ActioInRem
“Without Prejudice”
Public Notice/Public Record
Ab auctoritate legis; Infra Corpus Comitatus
Infra Jurisdictionem
False Identification Documents (a fine under this title or imprisonment
for not more than 15 years, or both)
“Fictions” arise from the law, not the law from fictions.
It isn’t the man, woman or child who is “creating” birth
certificates, bonds, marriage certificates, vehicle registrations,
drivers licenses, state identification cards, social security checks,
payroll checks, checking accounts, savings accounts, mortgages,
2nd & 3rd mortgages, reverse mortgages, promissory notes, adjustable rate
notes, student loans, car loans, electric bills (smart meter), gas bills
(smart meter), water bills (smart meter), cell phone bills,
home phone bills property tax and personal income tax using forged legal
(fictitious) names – false identification documents intentionally
created to impersonate men, women and children – for financial gain.
DERIVATIVE defined: Coming from another; taken from something preceding;
secondary; that which has not its origin in itself, but owes its
existence to something foregoing. Anything obtained or deduced from
another. State v. Wong Fong, 75 Mont. 81, 241 P. 1072. Black’s Law
Dictionary Revised Fourth Edition (page 530)
ORIGINAL defined: Primitive; first in order; bearing its own authority,
and not deriving authority from an outside source; as original
jurisdiction, original writ, etc. As applied to documents, the original
is the first copy or archetype; that from which another instrument is
transcribed, copied, or imitated. Arenson v. Jackson, 97 Misc.Rep. 606,
162 N.Y.S. 142, 143; State v. Lee, 173 La. 770, 138 So. 662. Black’s Law
Dictionary Revised Fourth Edition (page 1251)
FICTITIOUS defined: 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 Sixth Edition
(page 624).
WHEREAS, defined by virtue of the term “vessel of the United
States,” means a vessel belonging in whole or in part to the United
States, or any citizen thereof, or any corporation created by or under
the laws of the United States, or of any State, Territory, District, or
possession thereof.
WHEREAS, defined by virtue of "Organization" means a person other than
an individual.
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But a corporation of another state is not a "person" within the
jurisdiction of the state until it has complied with the conditions of
admission to do business in the state, Fire Ass'n of Phila. v. New York,
7 S.Ct. 108, 119 U.S. 110, 30 L.Ed. 342; and a statutory requirement of
such conditions is not in conflict with the XIVth Amendment; Pembina
Consol. S. M. & M. Co. v. Pennsylvania, 8 S.Ct. 737, 125 U.S. 181, 189,
31 L.Ed. 650. Black’s Law Dictionary Revised Fourth Edition (page 1299,
1300)
A county is a person in a legal sense, Lancaster Co. v. Trimble, 34 Neb.
752, 52 N.W. 711; but a sovereign is not; In re Fox, 52 N.Y. 535, 11
Am.Rep. 751; U. S. v. Fox, 94 U.S. 315, 24 L.Ed. 192, but contra within
the meaning of a statute, providing a penalty for 'the fraudulent
alteration of a public record with intent that any "person" be
defrauded, Martin v. State, 24 Tex. 61; and within the meaning of a
covenant for quiet and peaceful possession against all and every person
or persons; Giddings v. Holter, 19 Mont. 263, 48 P. 8. Black’s Law
Dictionary Revised Fourth Edition (page 1300)
WHEREAS, The use of, by implication, mistake, or otherwise, of
fictitious names within any lawful and even “legal” document renders
said document, instrument fatally flawed for simple fraud. And, since no
man or woman in the Private Domain can be held accountable for the same
crime twice, by guarantee, then if initially one is charged in the wrong
name, and that mistaken identity at any stage of the proceedings renders
the present proceeding null, void and dismissed. This renders the above
“statute” also null, void, and never written, for this fatal error
cannot be corrected and one must, secondly, face the same charges.
Mistaken Identity cannot be used as a correctable error merely because
one cannot be charged twice for the same cause, even if the first charge
was mistaken.
WHEREAS, defined by virtue of American Jurisprudence In general, it is
essential to identify parties to court actions properly. If the alleged
parties to an action are not precisely identified, then who is involved
with whom or what, and how? If not properly identified, all
corresponding judgments are void, as outlined in Volume 46, American
Jurisprudence 2d, at “Judgments.” Sec. 100 Parties – A judgment should
identify the parties for and against whom it is rendered, with such
certainty that it may be readily enforced, and a judgment, which does
not do so, may be regarded as void for uncertainty. Such identification
may be achieved by naming the persons for and against whom the judgment
is rendered. Technical deficiencies in the naming of the persons for and
against whom judgment is rendered can be corrected if the parties are
not prejudiced. A reference in a judgment to a party plainly liable,
followed by an omission of that party’s name from the language of the
decree, at least gives rise to an ambiguity and calling for an inquiry
into court’s real intention as reflected in the entire record and
surrounding circumstances.”
WHEREAS, defined by virtue of Fraud and related activity in connection
with identification documents, authentication features, and information
Current through Pub. L. 11438.
(See Public Laws for the current
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Congress.) (a) Whoever, in a circumstance described in subsection (c) of
this section— (1) knowingly and without lawful authority produces an
identification document, authentication feature, or a false
identification document; (8) knowingly traffics in false or actual
authentication features for use in false identification documents,
documentmaking
implements, or means of identification; shall be
punished as provided in subsection (b) of this section. (b) The
punishment for an offense under subsection (a) of this section is
— (1) except as provided in paragraphs (3) and (4), a fine under this
title or imprisonment for not more than 15 years, or both, if the
offense is— (A) the production or transfer of an identification
document, authentication feature, or false identification document that
is or appears to be— (i) an identification document or authentication
feature issued by or under the authority of the United States
FALSE RETURN defined: A return made by the sheriff, or other ministerial
officer, to a writ in which is stated a fact contrary to the truth, and
injurious to one of the parties or some one having an interest in it. 2.
In this case the officer is liable for damages to the party injured. 2
Esp. Cas. 475. See Falso retorno brevium.
FALSE TOKEN defined: A false document or sign of the existence of a
fact, in general used for the purpose of fraud. Vide Token, and 2 Stark.
Ev. 563.
WHEREAS, defined by virtue of Statements or entries generally (a) Except
as otherwise provided in this section, whoever, in any matter within the
jurisdiction of the executive, legislative, or judicial branch of the
Government of the United States, knowingly and willfully (
1)
falsifies, conceals, or covers up by any trick, scheme, or device a
material fact; (2) makes any materially false, fictitious, or fraudulent
statement or representation; or (3) makes or uses any false writing or
document knowing the same to contain any materially false, fictitious,
or fraudulent statement or entry; shall be fined under this title,
imprisoned not more than 5 years or, if the offense involves
international or domestic terrorism (as defined in section 2331),
imprisoned not more than 8 years, or both. (June 25, 1948, ch. 645, 62
Stat. 749; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13,
1994, 108 Stat. 2147; Pub. L. 104–292, § 2, Oct. 11, 1996, 110 Stat.
3459; Pub. L. 108–458, title VI, § 6703(a), Dec. 17, 2004, 118 Stat.
3766; Pub. L. 109–248, title I, § 141(c), July 27, 2006, 120 Stat.
603.)
WHEREAS, defined by virtue of Possession of false paper to defraud
United States Whoever, for the purpose of obtaining any loan or advance
of credit from any person, partnership, association, or corporation with
the intent that such loan or advance of credit shall be offered to or
accepted by the Department of Housing and Urban Development for
insurance, or for the purpose of obtaining any extension or renewal of
any loan, advance of credit, or mortgage insured by such Department, or
the acceptance, release, or substitution of any security on such a loan,
advance of credit, or for the purpose of influencing in any way the
action of such Department, makes, passes, utters, or publishes any
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statement, knowing the same to be false, or alters, forges, or
counterfeits any instrument, paper, or document, or utters, publishes,
or passes as true any instrument, paper, or document, knowing it to have
been altered, forged, or counterfeited, or willfully overvalues any
security, asset, or income, shall be fined under this title or
imprisoned not more than two years, or both.
WHEREAS, defined by virtue of [Rule 17.] Plaintiff and Defendant;
Capacity; Public Officers (a) Real Party in Interest. (1) Designation
in General. An action must be prosecuted in the name of the real party
in interest. The following may sue in their own names without joining
the person for whose benefit the action is brought: (A) an executor; (B)
an administrator; (C) a guardian; (D) a bailee; (E) a trustee of an
express trust; (F) a party with whom or in whose name a contract has
been made for another's benefit; and (G) a party authorized by statute.
(2) Action in the Name of the United States for Another's Use or
Benefit. When a federal statute so provides, an action for another's use
or benefit must be brought in the name of the United States.
(3) Joinder of the Real Party in Interest. The court may not dismiss an
action for failure to prosecute in the name of the real party in
interest until, after an objection, a reasonable time has been allowed
for the real party in interest to ratify, join, or be substituted into
the action. After ratification, joinder, or substitution, the action
proceeds as if it had been originally commenced by the real party in
interest. (b) Capacity to Sue or Be Sued. Capacity to sue or be sued is
determined as follows: (1) for an individual who is not acting in a
representative capacity, by the law of the individual's domicile; (2)
for a corporation, by the law under which it was organized; and (3) for
all other parties, by the law of the state where the court is located,
except that: (A) a partnership or other unincorporated association with
no such capacity under that state's law may sue or be sued in its common
name to enforce a substantive right existing under the United States
Constitution or laws; and (B) 28 U.S.C. §§754 and 959(a) govern the
capacity of a receiver appointed by a United States court to sue or be
sued in a United States court. (c) Minor or Incompetent Person.
(1) With a Representative. The following representatives may sue or
defend on behalf of a minor or an incompetent person: (A) a general
guardian; (B) a committee; (C) a conservator; or (D) a like fiduciary.
(2) Without a Representative. A minor or an incompetent person who does
not have a duly appointed representative may sue by a next friend or by
a guardian ad litem. The court must appoint a guardian ad litem—or issue
another appropriate order—to protect a minor or incompetent person who
is unrepresented in an action. (d) Public Officer's Title and Name. A
public officer who sues or is sued in an official capacity may be
designated by official title rather than by name, but the court may
order that the officer's name be added. Notes (As amended Dec. 27, 1946,
eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 20, 1949; Feb. 28, 1966,
eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 25, 1988, eff.
Aug. 1, 1988; Pub. L. 100–690, title VII, §7049, Nov. 18, 1988, 102
Stat. 4401; Apr. 30, 2007, eff. Dec. 1, 2007.) Notes of Advisory
Committee on Rules—1937 Note to Subdivision (a). The real party in
interest provision, except for the last clause which is new, is taken
verbatim from [former] Equity Rule 37 (Parties Generally—Intervention),
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except that the word “expressly” has been omitted. For similar
provisions see N.Y.C.P.A. (1937) §210; Wyo.Rev.Stat.Ann. (1931) §§89–
501, 89–502, 89–503; English Rules Under the Judicature Act (The Annual
Practice, 1937) O. 16, r. 8. See also Equity Rule 41 (Suit to Execute
Trusts of Will—Heir as Party). For examples of statutes of the United
States providing particularly for an action for the use or benefit of
another in the name of the United States, see U.S.C., [former] Title 40,
§270b (Suit by persons furnishing labor and material for work on public
building contracts * * * may sue on a payment bond, “in the name of the
United States for the use of the person suing”) [now 40 U.S.C. §3133(b),
(c)]; and U.S.C., Title 25, §201 (Penalties under laws relating to
Indians—how recovered). Compare U.S.C., Title 26, [former] §1645(c)
(Suits for penalties, fines, and forfeitures, under this title, where
not otherwise provided for, to be in name of United States). Note to
Subdivision (b). For capacity see generally Clark and Moore, A New
Federal Civil Procedure—II. Pleadings and Parties, 44 Yale L.J. 1291,
1312–1317 (1935) and specifically Coppedge v. Clinton, 72 F.(2d) 531
(C.C.A.10th, 1934) (natural person); David Lupton's Sons Co. v.
Automobile Club of America, 225 U.S. 489 (1912) (corporation); Puerto
Rico v. Russell & Co., 288 U.S. 476 (1933) (unincorporated
ass'n.); United Mine Workers of America v. Coronado Coal Co., 259 U.S.
344 (1922) (federal substantive right enforced against unincorporated
association by suit against the association in its common name without
naming all its members as parties). This rule follows the existing law
as to such associations, as declared in the case last cited above.
Compare Moffat Tunnel League v. United States, 289 U.S. 113 (1933). See
note to Rule 23, clause (1). Note to Subdivision (c). The provision for
infants and incompetent persons is substantially [former] Equity Rule 70
(Suits by or Against Incompetents) with slight additions. Compare the
more detailed English provisions, English Rules Under the Judicature
Act (The Annual Practice, 1937) O. 16, r.r. 16–21. Notes of Advisory
Committee on Rules—1946 Amendment The new matter [in subdivision (b)]
makes clear the controlling character of Rule 66 regarding suits by or
against a federal receiver in a federal court. Notes of Advisory
Committee on Rules—1948 Amendment Since the statute states the capacity
of a federal receiver to sue or be sued, a repetitive statement in the
rule is confusing and undesirable. Notes of Advisory Committee on Rules—
1966 Amendment The minor change in the text of the rule is designed to
make it clear that the specific instances enumerated are not exceptions
to, but illustrations of, the rule. These illustrations, of course,
carry no negative implication to the effect that there are not other
instances of recognition as the real party in interest of one whose
standing as such may be in doubt. The enumeration is simply of cases in
which there might be substantial doubt as to the issue but for the
specific enumeration. There are other potentially arguable cases that
are not excluded by the enumeration. For example, the enumeration states
that the promisee in a contract for the benefit of a third party may sue
as real party in interest; it does not say, because it is obvious, that
the thirdparty
beneficiary may sue (when the applicable law gives him
that right.) The rule adds to the illustrative list of real parties in
interest a bailee—meaning, of course, a bailee suing on behalf of the
bailor with respect to the property bailed. (When the possessor of
property other than the owner sues for an invasion of the possessory
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interest he is the real party in interest.) The word “bailee” is added
primarily to preserve the admiralty practice whereby the owner of a
vessel as bailee of the cargo, or the master of the vessel as bailee of
both vessel and cargo, sues for damage to either property interest or
both. But there is no reason to limit such a provision to maritime
situations. The owner of a warehouse in which household furniture is
stored is equally entitled to sue on behalf of the numerous owners of
the furniture stored. Cf. Gulf Oil Corp. v. Gilbert, 330 U.S. 501
(1947). The provision that no action shall be dismissed on the ground
that it is not prosecuted in the name of the real party in interest
until a reasonable time has been allowed, after the objection has been
raised, for ratification, substitution, etc., is added simply in the
interests of justice. In its origin the rule concerning the real party
in interest was permissive in purpose: it was designed to allow an
assignee to sue in his own name. That having been accomplished, the
modern function of the rule in its negative aspect is simply to protect
the defendant against a subsequent action by the party actually entitled
to recover, and to insure generally that the judgment will have its
proper effect as res judicata. This provision keeps pace with the law as
it is actually developing. Modern decisions are inclined to be lenient
when an honest mistake has been made in choosing the party in whose name
the action is to be filed—in both maritime and nonmaritime cases.
See Levinson v. Deupree, 345 U.S. 648 (1953); Link Aviation, Inc. v.
Downs, 325 F.2d 613 (D.C.Cir. 1963). The provision should not be
misunderstood or distorted. It is intended to prevent forfeiture when
determination of the proper party to sue is difficult or when an
understandable mistake has been made. It does not mean, for example,
that, following an airplane crash in which all aboard were killed, an
action may be filed in the name of John Doe (a fictitious person), as
personal representative of Richard Roe (another fictitious person), in
the hope that at a later time the attorney filing the action may
substitute the real name of the real personal representative of a real
victim, and have the benefit of suspension of the limitation period. It
does not even mean, when an action is filed by the personal
representative of John Smith, of Buffalo, in the good faith belief that
he was aboard the flight, that upon discovery that Smith is alive and
well, having missed the fatal flight, the representative of James Brown,
of San Francisco, an actual victim, can be substituted to take advantage
of the suspension of the limitation period. It is, in cases of this
sort, intended to insure against forfeiture and injustice—in short, to
codify in broad terms the salutary principle of Levinson v. Deupree, 345
U.S. 648 (1953), and Link Aviation, Inc. v. Downs, 325 F.2d 613
(D.C.Cir. 1963). Notes of Advisory Committee on Rules—1987 Amendment The
amendments are technical. No substantive change is intended. Notes of
Advisory Committee on Rules—1988 Amendment The amendment is technical.
No substantive change is intended. Committee Notes on Rules—2007
Amendment The language of Rule 17 has been amended as part of the
general restyling of the Civil Rules to make them more easily understood
and to make style and terminology consistent throughout the rules. These
changes are intended to be stylistic only. Rule 17(d) incorporates the
provisions of former Rule 25(d)(2), which fit better with Rule
17. Amendment by Public Law 1988 —Subd. (a). Pub. L. 100–690, which
directed amendment of subd. (a) by striking “with him”, could not be
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executed because of the intervening amendment by the Court by order
dated Apr. 25, 1988, eff. Aug. 1, 1988.
CIVIL DEATH defined: The state of a person who, though possessing
natural life, has lost all civil rights and as to them is considered
civilly dead. Hiroko Kawakita Hayashi v. Lorenz,Cal.App.,258 P.2d
1039,1042. In some states, persons convicted of serious crimes are
declared to be civilly dead which means that certain civil rights and
privileges of the convicted offender including the right to vote and
contract and to sue and be sued are forfeited. See also Civil
disabilities, infra. A corporation, which has formally dissolved or
become bankrupt leaving an estate to be administered for the benefit of
its shareholders and creditors, becomes civilly "dead." In re Great
Plains Royalty Corp., C.A.N.D.,471 F.2d 1261,1265. Black’s Law
Dictionary Sixth Edition (page 245)
A bankrupt entity – city, state/province, and country – cannot operate
in commerce. A fraud is an intentional deception made for personal gain
or to damage another man, woman or child.
WHEREAS, defined by virtue of Action to compel an officer of the United
States to perform his duty Current through Pub. L. 11438.
(See Public
Laws for the current Congress.) The district courts shall have original
jurisdiction of any action in the nature of mandamus to compel an
officer or employee of the United States or any agency thereof to
perform a duty owed to the plaintiff.
Should this not be true then let the record be corrected or it will
stand as truth. Time is of the essence in the performance of this
binding selfexecuting
agreement. Three days grace. JusInRe
This my free will, voluntary privateact
and deed true and lawful attorneyinfact
to
make, publish, execute, seal, acknowledge, and deliver under my hand and seal, explicitly
reserving all rights without prejudice;
By:__________________________________________
Sui Juris John of the genealogy of Doe Bailor for JOHN DOE Bailee
___________________________________________
Probatio plena; Net, Smithe Third Party Witness
"Sealed and delivered in the presence of us."
___________________________________________
Probatio plena; Andrew, Banc Third Party Witness
"Sealed and delivered in the presence of us."
STATE OF ILLINOIS )
) SS:
COUNTY OF COOK )
CERTIFICATE OF ACKNOWLEDGMENT
On this date the man/woman named above, in his/her stated capacity, in full life personally
before me to execute this acknowledgement that this instrument was signed, sealed, and
delivered as their free will, voluntary act and deed to make, publish. execute, seal,
acknowledge and deliver under their hand and seal verified and authenticated for the uses and
purposes therein mentioned.
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_____________________ _________________________________
DATE Signature of NOTARY PUBLIC
AFFIX
NOTARY SEAL Date Commission Expires __________________
IF REQUIRED
JUS DUPLICATUM defined: property, title. When a man has the possession as well as the property of
anything, he is said to have a double right, jus duplicatum. Bract. 1. 4, tr. 4, c. 4 2 Bl. Com. 199.
A Law Dictionary Adapted To The Constitution and Laws of the United States of America and of the
Several States of the American Union by John Bouvier Revised Sixth Edition, 1856
ACTIO IN REM defined: in rem/ In the civil and common law, an action for a thing; an action for the
recovery of a thing possessed by another. An action for the enforcement of a right (or for redress for
its invasion) which was originally available against all the world, and not in any special sense
against the individual sued, until he violated it. See In rem. Black’s Law Dictionary Sixth Edition
(page 28)
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