. Thi s should get their attention.
The driver's license issue is a little harder to deal with but it can be done. The background for
understanding why the state is so insistent that you have one, is that next to the Social Security
Card, the driver's license isthe principle means of identifying and keeping track of you. The two
definitions following this paragraph, gives you a feel for why they want you to have one. If you
understand how the bankruptcy changed everything, including the fonn of "law" practiced today,
you can grasp the reasons for this. Remember also, that you are an enemy of the state which is at
war with you. (see Trading with the Enemy Act).
VEH ICLE. That in or on which persons, goods, etc. may be carried from one place to
another, especially along the ground. That which is used as an instrument of conveyance,
transmi ssion or communication. Vehicle refers to every device in, upon or by which a
person or property is or may be transported upon a highway. Black's Law 6th Edition
Note: According to the above definition, a transmitting utility is a straw man is a

vehicle. As well, another definition for vehicle is an "inland vessel in admiralty".
VESSEL. The tenn vessel, in admiralty law, is not limited to ships or vessels engaged in
commerce. Black's Law 6th Edition
Note: In admiralty. names of vessel are designated in all-capital letters. Whenever

you appear in any public forum it is always via your straw man, your all-capital-
letters vessel, much like an officer stands on the bridge of his ship and sails it into
port. AIl law is now admiralty/maritime and you can no longer go into court as a
man or woman, only by "sailing your vessel" into the jurisdiction of the court.
Everyone speaks from his/her vessel, in terms of one vessel-officer to another.
Each is trying to get the other officer to recognize the condition of his/her vessel;
i.e. its r egistration. If a vessel is unregi stered on the high seas in time of war it is
presumed or assumed to be a pirate vessel to be confiscated and investigated. If
the vessel is registered, then the issue is exactly what public entity is it registered

to, and is that entity on the public side or the private? Your straw man is a
transmitting utility-is a vessel- is an inland vessel in admiralty- is a publ ic
vessel- is a vehicle. In times of war (now) neutral vessels (straw men) require
passports.
So yes, you can drive without a driver' s license IF (the biggest word in the English language)
you want to defend it all the time. Remember, a traffic stop isn 't a good opportunity to educate
your faithful servants on the fine points of SovereigntylRedemption. If you know how to defend
it successfully, you can build a local reputation, and they will leave you alone. If you travel
widely however, you will be doing a lot of explaining as you go . Some who drive with out a
license as a secured party, elect to have private engraved license frame that say "SECURED
PARTY CREDITOR-PRIVATE PROPERTY, followed by their UCC- I contract number.
While the <frame' is not going to keep you out of trouble, it is notice !
On the question of travel documents, this is a tricky subject. It' s hard to predict exactly what the
officer's response might be. If you are looking for an alternative to the driver's licen se, carry
whatever alternative you wish to use. If you're a secured party, it would probably serve you to
carry a certified copy of your Uee-l . and UCC-3, and your privatel1iability bond. But anything
more will probably cause problems. Officers have been known to throw docum entation back at
drivers, throw it on the ground, or fo ld it and put it in their pock et. But it's not your j ob to
conduct impromptu Redemption classes along the roadside. It will be the rare officer whos
interest will be piqued by what you are doing.
The best way to deal with the issues of adhesion contracts is to become a Secured Party Creditor.
Attempting to rescind adhesion contracts is an effort that doesn't really bear much fruit. Number
one, it will make your life inconvenient. Two, the matrix is more pervasive than j ust adh esion
contracts. Three you can sign all of your paperwork with the State. "Without Prej udice" and
preserve all of your righ ts. Four, adhesion contracts did not involve your consent, a necessary
element to contract, so they can't be defended in court. So do exactly as you please-you're the
Sovereign! Remember though, you are NOT to protest or go to war! Your to go to Peace, accept,
discharge and file a Tort claim if necessary!
However, remember, the <Traffic Officer' is an employ ee/agent of the State Corporation. They
are there to solely protect the property of the <corporation,' and regulate the <subject
property/debtor slaves on the plantation via enforceme nt of private rules, statutes, etc., i.e.,
Driver License. Registration. Insurance, etc., but technically, only if you are engaged in
commercial use. occupation or profession of the use of the highways for profit or gain in a
commercial use of said highways. If not, there is misappl ication of the statute, law, etc . So as the
Secured Party Creditor, as the Oregon State Statutes state (as an example); Tort is the exclusive
remedy. Therefore, due to this section on Traffic, courts. etc., on a case by case situation, you
have to do whatever you have to do to deal with the matter as best you can. But keep in mind, if
any agent/employee misapplies the statute, law, etc., your ONLY REMEDY IS TORT!
Tort deals with the <moral wrong(s)' committed against you . What's the basis for the <moral
wrong ' - misapplication of the statute! The fact that you are not a signatory to the State (or

federal) Constitution and that you are not a party to the 'social compact.' (state constitution) So
the question is, then, how does the Motor Vehicle Code operate upon you if you are not a party
nor signatory to their private compact? [The 'ACD PACKET' deals with Tort at both the state
level and federal level, with instructions and is available from The American ' s Bulletin for
$30.00]
I They tell you their mission is to protect and serve, but this is just a smoke screen. The system from the District Attorney down
is designed to look good to all the class one ostriches that elected the 'officials' in charge of the system. These are the same
people that fonn the pancak e j uries that are responsible for the unusually high conviction rates across America They have been
conditioned to please authority first and ask responsible questions later.
1Regarding the issue of copyright infringement, there is really no problem with people using copyrighted prope:rty--unless they
use it for commercial gain.
1Before the bankruptcy in 1933, United Stales Notes could be redeemed in "lawful money of the United States". Th is practice
ended in 1933 when the United Slates when into Bankruptcy. Since then, we have been on the "promise to pay" standard and all
demands for payment constitute an issue of publie currency . A promise to pay creates "m oney", and is what funds your
mortgage, auto loan, credit card purchases, and every other kind of 'loan' you take out (including traffic tickets).

IF YOU ARE TAKEN TO JAIL
This page is does not have to go onto any lengthy detail. Remember, if you are taken to j ail via a
'fresh arrest,' try to get the names of the officers involved in your arrest who cause the most
injury, threats or pain. Try to keep the details of your 'fresh arrest' in your head, as most likely,
they won't give you paper & pencil. As soon as you are out, you need to do up an affidavit of all
the facts of the most likely ... an unl awful arrest! It is best if you have someone that has yo ur
power of attorney to assist in these matters, otherwise it is more difficult, until you are out.
B ut, when you find yourself in jail cell .. . for whatever reason, you've hear the story, seen it in
the movies... that you have a right to ONE phone call. So the question is; "who do you call?"
Well, it's not to call your lawyer (God forbid!), your girlfriend, your pastor, the bondsman, your
buddy or your bookie! THE ONLY REASON FOR THE ONE PHONE CALL IS TO CALL
AffHE JUDGE!
Seek the name of the j udge and try to get the phone number from the j ailers. Be business like and
polite. but finn! It is part a f your ' Due Process', as they say.. . you have the right to one phone
call! Merely state that you need the number so that you can ~u est an al2Pea.rance bond without
fees or cost. This must be requested preferably before your arraignment.
If you arc denied the phone call, then make the request at the next available opportunity, either
with any 'agent' to comes to you and or when you are taken into court for arraignment.
Remember, you want the 'Appearance Bond' as part of your due process, and if the judge
produces the bond, you can state that you "accept it for value. I do not intend to cl)llllenge the
fact s of the case" I or it can he stated: "I plead guilty to charges in beh alf of the defendant/dehtor,
but that' s not me .. . and I request the court to release the Bond to me for settlement and
adjustment."
If the j udge denies the 'bond; he then has denied you remedy (due process), committed
commercial fraud, as the charges are not laid on you, but on the corporate fiction
Defendant/debtor, and since you cannot pay the fine or pay off the commercial charge, that it can
only be 'discharged,' and being the 'insurance policy' via the bond is created by the prosecutor
or some other agent via the 'case,' is to be brought forward to indemnify the
man/creditor/sovereign, in light of the bankruptcy, as everything is insured! But the system most
always get the 'arrestee' (you) to bond the case you rself or get you to plead guilty... and or
consent to the charges!
If the bond is denied, at yo ur next available opportunity, and or with someone you have given
power of attorney to if you are still incarcerated, you can exercise your exclusive remedy.. . and
th at is Tort!

A FEW CASE CITES
LISTED HERE FOR REFERENCE ONLY!
When an individual is detained, without warrant and without having

committed a crime (traffic infractions are not crimes), the detention is a
false arrest and unlawful imprisonment:
DAMAGES AWARDED
IREZEVANT v. CITY OF TAMPA,741 F2d 336 (11th cr-. 1984) Motorist

illegally held for 23 minutes on a traffic charge was awarded $25,000 in
damages. (Sets foundation for $7S,000/hr., 1,600,000/day)
CIVIL RIGHTS
SANDERS v. ENGLISH, 950 F2d 1036 (6th Cir. 1992) False arrest, illegal
detention (false imprisonment), and malicious prosecution are recognized
as causes of action under Title 42 Section 1983. ( ...and TORT!)
PRECEDE lIT
JAMES v. KENTUCKY, 466 US 341, 80 LED 2d 346, 104 S Ct. 1830 (1984)
The supreme court held that State statutes did not take precedent over
constitutional law.
MQYA v. US, 761 F2d 322 (7th cr-, 1985) People are entitled to refuse to
provide information to police. Maya went to the supreme court and back.
(held to be valid)
Padelford, Fay & Co. v, The Mayor and Alderman of the City of Savannah,
14 Ga. 438 (1854) "But, indeed, no private person has a right to complain,
by suit in court, on the ground of a breach of the Constitution. The
Constitution, it is true, is a compact [contract], but he is not a...llilrty to it.
The States are a party to it.•• "
emphasis added.
Plus:

COMMENT BEFORE THE JUDGE
"I demand a personal recognizance bond issued forthwith, and respectfully demand a
waiver of the fees and costs, so ] C3n appear and plea to the charges during which I will
stipu late to all the facts and accept and return the sa me for full settlement and closure in
the transaction."
Judge may go "Case dismissed, or he may just run out of the court room!" WHY? Cause now,
the judge is acting as an unlawful debt collector for an invalid debt that the other parties
defaulted on already! If the judge rules against you, or debtor, or whatever to cause commercial
injury or misapplication of the statute, your ONLY remedy is Tort!

ALL DAY-EVERY DAY
by Linda L. Kennedy, Attorney at Law
and Virginia Ja iler - By permission
It is unusual that any attorney, let alone a conservative attorney. would dare to speak out against
the j udicial system and its supporting agencies fo r several reasons, only some being obvious. But
for me to sit in front of some of the news shows night after night, hearing the debate over the
woes of the Military Courts and how we are known for our Civil and Criminal Due Process
Rights. and at the same time picturing in my mind the many people who have been hoodwinked
and even ruined by this so called "just" system, is not tolerable to me.
Linda L. Kenned y, Attorney at Law
Dear M edia :
1 realize that some of you may not be aware of the deception that the "due process/constitutional
attorneys" are spewing out on our airways, but let me set that record straight for you on military
courts - and I hope you have the guts and integrity to report it. I have heard of no one who is
saying on the air what I have to say today. Many unfortunate citizens know and agree with what
I will be describing to you. That is why I am writing, because it must be said and yo u must hear
it from an otherwise, conservative attorney. Additionally, I had just recently met with a former
Attorney General of the United States. Although he indicated that the j udicial system needs
fixing, for him it was all about one political party being right while the other one was wrong.
That is absolutely not the problem.
Because this point of view I am presenting will be surprising coming from a "conservative"
(trained at Pat Robertson's Regent University School of Law) attorney, I hope you will see how
ridicul ous the Military Court v. Civil/C riminal Court's debate actually is and the legal fiction the
distinction between the two creates. The public should not be fooled by these "scholars" who try
to paint a difference between the two systems which are in all practicality, the same.
Additionally, I have put myself in grave jeopardy because I dare speak out against the "gods" of
some of the courts, i.e., some of the j udges, and their government agencies, for obvious reasons.
It has been and still is professional suicide to say what I have to say and I have certainly "walked
the plank" more than just a few times for being so outspoken in a way that is not "bi g-business
friendly." What I have to say must be said however, for the public's best interest.
Most of what I am hearing on the air which is of concern to some of the constitutional attorneys
being interviewed, is that the Military Courts may be unfair because they do not allow for
adequate discovery (turning over of evidence to the opposition so that the defense can prepare a
case), they have quick trials and secretive hearings, they will incorporate biased j udges, they
have no j uries , and possibly no appeals. The bottom-line is simply: All of this debate has to do
with protecting civil rights. I want to show you why this debate is moot in practica lity, and by
not having the following view as a part of any discussion , is misrepresenting the real problem to

the public. In comparing these courts, we need to actually look at what civil rights the peop le are
actu ally receiving and then compare the courts. Let's not look at the situation in a test tube any
longer. Here is what I am telling you is happening, not only as a scholar, but as a practicing
attorney who gets to see the inside of a courtroo m all day-every day.
My claim which I can support with volumes of hard evidence including testimony, transcripts,
etc., is that some of our co urts are already unconstitutionally acting as military courts against the
people today. Many individual plaintiffs that go into our courts (depending on which courts) get
to learn this shocking lesson all by themselves, and then after the dusts settles, they get to try to
pick up the pieces of their lives once they have truly experienced the tyranny of our own
corrupted system which ignores our Constitutional Rights daily. Because the reality is kept so
secret from the public at large, and because many news agencies will not inform the public of the
horrendous condition of these courts, the public is totally unaware o f the injustices happening
daily; only to find out if they are unfortunate enough to get caught up in the "vortex" of the
judicial system -- with only fleeting hope of ever getting free of it with their shirts still on their
backs!
Our civil rights are not protected now, even though the Constitution guarantees them, since some
of the, courts ignore the Constitution regularly when it actually secretly, quietly, and quickly
dismisses our cases. without so much as a hearing, without so much as a right to an appeal
(rubber stamped "denied" without so much as an opinion as to why we lost, which then goes into
an "unpublished opinion" file at the discretion of the court so that nobody else (not even
attorneys) know that the case existed, and it does not affect precedents). These courts openly and
willingly allow one side (usually the defense in civil cases, and the prosecutors in criminal cases)
to commit repeated perjury and allow it to thwart discovery requests (the lawful and mandatory
turni ng over of documents which allows the opposition to know what the issues are). If these
examples do not fit into the concerns of the Constitutional "scholars " over the Military Courts
what does?
I ask you, why are so many special interest corporations funding judicial and governmental
officials to go on trips and to hear "pro-corporation" seminars? Doesn't this sound a little bit like
a biased court would result from such j unkets? This is happening regularly within our state and
federal systems, without hardly a word from the media. Why else would the Congress be so
concerned over appointments and the personal stands each judge has on issues? It is because
Congress knows that an unbiased and impartial judiciary is nonexistent when it comes to special
interest groups and any poor plainti ff and/or that attorney that tries to challenge it will pay dearly
for darin g to do so.
Would you be surpri sed to hear from two people who actually had their judges fall asleep during
the trail, only to take the decision away from the jury once awakened. and then dismiss it without
the benefit of due process? Of course. big business won again. The special trips and seminars for
judges pay off. One case was dismissed after the judge used 19 facts that were not even admitted
into evidence (that is like not allowing for discovery as military courts are professing to do). This
is forbidden by law. Appeal was denied, and the opinion was unpubli shed like about 90% of the
opinions in the 4th circuit so that nobody is the wiser. What about a judge that dismisses a
defamation claim against an insurance company, saying that the plaintiff should not have filed a

suit, because money is more important than reputation anyway, and that she should read some
books because everyone knows that. Doesn't it make you wonder which big-business supported
that decision? What about a judge who refuses to acknowledge "blacklisting" as a law, even
though Congress/General Assembly made such a law to be enforced by the courts ? Would you
be surprised that in both of these cases described above, the plaintiff got sanctioned (assessed
fines and fees against them) for daring to bring these cases into court? I ask you then, in reality
how is our present court system any different from the Military Courts to which so many are
taking offense?
Besides me, I know of only one other attorney who is trying to bring these abuses to light. She
stepped down from a government position because of all of the corruption for which she did not
want a pan. She filed suit and clearly showed the corruption of a particular city's police,
attorneys, and j udges. Not only was she sanctioned for daring to bring such a case forward, but
those she exposed placed a gag order on her, every single pleading ever filed is sealed so that
nobody can find out about this corruption, and she is regularly arrested by that city's police as
punishment. To top it off, although the case was never heard on the merits, she was sanctioned
about Sl 8,OOO and she has approximately another 5200,000 waiting for her in our wonderful 4th
Circuit Court. That is what happens to those few of us who dare to expose what is really going
on in this corrupt system. Sounds like something we would describe might happen under the
reign of the Taliban doesn't it? Certainly this is worse than any military court which will at least
have some scrutiny placed on it.
How would you feel if you were judged by a judge who liked to use the word "nigger" and
derogatorily acts in a stereotypically "poor black from the 1800's manner" after he finds an
African Ameri can guilty? How about a judge who proudly claims that he does not find fo r
employees in employment law cases (how's that for unbiased judges).
Why then is the issue Military Courts v, Civil/Criminal Courts when, practically, there is no
difference? If you look at the statistics, and open your forum to citizens who have been a part of
actual court proceedings in certain jurisdictions including federal jurisdictions, you will clearly
find that some courts are treating their supposedly open courts as if they were Military Courts __
and getting away with it daily. [ will show you just one Federal Circuit who routinely violates
our Constitutional Rights daily with the blessing of the Court of Appeals, but only one for
brevity sake. Please note that this is not my only example.
Take the Federal 4th Circuit located in Virginia. There exists a Title VII statute that allows for a
plaintiff in a "protected class" to file suit against employers who treat them wrongly because of
their race, color, sex, national origin, or religion. Just in the year 2000 which is the last full year
of statistics, the 4th Circuit Court of Appeal s heard II cases on appeal from district courts (not
counting unpublished opinions and all the other district court cases which were quietly and
secretly dismissed). Of these cases all 11 were decided in favor of the defendant (big-bu siness)
at the district court level. One of these was even heard by a jury (Conner v. Schrader-Bridgeort
International, lnc., 227 F.3d 179 (4th Cir. 2000» and the j ury found fo r the plaintiff. Let me
explain. Getting to a jury in the 4th Circuit is almost unheard of in employm ent law cases
although it is granted as a right under Title VII. In spite of the j ury finding in favor of the
plaintiff, the district court judge then proceeded to take the case from the jury and find for the

efendant anyway (How's that for due process?) Furthermore, of these II cases, all had been
ecided for the defense on summary j udgm ent (judge refuses to provide for a tri al for the
laintiff], or judgment as a matter ofl aw (judge decides that even though the j ury may have been
resent. they do not get to decide the case at all).
ecause I have taken pan in cases like thes e and regularly have to tell my client "don't even
ather go ing to thi s coun for j ustice, I wi lt absolutely guarantee you that mu ch of the evidence
It
"as obviscated by the defense and the judge was absolutely no ass istant o f j ustice in making the
efense turn over the evidence it was hiding. In fact, if the plaintiff gets his/her hands o n a -
ocument o f the employers which could prove the truth ; one th at the defense is falsely cl aiming
ley don't have, the j udge then finds that it is "stolen," and makes the plaintiff return the
ocument to the defense. The defense then can continually claim that the document does not
d st even though the coun knows that is not true and that perjury has been commi tted.
dditionally, these judges are repeatedly "wined and dined" by big-business with big corporate
terests (Please see ..www.Tripsforjudges .com .. for my information here). According to
ripsforjudges.com, judges have been sen t 0 0 vacations even as far as Israel by bi g-bus iness.
Iso the Foundation for Research on Economics and th e Environment (F REE) and the Liberty
m d. pays for these vacations for judges which arc, coincidentally , very close to their
eadquarters for "seminars." One judge even received a trip for he AND HIS SON, by
rsinessman Mr. Hank Jones . How's that for unbiased Judges?
~E is a nonprofit organization that advocates reliance on the free m arket and private property
ghts, instead of enviro nmental laws to protect the envi ronment. Obviously, any tenant,
nployee, environmentalist, and anyone else challenging the acts of one of these interests is in
r a surprising, and rude, awakening. Judges who attend their lectures are indoctrinated into the
nphasis of property rights and market processes according to big-business interests. FREE gets
; funding directly from corpo rations, foundations of large companies, and fro m prominent
mservati ve foundations. FREE receives 1/3 o f its budget d irectly from corpo rations such as -
rell Oil Company Foundation, Burlington Resources Foundation, General Electric Fund,
emple-lnland Foundation, and Kock Oil (Lambe Foundation). Foundations which su pport
tEE are Sarah Scaife, Carthage Foundations, and the John M. Olin Foundation. These -
undations are am ong the largest supporters o f nonpro fits that challenge environmental
gulations in federal coun . How's that for unbiased Judges and the possibility of a citizen of the
nited States receiving a full and fair hearing under the law?
berty Fund was founded by businessman Pierre F. Goodrich. The Liberty fund makes grants
rectly to conservative and libertarian organizations such as the Cato Institute, the Center for the
udy of Federalism, and the Political Economy Research Center. The Liberty Fund not only
.sts its own seminars for j udges, they also fund those of philosophically aligned groups. The
betty Fund has over 5202 million in assets and in 1997 alone spen t S1.6 million (1/5 of their
tal budget) sponsoring m eeti ngs and seminars for fed eral judges and other government leaders.
there is any doubt about the biased, unfair, and unconstitutional nature of the judici al make-up
d decisions that would rival any military coun in the land, then consider that all but one of the
dges currently sitting on the 4th Circuit Court of Appeals bench has previously worked with a
, DEMPTION MANUAL FOURTH EDITION 495

finn whose primary practice area was civil defense (big-business).
It is unusual that any attorney, let alone a conservative attorney, would dare to speak out against
the judicial system and its supporting agencies for several reasons, only some bei ng obvious. But
for me to sit in front o f some of the news shows night after night, hearing the debate over the
woes of the Military Courts and how we are known for o ur Civil and Criminal Due Process
Rights, and at the sam e time picturing in my mind the man y people who have been hoodwinked
and even ruined by thi s so called "just" system, is not tolerable to me. The Constitution is to be
honored in that it does provide the citizens of this country with due process and other very
valuable rights necessary to keep a society truly free. Unfortunately, as Thomas Jefferson and
many others have warned, the system is only as good as tho se who oversee it. Unfortunately,
those who presently oversee it are "Big-Business" and their advocates. \Vhy else would we be
willing to bail out the insurance industry, some of whom regularly deny otherwise valid claims,
hire fact-witnesses to lie, change doctor reports, etc., at the expense of the people and with total
"selective-ignorance" by the Courts and the State Bars who oversee attorneys who do this? In
fact, these attorneys who do thi s are sometimes our next Bar president or Judge. Only those who
fight this sys tem are harassed.
Was the Judge who said money is more important than reputation really telling the truth? Should
I just read some books so that I too will believe that is the "American Way?" It sure sounds like
it, as it is the present state of affairs which is being selectively ignored by those who should be
speaking for the people. The Constitution still exists for the protection of the people through due
process and other valuable rights. If we are going to ignore it daily, however, then at least let us
not pretend that there is a difference between Military and Civil/Criminal Courts.
As you can see, the Military or Civil Court debate is moot because the Military system is already
in place and has been in place for years, appli ed against our own shocked, but now "court-
hardened" citizens. Many of them are speaki ng out in frustration, because no media dares to
expose this oppression which is likened to the sad days of slavery in America. Atto rneys also
know what I am talking about, but until they value the peopl e more than their own pocket books
and their distinguished professional careers, then our profession will continue to claim that the
"Emperor has clothes" and that there is a difference between the uncon stitutional Military Courts
and the Civil/Crim inal Co urts by which the people are continually being terrori zed. As President
Bush has said, terrori sts need to be "rooted out." In this case. eith er the media is with the people
or with those who practice j udicial terrorism at the expense of our citizens. Come on American
Med ia -- start telling the whole story; "Let's Rol1."
Sincerely,
Linda L. Kennedy
Attorney at Law, Virginia
[email protected]
4 16 London St.
Portsmouth, VA 23704
(75 7) 397-45 00
(757) 397-006O-facsimi le
Copyrighted December 2,2001 by Linda L. Kennedy, Esq., Virginia

Th e fo llow ing article appeared in Th e American 's Bu lletin,
May/J une 2003 and is presented fo r your edification :
THE MYTHOLOGICAL MOTOR VEHICLE

By The Travelers Guide
From Webster' s New International Dicti onary, 2nd Edition:

Myth is defined as "1. A story the origin of which is forgotten, that ostensibly relates historical
events which ace usually of such character as to serve to explain some practice, belief,
institution...". Some people believe that they drive a motor vehicle, some actually do, most do
not.
A few vehicles powered by motors are beginning to appear on our m odem high ways. There were
a few vehicles powered by m otors as our society emerged from the horse and buggy mode. Most
were powered by, and still are. engin es.
.Th e Vehicle Code of the several states is a legitimate exercise of the police power reserved to the
states. The police power is exercised by Executive Branch Organizations, also known as
"agencies", and is intended to secure the health, safety and welfare of the publ ic. Police power
must be exercised within constitution al constraints inherent in the enabling clause, adopted upon
entry by each state to the Union. Under such constraint, poli ce power cannot impinge upon the
people's constitutionally secured righ ts.
Co mmercial interests, by nature. being dri ven by profit motive. have always been the object of
executive branch organization or state agency (hereinafter "agency") policing. Whil e many
businessmen are upri ght, the temptation is always at their elbow to cut a com er. Agencies. with a
few notable exceptions, establish and en force rules, consistent with their legislative mandate. to
protect the public from unscrupul ous business practices. in part by requiring examination and
licensing of various tradesmen and profession als. Th e legislative language of the state of Oregon
defining "license" is: "...pcnnission required by law to engage in any commercial activity. trade.
occupation or profession."
I am a former father who. out of co ncern for his son and children generally, devoted fourteen
co nsecu tive yeas to lobbyin g for family law reform. One of the bills I o pposed would. and now
does, provide th at a dead beat parent (at least we go t the dead beat (ad language gender
neutralized) could lose his or her dri ver license. The text legi slative session it was brought to the
legislature's attenti on that ex-spouses of doctors. lawyers, architects and other professionals were
entitled to equal protection against non-payment of child support. My dawning of consciousness.
a driver license is another profession al license! A license or privilege is granted by the state to a
qualified (maybe) person to protect the public from unscrupulous or incompetent business
operators. What th e state giveth the state may take away.

I had heard rumors that the Dri ver and M otor Vehicle Services Division (hereinafter DMV)
might be running a scam. My first "official " confirmation of this cam e from a trip to Multnomah
County's Central Library. While strolling the stacks, looking for the point at which to begin my
research, I was literally touched near m y knee by the General Laws of Oregon, 1921. The
"General Laws" is the term referring to legislative enactments made by Oregon's Legi slature
during the first half of the nineteenth century, now the same thin g is referred to as "Oregon
Law". These journals of legislative acti vity are distinct from the "Revised Statues", whi ch are
regularly edited into contextually appropriate volumes by, the: sta ff of Legislative Counsel (the
legislature' s attorney). If you want to look at General Law s at the Multnomah County Library
now, you must fill out a request slip aski ng that they be brought up from the basement.
In a "speci al session" of 1921, Oregon's Legislature exerci sed its police power in re-enacting the
Vehicle Code. To meet an emergency Created by the use of heavy haulers causing damage to the
publi c's highways, it was declared that all vehicles transporting persons and property for
compensation would be charged fees to offset the cost of maintenance and, along with their
operators, be subj ect to regulation.
Later, I wrote to the attorney for the Oregon Legislature, Mr. Greg Chaimov, and asked him
where the most recent legislative definition of motor vehicle was to be found. His un equivocal
answer was that it is to be found in the General Laws of Oregon & 1925 , Chapter 380. The
purpose paragraph, which appears above the text and provides context in a summary of the act, is
language very similar to the 1921 version. Legislative purpose is expressed as: We, the
legislature intend to "impose a charge upon motor vehicles for the use of such highways in the
transportation of persons and property for compensation..: ' In the definition section:
Motor Vehicle. "motor vehicle" means any self-propelled vehicle moving over the public
high ways ofthis state and not moving. operated, or driven upon fix ed rails or track: It includes
motor trucks and motor buses and trailers, semi trailers and other trailers used in connection
therewith
". • .
Note that "includes" is an exclusive tenn. That which is not within the list of "included" is not
there, unless the phrase "but not limited to" follows . In the 1925 re-enactm ent "compensation"
was de fined in minute detai l to include, but not limited to, barter, futures, and securities.
Apparently some truckers were hauling on the promise of a percentag e of the value of the load
they were transporting. Additionally classes of regul ated "motor vehicles" were established
based on weight and tire width.
In 1927. responding to police zeal in enforcement of the registration provisions of the Vehicle
Code upon businessmen's automobiles, the legislature inserted a paragraph describing a list of
business uses that are exempt from regulation. In no uncertain terms, our elected representatives
clarified that regulated "motor vehicles" are those actually transporting persons and property for '
compensation. Motor vehicles are not to be confused with those us ed to merely travel to sales
meetings or going somewhere incident to business. (Depending on what the subseq uent
legislative record shows, this could be the basis for penalties against peace officers for assailing
automobiles used by the public. Research yet to be done. )

To clari fy that everything running under its o wn power was not a "motor vehi cle" the 1927
legislature also added the de finit ion of "vehicle" as "every mechanical device moving by any
power", exc ept for human powered, and those operated over stationary rails. Highway was
defined on the sam e page as : all the places in th e state, including the streets and roads of
muni cipalities and counties, "used or intended for use by the general public for vehicles".
Ri ght of use of the highway by the public was understood in the early pan of the twentieth
century, perhaps because people were closer to their common law heritage. In 1983 the
legislative language de finin g highway was amended to include the word "open" and the phrase
.....or vehicular traffi c as a matter o f right". Thus, the "general public " uses every "mechani cal
device" on the highway, "as a matter of right? This right o f use is clearly contra-distinguished by
current statutory language which declares that subj ect to the provisions'of the Vehicle Code, the
state grants a privilege to "motorists" to "operate m otor vehicles" on the highway.
In 1929. realizing that there was more road work the state would like to do than could be covered
by th e licensing and registration fees. the legislature imposed a tax on fuel used by regulated
"motor vehicles" of three cents per gal lon. This is the same "motor vehicl e fuel tax " that today is
twenty-four cents per gal lon in Oregon . The motor vehi cle fuel tax. neither state nor fed eral, has
ever applied to every mechanical d evi ce powered by whatever means, used on th e highway by
the public. When the state tax was three cents per gallon. most people kn ew it didn't. Now th at
state and federal tax is almost 50¢ a gallon, most people pay it without a thought. How many of
your regularly paid taxes amount to anything like your "moto r vehicle fuel tax"?
The statutory language through the 1981Oregon Revised Statutes listed two types o f licenses.
"operator's" and "chauffeur's ". While there may be some confusion about the word "operator"
(even am ong citi zen legislators), m ost literate individuals understand that businesses "operate".
For those o f us who don't understand the b usiness conno tation of "operate", there is the
"Operator Manual", availab le at a DMV Branch near you. The manual clearly states that "Oregon
currently issues three classes of driver license; Class A commercial...• Class B commercial .... ,
and Class C commercial; ..". The manual is intended as a study guide for those wh o will be
employed to "operate" a vehicle for compensation.
When one looks to an era appropriate edition o f Black's Law Dictionary. the term
Operate...when used with relation to automobiles. signifies a personal act in wo rk ing the
mechanism of the automobile; That is, the driver operates the automobi le for the owner. but the
owner does not operate the automobile unless he dri ves it himself. Similarly.
Drtver. One employed in conducting or operating a...motor car. thou gh not a street railroad car."
And, C ha uffeu r . An operator who directly or indirectly receives compensatio n for operating
motor vehicle. Operators who dri ve jitneys in cities and towns for hire. Person employed or paid
to operate, drive and attend car.
By the term "era appropriate edition ", it is meant an edition which was published, or in use
during the earl y years of the Vehicle Cod e when the lan guage was being developed and "settled"
by the courts. The edition cited throughout thi s article is the fourth, with court citatio ns giving
rise to the defi nitions virtually identical to those cited in the third.

The most recent statutory definition of Chauffeur, which was deleted by Oregon Laws 1983,
Chapter 33 8 is consistent with Black's defi nition of driver an d chauffeur:
"Chauffeur means every person who is employed by anotherfor the principal purpose ofdriving
a motor vehicle carrying persons or propertyfo r compensation.. "
An exception under thi s de finiti on mak es it perfectly clear that the dividing line between dri vers
who are licensed and other highway use rs is the issue of compensation:
students operating vehicles, commonly known and used as private passenger vehicles, which are
not operated for compensation...
It is interesting to note that "passengers" are technically those who pay a fare to be transported
from one place to another (see Black's), but the legislature (or perhaps legislative counsel
comm ittee) qualified the use of "passenger" by the modifying phrases, "commonly known and
used as private..." and "not operated for compensation.." This mixing of terms by the legislature
should constantly be born in mind by readers of the law or statutes, because many of our elected
representatives have had just as faulty an education as most of the rest of us.
In 1931 the Oregon Legislature chang ed the wording in the definition of the tenn "vehicle" to:
"every device in upon or by which persons and properly is or may be transported upon the
highway".
By the time the Legislature began working on the major revision of the Code that is pretty much
what we see today, the original definition of "vehicle" had been reinserted, but with the addition
of a third exception, the devices that traveled under overhead trolley wires. The fact that the
definition has changed back and forth means that the charges were not substantive, and probably
were done by legislative counsel as an editing function.
The significance of the definition of "vehicle", either origi nal or current, cannot be
overestimated. Even though "vehicle" is not now expl icitly defined. there remains enough history
in its grammar, if you know how to conjugate English and have Black's Law Dictionary
definition of:
Transportation. The removal of goods or persons from one place to another, by a carrier
(canier is defined. as an entity engaged in the activity for hire).
Thus, every device whi ch "is", connotes those curren tly engaged in comm erce, and "may be"
means that by form, the vehicle could be, but is not now so engaged..
A casual read er without knowledge of the legislative language above might inquire why the
legislature, or legislative counsel would currently define the regul ated obj ect, motor vehicle, the
way it does:
O RS 801.360 l\loto r ve hicle. A vehi cle which is self-propelled or designed for self-propulsio n.

Unless it was intended to apply to everybody's car. nowhere in the Vehicle Code does it say that
"everybod y's car is a m otor vehicle". or that "the publi c operates". Most important however. is
the context in which the definition occurs. The legi slati ve language of 1925 providing adequate
context has been deleted, ostensibly for the sak e of simplification, but what remains is nearly
identical.
YOU can't tell what's in a book from the cover, but it is the first indication of context. When one
approaches a bookshelf loaded with the nineteen volumes of Oregon Revi sed Statutes, it can be
seen that Volume IS, is titled Business Regulations (Part 2), Volume 14 being Part 1. The
Vehicle Code is " Title 59" of Business Regulations (Part 2). Here's a bone for conspiracy buffs:
The subj ect matter indicated o n Volume IS's cover does have Business Regulations (Part 2) in its
lead line, but each of the "sub headings" are in the same font, laid out in lines, and separated by
sem i-colons as thou gh listing things of similar importance. In contrast, Volume 14 has Business
Regulations (Part I) as the lead line, but what follows is in much smaller font, in a column
centered under it (so the list is literally "sub headings"). When the reader flips past the fly leaf to
the table of contents, the format for both volumes is identical, and of course Business
Regulations is not one of the listed "Titles" .
I had a talk with Legi slative Counsel Chaimov about the inconsistency in formatting and
apparent misuse of the semi-colons in 200 I. Because he had no legitimate explanation for the
way the covers look, I wrongly assumed that corrections would be made in the 2002. 2003
version of the Oregon Revised Statutes.
Unfortunately for peace officers and personnel of the DMV, they are regularly provided an
excerpt of Business Regulations (Fart 2) called the Vehicle Code Handbook, so they never get to
see the primary contextual statement. I personally conducted a poll of peace officers, asking
whether they enforce business regulations. None knew that they did, and most were adamant that
they didn't.
In reading statutes. it is always a good idea to read the policy statement that precedes the
substance, and the definition section. When people do not comprehend context, they som etimes
believe that the law is a complicated thing because of all the numbers thrown in with the text.
This is not a complicating fact or at all, but rather a means of referencing, so that contextualizing
sentences and paragraphs do not have to constantly be restated, but are nevertheless explicitly
referred to. One parti cularly well contextualized passage that is not interspersed with reference
numbers, describes the offense of "operating motor vehicles without grant of driving privilege"
(ORS 807.010). In this passage the grammatical technique of contradistinguishing is employed:
"...every person who operates a motor vehicle on the highway or premi ses open to the public .c,"
must have a license. Two kinds of people are explicitly mentioned in this sentence. persons who
operate motor vehicles,
and the Public for whom the highway is open. The legislature (or legislative counsel) did a great
j ob conveying the intent of the Vehicle Code with this particular section of law, as the phrase
"open to the public". excerpted from the language defining "highway" used by the public by
right, makes it clear that the public is not the subj ect of regu lation. The language in the financial
responsibility paragraph (D RS 806.010) just happens to use exactly the same phrasing as who
must be licensed.
RED EMPTION MAN UA L FOURTH EDITION 501

In 1983 the legislature extensively reorganized the Vehicle Code with this stated intent, "It is not
the intent of the Oregon Legislative Assembly to change the law by enacting this revision if the
Oregon Vehicle Code...''. They go on to say: "The intent of the assembly is to make the law
relating to vehicles easier to use, amend, and understandably simplifying the language .. ... They
emphasize their intent not to change the law by stating: "Every agency of this state, every court,
and every person shall consider the revision to be a continuation of the vehicle laws in effect on
the effective date of the revision".
Needless to say, the statement of legislative intent does not routinely make it into the Oregon
Revised Statutes. So by confining one's research to the statutes, essential context can not be
taken into account. For examp le "drive" is one of the most crucial words of the Vehicle Code. If
one does not refer to Oregon Laws, chapter 338, to read the legislative intent, and then find the
1981 definition of chauffeur who is employed to "drive", how would one know? It should be
noted that there is one reference left in today's Vehicle Code to chauffeur. The paragraph at DRS
802.070 provides that the DMV will funnel money into schools to teach students about
chauffeur's and operator's licenses. Call your local high school's driver training program to find
out just what students are learning and see what happen s.
If one does not know what a "driver" is, then comprehending what a "Driver license" allows is
impossible. Throughout the Vehicle Code one sees the term "license", which is to be used
interchangeably with "Driver license" (DRS 801. 245). Usually the crucial words of any given
code are defined at the beginning. In the Vehicle Code, one will not find the definition of
"License". Historical note: In 1985 the Attorney General's Office supported a bill to change the
definitio n of license. The reason given, was that they had been involved in several lawsuits over
what a driver license is and hoped that by obscuring the meaning they would not have to keep on
arguing this issue (SB 118 of 1985).
Though most of the Vehicle Code bears a footnote indicating revision in 1983, the Legislative
Session of 1985 capped the four year project. This business had been going on during the interim
session as well as during regular session. In April of 1985 a lobbyist from the DMV visited the
joint sub committee on Transportation to lobby fo r a law to allowing the DMV to adopt rules so
that they could title and register vehicles which are exempt from the titling requirements, Senate
Bill 124-A. The lobbyist explained -that under the previous language it was obscure to which
vehicles needed to be titled, but the new language was now so clear that steps had to be taken.
She brought along an exhibit supporting SB I24-A labeled Exhibit B and signed in behalf of her
boss, the director of the DMV. Frank adm ission was made in this document acknowledging that
the DMV had been titling and registering vehicles without authorization. While the document
says they were "histori cally" doing what they were not authorized to do, during sub committee
sessions it was generally acknowledged that it had been going on longer than anyone in the
room could remember. In the official minutes of the sub committee, the word "illegal" is used to
describe the practice which the lobbyist low wanted authorization to do. Just to confirm what the
document said, the chairwoman, who was later to become one of Oregon's more notab le DMV
directors, asked if there would be any changes as a result of this bill's passage. The lobbyi st
reiterated that there would be no change, not even in tie fees that they were currently charging
without authorization.

Most significant was the lobbyist's testimony that no change to the titling requirements was
proposed, because "titling depends on use". While the lobbyist repeated this several times during
her appearances before the sub committee, she never actually said what the "use" was. There was
some discussion about making certain "types" of vehicles subject to registration . There was even
a suggestion that it might be easier if every vehicle with a motor in it was required to be titled,
but the lobbyist told her listeners that every vehicle which could be titled and registered was
potentially exempt because it is use that determines.
The point I will make here about SB I 24-A. and there are others. is that it resulted in the current
DRS 803.035, "Optional titling rules". This paragraph provides that "upon request of an
owner...", any "otherwise exempt vehicle" may titled by the DMV. When DMV accepts the
owners money and becomes title holder in fact. the vehicle becomes subject to all the provisions
of the Vehicle Code. Of course tie owner sets the benefit of one fonn of proof of right to
possession. Exhibit B actually contends that this is a benefit owners "sometimes want" . The
bottom line is. "If this authority were not continued. there would be some loss of revenue". Slight
misstatement, the purpose of the bill was to obtain authority never possessed by the DMV, but
the previous sentence says, "if this authority were not continued".
Options are always nice to have. Did anyone at the DMV ever tell you about their optional titling
program? Of course, anything that can be opted into, has to have an opt out protocol. The very
next paragraph, DRS 803.040, which was part ofSB 124·A, says that, an optionally titled vehicle
will so remain "until the owner uses a method recognized or established by the department to
establish the vehicle is no longer subject to the provisions of the vehicle code". That sounds
pretty inviting. Who knows what the method is? Who's going to say, even if he or she knows?
I don't have all the answers, but I am involved in processes which are leading to more
information. I have used a method which must be recognized by an agency with repeated results.
twice. That resulted was that the agency did not contest the method. and declined to engage in
agency review of the implication of their default.
After I obtained the minutes of these meetings, I had to have the audio tapes. The archivist who
filled my order told me that I was the first to ever purchase these records. Because I have met
many people who know something about the DMV scam and articulate their aggravation, if not
hostility. I fo und it amazing that I am the first to pull these records. The Senator who chaired the
Senate Transportation committee and the joint sub committee and who became the director of
DMV. found it so amazing that I had photo copies of her eighteen year old meetings that she had
to break off abruptly from the pleasantries of sharing a lane' with me.
It is hoped that by including many source citations readers will be encouraged to research for
themselves. There may be readers who would like to exchange information or reimburse me fo r
research and materials. I have hard copy of all documents referred to, plus Public Record Law
Demands which were made to establish the non-existence of a record. Much of the records are
formatted to compact disk. There are audio tapes of four 1985 joint sub comm ittee on
Tran sportation meetings, two House Transportation Committee meetings, and one Senate
Transportation Committee meeting on sa 124-A. These tapes have been edited down to a

presentation that can be made in one hour. The edited tape also has reference to bills to change
definition of driver license and classes of licenses.
If the reader would like to order the 'MYTH ' document package, send 530 blank money order
to:
The Travelers Guide

d o Rod Knox P.O. Box 5755
Portland, Oregon 197228)
REDEMPTION MA NUAL FOURTH EDm ON 504

SECTION VIII
AFFIDAVITS

THE AFFIDAVIT
The modem world of human affai rs would grind to an immediate halt if the fundamental truths
and underlying facts in any matter or transaction could not be established or asserted-a bill, an
oath, a ledgering or bookkeeping, a statement of facts, are the life blood of the legal and
commercial world. These and more are all examples af the Affidavit.
The affidavit, when properly used, especially when leveraged by your standing as a secured
party, is the most powerful instrument available in protecting, defending, and assert ing your
sovereignty. For this reason, it is incumbent upon you to become practiced in its use and in your
ability to recognize its many forms.
AFFIDAVITS BACK ALL ADHESION CONTRACTS

If you are unable to recognize when affidavits are being solicited, you may be the unwitting dupe
of another parties attempt to create a b inding contract. By the signature of your own hand, or
before you became of legal age, the signature of your parent or other authority such as a
physician, have been signing you into bondage since you were born. Certificate of Live Birth,
appli cation for a driver's licens e, and IRS form 1040, a voters registration, and every single
document that the system desires others to be bound or obligated by, is, or requires, an affidavit.
When signed, they represent an oath, or Commercial Affidavit, executed under penalty of
perjury, "true, Correct, and comp lete". Affidavi ts may also occur in a court setting where
testimony (oral) is stated in j udicial terms by being sworn to be "the truth, the whole truth, and
nothing but the truth, so help me God." In chapter 5 we will explore some strategies that you can
use to avoid this solicitation to contract.
MAXIMS OF THE AFFIDAVIT
Before we get into the structure, fonn, and requirements of the fonnal affidavit, with exampl es,
let's develop a deeper comprehension and understanding of the purpose, and important maxims
that govern their use.
I. First and foremost, in commerce, truth is so vereign-and the Sovereign tells on ly the
truth. Your word is y our bond. If truth were not sovereign in commerce, i.e., all human
action and inter-relations, there would be no basis for anything. No basi s for law and
order, no accountability. there would be no standards, no capacity to resolve anything. It
would mean "anything goes", "each man for himself", and "nothing matters ". That's
worse than the law of the jungle. "To lie is to go against the mind". Oriental proverb :
"Of all that is good, sublimity is supreme."

2. In commerce fo r any matter to be resolved, it must first be expressed. No one is a mind
reader. You have to put your position out there- you have to state what the issue is in
order to have something to talk about and resolve. A person must put himself on the line
and assume a position, take a stand, as regards the matter at hand. One who is not
damaged, put at risk, or willing to swear an oath on his commercial liability for the truth
of his statements and legitimacy of his actions, has no basis to assert claims or charges
and forfeits all credibility and right. Legal Maxim:
"He who fails to assert his rights has none."
3. He who leaves the battlefieldfirst, looses by default. This means that an affidavit which is
uri-rebutted point for point stands as "truth in commerce" becaus e it hasn't been rebutted
and has left the battlefield. Governments allegedly exist to resolve disputes, conflicts and
truth. Governments allegedly exist to be substitutes fo r the dueling field and the
battlefiel d for disputes. Conflicts of affidavits of truth are resolved peaceably, reasonably,
instead of by violence. So people can take their disputes into court and have them all
opened up and resolved, instead of going out and marching ten paces and turn ing to kill
. or injure. Legal Maxim:
"He who does not repel a wrong when he can, occasions it".
4. An un-rebutted affidavit stands as truth in commerce. Claims made in your affidavit if

not rebutted, emerge as the truth of the matter. Legal Maxim :
"He who does deny, admits."
5. An un-rebutted affidavit becomes the judgment in commerce. There is nothing left to

resolve. Any proceeding in a court, tribunal, or arbitration forum consists of a contest, or
duel, of commercial affidavits wherein the points remai ning un-rebutted in the end stand
as truth and matters to which the judgment of the law is applied.
6. A lien or claim can be satisfied only though a point by point rebuttal of an affidavit,
resolution by j ury, or payment.
No court or j udge can overturn or disregard or abrogate somebody's affidavit. The only one who
has any capacity or right or responsibili ty or knowl edge to rebut your affidavit, is the on e who is
adversely affected by it. Just as no one can know what your truth is. it's the affected parties
responsibility and obligation to issue their own affidavit and to speak on their own behalf.
COMMERCIAL LAW IS PRE-JUDICIAL

Another important concept to understand as a sovereign, if you should go before the court,
REDEMP TION MANUAL FOURTH EDITION 507

because it establishes the basis for keeping your matter in the private, is that Commercial Law is
non-judicial, in fact, pre-judicial (not prej udice). It is the only foundation by wh ich government
or any court system can pos sibly exist or function. All that co urts are ultimately adjudicating and
making rules about, are the fundamental precep ts of Commercial Law.
Now to get an idea of all the fun that you've been mi ssing out on by not knowing about
affidavits, not even .knowing that you could AS K FOR ONE, here is an example of how to
leverage your knowledge of Commercial Law and the power of the affidavit.
In commerce there are two phases; assessment, and collection. The Assessment aspect, is about
determining who owes who, what, why, how much, and for what reason. The collection aspect is
based in Intern ational commerce that has existed for more than 6000 years. It is based on Jewish
Law and the Jewish grace period, which is in units of three; three days, three weeks, three
months. This is why you get 90day letters from the IRS.
Remember, commercial processes are non-judicial. They are sum mary processes (short, concise-
without a jury).
THE POWER OF THE AFFIDAVIT

Now, the IRS creates the most activity of Commercial Collection in the entire world. The
collection process is relatively valid, although the IRS is not regi stered to do business in any
state. Did you understand what you just read? The IRS is NOT REGISTERED TO DO
BUSINESS OR PERFO RM COMMERCIAL MATIERS IN ANY STATE. So how do they get
all the money they get? ANSWER: because you give it to them without requesting a proof of
claim from them or even if they were "licensed" to giv e you offers based on " arb itrary"
estimations .
However, thi s is where things get very interesting. Remember the assessment phase? T HERE IS
NO VALID ASSES SMENT. The IRS has, and never can, and never will, and never could,
EVER issue a valid assessment lien or levy. It's not possibl e.
First of all, in order for them to do that there would have to be paperw ork, a True Bill in
Conunerce. There would have to be sworn Affidavits by someone that this is a true, correct and
complete and not meant to deceive, which, in commerce is, essentially "the truth, the whole truth
and nothing but the truth" when. Now, nobody in the IRS is going to take commercial liability
for exposing themselves to a lie, and have a chance for people to come back at them with a True
Bill in Comm erce, a true accounting. Thi s means they would have to set forth the contract, the
fo undational instrument with your signature on it, in whi ch you are in default, and a list of all the
wonderful goods and services for which you owe them money; or a statement of all the damages
that you have caused them, for whi ch you owe them.
To my knowledge, no one has ever received goods or service from the IRS for which they owe
money. I personally don't know of anyone that has damaged anybody in the IRS that gives them
the right to come after us and say that "you owe us money because you damaged me". The
assessment phase in the IRS is non-existent, it is a complete fraud.

This is why these rules of Commercial Law come to our rescue. T. S. Eliot wrote a wonderful
little phrase in one of his poems:
"We shall not cease from exploration, and the result of all our exploring will be to arri ve
at the place at which we began and know it for the first time."
This is the beginning, and this is the end. This closes the circle on the process.
One reason why the super rich bankers and the super rich people in the world have been able to
literally steal the world and subj ugate it, and plunder it, and bankrupt it and make chattel
property out of most of us is because they kn ow and use the rules of Commercial Law and we
don't.
Because we don't know the rules, nor use them, we don't know what the game is. \Ve don 't know
what to do. We don't know how to invoke our rights, remedies and recourses. We get lost in
doing everything under the sun except the one and only thing that is the solution.
No one is going to explain to you what and how all this is happening to you. That is never going
to happen. These powers-that -be have not divulged the rules of the game. They can and do get
away with complete fraud and steal everything because no one knows what to do about it.
SOLUTION
What CAN you do about it? YOU CAN ISSUE A CO MMERC IAL AFFIDAVIT. You don't
have to title it that, but that's what it is. You can assert in your affidavit, "1 have never been
presented with any sworn affidavits that would provide validity to your assessment. It is my best
and considered judgment that no such paperwork or affidavit exists." At the end of this
document, you put demands on them. They must be implicit and then you state, "Should you
consider my position in error . . ."
You know what they have to do now, don't you? They must come back with an affidavit which
rebuts your affidavit point for point, which means they have to provide the paper work with the
real assessment, the true bill in commerce, the real sworn affidavits that would make thei r
assessment or claims against ~ou valid.
No agent or attorney o f a fictitious entity can sign an affidavit for the corporation. How can they
swear as fact that the corporation has done or not done ANYTHING? They do not have the
standing. They cannot and never will provide you with this. This means your affidavit stands as
truth in commerce.
Note: An even more streamlined and sophisticated approach in dealing with the IRS is to
send them a package with a letter and an IRS power of attorney requesting a
determination of your tax status. This is more powerful because you have completely
drawn them into your power. Now they have two choices, sign the papers you have given
them permission to prepare on your behalf, UNDER PENA LTY OF PERJURY, or give

you a determination. This approach puts you out of the busin ess of having to ' prove that
your not a taxpayer' by offering them the opportunity to admit this themsel ves. Or they
can fill out their own death warrant. Which do you think they will choose?
DEFINITIONS
In its formal expression, An affidavit is a statement of facts that chro nicle the even ts of a
particular commercial or legal matter, reduced to writing, and sworn to or affirmed before a
person legally autho rized to administer an oath or affirmatio n such as a notary. The person
making the statement is technica lly known as the affiant or deponent. Th e affi davit usually
contains statements that you can attest to, based on your experience, and may also con tain
statements based on the observations of others if you indicate th is by adding that the information
is based on your "information and belief.
You may sometimes see affidavits titl ed and referred to as "Affidavits of Truth" or "Affidavi ts of
Facts". This is informal and redundant-all affidavits are abo ut truth and facts . Here are some
form al definitions and types of affidavits and the de finiti on for declaration since this is used in
the definition for affidavit from Blacks Law 6tb Edition:
I. Affidavit. A written or printed declaration or statement of facts, made voluntarily, and

co ntinned by the oath or affirmation of the party making it, taken before a person having
authority to ad minister such oath or affirmation.
2. Affidavit of d efen se. An affidavit stating that the defendant has a good de fen se to the
plaintiff' s action on the merits; e.g. affidavit filed with motion for surrunary j udgment.
3. Affidavit of inqui ry. By co urt rule in certain states. substituted service of process may be
had on absent defendants if it appears by affidavit of plaintiff' s attorney, or other person
having knowledge of the facts, that defendant cannot after diligent inquiry. be served
within the state
4. Affidavit of merits. One setting forth that the defendant has a meritorious defense
(substantial and not technical) and stating the facts constituting the sam e. Sec affidavit of
defense.
5. Affidavit of notice. A sworn statement that affi ant has given proper noti ce of hearing to
other parties to action.
6. A ffidavi t of service. An affidavit intended to certify the service of a writ, notice,

summo ns. or other document or process. In federal courts. if service is ma de by a person
other than a United States Marshall or his deputy, he shall make affidavit thereo f.
7. Affida vit to h old to bail. An affidavit required in many cases befo re the defendant in a
civil action may be arrested. Such as affidavit m ust contain a statement, clearly and
certainly expressed, by someo ne acquainted with the fact, of an indebtedness from the
defendant to the plaintiff. and must show a distinct cause of actio n.

8. Declaration. A common-law pleading, the first of the pleadings on the part of the
plaintiff in an action at law, being a form al and methodical spec ification of the facts and
circumstan ces constituting his cause or action. It com mo nly comprises several sections or
divisions, called "counts", and its formal parts follow each other in this general order:
Title, venue, commencement, cause of action, counts, conclusion. The declaration at
common law, answers to the "libel" in ecclesiastical and admiralty law, the "bill" in
equity, the "petition" in civil law, the "complaint" in code and rule pleading, and the
"count" in real actions. The term "complaint' is used in the federal courts and in all states
that have adopted Rules of Civil Proced ure.
ELEMENTS & FORMATS
There are two forms of the affidavit, court brief format and letter. If your matter is private, use
the letter format. The court brief format requires a case number and must be in the standard legal
form. If you write an affidavit in a private matter which then ends up in the courts, you could
rewrite it in legal format; however, it is not nec essary since you can submit the affidavit in letter
form as an exhibit.
On the facing page is an example of the court brief form of a generic a ffidavit. You can use it as
a template for creating your own. The required elements in order are the Title,
Venue, notice, introduction. statements of fact, date and signature block, and the notary block for
notary inform ation and seal.

The follow ing Affi davit is Bare Samp le format :
AFFIDAVIT
OREGON STATE )
} Scilicet.
County of Jackson )
"lndeed . no more than (affidavits) is necessary to make the prima

facie case: United Slates v , Kis, 658 F.2no:l, 526, 536 (711'l Cir. 1981);
Cert Denied. 50 U.S. LW. 2169; S. Ct. Maceh 22.1982
That I, ' a living breathing man (or woman), being first duly sworn, depose and
say and declare by my signature that the following facts are true to the best of my knowledge and belief.
THAT, on
THAT.
THAT
Further Affiant Sayth Not.
Done this _ _ day of February 2004 A.D.
Your name - Affiant
ACKNOWLEDGEMENT
SUBCRIBED TO AND SWORN before me this day of =T:'===C::-~'
A.D. 2003, a Notary, that , personally appeared and known to
me to be the man whose name subscribed to the within instrument and acknowledged to be
the same.
Notary Public in and for said State

My Commission expires; _
NOTE; If you are going to use an affidavit i n support of a critical point that others have
experience on, we suggest tha t you ask t hose individuals come forwa rd and provide their
own affid avit i n suppo rt of you r case . The w eight of 10 or 20 affidavits as compared with
just a few, delivered wi th all t he legal fo rce possible, is ha rd t o overtook or dismiss.

The following Affidavit is an example and does appear on the CD!
AFFIDAVIT OF TRUTH
PENNSYLVAINA STATE )
) SS .
Cou nty of Philadelph ia )
"Indeed. no more than (affidavits) is necessary to make the

prim a facie case : United States v. Kis. 658 F.~t 526 , 536 (7th
Cir. 1981); Cert Denied. 50 U.S. L.W. 21 69: S. Ct. March 22.
1982
That I, Benjamin Freedom Frank lin, a livi ng breathing man, being first du ly sworn , depose
and say and declare by my signature that the following facts are true, correct and complete to
the best of my knowledge and belief.
TH AT, the Affiant is a flesh and blood man, and is sovereign in a colle ctive capacity wi th
other sovereigns.
THAT , the Affiant's rights •...existed by the law of the land long antecedent to the
organization of the State: (Hale v . Hen kel, 20 1 U.S. 43 )
THAT, the Affiant's rights exist even in light of the U.S. Bankruptcy aka The National
Emergency and that includes the right of redemption .
THAT, under Article I, Section I of the Oregon Constitution , "the people have all power" and
the Affiant as one of the people that can exe rcise any power.
THAT, Affia nt is 'of the people' and is above the corp orate government called 'State of
Oregon' I STAT E OF OREGON, operating in a de-facto bankrupt capacity/status.
THAT, Affiant filed a UCC Financing Statement (UCC-1) in Pennsylvan ia State, UCC Filing
Number 7112-862-4129-5 on October 10, 2004 , to perfect a security interest to initiate
redemption as a matter of right.
THAT, the Affiant is the Secured Party cred itor and auth orized representative of the
corporate fiction-entity / Debtor (Ens leg is) identified as BENJAMIN FREEDOM FRANKLIN

under necessity.
THAT, Affiant caused to be filed , a Superior Security Interest and Lien upon the property of
the Debtor and in the Debtor's name filed first in line and first in time, over and above the State
of Oregon and that all property is exempt from levy.
THAT, the State of Oregon cannot show nor provide a superior interest in the said property
as identified upon the Security Agreement held by the Affiant. (see for reference; Wynhammer
v . People, NY 378).
THAT, the AffianUSecured Party is flesh and blood and the corporate fictionlDebtor/ Ens
legis as appearing upon any UCC filing is 'artificial' and was created in the conte mplation of law
(commerce) AND THE lWO ARE NOT THE SAME, FOR ONE IS REAL, THE OTHER IS
FICTION.
THAT, any discrimination or injury caused by the State of Oregon to recognize the two
distinct entities. the one real and the other artificial agrees to such injuries and to the associated
damages as established by the Affiant and the State, by and through it's agents by said
agreement. is estopped from defense or rebuttal in the matter and agre es that the Affiant may
proceed by Tort for damages.
THAT, this Affidavit if not rebutted point for point by any man, representing the State of
Oregon at any level, in any matter, at any time within 7 days upon receipt, these facts stand as
true in the both the private and public record ... as true .
NOTE: Maxim of Law; 1. In Commerce - Truth is sovereign. 2. For a matter to be resolved,

it must be expressed. Point of Law - Silence equates to agreement.
Further Affiant Sayth Not.
Done this 4 day of .July 2004 A. D.
"Without Prejudice-
rBen jamin 'Freedom. 'Fran&{jn

for BEN~AMIN FREEDOM FRANKLINc , ENS LEGIS

ACKNOWLEDGEMENT
SUBCRIBED TO AND SWORN before me this 4th day of July. A.D. 2004, a Notary,
that Benjamin Freedom Franklin, personally appeared and known to me to be the man whose
name subscribed to the within instrument and acknowledged to be the same.
u:==========-
Notary Public in and for said State -- Seal Official Notary Seal
My Commission expires; _ Goes here
But this box does not appear on your
finish ed affidavit!
Th e f ollowing Affidavit is used after Cond itional Acc eptance f or Value for Proof of Claim:
Certified Mail Number _
John Henry Doe

do 6880 S. Broadway
Tucson, Arizona 8574 6 The following is Sample Format.. .
Secured Party Understand what is being said and do ne
and make any necessary changes on a
Dan the Man d.b.a. 'case by case basis!' Word s in Bold are to
Loa n Resolution Specialist be changed as to your matter. Use
SHYSTER BANK common sense.
1665 Palm Beach Lakes Blvd. Remove th is text box f rom yo ur
West Palm Beach Fl., 33401 Respondent Finis hed document!
RE: Account #- _
Contract # _
AFFIDAVIT OF NOTICE OF DEFAULT
State of )
) ss
_ _ _ _ _ county )
NOTICE TO AG ENT IS NOTICE TO PRINCIPAL

NOTICE TO PRINCIPAL IS NOTIC E TO AG ENT
I, , herein 'Affiant,- having been duty swam, declares that by

affidavit that of the non-response of the Respondents/parties to the contract ent itled , CONDITIONAL
ACCEPTAN CE FOR VALU E FOR PROOF OF CLAIM (CAFV), hereinafter, are in full agreement
reg arding the following:

1. THAT Affiant is competent to state the matters included in his/her declaration, has knowledge of the
facts, and declared that to the best of hislher knowledge, the statements made in hislher affidavit are true,
correct, and not mea nt to mislead;
2. THAT Affiant is the secured party, superior cla imant, holder in due course, and principal creditor ha ving
a registered priority lien hold interest to all property held in the name of the Debtor; JOHN HENRY DOE.
evidenced by UCC-I Financing Stat ement # filed w ith the Secretary of State of the
State of _
3. THAT Respondent, Dan the Man, is herein addressed in his private capacity. but in his public capacity
as director, agent, Governor, .. . or ••.a citizen and resident of the State of and
is participating in a commercial enterprise with his co-business partners (or employees), including but
not lim ited to State, Corporation, SHYSTER BANK, etc., hereinafter collectively referred to as
"Respondent":
4. THAT the goveming law of this private contract is the agreement of the parties supported by the Law
Merchant and applicable maxims of law;
5. THAT Afftant at no time has willingly, knowingly, intentionally, or voluntarily agreed to subord inate their
position as creditor, through signature, or words, actions. or inaction's;
6. T HAT Affian t at no time has req uested or accepted extraordinary benefits or privileges from the
Respondent, the United Slates. or any subdivision thereof;
7. THAT Affiant is not a party to a valid contract with Respondent that requ ires Affiant to perform in any
manner, inclu ding but not limited to the payment of money to Respondent;
8. THAT on Septem ber 22,2002, Affiant sent a CONDITIONAl ACCEPTANC E FOR VA LUE FOR
PROOF OF CLAIM (document for discovery) to the Respond ent requesting proof of cla im as to the loan
contract # , (or whatever the purpose was of the CAFV) in reg ards to proof of what w as
loaned , bank money or bank credit (or whatever), and other various proofs of cla im to support a valid
lawful contract.
9. THAT Respondent had 10 (o r 7 or 3 d epend ing upon ci rcumst ances and t ime!) days to respond
with proof of cla im, point for point, however elected to rema in silent or otherwise refu sed to provide said
proof of c1aim(s) and therefore has failed to state a claim upon which relief can be granted and has
agreed and stipulated to the facts and agreed that the undersigned Secured Party can only discharge
said debt via the remedy provided by Congress via HJR-192 with Bill of Exchange or other appropriate
commercial paper.
10. THAT Respondent has dishonored Affiant's CAFV by not providing Proof of Claim(s) in respect to
their Loan Contract, ect. This dishonor in naw deemed a charge against the Respondent.
Further Affiant sayth not.

Dated this day of ~, 2004 .
Your Name Here . Affiant
ACKNOWLEDGEMENT
As a Notary Public for said County and State, I do hereby certify that on th is day of
_ _ _ _ _ _ _ _ _ 2004 the above mentioned appeared before me and executed the foregoing.
REDEM PTI ON MANUAL FOURTH EDITION 516

Witness my hand and seal:
====
Notary Public
(seal)
My Commission expires _
NOTE; A s you have learned, make adju stments as to your ' sig nat ure' block(s ) on all your
documents.•. w here you si gn, i.e.:
Without Prejudice
Authorized Representative- Attorney-In-Fact
...Your name here •••, Secured Party, in behalf

of DEBTOR NAME HERE©, Ens legis

The following affidavit is an EXCEPTIONAL affidavit as to i t ' s content, it is
incl ude d here for your edification:
STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND
)
BANK ONE, N.A.• ) Case No. 03-04744a.GZ
)
Plaintiff, ) Hon. E.. Sosnick
)
v. ) AFFIOAVIT OF WALKER F. TOOO,
) EXPERT WITNESS FOR DEFENDANTS
HARSHAVARDHAN DAVE and )
PRATIMA DAVE. jointly and severally, )
)
Defendants. )
Harshavardhan Dave and Pratima H. Dave Michael C. Hammer (P4170S)

CIa 5128 Echo Road Ryan O . Lawl or (P64693)
Bloomfield Hills, M148302 Dickinson Wright PLLC
Defendants, in propria persona Attorneys for Bank One, N.A.
500 Woodward Avenue, Su ite 4000
Detroit, Michigan 48226
(313) 223-3500
Now comes the Affiant. Walker F. Todd . a citizen of the United States and the Slate of
Oh io over the age of 21 years, and declares as follows, under penalty of perjury:
1. That I am familiar with the Promissory Note and Disbursement Request and Authorization,
dated November 23. 1999, together sometimes referred to in other documents filed by
Defendants in this cas e as the "alleged agreement" between Defendants and Plaintiff but
called the "Note" in thi s Affidavit. If called as a wi tness, I would testify as stated herein. I
make this Affidavit based on my own personal knowledge of the legal , econom ic, and
historical principles stated herein, except that I have relied entirely on documents provided to
me, including the Note, rega rding certain facts at issue in this case of which I previously had
no direct and personal knowledge. I am making th is affida vit based on my experience and
expertise as an attorney. economist, research writer, and teacher. I am competent to make

the following statements.
PROFESSIONAL BACKGROUNO QUALI FICATIONS
2. My Qualifications as an expert w itness in monetary and banking instruments are as follows.
For 20 years, I worked as an attorney and legal officer for the legal departments of the
Federal Reserve Banks of New York and Cleveland . Among other things, I was assigned
responsibility for Questions involving both novel and routine notes, bonds , bankers'
acceptances, securities, and other financial instruments in connection wit h my work for the
Reserve Banks' discou nt windows and parts of the open market trading desk fun ction in New
York. In add ition , for nine years, I worked as an economic research officer at the Federal
Reserve Bank of Cleveland . I became one of the Federal Reserve System's recoqnized
experts on the legal history of central bank ing and the pledg ing of notes, bonds, and other
financial instruments at the discount window to enable the Federal Reserve to make
advances of credit that became or cou ld become money. I also have read extensively
treatises on the legal and financial history of money and banking and have published several
articles covering all of the subjects just me ntioned. I have served as an expert witness in
several trials involving banking practices and monetary instruments. A summary biographical
sketch and resume ind udi ng further details of my work experience, readings, publications,
and education will be tendered to Defendants and may be made available to the Court and to
Plaintiffs counsel upon req uest.
l:lENERALLY ACCEPT ED ACCOUNTIN G PRINCIPLES
3. Banks are req uired to adhere to Generally Accepted Accounting Principles (GAAP). GAAP
follows an accounting convention that lies at the heart of the double-entry bookkeeping
system called the MatChing Principle. This princip le works as follows : When a bank accepts
bullion , coin, currency, checks, drafts, promissory notes, or any other similar instruments
(hereinafter "instru ments") from customers and deposits or records the instruments as assets ,
it must record offsetting liabilities that match the assets that it accepted from cus tomers. The
liabilities represent the amounts that the bank owes the customers, funds accepted from
customers . In a fractional reserve banking system like the United States bank ing system,

most of the funds advanced to borrowers (assets of the banks) are created by the banks
th emsel ves and are not merely transferred from one set of depositors to another set of
borrowers.
REL EVANCE OF SU B TL~OISTI NCTIO NS ABOUT TYPES OF MONEY
4. From my study of historical and econom ic writings on the subject, I conclude that a common
misconception abou t the nature of money unfortunately has been perpetuated in the U.S.
monetary and banking systems, especially since the 1930s. In classical eco nomic theory ,
once economic exchange has moved beyond the barter stage, there are two types of money:
money of exchange and money of account.. For nearly 300 years in both Europe and the
United States, confusion about the distinctiveness of these two concepts has led to persistent
attempts to trea t money of account as the equivalent of money of exchange. In reality,
especially in a fractional reserve banking system. a com paratively small amount of money of
exchange (e.g., gold , silver. and offici al currency notes) may support a vastly larger quantity
of business transactions den ominated in money of account. The sum of these transactions is
the sum of credit extensions in the economy. W ith the exception of customary stores of value
like gold and silver, the monetary base of the economy largely consists of credit instruments.
Against this background, I conclude that the Note. despite some language about
"'awful money" explained below. clearly contemp'lates both disbursement of funds and
eventual repayment or settlem ent in money of account (that is, money of excha nge
would be welcome but Is not required to repay or settle the Not'iU.- The factual basis of
this conclusion is the reference in the Disbursement Request and Authorization to repayment
of $95,905.16 to Mich igan National Bank from the proceeds of the Note. That was an
exchange of the credit of Bank One (Plaintiff) for credit apparently and previously extended to
Defendants by Michigan National Bank. Also, there is no reason 10 believe that Plaintiff
wou ld refuse a substitution of the credit of another bank or banker as com plete payment of
the Defendants' repayment obligation under the Note. This is a case about exchanges of
money of account (credit), not about exchanges of money of exchange (lawful money or even
lega l tend er).

5. Ironically, the Note explicitly refers to repayme nt in "lawful money of the United States of
America- (see "Promise to Pay" clause). Traditionally and legally, Congress defines the
phrase "lawful money" for the United States. Lawful money was the form of money of
exchange that the federal govemment (or any state) could be requ ired by statute 10 receive in
payment of taxes or other debts . Trad itionally. as defined by Congress, lawful money only
included gold. silver, and currency notes redeemable for gold or silver on demand. In a
banking law context. lawful money was only those forms of money of exchange (the forms
just mentioned. plus U.S. bonds and notes redeemable for gold) that constituted the reserves
of a national bank prior to 1913 (date of creation of the Federal Reserve Banks). See, Lawful
Money, Webster's New Intemational Dictionary (2d ed. 1950). In light of these facts. I
conclude that Plaintiff and Defendants exchanged rec iprocal credits involv ing money
• • of account and not money of exchange: no lawful money was or probably ever would
be disbursed by either side in the covered transactions. This conclusion also is
consistent with the bookkeeping entries that underl ie the loan account in dispute in the
present case. Moreover, it is puzzling why Plaintiff would retain the archa ic language, -lawful
money of the United States of America: in its otherwise modern-seeming Note. It is poss ible
that this language is merely a legacy from the pre-1933 era . Modem credit agreements might
include repayment language such as, -The repayment obligation under this agreement shall
continue until payment is received in fully and finally collected funds,- which avoi ds the entire
question of "In what form of money or credit is the repayment obligation due?"
6. Legal tender, a related conce pt but one that is economically inferior to lawful money because
it allQWs payment in instruments that cannot be redeemed for gold or silver on demand, has
been the form of money of exchange commonly used in the United States since 1933, when
domestic private gold transactions were suspended (until 1974).. Basically, legal tender is
whatever the govemment says that it is. The mosl common form of legal tender today is
Federal Reserve notes , which by law cannot be redeemed for gold since 1934 or, since 1964,
for silver. See, 31 U.S.C. Sections 5103,5118 (b), and 5119 (a) .

Note: I question the statement that fed reserve notes cannot be redeemed for silver since 1964. It
was Johnson who declared on 15 Marcy 1967 that after 15 June 1967 that Fed Res Notes
would not be exchanged for silver and the practice did stop on 15 June 1967 - not 1964. I
believe this to be error in the text of the author's affidavit.
7. Legal tender under the Unifonn Commercia l Code (V.C.G.), Section 1·201 (24) (Official
Comment), is a concept that sometimes surfaces in cases of this nature.. The referenced
Officia l Comment notes thaUhe definition of money ;s not limited to legal tender under the
U.C.C. Money is defined in Section 1-201 (24) as "a medium of exchange authorized or
adopted by a domestic or fore ign government and includes a monetary unit of account
established by an intergovernmental organiZation or by agreement between two or more
nations: The relevant Officia l Comment states that 'The test adopted is that of sanction of
government, whether by authorization before issue or adoption afterward, wh ich recognizes
the circulating medium as a part of the officia l currency of that government. The narrQW view
that money is limited to legal tender is rej ected~· Thus , I conclude that the U.C.C. tends to
validate the classical theoretical view of money.
HOW BANKS BEGAN TO LEND THEIR OWN CREDIT INSTEAD OF REAL MON EY
8. In my opinion, the best sources of information on the origins and use of credit as money are
in Alfred Marshall, MONEY, CREDIT & COMMERCE 249-251 (1929) and Charles P.
Kindleberger, A FINANCIAL HISTORY OF WESTERN EUROPE 50-53 (1984) . A synthesis
of these sources, as applied to the facts of the present case, is as follows: As commercial
banks and discount houses (private bankers) became established in parts of Europe
(especially Great Britain) and North America, by the mid-nineteenth century they commonly
made loans to borrowers by extend ing their own credit to the borrowers or, at the borrowers'
direction, to third parties. The typical form of such extensions of credit was drafts or bills of
exchange drawn upon themselves (claims on the credit of the drawees) instead of
disbursements of bullion, coin, or other forms of money. In transactions with third parties,
these drafts and bills came to serve most of the ordinary function s of money. The third
parties had to determine for themselves whether such "credit money had value and , if so,

how much . The Federal Reserve Act of 1913 was drafted with this model of the commercial
economy in mind and provided at least two mechanisms (the discount window and the open-
market trading desk) by which certain types of bankers' credits could be exchanged for
Federal Reserve cred its, which in tum could be withdrawn in lawful money . Credit at the
Federal Reserve eventually became the principal form of monetary reserves of the
commercial banking system , especially after the suspension of domestic transactions in gold
in 1933 . Thus . credit money is not alien to the current official monetary system; it is just
rarely used as a dev ice for the creation of Federal Reserve credit that, in turn. in the form of
either Federal Reserve notes or banks' deposits at Federal Reserve Banks, functions as
money in the current monetary system . In fact, a means by which the Federal Reserve
expands the money supply. loosely defined. is to set banks' reserve requirements (currently,
usually ten percent of demand liab ilities ) at levels that would encourage banks to extend new
credit to borrowers on their own books that third parties would have to present to the same
banks for redemption, thus leadi ng to an expansion of bank-ereated credit money. In the
modern economy, many non-bank providers of cred it also extend book credit to their
customers without previously setting aside an equivalent amount of monetary reserves (credit
card line of credit access checks issued by non-banks are a good example of this type of
credit) , which also causes an expansion of the aggregate quantity of credit money. The
discussion of money taken from Federal Reserve and other modern sources in parag raphs
11 et seq. is consistent with the account of the origins of the use of bank credit as money in
this paragraph.
ADVANCES OF BA ~K CRED,IT AS THE EqUIVALENT OF MONeY
9. Plaintiff apparen tly asserts that the Defend ants signed a promise to pay, such as a note(s) or
credit application (collectively, the "Note") , in exchange for the Plaintiff's advance of funds .
credit. or some type of money to or on behalf of Defendant. However, the bookkeeping
entries required by application of GAAP and the Federal Reserve's own writ ings should
trigger dose scrutiny of Plaintiffs apparent assertions that it lent its funds, credit, or money to
or on behalf of Defendants, thereby causing them to owe the Plaintiff $400,000. Accord ing to
REDEMPTION MAN UA L FOURTH EDITION 523

the bookkeeping entries shown or otherwise described to me and application of GAAP, the
Defendants allegedly were to tender some form of money rlawful money of the United States
of America" is the type of money explicitly called for in the Note ), securities or other capital
equ ivalent to money, funds, cred it, or something else of value in exchange (money of
exchange, loosely defined), collectively referred to here in as "money," to repay what the
Ptaintiff daims was the money lent to the Defendants. It is not an unreasonable argument
to state that Plaintiff apparently changed the economic substance of the transaction
from that contemplated in the credit application form, agreement. note~. or other
~imilar instrument(§Uh-ort-the Defendants executed, thereby changing the costs and
risks to the Defendants. At most, the Plaintiff exte nded its own credit (money of account),
but the Defendants were required to repay in money (money of exchange, and lawful money
at that), which creates at least the inference of ineguality of oblig~tions on the two sides
of the transaction (money, including lawful money, is to be exchanged for bank credit).
MOOERN AUTHORITIES ON MONEY
11 .To understand what occurred between Plaintiff and Defendants cooceming the alleged loan of
money or, more accurately. credit, it is helpful to review a modem Federal Reserve
description of a bank's lending process. See. David H. Fried man, MONEY AND BANKING
(4 tn ed. 1984Xapparently already introd uced into this case): "The commercial bank lending
process is similar to that of a thrift in that the receipt of cas h from depositors increases both
its assets and its deposit liabilities, which enables it to make additional loans and
investments. . . . W hen a commercial bank makes a business loan, it accepts as an asset
the borrower's debt obligation (the prom ise to repay) and creates a liability on its books in the
form of a dem and deposit in the amount of the loan." (Consumer loans are funded similarly.)
Therefore. the bank's Ol'iginal bookkeeping entry should show an increase in the amount of
the asset cred ited on the asset side of its books and a corresponding increase equal to the
value of the asset on the liability side of its books . This would show that the bank received
the customer's signed promise to repay as an asset, thus monetizing the customer's
signature and creating on lts books a liability in the fonn of a demand deposit or other

demand liability of t he bank. The bank then usually would hold this demand deposit in a
transaction account on behalf of the customer. Instead of the bank lend ing its money or other
assets to the customer, as the customer reasonably might believe from the face of the Note ,
the bank created funds for the customer's transaction account withou t the customer's
permission, authorization, or knowledge and delivered the credit on its own books
representing those funds to the customer, meanwh ile alleging that the bank lent the customer
money. If Plaintiff s response to this line of argument is to the effect that it acknowledges that
it lent credit or issued cred it instead of money, one might refer to Thoma s P. Fitch,
BARRON'S BUSINESS GU IDE DICTIONARY OF BANKING TE RMS, "Credit banking: 3.
"Bookkeepinq entry representing a deposit of funds into an account." But Plaintiffs loan
agreement apparently avoids daiming that the bank actually lent the Defendants money.
They apparently state in the agreement that the Defendants are obligated to repay Plaintiff
principal and interest for the "valuable consi deration (money) the bank gave the customer
(borrower): The loan agreement and Note ap parently still delete any refere nce to the bank's
receipt of actual cash value from the Defendants and exchange of that receipt for actual cash
value that the Plaintiff banker retumed.
12.According to t he Federal Reserve Bank of New York. money is an ything that has va lue
that banks and people acceJ:!t as money: money does not h ave to be iss ued b y the
government. For example, David H. Friedman, I BET YOU THOUGHT.. .. 9, Federal
Reserve Bank of New York (4t1'l ed. 1984 )(apparently already introduced into this case),
explains that banks create new money by dep ositing IOUs, prom issory notes, offset by bank
liabilities called checki ng account balances . Page 5 says, ~M on ey doesn 't have to be
'In'uinslca\\y ....a\uab) e. be 'ISSUeO by government or De in any special form . .. ...
13.The publication, Anne Marie L. Gonczy, MODE RN MON EY MECHANICS 7-33, Federal
Reserve Bank of Chicago (rev. ed . June 1992Xapparently already introduced int o this case),
contains standard bookkeeping entries demonstrating that money ordinarily is recorded as a
bank asset, wh ile a bank liability is evidenc e of money that a bank ewes. The bookkeeping
entries tend to prove that banks accept cas h, chec ks, drafts, and promissory noteslcredit

agreements (assets) as money deposited 10 create credit Of' checkbook money that are bank
liabilities , which shows that. absent any right of setoff, banks owe money to persons who
deposit money.. Cash {m oney of exchange) is money. and credit or promisso ry notes
{m o ney of account} become money when banks deposit promissory notes w ith the
intent of treating them like deposits of cash. See, 12 U.S.C. Section 181 3 (1)( 1)
(definition of "deposit" under Federal Depo sit Insurance Act). The Plaintiff acts in the
capa city of a lending or banking institution. and the newly issued credit or money is similar or
equiva lent to a prom issory note . wtjich may be treated as a deposit of money when received
by the lendi ng bank.. Federal Reserve Bank of Dallas publication MONEY AND BANKING,
page 11, explains that when banks grant loans. they create new money. The new money is
created because a new "loan becomes a deposit, just like a paycheck does: MODERN
MONE Y MECHAN ICS. page 6, says. "What they [banks] do when they make loans is to
accept promissory notes in exchange for cred its to the borrowers' transaction accounts ." The
next sentence on the same page explains that the banks' assets and liabilities increase by
the amount of the loans.
COMMENTARYANDSUMMARYOFARGUMENT
14. Plaintiff apparently accepted the Defendants' Note and cred it application (money of account)
in excha nge for its own cred it (also money of account) and deposited that cred it into an
account with the Defendants' names on the account, as well as apparently issu ing its own
credit for $95,905 .16 to Michigan National Bank for the account of the Defendants. One
reasonably m ight argue that the Plaintiff rec orded the Note Of' credit app licatio n as a loan
(money of account) from the Defendants to the Plaintiff and that the Plaintiff then became the
borrower of an equivalent amount of money of account from the Defendants.
15. The Plaintiff in fact never lent any of its own pre..existing money. credit.
or assets as consideration to purchase the Note or credit agreement
from the Defendants. (Note: I add that when the bank does the forgoing, the n in that
event, there is an utter failure of consideratio.11 for the "loan contract" ) When the Plaintiff

deposited the Defendants' $400 ,000 of newly issued cred it into an account, the Plaintiff
created from $360,000 to $400 ,000 of new money (the nominal principal amount less up to
ten percent or $40,000 of reserves that the Federal Reserve would require against a demand
deposit of this size). The Plaintiff rec eived $400,000 of credit or money of account from the
Defendants as an asset. GAAP ordinari ly would require that the Plaintiff record a liability
account, cred iting the Defendants' deposit account, showing that the Plaintiff owe s $400,000
of money to the Defendants, just as if the Defendants were to deposit cash or a payroll check
into their account.
16. The following appears to be a disputed fact in this case about which I have insufficient
information on which to form a conclusion: I infer that it is alleged that Plaintiff refused to
lend the Defendants Plaintiffs own money or assets and recorded a $400,000 loan from the
Defendants to the Plaintiff, which arguably was a $400,000 deposit of money of account by
the Defendants, and then when the Plaintiff repaid the Defendants by paying its own credit
(money of account) in the amount of $400,000 to third-party sellers of goods and services for
the accoun t of Defendants. the Defendants were repaid their loan to Plaintiff, and the
transaction was compl ete.
17. I do not have sufficient knowledge of the facts in this case to form a conclusion on the
following disputed points: None of the following materia l facts are disclosed in the credit
applicalion or Note or were advertised by Plaintiff to prove that the Defendants are the true
lenders and the Plaintiff is the true borrower. The Plaintiff is tlVing to use the
cred it a..QPlication form or the Note to persuade and deceive the
Defendants into believing that the ogposite occurred and that the
Defendants were the borrower and not the lender. The following point is
und isputed: The Defendants' loan of their credit to Plaintiff, when issued and paid from their
deposit or cred it account at Plaintiff, becam e money in the Federal Reserve System (subject
to a reduction of up to ten percent for reserve requ irements) as the newty issued cred it was
paid pursuant to written orders, including checks and wire transfers, to sellers of goods and
REDEMPTION MA NUAL FOURTH EDITION 527

services for the account of Defendants.
CONCLUSION
18. Based on the foregoing, Plaintiff is using the Defendant's Note for its own purposes, and it
remains to be proven whether Plaintiff has incurred any financial loss or actual damages (I do
not have sufficient information to form a conclusion on this point). In any case, the inclusion
of the "lawfu l money" language in the repayment clause of the Note is confusing at best and
in fact may be misleading in the context described above.
AFFIRMATION
19. I hereby affirm that I prepared and have read this AffIdavit and that I believe the foregoing
statements in this Affidavit to be true. I hereby further affirm that the basis of these beliefs is
either my own direct knowledge of the legal principles and historical facts involved and with
respect to which I hold myself out as an expert or statements made or documents provided to
me by third parties whose veracity I reasonably assumed .
Further the Affiant sayelh naught.
At C hag r io Falls, O hio
December 5, 2003
WALK ER F. TODD (Ohio bar no. 0064539)
Expert w itness for the Defendants
Wal ker F. Todd, Attorney at Law
(440)
e-mail:
<mallto:
NOTARY'S VERIFICATION
At Chagrin Falls, Ohio
December 5, 2003
On this day personally came before me the above-named Affia nt. who proved his identity to me to
my satisfaction , and he acknowledged his signatu re on this Affidavit in my presence and stated that he
did so with full understanding that he was subject to the penalties of perjury.
Notary Public of the State of Ohio

SECTION IX
APPENDIX

GLOSSARY OF TERMS
THE FOLLOWING OEFINmONS ARE FOR YOUR USE THROUGHOUT THE MANUAL AND WILL
NEED TO BE REFERRED TO OFTEN TO UNDERSTAND THE MECHANICS AND OPERATI ON OF
COMMERCIAL LAW AND REDEMPTION . IT IS SUGGESTED THAT YOU ACQUIRE AT LEAST A
BLACKS LAW 6'" OR 7'" EomON DICTIONARY FOR YOUR PRIVATE USE.
A b u s e o f Proces s :
There is said to be an abuse of process when an ad v ers ary, t hr oug h the malicious
and unfounded use of some regular legal proceeding , obtains some advantage over
his op ponent. Wharton . Em ployment of process fo r doin g an act clearly outside
authorit y conv eyed by express terms of w rit . - - Hold ing of accused incommunicado
befo re co m plying w ith warr ant re quiri ng accused t o be t aken before m agistrat e. ---
Warrant of ar rest to coerce deb t or. A malicious abuse of leg al process occu r s whe re
th e party em ploys it f or some unlawful object, not the purpose whi ch it is in tende d
by the law to effect ; in oth er words, a perversion of it. (Blacks 4th )
Acceptance :
The voluntary act of r eceiving somet hi n g or agreeing to ce rtain t erms. In contract
law, acceptance is consent t o t he ter m s of an offer, crea t ing a bind ing contract; t h e
taking and receiving of anything in ~oo d part, and as if it were a tacit agreement t o
a preceding act, which m ig ht have been defeated or avoided if such accept an ce had
not been ma de. Th e act of a person t o w hom a thi n g is offered or tendered by
another, whereby he receives the thing with the intention of retaining it, such
int ent ion being evi denced by a sufficient act. -- (Black's 6th)
Acce ptance :
contracts. An ag reement to receive somethin g which has been offered .
2 . To complete th e contract, the acceptance must be absolute and past recall,
10 Pick . 826; 1 Pic k. 278; and communi cated to the party making the offer at the
time and place appointed. 4 . Wheat. R. 225 ; 6 Wend. 103 . 3. I n many cases
acceptance of a t hing waives the r ight w hich t he party receiving bef ore had ; as, for
ex am ple, the accept ance of rent after notice to qui t , in general w aives. t h e notice.
See Co. Lltt . 211, b; Id . 215, a . ; a nd Not ice t o quit.
4 . The acceptance may be ex press, as when it is ope nly declared by t h e pa rty to
be bound by it; or implied, as wh ere the party acts as if h e had accepte d . Th e offer,
and acceptance must be in som e m edium understood by, both pa rties; it may be
language, symbo lical, ora l or written. For exam ple, persons deaf and dumb may
contract by sym b ol ical or w ri tten langu age. At auction sa les, the cont ract,
generally sym bolical; a nod, a wink, or some other sign by one party, imports t h at
he makes an offer, and knocking down a hammer by the other, t hat he agrees to it.
3 D. & E. 148. This subject is further considered under the articles Assent an d
Offer, (q v .)
5. Acceptance of a bill of exchange the act by which the drawee or other person
evinces his assent or intention to comply with and be bound by, the request
conta ined in a bill of exchange to pay the same; or in other words, it is an
engagement to pay the bill when due. 4 East , 72 . It will be proper to consider, 1,
by whom the acceptance ought to be made; 2, t h e time

when it is to be mad e; 3, t he form of the accept ance; 4 , it s extent or effe ct.
6 .- 1. The acceptance must be made by t he drawee himself, or by one
authorized by him . On the presentment of a bill, the holder has a right to insist
upon such an acceptance by the dra wee as will subj ect him at all ev ent s to th e
pa ym ent of the bill, accord ing to it s t en or; consequ ently su ch dra wee must ha v e
capacit y to contract, and to bind himself to pa y the amount
of the bill, or it , may be treated as dish onored. Marius, 22. Se e 2 Ad. & EH. N. S.
16, 17.
7 .-2 . As t o t he t im e when , a bill ought to be accepted, it ma y be before th e bill
is drawn; in t his case it must be in writing; 3 Mass . 1; or it may be after it is
drawn; when the bill is pre sented, t he drawee must accept the bill with in twenty -
f our ho urs after pr esentment , or it should be tr eat ed as dishonored . Chit. Bills, 2 12 .
21 7 . On the refu sal t o accept, even w ithin th e t wenty -four hours, it should be
protested . Chit. Bills , 21 7 . The acceptance may be made after the bill is drawn,
and before it becomes du e or after the t im e appointed for pa yment 1 H. BI. 313; 2
Green, R. 339 ; and even after refusal to accept so as to bind the accept or.
8 . The acceptance ma y also be made supra protest, wh ich is t he accepta nce of
the bill, after protest for non-acceptance by t he drawee, for the honor of the
drawer, or a particular endorser. When a bill has been accepted supra protest f or
th e honor of one party to the bill, it ma y be accepted supr a protest, by anoth er
individual, for the honor of another.
Beaw es, t it. Bills of Excha nge, pI. 52; 5 Campb. R. 447.
9 .-3 . As t o t he fo rm of t he acceptance , it is cle arly established it may be in
wri ting on th e bill itself, or on another paper, 4 East, 9 1; or it m ay be ve rbal, 4
East, 67; 10 John. 207 ; 3 Mass. 1; or it may be ex pressed or implied
10 . An express acceptance is an agreement in direct and expr ess terms to pay a
bill of exchange, either by the party on whom it is drawn, or by some oth er person,
f or th e honor of some of the parties. It is Usually in the words accepted or accepts,
but oth er express words showing an engagement to pay the bill will be equa lly
binding .
11. An im plied acceptance is an agreement t o pa y a bill, not by direct and
expre ss terms, but by any acts of the party fr om wh ich an ex press agreement ma y
be fairly inf erred . For example, if the drawee writes "seen," "presented, " or any,
other thing upon it, (as the day on which it becomes due,) thi s, unless exp lained by
other circum st ances, w ill constitu te an acceptance .
12 .-4 . An accepta nce in r egard t o it s ex tent and effect , m ay be eith er absolute,
conditional, or part ial .
13 . An absolute acceptan ce is a positive engagement to pa y the bill according
to its tenor, and is usually made by writing on the bill "accepted, " and subscrib ing
the drawee's name; or by merely writing his name either at the bottom or across
the bi ll . Comb . 401; Vin . Ab. Bills of Exchang e, L 4 ; Bayl. 77; Chit. Bills , 226 t o
228. But in order to bind another than t he drawee, it is requ isite his nam e shoul d
appear. Bayl. 78.
14 . A condit ional acceptance is on e whic h will su bject the drawee or accept or t o
t he pa yment of the m oney on a contingency, Bayl. 83, 4 , 5; Chit . Bills, 234; Ho lt 's
C. N. P. 182; 5 Taunt, 344; 1 Marsh . 186. Th e holder is not bound to re ceive such
an acceptance, but if he do r eceive it he must observe its t erms. 4 M.& S. 466 ; 2
W . C. C. R. 4 85 ; 1 Campb . 4 25.

15 . A pa rtial acceptance varies from the tenor of the bill, as where it is made to
pay part of the sum for which the bill is drawn, 1 Stra. 214; 2 Wash. C. C. R. 485;
or to pay at a different time, Molloy, b. 2, c. 10, s. 20; or place, 4 . M.& S. 462 .
(Bouviers 1856 6th Ed.)
ACCEPTANCE BY SILENCE : 'When the court 'implies a promise" or holds that

"good faith" requires a party not to violate those expectations, it is recognizing that
sometimes silence says more than words, and it is understanding its duty to the
spirit of the bargain is higher than its duty to the technicalities of the language ."
Corbin on Contracts - UCC 1-205
Acceptor:
"Acceptor" means a drawee who has accepted a draft. uee 3-103(1). The person
who accepts a bill of exchange, (generally the drawee) or who engages to be
primarily responsible for it's payment. -- Black's I st
Accommodation:
An arrangement or engagement made as a favor to another, not upon a
consideration received . Something done to oblige, usually spoken of a loan of
money or commercial paper; also a friendly agreement or composition of
differences. The word implies no consideration. While a party's intent may be to aid
a maker of a note by lending his credit, if he seeks to accomplish thereby legitimate
objectives of his own, and not simply to aid maker, the act is not for
accommodation . (Blacks 6th)
Accommod ation P arty :

One who signs commercial paper in any capacity for purpose of lending his name
(i.e. credit) to another party to instrument. Such party is a surety. (Blacks 6th)
UCC 3-4 19
Account :
Account means any right to payment for goods sold or leased or for services
r en der ed w hich is not eviden ced by an in stru m ent or chatte l paper, w hether or not
it has be en ea rne d by performa nce. All rights to payment earned or u nearn ed under
a charter or cont ract involv ing the use or ri ghts of a vesse l and all rig hts incident t o
the cha rte r or cont ract are accounts . uee 9 - 106
To Accrue:
Lit era ll y to grow t o; as the interest accrues on the principal. Accrui ng costs are
those which becom e due and are created after judgment of an execution.
2. -To accrue means also to arise, to happen, to come to pass; as the statute of
limitations does not commence running until the cause of action has accrued. 1
Bouv. Inst. n. 861; 2 Rawle, 277; 10 Watts, 363; Bac . Abr . Limitation of Actions, D
3. (Bouviers 1856 , 6th Ed.)

Accusation:
A formal charge again st a person, to the effect that he is quilty of a punishable
offense, laid before a court or magistrate having jurisdiction to inquire into the
alleged crime. (Blacks 6th)
A ction :
"Action" in the sense of a judicial proceeding includes recoupment, counter-claim,
set-off, suit in equity, and any other proceedings in which rights are determined.
UCC 1-201(1)
Act ion :
Conduct; behavior; something done; the condition of acting; an act or series of
acts.
Practice
The lega l and formal dem an d of one's ri ght fro m another person or party made
and insisted on in a cou rt of justice . Purs ui t of right in court, without regard to form
of procedur e. Form of suit given by law f or recove ry of tha t whi ch is one's du e.
Judicial means of enforcing a righ t . Jud icia l re medy for t he enforcem ent or
protection of a right. An ordi nary pro ceeding in a court of j ustice by w hich one
party prosecutes anoth er for the enforcement or protect ion of a ri ght , t he red ress
or prevention of a wr ong, or the punishment of a pu blic offense . (Black's 4th)
Mj,udication :
T he giving or pronouncing a judgment or decree in a cause; also the judgment
given . Or the entry of a decree by a court in respect to the parties in a case.
It implies a hearing by a court, after notice, of legal evidence on the factua l issue
involved. The equivalent of a "det erm ination ." And contemplates that the claims of
all the parties thereto have been considered and set at rest. The term is principally
used in bankruptcy proceedings, the adjudication being the order which declares
the debtor to be bankrupt. (Black's 4t h)
Affidavit:
A w ritten or print ed decl arat ion or statem ent of facts, made vol untarily, and
confi rmed by th e oa t h or affirmatio n of t he party makin g it, ta ken before an officer
with aut ho rity t o administer such oath . ( Blacks 1st)
Agreement:
"Agreement" means t he bargain of the pa rties in fact as found in t hei r lan guage or
by implication fro m other circumstances including course of dealing or usage of
trade or course of performance as provided in this code. Whethe r an agreement has
legal consequences is determined by the provisions of this code , if applicable ;
otherwise by the law of contracts. (Section 1- 10 3) . UCC 1-201(3)
Alleg e:
To state, recite, assert, or charge ; to make an allegation. To affirm, assert, or
declare. (Blacks 4th)

Alleged :
Stated; recited; claimed; asserted; charged. (Blacks 4th)
AJwearance Bond: Type of bail bond required to insure presence of defendant in a

criminal case. As a Secured Party Creditor you can requ est an appearance bond
without fees and charges from the judge or prosecutor. This is the most valuab le
use of your one free call and is the recom mended first order business on being
' book ed into jail. You can ask for the bond at your arraignment.
Arraignm ent :
crim. law practice. Signifies the calling of the defendant to th e bar of the court, to
answer the accusation contained in the indictm ent . It cons ists of three parts.
2.-1. Calling the defendant to the bar by his name, and commanding h im to hold
u p his hand; this is done for the purpose of completely identifying the pris oner, as
the person named in the indictm ent ; the holding up his hand is not, however,
indispensable, for if the prisoner should refuse to do 50, he may be identified by
any admission that he is the person intended. 1 BI. Rep . 3 .
3. -2. The reading of the ind ict m ent t o enable him fully to understand, the
charge to be produced against him; The mode in which it is read is, after' saying,
"A B, hold up your hand," to proceed, "you stand indicted by the name of A B, late
of, &c., for that you on, &c." and then go through the whole of the in d ictm ent
4 .-3. After th is is concluded, the clerk proceeds to the third part, by adding,
"How say you, A B, are you guilty or not qullty?" Upon this, if the prisoner,
confesses the charge, the confession is recorded, and nothing further is done till
j udgment if, on the contrary, he answers "not guilty", that plea is entered for him,
and the clerk or attorney general, re plies that he is guilty; when an issue is formed .
Vid e generally, Dalt, J . h.t. ; Burn's J . h.t. ; Will ia ms ; J . h .t.; 4 BI. Com. 322; Harg .
St . Tr. 4 vet. 777, 661; 2 Hale, 2 19; Cro. C. C. 7; 1 Chit . Cr. Law, 414 . (Bouviers
1856 6th Ed. )
Artificial:
Created by Art, or by law ; exi sting only by force of, or in contemplation of law .
( Blacks 1st)
Artificial Person:
I n a figura tive sense, a body of men or compa ny are somet imes ca lled an artificia l
person, because th e law associates t he m as one, and gives t hem various powers
possessed by natura l persons. Corporati on s are such artificial persons . 1 Bouv . Inst.
n . 177. (Bou v iers 18 56 6t h Ed .)
Assess: To ascertain; fix the val ue of. To fix the amount of t he dam ages or the
value of the th ing to be ascertained . To impose a pecuniary payment upon persons
or property. To ascertain, adjust, and settle that respective shares to be
contributed by several persons toward an object beneficial to them all, in proportion
to t he benefit received . To tax .
In connection with taxation of property, means to make a valuation and appraisal of
property, usually in connection with listing of property liable to taxat ion, and
im plies the exercise of discretion on the part of officials charged with duty of

assessing. Including the listing of inv ent ory of property involv ed, determination of
extent of physical property, and placing of a va lue thereon . To adjust or fix th e
proportion of a tax wh ich each person, of several liable to it, has to pa y; to
apportion a tax among several; to distribute ta xation in a proportion found ed on
the proportion of burden and benefit. To calculate the rate and amount of taxes. To
levy a charge on th e owner of property for im prov em ent s thereto, such as for
sewers or sidewalks. "Access" is sometimes used as synonymous w ith " levy" . See
also ASSESSMENT.
Assessment: I n a ge neral sense, the process of ascertaining and adjusting the

shares respectively to be contributed by several persons toward a common
beneficial object according to the benefit received . A valuation or a determination
as to val ue of property. I t is often used in connection with assessing property taxes
or levying of property t ax es. Also the amount assesse d. See also Assess ;
Equalization.
Assumpsit:
contracts. An undertaki ng either expre ss or im plied , t o perform a parol ag ree ment .
1 Lilly 's Reg. 132.
2. An express assumpsit is where one undertakes verbally or in writ ing, not
under seal, or by m atter of record, to perform an act, or to pa a sum of money to
another.
3 . An implied assumpsit is where one has n ot made any formal promise to do an
act or to pay a sum of money to another, but who is presumed from his conduct to
have assumed to do what is in point of law just and right; for, 1st , it is to be
presumed t h at no one desires t o enrich himself at t h e expense of another; 2d, it is
a r ul e t hat he who de sir es t he an tecedent, m ust abide by th e co nse que nt; as, if I
r ecei v e a loaf of brea d or a newspaper da ily sent to m y house without orders, and I
u se it without abjection, I am presum ed to have accepted the terms upon which the
person sending it had in contemplat ion, that I should pay a fair price for it ; 3d, it is
also a rule t hat every one is presumed to assent to what is useful to him. See
Assent (Bouviers 1856 6th Ed .)
Attach:
Wh en the th ree basic prereq ui sites of securi ty inte rest exist ( agreement, val ue, and
collateral ) the securi ty ag reem ent becomes enforce able bet ween th e parties an d is
sai d to "attach" . (Bla cks 6t h) - UCC 9- 203
Attachment:
The act or process of t ak ing , apprehending, or seizing persons or property, by
virtue of a writ, summons, or other judicial order, and bringing the same into the
custody af the law; used either for the purpose of bringing a person before the
court, of acquiring j urisdiction over the property seized, to compel an appearance,
t a furnish security far debt or costs , or t o arrest a fund in the hands of a t hir d
person who may becom e li able t o pay it over. Also th e w ri t or other pro cess f or th e
accom plish m ent of th e purp oses above enumerated , this being t he more common
use of the word. A re medy ancillary to an acti on by which pla intiff is enabled to
acquire a lien upon property or effects of defendant for satisfaction of judgment
RED EMPTION MANUAL FOURTH EDITION 535

wh ich pla intiff m ay obtai n. Th ou gh sometimes called an ancillary or auxiliary
pro ceedi n g, it is in all essential respects, a suit.
The purpose is t o take defendant's property into legal custody, so that it may be
applied on defendant's debt to plaintiff when established .
At common law, "attachment" was procedure whereby sheriff was commanded to
attach a defendant who, after being personally served, disobeyed original writ of
summons, by keeping certa in of his goods which he would forfeit if he did not
appear, or by making him find securities who wou ld be amerced if he continued his
nonappearance, and, if after such attachment he still neglected to appear, he wou ld
n ot only forfeit this security, but was compelled by a w rit of distringas infinite.
(Black's 4t h )
At*torn
(#), v , i. [OF. atorner, aturner, atourner, t o direct, prepare, dispose, attorn (ct. CE.
atornen to return, adorn); a L. ad) + tome r to turn; d. LL. attornare to commit
business to another, to attorn; ad + tornare to turn, L. tornare to turn in a lathe, to
round off. See Turn, v, t.] (Webster's 19 13 )
1. (Feudal Law) To turn, or transfer homage and service, from one lord to another.
This is the act of feudatories, vassa ls, or tenants, upon the alienation of the estate.
Blackst one.
2. (Modern Law) To agree to become tenant to one to wham reversion has been
granted.
Attorney: [e-'te r -ne]

pi: - neys Anq lo - French atorne legal representative, from past participle of atomer
to designate, appoint, from Old French, to prepare, arrange see attorn : a person
authorized to act on another's behalf (Websters Law 1996) (Findlaw .com )
Bail:
practice, contracts. By bail is un der st ood sureties , given according to law, to insure
t he appea ra nce of a party in cou rt. The persons who become surety are called ba il.
So metimes the term is ap plie d, with a want of exactness, to the security given by
a def end ant , in or de r to obta in a stay of executio n, after judgment , in civil cases. ,
Bail is eit he r civi l or cr imina l. ( Bouviers 1856 6th Ed.)
Bail:
n. Monetary amount for or condit ion of pretrial r elease from cu stod y, no rmally set
by a j ud ge at the initia l appearan ce. Th e purpose of bail is to insure t he ap pea r ance
of t he accused at subsequent pr oceeding s. If th e accused is unabl e to ma ke bail or
otherwise unable to be r eleased on his or her own recognizance, he or she is
det ained in cu st od y . The Eighth Amendment (U .S. Constitution) provides that
excessive bail shall not be req uired. -- The surety or sureties who procure the
release af a person under arrest, by becoming rewsponsible for his appearance at
t he t ime and place designat ed . Those persons who become sureties for the
appearance of the defendant in cou rt . ( Blacks 6th)

Bailee:
"Bailee" means the person who, by a warehouse receipt, bill of lading, or other
document of title, acknowledges possession of goods and contracts to deliver
them. uee 7-1 0 2{l ){a )
Bailee :
In the law of contracts. One to whom goods are bailed; t he pa rty to whom personal
property is deliver ed under a contract of bailment. A species of agent to whom
something moveable is committed in trust for another. (Blacks 4t h )
Bailiff :
On e t o who m som e auth ority, car e, guard iansh ip, or jurisdiction is deli vered ,
co m m itted, or entru sted ; one who is deputed or appoint ed t o ta ke charge of
another's affa irs; an overseer or superintendent; a keeper, protector, or guardian;
a steward. A sheriffs officer or de puty. A court attendant sometimes called a
t ipst aff.
A m agistrat e, w ho form erl y administered j ustice in t he pa rliaments or courts of
Fran ce, answering to th e Eng lish Sh eriffs as m ention ed by Bracton.
A person acting in a m inisterial capacity wh o has by delivery t he custody and
administration of lands or goods fo r the benefi t of the owner or bailor, and is liable
to render an account thereof. (Blacks 4th)
Bank :
"B ank" means any person en gaged in th e bu siness of banking . UCC 1- 201
Bank:
A bench or seat; the bench of justice; the bench or tribunal occupied by the judges;
the seat of jUdgment; a court. The full bench, or full court; the assembly of all the
judges of a court.
An acclivity ; an elev at ion or m ound of earth, especially th at w hich bord ers the sides
of a wate r course.
An institution, of gr eat value in the commercial world, empowered to receive
deposits of money to make loans, and to issue it's promissory notes (designated to
circul ate as money, and commonly called " bank -notes" or "bank -bills", ) or to
perform anyone or more of t hese functions.
Th e h ou se or place wh ere th e bus iness of banking is carried on . (Blacks 4th )
Bank Acceptance:
Draft drawn on and accept ed by bank . (Bouviers 3rd)
Banker:
A private person wh o kee ps a ba nk; one is w ho eng aged in t he bu siness of banking .
Individual Banker - - Under some statutes, an individual banker, as dist ingu ished
fro m a "private banker" (q .v.), is a person who having compl ied with the statutory
requirements, has received authority from the state to engage in the business of
banking, while a private banker is a person is engaged in banking w ithout having
any special privileges or authority from the state .

Priv ate Banker - - One who carries on t he business of banking without being
incorporated. One who carries on the business of banking by receiving mone y on
deposit with or without interest. by buying and selling bills of exchange. promissory
notes, gold or silver coin. bullion, un-current money, bonds or stock, or other
securities. and by loaning money w ithout being incorporat ed . ( Blacks 4th)
Ban k er 's A q ; eptance :

A bill of exchange draft payable at maturity that is drawn by a creditor against his
or her debtor. Banker's acceptances are short-term cred it inst rum ents most
commonly used by persons or firms engaged in int ern at ional trade. They are
comparable to short-term government securities (for example. Treasury Bills) and
may be sold on the open market at a discount. (Blacks 6th)
Banker's Note :
co ntracts. I n England a distinction is made between bank notes. ( q . v.) an d
bankers' notes . Th e latter are promissory n ot es, an d resemble bank n ot es in every
respect, except t hat th ey are given by persons acting as private bank ers. 6 Mod .
29 ; 3 Chi t . Com . Law , 590; 1 Leigh 's N. P. 338 . (B ou vier's 1856 6th Ed.)
Bankruptcy :
Popularly defi ned as insolvency, the inabilit y of a debtor to p] ay his debts as they
beco me due . Technically, however, it is the legal process under the Federal
Bankruptcy Act by which assets of the debtor are liquidated as quickly as possible
to payoff his creditors and to discharge the bankrupt. or free him of his debts, so
he can start anew. In reorgan ization, on the other hand. liquidation may be avo ided
and the debtor may continue to function, pay his creditors. and carry on business.
(Barron's 3rd)
Barratry :
In criminal law . Also spelled "Barratry". The offence of frequently exciting and
stirring up quarrels and suits, either at law or otherwise. Common barratry is the
practice of exciting groundless judicia l proceedings. Penal Code Cal. Section 158 ; In
Maritim e law. An act committed by the m aster or mariners of a vessel, for some
unla wfu l or fra udu lent pu rp ose, contrary t o their du t y to t he owners, w hereby the
latter sustain injury . ( Blac ks 4t h)
BEARER : m eans th e person in possession of an instrum ent, document of title, or

certified security payable to bearer or in dorsed in blank. UCC - definitions 19 96 -9 7
ed . p.4 NOTE: Ou r mothers 'bear' us to birth .
Bench W a r ran t :
Process issued by the court itself. or "fro m the bench," for the attachment or arrest
of a person; either in case of contempt. or where an indictment has been found, or
to bring in a witness who does not obey the subpoena. So called to distinguish it
from a warrant, issued by a justice of the peace, alderman, or commissioner.
(Black's 4th)

Bench Warrant:
crim . law. The name of a pro cess sometimes given to an at ta ch ment issued by
order of a criminal court, aga inst an in divi d ual for some contempt, or for the
purp ose of arresting a person accused; t he latte r is seldom granted unless w hen a
true bi ll has been found. (Bouvier's 1B56 6th Ed. }
Bill :
A written statement of t he terms of a contract, or specification of the it em s of a
contract or of a dem an d. Also, a general name for any item of indebt ed ness,
whether receivable or payable. ( Blacks 6th)
The credito r's written statement of his claim, specifying the ite ms. ( Black's 1st)
Th e creditor's w ritten statement of his claim , specifyin g t he items. It d iffers from an
account stated in t his, that a bill is t he cre dito r's statement; an account stated is a
statement that has been assented t o by both parties. ( Bouvier's 3rd)
A formal declaration, compla int, or statement of particular things in writing . As a
legal term, this word has many meanings and applications, the more im portant of
wh ich are enumerated be low.
1. A formal written statement of compla int t o a court of j usti ce. In the ancient
practice of t he court of ki ng's ben ch, the usual and orderly method of beginning an
action was by a bill, or original bill, or plaint. Th is was a written statement of th e
pla intiffs cause of action, like a declaration or co m plai nt , and alwa ys alleged a
trespass as the ground of it, in order to give t he court jurisdiction . ( Bill Chamb er,
Bill of Privilege, Bill of Pro of) 2. A species of writ.
A f orma l written declaration by a cou rt to it's officers, in the natu re of process.
( Bill of Middlesex )
3. A forma l written petition . To a superi or court for action to be taken in a
cause already determined, or a r ecord or certifi ed account of th e proceedings in
such action or some portion th ereof, accompany ing such a petition . (Bill of
advocation, Bill of certiorar i, Bill of evidence, Bill of ex ceptions)
4. In equity practic e. A formal written comp laint, in t he nature of a petition,
addressed by a suitor in chancery t o the chancellor or to a court of equity or a co urt
ha ving equitable jurisdiction, showing the names of the parties, st ati ng t he fa cts
which make up the case and the complainant's all egations, av erring that th e acts
disclosed are contrary to equity , and praying for process and for specific relief, or
for such relief as the circumstances demand . (Bill fo r a new t rial, Bill fo r
foreclo sure, Bill f or fraud, Bill in ai d of ex ecution, Bill in nature of a bill of revi ew ,
Bill in nat ure of a bi ll of r ev ivor, Bill in nature of a supplem ent al bil l, Bill in n atu r e of
interpleader, Bill of conformity, Bill of discovery, Bill of information, Bill of
interpleader, Bill of peace, Bill of review, Bill of rev ivor, Cross -bill, )
5. In leg islat ion and constitutiona l law. The word means a draft of an act of th e
legislat ure before it becomes a law; a proposed or proj ected law . A draft of an act
presented to the legisl at ure, but not enacted . Also, a speci al act passed by a
leg islative body in the exercise of a quasi judicial power.
6. A solem n and f ormal leg islative decla ration of popular rig hts and li berti es .
Prom ulgat ed on certa in extra ordinary occa sions, as t he fam ous Bill of Rig hts in
Engl ish history. ( Bill of Rights)
7 . In the law of contracts. An obligation; a deed whereby th e obligor
acknowledges himself to owe to the obl igee a certa in sum of money or som e other

thing . It may be indented or poll, and with or wi tho ut a penalty. (Bill obligatory,
Bill of debt, Bill pe nal , Bill single)
8. In commercia l law. A written statement of the terms of a contract, or
specification of the items of a transaction or of a demand; also a general name for
any item of indebt edness, whether receivable or payable.
Accounts for goods sold, services rendered, or work done . as a verb, as
generally and customarily used in commercial transactions, "bin- is synonymous
with "charge" or "invoice". (Bill - book, Bill -head, Bill of lading, Bill of parcels, Bill of
sale, Bill payable, Bill receivable , Bill rendered, Grand bill of sale)
9. In the law of negotiable instruments . A promissory obligation for the
payment of money.
Standing alone or without qualifying words, the term is understood to mean a bank
note, United States treasury note, or other piece of paper circulating as money. (Bill
of credit, Bill of exchange, Domestic Bill of Exchange, Foreign Bill of Exchan ge,
I nland bill of exchange)
10. In Maritime law . The term is applied to contracts of various sorts, but
chiefly to bills of lading and to bills of adventure. (Bill of adventure, Bill of gross
adventure, Bill of health)
11. In revenue law and procedure .. The term is given to various documents
filed in or issuing from a custom house, principally of the sorts described below.
(Bill of entry, Bill of sight, Bill of store, Bill of sufferance)
12. In criminal law. A bill of indictment, see infra. (Bill of Appeal, Bill of
indictment)
-- Bill of appeal. An ancient, but now abolished, method of criminal prosecution .
-- Bill of indictment. A formal written document accusing a person or persons
named of havtnq committed a felony or m isdemeanor, lawfully laid before a gra nd
jury for their action upon it.
If the grand jury decide that a trial ought to be had, they indorse on it "a true bill ;"
if otherwise, "not a true bill" or "not found."
13. In common law practice. An itemized statement or specification of
particu lar det ails, especially items of cost or ch arge (Bill of costs, Bill of
particul ars)1 4. I n Engl ish law
A draft of a patent for a cha rter, commission, d ignit y, office, or ap pointment
Bill. True:
A tru e bill is an in di ctme nt approved of by a grand j ury . Vide Billa Vera ; True Bil l.
(Bouvier' s 18 56 6th Ed. )
Bill of Exchang e :
A w ritten order from A. to B., directing B. t o pay C. a certain sum of money t her ein
na med. A bill of exchange is an instrument, negotiable in form, by which one, who
is ca lled t he "drawer", requests another, called t he "drawee", to pay a specified
sum of money. A bill of exchange is an order by one person, called the "drawer" or
"maker", to another, called the "drawee" or "acceptor" , to pay money to another,
(who may be the drawer himself,) called the "payee", or his order, or to the bearer.
I f the payee, or a bearer, transfers the bill by endorsement, he then becomes the
"endorser". (Black's 1st

Bond :
A certificate or evidence of a debt on which the issuing com pany or governmental
bo dy promises to pay the bondhold ers a specified amount of interest fo r a specified
lengt h of t ime, and t o r epay t he loan on t he ex pirati on date. A lon g term debt
instrument that prom ises to pay th e lender a series of periodi c interest paymen ts in
addition to r eturn in g t he pri ncipal at maturity. I n every case a bond represents debt
- it's holder is a creditor of the corporation and not a part owner as is the
shareholder. (Black's 6th)
Bondage :
Sla very; invol untary personal servit ude; ca ptiv ity ( Black's 4th )
Calendar :
cri m . law . A list of prisoners, containing their names, the time when they were
com mitted, and by who m , and t he cau se of t heir co m mitments. ( Bouvier's 18 56
6th Ed.)
Calendar of Prisoners:
I n English practice. A list kept by the Sheriffs containing the names of all the
prisoners in their custody, with th e several judgments aga inst each in the ma rg in .
( Blacks 4t h)
~ecial Calendar:
A calendar of list of causes , containin g t hose set down sp ecially for he aring , t ria l, or
argument . ( Black's 4t h )
Calendar Year :
Th e period from January 1st t o December 31 , inclusiv ely . ( Black 's 4th )
Call :
N . Contract language. As used in contract, means demand for pay ment of,
especially by formal notice .
Conveyancing:
A vi sib le natural obj ect or landmark desig nat ed in a patent, entry, g rant, or
oth er convey ance of lands, as a li mit or bound ary to the land described, wi t h w h ich
the points of surveying m ust correspon d. Also the co urses and distances
designated.
Corporat ion Law . A demand by directors upon subscribers for shares for payment
of a portion or installment; in this sense, it is capable of t hree meanin gs: ( 1) The
resolution of t he di rectors to levy th e asse ssment; (2) its n otifi cation to the person s
liable to pay; ( 3) th e time wh en it becomes payab le .
Althou gh the t erms "call" and "assessment" are often used synonymously, t he latter
te rm applies with peculiar aptness to contributions above the par value of stock or
t he subscription liability of the stockholders.
Dealings in Futur es. Deposit of more margin .
Dealings in Securities or Grain. Option or right to dema nd a certa in amount of
securities or grai n at a fi xed price at or wit hin certai n ti me agreed on. ( Black' s 4 th )

Call :
To summon or demand by name; to demand the presence and participation of a
number of persons by calling aloud their names, either in a pr e-arr anged and
systematic order or in a succession determined by chance. Terms "called" and
"sold" are equivalent.
Call of the House, Calling a Summons, Calling an Election, Calling the Docket
The public calling of the docket or list of causes at commencement of term of
court for setting a time for trial or entering orders of continuance, default, non-suit,
etc. (Black's 4th)
Camera :
In old Englis h law. A chamber, room, or apartment; a judge's chamber; a treasury;
a chest or coffer. Also, a stipend payable from vassal t o lord; an annuit y . See In
Cam er a (Black 's 4th)
Case:
Act ion, cause, suit, or cont rove rsy . A general t erm for an acti on , cause, suit, or
controversy, at law or in equity; a quest ion contested before a court of j ustice; an
aggre gate of facts wh ich furn ishes occasio n for t he exercise of th e jurisdiction of a
court of j ustice.
The word "case' or "cause" means a judi cial proceeding for the determination of
a controversy between parties wherein rights are enforced or protected, or wrongs
are prevented, or redressed. Any proceeding judicial in it's nature.
Cases and controversies.
Th is term, as used in the constitution of the United States, embraces cla ims or
contentions of litigants brought before the court for adjudication by regu lar
proceedings established for the protection or enforcement of rights, or the
prevention, redress or punishment of wrongs. ; and whenever the claim or
contention of a party takes such a form that the judicial power is capable of acting
upon it, it has become a case or controversy. (Black's 4th)
Ca se :
remedies. This is the nam e of an action in very general u se, which lies whe re a
party sues fo r damages for any wrong or cause of complai nt to w hich cove nant or
tresp ass wi ll not lie. Steph . PI. 153 Wodd . 167 Ham. N. P.
1. Vid e Writ of tresp ass on t he case. In its m ost compre hensive signification,
case includes assu mpsit as we ll as an action in form ex delicto ; bu t w hen simply
mentioned, it is u su ally understood to mean an action in fo rm ex de licto . 7 T . R. 36.
It is a liberal action; Burr, 906,101 1 1 BI. Rep . 199; bailable at common law . 2
Barr 927-8; founded on the justice and conscience of the Tiffs case, and is in the
nature of a bill in equity 3 Burr, 1353, 1357 and the substance of a count in case is
the damage assigned . 1 BI. Rep. 200. (Bouvier's 18 56 6th Ed.)
Cash:
Money or it's equivalent; usually ready money. (Black's 4th)
commerce. Money on hand, which a merchant, trader or other person has to do
business with.
2. Cash price, in contracts, is the price of articles paid for in cash, in

contrad istinction to th e credit price. Pard . n. 85; Chipm . Contr. 110. I n com m on
parlance, bank notes are considered as cash ; but bills receivable are not .
( Bouvier' s 1856 6th Ed.)
Cause:
practice. A Contested qu estion before a court of justice; it is a Su it or acti on .
Causes are civil or cri minal. Wood's Civ . Law, 302; Code, 2,4 16 . (Bouvie r's 18 56
6th Ed.)
Cause of Action:
By this phrase is understood the right to bring an action. wh ich im pli es, that t her e
is som e person in existence who can assert, and also a person who can lawfull y be
su ed ; for example, where the payee of a bill was dead at the t ime when it fell due,
it was held t he cause of action did not accrue. and conse quent ly the statu te of
limitat ions did not be gin t o run un t il lett er s of adm inist rat ion ha d been obtained by
some one. 4 Bing. 686.
2. There is no cause of action t ill the claimant can legally sue, therefore the
statute of limitations does not run from the making of a promise, if it were to
perform something at a future time, but only from the expiration of that t ime,
t hough, when the obligor promises to pay on demand, or generally, without
specifying day, he may be sued immediately, and th en the cau se of action has
accrue d. 5 Bar . & Cr . 860 ; 8 Dowl . & R. 346 .When a wro ng has been com m itted , or
a bre ach of dut y ha s occurred, the cause of action has accrued. though the cla imant
may be ignorant of it . 3 Barn. & Ald. 288, 626 5 B. & C. 259; 4 c. & P. 127.
(Bouvier's 1856 6th Ed. )
Chamber of Accounts:
In French law . A sovereig n court, of great antiquity, in French, which t ook
cogn iza nce of and registe red t he account s of t he k ing's r evenu e; nea r the same as
the English court of exchequer. ( Black's 4th)
Chamber of Commerce:
A society of the principal m erchants and trad ers of a city, who meet to promote t he
general trade and commerce of the place. Some of these are incorporated, as in
Philadelphia . (Bouvier's 1856 6th Ed .)
Charge:
v , To im pose a burden, obligation or lien; to create a claim against property; to
claim, to demand ; to instruct a jury on matters of law. n . In general. An
encumbrance, lien, or burden ; an ob ligation, or duty; a li abilit y; an accu sation . In
contr acts . An obligation, binding upon him who enters int o it, whi ch may be
removed or taken away by a discharge . (Black's 1st )
Conversion of electrica l en ergy into chemica l energy with in a ce ll or sto rage
battery. ( Black's 4th)
I n criminal law
An accusation or or al cha rge. A forma l compla int, information, or in dictm ent . A
Count. (Black's 4th )
REDEMPTI ON MANUAL FOU RTH EDITION 543

Charge and Dischar~
Under former equity practice , in ta k ing an account before a mast er, a written
st ate m ent of ite m s for wh ich plaintiff asked credit and a co unt er -stat ement,
exhibiting claims or demands defend ant h eld against pla intiff. (Black's 4t h )
Charge-Back:
(a) A co llecting bank has a security inte rest in an it em and any accompan y ing
documents or the proceeds of eith er: . .. ( 2) In ca se of an item for which it has g iven
credit available for w ithdrawal as of right, to the extent of the credit gi ven, wh ether
or not the credit is drawn upon or there is a right of charge-back. (UCC 4 -
2 10(a)(2)
Charge-Sheet:
A pap er kept at a poli ce station to receive each night the names of the perso ns
brought and given into custody, th e nature of the accusation, and th e name of the
accuser in each case . (Black's 4th )
Charges:
T he expenses which have been incurr ed, or disbursements made, in connection
w ith a contract, suit or business transactio n. Spoken of an action, it is said t hat the
term includes m ore than what fa lls under th e t echni cal description of "costs ."
(Bla ck's 4th)
Chattels, p.J:QJ!e~
A term which includes all hinds of property, exc ept the freeho ld or things wh ich are
parcel of it. It is a more extensi ve term than
goods or effe cts. Debtors taken in execut ion, captives, apprentices , are accounted
chattel s. Godol. Orph. Leg. part 3, chap. 6, Sec. 1.
2 . Chattels are pers onal or real. Per sonal, are such as belong immediately t o th e
pers on of a man; chattels rea l, are such as eit her ap pe rtai n no t immediately t o the
person, but t o som et hi ng by way of dependen cy, as a box with the title deed s of
lands ; or such as are issuin g out of som e real est ate, as a lease of lands, or t erm of
years, which pass like personally to the executor of the owner. Co. Utt. 118; 1 Chit.
Pro 90; 8 Vin . Ab . 296; 11 Vin. Ab. 166; 14 Vin. Ab . 109 ; Bac. Ab. Baron, &c. C 2; 2
Kent, Com . 278; Dane' s Ab. Index, h .t.; Com . Dig. Biens, A; Bouv. I nst. Index, h.t.
CHEAT, criminal law, torts . A cheat is a deceitful practice, of a pu bli c nature, in
defrauding another of a known .rlqht , by some artful device, cont r ary t o the plain
rules of commo n honesty . 1 Hawk. 343.
2 . To constitute a cheat, the offence must be, t st. of a public nature for every
species of fraud and dishonesty in transactions between individuals is not the
subject- m atter of a crim ina l charge at com m on law; it must be such as is ca lculated
to defraud numbers , and to dec eive th e people in general. 2 East, P. C. 8 16; 7
John. R. 201; 14 Joh n . R. 371; 1 Greenl. R.
387; 6 . Mass. R. 72; 9 Cowen, R. 588 ; 9 Wend. R. 187; 1 Yerg. R. 76; 1 Mass. 137.
2. The cheating must be done by false weig hts, false measur es, f alse tokens, or t he
like, calcu lated to deceive numbers. 2 Burr, 1125; 1 W. BI. R. 273; Holt, R. 354 .
3 . That the obj ect of the defendant in defraud ing the prosecutor was successful.
If unsuccessful, it is a mere attempt. ( q .v .) 2 Mass. 139. When two or more ente r
REDEMPTION MANUAL FOURTH EDITI ON 544

into an agreement to cheat, the offence is a conspiracy . (q.v.) To call a man a
cheat is slanderous. Hetl. 167 ; 1 Roll's Ab. 53; 2 Lev. 62 . Vide Illiterate ; Token.
Chattel Paper:
"Chattel Paper" m eans a wr iting or writings wh ich evidence both a monetary
obligation and a secu rity int er est in a lease of specifi ed goods, but a charter or
other contract involvi ng the use or hire of a vessel is not chatte l paper. When a
transaction is evidenced by both a security agreement or a lea se and by an
instrument or series of instruments, the group of writings taken together
constitutes chattel paper. -- UCC 9-105(b)
Check: A dra ft drawn upon a bank and payable on demand, signed by the maker or
dr awer, containing an unconditional promise t o pay a su m certain in money to the
order of the payee.
The Federal Reserve Board defines a check as "a draft or order upon a bank or
banking house purporting to be drawn upon a deposit of funds for the paym ent at
all events of a certa in sum of money to as certa in person therein named or to him
or his order or to bearer and payable in st ant ly on demand. " It must conta in the
phrase "pay to the order of."
City:
In Enq land
An incorporated town or borough which is or has been the see of a bishop.
A lar ge tow n, incorporated with certain privileges . The inh abitants of a city. The
citizens.
I n America
A municipal corporation. Also a territory with in the corporate limits . (Black's
4th)
Civil Death. persons:

The change of the state (q.v.) of a person who is declared civilly dead by judgment
of a competent tribunal. In such case , the
person against whom such sentence is pronounced is considered dead. 2 John. R.
218. See Gilb . Uses, 150 ; 2 Buist. 188; Co. tit. 132; Jenk. Cent. 250; 1 Keble , 398;
Prest . on Convey. 140 . Vide Death, civil. (Bouvier's 1856 6th Ed .)
Civil Law :
That body of law which every practical nation, commonwea lth, or city has
established peculiarly for it self; more properly called "municipal " law, to distinguish
it from the "law of nature", and from int ern ational law. The system of jurisprudence
held and admin istered in the Roman Emp ire, particu larly as set forth in the
compilation of Justin ian and his successors -- comprising the ins ti tut es, Cod e,
Digest, and Novels , and collectively denominated the "Corpus Juris Civilis" , -- as
distinguished from th e common law of England and Canon law . ( Black 's 6t h)
Claim:
A challenge of property or ownership of a th ing which is wrongfully withheld; to
REDE MPTION MANUA L FOURTH EDITION 545

demand as one's own; to assert. A right or title. To state; to urge; to insist.
(Black's 4th) Note; A claim is a dispute over t itle!!! The master/servant
relationship. We must re -claim and reunite our RIGHT and TITLE to prevail. We
have VALUE only if we can ACQUIRE our RIGHTS. The subject/citizen (debtor/s lave
on the Plantation ! ) cannot own title nor do they ' p ossess title to their property.
To demand as one's own or as one 's right; to assert; to urge; to insist . A cause of
action. Means by or through which claimant obtains possession or enjoyment of
privilege or th ing. Demand for money or property as of right, e.g . insurance claim.
With respect to claims to a negotiable instrument of which a holder in due co urse

t ak es free, the term "claim" means any interest or remedy recogn ized in law or
equity t hat creates in the claimant a right to the interest or its proceeds .
Rig ht t o pay m ent, w hether or not such ri ght is reduced t o [ udqment , liquidated, un-
liquidated, fixed, conti ngent, m atured , un -matured , disput ed, undisput ed , legal,
equit able , secured , or un secured ; or right to an eq uita ble rem edy for breach of
performance if such breach gives ri se t o a ri ght t o payment, w heth er or not such
right to an eq uita ble rem ed y is reduced t o j udgment, fi xed, contingent , matured ,
un-matured, disputed, und isputed, secur ed, or unsecured. Bankrupt cy Code, §
101.
Clearing House, com. law;

Among the English bankers, the clearing house is a place in Lombard street, in
London, where the bankers of that city da ily
settle w ith each other the balances which they owe, or to which they are entit led .
Desks are placed around the room, one of which is appropriated to each banking
house, and they are: occupied in alphabetical order. Each clerk has a box or drawer
along side of him, and the name of the house he represents is inscri bed over his
head . A clerk of each house comes in about
half past three o'clock in the afternoon, and brings the drafts or checks on the other
bankers, which have been paid by his house that day, and deposit s them in the ir
proper draw ers. Th e clerk at the desk credits thei r accounts separa tely which they
have against him, as fo un d in t he drawer. Balances are t hus struck from all the
accoun t s, and t he clai ms t r ansferred from one t o
anoth er, until they are so wound up and cancelled , that each clerk has only to
settle w ith t w o or t hree others , and the balances are immediately paid . When drafts
are paid at so late an hour that t hey cannot be clea re d that day, th ey are sent to
the houses on which they are drawn, to be marked, that is, a mem or and um is
made on them, and they are to be clea red the next day.
See Gilbert's Practical Treatise on Banking, pp . 16-20, Babbage on the Economy of
Machines, n . 173, 174; Kelly's Cambist; Byles, on Bills, 106, 110; Pulling's Laws
and Customs of London, 437. (Bouvier's 1856 6th Ed.)
Clerk:
commerce, contract. A person in the employ of a merchant, who attends only to a
part of his business, while the merchant himself superintends the whole. He d iffers
from a factor in this, that the latter wholly supplies the place of his principal in

respect to the property con signed to h im . Pard . Dr. Com . n. 38, 1 Chit. Prad o 80; 2
BoUY. Inst. n. 1287. (Bouvier's 1856 6th Ed.)
Clerk :
officer. A person em ployed in an office, public or priva t e, for keeping records or
accoun ts. His business is to write or register, in pro per form, the transactions of the
tribunal or body to which he belongs. Some clerks, however, have little or no
writing to do in their offices, as, the clerk of the market, whose duties are confined
chiefly to su perintending the markets. In the English law, clerk also signifies a
cle rgyman. { BOUVier's 1856 6th Ed .}
Code :
A system used for br ev ity or secrecy of communication, in which arbitrarily chosen
words, letters, or symbols are assigned definite meanings . (Webster's)
A collection, compendium or revision of laws. A co m plete system of positive law,
scien t ifically arr anged and pr omulgat ed by leg isl ative auth orit y. ( Black's 4t h )
Cognizance:
practice. So met im es signifies jurisd iction and judicial power, an sometimes the
hearing of a matter judicially. It is a term used in t he acknowledgment of a fine .
See Vaughan's Rep. 207. {BOUVier's 1856 6th Ed .}
Collateral:
"Collateral" m eans th e prop erty subject t o a security int eres t , and includes accounts
and chattel paper which have been sold . UCC 9- 105{c}
Commerce:
t r ade, contracts. The exchange of commod ities fo r commodities; con sidered in a
legal point of view, it cons ists in t he various agreements wh ich have for t heir object
t o f acilitate the exchange of t he pr odu cts of th e earth or industry of man, wi th an
intent to re alize a profi t. Pard . Dr. Coin. n. 1. In a na rrower sense, commerce
signifies any recip roca l agreements between two persons, by wh ich one delivers to
t he other a thing, which the latter accepts, and for which he pays a consideration; if
the con sideration be money, it is call ed a sale; if any other thing than money, it is
calle d exch ange or barter. Dorn er, Dr . Pub . liv . 1, t it. 7, s. 1, n. 2 . Congress have
po wer by the const it ut ion to r egulate co m merce wi th foreign nat ions an d amon g
t he several states, an d w ith t he I nd ian t ribes. 1 Kent. 4 31; Story on Can st. Sec.
10 52 , et seq. The sense in wh ich the word co m merce is used in th e constitution
seems not only to include traffic, but intercourse and navigation. Story, Sec. 10 57 ;
9 Wheat. 190 , 191 , 21 5, 229 ; 1 Tu ck. BI. App . 249 to 252. Vide 17 John . R. 4 8 8 ; 4
John . Ch. R. 150 ; 6 John . Ch . R. 300; 1 Haist . R. 28 5 ; Id . 236; 3 Cowen R. 713 ; 12
Wh eat. R. 4 19; 1 Brock. R. 4 23; 11 Pet. R. 102; 6 Cowen , R. 169 ; 3 Dana , R. 274;
6 Pet. R.
5 15; 13 S. & R. 20 5. {BOUVier's 1856 6th Ed. }
Commercial Law :
A ph rase used to designat e the whole body of substantive jurisprudence ( e. g.
Uni form Commercial Code, Trut h in Len di n g Act) ap plicab le to th e righ ts,

interco urse, of persons eng aged in commerce, t r ade or m erca ntile pursuits .
( Black' s 6th)
Comm ercial Paper:

Bill s of ex change, prom issory notes, bank-checks, and other negot iable in strum ents
for th e paym ent of m on ey, wh ich, by their f orm and on th eir face, purpo rt to be
such instruments as are, by t he law- merchant, r ecognized as fa ll in g un der the
design at io n of "commerci al paper". Negotiable paper g iven in due course of
business, whether t he element of negotiability be given it by t he law-merchant or
by statute. ( Black's 4t h )
To Commit:
To send a per son to prison by vi rtue of a warrant or oth er la wfu l wr it, for t h e
co mmission of a crime, offence or misdemean or, or for a contempt, or non-
payment of a debt . ( Bouvi er' s 1856 6th Ed .)
Comm it :
To perp etrate, as a cr ime ; t o perfo rm , as an act.
To send a p erson t o prison by vi rtue of a lawful authority, for any crime or
co nte m pt, t o an asylum, workhouse, refo rmatory, or t he like, by authority of a
cou rt or magistra te .
To deliv er a defendan t to t he custody of a sheriff or mars h al, on his surrender by
his ba il.
Commitment:
crim in al law, practice. The warrant . or order by which a court or magistrate directs
a ministerial officer to take a person to prison . The commitment is either fo r further
hearing , ( q .v.) or it is final.
2. Th e fo rmal requisites of th e commitment are, 1st. that it be in writing, under
hand , and seal, and show th e authority of th e magistrate, and th e time and pl ace of
ma ki ng it. 3 Har . & McHen . 11 3 ; CharI. 280; 3 Cran ch, R. 448; see Harp. R. 3 13. I n
t his case it is said a seal is not indis pen sable.
3. - 2d. It must be made in the name of the United States, or of the
co mmonwealth , or people, as required by the constitution of the Unit ed St ates or,
of t he sever al states.
4 . - 3d . It sh oul d be directed t o th e ke eper o f the pri son, and not gen erally to
carry the pa rty to prison. 2 St r, 934 ; 1 Ld. Raym . 4 24 .
5. - 4th . The prisoner should be described by his name and surname, or the
name he gives as his.
6. - 5t h. The co mmitment ou gh t to state that t h e pa rty has been cha rged on
oath. 3 Cr anch , R.4 48. But see 2 Virg oCas . 50 4 ; 2 Bail . R. 290 .
7 . - 6t h. The parti cular cr ime cha rge d agai nst th e prison er shoul d be m ention ed
with convenient ce rtainty. 3 Cranch, R. 44 9; 11 St. T r. 304 . 3 18; Haw k. B. 2, C. 16,
S . 16 Chit. Cr. Law , 110.
8 . - 7th. The commitment should point out the place of imprisonment, and not
merely direct that the party be taken to prison. 2 St r. 934; 1 Ld. Ray. 4 24 .
9. - 8th . I n a final com mit ment, the command to the kee pe r of t he pr iso n
shoul d b e t o keep t he prison er " until he sha ll be discharged by du e course of law, "

when t he offence is not bailable; when it is bailable t h e gaoler should b e, directed
to keep the prisoner in his "said custody for want of sureties, or until he shall be
discharged by due course of law ."
When the commitment is not final, it is usual to commit the prisoner "for further
hear ing." Th e com m it ment is also ca lled a m ittimus. ( q.v .)
10. The act of sending a person to prison ch arg ed with t h e co m m ission of a
cri me by virtue of such a warrant is also call ed a commitment . Vide, generally, 4
Vin . Ab. 57 6 ; Bac . Ab. h.t.; 4 Cranch, R. 129 ; 4 Dall . R. 4 12 ; 1 Ashm. R. 248; 1
Cowen, R. 144; 3 Conn. R. 502; Wri9ht, R. 69 1; 2 Vi r9 . Cas. 276; Ha rdin, R. 249; 4
Mass. R. 497; 14 John. R. 371 2 Vir go Cas . 594 ;
1 Tyl er, R. 444; U. S. Dig. h.t . ( Bouvier's 18 56 6th Ed. )
Commitment:
I n practice. Th e warrant or mittimus b y which a court or magistrate directs an
officer to take a person to prison. Aut horit y for hol ding in prison one convisted of
crim e. A process dir ected t o a ministerial officer by which a pe rso n is t o b e confined
in pri son, usua lly issued by a court or magi strate.
A wa rrant wh ich does not direct an offi cer t o com m it a party to prison but on ly to
receive hi m into cust ody an d safel y keep him for further examination, is not a
commitment.
The act of sendin g a person to prison by means of such a warrant or order .
( Black's 4th )
Communication :
I nform ation giv en, t he sharin g of kno wledge by one with another; confe rence ;
consultation or bargaining preparatory to making a contract. I ntercour se;
connection . Also, the Masonic equ ivalent f or the word "meeting" . (Black's 4th)
Complaint:
I n civil practice
In those st ates havi ng a Code of Civil Procedure, the co m pl aint is the fi rst or
initiatory plea ding on the part of the plaintiff in a civil action. I t corresponds to t h e
declaration in the co mmon-law practice .
I n criminal law.
A ch arge, preferred before a magistrate having j urisdiction, t hat a per son n amed
(or an un known person) has co m mitted a specified offense, w ith an offer t o prov e
the fact, t o the en d t ha t a prosecuti on may be inst it uted . It is a t echnical t erm ,
descr iptiv e of proceedings before a magistrate. The complaint is an allegation,
made before a proper magistrate, t hat a person has been guilty of a designated
public offense. (Black's 1st )
I n some inst ances "com pl aint" is interchangeable with "inform atio n" .
And is often u sed interchang ea bly with "affid avit" . (Black's 4th)
CQm...p..ulsory Countertlaim :
A pleading shall state as a counterclaim any claim which at the time of serving the
plea ding the pleader has against any opposing party, if it arises out of the
transaction or occurrence that is t he subject matter of the opposing pa rty's claim
and does not require for it's adjudication th e presence of t hird pa rties of w hom t he

cou rt cannot acquir e jurisdiction . But the pl eader need not state t he claim if the
opposin g party brought suit by attachment or other process by which the court d id
not acquire jurisdiction to render a personal judgment on t hat cla im. Fed. R. Civil P.
13(a) For cla im to constitute a compu lsory countercla im, it must be logicall y
related to orig inal cla im and arise out of same subject matter on wh ich origina l
claim is ba sed; many of the same factu al legal issues, or offshoots of same basic
controversy between parties must be involved in a co mpu lsory counterclaim .
( Blac k's 6th - Codified at 28 USC Rule 13(a) )
Comptrollers :
Ther e ar e officers w ho bear this name, in t he t r easu ry department of the United
States.
2. There are t wo comptrollers. It is the dut y of the first to examine all accounts
settled by the first and fifth aud itors, an d certify t he balances arisin g thereon to the
register; to counter sign all warrants dr awn by the secretary of t he treasury, other
t han t hose drawn on t he r eq uisitions of th e secre ta ries of the war an d navy
department s, w hi ch sha ll be wa rra nted by law ; to r ep ort to t he secretary t he official
fo rms to be issued in the di fferent offi ces for collect in g th e publi c r evenues, and t he
mann er and form of stating the accou nts of the sever al persons employed th er e in ;
an d to superintend th e preservation of the public accounts, SUbj ect to his revi sion ;
an d to provide for the payment of all moneys which may be collected. Act of March
3,1817, sect. 8; Act of Sept. 2, 1789 , s. 2 Act of March 7,1 822.
3. To superinte nd the recovery of all debt s due to the United States; to direct
suits and legal proceedings, and to take such measures as may be authorized by
the laws, t o en fo rce pr o mpt payment of all such debt; Act of March 3, 181 7, se ct.
10 ; Act of Sept. 2 , 1789 , s. 2; t o lay befor e co ng ress annually, during t he first
w eek of their session, a list of such officers as shall have failed in that y ear t o ma ke
the settlement re quired by law; and a state ment of t he accounts in t he t r easu ry ,
war, and na vy departments, which may have remained more t han three years
unsettled, or on which ba lances appear to have been due more than three years
prior to the thirteenth day of September, then last past; together with a statement
of the causes which
have prevented a settlement of t he accounts, or the recovery of t he balances due
t o the United States . Act of March 3, 1809, sect. 2.
4 . Besid es t hese, thi s office r is required to perfor m minor duties, w hich t he plan
of t his work forbid s to be enu mera ted here.
S. His salary is t hree thousan d five hundr ed dollars per an num . Act of Feb . 20 ,
1804 , s. 1.
6. The duties of t he second comptroller are to examine all accounts settled by
the second, t hird and fourth auditors, an d certify the balances arising -thereon to
the secr etary of the depart m ent in which the expen diture has been incurr ed; to
counter-sign all the warrants drawn by t he secretary of th e treasury upon the
requisition of the secretaries of the war and navy
departments, which shall be warranted by law; t o re port to the sai d secretaries the
official forms t o be issu ed in t he different offices for disbursing public m on ey in
those depart ments , and th e man ner and f orm of keep ing and stating t he accounts
of the persons employed t herein, and to superinten d the preservation of public
accounts subject to his revision . His salary is three thousand dollars per annum . Act

of March 3, 1817, s. 9 and 15; Act of May 7, 1822.
7. A similar officer exists in se veral of th e st at es , whose official t itle is
comptroller of t he public accounts , au ditor genera l, or other t itle descript ive of th e
duties of th e offi ce. ( Bou vie r' s 1856 6th Ed.)
Comptroller:
A public officer of a state or municipal corporation , charged w ith certain duties in
relation t o the fiscal affairs of the same, prin cipally to examine and audit the
accounts of collectors of the public m oney, t o keep records , and report the fina ncial
situation from t ime to t ime. There are also officers bearing th is name in th e
treasury departm ent of the United States. ( Black' s 4th)
Conclusion of law: Statement of court as t o law applicable on basis of fa cts found

by jury, Finding by court as determined through application of ru les of la w . Th e
final judgment or decree required on basis of facts found or verdict.
Pr opositions of law which judge arrives at after, and as a result of, fi ndin g certain
facts in case tried w ithout jury or an advisory jury and as to these he must state
them sepa rately in writing . See also judgment.
Condemn:
To find or adjudge guilty . To adjudge or sentence. To adjudge (as an admiralty
court) that a vessel is a prize, or that she is unfit for service. To set apart or
expropriate property for public use, in the exercise of the power of eminent
domain . (Black's 4th)
Condemnation :
In admiralty law . The judgment or sentence of a court having j urisdicti on and
acting in rem, by whi ch (1 ) it is declared that a vessel which has been captured at
sea as a pri ze wa s lawfully so seiz ed and is liable to be treated as prize; or (2 ) that
property which has been seiz ed for an alleged vi olation of the revenue laws,
neutrality laws, navigation laws, etc. wa s lawfully so seized, and is, for su ch ca use,
forfeited to the go vernment; or (3) that the ve ssel wh ich is the subject of inq uiry is
unfit and unsafe for na vigation.
I n the civi l law. A sentence or judgment which conde mns someone t o do, to give,
or to pay something, or wh ich declares that his claim or pretensions are unfounded.
In real property law . T he process by wh ich pr operty of a private owne r is tak en for
pub lic use, w ithout his consent , but upon the aw ard and payment of just
co m pensation, bei ng in t he nature of a forced sale and conde mner stands toward
owner as bu yer towa rd seller . ( Black's 4th)
Condemnation :
mar. law . The sentence or judgment of a co urt of com pet ent jurisd iction that a ship
or vessel t aken as a prize on the high seas, was liabl e to cap ture, and was properl y
an d lega lly captured.
2. By the general practice of t he law of natio ns, a sen t ence of condem nation is,
at present , generally deem ed necessary in orde r to divest the t itle of a vessel t aken
as a prize. Until th is ha s be en don e th e original owner may r egain his property,
REDEMPTION MANUA L FOURTH EDITION 55 1

although t he ship may have been in possession of the enemy twenty -four h ou rs, or
carried infra praesidia. 1 Rob. Rep . 134; 3 Rob . Rep. 97, n.; Carth . 423; Chit. Law
of Nat. 99, 100; 10 Mod. 79; Abb. on Sh. 14; Wesk. on Ins. h.t.; Marsh . on Ins.
402 . A sentence of condemnation is generall y binding everywhere. Marsh. on Ins.
402 .
3. The t erm condem na tion is also applied t o the sentence which declar es a ship
to be unfit for service; th is sentence and t he gro unds of it may, how ever , be r e-
examin ed and litiga ted by parties int er est ed in disputing it. 5 Esp. N. P. C. 65 ; Abb .
on Shipp. 4 . (Bouvier's 1856 6th Ed. )
Condemnation:
civil law. A sentence of judgment which condemns some one t o do, to give, or to
pay somethi ng ; or wh ich declar es tha t his claim or preten sions are unfounded . T his
word is also used by common lawyer s, t hough it is m ore usu al to say convict io n,
both in civil and criminal cases. It is a maxim that no m an ought t o be condemned
unhear d, and wi thou t the opportunity of being heard . (Bouvier's 1856 6th Ed .)
Conditiona l Acceptance :
An engagement t o pay the draft or accept the offer on the happening of a cond ition .
A "conditiona l accept an ce" is in effect a statement that t he offeree is willing to
ente r into a bargain differing in some res pects from th at proposed in th e orig inal
offe r. Th e condit iona l acceptance is, therefore, itse lf a counter-offe r. ( Bla ck's 6th )
Consent :
A concurrence of wills . Voluntarily yielding the will to the proposition of another;
acquiescence or compliance th erewith.
"Consent" is an active ac quiescence as distinguished fr om "assent," meaning a
silent acqui escen ce. ( Blac k's 4t h)
Consideration :
Practice. A technical term indicati ng that a tribunal has heard and judicially
determined matters su bmitted to it .
Cont r acts. The inducement to a contract. The ca use, motive, price, or impelling
influence w hich induces a contracting party to enter into a cont ract . The reason or
m aterial cause of a co nt ract. ( Black's 4th)
Constitution :
contracts . The constitution of a cont r act , is the making of the contr act as, the
written constitut ion of a debt. 1 Bell's Com. 332, 5th ed. ( Bouv ier's 18 56 6th Ed. )
Contemp;t of Court:
Any act which is calculated to embarrass, hinder, or obs truct court in admin istrat ion
of j ustice, or which is calcula ted t o lesse n it's au t hority or it's di gnity. Contempts
are also classed as civil or crimi nal. The former are t hose quasi contempts w hich
consists in the failure to do something which the party is ordered by the court t o do
for the benefit or advantage of another party to the proceedings before the court,
wh il e criminal contempts are acts done in disrespect of the court or it's process or

which obst ruct the administration of justice or t end to bring t he cou rt int o
disrespect. (Blacks 4th)
Co n t r act :
"Cont r act " means the tota l legal obligation wh ich resu lts from the parties'
agreement as affected by th is code and any ot her applicable ru les of law . UCC 1-
201( 11)
Co n t r act :
T his t erm, in its more extensive sense, includes every descript ion of agreement, or
obliga tion, wh ereby one party becomes bound to anot he r to pay a sum of m oney,
or to do or omit to do a certa in act; or, a contract is an act whi ch con t ains a pe rfect
obligation. In its m ore confined sense, it is an agreement between t wo or more
persons, concerning something to be, done, where by both pa rties are hound to
each other, * or one is bound to the other . 1 Pow. Contr. 6 ; Civ. Code of Lo . art.
1754; Code Civ. 1101; Poth. Oblig . pt . i. c. 1, S. 1, Sec. 1; Blackst one, ( 2 Comm.
442,) defines it to be an agreement, upon a sufficient consideration, to do or not to
do a particular thing. A contract has also been defined to be a compact between
two or more per sons. 6 Cranch, R. 136.
2 . Contracts are divid ed into express or implied. An express contract is one
whe re the t er ms of t he ag reement are openly uttered an d avowed at the t ime of
m ak in g, as t o pa y a stated price for certain goods. 2 BI. Com . 443 .
3 . Express con t ra cts ar e of th ree sorts 1. BI parol, or in writi ng , as
cont ra dist in guis hed from spe cialti es. 2. By specialty or under sea l. 3. Of r ecord.
4 .-1. A parol co nt ract is defin ed t o be a bargain or vol unt ary agreement made,
either orally or in writing not under, sea l, upon a good consideration, between two
or more persons capable of contracting, to, do a lawful act, or to omi t to do
som et hing, the performance whereof is not enjoined by law. 1 Com . Contr. 2 Chit.
Contr. 2.
5. From this definition it appears, that to constitute a sufficient parol ag reement,
there must be, 1st. The reciprocal or mutual assent of two or more persons
comp etent to cont ract. Every agreement ought to be so certa in and complete, that
each party may have an act ion upon it; and the agreement would be incomplete if
either party wi thheld his asse nt to an y of its te rms . Peake' s R. 22 7; 3 T . R. 653; 1
B. & A. 68 1 1 Pick . R. 278 . Th e agreement mu st, in gen eral, be oblig atory on bot h
parties, or it binds neither. To this ru le t here are, ho wever, so me except ions, as in
th e case of an infant's con t ract . He m ay alwa ys sue, th ough he can not b e sued, on
his con t ract . Stra. 93 7 . See other instances ; 6 East, 30 7; 3 Taunt. 169 ; 5
Taunt. 788; 3 8 . & C. 23 2.
6 .-2d . There must be a good and valid consideration, motive or in ducem ent to
make the promise, upon which a party is charged , for this is of the very essen ce of
a contract under seal, and must exist, although the cont ract be reduced t o writing .
7 T. R. 350, note ( a) ; 2 BI. Coin. 444 . See this Dict. Consideration; Fonb. Tr. Eq.
335 , n. (a) Chit . Bill s. 68 .
7.-3d . There must be a thing to be done, wh ich is not forbidd en ; or a thing to
be omitted , the performance of which is not enjoined by law . A fraudu lent or
immoral cont ract, or one contrary t o public policy is vo id Chit. Contr. 2 15, 2 17,
222 : and it is also voi d if contrary to a st atute. Id . 228 t o 250; 1 Binn . 11 8 ; 4 Dall.

2984 Yeates, 24, 84; 6 Binn. 321; 4 5erg & Rawle, 159 ; 4 Dall. 269; 1 Binn. 1102
Browne's R. 48. As to contracts which are void for want of a compliance w ith the
statutes of
frauds, see Frauds, Statute of.
8.-2. The second kind of express contracts are specialties, or those wh ich are
made under seal, as deeds, bonds, and the like; they are not merely written, but
delivered over by the party bound. The solemnity and deliberation with wh ich, on
account of the ceremonies to be observed, a deed or bond is presumed to be
entered into, attach to it an importance and character which do not be long t o a
simple cont ract . I n the case of a specially, no conside ra tion is necessary to give it
validity, even in a
court of e q uity . Plowd . 308 ; 7 T. R. 4 77; 4 B. & A. 652; 3 T. R. 4 38 ; 3 Bi n gh. 111,
11 2 ; 1 Fonb. Eq, 342 , note When, a co ntract by s pecialty has been changed by a
parol agreement, the whole of it becomes a pa rol contract.
2 Watts, 4 51 ; 9 Pick. 298; see 13 Wend. 7l.
9. ·3. The highest kin d of express contracts are those of record, such as
judgments, recognizances of ba il, and in Englan d, statutes merchant and staple,
and other securities of the same nature, cutered into with the in t erventio n of some
public authority. 2 BI. Com. 4 6 5. See Authentic Facts.
10. Im plie d contracts are such as reason and justice dictat es , and which,
therefore, the law presumes every man undertakes to perform; as if a man
employs another to do any business for him, or perform any work, the law i m plies
that t he former contracted or undertook t o pay the latter as m uch as his labor is
worth ; see Qua nt um merwit ; or if one t akes up goods fro m a
trad esman, without any ag reement of price, th e law concludes t hat he contracts to
pay their value. 2 BI. Com . 44 3 . See Quantum valebant; Assum psit. Com. Dig .
Act ion upon the case upon assumpsit, A 1; Id . Agreement.
11. By the laws of Louisiana, when considered as to the obligation of the parties,
contracts are eith er unilateral or rec iprocal. When the party to whom the
engagement is made, makes no express agreement on his part, the contract is
called unilateral, even in cases where the law attaches certa in obligations to his
acceptance. Civ. Code of Lo. art. 1758. A loan for use,
and a loan of money, are of this kind. Pot h . Ob . P. 1, c. 1, s. I, art. 2. A reciprocal
contract is whe re t he parties expressly enter into mutual engagements such as
sale, hire, and th e like. Id.
12. Cont r acts, co nsidered in relation to th eir subst ance, are eithe r comm utative
or independent , pr incipal or accessory .
13. Commutative contracts, are those in which what is done, given or promised
by one party, is considered as equivalent to, or in consideration of what is done,
given or promised by the other. Civ. Code of La. art. 1761.
14 . Independent contracts are those in which the mutual acts or promises have
no relation to each other, either as equivalents or as considerations. Id . art. 1762.
15 . A principal contract is one entered int o by both parties, on their accounts, or
in the several qualities they assume.
16. An accessory contract is made for assuring the performance of a prior
contract, either by the same parties or by others, such as suretyship, mortgage,
and ple dges. Id. art. 1764. Poth. ObI. p. 1, c. 1, s . 1, a rt. 2, n . 14 .
17. Contracts, co nsi dered in rel ati on t o the mot ive for . making the m , are either

gratuitous or onerous. To be gratuitous, the object of a contract must be to benefit
the person with whom it is made, w ithout any profit or advantage, rece ived or
promised, as a consideration for it. It is not, however, the less gratuitous, if it
proceed either from gratitude for a benefit before received, or from the hope of
receiving one hereafter, although such benefits be of a pecu niary nature. I d. art.
1766 . Any t hing given or pro m ised , as a considerati on for t he engagement or gift;
any service, int erest , or con dition, imposed on what is gi ven or pro m ise d, although
unequal t o it in val ue, m akes a contr act onerous in it s nature . Id . art. 1767.
18 . Considered in relation to t he ir effects, contracts are either certa in or
hazardous. A contract is certain, when the thing to be done is supposed to depend
on the will of t he party, or when, in the usual course of events, it must happen in
t he manner stipulated. It is hazardous, when the performance . of that which is one
of its objects, depends on an uncertain event . Id. art . 17 69 .
19 . Pothier, in his ex cel lent treati se on Obligations, p. I, c. 1, s. 1, art. 2, di v ides
co ntracts und er the five followin g hea ds :
20. - 1. I nt o reciprocal and unilateral.
2 1.-2. Into consensual, or those which are formed by the mere consent of the
parties, such as sale, hiring and mandate; an d those in which it is necessary there
should be something more than mere consent, such as loan of money, deposit or
pl edg e, which fro m their natur e re qu ire a delivery of t he thi ng, (rei); whence they
are called rea l contra cts. See Real Contracts.
22. - 3. Into first, con t racts of mu tu al interest, which are such as are entered int o
f or t he reciprocal inte rest and utility of eac h of the parties, as sales exchange,
partnership, and t he like.
23 .-2d . Contracts of beneficence, which are those by which only one of the
contracting parties is benefited, as loans, deposit and mandate . 3d. Mixed
contracts, which are those by which one of t he parties confers a benefit on the
othe r, re ceiving something of inferio r value in return, such as a donat ion subject to
a ch arge,
24 .-4 . I nt o principal and accessory .
25.- 5. Into those which are subjected by the civil law to certa in ru les and forms,
and those which ate reg ulated by mere natural justice. See, generally, as to
contracts, Bouv. Inst. I nd ex , h .t. : Chitty on Contracts; Cem y n on Contracts;
New land on Contracts; Com. Dig . t it les Abatement , E 12, F 8; Admiralty, E 10, 11;
Action up on the Case upon Assumpsit; Ag reement;
Bargain and Sale ; Baron and Feme, Q; Condit ion; Dett, A 8 , 9; Enfant, B 5; Idiot, 0
1 Merchant , E 1; Pleader, 2 W, 11,43 ; Trad e 0 3; War, B 2; Bac. Abr. t it.
Agr eem ent ; Id. Assum psit ; Condition ; Obl igation; Vin . Abr . Condition; Contracts
and Agr eem ent s; Covenants; Vendor, Vendee; Supp. to Ves. jr. vol. 2, p. 260, 295,
376,44 1; Yelv. 47; 4 Ves. j r., 4 9 7 , 671;
Archb. Clv. PI. 22; Code ov. L. 3, tit. 3 to 18 ; Pothier's Tr. of Obligations Sugden
on Vendors and Purchasers; Story's excellent treatise on Bailments; Jones on
Bailment s; Toullier, Droit Civil Fr ancais, tomes 6 et 7 ; Ham . Parti es to Act ions, Ch .
1; Chit . Pro Index, h .t.; and t he articles Agreem ent; Apportionm en t ; Appropriation;
Assent; Assignment; Assum p sit ; Attest at ion ; Bailment; Bargain and sale; Bidder;
Bilateral contract; Bill of Exchange; Buyer; Commodate; Condition; Con sensual
contract; Conjunctive; Consummation; Construction; Centracto of benevolence;
Covenant; Cumulative contracts; Debt; Deed; Delegation . Delivery; Discharge Of a

contract; Disjunctive; Equ ity of a r edemption; Exchange ; Guaranty; Impairing th e
obligation of contracts; Insu ra nce; I nterested cont racts; Item; Misrepresentatio n;
Mortgag e; Mixed contract; Neg ociorum gestor; Novation ; Ob ligat ion ; Pactum
constitutae, pecunia e; Partners; Partnership; Pledge ; Prom ise; Purchaser; Quasi
contract; Repr esentation; Sa le ; Seller; Settlem ent; Simple contract; Syna llag m at ic
contract ; Subrogation; Title ; Unilateral con t ract. ( Bouv ier' s 1856 6th Ed. )
Contract :
A promissory agreem ent, between two or more per sons t hat creates, m odifi es, or
destroys a legal re lation .
An ag reement, upon sufficient cons ideration, to do or not to do a particular thing .
Parole
A contract not ent irely in writing. (Black's 4th)
ControversY :
A dispute arising between two or m ore persons. It differs from case, wh ich includes
all suits criminal as we ll as civil; wh ereas
controversy is a civil and not a criminal proce ed ing. 2 Da ll. R. 419, 4 31, 43 2 ; 1
Tuck. BI. Com . App. 420, 421 ; Story, Const. Sec. 1668.
2 . By the constitution of the Un ited States the judicial power shall extend t o
cont r ov ers ies to which the Un ited States shall be a party. Art. 2,
1. Th e meaning to be attached to the word controversy in the constitution, is t hat
above given. ( Bouvier' s 1856 6th Ed.)
Convict :
v. To condemn after judicial invest igat ion ; to find a man gUilty of a crim inal cha rge .
The word was f orm erly used also in the sense of find ing again st th e defendant in a
civ il case.
Formerly a man was said to be a convict when he had been found guilty of
t r eason or felony, but before judg ment had been pa ssed on hi m, after w hich he
was said to be attaint, (q. v. }.
n . One who has been fi nally condemn ed by a court. One who has been adjudg ed
guilty of a crime or m isdemeanor. Usually spoken of condemned felons or the
prisoners in pen itentiaries. (Black' s 4th)
Conviction:
In a general sen se, th e result of a criminal t ria l which ends in a judgment or
sente nce that th e prisoner is gUilty as char ged .
Th e act of convicting a person, or state of being convicted, of a criminal offen se.
A record of the summary proc eed ings upon any penal statute before one or mor e
j u sti ces of the peac e or ot her per sons duly authorized, in a case where th e offen de r
has been convicted and sentenced . In respect of pardoning power, verdict of g uilty.
In ordi nary phrase, th e mean in g of t he word "conv ict ion" is the fin ding by t he
jury that the accused is guilty. But, in legal parlance, it often denotes the final
j udgment of the court. (Bla ck 's 4th)
REDEMPTIO N MANUA L FOURTH EDITION 556

Coroner:
The name of an ancient officer of the common law, whose office an d functions are
cont inued in modern English and American administration . The coroner is an officer
belonging to each county and is charged with duties both judicial and ministerial,
but chiefly the former. It is his special province and duty to make inquiry into the
causes and cir cumstances of any death happening with in his territory which occurs
through violen ce or suddenly and with marks of suspicion . This examination (called
the "coroner's inquest") is held with a jury of proper persons upon view of t he dead
body. I n Eng land, another bran ch of his judicial office is to inquire concern ing
shi pwrecks , and certify whether wreck or not, and wh o is in possession of t he
good s; and also to inquire concernin g trea sure t rove, who were t he fin de rs, an d
wh ere it is, and whether anyone be suspect ed of having f ound and concea le d a
trea sure. It belon gs t o the ministerial office of th e coroner t o serve wri t and ot her
pro cess, and gener ally to disch arg e t h e duties of t h e sheriff, in case of t h e
incapacity of th at officer or a vacancy in his office. ( Black's 4th )
Coroner :
An officer whose princi pal duty it is to hold an inquisit ion, with the assistance o f a
j ury, over t he body of any pe rson who m ay have come to a violent death, or who
has died in prison . It is his duty also, in case of t h e death of t he sheriff, or when a
vacancy happe ns in t hat offi ce, to serve all the writs an d process which the sheriff
is usually bound to serve . The chi ef justice of the Ki ng's Bench is t he sovereig n or
chief co roner of all Eng land, althou g h it is n ot t o be understood t ha t he pe rfo r ms
th e act iv e duties of that office in an yon e count. 4 Rep . 57 , b. Vid e Bae. Ab . h.t.; 6
Yin. Ab .242; 3 Com . Dig . 242; 5 Com . Dig . 2 12; an d the art icl es Death ; Inquisi ti on .
2. Th e dut ies of th e coro ner are of the great est consequence to society, both for
t he purpose of bri nging to punishm ent m urderers and other offenders against the
lives of the citizens, an d of prot ectin g innocent persons from criminal accusat io ns.
His office, it is to be reg retted, is regarded with too much indifference. T his officer
should be properly acquainted with the medical and legal knowledge so absolutely
indispensable in the faithful discharge of his office. It not infrequently happens t h at
t he public mind is deeply impressed with t he guilt of the accused, an d when
pr ob ably h e is guilt y , and yet t he imperfections of the early examinations leave no
alternat iv e t o t h e j ury bu t t o acquit. It is pr op er in m ost cases to procure t h e
exam in at ion to be m ade by a ph y sicia n, and in some cases , it is his duty . 4 Ca r . &
P. 571. ( Bouvier 's 18 56 6t h Ed. )
Coroner's Inque st :
An inquisition or examination into t h e ca uses or circumst ances of any deat h
ha ppening by violence or under suspicious con ditions within his territory, held by
the co roner with the assist ance of a jury. ( Black's 4t h )
Cor poration:
An artificial person or legal entity created by or under t h e authority of laws of a
state. An association of persons created by statute as a legal entity . The law treats
t he co rporation itself as a person that can sue and be sued. The corpo ration is
dist inct from the individuals who comprise it (shareholders) . Th e co rporation
REDEMPTION MANUAL FOURTH EDlTION 557

survi ves th e death of it's investors , as t he shares can usually be tran sferred.
(Black's 6th)
Count:
v. I n pleadin g. To declare; to re cite; to state a case; to narrat e the facts
con stituting a plaint iff s cause of action. I n a special sense, to set out th e claim or
count of t he dem an dant in a re al action .
To plead orally ; t o pl ead or ar gue a case in court; t o r ecit e or read in court; to
recite a count in co urt.
n. In pleading . The pl aint iffs st atem ent of his cause of action. Th e differ ent pa rts of
a declaration, each of w hich, if it stood alon e, wou ld const it ute a ground fo r actio n .
Used also to signify th e several parts of an in di ctment , each chargi ng a dist inct
offense.
"Count" and " char ge" when used relative to allegations in an indictment o r
information are synonymous . (Blac k's 4th)
Count :
pleading . This wo rd , derived fro m the Fr ench cont e, a narrative, is in ou r old la w
books used synonymously with declaration but practice has introduced th e fo llowing
distinction: when the plaintiffs complaint embra ce s only a sin gle cause of action,
and he makes onl y one st at ement of it, that statem ent is called, indifferently , a
declaration or count; though the form er is th e more u sua l term.
2. But when the suit embraces two or m ore causes of action, ( each of whi ch of
cours e requires a different statement; ) or when t he plaint iff makes two or m o r e
different statem en ts of one and t he same cause of action, each severa l statement is
called a count , and all of t hem , collectively, const itute t he declarat ion .
3. In all cases, however, in w hi ch there are two or mor e counts, w het her t her e is
actually but one cause of action or severa l, each count purports, upo n th e f ace of it,
to disclose a d istinct rig ht of acti on, un connected with th at stated in any of the
other counts.
4. One object proposed, in insertin g two or m ore co unts in on e declaration, wh en
there is in fact but one cause of action, is, in so me cases, to guard against t he
danger of an insufficient st ate ment of the cause, where a doubt exists as t o th e
legal suffi ciency of one or another of two different modes of declaring; but th e more
usual end proposed in inserting more than on e co unt in such case, is to
accommodate the statement to the cause, as far as may be, to the po ssibl e st ate of
t he proof to be
exhi bite d on trial; or to guard , if possible, again st th e ha zard of the proofs va ry in g
materially from the statement of the cause of action ; so that if one or mor e or
several counts be not adapted to the evidence, some ot her of them ma y be so.
Gould on PI. c. 4, s. 2, 3, 4 ; 5teph. PI. 279 ; Dod. PI. 1 78; 8 Com. Dig . 291 ; Dan e's
Ab. I nd ex, h.t . : Bou v. Inst. Index, h.t. In r eal actions , the declaratio n is most
u sua lly call ed a count . Ste ph . PI. 36, See Common cou nt; Mone y count. ( Bouvier's
185 6 6th Ed. )
Counterclaim:
A claim presented by a defendant in opposition to or ded uction from the cla im of
th e plaintiff. Fed R. Civil P. 13. If established, such will defeat or diminish the
REDE MPTION MAN UA L FOURTH EDITION 558

plaintiffs claim . Under federal ru le practice, and also in most states, counterclaims
are either compulsory (required to be made) or permissive (made at option of
defendant). (Black's 6th)
Court.;
A space which is uncovered, but wh ich may be partly or wholly enclosed by
buildings or walls . (Black's 4th)
Court of Common Plea s:

The nam e of an Engli sh court which was established on t he break ing up of t he au la
r egis, for the det erm inat ion of pleas merely civil. It was at first ambulatory, but was
afterwards located. This jurisdiction is founded on original write issuing out of
chancery, in the cases of common persons. But when an attorney or person
belonging t o the court, is plaintiff, he sues by w rits, of privilege, and is sued by bill,
which is in the nature of a petition; both which originate in the common
pleas. See Bench ; Bane.
2 . There are cou rts in m ost of the states of the United States which be ar t he
name of com mon pleas; they ha ve vario us po wers and jurisdicti ons. ( Bouvier's
185 6 6t h Ed .)
Credit:
The ability of a business man to borrow money, or obtain goods on time, in
consequence of the favorable opinion held by the community, or by the particular
len der, as t o his solvency and reliability. That influence connected with certain
sod al positions. TIme allowed to the buyer of goods by the seller, in which t o make
paym ent for t hem . The corre lative of a debt; that is, a debt considered from the
cre ditor' s sta ndpoint, or t hat wh ich is incoming or due to one. Th at w hich is due t o
a person, as distinquish ed from debit, th at wh ich is due by him. Claim or cause of
action for specific sum of money.
A sum cr ed it ed on the books of a company to person who appears to be entitled
t o it. (Black's 4th)
common law, contracts. The ability to borrow, on the opin ion conceived by the
lender th at he will be repaid. This definition includes the effect and the im m ed iat e
cause of cred it . The debt due in consequence of such a contract is also called a
cre dit ; as, ad m inist r ator of an t he goods, chattels, effects and credits, &c.
2. The ti m e exte nded fo r the paym ent of goods sold , is also called a credit; as,
the goods w ere sold at six months cre dit.
3. In commercial la w, cre dit is under st ood as opposed to de bit; credit is what is
du e t o a merchant, debit, wh at is due by him
4. According to M. Duvergier, credit also signifies that infl uence acquired by
intrigue connect ed with certain social positions. 20 Toull. n .
19. Th is last species of credit is not, of such value as to be the object of commerce.
Vide generally,S Taunt. R. 338. (Bouvier's 1856 6th Ed .)
Th at which is extended to a buyer or borrower on the seller's or lender's belief that
t hat whi ch is given wil l be repai d. The term can be ap plied to unlimited types of
transacti ons. Under the UCC, any credit t r ansaction creating a security int er est in
property is call ed a "secured transactio n" . (Barron's 3rd)

Creditor:
A person t o whom a debt is owing by another person who is the "debtor. One who It
has a right to requ ire the fulfillment of a obligation or contract; one to whom money
is due, and, in ordinary acceptation, ha s reference to financial or business
transactions. (Black's 4th)
Cred its :
A term of universal application to obligations due and to become due.
A term used in taxation statutes to designate certain forms of persona l property . It
includes every claim and demand for m oney and every sum of money re ceivable at
stated period s, due or to becom e due, but not unaccrued rents to issue out of land.
(Black's 4th)
Crime:
A positive or negative act in violation of penal law; an offense aga inst the state.
"Crime" and "misdemeanor", properly speaking, are synonymous terms; though in
common usage "crime" is made to denote such offenses as are of a more atrocious
dye. An ad comm itted or omitted in violation of a public law . (Black's 4th )
Crim inal:
n. One who has committed a cri minal offense; one who has been legally convicted
of a crime; one adjudged guilty of crime. (Black's 4th)
Currency :
Coined money and such banknotes or other paper money as are authorized by law
an d do in fact circulate from hand to hand as the medium of exchange.
The term · m oney" is synonymous with "currency" and imports any currency,
token, bank notes, or other circulating medium in general use as the representative
of value. (Black's 4th)
Currency :
The m oney which passes, at a fixed value, from hand to hand; money which is
authorized by law .
2 . By art . 1, s. 8 , the Constitut ion of t he Unit ed States authorizes co ngress "to
co in money, and to r egulate t he va lue thereof." Cha nges in t he currency ought not
to be m ade but for t he most urgent reason, as they un settl e commerce , both at
home and abroad . Suppose Peter con t racts to pay Paul one thousan d dol lars in six
m onths-t he dollar of a certain fineness of silver, weighing one hun dr ed and twelve
an d a half grains -and afterwards, before the money becomes due, the value of the
doll ar is changed , and it weighs now but fifty-six an d a quarter grains ; wi ll one
tho usand of the new dollars pay the old debt? Different opinion may be entertained,
but it seems that such payment would be complete; because,!. The cred itor is
bound to receive the public currency; and, 2. He is bound to receive it at its legal
value . 6 Duverg . n. 174. (Bouvier's 1856 6th Ed.)
Debit :
A sum charged as due or owing. The term is used in book-keeping to denote the
left page of the ledger, or the chargin g of a person or an account with all that is
REDEMPTION MANU A L FOURTH EDITION 560

supplied to or paid out for him or f or t he subject of t he account.. Also, the balance
of an account w here it is sh ow n that something rema ins due to the party ke eping
the account. ( Black's 4th)
Debt :
A sum of money due by certain and express agreement; as by bond for a
determinate sum, a bill or note, a special bargain, or a rent reserved on a lease ,
w here t he amou nt is fixed and specific, and does not depend upon any su bsequent
val uation to settle it.
Synonyms:
The term "dem an d" is of much broader import than "debt," and embraces rig hts
of act ion belonging to the debtor beyond those which co uld appropriately be call ed
"debts". In th is resp ect the t erm "dem and" is one of very ex tensive im port .
Nevertheless, "debt" may be synonymous with "claim"; and may include any
kin d of a just demand.
The word dues is equivalent to "debts," or that wh ich is owing and has a
cont ract ual significance.
"Debt" is not exactly synonymous w ith "duty." A debt is a legal liability to pay a
specific sum of money; a duty is a legal obligation to perform some act .
"Obligati on" is a broader term than "debt". Every obligation is not a debt, though
every debt is an obligation .
The words "de bt" and " liabi lit y" are no t ne cessari ly sy nonymous . As applied t o
the pecuniary relations or parties, liability is a term of broader significance than
debt. liability is r esponsib ility; th e state of one w ho is bound in law and justice t o
do something wh ich may be enforced by action . Th is liabil ity may ari se from
con tracts either expr ess or implied, or in consequence of torts com mitted . "Liability"
ordi narily means an obligation whi ch mayor may not ripen into a deb t. Yet "debt"
may sometimes incl ude various kinds of liabilities. (Black's 4th)
Debt :
contracts . A sum of m oney due by certain an d express agreement. 3 BI. Com . 154 .
In a less techn ical sense, as in the "act to regulate arbitrations and proceedings in
courts of justice" of Pennsylvania, passed th e 21st of March, 1806, s. 5, it mean s
an claim for money. I n a still more enla rged sen se, it denotes any kind of a just
de mand ; as, th e debts of a bankrupt . 4 S. & R. 506 .
2. Debts arise or are proved by m att er of record, as judgment debts; by bonds
or specialties; and by simple contracts, wh ere the quantity is fixed and specific, and
does not depend upon any future va luation to settle it . 3 BI. Com. 154; 2 Hill. R.
220.
3. According to the civilians , debt s are divid ed int o active an d passive. By t he
f ormer is meant what is due to us, by the latter, what we owe. By liquid debt, th ey
understand one, the paym ent of which ma y be immedi at ely enforced, and no t one
which is due at a fut ure t ime, or is subj ect to a cond ition ; by hypothecat ed debt is
meant, one wh ich is a lien over an estate and a doubtful de bt, is one the payment
of which is uncertain. Clef des Loi s Rom . h.t.
4. Debts are discha rged in various wa ys, but pri nci pally by pa yment. See Accord
a~d Satisfactio n; Bankruptcy ; Confusion Compensation ; Del egatio n; Defea san ce;
Discharge of a contract; Ext inction ; ExtinguiShment; Form er recovery; Lapse of

time; Novation; Payment; Release; Rescission; Set off.
5 . In pa yment of debts, some are to be paid before others, in cases of insolvent
est at es first , in consequence of the character of the creditor, as debts due to the
Un ited States are generally to be fi rst pa id; and secondly, in consequence of the
nature of the debt, as funeral expenses and servants' wages, which are generally
paid in pr eference to other debt s. See Pref er ence; PriVilege ; Priorit y. ( Bouvier's
1856 6th Ed .)
Debtor:
"Debtor" means the person who owes payment or other performance of the
obligation secured , whether or not he or she owns or has rights in the collateral,
and includes the seller of accounts or chattel pape r . UCC 9 -105( d)
Debtor:
One who owes a debt; he who may be compelled to pay a claim or demand . Any one
liabl e on a clai m, wh ether d ue or t o become due .
T he term may be used sy n onymous ly with "ob ligor," mortgago r," an d t h e like.
( Black 's 4th)
Debtor:
contracts. One who owes a debt; he who may be constrained t o pay what he ow es .
2. A debt or is bound to pay his debt per sonally, an d all the estate he possesses
or may acquire, is also liable for his debt.
3 . Debtors are joint or several; joint, whe n they all equally owe th e deb t in
solido; in th is ca se if a suit should be necessary t o r ecover t he de bt , all t he debtors
must be sue d t ogether or , wh en so m e are dead, the surv ivors must be sue d, but
each is bound f or the whole debt, ha v ing a ri ght to co nt ributio n from th e oth ers;
they are several, w hen each promises severally t o pay t he wh ole debt; and
obligations are generally binding on both or all debtors jointly and severally. Whe n
th ey are severally bound
each may be sued separately, and on the payment of debt by one, the others wil l
be boun d to contrib ution, where all had participated in the money or property,
which was t he ca use of t he debt.
4 . De btors are also principal an d surety; t he principal debtor is b ound as
between him and his sure ty to pa y th e whol e debt. and if th e surety pay it, he will
be entit led t o recove r against the princi pal. Vide Bouv. l ost. Index, h.t. ; Vin . Ab.
Creditor and Debto r; Id. De bt; 8 Com . Dig . 288; Dig . 50, 16, 108 Id. 50, 16 , 178,
3; Toull. nv. 2, n. 25 0. (Bouvier's 1856 6th Ed.)
Debtor in Possession : I n bankruptcy, refers to debt or in a Ban kru pt cy Code

Chapter 11 or Chapt er 11 case either the de btor will remain in control of its
business or assets or a t ru stee will be appointed t o t ake control of the bus iness or
assets .
Decision:
A j udg ment or decr ee pron ounced by a court in settlement of a controversy
submitted to it and by way of authoritative answer to the questions ra ised before it .
A j udgm ent given by a competent tribunal.

T he fi ndings of fa ct and conclusions of law wh ich must be in writing and fi led w ith
t he cle rk. (Black's 4th )
Declaration:
In Pleading . The first of th e pleadings on the part of t he pla intiff in an action at law,
being a formal and m ethodi cal specificat ion of the f acts and circumstances
constit uting his cause of action . It com monly comprises severa l sections or
di visions, called "counts ," and it's form al parts follo w each other in th is order "Title,
venue, commencement. cau se of action, counts, co nclusion. The declaration, at
common law. answer s t o t he "libel" in ecclesiastica l and ad m iralty law, t he "bill" in
equity , the "petition" in civil law, t he "complaint" in code pleading, and t he "count"
in real actions.
It may be general or special: for example, in debt on a bond. a declaration
co unting on th e penal part only in general ; one whi ch se ts out both t he bond and
the con dition an d assigns the breach is special. (Black's 4t h)
D ecl a r at ion :
pleading. A declaration is a sp ecification, in a methodica l and logical form . of t he
circumstances wh ich constitute the pla intiffs cause of action. 1 Chit. PI. 248; Co.
Utt. 17. a, 303 , a; Bac. Abr. Pleas, B; Com . Dig. Plead er. C 7; Lawes on PI. 35;
Steph PI. 36; 6 Serg o & Rawle , 28 . I n r eal actions, it is m ost properly ca lled th e
cou nt; in a personal one. the declaration . Steph . PI. 36 Doct . PI. 83; Lawes, Plead .
33 ; see P. N. B. 16. a, 60, d . The latte r , however, is now the gen eral term ; being
that common ly used when referri ng to real and persona l actions without distinction.
3 Bouv. Inst. n. 28 15 .
2. The declaration in an action at la w answers t o th e bill in cha ncery, t he li bel of
the civilians, and th e allegation of th e ecclesi astical cou rts .
3 . It may be con sidered with reference, 1st. To tho se general requis ites or
qualities which govern the whole declara tion ; and 2d . To its form, particular parts,
and requisites .
4. -1. The general requ isites or qua lities of a declaration are fi rs t , that it
correspond with t he process. But, accord ing to t he pre sent pra ct ice of t he co urts.
oyer of the w rit cannot be cra ved; and a variance between th e writ and declaration
cannot be pleaded in abatem ent. 1 Saund. 318 ; a.
5. Secondly. The second general r equisite of a declaration is, that it contain a
stateme nt of all th e facts necessary in point of law, to su stain th e actio n, and no
more. Co. Litt. 303, a; Plowd. 84 , 12 2. See 2 Mass. 8 63; Cowp. 682; 6 East, R. 4 22
5 T. R. 623; Vin . Ab . Declarations .
6. Th ird ly. These circumstan ces m ust be sta t ed with certai nty and t ruth . The
certainty necessary in a decla ra t ion is, t o a certa in inte nt in genera l, wh ich should
pervade the whole decla ration, and is particu larly requ ired in setting forth . 1st. T he
parties; it must be st ated with certa inty who are the parties to t he suit, an d
therefore a declaration by or ag ainst "C D and Compan y, · not being a corpora tio n ,
is insufficient. See Com . Dig . Plead er. C I 8 1 Camp. R. 446 I T. R. 508; 3 Caines,
R. 170. 2d. The t ime; in pers onal action s the declarat ion mu st , in general, st ate a
t ime when ev ery material or t r aversable f act ha ppened; and when a ven ue is
necessary. t ime must also, be mentioned . 5 T . R. 620; Com. Dig . Plead . C 19;
Plo wd. 24; 14 East, R. 390 .; The precise tim e, ho wever, is not material; 2 Dall.

346 ; 3 Johns. R. 4 3 ; 13 Johns . R. 253 ; unless it constit utes a
materi a l part of t he contract declared upon , or whe re the date, &c. , of a written
contract or record, is averred ; 4 T . R. 590 10 Mod . 313 2 Cam p. R. 307, 8 , n.; or,
in ejectment, in which the demise must be stated to have been made after t he t itle
of the lessor of t he plaintiff, and his right of entry, accrued. 2 East , R. 257; 1 Johns.
Cas. 283 . 3d. The Pl ace . See Venue .
4t h . Other circumstances necessary t o maintain the action .
7 .-2 . The parts and particul ar r equisites of a declara tio n are, fi rst, t he tit le of
th e co urt and t erm. See 1 Chit . PI. 261, et seq .
8. Secondly . Th e ven ue . Im m ed iately aft er the t itle of th e declarati on f oll ow s
t he stat ement in the margin of the venue , or county in which t he facts are alleged
t o have occurred, and in which the cause is tried . See Venue.
9 . Thi rdly . The com mencem ent . Wha t is te rmed t he commencement of the
declara t io n follows t he venue in the margin, and precedes the more circumstantia l
state ment of the cause of action . It contains a stat ement, 1st. Of the names of the
pa rties to t he suit , and if they sue or be sued in anot her right, or in a political
capacity, ( as executors , assi gnees, qui lam , &c . ) of the chara cter or ri gh t in resp ect
of which th ey are parti es t o th e suit. 2d . Of th e m ode in which th e defendant has
been brought into court ; and , 3d . A bri ef recit al of th e form of act io n to be
proceeded in . 1 Saund . 31 8 , [ d. 111, 11 2; 6 T . R. 130 .
10. Fourthly. The statement of the ca use (if action, in which all the re quisites of
certainty before mentioned must be observed, necessarily varies, according to the
circumstances of each particular case, and the form of action, whether in
assumpsit, debt , covenant, detinue, case, trover, re plevin or trespass.
11. Fifthly . Th e several counts. A declaratio n ma y consist of as many counts as
th e case re qui res, and t he j ury m ay assess entire or dist inct da m ages on . all t he
co unts ; 3 Wils. R. 185 ; 2 Bay, R. 206 ; and it is usua l, particu larly in actions of
ass umpsit, debt on sim ple co nt ract, and actions on th e case , to set f orth t he
plaint iffs cause of action in various sha pes in different cou nts, so that if t he plaint iff
fail in proof of one count, he may succeed in another. 3 BI. Com . 295 .
12 . Sixthly . The conclusion. In personal and mixed actions the declar at io n
should co nclude t o the damage of the plaintiff; Com. Dig. Pleader, C 84; 10 Co .
11 6 , b. 117, a.; unless in sci re facias and in penal actions at t he suit of a common
informer.
13. Sevent hly. The profert and pledges. I n an action at the suit of an executor
or adm inistrator, im medi ately after the concl usion to th e da m ages, & c. , and before
th e pledges, a profert of t he letters t estamentary or letters of ad ministrati on should
be m ade. Bac. Abr. Execut or, C ; Do ug!. 6, in no tes. At the end of the declara t io n, it
is usual t o ad d the plaintiff is common pledges to prosecute, John Doe an d Richard
Roe .
14 . A declaration may be general or special; for example, in debt or bond, a
declaration countin g on the penal part only, is general; when it sets out both the
penalty and t he condition, and assigns the breach, it is special. Gou ld on PI. c. 4,
Sec. 50 . See, generally, Bouv . I nst. Index, h.t. 1 Chit. PI. 248 t o 40 2; Law es, PI.
I nd ex ) h.t.; Arch. Civ. PI. in dex , h .t.: Ste ph . PI. h .t.; Gra b. Pro n.t. : Com . Dig .
Plead er, h .t. ; Dane's Ab . h .t.; United States Dig . Pleadings ii. (Bouvi er' s 185 6 6th
Ed .)

D eduction :
That which is d edu cted ; the part t ak en aw ay ; abatement; as a deduction from the
yearly rent.
In Probate Law
By "deduction- is understood a portion or thing which an heir has a r ight to take
f ro m the m ass of th e succession before any pa rtit ion ta kes place.
Ta xation
As used in I ntern al Rev enue Code, relatin g t o t ax on cor pora tion , "dedu ction -
r efer s t o items which may be su btracted from a corporation's gross income in
arrivin g at net income. (Black's 4 t h )
Default:
T he neg lect to perform a leg al ob ligation or duty ; but in techn ica l lang uag e by
d efault is often understood the non -appearance of the defendant with in th e tim e
prescr ibed by law, t o defend himse lf; it al so si gn ifies the non- appea ra n ce of th e
pl ai ntiff to p rosecut e his claim.
2 . Wh en the plaintiff makes d efau lt , he may be nonsuited; and when the
def endant makes d efau lt, judgment by default is ren dered against him . Com. Dig.
Plead er, E 42 Id. B 11 . Vide article Judgm ent by Default, and 7 Yin. Ab. 4 29 ; DOd.
PI. 208 Grah. Pro 63 1. See, as to what will excuse or save a defa ul t , Co. Lltt. 259 b.
(Bouv ier' s 1B56 6th Ed .)
Defend :
To prohibit or f orbid. To d eny. To contest and endeavor to defe at a claim or
d em and made against on e in a court of justice .
DefendantJ.
Th e person d efen ding or den y ing; t he p arty agains t w hom rel ief or recov ery is
sought in an action or suit.
In co m mon usa ge, th is t erm is ap plie d t o t he party p ut upon h is defense or
su m moned to answ er a charg e or complaint, in any species of action, civil or
cri min al , at law or in equity. Strictly, however, it does not app ly to the person
again st wh om a real action is brought fo r in that proceeding the technical usage is
t o call t he parties respectively the "demandant" an d t he "tenant" . ( Black's 4 t h )
Delivery :
With re spect t o instru ments , docu ments o f title, chatte l paper or certified secu rities
m ean s vol untary transfer of possession . UCC 1- 201 (14 )
A v olunta ry transfer of title or possession from one party to another; a legally
recognized handing -over of one's possessory r ights to another.
Wher e actu al delivery w ou ld be cumbersome or impossible, the courts will find a
constructive d elivery sufficient, provided the int ent ion is clearly to transfer title.
(Barron's 3rd)
Demand:
cont racts . A cla im; a legal obligation .
2. lord Coke says, that demand is a word of art, and of an extent, in it s
signification, greater than any other w ord except cla im . Litt. sect. 508; Co. litt.

291 ; 2 Hill, R. 220; 9 S . & R. 124; 6 Watts and S . 226. Hence a re lease of a ll
demands is, in general, a re lease of all covenants, r eal and personal, con ditions,
whether broken or not, annuities, recognizances,
obligations, contracts, and the like. 3 Tho . Co. Litt. 427; 3 Penna, 120; 2 Hill, R.
228.
3 . But a release of all demands does n ot discharge rent before it is due, if it be a
rent incident to the reversion; for the rent was not only not due, but the
consideration - the future enjoyment of the lands - for which the rent was to be
give n, was not executed . 1 Sid . 141; 1 Lev. 99 3 Lev. 274; Bac. Ab. Release, I.
(Bouvier's 1856 6th Ed.)
Deny:
To traverse. To refuse to grant a petition or protest. (Black's 4th)
Digest:
civil law . The name sometimes given to the Pandects of Just inian; it is so called
because this compilation is reduced to order, quasi digestiae.
2 . It is an abridgment of the decisions of the praetors and the works of the
learned, and ancient writers on the law. It was made by order of the emperor
Justinian, who, in 530, published an ordinance entitled De Conceptione Digestorum,
which was addressed to Tribonian, and by which he was r equired to select some of
the most dist inguished lawyers to assist him in composing a collection of the best
decisions of the ancient lawyers, and compile them is fifty books, without co n fusion
or contradiction. The work was immediately commenced, and completed on the
16t h of December, 533 .
3. The Digest is divided in two different ways; the first, into fifty books, each
book into several titles, and each title into several laws at the head of each of them
is the name of the lawyer from. whose work it was t aken.
4. - 1. The first book conta ins twen ty-two titles; the subject of the first is De
justicia et jure ; of the div ision of person and things ; of magistrates, &c.
5 .-2 . The seco nd, div id ed into fifteen t itles, treats of the power of magist rates
and their j urisdiction; the manner of com mencing suits; of ag reements and
co mpromises.
6 .-3 . Th e th ird, compose d of six t it les, treats of t hose wh o can and t hose w h o
canno t sue ; of advocates an d attorneys and sy ndics; and of calumn y .
7 .-4 . Th e fourth, divid ed int o nine titles, treats of causes of rest itution of
subm iss ions and arbit ra t io ns ; of m in ors, carriers by water, innkeepers an d t hose
w ho have the care of t he pro perty of othe rs .
8 .-5. In the fifth t here are six t itl es, which. t reat of jurisd iction an d in officious
t est am ent s.
9 .-6. The subject , of the sixth , in which ther e are t hree t itles, is actions .
10. -7 . The seven t h, in nine titles , embraces whatever concerns usufructs,
personal serv it udes, habitations, the uses of real estate, and its appurtenances, and
of the sureties req uired of the usufructuary.
11. -8. The eighth book, in six titles, regulates urban and rura l servitud es .
12.-9. The ninth book, in four titles, explains certain personal actions.
13 .-10. The tenth, in fou r t itles, treats of mixed actions.
14. -11. The object of the eleventh book, conta in ing eight titles, is to regulate

interrogatories, th e cases of wh ich the judge was to take cogn izance, f ugi tive
slav es, of gamblers, of su rveyors who m ade false r eports, an d of funerals and
f u neral expenses .
15 .-1 2. The twelfth book, in sev en titles, regulat es personal actions in w h ich t he
plaintiff claims the title of a thing .
16.-13. The thirteenth, treats of certain particular actio ns, in sev en t itles.
17. - 14 . Thi s, like t h e last , regu lates certain actions : it has s ix titles.
18. - 15. Th e fifteenth, in fou r t itl es, t reats of actions for wh ich a father or master
is Hable, in consequence of the acts of h is ch ildren or slaves, and t hose to which he
is en t itled; of the peculium of ch ildren an d slaves, and of t he actions on t h is right .
19 .-1 6. Th e sixtee nth, in th ree t itles, contains the law . relating to the se natus
co nsultu m velleianu m , of compensation or set off, and of the act ion of deposit.
20 .- 17. Th e seve nteenth, in t w o t itles, expounds t he law of mandates and
partn ership.
2 1.- 18. Th e eighteent h bo ok, in seven tit les, explains the cont ract of sa le .
22 .- 19. The nineteent h, in five titles, t reats of th e actions w hich arise on a
contract of sale.
23 .-20 . The law relating to pawns, hypot hecation , the pref erence among
credit ors, and subrogation, occu py th e twentie th book , which contai ns six t itl es.
24 .-2 1. Th e twe nty- first book , explai ns under th ree titles , the edict of t he ediles
relati n g to t he sa le of slaves an d an im als ; t hen what re lates t o eviction s and
wa r ra nties.
25.-22 . The twe nty-secon d treats o f interest, profits an d accessories of th ings,
p roofs, p resu m pt ion s, and of ignorance of law an d fact . It is divided int o six titles .
26 .-23 . Th e twenty-third, in five t itle s, co ntains t he law of m ar ria ge, and its
accompanyin g agreement s.
27 .-24. The twenty-fourth , in t hree t itles, regu lates d onat ion s bet w een h usb an d
and wife, divorces, an d their consequence .
28.-25 . Th e twe nty-fifth is a continuat ion of t he subject of t he preceding . It
co ntains seven titles.
29 .-26 and 27. These t w o books, ea ch in two tit les, contain the law re lating t o
tut orship and cu ratorsh ip .
30 .-28. The t w enty - ei ghth, in eight titles, conta in's the la w on last wills and
testa ments.
3 1. -29 . The twenty-nin t h, in seven titles, is t h e continuation of the twenty-
eig hth book .
32 .- 30, 3 1, and 32 . These th ree books, each di vided in t o two t itles, conta in t he
law of t rusts and specific legacies.
33 .-33, 34, and 35 . Th e first of these, divided into te n titles; the second, int o
ni ne titl es; and the last into th ree titles, treat of va r ious kinds of leg acies.
34 .- 3 6. The t hirty-sixth, contai ning fo ur t it les, explains t he senatus consu ltum
t re be llian um, and the t ime when trusts becom e due.
35 .-37. This book, contai n ing fifteen title s, has two objects fi rst, t o regu late
successions; and, secon dly, t h e respect which children owe the ir pa rents, and
freedme n thei r patrons .
36.-38. Th e thirty-eighth book, in seventeen tit les, treat s of a var iet y of
subjects; of successions, and of the degree of k indred in successions; of
possession; and of heirs.

37 .-39 . T he thirty -nint h ex plains the m eans wh ich t he law an d t he pr aetor t ak e
to pr event a th reaten ed inju ry; and donat ions inter vivos and m ortis causa.
38 .- 40. The f orti eth, in sixteen titles , tre ats of t he state and co nditio n of
persons, and of w hat relates t o freedmen and libe rty .
39 .-4 1. T he different means of acquiring and losing title t o property, are
explai ned in the forty - first book, in ten t itl es.
40 .-42. Th e fo rty -second , in eight t itles, treats of the res j udicat a, an d of the
seizure an d sale of th e property of a deb t or.
41.-43. I nterdicts or possessory actions are t he object of t he fo rty-th ir d b oo k, in
t hree tit les.
4 2. -44 . Th e f orty - fourth co nt ains an enumerat ion of defen ces which ari se in
conseque nce of th e res judicata , fro m th e lapse of t im e, prescription , and the li k e.
Thi s occupies six t itles ; the seventh treat s of obligat ions and acti on s.
43. -4 5. T his speaks of stip ulations, by freedm en, or by slaves. It contains on ly
three t itles.
44 .-4 6. This book, in eight titl es, t reats of securities , nov ation s, and del eg ati ons,
pa yments, r el eases, an d acceptilat ions .
4 5. -47. In th e forty -seventh book are expla ined the puni shments in fl ict ed f or
private crimes, de privates dellctls, among which are included larcenies, slander,
libels, offences again st r eligion, and public manners, removing boun daries, and
other similar offences.
4 6. -48 . This book treat s of public cri mes, amon g wh ich are enumerated those
laesae maj estatis, ad ulte ry , m urder, p oisoning, parrici de, extortio n, an d th e like,
wit h rul es f or procedu re in such cases.
4 7 .-4 9. T he fo rty - nint h, in eig hteen t itles, treats of app eals, of the rig hts of t he
public treasu ry, of th ose w ho are in captivity, an d of their repurch ase.
48 .- 50 . The last book, in seventeen t itles, explains t he rig hts of m un icipalities .
an d th en treats of a variety of public officers .
4 9. Besides t his divi sion, Justi nian m ad e another, in w hich t he fifty boo ks were
di vided int o seven parts : The fi r st cont ains the first f our books; the second, from
t he fi fth t o t he eleventh book inclusi ve ; the th ird, from th e t welfth to t he nineteenth
inclusiv e; t he fourth, fro m t itl e twentieth t o t he twe nty-seventh inclusive ; th e fifth,
fro m th e t w enty -eighth t o the thi rty-s ix t h inclusive the six t h, co m menced wi t h t he
thi rty sevent h, and ended wi th th e fo rty-fo urth book; and the seventh or last w as
compose d
of th e last six books.
50. A thi rd division, which, ho weve r, is said not t o have been made by Justi n ian,
is in three parts. T he fi rst , ca lled digestu m vet us, because it was the fi r st pri nt ed. It
comme nces with the first b ook, and. incl udes the work t o t he end of th e secon d
title of t he twenty -fourth book. Th e second , ca lle d digestum inforti atum, becau se it
is supporte d or fo rtified by th e othe r t wo, it being th e middle; it com mences w ith
the be qinnin q of t he th ird t itle of t he twenty -fourth book and ends w ith t he th irty-
eig hth. The t hird, w hich begins w ith the th irty-ninth book and ends with t he work,
is cal led di gestum novum, because it was last printe d .
5 1. T he Digest , although, compiled in Consta ntino ple, was originally writte n in
Lat in, and afte rwards translat ed int o Greek .
52. Thi s work w as lost t o all Europe during a considera ble period, as indeed all
the law works of Ju st ini an were, except some fragm ent s of t he Code an d Novel s.

During the pilla ge of Am alp hi, in th e w ar between the two sol- disant pope s
I nn ocent II . and Anaclet I L, a soldier discovered an old manuscript, which attra cted
his attention by its envelope of many colors. It was car rie d to th e em pe ro r,
Clothaire II., and proved to be the Pandects of Justinian . The work was arranged in
it s pr esent order by Warner, a German, whose name, Latin ised, is Irnerius, wh o
was appointed professor of Roman law at Bol ogna, by that emperor. 1 Fourn el,
Hist. des Avocats, 44, 4 6, 51.
53. The Pandects conta in all whatsoever Justin ia n drew out of 150,0 00 v erses of
the old books of the Roman Jaw . The sty le of the Dig est is v ery gra ve and pure, and
differs not much fr om the elaquentist speech that ever the Roman s used. · T he
learning of the dige st stan ds rather in the discussing of subtle questions of la w , a nd
enumerations of t he variety of opinions of an cient law y ers thereupon, t han in
practical matters of dail y use . The Code of Just inian differs in these respects from ,
the Digest. It is less methodica l, but more practical; the style however, is a
barbarous Thracian phrase Lat in ised , such as never any mean Latinist spoke. T he
work is ot herwise rude and un sk illful. Ridley's View of the Clv . & Ecc. Law, pt. 1, ch .
2, Sec. 1, an d ch. 1, Sec. 2 .
54 . Differ ent opinions are entertain ed upon th e m erit s of the Digest, or Pand ect s,
Code, Au th entics and Feud s, as a sy st em of j ur isprudence . By so me it has b een
sever ely cri ticized, and even h ars hly cens ured, and by others as warm ly defended
the one party discov eri ng nothing but defects, and the oth er as obstinately
deter m ined t o find nothing but what is good and va luable. See Felangier i della
Legislazione, vol. 1, c. 7 . It must be confessed that it is not without defects. It
might have been comprehended in less extent, and in some parts arranged in
better order. It must be confessed also that it is less cong en ial as a who le, w ith the
prin ciples of free government, than the common law of Eng land . Yet, w ith all th ese
defects, it is a rich fountain of learning and reason; and of this monument of the
high cu lture and wisdom of the Roman j uri sts it may be said, as of all other w orks
in wh ich the good so much surpasses the bad.
Ut plura intent in carmine non ego peuds
Offendar maculis, quas aut incur ia fudit
Au t humana parum cavit natura .
HORAT. ART. POETI C, v . 35 1.
Discharg e :
The opposite of charge ; hence to release ; libe ra te ; annul; unburden; disincumb er .
In th e law of cont ra cts . To cance l or unloo se t he obl iga t ion of a contr act ; t o make
an agreement or con t ract null and inopera t ive . Discharge is a generic t er m ; it' s
principal species are r escission, rel ease, accord and satisfaction, performance,
j udqrne nt, composit ion, ban kruptcy , merger. (Black's 1st )
practice. The act by which a person in confinement, under some le gal process, or
held on an accusation of som e crime or m isdemeanor, is set at li berty; the writing
containing the order for his being so set at li berty , is also ca lled a discharg e.
2. The discharge of a defendant, in prison under a ca . sa ., wh en mad e by t he
plaintiff, has the operation of satisfying the debt, the plaintiff ha vin g n o ot her
remedy . 4 T. R. 526. But when the discharge is in consequence of t he insolvent
laws, or the defendant dies in prison, the debt is not satisfied . I n th e first place t h e
plaintiff ha s a remedy against the property of the defendant, acqu ired after his

discharge, and, in the last case, aga inst the executors or administrators of the
debtor. Bac. Ab.
Execution, D; Bingh. on Execution, 266. (Bouvier's 1856 6th Ed. )
Discount :
In a general sense, any allowance or deduction made from a gross sum on any
account whatever. In a more limited and technica l sense, the tak ing of interest in
advance.
By the language of the commercial world and the settled practice of banks, a
discount by bank m eans a drawback or deduction made upon it 's advances or loans
of money, upon negotiable paper or other evidences of debt payable at a future
day, which are transferred to the bank.
Although the discounting of notes or bills, in it's most comprehensive sense , may
mean lending money and taking notes in payment, yet, in it's more ordinary sense,
the discounting of notes or bill means advancing a consideration for a bill or note,
deducting or discounting the int erest which will accrue for the t ime the note has t o
run.
Discounting by a bank means lending money upon a note, and deducting t he
int er est or premium in advance.
Discount, as we have seen, is the difference between the price and the amount
of the debt, the evidence of wh ich is transferred. That difference represents int er est
charged, being at the same rate, according to which the price paid, if inv ested until
the maturity of the debt, will just produce its amount. (Black's 4th)
Dishonor :
A term applied to the non-fulfillment of commercial engagements. To dishonor a bill
of exchange or promissory note, is to refuse or neglect t o pay it at maturity.
Bouveir's 3rd In mercantile law and usage. To refuse or decline to accept a bill of
exchange, or to refuse or neglect to pay a bill or note at matu rity. A negotiable
instrument is dishonored when it is either not paid or not accepted, according to it 's
tenor, on presentment for that purpose, or without presentment, where that is
excused. Civil Code Cal. Section 3141 I (Black's 1st)
Dock:
The cage or enclosed space in a criminal court where prisoners stand when brought
in for trial.
The space in a river or harbor, enclosed between two wharves .
A slip or waterway extending between two piers or projecting wharves for the
reception of, ships, sometimes including the piers themselves.
"A dock is an artificial basin in connection with a harbor, used for the reception
of vessels in the taking on or the discharging of their cargoes, and provided with
gates for preventing the rise and fall of the waters occasioned by the t ides, and
keeping a uniform level within the docks." ( Black's 4th)
Docket:
v. To abstract and enter in a book. To make a brief entry of any proceeding in a
court of justice in the docket.

n , A m inute, abstract, or bri ef entry, or the book containing such entries . A small
piece of paper or parchment having the effect of a larger.
I n practice.
A formal record, ent er ed in brief, of the proceedings in a court of justic e.
A book containing an entry in brief of all th e im portan t acts done in court in th e
conduct of each case, from it 's inception to it's conclusio n.
The mane of "docket" or "trial docket " is someti mes g iven t o t he list or calen de r
of causes set to be t ried at a speci fied t erm, prepared by t he c1erls f or the use of
th e court and bar. (Black's 4t h )
Docket. striking a, :
A phrase formerly used in Eng lish bankruptcy practice. It referred to t he entry of
certain papers at the bankruptcy office, prelim inary t o the prosecution of t he fia t
against a trader who had becom e bankrupt. These papers cons isted of t he affida vit,
t he bond, and the petition of the cred itor, and their abject was t o obtain from t he
lord chancellor his fiat, authorizing th e petitioner to prosecute his compla int aga inst
the bankrupt in the bankruptcy courts. (Black's 4th)
Document of Title:
"Document of Title" includes bill of lading, dock warra nt, dock receipt, warehouse
receipt, or order for delivery of goods. EVidencing that th e person entitled un der the
docum ent has the ri ght to receive, hold and dispose of t he document and t he g ood s
it cove rs . UCC 1-201(15)
Dollar:
The unit employed in the Un ited States in ca lculating money values. It is of the
val ue of one hundred cents . Mon ey or currency issue d by lawful authorit y and
int ended to pass and circulate as such. (Black's 4th )
Dollar. money:
A silver coin of the United States of the value of on e hundred cents, or tenth part of
an eagle.
2 . It weighs four hundred and twe lve and a ha lf grains. Of one thousand parts,
nine hundred are of pure silver and one hund red of alloy. Act of January 18, 1837,
ss. 8 & 9, 4 Sharsw. Cont. of Story's L. U. S. 2523, 4;
Wright, R. 16 2.
3 . In all computations at the custom -hou se, the specie dollar of Swed en an d
Norway shall be estimated at one hundred and six cents. Th e specie dollar of
Denmark, at one hundred and fi ve cents. Act of May 22 , 1846. ( Bouvier' s 185 6
6th Ed. )
Double Entry :
A system of mercantile bookkeeping , in which t he entries in t he da y- boo k, etc. , are
posted t wice int o th e ledger. First, t o a per sonal account, t hat is, t o the accou nt of
t he person with whom t he dealing t o which any given en try r ef ers has tak en pla ce;
secondly, to an im personal account, as "goods." (Black's 1st)
A sy st em of bookkeeping, in wh ich th e ent ries are posted t wi ce int o th e ledger,
on ce as a credit and once as a debit. (Black's 6th)

Double Entry :
A term used among merchants to signify that books of account are kept in such a
manner that they present the debit and credit of every thing. The term is used in
contradistinction to single entry.
2. Keeping books by double entry is more ex act, because, presenting all the
active and all the passive property of the merchant, in their respective d iv isions,
there cannot be placed an article to, an account, which does not pass to some
correspondent account elsewhere. It presents a perfect, view of each operation,
and, from t h e relation and comparison of the divers accounts, which always keep
pace with each other, their correctness is pro ved; for every commercial operation is
n ecessarily co m pose d of two interests, whic h are connected t og eth er. Th e basis of
th is mode of keeping books, an d t he onl y condi ti on re quired , is to writ e down every
transaction and nothing else ; an d t o m ake no entry w ithout putting it down to t h e
two agents of t he opera tion. By this m ean s a merchant whose t ran saction s are
extensive , com prising a gr eat number of subjects, is able t o known not only the
general situation of his affairs, but also the situation of each particular operation.
For example, when a merchant receives money, his cash account becomes debtor,
and the person who has paid it, or the merchandise sold, is credited with it; when
he pays money, the cash account, is credited, And the merchandise bought, or the
obligation paid, is debited with it. See Single entry . (Bouvier's 1856 6th Ed.)
Draft :
An order in writing directin g a pe rson other tha n the maker to pay a specifie d sum
t o a na med person . Drafts m ay or m ay not be negotiable in strum en t s, depend ing
on wh ere the elements of negotiability are satisfied . Dra ft is synonymous with bill of
exchange. (Barron's 3rd)
"Draft" means a draft as defi n ed in Section 3-104 or an item, other than an
instrument, that is an order. UCC 4-104(7). An instrument is a "note" if it is a
promise, and is a "draft" if it is an order. UCC 3-104(e)
The common term for a bill of exchange; as be ing drawn by one person on another.
An order for the payment of money drawn by one person on another. It is sa id to
be a nomen generalissimum and to include all such orders.
The term includes a cashier's check ; but a draft is distinguishable from a
cash ier 's check in that a draft is a bill of exchange payable on demand purporting to
be dr awn on deposit w hile a cashier's check is a prim ary obliga tion of a bank which
issu es it and co nstitu tes it 's writte n promise to pay it on demand . It is disting uished
from "check" by the fact th at in a draft t he drawer is a ban k, w hile in t he ordinary
check, the drawer is a n indiv idual. (Bla ck 's 4th)
Drawe e :
One to whom a bill of exchange or a check directs a request to pay a certa in sum of
money specified therein . In the typical checking account situation, the bank is the
drawee, the person writing the check is the maker or drawer, and the person to
whom the check is written is the payee. (Barron's 3rd)
"Drawee" means a person ordered in a draft to make payment. UCC 3-103(2)
A person to whom a bill of exchange is addressed, and who is requested to pay the
amount of m oney therei n mentioned . (Black's 4th)

Drawer :
" Drawer " means the person who signs or is identified in a draft as a person ord ering
payment. UCC 3-103 (3)
The person drawing a bill of exchange and addressing it to t he drawee. ( Black 's
4th )
Dummy :
n. One who holds legal title for another; a straw man .
adj. Sham; make -believe; pretended; imit ati on . As respects basis for predicating
li ability on parent corporation for acts of subsidiary, "age ncy ," "adjunct: " bra nch,"
"instrumentality," "du m m y ," " buffer," and "t ool" all m ean very much th e sam e
thing . ( Black's 4th)
n. One who purchases property and holds legal title for another, usually to co ncea l
the ide nt ity of t he true own er; a st raw man.
adj. Sham; make-believe ; pretended; im it ati on . Perso n who serves in place of
another, or who serves until the proper person is named or ava ilable to ta ke his
place (dummy corporate officers; dummy owners of rea l estate). ( Black's 6th)
Dummy Corporation:
Corporation formed for sham purposes and not f or conduct of legit im at e business;
e.g. formed for sole r eason of avoi ding personal liability . ( Bla ck's 6th)
Earn :
To acquire by labor, service or performance . (Black's 4th)
Effigv :
crt m. law. The figure or representat ion of a person.
2. To make the effigy of a person with an intent to make him the obj ect of
rid icul e, is a libel. ( q .v.) Haw k . b . I , c. 7 3, s. 2 14 East , 227 ; 2 Chit. Cr. Law, 86 6 .
3 . I n France an execut ion by effigy or in effigy is adopted in the case of a
criminal who has fled from justice. By the public exposure or exh ibition of a picture
or representation of him on a scaffold , on wh ich his name and the decree
condemn ing him are written, he is deemed to undergo the punishment to wh ich he
has been sentenced. Since th e adoption of the Code Civil, the practice ha s be en to
affix t he names, qualities or addition, and the residence of the condemn ed person ,
tog ether wit h an extract from the sentence of con de mnation , t o a post set upright
in t he ground, instead of exhib iting a portr ait of him on the scaffold . Repertoi r e de
Vil largues; Biret , Vo cab . (BOUVier's 1856 6th Ed.)
The figure or corporeal representation of a person . (Black's 4th)
.EmPloyee:
For purposes of th is chapter, the te rm [ vemplovee" includes an officer, employ ee,
or elected official of the United St at es, a State, or any political subdivision thereof,
or th e District of Colum bia, or any agency or instrumentality of anyone or m ore of
the fo regoing. The term "em ployee" also includes an officer of a corporation .
(I nternal Revenu e Code, Sec. 340 1( d) Subtit le C )

Employ er:
For purposes of th is cha pter, t he t erm " employer" means th e person f or whom an
individual performs or perform ed any service, of whatever nature, , as t he
em ploye e of su ch person , ex cept that ( 1) if th e person for whom t he ind iv idual
perform s or performed the services does not ha ve control of t he pay m ent of t he
wages for such services, the t erm "empl oyer" m eans the person ha vin g co ntrol of
th e pa yment of such wages. ( I nt ern al Rev enue Cod e Sec. 34 01(d) Subt itle C )
Eo Nomine : Under or by what na me ; by that appell at ion, j ust as if it had been

delivered to you by that name . An "eo nominee" designation is one which descri bes
commodity by a sp ecific name, u suall y one well known to comm erce. Ord ina ri ly,
us e is not a cri teria in determ ining wh ether m erchand ise is embraced w ith in eo
nominee provi sion, but may be consid ered in determining identit y of eo nom in ee
designation .
.EQuity :
Most generall y justice, "ju stic e." Hist oricall y, "eq uit y " de veloped as a separate body
of law in Eng land in r eaction to the inability of the common law courts, in th eir st rict
adherence to writs and forms of action, to entertain or prov ide a rem edy for eve ry
injury. The king the refore est abl ishe d the high court of chancery, th e purpose of
w hich was to administer justice accord ing t o prin cip les of fairness in case s w here
the common law wo uld gi ve no or inadequate redress. Equity law, t o a large extent,
was formu lat ed in ma xim s, su ch as "eq uit y suffers not a right w ithout a reme dy " or
"equity follows the la w, " meani n g that equity will derives a m eans t o achie ve a
law ful re su lt when legal procedu re is inad eq uate. Equit y and law are n o lon ger
bifurcated but are now merge d in most j urisdi ct ions, th ough equity j urispru den ce
and eq uitable doctrines are sti ll indepe ndently viable. (B arron 's 3r d)
Justice administered accordin g t o fairness as contrasted with the st rictly f orm u lated
rules of co m mon law. It is based on a syste m of ru les an d prin cip les wh ich
originated in Engl an d as an alternati ve to the harsh rul es of common law an d w hich
we re ba sed on what was fai r in a particular sit uation . One sou ght r elief under thi s
sy stem in courts of equity rath er than in courts of law . Th e term "equity" den otes
the spirit and habit of fairness, justice, and right dealing wh ich wou ld regu late th e
intercourse of m en with men .
Equity is a body of juri sprudence, or fie ld of jurisdiction, diffe ring in it s onq m,

t heory and m eth ods fro m the commo n law; though procedu rally, in t he fe deral
courts and most stat e co urts, equit able and legal right s and rem edies are
admin ister ed in th e same co urt . See Equit y, co urts of
A system of jurisprudence collate ra l t o, and in some respects in depen dent of ,

"la w"; th e object of which is to rend er the adm inistrat ion of j ustice m ore com plete,
by afford ing reli ef w he re t he co urts of law are in competent t o gi ve it, or to give it
with effect, or by ex er cising certain branch es of juri sd iction in de pendent ly of t hem .
A stock holders' proportionate share (owners hip interest) in th e corp orat ion's cap ita l
stock and surplus. T he extent of an own er shi p interest in a vent ure . I n t his context,
REDEMPTION MANUAL FOURTH EDITI ON 574

eq uit y refers to a legal concept but to the financi al definition t hat an owner's equity
in a business is equal to the business's assets minus its liabilities .
Value of property or an enterprise over and above the indebt edne ss against it (e .g .
market value of house m inus mortgage) . See Real estate, below.
~ courts 0 : Courts which administer j ustice according t o t he system of
equity, and according to a pe culiar course of procedure or practice. Frequently
termed "courts of chancery. " With the procedural merger of law and equity in th e
federa l and most state courts, equity courts have been abolished.
~u ity of Redemption:
A right which the mortgagee of an estate has of r edeeming it, after it has been
fo rfeited at law by the non - paym ent at , the t ime appoint ed of t he money secure d
by t he mortgage to be paid , by pa ying the amount of the debt, interest and costs .
2. An eq uit y of redemption is a mere creature of a court of equity, founded on
th is principle, that as a mortgage is a pledge f or securing the repayment of a sum
of money t o th e mortgagee, it is but na t ura l j ustice t o consider the own er ship of
the land as still vested in the mortgagor, subject only to the legal t it le of the
mortgagee, so far as su ch legal titl e is necessary t o his security.
3 . I n Pen nsy lvania, however, redem pt ion is a legal right. 11 Serg o & Raw le, 22 3 .
4 . The phrase equity of rede mption is indiscrim inat ely , though perhaps not
correctly applied, to the right of the mortgagor to regain his estate, both before and
after breach of con dition, In North Carolina by statute th e former is called a legal
ri gh t of re de m ption; and the latter t he equity of r edempti on, t hereby kee pin g a j u st
distinction between t hese estates . 1 N. C. Rev . St. 266; 4 McCord, 340.
5. Once a mortgage always a mortgage, is a un iversal ru le in equit y . The right
of redemption is said to be as inseparable from a mortgage, as that of repleving
from a distr ess, an d every attempt to limit this right m ust fail. 2 Chan . Cas. 22 ; 1
Vern . 33, 190 ; 2 John. Ch. R. 30; 7 John. Ch. R. 4 0 ; 7 Cranch, R. 218; 2 Cowen,
324 ; 1 Yeates, R. 584; 2 Chan. R. 221; 2 Sumner, R. 487.
6 . The right of rede mption exists, not only in the mortgagor himself, but in his
heirs, and per sonal r epresentatives, and assignee, and in ev ery other person who
has an int erest in, or a legal or equitable lien upon the lands ; and therefore a
tenant in dower, a j oi ntr ess, a tenant by the curtsey, a rema inder-man and a
reversioner, a judgment cred itor, and ev ery other encumbrancer, un less he be an
encumbrancer pendente lite, may re deem . 4 Kent , Com. 156 ; 5 Pick. R. 149; 9
John . R. 59 1, 611 ; 9 Mass. R. 422; 2 Litt. R. 334; 1 Pick. R. 485; 14 Wend. R. 2 3 3;
5 John. Ch. R. 48 2; 6 N. H. Rep . 25; 7 Vin . Ab. 52 . Vide, generally, Cruise, Di9. t it .
I S, c. 3; 4 Kent, Com . 14 8; Pow. on Mort9. eh, 10 and 11; 2 Bla ck . Co m. 158; 13
Vin. Ab. 458; 2 Supp. to Ves. Jr. 368; 2 Jac. & Wa lk. 194, n.: 1 Hill. Ab. c . 31; and
article Ste llionate. (Bouvier's 1856 6th Ed.)
Escrow:
A scroll, writing, or deed, delivered by t he grantor, prom isor or ob ligor int o th e
hands of a th ird person, to be held by the latter until the happening of a
contingency or performance of a cond ition, and the n by h im delivered to the
g rantee, promise e or obligee .
The state or cond ition of a deed which is conditionally held by a third per son, or

th e possession and r etention of a deed by a th ird person pending a conditio n ; as
w hen an inst rument is said t o be delivered " in es crow". This use of the term ,
h owever, is a perversion of it's meaning. (Black's 4th)
A written inst ru ment , such as a deed, t empora ri ly deposited wit h a neutra l th ird
party, the escrow ag ent, by the agreem ent of t wo parties to a valid contract. Th e
escrow agent w ill deliver th e document t o t he benefit ed party w hen t he cond ition s
of th e contract have been met. Th e depositor has no control over t he instru ment in
escr ow . In common law, escrow applied t o t he deposits of inst ru m ent s for
co nv eyance of land, but now it applies t o all instruments so deposited. Mon ey or
prop erty so deposited is also loosely referred to as escrow. (Barron's 3rd )
fOstate :
The int erest wh ich anyone ha s in lands, or in any other subject of property. An
est at e in lands, tenements, or hered itaments, signifies such in t ere st as the t enant
ha s therein. The cond ition or circumstances in wh ich the owner stands w ith regard
to his property. In th is sense, "es t ate" is constantly used in conveyances in
connection with the words "ri ght , "ti t le, " and "int er est ," and is, in a great degr ee,
sy nonym ous with all of them.
The degree, quantity, nature, and extent of int er est which a person ha s in r eal
property is usually referred to as an est at e, and it varies from absolute own ersh ip
down to naked possession .
In another sense, "est ate" designates t he pr operty ( real or personal) in wh ich
one ha s a rig ht or in terest ; the subject-matter of owne rs hi p ; th e corp us of
property. T hus we spe ak of a "valuable estate," "all my estate," "se parat e estate,"
"trust estate," etc. This, also, is it's meani ng in th e classi fication of property into
" real estate" and "pe r sonal estate. II
Examen :
L. Lat.
A trial.
The balance of an account.
Examination:
An invest igat ion ; sea rch ; interrogating .
Criminal Pr act ice
An investiga tion by a m agistr at e of a person who has been char ged with crim e
and arrested, or of the facts and circ um st ances which are alleg ed to have attended
t he cri me and t o fa sten su spicio n up on the party so charged , in order t o ascertain
wh ether there is sufficient ground to ho ld him to ba il for his t rial by the proper
court.
The pre liminary hearin g t o determ ine whethe r person cha rged w ith havtnq
co m mitted a cri me should be held fo r trial.
Trial Practice
Th e ex am ination of a w itness con sists of the seri es of qu estions put t o him b y a
pa rty to the action, or his counsel, for the purpose of bringing before th e court and
jury th e legal form the k nowledge which th e witn ess has of the fa cts and matters in
di spute, or of probing an d sifting his evidence previously given .

Of a lo ng accou nt. Th is p hrase does not mean examinatio n of t he account to
ascertain th e r esult or effect of it , but proo f by testimony of correctness of items
composing it .
Of bankrupt. Th is is the interrogation of a bankrupt, in the co u rse of proceedings in
ba n kru pt cy , or prior to the adjudication, concerning the conduct of his bus iness, th e
cause of h is bankruptcy, his dealings w ith h is cred itors and othe r persons, t he
amount, k ind, and whereabouts of h is property, and a ll matters wh ich m ay affect
t he administration and settlement o f h is estate. Th is is authorized Ba nkruptcy A ct,
Section 7, 30 Stat. 548, 11 U.S .C.A. Section 25 .. (8lack's 4th)
Exam i nation :
practice. The int err og ation of a w itness, in ord er t o asc ertain his knowledge as t o
th e facts in dispute between parties. When the examinat ion is made by the party
who called the w itness, it is called an examination in chi ef. When it is made by the
othe r party, it is kno wn by the name of cross -ex amination . ( q .v.)
2. The examination is to be made in open court, when practica ble; but wh en,:
on account of age, sickness, or other cause, the w itness cannot be so ex a m ined ,
then it may be made before authorized commissioners. In the ex amin at ion in ch ief
the counsel cannot ask lead ing questions, except in particular cases. Vide Cross -
examination; Lead ing q uest ion .
3 . The laws of t he several states require the private exa m in ati on of a f em e
covert before a competent officer, in order to pa ss her t itle to her own r eal est ate
or the int erest she has in that of her husband: as t o the mode in which th is is t o be
done, see Ack now led gm e nt . See, also, 3 Call, R. 394; 5 Mason 's R. 59 ; 1 Hill, R.
11 0; 4 Leigh, R. 4 9 8 ; 2 Gill & John . 1; 3 Rand . R. 4 68 1 Monr. R. 49; 3 Monr. R.
397; 1 Edw. R. 572 ; 3 Yerg . R. 548 1 Yerg. R. 4 13 3 J. J. Marsh . R. 241 2 A . K.
Marsh . R. 67; 6 Wend. R. 9 ; 1 Dall. 11, 17; 3 Yeates , R. 471; 8 S. & R. 29 9 ; 4 S. &
R. 273. (Bouvier 's 1856 6th Ed .)
Exchange :
To barter; t o swap . To part w ith, give or t ransfer for an equiva lent,
Commercial Law
A negotiation by which one person transfers to another funds which he has in a
certain place, eit h er at a pri ce ag r eed upon or wh ich is fi xed by commercia l u sag e.
The process of settling accounts or debts between parties residing at a distance
fro m eac h other, w ithout the intervention of m oney , by exchangin g orders or
drafts, called bills of exchange; the payment of debts in different p laces by an
exchange or transfer of cr edits. (Black's 4th)
Exc hequer :
That departm ent of the English government which ha s charge of the colle ctio n o f
the national revenue; the treasury department.
It is said to have bee n so named from the cheq uer ed clot h , rese m bli ng a ch ess -
board, which a ncient ly cove red the table there, and on which , w hen ce rta in of th e
ki ng 's accounts were made up, the su ms were marked and scored w ith co u nters .
(Black's 4 t h )
R, Eng . law. An anc ient court of record set up by Will iam t h e Conq uero r . It is ca lle d
exchequer from t he chequ er ed cloth , r esembling a ch essboa rd, whic h cove rs t h e

table there. 3 Bl. Com . 45 . It cons ists of two divisions; the receipt of the
exchequer, which manages the royal revenue; and the court, or judicial part of it,
which is again divided into a court of equity , and a co urt of commo n law . Id . 44.
2. In th is court all personal act io ns may be broug ht, and suits in eq uity
commen ced, the plaintiff in both (fictitiously for the most part) alleging h imself to
be the king's debtor, in order to give the court jurisdiction of the cause. Wood des.
l ect. 69. But by stat. 2 Will . IV. c. 39 , s. 1, a change has been made in this
resp ect . (Bouvi er 's 1856 6th Ed. )
Execution :
contracts. The accomplishment of a thing; as the execution of a bond and warrant
of att orney , which is the signing, sealin g, an d deli very of t he same. ( Bo uvier's
1856 6t h Ed.)
Exempt:
v . To release, d isch ar ge, waive, relieve fr om liability
To reli eve, ex cu se or set free from a duty or service imposed upon the ge neral
class to wh ich the individual exempte d belon gs; as to exempt from militia service.
To relieve certain classes of property from liability to sale on ex ecution. (Black's
4th)
Exemption :
Freedom from a general duty or service; immunity from a general burden, tax. or charge.
A privilege allowed by law to a judgment debtor, by which he may hold property to a certain
amount. or certain classes of property. free from all liability to levy and sale on execution or
attachment.
A right given by law to a debtor to retain portion of his property free from claims of creditors.
An "exemption" contemplated by constitutional provision forbidding exemption of property
from taxation is an exemption from all taxation in any fonn.
An "exem ption" from inheritance tax is a ded uction.
As applied to taxation "exemption" is freedom from burden of enforced contrib utions to
expenses and maintenance of government.
Deduction made in dctennining taxable income is an "exemption". (Black's 4th)
Fealty :
I n f eudal law, fidelity , all egiance t o th e feudal lor d of the manor; the fe udal
obligation resting upon the tenant or vassal by which he was bound to be faithful
and t rue to his lord, and render him obedience an d service. This fealty was of two
so rts : t hat wh ich is general , and is due fro m every su bject to hi s prince ; the other
special, and requ ired of such only as in res pect t o th eir fee are tied by t h is oath to
their landlords.
Fealty signifies fidelity, the phrase "feal and leal" meaning simply "faithful and
loyal." Tenant s by knights' service and also tenan ts in socage were required to take
an oath of fealty to t he kin g or othe rs , th ei r immediately lords ; and fea lty was one
of t he con ditions of their t enur e, the bre ach of which opera ted a forfeitu re of the ir
estates.
Although foreign jurists consi dered fealty and homage as convertible terms,
beca use in so me continental coun tries t hey we re blended so as t o form one

engagement, yet they were no t to be confounded in our country, f or they did n ot
imply th e same thing , homage being th e acknowledgment of tenure, and f ealt y, t he
vassal oath of fidelity, being the essential f eu dal bond, an d t he anima t ing principle
of a fe ud, w ith out which it could no t subs ist. Black's la w Dict io nary 6 t h Edition
Fiction:
An assu m ption or supposit ion of law t ha t so met hi ng whi ch is or m ay be f alse is
tru e, or that a st at e of fa cts ex ists wh ich has never reall y tak en place. An
assu mptio n, for purposes of justi ce, of a fact th at does not, or ma y not exist .
A rule of law which ass umes as true , an d will not all ow t o be disproved,
so mething wh ich is false, but not impossible.
Th ese assumpt ions are of an innocent or even ben efici al character, an d are m ade
f or t he ad van cement of t he ends of j ustice . They se cure t his end ch iefly by t he
ex te nsion of procedure from cas es t o which it is appli cable to oth er cases to w hich
it is not st rictly applicable, the ground of inapp licability being som e difference of an
immaterial cha ra cter.
Fict ions are to be distingu ish ed from pr es um ptions of la w . By th e f orm er,
somet hi ng known to be fa lse or unreal is assumed as true; by the latter, an
inf erence is set up, which ma y be and probably is true, but whi ch, at any rate, t he
law will not pe rmit to be co nt rove rted . It ma y also be said t hat a presum ptio n is a
rul e of law prescribed f or th e purpose of getting at a certa in concl usion, th oug h
arbitrary , wh er e t he subject is intri n sica lly liable t o dou bt from the re m oteness,
discrepancy, or a ctual defect of proofs . (Blac k's 4 th )
Fiction of law :
So mething k now n t o be false is assumed t o be true. (Blacks 4th)
Th e assumpt ion -that a certai n thi ng is t rue, and which gives to a person or thing, a
qua lity which is not natura l t o it, and esta bl ishes, consequent ly , a certain
dispo siti on, w hich, without the fiction , would be repug nant to reason and to t ruth.
It is an or der of th in gs w hich does no t ex ist, but which t he law prescribe ; or
authorizes it differs fr om presu m ption , because it establis hes as tru e, something
which is fa lse; whe re as presumption supplies t he proof of somethi ng t rue. Dalloz,
Dict. h.t.
See 1 Toull. 171 , n. 203 ; 2 Toull. 2 17, n . 203; 11 Toull. 11, n . 10, note 2 ;
Ferguson, Moral Philosophy, part 5, c. 10, s. 3 Burgess on Insolvency, 139, 140 ;
Report of the Revisers of th e Civil Code of Pennsylvani a, March 1, 1832 , p. 8 .
2. The law never feigns what is impossi ble fictu m est id quod factum non es t
sed fieri potuit. Fiction is like art; it imitates nat ure, but never disfi gures it it aid s
truth, but it ought never to dest ro y it . I t may well suppose t hat what was possi b le,
but which is not , ex ists; but it will never feig n t hat w ha t was impossible, actua lly is.
D'Agu esseau, Oeuvr es, t ome iv. page 4 27, 47e Plaid over .
3 . Fictions were invented by t he Roman praet ors, who, not possessing the
power to abrog at e the law, were neverthel ess will ing to derogate from it, under the
pretence of doing equity . Ficti on is the reso urce of w eakn ess, wh ich, in order to
obtai n its object, assumes as a fact, what is known to be contrary to truth: when
t he .Iegislat or desir es t o acco mplish his object, he need not f eign, he comman ds .
fictions of law owe t heir orig in to t he leg islat iv e usurpat ions of t he bench . 4 Benth.
Ev. 300 .

4 . It is sa id that every fiction mu st be framed according to the rules of law, and
that every legal fiction must have equity for its object. 10 Co . 42; 10 Price's R. 154;
Cawp. 177. To prevent, their evil effects, they are not allowed to be carried furth er
than the reasons which in t ro duced them necessarily requ ire. 1 till. Ab . 610; Hawk.
320; Best on Pres. Sec. 20.
S. The law abounds in fictions. That an estate is in abeyance; the d octrine of
remitter, by wh ich a party who has been disseised of his freehold, an d afterward s
acquires a d ef ect iv e t itle, is rem itted to his former goo d t itle; that one thing d one
t oday, is consi dered as done, at a pre ced ing time by t he doctr ine of relation ; that,
becau se on e t hing is proved, another shall be p r esum ed t o be t ru e, which is the
case in all p res u m pt ion s; that th e heir , executo r, an d ad m ini strator stand by
representat io n , in t he p lace of t he deceased are all f ict ions of law . "Our various
intro duction of John Doe and Richard Roe , " says Mr. Evans, (Poth . on Ob. by Evans,
vol. n. p. 43, ) "ou r sole m n p rocess u pon disseisin by Hu gh Hu nt; our casually lo sin g
and finding a ship (which never was in Europe) in the pa rish of St. Mary Le Bow, in
t he ward of Cheap; our trying the val idity of a will by an imaginary, wager of five
pounds; our imagining and com passin g the king's death, by giving information
which may defeat an
attack upon an enemy's settlement in the antipodes our charge of picking a pocket,
or forging a b ill with force an d arms; of neglecting t o r ep air a bridge, against the
peace of our lord t he kin g, his crown and dignit y are circumstances, wh ich, looked
at by t hemselv es, w ou ld convey an impression of n o ve ry favora ble nat ure, with
r espect t o th e wis dom of ou r j urisprudence."
Vid e 13 Vin . Ab . 209; Mer!. Rep. h.t . ; Dane's Ab. I ndex, h.t. ; an d Rey , d es I n st. de
I'Ang!. t om e 2, p. 219, where he severely cesure s t hese fictions as absu r d and
u seless. (Bouvier's IB56 6th Ed.)
Fictitious :
Founded on a fiction; havinq the character of a fiction; pretended ; counterfeit.
Feigned, imaginary, not real, fa lse, not genuine, nonexistent. Bill alleging that
amount of mortgage sought to be canceled was "fictitious" held to allege that
mortgage wa s without consideration . Arbitrarily invented and set up, to accomplish
an ulterior object. (Black's 4 t h )
Fictitious Namg :
A co u nt erfeit, f eign ed , or p ret end ed n am e take n by a person , differ in g in some
essentia l particula r from his true name, (consisting of christian nam e and
patronvrntc.) with the implication that it is meant to deceive or mislead . ( Black's
4t h )
Fictitious Plaintiff:
A person appearing in the writ or record as the plaintiff in a su it, but who in rea lity
does not exist, or who is ign or ant of the suit and of the use of his name in it. It is a
contempt of court to sue in the name of a fictitious plaintiff. (Blacks 4th)
REDEMPTION MANUA L FOU RTH EDITION 580

Fiducia :
civ il law. A co ntract b y wh ich we sell a thing to som e one, t hat is, tra n smit to him
the property of the th ing, with the so lemn forms of emancipation, on condition that
he will sell it ba ck to us. This species of contract took place in th e eman cipation of
child ren, in t est am ent s, and in pledges. Pot h. Pand o h .t. (Bouvier's 1B56 6th Ed.)
Fiduciary :
The term is derived from the Roman law , and mean s, (as a noun) a person holding
the character of a trustee, or a character analogous to that of a trustee, in respect
to the trust and confidence involved in it and the scrupulou s good faith and cand or
wh ich it requ ires. A person having duty, created b y his undertakin g, to act
primarily for another's ben efi t in ma tters co nnected with such und erta king . ( Blac k 's
4th )
Fiduciary Capacity:
One is said to act in a "fidu ciary capacity" , or to receive m oney or con tract a d ebt in
a "fiduciary capacity", when the business which he t ransacts, or t he money or
pr operty wh ich he handles, is not his own or f or his ow n benefit, but fo r the benefi t
of an other person, as to whom he stands in a relation implying and ne cessitating
great confidence and trust on one part and a high degree of good faith on the oth er
part. The term is not restricted to t echnica l or express trusts, but includes also such
offices or relations as those of an attorney at law, a guardian, executor, or broker,
a director of a corporation, and a public officer. (Black's 4t h)
Fiduciary Contract :
An agreement by which one person delivers a thing to anoth er on the condition that
he will restore it to him . (Black's 4th)
fiduciary Debt:
A debt found ed on or arising from some confide nce or trust as disting uish ed from a
"debt" foun ded simply on contract. (Black's 4th)
Field W arehous e ReceiJ21..i

Document issued by warehouseman evidencing receipt of good s which have be en
stored. Such may be used as collateral for loans. (Black' s 6th)
Fine:
v. To impose a pecuniary punishment or mulct.
To sentence a person convicted of an offen se to pa y a penalty in money.
n, A sum of money paid at the end, to make an en d of a transaction, su it, or
prosecut ion ; mulct; penalty. A forfeit or f orfeiture. ( Black' s 4th)
Finding; The resu lt of the deli ber ations of a jury or a court. A decision upon a
question of fact reached as th e result of a judicia l exam ination or investi gat io n by a
court, jury, referee, coroner, etc. A r ecital of the facts as found . The w ord
~ommonly applies to the re sult reached by a j udqe or j ury. See also Decision;
judgment; Verdict .

Finding of Fact: Det erminat ion from the evi dence of a cas e, eith er by co urt or an
administrative agency, concerni n g fa cts averred by one party and denied by
another. A determinat ion of a fact by the co urt , averred by one party and denied by
the other, and foun ded on ev id en ce in case. A co nclusion by wa y of r easonable
infer ence from the evidence. Also th e answ er of the j ury to a specifi c interroga tory
pr opounded t o them as to the exist ence or non-existen ce of a fact in issue .
Conclusion dra wn b y tr ia l co urt from f acts w ithout exer cise of legal j udgmen t .
Com pare Con clusion of law .
fINDING Of fACTS, See FI NDING.
Firm :
The word "firm" is conve ntio na l t erm, applicable only to persons who ar e members
of fi rm on particular oc casi on when name is used, and means name, titl e, or style
under which a company tran sacts business, a partnership of t w o or m ore persons,
or a commercial house, and is syn on ym ous with "company", "house", "partnersh ip",
an d "concern" , (Black 's 4th)
Fisc:
civil law . The treasury of a prince. The pu blic treasury. Hence to confiscate a th ing ,
is to appropriate it to the fi sc. Paill et, Droit Public, 2 1, n, says that fiscu s, in th e
Roman law, signified th e treasure of the prin ce, and aerarium, th e treasure of the
st at e. But th is distinction w as not observe d in Fran ce. See Law 10, ft . De jure Fiset.
( Bouvier's 1856 6th Ed.)
Fiscal:
Of or pertaining t o t he publi c treasury or revenue, of or pertaining t o financial
matters generally. Belonging t o t he fiscal or pub lic treasury. Relating t o accounts or
t he managem ent of re venue. Of o r pertain ing t o t he publi c fi nances of a
government. ( Black's 4th )
Fiscal Year:
Th e year by or for wh ich accounts are r eckoned, or th e year betw een one annual
tim e of settl ement or balan cing of accounts and anoth er . An accounting period of
twelve months. A period of twelv e months (not nece ssarily concurrent with th e
calendar yea r) with reference to wh ich appropriation s are made and exp enditures
authorized, and at th e en d of wh ich accounts are m ade up and the books bala nced.
(Black's 4t h)
For Value:
See Holder (Black 's 4th)
Foreclosure:
To shut out, to ba r, t o dest r oy , to destroy an equity of re dem ption. A t erm ination of
all ri ghts of t he mortgagor or his grantee in t he property covered by the mortgage.
A process in cha ncery by which all furth er right exist ing in a mortgagor to
r ed eem the estate is defeat ed an d lost to him, and t he est ate becom es the absolut e
property of t he mortgagee ; be ing applicable when the mortgagor has forfe ited his

estate by non-payment of the money due on the mortgage at the time appointed,
but still reta ins the equity of r edemption.
The term is also loosel y applied t o any of the various methods, statutory or
otherwise, known in d ifferent j uri sd ictions, of enforcing payment of the debt
secured by a mortgage, by taking and selling the mortgaged estate.
Foreclosure is also applied to proceed ing founded upon some other liens; thus
there are proceedings to foreclose a m echanic's lien. It is a proceeding in court or
out of court, when provided for by a va lid contract, to subject property or part
thereof covered by a li en to payment of debt secured by the lien, and it has effect
of extinguishing all right, t itle, or interest, if any, of defendants in the property.
(Black's 4th)
Fourteenth Amendment :
The Fourteenth Amendment of the constitution of the United States.
It became a part of the organic law July 28th, 1868, and it's importance entitles
it to special mention. It creates or at least recognizes for the first t ime a citizenship
of the United States, as distinct from that of the states; forbids the making or
enforcement by any state of any law abridging the privileges and immunities of
citizens of the United States; and secures all "persons" against any state action
which is either deprivation of life, liberty, or property without due process of law or
denial of the equal protection of the laws. (Black's 4th)
Free:
Not subject to legal constraint of another.
Unconstrained; having power to follow the dictates of his own will. Not subj ect to
the dominion of another. Not compelled to involuntary servitude. Used in this sense
as opposed to "slave".
Not bound to service for a fixed term of years; in distinction to being bound as
an apprentice.
Enjoying full civic rights.
Available to all citizens alike without charge; as a free school.
.Available for public use without charge or toll; as a free bridge.
Not despotic; assuring liberty; defending individual rights aga inst encroachment
by any person or class; instituted by a free people; said of governments,
institutions, etc..
Certain. and also consistent with an honorable degree in life; as free services, in
the feudal law.
Confined to the person possessing, instead of being shared by others; as a free
fishery.
Not engaged in a war as a belligerent or ally; neutral; as in the maxim, "Free
ships make free goods." (Black's 4th}.
Free and Clear :

(And like phrases). The title to property is said to be "free and clear" when it is not
encumbered by any liens; but it is said that an agreement to convey land "fr ee and
clear" is satisfied by a conveyance passing a good t itle. (Bla ck's 4th )

Free law:
A te rm formerly used in England to designate the freedom of civil rights enjoyed by
freemen . It wa s liable t o forfeiture on conv iction of treason or an infa mous crime.
(Black's 4th)
Freedom:
The state of being free; liberty; self-determination; absence of restra int ; the
·"1)Ptl0sit e of sla very .
The power of acting, in the character of a moral personality, according to the
dictates of the will, without other check, hindrance, or prohibition than such as may
be imposed by just and necessary laws and the duties of social life.
The prevalence, in the government and constitution of a country, of such a
system of laws and instit ut ions as secure civil liberty to the individual citizen .
(Black's 4t h )
Freeholder:
One having title to realty. Either of inheritance or for life. Either legal or equitable
title. (Black's 4th)
Fre eman:
A person in the possession and enjoyment of all the civil and political r ights
accorded to the people under a free government.
In the Roman law , it denoted one who was either born free or emancipated, and
was the opposite of "s lave." In feudal law, it designated an allodial proprietor, as
distinguished from a vassal or feudal tenant. In old English law , the word described
a freeholder or tenant by free services; one who was not a villa in . In modern legal
phraseology , it is the appellation of a member of a city or borough having the right
of suffra ge, or a member of any municipal corporation invested with full civic
rights . (Black's 4t h )
Fund:
v. T o capitalize with a view t o t he production of int erest . Also, to put into the f orm
of bonds, stocks, or othe r securities, bearing regula r interest , an d to provide or
appropriate a fun d or perm an ent reven ue for t he paym ent th ereof.
To fund a debt is t o pled ge a specific fund to keep down the interest and reduce
t he prin cipal.
n . A generic term and all -embraci ng as com pared wi t h t erm " m on ey, " etc., which
is speci fic .
A sum of m on ey set apa rt for a specific purpose, or availability for t he paym ent
of debts or clai ms.
I n it's narrower and more usual sense, "fund" signifies "capita l", as opposed to
"interest" or "income"; as where we speak of a corporation funding the arrears of
interest due on it's bonds, or the like, meaning that the interest is capital ized and
made to bear interest in it's turn until it is r epaid .
I n the plural, this word has a variety of slightly different meanings, as follows:
Moneys and much more, such as notes, bills, ch ecks, drafts, stocks and bonds,
and in broader meaning may include property of every kind .
Money in hand; as sets; cash; money available for the paym ent of a debt, legacy ,

etc.
The pr oceeds of sales of rea l and personal estate , or the pro ceeds of any other
assets converted int o money.
Corporate stocks or government securities; in this sense usually spoken of as t he
"funds."
Assets, securiti es, bonds, or r even ue of a st at e or government ap propriated for
th e discharge of it 's debts.
Public Funds
An un - t echnical nam e for ( 1) t he r eve nu e or money of a govern m ent , state, or
m unicipal corporation; ( 2) t he bonds, stocks, or other securities of a na tional or
stat e go vern ment. Money, warrants, or bonds, or other paper having a money
val ue, and belonging t o t he stat e, or t o any county, city, in corp orated t ow n or
school district. The t erm applies to fu nds of every political subdiv ision of state
wh erei n ta xes are levied for publi c purposes. (Black' s 4th)
Gage:
In old Eng lish law, a pawn or pledge; somethin g deposit ed as security fo r t he
performa nce of some act or the pay m ent of money, and t o be forfeited on f ailure or
non-perform ance. A m ortgage is a dead-gage or pledge; for, whatsoeve r profit it
yields, it re deems not itself, unless t he whole amount is paid at the appointed
time. (Black's 4th)
Go To Protest:
Commercial paper is sai d to -go t o protest" when it is dishonored by non- payment
or n on -acceptance and is handed t o a notary for prot est. ( Black's 4th)
GQQds:
A term of va ri able con tent and meanin g. All things which are moveabl e at t he t ime
of ident ification to the contract fo r sale , investm ent securi ties, and th ings in act io n.
Also includes the unborn young of an imal s. ( Blac k's 6th )
"Good s" includes all t hings t hat ar e m oveable at t he t im e t he securi ty interest
atta ches. UCC 9- 105(h)
Government De Facto:
A government of fa ct. A governm ent actua lly ex ercisi ng po wer an d control in t he
state, as opposed to the t rue and la wful governm ent; a gove rn ment n ot est ablished
according to the constitution of the state, or not lawfully ent it led t o r ecog nition or
supr em acy, but which has nevertheless supplanted or displaced the govern m ent de
j ure. A government dee m ed unlawful, or deemed w rongful or unjust, which,
nevertheless. receives pr esent ly habitual obedience from the bulk of the
com munity.
Th ere are several degrees of wha t is called "de facto government". Such a
government, in it 's highest degr ee, assum es a ch aracte r very closely rese m bling
that of a lawful government. This is w hen th e usurping gove rnme nt ex pels th e
regular auth orities fro m t heir custo mary seats and functions, an d establishes itse lf
in their place, and so becomes t he actual govern m ent of a country. The
d ist~nguis h i n g characteristic of such a government is that adherents to it in war
against the government de jure do not incur the penalties of treason; and, under
REDEMPTION MANUAL FOURTH EDITION 5B5

certain lim it at ions, obligations ass umed by it in behalf of the country or ot herwise
will, in general, be r espect ed by the government de jure when restored .
Such a government m ight be more aptl y denominated a " government of
par am ou n t fo rce," being maintained by active milit ary po wer against the rightful
authority of an established an d la wful govern ment; and obeyed in civ il matters by
private citizens. They are usually administered dir ectly by m ilit ar y authority, but
th ey ma y be administered, also, by civil authority, suppo rted more or less by
military fo rce. (Black's 4t h)
Government De Jure:
A government of ri ght ; the tru e and lawful governm ent; a governmen t establi shed
according t o t he constitutio n of t he sta te , and lawfull y entitled t o r ecog nit io n and
supremacy and t he admi nistration of t he state, but w hich is act ually cut off from
power or contro l. A gov ernm en t deemed lawful, or deem ed rightf ul or j ust , wh ich ,
neverthe less, has been supplanted or displaced ; th at is to say, w hich receives not
present ly (a lthough it r eceived fo rme rly) habitual obedi en ce fro m the bulk of the
comm unity . ( Black's 4th )
Grace:
A fa vor or indulgence as distin guished from a right. The \ Iord chancello r was
instructed to take cognizance of m atter s of grace, being such subjects of equity
j urisdiction as we re exclus ively m atter s of equity.
A facult y license or disp ensation ; also general and free pardon by act of
parlia ment. (Blac k's 4th)
Guarantee:
One to w hom a guara nty is made . This word is also used, as a noun, to denote the
contract of quaranty or t he obligation of a guarantor, and, as a ve rb, to denote t he
action of ass uming t he r esponsibilit ies of a guarantor. ( Black's 4th )
Guaranty :
v. To undertake collate rally to answer fo r the payment of another's de bt or the
perfo rmance of another 's duty, liability, or obligation ; to assume t he r esp on si bil it y
of a guarant or; to wa rrant. (Black's 4th )
n. A collat er al ag reement for performance of another's un de rtak ing . A promise to
answer for payment of debt or performance of obligation if perso n liabl e in first
instan ce f ails to m ake payment or perform obligation . An und ertakin g by one
person to be answerable f or t he paym en t of some debt, or t he due performance of
some contract or duty , by ano ther person, who himself re mains liable t o payor
perform t he same.
Synonyms
The t erm s guaranty and suretyship are someti mes used int erc hangeably ; but
they should not be confo unded . The co n t ra ct of the guarantor is hi s own separate
contract.. I t is in the nature of a warranty by hi m that the t hing g uarantied t o be
do ne by t he principal sh all be done, not merely an engagem ent j oint ly w ith the
principal to do the thing . The origi nal contract of t he principal is not his contract ,
and he is not bound to t ake notice of it s non -performance.
Guaranty and warranty are derived from the same root, and are in fa ct

etymologically t he same word, the "g" of the Norman French being inte rchangeable
with the Eng lish "w". They are often used colloquially and in commercial
transactions as having the same signification, as where a piece of machinery or the
pro duce of an estate is "guarantied" for a te rm of years, "warranted" being the
more appropriate term in such a case . A distinction is also sometimes made in
commercial usage, by which the term "gu aranty· is understood as a collateral
warr anty ( often a conditional one) against some default or event in t he futur e,
while the t erm "warranty" is t aken as m eaning an absolute underta king in
praesenti, , aga inst t he defect, or for the quantity or quality conte m plat ed by t he
parties in t he subject-matter of t he co nt r act. But in strict lega l usage the two terms
are widely d istinguished in this, t hat a w arranty is an absolut e undertaking or
liability on the part of the warrantor, and t he contract is void unless it is strictly and
literally pe rform ed, while a guaranty is a promise, ent ir ely collateral t o the original
contract, and not imposing any primary li ability on the guarantor, but bindin g him
to be answerable f or t he failu re or defau lt of another. ( Black's 4th)
HearinQ....;.
Proce eding of r elative formality, gen erally publi c, with de finite issues of f act or of
law t o be tri ed, in which parties proceed ed aga inst have right t o be heard, and is
m uch t he same as a t ri al and m ay termina te in fi nal order. Synonymous w ith trial,
and includes reception of evidence and arguments t hereon . It is frequently used in
a broader and more popular significance to descri be whatever takes place before
magistrat es clothed with judicial functions and sitting without jury at any stage of
t he proceedings subsequent to its inception, and m ay include proceedings bef o r e an
auditor . ( Black's 4th)
Hedge:
A purchase of grain to protect agai nst loss due to flu ctuat ion s in price.
To safegua r d one's self from loss on a bet or speculation by making
co m pens atory arrangements on the othe r side . (Black's 4t h)
Hedging :
A means by wh ich collectors an d exporters of grain or other products, and
ma nufacturers, who make con tracts in advance for t he sale of t heir goods , secure
th emselv es against th e fluctuations of th e market by counter contr acts for t he
purcha se or sale of an equal quantity of th e product or of t he material of
manufacture. T he acti on of on e who buys comm od ities in selling an equal am ount
of such com modities on exchange for t he purpose of insura nce against fl uctuations
in price.
The t erm "hedge,· as used in the milling business, means when the m iller enters
into a contract for the delivery of flour at a future date, he buys wheat on the stock
exchange for fut ur e delivery, an d when he purchases wheat for actual delivery from
t he grain elevator to fulfill the contract which he had previously made to furn ish
flour , he sells t he wheat which he has bou ght on t he stock exchange. (Black's 4th)
Hell :
The name formerly given to a place under the exchequer chamber, where the king's
debt ors were confined . (Black's 4th)

Holder :
T he holder of a bill of exchange, promissory note, or check is the person who has
legally acquired possession of the same, by endorsement or delivery, and who is
entitled to receive payment of the instrument. (Black's 4th)
H older i n Due Course :

A holder who has taken a bill of ex change (check or note) complete and regular of
the face of it, un der the follow ing conditions, namely: (a) That he became the
holder of it before it was overdue, and w ithout notice that it had been previously
dishonored, if such was the fact. (b) That he took the bill (check or note) in good
fa ith and for value, and that at the t ime it was negotiated to him he had no notice
of any defect in the t it le of the person who negotiated it. (Black's 4th)
Honor ;
v, To accept a bill of exchange, or to pay a note, check, or acce pted bill, at
maturity and according t o it 's tenor. ( Black 's 4th)
!fYpothecate :
To pledge a t hing without delivering the possession of it t o th e pledgee. (Black's
4t h)
In Camera :
In chambers; in private. A cause is sai d to be heard in camera either when the
hearing is had before a judge in his private room or when all spectators are
excluded from the co urtroom . (Black's 4th)
In Common :
Shared in respect to title, use, or enjoyment, without apportionment or division into
in dividual parts; held by several for the equal advantage, use, or enjoyment of all.
(Black's 4th)
Encumbrance :
An y right t o, or interest in, land w hich m ay subsist in anothe r t o t he diminu tio n of
it's va lue, but consist ent w ith t he passing of the fee.
A cla im, li en, charge, or liabilit y at t ach ed t o and bindi ng re al property . An
encum brance ma y be a m ortgage ; a judgment lien; a mech ani cs lien ; a lease ;
r estriction in deed ; encroachment of a building; an easement or ri ght of way ;
accrue d and un pa id ta xes; t he statutory rig ht of re demption.
The term "encumbrance" is sometimes used to denote a burden or charge on
personal property as e. g. a chattel mortgage on a stock of goods. (Black's 4th )
Indicted :
practice. When a m an is accused by a bill of indictment preferred by a grand jury,
he is said to be indicted . (Bouvier's 1856 6th Ed.)

Ind ictm <:.n..l.i
An accusation in writing found and presented by a grand jury, legally con voked and
sworn, to the court in which it is impaneled, charg ing that a person therein named
has done some act, or been guilty of some omission, which, by law, is a public
offense, punishable on indictment.
A presentment differs from an indictment in that it is an accusation made by a
grand jury of their own motion, either upon their own observation and knowledge,
or upon evidence before them; while an indictment is preferred at the suit of the
government, and is usually framed in the first instance by the prosecut ing officer of
the government, and by him laid before the gr and jury, to be foun d or ignored. An
information resem bles in its form and substance an indictment, but is filed at the
mere discret io n of the proper law officer of t he government, without t he
intervention or approval of a grand j ury, and an affidavit is a ch arge made and
pre ferred by an individ ual. ( Black's 4 t h )
Indictment :
cri m . law, practi ce. A writte n accusation of on e or more persons of a cri me or
misd emeanor, presented t o, and pr eferred upon oath or affirmation, by a grand
jury lega ll y convok ed . 4 BI. Com . 29 9 ; Co . Litt. 126 ; 2 Hale , 152 ; Bac. Ab. h.t. ;
Co m . Dig. h.t. A; 1 Ch it . Cr. L. 168.
2 . This word , indictment, is sai d t o be derived from the old French word inditer,
which signifies t o indicate; to show, or point out. Its object is to indicate t he offence
charged against t he accused . Rey, des I nst. 'Ang!. tome 2, p. 347.
3. To render an indictment valid, the re are certain essential and formal
requisites. The essential requisites are, i st. That the indictment be presented to
some court havtnq jurisdiction. of the offence stated therein . 2d . That it appear to
have been found by the grand jury of the proper county or district. 3d . That the
indictment be found a true bill, and signed by t he foreman of the grand jury. 4th.
That it be framed wi th sufficient certainty; for this purpose the charge must contain
a certain descript ion of the crime or misdemeanor, of which the defendant is
accused, and a statement of the facts by which it is constituted, so as to identify
th e accusation. Cowp . 682, 3; 2 Ha le , 16 7; 1 Blnn. R. 201; 3 Blnn . R; 5 3 3; 1 P. A.
Bro . R. 360; 6 S. & R. 398 4 Serg o & Rawle, 194 ; 4 BI. Com. 301; Yeates, R. 4 0 7 ; 4
Cra nch, R. 167. 5t h . The indictment m ust be in th e English languag e. But if any
document in a foreign language, as a libel, be necessa rily introduced, it should be
set out in the orig inal tongue, and then translated, show ing its application . 6 T . R.
162.
4. Secondly, for mal re quisites are, 1st. Th e ve nue, whi ch, at com m on la w
should alwa ys be laid in t he county where t he offence has been com mitted,
although t he charge is in its nat ure transitory, as a battery. Hawk. B. 2, c. 25, s.
35 . The venue is st ated in the margin thus, "City and county of to wit." 2d.
The presentment, which must be in the present tense, and is usually expressed by
the following formula, "the grand inquest of the commonwealth of inquiring
fo r the city and county aforesaid. upon their oaths and affirmations present." See,
as t o the venue, 1 Pike, R. 171; 9 Yerg . 357. 3d . The name and addition of the
def endant ; but in case an error has been made in th is respect, it is cured by the
plea of the defen dant. Bac. Ab . Misnomer, B; Indictment, G 2; 2 Hale, 175; 1 Chit.
Pro 202. 4th. The names of third persons, when they must be necessarily

mentioned in t he indict m ent, should be stated with certainty to a common intent,
so as sufficiently to inform the defendant who are his accusers. When , howe ver, th e
names of third persons cannot be ascertained, it is suffici ent, in some cases, to
state "a certain person or persons to the j urors aforesaid unknown. It Hawk. B. 2 , c.
25, s. 71; 2 Ea st , P. C. 651 , 781; 2 Hale, 181 ; Plowd. 85; Dyer, 97,286; 8 C. & P.
773. See Unknown. 5th. The time when the offence was committed, should in
general be stated to be on a specific year and day. In some offences, as in perju ry,
the day must be precisely stated; 2 Wash . C. C. Rep . 328 ; but although it is
necessary that a day certa in should be laid in th e indictment, yet, in general , the
prosecutor may give evidence of an offenc e comm itted on any other day previous
to the finding of the, indictment. 5 Serg o & Rawle, 316. Vide 11
Sergo & Ra wle, 177; 1 Chit. Cr. La w, 2 17, 224 ; 1 Ch . PI. In dex, t it. Time. See 17
Wend. 475; 2 Dev. 567; 5 How. Mis. 14 ; 4 Dana. 496; C. & N. 369; 1 Haw ks , 460.
6th . The offence should be properly described. This is done by stating the
substantia l circumstances necessary to show the nature of the crime and, ne xt, the
formal allegations and terms of art requ ired by law . 1. As to the substantial
circumstances. The whol e of the facts of the case necessary to make it appear
judicially to t he court that the indictors have gone upon sufficient premises, should
be set forth; but there should be no unnecessary matter or any th ing which on its
face makes the indictment repugnant , inconsistent , or absurd . Hale, 183 ; Hawk. B.
2, c. 25, s . 57; Ab.
h.t. G 1; Com. Dig. h.t. G 3; 2 Leach, 660; 2 Str. 1226. All indict me nts ought to
charge a man with a particular offence, and not with being an offend er in ge neral :
to this rule there are some exceptions, as indictm ents against a common ba rrator,
a common scold, and the keeper of a com mon bawd y house; such persons may be
indicted by these general word s. 1 Chit . Cr. Law, 230, and the authorities th ere
cited. The offence must not be stated in the disjunctive, so as to leave it uncerta in
on what it is intended to rely as an accusation; as, that the defendant erected or
caused to be. erected a nuisance. 2 Str. 900; 1 Chit. Cr. Law, 236.
2. There are certain terms of art used, so appropriated by the law to expres s
the precise idea which it entertains of th e offence, that no other term s, howe ve r
synonymous they m ay see m, are capabl e of filling the same office: such, for
example, as traito rously, (q .v.) in treason; feloniousl y, (q . v .) in felo ny ; burg larious,
(q .v.) in burglary; maim , (q .v .) in mayhem, &c. 7th. The conclusion of th e
indictment should conform to the provision of the constitution of the state on the
subject, where there is
such provision; as in Penn sylvan ia, Canst. art. V., s. 11, which provides, that "all
prosecutions shall be carried on in the name and by the authority of the
commonwea lth of Pennsylvania, and concl ude against the peace and dign ity of t he
same." As to the necessity and propriety of having several counts in an indictment,
vide 1 Chit . Cr. Law, 248; as to. j oinder of several offences in the sam e indict ment,
vide 1 Chit . Cr. Law, 253; Arch. Cr. PI. 60; several defendants may in som e cases
be joined in the same indictment. Id. 255; Arch. Cr. PI. 59 . When an indictm ent
ma y be amended, s ee Id. 297. Sta rk. Cr. PI. 286; or quashed, Id . 298 Stark. Cr. PI.
831; Arch . Cr. 66. Vide; gen erally, Arch. Cr. PI. B. 1, part I , c. 1 ; p. 1 to 68; Stark .
Cr. PI. 1 to 336; I Chit. Cr. Law, 168 to 304; Com. Dig. h.t. : Vin. Ab. h. t . ; Bac. Ab.
h.t. ; Dan e 's Ab. h. t .: Ne ls. Ab. h.t.; 8 urn' s Just. h .t .; Russ . on Cr. Ind e x, h.t.,
5 . By the Constitution of the United State s, Amend. art. 5 , no person shall be

held to answer for a capital, or otherwise infamous crime, unless on a presentment
or indictment of a grand jury, except in cases arising in the land or naval forces, or
in the militia, when in actual service in t ime of war, or public danger. (Bouvier's
1856 6th Ed.)
Indorsement:
The act of a payee, drawee, accommodation indorser, or holder of a bill, note,
check, or other negotiable instrument, in writing his name upon the back of the
same, with or without further or qualifying words, whereby the property in the
same is assigned and transferred to another.
Th at which is so w ritten upon the back of a negotiable instrument.
In the law of negot iable instr uments, a new and su bstantive contract by which
title to the instrument is t ransferred and by which indorser becomes a party to the
instrument, and is liable, on certain conditions for it's payment. In this respect
indorsement differs from a common -law assignment.
One who writes his name upon a negotiable inst r um ent , otherwise than as a
maker or acceptor, and delivers it, with his name thereon, to another person, is
called an "endorser: and his act is called "endorsement" .
The word "endorsement" is also used with reference to writs, insurance policies,
certificates of stock, etc. The term as used in the Uniform Stock Transfer Act
contemplates a writing passing or attempting to pass title or an interest. As applied
to a writ or warrant "endorsement" is an entry made on the back thereof. (Black's
4th)
Endorsement:
crim. law, practice. When a warrant for the arrest of a person charged with a crime
has been issued by a justice of the peace of one county, which is to be executed in
another county, it is necessary in some states, as in Pennsylvania, that it should be
indorsed by a justice of the county where it is to be executed: this endorsement is
called backing. (q.v.) (Bouvier's 1856 6th Ed.)
Information:
An accusation exhibited against a person for some criminal offense, without an
indictment. An accusation in the nature of an indictment, from which it differs only
in being present ed by a competent public officer on his oath of office, instead of a
grand j ury on thei r oath. A written accusation sworn to before a magistrat e, upon
which an indictment is afterwards founded.
The word is also frequently used in the law in its sense of communicated
knowledge. And affidavits are frequently made, and pleadings and other
documents verified, on information and "belief".
In French law. The act or instrument which contains the depositions of witnesses
against the accused. (Black's 4th)
Informer:
A person who informs or prefers an accusation aga inst another, whom he suspects
of a violation of some penal statute. (Black's 4th)

Inquest:
A body of men appointed by law to inquire into certa in matters; as, the inq uest
examined int o the facts conn ected with the alleged murder; the grand ju ry, is
sometimes called t he grand inquest. The judicial inquiry itself is also called an
inquest. The fi nding of such men, upon an investiga tion, is also called an inq uest or
an inquisit ion .
2 . An inquest of offi ce was bound t o find for t he ki ng upon the direction of the
co urt. The reason given is that the in quest concl uded no man of his right, but on ly
gave t he king an opportunity to enter so that he cou ld have his right tried. Moore,
730; Va ughan, 135 ; 3 H. VII . 10 ; 2 H. IV. 5; 3 Leon. 196. (BOUVier's 18 56 6th Ed.)
l!J.guisition :
practice. An examinat io n of certain facts by a jury empanelled by t he sheriff fo r the
purpose ; t he instrument of writing on whi ch their decision is made is also called an
in quisition . Th e sheriff or coroner and the jury who m ake t he inquisition, are called
t he inquest.
2. An inquisition on an untimel y death , if omitted by the coroner, m ay be t aken
by justices of gaol delivery and oyer and t erminer. or of t he peace, but it m u st be
done publi cly and openly, otherw ise it w ill be quashe d . I nquisitions eit her of t he
cor oner, or of the other jurisdictions, are traversable. 1 Bu rr. 18, 19 . (Bouvier's
1856 6th Ed.)
Inquisitor:
A designation of sheriffs, corone rs , supe r vis um corporis, an d th e li ke, wh o have
pow er t o inquire int o certai n m atter s.
2. The name, of an officer, among ecclesiastics, who is authorized to inquire int o
heresies, and the like, and t o punish them . An ecclesiastical judge. (Bouvier's 1856
6th Ed. )
Instrument:
A written docu m ent ; a f orm al or legal docu m ent in writ in g, such as a co ntract ,
deed, will, bond, or lease.
An ything reduced to wri t ing, a document of a fo rmal or solemn ch aracter, a w riting
given as a means of affording evidence. A document or writin g which giv es formal
expr ession t o a legal act or agreem ent, for the purpose of creating , secu ring ,
modifying , or t erminating a right; a writi ng executed and deli ver ed as t he evid en ce
of an act or agreement.
I n the law of evidence. Anyt hing which may be presente d as evidence t o the sense
of t he adju dicating tribunal. (Bl ack's 4th)
Instrument :
con t ract s. The writing wh ich conta ins so me ag ree ment , and is so called because it
has been prepared as a memorial of what has taken place or bee n agreed upon.
The agreement and the instrument in wh ich it is contained are very different things,
the latter being only evidence of the existence of the fo rmer. The instrument or
form of the contract m ay be valid, bu t the contract itself may be void on account of
fraud . Vide Ayl. Parerg. 305 ; Dunl. Ad . Pro 220. (Bouvier's 1856 6th Ed .)

Instrument :
An instrument is a "note" if it is a promise and is a "draft" if it is an order. I f an
instrument falls within the definition of both "note" and "draft." a person entitled to
enforce the inst ru m ent may t reat it as either. UCC 3-104(e ). "Instrument" means
a negotiable instrument (defined in Section 3-104 ), or a certified security (d efined
in Section 8-102) or any other writing which evidences a right to the paym ent and
is not itself a security agr eem ent or lease and is of a type wh ich is in ordinary
cours e of business transferred by de livery wi th any ne cessary endorsement or
assignment. UCC 9- IDS( I} .
Interest :
Property
Th e m ost general term that can be em ployed t o denote a property in la nd s or
ch attels. I n it's applicati on to lands or th ings real , it is frequ ently used in connection
w ith the terms "estate," "right," and "title," and, accordin g t o Lord Coke, it properly
includes the m all.
Mor e particularly it means a right to have t he advantage accruin g from anything;
any right in the nature of property, but less than title; a partia l or undivided right; a
title t o a share.
The t erm "interest" an d "title" are not synonymous. A mortgagor in possession,
and a purchaser holding under a deed defectively executed, have, both of them,
absolut e as well as insurable inte rests in the property, tho ugh neither of them has
the legal t itle.
For Mone y
I nt er est is the com pensat ion allowed by law or fixed by the parties f or th e use or
fo rb earance or detention of m on ey.
{ Black's 4th }
!merna) Revenue :
I n the legislation and fiscal ad m inistr at ion of the United States, revenue raised by
t he im posit ion of taxes and excises on dom est ic products or manufactures, and on
domest ic business and occupations, inheritance taxes, and stamp taxes; as broadly
distingu ish ed from "customs dut ies, " i.e. duties or t axe s on foreign commerce or on
goods imported . { Black's 4th } Note ; t he taxes collected do not suppo rt the
Country, but are applied t o the national debt as owe d t o t he Fed eral Reserve, IMF
and King of England.
Invoice:
In commercial law . A list or account of goods or merchandise sent by merchants t o
t heir correspondents at ho me or abroad, in which the marks of each package, with
other particulars, are set forth . Written itemized accounts sent to a purchaser by
t he seller of merchandise. A list sent to a purchaser, factor, consignee, etc.
cont aining t he items, together w ith the prices and charges of merchandise sent or
t o be sent to him. A writing made on behalf of an im porter, sp ecifying t he
mer chandise imported, and it's true cost or value. ( Black's 4th)
REDEMPTION MANUAL FOURTH EDITION S93

Issue :
v. To send f orth ; t o emit; to promu lgate ; as, an offi cer issues orde rs, process
issues from a co urt . To put into circula tion; as, t he treasury issues notes . To send
out, to send ou t officially ; to deliver, for use, or authorit atively; to go forth as
au thoritative or binding .
A writ is "issued" whe n it is delivered to an officer, with t he in tent to have it
served .
n . The act of issuing, sending forth, emitting or promulgating; t he giving a thing its
first inception; as the issue of an order or a writ. (Black's 4t h)
Journal:
A dail y book ; a book in which entries are made or events recorded from day to day.
In mariti me Jaw, the journal (otherwise calle d "log" or "l og-book") is a book kept
on ev ery vessel, which cont ains a brief record of t he event s and occu rr en ces of
each day of a voyage, with t he n auti cal observati ons, cou, rs e of the ship, accou nt of
the w eath er, etc. In t he sys te m of double-ent ry bookkeep ing , th e journal is an
account -book into w hich are t r an scribed , dail y or at other int erv als, the it em s
entered upon the day-book, for more convenient post ing into t he ledger . I n t he
usag e of legislat ive b odies, th e j ourn al is a daily rec ord of th e proceedings of ei t her
ho use. It is kept by the clerk , and in it are entered the appointm ents and actions of
co mmittees , int rod uction of bills, motions, v ot es, resolutions, etc., in t he order of
th eir occurrence, (Black's 4th )
Judge-Made Law:
A phrase used to indica te judicial decisions which construe aw ay the meaning of
statutes, or find meaning in them the legislature never intended. It is sometimes
used as meaning, simply, the law established by judicial precedent. (Black's 4th)
Judgment:
A sense of knowledge sufficient to comprehend nature ot transaction.
An opinion or estimate.
The conclusion in a syllogism havinq fo r its major and minor pr em ises issues raised
by th e plead in gs and the proofs t her eon .
The formation of an opinion or notion concerning some thing by exercising t he m ind
u pon it .
The offi cial and authentic deci sion of a court of justi ce upon th e r espect ive rights
and claims of the parti es to an action or su it th erein litigated and su bmi tted to its
determ in ati on .
Also it is, or ma y mean, adjudicatio n ; Affirm ance by court or com pe nsation
award . Concl usion of la w up on facts foun d or admitted by the parties or upon t heir
default in t he course of th e suit; conclusion that naturally follows from the
premises of law and fact; debt which court of law finds to be due and orders to be
paid ,
A decree is a judgment.
An allowance or disallowance of a claim may be a judgment.
An entry on court record m ay constitute a jUdgment.
An order may be a judgment: Compensation proceeding .
RED EMPTION MANUAL FOU RTH EDITION 594

To constitute act of bankruptcy, "judgment" suffered by debt or must be one tha t
has become lien and, as such, a legal preference . (Black's 4th )
Juris>rudence: The ph ilosophy of law, or the science which t reat s of the princip les
of posit ive law and legal relat ion s.
In the proper sense of the w ord, " j uris pru dence" is the science of law, namel y, th at
science wh ich has for its function t o ascertain the principles on whi ch leg al ru le s are
b ased, so as not only to classify t hose rules in t heir pr op er or der, and show t h e
relation in which th ey stand t o one anoth er, but also t o settle t h e mann er in w hich
new or doubtful cases should be br ou ght under t h e appropriate rules , Jurispruden ce
is more a formal t han a m ate rial science. It ha s no direct concern with questi on s of
moral or po litical policy, for th ey fa ll under the province or ethics and leg islation ;
but, when a new or doubtful case arises to wh ich t w o different rules seem, wh en
taken lit er ally, to be equally applicable, it m ay be, and often is, the funct ion of
j uris pru dence to consider t h e ultimate effect which wou ld be produced if each r u le
were applied to an in de fi ni te number of similar cases , and to choose t hat ru le
wh ich, when so applied, w ill prod uce t h e greatest adva ntage to t he co mmunity .
Law. Criminal:
By criminal law is understood that system of law s which provides for th e m od e of
tria l of persons charged with criminal offen ces, defines cr im es , and provid es for
their punishments. (Bouvier's 1B5 6 6 t h Ed.)
Law, Merchant :
A sy stem of customs ackn ow ledged and ta ken not ice of by all com m ercial natio ns;
and those customs constitute a pa rt of t he general law of the land ; and being a part
of that law the ir ex istence cannot be prov ed by w itnesses, but th e jUdges are bound
t o ta ke not ice of them ex officio . See Beawes' Lex Mercatoria Rediviva; Caines' Le x
Mercatoria Ameri cana ; Com .
Dig. Merchant, 0; Chit. Com m. Law; Pard ess. Dr oit Commercial; Collection des Lois
Maritimes anteri eure au dix hut iSme siScle, par Dupin ; Capman y, Cost um bre s
Maritimas; II Conso lata del Mare ; Us et Cautumes de la Mer; Piantandia , Della
Giurisprudenze Maritina Commercial e, Antica e Moderna; Val in, Comm entaire s ur
l'Ordonnance de la Marine, du Mois d'Aout, 1681; Boula y -Paty, Dr. Comm.;
Boucher, I nstitutions au Droit Maritime. (Bouvi er's 1856 6th Ed.)
Law. Municipal :
Municipal law is defin ed by Mr . Just ice Blackstone t o be " a rule of civil con du ct
prescribed by the supreme power in a st ate, co m m an di ng w hat is r ig ht and
prohibiting what is wrong." Th is defin ition h as been cri ticized, an d ha s been
perhaps, justly considered im pe rfect. Th e latter part ha s been thought
~uperabundant to th e first; see Mr. Christian's note ; and the first t oo gen eral and
Indefinite, and too limited in its signification t o convey a just ide a of th e subject.
See Law, civi l. Mr. Chitty defines m unicipa l law to be "a r ule of civ il condu ct,
prescrib ed by t he supreme power in a st ate , co m man ding what sh all be done or
w hat shall not be don e." 1 BI. Com . 44 , note 6, Chitty's edit .
2. Municipa l law, among t he Ro mans, was a law ma de t o govern a particular city

or prov ince ; this t er m is de riv ed from t he Latin m unicipium , which among t h em
signified a city which was governed by its own laws, and which ha d its own
magistrates. (Bouvier's 18 56 6th Ed.)
Law of Nature:
The law of nature is that which God, the sovereign of the universe, has prescribed
to all men, not by any formal promulgation, but by the internal dictate of reason
alone. It is discovered by a just consideration of the agreeableness or
disagreeableness of human actions to the nature of man; and it comprehends all
the duties wh ich we owe either to the Supreme Being, to ourselves, or to our
neighbors; as reverence to God, self-defense, temperance, honor to our parents,
benevolence to all, a strict
adherence to our engagements, gratitude, and the like. Erskine's Pro of L. of Scot.
B. 1, t. 1, s. 1. See Ayl. Pando tit. 2, p. 5; Cicero de Leg. lib. 1.
2. The primitive laws of nature may be reduced to six, namely: 1. Comparative
sagacity, or reason . 2 . Self-love. 3. The attraction of the sexes to each other. 4.
The tendemess of parents towards their children. 5. The relig ious sentiment. 6.
Sociability.
3 .-1. When man is properly organized, he is able to discover moral good from
moral evil; and the study of man proves that man is not only an intelligent, but a
free being, and he is therefore responsible for his actions. The judgment we form of
our good actions, produces happiness; on the contrary the judgment we form of our
bad actions produces unhappiness.
4.- 2. Every animated being is impelled by nature to his own preservation, to
defend his life and body from injuries, t o shun what may be hurtful, and to provide
all things requisite to his existence. Hence the duty to watch over his own
preservation . Suicide and dueling are therefore contrary to this law; and a man
cannot mutilate himself, no r r enounce his liberty .
5 .- 3. The attraction of the sexes has been provided for the preservation of the
human race, and this law con demns celib acy. The end of marriage proves that
polygamy, (q .v .) and polyendry, (q .v.) are contrary
to t he taw of nature . Hence it follows that the husband an d wife have a mutua l and
exclusive rig ht over each ot he r.
6 .- 4 . Man fro m his birth is w holl y una ble to prov ide for th e least of his
necessities ; bu t t he lov e of his pare nts supplies for th is weakness. Th is is one of th e
most powerful laws of nat ure . Th e principa l duties it im poses on the par ents , are t o
bestow on t he child all t he care it s w eakn ess req uires, to provide f or its necess ary
f ood and clothin g, t o instruct it, t o prov ide for it s wants , and t o use coercive m ean s
for its good, w he n r equisite.
7 .-5. The r eli giou s senti ment which leads us nat urally t oward s th e Supreme
Being , is one of the attri butes w hich belong to hu manity alone; and its importance
gives it the rank of the moral law of nature . From this sentiment arise all the sects
an d different forms of worship among men .
8 .-6. The need which man feels to live in society, is one of the primitive laws of
nature, whence flow our duties and rights; and the existence of society depends
upon the condition that the rights of all shall be respected . On this law are based
the assistance, succors and good offices which men owe to each other, they being
unable to provide each every thing for himself. (Bouvier's 1856 6th Ed.)

law, Unwritten:
or lex non scri pta : All t he laws which do not come under t he defi nition of written
law ; it is composed , principally, of the law of nature, the law of nations, the
common law, and customs. (Bouvi er 's 18 56 6th Ed.)
law Penal :
One which inflicts a penalty for a violation of its enactment. (Bouvier's 18 56 6th
Ed.)
Ledger:
A book of accounts in which a trader enter s the names of all persons w ith whom he
has dealing s; t here being two para llel col umns in each accoun t , one for the entries
to the debit of the person charged, t he ot her fo r his cred it s. Into this book are
posted the items from t he day-book or j ournal.
A " ledger" is t he principal book of accounts of a bu siness establishm ent in w hich
all the transactions of each da y are enter ed under appr opriat e heads so as t o show
at a g lance the debits and cred its of each account. ( Black's 4th)
levy :
v. To assess; ra ise; execut e; ex act; collect; gather; take up; seize . Thu s, to lev y
(assess, exact, ra ise, or collect) a t ax ; to levy (raise or set up) a nuisance; to levy
(acknowledg e) a fi ne; t o levy (inaugurate) war ; to levy an execution , i.e. , to levy or
co llect a sum of m oney on an execution .
n. A seizu re. An actual making the money out of the property; t he obtaining of
m oney by seizure and sale of property . The mental act of det erm inat io n to sell. The
r aisin g of the money f or which an execution has been issued..
As used in t he Uniform Conditional Sales Act, "levy of execution" means the
setting aside of specific property from the gener al pr operty of the debtor and
placing it in t he custody of t he law until it can be sold and applied to the payment
of t he execution.
Equit able levy
The lien in equity cre ated by the fil ing of t he creditors' bill t o SUbject real property
of the debtor, and of a 'lis pendens', is somet imes so called. Th e ri ght to an
equ itable lien is somet im es called an "equit able levy" . (Black 's 4th )
levy CQutli A cou rt form erly ex istin g in th e District of Columbia . It wa s a body

charged with the administration of t he min isterial and finan cial duties of
Washingt on county. It was ch arged wi t h the duty of layi ng out and r epairing r oads,
building bridges, provid ing poorhouses, lay ing an d collecti ng t he ta xes necessary t o
enable it to discha rge t hese an d other duti es, and t o pay the other expenses of t he
county. It has cap acity to m ake contracts in reference to any of these matters, an d
to raise money to meet such contracts. I t has perpetual succession, and its
fu nctions where those w hich, in the several states, are performed by"'county
c~mmissione rs. · Overseers of the poor," "county supervisors," and similar bodies
With other designat ions.

Liability :
The word is a broad legal term . It has been referred to as of the most
comprehensive significance, including almost every character of hazard or
responsibility, absolute, contingent, or likely.
It has been defined to mean: all character of municipal debts and obligations;
amenability or re sponsibility; an obligation, one is bound in law or justice to
perform. An obligation which mayor may not ripen into a debt. Any kind of debt or
liability, either absolute or contingent, express or implied; any liability whatsoever;
condition of being actually or potentially subject to an obligation; condition of being
exposed to the up-springing of an obligation to discharge or make good an
undertaking of another, or a loss or deficit, or the being exposed or subject to a
given contingency, risk, or casualty which is more or less probable; condition of
being responsible for a possible or actual loss, penalty, evil, expense, or burden;
condition which creates a duty to perform an act immediately or in the future; duty
ot pay money or perform some other service; duty which must at least eventually
be performed; every kind of legal obligation, responsibility, or duty; fixed liability;
legal responsibility; penalty for failure to pay tax when due; present, current,
future, fixed, or contingent debts; punishment; responsibility for torts; tax; that
which one is under obligation to pay, or for which one is liable; the state of being
bound or obliged in law or justice to do, pay, or make good something; the state of
one who is bound in law and justice to do something which may be enforced by
action; un-liquidated claim; unpaid debt.
The term is therefore broader than the word "debt," or "indebtedness," and
includes in addition existing obligations, which mayor may not in the future
eventuate in an indebtedness. (Black's 4th)
Licens e j
Certificate or the document itself that gives permission. Permission or authority.
(Black's 4th)
In the law of contracts. A permission, granted by a competent authority, conferring
the right to do some act which without such authorization would be illegal, or would
be a trespass or tort. (Black's 1st)
A permit, granted by an appropriate governmental body, generally for a
consideration, to a person, firm, or corporation to pursue some occupation or to
carry on some business subject to regulation under the police power. A license is
not a contract between the state and the licensee, but is a mere personal permit.
(Black's 6th)
License :
contracts. A right given by some competent authority to do an act, which without
such authority would be illegal. The in st ru m ent or writing which secures this right,
is also called a license . Vide Ayl. Parerg, 353; 15 Vin. Ab . 92; Ang . Wat. Co. 61, 85.
2 . A license is express or implied. An express license is one which in direct
terms authorizes the performance of a certain act; as a license to keep a tavern
given by public authority.
3. An implied license is one which though not expressly given, may be
presumed from the acts of the party having a right to give it. The following are
examples of such licenses: 1. When a man knocks at another's door, and it is

opened, the act of opening the door licenses the former to enter the house for any
lawfu l purpose. See Hob. 62. A servant is, in consequence of
his employment, licensed to admit to the house, those who come on his master's
business, but only such persons . Selw . N. P. 999; era. Eliz. 246. It may, however,
be inferred from circumstances t hat the servant has authority t o invite whom he
pleases t o the house, f or lawful purp oses. See 2 Greenl. Ev. Sec. 427 ; Entry.
4. A license is either a bar e authority, without interest, or it is cou pled wi th an
interest. 1. A bare license must be executed by t he party to whom it is given in
person, and cannot be made over or assigned by him to another ; an d, being
witho ut considerat ion, may be revoked at pleasu r e, as long as it re mains
executory ; 39 Hen. VI. M. 12, pa ge 7; but when carried into effect, either pa rt ially
or altogeth er, it can only be rescind ed, if in its nature it will admit of revocat ion, by
placing t he other side in the same situation in wh ich he st ood before he entered on
its e xecutio n. 8 Ea st , R. 308; Pa lm. 71; S . C. Poph . 151 ; S . C. 2 Ro ll. Rep. 143,
152.
5.-2. When the li cense is coupled with an int erest t he authority conferred is not
properl y a m ere permission , but amounts t o a g rant, wh ich cann ot be r ev oked , and
it may thenbe assign ed to a th ird person . 5 Hen. V., M. 1, page 1; 2 Mod . 3 17 ; 7
Bing. 693; 8 Ea st, 309; 5 B. & C. 221 ; 7 D. & R. 783 ; Crabb o n R. P. Sec. 5 2 1 t o
525 ; 14 S. & R 2 67 ; 4 S . & R. 24 1; 2 Eq. Cas. Ab. 522. When the license is coupled
with an interest, the for m alit ies essential to confer such interest should be
observed. S a y. R. 3; 6 East, R. 602; 8 East, R. 3 10, note. See 14 S . & R. 267; 4 S.
& R. 241 ; 2 Eq . Cas. Ab. 522 ; 11 Ad . & EI. 34, 3 9 ; S. C. 39 Eng, C. L. R. 19.
(Bouvier's 1856 6t h Ed. )
Lien:
A qualified right of property which a creditor has in or over specific property of his
debt or, as security fo r the debt or charge or the performance of some act. (Black's
1st )
A charg e or security or incum brance upon property.
A claim or charge on property for paym en t of some debt, obli gation, or duty ;
hold or claim which one person has upon t he property of another for some debt or
ch arge; obli gation, t ie, duty or claim annexed to or attaching upon pr operty by the
common law, equity, contract or statute, without satisfying which such property,
cannot be lawfully dem and ed by anot her; pledging of t he assets avail able to pay
the corporate liabilities. Preferred or priv ileged cla ims gi ven by sta t ute or by
admiralty law; qualifi ed right of prope rty wh ich a creditor has in or over specific
property of his debtor. as security for the debt or charge or for performance of
some act ; ri ght to det ain property; right or claim against some interest in property
creat ed by law as an incident of contract; right to enforce charge upon property of
anoth er for paym ent or satisfaction of debt or claim . Right to retain property for
p~yment of debt or dem an d. Securit y fo r a debt, dut y, or other oblig at ion ; tie t hat
binds property to a debt or claim fo r its satisfaction .
A "claim " is ge nerally a liability in personam but capable of embracing both a
perso.nal ~iability and a lien on property, while a lien is a liability in rem .
A he~ IS a charge imposed upon specific property, whereas an assignment,
unless 10 some way qualified, is properly the transfer of one's whole interest in an
esta te , or chattel, or othe r thing . (Black's 4th)

.I:J.ID.I i d a t e :
To pay and settle .
Also to liquidate means t o adjust; to ascertai n t he am ount, or the several am ounts,
of the liabilities of insolvent and a pportion the asset s towards discharge of the
indebtedness; to ascertain th e balance due and to whom pa yab le; to as sem ble and
mobilize the assets, settle with the cr edit ors and the debtors and apporti on th e
rema ining assets, if an y, among the stockh olders or ow ners ; to clear up; t o
determine by agreement or litigation precise amount of indebtedness; to discharge;
to extinguish an indebtedness; t o gather in the assets, convert them into cash and
distribute them according to th e legal rights of the parties in t er est ed ; t o make
amount of in debtedness clear and certain ; t o reduce to precision in amount and to
satisfy; to sell; to "wind up" affairs of a business. (Black's 4th)
Maker:
"Maker" means a person who sign s or is ident ifi ed in a note as a person
undertaking to pay. UCC 3-103(5 )
The person who creates or executes a note, that is, issues it, and in sign in g the
in st r ument makes the promise of payment contained therein . One who signs a
check; in this context, synonymous with drawer. (Black's 6th)
M argin:
The edge or border; the edge of a body of water where it meets the land . As
applied to a boundary line of lan d, th e "margin" of a river, creek, or other
watercourse means the center of the stream. But in the case of lake, bay, or
natural pond, the "margin" means t he line where land and water meet.
A sum of money, or it s equivalent, pla ced in th e hands of a st ockbro ker by th e
principal or person on whose account a purchase or sa le is to be made, as a
security to the former against losses to wh ich he m ay be exposed by subsequ ent
fluctuations in the market value of th e stock . (Bla ck's 4th )
Mav:
To be permitted; to be at liberty ; to ha ve th e power. 2 . Whenever a statute
directs the doing of a th ing for the sake of justice or the public good, the word ma y
is the same as shall. For example, the 23 H. VI. says, the sheriff may take bail, that
is construed he shall, for he is com pellabl e to do so. Carth . 293 Salk. 609; Skin .
370 . 3 . The words shall and may in general acts of the legislat ure or in private
constitutions, are to be constru ed im perat iv ely ; 3. Atk . 166; but the const ruct ion of
those words in a deed depend s on cir cumst ances. 3 Atk . 282. See 1 Vern . 152,
case. 1429 Porter, R. 390 . (BOUVier's 1856 6th Ed.)
An auxiliary verb qualifying the m eaning of another verb by expressing ability,
com pet ency , liberty, permission, pos sibility, probability, or contingency . Regard less
of the instrument, howe ver, wh eth er const it ut ion, st at ute , deed, contract or
whatnot, , courts not infrequently const rue "m ay " as "shal l" or "m ust " to the end
that justice may not be the slave of grammar. (Black 's 4th )
REDEM PTION MANUAL FOURTH EDITION 600

Measure:
Tha t by which extent or dimension is ascertained. either len gt h, breadt h , th ickn ess,
capacity. or amount. Web ster. The ru le by which an ything is adjusted or
prop ortioned . (Black' s 4th )
Measure of Va lue :
In t he ordinary sense of t he word, " measur e'" would mean so met hin g by
comparison with which we may ascertain what is the value of anything. When we
consider, further, that value itself is relative, and that two th ings are necessary to
constitute it, independ ently of the th ird thing. which is to m easure it, we may
define a ·measure of va lue" t o be something by co mparing w ith which any two
other things we may inf er their va lue in relation to on e anoth er. ( Black's 4th)
Medium of Exchange:
A substance used to transf er energy from one source to another. (Amer. Heritage
Dictionary)
Memorandum: To be remembered; be it remembered . A formal word w ith which

the body of a record in the Court of King's Bench anciently commenced.
An informal record , note or inst rum ent embodying something that t he parties
desire to fix in m emory by th e aid of written evidence, or that is to serve as t he
basis of a future formal contract or deed. A brief written statement outlining the
terms of an agreement or transaction. Informal int eroffice communicat ion .
Under portion of statute of frauds provid ing that a contract not to be perform ed
within a year is invalid unless the contract, ors some memorandum of the contra ct,
is in writing and subscribed by the party to be charged or his agent. t he word
"memorandum" implies something less than a compete contract, and th e
"memorandum" functions only as evidence of the contract and need not conta in
ever term, so that a letter may e sufficient "m emorandum " t o ta ke a case out of the
statue of frauds.
This word is used in the statue of fraud s as the designation of the written
agreement, or not or evidence thereof. while it must exist in order to th e bind th e
pa rties in the cases provided, The memorandum must be such as to disclose the
parties, the nature and substance of the contract, t he consid eration and promise,
and be signed by the party to be bound or his authori zed ag ent. See UCC &sect ; 2-
201. See also contract.
Mens Rea:
A guilty m ind ; a gUilty or wrongful purpose; a cri minal int ent. Guilt y knowledge and
willfulness. (Black 's 4th)
Mercantile law:
An expression sub stantially eq uivalent to t he law- m er chant or commerc ial law. It
designated the system of rul es, custom s, and usag es generally recognized and
adopted by merchants and traders. and which, eith er in its sim plicit y or as modi fied
by common law or statutes, const it utes the law for the regulation of th eir
transactions and the solut io n of t heir controversies . ( Black's 4t h)
REDEMPTION MAN UAL FO URTH EDITION 601

Merchant :
One who is engage d in t he purchase an d sale of goods ; a traffi cker; a trader.
( Black's 4th )
Ministerial Duty :
One regarding wh ich nothing is left to discretion -- a simple and definite duty,
imposed by law, and arising under conditions admitted or proved to exist . It arises
when an individual has such a legal interest in its performance that neglect of
performance becomes a wrong to such individual. (Black's 4th)
Minute-Book :
A book kept by the clerk or prothonotary of a court for entering memoranda of it s
proceedings. (Bla ck's 4t h )
Minutes:
Busin ess law. Memoran da or notes of a tran saction or proceed ing . T hus, t he
rec ord of th e proceedin gs at a meet in g of directors or sha reholders of a co mpany is
called the "minut es" .
Practi ce. A m emoranda of wh at t ak es plac e in court, made by aut horit y of th e
cou rt . (Black's 4th)
Monetary :
The usual meani ng is "pertainin g to coin age or currency or having to do with
money", but it ha s been held to include personal property. ( Black's 4th)
Money:
"Money" means a medium of exchange authorized or adopted by government. UCC
1- 2 0 1(24 )
In usual and ordin ary acceptation it means gold, silver, or paper money used as
circulating medium of exchange, and does not embrace notes, bonds, evidences of
debt, or other personal or rea l estate. Currency; the circulating medium; cash .
The term "moneys" is not of more extensive signification than "money," and
means only cash, and not things in action.
In it s st rict t echnical sense, "money" means coined metal, usually gold or silver,
upon wh ich the governm ent sta m p has be en impressed to indicate its val ue. In its
more po pular sense, "money" m eans any curr ency, t oken s, bank-notes, or othe r
circulating m ed ium in general use as the representative of value .
T he sim ple m eaning of "mon ey" is curr ent coin, but it ma y mean possessio ns
ex pressi ble in money va lues . " Money" ha s no t echni cal m eani ng , but is of
am biguous im port, an d may be interp reted ha ving r egard to all su rroun ding
circu mstances un de r which it is u sed. "Money" is often an d popul arl y used as
equivalent to "property". "Money" means wealth reckoned in terms of money;
capital considered as a cash asset; specifically such wealth or capital dealt in as a
commodity to be loaned, invested, or the like; wealth considered as a cash asset.
In its more comprehensive and general sense, it means wealth, -- the
representative of commodities of all k inds, of lands, and of everything that can be
transferred in com m erce. A general, indefinite term for the measure and
representative of value.
REDEMPTION MAN UAL FOURTH EDmON 602

Public Money . Revenue. Money re ceived by offi cers of th e st ate in th e or dinary
proc ess of ta xat ion. Un der a municipal charter, money or funds belonging t o a city;
m oneys which are owin g or payable to th e city in its corporate capacity , such as
assessments, license fees, or moneys derived from t he sal es of property, wharfage
charges, and such like. Unde r a stat ut e, all money which by wa y the sheriff in his
ca pacity as such an d as t reasurer of t he county and dist rict is authorized t o collect,
r eceive, and disbur se for public purposes. As used in t he Un ited States statut es, t he
money of th e federal government r eceived from the public re venues, or intru sted to
its fiscal officers, wherever it ma y be.
As to money "Broker," "Count," "Judgment, " and "S crivener". See th ose t itles .
(Black's 4th) (See Walker Todd Affidav it!)
Mora. law :
The law of conscience; the aggregate of those rul es and principles of et hics whi ch
relate to right and wrong conduct and prescribe the st an dards to which t he actions
of men should conform in t heir dea lings w ith eac h other. (Black's 4th)
.
Mortgage :
An estate created by a con veyance absolute in its form, but inten ded to se cure t he
performance of som e aet, such as the pay m ent of money, and th e like, by t he
grantor or some ot her person, and to becom e void if the act is performed agreeably
t o the terms prescribed at t he t ime of making such conveyance . A conditional
co nveyance of land . A transfer of prop erty pa ssing co nd itionally as security for
debt.
A debt by specia lty, secured by a p ledge of lands, of which the legal own ersh ip
is vested in th e credit or, but of wh ich, in equity , t he debtor and th ose clai ming
under him remain th e actual own ers, until debarr ed by judi cial sentence or t heir
own laches.
The foregoing definit ions are applicable t o t he common -law co ncepti on of a
mortgage. But in m any states in modern t imes, it is regarded as a mere lien , and
not as creating a t itle or est ate . It is a pledg e or securit y of particular property for
the paym ent of a debt or th e performance of some ot he r obligatio n, w hatever form
the transaction may take, but is not now regard ed as a conveyance in effect,
though it may be cast in the form of a conveyance. (Black's 4th)
Municipal Bond s ;
Ev idences of indebtedness issued by cities or other corporate public body,
negot iable in form , payable at design ated future t ime, and int ende d fo r sale in
market with obj ect of ra ising money for mu nicipa l ex pense, wh ich is beyond
im m ediat e resources of reasonable ta xation, as distinguished from t emporary
evidences of debt, such as vou chers , certificates of indebtedness, orders, or d r afts
drawn by one officer on another and similar devices for liquidat in g current
obligations in anticipation of collection of t axes. ( Black' s 4th)

Municip;al Warrants :
A municipal warrant or order is an instrument, generally in the form of a bill of
exchange, drawn by an officer of a municipality upon its treasurer, directing him to
pay an amount of money specified therein to the person named or his order, or to
bearer. (Black's 4th)
National Debt :
The money owing by government to some of the public, the interest of which is
paid out of the taxes raised by the whole of the public. (Black's 4th)
~urallaw :
This expression "natural law," or jus naturale, was largely used in the philosophical
speculations of the Roman jurists of the Antonine age, and was intended to denote
a system of rules and princi ples for the gUidance of hu man conduct which,
independently of enacted law or of the systems pecul iar to anyone people, might
be discover ed by the rational intelligence of man, and would be found to grow out
of and conform to his nature, meaning by that word his whole mental, moral, and
physical constitution. The point of departure for this conception was the Stoic
doctrine of a life ordered "according to nature," which in its turn rested upon the
purely supposititious existence, in primitive times, of a "state of nature;" that is, a
condition of society in which men universally were governed solely by a rational and
consistent obe dience t o t he needs , im pulses, and prom pt ings of their t rue nature,
such nature being as yet un defaced by dishonesty, falsehood, or indulgence of the
baser passions. (Black's 4th)
Negotiable:
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 .
An instrument embodying an obligation fo r the payment of m on ey is called
"negotiable" when the legal title to the instrument itself and to the whole amount of
money expressed upon its face, with the right to sue therefore in his own name,
may be transferred from one person to another without a forma l assignment, but
by mere endorsement and delivery by the holder or by delivery only. (Black's 4th)
That which is capable of being transferred by assignment; a thing, the t itle to which
may be transferred by a sale an d endorsement or delivery.
2 . A chose in action was not assignable at com mon law, and therefore contracts
or agreements cou ld not be negotiated . But exceptions have bee n allo wed t o this
rule in relation to simple contracts, and others have been introduced by legislative
acts. So that, now, bills of exchange, promissory notes, bills of lad ing, bank notes,
payable to order, or to bearer, and, in some states, bonds and other specialties,
may be transferred by assignment, endorsement, or by delivery, when the
instrument is payable to bearer.
3 . When a claim is assigned which is not negotiable at law, such, for example,
as a book debt, t he t itle to it re mains at law in the assigner, but the assig nee is
entitled to it in equity, and he may therefore recover it in the assignor's name. See,
generally. Hare & Wall . 5el. Dec. 158 to 194 Negotiable paper. (Bouvier's 1856 6th
Ed.)

Ne,gotiable I n struments :
Any written securities whi ch may be transferred by endorsement and delivery or by
delivery merely, so as to vest in the endorsee the legal title, and thus enable him to
sue thereon in his own name . Or, m ore technically, those instruments which not
only carry the legal title with them by endorsement or delivery, but carry as well,
when transferred before maturity, the right of the transferee to demand the full
amounts which their faces call for.
A negotiable inst rum ent is a written promise or request for the payment of a
certain sum of money to order or bearer.
A general name for bills, notes, checks, trade acceptances, letters of credit, and
other negotiable written securities.
Under the Uniform Negotiable Instruments Act, an inst rum ent , to be negotiable,
must be in writing and signed; must contain an unconditional promise or order to
pay a certain sum of money on demand, or at a fixed and determinable future time;
it must be payable to order or to bearer, and where it is addressed to the drawee,
he m ust be named or otherwise indicated with reasonable certainty; its negotiability
is not affected by the fact that it is not dated, or that it bears a seal, or that it does
not specify the value given or that any value was given. (Black's 4th)
.
Negotiation:
The deliberation, discussion, or conference upon the terms of a proposed
ag reement ; the act of settling or arranging the terms and conditions of a bargain,
sale, or other business transaction.
The act by which a bill of exchange or promissory no te is put into circulation by
being passed by one of the original parties to another person . (Black 's 4t h)
Note:
n. A unilat eral instrument containing an express and absolute promise of signer to
pay t o a specified person or order, or bearer, a definite sum of money at a specified
time. An abstract, a memorandum; an informal statement in writing . (Black's 4th)
A writing acknowledging a debt and promising payment. For the instrument to be
negotiable it must be signed by the maker and conta in an uncond itional promise to
pay a sum certain in money on demand or at a definite time to order or to bearer.
A not e is not payment but only a promise to pay. The term note is synonymous
with promissory note . The term may be qualified by its unique characteristics. For
example, a note that is backed by a pledge of collateral such a as reat or personal
property is ca lled a secured note. (Barron 's 3rd)
NUNC PRO TUNC:

Now fo r then. A phrase applied to acts allowed to be done after the time whe n they
should be done, with a retroactive effect, l.e ., with the same effect as if regularly
done. Nunc pro tunc entry is an entry made now of something actually previously
done to have effect
Obligation:
A gene~c word, derived from the Latin substantive "obligatio, II having many, wide,
and va ned meanings, according to the context in which it is used . That which a
person is bound to do or forbear; any duty imposed by law, promise, cont r act ,

relations of societ y , courtesy, kindness, etc. Duty. Duty imposed by law. Law or
duty binding parties to perform their agreement. An undertaking to perform . That
which constitutes a lega l or moral duty and whi ch r end ers a person liable to
coercion and pu nishment for neglecting it ; a word of broad meaning, and the
particular m eaning int en ded is to be gained by cons ideration of its context. An
obligation of debt ma y exist by reason of a j Udgment as well as an express
contract, in either cas e t her e being a legal duty on th e part of the on e bou nd to
comply with the promise. Liabil ities created by contract or law; or tort. As leg al
term word origina lly meant a sealed bond, but it now ext en ds to any certa in written
promise to pay money or do a specific th ing. A forma l and bindi ng agreement or
acknowledg ement of a liability to pay a certain sum or do a certa in th ing. ( Bl ac k's
4th)
Offense:
A crime or m isdem ean or ; a breach of the crim inal laws.
It is used as a genus, com prehending every cri me an d m isd em eanor, or as a
species, signifyin g a crime n ot indictable, but punishable summarily or by the
f orfeiture of a pen alty.
The word "offense, " w hile so metimes u sed in va rious senses, generally im p lies a
cri me or a m isd emean or infringing public as disti n gu ished from m er e private rights ,
and punishable under the criminal laws, though it may also includ e the violation of
a criminal statute far which the remedy is merely a civil su it to recov er the penalty.
Under a statute, declaring that one guilty of an offense or fau lt causing another
damage is obliged to repair it, , "offense" or "fault" has the same meaning as "t a re ;
and a criminal contempt has been held t o be an "offense." (Black's 4th)
Offer:
v. To bring to or before; to present for acceptance or rej ection; to hold out or
proffer; to make a proposal to; to exhib it som ething that may be ta k en or received
or not.
To attempt or endeavor; to make an effort to effect some object, as, to offe r to
bribe; in this sense u sed principally in criminal law.
I n tria l practice, to "offer" evidence is to state its natu r e and purport, or to recite
what is ex pected t o be pro ved by a given witness or do cument, and demand its
admission. Unl ess under exceptiona l circumsta nces, t he term is not t o be take n as
equivalent t o "int roduce" .
The word "offe r, " as used in a statute provi di ng t hat t he buyer, to r esci nd a sa le,
must offer within a reasonable t ime to return the goods , is synonymous w it h t h e
word "tender."
n . A proposal; a proposal to do a thing .
An attempt; en deavor . Webster
An offer of evidence. See the verb "offer " .
An act on the part. of one person w hereby he gives to another the legal pow er of
creat ing the obligation calle d cont r act.
An offer, as an element of a contract, is a proposal to make a contract. It must
be made by the person w ho is to make the promise, and it must be made t o the
person to whom the promise is made. It may be made either by wo rds or by signs,
either orally or in writing, and either personally or by a m essenger; but in whatever

way it is made, it is not in law an offer until it co m es to t he knowledge of th e
pe rs on t o whom it is made.
An "offer" m ust be so definite in its terms, or require su ch definite terms in
acceptance, that the prom ises and performances t o be rendered by ea ch p arty are
reasonab ly certa in .
An "offer to sell" merely co ntemplates the proffer, proposa l, p re sen ta tio n , or
exh ib ition of so mething t o another fo r acceptan ce or rejectio n. ( Blac k 's 4th )
Order:
cont racts . An endorsement or short w r iting p ut upon the back of a negotia ble b ill or
note, for th e pu rpose of passi ng the t it le to it , and making it pa yab le t o an other
person .
2. Wh en a bill or note is payab le to order, which is genera lly expressed by th is
form ula , "to A B, or order, "or" t o the order of A B," in th is case the payee, A B may
eithe r recei v e t he money secured by su ch instrument, or by his order, which is
g en er all y d one by a simple endorsement, (q .v.) pass the right to rece ive it to
another. But a bill or note wanting t hese words, al though not neg otiab le, d oe s not
lose th e gener al qual ities of such instr u m ent s. 6 T. R. 12 3; 6 Taunt. 328; Russ . &
Ry. C. C. .
30 0 ; 3 Caines, 137 ; 9 John. 21 7 . Vide Bill of Exchange ; Endorsement.
3. A n informal bill of exchange or a pape r which r equ ires one person to pa yor
deliver t o anot her goods on account of the maker t o a th ird party, is ca lled an
order , ( Bouvier's 18 5 6 6th Ed, )
"Order" m eans a written inst r uct io n to pay m on ey signed by the pe rson g iving the
instruction . T he instruction may be addressed t o any person , incl udi ng th e pe rson
gi v ing the instruction, or to one or mo re pe rson s jointly or in the alternativ e, but
not in succession . An au tho riza tion t o pay is n ot an orde r u n less t he person
authorized to pay is also instructed to pa y , UCC 3- 103 ( 6)
Order:
A m andate, precept; a command or direction authori tatively given; a ru le or
regul ati on.
The distin ction between "or der" and "requisition " is that the first is a mandatory
act, t he latter a request .
An in for m al bill of exchange or letter of requ est whereby t he party to whom it is
ad dressed is directed to payor deli ver to a person there in named the wh ole or part
of a fun d or other property of the pe rs on m aki n g the ord er, and which is in the
possession of the drawee. A design ation of the person t o who m a bill of ex chang e
or negot iable promissory note is t o be paid .
It is used t o d esignat e a ran k, class, or div ision of m en ; as the order of nobles .
order of knights , order of priests, etc.
Orders are also issued by subordi nate legislative authorities . Such are t he
E~g lish. orders in co uncil, or orders issued by t he privy coun cil in the name of t h e
king.. either in exercise of the roy al preroga ti v e or in pursuance of an act of
parli am ent. T he rules of court under t h e j udicatu re act are group ed t og et her in t he
f orm of orders, each order dealing wit h a parti cu lar subject-matt er.

In French law. The nam e ord er (crdre) is given t o t he oper ation whi ch ha s fo r its
obj ect to fix t he ra nk of the preferences cla imed by the cred itors in the distribution
of t he price [arising from the sale] of an im movable affected by the ir liens .
Practice.
Every direction of a court or j udge m ade or entered in writing, and n ot included in a
j udgm ent . An application for an ord er is a m otio n. ( Black 's 4 th )
Ownershil!..l
t itle to property . Th e right by wh ich a thing belongs t o some on e in particular, t o
th e exclusion of all other persons. Louis. Code, art . 480. ( Bouvie r' s 185 6 6th Ed . )
Party:
"Party" means a pa rty t o an inst rument . UCC 3- 103(8)
Passport :
In International Law.
A document issu ed to a neutral m erchant vessel, by her own government, durinq
th e progress of a war, an d to be carried on the voyage , conta in ing a sufficient
description of the vesse l, m ast er, voyage, and cargo to evidence her nationality and
protect her again st the cru isers of the belligerent powers. This paper is otherwise
call ed a "pass," "se a- pas s," "sea -letter," or "sea-brief" . A license or safe co nduct,
issued during t he pr og r ess of a war aut horizin g a person t o r em ove himself or h is
effects from th e te rritory of one of the belliger ent nations to another coun try, or t o
t rave l fro m coun t ry to co untry witho ut arrest or detent io n on account of t he war.
( Black's 1st)
Maritime Law. A paper contain ing a permission from t he neutral st at e t o th e captain
or ma ster of a ship or vessel to proceed on the voyage prop osed; it usuall y conta ins
his name and res idence; t he name, property, description, tonnage and dest inatio n
of the ship ; the nature and quantity of the cargo ; the place from whence it co mes,
and its destination ; w ith such other m atter s as t he practic e of the place requires.
2 . This document is in dispensably necessary in t ime of war for the safety of
eve ry neut ral vessel. Marsh. Ins . B. 1, c. 9, s. 6 , p. 406, b .
3 . In most coun t ries of continental Eur ope passports are given to travelers;
t hese are intende d to protect them on thei r joumey fro m all molestation, while they
are obe dient t o t he laws . Passp orts are also granted by the secre tary of state t o
person s traveling abroa d, certif y ing that th ey are citizen s of th e United States. 9
Pet. 692 . Vid e 1 Kent , Com . 162, 182; Mer!. Repe rt . h .t . (Bouvier 's 1856 6th Ed. )
Pawn:
v. To deliver personal property to another in pledge, or as security for a debt or
sum borrowed. ( Black' s 4th)
n . A bailment of goods to a cred itor as securi ty for some debt or engag em ent; a
pledg e.
A pledge. (Bouvier's 1856 6th Ed. )
Pay:
v. To discharge a debt; ; to deliver to a creditor the va lue of a debt, either in
money orm gOODS, lor 'illS dtt l?PtdTlt l?

T he term, however, is sometime s li m ited to disch arg ing an in debtedness by th e us e
of m oney. ( Black's 4th)
Payee :
In mercantile law . T he person in whose favo r a bill of ex change, promissory note,
or check is made or d raw n; the person t o whom or to whose ord er a bill, not e, or
check is made payable . ( Black's 4th)
Pecuniary :
Monetary; re lating to money; financia l; consisti ng of money or t hat whi ch can be
valued in money. (Black's 4th)
Penal :
Punishable; inflicting a punishm ent; cont ai ning a penalty, or relating to a pena lty .
( Black's 4th)
Penal Sum :
A sum agreed upon in a bond, to be forfe ited if the con dit ion of the bon d is not
fu lfilled. (Black's 4th)
Penalty:
The sum of money which the obligor of a bon d undertakes t o pay in the event of h is
omitting to perform or carry out the t erms im po sed upon him by the co ndi ti on s of
the bond . An agreement to pay a greater sum, to secur e the payment of a less
sum . It is conditional, and can be avoided by th e payment of the less sum before
the cont ingency agreed upon shall happen . By what name it is called is immat erial.
A punishment; a punish ment imposed by statu te as a consequ enc e of the
commission of an offense. Also m oney recoverab le by virtue of a statute im posing
a pa yme nt by way of punishm ent.
To const it ut e a "punishment" or "pe nalty " there must be a deprivat ion of
property or some right, such as the enjoyment of liberty . (Black' s 4th )
Peon:
In Mexico. A debtor held by his cre dit or in a qua lified servitude to wo rk out the
debt ; a serf.
In I nd ia. A footman; a soldier ; an infe ri or officer; a servant employed in th e
business of the revenue, police, or judicature . ( Black 's 4th)
Peonage:
The state or condition of a peon as above defin ed; a condition of enforced servitute,
by wh ich t he servitor is restra in ed of hi s liberty and com pelled to labor in liquidation
of some debt or obligation, r eal or pr etend ed, against his will. ( Blac k's 4th )
Perfect :
Complete; finished ; executed; enforce able; without def ect; merchantable;
marketable. (Bla ck's 4th)

Perfection of Security Intere st :
In se cured tra nsactions law, t he process whereby a se curity interest is protected ,
as far as the law permits, aga in st co m peti ng claims to t he collateral, w hich usually
r equires t he secures party to give n ot ice of the inte rest as by fi ling in t he
gov ernment office (e.g. in office of Secr etary of State) . Perfection of a se curity
int erest deals w ith those steps leg ally require d to give a secured party inte rest in
subject property aga inst debtor's cred itors. ( Black's 6th)
A security int erest is perfected whe n it ha s atta ch ed and when all t he applicable
st eps req uired for perfection have been ta k en . Su ch steps are specified in Sect io ns
9 -302, 9-304, 9- 305, and 9-3 06 . If such steps are taken before the security
interest attaches, it is perfected at the t ime when it attaches. UCC 9- 30 3( 1).
Pe rform :
To perform an obligation or contract is to execute, fulfill, or accomplish it accord ing
to its terms. This ma y consist either in action on the part of t he person bound by
the co ntract or in omission to act, ac cording t o the na t ure of t he subject-matter;
but t he t erm is usu ally applied to any acti on in d isch arg e of a co ntract ot her t ha n
pa ym ent. (Black's 4th)
Person :
A man considered accor ding to the rank he holds in society, with all the right to
which the place he holds entitles him, and the duties which it imposes.
The word in its natural and usual sign ification includes women as well as men .
Term may include artificial beings, as corporations, quasi-corporation s, t erritorial
corporations, and foreign co rpor ations under st atut es, forb idding the t ak ing of
property w ithout due process of la w and g iv ing t o all persons the equal protection
of the laws; concern ing claims arising from Indian depredations; r elating to taxation
and the r evenue laws; to attachments; usurious contracts; applying to limit at ions of
actions ; and concerning the admissib ility as a witness of a party in his own be half
when the opposite party is a livi ng pe rson .. A corporation is also a person under a
penal statute. Corporations are " pers ons" as that word is used in the fi r st clause of
the XI V Am endment. But a corporati on of another st at e is not a " perso n" w ithin t he
jurisdiction of the state unt il it has complied with the conditions of admission to do
business in the st ate, and a statu t ory re qui reme nt of such conditions is not in
conflict with the XI V Am endment.
It m ay include partnerships. Also fi rms.
" Per sons " are of tw o kinds, natural and artificial. A natural person is a hu m an
being. Artificial persons include a colle ct ion or succession of natura l pe rs ons
f orming a corporation ; a collection of property to which the law attributes t he
capacity of having rights and duties . Th e latter clas s of artificial persons is
r ecogniz ed only to a limited extent in our law . Exampl es are the estat e of a
ban krupt or deceased person .
It has been held that when the word per son is used in a legislative act, na tura l
per sons will be int end ed unless som et hi n g appear in th e cont ext to sh o w that it
applies t o artificial pe rsons; but as a rul e co rpor at ions w ill be con sid ered persons
w ith in th e statutes unless t he int ention of t he leg islature is manif estly t o ex clude
them.
A coun ty is a person in a legal sense ; but a soverei gn is not.

In the United States bankruptcy act of 1898, it is provided that the word
"persons" shall include corporation s, except where otherwise specified, and officers,
partnerships, and women, and, when used with reference to the comm ission of acts
wh ich are there in forbidden, shall include pe rsons who are participants in the
forbidden acts, and the agents, officers, and members of the board of d irectors or
trustees, or their controlling bodies of corporations. (Black's 4th)
Petition:
A written address, embodying an application or prayer from the person or persons
preferring it, to the power, body, or person to whom it is presented for the exercise
of his or their authority in the redress of some wrong, or the grant of some favor,
privilege, or license. ( 8Iack's 4th)
f..e..titiQn in Bankru..,.ptcy :
A paper fi led in court of bankruptcy, or wi t h th e clerk, by a debtor pray ing fo r t he
ben efits of the bankruptcy act, or by credi t ors alleging t he comm ission of an act of
bankruptcy by the ir debtor an d pray in g an adjudicati on of bankruptcy aga inst him .
( Black's 4th)
Plaintiff:
A person who brings an action ; the party who complains or sues in a personal
act ion and is so named on the record. (Bl ack's 4th )
Plea :
Com m on-law practice. A pleading; anyone in the series of pleadings. More
particularly, the first pleading on the part of the defendant. In the strictest sense,
t he answer which the defendant in an action at law makes to the plaintiffs
declarat ion, and in which he sets up matter of fact as defense, thus distinguished
from a demurrer, which int erposes objections on grounds of law.
Equity . A special answer showing or r elying upon one or more things as a cause
wh y t he suit should be either dismissed or delayed or barred.
A short statem ent, in response to a bill in equity, of facts which, if inserted in
the bill, would render it dem urr abl e ; while an answer is a com plete statement of
the defend ant's case, and contains answers to any inte rrogatories th e plaintiff may
ha ve administered. ( Black's 4th)
Pledge:
In the law of bailment. A bailment of goods to a creditor as securi ty for some debt
or en gagement . A bailment or delivery of goods by a debtor to his creditor, to be
kept t ill t he debt be discharged.
The necessary elements to constitute a contract one of "pledge" are : Possession
of the pledged property mu st pass from the pledgor to the pledgee; the legal t itle
to t he property must remain in the pledgor; and the pledgee must have a lien on
t he property for the payment of a debt or the performance of an obligation due him
by the pled gor or some other person -- while, in the "chattel mortgage," legal title
passes to the mortgagee subject to a defeasance.
A bailment of personal property as security for a debt or other obligation.

The specific artic le de livered to th e credit or in security is also call ed a "pledg e" or
"paw n" . (Black 's 4t h )
Policy :
The genera l principles by w hich a government is gu ided in its management of public
affa irs, or t he legislat ur e in its measures.
Th is t erm, as app lied to a law, ordin ance, or ru le of law , denotes its gener al
purpose or t endency con sidered as directed t o t he welfare or prosp erity of t he state
or community. Public Policy .
That princip le of th e law wh ich h olds that no subj ect can lawfully do that whi ch
ha s a tendency to be injurious to the public or against the public good . T he
prin ciples under wh ich t he fre edom of contr act or private dealings is restricted by
law for the good of th e community . The term "policy, " as applied to a statute,
regulation, rule of law, course of action , or the like, refers to its probable effect ,
tend ency, or object, co nsidered w ith referen ce t o t he soci al or political wef t- being of
t he st at e. Thu s, certain classes of acts are sa id t o be · against pulbi c policy , " when
t he law refuses to enf orce or recognize them , on t he ground that they have a
m isch ievous t end ency, so as t o be injurious t o the int erest s of t he st ate, apart fro m
illegality or im m ora lity.
"Public policy" is t he community comm on sense and common con science
ex te nded and appli ed throug hout the state to matters of public morals, public
he alt h, public safe t y , public welfare, and th e like; it is that genera l and well- settled
opinion relating to man's plain, palpable duty to his f ellow m en having due r egard
t o all the circum stances of each particula r r elat ion and situation. Public policy
properly cognizable by courts is that derived or deriv able by clear im plicat ion fr om
it's const it u t ion, st at ut es, and j udi cial decisions. "Public po licy is a variable quality;
it must and does vary with the habits, capacities, and opp ortun ities of the publi c".
( Black 's 4th)
Preferred:
Possessing or accord ing a priority , ad vantag e, or privileg e. Generally den ot in g a
prior or superio r cla im or right of pa yment as against anoth er th ing of t he same
ki n d or class. (Black's 4th)
Premium:
A r eward for an act done.
A bounty or bo nu s; a con sider atio n given to in vite a loan or a bargain; as the
conside ration paid t o the assignor by the ass ignee of a lease, or to the transferor by
t he tra nsferee of shar es of stock, etc. So st ock is said t o be "at a premium " wh en
its market price exceeds its no minal or fa ce v alue
I n granting a lea se, part of t he rent is someti mes ca pit alize d and paid in a lum p
sum at the t ime th e lease is gra nt ed. Th is is called a " pre mlurn" .
The sum pa id or agreed t o be paid by an assu red to t he underwriter as the
consi der ation for t he insur ance. (Black's 4th )
REDEMPTION MANUA L FOU RTH EDITION 612

Pre sent :
v. I n English ecclesiastical law . To offer a clerk t o the bishop of the diocese, to be
instituted.
I n crim inal law. To fi nd or rep resent j u dicially; used of the official act of a grand
jury when they take noti ce of a crim e or offense from their own know ledg e or
observation, without any bill of indictment laid before t hem . To lay before judge,
m agistrate, or governing bod y fo r action or consideration; submit as a pe t ition or
remonstrance for a decision or settlement to proper authorities.
In the law of negotiable inst ru m ent s. Primarily, to present is to tender or offer.
Thus to present a bill of exchange for acceptance or payment is to exhib it it to t he
drawee or acceptor, (or his authorized aqent.) w ith an express or im plied demand
for acceptance or payment.
Claims are "presented " to t he probate court when placed in the custody of t h e
cou rt, or filed or m ad e a m atter of record therein ; and t o present claim against city ,
within st atute providing that cla ims for da m ages against the city must be
" presented" to the city or town council and filed with the city or town cler k , means
to hand to and leav e with. (Black's 4th)
Presentment :
Cri m inal Practice.
The written not ice t aken by a gra nd jury of any offe nse, from t heir own
k nowledge or observation, witho ut any bill of indictment laid before t hem at the suit
of the government. Presentments are also made in courts-teet and courts-baron,
before the stewards.
The writing wh ich contains the accu sation so presented by a grand j ury .
In an extende d sense, the term inclu des not only presentments properly so ca lled,
but also inquisitions of office and indictments found by a grand j ury .
An infor m al statement in writing, by the grand j ury, representing to the court
that a pu blic offense h as been com m itted wh ic h is triable in th e cou nty, and t hat
there is reasonable ground for be lieving that a particular indiv idu al named or
described therein has committed it . An accusation of crime, mad e by a grand jury
from t h eir own knowle dge or from ev idence furnished them by witnesses or by one
or more of their members.
The difference between a presentm ent and an inquisition is thi s : that the form er
is found by a grand jury authorized to inquir e
of offen ses ge nerally, w hereas the latter is an acc usation f ou nd by a j ury specially
returned t o in qu ire conce rning the particu lar offense.
An in dictment differs from a presentment in that the former must be indorsed -A
true bill ,- followed by the signature of the grand jury foreman; a prese ntment is to
be signed by all the grand jurors, and hence does not have to be indorse d - A true
bill.•
The distinction between a special presentment and a bill of indictment , even
under t he old pract ice, was very t hin; an d in Geo rgi a even th is dist inct ion has b een
~b~l ished in pra cti ce fo r m any years . Th e solicitor is not now required to frame any
~n dlctment on a special presentment, but the special presentm ent of th e g rand ju ry
IS returned int o court, and upon it th e defendant is arraigned and tried . It h as t h e
same force and effect as a bill of indictment. Th e only forma l difference be tween
the two is that a prosecutor prefers a bill of in dictment, and a special presentment

has no prosecutor, but , in theory originates w ith the gra nd j ury . Even this
difference between a bill of indict m ent and a special presentment no longer ex ists,
and the fi nding of th e gra nd jur-y is prepared by t he solic itor-genera l and called a
bill of indictment, or a specia l presentment, at his will.
Negotiable Instrum ent s
The pro duction of a bi ll of exchan ge to the drawee for his accepta nce, or to t he
drawor or acce ptor for payment ; or of a promissory note t o th e party liable, fo r
payment of the same. (Blac k 's 4t h)
"Pr esentm ent " means a demand made by or on behalf of a person entit led to
enforce an instru ment ( 1) to pay the instrument made t o t he drawee or a party
obliged to pay the instrument, or in the case of a note, or accepted draft pa yab le at
a bank, to t he ban k, or (2 ) t o accept a draft m ad e to t he drawee . UCC 3-50 1(a)
m ay be made by an y comme rcia lly reaso nable m eans, including an oral, written, or
electronic communi cation; is effective when th e demand fo r pay ment or accepta nce
is received by the per son to whom pr esentm ent is m ade. UCC 3-501( 1) Th e
production of a negotia ble inst ru ment [bill of exchange] to the drawee f or his
accept ance, or t o th e drawer or acceptor fo r payment ; or of a promissory note to
th e party liable, for payment of t he same. Presentment is a demand for accepta nce
or pa ym ent made upon t he m aker, acceptor, dr awee or other payor by or on behalf
of th e hold er. UCC 3-504( 1).
Presumption :
A presum ption is an assumption of f act t hat the law requires t o be ma de from
another fact or group of facts f ou nd or otherwise esta bl ished in t he action. A
presu mpti on is not evidence. A pre sumpt ion is eit her concl us ive or rebuttable .
Ev ery rebu tta ble presumption is either ( a) a pr esumpt ion affect ing t he bur den of
producing evid ence or (b) a presumption affecting t he burden of proof. ( Black's
6th)
A disputabl e presu mpt ion, calle d also an "in con clu sive" or "r ebuttabl e"
presu m pt ion, is an infe rence of law w hich hol ds good unt il it is invalidated by proof
or a st ro nger pr esu mpti on . (Black's 4th )
Pre sumption ; Third Party Documents; Ad m iss ibi l ity :

( 1) A bill of lading or any other document au t horize d or re quired by the contract to
be issu ed by a t hird party is admissible as evi dence of t he f acts stated in t he
document by th e t hird pa rty in any action arising out of the cont ract which
authorized or requi red t he document (2) I n any action arising out of the contract
which au tho rized or required t he document refereed to in subdiv isio n ( 1 ) . (a ) A
document in due fo rm purportin g t o be the document referr ed t o in subdivision (1 )
is pr esum ed t o be authentic and ge nuine. T his presumption is a presumption
affecti ng the bur den of producin g ev idence. ( b) If the docu ment is found to be
authe nt ic and gen uine , th e facts stated in t he docu ment by the thi rd party are
presum ed t o be true . This presumptio n is a pres umption affecting t he burden of
proof . UCC 1- 202

Price:
Som eth ing whi ch one ordinarily accepts voluntarily in exchange for so met hing els e .
The consideration given f or t he purchase of a t h ing; usually in money . ( Black's
4th )
Prime:
n , In Fre nch Law. Th e pri ce of the ris k assum ed by an in surer ; premium of
insur ance. v. To stand first or pa ram ount; to ta ke preceden ce or prio rity of; t o
outrank; as, in the senten ce "t ax es pri m e all oth er liens." (Black's 4th )
frincipal :
adj. Chief; leading ; most im portant or co nside rable; primary; orig inal. Hig hest in
rank, authority, character, im portance, or degree.
n. The source of authority or right. A super int en dent , as of a school district. The
capital sum of a debt or obligation, as distinguished from interest, or other
additions to it. The corpus or capital of an estate in contradist inction to the income ;
"incom e" being merely the fruit of capital.
Law of Agency .
.Th e em ployer or const itutor of an agent ; the pe rson who giv es authority to an
agent or attorney to do some act for him. Called also constituent or chief. One,
who, being competent su i j uris to do an y act for his own benefit or on his own
account, confides it to anoth er person to do for him. (Black's 4th )
Principle:
A fundamental truth or doctrin e, as of law ; a compr ehen siv e ru le or doctrine w h ich
furnishes a ba sis or orig in for others; a settled ru le of action , pro cedure, or legal
determination. A truth or proposition so cl ear t h at it ca nn ot be pr oved or
contradicted unless by a proposition wh ich is st ill cl earer. That which constitutes th e
essence of a body or its constituent parts. That wh ich pertain s to t he t heoretica l
part of a science. (Black's 4th)
PriQrity :
Precedence; going before . A lega l preference or precedence. When two pe rs ons
have similar ri ght in re spect of the same subj ect-matter, but one is entitled to
exercise his right to the exclusion of the other, he is said to have pri ority . (Black's
4th)
Private:
Affecting or belonging to private ind iv idu als, as district from the public generally.
Not official; not clothed with office. ( Blac k's 4th )
Private law:
As .use~ in contradistinction t o public la w, t he t erm m ean s all t hat part of the law
which IS administered between dtizen and citizen or w hich is concerned with the
definition, reg ulation, and enfor cem ent of rights i~ cases where both the person in
w~om th e ri ght inher es and t he person upon whom th e obligation is incident are
private individuals. ( Black's 4th )

Private Bank:
An unin corpor at ed banking institution owned by an individual or partne rship and,
depending on state statutes, subject to or free from st at e regulation . (Black' s 1st)
Prize:
mar. law, war. The apprehension and detention at sea, of a ship or other vessel , b y
authority of a be lligerent power, either w ith the design of appropriat ing it , w ith th e
goods and effects it contains, or with that of be coming master of the w h ole or a
part of its car go . 1 Rob . Adm. R. 228. The vessel or goods thus ta ken are also
called a prize. Goods taken on land fro m a public en em y , are called booty, ( q.v .}
an d th e di st inction betw een a prize an d booty cons ists in this , th at the former is
taken at sea and t he latter
on land .
2 . In order t o vest th e titl e of the prize in t he captors , it must be brou ght with
due care int o some conv eni ent port for adjudication by a co m pet ent court. Th e
condemnation must be pro no unced by a prize court of t h e government of the
captor sittin g in the co untry of the captor, or his ally; the prize court of an ally
cannot condemn . Strictly speaking, as between the belli gerent parties the t itle
passes, an d is vested when the capture is complete; an d t h at was formerly held to
be complete and perfect when the battle was over, and t h e spes recuperand i was
gone. 1 Kent , Com . 100; Ab bo tt on Ship . I ndex, h .t. : 13 Vin . Ab . 51 ; 8 Com . Dig .
88 5; 2 Bro. Civ. Law, 444; Ha r r. Dig . Shi p. and Shipping , X; Merl. Repert. h .t. :
Bouv. I nst. Index.
h.t. Vid e Infra praesid ia. (Bou vier' s 18 56 6t h Ed. }
Prize Court :
Eng . law The name of court which has jurisdiction of all captures made in war on
the high seas.
2. In En gland this is a separate branch of the court of admiralty, the ot h er
branch be ing called the instance court. (q .v. )
3. The district courts of the Un ited States have jurisdiction both as in stance and
prize courts, there being no distinction in th is r espect as in England . 3 Oall. 6 ; v ide
1 Ga ll. R. 563; Bro. Civ . & Ad m. Law, ch . 6 & 7; 1 Kent, Com. 356; Mann. Comm .
B. 3, c. 12. (Bouvier's 185 6 6th Ed.)
Proceeding :
In a ge ner al se nse, t he form and mann er of cond uctin g j uridical bu sin ess befor e a
court or j udicial officer; r egula r and orderly progress in form of law; including all
possib le steps in an action f rom its commencement to the execution of j udgment .
In a more particular sense, any application to a court of j ustice, however made, for
aid in the enforcement of rights, for rel ief, for redress of injuries, for damages, or
f or any remedial object. (Black's 4th)
Pro m is sory Not e ;

A promise or engagement, in writing, to pay a speci fi ed sum at a time ther ein
limited, or on demand , or at sight, to a person therein named, or to his ord er, or
b earer. A written promise made by one or more to pay another, or ord er, or bearer,
at a specified time , a specific amount of money, or other arti cl es of v alue. An
REDEMPTION MANUAL fOURTH EDITION 616

unconditional written prom ise, signed by th e maker, to pay absolutely an d at a ll
events a sum certain in m oney, either to t he bea rer or t o a perso n th erein
desig nated or his order, at a time specified t herein, or at a ti me which must
certai nly arrive. (Bl ack's 4t h)
Pronounce:
To utter formally, offici ally, and solemnly; t o declar e or affirm; to declar e aloud and
in a formal m anner. In t his sense a court is said t o "pronounce" judgment or a
sentence. (Black' s 4th)
Public :
n. Th e whole bod y politic, or the aggregat e of t he citizens of a st ate, district , or
municipa lity. The inhabit ants of a st ate, county, or com munity. In one sen se,
everybody; and accordingly t he bod y of the people at large; t he commun ity at
large , without reference to th e geographical limits of any corporation like a cit y ,
t own, or county; the people . In another sense the word does not mean all th e
people, nor.most of t he peopl e, nor ve ry many peopl e of a place, but so many of
t hem as contradisti nguishes th em from a few . Accord ingly , it has been defined or
employed as meaning the inhabitants of a particular pla ce; th e people of the
neighborhood . Also, a part of th e inhabit ants of a community.
adj. Pertaining to a state, nation, or whole community; proceeding from, r elating
to, or affecting the whole body of people or an enti re com mun ity. Open t o all;
notorious. Common to all or many ; ge ne ral ; open to co m mon use. Belon gin g to the
people at larg e; relating t o or affecting th e w hole people of a st ate, nat ion, or
community ; not limite d or restricted to an y particu lar class of t he commun ity.
(Blac k's 4th)
That vast multitude, wh ich includes the ign or ant , t he unthinking , and t he credulous,
who in making a purchase, do not stop t o analyz e, but are govern ed by general
appearance and General impression s. (Ball anti ne's Law Dict iona ry )
Public Debt:
That which is due or owing by th e gov ernment.
2. The constitution of th e United States provid es, art. 6, s. 1, that "all debts
contracted or engagements entered int o, before th e adopti on of this con stitution,
sh all be as valid against the Un ited States under th is constit uti on, as under the
confederat ion. " It has invariably be en the policy since the Revolution , to do j usti ce
t o the creditors of the governm ent. The public debt ha s som et imes been swelled to
a large amount, and at oth er tim es it ha s been reduced to alm ost nothin g .
(Bouvier's 1856 6th Ed.)
Punishment...;.
In crim ina l law . Any pain, penalty, or confi nement in fl icted upon a person by t he
authority of the law and the judgment an d sentence of a court f or some crime or
offe~se ~om mitted by him , or fo r his omission of a duty enjoined by law . A
depnvatlon of property or some right . But does not include a civil penalt y
redound ing to the ben efit of an indivi dual such as a forfeiture of int er est. ( Black's
4th) •

Purchase:
Transmission of property from one person t o another by voluntary act and
agreement, founded on a valuable consideration . In a t ech nical and broader
meaning relative to land generally means the acquisition of real estate by any
means whatever except by descent. (Black's 4th)
Puts a n d Calls:
A " put " in the language of t he grain or stock market is a privilege or delivering or
not delivering the subject-matter of the sale; and a "call" is a privilege of calling or
n ot calling for it. (Black's 4th)
Question:
A subject or point of investi gation, examina tio n or debate; t heme of inqu iry ;
problem; matter to be inquired into; as a delicate or doubtfu l quest ion .
A method of crimi nal examination heretofore in use in som e of the countries of
continental Euro pe, consisting of the application of torture to the supposed criminal,
by means of t he rack or other engines, in order to extort from him, as the condition
of his release from the to rture, a confession of his own guilt or the names of his
accom plices.
Evidence.
An interrogation put to a witness, for the purpose of having him declare the truth of
certain facts as far as he k nows them .
Practice.
A point on whi ch th e parties are n ot ag reed , and which is subm itted t o th e decision
of a j udge or j ury . ( Black 's 4th )
Quo Warranto :
In ol d English practice. A writ, in the nature of a writ of right for the king, against
him who claimed or usurped any office, franchise, or liberty to inquire by what
authority he supported his claim, in order to determine t he right. It lay also in case
of non-user, or long neglect of a franch ise, or mis-user or abuse of it; being a writ
commanding the defendant t o show by what warrant he exercises such a franch ise,
having never had any grant of it, or having forfeited it by neglect or ab use.
In Englan d, and quite generally th roughout the United St at es, this writ has given
place to an "i nform ation in the nat ure of a quo warran to ," wh ich, tho ugh in form a
crimi na l proce edi ng, is in effect a civ il r em ed y sim ilar to the old w rit, and is th e
m ethod n ow usually em ployed for t ry ing t he title to a corporate or other fra nch ise,
or t o a public or co rpo ra t e office . An extraordi nary proceed in g, preroga tive in
nat ure, addressed to preventing a contin ue d exercise of authority unlawfully
asserted. ( Black's 4th)
~
Proportional or relative value, measure, or degree; the proportion or standard by
wh ich quantity or value is adjusted.
In connection with public utilities, a charge to the public for a service open to all
and upon the same terms . ( Black's 4th)

Recognizance:
An obligation of record, entered into be fo re some co urt of record, or magistra te
duly authorized, with condition to do some particular act; as to appear at the
assizes, or crim inal court, to keep the peace, to pay a debt, or the like. It
r esem bles a bond, but differs from it in being an acknowledgement of a former debt
upon record .
In the practice of sever al of the states, a species of ba il bo nd or security, given by
the prisoner either on being bound over for trial or on his taking an appea l.
In criminal law, a person who has been found guilty of an offense may, in certa in
cases, be requi red to enter into a recognizance by which he binds himself to keep
t h e peace for a certain period.
I n criminal cases, a " bai l bond" is a contract under seal, executed by accused,
an d fro m its nat ure req uiri ng sureties or ba il , to whose custody he is comm itted,
w hil e a "recognizance" is an obligat ion of r ecord, entered into before some court o r
magistra t e authorized t o t ake it, wit h condition to do some particu lar act, and a
prisoner is often allowed so t o obligate himself to an sw er t o the char ge . ( Blac k's
4th)
RedemRJ; ion :
A r epurcha se; a bu ying ba ck . Th e act of a v end or of prope rty in bu ying it back
ag ain from th e purcha ser at t he same or an enha nced price .
The process of annulling an d revoking a co nditional sale of prop erty, by
performance of th e conditions on which it was stipulated to be r ev ocable.
Th e process of canceling an d annulling a def easable title to land, such as is created
by a mortgage or a tax -sa le, by pa ying the debt or fulfilling t he other con ditions.
The liberation of an estate from a mortgage.
The liberation of a chatte l from pledge or pawn, by paying the debt for wh ich it
stood as security.
Repurchase of no tes , bills, or other evidences of debt, (particularly bank-notes and
paper- money,) by paying their value in coin to their holders. (Black's 4th)
Delivera nce fr om the power of an alien do m inat ion and the enjoyment of the
resu ltant freedom . It involves the idea of restoration to on e who possesses a more
fundam enta l ri gh t or interest. (Zondervans Pictor ial Encycloped ia of th e Bib le)
RegIDered Bond:
Th e bonds of the Unit ed St ates govern m ent ( and of m an y municipal and private
corporat ions) are either regist ered or "coupon bonds." I n th e case of a r eg istered
bond, the name of the owne r or lawful holder is entered in a reg ister or reco r d , and
it is not negotiable or transferabl e except by an entry on t he r egister, and checks or
wa rr ants are sent t o the registered holder for t he successive installments of interest
as they fall du e. A bond with interest cou pons attached is transferable by mere
delivery , an d the coupons are payable, as due, to the person who shall present
the m for payment. But the bond issues of many private corporations now provid e
t hat the individual bonds " m ay be reg istered as to principal," leaving the int erest
~o upons pay able t o bearer, or that they may be r eg istered as to both principal and
Interest, at the option of the ho lder. (Black's 4th)

Registry :
A reg ister, or book authorized or reco gnized by law, kept for the re cording or
r egistr at ion of f acts or docu m ents. Th e act of re cording or w riting in the regi st er o r
de po siting in the place of public record s.
In com mercia l law. T he r egist r at ion of a vessel at the custom -h ouse, fo r t he
purpose of ent itlin g he r t o th e full priv ileges of a British or Ame rican built vessel.
(Black's 4th )
Re lease:
n . The relinquishment, concessio n, or giv in g up of a righ t, cla im , or pri v ilege, by
the person in who m it exists or t o whom it accrues, to t he person against w hom it
might have been demand ed or en fo rced .
In t his sense it is a contract an d must be supp orted by la wful an d valuable
conside rat ion .
A discharg e of a debt by act of party, as distinguish ed from an ex ti nguishment
wh ich is a di scharg e by operation of law , and, in distinguishing r elease from r ece ipt,
"r ece ipt" is evide nce that an obl iga t io n ha s been di scharged , but "re lease" is itself ,
a discharge of it. (Bla ck' s 4th )
Re m edy :
Rem ed y is t he means by w hich th e v io latio n of a right is prevented, r edressed , or
co mpensated . (Black 's 1st )
Th e purpose is to m ake it clear th at both r em ed y and rights (as de fi ned) incl ude
those r em edial rights of "self help" wh ich are among t he m ost important bodi es of
ri ghts under t his Act, re medial ri ght s, being th ose w hich an aggrieved party can
r esort on his own m ot ion. UCC 1-20 1( 34 }
Reorganization : Act or process of or ganizin g aga in or anew.
ReQl evin Bond :

A bond executed to indemnify t he offi cer who execute d a w rit of r ep levi n and to
indem nify t he def end ant or pe rson fro m w ho's custo dy t he pro perty w as t aken fo r
such damag es as he m ay sustain . ( Black 's 4t h )
Request :
n . An asking or pet iti on; th e ex press ion of a desire to some person fo r somet hing
t o be grant ed or done ; parti cularl y for the payment of a debt or perfo rmance of a
cont ract; also direction or com mand in la w of w il ls .
The t wo wo rd s "req uest" and "require, " as used in n ot ice t o creditors to presen t
cla ims ag ainst an estate, are of the same origin, and virtua lly sy n onym ous .
( Black 's 4th )
Res :
pr operty. Things. Th e te rms "Res," " Bona , " " Bien s," used by j uri st s w ho hav e
written in the Latin and French languages, are int ended to include m ovable or
pe rsona l, as we ll as immova bl e or real property . 1, Burge , Confl . of Law s, 19. See
Bien s; Bona; Things . ( Bouvie r' s 1856 6t h Ed.)

Resgonsible :
Liable, legall y accountable or answ era ble. Able to pa y a sum f or which he is or may
become liable, or to discha rge an obligatio n which he m ay be under. ( Blac k 's 4 th )
Retail :
To sell by small quantities, in broken lots or parcels, not in bu lk, to sel ldirect t o
con sumer. (Black's 4t h )
Return:
To bring, carry, or sen d back; to place in th e cu stody of; to restore; to r e-d eliver ;
to send back. (Bla ck's 4th )
Revenue:
Return, yield, as of land, profit, that wh ich r eturns or comes back from an
invest ment , the annual or periodica l rents profits, int erest or issues of an y species
or property, rea l or personal, income .
Also the income from an individual or private corp oration.
As applied to th e income of a government, a broad and general t erm, in cluding a ll
public moneys which the state coll ects and rece ives, from whatever sour ce an d in
whatever m anner. T he incom e wh ich a st ate collects and receiv es into its treasury,
and is appropriated for th e pa yment of its expenses .
Reven ue Law .
Any law which provid es for th e assessment and collecti on of a t ax to defra y th e
expenses of the government. Such leg islation is com m only ref erred to un der th e
general t erm "revenue measures," and those measur es includ e all the la w s by
which the governm ent provid es m ean s for m eeting its expenditures. ( Black's 4th )
Right of Redemgt ion :

The right to dis-incumber property or t o free it from a clai m or lien ; specifi cally , the
right (granted by st at ute only) to free property from the encumbran ce of a
foreclosure or other j udicial sale, or to reco ver th e titl e passing thereby , by pa yi ng
what is due. with interest, costs, etc. Not to be confounded with the "equity of
redemption, " which exists independently of stat ut e but must be ex er cise d bef ore
sale. (Black's 4th )
Right(s) :
"Rig hts" includes remedies . vee 1-201( 36) .
Sale:
A contr act between two parti es, called, re spect ively, th e "seller " (or ven dor) and
t he "buyer" (or purchaser, ) by which the forme r, in con side rat ion of th e pa ym ent or
prom ise of paym ent of a certa in pri ce in m oney, transfers t o t he latter th e t itle an d
the possession of property.
A contract Whereb y property is transferred by one person t o another f or a
c~n~ideration of value, im plying the passing of t he ge neral and absolut e t itle, as
dist inguished from a speci al interest falling sho rt of complet e owner ship. ( Black 's
4th)

Sanctions:
I n the origi na l sen se of t he word , a pe nalty or punishment provid ed as a m ean s of
enfor cin g obed ience to a law . In a m ore gen era l sense, a conditional evil annexe d
to a law to prod uce obe dience t o that la w. (Blacks 4th)
Satisfaction :
Act of satisfying ; t he state of being sat isfied. The d ischarge of an obligation by
paying a party wh at is due t o him, (as on a mortgage, lien, or co ntract, ) or what is
awarded to him, by t he judgment of a court or otherwise . Thus, a judgment is
satisfied by t he pa ym en t of t he am ount due t o the party who ha s r ec ov er ed su ch
judg ment, or by his levying t he am ount. The execution or carry ing into effect of an
accord. (Black 's 4th )
Satisfy:
To answer or discharge, as a claim, debt, legal demand or the like . To com ply
actually and fully with a demand; to extinguish, by paym ent or performance.
(Black's 4th)
Secure:
To give secu rity; to assure of pa yment, performan ce, or indemnity; to guaranty or
make certain the paym ent of a debt or discharge of an obligation .
One "secures" his cred itors by giving him a lien, mortgage, pledg e, or other
security, to be used in case t he debtor fa ils t o mak e paym ent.
Also, not exposed t o danger; safe; so stro ng , stable or fi rm as to insure saf et y.
( Black's 4th)
Secured Part:t....;.
"Secur ed Party " m eans a lender, seller or othe r per son in whose fa vor t her e is a
security int er est , including a person t o whom accounts or chattel paper have been
sold . When t he holders of obliga tions issued und er an indent ure of tr ust, equipm ent
t rust agreem ent or the like are represent ed b y a tru stee or other pers on, t he
representative is the secure d party . UCC 9 -105(m )
Securities:
Stock certificates, bond s, or other evi dence of a secu red indebtedness or of a right
created in th e ho ld er to participate in th e profi t s or assets distrib ution of a profit-
making ent erprise; more generally, written assuran ces for the return or pa ym ent of
money ; inst ru ment s giving to th eir legal holders right to money or other prop erty.
As such, securit ies have value and are used in regular channe ls of com m er ce. Th e
basic purpose of th e sale of securit ies is t o ra ise capit al for business and
government. ( Black' s 4th )

Security :
Protection ; assurance; indem nifi cat ion. The term is usuall y applied to an obli gation ,
pledge, mortgage, deposit, lien, etc., gi ven by a debtor in order to make su re t he
payment or performance of his debt, by furnish ing the creditor with a resource t o
be used in case of failure in t he principal obligation. The name is also sometim es
given to one who becomes suret y or guarantor for another. (Black's 4th)
Security Agreement:
"Security agreement" means an agreement whi ch creates or provides for a se curity
in te rest. UCC 9-105 . An agreement which creates or provides for a security
interest between the debtor and the secured party . UCC 9-105(h)
An agreement granting a creditor a security interest in pe rsona l property, which
security interest is normally perfected either by the creditor taking possession of
t he collateral or by filing financ ing statements in the proper public records. (Black's
6th)
Security Interest:
"Security interest" means an int er est in personal property or fixtures which secures
payment or performance of an obliga t ion. UCC 1-201(37)(a). A form of int er est in
property which provides that the property may be sold on default in order to satisfy
the obligation for which the security interest is given. UCC 9-102 . A security
interest is perfected when it has attached and when all the applicable steps
req uired for perfection have been taken . Such steps are specified in Secti on s 9-
30 2,9-304,9-305 and 9-306. If such steps are taken before t he security interest
attaches, it is perfected at the time when it attaches. UCC 9-303(1) .
U en created by an agreement. (Bankruptcy Code Section 10 1)
Interest in property obtained pursuant to security agreement. (Black's 6th)
Seisin:
Possession of rea l property under claim of freehold estate . The completion of the
feudal investiture, by which the tenant was admitted into the feud, and performed
the rights of homage and fealty . Possession w ith an intent on the part of him wh o
holds it t o claim a freehold interest. Right to immediate possession according to the
part of him who holds it to claim a freeho ld inter est . Right to immediate po ssession
according to the nature of the estate . Will iam v. Swang o, 365 ILL. 549, 7 N.E2d
306, 309. Black's law Dictionary 6th Edition
Sentence:
The j udgment fo rmally pronounced by the court or judqe upon the defendant after
his conviction in a criminal prosecution , awarding the punishment to be in fli cted .
JUdgment formally declaring to accused legal conseq uen ces of guilt which he ha s
confessed or of which he has been con victed . The word is properly confined to thi s
meaning. In civil cases, t he terms "judgment," "d ecision," "award," "finding," etc.
are used . (Black's 4th)
~ JUdgment, or j udic ial declaration made by a judge in a cause. The t erm judgment
IS more usually applied to civil, and sente nce to cr im inal proceedings.
2. Sentences are final, wh en they put, an end to the case; or interlocutory,

when t hey settle only so me incidental ma tter which h as arise n in the cou rse of its
progress. Vide Aso & Man. Inst. B. 3, t . 8, c. 1. (Bouvier 's 1856 6th Ed .)
fught Draft :
A bill of exchange for the immediate payment of money. (Barron's 3rd)
A bill of exchange for the immediate co llection of money. (Black's 6th)
Si9J)ed :
"Signed" includes any written symbol executed or adopted by a party w ith present
int ent ion to authenticate a writing . UCC 1-201(39)
Single Entry :
A term used among merchants signifying that the entry is made to charge or to
credit an individual or thing, without, at the same time, presenting any other part
of the operation; it is used in contradistinction to double entry. (q.v.) For example,
a single entry is made, A B debtor, or A B creditor, without designating what are
the connections between the entry and the objects which composed the fortune of
the merchant. (Bouvier's 1856 6th Ed .)
Solvency :
Ability to pay debts as they mature. Ability to pay debts in the usual and ordinary
course of business. Present ability of debtor to payout of his estate all his debts.
Excess of assets over liabilities. Also such attitude of a person's property as that it
may be reached and subjected by process of law, without his consent, to the
payment of such debts. The opposite of insolvency. (Black's 4th)
Statement :
In a general sense, an allegation; a declaration of matters of fact . The term has
come t o be used of a variety of formal narratives of facts, required by law in
various j urisdictions as the foundation of judicial or official proceedings and in a
limited sense is a formal, exact, detailed presentation . (Black's 4t h)
Stock:
Mercanti le Law.
The goods and wa res of a merc hant or trad esm an, ke pt fo r sale and t r affi c.
In t he larger sense. T he ca pita l of a merc hant or other person, including his
m erchand ise, mo ney, and credits, or, in ot he r wo rds, t he enti re pro perty employed
in business.
"St ock" is distinguished from "bonds " and, ordinarily , from "debentures," in that it
gives rig ht of ownership in part of assets of corporatio n and right to interest in any
surplus after paym ent of debt. (Bla ck's 4th )
Stram ineus Homo:

L. Lat. A man of straw, one of no substance, put forward as bail or surety. (Black's
6'" ed p . 1421)

Straw-man :
A "front", a third party who is put up in na me only to take part in a transaction in
name only. Nominal party to a transaction. (Black's 6th)
The term is also used in commercial and property contexts when a t ransfer is made
to a third party, the straw man, simply for the purpose of retransferring to the
transferor in order to accomplish some other purpose not otherwise permitted .
( Barron's 3rd)
Sum :
I n English law. A summary or abstract; a compendium; a collection . Several of the
old law treatises are called " sum s .•
The sense in which the term is most commonly used is "money"; a quant it y of
m oney or currency ; any amount indefinitely, a sum of money, a small sum , or a
large sum. (Black's 4th )
~erv isor :
A surveyor or overseer ; a highwa y offi cer. Also, in some st at es, the ch ief officer of
a town; one of a board of county officers.
I n a broad sense, one having authority over oth ers, t o superi nt end an d direct.
( Black's 4th )
:;,urety :
One who undertakes to pay money or to do any other act in event that his principal
falls therein. One bound with his principal for the payment of a sum of money or for
the performance of some duty or promise and who is entitled to be indemnified by
som e one who ou ght to have paid or performed if payment or performance be
enforced against him. Everyone who incurs a liability in person or estate, for the
benefi t of another, without sharing in the consideration. stands in the position of a
"surety," what ever may be the form of his obligation .
A surety is an insurer of the debt or obligation; a guarantor is an insurer of the
solvency of the principal debt or or of his ability to pay. (Black's 4th)
Surrender:
To give back ; yield; render up; restore; and in law t he giving up of an estate t o th e
person who ha s it in r eversion or re mainder, so as to m erge it in t he larger esta te ;
the giving up of a lease before its ex pirat ion ; yie lding up a tenency in a copyh old
estate to th e lord of th e m anor for a speci fie d purpose; a deed by which surre nder
is made; the giv ing up by a ban krupt of his pro perty to his cre ditors or t heir
assignees; also, his due appearance in the bankruptcy court for examination as
formerly r equired by t he bankruptcy acts.
"Surrender" is contract ual act and occurs only through consent of both parties.
(Blac k 's 4th)
Suspense :
When a rent, profit, a prendre, and the like, are, in consequence of the unity of
~osseSSion of the rent, &c., of the land out of which they issue, not in esse for a
time, they are said to be in suspense, tunc dormiunt, but they may be revived or
awakened. Co, Litt. 313 a . (Bouvier's 1856 6th Ed.)

Tacit Hypothecation:
In the civil law, a sp ecies of lien or mortgage which is created by operation of law
without any express agreement of the parties . In admiralty law, this term is
sometimes applied to a maritime lien, which is not, strictly speaking, an
hypothecation in the Roman sense of the term, though it resembles it. (Black's
4th)
Ta x :
A rate or sum of money assessed on a citizen's person, property, or acti vity for th e
support of a government levied upon real assets or real property (property ta x ),
upon income derived from wages, etc. (income tax), or upon sale or purchase of
goods (sales tax). ( Barron's 3rd)
Ta x Return:
The f orm on which an in dividual, corpora tio n or other entity r eports income,
dedu ct io ns and exempti ons an d calculates their tax liab ilit y, A ta x r eturn is
ge nera lly f or a on e year peri od , however, in some cases , th e peri od m ay be less
than a year. A federal tax r etu rn is fi led with the Internal Revenue Service, and a
state return is filed w ith t he r evenu e departm ent of the state. (Bla ck's 6t h)
Tender:
An offer of money; the act by which one produces and offers to a person holding a
claim or demand against him the amount of money wh ich he considers and adm its
to be due, in sat isfaction of such cla im or demand, w ithout any stipulation or
condition.
The offer of performance, not performance itself, and, when unjustifiabl y
refused, places other party in default and perm its party making tender to exercise
remedies for breach of contract.
The actual proffer of money, as d istinguished from mere proposal or proposition
to proffer it. Hence mere written proposal to pay money, without offer of cash, is
not "tender."
Tend er, tho ugh usually used in connection with an offer to pay money, is properly
used in connection wi th offer of property other t han m oney.
T end er, in plea di ng, is a plea by defendant tha t h e has been always ready to
pay th e debt dem and ed , and before the com mencement of th e act ion t en dered it to
t he plaintiff, and now brin gs it into co urt rea dy t o be paid t o him.
Legal t end er is t hat kin d of coi n , m oney, or circu lati n g medium which th e law
co mpels a creditor to accept in payment of his debt, whe n ten dered by the debtor
in t he ri ght amount. ( Black's 4th)
Test :
To bring one to trial and examination, or to ascertain the truth or the quality or
fitness of a thing.
Something by which to ascertain the truth respecting another thing; a criterion ,
gauge, standard, or norm. (Black 's 4th )
REDEM PTION MANUA L FOURTH EDITION 626

Testify :
To be ar witness; to give evid ence as a witness; to make a solemn declaration,
under oath or affirmation, in a judicial inqui ry , for the purpose of establishing or
proving some fact . (Black's 4th)
Title:
estates . A t itle is defined by Lord Co ke to be the means whereby the owner of la n ds
hath the just possession of his property. Co. Lit. 345; 2 BJ. Com. 195. Vide 1 Ohio
Rep . 349. Th is is the definition of title to lands only.
2. There are several stages or degrees re quisite to form a complete title to lands
and t en em ents. 1st. T he lowest and m ost im pe rfect deg r ee of t itle is the mere
possession, or actu al occupation of t he estate, without an y appa re nt ri ght to h old or
co nt inue such possession; th is happens wh en one man disseises an ot her. 2 BI.
Co m . 195. 2dly. The next step to a go od an d
perfect title is the right of possession, which may reside in one man, whi le the
actual possession is not in himself, but in another. This right of possession is of two
sorts; an apparent right of possession, which may be defeated by proving a better;
and an actual right of possession, wh ich will stand the test against all opponents.
I dem. 196. 3dly. The mere right of property, the jus proprietatis without either
po ssession or the right of possession . ld . 197.
3. A title is either good, marketable, doubtful, or ba d .
4. A good t it le is that w hich entitles a man by right t o a property or estate , and
to th e lawful possession of t he same.
S. A marketable title is one which a co urt of equity co nside rs to be so clea r t hat
it will enforce its acce pta nce by a purchaser. The ordinary accep t at ion of t he term
marketabl e title, would convey but a very imperfection of its legal and technical
im port .
6. To common apprehension, unfettered by the technical and conventiona l
distinction of lawyers, all titles being either good or bad, the former would be
cansidered m arketable, the latter nan-marketable. But this is not the way they are
reg ard ed in courts of equity, the distinction taken there being not between a title
w hich is absolutely good or absolutely bad, but between a title, which the court
considers to be so clear that it will enforce its acceptance by a purchaser, and one
which the court will not go 50 far as to decl are a ba d t it le, but only that it is subject
t o so much doubt that a pur ch aser ought not t o be compelled to accept it. 1 Jac. &
Walk. R. 568. In short , wh atever m ay be t h e priv at e opinion of t he court, asto th e
goodness of th e t itle yet if there be a re aso na ble doubt eithe r as t o a matter o f la w
or fact involved in it, a purchase r will not be compelled to complete his purchase;
and such a t it le, though it may be perfectly secure and unimpeachable as a holding
t itle is said, in the current language of the day, to be unmarketable. Atkins on T it.2 .
7 . The doctrine of marketable titles is purely equitable and of modern orig in. Id.
26. At law every title not bad is marketable . 6 Taunt. R. 263 ; 5 Taunt. R. 625; S . C.
1 Marsh., R. 258. See Dalzell v. Crawford, 2 Penn. Law Journ. 17.
8 . A doubtful title is one which the court does not consider to be so clear that it
~i11 enforce its acceptance by a purchaser, nor so defective as to declare it a bad
t itle, but only subject to so much doubt that a purchaser ought not to be compelled
to accept it. 1 Jac. & Walk. R. 568; g Cowen, R. 344; vide Title, Marketable .
9. At com mon law, doubt ful, tit les are unknown; the re every title must be either

good o r ba d. Atkins on Tit. 17. See Da lze ll v. Crawford , 2 Pe nn. La w Journ . 17.
10. A ba d tit le is one which conveys no property to a purchaser of an estate .
11. Ti tle to real estate is acquired by two methods, namely, by descen t and by
purcha se. (See t hes e words .)
12. Title to personal property may accrue in three different ways. By orig inal
acquisition. 2. By transfer, by act of law. 3. By transfer, by, act of the parties.
13 .-Sec. 1. Title by original acquisition is acquired, 1st. By occupancy. This
mode of acquiring t itle has become almost extinct in civilized governments, and it is
permitted to exist only in those few special cases, in which it may be consistent
with t h e public good . First. Goods taken by capture in war were, by the common
law, adjudged to belong to the captor, but now goods taken from enemies in t ime
of war, vest primarily in the sovereign, and t hey belong to the individual captors
only to the extent and under such regulations, as positive laws may prescribe.
Finch's l aw , 28, 178 Bro . tit. Property, pI. 18,38; 1 Wilson, 21 1; 2 Kent, Com .
290,95. Secondly. Another inst ance of acquisition by occupancy, wh ich still exists
under certain limitations, is that of goods casually lost by the owner, and
unreclaimed, or designedly abandoned by him; and in both these cases they belong
to the fortunate finder. 1 BI. Com. 296. See Derilict.
14. - 2d . Title by original acquisition is acquired by accession. See Accession .
IS.-3d . It is acquired by intellectual labor. It consists of literary property as the
construction of maps and charts, the writing of books and papers. The benefits
arising from such labor are secured to t he owner. 1. By patent r ights for inventions.
See Patents. 2. By copyrights. See Copyrights.
l 6. -Sec. 2 . Th e title to personal property is acquired and lost by transfer, by act
of law, in va rious ways. 1. By forfeiture . 2. By succession. 3. By marriage. 4 . By
judgment. 5 . By insolvency. 6. By intestacy.
l7. -Sec. 3 . Title is also acquired and lost by transfer by the act of the party. 1.
By gift. 2. By contract or sale.
18. I n general, possession constitutes the criterion of title of personal property,
because no other means exist by which a knowledge of the fact to whom it belongs
can be atta ined . A seller of a chattel is no t, the refo re, req uired to show the origin of
his t itle, nor, in general, is a purchaser, without no tice of the claim of the owner,
co m pe llable to m ake r estituti on; but, it seems, that a purch aser from a t en ant for
life of pe r son al cha ttels, will not be secure against the claims of t h ose entitled in
re ma inder. Cow p. 4 32 ; 1 Bro . C. C. 274; 2 T. R. 376; 3 At k. 44; 3 V. & B. 16 .
19. To the rul e that po ssession is th e criterion of t itle of property m ay be
m enti on ed t he case of ships, t he title of which can be ascertai ned by th e reg ister.
15 Ve s . 60; 17 Ves. 25 1; 8 Price , R. 256, 277.
20. To convey a title t he se ller m ust himself have a title to t he property wh ic h is
t he subject of t h e transfer. But t o th is ge nera l r ule t h ere are exceptions . 1. The
lawful coin of the United States will p ass t h e property along w ith t he possession . 2.
A negotiable instrument endorsed in blank is transfera ble by any person holding it,
so as by its delivery togive a good t itl e "to any person honestly acquiring it. " 3 B. &
C. 47 ; 3 Burr. 151 6 ; 5 T. R. 683 ; 7 Bing. 284 ; 7 Taunt. 265, 278; 13 East, 509 ;
Bo uv . Inst, Index, h .t. (Bouvier's 1856 6th Ed.)

Token :
commercial taw . I n England, this name is given t o pieces of metal , made in the
shape of money. passing among private persons by consen t at a certain va lue . 2
Ad olph. P. 5 . 175; 2 Chit . Com . Law, 182 . (Bouvier 's 1856 6th Ed. )
Tort :
(from lat. to rqu ere, to twist, t ortus , twisted, wrest ed aside ). A private or civil
wrong or injury. A wron g in dependent of contra ct. A violation of a duty impose d by
general law or otherwise upon all person s occupying the relation to each other
which is involved in a given transaction. The re must alw ays be a viola tion of some
duty ow ing to plaintiff, and gener ally such duty must arise by opera tio n of law and
not by m ere ag reement of th e parties.
Th ree elements of every tort action ar e : Existence of legal duty from def endant
t o pla intiff, breach of duty, and dam age as proxi mate r esult.
A legal wrong co m m itted upon t he perso n or property independent of cont r act. It
m ay be eith er ( 1) a direct invasion of some lega l right of t he in dividua l; ( 2) t he
infraction of some public duty by wh ich special da m ag e accrues t o the individual ;
(3) the violat ion of some private ob ligation by wh ich like dam age accrue s t o t he
individual. .I n the former case, no speci al damage is ne cessary t o entitl e th e party
to r ecover. In t he two latter cases, such damage is necessary. A v iolation of a right
in rem which plaintiff has as against all persons with whom he comes in contact or
th e violation of a ri ght whi ch is created by la w an d not by any act of parties.
Personal Tort.
One involving or cons ist in g in an injury to the per son or to th e r eputation or
feelings, as dist in guished fro m an injury or dam age t o re al or personal property,
ca lled a "pr operty t ort. · ( Black's 4t h )
Trade Acceptante ;
A draft or bill of exchange drawn by the seller on the purch aser of goods sold and
accepted by such purchaser. (Black's 4t h)
Iransaetion :
Act of transacting or conducting any business ; negotiation; management ;
proce eding; that w hich is don e ; an affair. So mething which has taken place,
whereby a cause of action has arisen . It must t heref ore consist of an act or
ag reement, or several acts or agreement s ha ving some co nnection wi t h eac h othe r,
in which more t han one person is concerned, an d by which the lega l r elations of
such persons between themselves ar e altered.
A broader term than "contract.· ( Black's 4th )
Transm.ining Utility :
"Transmitting utility" m ean s an y pers on prima rily engaged in the ra ilroad , street
ra il way or t rolley bus bu siness, t he electric or electronics communications
t r ans mission bu siness, t he t r ansmission of goods by pipeline, or the transmission or
t he pr oduction and transmission of electricity, steam, gas or water, or the provision
of sewer service. UCC 9- 105(n). The proper place to file in order to perfect a
security interest in collateral of a transmitting utility is the office of the Secretary of
State. UCC 9 -401 (5 } I f t he debtor is a t ra nsmitt ing ut ilit y and a filed fi nancing

stat ement so states, it is effect iv e until a t ermination statement is fi led . UCC 9 -
4 03( 6).
NOTE : We ar e all engaged in business (commerce) . We all use electricity, water,
phone, sewer, etc.; by our usage we are engaged in these transm issions directly.
The name in CAPITAL LETTERS is a "c o m m e rcial - transm itting utility" as it is the
entity whereby all commerce, i.e., presentments, bills, applications, court actions,
everything comes to us the natural flesh and blo od people acting as the authorized
represen tative of our commercia l transm itting utility (straw-man ) being the fiction
by w hich all actions come t o us and against us. NOT E; You r debtor is a commercial
t r ansmitting uti lit y in th at all comm er ce and co m mercial prese ntments ar e mailed
or pass through to y our Debtor!
Traverse:
I n the langu age o f pl eading, a t rave rse signifies a denial. Thus, wh ere a defen da nt
denies any m at er ial all egation of fact in the plaintiffs decla rat ion, he is said to
traverse it , and the plea itsel f is thence fre quently t erm ed a "traverse ,"
Treasury Note :
A note or bill issued by the treasury department by the author ity of th e United
States government, and circulating as money. ( Black's 4th )
Treasury Securities :
Su ch as ha v e been la wfully issu ed and thereafter have been bo ught b y co r pora tio n
fo r a con sid er ation out of corporat e fund s or oth erwise acqui r ed from ow n er s, an d
n ot retired but place d as an asset of t h e co r pora t io n in its t reasu ry fo r future use as
such . (Black's 4t h )
Trial ;
A judicial examination, in accor dance with law of the lan d, of a cause, either civi l or
criminal, of the issues between the parties, whether of law or fact, before a court
that has j urisdiction over it. For purpose of determin ing such issue.
It inclu des all proceedings from time when issue is joined, or, more usually,
w h en parties are called to t ry t heir case in court, t o ti me of its fina l det er m ina t io n.
And in its strict definition, th e word "t ria l" in cri minal pro cedure m eans th e
proceed ings in ope n court after th e pleadings ar e finished and th e prosecution is
otherwise r ead y , down to and including the ren dit ion of th e verdict. ( Black 's 4th )
Trye Bill :
practice. These words are en dorsed on a bill of indictm ent , when a gr an d jury, after
having heard the witnesses fo r the government, are of opinion t hat t h er e is
sufficient cause to put the defendant on his trial. Formerly, the endorsement was
Billa vera, w hen legal proceedings were in Latin; it is still the practice to write on
the ba ck of the bill I gnoramus, when the jury do not find it to be a true bill. Vide
Grand Jury. (Bouvier's 185 6 6th Ed.)
Trustee in Bankruptcy :
A pe rs on in w hom the pro perty of a ba nkrupt is vested in trust for the creditors .
(Bl ack's 4th)

Unalienable :
The state of a thing or right wh ich cannot be sold.
2. Things which are not in commerce, as public roads, are in their nature
unalienable. Some things are unalienable, in consequence of particular provisions in
the law forbidding their sale or transfer, as pensions granted by the government.
The natural rights of life and liberty are unalienable. (Bouvier's 1856 6th Ed.)
Uniform Commert ial Code IUCC)....;

One of the uniform laws dr afted by t he National Confe rence of Commissioners on
Uniform State Laws and th e Am erican Law Institute governing commercial
transactions (including sales and leasing of goods, tra nsfer of funds, commercial
paper, bank deposits and collections, letters of cr edit , bulk transfers, warehouse
receipts, bills of lading, investment securities, and secured transactions) . The UCC
has been adopt ed in whole or subst antially by all states. (Bla ck 's 6th )
A code of laws governing various comm ercial transaction s, including t he sale of
goods, ban king transact ion s, secured transactions in personal property , an d other
matters, that was designed to bring uniformity in these areas to the laws of the
various states, and th at has been adopted, with some modifications, in all states, as
well as in th e District of Colu mbia and in t he Virgin I sland s. ( Barro n's 3r d)
Un less dis placed by th e particular provi sions of this cod e, the princip les of law a nd
equity, including t he la w merchant an d th e law r elative t o ca pacity to contract,
principal and agent, estoppel, fraud , misrepresentation, du ress, coercion, mistake,
bankruptcy, or other validating or invalida ting cause sh all supplement its
provisions. UCC 1-1 0 3 .
Unilateral Contract :
civil law. Whe n the party to whom an engagement is made, makes no express
agreement on his part, the contract is called
unilateral, even in cases w here t he la w attaches certai n obligations t o his
acceptance. Civ. Code of La. art. 1758. Cod e Nap. 1103. A loan of m on ey, and a
loan for use, are of this kind. Poth . ObI. part 1, c. 1, s. 1, art . 2; Lee. El emen. Sec.
781. (Bouvier' s 1856 6th Ed .)
United States:
This term ha s severa l mean ings. It may be mere ly th e nam e of a soverei gn
occupying the position anal ogou s to that of ot he r sovere ig ns in famil y of nati ons, it
may designate territory over which sovereignty of Uni te d St at es exten ds, or it may
be collective name of the states wh ich are united by and under the Constitution.
(Black' s 4th)
United States of America:

T~e republic who se organic law is t he constit ution adopted by t he people of t he
thirteen states that declared their independence of the government of Great Britain
on the fourth day of JUly, 1776. If the nation comes down from its position of
sovereignty and enters the dom ain of commerce, it sub mits itself t o the same laws
o.f commerce that gove rn individua ls t herein . It assum es th e position of ordin ary
citizen and it cann ot r ecede from t he fulfill m ent of its obligations . ( Bouvier 's 3rd)

The te rm is be lieved to have been copyrighted by the f ederal corporat ion as we ll as
the term ' Unit ed States.'
United States Notes:

Promissory notes, resembling bank-notes, issued by the government of the United
States. (Black's 6th) .
Unliquidated :
Not ascertained in amount; not determined; rema ining un-assessed or unsettled;
as un-liquidated damages.
A debt is spoken of as "un-liquidated," if the amount thereof cannot be
ascertained at the trial by a mere computat ion, based on the terms of the
obligation or on some other accepted stand ard.
Un der the law of accord and satisfaction, a claim or debt will be regarded as un -
liquidated if it is in dispute as to the proper amount.
A clai m in ba nkruptcy is "un -l iquidated" until fi nal fi xat ion of amount of liab ility.
(Black 's 4 th)
Valuable Consideration:
contracts. An equivalent fo r a thi ng pu rch ase d . Vid e Vin. Ab. Consi deration, B; 2 BI.
Com. 297; Con sidera t ion. (Bouvier's 1856 6th Ed.)
A class of consideration upon which a promise may be founded, which entitles the
promisee to enforce his claim against an unwilling promisor. Some right, interest,
profit, or benefit accruing to one party, or some forbearance, detriment, loss, or
responsibility given, suffered, or undertaken by the other. A gain or loss to either
party in whose fa vor the contract is made parts with a right which he might
otherwise exert. It need not be translatable into dollars and cents, but is sufficient
if it consists of performance, or promise thereof, which promisor treats and
considers of value t o him . It is not essential that the person to whom the
consideration moves should be benefited, provided the person from whom it moves
is, in a legal sense, injured. The injury may consist of a compromise of a disputed
claim or forbea rance t o exercise a legal right, the alteration in position being
regarded as a det riment that forms a consideratio n independent of t he actual value
of th e right forborne .
T he follow in g wa s said to be a va luable consideration : Extension of t ime fo r
pa yment of an obligation . Release of property SUbject t o execut ion. Pr e-exist inq
debt . The distinction betwee n a good an d a va lua ble considera t ion is that the
f ormer consists of blood , or of natural love an d affection; as when a m an gra nts an
estate to a near rela tive from motives of generosity, prudence, and nat ural du ty;
an d the latter consists of such a consideration as money, m arriage which is to
follow, or the like, which the law esteems an equivalent given f or the grant.
( Black 's 4th)
Valua t ion:
The act of ascertaining the worth of a thing . The estimated worth of a thing .
"Valuation" of itself does not levy tax upon person or property, but is necessary
step preliminary thereto. ( Black's 4th)
RED EMPTION MAN UAL FOURTH EDITION 632

Value:
The utility of an object in satisfying , dir ect ly or indir ectly, t he needs or desires of
human beings, call ed by econ omist s "value in use ; " or its worth con sisting in t he
power of purchasing other objects, called "value in exchange." Also the estim ated
or appraised worth of any object or property, cal culated in money.
Any consi deration sufficient to support a simple cont ract.
The t erm is often u sed as an abbreviati on fo r "va luable co ns ideration, " es pecial ly
in the phrases "pur chaser f or value, " "holder for val ue ," etc. ( Black's 4 t h )
A person gives "value" f or rights if he or she acquires t hem. UCC 1- 201 ( 44 ) . ( a)
An instrument is issued or transferred for va lue if any of the following apply: ( 3)
The inst ru m ent is issued or transferred as security for, an antecedent cla im against
an y person. UCC 3-303(a)(3)
Vendee:
A purchaser or buyer; one to w ho m an yth ing is sold . Generall y used of th e
purcha ser of re al property, one who acqui res chattels by sale being called a
"buyer". ( Black' s 4th)
Vendor:
The person wh o transfers property by sale, particularly r eal estate , "seller" be ing
m ore commonly u sed fo r one who sells per sonality . The latter may, however, w ith
ent ire propriet y, be termed a vendor. A m erch ant; a reta il dealer ; som et im es, one
who buys to sell
One who ne gotiates the sale, and becomes the recipient of t he consideration,
though t he title comes t o the vendee from another source, and not from the
vendor. ( Black's 4th)
Vessel :
Though, the term "vessel," in admiralty law, is not lim it ed t o ships or vesse ls
engaged in com m erce. (Bl ack 's 6th)
Public Vessel.
One owned and used by a nation or government for its public service, whether in it s
navy, its revenue service, or otherwise. ( Black's 4t h)
Voucher:
A receipt, acquittances, or rel ease, w hich m ay serve as evidence of pa ym ent or
discharge of a debt, or to certify t he co rrectness of accoun ts. An account- book
cont aining the acqu itta nces or rece ipts showing the accountant's discharge of his
obligations. When used in connection with disbursement of money, a written or
printed instrument in the nature of a bill of particulars, account, receipt, or
a~quittance . that shows on its face the fact. authority. and purpose of
disbursem ent. (Black·s 4t h )
Accounts. An account book in which are entered the acquittances, or warrants
fo~ t he accou ntant's discharg e. It also signifies any acq uittance or receipt , wh ich is
evidence of paym ent, or of the debt or' s being discharged . See 3 HaIst. 299 .
(BOUVier' s 185 6 6th Ed .)

W arehouseman:
A "w arehouseman" is a person engaged in the business of st ori ng good s f or hire.
UCC 7-10 2(h )
Warehouse ReceiJtt...i
A receipt given by a w arehouseman for good s received by hi m on storag e in h is
warehouse. It is ev idence of t it le to goods t her eb y re presented. ( Black' s 4 t h )
A wa r ehouse recei pt or other docu m ent of t itle is neg otiable (a) If by its term s, t he
goods are to be delivered to bearer or t o t he order of a nam ed per son; or ( b )
Where recogn ized in ov erseas t r ade, if it runs t o a named person or assigns. UCC
7 -104(1)
Warrant :
V. In contracts. To engage or promise that a certa in fact or state of facts , in
relation to the subject- m atter, is , or shall be, as it is represented to be.
In conveyances. To assure th e title t o property sold, by an express covenant to that
effect in the deed of conv eyance. To stipulate by an express covenant that the titl e
of a grantee sha ll be good, and his possession undisturbed .
n . 1. A writ or precept from a com pet ent authority in pursuance of law, directing
the doing of an act, and addresse d to an officer or person competent t o do th e act,
an d affording him protection from damage, if he does it.
2 . Particularly, a writ of precept issue d by a magistrate, justice, or oth er co m peten t
authority, addressed to a she riff, co nst able, or other offi cer, requiri ng him to arrest
the body of a person therein named , and bring him before the m agist ra te or co urt,
to answ er, or t o be ex am ined , touchin g some offense wh ich he is charged with
havi n g committed .
3 . An order by which th e dr aw er authorizes one person t o pa y a particular sum of
m oney.
4. An authority is sued t o a collecto r of taxes, em po weri ng him t o collect th e t axes
extended on th e assessm ent ro ll, and t o m ake distress and sale of goods or land in
default of paym ent.
S. A comman d of a coun cil, b oard, or offici al whose duty it is t o pa ss upon the
validit y and determine the amount of a claim aga inst th e municipality, to th e
trea surer to pay money out of any finds in the municipal treasury, whi ch are or ma y
become available for the purpose specifi ed, t o a designated person whose claim
th erefore has been duly adjusted and allowed.
A "warrant" differs from a "b on d" in that a bond is a "negotiable instrument",
wh ereas a wa rrant is non negotiabl e and is subject at all t imes to th e defenses it
would be were it in the hands of th e orig inal payee, which is not th e case w ith a
negotiable bond. (Bla ck's 4th )
Warrant :
cri m . law, Practice. A writ issued by a j ust ice of the peace or ot her autho rized
offi cer, directed t o a constabl e or other proper per son, r equiring him to arr est a
per son t herein named, charg ed with committing some offence, and t o brin g hi m
before th at or some other j u stice of the peace.
2 . It should regularly be made under the hand and seal of th e j ustice and dated .
No warrant ou ght t o be issued except upon the oath or affir mation of a w itness

charg ing the defendant with . t he offen ce. 3 Binn . Rep . 88.
3 . The reprehensib le practice of issu ing blank wa rrants wh ich once prevai led in
England, was nev er ad opted here. 2 Ru ss. on Cr . 512; Ld. Raym. 546 ; 1 Salk . 175 ;
I H. BI. R. 13; Doet . PI. 529 ; Wood 's Inst. 84; Com . Dig. Forcibl e Entry , 0 18, 19;
Id. Imprisonment, H 6,; Id. Pleader, 3 K 26; Id . Pl eader, 3 M 23. Vid e Search
warrant.
4 . A bench warrant is a process granted by a court authorizing a prop er officer
t o apprehend and bring before it some on charged with some contempt, cri m e or
misdemeanor. See Bench warrant.
5 . A sea rch warrant is a process issued by a com petent co urt or officer
aut horizing an offi cer there in named or descri bed. t o ex am ine a h ouse or other
pla ce for t he purpose of fi ndi ng goods wh ich it is alleged have been stolen . See
Search warrant. (Bouvier's 1856 6th Ed.)
Warranty :
A promise that a proposition of fact is true . (Black's 4t h)
contracts. This word has several significations, as it is applied to the co nveyance
and sale of lands, to the sale of goods, and to the contract of insurance.
2.- 1. The ancient law relating to warranties of land was full of subtleties and
intricacies; it occupied the attent ion of the most eminent writers on the Eng lish law,
an d it was declared by Lord Coke, that the learning of warranties was one of th e
most curiou s and cun ning learn ing's of the law ; but it is no w of littl e use ev en in
England. Th e warranty was a covenant real, Where by th e grantor of an estate of
freeh old. and his hei rs, were bou nd to warrant t he title; and eit her upon vouche r,
or j udg ment in, a
w rit of warrantia chartae, to yield ot her lands to the va lue of those from wh ich
there had been an eviction by paramount title Co. Litt. 365; Touchst.; 181 Bac. Ab.
h. t.; the heir of the warrantor wa s bound only on cond ition that he had, as assets ,
other lands of equal value by descent.
3. Warranties wer e lineal and co llateral.
4 . Lineal, when the heir derived t itle to the land warranted, either from or
through the ancestor who made the warranty.
S. Colla teral warranty was when the heir's t itle was not derived from the
warrant ing ancest or, and yet it barred the heir from clai ming the land by any
collateral t itle, upon the presumpt ion that he might t he reafter have assets by
descent from or t hrou gh the ancesto r ; an d it impose d up on him the ob ligation of
giving th e warrant ee other land s, in case of eviction, provided he had assets. 2 BI.
Com. 301, 302.
6. The statute of 4 Anne, c. 16, annulled these collateral warrantees , wh ich bid
become a great grievance. Warranty in its ori ginal form, it is presumed, ha s never
been known in the United States. The m ore plain and pliable form of a cov enant
has been adopted in its place and t his cov enant, like all ot her covenants, has
always been held to sound in damages which after j Udg men t may be recovered out
of the personal or rea l estate, as in other cases. Vide 4 Kent, Com. 457; 3 Raw le's
R. 67, n. ; 2 Wheat. R. 45; 9 Serg o & Rawle , 268 ; 11 Serg o & Rawl e, 109; 4 Dall.
Rep. 442; 2 Saund. 38, n . 5 .
7. -2 . Warranties in relation, to the sale of personal chatte ls are of two kind s,
express or implied .

8 . An ex press warranty is on e by wh ich the warrantor covenants or undertakes
to insur e that th e thin g which is t he subj ect of the. contract, is or is not as th ere
mentioned; as, that a horse is sound ; that he is not five years old .
9. An implied warranty is on e w hich , not being ex pre ssl y made, th e law implies
by th e fact of the sale; for exam ple, t he sell er is, understood to warrant t he t itle of
goods be sells, wh en th ey are in his possess ion at t he t im e of the sale ; Ld . Raym .
593; 1 Sa lk .. 210; but if th ey are not then in his po ssession, the ru le of cavea t
em ptor applies, and the bu yer pu rch ases at his risk. Cro . Jac. 19 7.
10. In gen eral there is no im pli ed warr ant y of t he quality of the goods sold . 2
Kent, Com. 374; Co. Litt. 102, a ; 2 Black Comm. 452 ; Bac. Abr. Actio n on t he case
E; 2 Com. Contr. 263; Dougl. 20; 2 East, 31 4; Id. 448, n.; Ross on Vend. c. 6; 1
Johns. R. 274 ; 4 Conn. R. 428; 1 Da ll. Rep. 91; 10 Mass. R. 197; 20 Jo hns. Rep.,
196; 3 Yeates, R. 262; 1 Pet. Rep. 317; 12 Serg o & Rawle, 181; 1 Hard . Kent. Rep.
531; 1 Murphy, Rep . 138; 2 Id . 245 ; 4 Haywood's Term. R. 227; 2 Caines ' Rep . 48.
T he rul e of the civil la w was, that a fair price implied a warranty of titl e; Dig . 21, 2,
1; t his rule, has been adopted in Louisi ana ; Code, art. 247 7; an d in South
Caroli na . 1 Bay, R. 324; 2 Bay, R. 380 1 Const. R. 182; 2 Const. R. 353. Vide Ha rr.
Dig . Sale, II . 8 ; 12 Ea st, R. 452.
11.-3. In the contract of insu rance , the re are certa in wa rranties which are
inducements to the insurer to enter into it. A warranty of this ki nd is a stipulati on or
agreement on the part of the insured, in the nature of a cond ition prec edent. It
may be affirmative; as where the insured undertakes for the truth of some positive
allegation: as, that the thing insured is neutral property : or, it may be promissory ;
as, that the sh ip shall sail on or before a g iven day. 6 N. S. 53.
12. Warranties are also ex press or im plied. An ex pre ss warranty is a particu la r
sti pulati on introduced int o the w ri tten con t ract , by the agre em ent of the pa rties ; an
im plied warranty is an agreem ent wh ich necessari ly r esults from the nature of t he
con t ract : as, that the sh ip sha ll be sea worthy wh en sh e sai ls on the voyage insured .
13. The warranty being in the nature of a cond ition precedent, it is to be
perform ed by the insur ed, before he ca n demand t he perfor m ance of t he contra ct
on th e part of the insurer. Marsh . Inst. B. 1, c. 9 . See, gen erally, Bou v. Inst. Index ,
h .t. (Bouvier's 1856 6th Ed.)
Wholesale;
Se lling t o r et ail ers or jobbers r at her t han t o consu mer s. A sale in large quantity to
one w ho inten ds t o resell. A sale of goods by the piece or in large quantities .
(Black's 4t h)
Writ:
A precept in writing, couched in the form of a letter , runn ing in the name of the
ki n g, president, or state, issuin g from a court of j ustice, and sealed w ith its seal,
addressed to a sheriff or other office r of the law, or directly to th e person wh ose
action the co urt desires to comman d, eit her as t he commencement of a su it or
other proceeding or as incident al t o its progress, and requiring the pe rfo rm ance of a
specified act, or giving auth ori ty and co m m ission t o have it done.
A m andatory precept issuing from a co urt of justice. ( Black 's 4th )

REVISED ARTICLE 9
Summary of the Uniform Commercial Code
Revised Article 9
Last updated Wed nesday, November 20, 200 2
H. Bruce Bernstein
General Counsel.
Commercial Finance Association; and
Partner. Sidley & Aust in
For over eight years , Art icle 9 of the UCC has und ergone a comprehensive review, revrston and all-
around spruce up . The Article 9 Drafting Committee, which was established in 1992 jointly by the National
Conference of Comm issioners on Uniform State laws (NCCU SL) and the American Law Institute (All),
met fifteen times since 1993 (each session strelching over several da ys). CFA attended and active ly
participated in all but one of these sessions .
The Drafting C-ommittee considered and accepted virtually all of the important changes to Article 9 wh ic h
CFA requested be made in CFA's origi nal memoranda 10 the Article 9 Study Co mmittee in 1990 and
1991. Our suggested changes were few in number and were directed at simp lifying the filing
requi rements, enhanci ng the scope of Article 9 to cover currently ex cluded coll ateral Iypes (like deposit
accounts, which are excluded in all but a small handful of states), making Article 9 more inclusive for
factors, commercial paper conduits and other entities that purchase certain ca tegories of payment
inta ngibles in transact ions that are not now covered by the Code, clarifying priorities for holders of
purchase money security interests , elimi nating the confusion created by existing restrictions on traci ng
collateral proceeds after bankruptcy, and otherwise fine tuning a statute that has functioned beaut ifully
since the late 195Os'.
The drafting process has been completed; revised Art icle 9 (the "Revision") wa s approved by the ALI in
May of 1998 and by NCCU SL in July of 1998. The Revision, together w ith the Offici al Comments, is now
being submitted to the state leg islatures for enactment as soon as possible. As of October 1, 1999, the
Revision had been adopted in 7 states and introduced, but not yet enacted, in 15 oth er jurisdictions. See
En actment by States Will it be effective in any state this year? Will it be effect ive anywhere next year?
Quite simply - no. In order 10 reduce problems during the transition per iod while the Revision is being
adopted in some states and old Article 9 remains the law in others, the Revision provides for an effect ive
date of July 1, 2001. See Revis ion § 9-701 . This lengthy delay permits the Revision to lak e effect at the
same time in all the states that enact it before July 1, 2001. This is a good idea, and the states where the
Revision has been introduced and/or enacted have all accept ed the concept of a delayed effective date.
Unfortunatety for us old Article 9 junkies, the Revision reflects a substantial reorganization of Art icle 9 and
a re~umbering of most sections. To make it easier to use, however , the Re vision incorporates subsection
ca ptions and cross-reference tables. The changes made to existing Article 9 are quite numerous, but ,
except in a few specfc instances, they are not part icularly dra stic. For the most part, they moderniz e and
resolve ambigUities which appeared in the case law since 1972 , the last time Article 9 wa s
comprehensively revised. The general areas changed include (i) scope of coverage of Article g; (ii)
perfection by filing and by methods other than filing; (iii) choice of law ; (iv) priorities; and (v ) post-default
enforcement See generally Revision § 9-101, Official Comment #4 . W e'll add ress these areas one at
a time.
What will revised Article 9 cover that it doesn't cover today? Wh at types of collateral w ill be included that
~~ay ~re excluded? ~ost signifICantly for secured lenders, Art icle 9 will now apply to (i) sales of payment
tangibles and prorms so-y notes (only sales of accounts and chattel paper are includ ed today); See

Revision § 9- 109(a)(3) (ii) security interests in beatth-care insurance receivables (no interests in
insurance policies of any kind, except casualty insurance proceeds, are included today); See Rev is ion §
9-109(a)(1), (a)(3), (d)(8) (iii) security interests in deposit accounts as original collateral (w hich, as I
mentioned, are excluded today in all but a very few states); See Revision § 9-109(d)(13) and (iv)
security interests in commercial tort claims (which are not included loday). See Revision § 9~109(d)(12).
Also to be induded under Article 9's umbrella are non-possessory, statutory agricultural liens See
Revis ion §§ 9-102(a)(5); 9-109(a)(2) (some thought was given 10 including all statutory liens, but the idea
was later abandoned as being overly ambitious and possibty creating diffICUlt circularity of lien is sues ), all
forms of consignment, See Revision § 9--104(a)(4) certain claims against governmental units, See
Revision § 9_109(c)(2)-(3) and gua ranties and letter of credit paymenl rights that support the payment or
performance of other collateral such as a.ccounts a~d chattel paper. See Revision §§ 9-102(a)(77) ; 9·
102, Official Comment #5f, 9-308(d). Also Included will be embedded software, which w ill be deemed part
of the goods in which the software is embedded. See Revision §§ 9-102(a)(44) ; 9-109(a)(1) . If, however,
the software maintains its independent status, it will be treated as a general intangible. See Revi s ion § 9-
102(a)(42)_ Returning to deposit accounts as original collateral, inclusion will be limited to non-consumer
deposit accounts See Revision § 9-109(d)(12) and filing win be eliminated as a means of perfection . See
Revision § 9-312(b)(1). Instead , perfection wi ll be obtained only throu gh "control" over the deposit
account, a concept we'll review later when we take up the subject of perfection in more detail. See
Revision §§ 9-203(b)(3}(D}; 9-312(b)(1}.
With respect to commercial tort claims, a security interest wtIl not attach unless the tort claim exists See
Revision § 9--204(b)(2) and is specifically described in the security agreement. See Revision § 9~
10B(e)(1). (Specific description in the security ag reement will not, however, be necessary for other Iypes
of collateral - but more about that later.) Personal injury claims will continue to be excluded from Article 9
until they are settled and become contractual in nature, as with structured settlements. See Revision §§
9-109(d)(12) ; 9-109, Official Comment #15 . Once the injury daim is transformed into a contractual claim,
it can thereafter be scsd or pledged under Article 9 unless other state law prohibits the ass ignment. See
Revision §§ 9-109(a)(3); 9-109, Official Comment #15 .
let's go back to health-care receivables for a moment. Whal are they? The Revision defines them as
interests in or daims under a policy of insurance evidencing a right to the payment of money for providing
health-care goods ()( servces. See Revi sion § 9-102(a)(46). IncJuding health-care receivables in Article 9
will permit health-care providers 10 lump insurance receivables with other accounts in a single package
and fina nce the whole thing under Article g. See Revision § 9-109(a)(1), (3). This change wi ll also allow
healthcare providers to take assignments of insu rance claims from their patients and be perfected
automatically, without the need to file anything - a very helpful amendment. See Revision §§ 9-309(5);
9-309, Official Comment #5.
Let's briefly return to the sale of payment intangibles and promissory notes. How do you include sales of
them in Article 9 (which the entire securitization industry wants done to dear up some signiHcant "true
sale- issues in the legal opinions the rating agencies and accountan ts req uest), and not have such an
inclusion result in financing statements being required to be filed every time a lender sells a loan
participation (which is a payment intanglble)See Revision § 9-102(a) (61) to another lender? As we know,
to perfect a sale of accounts under the existing Code, a financing statement is required to be filed . See
Current § 9-302(1). The same is true with respect to chattel paper unless you take possession of the
paper. See Current §§ 9--302(1)(a); 9-305. Well, the solution proposed is really quite ingenious . First,
under the Revision the definition of "accounts" will be expa nded to incorporate virtually all rig hts to
payment except property constituting a "payment intangible," which is so narrowly drawn as 10 arguably
include onty interests in loans. See Revision § 9-102(a)(2), (61). Perfection of a sale of "accounts" (as
newly defined) wi" stilt require a filing, See Revision § 9-310(a) while perfection of a sale of payment
intangibles (and prom issory notes) will be automatic - no filing will be required . See Revision §§ 9-
309(3)-(4); 9-310(b)(2). This will allow the securitization industry file to perfect the sale of accounts and all
the intangibles surrounding the accounts tha t are sold to the SPVs and co nduits, while not placing a filing
burden on the loan participation market. II' s an ingenious resolution 10 a diffICult problem , and it should
work.

Enough about the expa nded scope of Artide 9. Let me now tou ch briefly on the attachment of the security
interest before we move on to perfection . Not much will change when it comes 10 attachment. You w ill still
need what you always needed - value going to the debtor, agreement of the debtor that the security
interest attach, and the debtor having lights in the colla teral. See Revision § g...203(b). What is new is
thai the security agreement will not need to be phys icalty signed by the debtor, nor will it hav e to ex ist on
paper. See Re vision §§ 9-102(a) (7) ; g...203(b)(3)(A) . It will, however, need to be something which you'l
hear often under the Revrsjon - namety an "authenticat ed record." A -record" is defined as "information
that is inscribed on a tang ible medium (i.e.• paper) or which is stored in an electronic or other med ium and
is retrievable in perceivable form." Rev ision § 9-1 02(aX69) (emphasis added). Examples of cu rr en t
tech nologies that would qu alify as a "record" include magnetic media, optical discs, digital voice mes sa ge
systems, electronic mail, aud io tapes and photographic media. See Revision § 9--102. Official Comment
#9a.
So that's a "record" - how is a record "authentica ted ?" If it's paper, it's physica lly signed . See Revision §
g...102(a)(7)(A). If irs some other form of record, the Rev ision provides mat it is authenticated when the
authenticator encrypts or similarly processes the record WIth the present intention of both identify ing the
authenticator and adopting or agreeing to the record . See Revision § g...102(a}(7) (B). The purpose of th is
expansion of existing Art icle gs concepts of a "writing" and of "signed" is obvious - new Article 9 is
intended to be medium neutral. The parties don't need paper. but they still need to demonstrate in some
discemab'e, retrievable torm , that they intend to take the action the record purports to evidence. The
RevtsK>ri merely reflects the reality of our time - people make agreements. initiate filings and otherwise
communicate in media other than paper, and the commercial laws that govern their actions should be
mocIemized to reflect that rea lity. See Revision § 9--102. Official Comment #9. More on electronic
records later. let's move now trom attachment to perfection.
How wiU a security interest which has attached {i.e ., that is enforceable against the debtor) be perfected
(i.e., be enforceable aga inst third parties, including bankruptcy lrustees )? Again, basic concepts' are not
changed, but some existing procedures are . In essence, there are still two ways to perfect - either by
filing a financing statement or by taking actual or constructive possession at the collateral. Rev ision § 9-
310. (Perfection in some lim ited instances can be automatic - like perfection of sales of payment
intangibles and security interests in supporting obl igations, but tor the most part. filing or "possession - wilt
stiD be necessary.) See i d. But where and what you file. and how you take possession are changed to
simplify the process. to reseve some current problems and to reflect modern techr"M:Mogy.
Fest - filing. What's new with UCC-l financing statements? Maybe the most signifICant change in the
formal requisites for a UCC-l (and maybe one of the most signifICant changes overall) is that the debtor' s
sagnature wi( no longer be requeed on the financing statement. See Revision § g...502(a) . Th is change is
intended to facilitate electronic f~ing . See Re vis ion § 9-502, Official Comment #3. Authorization for f iling
by the secured party will, in most cases, be contained in the security agreement. and authorization will be
automatic to the extent the collateral described in the UCC-l is coextensive with the collateral covered by
an otherwise authenticated security agreement. See Revision § g...S09(b). If the transaction involves the
pre-filing of UCC-1's, the secured party will have to obtain independent authorization. Un der the Revision
it will make no difference who actually makes the filing . All that is important is that the party making the
filing has been authorized to do so. See Revision §§ g...509; 9-510. The debtor's authorization is required
tor the filing of the initial flflancing statement and for any amendment that adds colla teral. See Revision §
9-509(a). Only the secured party's authorization is req uired for other amendments, like name and address
changes. See Revision § g...509(d)(1). If the secured party is required to term inate a filing (i.e., because
the secured debt is paid or because it never existed in the fltst place) and fails to do so, the debtor has
certain limited rights to do so. See Revision § 9-509{d)(2). (Thi s tight is restricted but wa s thought
~ to protect debtors against secured parties that had gon e out ot business and eqei nst radicals
Wl some parts of the country who flie UCC-l 's against public fig ures for personal or pol itical revenge.)
Other changes in formal requisites for the UCC-l indude the ability to use a super- generic d escr iption of
the coI~terai SUCh as "all assets of the debtor now owned and hereafter acq uired" , assuming of course
that .~IS description accurately describes the deal between the debtor and the secu red party . See
ReVISion §§ 9-108; 9-504(2). This represents a 180 degree change trom existing law applicable to

financing statement descriptions . But the use of generic descriptions does not extend to the security
agreement. which still must describe the collateral by item or type, and be even more precise when the
collateral is a commercial tort claim or the transaction involves a consumer and the collateral is consumer
goods or certain types of investment property. See Revis ion §§ 9-108(e) ; 9-203(b)(3}(A).
Before leaving the topic of fuing. you should also know that the Revision (Part 5) contains several new
provisions governing the operations of filing offICes, where it was felt that fding otteers have become too
independent in their ad option of so-called local rule s whic h sometimes res ulted in otherwise leg ally
sufficient filings be ing rej ected . The Revision se ts forth only a very few reasons for rejecting a filing such
as tendering an insufficient filing fee or communica ting the UCC - 1 or other record to the filing office by a
medium not authorized by the office. See Revision §§ 9-S16; 9-S20.
Filing offICeS will also be req uired to link all records received after the original filing (such as assignments
and continuation statements) to the initial financing statement they relate to. See Revision § 9-S19(c}-(e}.
Another change prohibits a filing offICe from dele ting a financing statement and related record s from the
flies no eartter" than one year after lapse and even then onty if a continuation statement hasn't been filed.
See Revision §§ 9-51S; 9-519(g}; 9-S22. This w ill help both to eliminate filing office discrehon and to
ease problems associated with mul tiple secured parties and multiple partial assignments. See Revision
§§ 9-519; 9-520. Finally, the Revision (i) provides for the promulgat ion of filing offJCe rules dealing w ith
ministerial deta ils best left out of the statute See Revision § 9-S26 and (ii) mandates period ic re ports that
shou ld lead to a harmonizing of the fil ing and search ru les throug hou t the United States . See Revision §
9-527.
So that's what's new with res pect to the formal req uisites of the UCC~ 1. Where you win be requ ired to file
the UCC-1 is a topic we'u ge t to in a moment after we briefly explore the second method of perlection,
whdl is possession. Eartier, when discussing deposit accounts as a category of original collateral
covered by the Revision. I stated that perfection was possible only through -control.- This is a concept
borrowed from revised Artid e 8 of the UCC dealing with investment property. Control, which is a form of
constructive possession. w ill now be imported into Artlcle 9 to deal not onty with investment property
(which was accomplished in the 1994 Revisions of Art lcle 9), See Revision § 9-106 but also with deposit
accounts. See Revision § 9-104 rights to payment under letters of credit. See Revision § 9-107 and
"electronic chattel pape r- (i.e. c hatt el paper that isn't on pa pe r).See Revision § 9-105. To perlect in a
deposit account, other than as proceeds of other collateral, the secured party must get the depository
bank's agreement to act on the secured party's instru ctions {i.e.• get a blocked account agreement),
become the bank's customer with res pect to the account or actually be the depository bank . See
Revision § 9-104 If you do get a typical blocked account agreement, however. you" know that you're
perfected in the bank account. See Revis ion § 9-104(a}. Control over rights to payment under UC's
occurs when the UC issuer consents to the assignment of proceeds. See Revision § 9-107. (As you
know, today you must take possession of the UC to perlect.) See Current §§ 9-304(1) ; 9-30S. The
Revision shifts from possession of the piece of paper to control over the proceeds. Control is only means
to perfect in deposit accounts and U C rights as ortginal co llateral. See Revision §§ 9-203(b}(3)(D}; 9-
J12(b)(1H2}. To the ex tent the UC supports payment of an account or payment intangible, if you're
perfected in the account or payment intangible. you 'll be perfected in the rights to payments under the
U C. See Revision § 9-J08(d}. Perfection in investment property will continue to be governed by the rules
(which include both filing and control) adopted as part of the 1994 amendments. See Revision §§ 9-106;
9-309(10)-(11); 9-310; 9-313(a}; 9-312; 9-314. Perfection in electronic chattel paper can be achieved
either by control (a specially defined control, in "hi-tech- terms, for this type of colla teral). ex by filing. See
Revision §§ 9-105; 9-310; 9-312; 9-314.
Fina lly, the Rev ision makes an important change in the perfection rules relating to the use of ba ilees.
Under current law, most decisions hold that a secu red party can perfect simply by giving notice to the
bailee that the secured party has a security interest in the property in the bailee's possession . See
Revision § 9-313, Offi cial Comment #4 (citing In re Atlantic Systems. Inc., 135 B.R. 463 (Bankr. S.D.N.Y .
1992)). Und er the Revision. however, the ba ilee must not only receive notice of the security inte res t, it
must also acknowledge. in an au thenticated record, that it is hold ing the coll ateral for the secured party's
benefit . See Revis ion § 9- 313(c). Unfortunatety. this revision will eliminate the handy 'bailee with notice"

device available today, but the change was thought necessary to better evi de nce the fact tha t the secured
party's control over the collateral was sufficient enough to constitute con struc tive possession . See
Revision § 9-313, Official Comment #4. The new rule isn't wonderful, but it is more logically consistent
with the Revision's concept of "co ntrol" than old § 9-305. We111earn to live with it.
So. depending upon the ty pe of collateral involved, you can file, you can take actual possession , or you
can obtain constructive possession (i.e. control ), or in some instances you can file and take possession;
but if you file, which , just like today, you will do most often, where do you file? In answering this question,
I believe 1will be tel ling you about the single most important of the Article 9 rev isions. It certainly is likely
to save you and your customers the most money.
Today, the choice of law rules governing perfection (the rules about where you file) for most col lateral.
tangible and intangible, look either to (i) the law of jurisd iction where the debtor is located or (ii) the law of
the jurisdiCtion where the collateral is located . See Current § 9-103. The jurisdiction of the debtor's
location currently governs the perfection of a security interest in accounts. general intangibles and goods
that typically move among different jurisd ictions , such as construction eq uipment. See Current § 9-
103(3). The debtor's location is also the proper place to file today if you elect to perfect against c hattel
pa per or investment property by filing instead of po ssession or control. See Current § 9-103(4), (6) . W ith
respect to most other types of c ollateral (like inventory and equipment) you must file where the collateral
is located, and th is can involve all 50 states in some transact ions. See Current § 9-103(1).
Under the Rev ision, however, the jurisdiction of deblor's location will apply for all types of collateral,
tang ible and intangible. See Revision § 9-301(1). In determining location, § 9-307 of the Revision
essentially follows existing law under § 9- 103, namely, location of debtor is the debtor 's place of bu siness
(or chief executive office, if the debtor has more tha n one place of business).See Revision § 9-307(b)(2)-
(3). But the new law contains three major exceptions . First, a "reqistered organization· such as a
corporation or llC, is deemed located in the state under whose law the debtor is organized (which, fo- a
corporation, will be the state of incorporation).See Revis ion § 9-307(e) . Second. an individual debtor is
located at his or her principal residence. See Revision § 9-307(b)(1). Third, there are special ru les for
determin'ng the location of reg istered organizations organized under the laws of the United States and for
foreign debtors doing business in the United States but otherwise organized under the laws of a
jurisdiction that doesn't have a public notice filing system for non-possessory security interests. See
Revision § 9-307(1) . These foreign debtors are deemed located in the District of Columbia. See Revis ion
§ ~307(c).
What aU this means is that, in most cases under the Revision, security interests in the assets of domestic
corpoIations which can be perfected by ruing , can be perfected with one filing in the sta te where the
debtor is incorporated or registered . Not so good for the search firms, but great for us!
One interesting dichotomy in the new choice of law regime is that whi le loca tion of debtor will frequently
govern place of filing. it w ill not govern priority , See Revision § 9-301 (3)(C) nor will it gov ern perfection of
possessory security interests. See Revision § 9·301(2) or agricultural liens. See Revision § 9-302.
Those topics will con tinue to be governed by the laws of jurisdiction where the collatera l is located at the
time of perfection, the same as under existing law. Add itional special cnoice-ot-law ru les, which are too
involv ed for this discussion, but wh ich don't make radical changes, will govern goods cov ered by
certifICates d title. See Revision § 9-303.
let me make some general observations abou t priority and proceeds before turning to enforcem ent. For
the most part. ex isting priority rules will not change. The long·standing rule (since 19 72 ), that the first
party to file a fina ncing statement or to otherwise perfect its security interest will have priority, continues.
~. ~.vi5ion § 9-322(a)(1). That said, there are still a number of important changes effected by the
evosxJO.
FW'S.t. as CFA requested back Wl 1991 . the rules with respect 10 purchase money security interests are
darified for non-consumer transactions. The new defi nition of a purchase money security interest makes it
absoiutefy dear that a secLWity interest may be both purchase money and non-purchase money at the
same time. (This is the so-called "ouel-status" approach.) See Revis ion § 9-103(1). In effect, the change

rejects the "transformation rule" under which a purchase money security interest was "transformed" into a
non-purchase money security interest (and , consequently, lost its special priority status under the VCC)
when there was no one-to-one correspondence between collateral and the debt which was incurred to
purchase or finance the purchase of thai collateral. See Revis io n § 9- 103, Official Comment #7. Th is is
an important change for floor plan financers who extend cred it to vendors in amounts greater than the
purchase price of floor planned goods. With "dual status". the security interest granted the floor plan
financer can be both purchase money (wi th super priorrty status for some of the debt) See Revi s ion §§ 9-
317(e) ; 9-3 24 and non-purchase money (subject to the regular first to file or perfect rules) for the balance
of the debt. This will greatly simplify inter-creditor negotiations and documentation, wh ich today are often
lengthy and costly. Next, the Revision provides a number of new rules with respect to deposit accounts
which have been patterned on the rules for investment property under Article 8. If a secured party has
control of the deposit account, its security interest will be senior to a security interest perfected in any
other manner (such as by filing, or even as proceeds of other coI1ateral).See Revision § 9-32 7(1) . If more
than one secured party has control of the same deposit account, priority ranks according to who obta ined
control first, See Revisio n § 9-327(2) unless one of the competing secured parties is the depository bank,
which will win unless the other secured party takes control of the deposit account by becoming the
depository bank's customer. See Revis ion § 9-327(3) -(4) or unless the depository bank has agreed to the
con trary . See Revision § 9-339. A nother very significant amendment affecting deposit accounts gives
priori ty to the offset righ ts of the depository bank over the security interest held by another secured party,
including an asset-based lender who cla ims the deposit accoun t as proceeds of its collateral. S ee
Revision § 9-340. Th is is a 180 degree change from exis ting law , but was necessary to get the Federal
Reserve on board with the amendments generally . The priority given to the offsetting bank can be
overcome by express agreement wi th the bank. See Revis ion § 9-339 or by having the competing
secured party put the account in its name, thereby becoming the bank's customer. See Revisio n §§ 9-
104(a)(3) ; 9-34O(c). Many lenders will find that they already have such provisions in the ir blocked account
agreements today.
Turning to letters of credit, control will also trump cerrectco by any other means. See Revision § 9-
329(1) . Remember, perfection in rights to payment under LlCs will be accomplished by co ntrol (i.e. by
obtaining the consent of the LlC issuer 10 the assignment of the LlC proceeds) See Revision § 9-107.
instead of physical possession of the LlC unless, of course. the Lie constitutes a supporting obligation for
an account receivable, in which case perfection is automatic if the security interest in Ihe underlying
obligation (be it an account or payment intangible) is perfected . See Revisio n § 9-308(d). But, again,
control will trump automatic perfection.
The priority rules for chattel paper wil l not change much . Different rules will apply depending upon
whether purchasers who give new value and take possession of, or obtain control over, the paper, do so
with the paper being merely proceeds of other collateral or as separately financed assets. See R evision
§ 9-330. (This is consistent with existing law under § 9-308) . Additionally, there are several new ru les
affecting priorities in chattel paper that deal with the role of knowledge, good faith and the effect of a
previous assignment which are too complicated to address at this lime. See id . Suffice it to say the new
rules are helpful and resolve some issu es long thought to be in need of clarification.
One note about proceeds before I conclude my remarks with a discussion on enforcement. The Revision
affects "proceeds" in two signifICant respects. First, the definition of proceeds is greatly expanded to
include distribuHons "on account or collateral such as cash or stock dividends from securities. Revision §
9-102(a)(64)(B) . (This overrules contrary cases such as Hastie v. FDIC, 2 F.3d 1042 (10th Gir.
1993)).See Re visio n § 9- 102, Offic ial Co m men t # 13a. Proceeds will also indude license revenues and
ctaims stemming from loss or non-conformity of, defects in, or damage to. collateral. including
infringement claims against third parties. See Revision § 9-102(a)(64). Finally , proceeds will include
collections on account of sup~ing ob ligations, such as guaranties and lights under LlCs. See Revision
§§ 9-102(a)(64)(B); 9-102, OffICial Comment #13b. All these expansions in the definition of proceeds
resolve in favor of the secured lender various ambiguities that have existed over the years which caused
secured lenders to be denied the benefit of col lateral they thought they had bargained for.
Turning to another maja improvement for the secured lend ing industry, the section of Article g that
RE DEMPTION MA NUAL FOURTH EDITION 642

prohibited the trao nq of cash proceeds into commingled bank accounls after the debtor's bankruptcy (i .e.
current § 9-306(4}(d)), and that otherwise gave rise to a number of frightening preference problems under
the Bankruptcy Code, will be eliminated . See Revision § 9-31 S(b)(2). This may seem like a small
improvement, but, believe me. it's major!
Finally, jet's look at enforcement The Revision makes a number of important changes in the law
governing debtor defautt and secured party enforcement. Let me focus on those I believe may be most
important.
First the Revision makes strict foreclosures (where the secured party retains collateral, instead of selling
collateral, to satisfy the debt) much more attractive for secured lenders. Under existing law, strict
foreclosure wa s thoughl 10 be unavailable if the lender either wanted to have the coll ateral satisfy a part,
rather than aU the debt. or the lender wanted 10 retai n intangible col lateral (like accounts ) rather than
tang ible colla teral (like equipm ent or inventory). Bot h of these lim itations on strict forecl osure have been
elimi nated by the Revis ion. See Revision § 9-620. And as a final blow to existing limits on strict
foredosure, the Revision makes it cl ear that (i) ju nior secured claiman ts are discharged by a senior's
retention of the collateral - an unlikely result under current law. See Revision § 9-612(a) and (ii) secured
parties who fail to exped itiously dispose of collateral after defautt will not be deemed to have foreclosed
on it. See Revision § 9-620(a)(1), (c) .
Next. in one fA the most sought after changes in Article 9, the Revision adopts the rebuttable presumption
rule for creditOr misbehavK>r during the foreclosure process, rather than absolute bar rul e. See Revi sion
§ 9-626{a}. This means that in non-consumer transactions, the secured party won·t lose its deficiency
claim simpty because one aspect of the foreclosure is found not to have been commercially reasonable.
Rather, the noncomplying secured party will be req uired to credit the debt with the greater of the net sales
proceeds received on foreclosure or the amount a cou rt later determines the secu red party would have
received if the forecl osu re had been conducted in a commercially reasona ble manner. See Revi sion § 9-
626(a}(3)-(4). Th is is a very importa nt clarification in the law.
Staying with defICiencies for a moment, the Revision contains a series of special new rul es for calculating
deficiencies and surpluses where the collateral is sold at foreclosure to the secu red party, to an affiliate of
the secured party. or to a secondary obligor (i .e. a guarantor). See Revision § 9-61S(t). Some members
of the Drafting Commrttee believed that sales to related parties could be more easily manipulated and
abused , and, consequently, needed protection above and beyond what the simple commercially
reasooabe standard provKied. See Re vision § 9-615, Official Co mm en t #6. So the drafters came up
with the following solution - ff the sale y;etds proceeds ·signiflCantly belOW' the range of proceeds" that a
complying disposition wouLd yield to an independent third party, then - even if the sale itsetf was
otherwise procedlxalty proper - the deficiency or surplus will be calculated based upon the amount of
proceeds that "WOUld have been realized in a commercially reasonable sate to an unrelated thi rd party .
See Revision § 9-615(f). Unfortunately, this change will either discourage secured parties from bidding at
their own foreclosure sales (particularly whe n the collateral is ha rd to value and , thus, will like ly generate
litigation), Of will prompt secured parties to obtain a ppraisals (maybe more tha n one) in each case where
they intend to bid. and the n place their bid at the middle or above the middle of the appraised value .
Personally, I didn't believe this change was necessa ry, but sev eral important representatives of ou r
industry did (evidently, because they have witnessed m ore rigged sales than I have). In any event, the
revision is there. and we'n have 10 conduct ourselves accordingly .
Finally. let me look at lhe notices that have to be given to th ird parties when foreclosing. Under current
law. notice of foredosure is required to be given only to those creditors from whom the foreclosing
secured party has received notice of an interest in the conateral and a desire to receive notice. See
Current § 9-5CU(J) . This provision was part of the 1972 revisions of Article 9 and it changed then ex isting
law. Well, we're changing back to the pre-1972 version of Artide 9 and requiring the foreclosing secured
party to condud: a lien search in the appropriate jurisdiction (which will be much easier when you file on
everything in one place) and to provide written notice to all secured parties of record whose financing
statements cover the conaterat being foreclosed on . See Revis ion §§ 9-611 (c)(3}; 9-621 . The Revision
sets out in detaa the contents of the notice and how fa r in advance of the sale notice must be sent. See
ReVision §§ 9-611 to 9-614. The Revision also contains a safe harbor if a tien search, wh ich is

conducted within a specified time prior to sale, fails to reveal a filing or if the search isn't completed within
a reasonable time. See Revision § 9-611 (e). But, at the end of the day, the secured party will st ill have to
search and notify other secured parties of record - something it doesn't have to do today unless a junior
secured party so requests .
There are other new rules (i) giving junior secured parties certain protections. (ii) differentiating the rights
of debtors, obligors and secondary obligors, (iii) limiting the ability of guarantors to waive certa in
suretyship defenses, See Revision §9-602. (i v) providing secured parties greater flexibility in collecting
receivabfes See Revision §9-607. and (v) differentiating consumer from non-consumer remed ies , but I
believe we covered enough for one day. SuffICe it to say. there is a lot to learn, but rm convinced that the
Revision WTU facilitate secured financing, reduce its cost. bring greater certainty to transactions covered
by Article 9 and provide greater protection to debtors and secured parties alike. These are desirable
results. and the Revision deserves our support.
- end.

COpy CERTIFICATION BY DOCUMENT CUSTODIAN:
Slate of )
) Scilicet
County of )
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~. hereby swear (or affirm )

Name of Cu stodian of Onglnal Oocumenl(s)
that the attached reproduction of:

Charge Back Cover Letter, Charge Back, Bill of Excha nge # 0761 399, Certified Copy of Birth
Certificate True and Correct Co py of UCC-1, 1040 ES. sent via DHL Tracking
#1 234 5678910, and DH l Tracking Summa ry
•• 1 is a TRUE , correct a nd complete photocopy of a document or documents in my

possession and I'm the custodian of said document or documents.
Stgnature of Cuslod ian of Origmal Document
SUBSCRIBED and SWORN (or affirm ed) to before rue o n this day of
_ _ __ _ __ _ _ _ _ 200 .
_ _ _ _ _ _ _ _ _ __ _ _ _ 5 001
Signature of Notary Public
NOTE: The area above that has the three li nes w ith all t he docu ments li sted, can be used
for any document or documents to be placed on t op , st apl ed, and sent out t o anybod y you
need to copy any document(s}... Notarized un der Copy Certi fic ation, wh ereby you are the
document custod ian!

REDEMPTION:
Salvat ion from t he states or circumst ances t hat destroy the valu e of human
existence or human ex istence it self . The word "redeemer" and it s r elat ed t erms
"redeem" and "redemption" appear in the Bible some 130 t imes and are derived
trom two Hebrew roots: pdh ... and g'L. . Thought used to describe div ine activity as
well , t hey ar ose in ordinary human affairs and it is in t his context in wh ich they
must fi rst be understood . Pdh is t he more ge neral of t he two, wi t h coqn at es ' of
related meaning in Ak kad ian, Arabic,and Ethiopic , It belongs to t he do ma in of
commercial law « and refers t o th e payment of an equivalent for what is r eleased o r
secured. The ve rb pdh, unlike g'l, indicat es noth ing about t he r elation of th e aggm;
to the object of red emption, wh ich in the Bible is always a person or anoth er liv ing
being. Its usage does not differ in cultic acti vity from that of a norma l co m mercia l
transaction . I n both cases a person or an an imal is re leased in r eturn f or money or
an acceptable replacement (ct . Ex 13:13; 34:20; Lev. 27:27 ; 1 Sam . 14:45 with
Ex . 2 1:7-8; Lev. 19: 20 ; Job 6:23 ). G'! is more rest ricted in usage an d does not
appear to have cognates in other Semitic languages. It is con nected w ith family law
and r eflects t he Israelite conception of the im porta nce of preserving t he soli darity
of t he clan. The go'el ("r edeemer") is t he ne xt of kin who acts to m ain ta in the
v it alit y of h is ext ended fam il y group by preventing any breach es from occurring in
it . Thus he acquires the ali enated property of his kinsman ( Lev . 25:2 5) or
purchases it when it is in danger of being lost to a stranger ( cf . Jer . 32 :6ff .) ....
Encyclopedia Judaica, 1972
I Cognate: A person or thing related in origin
Underline emphasis added.

Theodore Roosevelt-Jamestown
Exposition - April 26, 1907
We of this mighty western Republic have to grapple with

the dangers that spring from popular self-government tried
on a scale incomparably vaster than ever before in the
history of mankind, ... It behooves us to remember that
men can never escape being--9overned . Either they must
govern themselves or they must submit to being--9overned
by others. If from lawlessness or fickleness, from folly or
self-indulgence, they refuse to govern themselves , then
most assuredly in the end they will have to be governed
from the outside. They can prevent the need of
government from without only by showing that they
possess the power of government from within, a sovereign
can not make excuses for his failures; a sovereign must
accept the responsibilityJor the exercise of the power that
inheres in him , and where, as it is true in our Republic, the
people are sovereign , then the people must show a sober
understanding and a same and steadfast purpose if they
are to preserve that orderly liberty upon which as a
foundation every republic must rest.

LIST OF REDEMPTION BOOKS AND MATERIALS:
1. Redemption Companion - lays foundation to fundamentals, aspects and basic
of Redemption - $45.00
2. Cau se and th e Cure of the Raging War over America - Self explanatory-
describes the cause and the cure! $50.00
3. REDEMPTION - Cold Hard Facts - Advanced level - Continued education ! -

$100.00 On Sale... 4-1-05 - Now at $50.00 !!!
4. COMMERCIAL and DEBTOR-CREDITOR LAW - Selected Statues - Current

Reference on UCC - New Article 9 and MUCH MORE - Advanced level (it's a Must
Have Book!) - $65.00
5. Handbook Book on the Law of Mortgages - 1951- A book only found in the
hands of Attomeys who either can take your house or save your house...and so can
you! - $80.00
6. BANKERS HANDBOOK - The 'Bankers Bible' on all transactions between

Banks/bankers (YOU) and the UCC! - $85 .00
7. Bill of Exchange Act of 1882 - History on, and what it is - $15 .00
8. ADMINISTRATIVE CLAIM FOR DAMAGES (ACD ) - TORT - $30 .00
9. NEW - Advanced Designed SPC 10 Card - $50.00
10. The American 's Bullet in - 1 year Subscription - $40.00
Payment by Postal Money Order Only!

Sh ipping and handling IS included on All Books and Materials!
Send Order to:
The American's Bulletin

P.o. Box 3096 - Central Point, Oregon 97502
541 -779-7709

-
Uniform Commercial code
§ 10- 104, Laws Not Repealed .
{(1)] The Art icle on Documents of Title (Arti cle 7) does not repeal or modify laws prescribing
the form or contents of documents of title or the services or facilities to be afforded by ba ilees,
or otherwise regula ting bailees businesses in respect s not specifically dealt w ith herein: but the
fact that such laws are violated doe s not effect the Status of a document of title wh ich otherw ise
complies with the definition of title. (Section 1-201 ).
As amended in 1962 and 1994
Dyett V Turner, Warder, Utah State, 439 P 2nd 266 @ 267:
"Tbe United States Supreme Court. as at present constituted. has departed from the
Constitution as it been interpreted from its inception and has followed the urgings of social
reformers in foisting upon this Nation laws which even Congress could not constitutionally pass.
It has amended the Constitution in a manner unknown to the document its elf. While it takes
three fourths of the states of the Union to change the Constitution legally, yet as few a s five men
who have never been elected to office can by judicial fiat accomplish a change just as radica l as
could three fourths of the states of this Nation. As a result of the recent holdings of that Court.
the sovereig nty of the states is pra ctica lly abolished , and the erst wh ile free and ind ependent
state are now in effect and pUrpQse merely closely superv ised units in the fed eral system ."
REDEMPTION MANU AL FOURTH EDmON 649

Date _
RE: REQUEST FOR FIDUCIARY TAX ESTIMATE AND RETURN :
D ear .
Regarding your involvement In my commercial affairs of

_ _ _ _ _ __ _ _ _ _ _ _ __ _ _ _ __ _ _ _ , in regards to your presentment
(RequesUDemand for payment) please provide me with a copy of the Fiduciary Tax Estimate
a nd th e Fid uciary Tax Return covering this matter; since the account was accepted for value by
me and is EXEMPT FROM LEVY. tho ugh discharged, the same is pre-paid . Copies of the
Fiduciary Tax Estimate and Fiduciary Tax Return will help me to discover who is delinquent and
making other daims since this account is pre-paid and has exempt priority.
Please provide the information and release the Order/Property to me immediately. Until
then, I am
Sincerely
Without Prejudice
Authorized Representative, Attorney-In- Fact
.. ...................., Secured Party in behalf of ...DEBTOR

NAM E HERE© ..., Ens legis
C - Internal Revenue Service

- File

UCC-3 ACCE PTANCE LANGUAGE (SAMPLE) FOR
VEHIClE REGISTRATION
Th e followin g Property is accept ed fo r va lue , exem pt fro m levy, and he r ewit h
reg istered in t he Com merc ial Cha m be r and lien ed at a sum ce rta in
$ an d is th e privat e property (con veyan ce ) of the
Secu red Party as aut horized re presentati ve of th e Debtor and sa id prop erty
is not used in co m merce up on t he highways a nd is exem pt from t he State
MVD/ cod e registration sta t utes; 199 8 TOYOTA, Pick -u p, Mod el - Ta coma,
VIN # RT2DN58G01 4 59480 Color , Bearing License Pl ate
Number __
Note; the 'sum certain' is your ' value' of vehicle bei ng registed. am ended to your
filings. The same format can be used for Boat, Airplan e, Motorcycle, etc .
... and can be used for the other items, however, for other instrume nts, Torts, court
cases, your Dog, Horse, etc., you wou ld remove the wor d ' ( conveyance)' and ' and
said property is not used in com merce upon the hihwa ys and is exempt from the
Sta te MVD/code registration statutes',..
... and of course, any 'a ccounts' would not be ' uened at a sum certa in
$ '!
_.. use comm on sense!
Filing of the UCC-3 can be done to the UCC office by mail or

electronic filing into your primary pla ce of filing , i.e. , Wash ington
State @ : www.dol.wa .gov/unfc/uccfront.htm

APPENDIX NOTE ; You will notice that t her e is a sample form , filled out in the
name of " Benjamin Freedom Franklin." Read and review th e form . Follo w ing the
fo rm is generic copy of the form . It is not suggested that one co py any of the forms
out of th e book and 'fill-in' the blanks with pen, as it redu ces the professional
appearance of the forms. The 'Blank' forms are on the 'CD' to pull up on your
computer t o input your inform at ion to prepa re t he form for you process/filing.
Typewrit er u se on clea n copied forms is ok if t hat is al yo u have!
See the dat a sheet for the particular placement of the re quired inform at ion on each
document.
The securi t y agreement, in principl e, should be done fi rst , signed and notarized, as
it is th e fi rst ag ree ment betw een your debt or an d you.
The Power of Attorney and the Hold Harmless Agreement also needs to be
notarized.

The Ww ld Boo'; Encyclopedia, 2003 a t pa!:e 369
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have been found 10 be idC'nl icill to thoo\e or anoth.:r po:rson FilO l-prints fou nd at the:lC1tflC of a crime m:ay hel p ideTlli f~..
$U5pt"t"U. ~ially in hot .arns of th...... .>rid \Oh.,." I'r people otkn ~ ban: ('Il.lC.. FOOl:~t5 abo pro~ idc .. ITK"anS o f
identiflC3lion .. hen ftn~ lln Q/lnoc be obtotirn:d bc>;~ c r seeee burM Of' oCJa- injuria. M;Mly hospitals fOO(prinl
new bof!l inflnls fOf' ldcnh ficatiua ~I) aflC'r birth ;md lcqllM prines 011 fik W. fullft' reteeece .
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~ I. The fOOllpit-..c -.: takm (c.apnltaf) bef"re the babies kc:t hit lerq f~ 2. Upper P3ne1: The tak ing of the bat-)'
1~W't' ~ ~m.-".) ~ lIIC'lNced by a rq:i~ernl ~mt ofthr: turpor.uir.. BkI .... itno:s~ by the artmdina; physician.
3. Lo-~ P'aAd Mclmet ~ IOtIw; fraud ~ Mgn ing per the re gistrvion numlx-r of the ·pr~· noI lhe babies n:ame.
Ha let Ol lOo llboew:d by !hoe l~oW R epr hUrlaLi~e .

UCC/Redemption Process
by Barton Albert Buhtz
Investigative Journalist and Consumer Advocate
2004
Q U EST IONS:
1. Is a birth certificate in itself an instrument, a promi ssory note or other negotiable instrument of
commercial value?
2. Is the birth certificate on record at a county andlor with a state a contract giving the stale and
ultima tely the federal government control ove r all commercial aspects of the individual
repres ented thereon?
3. Does the filing of a Uniform Co mmercial Code (UGC) Financing Statement, Addendum and/or
Change StatemenVAmendment encompass all commercial. eMl and even criminal activity?
4. Does following the steps of the · UCClRedemplion Process" result in getting some value
through the Federal Government with out any value being given in return?; and
5. Is the · UCC Redemption Process" simply a ruse or trick that will only result in subsequent
retaliation by government agencies against those who file and participate in this process?
Most attorneys view the UCC from the perspective of litigat ion and adjudication. However, the
UCC is legislated (Administrative Law) that codifies the rules for all commercial transactions
between countries, states and individuals. The courts acknowledge they do not have the
authority or jurisdiction to amend, alter or nullify any of the Articles of the UCC. They ca n only
consi der ~g ray areas" such as: Who holds the priority positi on? The party that filed the UC C firs t
or the one who perfected first? The courts have add ressed and determine in specific situations
what can be considered a "fixture" as it relates to real property under the UCC.
When one files a UCC form and it is recorded by a state's UCC office, that filing becomes a
legal document of public record identifying the filer as the Secured Party. Hence no court can
lawfully rule on the fact or existence of the filing itself. That filing is a legal fact. The employees
of the UCC Department in each state are fiduciaries required to follow specific rul es aiid
procedures. If a UC C filing meets the specifica tions of those rules and proced ures the document
is to be recorded. There are minor variations in the UCC subsections from state to state and
even country to country, but the bulk of the commercial rules and procedures are universal and
uniform. Hence the designation Uniform Commercial Code.
UCC filing offices are located in each state of the union, in each of the territories and
protectorates of the U.S. as well as in many foreign cou ntries . Filing a UCC form is an
ad ministrative action that, when accepted and recorded by the UCC office , is stamped with a file
num ber, date, hour and eve n minute of filing . The UCC Financing Statement (UCC-I) details a
Secured Party 's status in any commercial transaction according to the Articles of the UCC as
well as various section of the United States Code dealing with "Property." Once a Secured
party 's UCC form has been filed it is a fact in public record that the re is a secured, vested
interest therein holding a superior claim and all other parties at interest who file thereafter must
acknowfedge, accept and respect the Secured Party's superior and prior position. Any changes
filed thereafter by the Secured Party can be accomplished by filing an Amendment (UCC-3)

refe rencing the original UCC filing . However, the facts are clear. The UCC deals with secured,
vested interest and/or possession, never title . Title is another subject altogether.
1. Is the Birth Certificate itself a commercial instrument, a Promissory Note or other negotiable
instrument of value?
The answer is an emphatic NO! However, the authorization to prepare a Certificate of Live Birth
is given in the form of an application signed by the parents and/or the doctor that is in form and
substance a commercial contract. A local or state birth certificate is simply evidence that a
comm ercial contract has been entered into making the newborn a wa rd of the "state." Within two
weeks and three days the Certificate of Live Birth "based on that applica tion is delivered and filed
in Wash ington , D.C. Furth ermore, it is a bon ded instrument. On the back of the docu ment is a
letter (A-N) followed by eight numbers. More recentl y issued Social Security Cards have a
similar bond serial number stamped on the back.
2. Is the Birth Certificate itself. originally prepared in the county of birth, a contract giving the
state control over all aspects of the individual represented thereon?
••
Again the answer is NO. A birth certificate is not a contract and has no value in and of itself
except as evidence that a Certificate of Live Birth does exist. That Certificate is on file in the
official recorcls in Washington. D.C. and stands as incontrovertible evidence that there is a
living. breathing man or woman whose existence has been registered with the state and with
certain federal agencies. Record s of foreign born are on file wi th a Certificate of Na turalization ,
Citizenship or other docum ent authorizing their residence here. Pub lic agencies designate the
name on the document as a "person." The value placed on the Certificate of Live Birth is based
on the ability of the "state" to tax the future assets of that "Deb tor.' A bond is taken out by the
Department of the Treasury and a bond # is stamped on the back of the Certificate of Live Birth .
Printouts of some Individual Master Files (IM F) reveal that bond to be about $650,000. One IRS
Master File I saw lists an IRS Treasury Bond in the amount of $742,500 that the individual
requester knew nothing about. However, all the profit generated by this investment between the
birth and the death of the living. breathing man or woman is kept by the "state."
1933 was a pivotal year for the United States government and the American people. History
reveals that it took only 20 years after 1913. the year the Federal Reserve Act was "approved"
by Congress for the United States (Corporate) to slip into debt and insolvency. The International
Bankers served Notice of this fact on the government. Between January and July of 1933 the
Roo sevett Administration and Congre ss responded. Exactl y how all this was orchestrated is too
lengthy to be add ressed here. but this fact is clear - since then the birth or naturalization record
for every U.S. Citizen is on file in the official record s in Washington, D.C. and the property and
assets of eve ry liVing U.S. Citizen is pledged as collateral for the National Debt. Information I
have received from various gove rnment agencies indicates the filed Certificate of Live Birth
documents themselves have specific instructions printed on the back stipulating by whom, to
whom and in what time frame the document is to be created and delivered. First to the County
Health Commissioner. fo'iowed by the Secretary of State and fina lly the Department of
Commerce though the fdes are not maintained in their offices. Within two weeks and three days
each Certificate of Live Birth is to be filed in D.C. Evidence reveals that there is even a Federal
Children Department established by the ShepherdfTownsend Act of 1922 unde r the Department
of Commerce that appears to be involved in this process in some way.
I have seen IMFs that list commercial activity in the $-billions assigned 10 individuals making

around $50,000 per year! The government is using their name and assets to trade in drugs,
crude oil and other commodities. This is just another example in evidence that all property, rea l
and personal of every living American, is committed by Congress to back the Nat io nal Debt. In
1933 Congress turned over co ntrol of all the post offices in D.C. to the Secretary of the
Treasury. Why?
Th at is how the money co mes in especially around April 15! Read the 1933 Congressiona l
record you will realize that the office of the Secretary of the Treasury is actually the keeper in
the financia l office of the United States (Corpo rate) to control the flow of all income to the U.S.
so tha t the Creditor, the bankers wh o own the Federal Reserve, will receive their money . The
salary of the Secretary, John W . Snow, is paid by the International Monetary Fund. "He w ho
pays the piper calls the tune ."
According to government sources , well over twenty-five million UCC financing statements have
been filed with UCC offices in many states . Corres ponding commercial paperwork has been
sent to the Secretary of the Treasury. These facts have been compiled through information
obtained from the CID of the IRS, FBI, Secret Service, Justice Department, the Department of
the Treasury and the Secretary of State. By their own admission not one properly filed UC C
form has been rejected or crim inally prosecuted.
However, the revised UCC Articles , especially IX (effective July 1, 2001) imply that the UCC
Fina ncing Statement of the Secu red Party applicant must be filed in the birth state or UCC
Region. That record ed filing must the n be included with a Cha rge-Back Instruction Notice, a
1040 ES form and a birth certificate with the Secretary of the Treasury. The Secretary is the
other Party at Interest. Third ly, the Secured Party needs to file a UCC Financing Statement and
Addendum with the UCC office in the "resident" state to protect assets there.
Employees at the Department of the Treasury and the Ana lysis and Control Division of the IRS
where the files are kept make it clear the birth certificate ha s no commercial va lue. However,
government agents acknowledge that the Certificates of Live Birth do exist and are on file .
Some have even admitted that the Application for the Birth Certificate does have commercial
value based on the ability of government to tax the future earnings of the person represented by
those documents. However, the appl ications are not on file in D.C. Research ind icates they may
well be either in Puerto Rico or Switzerland.
The states, protectorates and D.C. have formed a National UCC Administration. They have
partitioned the United Sta tes into six UCC Regions. If one UCC office withi n tha t regio n is not
willi ng to accept for filing a properly wo rded UCC Financing Statement another UCC in that
region will. One can record a regional filing in a UCC region state that is the same as filing in
their birth state. If one is born outside the U.S., but is authorized to live here and hold a Social
Security card, they can file the UCC form in the state or region where they resided when the y
received such authorization.
Specifically, research reveals that the UCC and other required paperwork filed with the birth
state or region is logged in at themailroom- 1500PennsylvaniaNW.Washington .D.C.This is
the add ress of legal service for the Secretary of the Treasury. According to LaT anya Y. Wilson
all UCC and Bill of Exchange documents are rou ted to the IRS - Room 1120, 1111 Constitution
"'-"e - NW, Washi~ton , D.C. 20224 under the administration of Felix Zech. Th is is the Analysis
and Control Division of the IRS . These documents are scrutinized by the Secret Service , the FBI
and Justice Departm ent. Dolores Douglas at the Analysis and Control Division has sta ted that

these are des ignated as " UCC Contract Trusts."
The UCC Contract T rusts are distinct and separate from Direct Treasury A ccounts used
exclusively for trading in Treasury Bonds that are administered by the Bureau of Public Debt. I
have learned that many of the UCC and Bill of Ex change documents received at 15 00
Pennsylvania Ave NW are misdire cted to the BPD . One m ajor error is that many filers re fere nce
a Treasury Direct or Direct Treasury account in their documents.
At the Analysis and Control Division of the IRS Build ing in D.C. UCC Contract Trusts are
processed and the paperwork i~ t~en ~oute~ to one of two I ~S Centers. For east of the
Mississippi they are routed to Cincinnati. Ohio. West of the River the y are sent to Fre sn o.
California. I have since learned tha t Notices discha rgi ng IRS claims east of the Mississipp i are
also to be sent to Joseph Kehoe - CS B/S PF o f the IRS in D.C. West of the River they are to be
sent to Gary Sterr - W RM /S PF - Seattle, Washington.
Current reports indicate the UCC files and paperwork is scrutinized by the Secret Service. the
Ju stice Department, FB I, routed to the CtD. then to the IRS Technica l Support Division (T SO) in
the state from where the Secured Party initiated the discharge. A December 2002 memo from
LaTanya Wilson note s that copies of these docume nts are also forwarded to Je an ean West at
the Department of Justice, Ta x Division in D.C.
Here are some important details regarding the administration and function of the T SD:
a. Almost every financial institution connected with the Federal Reserve System ha s in its
register or has contracted access to an IRS account known as a Treasury Ta x and Loan
account (TTL).
b. The TTL account in each fin ancial institution is administered from the TSD office located in
most state offices of the IRS. A s a res ult of IRS internal reorganization the Techn ica l S upport
Manager (TSM) in each State Divisional Office of the IRS has been assigned the authority
formerty assigned to the District Director.
c. When a ~NOT I C E of l evyllien is presented to any financial institution by the IRS (us ually by
fax) the financial institution usually respo nds routine ly by mak ing a simp le entry in their
computer transferring the asset from the depositor 's account to the IRS TTL account. TH E
ASSET DOES NOT PHY SICALLY LEAVE TH EIR O FFICE. A few financial institutions do not
have TIL accounts. They place a 21 da y hold on the funds and then forward the am ount
demanded daectly to the IRS .
d . When a "Release of Levy/l.ien" is issued by the IRS the financial institution makes an entry in
the computer and transfers funds from the TIL account to the depositor's account if applica ble .
A property prepa red and filed UCC form on file w ith the ba nk can be an administrative
preventative action a Secured Party can take to document prior. superior claim to those a ssets
on deposit. See United Tobacco Warehouse vs . Wells ( 197 3) and Diversified Metal Products vs.
T-Bow Company Trust. IRS , et at (1 993). Some banks w ill not accept UCC documents. Deposit
the funds in a financial institution that will.
Dischar~ing claims in the pub lic sector and with the IRS through the UCC Contract Trust can be
a~mplished by the Secured Party with presentment of Bonded Registered Bill of Exchange
directly to the Secretary of the Treasury. When an asse ssment (daim) is made by the IRS, a
federal or state taxing agency, the cla im can be stamped "Accepted For Value" by the Secured
This. a~ ~nt via Certified (or Registered ) Mail to the Secretary of the Trea sury for discharge.
IS action IS documented and authorized through Public Policy HJR·1 92, Title IV , Sec. 401 of

the Federal Reserve Act. the Suprem e Cou rt's co nfirmation in Guaranty Trust of New York vs.
Henwood, et el ( 1939) and Pub lic Law 73-10. Such action is fu rther confirmed in USC Ti tle XII,
Title XXVIII, Sec. 1641, 3002 and the Foreign Sovereign Immunity Act.
Regarding the alleged commercial value of the birth certificate the following facts are clear:
• Hundreds of thousa nd s birth certificates referenced in UCC Fina ncing Statements have been
filed and stamped by numerous state UCC filing office s. Under the revi sed Article (Chapte r) IX
of the uce (July 1, 2001) such filers had until June 30, 2002 to re file the UCC- 1 w ith their birth
sta te. By referencing their original fil ing they could protect the earlier filing date that, then, w ould
be filed with the Secretary of the Treasury. Failure to do so , however, by July 1, 2002 w ou ld
result in losing their original filing d at e and their sta tus as the Secured Party with the Secretary
of the Trea sury.
• The Department of the Treasury acknowledges that UCC filings by millions of Secured Pa rtie s
have been routed to the Analysis and Control Division of the IRS in D.C. Not one, to m y
knowledge has been criminally prosecuted . We have been told that many are in lim bo because
the files are not complete .
• Thousands of disch arge docu ments have been presen ted to the Secretary of the Trea sury,
routed to the Analysis and Control Division of the IRS for processing and not one has been
criminally prosecuted .
All of the foregoing reveals that those who have property filed uee documents In the
Redemption Process have not comm itted any crime according to the Department of the
Treasury, the Secret Service, the Department of Ju stice and the IRS.
3. Does the filing of UCC Fina nc ing statements and Change/Amendments encompa ss all
commercial , civil and even criminal actions?
According to numerous government sources all commercia l tra nsa ctions in the U .S , and many
other countries co me under the Legislated (Administrative) Law known as the Uniform
Commercial Code. These transactions all become "bonded- w hen they are processed through
the Federal Reserve System and/or the Department of the Treasury. The courts d o claim
jurisdiction for commercial transactions that appear crimi nal. The UCC Articles themselve s are
Administrative Law and not subject to the jurisdiction of the courts and litigation.
Over the past number of years I have had contact with those who have stated they ha ve
received proof from Department of Co m merce d ocuments that their Certificate s o f Live Birth are
being used as commercial instruments. A detailed investigation by Carl Erickson ha s revealed
some sta rtling facts in this regard. When the Application and Certificate of Live Birth arrives at
the Department of the Trea sury in Washington, D.C. the Certificate is bonded, an account is set
up with what we know as the Social Security Number, funds are borrowed. The paper credit is
inv es ted in stocks and bonds. Accord ing to the Bureau of Engraving even Federal Re serv e
Notes are printed bearing the Bond Number that is assigned to and stamped on the back of
ea ch Certifica te of Live Birth. The Bond Number con sists of a letter (A-NO follow ed by eight
numbers. A simi lar combination is now routinel y printed on the ba ck of Social Securi ty Cards .
The fact is that the very existence o f every living , breathing man or woman in the seve ral states
is bonded and used for the commercial activities of the United States (Corporate) now in
receivership.
Those who properly file in their birth stat e or UCC Region establish the distinct and
s ep arate id entity of the Secured Party apart from the Debtor (Straw m an). Presenting that
fi li n g along w ith the Instruction Order (Chargebac k), the IRS 1040 ES form, t h e AFV

stamped birth certificate notifie s th e Secretary of the Treasury that the Se cured Party is
now establ ished w ith a prior, su perior claim on all ass ets and liabilities of the Debtor.
The lia bilities can then be prese nted to t he Secretary for processing and discharge
through t he UCC Contract Trust.
An increasing number of states now accept the UCC Financing Statement and Addendum. To
my knowledge not one state has prosecuted any such filing as unlawful, illegal or criminal. Many
states are still digesting the revised UCC Cod e (July 1, 2001) and many counties still do not
have provision for perfecting the UCC filing under Article 9-333(a} as a Possessory lien. The
inclusion of 9-333{a ) is the first time a form of lien by name has been included in the UCC.
4. Is following the Redem ption Process simply an attempt to get something for nothing through
the Secretary of the Treasury?
In June 1933 the International Bankers, owners of the Federal Reserve, essentially took con trol
of all private and real property with the consent of Congress and Executive Orders of the
President. Establishing status as the Secured Party for the entity represented by the Certificate
of Live Birth does not cons titute getting "somethinq for nothing: These procedures set up by the
government were put in place so that the Secured Party could reclaim a part of what is rightfUlly
the irs under the U.S. Constitution . Congress made provision beginning in the early 1900s for
every minor to reinstate their status as an American under the U.S. Constitution when they
became of age. You were a minor when the original contract (App lication) was entered into by
you r parents. These provisions we re scattered throughout various leqisla trve acts, joint
resolutions and executive orders, many in 1933, as well as in the Cong ressional Record based
on Public Policy HJR-192, codified in Public Law 73-10 and confirmed by the U.S. Supreme
Court in 1939. See Guarantee Trust of New York v. Henwood . et al (FN3). By these placemen t
actions the Admin istration and Congress basica lly kept the details obscured so no one could
readily avail himself of such rem edy. Very few were even aware such procedures existed until
fairly recentl y. The UCC filing with the birthlUCC Regional, the Secretary of the Treasury and
resident state is an essential part of the Redemption Process. The IMF through their
representative, the Secretary of the Treasury, with the use of the Federal Reserve and
rollection activity of the IRS virtually controls all assets of every U.S. Citizen. With the
UCCIRedemption the Secured Party establishes the right to begin reversing that absolute
control over the Debtor (S trawman). The Secured Party establishes level ground with the
Secretary of the Treasury taking back a measure of control of those assets.
However. UCC filings, property prepared and correctly filed . go much further in protecting the
prope rty and interests of the Secured Party. Such filings can clearly secure lega l ves ted interes t
control of the Secured Party without the complex jurisdictio n of the courts and apart from the
arena of controversy.
5. Is. th~ Redemption Proce ss (Plan) simply a "get rich quick" ruse or trick that will only resu lt in
reta habon by the government aga inst those who follow it?
Tbe ~eured Party under the UCCIRedemption Process does not hold the actual Application for
a CertifIcate of live Birth. Therefore . the process can only be used as an "Accepted For Value"
~ponse to a commercial claim . A written, contracted, acknowledged claim received by the
bter (Slrawman) can be Accepted For Value by the Secured Party and discharged when
property p~esented through the Secretary of the Treasury to the UCC Contract Trust on file with
the Ana lYSIS and Control Division of the IRS. Unfortuna tely , many have attempted to circumvent

or distort this fact on ly to find law enforcement and the cou rts more than willing to enforce and
adjudicate. IRS-CID and FBI are often quick to use their intimidation and threat to unlawfully
discourage what the courts of law only should handle.
Employees at the Depa rtment of the Treasury make it clear they do not accept or act upon
faxed orders , telephoned or wired instructions . Hard copy, origina l in-signature forms and
documents must be presented via Ce rtified (or registered) mail as filed with both the state and
the Secretary of the Treasury. In 2002, before his resignation , Mr. Paul H. O'Neill made it clear
to a Senator from Arkansas that when he is awa re of and receives Bill of Excha nge documents,
he holds them, thus honoring them.
The IRS has recentl y increased its unlawful use of threats and intimidation with the he lp of the
FB I to discourage and stop the presentment of all Bill of Exchange documents by the Secured
party to the Secretary. However, properly prepared and presented negotiable instru ments from
a leg itimate Secured Party can be lawfully and legally pro cessed through local financial
institutions by the claimant through the Secretary of the T reasury and ledqered by the fina ncial
institution through the Treasury Ta x and Loan (TTL) acco unt. Howeve r, certa in employees at
the Department of the Treasury persis t in misrouting many of the document s presented by a
Secu red Party to the Secretary of the Treasury by labeling them as Treasu ry Securities (which
they are not) then sending the m to the Bureau of Public Debt ins tea d of to th e Analysis and
Control Division of the IRS and the UC C Contract Trust.
As fa r as I have bee n able to dete rmine discharge of claims in the public sector, federa l and
state, initiated by the IRS are discharged with a simple ledger entry and computer transfer for
credit and debit through the IRS Technical Support Division . Furt her confirma tio n regardi ng this
process has come from the Special Proce dure Hand ling Offices of the IRS.
******************************************************

This is not the END
Things are still evolving!
This is merely the heginning. You've been tbrougb the Rabbit holes,
You're coming out of the Matrix...
The path is now before you ...
Secured Party Creditor, private banker, sovereign
king and priest!
By faith, take one step at a time!
Oon't change the World, but cbange yourself!
FREE YOUR MIND!
Understand the Commercial Scheme!
Operate as the Creditor - take responsibility ...
Aecept for lIonor & Value and Diseharge the debt/liability by agreement!
Bring Peace... not war to the world
... and your posterity will live free!

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13. All computers, computer-related equipment and accessories..

electronically stored files or

16. All books and records of DEBTOR;

18. All scholastic degrees, diplomas, honors, awards, meritorious citations;

REDEMPTION MANUAL FOURTH EDITION 4.2 302

REDEMPTION MANUAL FOURTH EDITION 4.2 303

40. All signatures and seals;

44. All library cards;

46 . All credit of DEBTOR;

47. All traffic citations/tickets;

48. All parking citations/tickets;

REDEMPTION MANUAL FOURTH EDITION 4.2 304

REDEMPTION MANUAL FOURTH EDITION 4.2 305

75. The Will of DEBTOR;

76. All inheritances gotten or to be gotten;

REDEMPTION MANUAL FOURTH EDITION 4.2 306

8 1. All telephone numbers;

The following shall constitute the events of default hereunder:

I. Failure by DEBTOR to pay any debt secured hereb y when due;

REDEMPTION MANUAL FOURTH EDITION 4.2 307

NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT

Appli cable to all Successors and Assigns

BENJAMIN FREEDOM FRANKLIN, DEBTOR [13J

The Benjamin Freed om Franklin, Secured Party (14J

County of Jackson [15) )

= :-:c:= = :-::-- - - - - - -- - Seal :

My Comm iss ion Expires _

REDEMPTION MANUAL FOURTH EDITION 4.2 308

Item: Data: (Exa m ple)

It I Date S.A. is created and signed October 10, 2004

12] Debtor/Straw-man Name BENJAMIN FREEDOM FRANKLIN

(3) Secured Part)' C red ito r Benjamin Freedom Franklin

14] Debtor's Name & Address BENJAMIN FREEDOM FRANKLIN

IS] UCC Contract Trust AccountlSS# 101-88-1 776

16] Secured Part)' Name & Address Benjamin Freedom Franklin

17] Footer - S.A . identifier # 8011717061776-BBF

[8] Secured Part)' Name Benjamin Freedom Franklin

[91 Debtnr/Straw-man Name BENJAMIN FREEDOM FRANKLIN

[10] Secured Party C red ito r Benjamin Freedom Franklin

[111 Debtor/Straw-man Name BENJAMIN FREEDOM FRANKLIN

[12J Bill of Exchange # 6111676233

[13) Debtor/Straw-man Name BENJAMIN FREEDO~I FRANKLIN

REDEMPTION MANUAL FOURTH EDITION 4.2 309

[16J Name of State Confusion example> Oregan

1171 Date of SA. Notarized October 10, 2004

REDEMPTION MANUAL FOURTH EDITION 4.2 310

Social Security Account NumberlOl-88-1776 (5]

Secured Party (61

NOW, THEREFORE, the Parti es agree as follows:

REDEMPTION MANUAL FOURTH EDITION 4.2 311

3. Voluntarily enters DEBTOR in the Commercial Registry;

PUBLI C LAWFUL NOTICE

3. DEBTOR is the transmitting utility, and unincorporated, proprietary trademark o f the

Know all men hy these presents, that DEBTOR, [9[, establishes

REDEMPTION MANUAL FOURTH EDITION 4.2 312

REDEMPTION MANUAL FOURTH EDITION 4.2 313

2. All rents, wages, and income;

3. All land, mineral, water, and air rights;

4. All cottages, cabins, houses, and buildings;

6. All inventory in any source;