THE NATURE OF THE RIGHTS OF THE "CESTUI QUE TRUST" AUSTIN WAKEMAN SCOTT

This is from the Columbia Law Revue, April 1917.  Happy reading.

Stable URL: http://www.jstor.org/stable/1112528
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ALIEN REGISTRATION ACT OF 1940

Alien Registration Act of 1940

U.S. Statutes at Large (76th Cong., 3rd Sess., 670-676) 

AN ACT 

To prohibit certain subversive activities; to amend certain provisions of law with respect to the admission and deportation of aliens; to require the fingerprinting and registration of aliens; and for other purposes. 
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 

TITLE I 

Section 1. (a) It shall be unlawful for any person, with intent to interfere with, impair, or influence the loyalty, morale, or discipline of the military or naval forces of the United States— 
(1) to advise, counsel, urge, or in any manner cause insubordination, disloyalty, mutiny, or refusal of duty by any member of the military or naval forces of the United States; or 
(2) to distribute any written or printed matter which advises, counsels, or urges insubordination, disloyalty, mutiny, or refusal of duty by any member of the military or naval forces of the United States. 
(b) For the purposes of this section, the term ''military or naval forces of the United States'' includes the Army of the United States, as defined in section 1 of the National Defense Act of June 3, 1916, as amended (48 Stat. 153; U.S.C., title 10, sec. 2), the Navy, Marine Corps, Coast Guard, Naval Reserve, and Marine Corps Reserve of the United States; and, when any merchant vessel is commissioned in the Navy or is in the service of the Army or the Navy, includes the master, officers, and crew of such vessel. 

Sec. 2. (a) It shall be unlawful for any person— 
(1) to knowingly or willfully advocate, abet, advise, or teach the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or by the assassination of any officer of any such government; 
(2) with the intent to cause the overthrow or destruction of any government in the United States, to print, publish, edit, issue, circulate, sell, distribute, or publicly display any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence. 
(3) to organize or help to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any government in the United States by force or violence; or to be or become a member of, or affiliate with, any such society, group, or assembly of persons, knowing the purposes thereof. 
(b) For the purposes of this section, the term ''government in the United States'' means the Government of the United States, the government of any State, Territory, or possession of the United States, the government of the District of Columbia, or the government of any political subdivision of any of them. 

Sec. 3. It shall be unlawful for any person to attempt to commit, or to conspire to commit, any of the acts prohibited by the provisions of this title. 

Sec. 4. Any written or printed matter of the character described in section 1 or section 2 of this Act, which is intended for use in violation of this Act, may be taken from any house or other place in which it may be found, or from any person in whose possession it may be, under a search warrant issued pursuant to the provisions of title XI of the Act entitled ''An Act to punish acts of interference with the foreign relations, the neutrality and the foreign commerce of the United States, to punish espionage, and better to enforce the criminal laws of the United States, and for other purposes'', approved June 15, 1917 (40 Stat. 228; U.S.C., title 18, ch. 18). 

Sec. 5. (a) Any person who violates any of the provisions of this title shall, upon conviction thereof, be fined not more than $10,000 or imprisoned for not more than ten years, or both. 
(b) No person convicted of violating any of the provisions of this title shall, during the five years next following his conviction, be eligible for employment by the United States, or by any department or agency thereof (including any corporation the Stock of which is wholly owned by the United States). 

TITLE II 

Sec. 20. Section 19 of the Immigration Act of February 5, 1917 (39 Stat. 889; U.S.C., title 8, sec. 155), as amended, is amended by inserting, after ''Sec. 19.'', the letter ''(a)'', and by adding at the end of such section the following new subsections: 
''(b) Any alien of any of the classes specified in this subsection, in addition to aliens who are deportable under other provisions of law, shall, upon warrant of the Attorney General, be taken into custody and deported: 
''(1) Any alien who, at any time within five years after entry, shall have, knowingly and for gain, encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law. 
''(2) Any alien who, at any time after entry, shall have on more than one occasion, knowingly and for gain, encouraged, induced, assisted, abetted, or aided any other alien or aliens to enter or to try to enter the United States in violation of law. 
''(3) Any alien who, at any time after entry, shall have been convicted of possessing or carrying in violation of any law any weapon which shoots or is designed to shoot automatically or semi-automatically more than one shot without manual reloading, by a single function of the trigger, or a weapon commonly called a sawed-off shotgun. 
''(4) Any alien who, at any time within five years after entry, shall have been convicted of violating the provisions of title I of the Alien Registration Act, 1940. 
''(5) Any alien who, at any time after entry, shall have been convicted more than once of violating the provisions of title I of the Alien Registration Act, 1940. 
''No alien who is deportable under the provisions of paragraph (3), (4), or (5) of this subsection shall be deported until the termination of his imprisonment or the entry of an order releasing him on probation or parole. 
''(c) In the same of any alien (other than one to whom subsection (d) is applicable) who is deportable under any law of the United States and who has proved good moral character for the preceding five years, the Attorney General may (1) permit such alien to depart the United States to any country of his choice at his own expense, in lieu of deportation, or (2) suspend deportation of such alien if not racially inadmissible or ineligible to naturalization in the United States if he finds that such deportation would result in serious economic detriment to a citizen or legally resident alien who is the spouse, parent, or minor child of such deportable alien. If the deportation of any alien is suspended under the provisions of this subsection for more than six months, all of the facts and pertinent provisions of law in the case shall be reported to the Congress within ten days after the beginning of its next regular session, with the reasons for such suspension. The Clerk of the House shall have such report printed as a public document. If during that session the two Houses pass a concurrent resolution stating in substance that the Congress does not favor the suspension of such deportation, the Attorney General shall thereupon deport such alien in the manner provided by law. If during the session the two Houses do not pass such a resolution, the Attorney General shall cancel deportation proceedings upon the termination of such session, except that such proceedings shall not be canceled in the case of any alien who was not legally admitted for permanent residence at the time of his last entry into the United States, unless such alien pays to the Commissioner of Immigration and Naturalization a fee of $18 (which fee shall be deposited in the Treasury of the United States as miscellaneous receipts). Upon the cancelation of such proceedings in any case in which such fee has been paid, the Commissioner shall record the alien's admission for permanent residence as of the date of his last entry into the United States and the Secretary of State shall, if the alien was a quota immigrant at the time of entry and was not charged to the appropriate quota, reduce by one the immigration quota of the country of the alien's nationality as defined in section 12 of the Act of May 26, 1924 (U. S. C., title 8, sec. 212), for the fiscal year then current or next following. 
''(d) The provisions of subsection (c) shall not be applicable in the case of any alien who is deportable under (1) the Act of October 16, 1918 (40 Stat. 1008; U. S. C., title 8, sec. 137), entitled 'An Act to exclude and expel from the United States aliens who are members of the anarchist and similar classes', as amended; (2) the Act of May 26, 1922, entitled 'An Act to amend the Act entitled ''An Act to prohibit the importation and use of opium for other than medicinal purposes'', approved February 9, 1909, as amended' (42 Stat. 596; U. S. C., title 21, sec. 175); (3) the Act of February 18, 1931, entitled 'An Act to provide for the deportation of aliens convicted and sentenced for violation of any law regulating traffic in narcotics', as amended (46 Stat. 1171; U. S. C., title 8, sec. 156a); (4) any of the provisions of so much of subsection (a) of this section as relates to criminals, prostitutes, procurers, or other immoral persons, the mentally and physically deficient, anarchists, and similar classes; or (5) subsection (b) of this section.'' 

Sec. 21. The Act entitled ''An Act to provide for the deportation of aliens convicted and sentenced for violation of any law regulating traffic in narcotics'', approved February 18, 1931, is amended— 
(1) By striking out the words ''and sentenced''; 
(2) By inserting after the words ''any statute of the United States'' the following: ''or of any State, Territory, possession, or of the District of Columbia,''; and 
(3) By inserting after the word ''heroin'' a comma and the word ''marihuana''. 

Sec. 22. No alien shall be deportable by reason of the amendments made by section 20 or 21 on account of any act committed prior to the date of enactment of this Act. 

Sec. 23. (a) The first paragraph of section 1 of the Act entitled ''An Act to exclude and expel from the United States aliens who are members of the anarchistic and similar classes'', approved October 16, 1918, as amended, is amended to read as follows: 
''That any alien who, at any time, shall be or shall have been a member of any one of the following classes shall be excluded from admission into the United States:''. 
(b) Section 2 of such Act of October 16, 1918, as amended, is amended to read as follows: 

''Sec. 2. Any alien who was at the time of entering the United States, or has been at any time thereafter, a member of any one of the classes of aliens enumerated in section 1 of this Act, shall, upon the warrant of the Attorney General, be taken into custody and deported in the manner provided in the Immigration Act of February 5, 1917. The provisions of this section shall be applicable to the classes of aliens mentioned in this Act, irrespective of the time of their entry into the United States.'' 

TITLE III 

Sec. 30. No visa shall hereafter be issued to any alien seeking to enter the United States unless said alien has been registered and fingerprinted in duplicate. One copy of the registration and fingerprint record shall be retained by the consul. The second copy shall be attached to the alien's visa and shall be taken up by the examining immigrant inspector at the port of arrival of the alien in the United States and forwarded to the Department of Justice, at Washington, District of Columbia. 
Any alien seeking to enter the United States who does not present a visa (except in emergency cases defined by the Secretary of State), a reentry permit, or a border-crossing identification card shall be excluded from admission to the United States. 

Sec. 31. (a) It shall be the duty of every alien now or hereafter in the United States, who (1) is fourteen years of age or older, (2) has not been registered and fingerprinted under section 30, and (3) remains in the United States for thirty days or longer, to apply for registration and to be fingerprinted before the expiration of such thirty days. 
(b) It shall be the duty of every parent or legal guardian of any alien now or hereafter in the United States, who (1) is less than fourteen years of age, (2) has not been registered under section 30, and (3) remains in the United States for thirty days or longer, to apply for the registration of such alien before the expiration of such thirty days. Whenever any alien attains his fourteenth birthday in the United States he shall, within thirty days thereafter, apply in person for registration and to be fingerprinted. 

Sec. 32. Notwithstanding the provisions of sections 30 and 31— 
(a) The application for the registration and fingerprinting, or for the registration, of any alien who is in the United States on the effective date of such sections may be made at any time within four months after such date. 
(b) No foreign government official, or member of his family, shall be required to be registered or fingerprinted under this title. 
(c) The Commissioner is authorized to prescribe, with the approval of the Attorney General, special regulations for the registration and fingerprinting of (1) alien seamen, (2) holders of border-crossing identification cards, (3) aliens confined in institutions within the United States, (4) aliens under order or deportation, and (5) aliens of any other class not lawfully admitted to the United States for permanent residence. 

Sec. 33. (a) All applications for registration and fingerprinting under section 31 shall be made at post offices or such other places as may be designated by the Commissioner. 
(b) It shall be the duty of every postmaster, with such assistance as shall be provided by the Commissioner, to register and fingerprint any applicant for registration and fingerprinting under such section, and for such purposes to designate appropriate space in the local post office for such registration and fingerprinting. Every postmaster shall forward promptly to the Department of Justice, at Washington, District of Columbia, the registration and fingerprint record of every alien registered and fingerprinted by him. The Commissioner may designate such other places for registration and fingerprinting as may be necessary for carrying out the provisions of this Act, and provide for registration and fingerprinting of aliens at such places by officers or employees of the Immigration and Naturalization Service designated by the Commissioner. The duties imposed upon any postmaster under this Act shall also be performed by any employees at the post office of such postmaster who are designated by the postmaster for such purpose. 

Sec. 34. (a) The Commissioner is authorized and directed to prepare forms for the registration and fingerprinting of aliens under this title. Such forms shall contain inquiries with respect to (1) the date and place of entry of the alien into the United States; (2) activities in which he has been and intends to be engaged; (3) the length of time he expects to remain in the United States; (4) the criminal record, if any, of such alien; and (5) such additional matters as may be prescribed by the Commissioner, with the approval of the Attorney General. 
(b) All registration and fingerprint records made under the provisions of this title shall be secret and confidential, and shall be made available only to such persons or agencies as may be designated by the Commissioner, with the approval of the Attorney General. 
(c) Every person required to apply for the registration of himself or another under this title shall submit under oath the information required for such registration. Any person authorized to register aliens under this title shall be authorized to administer oaths for such purpose. 

Sec. 35. Any alien required to be registered under this title who is a resident of the United States shall notify the Commissioner in writing of each change of residence and new address within five days from the date of such change. Any other alien required to be registered under this title shall notify the Commissioner in writing of his address at the expiration of each three months' period of residence in the United States. In the case of an alien for whom a parent or legal guardian is required to apply for registration, the notices required by this section shall be given by such parent or legal guardian. 

Sec. 36. (a) Any alien required to apply for registration and to be fingerprinted who willfully fails to refuses to make such application or to be fingerprinted, and any parent or legal guardian required to apply for the registration of any alien who willfully fails or refuses to file application for the registration of such alien shall, upon conviction thereof be fined not to exceed $1,000 or be imprisoned not more than six months, or both. 
(b) Any alien, or any parent or legal guardian of any alien, who fails to give written notice to the Commissioner of change of address as required by section 35 of this Act shall, upon conviction thereof, be fined not to exceed $100, or be imprisoned not more than thirty days, or both. 
(c) Any alien or any parent or legal guardian of any alien, who files an application for registration containing statements known by him to be false, or who procures or attempts to procure registration of himself or another person through fraud, shall, upon conviction thereof, be fined not to exceed $1,000, or be imprisoned not more than six months, or both; and any alien so convicted within five years after entry into the United States shall, upon the warrant of the Attorney General, be taken into custody and be deported in the manner provided in sections 19 and 20 of the Immigration Act of February 5, 1917, as amended. 

Sec. 37. (a) The Commissioner, with the approval of the Attorney General, is authorized and empowered to make the prescribe, and from time to time to change and amend, such rules and regulations not in conflict with this Act as he may deem necessary and proper in aid of the administration and enforcement of this title (including provisions for the identification of aliens registered under this title); except that all such rules and regulations, insofar as they relate to the performance of functions by consular officers or officers or employees in the Postal Service, shall be prescribed by the Secretary of State and the Postmaster General, respectively, upon recommendation of the Attorney General. The powers conferred upon the Attorney General by this Act and all other powers of the Attorney General relating to the administration of the Immigration and Naturalization Service may be exercised by the Attorney General through such officers of the Department of Justice, including officers of the Immigration and Naturalization Service, attorneys, special attorneys, and special assistants to the Attorney General, as he may designate specifically for such purposes. 
(b) The Commissioner is authorized to make such expenditures, to employ such additional temporary and permanent employees, and to rent such quarters outside the District of Columbia as may be necessary for carrying out the provisions of this title. 

Sec. 38. (a) For the purposes of this title— 
(1) the term ''United States'', when used in a geographical sense, means the States, the Territories of Alaska and Hawaii, the District of Columbia, Puerto Rico, and the Virgin Islands; 
(2) the term ''Commissioner'' means the Commissioner of Immigration and Naturalization. 
(b) The provisions of this title shall take effect upon the date of enactment of this Act; except that sections 30 and 31 shall take effect sixty days after the date of its enactment. 

Sec. 39. The President is authorized to provide, by Executive order, for the registration and fingerprinting, in a manner as nearly similar to that provided in this title as he deems practicable, of aliens in the Panama Canal Zone. 


TITLE IV 

Sec. 40. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances, shall not be affected thereby. 

Sec. 41. This Act may be cited as the ''Alien Registration Act, 1940''. 

Approved, June 28, 1940. 
http://tucnak.fsv.cuni.cz/~calda/Documents/1940s/Alien%20Registration%20Act%20of%201940.html

MINNESOTTA RULE DOCUMENTS RELATING TO CESTUI QUE VIE ACT 1666

One of Rod Class’ documents, from Minnesota, will update when I know more myself.

Rule 220.  Birth Certificates

               The Registrar of Titles is authorized to receive for registration of memorials upon any outstanding certificate of title an official birth certificate pertaining to a registered owner named in said certificate of title showing the date of birth of said registered owner, providing there is attached to said birth certificate an affidavit of an affiant who states that he/she is familiar with the facts recited, stating that the party named in said birth certificate is the same party as one of the owners named in said certificate of title; and that thereafter the Registrar of Titles shall treat said registered owner as having attained the age of the majority at a date 18 years after the date of birth shown by said certificate.

Task Force Comment--1991 Adoption

This rule is derived from 4th Dist. R. 11.05.

Rule 221.  Death Certificates

               The Registrar of Titles may receive official certificates of death issued by the United States Department of Defense or other military department in lieu of a certificate of death.

Task Force Comment--1991 Adoption

This rule is derived from 4th Dist. R. 11.06.

Rule 222.  Condominiums

               The procedure for administration by the Registrar of the Uniform Condominium Act shall be as follows:

               (a)           The declaration, bylaws and any amendments thereto, to be filed in the office of the Registrar of Titles, must be executed and acknowledged and embrace land within the county.

               (b)          In order to have uniformity in the recording offices and to protect the interests of the public generally, the general requirements of Minnesota Statutes, section 505.08 as to the platting of land shall be followed, namely:  as authorized by Minnesota Statutes, section 505.08, subdivision 2a, only one set of transparencies shall be filed.  The transparencies shall be of 4 mil. thickness, black on white on clear Mylar and be made by a fixed photo process.  The transparencies shall be 20 by 30 inches in size.  More detailed information on the drafting of the condominium plat may be obtained from the Registrar of Titles.

               (c)          The condominium plat is to be numbered serially beginning with the next number after the last apartment ownership number assigned pursuant to the Minnesota Condominium Act, Minnesota Statutes, chapter 515, and the numbers shall run consecutively within the offices of the County Recorder and the Registrar of Titles.

               (d)          Where registered land is to be submitted for administration under said act, the declarant, prior to filing the declaration and bylaws, shall obtain an Order of the Court in a Proceedings Subsequent to Initial Registration of land that the Declaration, including the condominium plat, and Bylaws, as submitted, comply with the various requirements of Minnesota Statutes, chapter 515A, and any amendments thereto.  The Order shall direct the Registrar of Titles to accept such documents for registration and to enter them as separate memorials on the original Certificate of Title and on the Owner’s Duplicate Certificate thereof.  Reference to such documents, including the document numbers and dates of filing, shall be carried forward to each succeeding Certificate, including any Mortgagees’ or Lessees’ Duplicate Certificates.

               (e)          A condominium shall not include both registered land and unregistered land, but shall consist only of land that is all registered under Minnesota Statutes, chapter 508 or land of which no part is so registered.

Task Force Comment--1991 Adoption

This rule is derived from 4th Dist. R. 11.07.

http://www.mncourts.gov/ruledocs/general/GRtitleIII.htm#g220
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CESTUI QUE VIE ACT 1666

Introductory Text

[I.]. Cestui que vie remaining beyond Sea for Seven Years together and no Proof of their Lives, Judge in Action to direct a Verdict as though Cestui que vie were dead.

II.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

III.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

IV If the supposed dead Man prove to be alive, then the Title is revested. Action for mean Profits with Interest.

Cestui Que Vie Act 1666

1666 CHAPTER 11 18 and 19 Cha 2

An Act for Redresse of Inconveniencies by want of Proofe of the Deceases of Persons beyond the Seas or absenting themselves, upon whose Lives Estates doe depend.

X1Recital that Cestui que vies have gone beyond Sea, and that Reversioners cannot find out whether they are alive or dead.

Whereas diverse Lords of Mannours and others have granted Estates by Lease for one or more life or lives, or else for yeares determinable upon one or more life or lives And it hath often happened that such person or persons for whose life or lives such Estates have beene granted have gone beyond the Seas or soe absented themselves for many yeares that the Lessors and Reversioners cannot finde out whether such person or persons be alive or dead by reason whereof such Lessors and Reversioners have beene held out of possession of their Tenements for many yeares after all the lives upon which such Estates depend are dead in regard that the Lessors and Reversioners when they have brought Actions for the recovery of their Tenements have beene putt upon it to prove the death of their Tennants when it is almost impossible for them to discover the same, For remedy of which mischeife soe frequently happening to such Lessors or Reversioners.

Annotations:

Editorial Information

X1

Abbreviations or contractions in the original form of this Act have been expanded into modern lettering in the text set out above and below.

Modifications etc. (not altering text)

C1

Short title “The Cestui que Vie Act 1666” given by Statute Law Revision Act 1948 (c. 62), Sch. 2

C2

Preamble omitted in part under authority of Statute Law Revision Act 1948 (c. 62), Sch. 1

C3

Certain words of enactment repealed by Statute Law Revision Act 1888 (c. 3) and remainder omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

[I.]

Cestui que vie remaining beyond Sea for Seven Years together and no Proof of their Lives, Judge in Action to direct a Verdict as though Cestui que vie were dead.

If such person or persons for whose life or lives such Estates have beene or shall be granted as aforesaid shall remaine beyond the Seas or elsewhere absent themselves in this Realme by the space of seaven yeares together and noe sufficient and evident proofe be made of the lives of such person or persons respectively in any Action commenced for recovery of such Tenements by the Lessors or Reversioners in every such case the person or persons upon whose life or lives such Estate depended shall be accounted as naturally dead, And in every Action brought for the recovery of the said Tenements by the Lessors or Reversioners their Heires or Assignes, the Judges before whom such Action shall be brought shall direct the Jury to give their Verdict as if the person soe remaining beyond the Seas or otherwise absenting himselfe were dead.

II

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:

Amendments (Textual)

F1

S. II repealed by Statute Law Revision Act 1948 (c. 62), Sch. 1

IV

If the supposed dead Man prove to be alive, then the Title is revested. Action for mean Profits with Interest.

[X1Provided alwayes That if any person or [X2person or] persons shall be evicted out of any Lands or Tenements by vertue of this Act, and afterwards if such person or persons upon whose life or lives such Estate or Estates depend shall returne againe from beyond the Seas, or shall on proofe in any Action to be brought for recovery of the same [to] be made appeare to be liveing; or to have beene liveing at the time of the Eviction That then and from thenceforth the Tennant or Lessee who was outed of the same his or their Executors Administrators or Assignes shall or may reenter repossesse have hold and enjoy the said Lands or Tenements in his or their former Estate for and dureing the Life or Lives or soe long terme as the said person or persons upon whose Life or Lives the said Estate or Estates depend shall be liveing, and alsoe shall upon Action or Actions to be brought by him or them against the Lessors Reversioners or Tennants in possession or other persons respectively which since the time of the said Eviction received the Proffitts of the said Lands or Tenements recover for damages the full Proffitts of the said Lands or Tenements respectively with lawfull Interest for and from the time that he or they were outed of the said Lands or Tenements, and kepte or held out of the same by the said Lessors Reversioners Tennants or other persons who after the said Eviction received the Proffitts of the said Lands or Tenements or any of them respectively as well in the case when the said person or persons upon whose Life or Lives such Estate or Estates did depend are or shall be dead at the time of bringing of the said Action or Actions as if the said person or persons where then liveing.]

Annotations:

Editorial Information

X1

annexed to the Original Act in a separate Schedule

X2

Variant reading of the text noted in The Statutes of the Realm as follows: O. omits [O. refers to a collection in the library of Trinity College, Cambridge]

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ROD CLASS CESTUI QUE VIE TRUST FACT CHECK BIRTH CERTIFICATE ESTATE A4V DISCHARGE RESEARCH

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.
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EVIDENCE OF BRIAN TO COURT

I found this looking for S.76-8 of the Victorian Evidence Act 1958. That section has been repealed, but I decided to share this with you.

Evidence of Brian to court.

.
I am the Living Soul named Brian by the family of Allen.

I the accused, not the defendant am innocent; have not come to testify but I do have questions.
.
I object to the Traffic Infringement Notice enforcement conditions. I demand the Police who initiated
the Infringements to appear and testify in this court and I demand my right to question the Plaintiffs.
And to question the legality and accuracy of the speed or red-light camera.
Was the speed or red-light camera used in accordance with that of the instructions in the Manual?
.
I object to the Traffic Infringement Notice. Subject to the Privacy Act only the person whose name is
on the Infringement Notice can any information be given. For that reason no person whose name is
not on the Infringement Notice is under any obligation to comply with the Infringement Notice..
Habeas Corpus;
VICTORIA POLICE, VicRoads; is a Corporation that can sue or be sued in it's corporate name.
A corporate name or toll camera, speed camera, traffic light or parking sign and meters;
the real Plaintiff, are not Living Souls, for that reason, can not appear or testify in any court.
.
The Traffic Light and Speed Cameras, parking signs and meters and the vehicle are mechanical units.
Traffic Light and Speed Camera, parking signs and meters creates the allegation against the vehicle,
using number plate to serve infringement notice with obligation number.
.Matter may become a Court Order by any Agency using the Infringement Court. Infringements Court
is a venue of the Magistrates’ Court which deals with the processing and enforcement of infringement
notices and penalties. The Infringements System is based on administrative processing rather than
hearing the case before a magistrate unlike other matters falling under the jurisdiction of the
Magistrates’ Court of Victoria which are heard in open court before a magistrate.
.
My quote;.
By calling the Infringements Court; a court, this is pointing to Fraud. I demand the Magistrate prove to me the constitutional jurisdiction of the Infringements Court.
If the Infringements Court does not exist then do the 130 Enforcement Agencies registered with
the Infringements Court exist?
.An agency is authorised to issue infringement notices under the legislation that sets out the offence/s. I demand the agency, produce in this court, the document with signature and name in plain english of
the person who signed the authorisation of the agent to issue infringement notices. 
.
Infringement Notice;
If I request for matter to be heard in a Magistrates Court; the Infringement Notice shall be
withdrawn.  Subject to the Infringement Act 2006 the original notice must be cancelled before
proceedings can be instituted in Court. The Infringement offence, has accused me as
guilty until proven innocent, using the Obligation Number on the Infringement Notice.
.
Name on Infringement Notice has been changed where Christian name has become the Surname.
VICTORIA POLICE then bribe Brian Allen to become responsible for ALLEN BRIAN.
Enforcement agency the VICTORIA POLICE; are claiming ALLEN BRIAN, the artificial legal
entity, is as Brian Allen, the Living Soul, both living at the same location; but this is not correct.
.
If the matter is then a Court Order by VICTORIA POLICE or any Agency using this statute rule
has now become the vexatious litigant by making a false allegation, claiming Brian Allen to be
responsible for ALLEN BRIAN as named on the Infringement Notice and or Warrant.
The name on my Birth Certificate and Driver Licence is Brian Allen.
And I signed no agreement to change my name.
.
This is pointing to Fraud or Bribery under Chapter 7 of the Criminal Code Act 1995 Division 135 by
VICTORIA POLICE. And all signatures by these officers has not been signed by their own hand.
Plus there are no signatures on Infringement Notice while Computer Signatures are on other
documents. Can the Computer appear and testify in this Court?
And do any of the above persons and informant possess authority or the holder of an office?
.
Evidence Act 1958 - SECTIONS 76 and 79; 
76. All courts and persons acting judicially within Victoria shall take judicial and official notice of all
Acts of Parliament of the United Kingdom of Great Britain and Ireland or of the United Kingdom of
Great Britain and Northern Ireland whether passed before or after the commencement of this Act and
of the date of the coming into operation of any such Act. 
76 refers to Commonwealth of Australia Constitution Act, Sections 92, 109 and 106.
.
Certain signatures and seals to be judicially noticed.
79. (1) All courts and persons acting judicially within Victoria shall take judicial and official notice of -
   (a)  the signature of any person who is for the time being or has at any
        time been the holder of any office to which this section applies; and
.
   (b)  the seal of such a person or of any body or court to which this
        section applies -
where that signature or seal purports to be attached or appended to any decree, order,
certificate, affidavit, writ, warrant, summons, or other judicial or official document, and shall also
take judicial and official notice of the fact that that person holds or has held that office.
My question;
Does any Act of Parliament have any Signature of the Queen or the Governor and the State Seal?
.Note; 
No name of Infringement Registrar is under the signature of person who signed the Enforcement Order.
Can the Infringement Registrar state who specified you and your Oath of Office?
Can the person who signed as the Infringement Registrar, appear and testify in this Court?
Sheriff only uses badge number 2247 on "Notice to Suspend" and I command you to;
State name, who specified you and your Oath of Office and to appear and testify in this Court.
.
AUTHORITY AND DIRECTIONS Issue of Warrant to —1 the Sheriff  
2 all police members
3 the Commissioner within the meaning of the Corrections Act 1986
4 [insert name], a person authorised by law to execute an infringement
    warrant [specify person and authority].
.
What is an Infringement Warrant Hearing?
An Infringement warrant hearing occurs when a person fails to take any action on a seven day notice
served under a valid Infringement Warrant, and does not possess any seizeable assets.
The defendant is arrested and enquiries are made by the Sheriff to ascertain if the person is eligible
for a Community Work Permit. If that person is not deemed suitable, they’re bailed to appear before
a court for an Infringement Warrant Hearing, or they may be held in custody for up to 24 hours and to
be brought before a court within that period.
Where a person is to appear before a Magistrate, he/she must sign an undertaking of bail, and their
failure to attend the Infringement warrant hearing will result in the
Court issuing a bench warrant for their arrest.
.
Though I appear to be guilty subject to allegations by the enforcement agency under the
Infringements Act 2006 who can order the sheriff to claim my property. That under Section 92 of the,
Commonwealth of Australia Constitution Act, it is my Claim of Right that I am not guilty subject to; 
the Australian Criminal Code Act 1995.

PART 2.3 - CIRCUMSTANCES IN WHICH THERE IS NO CRIMINAL RESPONSIBILITY.
Division  9 - Circumstances involving mistake or ignorance;
 9.5 Claim of right; (1)  A person is not criminally responsible for an offence that has a physical element relating to property if:
(a)  at the time of the conduct constituting the offence, the person is under a mistaken belief about
       a proprietary or possessory right; and
(b)  the existence of that right would negate (nullify) a fault element for any physical element of the offence.
(2)  A person is not criminally responsible for any other offence arising necessarily out of the
       exercise of the proprietary or possessory right that he or she mistakenly believes to exist.
(3)  This section does not negate (nullify) criminal responsibility for an offence relating to the use
       of force against a person.
.
The Commonwealth of Australia Constitution Act, Sections 92, 109 and 106.
92. On the imposition of uniform duties of customs, trade, commerce and intercourse among 

the States, whether by means of internal carriage or ocean navigation, shall be absolutely free.
My question;
Would this over-rule; traffic light, speed camera, road toll or licence.
Transport drivers log book and on the spot traffic fines, parking sign and meter fines?
.
From dictionary
Absolutely; Free from limits or conditions. unconditioned, unalterable,
unrestricted by constitutional checks.
Intercourse; Social communication, dealings, between individuals,
communion between man and God: communication for trade purposes etc.:
between different countries, sexual connexion.
Among (st); In the assemblage of, surrounded by, in the number of;
within the limits of (collectively or distributively).
.
109. When a law of a State is inconsistent with a law of the Commonwealth,
the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.
.106. The Constitution of each State of the Commonwealth shall, subject to this Constitution,
continue as at the establishment of the Commonwealth, until altered in accordance with the
Constitution of the State. (Must have full State Parliament to effect the alteration.)
.
My question;
The Victorian Constitution of 1975 and all laws from that are not a continuation from 1900.
The Victorian Constitution of 1975 and all alterations from that have never been put to a
State Referendum. For that reason; the Governor, regulations, government, parliament, all laws,
all delegated legislation and infringements; all authorities and courts; are they valid? .
.
And was the Magistrate appointed by Governor in Council?
Constitution Act 1975  Section 88.
Appointment to public offices;  Subject to the express provisions of any other Act the appointment
to public offices under the Government of Victoria hereafter to become vacant or to be created
whether such offices be salaried or not shall be vested in the Governor in Council with the exception
of appointments of the officers liable to retire from office on political grounds which appointments
shall be vested in the Governor alone.
.

All courts take notice of this warning.
If Magistrate states that the Commonwealth of Australia Constitution shall not be used in this court,
then under what jurisdiction does this court exist? Has the Magistrate become the Despot?
(From dictionary Despot: Absolute ruler, tyrant, oppressor.)
.
All courts and persons acting judicially take judicial and official notice shall not ignore the rights of
accused who refers to the Commonwealth of Australia Constitution Act take notice of the following;
.
Crimes Act 1914 Part II — Offences against the Government.
24AA Treachery
(1) A person shall not:
(a) do any act or thing with intent:
(i) to overthrow the Constitution of the Commonwealth by revolution or sabotage; or
(ii) to overthrow by force or violence the established government of the Commonwealth, of a State
or of a proclaimed country; or

(b) within the Commonwealth or a Territory not forming part of the Commonwealth:
(i) levy war, or do any act preparatory to levying war, against a proclaimed country;
(ii) assist by any means whatever, with intent to assist, a proclaimed enemy of a proclaimed country;
or (iii) instigate a person to make an armed invasion of a proclaimed country.

(3) A person who contravenes a provision of this section shall be guilty of an indictable offence,
called treachery. Penalty: Imprisonment for life. 
http://www.peoplesmandate.iinet.net.au/Evidence_of_Brian-1_to_court.html