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Certificate of Tyranny

CERTIFICATE OF TYRANNY

Evidence of systemic tyranny by the use of State documents

 

 

Published by Humble O’Pinion at Shakespir.com

Copyright 2015 Humble O’Pinion

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Shakespir Edition, License Notes.

This ebook is licensed for your personal enjoyment only. This ebook may not be resold or given away. This ebook is free at Shakespir.com Thank you.

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Table of Contents

Chapter 1. THE SET-UP

Chapter 2. CERTIFICATES OF TYRANNY

Chapter 3. THE MARRIAGE CONTRACT & TRUST

Chapter 4. BIRTH CERTIFICATE

Chapter 5. DEATH CERTIFICATE and PROBATE

Chapter 6. STATUTES AT LAW

 

O’Pinion. Governments have used paper to trick, track and tax their captive populations since the invention of paper. The Romans used paper to track and tax the Jews in the time of Christ; the Pope initiated the Crusades by a Papal Bull that convinced Christians to invade land held by Moslems; and the British used stamped paper to place a direct tax on the American Colonies in 1765.

The new United States government also used thick books full of paper to number and track the native ‘Indian’ peoples of America, and the US government used paper to record treaties with these Indian tribes, those people that could not read.

The United States seems to claim that paper is the source of all law, through its constitutions, statutes and orders.

The US government has also convinced its citizens that paper no longer represents money; that paper IS money and the creator of that money is its legal owner.

Plus, the U.S. citizen must ‘volunteer’ to adhere to the track and tax paper system, or he will receive no benefits from its existence, and he may even run afoul of its creators. On Halloween, this is called ‘trick’.

The paper documents are registered and stored by the government to help them enforce their claim of a benefit/duty upon the citizen. With every benefit comes an obligation.

If a citizen agrees to be a party to this arraignment, he must allow the state to place an encumbrance upon any property that he has registered. The encumbrance is commonly known as ‘a lien’.

If a citizen agrees to be a party to this arraignment, he must also participate in the overall contract of citizenship, without asking too many questions. The duties include, but are not limited to- volunteering for military service; volunteering to pay all taxes if applicable; and voting.

All of the obligations of citizenship are tracked by paper and become a ‘legal’ contract by the signatures of the parties. The contract is registered, creating a lien. The lien is one more vessel floating in the Sea of Paper. BACK to Top

Chapter 1. THE SET-UP

Government certificates, licenses, declarations, notices and registrations are evidence of a contract. A contract yields benefits and obligations upon all parties to it.

Contracts require four elements: lawful object, agreement, performance and consideration.

The parties must be lawful, competent adults that come to an agreement on what is to be done by whom; and what value is to be traded for the performance of the contract. If any the four elements are missing, there is no lawful contract.

Can a man make a contract without the other party’s consent?

No.

Can a man make a contract for future performance without agreement of what that performance will be?

No.

Can the State contract with an infant for continuous performance of a contract not yet described?

No.

Yet that is what the US government has done to infants, teenagers, adults and even to senior citizens.

Infants are not really in contract with the government, but the parent’s have laid a trap at the child’s feet.

The parents seek some kind of benefit by obtaining a government certificate or license. The parents convince their children that the benefits have been realized, and will be realized for the children too, so long as they enter the ‘contract for commerce’ system of law.

The following information is printed on certain government documents from 1917 and 1932, documents that my ancestors gave to me:

“a (birth) certificate is very valuable as proof of age and citizenship; it is necessary to have in the future life of this child for the purpose of entering or leaving school, obtaining working papers or marriage license, inheriting property, holding public office, entering civil or military service, and for many other important objects.”

A new benefit of the birth certificate was added in 1943. To qualify for wartime gas rationing the applicant must provide verification of birth. In other words- a birth certificate. You can now thank your parents for getting you a birth certificate, or not.

The truth is that ‘your’ birth certificate belongs to the state that issued it.

O’Pinion. The BC is bait for a trap that will lure the child into perpetual subjugation until the end of his life, and probably way beyond.

With the birth certificate and the many contracts that follow, the certificate ‘holder’ loses his standing as the Posterity of the victors of the American Revolution and claims his ‘citizenship’ status as the subject of a private corporation that was created in 1871. See Amendment Fourteen (1868) and the District of Columbia incorporation Act of 1871.

The minute the parent or child takes that first benefit from some certificate or license, his obligations also begin. Those that accept benefits from a government corporation become its beneficiaries. BACK to Top

Chapter 2. CERTIFICATES OF TYRANNY. Who benefits from government documents?

June 11, 1906. My ancestors were married in Butte, Montana. They applied for a marriage license from the Butte district court and a received a blank certificate form for their priest.

The marriage ‘license’ authorizes any approved judge or clergyman to “solemnize” a marriage. The solemnization ceremony is an act done in a public venue.

When the wedding ceremony is completed the priest then signs and returns the certificate to the district court. The priest (or justice of the peace) does not control any marriage; the priest controls the marriage ceremony.

The district court then puts the certificate and the license together as a marriage contract; and notifies the State of Montana that this contract has been registered.

A true marriage is a covenant between a lawful man and a lawful woman, solemnized before the neighbors of the county, two witnesses and God. That has been our tradition for a thousand years, or more.

O’Pinion. The American ‘marriage contract’ began after the Revolution and has slowly crept into our culture, one marriage at a time. The marriage contract represents or personates - but is not- a true marriage covenant. See more on the meaning of ‘represent’ and ‘personate’ below.

While the marriage license and certificate documents are distinct- they act as one when combined and registered.

My ancestors provided little information to their priest for the 1906 certificate. All the ‘fill in’ information was written by hand, in a cursive style. My ancestor’s signatures do not appear on the certificate, license or registration.

The certificate is a District court document, not the property of my ancestors. Later certificates of marriage would contain signatures of the minister, the witnesses and the applicants.

The 1906 marriage license had a control number in the upper right corner. WJ THOMAS, deputy district court clerk, signed the license.

The 1906 marriage certificate is filed adjacent to the license. A man named “JJ Callghan” signed the marriage certificate on that same day in 1906, as the “officiating” priest. The contract here is between the priest and the district court.

Very little information is written on these 1906 documents: the names of parties, date and place of marriage plus two witness signatures, a clerk and the priest signature. Both documents appear on a single page in the record but are separated by a bold line.

The opening line on the certificate document makes reference to the “foregoing license”. The reference connects the documents, legally.

The clerk listed on both documents is Wm. Davies. Davies leaves the “Filed for the Record” date field blank on the certificate and no signature is written on the certificate. The certificate is the priest’s domain.

Deputy clerk Thomas signed the marriage license. Thomas’ signature creates a contract between the State and himself. Every signature on a government form is evidence of consent to a contract.

The pair of marriage documents are acting as one. The document is then ‘noticed’; and that notification creates a third document for this package- the marriage registration.

The District court sends the Notice of the registration to the State Registrar in Helena.

The government offers a copy service for those that want a copy of any license, certificate or registration. I posses many such documents, even though I am not a party to them.

The three 1906 marriage documents are not contracts between my ancestors and the State. The signatures and the headings on the documents name all parties, and the signatures bind the signer to the contract. My ancestors did not sign the 1906 documents and are therefore not legally bound through those documents. But the validity of this marriage will never be disputed. The couple had three children; one being my great-grandmother named ‘May’.

In 1943 May submitted a copy of her marriage license to the State of Montana as evidence of her identification. She also submitted a copy of a voter registration record from 1935.

May was not a party to the 1906 marriage license package until February 4, 1943. Her signature in 1943 bound her to the package.

Any marriage certificate is a contract between the priest or justice of the peace and the applicants. Alone, it has no effect in law unless the signature parties agree to litigation concerning the certificate. No signature means no contract, at least in the beginning.

If the priest adds the certificate to the license application, the court may issue the marriage license

The ‘marriage registration’ contract is between the District court and the State registrar of vital statistics.

The 1906 ‘marriage license’ contract is between the Deputy court clerk and “The State of Montana, County of Silver Bow”.

The first line STYLE in this document and many more is ‘Old English’ (O.E.); This is a script that is barely readable to the average Montanan, giving a strong ‘constructive notice’ of law in the tradition of Old England.

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Anyone that adheres to any contract by submitting documents and paying fees gives evidence of its validity. However, if you ignore the marriage contract, as I have for my entire life, you owe nothing to the State concerning your covenant of marriage.

The applicants and State authorized officials are the only parties to the marriage contract. Later family documents would find the applicant’s signatures on marriage certificates, along with the authorized clergyman’s signature.

The marriage certificate alone is a not a specific contract that the State is a party to. If the applicant(s) or clergyman fails to complete the certificate within six months, the application expires. There is an exception called ‘declaration or marriage’, discussed below.

When the State accepts the completed marriage certificate with the license application, the certificate then becomes an element of the license issued. This is a combination of two documents to make a third.

O’Pinion. The foregoing paragraph explains why the State has combined the concept of church-ceremonies with the State ceremonies. It’s a matter of ‘symbolism of authority’, and a matter of deciding which authority has jurisdiction over the inhabitants of the county.

Church courts and clergy have been long recognized as lawful witnesses to traditional lifetime marriages. The clergyman is the master of the marriage ceremony, and any family could seek marriage counseling from the church at any time. This tradition is older than the State constitution or the US constitution.

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O’Pinion. The hijacking of the marriage covenant is a fraud from its inception- beginning in America in 1789 and in Montana in 1889.

The American Revolution separated the church from traditional marriage, and Montana followed suit when it became a state.

An inhabitant of Montana still had the right to a traditional marriage before and after statehood, but a myth sprang up after statehood was achieved.

According to the myth ‘every couple wishing to be married must apply for a license’.

We can only guess as to who benefits from this lie.

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1911 STANDARD CERTIFICATE OF BIRTH Gardiner, Montana. (Warren Mc); Duplicate for Clerk and Recorder; DEPARTMENT OF COMMERCE; BUREAU OF THE CENSUS (upper left corner) [[This is not the same type-set as the rest of the document could be stamped in at a later date; no file number on the doc; no handwritten signature. If the COMMERCE notation is accurate, this is the oldest document I have with ‘DEPARTMENT OF COMMERCE; BUREAU OF THE CENSUS’ upon it]].

1914 Butte, Montana. State OF MONTANA; CERTIFICATE OF BIRTH (Uncle Mike)

Short form document. Little information here other than names and “Ireland”, all ‘fill in’ words on this form are written by hand; the doctors name is written on the signature line family name first, but not ‘signed’ by a traditional definition of the word. There are no actual signatures on this birth certificate.

This is Uncle Mike’s birth certificate. There are two certificates here- twins. Mike is named and his twin is not named, the twin died at birth. These certificates have consecutive registration numbers and no other certificate numbers. Mike went on to become the electric supervisor for the Berkley Pit.

1917 “CERTIFICATE OF REGISTRATION OF BIRTH” (Kenny), this is a “PRIVATE MAILING CARD” sent to my great grandfather on Colorado Street in Butte. It says:

This is to Certify that a certificate of birth has been filed…State Department of Health at Helena. [[Cogswell’s signature as state registrar is at bottom of the document. “Born at Butte”; On the front of this card we find]]:

Preserve This Card. It may save your child time and money. It may give valuable aid in proving your childs: 1. AGE. 2. IDENTITY.3.CITIZENSHIP

[[Why is it necessary to prove these words? Is the State attempting to bestow a benefit upon Kenny- an infant two months of age? Or is the father of Kenny (my great-grandfather) assisting the government by setting a trap for Kenny? How does my great-grandfather benefit from this birth certificate? How does Kenny- at two months of age- “save time and money”?]].

1919 “Certificate of Death” (Foster- Central Park, Gallatin county); no signatures or mention of commerce; Pearce, MD is typed on signature line. Emily Foster died during an abortion, at age 27. [[My use of letter case mimics the documents in my possession. This 1919 document uses upper and lowercase letters in its title line. It is certain that this document becomes a statistic registered with the State]].

1920 death certificate: “DUPLICATE FOR THE CLERK AND RECORDER” State of Montana Certificate of Death. This is my great grandfather, an underground copper miner who died at age 32. Detailed information in this certificate: doctor’s name is typed; document filed 1 day after “DATE OF DEATH”; all typed names in upper and lowercase letters; a certificate number and a registration number are typed on its face. The only handwritten signature is that of the registrar. What is a Duplicate?

1921 Certificate of Death [[copy issued 1980-great gramps from Butte]]; long form; signature of Getty, MD. No file number, registration number or use of the word ‘commerce’.

1926 [[top of doc is clipped off]]. Certificate of Death (gggramps- Butte); long form; no signatures but MD Laurence is typed on the line. [[This is akin to the Duplicate long-from document- for county use; all documents generate a statistic that is registered with the State/US]].

1932. Dad was born in a Butte hospital. The doctor certified that Dad was born alive and that the doctor attended the birth. I posses all three documents connected to the ‘birth’.

Document #1. “Original Record for State Registrar”; “STANDARD CERTIFICATE OF BIRTH”; State Board of Health, Bureau of Vital Statistics. Form VS No. -6-12M- 7-31; [[28 numbered lines of info- long form “original”]]; All info on ‘fill in’ lines is typewritten “Date of Birth 3-4-32”; child, parent info is listed, physician Tash hand-signed the document at the bottom; upper right corner BT 8996; filed “3/10, 1932.

The words ‘DEPARTMENT OF COMMERCE’ do not appear on this document

Document #2. “Duplicate for the Clerk and Recorder” “STANDARD CERTIFICATE OF BIRTH”; State Board of Health, Bureau of Vital Statistics; form VS-7B-12M-7-31. Detailed information: 28 numbered lines of info- long form “Duplicate”. Physician Tash name is typed; document filed 6 days after “date of birth”; all typed names in upper and lowercase letters; names but no signature of either parent; the only handwritten signature is the registrar, whose name is not typed, but signed, in 1932.

While the Original STANDARD CERTIFICATE OF BIRTH and the Duplicate STANDARD CERTIFICATE OF BIRTH appear to be the same document, they are clearly not identical. The “Duplicate” is not a duplicate, unless the meaning is ‘a pawn ticket’. This deception is fraud, laid before your feet.

Document #3. Federal Registration

UNITED STATES OF AMERICA. DEPARTMENT OF COMMERCE. BUREAU OF THE CENSUS.

NOTIFICATION OF BIRTH REGISTRATION. This is to inform you that there is preserved under File No. BT 8996, in the State office for the registration of vital statistics at HELENA, MONTANA, a Record of Birth, as follows: [[Names etc; document lists proper day of birth for my dad; maybe auto-stamp signed in hand by Cogswell MD, Special Agent of the (federal) Census; the first text line of the federal registration contains the number ‘Bt.8996’. The Original Record for State Registrar contains the same number in the box in the upper right corner. The number connects the Original State record to the U.S. Registration notice by signature, hence- contract]].

On the backside of the birth registration of 1932 we find:

“IMPORTANT NOTICE The official record of birth of which this is a certificate is very valuable as proof of age and citizenship; it is necessary to have in the future life of this child for the purpose of entering or leaving school, obtaining working papers or marriage license, inheriting property, holding public office, entering civil or military service, and for many other important objects.

NOTICE If any errors are found in the statements given on the inclosed certificate, kindly send corrections at once to Dr. W.F. Cogswell, Special Agent, Bureau of Census, Helena, Mont.

Dr. Cogswell will then take steps to make the necessary corrections of the records on file at the State office and at Washington. D.C. 11-8686

[[same statement on a 1935 document, except the Agent was L.L. Benepe and the “and at Washington. D.C.” line was a deleted.

The pattern of birth registration is laid out here. Dad was born in a hospital. The doctor signed the certificate and the registrar signed the Duplicate. The ‘Duplicate’ is not a duplicate by the common definition, it is a certification that the birth occurred and a receipt for the creation of a contract.]].

1932 Standard Certificate of Death; Duplicate for Clerk and Recorder. [Mike’s dad in Butte] CE Emery, MD, typed on signature line; JJ Kraus signs as registrar. Detailed long form. [[No ‘COMMERCE’ on this one]].

1935 NOTIFICATION OF BIRTH REGISTRATION: UNITED STATES OF AMERICA; DEPARTMENT OF COMMERCE; BUREAU OF THE CENSUS; signed by Special Agent Benepe

1935 STANDARD CERTIFICATE OF BIRTH; Original Record for State Registrar; Livingston, Montana. [[hand signed by Pampel, M.D.; cert # and no mention department of commerce]].

1939 STANDARD CERTIFICATE OF LIVE BIRTH (Joyce in Bozeman); DEPTARTMENT OF COMMERCE; BUREAU OF THE CENSUS; no signatures.

1940 STANDARD CERTIFICATE OF DEATH (Atkins-Livingston, Montana) Duplicate for Clerk and Recorder; DEPARTMENT OF COMMERCE; BUREAU OF THE CENSUS; signed by registrar and MD.

1941 STANDARD CERTIFICATE OF DEATH. Duplicate for clerk and Recorder. Katherine Donavan.

DEPTARTMENT OF COMMERCE; BUREAU OF THE CENSUS; state file number and registrar’s handwritten signature.

1943 Certificate of delayed birth registration. DEPT OF COMMERCE; BUREAU OF THE CENSUS; (grandmother May); only hand written signature is state registrar Cogswell. February 1943: Original Record for State Registrar [[this Cogswell guy must be an old man by 1943. He is the registrar on my documents of 1917 and now 1943 as well]]

CERTIFCATE OF DELAYED BIRTH REGISTRATION

DEPT OF COMMERCE

BUREAU OF THE CENSUS

Name at birth, place of birth, parents name and birth info, ABSTRACT OF EVIDENCE: school record 1897, voting registration record of 1935, marriage license from 1906.

A notary public’s name is printed on the signature line for the evidence listed. The local and State registrar’s name are similarly printed; the State registrar signed this document by hand, at the bottom

A registrar’s number, a registration number and a State file number are typed on this document from1943.

What we have here is a merging of a previous contract (marriage registration) to the delayed birth registration. Claiming that you are the representative of the person named on the birth or marriage certificate/registration accomplishes this document merger.

1950 death certificate, Butte, Montana. Upper left corner, under form number: FEDERAL SECURITY AGENCY PUBLIC HEALTH SERVICES. Physician’s name typed on signature line; registrar’s name is signed by hand.

1952 Marriage License State OF MONTANA County of Gallatin}ss.

To Any Person Authorized to Solemnize Marriages, Greeting: (man’s name first, woman’s, parents)

IN WITNESS WHEREOF signed by Thompson, deputy clerk of district court

1952 Certificate of Marriage State OF MONTANA County of Gallatin}ss.

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The above certificate from 1952 is on the same page as the license but separated by a solid bold line. There is a gold-colored seal on the certificate top left, overlapping the license. The certificate is hand-signed by the minister, two witnesses and the groom; the bride signed the certificate 10 minutes after the ceremony and added the groom’s family name onto her own, making four names on the Bride line. Two documents here, acting as one. The license authorizes the ceremony and contract.

There is a lot of information on the word ‘marriage’ in Black’s law dictionary, but it does not list the words ‘marriage’ and ‘covenant’ in the same sentence.

1952 Presbyterian Church certificate. This Certifies…[[Usual info]]. Signed by minister and two witnesses. At bottom: What therefore God hath joined together let not man put asunder. St. Matt 19:6

The 1952 couple here were married until death did they part.

1954 Larry’s CERTIFICATE OF LIVE BIRTH (copy issued 2007) was created 11 days after his birth in 1954. This is the short form certificate with little info: names of parents, age in years, birth state of parents, county and state of birth (Portland, Oregon); certificate number, county file number and “fee number”

[[A ‘fee’ under feudal law- is the king or baron’s land and other property; also called ‘fief’ or ‘feud’. The fee number is the “account party” number. Three account numbers for one certificate]].

1955 Certificate of Death DUPLICATE FOR CLERK AND RECORDER Bozeman, Montana (Wm. Mac); DEPT.HEALTH, EDUCATION AND WELFARE PUBLIC HEALTH SERVICE; no hand signed signatures, but Sippel, MD is typed on the line. [[This is a document used by the county]].

1956 “Certificate of Live Birth” Bozeman, Montana (Tim) Upper left corner, under form number: FEDERAL SECURITY AGENCY PUBLIC HEALTH SERVICES. Physician’s name typed on signature line.

1956 NOTIFICATION OF BIRTH REGISTRATION (Tim) “received by the State BOARD OF HEALTH. Hand signed by Benepe, special Agent, US Public Health Services. [[scant info on this 1956 registration; this is the document that generates the account party obligation to the U.S.]].

1958 Marriage license and Certificate for Kergen/Atkins; Park County. Marriage License: To Any Person Authorized to Solemnize Marriages, Greetings [[Old English font (O.E.) used on this line and opening line of many other documents; the style sets language, origin of law and arguably- allegiance to England; Old English c500- c1100, Middle English c1100-c1500, Modern c1500-present]]. You are hereby authorized to join in lawful wedlock and celebrate within this County the rites and ceremonies of Marriage between...[[please note the upper case ‘M’ on Marriage. This is a specific noun meaning ‘a certain kind of marriage’.]]

1928 Webster dictionary- wedlock (wed lok) n. [ME wed lok, wedlac, AS wed lac . A pledge, betrothal; wedd, a pledge + lac a gift, an offering and probably also play, Icel liekir sport. cf AS lacan to play, sport, -likir, -likie, forming abstract nouns, Goth laiks dance. See wed, n; cf LAKE v.i.] 1. The ceremony, or the state, of marriage; matrimony. Chaucer 2. A wife, a married woman.

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O’Pinion. Antennas up!!! M.E.= Middle English period 1100 to 1500 or so. The history of this word does not match the 1928 definition. How did we get from (1)’ a pledge of a gift’ and (2) ‘to play’ to:

{1} Ceremony, state of marriage and {2} a wife?

And in the continuing theme of a changing definition, how did we from a ceremony, state of marriage to a marriage, of state ceremony?

Does the modern definition of ‘wedlock’ ignore the Anglo- Saxon definition meaning ‘play’? Maybe not.

A ceremony signifying the beginning of a marriage is not the actual marriage. It is a ceremony acting or representing another, a play in the character of a marriage, and it expires on the same day it began.

1928 Webster dictionary ceremony through ceremonial, ceremonious etc. A very long definition of these words, O’Pinion summary here: cere = wax + mony = money; the concept is pure symbolism. An offer of wax money is ceremonial. The Queen is a ceremonial leader of England (bad example, yes). Definition #2 of ceremony from Webster (1928) says “observant of forms”.

Wedlock is a ceremony observing the marriage covenant, but is certainly not a marriage covenant. Wedlock is a theatrical performance of imitation, a ceremony pretending to be a marriage. The ceremony is licensed by the State and the ceremony certificate is evidence of a contract.

1992 Webster dictionary on wedlock: “ n. (rhet) . The state of being married born in (out of) wedlock having parents legally (not legally) married. [O.E. wedlac].”

When I see this 1992 definition of wedlock, I sense deception at its worst. Between 1929 and 1992 Webster seems to have disposed of the ancient definition (pledge + gift) in favor of twisted ‘state of’ definition above.

There is no comma between “married” and “born in (out of) wedlock” making this one weird sentence. This is ‘constructive notice’ on the part of the State, begging for my inquiry.

The “state of being married born in wedlac”? What does this tortured sentence mean, anyway?

The 1958 marriage form discussed here uses the word “wedlock”, “celebrate” and “ceremony”:

Wedlock is the ‘state of’ being married.

Organized church groups recognize a marriage ‘covenant’ as being ‘a life-time commitment of marriage between a man and a woman’.

Wedlock is ceremonial only and ends when the ceremony ends.

Compare the expiration of wedlock to the concept of a lifetime marriage covenant (KJV Holy Bible 1:Cor 7:10 v39): A marriage covenant begins with a celebration and lasts ‘until death do they part’. There are only two exceptions to the ‘until death do they part’ provision- fraud and adultery.

Yet exceptions and permits are the heart of the ‘state of marriage’ contract. Statue law devotes many pages to exceptions and permissions granted by the State.

The ‘state of marriage’ phrase indicates a fiction, i.e., something that is made up to represent something else.

What is a fiction? The land of Montana or the ‘state of’ Montana? Which one is real and which one is created, in someone’s imagination?

The land between the Bitterroot and Yellowstone rivers was called ‘Montana’ in 1864.

In 1889 some people in Helena created a corporation that they call ‘the State of Montana’.

Question #1. Where do you sleep- on land or in the State of?

Question #2. What law are you under- common law, church law or State law?

Question #3. Can you be under State law and still be a free man?

O’Pinion. The covenant of marriage is not under the jurisdiction of the state and never can be. Instead, the idea of a common-law or church covenant has been lost to history, and now replaced by the State marriage contract]]

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1958 marriage certificate Kergen/Atkins: Clergyman Edw. A. Syms affixes his name to the certificate by typewriter. Syms certifies the “lawful wedlock” Kergen/Atkins. Clerk Brooking’s name is typewritten on the certificate, deputy clerk “Skilliman” signed the document. Both documents (license & certificate) appear on the same page but are separated by line; the only control number is at top right.

1961 CERTIFICATE OF DEATH. Duplicate for Clerk and Recorder (hubby CH Wells); registrars typed name “C.W.Hammer, MD by Margaret Cousins”; no mention of COMMERCE, and no hand signed signatures. [[this is the Duplicate for the county- the death registration statistics are filed with the State]].

1961. President Obama’s long form CERTIFICATE OF LIVE BIRTH (copy issued 2011) was “accepted” 4 days after his birth in 1961. The names BARACK HUSSEIN OBAMA II, BARACK HUSSEIN OBAMA and STANLEY ANN DURHAM are printed in all capital letters; all other names, places and words on the optional lines are mixed letter case. Details such as parent information details and exact hospital location are provided. The doctor and the attendant sign the form by hand. [[This is probably the most studied birth certificate in history. Birth notices in two Hawaii newspapers have verified this birth.]]

Obama’s short form certificate is called CERTIFICATION OF LIVE BIRTH. Please notice the new word ‘CERTIFICATION’.

1984 CERTIFICATION OF VITAL RECORD- GALLATIN COUNTY; CLERK AND RECORDER; CERTIFICATE OF DEATH (copy issued 2004- Viola); three hand signatures: the MD, the local registrar and the person in charge of “Disposition”. [[no indication of state or federal control on this document]].

2014 CERTIFCATE OF TITLE (for 2013 Lexus car). The vehicle identification box contains the usual information such as vehicle numbers, odometer etc. Under the “Transfer Reason” query we find:

“Cancel-Voluntary Transfer” [[why is it again necessary to insert the word ‘Voluntary’? Is this word evidence of your consent to the filing and constructive notice of the lien?]]

This 2014 Lexus title has a lien from “Largent Capital” of California. The company name and address are typed onto the face of the title in the owner box, but are further separated by the lien box.

Inside the lien box we find: “The vehicle/vessel may be subject to other liens or security interests”.

The perpetrators of this fraud might get away with this sentence on a car title with the lien box empty of the lien holder’s name. But here we have a named lien holder- Largent Capital- AND words saying there may be another lien. If there are two liens on this Lexus car- who holds the second lien? See 61-3-103 below.

2015 Montana Vehicle Registration “Renewal Cust Nbr” [[registration receipt 2008 Honda]]. In the ‘lined off’ section in the middle of this receipt we find the following: “Owners/Lessors”.

The words are written above the name and address of the [[equitable]].owner.

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What is a “lessor”? Black’s dictionary-Lessor- he who grants a lease; a person who transfers the right to possession and use of goods under a lease; includes a sublessor.

Black’s- Sublease. (2nd def.) = A lease of goods a right to possession and the use of which was acquired by the lessor as a lessee under an existing lease UCC 2A-103(1)(w).

When I see twisted sentences like this one my antennas go way up. A lessor “includes a sublessor”, who is actually a lessee, meaning he is renting the car from the lessor/grantor. This is stupid.

Why is ‘lessor’ included with ‘owner’ on the registration receipt form?

If John Smith is listed as the “Owners/Lessors” on the 2008 Honda, is he the owner, lessor, grantor, grantee, sublessor or lessee? Why is this made so confusing?

The [[equitable]] owner- John Smith- is the person that has possession of the Honda and the privilege of its use; the lessor [[State Motor Vehicle Dept.]].“grants a lease”[[permission to use the State’s Honda]] and the lessor’s “right to possession” [[equitable ownership]] comes from his status as “lessee”[[lessee and lessor seem to be the same word]].under the sublease doctrine of 61-3-103(3) [effective 2000].

O’Pinion: The confusion here is deliberate. The State of Montana is the legal owner of the 2008 Honda car. John Smith is the equitable owner, enjoying the privilege of its possession and use. He must pay all duties and fees and follow all the State rules.

The State will allow Smith to sell his privilege to use and hold this Honda, but the State will never give up its legal ownership of the car.

The State uses paper documents to track and tax its citizens, and to deceive them. By the common definition of the word ‘owner’, the citizen believes he owns the car in full, legally and lawfully.

Smith is in disbelief when he sees the definition of the term ‘equitable owner’, and when he finds out that the State government is laying a debt upon his back through the concept of ‘intergenerational accounting’.

Smith is also shocked to find that the district court can take away ‘his’ license plates and even take away ‘his’ Honda. How is that possible if John Smith is the legal owner of the car?

John Smith is not the legal owner of any property registered with the State. He is the equitable owner, only. When Smith voluntarily registers his Honda, constructive notice is taken; a lien is placed upon the transaction. BACK to Top

Chapter 3. THE MARRIAGE CONTRACT & TRUST- Miscegenation and Subjugation by License.

Marriage license. Blacks Law Dictionary 6th Ed.(1990) P973 Marriage license. A license or permission granted by public authority to persons who intend to intermarry, usually addressed to the minister or magistrate who is to perform the ceremony, or, in general terms, to anyone authorized to solemnize marriages. By statute in most jurisdictions, it is made an essential prerequisite to the lawful solemnization of the marriage.

Marriage promise. Betrothal; engagement to intermarry with another.

P1392 Solemnization. To enter marriage publicly before witnesses in contrast to clandestine or common law marriages.

Solemnize. To enter marriage publicly before witnesses in contrast to clandestine or common law marriages.

P815 Intermarry. See Miscegenation.

P999 Miscegenation. Mixture of races. Term formerly applied to marriage between persons of different races. Statutes prohibiting marriage between persons of different races have been held to be invalid as contrary to equal protection clause of the Constitution. Loving v Virginia, 388 U.S. 1, 87 S Ct. 1817, 18. L.Ed.2d 1010.

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Montana Supreme Court case Story v Black, year1883, [[PDF doc page 40/665]]. Nelson Story and Leander Black are early settlers in southwest Montana. They became the founders of the town of Bozeman. Both were bankers and owned considerable property in Gallatin county. This is the divorce case of Rosa Black & Madison M. Black, appealed to the State Supreme Court.

The phrase ‘intermarriage of Rosa Black & Madison M. Black’ is used in a pleading in the appeal. Rosa Black & Madison M. Black are Caucasians. Both signed the documents with their lawyers looking on.

I have seen other divorce papers that refer to the “intermarriage” of two Caucasians. One was in California 1953, another from Oregon. I have photographs of these people, and all parties were Caucasians.

O’Pinion. Prior to American Civil War, the marriage of people from different races was unlawful. After the war, the new American government began issuing licenses that allowed race mixing. Were the Negro peoples of 1865 in favor of marrying White people?

Not hardly!

But they were in favor of signing documents of citizenship, even though they could not read or write. Negroes were trading slavery for ‘freedom’, or so they believed. I would do the same.

My ancestors have been married since the invention of marriage, or so the story goes. My ancestors did not ask the government for permission to be married until 1906. After that, the State of Montana licensed all of them. There may have been licenses prior to 1900, but after extensive research, I have not located any such documents for my ancestors.

I have located marriage registrations for other people from the 1880s in Indiana and Illinois, and one from Ohio in the 1840s. The registration of some marriage documents has been going on since before the Civil War, but barely, according to my research in genealogy. Register - as a verb- means to enroll.

Marriage licensing was initiated after the Civil War and became widespread in the 20th century

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Marriage under Montana statute law.

There are three documents needed for statutory marriage contract in Montana: the license application; the certificate of ceremony and the registration of the completed license.

A marriage license is a contract requiring certain applicants to give personal information to the state and to get certification that a marriage ceremony has taken place, according to statute law.

The marriage certificate process is an authorized official performing a public ceremony of solemnization and then certifying that the ceremony occurred according to statute law.

If the applicants to the license do not complete the solemnization ceremony, a second method of public acknowledgement is offered by statute. The applicants may utilize a ‘declaration of marriage’ document (40-1-311, 1997 MCA) before a notary public, instead of a ceremony of solemnization before a clergyman or judge, and witnesses.

When the license and certificate or declaration are complete, the district court then notifies the State that the marriage license is on file (40-1-103 etc). You now have a registered contract between the marriage license applicants and the State.

The marriage contract registration is similar to the automobile certificate application and registration. Both contracts require the applicant to seek a certificate and then register the certificate.

Birth and death certificates are also registered with the State as a contract between the local registrar and the state registrar. Both State and county sell certified copies of these records to anyone.

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Applicant signatures on the marriage certificate validate the whole package as a contract. The signature on the marriage certificate binds the applicant to the State, as long as the applicant parties have given their consent.

O’Pinion. The State wouldn’t dare claim that these parties are incompetent beneficiaries of some trust, at least not out loud. But they do make that claim, tucked away in statute law. The “husband and wife” contract is placed in a trust. See below.

The children of the marriage observe the document trail as they mature, and join the Trust as soon as possible.

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Marriage contract by statute.

Step 1. An applicant may obtain a license application ($30- 1997) from the district court clerk (40-1-201 1997 MCA); All parties must be 18 years or older (40-1-202); age proven by birth certificate or “satisfactory evidence”. The woman must submit evidence of completing serological test (venereal disease) presented to “the other party” (40-1-203). Both parties must take blood test and submit medical certificate to the district court. Once completed, the court may issue a marriage certificate form and the form completed is evidence of solemnization recognized by the public. The applicants have 6 months to complete the certificate and return to district court (40-1-212).

Step 2. Applicants take the marriage certificate form to the justice of the peace, the authorized clergy or the mayor to perform the marriage ceremony (solemnization) in public. Parties attend the ceremony and can sign the certificate, but one of the applicants may appear by writing or by another person (40-1-301). If solemnization is not completed, applicants may utilize ‘declaration of marriage’ writing (40-1-311).

Step 3. Upon receiving completed certificate, the district court shall register the marriage (40-1-321). History: Bannack statutes 1865. “original certificate of marriage”/copy presumptive evidence of contract.”

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[* Subjugation- Marriage contract by proxy and constructive trust. *]

O’Pinion. The elite rulers of Montana believe they have an inherited right to control the ceremony and performance of your marriage. If you buy into this theory, the rulers accept your purchase, and from then on control your marriage by judicial proxy: “The district court shall authorize performance of a marriage by proxy upon the showing required by the provisions on solemnization.” 1997 MCA 40-1-213.

The applicants are assumed to be competent in law and giving knowledgeable consent (28-2-301), or their “subsequent consent” (28-2-304).

The applicant(s) sign the application, pay the fees and follow the rules. If the applicant consent is free and knowledgeable, this offer and acceptance is a legitimate contract.

Such adherence to a marriage contract under State statutes is evidence that the applicants are the PERSONS named on the contract, or their human representatives.

When the State registers the completed marriage license, the contract falls under trust law, as seen below.

1997 MCA Title 40- Family law. CHAPTER 2 HUSBAND AND WIFE.

Part 1 Joint interest, Obligations and Powers

Part 2 Individual Property

Part 3. Power of Married Persons to Contract

40-2-301 Husband and wife may contract. Either husband or wife may enter into any engagement or transaction with the other or any other person respecting property which either might, if unmarried, subject in transactions between themselves to the general rules which control the actions of persons occupying confidential relations with each other, as defined by the provisions of this code relative to trusts. History En Sec 214, Civ. C. 1895 re-en 1907, 1921, 1947. Cross ref. Trust code title 72, Ch. 33-36.

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Trust law in the 1997 Montana Code

Title 72 Chapter 30 MANAGEMENT OF INSTITUTIONAL FUNDS

72-Chapter 31 MISCELLANEOUS FIDUCIARY

72 Chapter 32 RESERVED

72-Chapter 33. TRUST CODE GENERAL PROVISIONS.

72-Chapter 34. TRUST ADMINISTRATION

72-Chapter 35. JUDICIAL PROCEEDINGS CONCERNING TRUSTS

72-Chapter 36. RIGHTS OF THIRD PERSONS

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Title 72 Chapter 30 MANAGEMENT OF INSTITUTIONAL FUNDS. (educational, religious, charitable, or other eleemosynary purposes or a government organization to the extent that it holds funds exclusively for any of these purposes. [[What government organization holds funds exclusively for an eleemosynary purpose? Would the social security program fit this definition?]].

72-30-102 Gift is will, deed, grant, conveyance, agreement, or other governing document under which property is transferred. [[Is a car title a ‘gift’?]].

72-30-103 Uniformity of construction among those states that enact it. [[Shows federal supremacy]].

72-31-223 construction of powers generally (power of atty.)

72-31-238 Uniformity “among states enacting it” (fiduciary attorney). [[Shows federal supremacy]].

72-33-104 Nothing in Ch. 33-36 affects the law relating to constructive or resulting trusts. History 1989.

72-33-108 Trust can be private or charitable; also express trust “created or determined by judgement or decree”, Beneficiary is person with vested or contingent interest; trustee is the person holding the property in trust; trustor is the person who creates the trust. A ‘person’ is individual, corporation, organization or other legal entity. History 1989 [[notice the exclusion of ‘natural person’. The person here is a corporation only. A judgement or decree is a declaration, sentence or order from the court and “determining the rights of the parties”, a “judgement is merely a contract acknowledged in open court”. Black’s 6th on Decree and Judgement. (FRCP 54a) and confession of judgement Black’s 6thP842 (Judgement): confessed action with or w/o plea is a decree, and “voluntary submission to the court’s jurisdiction” is a decree. [[Voluntary submission to the court is a contract, therefore a decree and a trust; such applicant party becomes a trust party (beneficiary or benefactor); the State is the trustee/administrator]]

72-33-208 Trust not valid unless any one of three: (1) signed by trustee; (2) signed by trustor, (3) by operation of law.

72-33-219 Constructive trust. A constructive trust arises when a person holding title to property is subject to an equitable duty to convey it to another on the ground that the person holding title would be unjustly enriched if he were permitted to retain it. History 1989.

72-33-220 Constructive trusts that arise by operation of law are valid.

72-33-08(4) a trust not expressed is constructive and resulting.

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O’Pinion. ANTENNAS UP, WAY UP! PERISCOPE UP! This is the core of Tyranny. A ceremonial marriage is controlled by judicial proxy; the contract is placed in a national trust that most people have never heard of. Read on.

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Black’s Law Dictionary 6th Ed (1990) P314. Constructive trust. Trusts created by operation of law against one who by actual or constructive fraud, by duress or abuse of confidence, or by commission of wrong, or by any form of unconscionable conduct, or other questionable means, has obtained or holds legal title, to property which he should not, in equity and good conscious, hold and enjoy. Davis v. Howard 19 Or. App 310, 527 P2d 422, 424.

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O’Pinion. It took me many years to comprehend the above concept. What does all that mean?

Trusts created by statutes (etc) against one who by constructive fraud, commission of wrong, or by any form of bad conduct, has obtained or holds LEGAL title to property which he should not, in good conscious, hold and enjoy.

The first question here is: what sort of trust is created against someone that commits a wrong? I thought trusts were created for the ‘trustor’ (benefactor) and for the beneficiary. What party has ‘a trust’ created against him?

Perhaps a traffic ticket would fit this definition. The State holds legal title to a 1957 Chevrolet convertible. John Q Smith- as the equitable owner- gets a speeding ticket. He signed his name to the ticket and paid the fine with a personal check.

The State responds by taking action against Smith. The State records the fine payment, “construing” that record to be constructive notice of lien.

The speeding ticket payment satisfies the ‘wrong doing’ correction, and the State records are passed along to a subdivision “or any other state or federal agency”. 1997 MCA 61-11-102(3), (6); 61-11-105 (2), (3).

The 1957 car title has a secondary ‘notice of lien’ on its face, in the words “other security interests”. The secondary lien is in place no matter what name is printed in the lien box, or not printed.

Anyone with competent interests in the 1957 Chevrolet has the “duty” of inquiring into the conditions of the contract. Failure to inquire puts such person into the ‘incompetent beneficiary’ status, or the status of acquiescence. Being so, the State takes constructive notice of such status and lien.

Could the same hold true for a marriage contract? The husband and wife do not inquire into the conditions of the contract or complain about its terms and conditions. They sign the certificate anyway without reading the fine print. How should the State view this husband and wife?

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1895 Civil Code [[PDF 551/1414]].Sec. 214. Either husband or wife may enter into any engagement or transaction with the other or any other person respecting property which either might, if unmarried, subject in transactions between themselves to the general rules which control the actions of persons occupying confidential relations with each other, as defined by the Title on Trusts.

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O’Pinion. Very odd statute (cited by 1997 40-2-301above “marriage…code relative to trusts. History En Sec 214,”

The husband and wife do not have to be married to each other; the proxy contract falls under Trust law here, way back at the very beginning of statehood.

Placing a ‘husband and wife’ contract under a hidden trust law should alert the reader here. When the applicants to a marriage license sign on the dotted line, did they know they would be husbands and wives enrolling in a trust?

A trust is created by voluntary contract and also by a judgement of the court 1997 MCA 72-33-108. Any voluntary pleading or application to any office or court is a judgement and is entered on the judgement roll; The trust and lien are then in place.

The district court judge appears to be the Administer of the marriage trust

1895Civil Code. Marriage Art II Sec 72 [[543/1414]] marriage license must be obtained from district court. Sec. 72 Act approved March 14th, 1895.

Sec. 74. When application shall be made for a license to the clerk of the District Court, he shall upon granting of such license state the christian and surnames of the fathers of both parties; the christian and maiden names of the mothers of both parties; the christian and surnames of both parties; the residence of both parties, their places of birth, their respective ages, their color, whether previously married or divorced, which license shall prior to the issuing thereof be entered of record in the office of the clerk of the District Court. (Sec. 74 Act approved March 14, 1895).

Sec.75. If on such testimony being given it shall appear that either of the parties is legally incompetent to enter such a contract, or that there is any impediment in the way. Or if either party has been divorced and the time mentioned in Section 146 has not lapsed, the said county clerk shall refuse to grant a license.

[[FRAUD ALERT! Section 75 refers to the district court clerk, not “said county clerk”. If the district court clerk noticed that the applicants are both Caucasians, it was his duty to refuse the license.

Instead, the statute instructs the county clerk to refuse the license. How can the county clerk comply, when he does not possess or control the district court application? And why does the district court ask about “color” on its application for license?

This is fraud before your feet. The common law and church laws both hold that interracial marriage is forbidden. The elite rulers don’t care what color their subjects are, or who they marry, so long as the applicants pledge to be loyal citizens

Court documents use the word ‘intermarry’ instead of ‘marry’. That alone is constructive notice, begging for your inquiry.

This 1895 ‘duty to refuse’ statute is so deceptive that it was buried in the old books, never to be cited again. The statute was written ‘fresh’ in 1963, and with the glaring deceptions removed.

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Sec. 77. District Court supplies license for minister/JP, minister/JP certifies ceremony, returns both to District Court. Court records certificate.

Sec. 78 certificate form “join in lawful wedlock”.

Sec. 84 fines paid under this Article to county treasurer for use of common schools. [[Oh! Now we feel better about our miscegenation.]]

Sec 85, 86, 87 Declaration of marriage in place of solemnization, registered with district court.

1895 Marriage. Article I Nullity [[545/1414]] long list of causes.

O’Pinion. Race mixing is not shown in the long list of reasons to nullify a marriage in the 1895 code. The official application form asks for race information about the husband and wife, yet the code fails to specify the law of race mixing. If race mixing is legal in 1895, why would the district court ask for race information from the parties?

What we are seeing here is the gradual takeover of marriage in general, by the legislature and the district court. Here the district court is requiring applications for license, issuing the license and charging the county clerk with refusing “acts of licentiousness”. Change the words, change the statutes, and change the law. Public opinion will follow.

The county court and the county grand jury ended with statehood. The county clerk was given the power to record marriages, and then that power was removed to the district court. The district court has overpowered the county clerk in the matter of recording marriage.

Miscegenation was certainly against the common law in Montana in 1889, and the Constitution of Montana of that year forbade any licentious behavior.

The new federal government that was created after the Civil War had an uncommon view of race mixing. The new attitude was simply this: race mixing may be unlawful, but if we license it, you will have to accept our authority no matter what state you live in, and the marriage license will be accepted as a legal contract.

The Code of 1895, only six years later, added to the concept by licensing same race marriage applicants, and forbidding mixed race marriages. The federal government has deceived us twice on this one, through their vassal ‘states’ and district courts.

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1879 Territory of Montana statutes. RSM [[Index PDF page 1027/1047]]. There is no mention of marriage in the 1879 Revised Statutes of Montana territory. The territorial district or supreme court had no such jurisdiction.

However, the common law “miner’s court” had jurisdiction in all matters of law and equity, including, but not limited to, marriage disputes.

If a man had a dispute in a mining claim, he could approach the” miner’s court” of common law. If the suitor was not satisfied with its verdict, he could abandon his common law justice and approach the district court of chancery.

If chancery was chosen, the suitors own custom followed him into the court, as seen in Sec 363, 1879, being the law until statehood:

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1879 Sec 363 Pol code P9 [136/1047 proof of common law!] In actions respecting mining claims, proof must be admitted of the customs, usages, or regulations established and in force at the bar or diggings embracing such claim; and such customs, usages or regulations, when not in conflict with the laws of this Territory, must govern the decision of the action.

Sec. 78 Any civil action is a voluntary appearance with jurisdiction granted [[79/1047]].

O’Pinion. The District Court here is acting as an appeal court from the local miner’s court. Another name for the miner’s court is ‘the county court’- referred to in constitutions and statutes. The county court is not under federal law; it is under local law.

When miner’s or other suitors approached the federal district court, they lost their standing in law, but gained standing as a citizen in federal equity courts.

The federal district court had no jurisdiction in law prior to this switcheroo. But every time some miner or divorce suitor approached the federal courts, that court took one step closer to taking jurisdiction in matters of criminal law

 

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1997 MCA 40-2-102. Mutual obligations of husband and wife. Husband and wife “contract toward each “other obligations of mutual respect, fidelity, and support. History 1895.

O’Pinion. Several pages explaining all the obligations, hubby and wife are “joint tenants”, i.e., renters on the king’s realm, under the king’s law. Be nice to your wife, take the garbage out now and then, and split the children in half when the divorce is authorized.

Marriage summary. The union of a man and a woman, by custom, has been witnessed by four: the neighbors of the county, two adult witnesses or more; the couple’s family, and the families’ Higher Power.

Western Europeans allowed the organized churches of Europe to oversee the ceremony of marriage; and to give counsel to the applicants for the duration of the marriage.

The ‘church-assisted marriage’ concept was removed from the New World colonies, at the time when the English governors became the American governors. The ‘state of’ concept would replace the church for ceremonies and counseling. The STATE OF, by way of its district court of chancery, notices the application for marriage license, and accepts and registers the trust contract with the one and only sovereign. The now ‘licensed’ miscegenation is controlled by a written or implied lien and administered by the district court. In this type of trust, the married couple- as beneficiaries- have no control of the conditions or terms of the trust.

The married couple is also the trustor, they are the creators of the trust. As trustor, the couple has the duty of providing the value or the duty of performance implied in the contract.

The church-assisted marriage was by our open consent, and voluntary.

The chancery-assisted marriage is by our implied consent, and mandatory. BACK to Top

Chapter 4 BIRTH CERTIFICATE. You’re not a PERSON until you get one.

No one in your family signs any birth certificate. The certificate is created and owned by the State registrar of public records.

A birth certificate is a record of a statistic. Statistics are used to track citizens and to provide evidence of the citizen’s ability to generate revenue.

Statistics are used for another purpose as well. The State registrar assembles the information and sells a copy of it to anyone. The copy is used for any purpose the applicant wishes.

Perhaps the applicant wishes to prove he is a citizen of some state. Perhaps he wishes to prove his age, in order to get some license and/or privilege.

Or perhaps the citizen wants to provide evidence that he is the son of a parent that has died, and wants to be named as the inheritor of property.

A birth certificate has a third purpose. Most citizens retrieve a copy of a birth certificate and submit that copy as evidence of something. Submitting a state document creates a contract with that state. If the applicant notifies the state that he is the PERSON named on the document, the state will accept the filing, binding both parties to the contract.

The applicant submits a birth certificate as evidence of something and then signs his name representing the PERSON named on the certificate.

Sir, do you represent the person named on the certificate?

Yes I do ma’am.

Then sign here please

Black’s Law dictionary 6th Ed. P1301. Represent. To appear in the character of; personate; to exhibit; to expose before the eyes. To represent a thing is to produce it publicly. To represent a person is to stand in his place; to speak or act with authority on behalf of such person; to supply his place; to act as his substitute or agent. See Agent; Power of appointment; Representative.

P1144 Personate. To assume the person (character) of another, without his consent or knowledge in order to deceive others, and, in such feigned character, to fraudulently do some act or gain some advantage, to the harm or prejudice of the person counterfeited. To pass one’s self off as another having a certain identity. Lane v US. C.C.A. Ohio, 17 F2d 923. See also Impersonation

P754 Impersonation. False impersonation is representing oneself to be a public officer or employee or a person licensed to practice or engage in any profession or vocation for which a license is required by state law with knowledge that such representation is false. The act of pretending or representing oneself to be another, commonly a crime if the other is a public official or police officer. People v Vaughn 196 Cal.App.2d 622. 16 Cal Rptr 711 See 18 USCA sec 911 et seq. See also Personate.

Black’s 6th Ed. (1990) Personate. To assume the person (character) or another, without his consent or knowledge, in order to deceive others, and, in such feigned character, to fraudulently do some act or gain some advantage, to harm or prejudice of the person counterfeited. To pass one’s self off as another having a certain identity. Lane v U.S. C.C.A. Ohio 17 F (2d) 923.

Black’s 3rd Ed., (1933) PERSONATE. In criminal law. To assume the person (character) or another, without his consent or knowledge, in order to deceive others, and, in such feigned character, to fraudulently do some act or gain some advantage, to harm or prejudice of the person counterfeited. See 2 East P.C. 1010. To pass one’s self off as another having a certain identity. Lane v U.S. (C.C.A.) 17 F (2d) 923.

Black’s 3rd and 6th editions have two definitions for ‘personate’. The first definition for ‘personate’ concerns fraud and/or harm (a crime). The second definition of ‘personate’ concerns taking on the identity of another, but says nothing about fraud or harm. Personate 1 is a crime; Personate 2 is not a crime. Both definitions are about people; neither is about public officials or employees.

Black’s 3rd Ed., (1933) does not define ‘impersonation’.

Black’s 6th Ed. (1990) has one definition for ‘false impersonation’. The definition for ‘false impersonation’ concerns the character of the subject that was falsely represented. The subjects are ‘public officers and employees’. There is nothing criminal described in the definition of ‘false impersonation’.

Black’s 6th Ed. (1990) has one definition for ‘Impersonation’: ‘pretending to be another’ a crime if the subject is public officer’, a crime. Impersonation is a crime.

Black’s dictionary begins its definition of ‘impersonation’ by defining the negative- the “false impersonation” first. This definition is similar to the second definition of ‘personate’ in that neither definition concerns fraud or crime. False impersonation IS NOT A CRIME.

Likewise, the first definition of ‘personate’ is similar to the only definition of ‘impersonation’, in that both definitions are concerned with crime. Personate (1) IS A CRIME

Black’s 8th (2004) does not define the word ‘personate’, but has ‘personation’ on P1181: See IMPERSONATION. [[Black’s 2004 defines ‘personate’ as equal to ‘impersonate’. Does this make any sense?]].

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O’Pinion. What we have here is intricate fraud upon us, by Black’s Law dictionary. The word ‘personate’ was defined until at least 1990, and then it was removed from Black’s law dictionary. Personate is the act of pretending to be someone else.

The word ‘impersonate’ was added to the law dictionary sometime after 1933. Impersonate is the act of pretending to be a public officer. Black’s law dictionary has removed a word from our language and added the im to reverse the meaning. But the meaning remains the same. What is going on here?

Black’s defines impersonation by defining ‘false impersonation’- a double negative. Defining a word by defining it’s double negative (false + im) is downright weird. It is done here to confuse the reader.

False impersonation is not a crime when pretending to be a public official. Who does that benefit? If the CEO of the State OF MONTANA says he is ‘The governor of Montana state’, the CEO is presenting a false impersonation, and this is NOT A CRIME.

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Black’s Law dictionary 6th Ed. P1142 Person. In general usage, a human being (i.e., natural person),

though by statute term may include labor organizations, partnerships, associations, corporations, legal representatives, trustee, trustees in bankruptcy, or receivers. See e.g. National Labor Relations Act sec 2(1) 29 USCA sec 152 Uniform Partnership Act. Scope and delineation of term is necessary for determining those to whom Fourteenth Amendment of Constitution affords protection since the Amendment expressly applies to “person”. [[There are 14 category definitions under Person including:]]. Corporation. A corporation is a “person” within meaning of Fourteenth Amendment equal protection and due process provisions of United States Constitution. Metropolitan Life Ins. Co v Ward, Ala 470 U.S. 869 105 S.Ct. 1676, [[etc]]. The term “person” in statute relating to conspiracy to commit offense against United States, or to defraud United States, or any agency, includes corporation. Alamo Fence Co, [[etc]]. In corporate law, “person” includes individual and entity. Rev. Model Bus Corp Act sec 1.40.

Amendment XIV. [[In part]]*The Fourteenth Amendment was ratified July 9, 1868. Section 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress…[[The 14th Amendment is the most contested amendment of all 27; much is written about the 14th amendment; some writers indicating that the 14th amendment concerns corporations ONLY. The human being signing the contract is the representative of the corporation with a similar name to his own name: SMITH, WILLIAM D- a corporation, by William David Smith-it’s human agent]].

Fraud in a dictionary. Black’s dictionary is generally circular in its definitions. One word leads to three others and they circle back to any answer you need. You must know how to cite case law to prove your point, no matter what your point might be.

Is a person a corporation? Yes, and its also a human being in a contract. Some higher authority gently leads each one of us into the public trust contract. We become citizen beneficiaries willing to contract with these governments through commerce; or we become the incompetent beneficiaries of the public wealth, willing to trade self-control and self-honor for benefits that we do not deserve.

The sad fact is that each of us knows the truth. The contracts are conceived in fraud, but agreed to by formerly honest people. Those that acquiesce have no complaint. Is this mua?

Did I accidentally sign onto a contract with a government that I knew was corrupt? At the time, I knew naught.

When I turned 15 my boss asked me to get a social security card. I signed the application and my boss sent it to the federal government. But I didn’t work for the federal government; I worked for a gas station. I was confused, but happy that I was old enough to get an SS card, a ham radio license and a driver’s license, and all those brings.

Everybody knows that when you get a driver’s license, they throw in a Chevy two-door hardtop with mag wheels, all for $16. I was still inside the family womb at 15 years of age.

Back in those days none of us knew that cardholders were agents of some corporation; and that all corporations were PERSONS. Asked if I was a person employed within the United States, I said ‘yep’. When my first ‘legal’ paycheck arrived, I noticed money missing.

What the hell is this, Joe?

Joe smiled…. That’s taxes, sonny boy.

After that first contract, I received several other licenses by my consent. I didn’t like licenses, but I complied, because I wanted the bennys. If I had been told I was a corporation agent then, I would have investigated. But I did not know about this fiduciary ‘standing in his place’ crap, until lately.

Now I stand on my land. I am a living man. I am unattained and competent in law. I AM NOT A CORPORATION OR ITS REPRESENTATIVE OR ITS AGENT!

My consent to a false contract is not consent at all. It is fraud, on the part of the government and Black’s law dictionary. Shame upon ALL OF YOU!

A birth certificate copy is accepted by all government agencies as evidence of some event. The nature of the event is irrelevant to the main reason for the certificates: CONTRACTUAL NEXUS.

The government itself benefits by luring young people into a series of contracts before the young people get a chance to comprehend the contracts. The fraud starts from the first application signed by the applicant and ends when you quit signing them, and quit paying.

The government doesn’t see any fraud when a 15-year old signs an apparent lifetime contract. In fact, they say everyone is invited to ‘sign here, please’.

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Birth Documents

There are four documents connected someone’s birth: the short form, the original record, the duplicate and the registration.

Short form. Any ambiguous request for a birth certificate copy will yield the ‘short-form’ birth certificate. The short form document has scant information and is generated at the time of the request.

Original. 1947 RCM 69-507 to 69-531. State appointed local registrars (district) to secure information and file certificate. Doctor or parents can volunteer to sign, but not mandatory. The “original” certificate is sent to the State registrar, “duplicate copies” filed with county clerk and recorder (69-531). The State or county will sell a copy to anyone.

Duplicate. The State registrar then generates a second document for the county files, called the “Duplicate for the Clerk and Recorder”. The Duplicate has detailed information on a form similar to the Original, but is clearly not “the same impression as the original”, and does not “exactly resemble” the Original. The Duplicate is not a copy of the Original. It is not hand-signed by the doctor, but another person types his name on the signature line. There are several other differences.

There is no legitimate reason for the discrepancies between the Duplicate and the Original, unless the entities are doubling their claim of ‘security interest’ with two tickets for the account created in a name similar to the name of the newborn.

Registration. The local registrar notifies the State registrar of the birth certificate. The State then notifies the US Bureau of Vital Statistics of the birth (69-524), making a third document called ‘registration of birth’. The registration Notice is stored in Helena and is available for copy. The Notice is transmitted to the US Bureau of Vital Statistics and somehow, the US Department of Commerce puts its stamp on certain birth documents.

Does the U.S. Department of Commerce have a “security interest” in these birth statistics?

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There are many reasons for obtaining a copy of a birth document: genealogy; proving age, proving parentage and birth location; proving you are a citizen by birth and even proving you were born alive. Submitting a birth certificate to some government agency to gain a benefit binds the submitter to the contract. See MCA 30-1-201 (39), 30-1-203. U.C.C. 3-419, etc ©. BACK to Top

Chapter 5.DEATH CERTIFICATE & PROBATE COURT. Starting around 1921in Montana, a body needed three documents to find a final resting-place, if he wanted a headstone: a certificate of death, a certificate of cause of death and a burial permit.

The undertaker will assist the government by generating the death certificate. The medical attendant or coroner adds his ‘cause of death’ endorsement and the local registrar will combine the documents for registration with the State. The local registrar issues the burial permit.

The State will transmit a notice of the death to the U.S. Bureau of Vital Statistics. The Bureau is under the Department of Commerce, which is a Cabinet department under the President of the U.S. See 1947 RCM 69-524(5) above.

The dead man’s PERSONAL account is still “movable”, but his body is finally at rest. See chattel, below

The following statutes show that the State- as trustee- protects his estate, as they did for his PERSONAL account as the beneficiary of the public trust.

The State wants to continue the document trail for the myriad of contracts that the dead man may have entered and not yet extinguished, and the U.S. wants an inventory of all its vital statistics within its states.

The State has appointed itself as supervisor for the death documents, and appointed local undertakers to handle the body and local registrars to receive and file the documents. The undertaker is the person that undertakes control of the body and composes and files the death certificate.

While the State does not want the dead vessel, it demands control of the documents, which are still movable. The dead man’s vessel may now be ‘keeled over’ and run-aground, but his account documents are still alive in the sea of commerce.

Death documents are described in State statute codes starting in 1895.

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Montana Political Code of 1895. Board of Health. Sections 2870 to 2875 [[PDF 312/1414]]. Marriage, Birth, Death. All persons who perform marriage ceremonies must keep registry; all physicians in attendance of birth or death must keep registry; all persons keeping registry must send copy to county clerk; if no physician at birth, parents must make report; county must keep 3 separate registries: Marriage; birth; and death.

1895 Pol. C. Sec. 4412 [[452/1414]]. County clerk to keep index of marriage certificates, marriage contracts, births and deaths. [[As you can see here, the county is in control of the documents in 1895]]

1915 RCM 1287/1295 Index subject VITAL CERTIFICATES [[the word ‘statistics’ does not appear here; the only entry here is:]].“Health officer and local registrar 309”; the word ‘birth’ does not appear in the index; 1243/1295; the words death and certificate do not appear together on page 309 [[there is no mention of birth or death certificates in 1915, and yet the 1921 code cites 1907 as the source of birth and death certificates. Am I missing something here?]].

1921 Pol C. Section 4479 [[1801/2293]]. County clerk to keep index to the register of marriage licenses, index to the register of births and deaths, etc. History En Sec. 4412, Pol C 1895. Re-en Sec 3033 Rev. C. 1907. Cal Pol. C. sec. 4236.

1947 RCM 69-512 Registration of death and stillbirth. Certificate shall be filed with local registrar.

1947 RCM 69-513 Death certificates filed by person in charge of internment. Person in charge obtains info from best-qualified person; presents certificate to physician or coroner for cause of death verification; notifies local registrar. History 1943. [[Why are the code writers not citing Sec 4479 of 1921, above? Is this the ‘state verses county’ debate?]].

1947 code. Title 91 contains the probate sections. RCM 1947 91-4458 (10400.50) List of deaths to be made by registrar of vital statistics—county clerks to receive. The state registrar of vital statistics shall prepare on or before the fifth of January, April, July and October of each year a list of all deaths, together with the date of such death, reported to him during such a period ands shall send a copy of such list to the county clerks of each county of the state. History En Sec. 2, Ch 186 1935. Health key 34 [[in 4479 of 1921 the county keeps the register index; in 4458 of 1947 the State generates the index and sends it to the county]].

1997 Montana Code Annotated. Health and Safety. Vital Statistics. Death. 50-15-403- filing death certificates. Person in charge of dead body obtains information from the body, [including SS number], or from best sources and creates a death certificate. Person in charge presents certificate to physician or coroner for ‘cause of death’ verification to complete death certificate. Person in charge then files certificate with local registrar. History 1967 69-442(2). [[There is little difference between this 1967 statute and 69-513 from 1943, above. The one noticeable difference is the bracketed social security number, similar to 40-1-107. See below. The SS number has to be important, as the code writers are fond of their ancient history citations, and this one is cheated out of 24 years of history]].

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The process of reading statutes is fairly simple, at first. Read the individual title name and then the chapter and subchapter names.

That will indicate what category the rules are under. You will find death certificates in RCM 1947 Title 69, for instance, under Health and then Vital Statistics. This will help when jumping from one code to another. You can search by subject matter or statute number.

You will also find death information in civil procedure titles and in probate chapters.

After reading the statute headings, read the text and the footnotes. All three are guides to interpretation of the statute.

The footnotes are given more weight for interpretation. Footnotes tell the entire history of the legislation, the implementation of the statute, the cross-references, and the amendments to the statute and the associated case law. When a statute has matured, it acquires a solid history that is unlikely to be overturned.

The State claims jurisdiction of dead bodies in the chapter after State Highway laws. Dead bodies are usually ‘transported’ to their final resting-place on State roads. There were no federal roads in Montana until the 1960s.

The word ‘transport’ means ‘to carry or convey’; carriers and conveyances are terms of commerce in statute law.

The history of the ‘transportation of dead bodies’ statute is suspicious. Let’s take a look back.

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Revised Code Montana 1921 Pol C 2456. Rules and regulations for the transportation of dead bodies. The state board of health shall make all needful rules and regulations for the transportation of dead bodies, and all such rules and regulations shall, so far as deemed practicable, be in conformity with similar rules and regulations now in force in other North American states and countries, and to this end they may establish a system of licensing embalmers and undertakers. History En Sec. 26,Ch 110, L. 1907; Sec 1499 Rev. C.1907.

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The text and early history of section 2456- the ‘transport and storage of dead bodies’ statute, in code of 1921(PDF 999/2293) is identical to that of the 1947 code RCM 1947 69-119. The 1947 footnotes add “re-en sec 2456, R.C.M. 1921” to its footnote history. This suspicious statute was first printed in 1921.

There is no “Sec 1499” in Rev. C. of 1907, as cited in 1921. The 1915 supplement fails to print Sec 1499. The Supplement skips over 1498 and 1499 and picks back up at 1500.

The 1915 Supplement to RCM 1907 Pol. C. in HEALTH chapter, section 1497. Expenses of Board of Health [[PDF 264/1295]]. All necessary expenses incurred by any local board of health and the salary of each local health officer, shall be paid from the treasury of the respective city or town, on presentation of an itemized and verified account; and all expenses incurred by a county board of health in the enforce-ment of the provisions of this act, shall be paid from the general fund of the respective counties, on presentation of an itemized and verified account. The city or town shall be liable for all expenses incurred with reference to residents of such city or town, except paupers and the county shall be liable for all expenses incurred with reference to persons who are not residents of such city or town; provided that persons who are merely sojourn-ing in such city or town, or delayed by authorities, or transients therein, or temporarily stopping therein without employment shall not be deemed residents of such city or town. The county shall be liable for all expenses necessarily incurred by any local board of health with respect to any person not a resident of the city or town. No county, city or town shall escape any such liability for such expenses by transporting any person infected with, or known to have been exposed to, any communicable disease to any other county, city or town, or county. [Amendment approved March 8, 1909; Laws 1909 p 164.]

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Wow. That was a long-winded statute. The subject of the previous chapter was ‘Laws of the Roads’ (PDF 246/1295). The subject of this chapter is ‘Health’ and section 1497 is the very first statute (PDF 264/1295). What is the subject of 1497? The section starts with ‘expenses of the local and county board of health for the enforcement of this act’.

The second subject of section 1497 of 1915 is ‘various persons not residents of cities and towns’. Why are these people important to the Board of Health? Is the statute attempting to lay the bill for internment at someone’s feet without mentioning the word ‘death’? Maybe so.

1915 Supplement Section 1497 anticipates the death of the persons named. No entity will pay for paupers’ burial, so they are simply excluded. Drop them in the cheapest Potter’s Field- or in the county Poor Section.

But if the decedent is a resident of the city, then the city pays the tab. No one wants an argument with a decaying body on hand.

My concern is in the last sentence of the statute 1497- “transporting any person infected with”. Certainly transporting and storing dead bodies would fit into this statute somewhere.

The statute is located immediately after the Road laws and Health boards. But the ‘transporting dead bodies’ is not in the language under1497, of the 1915 code. The language should be present near here, if it is organized by subject matter.

In 1921 we find new words under statute 2456 (PDF 999/2293): Rules and regulations for the transportation of dead bodies. The state board of health shall make all needful rules and regulations for the transportation of dead bodies, and all such rules and regulations shall, so far as deemed practicable, be in conformity with similar rules and regulations now in force in other North American states and countries, and to this end they may establish a system of licensing embalmers and undertakers. History En Sec. 26,Ch 110, L. 1907; sec 1499 Rev. C.1907.

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The statute above is all new in 1921, and is not as it says- a re-enacted statute from 1907. If the 1907 statute actually exists, it was not printed in the 1915 version.

Statutes should be clear in meaning and with a history that is easy to trace. Statute 1499 is absent from the 1907/1915 official codebooks, and can not be cited as a source. But it is cited, as seen above.

The ‘transportation of dead bodies’ statute appears to be made up from whole cloth in 1921. Or it was actually written in 1907 as claimed, but never printed until 1921. It should not be difficult for a researcher to locate public law. The legislators or the compilers have committed fraud, once again.

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The 1915 Pol Code index for the word ‘death’ (PDF1251/1295) contains four entries on death in lawsuits; and one entry on “DEATH CERTIFICATE and burial permits 309”.

Page 309 (PDF 318/1295) Heading is ‘Vital Statistics’. Section 1766 Health officer is city or town registrar; justice of the peace is county registrar. “and when it may appear necessary for the convenience of the people of any locality, the state registrar is hereby authorized”.... to appoint one or more suitable persons to act as sub-registrars..authorized to receive certificates and issue permits county or district. [[This is the thrust of tyranny- the State’s takeover of county duties and law]]

Section 1473a Public Ferries and Wharves, etc [[PDF 263/1295]]…(section 2) “The board of county commissioners, in the exercise of the power herein bestowed, may acquire real property, as provided in the Code of Civil P…. [[Shows county power is “bestowed” by State legislature.]]

Section 1766 is blurring jurisdictional boundaries again, putting State over county. The State wants the documents, but not the body.

Section 1770 Death and burial permits [[318/1295]]. O’Pinion summary: Undertaker shall fill out a certificate of death, and present certificate to attending physician for medical certificate of cause of death; undertaker then presents completed certificate to registrar to secure burial or removal permit. Undertaker “shall deliver duplicate burial permit” to person in charge of burial. All facts “stated in accordance with the rules and regulations of the state registrar” [. Amendment approved March 3, 1909; Laws 1909 p 56]

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The last paragraph above is the whole of the law on death certificates in 1915. If a man died in 1915, the undertaker had to get three certificates to bury his body. The certificates become property of the State when they are filed.

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First code 1895; second code revised 1907, Supplement 1915; third code 1921; fourth code 1935. Code number 5 was written in 1947. The 1947 RCM series ran until 1979.

The Montana Code Annotated series was written in 1979 and is the current code for Montana.

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The ‘transportation of dead bodies’ statute was amended in 1963. The 1965 supplement insert in RCM 1947 69-119 reveals the 1963 amendment to 69-119. The amendment dropped the ‘and to this end they may establish a system of licensing embalmers and undertakers’ clause.

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Statutes concerning birth, death and marriage certificates are found in the Public Health and Safety chapter, Vital Statistics subchapter. The State has jurisdiction of its certificates.

O’Pinion. In most cases the State government wants to expand its jurisdiction. But not in the storing of dead bodies. No dead men here- please. The State does not need the body to prove it has an interest in the dead man’s history of commerce, but it does need the record.

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PROBATE COURT. The dispensing of wills was not much of a problem in old England. The king owned everything, so the dead man’s relatives didn’t have much to fight over. If there was a dispute, the suitor could approach the local court of common law, or the king’s court of chancery.

The suitor might want to inherit his dad’s wagon, the one his uncle possesses. The suitor might go to the local court, or he might approach the king’s court of chancery, if the local court did not please him. The king’s court of chancery acted as an appeal court from the local common law courts.

But the theory of local law is that its court is the court of first and last resort. Therefore, any suitor appealing to the king violates his own common law, and gives jurisdiction to the king in matters that the king did not previously control.

The suitor might also seek to inherit the right to work a piece of ground, or some other equitable privilege given out by the king. In such a case, the suitor could approach the king’s court of chancery.

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There would be no king in the new government of the United States of America. Some other court would have to dispense wills beyond the local court. The local court was able to hear local claims, but what if the claim was from another state?

O’Pinion. The elite rulers of America were relatives of the elite rulers of England. Both hated the local courts. The very theory of self-government opposes the supremacy of the elite, and the supremacy of the state.

The elite needed a new court for disposition of wills, and a court that they controlled.

The elite rulers of America also needed a way to convince the inhabitants that they did indeed own their own lands; and to prove it all a citizen had to do was to provide ‘proof’ of that ownership.

Words written on paper or spoken before witnesses are called ‘evidence’. Evidence contemplated can yield proof. The word ‘probate’ means ‘proof’.

The elite rulers of America offered a probate court to suitors seeking the property of a dead man.

The suitor could submit evidence that he was the proper person to inherit the property and that there was some titled property for the court to consider transferring.

The problem here is that the people- as a whole- did not support or ask for any probate court. Common law courts already handled all matters in Law and in Equity, and this was supposed to be a new, united and free nation. Why would America want to go back to the king’s system of ‘top-down’ governance on land possession?

As you might expect, unscrupulous suitors took advantage of the probate court. If the suitor lost in local court, he could hire an attorney to help him take a second bite from the state probate court. A winning attorney had the incentive of splitting the pickins with the suitor.

Attorneys at-law are not allowed to ‘represent’ a competent man in common law courts; but federal courts are not common law. The federal probate court not only allowed this ‘stand in’ relationship between an attorney and his competent and lawful adult client, they encouraged it.

The unscrupulous suitors give the probate court a validity it does not deserve, while the good people stood by and said nothing.

With this in mind, the secret rulers of America cast the probate court far and wide.

The probate court history is one of pure fraud from its inception. The court was offered to Montanans in 1864, at a time when the local common law court was in full session. The probate court had jurisdiction in probate, small equity and divorce.

Marriage was still the domain of the church and possibly the county court in 1864. The probate court here acts as an appeals court, should the suitors disagree with the church or county court. The county court was the true court of law in Montana for the next 25 years, and the elite rulers warned us again in 1879 and 1884- ‘the county court must go away”.

The elite rulers despised the Southwest Montana “miner’s court”- a true common law court, and offered the federal probate court as a replacement for the miner’s court.

The mission of the elite rulers has always been to replace local law with feuderal law. Sorry, I didn’t mis-spell the word.

The rulers got their wish. The probate courts handled more cases of divorce small disputes in equity.

The probate court became an instant success after the Civil War, after the federal government allowed the court to dispense land parcels as town sites, farm sites and homesteads.

Land claims dispensed by the probate court? Who died and who is approaching the court as an inheritor or beneficiary?

Well, the Republic died in 1865. The probate court received permission to sell off unclaimed lands in Montana, for the price of a filing fee. The Republic is civiliter mortuus after 1865 and the corporation formed in 1871 was ready to divide up the conquered territory. Conquered territories are divided into ‘districts’. Districts are administered by the district court judge.

Passing out land patents was an easy way to make friends in Montana. Anyone with connections in Helena could get rich quick. The town of Bozeman was sold for about $40 in 1871, to applicants who would never pass up such a deal.

People lined up at the probates judge’s door, with hands out. The probate court was now legitimate.

The probate court expanded its jurisdiction into disputes of probate and marriage, and finally acquired jurisdiction in certain matters at law, all by the consent of the townspeople. The probate court was growing very fast in the 19th century.

The probate courts in Montana absorbed the county courts by the end of the 1880s. The elite rulers warned us that the county court and grand jury were going away; good Montanans stood still and let it happen.

The probate court then acquired new jurisdiction. Along with probate and divorce jurisdiction, the probate court found power in adjudicating small crimes and equity disputes that did not exceed a certain level, in the dispensing of wills that did not transfer real estate, and in the power to adjudicate land claims, i.e., pass out U.S lands- those parcels in it’s territories not yet claimed.

After all this power was given to the probate court, the elite rulers extinguished the probate court. When statehood came along in 1889, the probate court handed all its power over to the king’s court of chancery, a.k.a. ‘the Montana district court’.

It was quite a coup. The king’s court of chancery overtook the entire American court system. Many settlers left England to end the King’s law, but it followed us across the Pond. For details on probate, chancery and district courts, see Consent of the Conquered and other fine works by Humble O’Pinion, at Shakespir.com. BACK to Top

Chapter 6.STATUTES AT LAW- Written Rules Hijack the Common Law.

Statutes are rules written for the government. The theory is workable as long as the legislators and judges are honorable. In Montana, they are not.

Montana reached statehood in 1889 after penning four constitutions. Six years later the legislators wrote the first state statute code, i.e., the rules for the new government of Montana.

Montanans who were not State employees were followers of the Common Law, prior to the statutes and after, unless they consented to the new statute law, as employees or contractors.

Most Montanans complied with the new law and eventually accepted statute law as the only form of law. The ‘mission creep’ just described was administered through Montana statutes at law. Statutes can be near our Common Law or ‘at’ it, but never ‘in’ it. Attorneys at-law; mother in-law.

That’s because statutes are rules made up for operation of the government, and these rules should never be expanded onto the People, without their consent.

But that is exactly what happened in Montana. The legislatures have expanded state jurisdiction into areas that do not concern it, such as birth, death and marriage. The legislatures offer a probate and district court with benefits, to replace our county court and county grand jury.

Many people complied, but not everyone. The State government became a friend of those with their hands out, and an enemy of those with their hands up.

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Public Records

1997 MCA 2-6-101 Definitions. Writings are of two kinds: (a) public, and (b) private. (2) Public writings are – written acts of some office; and public records of private writings. History 3170, etc Civ Proc 1895; re-en 1907 & 1935; 93-1001 etc. 1947; amend 1985, 1991. [[Notice the capital ‘P’ on Public. Any writing given to the state is public when submitted; any document created or controlled by the state is a public record. ]]

2-6-102 every citizen has “right to inspect” and copy. History 1895 etc.

2-6-111 Sec of State in charge of records.

2-6-402 “local government records destruction committee” to collect and dispose of records. History 1991.

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Are you kidding me? Ya, I know the State is going digital in 1991.But keep the originals, just incase the digital record gets lost or modified. The city, county and state own millions of square feet of building space, right here in Gallatin County. They just built a new jail, after getting it turned down 3 times. This is the second new jail built in the last 30 years. The new jail was way too big for Gallatin County, so put the records in the extra space there.

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1895 Civ P. sec 3170- [[1067/1414]].“Writings are of two kinds: 1. Public; and (2) Private”.

3171 Public writings are written acts or records of office, state, US or foreign.

Section 3186- Statutes are public or private. A private statute is one which concerns only certain designated individuals, and effects only their private rights. All other statutes are public, in which are included statutes creating or affecting corporations. [[I am confused here; private is specific and public is general- aren’t all corporations specific therefore private?]].

1895 Pol C. Part IV title 4

Section 4410. The county clerk as ex-officio recorder must procure such books for records as the business of his office requires, but orders for the same must be obtained from the Board of County Commissioners. He has the cus-tody and must keep all books, records, maps and papers deposited in his office.

Section 4411 [[452/1414]]. County clerk to keep records: (2) Certificates of marriage and marriage contracts, and births and deaths. (7) All orders and decrees made by the district Court in probate matters affecting real estate which are required to be recorded.

1895 Chapter III Political Code

Sec. 4410 county clerk ex officio

Sec. 4411 he must keep and index of deeds, grants, transfers, contracts to sell real estate, mortgages, Power of Attorney (s), marriage certificates, official bonds, liens, judgements, judgement debtors & creditors, notices, women’s properties & sole trader, mining claims, registers of birth & death and notice of water rights. [[Re-en 3033 1907]]

4412. County clerk to keep index of marriage certificates for men and for women, marriage contracts, births and deaths. [[What marriage contract?]]

Sec 4440 [[456/1414]]. Duties of the clerk of the district court. The clerk of the District court must: (2) Act as clerk of the District Court, and attend each term or session thereof and upon the judges at chambers when required; (6). Keep book “Record of Probate Proceedings”, contains District Court orders indexed by name of deceased person, the executor or administrator, the guardian or ward; (7) keep book “Probate Record Book” to record wills, bonds, letters of admin., letters testamentary and other papers as prescribed. (10) Keep a book “Register of Probate and Guardianship Proceedings” with name of the estate, the register number, with memorandum of every paper filed.

Summary: Keep all books, papers and records. Enter all orders, judgements, decrees. Keep a register of action in the from Civ Pro. Issue process and notice. Keep index for District Court of all suits in 7 columns. Keep record of probate proceedings, wills, bonds, letters admin, letters testamentary. Keep books of applicant US citizens, register of criminal actions, register of probate and guardian, index of the insane. Book of jurors, witnesses and other records.

Sec. 4442The clerk shall keep additional books on judicial district court records, divided into 18 and 5 columns.

Sec. ,4443 the clerk shall keep general index and reverse index. (Act approved 1893). [[End of chapter. Not a word about marriage here]]

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The county clerk is “ex-officio”, authority implied from the office for which he was elected. The district court clerk is an actor. “one who acts for another” (Black’s. 6th). While the county clerk is here handling marriage certificates, the acting clerk of the district court does not, at least in 1895.

The Montana ‘district court’ descends from the king’s court of chancery and is merely an actor pretending to be the county court of law. The district is not the county, even if its lines are in the same place. The district court is a tribunal of equity, not a court of Law.

The ‘district’ is a subdivision of the “Federal Area” laid upon the states, “which covered all the several states like a clear plastic overlay” See the Story of the Buck Act, by Richard McDonald.

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Revised Code of Montana 1907, with 1915 Supplement. Pol. C. Sections 1362 to 1421[[236/1295 to 249/1295]]. Chapter IV COMMON HIGHWAYS. Chapter V BRIDGES; chapter VI OBSTRUCTIONS; chapter VII GUIDE BOARDS (highways); chapter VIII LAWS OF THE ROAD; chapter IX MOTOR VEHICLES; chapter X FINES; chapter XI REPEALING CLAUSES. (Section 1421).

The chapter is XI REPEALING CLAUSES. The subchapter is sec 1421 “Repealing Clause”. Many statute numbers listed; approved 1909 amendment 1915.

Statute 1422- still under REPEALING CLAUSES chapter- concerns MOTOR VEHICLES. The subchapter is all motor vehicle, driver rules, road rules and vehicle registration. This information continues through section 1473a, and the next subchapter is HEALTH

The 1915 Supplement to RCM 1907 Pol. code in the HEALTH chapter:

Section 1497. Expenses of Board of Health [[PDF 264/1295- full text see above]]. This statute sets up the board of health and lays the bills at the feet of the county or city. The bills are for keeping the water supply clean, controlling dentists and pharmacists, controlling applications for registrations under this act (dentist/pharmacist registry, etc) and control of boiler inspectors. [[280/1295]]

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1947 RCM 69-508. Compulsory registration of births. Within the time prescribed by the board a certificate of every birth shall be filed with the local registrar of the district in which the birth occurred, by the physician, midwife or other legally authorized person in attendance at the birth; or if not so attended, by one of the parents. History En sec 9 Ch. 44 L.1943

69-510 O’Pinion summary: If neither parent is able to prepare a birth certificate as above mentioned, the local registrar shall secure the info and file the certificate. Considered “delayed” or “altered” History En sec 10 Ch. 44 L.1943

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How about that? If the doctor or parents do not fill out a birth certificate for the baby, the registrar will fill out one for the parent.

This deception follows the idea that the government can make a contract with itself, and bait you into joining it later in time. Does this idea seem legitimate?

The answer is no. This bait and switch is not a contract at all, it is fraud upon all Montanans.

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1947 69-515 certificate forms as per US census bureau and section 69-524 [[connects State and US by statute]]

69-520 Delayed or altered certificates. A person born in this state may file or amend a certificate after the time herein prescribed, upon submitting such proof as shall be required by the board or by any court. History 1943, 1955.

69-524 (5) Subject to the provisions of this section the board may direct the state registrar to make a return upon the filing with him of birth, death and stillbirth certificates and of certain data shown thereon to the federal, state or municipal agencies. History 1943. [[Here is your FEDERAL registration, by statute]].

69-531 local registrars (district) to transmit “original certificate” to state; county to keep “duplicate” copy at clerk and recorder. History En sec 30 Ch. 44 L.1943

69-534 registration of marriage. Clerk of district court forwards “certain information” on a new form to state for registration, by the 15th of each month.

The entire Vital Statistics chapter (69-500s) was written in 1943. My great-grandmother obtained a delayed birth certificate at that time. She was born in Gardiner in 1887, before Montana was a state. The reason people followed these wartime statutes is that you needed a birth certificate to qualify for gas stamps, etc. Wars change the rules, by design. The War created chaos even in Butte, Montana; the government offered a solution- rationed gas for everyone with a birth certificate. No certificate, no gas ration. [[WWII Qui Bono?]]

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1997 Montana Code Annotated.

30-1-105. Parties power to choose territorial law, other state or nation

30-2-302. Unconscionable contract or clause. Court may refuse to enforce

50-15-102. State dept of vital statistics established. History 1967, 1974, 1995

50-15-108. Duty to furnish information “Any person having knowledge of the fact shall furnish” birth, death, marriage, dissolution info on demand of the state. History 1967

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50-15-109. “Local registrars shall forward original certificates to the department, file a duplicate copy with the county clerk and recorder, and retain a triplicate copy.

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Black’s does not define ‘triplicate’ but Webster has ‘three identical copies’. Therefore, the triplicate must be identical to the original and the same for ‘duplicate’, unless we are using the ‘pawn ticket’ definition.

The question then becomes ‘are the copies identical? Here comes the bad news: the DUPLICATE documents are NOT identical and I have never seen any document entitled ‘TRIPLICATE’. The State keeps the original birth certificate; the State generates a second document called the ‘DUPLICATE’ for the county. Since the two are not identical, what is source page for the TRIPLICATE? More fraud.

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50-15-121. (2) all applications, etc must be approved by State…certified copies must contain security features that deter the document from being altered, counterfeited, duplicated or simulated without detection…. [[Duplicated? Does that mean ‘an exact, identical impression’?]]

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The Application for marriage license is a petition for contract.

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Black’s Law Dictionary 6th Ed. page 98 Applicant. An applicant, as for letters of administration, is one who is entitled thereto, and who files a petition asking that letters be granted. For purposes of letters of credit, the customer in the credit transaction. Synonymous also with “account party”.

Application. Putting a request, petition, appeal or connection before a person.

Application of Rules. Rules by procedure not left to common law or statutory law. [Court rules]

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O’Pinion. Antennas UP! Fast talking word twisters at work. When you sign an application for some certificate, you become accountable for the transaction, whether you know the terms and conditions or not.

The State registrar has an arrangement to generate a 4th ‘birth’ document to be forwarded to the US Bureau of Census- the federal (short form) registration. I have yet to untangle this ball of wire, but it appears to have originated in the early 1900s through the US Department of Commerce. It may have been codified in Montana in 1943.

My guess: due to the 1933 federal bankruptcy, the elite rulers pledged the future commerce and taxation of citizens not yet born, to pay the interest on the 1933 loan. By law, the principal could never be repaid and the debt will exist forever.

But the interest will be paid forever by current and future taxpayers operating in the world of high taxes and commercial license. The private bankers stoked up the whole of the economy in 1933, by loaning the government an enormous pile of fictitious money. For this benefit, the citizens of America would be over-taxed from then on. For more see the concept of intergenerational accounting, as explained by Ed Blackman, Gallatin County financial officer, Montana Comprehensive Annual Financial Report of Gallatin County-2010. There are four reports in the 2010 CAFR, so search for the term “intergenerational accounting” and “monetization”. The latter means ‘to create value by signature’.

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1997 40-1-102 uniformity of marriage between states [[states are now subdivisions of the Federal Area]]

40-1-103. Marriage is a personal relationship between a man and a woman arising out of a civil contract to which the consent of the parties is essential. A marriage licensed, solemnized and registered as provided in this chapter, is valid in this state. A marriage may be contracted, maintained, invalidated, or dissolved only as provided by the law of this state. RCM 1947 48-304

1947 RCM License required for marriage; license from district court History En Sec Ch. 232, L. 1963. [[this is a new law in 1963.

40-1-103 marriage is a man/woman contract and requires consent and solemnization [[same as common law or church law]]-done before a public official. District court may issue license, and the certificate must be registered. When certificate is registered, the contract is valid.

40-1-106 Some contract rules in this Code not applicable to marriage contracts.

40-1-201 No “resident may be joined in marriage [[contract]]. until licensed”; the license “authorizes the ceremony”; a “non-resident” license “may be obtained”. History 1963 [[why not “MUST” be obtained?]].

40-1-202. District court clerk charges $30 for a certificate AND a license [[two separate documents]]

40-1-211. Repealed in 1979

1997 40-1-212. Effective period of license. A license to marry is effective upon issuance and expires after 180 days. History: En. 48-307 by Sec. 7, Ch. 536. L. 1975; R.C.M. 1947 48-307; amd Sec 1, Ch 7, L.1987. [[The license is for the ceremony only, there is no contract unless you think it true]].

40-1-213. Judicial approval. (3) The district court shall authorize performance of a marriage by proxy upon the showing required by the provisions on solemnization. History 1975, amd 1979, 1997.

40-1-301. Any judge, mayor, justice of the peace, etc can solemnize marriage [[but only district court can license and register]]; solemnization can be done by proxy on one part.

40-1-311. Code uses the word “must”: persons utilizing Declaration in lieu of solemnization MUST secure medical certificate. [[This is a statutory over-ride of the ancient concept of solemnization]].

40-1-312. Voluntary ‘declaration of marriage’ by party’s lawyer in lieu of solemnization is valid (you can

Get married by permission of lawyer).

40-1-314 clerk of district court registers marriage.

40-1-321 parties forfeit fees if certificate is not registered within 30 days.

[[Montana specified no same sex marriage in 1975]].

40-1-402 marriage invalid without consent [[contract law]].

40-1-403 Common-law marriages are not invalidated by this chapter [[or any other]]. History 1975

Footnotes “disputable” presumption in 26-1-606 [30]:

“a man and a woman purporting themselves as husband and wife have entered into a contract of marriage.”

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Humble O’Pinion- The “contract” statement is “disputable”. The Montana Code recognizes common-law marriage, and says that the “contract of marriage” is disputable. I agree.

A common-law marriage is a lawful covenant, not a legal contract. But an applicant can waive the covenant concept in favor of the contract, and protection/duties from/to the District court.

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40-1-107 [[Fraud alert!]] This statute on the ‘marriage form’ has the following: (a) name, sex, address [social security number,] and date and place of birth;

The fraud is in the brackets used on “[social security number,]”. What do these ‘brackets’ mean? Brackets mean = the words enclosed were not stated in the original text.

I put two or three brackets on my own work, to separate from the work of others, since I often quote books-. OK?]].

The SS number is optional, as noted by the brackets

40-1-401 prohibited marriages void [[the contract is void, so what?]].

40-1-404 putative spouse = reputed to be in a marriage contract. [[If you don’t know whether you are in a marriage contract or a marriage covenant, the government will gladly clarify the law for you. If so, you are in a 3-party contract: man; woman and state. Guess, which one of the 3 parties is supreme?]].BACK to Top

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Licentious behavior forbidden. 1889 Constitution of Montana Article III Declaration of Rights.

Sec. 4. The free exercise and enjoyment of religious profession and worship, without discrimination, shall forever hereafter be guaranteed, and no person shall be denied any civil or political right or privilege on account of his opinions concerning religion, but the liberty of conscience hereby secured shall not be construed to dispense with oaths or affirmations, excuse acts of licentiousness, by bigamous or polygamous marriage, or otherwise, or justify practices inconsistent with the good order, peace, or safety of the state, or opposed to the civil authority thereof, or of the United States. No person shall be required to attend any place of worship or support any ministry, religious sect, or denomination, against his consent ; nor shall any preference be given by law to any religious denomination or mode of worship.

2015 MCA 61-3-220. Certificate of title -- voluntary transfer -- duties. (1) Upon the voluntary transfer of any interest in a motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile for which a certificate of title was issued under the provisions of this chapter, the owner whose interest is to be transferred shall:

(a) authorize, in writing and on a form prescribed by the department, an authorized agent, or a county treasurer, to enter the transfer of the owner’s interest in the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile to the transferee on the electronic record of title maintained under 61-3-101; or

(b) execute a transfer in the appropriate space provided on the certificate of title issued to the owner and deliver the assigned certificate of title to:

(i) the transferee at the time of delivery of the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile; or

(ii) the department, its authorized agent, or a county treasurer if an application for a certificate of title has been completed by the transferee and accompanies the assigned certificate of title.

(2) The transferor’s signature on the certificate of title, or the form authorizing transfer of interest upon the electronic record of title, must be acknowledged before the county treasurer, a deputy county treasurer, an elected official authorized to acknowledge signatures, an employee or authorized agent of the department, or a notary public.

(3) Except as provided in 61-4-111, the person to whom an interest in a motor vehicle has been transferred shall:

(a) execute an application for a certificate of title in the space provided on the assigned certificate of title or as prescribed by the department; and

(b) within 40 days after the interest in the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile was transferred to the person, either:

(i) apply for a certificate of title under 61-3-216 and register the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile under 61-3-303; or

(ii) subject to the limitations of 61-3-312, register the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile without the surrender of a previously assigned certificate of title and application for certificate of title under 61-3-303.

(4) If the person to whom an interest in a motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile has been transferred fails to comply with the requirements described in subsection (3) within the 40-day grace period, a late penalty of $10 must be imposed against the transferee. The penalty must be paid before the transferee registers the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile in this state, with or without the surrender of an assigned certificate of title. The penalty is in addition to the fees otherwise provided by law.

(5) If the transferee does not comply with the requirements of subsection (3) within the 40-day grace period, a secured party or lienholder of record may pay the fees for the transfer of title and for filing a voluntary security interest or lien. The secured party or lienholder is not liable for the late penalty imposed in subsection (4) or for registration fees, taxes, or fees in lieu of tax on the motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile.

History: En. Sec. 9, Ch. 477, L. 2003; amd. Sec. 60, Ch. 542, L. 2005; amd. Sec. 46, Ch. 596, L. 2005.

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The actual ownership paper for a pickup truck is called the ‘Manufacturers Statement of Origin’. Let’s unpack this body of information.

61-3-101 State department of Motor Vehicles records. The department shall file applications for registration received by it from the county treasurer and register the vehicle and the vehicle owners as follows: (a) under license number; (b) under name of owner; © under vehicle number; (d) another index of registration as the department considers expedient.

The department can destroy any records older than 4 years, if no active lien. All records open to inspection and copies made for a price, provided that owner has not requested non-disclosure. History 1917, amended many times.

61-3-103 (Temporary) lengthy explanation of security interests and liens. Department may not file lien unless accompanied by application for certificate of title. When the application/ lien is transmitted to the department the “instrument that creates the security interest must be retained by the secured party”

[[Security interest = lien; secured party = lender {Black’s 6th; UCC 1-201 (37), 9-102}; the lien paper is held by the bank ]]. The department mails “certificate of ownership” to name/address on middle of the certificate, unless the lender has paid the fees for transfer. If so, “the department shall return the certificate of ownership to the county treasurer”….“The owner of the motor vehicle is the person entitled to operate and possess the motor vehicle”.

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This is a clear definition of ‘equitable ownership’ of a vehicle. The certificate entitles the person to operate his business and hold it’s equipment, according to law. This language is what common people call ‘lawyer gibberish’; they call it ‘Terms of Art’.

[[Certain liens perfected through title 30, Chap 9 Montana Code. Antennas, periscope UP!:]]

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[temporary] 61-3-103(3) Whenever a security interest or lien is filed against a motor vehicle that is subject to two security interests previously perfected under this section, the department shall endorse on the face of the certificate of ownership, “NOTICE. This motor vehicle is subject to additional security interests on file with the Department of Justice.” Other information regarding additional security interests need not be endorsed on the certificate. [[wowzer!! They conceal the truth in your face: Other persons not listed hold a lien on your truck.! Now view the replacement]]

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[Effective 2000] 61-3-103(3) Whenever a security interest or lien is filed against a motor vehicle that is subject to two security interests previously perfected under this section, the department shall endorse on the face of the certificate of ownership, “NOTICE. This motor vehicle is subject to additional security interests on file with the Department of Justice.” No other information regarding such additional security interests need be endorsed on the certificate.

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Words in other sections are added or changed between the temporary and effective versions from the 1997 code. The updated version underlines the word ‘NOTICE.’ How come? The word is already in caps on the earlier version. Is this word doubly important?

Please read the first part of 103 (3) again. If the certificate of title has less than one lien, can the above NOTICE be printed on the face of the certificate of ownership? The answer is NO, according to statute.

Take a look at your truck title, or any other. Are the words ‘additional security interests’ upon its face?

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1997 MCA Motor Vehicle chapter. 61-3-103 (4) lien release held by state 8 years. (5) a voluntary lien is perfected when lien notice and certificate of ownership or manufacturer’s statement of origin are delivered to county treasurer. Perfection under this section constitutes constructive notice to subsequent purchasers or encumbrancers.

Motor Vehicle title, Records of convictions chapter 11.

61-11-102 (3) DOJ to keep driver license applications and license, traffic accident reports; court records, court records to “motor vehicle administrators” in other states. (6) Computer storage device reproduction “is an original record”

61-11-105 (2) DOJ shall furnish licensee information to “any person”. (3) $4 fee must be paid for any requested copy, certified is $10 a copy; no charge for records to any state or federal agency. [[This is strong evidence of a “Federal Area” overlay. See the Story of the Buck Act, by Richard McDonald (Buck Act 1940)]]

*Constructive notice. Black’s 6th P1062: Constructive notice is information or knowledge of a fact imputed by law to a person (although he may not actually have it), because he could have discovered the fact, by proper diligence, and his situation was such as to cast upon him the duty of inquiring into it. Every person who has actual notice of circumstances sufficient to put a prudent man upon inquiry as to a particular fact, has constructive notice of the fact itself in all cases in which, by prosecuting such inquiry, he might have learned such fact.

Constructive “notice” includes implied actual notice and inquiry notice. F.P. Baugh Inc v Littler Lake Lumber Co CA Cal 297 F2d 692, 696.

1997 MCA 61-3-103 (6) voluntary lien filings that do not require transfer of ownership are perfected on the date the lien notice and certificate of ownership or manufacturer’s statement of origin are received by the department…

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2015 MCA 61-3-221. Involuntary transfer. (1) (a) An involuntary transfer of title to or any interest in a motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile may occur by operation of law through inheritance, devise, bequest, order in bankruptcy or insolvency, execution sale, or repossession upon default in the performance of the terms of a lease, executory sales contract, or security agreement or in any other manner other than by voluntary act of the person whose title or interest is transferred. Upon the involuntary transfer, the executor, administrator, receiver, trustee, sheriff, secured party, or other representative or successor in interest of the person whose interest is transferred shall send to the department:

(i) An application for a certificate of title; and

(ii) A verified or certified statement of the transfer of interest or a transfer statement, as defined in 30-9A-619.

(b) The statement of transfer of interest must state the reason for the involuntary transfer, the interest transferred, the name of the person to whom the interest is to be transferred, the process or procedure creating the transfer, and other information requested by the department. A transfer statement submitted under this section must meet the requirements of 30-9A-619. Evidence and instruments that are required by law in order to effect a transfer of legal or equitable title to or an interest in chattels must be submitted with the statement.

© Except as provided in subsection (2), if the department determines that the transfer is regular and that all legal requirements have been complied with, the department shall send notice of the intended transfer to the owner, conditional sales vendor, lessor, mortgagee, and other lienholder, as shown in the department’s records. Deposit in the U.S. mail of the notice, postage prepaid, addressed to the person at the respective address shown in the department’s records satisfies the notice required by this section. Not less than 5 days after sending the notice, the department shall issue a new certificate of title to the transferee.

(2) (a) Except as provided in subsection (2)(b), if an interest in a motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat, or snowmobile that is not registered in this state is involuntarily transferred to a person in this state, the person to whom the interest is transferred shall follow the procedure provided in subsection (1).

(b) In lieu of the statement required in subsection (1), the department may accept an affidavit of repossession as executed by the person seeking the involuntary transfer.

(3) The department is not required to send notice for a transfer of interest occurring under subsection (2).

History: En. Sec. 10, Ch. 477, L. 2003; amd. Sec. 61, Ch. 542, L. 2005.

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What filings do not require transfer of ownership? Maybe a registration renewal or a license plate replacement…This might be a filing that does not require a transfer of ownership. If true, does somebody have a voluntary lien affirmed by this filing?

All applications are voluntary, and all contracts are voluntary. If the equitable owner of a registered Plymouth fails to perform or pay his duties, his contract is terminated and the secured interest parties are notified. Any such filings would be done with or without the consent of the equitable owner, therefore involuntary.

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Liens. There exists an implied lien on every contract. But the implied lien is not perfected until it is filed and recorded with the county treasurer, on paper.

A lien notice is a document or statement that makes a demand for payment. The notice must reach the attention of the party that failed to pay or perform.

After the notice is served to the adverse party, the moving party must identify the adverse party’s property that is to be used to settle the claim. The lien is a claim encumbering that property.

The property identification document and the notice document are then filed with the county clerk and recorder. The lien is now perfected.

Any attempts to sell or transfer said property would find the title clouded with a lien. Should a dispute now arise before the district court, the court will examine the records and perhaps settle the dispute. The first lien holder has the strongest claim.

The lien notice can be written on the face of a car title, but does not have to be written on its face to be valid, as per 61-3-103(3) [effective 2000].

A lien is valid as actual or implied, written or not written as long as it is eventually written and recorded.

My “duty of inquiring into it” (the registration application) itself creates the lien as per the rules of constructive notice; and along with said notice I add the application for certificate of ownership or submit the MSO and a filing fee. Put the package together and file it with the clerk. The lien package becomes perfected at the time of filing.

What you have just read is complicated fraud on the part of the legislature, the courts and the governor. Now that you are aware of it, constructive notice is taken.

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I paid cash for a new Yamaha snowmobile in 1985. The CERIFICATE OF TITLE sent to me contained the usual information and little else.

At the bottom of the title were the following words in very tiny print, almost too small to read:

I, the undersigned, hereby certify that an application for certificate of title has been made for the vehicle described heron, pursuant to the provisions of the Motor Vehicle laws of this State, and the applicant named on the face hereof has been duly recorded as lawful owner of said vehicle.

I further certify that the vehicle is subject to the security interests shown heron, in witness whereof I have hereunto affixed my signature to the great seal of the State of Montana

Daryll E. Schoen [hand signed]

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I paid green cash for the snowmobile, brand new. Why would there be a lien on a fresh title?

The words “the vehicle is subject to the security interests” is written on the title. Does the statement itself constitute notice?

Earlier versions use the phrase ‘additional security interests.

The reader may believe that these laws are too shady to be found in the Montana Code and Black’s Law dictionary. I agree- but take a look for yourself, please.

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Silent Acquiescence. Black’s Law dictionary devotes half a page to the concept. Silence is “implied consent” to a transaction, as opposed to “open discontent”. If a party to a contract says nothing, all other parties take notice of implied consent.

Open Discontent therefore, should be done with clear opposition and noticed in a public manner.

When we sign any application, contract, declaration or notice we give notice of intent. An application for automobile registration is a notice to the state that the applicant intends to follow the state laws for vehicles. The application also confirms the obligation to follow state laws. Notice- whether written, implied or notice by acquiesce- is taken and recorded by the State.

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This magic is done by hypnosis. The magician convinces the applicant that the paper document represents the car and then really is the car. Lose the paper, lose the use of the car, and lose the car. Wrinkle, wrinkle, crunch, wrinkle…Poof!

If you go along with this theater, you give massive power to the magician. Next, he will convince you that you need a paper to prove that you were born. Wrinkle, wrinkle, wrinkle…

The mind works by signs, symbols, and sensations and by repetition.

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WORDS

Animate- Webster 1928 [[1]]. Breath, live, soul, mind, alive, give life to; [[2.]]. an animal

Beneficiary- one who benefits from the acts of another

Beneficium invito non datur- A privilege or benefit is not granted against one’s will.

Beneficium competentiae- in Scotch law, the privilege of competency.

CONSTRUCTIVE Black’s Law Dictionary 3rd Ed 1933 (in part). That which is established by the mind of the law in its act of construing facts,…acquires character…implies. Made out of legal interpretation- the word “legal” sometimes used in lieu of “constructive”. Middleton v. Parke 3 App. D.C. 160.

CONSTRUCTIVE CRIME. Black’s Law Dictionary 3rd Ed 1933. Where, by a strained construction of a penal statute, it is made to include an act not otherwise punishable, it is said to be a “constructive crime,” that is one built up by the court by way of inference and implication. Ex parte McNulty, 77 Cal 164, [[etc. The 1933 definition of ‘constructive crime’ was omitted from my 1990 version, but the 2007 version has:]]

Black’s Law Dictionary 8th Ed 2007 Crime, constructive crime- A crime that is built up or created when a court enlarges a statute by altering or straining the statute’s language, esp. to drawing an unreasonable implications and inferences from it- also termed implied crime and presumed crime. [[ Black’s 8th dropped the case citations and dropped the reference to “penal statutes”. Could civil procedure statute expansion now be included in the definition of ‘constructive crime’? This is one of the few definitions that applies to the courts, and not to the People.

Constructive possession- a person has constructive possession of property if he has power to control and intent to control such item. [[Cite]]. Exists where one does not physical control

Duplicate. Black’s 6th p503.” [[Paragraph 1]].Counterpart produced as the same impression as the original”; [[para 2]].“exactly resembles”; [[para 3]].“In England, a ticket given by a pawn broker to the pawner of chattel”.

Chattel. Personal property that is movable. Animate or inanimate.

Judgement. Black’s Law Dictionary 8th Ed (2007) judgemen t (in part)- (1) a court’s final determination of the rights and obligations of the parties in the case. The term judgement includes an equitable decree and any order from which the appeal lies. “An action is instituted for the enforcement of a right or the redress of an injury. Hence a judgement, as the culmination of the action declares the existence of a right, recognizes the commission of an injury, or negatives the allegation of one or the other. But as no right can exist without a correlative duty, nor any invasion of it without a corresponding obligation to make amends, the judgement necessarily affirms, or else denies, that such a duty or such a liability rests upon the persona against whom the aid of the law is invoked.” Henry Campbell A Treatise on Law of Judgements.1902

agreed judgement . A settlement that becomes a court judgement when the judge sanctions it. In effect, an agreed judgement is merely a contract acknowledged in open court and ordered to be recorded, but it binds the parties as fully as other judgements- also consent…[[if you give the court jurisdiction, you join a trust when the case is resolved]].

Non compos mentis- not of sound mind, insane. General term. See Incompetency, Insanity.

Non sui juris. Not his own master. Lacking legal capacity to act for oneself as in the case of a minor or mentally incompetent person.

Performance. Black’s 6th. (in part)- The fulfillment or accomplishment of a promise, contract or other obligation to its terms…

Proxy marriage Black’s 6th. P1226. A marriage contracted or celebrated through agents acting on behalf of one or both parties. A proxy marriage differs from a more conventional ceremony only in that one or both of the contracting parties are represented by an agent; all other requirements having been met. State v Anderson 239 Or 200. 396 P2d 558, 561.

Register verb-. record formally; to enroll. Regicide is murder of the sovereign. [[Regis = king]]

Enroll. To register; to record; to enter on the rolls of the court; to transcribe.

Judgement roll Black’s 6th. noun – any pleading, judgement or order of court or office.

Roll verb P1330- To rob by force

Incompetency. Lack of ability, knowledge...a want of physical or intellectual or moral fitness. -1928 Webster page 2316/2620.

Wed v. t. – to pledge, covenant, promise, to wed [[?]], wager, bail, security or pawn.; to take husband or wife by formal ceremony, join in marriage & give in wedlock, to unite, to take to one’s self and support, to espouse.

Wed v. i – to contract matrimony, to marry. To marry someone from a different place. “or marry, with a rush ring, to go through a mock form of marrying, in jest or fraud. [[wow! still want a certificate of

wedlock?]].

Wedlock. – pledge, betrothal, offering, a gift, prob. also play, sport, dancing. “1. The ceremony, or the state, of marriage; matrimony. 2. A wife; a married woman.” [[Wedlock is a married woman?]]

Applicant. Black’s Law Dictionary 6th Ed. page 98 Applicant. An applicant, as for letters of administration, is one who is entitled thereto, and who files a petition asking that letters be granted. For purposes of letters of credit, the customer in the credit transaction. Synonymous also with “account party”.

Application. Putting a request, petition, appeal or connection before a person.

Application of Rules. rules by procedure not left to common law or statutory law. [[court rules]].

Certificate means ‘evidence’ certified by someone (of title, claim or ownership).

Civiliter mortuus – Black’s 6th P246. Civilly dead; dead in the view of the law. The condition of one who has lost his civil rights and capacities, and is considered civilly dead in law. See Civil death.

Perfected means recorded or registered, according to law (Black’s 6th).

Birth certificates.

-The short form copy for the citizen

-The long form original detailed document for the state

-The duplicate long form for county [[pawn ticket , not an exact impression- see Black’s law dictionary]]

-The registration NOTIFICATION for the US census bureau

The marriage contract.

-License application from District court, authorizing ceremony to solemnize

-Certificate of ceremony- approval by any judge, mayor or clergy; certificate signed and returned to court

-Court registers certificate and license application, sends Notice to state

-State sends Registration Notice to US Bureau of Census [[Is the license application on file somewhere?]]

The Death certificate.

-Short form for the citizen

-Long form original for the state

-Duplicate long form for the county

-Has to be a notice of registration to the US [[?]]

CERTIFICATE OF TITLE for automobile, truck etc.

A ‘CERTIFICATE OF TITLE’ is a document that gives evidence of ownership. The certificate is not conclusive on its face, but it does indicate what entity controls the property described thereon. The certificate document is described in state statutes, and has a well-known form.

The legal owner’s name is at the very top of the certificate. This owner has superior rights as the creator of the certificate, and the certificate is evidence of ownership.

In the middle of a certificate of title we find the name of the equitable owner, enclosed by a box. The box has a ‘dog-leg’ shape on my 1949 truck ‘title’ (certificate issued in 1986); all ‘equitable owner’ information is ‘contained’ in the box.

Below the equitable owner’s name we find another box enclosure, with these words contained in the box:

“THIS VEHICLE IS SUBJECT TO THE FOLLOWING LIENS”.

Other than the last statement, the lien box for my 1949 truck title is empty. HOWEVER….

Below the lien box we find:

“It is hereby certified, according to the records of the Montana Department of Justice—Motor Vehicle division, that the person named heron is the owner of the vehicle/vessel described may be subject to other liens or security interests. TITLE AND REGISTRATION BUREAU

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Wow! So there IS a lien “or security interests”, even if it is not written on the certificate of title. A lien not written down on the title? Is this ‘sound law’ or ‘quiet deception’?

Below the word ‘BUREAU’ we find: “CONTROL NUMBER (This is not a title number)”

The title number is in the upper left corner in the vehicle identification box. Then what is this ‘control’ number directly below the “liens and security interest” statement?

Answer: it is the “account party” number. See U.C.C. or MCA on signature and applicant]].

1949 truck title. The name typed in the equitable owner box is written in all caps:

SMITH JR, WILLIAM D;

123 PATRIOT ST; BOZEMAN~~~MT 59715

The name ‘SMITH JR, WILLIAM D’ is the name of a fictitious entity, a corporation that was created on 2-3-1945, one day after the birth of an infant named ‘William David, Jr. Smith’.

While the names are very similar in appearance, they are distinct in meaning. One is a fictitious corporation, the other is baby boy just born yesterday. One day, the baby boy will become the living agent signing for the fiction, as though he is the fiction. This contract is entered without his full knowledge of the terms.

In law this confusion is known as ‘fraud’ upon the part of the State. A one-day-old infant can’t contract with anyone, nor can a 15-year old boy. To become a party in a contract, one must knowledgeable and consenting, and he must be an adult.

The ‘certificate of title’ document is the property of the State of Montana, also known as ‘the State’, ‘The State of Montana’, ‘State OF MONTANA’ and ‘the state of Montana.

The State is never properly called ‘Montana state’ or ‘Montana country’. Both terms refer to the People living on the land between the Yellowstone and the Bitterroot rivers, or so.

On the truck title we find the State-as legal owner- listed above the equitable owner’s name. The equitable owner has the privilege of use of the truck or car, and to hold it, but full legal ownership is vested in the State. See Black’s Law dictionary on ‘owner, equitable’.

As a signer to any certificate and/or application for license, the signer becomes an “account party” securing the Bankruptcy and Trust of 1933.

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The public trust concept. In a standard trust, a benefactor distributes his wealth to an incompetent or contracting beneficiary by way of a written contract. The contract is overseen by a neutral third party- known as the ‘trustee’. The trustee must honor the contract as it is written, and has the power to modify if it if the needs fit the contract. Therefore, the trustee must be honorable, to protect both benefactor and beneficiary.

The government plays the part of trustee in the modern ‘public trust’. Taxpayers are the benefactors and everyone is a beneficiary. Beneficiaries can be incompetent natural persons or fictitious persons, also known as ‘corporations’*

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1871 Feb. 21, 1871 Incorporation of District of Columbia, 41st Congress, 3d Session., Ch. 62, 16 Stat. 419. ‘US CONST’.

Incorporation of District of Columbia by (Presidential) Legislative Act of February 21, 1871, under the Emergency War Powers Act and the Reconstruction Acts. Then reorganized June 11, 1878

16 Stat. 419 Chapter 62.

“The CORPORATION which is 16 Statute 419 CREATED by the name of the DISTRICT OF COLUMBIA succeeded to the property and liabilities of the corporations which were thereby abolished.” D.C. vs Cluss, 103 U.S. 705, 26 L. Ed. 445.

District of Columbia, 1871. History: Act of March 3, 1791, Ch. 17. (In part)

District on the Potomac accepted for permanent seat of government, and Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a district of territory, not exceeding ten miles square, to be located as hereafter directed on the river Potomac, at some place between the mouths of the Eastern Branch and Connogochegue, be, and the same is hereby accepted for the permanent seat of the government of the United States.

Sec. 2. And be it further enacted, President to appoint commissioners for locating the same; That the President of the United States be authorized to appoint, and by supplying vacancies happening from refusals to act or other causes, to keep in appointment as long as may be necessary, three commissioners, who, or any two of whom, shall, under the direction of the President, survey, and by proper metes and bounds define and limit a district of territory, under the limitations above mentioned; and the district so defined, limited and located, shall be deemed the district accepted by this act, for the permanent seat of the government of the United States.

February 27, 1801, the District of Columbia Organic Act of 1801 placed the District under the jurisdiction of Congress. The act also organized the unincorporated territory within the District into two counties: the County of Washington on the northeast bank of the Potomac, and the County of Alexandria on the southwest bank. On May 3, 1802, the City of Washington was granted a municipal government consisting of a mayor appointed by the President of the United States.

Paper was invented in ancient China during the Han dynasty (206 BC – 220 AD) and spread slowly to the west via the Silk Road. Papermaking and manufacturing in Europe was started by Muslims living on the Iberian Peninsula, (today’s Portugal and Spain) and Sicily in the 10th century, and slowly spread to Italy and Southern France reaching Germany by 1400. Earlier, other paper-like materials were in use including papyrus, parchment, palm leaves and vellum, but all of these were derived from materials which were expensive or in limited supply, or required extensive hand-processing to produce a satisfactory finish. From Wikipedia. BACK to Top.

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CERTIFICATE OF TYRANNY

To whom it may concern: The foregoing report was compiled and posted by Humble O’Pinion in 2015.The report contains ten billion dollars worth of research on Montana statute law. The summary of this research indicates that the State of Montana legislatures, courts and governors have participated in a common constructive crime upon the people living on the land between the Yellowstone and Bitterroot rivers, or so.

The said state has drawn false and unreasonable implications binding certain men and women to a contract(s) not expressed or implied. Contracts lacking knowledgeable consent also lack a lawful court to enforce them.

The actors have used paper symbols to represent threats of violence and promises to interrupt the life of all citizens on the Land, and certain other men and women on the Land. Contracts implying violence are void from inception.

I am Humble O’Pinion- a lawful man living on the Land near Bozeman, Montana. I hereby certify that the research contained in this report is accurate and the conclusions are true to best of my knowledge.

This CERTIFICATE OF TYRANNY is granted to State of Montana Chief Executive Officer STEVE BULLOCK, acting as governor in 2015. Face value of this certificate is $10,000,000,000.00 (ten billion dollars) in legal tender. Deposit according to Operation of Law.

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Humble O’Pinion

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All Rights Reserved


Certificate of Tyranny

This report is a detailed research project exposing the use of government documents as a tool of subjugation. The report covers the history of birth, marriage and death documents used in the land known as 'Montana country'. The report gives many citations from dictionaries and law books, providing evidence of systemic fraud committed by the government of Montana. Information on probate courts and trust contracts is included.

  • ISBN: 9781311976628
  • Author: Humble O'Pinion
  • Published: 2015-12-18 22:05:08
  • Words: 23427
Certificate of Tyranny Certificate of Tyranny