Motor Vehicle
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““Motor vehicle” means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in transportation of passengers, passengers and property, or property and cargo; … “Used for commercial purposes” means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit[.]” 18 U.S.C. § 31. “[I]t is a jury question whether … an automobile … is a motor vehicle[.]” United States v Johnson, 718 F.2d 1317, 1324 (5th Cir. 1983). “A policy of Insurance is a maritime (vessel) contract, and therefore of admiralty Jurisdiction.” -De Lovio v. Boit 7 Fed. Case Number 3, 776 ARRAIGHNMENT PLEA = “It is an elementary rule of pleading, that a plea to the jurisdiction is…a tacit admission that the court has a right to judge in the case, and is a waiver to all exceptions to the jurisdiction”. Girty v. Logan, 6 Bush Ky. 8 A special appearance, which is preliminary and collateral to determining the merits of an action, is a pleading within this section, and thus, in a hearing on a special appearance, an affidavit may be used to prove or disprove the factual basis for a court’s assertion or exercise of personal jurisdiction over a defendant. Williams v. Gould, Inc., 232 Neb. 862, 443 N.W.2d 577 (1989). APPEARANCE A coming into court as party to a suit, either in person or by attorney, whether as plaintiff or defendant. The formal proceeding by which a defendant submits himself to the jurisdiction of the court. The voluntary submission to a courts jurisdiction…. A special appearance is for the purpose of testing the sufficiency of service of the jurisdiction of the court; GENERAL APPEARANCE consent to the jurisdiction of the court and waiver of all jurisdictional defects except the competency of the court. Johnson v. Zoning Bd. Of appeals of town of Branford, 166 Conn. 102, 347 A.2d 53, 56. In the general appearance defendant submits his person to jurisdiction of the court by appearing himself or by duly authorized representative. Buehne v. Buehne, 190 Kan. 666, 378 P.2d 159,164. Black’s Law 5th Adition >> Arrest, citizen’s Nebraska 29-742 Arrest without warrant by officer or citizen; when. The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest as in section 29-741; and thereafter his answer shall be heard as if he had been arrested on a warrant. Source: Laws 1963, c. 159, § 14, p. 563.
“an obligation to the courts and to the public no less significant than his obligation to his clients. Thus an attorney occupies a dual position which imposes dual obligations … His first duty is to the courts and the public, not to the client; and wherever the duties to his client conflict with those he owes as an officer of the court in the administration of justice, the former must yield to the latter.” 7 C.J.S. Sec. 4 “Wards of court. Infants and persons of unsound mind. Davis’ Committee v. Loney, 290 Ky. 644, 162 S.W.2d 189,190. Their Rights must be jealously guarded, Montgomery v. Erie R. Co., C.C.A.N.J., 97 F.2d 289, 292.” Black’s Law Dictionary, Fifth Edition >> Attorney, practice without a license: · Attorney at law versus Counsellor at law. It is absolutely amazing what has been uncovered. · First there were barristers (counsellors-at-law in America) and attorneys-at-law. In some of the states initially they were kept separate, but then they started using attorneys and counsellors-at-law together in one person and he would adjust to the particular issue. They were admitted [licensed] to practice in the courts by the judges or justices of that particular court, with the judges being public officers in that time frame. · Attorney at law: · 1. Represents only - stands in your place or stead in business or legal issues. · 2. No attorneys allowed in a criminal trial, except to make bail. · 3. Has Attorney fees - costs money and can use Attorney Lien. · 4. Officer of the court · 5. Can not challenge the court without exposure to sanctions such as judge being a public officer, etc. · 6. Takes over the case and you are at his mercy on how the case is run. · 7. He will raise no issue that he deems the judge will be unhappy with usually. · 8. Co-counsel is the scam they attempt to use to validate the lack of Assistance of Counsel. You can not counsel your self. · · Counsellor at law: · 1. Assists only and is to protect and defend his client, can not represent. · 2. Counsellors at law are used in criminal trials - access to is an absolute part of a Trial by Jury from the first part of arraignment on. · a. Can ask questions on your behalf, · b. Can instruct you what questions to ask · c. If the client instructs the Counsellor at law to challenge the judge or court, he can do it without being sanctioned (done correctly of course) · 4. Officer of the court. · 5. Does not charge, works on gratuity. Can not sue for Attorney fees. · 6. Is learned in the law. · 7. It is a position of Honor to be a Counsellor at Law. · 8. It is a level above an Attorney at law. There is a big difference between a Private Attorney and a PUBLIC ATTORNEY. A Private Attorney operates by and through an assigned Power-of-Attorney instrument for a specific or general function. A Private Attorney is also known as an Attorney-inFact. The PUBLIC ATTORNEY is an officer of the court in question and represents the trust created by Statute or the Statutorily Constructed Scheme through the fascist (i.e. private business controlled) government that has put up a bonding system for each crime be they malum in se or regulatory infraction. The PUBLIC ATTORNEY represents the PUBLIC VESSEL created by and through the Social Security grantor trust agreement commonly known by the U.S. Treasury as the PUBLIC VESSEL (PV). The PV operates through Equity and within Special Maritime/Admiralty jurisdiction (law form) and therefore affects the man in his capacity as the
Authorized Representative. Only members of the State BAR Associations are authorized to represent the PV as the USAG is the Trustee for the PV. This is why members of Rice and Associates cannot represent the PUBLIC VESSEL. This is why members of Rice and Associates can represent and assist the man in capacity as the Authorized Representative (AR) for the PUBLIC VESSEL. However, the secular courts and the PUBLIC AGENCIES that regulate the PUBLIC VESSELS do not usually separate the PV from the AR. So how far can a non-Bar member go in representation? The case of New York vs. Sawyer, (NY) 47 barb. 116 (1866), illustrates how far that Private relationship may go. ?It is quite clear that it is the spirit and intent of the constitution, of the statutes, and the practice of the courts, that no person shall practice as an attorney or counsellor in actions in the courts but such as have been found qualified, upon examination by the Supreme Court. The application for that purpose must be based upon citizenship, the age of twenty-one years, and good moral character. These qualifications, followed by an order of the court for admission, after the court become satisfied of the possession of sufficient learning and ability, and the signing of the roll, and subscribing and taking the constitutional oath, constitute the right, and authorize the practice, by attorneys and counsellors in all the courts of record of this state. . . .But this case need not even be put upon that ground. If this case was in a court of record, the signing this notice in the manner as explained by the affidavits, I think, would have been without objection, and would be no violation of the letter or spirit of the constitution, the statute, or the rules of practice. A person may be an attorney in fact, for another, without being an attorney at law; a distinction well understood as existing in all kinds of business transactions. They are sometimes distinguished by attorneys in fact, or private attorneys, and attorneys at law, or public attorneys. The former is one who is authorized by his principle, either for some particular purpose, or to do a particular act, not of a legal character. The latter is employed to appear for the parties to actions, or other judicial proceedings, and are officers of the courts.? This case (New York vs. Sawyer) is about a party that signed pleadings on behalf of a defendant. How close to the line can a private Attorney go? A pleading ? signed as ?M.S., Defendant, W.J.S., His Attorney,? is valid, though W.J.S. is not an attorney at law.? Bl. Comm Vol 1, Ch 18, all trusts are corporations and vice versa. >> ((B)) Rule 23 DEMAND FOR JURY TRIALS In misdemeanor cases, demands for a jury trial must be made within 10 days following entry of a not guilty plea. DUTIES OF PROSECUTING ATTORNEYS Unless upon good cause shown the court in its discretion has ruled otherwise, the prosecuting attorney shall be present at all arraignments in all cases, all bond settings in felony cases, and all first hearings in juvenile cases. No trial of any such case will be conducted without the prosecuting entity being represented by a prosecutor. The court will not act as a prosecutor, nor will any law enforcement representative or any other nonattorney be permitted to act as a prosecutor. In all cases, the prosecuting attorney shall obtain the defendant’s criminal history and provide the same to the court and the defendant prior to the setting of any bond or the imposing of any sentence. accord, -United States v. Mine Workers, 330 U.S. 258, (1947). “Particularly is the true where the statute imposes a burden or limitation, as distinguished from conferring a benefit or advantage. -United States v. Knight, 14 Pet. 301, 315 (1840).” Wilson v. Omaha Indian Tribe, 442 U.S. 653 (1979).
State of Nebraska Statutes Section 29-901 >> Bail; personal recognizance; conditions. Any bailable defendant shall be ordered released from custody pending judgment on his or her personal recognizance unless the judge determines in the exercise of his or her discretion that such a release will not reasonably assure the appearance of the defendant as required. When such determination is made, the judge shall either in lieu of or in addition to such a release impose the first of the following conditions of release which will reasonably assure the appearance of the person for trial or, if no single condition gives that assurance, any combination of the following conditions: (1) Place the defendant in the custody of a designated person or organization agreeing to supervise the defendant; (2) Place restrictions on the travel, association, or place of abode of the defendant during the period of such release; (3) Require, at the option of any bailable defendant, either of the following: (a) The execution of an appearance bond in a specified amount and the deposit with the clerk of the court in cash of a sum not to exceed ten percent of the amount of the bond, ninety percent of such deposit to be returned to the defendant upon the performance of the appearance or appearances and ten percent to be retained by the clerk as appearance bond costs, except that when no charge is subsequently filed against the defendant or if the charge or charges which are filed are dropped before the appearance of the defendant which the bond was to assure, the entire deposit shall be returned to the defendant. If the bond is subsequently reduced by the court after the original bond has been posted, no additional appearance bond costs shall be retained by the clerk. The difference in the appearance bond costs between the original bond and the reduced bond shall be returned to the defendant. In no event shall the deposit be less than twenty-five dollars. Whenever jurisdiction is transferred from a court requiring an appearance bond under this subdivision to another state court, the transferring court shall transfer the ninety percent of the deposit remaining after the appearance bond costs have been retained. No further costs shall be levied or collected by the court acquiring jurisdiction; or (b) The execution of a bail bond with such surety or sureties as shall seem proper to the judge or, in lieu of such surety or sureties, at the option of such person, a cash deposit of such sum so fixed, conditioned for his or her appearance before the proper court, to answer the offense with which he or she may be charged and to appear at such times thereafter as may be ordered by the proper court. The cash deposit shall be returned to the defendant upon the performance of all appearances. If the amount of bail is deemed insufficient by the court before which the offense is pending, the court may order an increase of such bail and the defendant shall provide the additional undertaking, written or cash, to secure his or her release. All recognizances in criminal cases shall be in writing and be continuous from term to term until final judgment of the court in such cases and shall also extend, when the court has suspended execution of sentence for a limited time, as provided in section 29-2202, or, when the court has suspended execution of sentence to enable the defendant to apply for a writ of error to the Supreme Court or Court of Appeals, as provided in section 29-2301, until the period of suspension has expired. When two or more indictments or informations are returned against the same
person at the same term of court, the recognizance given may be made to include all offenses charged therein. Each surety on such recognizance shall be required to justify under oath in a sum twice the amount of such recognizance and give the description of real estate owned by him or her of a value above encumbrance equal to the amount of such justification and shall name all other cases pending in which he or she is a surety. No one shall be accepted as surety on recognizance aggregating a sum in excess of his or her equity in the real estate, but such recognizance shall not constitute a lien on the real estate described therein until judgment is entered thereon against such surety; or (4) Impose any other condition deemed reasonably necessary to assure appearances as required, including a condition requiring that the defendant return to custody after specified hours. END
“an obligation to the courts and to the public no less significant than his obligation to his clients. Thus an attorney occupies a dual position which imposes dual obligations … His first duty is to the courts and the public, not to the client; and wherever the duties to his client conflict with those he owes as an officer of the court in the administration of justice, the former must yield to the latter.” 7 C.J.S. Sec. 4 “Wards of court. Infants and persons of unsound mind. Davis’ Committee v. Loney, 290 Ky. 644, 162 S.W.2d 189,190. Their Rights must be jealously guarded, Montgomery v. Erie R. Co., C.C.A.N.J., 97 F.2d 289, 292.” Black’s Law Dictionary, Fifth Edition >> Attorney, practice without a license: · Attorney at law versus Counsellor at law. It is absolutely amazing what has been uncovered. · First there were barristers (counsellors-at-law in America) and attorneys-at-law. In some of the states initially they were kept separate, but then they started using attorneys and counsellors-at-law together in one person and he would adjust to the particular issue. They were admitted [licensed] to practice in the courts by the judges or justices of that particular court, with the judges being public officers in that time frame. · Attorney at law: · 1. Represents only - stands in your place or stead in business or legal issues. · 2. No attorneys allowed in a criminal trial, except to make bail. · 3. Has Attorney fees - costs money and can use Attorney Lien. · 4. Officer of the court · 5. Can not challenge the court without exposure to sanctions such as judge being a public officer, etc. · 6. Takes over the case and you are at his mercy on how the case is run. · 7. He will raise no issue that he deems the judge will be unhappy with usually. · 8. Co-counsel is the scam they attempt to use to validate the lack of Assistance of Counsel. You can not counsel your self. · · Counsellor at law: · 1. Assists only and is to protect and defend his client, can not represent. · 2. Counsellors at law are used in criminal trials - access to is an absolute part of a Trial by Jury from the first part of arraignment on. · a. Can ask questions on your behalf, · b. Can instruct you what questions to ask · c. If the client instructs the Counsellor at law to challenge the judge or court, he can do it without being sanctioned (done correctly of course) · 4. Officer of the court. · 5. Does not charge, works on gratuity. Can not sue for Attorney fees. · 6. Is learned in the law. · 7. It is a position of Honor to be a Counsellor at Law. · 8. It is a level above an Attorney at law. There is a big difference between a Private Attorney and a PUBLIC ATTORNEY. A Private Attorney operates by and through an assigned Power-of-Attorney instrument for a specific or general function. A Private Attorney is also known as an Attorney-inFact. The PUBLIC ATTORNEY is an officer of the court in question and represents the trust created by Statute or the Statutorily Constructed Scheme through the fascist (i.e. private business controlled) government that has put up a bonding system for each crime be they malum in se or regulatory infraction. The PUBLIC ATTORNEY represents the PUBLIC VESSEL created by and through the Social Security grantor trust agreement commonly known by the U.S. Treasury as the PUBLIC VESSEL (PV). The PV operates through Equity and within Special Maritime/Admiralty jurisdiction (law form) and therefore affects the man in his capacity as the
Authorized Representative. Only members of the State BAR Associations are authorized to represent the PV as the USAG is the Trustee for the PV. This is why members of Rice and Associates cannot represent the PUBLIC VESSEL. This is why members of Rice and Associates can represent and assist the man in capacity as the Authorized Representative (AR) for the PUBLIC VESSEL. However, the secular courts and the PUBLIC AGENCIES that regulate the PUBLIC VESSELS do not usually separate the PV from the AR. So how far can a non-Bar member go in representation? The case of New York vs. Sawyer, (NY) 47 barb. 116 (1866), illustrates how far that Private relationship may go. ?It is quite clear that it is the spirit and intent of the constitution, of the statutes, and the practice of the courts, that no person shall practice as an attorney or counsellor in actions in the courts but such as have been found qualified, upon examination by the Supreme Court. The application for that purpose must be based upon citizenship, the age of twenty-one years, and good moral character. These qualifications, followed by an order of the court for admission, after the court become satisfied of the possession of sufficient learning and ability, and the signing of the roll, and subscribing and taking the constitutional oath, constitute the right, and authorize the practice, by attorneys and counsellors in all the courts of record of this state. . . .But this case need not even be put upon that ground. If this case was in a court of record, the signing this notice in the manner as explained by the affidavits, I think, would have been without objection, and would be no violation of the letter or spirit of the constitution, the statute, or the rules of practice. A person may be an attorney in fact, for another, without being an attorney at law; a distinction well understood as existing in all kinds of business transactions. They are sometimes distinguished by attorneys in fact, or private attorneys, and attorneys at law, or public attorneys. The former is one who is authorized by his principle, either for some particular purpose, or to do a particular act, not of a legal character. The latter is employed to appear for the parties to actions, or other judicial proceedings, and are officers of the courts.? This case (New York vs. Sawyer) is about a party that signed pleadings on behalf of a defendant. How close to the line can a private Attorney go? A pleading ? signed as ?M.S., Defendant, W.J.S., His Attorney,? is valid, though W.J.S. is not an attorney at law.? Bl. Comm Vol 1, Ch 18, all trusts are corporations and vice versa. >> ((B)) Rule 23 DEMAND FOR JURY TRIALS In misdemeanor cases, demands for a jury trial must be made within 10 days following entry of a not guilty plea. DUTIES OF PROSECUTING ATTORNEYS Unless upon good cause shown the court in its discretion has ruled otherwise, the prosecuting attorney shall be present at all arraignments in all cases, all bond settings in felony cases, and all first hearings in juvenile cases. No trial of any such case will be conducted without the prosecuting entity being represented by a prosecutor. The court will not act as a prosecutor, nor will any law enforcement representative or any other nonattorney be permitted to act as a prosecutor. In all cases, the prosecuting attorney shall obtain the defendant’s criminal history and provide the same to the court and the defendant prior to the setting of any bond or the imposing of any sentence. accord, -United States v. Mine Workers, 330 U.S. 258, (1947). “Particularly is the true where the statute imposes a burden or limitation, as distinguished from conferring a benefit or advantage. -United States v. Knight, 14 Pet. 301, 315 (1840).” Wilson v. Omaha Indian Tribe, 442 U.S. 653 (1979).
State of Nebraska Statutes Section 29-901 >> Bail; personal recognizance; conditions. Any bailable defendant shall be ordered released from custody pending judgment on his or her personal recognizance unless the judge determines in the exercise of his or her discretion that such a release will not reasonably assure the appearance of the defendant as required. When such determination is made, the judge shall either in lieu of or in addition to such a release impose the first of the following conditions of release which will reasonably assure the appearance of the person for trial or, if no single condition gives that assurance, any combination of the following conditions: (1) Place the defendant in the custody of a designated person or organization agreeing to supervise the defendant; (2) Place restrictions on the travel, association, or place of abode of the defendant during the period of such release; (3) Require, at the option of any bailable defendant, either of the following: (a) The execution of an appearance bond in a specified amount and the deposit with the clerk of the court in cash of a sum not to exceed ten percent of the amount of the bond, ninety percent of such deposit to be returned to the defendant upon the performance of the appearance or appearances and ten percent to be retained by the clerk as appearance bond costs, except that when no charge is subsequently filed against the defendant or if the charge or charges which are filed are dropped before the appearance of the defendant which the bond was to assure, the entire deposit shall be returned to the defendant. If the bond is subsequently reduced by the court after the original bond has been posted, no additional appearance bond costs shall be retained by the clerk. The difference in the appearance bond costs between the original bond and the reduced bond shall be returned to the defendant. In no event shall the deposit be less than twenty-five dollars. Whenever jurisdiction is transferred from a court requiring an appearance bond under this subdivision to another state court, the transferring court shall transfer the ninety percent of the deposit remaining after the appearance bond costs have been retained. No further costs shall be levied or collected by the court acquiring jurisdiction; or (b) The execution of a bail bond with such surety or sureties as shall seem proper to the judge or, in lieu of such surety or sureties, at the option of such person, a cash deposit of such sum so fixed, conditioned for his or her appearance before the proper court, to answer the offense with which he or she may be charged and to appear at such times thereafter as may be ordered by the proper court. The cash deposit shall be returned to the defendant upon the performance of all appearances. If the amount of bail is deemed insufficient by the court before which the offense is pending, the court may order an increase of such bail and the defendant shall provide the additional undertaking, written or cash, to secure his or her release. All recognizances in criminal cases shall be in writing and be continuous from term to term until final judgment of the court in such cases and shall also extend, when the court has suspended execution of sentence for a limited time, as provided in section 29-2202, or, when the court has suspended execution of sentence to enable the defendant to apply for a writ of error to the Supreme Court or Court of Appeals, as provided in section 29-2301, until the period of suspension has expired. When two or more indictments or informations are returned against the same
person at the same term of court, the recognizance given may be made to include all offenses charged therein. Each surety on such recognizance shall be required to justify under oath in a sum twice the amount of such recognizance and give the description of real estate owned by him or her of a value above encumbrance equal to the amount of such justification and shall name all other cases pending in which he or she is a surety. No one shall be accepted as surety on recognizance aggregating a sum in excess of his or her equity in the real estate, but such recognizance shall not constitute a lien on the real estate described therein until judgment is entered thereon against such surety; or (4) Impose any other condition deemed reasonably necessary to assure appearances as required, including a condition requiring that the defendant return to custody after specified hours. END
