Is a name property ??

[Michael Joseph]

Interesting idea !

David Merrill, was it Leroy Michael that was particularly adept at the King's Bench? I seem to recall him giving a lecture concerning how that works.

Shalom,
MJ

[shikamaru]

I believe it is "unclaimed" property. Have you ever made a public claim? I think one could do that easily and then effect a quiet title on the name and establish a fee schedule for the use of it without your express written permission. If you keep it under the Small Claims limit in your state, you could be having some real fun with that. Because after all, isn't it always all about right, title and interest?

Interesting idea !

[QUOTE="Forward to creator and owner of the name" then i put vital statistics address on it from the province in which i was born,
its been 7 months and i have not had another statement sent to me...crossing fingers still and hoping for the best, but it looks like i hit a nerve,[/QUOTE]

I've heard of at least 3 people claim to have made a visit to/called either the Sect'y of State or the Vital Stat's dept. in their state and ask who owns the name on the birth certificate. The answer was the agency owned the name. Then one guy got smart and said "excellent because I've got about several grand worth of bills to that name I need to pass along to you." He was asked to come back the next day which is when the agency clerk said, "sorry, my mistake, you own the name".

Is a name, an appellation property?

I believe it is "unclaimed" property. Have you ever made a public claim? I think one could do that easily and then effect a quiet title on the name and establish a fee schedule for the use of it without your express written permission. If you keep it under the Small Claims limit in your state, you could be having some real fun with that. Because after all, isn't it always all about right, title and interest?

I believe the basis of being detained on the street is probable cause.

Well if that's the case, we need to drill down exactly what probable cause is, and what it isn't. Probable cause is defined in the 4th amendment at the state and federal level as that which is supported by oath or affirmation. Further to that, there must be a major premise under scrutiny, not simply a minor premise "violation".

[Michael Joseph]

TAKE:


2. To Obtain or assume possession of a chattel UNLAWFULLY, and without the Owner's Consent; to appropriate things to one's own use with felonious intent. Thus, an actual TAKING is essential to constitute larceny. 4 Bl. Comm. 430.

The Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple

How do we find the meaning of SEIZED?

SEISINSEIZURE, practice. The act of taking possession of the property of a person condemned by the judgment of a competent tribunal, to pay a certain sum of money, by a sheriff, constable, or other officer, lawfully authorized thereto, by virtue of an execution, for the purpose of having such property sold according to law to satisfy the judgment. By seizure is also meant the taking possession of goods for a violation of a public law; as the taking possession of a ship for attempting an illicit trade. 2 Cranch, 18 7; 6 Cowen, 404; 4 Wheat. 100; 1 Gallis. 75; 2 Wash. C. C. 127, 567.

2. The seizure is complete as soon as the goods are within the power of the officer. 3 Rawle's Rep. 401; 16 Johns. Rep. 287; 2 Nott & McCord, 392; 2 Rawle's Rep. 142; Wats. on Sher. 172; Com. Dig. Execution, C 5.

3. The taking of part of the goods in a house, however, by virtue of a fieri facias in the name of the whole, is a good seizure of all. 8 East, R. 474. As the seizure must be made by virtue of an execution, it is evident that it cannot be made after the return day. 2 Caine's Rep. 243; 4 John. R. 450. Vide Door; House; Search Warrant.

========================

Quoting other sources:

Q: What does seized in fee simple mean?

That means real property was owned by the decedent at the time of her death, i.e., the decedent was seized in fee simple of certain property as follows . . . . When land is conveyed to a new owner the new owner becomes seized in fee simple of that property. It's an old common law from the word seisen which is the possession of a freehold estate. Seisen was used to contrast the lesser estate held by tenants in a village where the land was considered to be the possession of the lords who held the freehold estate.

Q: Fee simple- does land conveyed in fee simple include mineral rights?

Initially, land is conveyed from a government to private ownership by a land "grant" or a land "patent". The government may or may not include or exclude mineral rights in the land grant or land patent, or such rights may be governed by statutory law. A government may choose to lease or sell such mineral rights separate from the "land" or "real property".Subsequently, land or real property is conveyed from private ownership to private ownership by "Deed". A private owner could sell off the mineral rights to one party while selling off the land to another title" (the land grant or patent, followed by a series of conveyance deeds).Generally, land conveyed "fee simple" also conveys the mineral rights from a Grantor to a Grantee, provided that the Grantor possessed such mineral rights to convey.To find out whether the Grantee has, and the Grantor had, such mineral rights requires tracing back the "chain of title" (usually with a County Clerk of Court or County Recorder of Deeds). One is looking for any deed restrictions or separation of mineral rights in such chain of title. Then one also needs to research whether Federal or State law reserve mineral rights to the government through the land grant or land patent or any subsequent transfers.An important component of "mineral rights" is usually the "right of entry" to exploit such rights. While many mineral rights holdings lay "dormant", they often have a exploit the land as compared with a property owner. Which means that they can choose to excavate a huge hole or otherwise tear up your property to exploit what is underneath it. They "eventually" need to compensate you or to more or less put things back the way they may have more rights to the land than you have to the property. It depends on the governing law (federal or state) and who granted what to whom and when.

[Michael Joseph]

I wonder why English was chosen as the official corporate language of the planet?

ISH is Hebrew for Man. BRT is Hebrew for Contract. BRIT-ISH is hebrew for Contract Man. Ephraim is a Multitude of Nations. Manasseh is a Strong Nation. And the older Manasseh shall serve the younger Ephraim.

Concerning Dis-Trict - Federal - let me see:

Quoting: Mastery of the Universal-Legal-Technology:

"62"

62 From the University of Notre Dame Latin Dictionary Online.

In my opinion, Hebrew was the original language - the languages were confused. If you are one who stays upon this non-sense called Evolution, then please explain to me why it is Evolutionally practical to have 6000+ different languages. Wouldn't it be better [survival speaking] to just have one common language? Of course it would. Stack one up for the Creationist. Wahooooo.


Shalom,
MJ

[walter]

district (n.)
1610s, "territory under the jurisdiction of a lord or officer," from French district (16c.), from Medieval Latin districtus "restraining of offenders, jurisdiction," then under the feudal system "area of jurisdiction," noun use of past participle of Latin distringere "hinder, detain" (see distress). Used vaguely of "any tract of land" from 1712. District attorney attested by 1789, American English.

http://www.etymonline.com/index.php?allowed_in_frame=0&search=district&searchmode=none

distress (n.)
late 13c., "circumstance that causes anxiety or hardship," from Old French destresse, from Vulgar Latin *districtia "restraint, affliction, narrowness, distress," from Latin districtus, past participle of distringere "draw apart, hinder," also, in Medieval Latin "compel, coerce," from dis- "apart" (see dis-) + stringere "draw tight, press together" (see strain (v.)). Meaning "anguish, suffering; grief" is from c.1300.

territory (n.)
early 15c., "land under the jurisdiction of a town, state, etc.," probably from Latin territorium "land around a town, domain, district," from terra "earth, land" (see terrain) + -orium, suffix denoting place (see -ory).

An alternative theory, somewhat supported by the vowels of the original Latin word, suggests derivation from terrere "to frighten" (see terrible); thus territorium would mean "a place from which people are warned off." Sense of "any tract of land, district, region" is first attested c.1600. Specific U.S. sense of "organized self-governing region not yet a state" is from 1799.



I wonder why English was chosen as the official corporate language of the planet?

[Michael Joseph]

appellation http://legal-dictionary.thefreedicti...om/appellation

Taken from another source.

TAKE:

1. To Lay Hold of; to gain or receive into possession; To Seize; To Deprive one of the possession of; to assume ownership. Thus, it is a Constitutional provision that a Man's (PRIVATE) Property SHALL NOT be TAKEN for Public Uses WITHOUT JUST COMPENSATION. 9 Ind. 433.

How many argue Section 1 article 8 - lawful money is gold/silver. But there is a HUGE difference between a State and a District. File any cause in the USDC and you will find that on North Carolina the style will be as such:

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH CAROLINA

Notes are fine all day long within the Districts.

The contract was made in the District of Columbia; was to be there performed; and respected real property in Washington. Within this District, Congress has power to exercise exclusive legislation, in all cases whatsoever. Art. I, sec. 8, ch. 17

These terms unquestionably include the power to make treasury notes legal tender for all debts. Willard v Taylor, 8 Wall. 557 (1869) inhabitants of districts of a country occupied and controlled by an invading belligerent. The rules which would apply in the former case would apply in the latter; and, as in the former case, the people must be regarded as subjects of a foreign powerThorington v. Smith, 75 U.S. 1, 12 (1868)


Now therefore the Military Commander was tasked to create DISTRICTS - and notice that Within the Bounded Survey known as the DISTRICT of [INSERT NAME] we see notes.

Can you say WARD?

[Chex]

appellation http://legal-dictionary.thefreedicti...om/appellation

Taken from another source.

TAKE:

1. To Lay Hold of; to gain or receive into possession; To Seize; To Deprive one of the possession of; to assume ownership. Thus, it is a Constitutional provision that a Man's (PRIVATE) Property SHALL NOT be TAKEN for Public Uses WITHOUT JUST COMPENSATION. 9 Ind. 433.

2. To Obtain or assume possession of a chattel UNLAWFULLY, and without the Owner's Consent; to appropriate things to one's own use with felonious intent. Thus, an actual TAKING is essential to constitute larceny. 4 Bl. Comm. 430.

3. To Seize or apprehend a person; to Arrest the body of a person by virtue of Lawful Process. Thus, a CAPIAS commands the officer to TAKE the body of the defendant. (The Judicial "Commercial" Courts have been arresting the WRONG Person; the Private Person instead of the US Fictional "Corpus account" Person, who is bound to the Commercial Codes.)

4. To acquire the Title to an ESTATE; to receive an estate in lands from another person by Virtue of some SPECIES of TITLE. Thus, one is said to "take by purchase," "take by descent," "take a LIFE-interest under the DEVISE," etc. (Certificate of LIVE Birth", Driver's License with the LIVING"S picture, other documents with the LIVING Autograph.)

http://savingtosuitorsclub.net/showthread.php?614-Is-a-name-property&p=7117&viewfull=1#post7117

[Michael Joseph]

with them, Everything is a contract.

UNDERTAKING, contracts. An engagement by one of the parties to a contract to the other, and not the mutual engagement of the parties to each other; a promise. 5 East, R. 17; 2 Leon. 224, 5; 4 B, & A. 595.

ENGAGEMENT. This word is frequently used in the French law to signify not only a contract, but the obligations arising from a quasi contract. The terms obligations (q. v.) and engagements, are said to be synonymous 17 Toull. n. 1; but the Code seems specially to apply the term engagement to those obligations which the law, imposes on a man without the intervention of any contract, either on the part of the obligor or the obligee. Art. 1370.

OBLIGATION. In its general and most extensive sense, obligation is synony- mous with duty. In a more technical meaning, it is a tie which binds us to pay or to do something agreeably to the laws and customs of the country in which the obligation is made. Just. Inst. 1. 3, t. 14. The term obligation also signifies the instrument or writing by which the contract is witnessed. And in another sense, an obligation still subsists, although the civil obligation is said to be a bond containing a penalty, with a condition annexed for the payment of money, performance of covenants or the like; it differs from a bill, which is generally without a penalty or condition, though it may be obligatory. Co. Litt. 172. It is also defined to be a deed whereby a man binds himself under a penalty to do a thing. Com. Dig. Obligation, A. The word obligation, in its most technical signification, ex vi termini, imports a sealed instrument. 2 S. & R. 502; 6 Verm. 40; 1 Blackf. 241; Harp. R. 434; 2 Porter, 19; 1 Bald. 129. See 1 Bell's Com. b. 3, p. 1, c. 1, page 293; Bouv. Inst. Index, h. t.

DUTY, natural law. A human action which is, exactly conformable to the laws which require us to obey them.

2. It differs from a legal obligation, because a duty cannot always be enforeed by the law; it is our duty, for example, to be temperate in eating, but we are under no legal obligation to be so; we ought to love our neighbors, but no law obliges us to love them.

3. Duties may be considered in the relation of man towards God, towards himself, and towards mankind. 1. We are bound to obey the will of God as far as we are able to discover it, because he is the sovereign Lord of the universe who made and governs all things by his almighty power, and infinite wisdom. The general name of this duty is piety: which consists in entertaining just opinions concerning him, and partly in such affections towards him, and such, worship of him, as is suitable to these opinions.

4. - 2. A man has a duty to perform towards himself; he is bound by the law of nature to protect his life and his limbs; it is his duty, too, to avoid all intemperance in eating and drinking, and in the unlawful gratification of all his other appetites.

5. - 3. He has duties to perform towards others. He is bound to do to others the same justice which he would have a right to expect them to do to him.

DUTIES.TAXES. This term in its most extended sense includes all contributions imposed by the government upon individuals for the service of the state, by whatever name they are called or known, whether by the name of tribute, tithe, talliage, impost, duty, gabel, custom, subsidy, aid, supply, excise, or other name.

5. The word taxes is, in a more confined sense, sometimes applied in contradistinction to duties, imposts and excises. Vide, generally, Story on the Const. c. 14; 1 Kent, Com. 254; 8 Dall. 171; 1 Tuck. Black. App. 232; 1 Black. Com. 308; The Federalist, No. 21, 36; Woodf. Landl. and Ten. 197, 254.


Comment: DEAR TAXPAYER is this possibly a name of tribute? Interesting, yes? Notice FOR THE SERVICE OF THE STATE. Making a Use of the State is not free.


SERVICE contracts. The being employed to serve another.


SERVICE feudal law. That duty which the tenant owes to his lord, by reason of his fee or estate.


Comment: How many of you hold lands in FEE Simple? I truly do not comprehend how anyone after reading Blackstone can say that a Fee Simple estate is NOT a qualified estate - it just simply is. And as such there may be duties required - I remember the draft for military service. How is that not a Service or duty that the TENANT in Common or Joint Tenant owes to his/her feudal lord - LANDLORD in Service?

The Feudal Lord is the Cestui Que Trust and the Tenant is the Trustee.

SERVITUDE, civil law. A term which indicates the subjection of one person to another person, or of a person to a thing, or of a thing to a person, or of a thing to a thing.


SERVITUS, civil law. A service or servitude; a burden imposed by law, or the agreement of parties upon certain persons, for the benefit of others; or upon one estate for the advantage of another, or for the benefit of another person than the owner.

SERVITUS. Servitude; slavery; a state of bondage. "Servitus autem, est constitutio," say the Institutes of Justinian, 1, 3, 2, "qua quis dominio alieno contra naturam subjicitur." Servitude is a disposition of the law of nations, by which, against common right, one man has been subjected to the dominion of another. See Bract. 4 b; Co. Litt. 116.

DISPOSITION, French law. This word has several accept-ations; sometimes it signifies the effective marks of the will of some person; and at others the instrument containing those marks.


Comment: Under Servitude "of a thing to a thing" is not a name a thing? Is it not a wrench or a tool. Meaning I am me not a name. A name is a mere convenience. I am a child of El Elyon - what I am called presently is merely a tool of convenience set up for relationships. Now who setup which tool? A birth certificate bears a name and my mom and dad gave me a name.

So which Adam is Adam?

Gen 5:2 Male and female created he them; and blessed them, and called their name Adam, in the day when they were created.

THINGS. By this word is understood every object, except man, which may become an active subject of right. Code du Canton de Berne, art. 332. In this sense it is opposed, in the language of the law, to the word persons. (q. v.)

Comment: Which may become an active subject or right. Now then, we are getting somewhere - cannot Rights be vested in a Name? Are not estates vested in a Name? If you say no, then pray tell, how on earth is the IRS putting forth a Lien against all assets held in NAME?


Shalom,
mj

[Chex]

contracted http://www.sba.gov/content/register-...iness-dba-name what the process is http://info.legalzoom.com/add-dba-llc-3292.htmlhttp://www.nolo.com/legal-encycloped...ame-30262.html

[Freed Gerdes]

Good stuff, Chex, but here in NC, the state wants to get into your business really quick and deep. Registering the fictitious name will get you referred to the NC Privilege Tax division, where they want you to file more forms, pay a Privilege Tax (the city of Charlotte wants a cut of that too), then register all your business property for purposes of paying an annual Business Property tax, etc. The Privilege Tax requires that you identify your business under some 30 categories, none of which is 'Estate management,' so they can determine the tax rate to apply to all your gross revenues. It looks like this filing would open you up to much more hasslement from the state, eh? Can you file a dba and claim that you are not going to do any actual business? Or that it is none of their business? Please take a look at the NC statutes and tell me this is same as Michigan... Looks to me like you are asking for a privilege (the right to do business), and that subjects you to lots of taxes. Again the presumption that if you are filing a fictitious name, which NC assumes is a business name, then you must be in business, and they must tax...

[Chex]

And in Commerce..

http://www.youtube.com/watch?v=9ljtAOjoC8U&feature=youtu.be

[walter]

Don't know if this is good or bad yet?

There are some very interesting points being made here.


Registration of
Fictitious Names

Download: Fictitious Name (DSCB: 54-311)

Generally, any sole proprietorship, partnership, corporation, or other form of association that conducts any business under an assumed or fictitious business name must register this name with the Pennsylvania Department of State. A fictitious name is any assumed name, style or designation other than the proper name of the entity using such name. These types of entities include any association, general partnership, syndicate, joint venture or similar combination of groups of persons. Certain entities need not make a fictitious name filing, contact the Corporation Bureau for details.

The surname of a person, standing alone or coupled with words that describe the business, is not a fictitious business name and need not be registered. For example, "Jones Radio Repair" would not be a fictitious name because it includes the last name of the owner. However, "Bill's Radio Repair" is considered to be a fictitious business name because the owner's last name is not listed.

The inclusion of words that suggest additional owners, such as Company, & Company, & Sons, & Associates, makes the name an assumed or fictitious name. For partnerships, the last name of all partners must be listed or the fictitious name rule applies. For example, if "Moore, Johnson, & Smith" includes all three partners' names, it is not considered to be a fictitious business name. If all the partners' names are not included, then the name must be registered with the Pennsylvania Department of State.

To register an assumed or fictitious business name, you must file form DSCB:54-311 with the Corporation Bureau in the Pennsylvania Department of State. After registering a fictitious name, you will be required to place an advertisement in a newspaper of general circulation in the county in which your business will be located and one in a legal publication or newspaper in that same county. You can identify the legal publication by contacting the county courthouse or county bar association in the county where the principal office is located. The Pennsylvania Department of State's Corporation Bureau can also assist you.

The penalty for failing to file a fictitious name registration is that the unregistered entity may not use the courts of Pennsylvania to enforce a contract entered into using the fictitious name. The failure to register the fictitious name does not void the contract, but merely prevents such enforcement until registration. The court also has the option of imposing a $500 penalty in these instances where the entity seeks to enforce the contract and subsequently registers the fictitious name in an untimely manner.

Download: Fictitious Name (DSCB: 54-311)

http://www.paopen4businessbriefcase.state.pa.us/BStructure/Fictitious.htm