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Picturing the Maritime Lien

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Preface

A very good article on the topic of martime liens is Maritime Liens in the Conflict of Laws by Prof. William Tetley. I recommend it as a good introduction to maritime liens and how they are qualified by different jurisdictions. The following quote from a court decision, The Bold Buccleugh, is taken from that article:

“Having its origin in this rule of the Civil Law, a maritime lien is well defined by Lord Tenterden, to mean a claim or privilege upon a thing to be carried into effect by legal process; and Mr. Justice Story… explains that process to be a proceeding in rem… This claim or privilege travels with the thing, into whosoever possession it may come. It is inchoate from the moment the claim or privilege arises, and when carried into effect by legal process, by a proceeding in rem, relates back to the period when it first attached.”

Another significant takeaway from the article is that United States courts will enforce a maritime lien that is valid under the laws of the foreign jurisdiction where it attached even though such lien doesn’t qualify as a maritime lien under U.S. law.

Say Cheese

Now, from this I’d like to explain the general idea of a maritime lien by way of analogy to photography – old-school, pre-digital, shot-on-film photography just because I’m an old-school kind of guy.

First the photographer loads film into his camera, then he points the camera at some object of which he wishes to capture an image. and then he pushes the shutter release which momentarily opens the shutter to allow light reflected from the object to pass through the camera lens, and the film emulsion to thereby be exposed. At that point the image captured by the film can be said to be inchoate. It attached to the film at the moment the shutter was opened, but for the time being it remains undeveloped.

Before the photographer can enjoy the image he has captured on the film it must be properly developed through a specific photochemical process. Then, once he has developed the image on the film it is his property from which he can create derivatives – complete or cropped photographic prints – from that original image which are also his property and which he can therefore dispose of as he chooses. He can hang them on his wall, give or sell them to someone else to hang on their wall, or loan them for display in a museum or art gallery.

I’m sure you get the idea.

A maritime lien is similar. It begins with some action, event, or condition by which a claim attaches to the thing involved – like the latent image attaches to the camera’s film. In the case of the maritime lien, the claim attaches to the title to some tangible object or intangible right. That thing or right is the asset represented by the title itself. You can think of the camera’s film as being the title to the image captured by it. The maritime lien, like the latent image on the film, travels with the thing wherever it goes, but it must be developed correctly for the lien holder to realize its value. It must be properly developed by a legal proceeding, in rem, for the latent claim to be processed into a recognizable maritime lien.

In the case of our claim, that process begins with an informal proceeding¹ in which the claimant certifies his claim (outlined in a Security Agreement) before a notary public. This informal proceeding takes place in the court of record with the claimant acting as the sovereign or tribunal of the court and the notary public acting as the magistrate who authenticates² the judgment of the claimant/tribunal. At that point you could say that the claimant has developed a negative image of his claim. Next he must make a positive print of it that will be visible and appreciated by the public. To so so he must follow the Uniform Enforcement of Foreign Judgments Act process. Then his claim will be displayed in the public record/gallery where it may be seen by public actors.

The claimant will then post a public notice advertising his claim – a UCC Financing Statement – and provide copies of that notice to whomever he decides might be interested in seeing it. He may also dispose of his claim, or its derivatives, by gift, sale, assignment, etc. as he deems appropriate – itself a whole ‘nuther topic – but at this point, provided he correctly executes the process, he will have a properly developed maritime lien to show the world.

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¹ Arizona Revised Statutes 14-1201 (27) – “Informal proceedings” means those proceedings conducted without notice to interested persons by an officer of the court acting as a registrar for probate of a will or appointment of a personal representative…

²  The COLB is authenticated in a different manner than the Security Agreement. Below is an explanation using Arizona statutes (other states will surely have similar statutes) to try and plow through the obfuscation via legalese to discover how and why we have the Security Agreement authenticated. I’ve quoted relevant language of particular statutes and underlined those specific portions that relate to authentication of the Security Agreement.

This is the authentication Bill referred to when he said “the sheeple have been trained to not file docs without a notary’s signature, and the sig is needed to authenticate.” The “sheeple” he refers to here are public servants, such as the clerk of the court in our case. 41-322 (A.) below refers us to 33-501 (1) to determine the authority of a notary public to perform a notarial act in the court of record.

41-322. Authentication of authority of officer for foreign notarizations

A. If a notarial act is performed by any of the persons described in section 33-501, paragraphs 1 through 4, other than a person authorized to perform notarial acts by the laws or regulations of a foreign country, the signature, rank or title and serial number, if any, of the person is sufficient proof of the authority of the person to perform the act. Further proof of the person’s authority is not required.

33-501 (1.) below indicates that by engaging a notary public to notarize the Security Agreement, one authorizes the notary to perform that notarial act in the court of record. The tribunal (sovereign) of the court – the claimant – effectively appoints the notary as an officer of the court of record (the place in which the notarial act is performed). The notary then performs the ministerial function of verifying the indentity(ies) of those who sign the agreement. The notary’s signature evidences their acceptance of the appointment and the notary’s seal becomes the seal of the court. The entire arrangement is implied by the actions of those involved and no express appointment/acceptance is needed. The notary’s signature, title, and seal are prima facie evidence of the entire action as stated in 41-322 (A.) above. Understanding and correctly executing this process are what constitute a COMPETENT court of record.

33-501. Recognition of notarial acts performed outside this state

For the purposes of this article, “notarial acts” means acts which the laws and regulations of this state authorize notaries public of this state to perform, including the administering of oaths and affirmations, taking proof of execution and acknowledgments of instruments, and attesting documents. Notarial acts may be performed outside this state for use in this state with the same effect as if performed by a notary public of this state by the following persons authorized pursuant to the laws and regulations of other governments in addition to any other person authorized by the laws and regulations of this state:

1. A notary public authorized to perform notarial acts in the place in which the act is performed.

This is the authentication Bill meant when he said,

However, if we need to go private at any time, the problem is that the sheeple have been trained to not file docs without a notary’s signature, and the sig is needed to authenticate. So we alter the language accordingly to remove terms like “person,” and add disclaimers indicating that use of the notary does not stipulate to an election to submit to the jurisdiction. Then it is what we say it is. 

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Forms follow function

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Once we have established our claim in the estate and assigned that claim to an account of the United States, we have a resulting private trust which we need to register and provide notice of to the public. One challenge that arises is how can the foreign Grantor sign Form SS-5 and give it to SSA when he is “out of state” and thus can’t “appear in person” at the local SS office to give them the form. The SS-5 instruction has this to say:

HOW TO SUBMIT THIS APPLICATION
In most cases, you can take or mail this signed application with your documents to any Social Security office. Any documents you mail to us will be returned to you…

In other words, it can be submitted by mail and no clerk need watch you sign the application. Or, as Christian Walters might say, that instruction is the Mack Truck opening for the Grantor to mail in the signed application. This makes sense as the Grantor’s “out of state” existence necessitates mailing the application security. That only leaves the question of whether the CP 575 is adequate documentation to establish the Grantor’s (actually, the beneficial owner’s) need for a card. I expect it’s exactly the documentation necessary. Once the card is issued the card holder will thereafter animate the Authorized Representative for the Grantor. Continue reading →

Why we need a Security Agreement

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… to secure the Blessings of Liberty to ourselves and our Posterity.

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.


Constitutor.
  In the civil law, one who, by simple agreement, becomes responsible for the payment of another’s debt.

Incorporator.  Person who joins with others to form a corporation and the successors of those who actually sign the papers of incorporation.

The above quoted preamble to the Constitution and definitions from Black’s Law Dictionary, Fifth Edition, should help to enlighten as to the nature of our relationship to the United States. The style of the preamble to the Articles of the Constitution clearly designates those intended or presumed to be the constitutors and incorporators of the benefit society entitled the United States. It also explains why the constitution has been characterized as providing a palatable veneer to the bankruptcy.  The People of the United States incorporated a trustee to be responsible for the debts of the united States of America. That is, the $13 million of war debt accrued from its establishment upon the signing of the Declaration of Independence and its formal acceptance under the Articles of Confederation with the Treaty of Paris, 1783. Continue reading →

Democratic Party Promoting Libetarian Candidate

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I understood this was going to be a tough campaign season for the Democrats. Barack Obama is experiencing historically horrible support in the polls and Democratic candidates are avoiding him in droves. Just the same, some things evoke the phrase, “Desperation on the cusp of madness.”

 PGthumb1Rev

Such is the case in Arizona’s 9th Congressional District where the Democratic Party is promoting Libertarian candidate Powell Gammill by mailing not one, but three different campaign flyers. Each of them has a slightly different, but surprisingly accurate depiction of Gammill’s political views. One might argue that these are the very flyers that Gammill’s campaign would be mailing (outside of referring to him as “Conservative Powell Gammill”) if they had the resources. Continue reading →

Spent my birthday contemplating birth…

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. . . and the names/titles of the entities that accompany it:

  • a newborn child
  • a Private Estate
  • a Public Estate
  • a Public Trust account
  • a Social Security Trust account

It must be determined with certainty what the correct entity names are. The public entities’ names are known, but since the Private Estate is invisible in the public we are left to make assumptions as to its correct name. It seems logical that it’s the child’s given name, provided by the mother, and usually styled in proper case on the COLB, which is a certified copy of the Birth Record and serves as public notice of the Private Estate. If it’s not, then what logical basis is there for the name being something else, such as some variation of the birth name? If the Private Estate name is the given name as styled on the COLB, then does it necessarily follow that the name of the fictional infant is necessarily the same? Or might it be a variation? And if so, by what reasoning or operation? Continue reading →

Authentication of a Birth Certificate

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In the course of living in our current system of government some people find it necessary or desirable to have one or more copies of their Certificate of Live Birth “authenticated” by the proper authority where they live. Within the U.S. this is the Secretary of State of your state of birth. What one often runs into in trying to acquire “authentication” is that the clerk at their Secretary of State’s office will think you want an “apostille.”

So what is the difference and why would you choose one over the other? I’m glad you asked. Continue reading →

Would you prefer an “Innie” or an “Outie”?

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Moral-Hazard

Alfred is Da Man!

I recently read a rather long blog post by a man whose writings I’ve enjoyed for quite some time. His name is Alfred Adask and I find the things that he writes to be interesting and his writing style to be quite engaging. You can read his thoughts as well at:

http://adask.wordpress.com

In this particular post Adask is analyzing a section of a lengthy legal treatise entitled A Treatise Upon Some of the General Principles of the Law written in A.D. 1877 by William Wait. He attempts to relate it to our modern system by translating it, if you will, into something that we can make sense of since the text and subject matter are rather dense to most of us. That is, those of us not well-versed in arcane legal and financial concepts. Continue reading →

Hello, truth seekers

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Welcome to my little hideaway. Stay tuned while I prepare to provide you with useful information. In the meantime, you would do well to read the page linked above entitled “How to End the Fed Without Relying on Congress.”
peace,
cantinista