Sunday, April 26, 2015

Freewill's school~ Law of Nations Book III Section 15



§ 15. Enlisting in foreign countries.
As the right of levying soldiers belongs solely to the nation or the sovereign (§ 7), no person must attempt to enlist soldiers, in a foreign country, without the permission of the sovereign; and, even with that permission, none but volunteers are to be enlisted; for the service of their country is out of the question here; and no sovereign has a right to give or sell his subjects to another.
The man who undertakes to enlist soldiers in a foreign country, without the sovereign's permission, — and, in general, whoever entices away the subjects of another state, violates one of the most sacred rights of the prince and the nation. This crime is distinguished by the name of kidnapping, or man-stealing, and is punished with the utmost severity in every well-regulated state. Foreign recruiters are hanged without mercy, and with great justice. It is not presumed that their sovereign has ordered them to commit a crime; and, supposing even that they had received such an order, they ought not to have obeyed it, — their sovereign having no right to command what is contrary to the law of nature. It is not, I say, presumed that these recruiters act by order of their sovereign; and with respect to such of them as have practised seduction only, it is generally thought sufficient to punish them when they can be detected and caught: if they have used violence, and made their escape, it is usual to demand a surrender of the delinquents, and to claim the persons they have carried off. But if it appears that they acted by order, such a proceeding in a foreign sovereign is justly considered as an injury, and as a sufficient cause for declaring war against him, unless he makes suitable reparation.
46 USC § 31343 - Recording and discharging notices of claim of maritime lien
http://www.law.cornell.edu/uscode/text/46/31343
Recorded maritime liens take priority over unrecorded liens and are called preferred maritime liens. The responsibility to record maritime liens is delegated to the UNITED STATES COAST GUARD. They have forms and instructions on their web site. But since there are no requirements for filing a maritime lien, and no proof required, one can provide the public a Notice of Claim of Maritime Lien by recording it with the county or with the Secretary of State or recording it on a UCC1.
Maritime liens are ancient encumbrances on vessels under Admiralty Law to enforce the payment of debts. Merchants and governments like admiralty law because it provides less rights to a debtor than the common law. Because ships can sail out of a jurisdiction, the merchants needed swift execution to collect debts. Therefore a creditor can have a vessel arrested by the police without any proof that the debt exists and without filing the lien. This is called an "in rem" action, in which the vessel or its cargo is seized without any proof. The creditor does not have to prove that the debt is owed unless someone files a counterclaim in a court. Thus a Notice of Lien can be sent to an alleged debtor without any proof or any filing. The courts have termed this a "secret lien" because it is not filed anywhere

It is not possible to arrest people for statutory offenses under the common law. The government is operating under Admiralty law when they arrest 'persons' for statutory offenses. This is considered an 'in rem' action against a vessel. All bankruptcy seizures are also considered 'in rem' actions. Thus the title of the court case "In re Maxwell" means it is in rem. Therefore, it is considered that bank foreclosures, traffic tickets and other government arrests are only "notices of interest" or "notices of lien" based on secret maritime liens that have no proof and are rebuttable with a counterclaim. Therefore a recorded maritime lien would be a valid counterclaim as an affirmative defense against those "notices of interest". Enforcement of maritime liens is discussed in 28 USC 1602 to 1611, which is the Foreign Sovereign Immunity Act. Since a "person" is defined as a "foreign state" and owner of a vessel, these statutes describe daily life in the UNITED STATES.
The most quoted reference that defines a vessel as a person in admiralty jurisdiction is: G. Gilmore & C. Black, The Law of Admiralty p:586-89 (2d ed. 1975)
He defines a vessel as a person and it is also common language in the dictionary and the Bible. Vessel is defined in the US Code at 1 USC 3. Black's Law Dictionary 8th Addition says the definition of vessel is very broad. The standard dictionary defines vessel as "a person as an agent or holder of something".
46 USC § 31343 - Recording and discharging notices of claim of maritime lien look under the US CODE tab      http://www.law.cornell.edu/uscode/text/46/31343
How would you like to be a vessel?
U.S. Department of Justice
United States Marshals Service
Western District of Washington
PROCEDURES TO ARREST A VESSEL
1. Review Local Rules for U.S. District Court, Western District of Washington,
Supplemental Admiralty Rules.
2. File original and one (1) copy of each with the Clerk of the Court for the judge's review:
a. Verified complaint.
b. Motion for Issuance of Warrant for Arrest.
c. Order for Issuance of Warrant for Arrest.
3. Clerk of Court will issue the Warrant for Arrest per order from judge.
4. Deliver the following to the U.S. Marshal's Office:
a. One completed Form USM-285 (Process Receipt and Return) for Warrant for
Arrest. Be sure to include the name and official number of the vessel; a current
location of the vessel including the port, marina, and slip, as appropriate. If there
are any specific instructions relating to the arrest, please note them in the
appropriate section of the Form USM-285.
b. Three (3) copies of the complaint.
c. Three (3) certified copies of the Order Authorizing Issuance of Warrant for
Arrest.
d. The original and three (3) copies of the Warrant for Arrest.
e. A deposit of the ten (10) days costs payable to the U.S. Marshal. Costs included
are: insurance coverage based on the length and value of the vessel, custodian
charges, moorage, towing, etc. The U.S. Marshals will arrange for the placement
of a twenty-four (24) hour guard on all arrested vessels unless there is an Order
for Substitute Custodian. Western Washington requires a minimum of $10,000.00
or $2,000.00 (with Substitute Custodian).
f. Manpower limitations and the priority of criminal matters make it advisable to get
the required paperwork to this office with as much lead-time as possible.
Normally two (2) or three (3) days is sufficient.
An individual who is entitled to a maritime lien may forfeit his or her right if he or she delays in enforcing it or does something inconsistent with the lien. Allowing the ship to depart does not affect the lien; however, the complete destruction of a vessel extinguishes it.
A lienholder must sue in federal court in order to enforce a maritime lien, and anyone holding a lien against the ship can intervene in the action. The court may order a sale of the ship and its cargo and distribute the proceeds to those who establish a valid claim against the ship. Where there are insufficient funds to satisfy every claim, the court determines which liens have priority, and the percentage of recovery that each claimant is entitled to collect.


 The Salvage Act (46U.S.C.A. §§ 727–731 [1912]) provides for compensation to persons who help save a ship or cargo from danger or help recover a ship or cargo from actual loss. To qualify for salvage remuneration, a person must not be acting in service of the ship or in performance of a contract, and the help given must have contributed at least in part to a wholly or partially successful salvage of the ship or goods.

4 comments:

Anonymous said...

http://scannedretina.com/2014/11/17/georgia-the-lawful-state-memorial-to-congress-14th-and-15th-amendments-declared-void/

Are you a known cargo vessel holder or are you a real human? Your ID number confirms you as part of a corporation, a conquered legal vessel.

If by chance, you answer this to its final conclusion you may just lose the name.

After all, uncharted vessels are never stolen or repossessed...
An interesting fact not mentioned in every court pleading.

You do not exist, should you take the appropriate moves to sever all ties to what is commonly referred to as that legal name.

Likewise, is your real loyalties with Man's law or Creator's law?

Only one of them will ever stand undefeated, that being Creator's law.

Freewill said...

scannedretina.com has posted a lot of my material.

Freewill said...

As for the 14th and 15th Amendments.. We have brought back the original thirteenth Amendment and all Amendments after that are null and void as if they never existed.

Anonymous said...

This part sounds like bankruptcy, except the perceived vessel/person is the one who initiates the action to give to the ones claiming to hold the lien.
-----------------------------
An individual who is entitled to a maritime lien may forfeit his or her right if he or she delays in enforcing it or does something inconsistent with the lien. Allowing the ship to depart does not affect the lien; however, the complete destruction of a vessel extinguishes it.
A lienholder must sue in federal court in order to enforce a maritime lien, and anyone holding a lien against the ship can intervene in the action. The court may order a sale of the ship and its cargo and distribute the proceeds to those who establish a valid claim against the ship. Where there are insufficient funds to satisfy every claim, the court determines which liens have priority, and the percentage of recovery that each claimant is entitled to collect.
-----------------------------