Proper way to register a birth

[Keith Alan]

I believe this is where the person is created and those are fictions of law.


PART I
ADMINISTRATION OF THE GOVERNMENT

TITLE I
JURISDICTION AND EMBLEMS OF THE COMMONWEALTH, THE GENERAL COURT, STATUTES AND PUBLIC DOCUMENTS

CHAPTER 4
STATUTES

Section 7
Definitions of statutory terms; statutory construction



Nope, I don't see human being in there at all.

Well, after all its an event that is registered, not a person, although a person is created on that day.

[pumpkin]

People used to just write in back of the family Bible.

[walter]

People used to just write in back of the family Bible.

Recording in gods jurisdiction over the state's jurisdiction.
I have a family bible that has a section in the front for recording birth, wedding, deaths etc.

[shikamaru]

Register .... or record?

[allodial]

AFAIK it went something like this, if a sailor and a barmaid shag in the woods and the barmaid bears kid without a man to claim it or if a kid is born on public liability then the thing to do was to register the birth.

An alternative (or in addition to the Family Bible) is to simple make out a statement or notice or the like that outlines that say on the __ day of ___, 19__ unto said Father or unto said Household the said Child was born on private land near Something-something county, New York without the United States of America. Once can have it witnessed and send it to, say, State Attorney General or some other. One could have it notarized as well. One could file it in the county recorder or in a misc jacket at a USDC. Various options. The State will presume all typically registered births to be "public" and thusly associate them with public offices.

A birth at a hospital facility can still be private. If a child is born "in" a hospital --remember that a hospital is a corporation. The hospital building itself is neither a corporation nor a hospital..obviously.

[tommyf350]

Check out what I came across . I have not finished reading it but thought it was worth a mention. What I am reading is that the name gives jurisdiction and not redeeming means you're in default.

http://avalon.law.yale.edu/19th_century/mainea02.asp

I employ the word "fiction" in a sense considerably wider than that in which English lawyer are accustomed to use it, and with a meaning much more extensive than that which belonged to the Roman "fictiones." Fictio, in old Roman law, is properly a term of pleading, and signifies a false averment on the part of the plaintiff which the defendant was not allowed to traverse; such, for example, as an averment that the plaintiff was a Roman citizen, when in truth he was a foreigner. The object of these "fictiones" was, of course, to give jurisdiction, and they therefore strongly resembled the allegations in the writs of the English Queen's Bench, and Exchequer, by which those Courts contrived to usurp the jurisdiction of the Common Pleas: -- the allegation that the defendant was in custody of the king's marshal, or that the plaintiff was the king's debtor, and could not pay his debt by reason of the defendant's default. But I now employ the expression "Legal Fiction" to signify any assumption which conceals, or affects to conceal, the fact that a rule of law has undergone alteration, its letter remaining unchanged, its operation being modified. The words, therefore, include the instances of fictions which I have cited from the English and Roman law, but they embrace much more, for I should speak both of the English Case-law and of the Roman Responsa Prudentum as resting on fictions. Both these examples will be examined presently. The fact is in both cases that the law has been wholly changed; the fiction is that it remains what it always was. It is not difficult to understand why fictions in all their forms are particularly congenial to the infancy of society. They satisfy the desire for improvement, which is not quite wanting, at the same time that they do not offend the superstitious disrelish for change which is always present. At a particular stage of social progress they are invaluable expedients for overcoming the rigidity of law, and, indeed, without one of them, the Fiction of Adoption which permits the family tie to be artificially created, it is difficult to understand how society would ever have escaped from its swaddling clothes, and taken its first steps towards civilisation. We must, therefore, not suffer ourselves to be affected by the ridicule which Bentham pours on legal fictions wherever he meets them. To revile them as merely fraudulent is to betray ignorance of their peculiar office in the historical development of law. But at the same time it would be equally foolish to agree with those theorists, who, discerning that fictions have had their uses, argue that they ought to be stereotyped in our system. They have had their day, but it has long since gone by. It is unworthy of us to effect an admittedly beneficial object by so rude a device as a legal fiction. I cannot admit any anomaly to be innocent, which makes the law either more difficult to understand or harder to arrange in harmonious order. Now legal fictions are the greatest of obstacles to symmetrical classification. The rule of law remains sticking in the system, but it is a mere shell. It has been long ago undermined, and a new rule hides itself under its cover. Hence there is at once a difficulty in knowing whether the rule which is actually operative should be classed in its true or in its apparent place, and minds of different casts will differ as to the branch of the alternative which ought to be selected. If the English law is ever to assume an orderly distribution, it will be necessary to prune away the legal fictions which, in spite of some recent legislative improvements, are still abundant in it.

[shikamaru]

Check out what I came across . I have not finished reading it but thought it was worth a mention. What I am reading is that the name gives jurisdiction and not redeeming means you're in default.
http://avalon.law.yale.edu/19th_century/mainea02.asp

You can download "Ancient Law" by Sir Henry Sumner Maine from Google Books.

I would recommend this.

[tommyf350]

Ok ,I will do just that. Thanks shikamaru.

[shikamaru]

Ok ,I will do just that. Thanks shikamaru.

Here you go.

Ancient Law - Henry Sumner Maine

[pumpkin]

It seems legal fictions come into existance to actually help the people, then the lawyers get a hold of them and then they are used against us.

[Keith Alan]

It seems legal fictions come into existance to actually help the people, then the lawyers get a hold of them and then they are used against us.

Maxim - Fictions arise from the law, and not law from the fictions.

[tommyf350]

It might be a maxim. But after reviewing the statement, I think man creates the law from nothing but his imagination. It seems very fictional to me.

[Keith Alan]

Another maxim, to paraphrase, is that no harm comes from an execution of law.

I see the point about law coming from nothing more than imaginations, and I suppose that is true in a way.

If people agree/consent to abide by an idea, then in effect law is created.

[tommyf350]

That sounds reasonable. The source is still the same though. I am not arguing, just making an observation.

[alexpeter]

Now that is a good example provided to make things simpler to understand.