How is an oath a bond?
It is my understanding that an oath is an attestation, a pledge.
To me, it seems more akin to a servitude, a license.
The oath taker has a fiduciary duty to the receiver.
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How is an oath a bond?
It is my understanding that an oath is an attestation, a pledge.
To me, it seems more akin to a servitude, a license.
The oath taker has a fiduciary duty to the receiver.
A Public Official's fidelity bond goes hand in hand with their Oath of Office. Once upon a time they were actual individual sureties. These days assurance and claims are usually handled by an Office of Risk or Loss Management.
For example, Illinois .
Which municipal officials are required to be bonded?
Answer.
According to Section 3.1-10-30 of the Illinois Municipal Code, before entering upon the duties of their respective offices, all municipal officers, except aldermen and trustees, shall execute a bond with security, to be approved by the corporate authorities. Regarding other municipal positions, any other positions for which your municipality may have an ordinance requiring a bond must also be bonded.
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Here’s a pdf on the subject from the Fidelity Law Association. 279 kb - 51 pgs .
Here’s the rub . For the Bond to be in effect, the Oath must be signed by the Official and entered into the Public Record . Other wise the Office is Void. Just try to find one . Court Players have had a real interesting time challenging a Judge’s Bond .
Here’s from my memoirs on the Orange County Citizens Grand Jury . We didn't even get into the Registered Oath of Office = Bond issue at that time .
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One last California Fairy Tale :
Project : Reinstate abandoned Town Charter to get trash pick up for $15 per month rather than $50 for being in the County, outside an “Incorporated City Limits” about 2 miles away .
Process : Cert copy of Original Charter from archives. Follow Calif. Corporation Statutes to establish Municipal Corporation . Elect Mayor, Secretary and Treasurer . Appoint a constable till the Sheriff is contracted for police protection , or not . Kick Sheriff out of Township Jurisdictional boundaries . Secure Private Surety Bond for these three Officers in case of Malfeasance in Office . Can’t pay for damages to a Private Citizen from Public Funds . Bond is a must . File papers in appropriate venue . Be a town again .
Discovery : No companies will issue the bonds anymore. No Bonds = No Municipality .
Off shoot, Orange County :
Chain of Authority to impanel a Jury in all legal matters between State / Municipal entities and Citizens :
A Properly Elected or Appointed Judge or Justice of Peace , UNLESS individual has a Personal Interest in outcome of the case. Judge has said interest as pay comes from public funds, paid “fines”, and etc ..
Next : County Sheriff . Same conflict of interest .
Next : County Coroner . Same Again .
Next : A Board of County Elisors . Little remembered Status held by Titled Property Owners Seated in the County .
A group of OC Residents / Denizens / Citizens ( whatever ) empanel a Private Grand Jury of 23 and appoint a Private Attorney General to investigate and take evidence of OC’s top 3 Officers being Bonded . Evidence found only the County Treasurer held a Bond . Under Calif. Statute, Muni Corps must follow the Corporation Statutes as well as those specifically dealing with Municipalities. Orange County Municipal Corporation is dissolved by operation of law . Can not legally exist .
Three men, homeowners with clear Title to their property ( Elisors with Standing to sue ) come on board to pursue case in State court , if necessary .
First was the investigation showing evidence of facts in the matter, then a check with the Secretary of State’s Office to secure a Certificate of Good Standing . No Certificate issued because OC was not registered . Next would have been a letter to the Sec of State presenting the Jury findings with a notice to dissolve the Muni Corp , as required by Statute . Result would properly be collapse of Orange County back into Los Angeles , from which it sprang . Domino effect was hoped for to show the perfidy of governing bodies and restore County and State Rights and Constitutional Trust .
Result : All three men report being intimidated by Sheriff’s Deputies , followed by patrol cars every where with one reporting verbal threats of violence against his family . The three decline to go forward with the case out of fear . Understandable .
A friend of mine was something of a double agent . He told a few of us privately that all of our pictures were on the wall of the special investigations room in the basement at the Sheriff’s office . About 100 people in all . A task force had been following us as part of investigating Our One Supreme Court efforts . Seems that was largely considered a joke until the Citizens Grand Jury formed . Our 24 pictures went to the top of the lay out and we had been declared “Dangerous Paper Terrorists” .
The picture taking outside our weekly meetings became very blatant , intimidating so many our efforts collapsed .
Oh well .
So, the oath is an incidence, a servitude, a license?
The bond is surety to the fiduciary?
You know you can enter the evidence of a void office into a court of record with a writ of quo warranto.
That would get the party started :).
Quo Warranto is a hornets nest of fun .
You betcha!!
Its called "here comes the boom" :).
http://www.youtube.com/watch?v=HS3zUzjG3Js
I have to conclude at this point that the oath is a license. And if the officer requires a fidelity bond, the officer must be licensed and bonded .....
My studies indicate the Oath is more in the nature of a contract agreement. Election to Office = Offer / Oath = Acceptance. Keep in mind the original definition of License is :
n. - 1. Leave; permission; authority or liberty given to do or forbear any act. A license may be verbal or written; when written, the paper containing the authority is called a license.
v.t. - 1. To permit by grant of authority; to remove legal restraint by a grant of permission; as, to license a man to keep an inn.
2. To authorize to act in a particular character; as, to license a physician or a lawyer.
Wow... this echos what a friend of mine said. Okay, I will have to accept that an oath is a contract.Quote:
Originally Posted by Trust Guy
Oh snap! I should have deduced that with regard to how oaths were treated in England. An offer was made and then sealed before witnesses in a ceremony.
Today's ceremony for elected / appointed Office, like Judges in many instances :
Oath verbally administered and witnessed by the appropriate officiant and sealed by register in the designated location .