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Table of Authorities - Claim of Right
"An entry upon land with the intent to claim the land and to hold it."
Title and Trust Corp v U.S. 264 US 200, 204.
"As regards adverse possession, claim of land as one's own to hold it for oneself."
Tex.Civ.App., 186 S.W.2d1019, 1020.
"Claim of right, claim of title and claim of ownership are synonymous."
Ewing v. Tanner, 193 S.E. 243, 247. Also one in Wyoming.
Description
This section is from the book "The Law Of Real Property and Other Interests In Land", by Herbert Thorn
Dike Tiffany. Also available from Amazon: A Treatise on the Modern Law of Real Property and Other
Interests in Land .
Sec. 520. Necessity of claim of right
It is frequently stated that, in order that one may acquire a rightbyprescription, the user must be under claim
of right.85 Sometimes this requirement is stated as adof such space by another even for his own purpose is
permissive. Gascho v. Lennert, 176, Ind. 677, 97 N. E. 6.
83. See Bennett v. Biddle, 150 Pa. St. 420, 24 Atl. 738.
84. Thompson v. Easley, 87 Ga. 320, 13 S. E. 511; Clark v. Hen-ckel - (Md.) - , 26 Atl. 1039; Dow-ling v.
Hennings, 20 Md. 179, 83 Am. Dec. 545; Barnes v. Haynes, 13 Gray (Mass.) 188, 74 Am. Dec. 629; Jensen
v. Showalter, 79 Neb. 544, 113 N. W. 202; Nicholls v. Wentworth, 100 N. Y. 455, 3 N. E. 482; Craven v.
Rose, 3 S. C. 72 See Scott v. Dishough, 83 Ark. 369, 103 S. W. 1153. But see Wilkinson v. Hutzel, 142
Mich. 674, 10G N. W. 207.
84a. Watkins v. Peck, 13 N. H. 360; Shaughnessey v. Leary, 162 Mass. 108, 38 N. E. 197.
85. Union Mill & Mining Co. v. Ferris, 2 Sawy. 176, Fed Cas. No. 14371; Trump v. Mcdonnell,
120 Ala. 200, 24 So. 353; Barbour v. Pierce, 42 Cal. 657; Brandon v. Umpqua Lumber & TimberCo., 26
Cal. App. 96, 146 Pac. 46; Clarke v. Clarke, 133 Cal. 667, 66 Pac. 10; Medlock v. Owen, 105 Ark. 460, 151
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S. W. 995; Brossard v. Morgan, 7 Idaho, 215, 61 Pac. 1031; Dexter v. Tree, 117 111. 532, 6 N. E. 506; Hill
v. Hagaman, 84 Ind. 287; Parish v. Kaspare, 109 Ind. 586, 10 N. E. 109; Bowman v. Wickliffe, 15 B. Mon.
(Ky.) 84; Rollins v. Black-den, 112 Me. 459, Ann. Cas. 1917A 875, 92 Atl. 521; Sargent v. Ballard, 9 Pick.
(Mass.) 251; Brace v. Yale, 10 Allen (Mass.) 441; Bigelow Carpet Co. v. Wig-gin, 239 Mass. 542, 95 N. E.
938; Wallace v. Fletcher, 30 N. H. 434; Burnham v. Mcquosten, 48 .N. H. 446; Cobb v. Davenport, 32 N. J.
L. 369; Felton v. Simpson, 11 Ired. L. (33 N. C.) 84; Louisville & N. R. Co. v. Ihiys, 11 Lea, ditional to that
of the adverseness of the user, and sometimes as explanatory of what the requirement of adverseness means.
In whichever way it be asserted, the recognition of such a requirement, like that of claim oftitle as a
prerequisite to the running of the statute of limitations in favor of one wrongfully inpossessionofland,
involves considerable difficulty. It appears to be conceded that this requirement of claim of right does not
involve any necessity of a verbal assertion, during the period of user, of a right to exercise such user, and that
it is sufficient if an assertion of such a claim can be inferred from the circumstances of the user itself.86 And
so it has been stated that, in the absence of evidence to the contrary, the user of another's land without
interruption for the prescriptive period will be presumed to have been under claim of right.87 This
requirement of claim of
(Tenn.) 382, 47 Am. Rep. 291; Dodge v. Stacy, 39 Vt. 558; Wilder v. Wheeldon, 56 Vt. 344; Kent v.
Dobyns, 112 Va. 586, 72 S. E. 139; Bisbee v. Lacky, 97 Wash. 447, 166 Pac. 638. In Boyd v. Morris, 32 Ky.
L. Rep. 642, 106 S. W. 867, it is said to be immaterial whether the adverse use of a passway over the land of
another is claimed as a matter of right or merely as a matter of convenience.
86. Deerfield v. Connecticut R. R., 144 Mass. 325, 11 N. E. 105: Smith v. Putnam, 62 N. H. 369; Hammond
v. Zehner, 21 N. Y. 118; Townsend v. Bissell, 4 Hun (N. Y.) 297; Snowden v. Bell, 159 N. C. 497, 75 S. E.
721; Pavey v. Vance, 56 Ohio St. 162, 46 N. E. 898; Hall v. Austin, 20 Tex. Civ. App. 59, 48 S. W. 53;
Barber v. Bailey, 86 Vt. 219, 44 L. R. A. (N. S) 98, 84 Atl. 608; Dodge v. Stacy, 39 Vt. 558. An Iowa statute
provides that user shall not be evidence of a claim of right, and that expressnotice of the claim must be
given. See Gates v. Colax Northern R. Co., 177 Iowa, 690, 159 N. W. 456; Mcbridge v. Bair, 134 Iowa, 611,
112 N. W. 169.
87. Smith v. Ponsford, 184 Ind. 53, 110 N. E. 194; Mitchell v. Pratt, 177 Ky. 438, 197 S. W. 961; Blake v.Everett, 1 Allen (Mass.) 248; Miller v. Garlock, 8 Barb. (N. Y.) 153; Pavey v. Vance, 56 Ohio St. 162, 46 N.
E. 898; Barber v. Bailey, 86 Vt. 219, 44 L. R. A. (N. S.) 98, 84 Atl. 608; Poronto v. Sinnott, 89 Vt. 479, 95
Atl. 647; Muncy v. Updike, 119 Va. 636, 89 S. E. 884; Rogerson v. Shepherd, 33 W. Va. 307, 10 S. E. 632;
Wend-ler v. Woodward, 93 Wash. 684, 161 Pac. 1043.
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But theburden of proof, in the sense of risk of non persua right thus appears to resolve itself into a
requirement merely of a user which will justify an inference or presumption of such a claim, and the only
user which can possibly satisfy this requirement is obviously a user "as of right," that is, a user
unaccompanied by any recognition of a right in the landowner to stop such user. It would be more
satisfactory if the courts, instead of asserting that the user must be under claim of right, would assert merely
that it must be "as of right"88 or would be satisfied with the statement that it must be adverse, which
apparently means the same. As it is not necessary that the person exercising the wrongful use verbally assert
a claim of right to make such use, so, it is conceived, it is not necessary that he believe himself to have such a
right, that is, a mental claim of right is no more necessary than a verbal claim of right. It is recognized that
good faith is not necessary to entitle one to the benefit of the statute of limitations,89 and there is no reason
for regarding it as necessary for the application of the doctrine of prescription.90 sion of the jury, is
necessarily upon the person asserting the prescriptive right. Shea v. Gavitt, 89 Conn. 359, L. R. A. 1916A
689, 94 Atl. 360; Rollins v. Blackden, 112 Me. 459, Ann. Cas. 1917A 875, 92 Atl. 521; Smith v. Sedalia,
152 Mo. 283, 48 L. R. A. 711, 53 S. W. 907; St. Martin v. Skamania Boom Co., 79 Wash. 393, 140 Pac. 355;
District of Columbia v. Robinson, 180 U. S. 92, 45 L. Ed. 440 (dictum).
88. As in Polly v. Mccall, 37 Ala. 20; Stevens v. Dennett, 51 N. H. 324; Worrall v. Rhoads, 2 Whart. (Pa.)
427; Webster v. Lowell, 142 Mass. 324, 8 N. E. 54.
In the English Prescription
Act, the two expressions "as of right" and "claiming right" are used, and they are regarded as similar in
meaning. Tickle v. Brown, 4 Ad. & El. 369, and "as of right," it has been decided, means as a person
rightfully entitled would have enjoyed the user. Bright v. Walker, 1 Cromp. Mees. & Ros. 211, while the
user is not "as of right" if permissive. International Tea Stores v. Hobbs (1903) 2 ch. 165; Gardner v.
Hodgson's Kingston Brewery (1903) App. Cas. 229.
89. Ante, Sec. 504 note 72.
90. The decision in Wilder v. Wheeldon, 56 Vt. 344, that the claim of a right of way by prescription wasdefeated by
Similar idea in Jersey
http://www.judiciary.state.nj.us/criminal/charges/theft002.pdf
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http://www.irs.gov/pub/irs-drop/rr-04-29.pdf
Defense of Property under the Common Law - LexisNexis
http://www.lexisnexis.com/lawschool/study/outlines/html/crim/crim10.htm
[3] Claim of Right When a person asserts a claim of right to property in the possession of another and
seeks to reclaim such property, the possessor is not justified in using force to thwart the dispossession if he
knows, believes, or as a reasonable person should believe, that the claimant has a legitimate claim of right to
possession of the property in question. Since the use of force to protect property is legitimate only if the
act/attempted act of dispossession is unlawful, in such cases of a legitimate claim to property, the act of
dispossession is lawful.
[A] Common Law A person in possession of real or personal property is justified in using non-deadly
force against a would-be dispossessor if he reasonably believes that such force is necessary to prevent
imminent and unlawful dispossession of the property. Under no circumstances may a person use deadly force
to prevent dispossession.
CANADA CODE
39. (1) Defense with claim of right - Every one who is in peaceable possession of a personal property under a
claim of right, and every one acting under his authority, is protected from criminal responsibility for
defending that possession, even against a person entitled by law to possession of it, if he uses no more force
than is necessary.
(2) Defence without claim of right - Every one who is in peaceable possession of personal property, but does
not claim it as a right or does not act under authority of a person who claims it as of right, is not justified or
protected from criminal responsibility for defending his possession against a person who is entitled by law to
possession of it. [R.S. c.C-34, s.39.]
This article is Research Machines plc 2009. All rights reserved. Helicon Publishing is a division of
Research Machines plc.
Canadian Claim of Right Declaration!
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Notice of Understanding and Intent and Claim of Right
Understanding and Intent And Claim of Right I, [First]-[Middle]: [Last Name], a flesh and blood man
and Sovereign Spiritual Being, do hereby make Oath and state the following is My Truth and My Law;
Whereas it is my understanding Canada is a common law jurisdiction, and,
Whereas it is my understanding equality before the law is paramount and mandatory, and,
Whereas it is my understanding a statute is defined as a legislated rule of society which has been
given the force of law, and,
Whereas it is my understanding a society is defined as a number of people joined by mutual consent
to deliberate, determine and act for a common goal, and,
Whereas it is my understanding that for something to exist legally it must have a name, and,
Whereas it is my understanding the only form of government recognized as lawful in Canada is a
representative one, and,
Whereas it is my understanding representation requires mutual consent, and,
Whereas it is my understanding that in the absence of mutual consent neither representation nor
governance can exist, and,
Whereas it is my understanding all Acts are statutes restricted in scope and applicability by the
Constitution Act, and,
Whereas it is my understanding Section 32 of the Constitution Act limits it to members and employees
of government, and,
Whereas it is my understanding those who have a SIN (Social Insurance Number) are in fact employees
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of the federal government and thus are bound by the statutes created by the federal government, and,
Whereas it is my understanding that it is lawful to abandon one's SIN, and,
Whereas it is my understanding people in Canada have a right to revoke or deny consent to be
represented and thus governed, and,
Whereas it is my understanding if anyone does revoke or deny consent they exist free of government
control and statutory restraints, and,
Whereas it is my understanding that a claim of right establishes a lawful excuse and that this factual
truth is expressed in Section 39 of the Criminal Code of Canada, and,
Whereas it is my understanding that if one has lawful excuse one may choose to not obey a court,
tribunal, statute, Act or order, and that this factual truth is expressed in Sections 126 and 127
of the Criminal Code of Canada, and,
Whereas it is my understanding that Section 15 of the Criminal Code of Canada does not clearly express
that one may be charged for failure to obey a de facto government or court, and,
Whereas it is my understanding that all existing courts and governments are de facto only and not de
jure, and,
Whereas it is my understanding that a man by the name of Marc Dumais did while acting as a General in
the Canadian Armed Forces sign an agreement allowing for foreign armed soldiers to be used in Canada
against Canadians, and,
Whereas it is my understanding that this agreement was signed in conspiracy with Stephen Harper, a man
playing the role of Prime Minister of Canada, and,
Whereas it is my understanding that Section 46 of the Criminal Code of Canada states that everyone
commits treason if amongst other things they levee war against Canada or do any act preparatory
thereto; or without lawful authority, communicates or makes available to an agent of a state other
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than Canada, military or scientific information which is aiding or abetting any foreign state or
entity which threatens the sovereignty, unity of Canada, and,
Whereas it is my understanding that the agreement they entered into was done in secrecy and without
public input or discussion and in contravention of Section 46 of the Criminal Code of Canada, and,
Whereas it is my understanding that as a Freeman-on-the-Land in this common law jurisdiction that I
have the duty to stand in defence of the country of Canada and its sovereign people against foreign
armed troops who attempt to invade, govern or police me or my Country, and,
Whereas it is my understanding that this duty is not affected by agreements made by treasonous and
de facto government agents, and,
Whereas it is my understanding that a Canadian General does not have the power or mandate to enter
into Treaties with a foreign power, and,
Whereas it is my understanding that agreements made on behalf of Canada by traitors to Canada do not
bind the people of Canada, and,
Whereas I do firmly and truly believe the aforementioned agreement is an overt act of treason, and,
Whereas it is my understanding that agreeing or conspiring to agree to allow armed foreign troops to
patrol and police our streets is an act of treason, and,
Whereas a Freeman-on-the-Land has lawfully revoked consent and does exist free of statutory
restrictions, obligations, and limitations, and,
Whereas I, _________________________________________ am a Freeman-on-the-Land, and,
Whereas it is my understanding that acting peacefully and does not violate common law, and,
Whereas as I am a Freeman-on-the-Land who operates with full responsibility and I do not see the need
to ask permission to engage in lawful and peaceful activities, especially from those who claim limited
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liability, and,
Whereas it is my understanding a by-law is defined as a rule of a corporation, and,
Whereas it is my understanding corporations are legal fictions and require contracts in order to claim
authority or control over other parties, and,
Whereas it is my understanding that I can use a Notary Public and/or three witness signatures to perform
duties found under any Act including thus a Notary Public or three witness signatures gives the power
to hold court and hear evidence and issue binding lawful judgments, and,
Whereas it is my understanding that I have a right to create and maintain a court de jure of right;
legitimate; lawful, byright and just title; "by law", and to have free-men, government agents, and
any other people whom violate my common law rights and/or the rights of my friends and family tried
in a court de jure, and,
Whereas it is my understanding that I have a right to use my property without having to pay for the use
or enjoyment of it, and,
Whereas it is my understanding that I have the right to claim up to 160 acres, settle on, and own,
existing unsurveyed Crown Land and lawfully claim it as mine (without limitation), and grant myself full
Allodial Title to it, and,
Whereas it is my understanding that I must live on it as my main place of domicile, and,
Whereas it is my understanding that I must steward the land properly, improve it in some fashion, either
by clearing land for argriculture, harvesting timber, or otherwise, and,
Whereas it is my understanding that I may pass the land on to my heirs if I have any when I die, and Iunderstand that it reverts to being claimable if I do not do so, and,
Whereas it is my understanding that I have the right to possess and use all of God's plants and their
natural products for consumption, medication and other peaceful purposes, and,
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Whereas it is my understanding that public transportation is in fact and actuality public property to
which I have the right of use and access without having to pay, and,
Whereas I claim the right to collect a pension if I have paid into it and claim that said right is not
affected if I abandon my Social Insurance Number, and,
Whereas it is my understanding that a summons is merely an invitation to attend and the ones issued in
my province create no obligation or dishonor if ignored, and,
Whereas it is my understanding peace officers have a duty to distinguish between statutes and law and
those who attempt to enforce statutes against a Freeman-on-the-Land are in fact breaking the law, and,
Whereas it is my understanding that I have the power to refuse intercourse or interaction with peace
officers who have not observed me violate common law, and,
Whereas it is my understanding that permanent estoppel by acquiescence barring any peace officer and/or
prosecutor from bringing charges against a Freeman-on-the-Land under any Act is created if this claim
is not responded to in the stated fashion and time, and,
Whereas it is my understanding that the common law right to travel on the highways without license
is lawful and still exists although it does appear to have been deceptively hidden, and,
Whereas it is my understanding that I have the common law right to travel on public roads for
non-commercial purposes, without registration, license, or insurance, and,
Whereas it is my understanding that free unencumbered possession and use of arms and firearms for
protection of person, property, country and livelihood is considered lawful and just, and,
Whereas at my discretion I may possess arms and firearms free of statutes and regulations for
lawful purposes, and,
Whereas it is my understanding that the act of registering the birth of a baby creates a legal
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entity called a person that exists in association with that baby and that the manner in which
offspring are registered transfers superior guardianship rights over that offspring to the
government, and,
Whereas it is my understanding that this creation of a person and transfer of authority is not
fully disclosed to the parents, and,
Whereas it is my understanding that the person and the human being to which it is associated
are two very separate and different things and that the people playing roles in government
only have the right to act upon the legal person and not the Sovereign Spiritual Being, and,
Whereas it is my understanding that if I do not exist in association with a person I cannot be
lawfully governed by the people playing roles in government, and,
Whereas it is my understanding that I am not obliged to obey the orders of anyone claiming to
be a Queen or King or those acting on behalf of such an entity, as no one who does make
preposterous claims that abandon and erode the concept of equality has any authority over me,
and,
Whereas it is my understanding that the people in the government are merely playing roles, and,
Whereas I AM NOT PLAYING, and,
Therefore be it now known to any and all interested, concerned or affected parties, that I,
_____________________________ am a Freeman-on-the-Land and do hereby serve notice and state
clearly specifically and unequivocally my intent to peacefully and lawfully exist free of
all statutory obligations, restrictions and that I maintain all rights at law to trade,
exchange or barter and exist without deceptive governance and to do so without limitations,
restrictions or regulations created by others and without my consent.
Furthermore, I claim that these actions are not outside my communities' standards and will
in fact support said community in our desire for truth and maximum freedom.
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Furthermore, I claim the right to engage in these actions and further claim that all property
held by me is held under a claim of right as mentioned in the Criminal Code of Canada.
Furthermore, I claim that anyone who interferes with my lawful activities after having been
served notice of this claim and who fails to properly dispute or make lawful counterclaim is
breaking the law, cannot claim good faith or colour of right and that such transgressions
will be dealt with in a properly convened court de jure.
Furthermore, I claim that the de facto courts in Canada are bound by the Law and Equity
Act and are in fact in the profitable business of conducting, witnessing and facilitating
the transactions of security interests and I further claim they require the consent of both
parties prior to providing any such services.
Furthermore, I claim all transactions of security interests require the consent of both
parties and I do hereby deny consent to any transaction of a security interest issuing
under any Act for as herein stated as a Freeman-on-the-Land I am not subject to any Act.
Furthermore, I claim my FEE SCHEDULE for any transgressions by peace officers, government
principals or agents or justice system participants is FIVE HUNDRED DOLLARS PER HOUR or
portion thereof if being questioned, interrogated or in any way detained, harrassed or
otherwise regulated and FIVE THOUSAND DOLLARS PER HOUR or portion thereof if I am handcuffed,
transported, incarcerated or subjected to any adjudication process without my express written
and Notarized (and/or witnessed by three signatures) consent.
Furthermore, I claim the right to use a Notary Public and/or three witness signatures to secure
payment of the aforementioned FEE SCHEDULE against any transgressors who by their actions or
omissions harm me or my interests, directly or by proxy in any way.
Furthermore, I claim the right to convene a proper court de jure in order to address anypotentially criminal actions of any peace officers, government principals or agents or
justice system participants who having been served notice of this claim fail to dispute
or discuss or make lawful counterclaim and then interfere by act or omission with the
lawful exercise of properly claimed and established rights and freedoms.
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Furthermore, I claim the law of agent and principal applies and that service upon one is
service upon both.
Affected parties wishing to dispute the claims made herein or make their own counterclaims
must respond appropriately within TEN (10) days of service of notice of this action.
Responses must be under Oath or attestation, upon full commercial liability and penalty
of perjury.
Failure to register a dispute against the claims made herein and then successfully defeating
these claims in a proper court of law will result in an automatic default judgment securing
forevermore all rights herein claimed and establishing permanent and irrevocable estoppel
by acquiescence barring the bringing of charges under any statute or Act or regulation
against My Self Freeman-on-the-Land ______________________for exercising these lawful and
properly established rights, freedoms and duties.
Place of Claim of Right: (City), (Province), (Country)
and/or:
Notary Public: ____________________________________
http://www.pnnac.org/secure/Notice-Of-Understanding-And-Intent.html
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Claim of Right for Americans 4:07 PM on Apr. 10, 2008
We all use artificial entities everyday. Our all caps name registered with the government. All law, and I
mean, ALL LAW, applies to this name only, not us. We are all free and don't know it. We are the voluntary
surety for this name only.
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Writing up a claim of right for Americans who want some ideas on how to extricate themselves from the
deception of the commercial federal United States government (a corporation) and the State governments
that have contracted with this federal legal entity. These legal entities are governed by the federal registry
and US Code (commercial code based on the Napoleonic Civil Code), which itself is governed by the
Uniform Commercial Code. The New World Order uses commerce (communism) to control us and tax us
via a legal entity it creates when we register our name with government. This name become "identification".
This identification is, in fact, not us. It's a legal entity to which all government law applies.
Since governments are non-living entities and can't have authority over a living being, they have to go
through an interface, the "identity". We have volunteered into commercial law acting a non-living legal
entity, the fourteenth amendment "citizen of the United States" through social security, voting registration,
driver's licenses, and resident status. We, as living beings, are not "citizens", "residents", "persons", nor
"taxpayers" - only our non-living identification as a legal entity is. The fourteenth amendment grants only
privileges to "citizens", not rights. If we claim to be "citizens", "residents" or "persons" then we have
lowered our political status as is recognized by governments. Then we are, in effect, claiming not to have
rights, unless we then actively claim them from that position..
One way to be free is simply agree not to be surety for any debt, or criminal or civil charge. "I do not consent
to be surety for the debt or charge on that artificial entity".
Another way to claim our rights is to bind public officials to the Bill of Rights of the Constitution and claim
the political status of "the people", an article IX entity of the Bill of Rights.
Another way is to set things up ahead of time by establishing material facts as our private law about who we
are as living beings, and the nature of the non-living de facto federal and state governments.
There are a few ways to establish private law which can be the exonerating facts in any government case
imposed upon the legal name that we once thought was ours, and through which we used to think we have nochoice but to act. One way that seems to be working for a lot of people is through establishing by tacit
admission (non-response and admission thereby) of those in control of the government, for certain claims we
are making about our freedom, or admissions of truth that we make about ourselves as living entities, or with
questions that we ask to them about the nature of the de facto corporate governments.
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There are also several methods by which one can establish tacit admission of facts. They all involve non-
response by government officials to the questions, claims or charges that you make of them. One of them is
to send a claim of right to the men and women (in their private capacity) doing business as the public
officials in government, the men and which are supposed to be under Oath of Office and acting in their
private capacity to protect our rights (ie, Mayors, Governors, Senators, President, etc) using a notary process
similar to Jack and Margy Flynn. By doing this we are both bypassing the corporate entity name that we use
in commerce, and also bypassing the corporate non-living entities in which they are unlawfully acting as de
facto members of the United States, talking to them directly man to man, as those people who are supposed
to be under oath to the Constitution.
I'm still working on this... please comment if you notice conceptual errors. I would like to have a consensus
of people on whether or not we should be referring to ourselves as Sovereign State Citizens, or as Sovereign
Free Men-on-the-land (the fact that we are not de facto citizens -small c- is not in dispute).
Be sure to claim that the men and woman acting as public officials are to uphold the Bill of Rights, and that
you are of the political status of "the people". "the people" are the political status that is free. Listen to Eric
WhoRU on WTPRN.com for more information on political status of "people" vs "citizen".
This is very powerful stuff. Many people are having great success with using ideas like this. This is all brand
new stuff for me so please visit thinkfree.ca forums for more details and discussion and watch the videos by
Robert-Arthur:Menard, Irene Gravenhorst, and Winston Shrout in my Must See Freedom Videos post.
Notice of Understanding and Intent and Claim of Right
Whereas it is my understanding that:
the common law is that which derives its force and authority from the universal consent and immemorial
practice of the people.
that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that
among these are the right to Life, Freedom and the right to sole ownership of both property and land, and;
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equality before, not under, the law is paramount and mandatory, and;
Thomas Jefferson said: A free people [claim] their rights as derived from the laws of nature, and not as the
gift of their chief magistrate." --Thomas Jefferson: Rights of British America, 1774. ME 1:209, Papers 1:134
That "every man is independent of all laws except those prescribed by nature. He is not bound by any
institution formed by his fellow men without his consent." Cruden v Neale 2 NC.338(1796) 2 S.E. 70
no law of man can ever govern the conduct of people on the land, only those who work in a capacity of
government officials and agents and employees in their lawful duty to protect the life, liberty and property,
and;
the lawful functions of any government cannot infringe upon the freedom granted to men and women on the
mand by their creator, and;
A society is defined as a number of persons joined by mutual consent to deliberate, determine and act for a
common goal, and;
A statute is defined as a legislated rule of society which has been given the force of law only within that
society, and:
A by-law is defined as a rule of a corporation, and;
the United States of America is a federation of fifty artificial nation states, the government of each state
bound by the Constitution for The United States of America, and;
The Constitution for The United States of America, and the public acts of all states and the federal
government, established corporate legal entities called governments on the land known as the United States
and the several States, and;
The Constitution of The United States of America is a document to which all public acts must abide, and;
the current acting federal government on the land commonly known of as the United States of America is a
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power de facto, is referred to as the United States, and has no authority over men and women on the land,
and;
The United States is a corporation as per public policy 29 USC 3002.
corporations are artificial legal entities that can contract only with other legal entities by the hand of living
agents, and only with full disclosure between the agents thereof, full disclosure of the definition of all words,
the assumption that those definitions rest upon, and the implications that extend therefrom of all clauses of
such contracts in order to claim authority, power or control over those contracting parties, and;
The Constitutions and public acts for The United States of America and the respective States do not bind nor
extend to people on the land, only to natural and artificial persons, and;
the Law Societies and Bar Associations of the United States and the respective states are the societies whose
members create the statutes of the United States, therefore these statutes apply only to citizens of those
societies, the artificial persons who are subject to the jurisdiction of the United States, or those artificial
persons whose trustee acts in his personal capacity as an employee of those societies, and;
The Constitution of The United States of America and it's public acts, the Constitutions and public acts of
each of the respective states, and all de facto counterparts, apply only to citizens, residents, persons and the
like - artificial persons representing the government officials, agents and employees of each level of
governments, and;
a "person" "resident" or "citizen" of the Constitution of the United States of America and the Bill of Rights
and all statutes, code, ordinances and by-laws of the United States and of all States and Municipalities refers
to artificial political entities, and;
all law of the United States and respective States applies only to artificial persons, and those sworn to uphold
these laws, and;
The United States and all governments and courts on the land commonly known of as United States of
America are corporations, and have no authority over sovereign men and women on the land, and;
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The US Code and State Codes, are commercial law governed by the Uniform Commercial Code, and;
for something to be subject to the jurisdiction of the United States it must be an artificial person subject to
the jurisdiction pursuant to the fourteenth amendment of the Constitution of The United States of America,
and;
that the term 'citizen' as defined in the fourteenth amendment of the Constitution of the United States of
America is the term used to denote the political status of the artificial entity of government employee or
officer, and;
A citizen is an artificial person subject to the jurisdiction of the United States as per the fourteenth
amendment to the Constitution for the United States, and is also subject to those corporate state entities
which have contracted with the United States, and;
that one unknowingly acting as the legal entity of a citizen under the fourteenth amendment is interpreted by
those running the United States as not enjoying the full extent of freedom God allows, even though full
disclosure of this legal status has not been established, and;
there is no such thing as a contract, or social contract, without the universal agreement of parties thereto over
time, and;
people may only act as the priniciple of any contract, or the surety for issues involving artificial persons with
their continual agreement and consent over time, and;
one who does not consent to act as surety for an artificial entity may choose not to, and that there can be no
lawful consequence for not doing so, and;
living beings who act as surety for an artificial entity subject to the jurisdiction of the United States, and in
that capacity may not be exerting his sovereign freedom and rights, has the freedom and private right to do soand may choose to do so at any time, and;
the terms "community" and "community standards" are deceptive and used to impose unlawful legal control
and conformity upon the people on the land and the land itself, and;
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a name is that which is designated to property by the owner thereof, and;
someone's given and family names under their creator are not the same as the first and last names written on
any commercial instrument or court document which may resemble one's God given name, and;
when someone is born they do not have first hand knowledge of who they are, what they are or where they
are, nor do they have first hand knowledge of who their parents are, nor could they pick them out of a line up
of two - therefore any knowledge of who our parents are or what the people we commonly know of as our
parents have told us regarding our supposed time and date of birth in a de facto court of law for purposes of
"identification" is hearsay, and offering such information would be entering into fraud, and;
that those in control of the government de facto of the United States of America deceptively entice others,
through application for citizenship or residency, limited liability, and use of a social insurance number, to act
in commerce in a capacity of an artificial entity created and controlled by the United States, and therefore as
de facto government employees/citizens, and refer to them and tax them through commerce as their chattle
property, and;
one may apply, register, and/or submit to the United States for creation and use of a artificial entity, a legal
name similar to the lawful name of the one who applies, but only the legal name created, being legally
"owned" by the United States, is subject to the jurisdiction of the United States under the fourteenth
amendment of the Constitution of the United States, and;
the name and date of birth on a birth certificate are merely proof of the facts so certified thereon in any court
in the United States, or any of the States, can only be used by those acting as artificial entities in a de facto
manner (in fraud), have no relation to any sovereign man or woman, and cannot lawfully used for purposes
of "identification", and;
no information stemming from a birth certificate, nor information stemming from second hand knowledge ofone's birth can lawfully be used to in a court of law, and use of such by the courts is in fraud, and;
using a Social Security Number is prima fascia evidence of acting in the capacity of a citizen or artificial
person, government employee or officer, and;
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those who use a Social Security Number (SSN) are acting through a legal name as officers or employees of
the de facto federal government, only the legal person to which they are trustee bound by the de facto statutes
and bylaws created by the Federal government, or by legal contractual extension, the de facto State and
Municipal governments, and;
those who are in control of the government of the United States of America consider men and women as
instruments of production, and lure men, women and children into acting as legal entities for the purposes of
taxation and control, and;
that the income tax is an excise tax derived from what those in control of the legal entity the United States
consider as for use of their legal property, for the "privilege" of using "benefits" offered by this de facto
government, and;
that courts and tribunals of federal jurisdiction and those courts of the fifty states that have contracted with
the de facto United States cannot be of lawful authority without the full consent of all parties involved in a
case, and;
the courts of the United States and States conduct the profitable business of witnessing and facilitating
transactions of security interests, and;
the current courts in the United States and in the several states are corporations, and operate on a system of
double entry accrual bookkeeping, which is unlawful, and;
use of the current court system of the United States and States and Municipalities is a benefit in fact, and;
that any transaction of a security interest requires the consent of both parties prior to providing any such
services, and;
statutory or by-laws stating that persons must identify themselves refer only to non-living legal entities
themselves, and do not extend to men women or children who may use a legal entity name of the United
States, and;
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there is no lawful obligation for anyone to ever "identify" themselves, and;
peace officers are under United Nations contract, and;
the term "police officer" means a corporate policy enforcer, and;
police officers who ask for identification are not acting under their oath of office and therefore are not acting
lawfully, and;
"eminent domain" only involves legal title to property, not lawful claim, and.
that the Federal Reserve is a private corporation, and that the lawful money of the United States of America
has been replaced with private legal tender and credit, the use thereof by those acting through their legal
entities are considered as taxable events by the de facto corporate government of the United States, and;
HJR-192 and the Bretton-Woods Agreement removed lawful money from circulation in the United States of
America.
a crime is that which is committed by a government official, agent or employee against the lawfully
protected interests of the people on the land, and;
breaching of the peace is the breaching of de facto code, statute, or by-law, by an artificial entity, and;
a free man or woman on the land cannot breach the peace nor break the law of any corporation or
government on the land, and;
that as a sovereign Free Man-on-the-land I cannot commit a crime nor break a law of the United States, nor
breach a statute or code, and;
breaking the law, as committed by a sovereign Free Man-on-the-Land, is not equivalent to a crime as
committed by someone acting in the name of government or under the de facto government, nor to the
breaching of a statute or by-law by which government officials, agents and employees are governed, and;
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de facto courts often try to deflect the fact that they have no evidence of the existence of an injured or
complaining party and therefore no probable cause for a case, by arguing that a peace officer had "reasonable
belief" or "probable cause to believe" a crime was committed, or that an accused's defense is hearsay, when
in fact it's the officer's complaint itself which is based on hearsay and there is no evidence of an unlawful
event, or existence of an injured or complaining party, and;
anyone who has already applied and registered for, and use, any artificial legal entity of any government
including the United States, has not had their God-given freedom and the rights as a sovereign infringed,
even though the civil, natural and political rights of the artificial person/citizen created are not equivalent to
God-given freedom and the rights of the man or woman who has applied, and;
I may claim damages and bill those people acting as lawful or legal entities of any government or acting de
facto government infringes on the freedom granted to me by my creator as a living sovereign man on the
land, and;
that any action for which one can apply for and receive a license must itself be a fundamentally lawful action
and does not need a licence, and;
that anything for which one can apply for insurance must lawfully be something for which one can own and
use under full liability and is not obliged to have limited liability insurance for, and;
that automobiles for which one can apply for and receive a license and/or registration to own and use on the
land must fundamentally be lawful to own and use on the land, including what de facto governments term
"public land or highways", therefore does not need a licence and/or registration, and;
that it is perfectly lawful to own land of any of the several States by allodial title or land patent or Claim of
Right, and this not depend on, nor can be supplanted by any concurrently registered legal title of the land
with any de facto local, state or federal government, and;
because no lawful money of the Constitution of the United States of America is in circulation does not mean
that we cannot use federal reserve notes to buy and lawfully own land of what is commonly known of the
United States of America or any of the States thereof, and;
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that remedy from unbonded de facto statutes and by-laws must, in the imperative, exist for those who have
unknowingly been enticed to act as legal persons - as employees of the de facto governments on the land
mass known as the United States of America, so as that those who operate, and operate in obedience to, the
de facto government, do not force people into involuntary servitude and;
that, acting as a unbonded de facto government employee citizen, remedy exists because, as de facto
statutory law is always speaking, and as the definition of the words "shall" and "must" are yet to be construed
in the imperative sense, this means that the words "shall" and "must" have not currently been defined in
statutory law, therefore, one acting in the capacity of an artificial entity may deny consent to be governed
through it, and;
someone unknowingly acting as a legal entity can, upon learning he is acting as a legal entity, can simply
deny consent to be surety for criminal or civil charges on that legal entity, or act or perform as a legal entity,
unless one is a public official, agent or employee under oath to uphold the Constitution for the United States
of America and it's laws, or acting in a de facto capacity as a public official, agent or employee of the United
States and subject to uphold the laws of the United States, and;
all those who work for government agencies, courts and police, whether acting knowingly or not as a legal
entity, must be bonded and under oath to uphold the Constitution of The United States of America so as to
protect and indemnify those they serve, lest he or she be subject to criminal charges or commercial processes
and;
to lawfully hold office, government officials must be bonded and under oath to uphold their respective State
Constitution, Constitution for the United States of America, and also the State statute and code and federal
statute and code that applies to their office, and are always subject to these laws, and cannot lawfully evade
prosecution or commercial processes for not upholding these laws, and;
Writs of Indictment or verified criminal complaints can be presented by a sovereign Free Man-on-the-land
before a properly convened Grand Juries and courts de jure to indict those members of corporations and defacto governments who infringe upon the God-given rights of the people, and;
it is perfectly lawful for anyone on the land commonly known of as the United States of America to not be
known as, or do business as an artificial entity, and to abandon one's legal name and SSN altogether and act
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solely as a Free Man-on-the-land of what is commonly known of as the United States of America, and;
people on the land commonly known as the United States of America have the God given freedom to revoke
or deny consent to be known as a citizen or Citizen, and thus to be governed through the legal name to which
they can act as trustee, and;
if anyone does revoke or deny consent to be governed as an artificial legal entity/government employee, they
are clarifying their status which is eternally true - to lawfully exist free of all government control and
statutory and commercial code restraint that exists and acts upon the legal name fraudulently misrepresenting
the God-given name of people on the land, and;
a common law claim of right in one's God-given name, claiming and clarifying that which is eternally true -
that of the God-given freedom and right to exist free of involuntary servitude, by claiming the eternal truth of
ownership and possession of one's body, land, and property over, above, and separate from, the de facto legal
title that denotes chattle property - establishes lawful excuse, and;
one with lawful excuse may choose to not obey a statute, Act, regulation, court, tribunal, order, warrant,
summons, or the like, that are created and used by those in, or who represent, the de facto possession of
sovereign power, and;
a Free Man-on-the-Land has lawfully claimed to be free from governance, and to be free from governance as,
or through, an artificial entity, and exists free of all statutory or codified restrictions, obligations, and
limitations, and;
traveling freely, and/or running private non-commercial business, by any means, on the land, roads,
highways and seas is a God-given right that cannot be forcibly regulated or taxed by commerce, and;
giving lawful notice, someone from another country may live on the land commonly known of as the United
States of America, and may not be detained or restrained against his liberty, or deprived of this life orproperty, by those acting for government, and;
the people on the land and notaries are senior to any judge of the United States of America and it's repective
States, and;
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Therefore be it resolved and known to any and all concerned and effected parties, that I, Lake-Shore:Baby, a
Free Man-on-the-Land do hereby state clearly, specifically and unequivocally my intent:
to claim that my body and all property in my possession is my own and cannot be used by others without
my consent, and;
to do anything I so wish without interference from any government, agency, court or police operating on the
land commonly known of as the United States of America, and;
to act and be recognized by all governments courts and public officials and officers operating on, over and
above the land commonly known of as the United States of America forevermore with full God-given
freedom and the rights which stem therefrom, and;
To lawfully exist free of all statutory and commercial obligations and restrictions, and maintain all rights at
law to trade, exchange or barter;
to lawfully buy, own, possess, use and sell anything without interference from any government, agency,
court or police of the United States or the States, and;
To travel lawfully on the land commonly known as the United States of America by whatever means I
deem necessary without interference from de facto governments, courts or police, or any other entity thereby
contracted to any government or court acting on the land, and;
Therefore, to communicate clearly to the de facto governments on the land of the United States of America, I
claim from my authority as a living man on the land, granted to me by my creator, undisturbed by de facto
statutory law and the law of persons, the following unalienable freedoms and rights:
this is lawful notice that I have a bilateral binding contract with all men and women acting as public
officials and agents of the United States and all States, and all corporations they underwrite, involving the
Constitution of the United States of America, including but not limited to the Bill of Rights and what is
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commonly known of as the Thirteenth Amendment to the Constitution for the United States of America.
that I am Lake-Shore:Baby, a living sovereign Free Man-on-the-Land, my given and family names as
granted to me by the creator of all living things, acting under his authority and power alone, and;
that I am of not of any political class or jurisdiction of the Constitution for the United States of America, but
am of equal or greater political status of any entity defined therein, and;
that I claim and reserve all freedoms and rights as granted to me by my creator.
as a soul in the knowledge of God and not the chattel property of anyone nor anything, the ownership and
the right to soul possession of my body, and enjoyment of it in any way I see fit, free from any interference
from corporations and de facto governments, agencies, courts and police, and any entity, person, man or
woman that acts on their behalf and;
as I am not chattle property, nor a child, citizen, person, resident, taxpayer, employee of, or residing with,
any government, nor any other word that denotes an entity with diminished freedom and/or rights,
I do not need to ask permission from any government to engage in any activity, and;
that the above claims generate lawful excuse to disobey any law of the United States or the respective States
and Municipalities, and;
since private commerce has an unlawful monopoly on the land, the right to use the legal entity that
represents me with the United States to conduct business of any type without having the freedom and rights
granted to me by my creator infringed, and;
Notaries having the superior authority to any judge of the United States and the States, may hold court and
hear evidence and issue binding lawful judgments and;
the right to use the any law of the United States and a Notary Public to perform duties found under any Act
to claim recourse against those public officials who violate my freedom and rights and, free from
intimidation to myself or to the Notary, and that the judgment of the Notary I use will be fully binding upon
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those whom are involved in the claim, and;
that peace officers, and all other men, women and entities, have a duty to act under their Constitutional oath
of office and distinguish between statutes created by the de facto government, and law, and those who
attempt to enforce statutes against a Free Man-on-the-Land are in fact breaking the law and;
the right to generate further lawful excuse, which includes all of the defenses which God and the common
law considers sufficient reason to excuse a man from criminal liability as administered by de facto
governments, courts and police;
the authority to refuse intercourse or interaction with peace and law enforcement officers and anyone else
representing corporations or de facto government powers, who have not observed me infringe upon the God
given freedom and rights of others and;
the authority to use the full extent of the sovereign power, any writs from the common law, and any
commercial procedures, to defend myself and the liberty of my body and private property, or to enforce
consequences on those who commit treason and obstruction of justice in their actions to block me in my
pursuit of freedom, remedy and recourse;
all men and women acting as public officials and agents of the United States and State governments and the
corporations they underwrite are bound to understand my intent to claim, and my claim to exist free of all
statutory, and codified laws, rules and regulations of the United States and the States, despite how this
document is worded.
for the purposes of this claim, all men and women acting as public officials and agents of the United States
and States are bound by the Constitution for the United States of America including but not limited to the
Bill of Rights and what is commonly known of as the Thirteenth Amendment to the Constitution of the
United States of America.
Furthermore I claim
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The right to determine what is best for myself, my family or anyone or any one under my care, and;
The right to engage in these actions and further claim that all property lawfully held by me is held under a
claim of right as mentioned in the United States Code and juris prudence, and that I am the lawful owner of
this property, and;
ownership as my private property all monies that I earn and that, since lawful money has essentially been
removed from the land, that these monies are considered for all intents and purposes lawful money and
untaxable, and;
soul ownership, possession and enjoyment of my property which I have bought with any monies (whether or
not Constitutionally lawful money) earned from my labor, which have been given to me, or to which I have
claimed ownership undisputed in the common law, without interference, and;
that I am not a taxpayer, and any capacity I act in is not a taxpayer, and;
The right to use Federal Reserve Note money and private bank credit as if it were lawful money, and all acts
and events while using it as untaxable, and;
the right to use my property without having to further pay or be taxed for the use or enjoyment of it, and;
the right to earn a living without having my earnings taxed, and;
that notice in any public newspaper is lawful notice, and that if not responded to in a timely fashion, that a
notice of claim published as such will create allodial title or patent to any land that I claim that is not
lawfully responded to, and;
I have the right to claim uninhabited land anywhere in the geographic area commonly referred to as the
United States of America, and;
The right to buy and own and sell anything, whether or not regulated by de facto government statutes and
by-laws, and;
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the right to defend myself, those around me, and my property from trespass with whatever level of force I
deem is necessary, and;
And I claim
the right to be considered by all those in de facto possession of the sovereign power, and all those acting as
public officials and government employees, as a sovereign Freeman-on-the-Land, having all God's freedom
and rights that extend therefrom, and the right to oblige the lawful government of the United States of
America to provide a passport recorded in my lawful name as a sovereign Freeman-on-the-Land or National,
and delivered to me at a fair cost, and;
ownership as my property of all monies I have paid into a government Pension Plan, and that these must be
returned in full, on demand, in gold or silver coin equivalent to the price of gold or silver on the day that
these monies were paid, and;
the right to be free from, and all my actions either directly or through any entity, to be free from, or surety
for, all taxation to which I do not voluntarily consent to, and that to consent to taxation, I must be presented
with full disclosure for inspection negotiation and agreement thereto, of any liabilities I may incur for the fair
use of services, and;
all transactions of security interests require the consent of both parties and I do hereby deny consent to any
transaction of a security interest issuing under any Act, bill, or bylaw for as herein stated as a Freeman-on-
the-Land I am not subject to any government statutes or de facto government or corporate laws, and;
the right to the unmolested pursuit of my trade or occupation and free use of all road and highways on the
land commonly known of as the United States of America, and;
And I claim
the right, without government restriction, to buy, sell own, carry freely, use any weapon in any manner that
does not infringe upon the God given rights of others.
the right to deregister anything that has been registered in the legal name to which I act as trustee, and/or
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record such property with the de facto governments as if they were lawful governments, so that said
governments act to protect my property instead of usurping it through fines and taxes and/or de facto court
judgments;
the right to record with my county recorder the lawfully cured claim to any property I own without having it
registered with a legal title in any fashion.
anyone who interferes with my lawful activities after having been served notice of this claim and who fails
to properly dispute or make lawful counterclaim is breaking the law, cannot claim good faith or color of
right, and that such transgressions will be dealt with in a properly convened court de jure;
that I claim and reserve all rights as reserved to the people of the ninth amendment to the Constitution for
the United States of America.
that all freedom and rights under my creator as a living man not expressly claimed and reserved in this
document are implied to be claimed and reserved in my dealings with all men and women acting in any
capacity as a lawful or legal entity.
the right to establish for myself, and any one under my authority or care a FEE SCHEDULE for any
transgression(s) against our God-given freedoms and rights perpetrated by peace officers, government
principals, agents or justice system participants is FIVE HUNDRED DOLLARS or portion thereof if being
questioned, interrogated or in any way detained, harassed or otherwise regulated, and TWO THOUSAND
DOLLARS PER HOUR if handcuffed, transported, incarcerated or subjected to any adjudication process
without my express written and Notarized consent, and a minimum TEN MILLION DOLLARS for any
restraint or violence not limited thereto, brought against me, my family, anyone under my authority or care;
your agreement to indemnify me in the equivalent in value in gold of ten million Federal Reserve Note
dollars at the time that this notice is received, against any and all injury, damage and loss, both to my body
and my property, or infringement against my freedom and rights as granted to me by my creator, whichstems from your acts or omissions, or the acts or omissions of your agents, and representatives or the agents
and representatives of any corporation working under you in the United States and any of the States, and;
the right to chose a method of payment upon demand, and;
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the right to use a Notary Public, Commissioner or any two (2) people not related to me by blood or marriage
to secure payment of the aforementioned FEE SCHEDULE against any transgressor who, by their actions or
omissions, directly or by proxy in any way, harms myself, anyone under my authority or care, or my
interests, and;
the right to engage the services of a Notary Public, Commissioner for taking affidavits and/or any two (2)
people not related to me by blood or marriage to attest to my signature for verification purposes and does not
constitute adhesion, contract or change in status in any manner. All rights reserved without prejudice, and;
the right to convene a proper court de jure with verified criminal complaints in order to address criminal
actions of any peace officers, government principals or agents or justice system participants who, having
been served notice of this claim and fail to dispute or discuss or make lawful counterclaim, then interfere by
act or omission with the lawful exercise of my properly claimed and established freedoms and rights, and;
the law of agent and principal applies and that service upon one is service upon both/all, and;
the right to deal with any counterclaims or disputes publicly and in an open forum using discussion and
negotiation and to capture on video tape said discussion and negotiation for whatever lawful purpose as I see
fit and;
that if this claim is not responded to in the stated fashion and time, under lawful oath of office and full
liability, and with lawful reason by this should not be so, permanent estoppel by acquiescence barring any
peace officer, prosecutor, justice of the peace, judge, government official, or those acting on behalf of any
private company, from bringing de facto charges without probable cause against myself or compelling my
being surety for any criminal charge, civil charge or other debt, whether I am acting as a Freeman-on-the-
Land, or considered as acting as trustee of the legal name which I use, or considered as acting in personem,
or in rem as the legal name I may use, and;
affected parties wishing to dispute the claims made herein or make their own counterclaims must respond
appropriately within FOURTEEN (14) DAYS of service of notice of this action. Responses must address
point by point each of the claims herein, under Oath of office, upon full commercial liability and penalty of
perjury, and registered in the Notaries or Commissioner's Office herein provided no later than fourteen days
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from the date of original service as attested to by way of certificate of service, and;
failure to register a dispute against the claims made herein under the terms above will result in an automatic
default judgment securing forevermore all rights herein claimed and establishing permanent and irrevocable
estoppel by acquiescence, this fully binding claim of right upon the parties named herein, and their respective
offices, forevermore barring the bringing of de facto charges under any statute or Act, and any action not
having been assessed for probable cause by a magistrate, against My Self a sovereign Freeman-on-the-Land
Lake-Shore:Baby, and;
use of a Notary or Commissioner of Affidavits is for attestation and verification purposes only and does not
constitute a change in status or entrance or acceptance of foreign jurisdiction.
\http://blogs.myspace.com/index.cfm?fuseaction=blog.view&friendID=136156749&blogID=412749579
Michael-Hans, Winter
c/o General Post Office
Ripton, Vermont state, uSA
Non-domestic [05766 TDC]
Sally Hoyle
Town Clerk
Ripton, Vermont state
May 22, 2006
Dear Sally,
Here is the Affidavit of which Joyce, on your behalf, had notarized on the 3 rd of May, 2006 that I wish to
record in the Books of Records for the Township of Ripton. It includes my Declaration of Sovereignty and
Removal of Unqualified Signatures and Power of Attorney.
Today, the issue of sovereignty may seem rather complex, yet a sovereign, when considering a man or
woman of flesh and blood, is quite simple to comprehend. In retrospect, one must consider the history and
nature of the federalization of these union States and the contractual legalese of the corporate centralgovernment; our unlawful monetary system and its trail to those who benefit. Coupled with this corruption,
the social engineering (operant conditioning) of the core beliefs and values of the American Citizenry,
individuals orpersons will sheepishly comply with these injustices basing their actions upon the premise that
they are entitled to a benefit or feeling that their freedom is owed to them. The machinations that continually
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http://blogs.myspace.com/index.cfm?fuseaction=blog.view&friendID=136156749&blogID=412749579http://blogs.myspace.com/index.cfm?fuseaction=blog.view&friendID=136156749&blogID=412749579http://blogs.myspace.com/index.cfm?fuseaction=blog.view&friendID=136156749&blogID=412749579 -
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perpetrate treasonous acts repugnant to our free, constitutional republic are set in place follow the money.
If the proverbial "writing on the wall" is not obvious, then please see 31 U.S.C.A. 3101, amended March 16,
2006. In flesh and blood, mind and soul, I am publicly declaring my sovereignty, inviolate. I will not be party
to the destruction of this great Nation that has stood as a model of freedom, nor will I be complicit in the
unjust, forced destruction of other sovereign countries and their citizenry.
I, Michael-Hans, Winter, am in this country (the UNITED STATES), but not of this country; I am neutral, a
denizen within the Republic of Vermont. Please see the following Affidavit: Declaration of Sovereignty and
Removal of Unqualified Signatures and Power of Attorney, pages two through eleven.
Any response, protest or dispute to this Affidavit should be done within twenty (20) days from the last date
of the public notice of the recording of this Affidavit and must be directed as exactly prescribed above
without the elimination of any brackets or case lettering. Otherwise, any attempted correspondence with the
Affiant will be returned to sender, "Refused." I am not a "customer" of the United States Postal Service.
Enclosed are $84.00 of the unconstitutionally circulated Federal Reserve Bank notes, with limited use,
without prejudice, to discharge the recording tax (32 V.S.A. 1671) for this cover and the 11 pages that
follow.
Respectfully yours, without prejudice and with the explicit reservation of all my unalienable rights, I am,
Michael-Hans, Winter
AFFIDAVIT:
DECLARATION OF SOVEREIGNTY,
REMOVAL OF UNQUALIFIED SIGNATURES AND POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
I, Michael-Hans, Winter,jure divino,suae potestate esse Free, Good and Lawful, Christian, inpropria
persona, by special appearance, having first-hand knowledge of the facts as stated herein, do hereby declare
my proper and lawful status with respect to Citizenship, Sovereignty, Removal of Unlawful Signatures and
Powers of Attorney to-wit:
1. I, Michael-Hans, Winter, the undersigned, knowingly, willingly and voluntarily, hereby affirm and
state as follows:
2. I am of lawful age of majority and otherwise competent to make this affirmation; and3. I have personal knowledge of the facts stated herein.
4. I am a Citizen, a natural man, living on the land in Addison county in Vermont state, with such
citizenship being synonymous with "the People" wherein sovereignty rests, and have been a Citizen
in the de jure union state of Vermont (see 8U.S.C.A 1502) for approximately nine years; and,
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5. I, Michael-Hans, Winter, a Free Private Christian male, a living soul, was born to my parents on the
12th day of December on the twelfth day of the twelfth month of the year of our Lord, nineteen
hundred and sixty-one in Suffern township in de jure county of Rockland, New York state, one of the
de jure states of the union of America; and,
6. I was sired by Charle-Pius, Winter, a free male born on the 10th day of July 1927, in Vienna Austria,
naturalized on December 15th, 1949, in Hackensack, New Jersey, one of the de jure states of the
union of America; and,
7. I was given birth by Virginia Bedard, Winter, a free female, born on the 2nd day of April 1926, in
Middlebury township in Addison county, Vermont state, one of the de jure states of the union of
America; and,
8. Virginia Bedard and Charles-Pius, Winter, were one, joined in Holy wedlock at the time of July 24,
1957 and unto them, the genealogy of Winter, I was conceived and born; and,
9. My Christian name is Michael-Hans, Winter; a.k.a. Michel-Hans, Bedard-Winter; I have no fictitious
name,a war name,nor a "dummy corporation" name. See Blacks Law Dictionary, 6th Edition,
and,
10. I, Michael-Hans, Winter, have never voluntarily surrendered the rights to my name, as it is wholly
owned by myself as private property. It is not, nor never was, a TRADE NAME, and nor will it ever
be, and,
11. As per Article 8 of the Vermont Declaration of Rights I am a "Freeman," a Free Private Christian
male, a living soul, without boon, benefit, statutory franchise nor contractual adhesion that could
cloud my natural citizenship or the unalienable rights endowed by my Creator: and,
12. I am an American Citizen, as designated in the Constitution for the united States of America (1787),
by virtue as an American National living in the republic state, Vermont, without implications of the
14th Amendment to the Constitution of the United States "being born or naturalized,"nor unlawful
consequences of the coerced Reconstruction Acts of 1867 of the 39 th Congress. I am a Citizen as
originally established by the Declaration of Independence (1776) with "certain unalienable rights"
granted by our Creator and as established by the Articles of Confederation (1777). I am not a United
States citizen, see U.S. v. Cruikshank, 92 US 542 (1876); Slaughterhouse Cases 83 U.S. 395, 407
(1873). "Citizenship clause of the 14th Amendment has expressed territorial limitation which
prevents its extension to every place over which the government is Sovereign."Jones v. Alfred H.
Mayer Co., 379 F2d 33, 43 (1967); U.S. v. Rhodes, 27 Fed. Cas.785, 749 (1866). See also Bowlin
v. Commonwealth, 65 Kent. Rep. 5, 29 (1867); Hauge v. CIO, 307 U.S. 496, 509 520 note 1
(1936); Van Valkenburg v. Brown, 43 Cal Rpts 43, 47 (1872).
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DECLARATION of sovereignty
"And ye shall know the truth, and the truth shall make you free."
John 8:32
13. The Declaration of Independence states: "We hold these truths to be self-evident: that all men are
created equal; that they are endowed by their Creator with certain unalienable Rights; that among
these are Life, Liberty, and the pursuit of Happiness; that to secure these rights, Governments are
instituted among Men, deriving their just powers from the consent of the governed."
14. Within the Constitution for the United States for America, there exists a clear distinction between
natural born Citizens and United States citizens, "No Person except a natural born Citizen, or a
Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the
Office of President:"Article 2, section 1, clause 5 and, "All persons born or naturalized in the
United States, and subject to the jurisdiction thereof, are citizens of the United States and the State
wherein they reside."Bill of Rights, 14th Amendment, see also In re Rodrigues, W.D. Tex (1897),
81 F. 337. The distinction is not only evident in the proper usage of English (proper nouns being
capitalized), but also to where the jurisdiction lies "thereof the United States" implying the
Federal government granting such privileges and having jurisdiction "thereof" rather than respect to
the unalienable Rights in the above mentioned Declaration of Independence, "that all men are
created equal... endowed by their Creator with certain unalienable Rights." The 14th Amendment
(private unilateral contract law) clearly was set forth to establish another rule and structure of
government, namely one centralized in nature, also known as the "federalization" of the many states
of the union of America as territories. See Hanson v. Denckla, 357 U.S. 235 (1958).
15. I, Michael-Hans, Winter, am "alien"to the Federal government, " a body corporate for municipal
purposes, have a seal"the District of Columbia as declared by the District of Columbia Organic
Act of 1871, An Act to provide a Government for the District of Columbia, 41st Congress,
Section 34, Session III, chapters 61 and 62, the ten-square miles and the territories thereof. See
also, Federalist Papers 42. I do not reside within the District of Columbia, Puerto Rico the U.S.
Virgin Islands, Guam, nor in any other Federal Overlay, Territory, Enclave or Possession of the
United States. (See Article I, Section 8 Clause 17 of the Constitution for the United States of
America.)
16. I, Michael-Hans, Winter, clearly am not a "person" subject to the exclusive jurisdiction of Congress
as defined in Article I, Section 8 Clause 17 of the Constitution for the United States of America and
any purported allegiance to the United States is hereby renounced. I am an American, and not a 14 th
Amendment U.S. citizen, nor a citizen of the United States. "thirteenth, fourteenth and fifteenth
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amendments were designed mainly for the protection of newly emancipated negroes"and further
cited that the "fourteenth amendment creates and defines citizenship of the United States."United
States v. Anthony, 24 Fed. Cas. 829 (1873). I was not naturally born, nor naturalized in a territory
over which the United States ("not exceeding ten square miles") is sovereign.
17. I, Michael-Hans, Winter, have become aware of8 U.S.C.A. 1481 & 1483, and have noticed that
the terms "United States citizen" and "American citizen" appear to be used interchangeably in the
notes; however, as case law demonstrates, there has been established a clear distinction between the
two terms. I am not a citizen subject to United States jurisdiction; I am a Sovereign Citizen with all
the unalienable Rights, Authority and pre-eminence of a Sovereign. "In this country, sovereignty
resides with the people."Julliard v. Greenman, 110 U.S. 421 (1883). See also, Bellei v. Rusk,
D.C. (1969), 296 F.Supp 1247.
18. I, Michael-Hans, Winter, clearly understand the difference between a "state Citizen" and a "United
States citizen; I am not a federal "U.S. citizen" nor a "citizen of the United States": "We have in our
political system, a government of each of the several states and a government of the United States.
Each is distinct from the other and has citizens of its own ." U.S. v. Cruikshank, 92 US 542 (1876).
See also 8 U.S.C.A 1502."The persons declared to be citizens are all persons born or
naturalized in the United States and subject to the jurisdiction thereof.Bill of Rights, Amendment
14. The evident meaning of these last words is, not merely subject in some respect or degree to the
jurisdiction of the United States (jurisdiction thereof, not jurisdictions thereof), but completely
subject. , but who has not been naturalized or taxed or recognized as a citizen, either by the
United States of by the State, is not a citizen of the United States within the meaning of the 1st section
of the 14th Article of Amendment of the Constitution.Elk v. Wilkins, 112 US 94. (1884).
Furthermore, "The privileges and immunities clause of the 14th Amendment protects very few rights
because it neither incorporates the Bill of Rights nor protects all rights of individual citizens.
Instead this provision protects only those rights peculiar to being a citizen of the federal
government. It does not protect those rights which belong to state Citizenship."Jones v. Temmer,
829 F. Supp. 1226 (1993). See also, Hammerstein v. Lyne, W.D.Mo. 1912, 200 F.165.
19. I, Michael-Hans, Winter, clearly understand that the term "United States" has three different
meanings, and must be defined with respect to issues of law and citizenship; "The term United
States may be used in any one of the following senses: (1) It may merely be the name of a sovereign
occupying the position analogous to that of other sovereigns in the family of nations or, (2) It may
designate the territory over which the United States is sovereign or, (3) It may be the collective
names of the several states which are united by and under the Constitution.."Hooven & Allison v.
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