This is a work in progress there are no answers, answers are merely preludes to questions which have not been asked yet and I hope that these working notes can raise some questions for those who do not know what to ask or where to find the temporary answers ?!
The problem with information is that it is suppressed for pecuniary advantage, cash or the fiat currency which most believe to be "money".
They (whoever they may be ?) say that money is power and that power corrupts, absolute power corrupts absolutely and for the sake of my conscience and soul I will not attempt to discover a method to market this knowledge in order to gain vast wealth because I can only keep gaining if I keep secrets and if I did that then I would have become what I have come to look down upon.
I don't want to look into the mirror in 20 years and have the same disdain for the reflection as I do for city bankers, politicians, Judges, Barristers, their secret societies now.
"When those with the ears to hear can see, and when those with eyes to see can hear, the deceivers will be bound by their own words andkingdom of God
Bible quote, can't remember who or where.
The 0xford legal dictionary 5th 2003: Definitons:
legal person : A natural person (i.e. a human being) or a *juristic person
The problem with information is that it is suppressed for pecuniary advantage, cash or the fiat currency which most believe to be "money".
They (whoever they may be ?) say that money is power and that power corrupts, absolute power corrupts absolutely and for the sake of my conscience and soul I will not attempt to discover a method to market this knowledge in order to gain vast wealth because I can only keep gaining if I keep secrets and if I did that then I would have become what I have come to look down upon.
I don't want to look into the mirror in 20 years and have the same disdain for the reflection as I do for city bankers, politicians, Judges, Barristers, their secret societies now.
"When those with the ears to hear can see, and when those with eyes to see can hear, the deceivers will be bound by their own words and
Bible quote, can't remember who or where.
The 0xford legal dictionary 5th 2003: Definitons:
legal person : A natural person (i.e. a human being) or a *juristic person
natural person : A human being. Compare JURISTIC PERSON
juristic person: (artificial person) An entity, such as a *corporation, that is
recognized as having legal personality, i.e. it is capable of enjoying and being subject
to legal rights and duties (obligations). It is contrasted with a human being, who is referred to as
a natural person.
Interpretation Act 1978: Schedule 2 Section 4 Subsection 5.
(5) The definition of “person”, so far as it includes bodies corporate, applies to any provision of an Act whenever passed relating to an offence punishable on indictment or on summary conviction.
Body Corporate : Legal entity (such as an association, firm, government, government agency, institution) identified by a particular name. It comprises of a collection or succession of individuals who (in the view of law) have existence, rights, and duties distinct from their existence, rights, and duties as individuals. Also called corporate body or corporate entity.
There are no other definitions of “Human being” in the dictionary which shows according to their own assertions that a “Human being” is a “Natural person” is a “Legal person” is a “Juristic person” which is a, “corporation” and by virtue an "artificial person" ( see section 259 of the Merchant Shipping Act 1894 ) and a legal fiction with a title created via the process of registration (incorporation/birth) into a municipal corporation ( a port for corporations/vessels/ships) and so the question becomes “Who holds the rightful title, legal or equitable” and more importantly do you consider yourself to be any of the above ?
The certificate granted to bearer shows that a an estate has been transferred and is also a unit of stock in the said estate and different persons have different obligations on it, that makes it a trust and so now the question becomes “are you a trustee or the beneficiary” ?
If the trust is dependant and based upon your life then you are clearly the creditor and the named entity on the certificate and instrument/deed which created the trust which makes you the beneficiary sometimes called the “Primary” or “Principle” beneficiary of the trust or the Cestui que. And if the body corporate is a person then it is a corporation and a legal fiction, if it has obligations then by definition according to The Municipal Corporations Act 1882 then it is a "TRUSTEE", the obligation shows the trust again and those charged with those duties are "TRUSTEES", but a trust cannot be used against the beneficiary of it and I am clearly that.
Where there is an obligation there is a trust by definition and also different parties to the said "trust", I know that I have pressed this point but it is an important one.
The rights of creditors can neither be taken away nor diminished by agreements among the debtors.
- Legal Maxim, Broom's Legal Maxims
(max. 697)
That contracts which are made against law or against good morals have no force is a principle of undoubted law.
- Legal Maxim, Broom's Legal Maxims
(max. 695)
The presence of the body cures error in the name; the truth of the name cures an error of description.
- Legal Maxim, Broom's Legal Maxims
(max. 637, 639, 640)
(In land law, the term "estate" is a remnant of the English feudal system, which created a complex hierarchy of estates and interests in land. The allodial or fee simple interest is the most complete ownership that one can have of property in the common law system. An estate can be an estate for years, an estate at will, a life estate (extinguishing at the death of the holder), an estate pur auter vie (a life interest for the life of another person) or a fee tail estate (to the heirs of one's body) or some more limited kind of heir (e.g. to heirs male of one's body).
The Merchant shipping Act 1894
Section 259 ) The corporation of a municipal borough, being a "port" in Corporations, the United Kingdom, and any body corporate, association, or &c. may grant trustees in any such port, existing or constituted for any public homesor sailors purposes relating to the government or benefit of persons engaged in the British merchant service, or to the management of docks and harbours, or for any other public purposes connected with shipping or navigation, may, with the consent of the Local Government Board, appropriate any land vested in them or in trustees for them as a site for a sailors home, and may for that purpose either retain and apply the same accordingly, or convey the same to trustees, with such powers for appointing new trustees and continuing the trust as they think fit.
Interpretation Act 1978: Schedule 2 Section 4 Subsection 5.
(5) The definition of “person”, so far as it includes bodies corporate, applies to any provision of an Act whenever passed relating to an offence punishable on indictment or on summary conviction.
Body Corporate : Legal entity (such as an association, firm, government, government agency, institution) identified by a particular name. It comprises of a collection or succession of individuals who (in the view of law) have existence, rights, and duties distinct from their existence, rights, and duties as individuals. Also called corporate body or corporate entity.
There are no other definitions of “Human being” in the dictionary which shows according to their own assertions that a “Human being” is a “Natural person” is a “Legal person” is a “Juristic person” which is a, “corporation” and by virtue an "artificial person" ( see section 259 of the Merchant Shipping Act 1894 ) and a legal fiction with a title created via the process of registration (incorporation/birth) into a municipal corporation ( a port for corporations/vessels/ships) and so the question becomes “Who holds the rightful title, legal or equitable” and more importantly do you consider yourself to be any of the above ?
The certificate granted to bearer shows that a an estate has been transferred and is also a unit of stock in the said estate and different persons have different obligations on it, that makes it a trust and so now the question becomes “are you a trustee or the beneficiary” ?
If the trust is dependant and based upon your life then you are clearly the creditor and the named entity on the certificate and instrument/deed which created the trust which makes you the beneficiary sometimes called the “Primary” or “Principle” beneficiary of the trust or the Cestui que. And if the body corporate is a person then it is a corporation and a legal fiction, if it has obligations then by definition according to The Municipal Corporations Act 1882 then it is a "TRUSTEE", the obligation shows the trust again and those charged with those duties are "TRUSTEES", but a trust cannot be used against the beneficiary of it and I am clearly that.
Where there is an obligation there is a trust by definition and also different parties to the said "trust", I know that I have pressed this point but it is an important one.
The rights of creditors can neither be taken away nor diminished by agreements among the debtors.
- Legal Maxim, Broom's Legal Maxims
(max. 697)
That contracts which are made against law or against good morals have no force is a principle of undoubted law.
- Legal Maxim, Broom's Legal Maxims
(max. 695)
The presence of the body cures error in the name; the truth of the name cures an error of description.
- Legal Maxim, Broom's Legal Maxims
(max. 637, 639, 640)
NB ( Superimposed on the legal estate and interests in land, English courts also created "equitable interests" over the same legal interests. These obligations are called trusts which will be enforceable in a court. A trustee is the person who holds the legal title to property, while the beneficiary is said to have an equitable interest in the property.)
(An equitable interest is an "interest held by virtue of an equitable title (a title that indicates a beneficial interest in property and that gives the holder the right to acquire formal legal title) or claimed on equitable grounds, such as the interest held by a trust beneficiary." The equitable interest is a right in equity that, if violated (suffers a harm), is subject to satisfaction by an equitable remedy. This concept only exists in the common law.)
(Equity is a concept of rights distinct from legal rights, i.e., "the body of principles constituting what is fair and right (natural law)."It was "the system of law or body of principles originating in the English Court of Chancery and superseding the common and statute law (together called 'law' in the narrower sense) when the two conflict."In equity, a judge determines what is fair and just and makes a decision as opposed to deciding what is legal.)
(An equitable interest is an "interest held by virtue of an equitable title (a title that indicates a beneficial interest in property and that gives the holder the right to acquire formal legal title) or claimed on equitable grounds, such as the interest held by a trust beneficiary." The equitable interest is a right in equity that, if violated (suffers a harm), is subject to satisfaction by an equitable remedy. This concept only exists in the common law.)
(Equity is a concept of rights distinct from legal rights, i.e., "the body of principles constituting what is fair and right (natural law)."It was "the system of law or body of principles originating in the English Court of Chancery and superseding the common and statute law (together called 'law' in the narrower sense) when the two conflict."In equity, a judge determines what is fair and just and makes a decision as opposed to deciding what is legal.)
(An example of an equitable interest, may be found in a trust. In a trust, the trustee has a legal interest in the trust. However, the beneficiaries to the trust has an equitable interest in the trust. The trustee has the power of attorney, or legal rights over the trust. Meanwhile the beneficiaries, the holder of the equitable interest has an equitable right in the trust. If the trustee fails to perform his or her duties, then the beneficiary may sue the trustee in equity to perform his or her duties. Such a situation includes the trustee failing to disburse cash from the trust's property, corpus, to the beneficiary. Likewise a trustee may embezzle the trust's property and, although the trustee has a legal interest in the trust, the beneficiary has an equitable interest in the trust and so may sue for the trustee to return the trust's property or reimburse the trust for the value of the property embezzled.)
Equitable remedies are judicial remedies developed and granted by courts of equity, as opposed to courts of law. Equitable remedies were granted by the Court of Chancery in England, and remain available today in most common law jurisdictions. In many jurisdictions, legal and equitable remedies have been merged and a single court can issue either-or both remedies. Despite widespread judicial merger, the distinction between equitable and legal remedies remains relevant in a number of significant instances. Notably, the United States Constitution's Seventh Amendment preserves the right to a jury trial rights in civil cases over $20 to cases "at common law".
Equitable remedies are judicial remedies developed and granted by courts of equity, as opposed to courts of law. Equitable remedies were granted by the Court of Chancery in England, and remain available today in most common law jurisdictions. In many jurisdictions, legal and equitable remedies have been merged and a single court can issue either-or both remedies. Despite widespread judicial merger, the distinction between equitable and legal remedies remains relevant in a number of significant instances. Notably, the United States Constitution's Seventh Amendment preserves the right to a jury trial rights in civil cases over $20 to cases "at common law".
The distinction between types of relief granted by the courts is due to the courts of equity, such as the Court of Chancery in England
Equitable remedies are distinguished from "legal" remedies (which are available to a successful claimant as of right) by the discretion of the court to grant them. In common law jurisdictions, there are a variety of equitable remedies, but the principal remedies are:
certain proprietary remedies, such as constructive trusts[3]
in very specific circumstances, an equitable lien
(In land law, the term "estate" is a remnant of the English feudal system, which created a complex hierarchy of estates and interests in land. The allodial or fee simple interest is the most complete ownership that one can have of property in the common law system. An estate can be an estate for years, an estate at will, a life estate (extinguishing at the death of the holder), an estate pur auter vie (a life interest for the life of another person) or a fee tail estate (to the heirs of one's body) or some more limited kind of heir (e.g. to heirs male of one's body).
Fee simple estates may be either fee simple absolute or defeasible (i.e. subject to future conditions) like fee simple determinable and fee simple subject to condition subsequent; this is the complex system of future interests (q.v.) which allows concepts of trusts and estates to elide into actuarial science through the use of life contingencies.
Estate in land can also be divided into estates of inheritance and other estates that are not of inheritance. The fee simple estate and the fee tail estate are estates of inheritance; they pass to the owner's heirs by operation of law, either without restrictions (in the case of fee simple), or with restrictions (in the case of fee tail). The estate for years and the life estate are estates not of inheritance; the owner owns nothing after the term of years has passed, and cannot pass on anything to his or her heirs.
Legal estates and interests are called rights "in rem", and said to be "good against the world".)
The Merchant shipping Act 1894
Section 259 ) The corporation of a municipal borough, being a "port" in Corporations, the United Kingdom, and any body corporate, association, or &c. may grant trustees in any such port, existing or constituted for any public homesor sailors purposes relating to the government or benefit of persons engaged in the British merchant service, or to the management of docks and harbours, or for any other public purposes connected with shipping or navigation, may, with the consent of the Local Government Board, appropriate any land vested in them or in trustees for them as a site for a sailors home, and may for that purpose either retain and apply the same accordingly, or convey the same to trustees, with such powers for appointing new trustees and continuing the trust as they think fit.
Section 742) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them ; (that is to say,)
"VESSEL " includes any ship or boat, or any other description of vessel used in navigation ;
"SHIP "includes every description of vessel used in navigation not propelled by oars ;
"FOREIGN-GOING SHIP" includes every ship employed in trading or going between some place or places in the United Kingdom, and some place or pLices situate beyond the following limits ; that is to say, the coasts of the United Kingdom, the Channel Islands, and Isle of Man, and the continent of Europe between the River Elbe and Brest inclusive ;
"COURT" in relation to any proceeding,includes any magistrate or justice having jurisdiction in the matter to which the proceeding relates;
"REPRESENTATION" means probate, administration, confirmation,or other instrument constituting a person the executor, administrator, or other representative of a deceased person ;
"LEGAL PERSONAL REPRESENTATIVE" means the person so constituted executor, administrator, or other representative, of a deceased person;
"NAME " includes a surname ;
"PORT " includes place; Section 259 ) The corporation of a municipal borough, being a "port" in Corporations.
Section 7 ) Municipal corporations Act 1835 : “Municipal corporation” means the body corporate constituted by the incorporation of the inhabitants of a borough:
"HARBOUR " includes harbours properly so called',, whether natural or artificial, estuaries, navigable rivers, piers, jetties, and other works in or at which ships can obtain shelter, or ship and unship goods or passengers
"TIDAL WATER" means any part of the sea and any part of a river within the ebb and flow of the tide at ordinary spring tides, and not being a harbour ;
12. On the registry of a ship the registrar shall retain in his possession the following documents ; namely, the surveyor's certificate, the builder's certificate, any bill of sale of the ship previously made, the copy of the condemnation (if any), and all declarations of ownership.
13. The port at which a British ship is registered for the time port of being shall be deemed her port of registry and the port to which registry she belongs.
14. On completion of the registry of a ship, the registrar shall grant a certificate of registry comprising the particulars respecting.her entered in the register book, with the name of her master.
15. The certificate of registry shall be used only for the lawful navigation of the ship, and shall not be subject to detention by reason of any title, lien, charge, or interest whatever had or claimed by any owner, mortgagee, or other person to, on, or in the ship.
(2.) If any person, whether interested in the ship or not, refuses on request to deliver up the certificate of registry when in his possession or under his control to the person entitled to the custody
thereof for the purposes of the lawful navigation of the ship, or to any registrar, officer of customs, or other person entitled by law to require such delivery, any justice by warrant under his hand and seal, or a'iy court capable of taking cognizance of the matter, may summon the person so refusing to appeir before such justice
or court, and to be examined touching such refusal, and unless it is proved to the satisfaction of such justice or court that there was reasonable cause for such refusal, the offender shall be liable to a fine not exceeding one hundred pounds, but if it is shown to such justice or court that the certificate is lost, the person summoned
shall be discharged, and the justice or court shall certify that the certificate of registry is lost.
27.-(1.) Where the property in a registered ship or share therein is transmitted to a person qualified to own a British ship on the marriage, death, or bankruptcy of any registered owner, or by bankruptcy, any lawful means other than by a transfer under this Act- ( N.B- I put this section in now because its prima facie evidence and shows the nature and relationship between "you" and the "ship" registered at a "port" unequivocally and as above, so it is below )
31.-(1.) A registered ship or a share therein may be made security for a loan or other valuable consideration, and the instrument creating the security (in this Act called a mortgage) shall be in the form marked B in the first part of the First Schedule to this Act, or as near thereto as circumstances permit, and on the production of such instrument the registrar of the ship's port of registry shall record it in the register book.
(2.) Mortgages shall be recorded by the registrar in the order in time in which they are produced to him for that purpose, and the registrar shall by memorandum under his hand notify on each mortgage that it has been recorded by him, stating the day and hour of that record.
32. Where a registered mortgage is discharged, the registrar shall, on the production of the mortgage deed, with a receipt for the mortgage money endorsed thereon, duly signed and attested, make an entry in the register book to the effect that the mortgage has been discharged, and on that entry being made the estate (if any) which passed. to the mortgagee shall vest in the person in whom (having regard to intervening acts and circumstances, if any,) it would have vested if the mortgage had not been made.
Eighth Schedule
Particulars to be registered by Master of a Ship concerning, a Birth at Sea.
Date of birth.
Name (if any) and sex of the child.
Name and surname, rank, profession, or occupation of the father.
Name and surname, and.maiden surname of the mother.
Nationality and last place of abode of the father and mother.
The Emergency Laws Act 1964
9.-(1) Unless the contrary intention appears therefrom, any Territorial provisions contained in, or having effect under, this Part of this extent of Act shall, in so far as they impose prohibitions, restrictions or Part I. obligations on persons, apply to all persons in the United Kingdom and all persons on board any British ship or aircraft, not being an excepted ship or aircraft, and to all other persons, wherever they may be, who are ordinarily resident in the United Kingdom and who are citizens of the United Kingdom and Colonies or British protected persons.
" excepted ship or aircraft " means a ship or aircraft registered in any country for the time being listed in section 1(3) of the British Nationality Act 1948 or in any territory administered by the government of any such country, not being a ship or aircraft for the time being placed at the disposal of, or chartered by or on behalf of, Her Majesty's Government in the United Kingdom.
The Municipal Corporations Act 1882
Section 7 : Interpretations
“Municipal corporation” means the body corporate constituted by the incorporation of the inhabitants of a borough:
“Trustees” means trustees, commissioners, or directors, or the persons charged with the execution of a trust or public duty, however designated:
Section 133 : Administration of charitable trusts and vesting of legal estate
(1) Where at the passing of the Municipal Corporations Act, 1835, the body corporate of a borough, or any one or more of the members thereof, in his or their corporate capacity, stood solely, or together with any person or persons elected solely by that body corporate, or solely by any particular number, class, or description of members thereof, seised or possessed, for any estate or interest, of land, in whole or in part in trust or for the benefit of any charitable uses or trusts, and the legal estate in that land was, at the passing of the Municipal Corporations Act, 1835, vested in the body corporate or person or persons so seised or possessed thereof, and was by the Charitable Trusts Act, 1853, vested in the trustees appointed by the Lord Chancellor under the Municipal Corporations Act, 1835, or such of them as should be surviving and continuing trustees under that appointment, according to the respective estates and interests therein, and subject to such and the same charges and incumbrances, and on such and the same trusts, as the same were subject to before such vesting, then, in every case, on the death, resignation, or removal of any trustee, and on any appointment of a new trustee, the legal estate in that land and in all other lands subject to any such charitable uses or trusts for the time being vested in the trustees or any of them, or in any persons or the heirs or devisees of any person deceased, resigned, or removed, shall vest in the persons who after such death, resignation, or removal, and such appointment of a new trustee, continue or are the trustees for the time being, without any conveyance or assurance.
Finance Act 1946
Section 54 ) Units under unit trust schemes to be treated as stock
1) Any reference in the enactments relating to stamp duty to stock shall be deemed to include a reference to a unit under a unit trust scheme, and any reference in any such enactment to a stock certificate to bearer shall be deemed to include a reference to a certificate to bearer in relation to a unit under a unit trust scheme and, subject to the provisions of this Part of this Act, the said enactments shall have effect accordingly.
2) Any reference in the enactments relating to stamp duty to the nominal amount or nominal value of stock shall, in relation to units under a unit trust scheme, be construed as a reference to the value of the units in question computed as if each unit were worth, and worth only, the price at which similar units are first or were first obtainable under the scheme from the trustees or managers thereof.
Section 57 ) Definitions
“trust instrument” means, in relation to a unit trust scheme, the trust deed or other instrument (whether under seal or not) creating or recording the trusts [on which the property in question is held];
“trust property” means, in relation to a unit trust scheme, the property subject to the trusts of the trust instrument;
“trust property represented by units” means, in relation to a unit trust scheme, all trust property except, where the trust instrument provides for periodical distributions, any such dividends, interest or other property arising from trust property as is required under the instrument to be distributed at the next such distribution;
“unit” means, in relation to a unit trust scheme, a right or interest (whether described as a unit, as a sub-unit, or otherwise) of a beneficiary under the trust instrument;
“certificate to bearer” means, in relation to a unit under a unit trust scheme, a document by the delivery of which the unit can be transferred
Settled Land Act 1925
Section 9 ) Procedure in the case of settlements and of instruments deemed to be trust instruments
1) Each of the following settlements or instruments shall for the purposes of this Act be deemed to be a trust instrument, and any reference to a trust instrument contained in this Act shall apply thereto, namely:—
(i) An instrument executed, or, in case of a will, coming into operation, after the commencement of this Act which by virtue of this Act is deemed to be a settlement;
(ii) A settlement which by virtue of this Act is deemed to have been made by any person after the commencement of this Act;
(iii) An instrument inter vivos intended to create a settlement of a legal estate in land which is executed after the commencement of this Act, and does not comply with the requirements of this Act with respect to the method of effecting such a settlement; and
(iv) A settlement made after the commencement of this Act (including a settlement by the will of a person who dies after such commencement) of any of the following interests—
a) an equitable interest in land which is capable, when in possession, of subsisting at law; or
b) an entailed interest
Finance Act 1946
Section 54 ) Units under unit trust schemes to be treated as stock
1) Any reference in the enactments relating to stamp duty to stock shall be deemed to include a reference to a unit under a unit trust scheme, and any reference in any such enactment to a stock certificate to bearer shall be deemed to include a reference to a certificate to bearer in relation to a unit under a unit trust scheme and, subject to the provisions of this Part of this Act, the said enactments shall have effect accordingly.
2) Any reference in the enactments relating to stamp duty to the nominal amount or nominal value of stock shall, in relation to units under a unit trust scheme, be construed as a reference to the value of the units in question computed as if each unit were worth, and worth only, the price at which similar units are first or were first obtainable under the scheme from the trustees or managers thereof.
Section 57 ) Definitions
“trust instrument” means, in relation to a unit trust scheme, the trust deed or other instrument (whether under seal or not) creating or recording the trusts [on which the property in question is held];
“trust property” means, in relation to a unit trust scheme, the property subject to the trusts of the trust instrument;
“trust property represented by units” means, in relation to a unit trust scheme, all trust property except, where the trust instrument provides for periodical distributions, any such dividends, interest or other property arising from trust property as is required under the instrument to be distributed at the next such distribution;
“unit” means, in relation to a unit trust scheme, a right or interest (whether described as a unit, as a sub-unit, or otherwise) of a beneficiary under the trust instrument;
“certificate to bearer” means, in relation to a unit under a unit trust scheme, a document by the delivery of which the unit can be transferred
Settled Land Act 1925
Section 9 ) Procedure in the case of settlements and of instruments deemed to be trust instruments
1) Each of the following settlements or instruments shall for the purposes of this Act be deemed to be a trust instrument, and any reference to a trust instrument contained in this Act shall apply thereto, namely:—
(i) An instrument executed, or, in case of a will, coming into operation, after the commencement of this Act which by virtue of this Act is deemed to be a settlement;
(ii) A settlement which by virtue of this Act is deemed to have been made by any person after the commencement of this Act;
(iii) An instrument inter vivos intended to create a settlement of a legal estate in land which is executed after the commencement of this Act, and does not comply with the requirements of this Act with respect to the method of effecting such a settlement; and
(iv) A settlement made after the commencement of this Act (including a settlement by the will of a person who dies after such commencement) of any of the following interests—
a) an equitable interest in land which is capable, when in possession, of subsisting at law; or
b) an entailed interest
