:Law:

:::alpha:::

:::Banner of the Sacre-Coeur
of our Brother: King
of these Kings in his Kingdom
on his Earth in his Heavens,
as our Judge & Redeemer:::

:::Our Father,
who art in Heaven,
Holy be thy name:
Thy Kingdom Come:::

:Abatement:

:::sophia:::

:::Stamp against all evil
by our Virgin-Mother: Queen,
Coredemptrix and
Mediatrix of all Graces,
as our Counselor & Advocate:::

"Abatement is ordinarily a matter of right" Simmons v. Superior Court (1943), 96 C.A. 2d 119, 214 P. 2d 844 .

"Abatement at law is the overthrow or destruction of a pending action apart from the cause of action; in equity the suspension of the proceedings . The term 'abatement' is used, with reference to pending actions or suits, to designate the result upon a suit or action, of defects which vitiate the propriety of the suit as brought, in contradistinction to the existence or the statement of a cause of action; it looks to their effect; and consequently it is ordinarily defined descriptively in terms of the effect produced, so that the extending equitable doctrines to all suits or actions is spoken of ." 1 C.J.S. Abatement , 1a, p. 27 , quoted in Burnand v. Irigoyen (1943), 56 C.A. 2d 624, 629.

Facts stated in Common Law Abatements show the defects in the 'Plaintiff's' process and ability to bring suit. The Handbook of Common Law Pleading, by Benjamin Shipman, Third Edition by Henry Winthrop Ballentine, West Publishing Co., St. Paul, Minnesota (1923) says at page 29:

"There are certain preliminary objections to the maintenance of the suit, which do not attack the core or merits of the plaintiff's case. These formal defects are waived, unless they are raised by the defendant at the first opportunity. These were known in common law pleading as matters of abatement and suspension, and were raised by the so-called "dilatory pleas", since they tend merely to delay or put off the particular suit, by questioning the method in which it is pursued, rather than by disputing the very cause of the suit or right to relief in proper form. Dilatory pleas are to the jurisdiction of the court, alleging that it has no cognizance of the subject-matter; to the disability of the plaintiff, by reason of which he is incapable to commence or continue the suit".

At Law, a Plea in Abatement has the common law character to suspend a suit until the plaintiff can correct errors in his original process. If the errors are corrected in response to the abatement, the plaintiff's suit continues. In nearly every matter, the plaintiff has not responded in any manner to the abatement and did not correct the factual errors brought up by the abatement, which was primarily the fact of mistaken identity of the original purported Defendant, a misnomer.

Abatement.
In actions at law, an abatement is an overthrow of an action caused by the defendant's pleading some matter of fact tending to impeach the correctness of the writ or declaration, which defeats the action for the present, but does not debar the plaintiff from recommencing it in a better way.
Abatements are of two types, statutory and non-statutory. Statutory abatements are merely a statutory implementation of the common law non-statutory plea in abatement.
Non-statutory abatements rely on immemorial custom and usage to their authority, and not on any statutory authority by a legislature.
But, if issued against military powers and their courts in civil and administrative cases the abatement has the effect of suspending all proceedings in a suit because the military powers have no standing to answer.
Black's Law Dictionary , 3rd Edition (1933), pages 7 to 8.

There are two types of abatements depending on the venue: The first is at-Law; The second is a bill in equity. A bill in equity is only heard in chancery, a statutorily created Administrative court. Such a court established in statute cannot go beyond the venue of the statute that created it. This also means that a court sitting in equity does not have the power to abate any thing unless that power is found in statute. There are no longer any known statutes in any of the States concerning abatements. If a Non-Statutory Plea in Abatement - a common Christian Law Abatement - is filed with the Court by statute, the Abatement becomes a nullity for the reason that a statutorily created court cannot wander outside its lex fori. If the same is served by process, it remains outside of the statute venue and does not lie upon statute for recognition. Rather, such abatement lies within the Right and Power to issue the process in God's venue, a superior jurisdiction to the statute jurisdiction.
A statute court - and a party therein by appearance - cannot impeach their own record and cannot plead the 'truth' of two opposing records. Either one or the other is true, but not both at the same time. However, A Non-Statutory Plea in Abatement served to a statutorily created Military Court has the power and effect of suspending all proceedings.

A Christian is vested with God's Right and Power to serve process in His name because the Christian is made in His image and likeness through Repentance to Christ, sealed by His Holy Spirit. It is the Seal of His Spirit that authorizes a Christian to act in this mode and character. The Christian and God have a Covenant under pure and perfect Seal.

"At common law and in those jurisdictions where the common law effect of a seal is still recognized, it is well settled that authority to execute a sealed instrument [i.e. a Non-Statutory Plea in Abatement] can be conferred only by an instrument of equal dignity or solemnity; i.e. , by a contract under seal. Van Ostrand v. Reed , 1 Wend. (N.Y.) 424, 19 Am. Dec. 529; Story on Agency , 9th Ed., secs. 49, 242, and 252." Rotwein, Law of Agency (1949), p. 21.

CHARACTER. The possession by a person [Christian] of certain qualities of mind or morals, distinguishing him from all others [non-Christians]". Bouvier's Law Dictionary (1914), p. 457.

As a result of due process and proper service by Law of this Non-Statutory Plea in Abatement, the original Plaintiff becomes the Defendant in a new action, while the original Defendant becomes the Demandant [Claimant] in the common Christian Law, not to be confused or adjoined with the exclusive statutory term 'Plaintiff'. In most instances, the issue of 'want of proper parties' is shown, which has the effect of process at-Law and suspends all proceedings in the suit, from the want of proper parties capable of proceeding therein. Ibid., under "Chancery Practice", page 8 . It is impossible for someone to file a suit in one jurisdiction to try and reach a purported defendant in another jurisdiction.

When a Christian uses Lawful process against martial powers, He represents the de jure state [as opposed to the present de facto government of State] who is: lawfully entitled to recognition and supremacy in the administration of the state, but which is actually cut off from power and control. Austin's Jurisprudence, page 324.

A Party in a superior position cannot be sued by one in an inferior position in Law. Standing in and upon the mode and character of a Good and Lawful Christian, the Abatement Demandant acts within the jurisdiction of the common Christian Law, a superior jurisdiction and venue to that of the original Plaintiff's venue which is and has been under Emergency Powers, Military Law (Martial Law and Tribunals), The Law of War and -or- International and Municipal Law since 1863. The Rule of Law is that those parties, such as the original Plaintiff in this matter, under The Law of War cannot answer processes at-Law, which is the jurisdiction of the Abatement Demandant. All 'statute' military Law of War founded Courts recognize the existence and power of Christian common Law, but can do nothing about it as this is not within their jurisdiction as an inferior Court, and an inferior court cannot over-rule a superior one, even in the Law of War.

These are statements within the Abatement that list the formal defects or fatal errors in the original Plaintiff's suit or process, which the Abatement Defendant must correct if he wishes to continue his original suit. Fatal errors that may be stated in this section include: misnomer, misjoinder of causes of action, misjoinder, and misjoinder of parties. Ibid., Common Law Pleading , page 29.

A plea in abatement is not a plea in bar, but out of bar (somewhat in theory, not Law, to that of an Administrative or Military Law Court "Special Appearance"). A court cannot hear and judge any matters (those out of bar) that have not yet come under that court's authority. For a Christian Non-Statutory Plea in Abatement to come under the Military Law Court's authority, all preliminary matters, such as errors in the original process (in this instance, those matters marked in the Abatement) must have been resolved, or the original Plaintiff fails to properly bring his case to the Abatement Demandant or to the Court itself. Subsequently, there is no case and nothing for the court to hear. The case exists only for the reason that the original Plaintiff served process on another party, but, the original Plaintiff cannot put the case in bar unless his process complies with his own Court rules.

First of many rules is that the original Plaintiff's process must have no errors in it. Errors constitute defective process and are sufficient cause for a purported Defendant to issue an abatement. A misnomer is a fatal error in any suit in equity or at common law.

An exception to this is if some act by the original Abatement Respondent brings him in bar, such as not answering the original Plaintiff's process, by demurring, or making an appearance to the jurisdiction of the Plaintiff's court. Any appearance, including a statutory 'special appearance', places the party before the court in order to participate in the action. An abatement is not an appearance in bar. In most matters, the purported Defendant has not appeared in any manner to the Plaintiff's Court.

A flesh and blood Christian Man or Woman is not a fictional persona. The Christian is created by God and God alone. He has a substance by and through His Creator, whereby a persona has no substance or foundation other than man's legalism. A persona is a 'person' of created fiction with no true foundation of existence and can even be a corporation. A persona is created by the issuance of a Tax I. D. Number, a Social Security number, a Driver's License, or any other fictional 'benefit' or 'privilege' of its creator, the State.

The two can never be confused as the same and neither can use the law of the other. Both are bound by the respective laws of their creator.

This is considered by both opposing laws as the ultimate conflict of law which is the basis or substance of their creation. God's Law and man's law are opposed at every point in Creation. In support of this conflict of laws, God is no respecter of persons, but man's law is. see: Acts 10:34.

Christians have a relationship to God as Heirs of the Father through the pure Blood and lineage of Christ Jesus. As a Christian, his name is written in the Lamb's Book of Life, and this name is only known by God. This Blood Covenant requires the Christian to abide by God's Law, and none other.

Government Imperial powers have created the persona to give an appearance of Lawful process, but such is a persona created by novation. The purported law of the persona is not Law because it is directly and blatantly contrary to God's Law and common Christian Law. It is based, founded and rooted not by God but by the Law of War through its lineage to the god of war, Mars, and the god of commerce, Mercury.

Man knows he has no right of dominion over other men, but he has invented ways to seek such gain by creating the persona which, when applied to the Law of War, becomes a nom de guerre. This is literally a "war name" to separate the Christian from the fictional persona. See, e.g.: The California Style Manual, published by the The California Supreme Court (1986), Section 196, page 13, "Style of Main Title" (to an action).

How a name is spelled brings to distinction the ultimate conflict of the real Man and the fictitious persona. The Law of War uses the nom de guerre. Being bound under Treaty of International Law, the lex mercatoria, and the Law of War, today's Chancery and Administrative Courts are prohibited from dealing with real people and are required to deal only with fictional personae (artificial persons) by styling parties with a nom de guerre, and/or using abbreviations. A corporation is a fictional persona, including State incorporated Churches. Any party who agrees to appear before the Military Law or Administrative Court must do so by a nom de guerre spelled in all capital letters or with a middle initial.

"An alien enemy cannot maintain an action during the war in his own name" -Francis Wharton, Pennsylvania Digest , Section 20.94 (1853).

"Martial law is the law of military necessity in the actual presence of war. It is administered by the general of the army, and is in fact his will." Chief Justice Waite, in United States v. Diekelman , 98 U.S. 520.

A Christian spells his name according to the Rules of English Grammar and the common Christian Law, using both capital and lower case letters, such as John Elias Smith as opposed to the noms de guerre. The primary use of the nom de guerre is to disclose the type of court and venue: a Law of War Military Chancery Court, a.k.a an Administrative Court of executive jurisdiction. Such a venue and jurisdiction sits to hear matters only between personae or, a res and personae in commerce. Any Christian who accepts and answers to a nom de guerre strips himself of his Godly Rights in common Christian Law and subjects Himself to the laws of man. All Christians are deemed alien enemies of Law of War Courts or Administrative Courts, and cannot be brought before said Courts in their Christian name. Only a nom de guerre can be a party to a present day Administrative Court. If there is no nom de guerre, there is no party to be heard.

Proper nouns name specific persons, places, or things and begin with a capital letter. General nouns denoting a class or group of persons, places, or things are never capitalized. The meanings of two words of the same spelling can change dramatically when one of those words begins with the first letter capitalized. For example, from Riddle's Latin Lexicon:

state: A Christian people with Dominion over all geographical territory which makes them the res publica lords of the soil.

State: The name of the ministerial government, occupying a feud, established by constitutional compact among the Christian people holding and occupying a fixed geographical territory.

The " state" is general and used at-Law, while the "State" is specific and denotes a created fictional "legal" entity.

In the Christian common Law Abatement, the Rules of English Grammar are precise according to Law. This is why the Abatement denotes careful uses of the words county and not County; united rather than United, court instead of Court, and even superior as opposed to Superior. There are the general ' laws of Hawaii and there are the specific Statute ' Laws of Hawaii. In like manner, there exists the ' State of Hawaii and Hawaii state'. The differences denote an astute identification of the conflict between the common Christian Law and man's fictional law. 'Hawaii state/kingdom/island/archipelago' is in-Law whereas 'State of Hawaii' is an Administrative legal fiction.

Likewise, Hawaii Statutory Courts serve defective process and not Lawful process. Such defective and unlawful process will show 'State of Hawaii' as opposed to ' in the state of Hawaii'. A 'Court Seal of the State of Hawaii' is not a 'seal from a Lawful court in Hawaii state'. The typical rubber stamped facsimile, most often in all capital letters, of a Judge's persona in Chancery is not the Lawful signature in black ink of a constitutionally elected Judge in the Judicial Department in Hawaii state.

"11.19. Numbers mentioned in connection with serious and dignified subjects [i.e., the measurement of time from the birth of Our Sovereign Lord and Savior Christ Jesus] and in formal writing are spelled out" United States Government Style Manual (1959), "Numbers Spelled Out", p. 169.
"12.19. Numbers appearing as part of proper names [i.e. the Year of Our Lord and Savior Christ Jesus] or mentioned in connection with serious and dignified subjects such as Executive orders, legal proclamations, and in formal wring are spelled out" .United States Government Style Manual (1986), "Numbers Spelled Out", p.169.

In the same manner, a Christian in common Law properly spells out his numbers, as in 'sixty'. A persona and fictional "person" will write the same as '60' as is customary for the abbreviated martial law form of writing for military purposes.

All courts currently in America are captive courts of the Commander-in-Chief ever since Lincoln's executive proclamation to the immediate effect of The Leiber Code in 1863. These courts cannot make binding rulings at Law. As such, these military founded courts are required to use the rules of English within their own statutory Rules of Court, however, in all their 'official' process they use a special set of unpublished rules and techniques to give true notice of their real standing to the public; i.e. , 'IT IS SO ORDERED' or 'DONE AND ORDERED', which are really of no meaning in the English language or within their own Rules of Court.

"We are of the opinion that the word 'misnomer', which means naming amiss, is wide enough to cover the faulty indication of a Christian name by means of the initial: Vide, Bacon's Abridgment, under misnomer. Initials are no name at all" see: 4 Bacon's Abr. of the Law (1832), of Misnomer and want of Addition, and Queen v. Plenty (1869).

"Misnomer, (compounded of the French Mes, which in composition always signifies amisse, and nomer, Latin, nominare) the using [of] one name for another, a mis-terming, or mis-naming." Nomo-Lexicon, A Law Dictionary, Sherwin & Freutel, Publishers, Los Angeles (1970).

"Misnomer is a good plea in abatement, for since names are the only marks and indicia which human kind can understand each other by, if the name be omitted or mistaken, there is a complaint against nobody. And, if the defendant has been arrested by the wrong name, the court will set aside the proceedings and discharge him if in custody". 4 Bacon's Abridgment , (D) of Misnomer, and want of Addition (1832), page 7.

The Christian appellation comprises of the first and/or second given birth names or baptism names. The family or surname is not usually included in the same with the first names. First the Hebrews and then Christians have habitually only identified themselves by their given names, or, their given names are used as being from or of the family surname. For example; 'Jonathan-Paul of the Peters family' or 'Jonathan-Paul: Peters' according the Rules of English Grammar. In the Biblical New Testament, Paul was called 'Saul of Tarsus' and Christ was called 'Jesus of Nazareth' for their birth location in Hebrew Law. [e.g. Glen-Martin of Troy, or Glen-Martin of Samaria, or Glen-Martin of the Swartwout family]

A given name identifies the Godly or Lawful Christian. What is added after that identifies his family or his birthplace, i.e., Smith. This is hardly a new practice as the Spanish and German peoples still use 'de' and 'von' meaning 'of' after their given names. These are established and currently used Lawful appellations. Although it has become 'normal' in the world today to simply drop the word 'of' between given and family names, it has only been more prevalent since 1865 when common Christian Law was abolished and replaced by the Law of War, among others, where persona and noms de guerre were considered commonplace by their unlawful usage.

The Non-Statutory Plea in Abatement: Christian common Law Abatement, uses Maxims of Law from Bouvier's Law Dictionary (1914) and Black's Law Dictionary (1957 & 1968), and Broom's Maxims.

Error juris nocet. Error of law is injurious.
Ex nundo Pacto non oritur Actio. No cause of action arises from a bare agreement [A consideration of some sort or other is so absolutely necessary to the forming of a contract that agreement to do or pay any thing on one side without any compensation on the other is totally void in law].
Fictio juris non est ubi veritas.Where truth is, fiction of law does not exist.
Non est certandum de regulis juris. There is no disputing about rules of law.
Legatos violare contra jus gentium est. It is contrary to the law of nations to do violence to ambassadors. [see definition of 'ambassador' below].
Summa Ratio est quae pro Religione facit. If ever the laws of God and man are at variance, the former are to be obeyed in derogation of the latter.
Nullum tempus occurrit ecclesiae. Time does not bar the right of the church.
Quae lege communi derogant non sunt trahenda in exemplum. Things derogatory to the common law are not to be drawn in to precedent.
Nihil quod est contra rationem est licitum. Nothing against reason is lawful.
Ex Dolo malo non oritur Actio. A right of action cannot arise out of fraud. [a misnomer is a fraudulent name].
Causae ecclesiae publicis causis aequiparantur. The cause of the church is a public cause.

Definitions of Key Words and Phrases used in the Christian common Law Non-Statutory Plea in Abatement:

Ambassador. Now then, we are ambassadors for Christ. II Corinthians 5:20
Avoidance. A making void, useless, empty, or of no effect; annulling, canceling; escaping or evading. Black's Law Dictionary, 3rd Edition, page 176. Of common law as in God's Law, referred to as the Law of Avoidance.
Common law. Common law is God's Law that became the Customs and Usages of the people from time immemorial. In Latin, it is the lex non scripta, the 'law not written', for it is written in the heart of the Christian Man. All Administrative Codes, Rules of Procedure, and Regulations that violate common law are void and do not apply to Good and Lawful Christians. Statutes which violate the plain and obvious principles of common right and common reason are null and void. Bouvier's Dictionary of Law, 1856. Blackstone's Commentaries says a law which violates the Law of God is void.

Concerning what constitutes a 'time of war', it: exists for purposes of R.C.M.1004(c)(6), and Parts IV and V of this manual in virtually every act conceivable by any person, against which the United States government has made a law, rule, or regulation. Manual for Court's Martial, supra, page IV-4, Article 104(c)(6)(c) .

'Enemy' is not restricted to the enemy government or its armed forces. All the citizens of one belligerent are enemies of the government and all the citizens of the other .Ibid., Manual , page IV-34, Art. 99-23c(1)(b) .

The evidence of a mailbox on a house or a Post Office Box are evidence of residency of an enemy in the field and did not exist prior to Lincoln's War. A doorbell or knocker is an 'invitation' to break down the door of a house because it is presumed that their existence is to allow anyone to enter for any reason by announcement without further protocol.

General delivery has never been attached to any legislation through commercial statutes. Postal laws since Lincoln's War have not changed in any manner concerning general delivery to transients. General delivery is the only non-commercial side of the Post Office.

General delivery is a mailing 'location', not an 'address'. Christians, as all of God's
people, are sojourners: The land shall not be sold for ever; for the land is mine [God's]; for ye are strangers and sojourners with me. Leviticus 25:23 - and as such are transients in His land .

"General delivery is intended for use primarily at: c. Any post office to serve transients and customers not permanently located ". The Post Office Domestic Mail Manual at D930, 1.1 .
General delivery is a common law right recognized by the Post Office. The Post Office is not the Postal Service, which is under military control.

Calling for mail in general delivery is granted by the Post Office for transients and sojourners, i.e. Good and Lawful Christians.

Law of nations. In Latin: Jus Gentium; that law which natural reason has established among all men is equally observed among all nations as being the law which all nations use. Ibid., Blacks 3rd, page 1044 .
L.S. The legal seal of the King and the location of this seal [marked by a Christian as ambassador of His Lord and Savior, Christ Jesus, the King of Kings].
Mark of Fraud. A token, evidence, or proof of fraud. Ibid., Black's 3rd, page 1161.
Nil dicit. Nihil dicit. 'He says nothing'; Latin; nil dicit. This is the name of the judgment which may be taken as of course against a defendant who omits to plead or answer the plaintiff's declaration or complaint within the time limited. In some jurisdictions, it is otherwise known as judgment 'for want of a plea'. Gilder v. McIntyre, 29 Tex.91; Falken v. Housatonic R. Co. , 63 Com. 258, 27A. 1117; Wilbur v. Maynard , 6 Cob. 486.

Judgment taken against a party who withdraws his answer is judgment nihil dicit, which amounts to a confession of the cause of action stated, and carries with it more strongly than judgment by default, admission of justice of plaintiff's case. Howe v. Cent. St. Bank of Coleman , Tex.Civ.App. 297 S.W. 692,694; Black's Law Dict. 4th , (1957 & 1968), p. 1195.

Suae potestate esse. A Christian having full power over His dominions with Christ. Given to God's people in Genesis 1:27-28 and reaffirmed in the New Testament in The Great Commission.

All court appearances are Voluntary because the Process Rule is: All Defects of Process are Cured by Voluntary Appearance. Lawful or constitutional process has no bearing on the case. It does not matter haw many errors one finds in the Process from emergency powers courts, if you appear, you have informed the court that you have waved the defects of process. Submission to defects in process waves the protection of fundamental rights.

Some believe that special appearances (by paperwork, motions, etc.) nullify a Court's jurisdiction. Under emergency powers, this is false. There are no remedies in challenging a Court's jurisdiction except by abating its process.

~1: "Abatements" are not a challenge to a court's jurisdiction, they are merely a "good faith" attempt to correct errors in process (i.e., "clear up the errors, judge, and I will appear"). "Special Appearances" fail when a Judge knows what he is doing. Under "Martial Rule," Judges do whatever they want, whenever they want, so long as he does not alarm the public or disturb the peace. Jurisdiction is always granted to try jurisdictional questions, even if one goes to higher Courts. Defendants grant jurisdiction by never challenging the process. Process is perfected by any appearance. The Court is the paperwork. If the paperwork is defective, there is no Court. In times of war under International Law, Field Officers (e.g. Judges, Highway Patrol, State Troopers, Sheriffs) can exercise life and death powers to maintain order and authority. Military Courts exercise "benefit of discussion" 6 that gives a Court jurisdiction as soon as a Demandant answers a question or demands any response of a Military Court.

~2: "Arrest Warrants" and Procedures do not conform to Constitutional Law because they don't have
to if a Defendant appears in person, or by "special appearance" paperwork. "Arrest Warrants" with a Judge's signature in black ink and proper Affidavits with true Court seals, are instruments of lawful process and
cannot be used in emergency powers courts.

~3: Federal, State, County, and City emergency powers Courts and other entities manipulate grammar to protect their International Law status. A state either writes its name as "State of Hawaii" (instead of "Hawaii State") or in caps like "STATE OF HAWAII" (instead of proper upper and lower case letters), or they use abbrevations such as HI which are misnomers not names. International Law requires that neither party to a case (the State and
the person) can appear in their own name, but only under the nom de guerre (war name), as indicated by a name in all caps or one name with an abbreviation. Emergency Powers Courts have no lawful process because they have no lawful authority. All Process by such Courts is defective because the Courts are forbidden to use lawful Process unless and until it is voluntarily given to them. The Federal Government with its subsidiary States have created Emergency Powers Courts to expand their power and increase revenue. By doing so, they have become vulnerable to lawful Process. There is little they can do about it without coming into conflict with International Law. The United States will never pull out of the United Nations because the United Nations is the coordinator of the global war against humanity and the source of authority for the the United States to protect itself under International Law (as opposed to the Law of Nations; International means No-Earth-Nations). Bringing proper lawful Process against unlawful Process prevails in the Truth.

Restoration of lawful Process and Procedure by We the People means re-establishing lawful authority in the Courts through lawful jural societies using remedies provided in the Bible (Christianity, Common Law, and Assize Courts/Juries, in conjunction with the Grand Jury), where necessary. Christianity is adopted as law in many states. In the Old Testament we find moral law and Godly rules of restitution. The Holy Bible is the standard of law on which Common Law is based. Common Law grew out of English medieval ecclesiasticcal Courts where the people had no access to the Kings' Bench. In Christian churches, people found true justice based on the Bible. Biblical common law also connects the Bible with the Constitution of the united States of America.

In English Grammer, capitalizing the first letter of a noun makes it a "proper noun" denoting a specific individual, place, or thing. In law, capitalizing means that the Process was sent to a SPECIFIC place or thing (type) of
Court. The same name (uncapitalized) is a different Court of General Jurisdiction or Common Law. The spelling of a Demandant's or Defendant's name also makes a difference in who the Demandant or Defendant is. One whose name is spelled in all "caps" is a 14th Amendment "person." One whose name is spelled as a proper noun is not a person, but is a "Christian." The spelling determines whether the parties are "real" or "fictitious." If the Demandant's and/or Defedant's name is spelled in all upper case letters, the spelling fails to conform to English Grammer Rules, but still has specific meaning in Emergency Powers Courts. Any name that is typed in all upper case letters is a "nom de guerre," or "war name" that is evidenced of who and what the Court or person really is. Only courts under Emergency Powers use all upper case letters to spell names.

No man can be lawfully sued in any but his properly spelled, full Christian name, the Common Law term for the first and middle name. Internal Revenue Service (IRS) has re-issued paperwork with a change in the spelling of Demandant's name by spelling it with upper and lower case letters, but never a true Christian name as they always abbreviate one name. The Common Law says: "an initial is no part of a name and is defined as a misnomer. 12
Christians cannot have two names, i.e. a Christian name and a nom de guerre. We are baptized in one name that includes a first and second name. What God hath put together, let no man tear asunder. Emergency Powers gave us a second name that slanders our Christian name. No man can be prosecuted without giving consent to
Process from an Emergency Powers Court. Emergency powers entities know what they are doing and why.

Errors in spelling and capitalization.
Emergency powers entities are masters of deception in wording.

"You must appear at ......" At first glance, this sentence appears to demand a Court appearance in person, but in law, "must" means "may." What is really being said is: "We invite you to appear ......" The bottom line is that your physical appearance is voluntary, not compulsory. But if you fail to answer the Process, voluntary or not, a new Process comes back and this time the wording will be "mandatory." This Process is issued because you had opportunity, time, place, and a date to respond and you didn't. You are in default of Process: Not answering concedes jurisdiction to the Emergency Powers Court. You had time, place, notice, and opportunity. Your failure to do so made you vulnerable. Now, you will be compelled by "Warrent of Physical Arrest" at the emergency powers convenience to appear. Of course, the Arrest Warrant (and subsequent process) will be just as defective as the first, but because you didn't respond, the government knows that you have no lawful process and are thus "defenseless." The emergency powers government can feel safe to proceed against you even with faulty Process. And remember: if you are in jail, it is tough to write good Process because you will then be considered a "prisoner of war" and denied all the normal assistance the volunteers get. Other words used in deception are: "Notice of," which means: "an invitation to." "Notice to Appear," "Notice of Tresspass," "Order to Show Cause," "Order and Demand" are all deceptive word games.

A letter is not an "Abatement." "Letters" have no force or effect in law and therefore, a letter is no answer. It matters not that they sent you a letter. A letter from an Emergency Power Entity has one purpose: to see if he will respond with an Abatement or not. "Non-Statutory Abatement" does not depend on any de facto government statute, code, authority, ordinance, rule, or regulation, to give them lawful effect. There are only two authorities used in the Abatements: Common Law (Common Law Codes where existent) and Maxims of law. Cites of court decisions are null because they are based on statutory authority, not law. Using any statutory authority destroys a non-statutory Abatement and opens the door to emergency powers statutory counter-attack.

Specific statements in Abatements apply only to the specific Emergency Powers who have sent papers to a potential Defendant. Some general statements are:

"Your items are refused for cause without dishonor and without recourse to me and returned herewith because they are irregular, unauthorized, incomplete, and void process."

"All documents were received but not accepted."

"Your agents are imposing provisions of a contract counter to public
morals."

"Your paperwork has failed to affirmatively show your entry upon my privacy."

"Your paperwork alleges violations of law foreign to my venue, which no oath, promise, or law, attaches me thereto."

"Your office is not established in the Hawaii Constitution."

"Your paperwork has no foundation in law for the reason that they are not from an office recognized by the people or general laws of Hawaii.

"Your paperwork has no warrent in law and are not judicial in nature."

"Your paperwork is not sealed by the recognized authority of the Hawaii."

"Your paperwork is incomplete and defective upon its face due to insufficient law."

"Your paperwork does not have upon its face, my Christain appellation, nor do the additions in the compellation upon the items herewith returned, apply to me."

IRS: The IRS employees are not state judicial officers having power to issue Orders or Judgments of any kind. The mentioned de facto corporation (IRS) is a person subject to jurisdiction of this state.

Court: In International Law; "The person and suite of the sovereign; the place where the sovereign sojourns with his regal retinue, wherever that may be." Black's Law Dictionary, all editions.

Returned items: abandoned papers, returned papers, items (unworthy to be called "documents").

Capitalize: Me, My, Myself, Right, Private, Privacy.

State Codes: General Laws of Hawaii.

:Claim of the Maxim: "_" with the meaning: "_" is with the claim of the origin by the century: ~_, Anno-Domini: author: _.

:Claim of the Etymology: For the word: _ is with the claim: "_" with the ONLINE ETYMOLOGY DICTIONARY by the Douglas: Harper. :Search.

:Claim of the Font: Italic: For the use of the italic-font is with the common-tongue of the verb-fiction. For a sample of this use is with the documentation for a quotation of a communication with the writing or speaking by its author. For another sample of the use is for the identification of the name of an fiction-entity.

:Claim of the Font: Bold: For the use of the bold-font is for the emphasis with a matter for the benefit of the ease of the identification and comprehension of the concepts of the document.

:Claim of the Font: Line: For the use of the font with a line at the base of the letters is for the web-link with the source for the confirmation of the matter, or with a page for the study of a concept of the document.

:Claim of the Punctuation: Colon: For the use of full colons is for the meaning as a phrase for the security of the next-word:: meaning word with the nexus, as a noun.

:Claim of the Punctuation: Quotation: For the use of the pairs of the opening and closing: quotation-marks is for the meaning as the quotation of a communication by another party.

:Claim of the Punctuation: Box: For the use of the pairs of the opening and closing: brackets, or parentheses is for the lack of the joinder with the communication of the body of the document by the law of the box. For the use of the box against the document is with the meaning as a private-note for the edification of the reader by the author. For the use of the box against a quotation is for the claims of the clarification of the meaning of the quotation.

For the sharing of these communications is for the spiritual-education, healing-benefit and sanctification of each living-soul as a private-communion with this minister, with the lack of any offer with the fiction-commerce of this world and with the lack of any negotiability between all parties as these cells in the Christ. For all truth and reality of all creation is with the ownership by the Creator. For all matters in the universe of each moment are as the gift for each soul with his love by our Lord. For any truth of these matters of this page and site for the study is for the knowledge and freedom of the soul, with the use with all love, charity, humility, honesty, wisdom and volition for the good of all souls of our friends and enemies, foreign and domestic, as a gift with the finding by the grace and will of our Lord. For all communications through this Ambassador of the Christ are by this Glen-Martin of the Swartwout-family©-commonlaw-trade-name/copyright/COPYCLAIM/copy-Christ with the claim of all powers for all truth in one law, with these claims with the law by our Lord:

~I: U.C.C.: §: ~I: ~CIII (UCC 103) with the correction of the language for the claims of the T.D.C. with the correction of the language for the claim of the Threat, Duress and Coersion by the Powers of this world against the will of our Lord; (Non A)ssumsit-Contract with the correction of the language for the lack of any authorization of any contract with the lack of full closure with the claim of the meaning of each word in the truth with the will by our Lord; and with the claim of the re:course for the freedom against the compelling of any benefit and against any claim of an occult-contract or claim of the commerce with any ficition; and with the claim of all re:course by our Lord.
~II: U.C.C.: §: ~I: ~CIII: ~VI (UCC 103.6) with the correction of the language for the claim of the common-Law of this Christendom of the sojourners of this Earth in the Kingdom of the Heaven with the creation and ownership by the Lord.
~III: U.C.C.: §: ~I: ~CCVII (UCC 207) with the correction of the language for the claim of the re:medy for the freedom of the contract against any force by the Powers of this world; with the claim of the volition against any contract of a debt-discharge with any association with the bankruptcy-scrip of the unity-States or with any fiction or fraud with the conveyance of any value; and with the claim of all re:medy by our Lord.
~IV: U.C.C.: §: ~I: ~CCVII: ~IV (UCC 207.4) With(out) the (Pre)judice with the correction of the language for the claim of the lack of any judgement of any Man by another Man; and with the claim of the judgement by our Lord.
~V: U.C.C.: §: ~I: ~CCVII: ~VII (UCC 207.7)with All Rights: (Re)serve(d) with the correction of the language for the claim of all rights, freedoms and powers by the will of our Lord.with the correction of the language for the claim against the waiver of any powers with the gift by our Lord.
~VI: New-Covenant with the correction of the language for the claim of one Law for the Love, Truth, Way and Life with the Will, Grace, Justice and Mercy by our Lord.
~VII: '"The law was made for man, not man for the law."' With the language correction of the claim: for the making of the law for the Men is with the lack of the making of the Men for the law, by our Creator.
:::'"the law is not made for a righteous man, but for the lawless and disobedient"'::: ~I: Timothy: ~I: ~IX.
~VIII: :::'"To love all people and all things is the key to being like God, the great lover"'::: Wisdom: ~XI: ~XXIV. :::'"You shall love your neighbor as yourself and the alien too."'::: Leviticus: ~IXX: ~IIXX, ~XXXIV; For the heart of the law is: love. :::'"You shall love the Lord your God with your whole heart, your whole soul, your whole strength."'::: :Deuteronomy: ~VI: ~V.
~IX: :::'"I have not come to destroy the Law but to fulfill it. Amen, I say to you, till heaven and earth pass away, not one jot or tittle of the Law will be lost until it is all fulfilled…. Unless your justice exceeds that of the scribes and the Pharisees, you shall not enter the kingdom of heaven."'::: Matthew: ~V: ~XVII, ~IIXX, ~XX.