1) MANIUS ACILIUS
... plebeian tribunes duly proposed to the plebs,
and the plebs duly resolved on the day before ... tribe ... was the
first to vote, and ... cast the first vote for the tribe...
2) IF FROM ANYONE of the allies either of the Latin name or of
foreign nations, or from anyone of those dependent on the discretion,
dictation, power, or friendship of the Roman people
... in any single
year property amounting to more than ... sesterces in value has been
taken, seized, exacted, procured, or appropriated from such person
himself or his king or his people or his father, or from anyone who is
or has been in his or his father's family or in bondage to them, or of
whom he or his father or his son is heir, by a person in the exercise of
his command or power who was dictator, consul, praetor, master of the
horse, censor, aedile, plebeian tribune, quaestor, triumvir capitalis,
triumvir for granting and assigning lands, military tribune in any of
the first four legions, or who is the son of one of these, or who is
himself a senator or whose father is one: with regard to this matter the
wronged person shall have the right to bring suit and to report the
name of the offender. The praetor shall have jurisdiction over the
proceedings, and the trial, judgment, and assessment of damages shall be
by the terms of this law in the competence of those persons who
constitute the trial court according to this law ... If anyone asserts
that the praetor has not accepted the name of a defendant so reported in
accordance with this law, and that a trial has not been granted in
accordance with this law so that he might sue: with regard to this
matter the plaintiff shall have the right to bring suit and to report
the name of the offender and the praetor shall have jurisdiction over
the proceedings. The trial, judgment, and assessment of damages shall be
by the terms of this law in the competence of those persons who
constitute the trial court according to this law. In regard to a person
who is judged in accordance with this law and is accused of having acted
contrary to this law, after his case is adjudged, or who is accused
collusively, or whose name is removed from the list of defendants in
accordance with this law: if anyone reports his name before the praetor a
second time, ... the praetor shall have jurisdiction over the
proceedings; and the trial, judgment, and assessment of damages shall be
by the terms of this law in the competence of those persons who
constitute a trial court according to this law. If anyone wishes to
bring suit or to report an offender in another's name in accordance with
this law, with regard to this matter he shall have the right to bring
suit and to report the name of the offender; the praetor shall have
jurisdiction over the proceedings; and the trial, judgment, and
assessment of damages shall be by the terms of this law in the
competence of those persons who constitute a trial court according to
this law. The plaintiff shall summon the defendant to court before the
praetor, who shall be in charge of such proceedings for that year,
before September I in that year, and he shall report the name of the
offender ... and concerning that man ... the case shall be conducted as
is written below. If the name of any offender is reported after
September I, if the plaintiff wishes, the praetor shall grant
recuperators for this case. Whosoever is named an offender in accordance
with this law after September I of that year, and is condemned by the
said court, shall pay to the person who procured his condemnation
whatever sum of money was assessed for the damages in that case ... and
the money shall become the property of the plaintiff. The praetor, who
has jurisdiction over the proceedings in accordance with this law, shall
provide that whatever thus ... is adjudged shall be paid to the
plaintiff as it would be paid in a private suit.
3) THOSE PERSONS WHO Are Not To Be Tried While They Hold a
Magistracy or the Imperium.
A dictator, consul, praetor, master of the
horse, censor, aedile, plebeian tribune, quaestor, triumvir capitalis,
triumvir for granting and assigning lands, or military tribune in any of
the first four legions shall not be summoned to court as long as he
holds a magistracy or the imperium ... It is not the intent of this law
that anyone of those who retires from such magistracy or command shall
not be summoned to court.
4) THE GRANT OF PATRONS.
Whoever seeks restitution in accordance
with this law and reports the name of the offender and whose claim in
accordance with this law is filed before September I, if he wishes
patrons to be assigned to himself for this case, the praetor, in whose
court he reports the name of the offender, shall grant to the said
plaintiff ... freeborn Roman citizens as patrons, provided that he
grants with malice aforethought no person to whom the defendant ... is
son-in-law, father-in-law, stepfather or stepson, or is a cousin-german,
or is closer to him than this kinship, or who is a member of the same
club or guild, or who is a client of the defendant or whose ancestors
were the clients of the ancestors of the defendant, or who is a patron
of the defendant or whose ancestors were the patrons of the ancestors of
the defendant.., or who has been condemned by the judicial process and a
public trial whereby he cannot be enrolled in the Senate ... nor shall
the praetor choose as patron a person who is a judex for the case in
accordance with this law, nor anyone who has been granted as a patron in
accordance with this law.
5) THE REJECTION OF PATRONS.
If the person granted as patron in
accordance with this law is suspect because of his character, the person
to whom he is granted in accordance with this law shall reject him ...
Then the praetor who has jurisdiction over the proceedings in accordance
with this law, shall grant to the plaintiff, who asks for one, another
patron from the list of those persons eligible be patrons in accordance
with this law ... accordance with this law.
6) THE SELECTION of the 450 Men for This Year.
The peregrine praetor
within the next ten days after this law is passed by the people or
plebs shall provide for the selection of 450 persons in this State who
have or have had a knight's census ... provided that he does not select a
person who is or has been plebeian tribune, quaestor, triumvir
capitalis, military tribune in any of the first four legions, or
triumvir for granting and assigning lands, or who is or has been in the
Senate, or who has fought or shall fight as a gladiator for hire ... or
who has been condemned by the judicial process and a public trial
whereby he cannot be enrolled in the Senate, or who is less than thirty
or more than sixty years of age, or who does not have his residence in
the city of Rome or within one mile of it, or who is the father,
brother, or son of any above-described magistrate, or who is the father,
brother, or son of a person who is or has been a member of the Senate,
or who is overseas.
7) THE NAME, FATHER, TRIBE, AND COGNOMEN of the Persons Selected To
Be Indicated.
The person who selects the 450 judices for this year in
accordance with this law ... on the ... day after he has selected them
shall attend to the registration, on a tablet of white with black
letters, of the names of all those persons who have been selected
members of the panel of 450 for this year, in accordance with this law,
and the names of their fathers and of their tribes and their cognomens,
and he shall have them arranged in a list according to tribes, and he
shall keep these lists posted during his magistracy. If anyone wishes to
copy these, the praetor shall give permission and shall afford to
whoever wishes it the opportunity of so writing. The praetor, who
selects them, shall provide that the names of the 450 persons selected
in accordance with this law shall be read in a public meeting and shall
take oath that he has selected men in accordance with this law who,
after due consideration,
he believes will be the best and most capable
judices; and the said praetor shall preserve in the public archives as a
permanent record the names of all 450 persons whom he selects in
accordance with this law.
8) THE ANNUAL SELECTION OF THE 450 MEN.
The praetor, who after the
passage of this law has jurisdiction over the proceedings in accordance
with this law, ... within the next ten days after entering upon this
magistracy shall provide for the selection of the 450 persons as
specified, persons who have or have had a knight's census in this state
... provided that he selects no one who is or has been plebeian tribune,
quaestor, triumvir capitalis, military tribune in any of the first four
legions, or triumvir for granting and assigning lands, or who is or has
been a member of the Senate, or who has fought or shall fight as a
gladiator for hire or who has been condemned by the judicial process or
by a public trial whereby he cannot be enrolled in the Senate, or who is
less than thirty or more than sixty years of age, or who does not have
his residence in the city of Rome or within one mile of it, or who is
the father, brother, or son of a person who is or has been a member of
the Senate, or who is overseas.
9) THE NAME, FATHER, TRIBE, AND COGNOMEN of the Persons Selected To
Be Indicated.
The person who has jurisdiction over proceedings for that
year in accordance with this law on the ... day after he has selected
them shall attend to the registration, on a tablet of white with black
letters, of the names of all those who have been selected as members of
the panel of 450 for this year in accordance with this law and the names
of their fathers and of their tribes and their cognomens, and he shall
have them arranged in a list according to tribes, and he shall keep
these lists posted during his magistracy ... If anyone wishes to copy
these, the praetor shall give permission and shall afford to whoever
wishes it the opportunity of so writing. The praetor, who selects them,
shall provide that the names of the 450 persons selected in accordance
with this law shall be read in a public meeting and shall take oath that
he has selected men in accordance with this law who, after due
consideration, he believes will be the best and most capable judices;
and the said praetor shall preserve in the public archives as a
permanent record the names of all 450 persons whom he selects in
accordance with this law.
10) THE DENUNCIATION OF THE NAME of the Defendant and the Selection
of the Judices. Whoever in accordance ith this law claims money from
his adversary . subsequent to the selection of a panel of 450 judices
for said year in accordance with this law, shall summon the defendant to
court before the praetor, who is created for said year in accordance
with this law, and shall denounce him; and if he has taken solemn oath
that he does not sue from malice, the said praetor shall accept the
denunciation and shall provide that
within
days from that on which
the denunciation is made, the defendant shall announce to his adversary
the names of all the 450 judices who are selected in accordance with
this law for the said year . to whom the defendant is related or who are
related to the defendant as son-in-law, father-in-law, step-father, or
stepson, or who is a cousin-german to him, or is closer to him than this
kinship, or who is a member of the same club or guild; and the praetor
shall provide that the person who makes such announcement shall swear in
the presence of his adversary that he has not left with malice
aforethought among the 450 judices seleded for the said year in
accordance with this law any person except such as are not related to
him by any of the forms of kinship stated above. Thus the defendant
shall announce the names and shall take oath. When he thus announces the
names, then the praetor, who has jurisdiction over the proceedings in
accordance with this law, shall provide that the person who reports the
name of any offender for judicial action in this manner, on the
twentieth day from the day on he makes the summons, shall select and
publish the names of 100 persons from those who are selected as the 450
judices for the said year in accordance with this law and who are still
alive, provided that no one may be a judex to whom the plaintiff is
related or who is related to the plaintiff as son-in-law, father-in-law,
stepfather, or stepson, or who is a cousin-german to him, or who is
closer to him thank this kinship, ... or who is a member of the same
guild or club, or who is or has been plebeian tribune, quaestor,
triumvir capitalis, triumvir for granting and assigning lands, or
military tribune in any of the first four legions, or who is or has been
in the Senate, or who is or has been made by the Rubrian Law a triumvir
for founding a colony ... who shall be more than ... miles from the
city of Rome, or who shall be overseas; and he shall not select or
publish more than one person from a family nor a person who has been or
is condemned for accepting money, either because he has been sued in an
action of solemn deposit under the Calpurnian or Junian Laws, or because
he has been summoned in accordance with this law. In regard to the 100
persons whose names he publishes in accordance with this law, the
praetor shall provide in like manner that the plaintiff take oath
publicly, in his court, in the presence of his adversary, that he with
malice aforethought has published the name of no person which it is
unlawful to publish for the 100 judices for any of the reasons stated
above ... or who is related to him by any of the forms of kinship that
have been stated above. The defendant, whereby the less ... If the
plaintiff publishes the names of the 100 judices in such manner and
takes oath, then the praetor shall provide that the defendant, on the
sixtieth day after his name is reported, shall publish the names of
fifty judices whom he wishes from that 100 persons whose names the
plaintiff publishes in accordance with this law ... If the person
reported as an offender in accordance with this law does not select and
publish the names of fifty judices in accordance with this law, or if he
does not publish in accordance with this law the names of those from
the panel of 450, who are selected for the said year in accordance with
this law, who are related to him by either the male or the female line
or are in the same club or guild,and he is not hindered by that praetor
or by his adversary from selecting and publishing the names of the fifty
judices whom he wishes from the list of 100 which he publishes in
accordance with this law ... provided that he selects with malice
aforethought no judex whom it is unlawful to select according to this
law. The persons who are thus selected shall be the judices for this
case and they shall make judgment of this case in accordance with this
law and shall assess the damages.
11) THE NAMES OF THE JUDICES and the Patrons To Be Written and To Be
Preserved in the Records.
The praetor, who has jurisdiction over the
proceedings in accordance with this law, shall provide that the names of
the said fifty judices whom the plaintiff and the defendant select and
publish in accordance with this law and the names of the said partrons
who are granted to the plaintiff in accordance with this law. shall be
entered in the public archives. The said praetor shall furnish an
opportunity to the plaintiff and to the defendant, whichever of these
wishes, to copy the said names from the public records...
12) THE SAME JUDICES To Serve Throughout a Single Case.
Those who
are chosen judices in accordance with this law shall be judices
throughout for that case for which they are chosen as judices ... that
person who receives money in accordance with this law, because of the
receipt of money in accordance with this law, the censor shall not ...
nor remove him from his tribe, nor strike him from the roll of knights,
nor shall he suffer any loss for this reason.
13) ... To BE WRITTEN.
The praetor who in accordance with this law...
14) THE TRIAL OF A PERSON WHO DIES or Goes into Exile.
If a person
who is named as an offender in accordance with this law dies . or goes
into exile before this case is judged, the praetor, in whose court he is
named, nevertheless shall undertake judicial proceedings in the said
case with the aid of those persons who shall constitute a court in
accordance with this law, just as if the person who is summoned in
accordance with this law were alive or in the State...
15) THE SEARCH FOR EVIDENCE.
The praetor shall provide that the
court shall be convened on the first possible day to try the defendant,
who is summoned in accordance with this law, and he shall grant to the
plaintiff to the best of his ability as many days as he deems necessary
for conducting a search for evidence, provided that nothing is done
contrary to this law; nor after the passing of this law . and he shall
order evidence to be sought in the land of Italy in towns, markets, and
meeting places where magistrates are wont to preside in court, or
outside Italy in towns, markets, and meeting places where magistrates
are wont to preside in court. During those days on which the praetor
having jurisdiction over the proceedings in accordance with this law
empowers the plaintiff to collect evidence...
16) NOTICE TO BE GIVEN TO WITNESSES.
After the praetor and his
court hear what they believe pertains to the investigation of the case
and approve the case, the praetor shall order those persons summoned as
witnesses by the plaintiff up to the number of forty-eight to give their
testimony; and, when a specific matter is under consideration for which
a specific witness is present, he shall provide that all witnesses
concerned shall be present for the specific matter and shall deliver
their testimony, provided that he orders no one to give testimony who
... or who, or whose ancestors are or have been clients of the defendant
or of his ancestors, or who, or whose ancestors are or have been
patrons of the defendant or of his ancestors, or anyone who shall plead
the case of the defendant, provided that he has but one such
representative, or anyone who is a freedman or a freedwoman of the
defendant or of his parent.
17) THE IMPOSITION OF FINES.
18) THE CUSTODY OF WITNESSES and of Records.
If the plaintiff
summons or brings with him witnesses up to the number of forty-eight to
give evidence concerning those matters for which the court is convened
... this, for which he thus gathers evidence, and if he wishes to
produce or to bring forward any records, books or letters, public or
private, ... or he wishes concerning this matter before the praetor, the
said praetor shall not hinder him whereby he shall not...
19) THE PRAETOR TO MAKE an Interrogation.
The praetor who has jurisdiction over the proceedings in accordance with this law...
20) THE JUDICES TO TAKE OATH before the Court Convenes.
Before the
first pleading the praetor having jurisdiction over the proceedings in
accordance with this law shall provide that the judices for the said
case ... shall take oath before him. The judices for the said case all
shall take oath on the front of the Rostra facing toward the Forum ...
and that he will conduct himself to the best of his ability so as to
hear the words of the witnesses for the said case . . and that he will
do nothing whereby he shall not render his decision in the said case,
unless there is some reason which in accordance with this law excuses
him from rendering a decision in the said case. The said praetor shall
provide that the names of those who take oath in this manner before him
shall be read in a public meeting and he shall provide that they shall
be published and posted publicly in the Forum ... and he shall not
permit anyone of the fifty judices chosen from the panel of 100 to take
part in the said case, unless he has taken oath in this manner.
21) NO JUDEX TO ARGUE.
... if ... he pleads in his own behalf that
there is a reason whereby he cannot be at the said trial, it shall be
lawful
for the praetor who has jurisdiction over the proceedings in
accordance with this law to make a decision concerning this matter.
22) POSTPONEMENTS OF THE TRIAL.
In regard to what the praetor does
in accordance with this law, if he postpones the said case, to whom . . .
if he is able to postpone the day of the trial, he shall provide that
the person whose name is mentioned as of importance in this matter ...
that he shall come into his court or shall be brought thither in the
presence of that person who makes the claim ... he wishes, whose name as
an offender is reported in accordance with this law, he shall have the
right to bring suit in this matter ... and trial and assessment of
damages in this matter shall be in accordance with this law, just as if
of the ... If the judex with jurisdidion over the proceedings in the
said matter does not approve the excuse in accordance with this law ...
the said praetor in the presence of the judices publicly assembled on
the front of the Rostra shall pronounce his verdict thus: "It appears
that he is guilty" ... If there must be a trial on this matter he shall
provide that the trial shall be held on the third day ... If the judex
with jurisdiction over the proceedings in the said matter does not
approve the excuse in accordance with this law, the praetor having
jurisdiction over the proceedings in accordance with this law...
23) THE JUDICES TO TAKE OATH beforeThey Retire for Deliberation.
The
praetor having jurisdiction over the proceedings in accordance with
this law shall provide that the judices. who are selected for the said
case in accordance with this law, shall take oath before they retire for
deliberation: that he ... will not do anything fraudulently whereby
anyone will be informed of his opinion or that of any other judex ...
24) THE JUDICES To BE LIABLE for the Maximum Fine.
... if the judex
with jurisdiction over the proceedings in this matter does not approve
the excuse, that one of the judices who ... by the excuse, to be
submitted on the first day, and the said investigator ...
25) How THE JUDICES Shall Retire for Deliberation.
The praetor who
presides over the court in accordance with this law ... if the judex
selected for this purpose reports that more than one third of the
judices present when the case is tried have said that the case is not
proved under consideration, the praetor having jurisdiction over the
proceedings in accordance with this law shall announce this publicly and
shall grant another date for trying this case anew ... and shall order
all the judices present on that day to give their verdict ... if it is
reported to that praetor that more than one third of the judices refuse
to give a verdict, he shall pronounce a fine of 10,000 sesterces against
each judex who refuses to give a verdict ... for each occasion
exceeding twice in a single case that they refuse to give their verdict.
Then he publicly shall record the reason for and the amount of the fine
which he levies ...
26) HOW TO GIVE THE VERDICT ON DEFENDANTS.
When two thirds of the
judices present report that the case is proved ... the praetor having
jurisdiction over the proceedings in this case shall provide that those
judices who refuse to give a verdict shall be removed ... shall conduct
the proceedings. Then the praetor shall provide that his summoners and
apparitors shall prevent any judex from leaving the court ... and shall
provide that an urn ... digits broad and twenty digits high shall be
provided, wherein the judices may cast their ballots ... and the said
praetor shall place openly in the hand of each juror one ballot of
boxwood four digits long and ... digits wide, waxed on each side ... of
which ballot on one side the letter A has been written and on the other
side the letter C, and he shall order this judex to erase one letter or
the other as he wishes ...The judex shall make such erasure and he shall
carry the ballot to the urn in full view in accordance with this law
and with his arm bared, but with the letter covered by his fingers, and
he shall display this ballot to the people ... and also to the other
judices in turn and shall cast it into the said urn ...
27) HOW TO DECLARE THE VOTES.
That judex selected by lot for
declaring the votes shall come to the urn and he shall reach his hand
into the urn, displaying it to the people as it is brought forth from
the urn ... the court ... and he shall declare clearly what 'verdict
this ballot has for the aforesaid accused. When the letter A is written,
he shall say, "I acquit"; when the letter C is written, "I condemn" and
when nothing is written, "No vote." When he declares the vote on each
ballot, ... he shall place the ballot in the hand of the next judex.
28) THE COUNTING OF THE VOTES...
29) THE ACQUITTAL OF THE DEFENDANT.
If the majority of the votes
therein is not for condemnation, the praetor having jurisdiction over
the proceedings I accordance with this law shall declare that the said
defendant does not appear to be guilty. That defendant whom the praetor
declares "Not guilty" in such manner shall be acquitted of this charge
in accordance with this law, except as regards any later act or any act
of collusion.
30) THE CONDEMNATION OF THE DEFENDANT.
If the majority of the votes
therein is for condemnation, the praetor having jurisdiction over the
proceedings in accordance with this law shall declare that the said
defendant appears to be guilty...
31) THE SAME CASE NOT TO BE TRIED TWICE.
There shall be no second
action under this law against a person who is condemned or is acquitted
in accordance with this law, except as regards some later act or some
act of collusion or as regards the assessment of damages or of penalties
specified in this law ...
32) FURNISHING SURETIES or Seizure of Property.
The judex having
jurisdiction over the proceedings in the said matter shall provide that
the person condemned in accordance with this law shall give sureties to
the quaestor according to the vote of the majority of his advisory
council for the amount specified by them; if sureties are not given in
this manner, he shall provide that the condemned man's goods shall be
publicly seized, collected, and sold. The judex having jurisdiction over
the proceedings in the said matter shall collect from the buyer as much
money as these goods bring ... and shall deliver this money to the
quaestor with a record of the amount; the quaestor shall receive it and
shall have it recorded in the public archives.
33) THE ASSESSMENT OF DAMAGES.
The praetor having jurisdiction over
the proceedings in this case shall order the judices who constitute the
court for the said case to make an assessment in respect to that which
each plaintiff in accordance with this law shall claim from the person
condemned in accordance with this law ... As regards everything which is
proved in court to have been seized. exacted, taken, appropriated, or
procured before the passage of this law the assessment shall be simple;
as regards all those other things which are proved in court to have been
seized, exacted, taken, appropriated, or procured after the passage of
this law the assessment shall be double; and the praetor shall provide
that the amount of the assessment in the name of each person for whom
these damages are assessed shall be delivered to the quaestor.
34) THE PAYMENT OF MONEY from the Treasury.
When a person satisfies
... the judex having jurisdiction over the proceedings in the said case
and the majority of the panel of judices that the assessment of damages
should be in his own name or his father's or in the name of a person to
whom he or his father is legal heir; or when a person satisfies the
said judex and the majority of the panel of judices that the assessment
of damages should be in the name of his king or people or some fellow
citizen: the said judex shall provide that such sum of money ... If
sureties are given for this matter or if an amount of money equivalent
to that which is assessed in accordance with this law is deposited in
the treasury on account of the said matter for which under the said name
assessment is made, it shall be paid in accordance with this law within
the next three days after satisfaction is given in the said manner. No
judex or quaestor shall do with malice aforethought anything whereby
such satisfaction shall not be given and payment shall not be made in
the said manner ...
35) THE IMPOSITION of an Apportionment.
If the judex having
jurisdiction over the proceedings in the said matter is not able to
collect for the quaestor in accordance with this law all the money that
is assessed, then within the next ten days after such collection as has
been possible is made the judex having jurisdiction over the proceedings
in the said matter or the judex appointed by this law shall order an
apportionment ... and shall publish a day on which the person for whom
damages are assessed in this manner, while acting for himself or his
father or for a person to whom he or his father is legal heir, or on
which the envoys of a king or of a people for whom damages are assessed
shall appear, provided that the time so published is no later than 100
days.
36) THE OBSERVANCE of an Apportionment.
When the day arrives on
which the aforesaid persons are ordered to be present, the judex who
imposes the said apportionment shall assign proportionately to the
amount assessed in each case whatever money is realized from the goods
of the person condemned in accordance with this law ... and whoever
satisfies the said judex and a majority of the panel of judices that the
said damages assessed belong to him, the said judex shall order the
quaestor to make payment to him on the first day possible and the
quaestor shall make this payment without prejudice to himself.
37) THE RESIDUE TO REMAIN in the Treasury.
Whatever is apportioned
to the accounts of persons not appearing the quaestor shall keep in the
treasury...
38) THE PUBLICATION of an Apportionment.
That praetor who gives
public notice of an apportionment in accordance with this law shall
provide to the best of his ability that he have published and posted, in
the manner that he should give public notice, all the aforesaid matters
until payment is made, every day for the greater part of each day in
the Forum, where they can be read clearly from the ground level ...The
praetor who makes the said apportionment shall publish it in the Forum,
where it can be read clearly from the ground level for the next ... days
from that on which the apportionment is made.
39) AFTER FIVE YEARS Such Money To Become the Property of the
People.
Whatever money is deposited in the treasury in accordance with
this law and the quaestor does not pay out in accordance with this law
within five years from that day on which apportionment is made shall
become the property of the people.
40) THE EXACTION OF MONEY FROM SURETIES.
The quaestor assigned the
treasury as his province, to whom sureties are given in accordance with
this law, or whatever quaestor has the same province in the future,
shall provide to the best of his ability that whatever money the said
condemned person does not pay shall be exacted from the said sureties at
the earliest date possible.
41) THE MONEY TO BE SEALED IN BASKETS.
Whatsoever money is
collected for the quaestor in accordance with this law, the said
quaestor shall provide that it shall be placed in baskets and that the
baskets shall be sealed with his own signet ... and that there shall be
written on basket the name of the praetor who assesses the damages and
the source of the money collected and how much is in the said basket.
Each quaestor shall provide to the best of his ability that within the
next five days after the assignment of the treasury as his province to
him the baskets shad be unsealed; and that if the amount of money
written on the said basket is found therein they shall be sealed anew...
42) THE QUAESTOR TO MAKE PAYMENT.
The quaestor assigned the
treasury as his province, without prejudice to himself as an
extraordinary act, shall give and shall pay the money to whom, in
accordance with this law, the praetor having jurisdiction over the
proceedings in accordance with this law orders it to be given or paid,
provided that this is done without any peculation.
43) THE QUAESTOR SHALL Not Cause Any Delay.
The quaestor ...
44) NO ONE TO HINDER A TRIAL.
In regard to a trial which should be
held properly in accordance with law: when it should be held properly in
accordance with this law, no magistrate or promagistrate or person by
virtue of any imperium or authority shall act in such that a trial
cannot be held or a verdict given; nor shall anyone call from or cause
to be called from this trial the person presiding over the trial in
accordance with this law, nor a judex in accordance with this law, nor a
plaintiff in accordance with this law, nor a defendant ... nor shall he
abduct said person nor cause him to be abducted, nor shall he act in a
manner whereby anyone of the said persons shall be unable to be present
at the said trial or to hear the words at the said trial or to retire
for deliberation or to give a verdict; nor shall he order anyone to
dismiss the court, except when the Senate is convened lawfully ... or
unless Centuriate or Tribal Assembly is called within the city for any
reason other than the passage of omnibus legislation.
45) IF A JUDEX CEASES TO FUNCTION, His Successor To Act in His
Place; in Like Manner in Case of the Quaestor.
If the said praetor
having jurisdiction over the proceedings in accordance with this law or
if the said quaestor assigned the treasury or the city as his province
leaves or resigns from the said magistracy, judicial office or imperium,
or dies in office before all the said matters are adjudged, performed,
or completed which it is proper, for the said praetor or the said
quaestor in accordance this law to perform, to complete, or to order
adjudged: whoever shall succeed as praetor and shall have jurisdiction
over the proceedings in accordance with this law or whoever as quaestor
shall have the treasury or the city ... as his province shall provide to
the best of his ability that everything which is not done in accordance
with this law shall be done and that those things which properly should
be done in accordance with this law shall be accomplished, as if this
matter had been had been transacted before him; and in regard to this
matter the law shall apply to the said praetor and to the said quaestor
on all matters not performed in accordance with this law, exactly as if
this matter had been transacted before either of them ...
46) THE JUDGMENT OF CASES in Accordance with the Calpurnian or the
Junian Laws.
As regards persons who have been or shall be tried under
the law passed by the plebeian tribune Lucius Calpurnius, son of Lucius,
or under the law passed by the plebeian tribune Marcus Junius, son of
Decimus, and who have been or shall be acquitted or condemned in the
said trial: it is not the intent of this law that anyone of the said
persons shall be named as an offender on the same matter in accordance
with this law or that the said person shall be tried on the said matter
in accordance with this law. And if anyone is said to have acted
contrary to this law ... unless the law is passed before the said act is
committed, there shall be no action under this law with the said
persons.
47) CASES OF ACCUSATION BY COLLUSION. If the praetor having
jurisdiction over the proceedings in accordance with this law and if the
majority of the judices, who are alive and who are present for judging
the said case in accordance with this law, are satisfied that the person
who makes the accusation in accordance with this law did so by
collusion ...
48) THE GRANT OF CITIZENSHIP.
If anyone of the aforesaid persons
who is not a Roman citizen reports the name of another person as an
offender in accordance with this law ... before the praetor having
jurisdiction over the proceedings in accordance with this law and if the
said person is condemned by the said court by the terms of this law,
then the person who reports his name and by whose efforts the
condemnation was primarily effected ... shall be made a Roman citizen,
if he wishes, himself and his children, who are born to him when he
becomes a Roman citizen in accordance with this law, and the grandsons
then born to said son shall be full Roman citizens; and they shall vote
in that tribe in which the person accused in accordance with this law
voted, and they shall be registered by the censor in that tribe, and
they shall be exempt from military service, and all the money and pay
earned by them they shall receive. It is not the intent of this law ...
to prevent any magistrate or promagistrate ...
49) THE GRANT OF THE RIGHT OF APPEAL and Immunity.
If any person
belonging to the Latin name who has not been a dictator, praetor, or
aedile in his own State, reports the name of another person as an
offender in accordance with this law before the praetor having
jurisdiction over the proceedings in accordance with this law and if the
said person is condemned in the said court by the terms of this law,
then if the person who reports the name and by whose efforts the
condemnation was primarily effected does not wish to become a Roman
citizen in accordance with this law he shall have the right of appeal to
the Roman people thereafter, lust as if he were a Roman citizen.
Likewise, he and his sons and his grandsons through the male line shall
be exempt and immune from military service and from public duties in his
own State.
... is sued, he shall have an option in this matter whether he
desires, either within his own State ... he shall be permitted to have
... If any Roman citizen reports the name of another person as an
offender in accordance with this law ... whoever has or ought to have
the right of appeal in accordance with this law ... the peregrine
praetor ...
http://avalon.law.yale.edu/ancient/acilian_law.asp
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Sunday, April 28, 2013
HOONS' CARS GO UNDER THE HAMMER
JANE ARMITSTEAD
|
February 14th, 2013
![]() |
SELL-OFF: Cars being sold under anti-hooning legislation |
TWENTY-four cars impounded by police under anti-hooning laws were
auctioned off yesterday as part of a police crackdown on Townsville
hoons.
The public auction attracted about 50 bidders interested in picking up a bargain with vehicles going for anything between $75 and $1900.
Townsville Inspector Ian Haughton said vehicles up for auction had either been ordered by a magistrate to become property of the state, had not been collected or had voluntarily been handed over to the state.
"It is one strategy we have in place directed to improve road safety and reduce the road toll," he said.
"By targeting the repeat offenders it demonstrates our commitment to effectively deal with people who continually disobey the law."
While most vehicles remained unroadworthy most were picked up for parts or for personal projects to be done up.
Inspector Haughton said the vehicles had been seized from repeat offenders who were driving an unregistered or uninsured car or driving unlicensed or while disqualified.
"There were some that would be able to be registered and driven and there were some that might take a bit more work," he said.
Bidder Peter O'Connor picked up the most expensive vehicle of the day, a white Pajero for $1900, at his fourth hoon auction.
"I have about 90 guitars so I want a car that can transport my instruments around," he said.
"I have always been interested in hoon auctions and been to plenty but I have never bought one."
Charmaine Koroi and her family bought two cars for around $250 with the aim it would become a first car for her 17-year-old nephew.
"It is a good idea and a great way to pick up a cheap car," she said.
"There should be more of them."
The auctions were introduced to stamp out dangerous driving, drag racing, speed trials and burn-outs as part of the anti-hooning legislation brought in by the State Government in 2008.
The public are urged to call 13HOON (or 134 666) to report any hooning activity to police.
http://www.townsvillebulletin.com.au/article/2013/02/14/375415_news.html
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The public auction attracted about 50 bidders interested in picking up a bargain with vehicles going for anything between $75 and $1900.
Townsville Inspector Ian Haughton said vehicles up for auction had either been ordered by a magistrate to become property of the state, had not been collected or had voluntarily been handed over to the state.
"It is one strategy we have in place directed to improve road safety and reduce the road toll," he said.
"By targeting the repeat offenders it demonstrates our commitment to effectively deal with people who continually disobey the law."
While most vehicles remained unroadworthy most were picked up for parts or for personal projects to be done up.
Inspector Haughton said the vehicles had been seized from repeat offenders who were driving an unregistered or uninsured car or driving unlicensed or while disqualified.
"There were some that would be able to be registered and driven and there were some that might take a bit more work," he said.
Bidder Peter O'Connor picked up the most expensive vehicle of the day, a white Pajero for $1900, at his fourth hoon auction.
"I have about 90 guitars so I want a car that can transport my instruments around," he said.
"I have always been interested in hoon auctions and been to plenty but I have never bought one."
Charmaine Koroi and her family bought two cars for around $250 with the aim it would become a first car for her 17-year-old nephew.
"It is a good idea and a great way to pick up a cheap car," she said.
"There should be more of them."
The auctions were introduced to stamp out dangerous driving, drag racing, speed trials and burn-outs as part of the anti-hooning legislation brought in by the State Government in 2008.
The public are urged to call 13HOON (or 134 666) to report any hooning activity to police.
http://www.townsvillebulletin.com.au/article/2013/02/14/375415_news.html
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Saturday, April 27, 2013
SPACE EVADERS - TRAM INSPECTORS CAN'T CHASE, CORRAL TARGETS
Nadia Salemme MX
Friday 26 April 2013
TICKET inspectors
have been banned from chasing and surrounding fare evaders, according
to a secret memo from Yarra Trams. There are other private public transport companies raping the community besides Yarra Trams so be careful out there guys. LEST WE FORGET that the ticket inspectors, pretend police and police have the capacity for violence against innocent people.
The leaked
document stated authorised officers “must not block the path of, or
attempt to physically detain a person who attempts to walk/run away”
in a move that could help fare evaders.
The internal memo,
leaked to radio 3AW tody, said inspectors weren't allowed to
“surround or corral” a passenger, or pursue them if the passenger
physically attacked an inspector.
The policy, which
came into effect last month, said an arrest should only be made “as
an absolute last resort”.
The memo said it
was introduced because inspectors had been “injured as a result of
unruly passengers during physical detention”. There were 10
assaults on inspectors between January and March, a “slight rise”
on the same period last year.
A Yarra Trams
spokesman confirmed the details of the memo today.
One regular tram
user said: “I would just run. If it was outside of my usual commute
to work, I probably would.”
Public Transport
Users Association president Tony Morton said the policy was
“positive” and would “call off their rather aggressive
arresting tactics”.
“We don't
condone fare evasion but we don't like to see a system that turns the
interaction between staff andpassengers into a confrontation,” he
said.
“In the past you
had scenes where half a dozen ticket inspectors basically get quite
physically aggressive with people over an unpaid fine.”
ETHICAL DONATORS AND COMMUNITY MEMBERS REQUIRED, TO FILL THIS SPACE WITH YOUR POLITICAL SLOGANS, ADVERTISING OFFERS, WEBSITE DETAILS, CHARITY REQUESTS, LECTURE OPPORTUNITIES, EDUCATIONAL WORKSHOPS, SPIRITUAL AND/OR HEALTH ENLIGHTENMENT COURSES.
AS AN IMPORTANT MEMBER OF THE GLOBAL INDEPENDENT MEDIA COMMUNITY, MIKIVERSE POLITICS HONOURABLY REQUESTS YOUR HELP TO KEEP YOUR NEWS, DIVERSE,AND FREE OF CORPORATE, GOVERNMENT SPIN AND CONTROL. FOR MORE INFO ON HOW YOU MAY ASSIST, PLEASE CONTACT:themikiverse@gmail.com
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THE ONE PEOPLE: OATH AND BOND DOCUMENTS
Our hearts are full with the many One People anxious to express their
commitment to peace and freedom by signing an Oath and Bond. On this
page you can review the offered documents and their purpose, however,
please be patient with the submission process. We are establishing an
interactive system to receive and catalogue your signed documents and
hope to have that complete in a matter of days.
This is part of a skype room response to conversation about these documents: “Yes, Sean you are right the Oath and Bond has two different “audiences” if you will.
Servant, for those who would like to be part of the CVAC type system which would be only a temporary bridging “entity”-”council”,lasting no more than a year, that kind of idea…to move us from the fake governments we think we have to the place where each person stands in complete empowerment and responsibility for themselves- self governance.
Protector, for former and current military, think of all the truly positive things that the coast guard or the national guard do, in emergencies or helping to organize that sort of thing and you will have a picture of what this group of people will do.
We have a beautiful example of the integrity and BEing and DOing of just such a person in this room, Captain Deryl Delany… (hug)
These things are all clearly laid out in all the OPPT documents and they are all easy to locate on the One People’s site currently oppt-in.com
So if you feel that you fit into one of these two “audiences” and you want to step forward in a specific capacity under CVAC guidelines then these Oath and Bond documents are something you might see if you have a resonance for signing.
In my discussions with Chris on developing a section on the website for these documents and the best ways to get them online, facilitate people who wanted to send them in and then present them in a way that serves all and moves this forward…
I mentioned that I felt it was very important to have another document. One that let people step forward and declare their knowing of being free and wanting to declare they were committed to building Nova Earth in their own special way.
For some that would be just as simple as publicly stating their full name, their city and country in a Declaration of Freedom. The vision that came to me had thousands upon thousands of people’s names scrolling on the website. And the energy from all those eternal essence embodied on the site inspired others to wake up and submit their Declaration of Freedom and perhaps choose to sign one of the Oath and Bonds.
It also inspired those who submitted their Declaration of Freedom to co-create with others in specific ways that organically evolved out of these first steps.
There were a few glimpses in here today of the germination of those kinds of organic co-creative ideas in between all of the old paradigm angry accusatory and assumptive energy. Discourse, discussion and dissecting different ideas processes, ways of being and doing is good especially when we work to leave all but coming from the energy of Love out of the equation.
Freedom and working in Transparency, integrity and co-creativity is hard work and something that has been beaten down in us. So lets work together, play together, imagine together and co-create together from a heart centered high energy vibration.”
PLEASE NOTE:
You do not have to sign anything if you do not want to, it is your free will choice.
Signing either of these bonds is an act of commitment and support.
They are of limited duration.
INTRODUCTION:
The dissolution of the One People Public trust by UCC filing #2013032035 on March 18 2013 was the final step that lawfully returned the One People of Earth to their true freedom and status.
“II. I duly verify, with full responsibility and liability, by DECLARATION OF ABSOLUTE AUDIT AND RECONCILIATION, that all that IS has been fully audited and reconciled into Absolute, eternal essence, inclusive of all trusts, systems, networks, regimes, hierarchies, and any and all other limits, unrebutted;”
All that now remains on the planet are the One People as eternal essence embodied, absent limits, Absolute.
We just graduated. Our thinking needs to adjust to the reality of the new paradigm and drop the acronym “OPPT” except when referring to the UCC filings created when the Trust was operating which, although the UCC has also been reconciled and archived still remain in force.
The phrase “the One People” is all that is needed to describe our civilization.
An outbreak of peace is soon to occur and a monumental shift in every aspect of this civilization is going to require that all of us contribute our energy in whatever way we can. If you have been following the shows then you already know this.
To that end what is presented here is an opportunity for two levels of commitment to establishing peace and freedom on Earth.
You do not have to give your Oath and Bond to support the One People. You can do anything you are moved to do without these. However if you would like to be involved in the CVAC Systems of Assistance or in carrying out the Military Order it is required by the original OPPT UCC filings at this stage.
It is a free will choice.
Oath and Bond for Public Servant to the One People.
This is for anyone who wants to contribute time and energy to establishing and maintaining the CVAC SYSTEMS OF ASSISTANCE. All manner of skills will be required over the next year.
Oath and Bond for Protector of the One People.
This Bond and Oath is for serving or ex-military who volunteer to assist in the enforcement of the UCC Military order that peacefully closes out the old system.
Note that oaths previously made to foreclosed corporate governments are no longer valid however the intent to serve the people and actually fix this world lives on inside true oath-keepers.
Here is your chance to fulfill your true oath.
Instructions:
Please download the file, fill it in with Name and Address, sign it and seal with thumbprint and date. Then scan to a PDF and upload to the same webpage.
When you upload it, you will be prompted to provide the same details for the database so your Bond and Oath is recorded.
NOTE: Read these documents out loud once you have filled them in. Their meaning is energetically stored within you when you do so.
Oath and Bond for Public Servant to the One People
http://oppt-in.com/oath-and-bond/
ETHICAL DONATORS AND COMMUNITY MEMBERS REQUIRED, TO FILL THIS SPACE WITH YOUR POLITICAL SLOGANS, ADVERTISING OFFERS, WEBSITE DETAILS, CHARITY REQUESTS, LECTURE OPPORTUNITIES, EDUCATIONAL WORKSHOPS, SPIRITUAL AND/OR HEALTH ENLIGHTENMENT COURSES. AS AN IMPORTANT MEMBER OF THE GLOBAL INDEPENDENT MEDIA COMMUNITY, MIKIVERSE POLITICS HONOURABLY REQUESTS YOUR HELP TO KEEP YOUR NEWS, DIVERSE,AND FREE OF CORPORATE, GOVERNMENT SPIN AND CONTROL. FOR MORE INFO ON HOW YOU MAY ASSIST, PLEASE CONTACT:themikiverse@gmail.com
This is part of a skype room response to conversation about these documents: “Yes, Sean you are right the Oath and Bond has two different “audiences” if you will.
Servant, for those who would like to be part of the CVAC type system which would be only a temporary bridging “entity”-”council”,lasting no more than a year, that kind of idea…to move us from the fake governments we think we have to the place where each person stands in complete empowerment and responsibility for themselves- self governance.
Protector, for former and current military, think of all the truly positive things that the coast guard or the national guard do, in emergencies or helping to organize that sort of thing and you will have a picture of what this group of people will do.
We have a beautiful example of the integrity and BEing and DOing of just such a person in this room, Captain Deryl Delany… (hug)
These things are all clearly laid out in all the OPPT documents and they are all easy to locate on the One People’s site currently oppt-in.com
So if you feel that you fit into one of these two “audiences” and you want to step forward in a specific capacity under CVAC guidelines then these Oath and Bond documents are something you might see if you have a resonance for signing.
In my discussions with Chris on developing a section on the website for these documents and the best ways to get them online, facilitate people who wanted to send them in and then present them in a way that serves all and moves this forward…
I mentioned that I felt it was very important to have another document. One that let people step forward and declare their knowing of being free and wanting to declare they were committed to building Nova Earth in their own special way.
For some that would be just as simple as publicly stating their full name, their city and country in a Declaration of Freedom. The vision that came to me had thousands upon thousands of people’s names scrolling on the website. And the energy from all those eternal essence embodied on the site inspired others to wake up and submit their Declaration of Freedom and perhaps choose to sign one of the Oath and Bonds.
It also inspired those who submitted their Declaration of Freedom to co-create with others in specific ways that organically evolved out of these first steps.
There were a few glimpses in here today of the germination of those kinds of organic co-creative ideas in between all of the old paradigm angry accusatory and assumptive energy. Discourse, discussion and dissecting different ideas processes, ways of being and doing is good especially when we work to leave all but coming from the energy of Love out of the equation.
Freedom and working in Transparency, integrity and co-creativity is hard work and something that has been beaten down in us. So lets work together, play together, imagine together and co-create together from a heart centered high energy vibration.”
PLEASE NOTE:
You do not have to sign anything if you do not want to, it is your free will choice.
Signing either of these bonds is an act of commitment and support.
They are of limited duration.
INTRODUCTION:
The dissolution of the One People Public trust by UCC filing #2013032035 on March 18 2013 was the final step that lawfully returned the One People of Earth to their true freedom and status.
“II. I duly verify, with full responsibility and liability, by DECLARATION OF ABSOLUTE AUDIT AND RECONCILIATION, that all that IS has been fully audited and reconciled into Absolute, eternal essence, inclusive of all trusts, systems, networks, regimes, hierarchies, and any and all other limits, unrebutted;”
All that now remains on the planet are the One People as eternal essence embodied, absent limits, Absolute.
We just graduated. Our thinking needs to adjust to the reality of the new paradigm and drop the acronym “OPPT” except when referring to the UCC filings created when the Trust was operating which, although the UCC has also been reconciled and archived still remain in force.
The phrase “the One People” is all that is needed to describe our civilization.
An outbreak of peace is soon to occur and a monumental shift in every aspect of this civilization is going to require that all of us contribute our energy in whatever way we can. If you have been following the shows then you already know this.
To that end what is presented here is an opportunity for two levels of commitment to establishing peace and freedom on Earth.
You do not have to give your Oath and Bond to support the One People. You can do anything you are moved to do without these. However if you would like to be involved in the CVAC Systems of Assistance or in carrying out the Military Order it is required by the original OPPT UCC filings at this stage.
It is a free will choice.
Oath and Bond for Public Servant to the One People.
This is for anyone who wants to contribute time and energy to establishing and maintaining the CVAC SYSTEMS OF ASSISTANCE. All manner of skills will be required over the next year.
Oath and Bond for Protector of the One People.
This Bond and Oath is for serving or ex-military who volunteer to assist in the enforcement of the UCC Military order that peacefully closes out the old system.
Note that oaths previously made to foreclosed corporate governments are no longer valid however the intent to serve the people and actually fix this world lives on inside true oath-keepers.
Here is your chance to fulfill your true oath.
Instructions:
Please download the file, fill it in with Name and Address, sign it and seal with thumbprint and date. Then scan to a PDF and upload to the same webpage.
When you upload it, you will be prompted to provide the same details for the database so your Bond and Oath is recorded.
NOTE: Read these documents out loud once you have filled them in. Their meaning is energetically stored within you when you do so.
Oath and Bond for Public Servant to the One People
http://oppt-in.com/oath-and-bond/
ETHICAL DONATORS AND COMMUNITY MEMBERS REQUIRED, TO FILL THIS SPACE WITH YOUR POLITICAL SLOGANS, ADVERTISING OFFERS, WEBSITE DETAILS, CHARITY REQUESTS, LECTURE OPPORTUNITIES, EDUCATIONAL WORKSHOPS, SPIRITUAL AND/OR HEALTH ENLIGHTENMENT COURSES. AS AN IMPORTANT MEMBER OF THE GLOBAL INDEPENDENT MEDIA COMMUNITY, MIKIVERSE POLITICS HONOURABLY REQUESTS YOUR HELP TO KEEP YOUR NEWS, DIVERSE,AND FREE OF CORPORATE, GOVERNMENT SPIN AND CONTROL. FOR MORE INFO ON HOW YOU MAY ASSIST, PLEASE CONTACT:themikiverse@gmail.com
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STRUCTURE OF THE BIRTH CERTIFICATE
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|
By: David Deschesne
Fort
Fairfield Journal, May 11, 2005
A certificate is a "paper
establishing an ownership claim." - Barron's Dictionary of
Banking Terms. Registration of births began in 1915, by the
Bureau of Census, with all states adopting the practice by 1933.
Birth and marriage certificates
are a form of securities called "warehouse receipts."
The items included on a warehouse receipt, as descried at §7-202
of the Uniform Commercial Code, the law which governs commercial
paper and transactions, which parallel a birth or marriage
certificate are:
-the location of the
warehouse where the goods are stored...(residence)
-the date of issue of
the receipt.....("Date issued")
-the consecutive
number of the receipt...(found on back or front of the
certificate, usually in red numbers)
-a description of the
goods or of the packages containing them...(name, sex, date of
birth, etc.)
-the signature of the
warehouseman, which may be made by his authorized
agent...(municipal clerk or state registrar's signature)
Birth/marriage certificates now
appear to at least qualify as "warehouse receipts" under
the Uniform Commercial Code. Black's Law Dictionary, 7th ed.
defines:
warehouse
receipt. "...A warehouse receipt, which is considered a
document of title, may be a negotiable instrument and is often
used for financing with inventory as security."
Since the U.S. went bankrupt in
1933, all new money has to be borrowed into existence. All
states started issuing serial-numbered, certificated "warehouse
receipts" for births and marriages in order to pledge us as
collateral against those loans and municipal bonds taken out with
the Federal Reserve's banks. The "Full faith and
Credit" of the American people is said to be that which back
the nation's debt. That simply means the American people's
ability to labor and pay back that debt. In order to catalog
its laborers, the government needed an efficient, methodical
system of tracking its property to that end. Humans today
are looked upon merely as resources - "human resources,"
that is.
Governmental assignment of a
dollar value to the heads of citizens began on July 14, 1862 when
President Lincoln offered 6 percent interest bearing-bonds to
states who freed their slaves on a "per head" basis.
This practice of valuating humans (cattle?) continues today with
our current system of debt-based currency reliant upon a steady
stream of fresh new chattels to back it.
Additional
Birth Certificate Research
Federal
Children
by Joyce Rosenwald
In
1921, the federal Sheppard-Towner Maternity Act created the birth
"registration" or what we now know as the "birth
certificate." It was known as the "Maternity Act"
and was sold to the American people as a law that would reduce
maternal and infant mortality, protect the health of mothers and
infants, and for "other purposes." One of those other
purposes provided for the establishment of a federal bureau
designed to cooperate with state agencies in the overseeing of its
operations and expenditures. What it really did was create a
federal birth registry which exists today, creating "federal
children." This government, under the doctrine of "Parens
Patriae," now legislates for American children as if they are
owned by the federal government. Through the public school
enrollment process and continuing license requirements for most
aspects of daily life, these children grow up to be adults
indoctrinated into the process of asking for "permission"
from Daddy government to do all those things necessary to carry
out daily activities that exist in what is called a "free
country."
Before
1921 the records of births and names of children were entered into
family bibles, as were the records of marriages and deaths. These
records were readily accepted by both the family and the law as
"official" records. Since 1921 the American people have
been registering the births and names of their children with the
government of the state in which they are born, even though there
is no federal law requiring it. The state tells you that
registering your child's birth through the birth certificate
serves as proof that he/she was born in the united States ,
thereby making him/her a United States Citizen. For the past
several years a social security number has been mandated by the
federal government to be issued at birth.
In
1933, bankruptcy was declared by President Roosevelt. The
governors of the then 48 States pledged the "full faith and
credit" of their states, including the citizenry, as
collateral for loans of credit from the Federal Reserve system. To
wit:"Full faith and credit" clause of Const. U.S.
article 4. sec. 1, requires that foreign judgement be given such
faith and credit as it had by law or usage of state of it's
origin. That foreign statutes are to have force and effect to
which they are entitled in home state. And that a judgement or
record shall have the same faith, credit, conclusive effect, and
obligatory force in other states as it has by law or usage in the
state from whence taken.
Black's Law Dictionary, 4th Ed. cites omitted.
The
state claims an interest in every child within it's jurisdiction.
The state will, if it deems it necessary, nullify your parental
rights and appoint a guardian (trustee) over your children. The
subject of every birth certificate is a child. The child is a
valuable asset, which if properly trained, can contribute valuable
assets provided by its labor for many years. It is presumed by
those who have researched this issue, that the child itself is the
asset of the trust established by the birth certificate, and the
social security number is the numbering or registration of the
trust, allowing for the assets of the trust to be tracked. If this
information is true, your child is now owned by the state. Each
one of us, including our children, are considered assets of the
bankrupt united states. We are now designated by this government
as "HUMAN RESOURCES," with a new crop born every year."
In
1923, a suit was brought against federal officials charged with
the administration of the maternity act, who were citizens of
another state, to enjoin them from enforcing it, wherein the
plaintiff averred that the act was unconstitutional, and that it's
purpose was to induce the States to yield sovereign rights
reserved by them through the federal Constitution's 10th amendment
and not granted to the federal government, and that the burden of
the appropriations falls unequally upon the several States, held,
that, as the statute does not require the plaintiff to do or yield
anything, and as no burden is imposed by it other than that of
taxation, which falls, not on the State but on her inhabitants,
who are within the federal as well as the state taxing power, the
complaint resolves down to the naked contention that Congress has
usurped reserved powers of the States by the mere enactment of the
statute, though nothing has been, or is to be, done under it
without their consent (Commonwealth of Massachusetts vs. Mellon,
Secretary of the Treasury, et al.; Frothingham v. Mellon,
Secretary of the Treasury et.al..) Mr. Alexander Lincoln,
Assistant Attorney General, argued for the Commonwealth of
Massachusetts . To wit:
I.
The act is unconstitutional. It purports to vest in agencies of
the Federal Government powers which are almost wholly undefined,
in matters relating to maternity and infancy, and to authorize
appropriations of federal funds for the purposes of the act.
Many
examples may be given and were stated in the debates on the bill
in Congress of regulations which may be imposed under the act. THE
FORCED REGISTRATION OF PREGNANCY, GOVERNMENTAL PRENATAL
EXAMINATION OF EXPECTANT MOTHERS, RESTRICTIONS ON THE RIGHT OF A
WOMAN TO SECURE THE SERVICES OF A MIDWIFE OR PHYSICIAN OF HER OWN
SELECTION, are measures to which the people of those States which
accept its provisions may be subjected. There is nothing which
prohibits the payment of subsidies out of federal appropriations.
INSURANCE OF MOTHERS MAY BE MADE COMPULSORY. THE TEACHING OF BIRTH
CONTROL AND PHYSICAL INSPECTION OF PERSONS ABOUT TO MARRY MAY BE
REQUIRED.
By
section 4 of the act, the Children's Bureau is given all necessary
powers to cooperate with the state agencies in the administration
of the act. Hence it is given the power to assist in the
enforcement of the plans submitted to it, and for that purpose by
its agents to go into the several States and to do those acts for
which the plans submitted may provide. As to what those plans
shall provide, the final arbiters are the Bureau and the Board.
THE FACT THAT IT WAS CONSIDERED NECESSARY IN EXPLICIT TERMS TO
PRESERVE FROM INVASION BY FEDERAL OFFICIALS THE RIGHT OF THE
PARENT TO THE CUSTODY AND CARE OF HIS CHILD AND THE SANCTITY OF
HIS HOME SHOWS HOW FAR REACHING ARE THE POWERS WHICH WERE INTENDED
TO BE GRANTED BY THE ACT.
(1)
The act is invalid because it assumes powers not granted to
Congress and usurps the local police power. McCulloch v. Maryland
, 4 Wheat. 316, 405; United States v. Cruikshank, 92 U.S. 542,
549-551.
In
more recent cases, however, the Court has shown that there are
limits to the power of Congress to pass legislation purporting to
be based on one of the powers expressly granted to Congress which
in fact usurps the reserved powers of the States, and that laws
showing on their face detailed regulation of a matter wholly
within the police power of the States will be held to be
unconstitutional although they purport to be passed in the
exercise of some constitutional power. Hammer v. Dagenhart, 247
U.S. 251; Child Labor Tax Case, 259 U.S. 20; Hill v. Wallace, 259
U.S. 44.
The
act is not made valid by the circumstance that federal powers are
to be exercised only with respect to those States which accept the
act, for Congress cannot assume, and state legislatures cannot
yield, the powers reserved to the States by the Constitution.
Message of President Monroe, May 4, 1822 ; 4 Elliot's Debates, p.
525; Pollard's Lessee v. Hagan, 3 How. 212; Escanaba Co. v.
Chicago , 107 U.S. 678; Coyle v. Oklahoma , 221 U.S. 559;
Cincinnati v. Louisville & Nashville R.R. Co., 223 U.S. 390.
(2)
The act is invalid because it imposes on each State an illegal
option either to yield a part of its powers reserved by the Tenth
Amendment or to give up its share of appropriations under the act.
A statute attempting, by imposing conditions upon a general
privilege, to exact a waiver of a constitutional right, is null
and void. Harrison v. St. Louis & San Francisco R.R. Co., 232
U.S. 318; Terral v. Burke Construction Co., 257 U.S. 529.
(3)
The act is invalid because it sets up a system of government by
cooperation between the Federal Government and certain of the
States, not provided by the Constitution. Congress cannot make
laws for the States, and it cannot delegate to the States the
power to make laws for the United States . In re Rahrer, 140 U.S.
545; Knickerbocker Ice Co. v. Stewart, 253 U.S. 149; Opinion of
the Justices, 239 Mass. 606.
The
Maternity Act was eventually repealed, but parts of it have been
found in other legislative acts. What this act attempted to do was
set up government by appointment, run by bureaucrats with
re-delegated authority to tax, which is in itself
unconstitutional. What was once declared as unconstitutional by
the Supreme Court of this nation in the past should be upheld in a
court challenge today. The constitution hasn't changed. What has
changed is the way this government views human life. Today we are
defined as human resources, believed to be owned by government.
The government now wants us, as individuals, to be tagged and
tracked. Government mandated or legislated National I.D. is
unconstitutional anyway you look at it. Federal jurisdiction to
legislate for the several states does not exist and could never
survive a court challenge as shown above. Writing letters to
elected public servants won't save us when we all know their
agenda does not include serving those who placed them in power.
Perhaps the 10th amendment of the federal constitution
guaranteeing states rights will, if challenged, when making it
known that we as individuals of the several states will not be
treated as chattel of the U.S. government. If the federal
government believes they own us, and as such have the right to
demand national I.D. cards, and health I.D. cards, which will in
truth tag us as we tag our animals, then let them bring forth the
documents to prove their authority to legislate for it. If our G-D
given rights to liberty and freedom, which were the foundation
upon which this nation was created do not exist, and liberty and
freedom is only an illusion under which the American people
suffer, then let the governments of this nation come forward and
tell the people. But...if we are indeed free, then we should not
have to plead or beg before our elected public servants to be
treated as such. If, in truth we are not free, then perhaps it's
time to let the final chapter of the Great American Revolution be
written..........
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Friday, April 26, 2013
JOHN PASCOE RIDES AGAIN. FEDERAL MAGISTRATES COURT OF AUSTRALIA CHANGES NAME BUT NOT THE CRIMINAL RUNNING THE JOINT
Chief Federal Magistrate John Pascoe
is now known as Chief Judge John Pascoe given the court changed its
name and judicial titles last Friday. It still does not change the fact
he is the biggest criminal in the judicial system. Not many people can
lay claim to fame that they have ripped off every Australian which John
Pascoe can, given his price-fixing history when he was running George
Weston Foods.
Chief Judge John Pascoe’s criminal history is rather long and the evidence is some of the most powerful any prosecutor could ever want given a lot of it has already been tested in court. I have written about John Pascoe before in an extensive and well documented post in July 2011 titled “The handiwork of Chief Federal Magistrate John Pascoe – witness bribing, price-fixing, succumbing to blackmail to conceal a crime and lying to shareholders etc. Is there anything this man cannot do?” (Click here to read the post)
With the courts name change and the elevation of the Magistrates to Judges it is worth looking again at Mr Pascoe and who and what he is. The government have promoted the magistrates, yet failed to address the underlying problems of the court. That being its credibility with John Pascoe running the show.
John Pascoe’s criminal conduct was brought to light in a judgement handed down in 2004 by the then Federal Court judge, Justice Roger Gyles, in the matter, Australian Competition & Consumer Commission v George Weston Foods Limited [2004] FCA 1093 (25 August 2004) (Click here to read the judgement)
Pascoe’s background
As I have dealt with John Pascoe extensively before I will just recap the key points.
John Pascoe was CEO and Chairman of George Weston foods for almost 20 years before he was parachuted into the Chief Federal Magistrates position just a couple of months before the ACCC v George Weston Foods judgement in 2004. That judgement would have ended Mr Pascoe’s corporate career if he had not ended it himself by taking the Chief Federal Magistrate judicial position.
Overview of the previous post:
1. John Pascoe’s time as CEO / Director and Chairman of George Weston Foods where there was mass price-fixing, witness bribing and John Pascoe succumbed to blackmail by Dick Honan (Chairman of Manildra) to conceal price-fixing.
2. John Pascoe’s time as Director/Chairman of Aristocrat Leisure Limited where he was involved with making false and misleading statements and breaching continuous disclosure laws. This lead to a multi-million dollar payout to the victims.
3. John Pascoe’s attempt to conceal plagiarism by the former Federal Magistrate Jennifer Rimmer.
4. The fraud at the Federal Magistrates Court of Australia under his direction and management.
5. Chief Federal Magistrate John Pascoe hearing a case where there was an alleged breach of the Trade Practices Act. The same Trade Practices Act that John Pascoe was breaching on an ongoing basis when he was CEO/Chairman at George Western Foods.
6. Is Chief Federal Magistrate John Pascoe permanently out to lunch? His lazy work ethics as Chief Federal Magistrate.
And the dissection of the ACCC v George Weston Foods judgement in the previous post:
A quick outline of the case is that the ACCC took legal action against George Weston Foods for price-fixing and also one of its directors Paul Loneragan. George Weston Foods claim they sacked Paul Loneragan when they found out that he was trying to fix the price of flour but this does not stand up to scrutiny. Mysteriously the charges against Paul Loneragan were dropped as you will find out.
Questions: (re: ACCC – George Weston Foods) (Click here to read the judgement)
As of last Friday the Federal Magistrates Court of Australia was renamed the Federal Circuit Court of Australia. Why the courts name change? On the Attorney-General’s website it says “The new title of Judge also better reflects the status of this court, created under Chapter III of the Australian Constitution.” It seems a waste of time to me and was only done for the egos of the magistrates who can now call themselves a Judge. Also the name might have been changed to hide the poor history of the Federal Magistrates Court, but a name change will only do that short-term unless underlying problems are addressed. Getting rid of John Pascoe is the first priority if the court is going have any credibility.
A new judicial complaints process also started operation last Friday which I will do a separate post on in the near future. I might even give it a road test and make a formal complaint about one of the many corrupt judges which I have done before to no avail. It says on the website for Attorney-General Mark Dreyfus QC:
http://kangaroocourtofaustralia.com/2013/04/17/john-pascoe-rides-again-federal-magistrates-court-of-australia-changes-name-but-not-the-criminal-running-the-joint/
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Chief Judge John Pascoe’s criminal history is rather long and the evidence is some of the most powerful any prosecutor could ever want given a lot of it has already been tested in court. I have written about John Pascoe before in an extensive and well documented post in July 2011 titled “The handiwork of Chief Federal Magistrate John Pascoe – witness bribing, price-fixing, succumbing to blackmail to conceal a crime and lying to shareholders etc. Is there anything this man cannot do?” (Click here to read the post)
With the courts name change and the elevation of the Magistrates to Judges it is worth looking again at Mr Pascoe and who and what he is. The government have promoted the magistrates, yet failed to address the underlying problems of the court. That being its credibility with John Pascoe running the show.
John Pascoe’s criminal conduct was brought to light in a judgement handed down in 2004 by the then Federal Court judge, Justice Roger Gyles, in the matter, Australian Competition & Consumer Commission v George Weston Foods Limited [2004] FCA 1093 (25 August 2004) (Click here to read the judgement)
Pascoe’s background
As I have dealt with John Pascoe extensively before I will just recap the key points.
John Pascoe was CEO and Chairman of George Weston foods for almost 20 years before he was parachuted into the Chief Federal Magistrates position just a couple of months before the ACCC v George Weston Foods judgement in 2004. That judgement would have ended Mr Pascoe’s corporate career if he had not ended it himself by taking the Chief Federal Magistrate judicial position.
Overview of the previous post:
1. John Pascoe’s time as CEO / Director and Chairman of George Weston Foods where there was mass price-fixing, witness bribing and John Pascoe succumbed to blackmail by Dick Honan (Chairman of Manildra) to conceal price-fixing.
2. John Pascoe’s time as Director/Chairman of Aristocrat Leisure Limited where he was involved with making false and misleading statements and breaching continuous disclosure laws. This lead to a multi-million dollar payout to the victims.
3. John Pascoe’s attempt to conceal plagiarism by the former Federal Magistrate Jennifer Rimmer.
4. The fraud at the Federal Magistrates Court of Australia under his direction and management.
5. Chief Federal Magistrate John Pascoe hearing a case where there was an alleged breach of the Trade Practices Act. The same Trade Practices Act that John Pascoe was breaching on an ongoing basis when he was CEO/Chairman at George Western Foods.
6. Is Chief Federal Magistrate John Pascoe permanently out to lunch? His lazy work ethics as Chief Federal Magistrate.
And the dissection of the ACCC v George Weston Foods judgement in the previous post:
A quick outline of the case is that the ACCC took legal action against George Weston Foods for price-fixing and also one of its directors Paul Loneragan. George Weston Foods claim they sacked Paul Loneragan when they found out that he was trying to fix the price of flour but this does not stand up to scrutiny. Mysteriously the charges against Paul Loneragan were dropped as you will find out.
Questions: (re: ACCC – George Weston Foods) (Click here to read the judgement)
- In paragraph 7, John Pascoe obviously succumbed to corporate blackmail by Dick Honan to conceal the crime of attempted price-fixing of flour. Why did he do this?
- From paragraph 6, it looks fairly clear that Goodman Fielder was involved in the price-fixing as well. If this is correct, his company also colluded with Goodman Fielder to fix the price of flour and fraudulently ripped off the Australian public.
- In Paragraph 9 Justice Gyles says “It is of some significance that no notes were taken of the meeting between Pascoe and Loneragan. Pascoe considered whether the company should make disclosure to the ACCC but elected not to do so.” Why did John Pascoe not take notes? And why did John Pascoe not go to the ACCC?
- Paragraphs 10 to 15 deal with Loneragan’s termination. Why if John Pascoe sacked him did he not make other employees aware?
- Why did John Pascoe make out Loneragan had resigned?
- Why did John Pascoe give Paul Loneragan $461,787 when he left?
- Paul Loneragan’s actions were cause for summary dismissal and John Pascoe should not have paid him anything?
- In paragraph 14 John Pascoe re-employed Loneragan. Why did he re-employ him?
- In paragraph 14 Justice Gyles says: “Although the evidence is not very satisfactory, that arrangement appears to have continued in one form or another until at least October 2003, notwithstanding that Pascoe said in his s155 examination that the practice had ceased by late 2001.” Why did John Pascoe lie to the ACCC and tell them that it had ceased in 2001 when in fact it had continued until 2003?
- Paragraphs 16, 17 and 18 deal with previous price-fixing and it is interesting to note at the end of paragraph 16 Justice Gyles says “The penalty was imposed by Sheppard J on 7 October 1981. Pascoe gave evidence at the s155 examination that he had been the solicitor for Weston for some years before joining it.” So that means all the price-fixing was going on at the company either while John Pascoe was a solicitor for the company, a Director(1981), CEO and Director(1985 -2000) or Chairman (2000).
- Paragraph 21 shows your abuse of the legal system in delaying tactics. Why did John Pascoe do this?
- In Paragraph 23 Justice Gyles says “An alternative hypothesis, of course, is that this kind of activity was commonplace in a tightly organised oligopoly and that this incident only came to light because of Dick Honan’s desire to play it as a card in a collateral commercial dispute. The evidence given by Loneragan as to his discussion with the officer of Goodman Fielder is to be noted.” Is this is true? John Pascoe and George Weston Foods were ripping of the public for years if not decades?
- Why did the ACCC not prosecute Loneragan? Did John Pascoe negotiate a settlement with them via his mate and ACCC Chairman Graeme Samual?
- In Paragraph 24 Justice Gyles says “These decisions are sought to be justified by the receipt of legal advice as to defamation on the one hand and an action for wrongful dismissal on the other. That legal advice has not been tendered and no author has been called. Weston has gone to considerable lengths to avoid any disclosure of that legal advice in the course of these proceedings. In the absence of that evidence and in the light of the circumstances, I do not take that explanation seriously”. John Pascoe is a qualified lawyer and did not need to get legal advice. Justice Gyles is in effect calling John Pascoe a liar? This is important as it is consistent with what happened at Aristocrat when John Pascoe was Chairman there and I will raise it later in this post.
- In paragraph 25 Justice Gyles again basically calls John Pascoe a liar. John Pascoe was telling the ACCC one thing and doing the total opposite. Why was this?
- In paragraph 26 Justice Gyles says: “On the evidence before me the conclusion is open that Weston was keeping Loneragan ‘on side’ during the ACCC investigations. Whether that is so or not, there is much concerning the contravening conduct and its aftermath which has not been satisfactorily explained.” This is in effect bribing a witness? John Pascoe kept him on the payroll so he did not spill the beans against John Pascoe and George Weston Foods.
- In paragraph 27 Justice Gyles says: “What is more, the conduct is typical cartel behaviour, very similar in substance to that in which the company was involved in the glucose price-fixing case. Such behaviour is notoriously difficult to detect. In those cases where it is detected, deterrence demands a heavy penalty.” The average person would think that the price-fixing was rampant over many years which is was.
- In paragraph 31 Justice Gyles says: “I am not persuaded that the orders sought concerning a compliance program should be made in this case. I have said that I am satisfied that the existing compliance program is serious and well designed. No compliance program can effectively deal with deliberate breaches by those at board level.” Having regard for the numerous breaches of the laws and the continued price-fixing, why was this continually happening on John Pascoe’s watch?
- Lying during a s155 examination is a criminal offence and clearly John Pascoe has never been charged. Why is this? This is the same offence that Richard Pratt was charged for.
As of last Friday the Federal Magistrates Court of Australia was renamed the Federal Circuit Court of Australia. Why the courts name change? On the Attorney-General’s website it says “The new title of Judge also better reflects the status of this court, created under Chapter III of the Australian Constitution.” It seems a waste of time to me and was only done for the egos of the magistrates who can now call themselves a Judge. Also the name might have been changed to hide the poor history of the Federal Magistrates Court, but a name change will only do that short-term unless underlying problems are addressed. Getting rid of John Pascoe is the first priority if the court is going have any credibility.
A new judicial complaints process also started operation last Friday which I will do a separate post on in the near future. I might even give it a road test and make a formal complaint about one of the many corrupt judges which I have done before to no avail. It says on the website for Attorney-General Mark Dreyfus QC:
“This new complaints
framework will ensure complaints against federal judicial officers are
handled fairly and transparently while maintaining the constitutional
independence of the judiciary,” said Mr Dreyfus (Click here to read more)
This website is an anti-corruption site
and relies on donations to continue the work. If you would like to
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donation. Just click on the button below to donate via PayPal or for
direct bank transfer details go to the donations page above.http://kangaroocourtofaustralia.com/2013/04/17/john-pascoe-rides-again-federal-magistrates-court-of-australia-changes-name-but-not-the-criminal-running-the-joint/
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