:FOR THE SOVEREIGN-CHARTER-VESSEL-CITIZEN
IN THE PARTY
:VERUS:
FICTION PARLIAMENTARY COURT
FOR THE JURISDICTION OF A PLEADING IS WITH THE COURT BY ANY PARTY
WITH THE CORPORATION OF THE CHARTER-VESSEL-PAPER-PLEADING IN THE FOREIGN-COURT.
:S. = :SOVEREIGN-CITIZEN
= FOR THE JURISDICTION OF THE SOVEREIGN IN THE COURT.
:F. = :FICTION-COURT = FOR THE JURISDICTION
OF THE FICTION IN THE COURT.
:S. FOR THE SWEARING
OF THE CLAIM IS WITH THE OATH IN THE TRUTH. THAT
ALL FACTS IN THIS CASE ARE IN THE NOW-TENSE AS A NOUN-JURISDICTION
. FOR THE NOUN AS THE VERB IS WITH THE VERB-FICTION-JURISDICTION IN
THE FICTION OF AN OPINION-FICTION .
:F. THE OATH = I SWEAR, TO TELL,
THE TRUTH, SO HELP, ME GOD,
UNDER PENALTY, OF PERJURY.= ADVERB-
VERB-FICTION ---ALL FICTION.
:S. FOR THE WITNESS
WITH THE KNOWLEDGE IS WITH THE CLAIM FOR THE PARTY
IN THE TRUTH. FOR THE PARTY OF THE VACATION OF THE GUILT IS
WITH THE VACATION OF THE KNOWLEDGE. FOR THE PARTY OF THE "NOT
GUILTY"; IS WITH THE GUILT AS THE VERB FOR THE
CORPORATION OF THE COURT IN THE VERB-JOINDER IN THE FICTION. FOR THE
TERM: "NO CONTEST" =(ADVERB-VERB) IS FOR
THE SAME.
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:F. |
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PROVEN |
INNOCENT |
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:S. FOR THE PARTY
WITH THE KNOWLEDGE IS WITH THE PLEADING IN THE NOUN AND IN THE TRUTH
FOR THE FACTS ARE WITH THE SUBJECT-MATTER-JURISDICTION OF THE C.U.S.W.F.-COURT.
:F. FOR THE FICTION-COURT
OF THE FICTION-FRINGE-FLAG IS FOR THE TORT AGAINST THE RIGHTS OF THE
PARTY. FOR THE WORD: "RIGHT" AS A OPINION IS WITH THE PLACEMENT
OF THE WORD: "CLAIM".
:S. FOR THE SOVEREIGN-CHARTER-VESSEL
OF THE FILING IS WITH THE CLERK OF THE COURT FOR THE CLAIM. FOR ALL
PARTIES OF THE FILING ARE FOR THE CHARTER-VESSEL-CONTRACT BETWEEN
THE FOREIGN-JURISDICTION OF THE TITLE~28: U.S.C.S.~1605 , FOR THE
CONTRACT-CLAIM OF THE COURT FOR THE PLEADINGS BY THE PARTY. FOR THE
PARTY WITH THE KNOWLEDGE IS WITH THE CLAIM OF THE C.C.= OF THE CIVIL-CLAIMS.
:F. FOR THE FICTION-COURT CAN ONLY BRING MOTION WITH
THE PARLIAMENTARY-OATH THAT IS SWORN TO AN ENGLISH-PARLIAMENT IN THE
FICTION WITH THE PRACTICE OF THE FICTION IN THE VIOLATION OF THE FOREIGN-SOVEREIGN-IMMUNITY-ACT
WITH THE VACATION OF THE PEOPLE IN THE COURT IN THE WORLD. [THIS IS
WRITTEN IN FICTION-LANGUAGE]
:S. FOR THE CLAIM
OF THE PARTY IS WITH THE KNOWLEDGE OF THE TRUTH.
:F. FOR THE MOTION IS
WITH THE PARLIAMENTARY-COURT OF THE FOREIGN-FICTION.
:S. WHEN THE
PARLIAMENTARY-COURT OF THE CLAIM IS WITH THE CORPORATION-CASE-FILING
WITH THE JOINDER/UNITY WITH THE [FICTION-CIVIL-AUTHORITIES] ARE WITH
THE FAULT OF THE VIOLATION OF THE PARTY'S-RIGHTS FOR THE RIGHT OF
THE GRIEVANCE. FOR THE MILITARY OF THE CLAIM IS WITH THE CONTROL OF
THE COURT WHEN THE CIVIL-AUTHORITIES FAIL FOR THE CLAIM OF THE PLEADINGS
OF THE PARTY AND FOR THE VIOLATIONS OF THE CHARTER-VESSEL-CONTRACT
.
:F. FOR THE FICTION
IS WITH THE ARREST OF THE MILITARY FOR THE MISAPPROPRIATIONS OF THE
GOVERNMENTS-DOCUMENTS IN THE FICTION WITH THE TORT OF THE PARTY'S-RIGHTS
IN THE COURT, FOR THE KIDNAPPING IN THE NEGLECT OF THE TITLE~42: U.S.C.S.~1986
FOR THE KNOWLEDGE OF THE LAW FOR THE NEGLECT OF THE STOPPING AND CORRECTING
OF THE WRONGS FOR THE FICTION-LANGUAGE WITH THE FICTITIOUS-LANGUAGE
OF THE TITLE~18: U.S.C.S.~1001 AND ~1002 = [FOR THE PRISON-TERM OF
THE ~10-YEARS OR LESS, OR FOR THE FINE OF THE 31-TROY-OUNCES OF THE
.999-FINE-GOLD ] IN THE TORT AND MISPRISON OF A FELON WITH THE TITLE~18:
U.S.C.S.~4 , FOR THE ACCESSORY AFTER THE FACT = WITH THE TITLE~18:
U.S.C.S.~THREE(3) FOR THE TORT OF THE CLAIMS OF THE CHARTER-VESSEL-CITIZEN
IN THE PARTY BY THE CLERK OF THE COURT AND BY THE OFFICERS OF THE
COURT IN THE WRITTEN-PAPERS OF THE COURT'S-HANDWRITING AND BY THE
SWEARING INTO THE FRAUD AND PERJURY OF THE OATH BY THE OFFICERS OF
THE COURT.
:S. FOR THE COURT
OF THE WRITTEN-MOTION IS WITH THE FICTION BY THE MODIFICATION OF THE
WRITTEN-WORD . FOR THE AFFIRMATION(OUTSIDE OF THE NOW-TIME-QUANTUM
) OF THE PERJURY(FICTION OF THE LANGUAGE-CLAIMS ) OF THIS PARLIAMENTARY(KINGS)-MOTION-PLEADINGS
AGAINST THE PARTY. FOR THE FICTION-PARLIAMENTARY-COURT OF THE WRITTEN-PLEADINGS
ARE WITH THE CHARGES IN THE FUTURE-TENSE OF THE FACTS WITH THE VACATION
OF THE NOW-TENSE-JURISDICTION WITH THE VACATION OF THE PARTY, FOR
THE VIOLATION OF THE DUE-PROCESS WITH THE CHARGES OF THE VASSALEE
FOR THE CONCLUSION OF THE PLEA WITH THE FICTION-PRESUMPTION OF THE
CHARGES IN THE COURT OF THE FICTION-PARLIAMENTARY -COURT .
C.U.S.W.F. =
FOR THE CONSTITUTION/CONTRACT OF THE UNITY-STATES OF THE WORLD-FLAG
U.S.C.S. = FOR THE UNITY-STATES-CLAIMS : SECTION
:©:COPYCLAIM: SEPTEMBER~20~2002
BY THE David-Wynn: Miller, :LANGUAGE-CLAIMS.
Bouvier's Law Dictionary (1856)
[Internet edition], http://www.constitution.org/bouv/bouvierf.txt
[as of August 7, 2002]:
FICTION OF LAW. The assumption that a certain thing is true, and which
gives to a person or thing, a quality which is not natural to it,
and establishes, consequently, a certain disposition, which, without
the fiction, would be repugnant to reason and to truth. It is an order
of things which does not exist, but which the law prescribes or authorizes;
it differs from presumption, because it establishes as true, something
which is false; whereas presumption supplies the proof of something
true. Dalloz, Dict. h.t. See 1 Toull. 171, n. 203; 2 Toull. 217, 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 the Civil Code of Pennsylvania, March 1, 1832, p. 8.
2. The law never feigns what is impossible. fictum est id quod factum
non est sed fieri potuit. Fiction is like art; it imitates nature,
but never disfigures it. It aids truth, but it ought never to destroy
it. It may well suppose that what was possible, but which is not,
exists; but it will never feign that what was impossible, actually
is. D'Aguesseau, Oeuvres, tome iv. page 427, 47e Plaidoyer.
3. Fictions were invented by the Roman praetors, who, not possessing
the power to abrogate the law, were nevertheless willing to derogate
from it, under the pretence of doing equity. Fiction is the resource
of weakness, which, in order to obtain its object, assumes as a fact,
what is known to be contrary to truth: when the legislator desires
to accomplish his object, he need not feign, he commands. Fictions
of law owe their origin to the legislative usurpations of the bench.
4 Benth. Ev. 300.
4. It is said that every fiction must 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; Cowp. 177. To prevent, their evil effects,
they are not allowed to be carried further than the reasons which
introduced them necessarily require. 1 Lill. Ab. 610; Hawk. 320; Best
on Pres. Sec. 20.
5. The law abounds in fictions. That an estate is in abeyance; the
doctrine of remitter, by which a party who has been disseised of his
freehold, and afterwards acquires a defective title, is remitted to
his former good title; that one thing done today, is considered as
done, at a preceding time by the doctrine of relation; that, because
one thing is proved, another shall be presumed to be true, which is
the case in all presumptions; that the heir, executor, and administrator
stand by representation, in the place of the deceased are all fictions
of law. "Our various introduction of John Doe and Richard Roe,"
says Mr. Evans, (Poth. on Ob. by Evans, vol. n. p. 43,) "our
solemn process upon disseisin by Hugh Hunt; our casually losing and
finding a ship (which never was in Europe) in the parish of St. Mary
Le Bow, in the ward of Cheap; our trying the validity of a will by
an imaginary wager of five pounds; our imagining and compassing 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 bill with force and arms; of neglecting to repair a bridge,
against the peace of our lord the king, his crown and dignity are
circumstances, which, looked at by themselves, would convey an impression
of no very favorable nature, with respect to the wisdom of our jurisprudence."
Vide 13 Vin. Ab. 209; Merl. Rep. h.t.; Dane's Ab. Index, h.t.; and
Rey, des Inst. de I'Angl. tome 2, p. 219, where he severely censures
these fictions as absurd and useless.
4.a. From 16A Words and Phrases, Permanent Edition (supplemented to
1989), p. 27, FICTION OF LAW:
It seems to be a rule founded in common sense, as well as strict justice,
that fictions of law shall not be permitted to work any wrong, but
shall be used ut res magis valeat quam pereat, 3 Rep. 28, b. and this
rule, so equitable in itself, seems recognized in the common law.
13 Rep. 21; 2 Vent. 200. United States v. 1960 Bags of Coffee (1814),
12 U.S. (8 Cranch) 398, 415, 3 L.Ed. 602, 608.
4.b. I didn't understand the translation of the Latin phrase "ut
res magis valeat quam pereat", so looked it up:
Ut res magis valeat quam pereat. That the matter may have effect rather
than fail.
BLACK'S LAW DICTIONARY , 7th Ed. (1999), p. 1697.
5.
Fictitious. Founded on a fiction; having the character of a fiction;
pretended; counterfeit. Feigned, imaginary, not real, false, not genuine,
nonexistent. Arbitrarily invented and set up, to accomplish an ulterior
object.
BLACK'S LAW DICTIONARY , 6th Ed. (13th reprint, 1998), p. 624.
6.
Fictio cedit veritati. Fictio juris non est ubi veritas Fiction yields
to truth. Where there is truth, fiction of law exists not.
BLACK'S LAW DICTIONARY , 6th Ed. (13th reprint, 1998), p. 623.
7.
Fictio legis inique operatur alicui damnum vel injuriam A legal fiction
does not properly work loss or injury. Fiction of law is wrongful
if it works loss or injury to anyone.
BLACK'S LAW DICTIONARY , 6th Ed. (13th reprint, 1998), p. 623.
8.
Fictitious plaintiff. A person appearing in the writ, complaint, or
record as the plaintiff in a suit, but who in reality does not exist,
or who is ignorant of the suit and the use of his name in it. It is
a contempt of court to sue in the name of a fictitious party.
BLACK'S LAW DICTIONARY , 6th Ed. (13th reprint, 1998), p. 624.
9.
...The assent can get back to the date of delivery to the stranger
only by virtue of the doctrine of relation, which is a fiction of
law in which there is always equity, never working an injury, and
which is never permitted or applied so as to do wrong to third persons
. (Broom's Legal Maxims, " In fictione juris ," etc. 128,
and cases cited; ... A fiction of law "is defined to be a legal
assumption that a thing is true which is either not true, or which
is as probably false as true ; the rule on this subject being that
the court will not endure that a mere form or fiction of law, introduced
for the sake of justice, should work a wrong contrary to the real
truth and substance of the thing." (Per Lord Mansfield, C. J.,
Johnson v. Smith , 2 Burr. 962; Broom's Legal Maxims, 128.)"
(emphasis added) Hibberd v. Smith (1885), 67 Cal. 547.
10.
"Even accepting the fiction that, as applied to drivers, motor
vehicle responsibility statutes are intended to promote safety, it
is just too much fiction to contend that, applied to a judgment debtor
held vicariously liable for the omission of a sub-agent, the statute
is anything but a means of enforcement of judgments." Miller
v. Anckaitis, 436 F2d 115, 118 (CA3 1970) (enbanc) [cert. den. 403
U.S. 910, 29 L.Ed.2d 688, 91 S.Ct. 2203].
Perez v. Campbell (1971), 402 U.S. 637, 29 L.Ed.2d 233, 244 fnt. 14,
91 S.Ct. 1704. :Source.
The United States Supreme Court
discusses the matter of fictions of law in various decisions:
a. “Since the corporate personality is a fiction, although
a fiction intended to be acted upon as though it were a fact,
Klein v. Tax Supers. 282 US 19, 24, 75 L ed 140, 143, 51 S Ct 15,
13 ALR 679, it is clear that unlike an individual its "presence"
without, as well as within, the state of its origin can be manifested
only by activities carried out in its behalf by those who are authorized
to act for it.” International Shoe Co. v. State of
Washington (1945), 326 U.S. 310, 90 L.Ed. 95, 66 S.Ct. 154.
b. “The state does not, by becoming a corporator, identify itself
with the corporation. The Planters' Bank of Georgia is not the state
of Georgia, although the state holds an interest in it.
It is, we think, a sound principle, that when a government becomes
a partner in any trading company, it devests itself, so far as concerns
the transaction of that company of its sovereign character, and takes
that of a private citizen. Instead of communicating to the company
its privileges and its prerogatives, it descends to a level with those
with whom it associates itself, and takes the character which belongs
to its associates, and to the business which is to be transacted.”
(emphasis added) The Bank of the United States v.The Planters' Bank
of Georgia (1824), 22 U.S. (9 Wheat.) 904, 907, 6 L.Ed 244.
c. The Constitution constrains governmental action “by whatever
instruments or in whatever modes that action may be taken.”
Ex parte Virginia, 100 US 339, 346-347, 25 L Ed 676 (1880) "And
under whatever congressional label... Facing the question of Amtrak's
status for the first time, we conclude that it is an agency or instrumentality
of the United States for the purpose of individual rights guaranteed
against the Government by the Constitution.... Even Congress itself
appeared to acknowledge, at least until recent years, that Government-created
and -controlled corporations were part of the Government. The Government
Corporation Control Act of 1945, discussed above, which brought to
an end an era of uncontrolled growth of Government corporations, provided
that, without explicit congressional authorization, no corporation
should be acquired or created by "any officer or agency of the
Federal Government or by any Governmental corporation for the purpose
of acting as an agency or instrumentality of the United States...."
sec 304(a), 59 Stat, at 602. That was evidently intended to restrict
the creation of all Government-controlled policy-implementing corporations,
and not just some of them. And the companion provision that swept
away many of the extant corporations said that no wholly owned government
corporation created under state law could continue "as an agency
or instrumentality of the United States," sec. 304(b), 59 Stat,
at 602....
It surely cannot be that government, state or federal, is able to
evade the most solemn obligations imposed in the constitution by simply
resorting to the corporate form...." Lebron v. National R. Passenger
Corp. (1995), 130 L.Ed.2d 902, 914-923.