00 Birth Trust Guide - 25 Dec 2018
March 2, 2023 | Author: Anonymous | Category: N/A
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Birth Registraon Trust Forget everything you think you know, look at things through the eyes of equity...
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Contents Part 1 – Birth Trust Process Secon 1 – Public Administrave Process
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Secon 2 – Private Administrave Process
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Secon 3 – Enforcement
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Part 2 – Birth Trust Guide Secon 1 – Introducon and History
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1.1 Introducon 1.2 History of the Problem and Right to Remedy Secon 2 – Establishment 2.1 Crical Elements 2.2 Registraon Process 2.3 Moving Titles 2.4 Express Trust 2.5 Mistake Due to Ignorance 2.6 Private and Public 2.7 Birth Trust Process 2.8 Wring the Documents 2.9 Giving Noce 2.10 Reasons for Nocing These Ocers
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2.11 Conclusion Secon 3 – Enforcement 3.1 Authority and Law Form 3.2 Categories of the use of the word Jurisdicon 3.3 Equity Jurisprudence 3.4 Finding the Equity Jurisdicon 3.5 Accessing the Equity Jurisdicon 3.6 Proceedings in Equity 3.7 Draing pleadings 3.8 Resources
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Secon 4 – Administraon of the Birth Trust 4.1 Administraon 4.2 Breach of trust aer establishment and enforcement 4.3 Change of Status 4.4 Purpose of Expressing the Birth Trust 4.5 What you need to know to use Trust and Equity Procedures 4.6 Other Processes and Concepons 4.7 Dierences in Jurisdicons and Birth Trust Processes 4.8 Quesons to Answer
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Secon 5 - Document and Record Keeping Instrucons 5.1 All Documents 5.2 Condenal Documents 5.3 Leers / Legal Communicaon 5.4 Principles for Procedure
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Secon 6 – Appendix 6.1 Disclaimer / Trust Example 6.2 Diagrams and Explanaons 6.3 Document Types and their required elements 6.4 Glossary of Terms
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Part 2 – Birth Trust Guide Secon 1 – Introducon and History 1.1 Introducon
This guide is intended to contain everything necessary in order to perform the birth trust establishment and enforcement process for full enjoyment of benecial rights related to one’s relaonship with government. If any further informaon is needed by any individual, discuss it with the author / grantor of this informaon. All are entled to these rights but not all will chose to perform the process or perform it correctly and achieve the desired outcome either through a lack of ability, misunderstanding the concepts or a lack of honour or integrity. It is the intent of the author that all who read this guide have the best opportunity to fully g grasp rasp the concepts and clearly understand the purpose of the process it describes and the problem it solves. Further, this guide is compiled from informaon and concepts from Chrisan Walters’ materials, for beer and further understanding the reader is advised to review these materials which should be able to be obtained from the individual who shared this guide with you. It is important to understand the cconcepts oncepts and the problem it is aempng to solve and to prepare all the documents and records necessary to take the maer all the way through enforcement, before taking the rst step.
1.2 History of the Problem and Right to Remedy (The naonal insolvency and administraon, historical reasoning, proofs and evidence.)
Australia: 1. The colonies of Terra Australis (Australia before federaon) borrowed money of substance from the Bank B ank of England to fund their parcipaon in the Boer Wars of 1883-1886 with the colonies being jointly or individually liable for their poron of the debt. Evidenced by the documentaon for the loans held at the naonal archives. 2. When they lost the Boar Wars and subsequently couldn’t repay the debt, they constuted a naon and consolidated their individual porons of the debt and also assigned an interest in their assets to the new federaon government. Evidenced by the constuon secon …… constung the colonies debt into a federal body, and the documentaon for the pledges of their assets each colony c olony made are held at the Naonal Archives. 3. Federal government then negoated perpetuaon of the loans from f rom the Bank of England and borrowed more money to fund the naon and later agreed in 1931 to a reserve currency issued by the privately owned reserve bank of Australia which came into eect in 1933. (and further negoated aer that) (who owns the Reserve Bank of Australia?) Evidenced by the Commonwealth Bank Acts, Reserve Bank of Australia Act, Acons of government borrowing from the Reserve Bank of Australia. 4. The ‘Commonwealth Government of Australia’ started operang as the ‘Australian Government’ in 1973. Evidenced by the Royal Sles and Titles Act 1974, Change of seals on all tles, all government g overnment laws and oces and records of their acons. (Referendum in 1969 remove references to the queen) 5. The ‘money’ in Australia changed from a Bill of Exchange (exchange of rights to substance now) backed by Gold and Silver which can fully sele a debt to a promissory note (Promise to pay in the ffuture) uture) backed by all the goods and services and property registered in the domesc economy (full (f ull faith and credit of the people) which obfuscates and hypothecates all the people’s property to be held as surety for the debt of the naon. Evidenced by the change in the wring on the money from ‘redeemable in gold or silver’ with a guarantee by the treasurer, to ‘shall be accepted as legal tender’ and the addion of the issuing party, the Reserve Bank Governor and an underwring by the Treasurer. Government Bonds are also backed by the full faith and credit of the people. 6. Money and currency or legal tender are both just a means of exchange between producers and consumers, however money in the form of a ‘Bill of Exchange’ is a document which entles the bearer to redeem some substanve property held elsewhere and upon transfer of it from one party to another, the receiving party becomes owner of the property immediately upon receipt, whereas currency or legal tender in the form of a
Page 4 of 21 ‘Promissory Note’ although being legislavely authorised as a legally acceptable method of payment and thus discharge of one’s legal obligaons, it sets o that debt into the future via a promise to pay at a later unassigned date. 7. Because there is no lawful money in circulaon backed by anything of value (gold or silver), no commercial contracts can be fully honoured at payment as we can't actually "pay" for anything with any real credit instrument i.e. "lawful money". Thus the only way we can fully and permanently sele debts is via exnguish by merger of tles in a Trust relaonship. 8. This le the people in the situaon of not being able to fully and permanently sele any debts by paying with money and can only set-o their debts into the future via the use of promissory notes to ‘pay’. Evidenced by: the issuance of bills of exchange by the treasurer and promissory notes by the Reserve Bank and the nature and custom of such instruments which is also recognised by negoable instruments law. 9. If the ability to fully sele debts by money of substance is absent, another method to fully sele debts in the present must be provided. 10. Therefore being in this situaon, the people are denied the ability to remain in honour by fully seling their debts which is a form of involuntary servitude and a right arises to the exnguishment of their debts via a special arrangement which makes it necessary and desirable to enable administraon of the Birth Trust. Evidenced by: It is against the Imperial Acts and their state Applicaon Acts (Magna Carta containing the Bill of rights England) to hold someone as surety for a debt and not allow or provide a way for them to full the debt now. 11. Debt and administraon meline: 1883 (Boer war debt borrowed) 50yrs(jubilee and opportunity to renegoate) 1933 (Reserve Bank of Australia established - Reserve Currency) 50 yrs(jubilee and opportunity to renegoate) 1973 (‘Commonwealth Government of Australia’ became ‘Australian Government’) (US history – War for independence, Constuon of US, Treaty of Paris - administraon, Roosevelt’s new deal renegoaon, Reserve Bank of America established 1933, HJR192)
Secon 2 - Establishment Preliminary: For establishment and administraon of the trust relaon and in order to operate appropriately one needs to be aware of the structure and hierarchy of power and authority within the execuve branch of government. (For: registraon of birth process; all public accounts administered for the benet of one’s legal identy, applicaon of separaon of powers principle and pracce of it, trustee’s private capacity and authority a uthority to administer legal tles and the private trust relaon).
2.1 Crical Elements
1. Expressing the trust. 2. Performing the merger of the legal and equitable tles. 3. Full Accounng or (Tracing and Marshalling) of Assets and Debts. 4. Distribuon of the res to the beneciary. 2.2 Registraon Process
1. Survey 2. Registraon 3. Title (on the register) 4. Cercate of tle (Birth Cercate) Your Birth registraon is the basis for your relaonship with government. Currently, it is a guardian and ward relaon but one can express that it is our intent for it to be a trust and treat it as a trust and enforce it as a trust in a court of equity for the exnguishment of all the debt related to it. A survey contains four things: 1. Name (Owner) 2. ID 3. Meets and Bounds 4. Type of Ownership (private or public), once a survey is registered it becomes a tle to the property. Register means to pass legal tle, and establishes a relaonship between the party accepng the registraon and the applicant. This relaonship can be construed under a one tle theory being a guardian and ward relaon or through an expression of the Grantor’s intent it can be construed under a two tle theory being a trust relaon. The two tles in a trust relaon are the legal tle and an equitable tle. If one was to establish a trust relaon which recognizes these tles, then one could enjoy the benets of such.
Page 5 of 21 Benecial rights cannot be recognized by law and are only enforceable in equity. Therefore one must establish a trust to exercise benecial rights and to be able to rely on enforceability of such rights. In order to establish such rights, one needs to establish a trust relaon exists. 2.3 Moving Titles
Create, Claim, Transfer, Noce, Enforce 1. Create a tle to the res if one does not exist. 2. Claim the res using the tle tle and give noce. 3. Transfer the res to the trustee by way of record of a past event and give noce of the grantor’s intent. 4. Noce the party holding res that they are trustee and order the trust dues performed. 5. Enforce in a court of equity for a declaratory judgement or a breach of trust if the trustee fails to perform.
2.4 Express Trust
A trust is anything that the law will recognise as a trust. No specic words are necessary to form a trust; a trust is present if the circumstances contemplated by the pares’ intent full the elements of a valid trust. In order for a trust to be valid it needs all four elements of a trust and at least one method of formaon. Elements of a Trust: 1. Intent 2. Purpose 3. Pares 4. Specic Property Methods of Formaon: 1. Declaraon 2. Transfer 3. Appointment 4. Contract “The elements of a trust are: (i) trust intent; (ii) specic trust res; (iii) properly designated pares; and (iv) a valid trust purpose. The principal methods of creang a trust are by: (i) declaraon; (ii) transfer (during lifeme or by will), 4 ways to transfer delivery, assignment, acceptance, by operaon of law; (iii) exercise of power of appointment, and; (iv) contract.” – – (Gilbert’s Law summaries: Trust - page ……) ……)
An example of the verbiage for forming such a relaon can be given as: “I hereby grant ( certain property .....................................) .....................................) to ( Trustee …………………) for the benet of (Beneciaries ..............................) for the purpose of ( Purpose ..............................).” If one was to ll in the blanks above, a valid trust would exist based on the presence of the elements required to form a valid trust. For the trust deed to be recognised as valid, it needs other vericaons such as being signed sealed and delivered. Then the grantor's will and intent in relaon to said trust would be enforceable in the jurisdicon that the registraon was made. Your Birth registraon is the basis for your relaonship with state and federal g government, overnment, it is currently a guardian and ward relaon but one can express that it is our intent for it to be a trust and treat it as a trust and enforce it as a trust in a court of equity for the exnguishment of all the debt related to it. 2.5 Mistake Due to Ignorance The registraon of your birth was done by your parents on your behalf and one can only grant that which they are entled to. Therefore since your parents never possessed equitable rights to you and they were only a trustee of you (your guardian) unl you achieve age of majority, you possess the equitable entlement to that which was registered and any and all proceeds created therefrom. One can therefore claim that one’s relaonship with government has been operang under a mistaken construcon of one’s intent resulng from one’s mistake of not correcng it unl now due to one’s ignorance of such. 2.6 Private and Public
Private is anything which is expressed or implied to be special. When have you expressed or implied anything to be special? Be very careful what you grant to others especially when signing your name. Signing by Grantor reserves special private rights and if this is unacceptable to the receiver, an ellipsis (…) can be used to denote further informaon is missing from the document, which indicates the signing party’s intent. Everything else is public by default, something is only private if you have expressed or implied a special relaon over it. A condence or a trust is a special relaon, and only if you express or imply a condence or a trust can you claim by your intent in forming the relaon that the subject of such relaon can be private.
Page 6 of 21 The informaon about a trust or condence relaon is only private when it relates to how the trust operates or informaon about the trust or the contents of trust documents. The fact that a private trust relaon exists, who the pares are and the existence of trust documents are not necessary to keep private and can be made public. The contents however cannot, i.e. the res of the trust and the words used in the trust instruments and private noces.
2.7 Birth Trust Process
The root trust establishment process requires at least 3 public steps and at least 3 private steps, put simply they are public and private noces and a Deed and Indenture. The enforcement process requires all the documents necessary for an originang process for breach of trust including evidence and any authories relied on. The three public steps are: 1. Noce of claiming and transferring tle via UCC1 and UCC3 noce registraons. 2. Second noce in a publicaon or registry recognised as valid for legal noces. 3. Noce directly to the original receiver of the registraon applicaon (Births Registrar). The three private steps are: 1. Create a deed of trust. 2. Create a trust indenture. 3. Send noce of the trust to the trustee. 2.8 Wring the Documents In trust, we: Declare, Grant, Order, and Direct. For example I hereby; Declare - public side steps, Grant - certain property, Order - trust dues, Direct – trustee to perform
Public process documents: 1. UCCs: Declaraons 2. Public Noces: Declaraons 3. Noce direct to Birth Registry: Declaraons Private process documents: 1. Deed of Trust: Grantor Grants property and powers to the trustee. 2. Indenture: Grantor Orders Trustee to execute the powers of the trust in certain ways. 3. Noce of Interest: Beneciary Directs the Trustee to perform the trust dues. 3 Step private noce process: 1. Noce of Interest and Express Trust 2. Noce of Breach of Trust 3. Cercaon of Breach of Trust 2.9 Giving Noce
Send the Private Noce via registered post to the Head Ocers of the 3 Federal and 3 State Government Branches: State Government: Head of Execuve - (Secretary to DPC) D PC) or state administrator/special minister Head of legislave - Legislave Council/Senate, noce to Aorney general + Governor Head of Judicial - Supreme Court Chief Jusce - Execuve of the Judicial Administrave Council? Back Oce Accountant - Secretary of the Treasury, (Head administrave ocer of the Treasury) Governor - Send a copy of the private noce with unique cover leer stang it has been sent to all three branches. (Commonwealth countries only)
Page 7 of 21 Send copies of the public noce noc e to the Government Departments for State Benets or Licenses or Accounts A ccounts for dealing with State Government. Federal Government: Head of Execuve - (Secretary to PMC) PM C) or Commonwealth administrator/special minister of state Head of Legislave - Commonwealth Senate , noce to Aorney general + Governor General Head of Judicial - HC CJ - …………… + Privy Council/Queens Bench, Judicial Administrave Council? Back Oce Accountant - Secretary of the Treasury, (Head administrave ocer of the Treasury) Governor General - Send a copy of the private noce with unique cover leer stang it has been sent to all three branches. (Commonwealth countries only) Send copies of the public noce noc e to – Social Security (Department for Human Services - Medicare no., CRN), (ATO - TFN, ABN / IRS - TIN, EIN USA), Birth Register (Registrar of Births Deaths and Marriages - B.C., BRS / Director of Vital Stascs - B.C., Long Form USA) – Passport (Department of Foreign Aairs and Trade / Secretary of State USA) 2.10 Reasons for Nocing These Ocers
Private Noce to the Three Heads of each branch of State and Federal Governments eecvely puts the government on noce and recognizes that the separaon of powers means that the heads of the separate branches of government need separate noce, as they share responsibility. However, noce to one trustee is noce to all trustees and noce to principle is noce to agent. Noce to the Back oce Accountant is to eecvely Noce the party within or acng on behalf of the Governments being responsible for and having the control over the accounts oce which has the capacity to provide the accounng. Public Noces to Government Departments are to eecvely put on noce those pares who we can idenfy have a reason to be made aware of the existence of the private relaon as acc accounts ounts relate to them. 2.11 Conclusion
Once these steps are performed correctly, the beneciary is entled to enforce in a court of equity if the trust is not executed. The Trustee will likely disclaim the Trust and if this occurs we will need to enforce it on the execuve branch by exercising the power of the judicial branch through a court of inherent equity. Enforcement of non-statutory private trusts is solely in the trust er of the exclusive heading of the original inherent equity jurisdicon because the beneciary of and benecial rights to a private express trust cannot be seen at law (Pomeroy secon 218, 219).
Secon 3 - Enforcement Preliminary: For enforcement of the trust relaon and in order to operate the courts and their jurisdicons appropriately one needs to be aware of the structure and hierarchy of power and authority within the judicial branch of government.
(For: nding the original equity jurisdicon in the birth state and which court is currently exercising it; accessing the court’s procedures and powers; originang, maintaining and compleng an acon solely in the exclusive jurisdicon of equity; enjoining pares pares at the federal level o off government and seeking high higher er judicial power to make the trust orders valid against them.)
3.1 Authority and Law Form
Government exists primarily to protect property rights. So, in a property maer all that needs to be claimed and proven is; this is my property, I have a right to this property, give me my property. The Government has three branches; Legislave, Execuve and Judicial and the primary funcon of the Judicial branch, which is superior to the other two, is to keep the other two branches within their granted authority and the law. Hierarchy of Authority: God Man Government Corporaons and Enes God created man therefore man cannot be greater than God. Man created government therefore Government cannot be greater than man. Government created corporaons and enes therefore corporaons and
Page 8 of 21 enes cannot be greater than government. Operang under a general g eneral deposit one tle theory in the oce of an enty, one cannot be greater than government, g overnment, but under a special deposit two tle theory in trust as a man/woman one can be greater than government. The Hierarchy of Law: 1. Equity - what is based on "good conscience and good reason": (a) Exclusive equity - which has three ers: (i) Trusts, (ii) Specic performance (iii), Fraud, mistake, omission and accident. (b) Concurrent equity. (c) Auxiliary equity. 2. Common Law - "the law" (the English system based on the "will of the people") 3. Statutes (created by government, but must be "in accordance with law", that is, the Common Law) 3.2 Categories of the use of the word Jurisdicon
Geographical Locaon, Over the Person, Hierarchy of Courts, Subject maer, Area of Law, Equity and Law, Common Law and Statute. 3.3 Equity Jurisprudence
Equity is that which is fair, just and right and which in good conscience should be done. A court of equity administers claims by applying the maxims, principles and doctrines of equity which were developed by the old English courts of chancery prior to the three Judicature Acts of 1873-1876. For enforcement of a private trust you need to know which court the jurisdicon of Equity is vested in. The original jurisdicon of Equity to be used for the root trust for Australians is in the supreme court of the State your birth was registered in. The court of equity operates by the principles, maxims, doctrines and adjudicaon procedures of equity and not by the law, so a pleading made in this jurisdicon would rely for its merits on the authoritave learned opinions of the authors of textbooks on equity and not laws or precedents and one would do this by referencing the secons of such books which dene the principle or maxim one is claiming. The maxims are the ‘Legum Leges’ or ‘Laws of Laws’ and are the proof and need no proving, however there are always nuances and condional excepons to a certain maxim which may apply and the applicaon of the other maxims to the point at issue. 3.4 Finding the Equity Jurisdicon
For enforcement of the birth trust you need to know where the jurisdicon of Equity is in the state your birth was registered and this is how to nd the Inherent Equity Jurisdicon in your State: 1. Find the original documents that convey the judicial power in the colony your state once was and nd out if it conveyed an inherent equity jurisdicon into the colony. If so, that should be the inherent equity you’re looking for, then then you need to nd where where equity is now administered in the modern courts. 2. According to the US constuon and federal instruments, in a general sense equity is administered by the state circuit courts. 3. Then the state judicial administrave council may have moved it. The history of their acons in seng or moving jurisdicons will let you know if they moved the jurisdicon or set special terms for Equity sings. 4. The historical record for the judicial council for the state or an annotated textbook about same should indicate when and how this was done. 5. One can also ask a law librarian. (This is for the USA - For a Commonwealth realm country it should be in the Supreme Court - but you have to check by researching the history of the equity jurisdicon of the geographical area your birth was registered in. For other countries, the same methods can be employed to research this queson, but it needs to be done to ensure you are ling in the right court, i.e. one which possesses the inherent jurisdicon of equity.)
Page 9 of 21 If you currently reside outside the state you were registered in, you may be able to send your originang process applicaon to your birth state court of equity and appear at any hearings via teleconference from a court in the state you reside in. You may also be able to get a court of equity in the state you reside to exercise the jurisdicon of the court of equity in your birth state and take on the whole maer itself. 3.5 Accessing the Equity Jurisdicon
To access the jurisdicon of Equity you must make a claim which is cognizable in exclusive equity (claim and relief are in exclusive equity jurisdicon), and it must be made in a court which possesses the inherent equity jurisdicon. There may be other requirements in order for the court to hear purely equitable maers such as not having any legal claims, seng a special term, overcoming the other party's objecons and equies, being in breach of any of the restricve maxims, not specically pleading and proving all the necessary elements of your case, not seeking relief that the court can grant for any reason. You cannot mix equity and trust methods with any other methods or it may not be enforceable. You can however switch to these methods at any point. How to get into Equity: 1. Plead Special Maers (Exigent Circumstances, Special Relaon) 2. Cause of Acon (1 of the 33 Children of Equity - sec 25 Gibson’s Suits in Chancery) 3. Relief Orders Sought (something only Equity can provide i.e. Discovery, Injuncon, Specic Performance - Exclusive Equity) It is always in the hands of the court to set jurisdicon, it is the court's power and prerogave and the court will set by thethe jurisdicon sees twhat by the subject maer suit is in the cause of paperwork. acon and the sought applicantas noit maer the applicant saysoforthe asks forwhich or has their ling It isrelief a steadfast principle that the cause of acon and relief are the two things which always sets the jurisdicon of the court for proceedings and these are the substance of the case and the court will determine and decide this for itself from what is submied in the peoning party's pleadings. The cause of acon usually arises from a grievance under a relaon between the pares to the suit. The court will however look to an instrument governing a relaon to see if there is an agreement to a certain jurisdicon or court for the resoluon of disputes arising from that relaon but this does not prevent a party to said relaon from peoning any appropriate jurisdicon of any appropriate court under any other exisng right that they possess. Challenge to jurisdicon can usually be brought up at any me by any party to a suit and the court must hear and determine such a challenge immediately. Most court rules have a secon dening these procedures. 3.6 Proceedings in Equity
The three preliminary steps to consider before proceedings in equity are: 1. Find where Equity is administered in the jurisdicon of the registraon. 2. Use the modern combined rules, forms , Acts and pracse direcons (ordinary court procedure) to iniate proceedings for breach of trust. 3. Apply for a sealing of the record to protect the private trust maers from the general public. The plain sets the jurisdicon for any a ny acon and there are two things which work together to set the jurisdicon of any maer and they they are the cause of acon and the relief sought. Two things a proceeding in equity must adhere to in order to access the exclusive jurisdicon are: 1. The cause of acon must be one which is within the exclusive jurisdicon of equity, i.e. a trust breach. 2. The relief sought must be in a form which is only exercisable by the jurisdicon of equity, i.e. specic performance of the trust. Therefore the enforcement of a trust established under a mistaken construcon of intent must be made in the exclusive jurisdicon of equity of a court possessing such, for the court to be able to exercise this jurisdicon, recognise the trust and mistaken construcon and issue the specic performance orders sought. 3.7 Draing pleadings
Page 10 of 21 When draing pleadings, present the facts that establish the rights you possess and then establish that the rights entle you to the relief you seek. Follow the court rules and forms for an originang process for the form of the ling and put the Bill in Equity pleadings in this format. The theory of the Bill in Equity is to prove the establishment of the trust and prove the entlement to specic performance of the trust dues. Therefore the bill needs to prove trust and ask for validaon of trust, and then show the rights and dues of the trustee, claim a breach of trust and prayer for specic performance of such. A Judge wants to see these three things answered in a pleading: 1. What do you want?' - Recognion of trust, grant relief by restraining breach of trust and specic performance of the trust dues; 2. Why should the Judge give it to you?' - Establish the relaon, rights and dues, violaon, damage caused; 3. How can the Judge give it to you?' - Establish relaon and rights exist in jurisdicon, power of court to exercise jurisdicon, grant the relief sought. Your Bill in Equity must include these things: 1. Sealing of the record 2. Seng Jurisdicon by relaon 3. State the cause of acon 4. Prove Trust and claim a breach of trust by the non-performance of the trustee dues. 5. Prove the Equies between the pares and State the Facts Specically. 6. Applicaon of the maxims and principles of Equity in support of the reasoning. 7. Plead entlement to the relief sought that is exclusively in Equity (Specic performance) 3.8 Resources
Resources for court procedure: Read your birth state equity court's act and rules for; originang process, evidence, procedure, demurrers and relief. Equity Court Act, Rules and Pracse Direcons. D irecons. A text book on Civil Procedure for your birth state. Jurisdiconary. Resources for authors principles and maxims:who are learned authories to quote in support of the applicaon of trust and equitable Trusts: Gilbert Law Summaries: Trusts, Edward Halbach Jr (black/statutory Trusts). Lewin - A Praccal Trease on the Law of Trusts (1889) (white/private Trusts). Ausn Wakeman Sco - Sco on trust Equity: The Maxims of Equity from various authors - The maxims are the ‘legum leges’ (laws of laws), they are the proof and need no proving. The maxim, equity regards as done what ought to be done is the source of all equitable property and legal tles Pomeroy - A Trease of Equity Jurisprudence (1905) (the 'bible for Equity' in theory/philosophy) Sir Henry Gibson – A Trease on Suits in Chancery (1905) (the 'bible in equity' for applicaon in courts). Joseph Story - Commentaries on Equity Pleadings, and the Incidents Thereof (philosophy/theory in relaonship for court proceedings).
Page 11 of 21 Charles E. Phelps - Juridical Equity Abridged, for the use of students (maxims for use in Courts, e.g., enabling and restricve maxims; note, only 12/13 as dierent to the regular 20). Edmund H. T. Snell - The Principles of Equity 1885
Secon 4 – Administraon of the Birth Trust 4.1 Administraon
In the administraon of the birth trust, we are administering both the legal and equitable tles to our birth estates held by government and for each step we need to create two types of records; a noce of Intent/interest (NOI) and a statement of intent/interest (SOI). An example of this is that the public noces are NOI’s and the private noces are SOI’s. In establishment and enforcement the only thing which is necessary to explain in detail is the descripon of the property being the assets of the estate and res of the trust, the past present and future debts aached to the legal name, the birth tle registraon process and the expressed birth trust. Don’t let personality or personal issues interfere with the process. 4.2 Breach of trust aer establishment and enforcement
Once the trust is recognised and operang correctly, c orrectly, the Trustee most probably will not breach trust. However you can breach your own trust by divulging any of the private trust informaon to someone who is not a party to the trust, or by comingling which is performing a business or trade in the legal name and possibly using the trust funds for something other than the trust purpose which is solely for your maintenance. 4.3 Change of Status
The status change once the root trust process is completed is that you’ve segregated your relaonship with government from all other individuals in your country c ountry and exnguished the debt and you can no longer perform a business or trade in the domesc economy (which go hand in hand) which means you’re no longer co-mingling and are fully segregated forever more (so long as you don’t comingle back in) and no longer a debtor by default with diminished sovereignty rights. This does not mean you are a creditor or a sovereign but that you now possess all legal and equitable rights in full and without restricons such as fees and taxes secured under a trust relaon. Your maintenance can be provided for by disbursements from the trust as private sourced credit into an account for you to use for purchasing goods and services to provide for your maintenance. Real authority is the power to choose c hoose and this is only fully available under an oce possessing a benecial tle or right such as the beneciary of a trust, legal tle is merely a discreonary power at best. Trust is a two tle theory, all other processes out there in the commercial redempon movement never really gain control c ontrol of the assets created from a birth registraon because they are only claiming rights under a one tle tle theory. In future, hold all legal property in a trust, either with the registering authority or set up a separate trust for each major item of property i.e. houses, vehicles, bank acc., passport etc. 4.4 Purpose of Expressing the Birth Trust
The purpose of performing the root trust process is to merge tles in trust for exnguishment of all past present and future debt aached to and arising from f rom your legal name, which includes all the past preconstuon war debt, all the present current naonal debt and all current and future liabilies and debts of the beneciary of the trust for life and to provide disbursements of funds into a regular bank account for this purpose. In the deed and indenture, the purpose of the trust is to convert the asset to provide for the maintenance of the beneciary. What that means is enough of a disbursement to provide for all the purchases the beneciary will make in their lifeme. Any individual purchase the beneciary makes is at the beneciary's discreon and so long as the purchase does not form part of an acvity constung a business or trade then it is in keeping with the trust purpose. The beneciary can buy anything they want for whoever they want, the disbursements are theirs to do with what they wish and not only is there no reason to make anyone else a beneciary but it will be against the necessary element of the trust purpose being segregaon from all other accounts and individuals to do so.
4.5 What you need to know to use Trust and Equity Procedures
Hierarchy of the informaon:
Page 12 of 21 1. Civil Procedure Law - causes of acon, court rules, evidence rules, private administrave process, NOI/SOI. 2. Trust Law / Private Trusts 3. Equity Jurisprudence 4. Moving tles plaorm, - CW 5. NTT (Merging tles in trust and exnguishing debts) – CW 6. Debtor-Creditor Law (Commercial Law - so you know what not to do) Hierarchy of authority on the informaon: 1. Real Events and Circumstances 2. Equity Authors 3. Courts and Jusce System 4. CW and the Author of this Guide
4.6 Other Processes and Concepons
There are only three pares to a trust and these are the Grantor, the Trustee and the Beneciary. All other tles are an oce exercising a dierent capacity to what this Birth Trust process uses and most oen it is a role which is an agent of the trustee. Do not mix the oces, processes and cconcepts oncepts in this Birth Trust process with any other methodology and avoid processes which seek to employ acng as or in the capacity of any of the following oces, which are not by necessity a party to a trust: Selor - Anyone exercising Grantor’s powers including the Grantor aer granng the res and the trust vesng. Grantee - Anyone receiving a grant Executor - Anyone execung Trustee dues but not necessarily the trustee All are merely an agent for a party to a trust under a legal authority. All trustees are duciaries but not all duciaries are trustees, or a party to a trust. There is no need to make any changes (including grammacally) to the name of one’s legal identy in relaon to the birth trust process outlined herein, the legal name is merely a tle poinng to certain property held privately. There are 3 ways to legally change a name: 1. By deed poll, 2. By marriage or 3. By common usage. This process requires that we idenfy by our name but this is just for common usage purposes in negoaon of the relaon and for personal jurisdicon in court. A name is just a legal tle represenng a specic real thing. You can make your name anything you want, it doesn't change anything to do with status, because its purpose in law is to be used as one of a bunch of elements which disnguish individuals from one another. 4.7 Dierences in Jurisdicons and Birth Trust Processes
The Birth Trust Process diers from what CW said to do to execute the root trust. The following is a list of such and what may be dierent for people in Commonwealth jurisdicons as opposed to American jurisdicons: 1. Public noce not to vital stascs but to the President of America. 2. Applicaon for a replacement Social Security card signed as grantor. 3. Claim the Declaraon of Independence. 4. The court of equity was pre-established in the colony - then assigned into the state and then may have been moved from there. 5. UCC1 and UCC3 second witness in the county recorder. 6. Terms not included in the process; Special Deposit, Equitable Conversion. 4.8 Quesons to Answer
Q: Why are you doing this, and why now?
Page 13 of 21 A: I was ignorant of my right because it has always been my intent to retain benecial rights, it was always my right as per my intent, the suspicion has now arisen and I am now coming to enforce. Q: What right do you have to make a special deposit (trust deposit)? A: The fact that you have claimed via your valid public records and perfected full rights to that which you are granng under a Trust arrangement, and possess the records to prove such (before aempng to special deposit) Q: What right do I have to be granng property in Trust nunc-pro-tunc (‘now for then’ or 'back to the beginning') via a deed now? A: It is my property (my body and aachments to and proceeds therefrom). My mother did this on my behalf. (One can only grant that which they own or what they have the right to). Now that I have come of age I have the right to correct the record because of a mistake due to ignorance (mistaken construcon of my intent due to my ignorance of the right to and my duty to correct it). Q: What is the nexus between the public and private? A: The private trust is the benecial interest holder of the public trust. The public trust is claimed as proceeding from the private trust (a sub-trust) and will receive the disbursements from the private trust. Therefore, the trustee of the private trust is also trustee of the public trust (legal identy). Q: What right do you have to do anything private? A: Under a change in the nature and character of my relaon with government from a mistaken construance of my intent for it to be a guardian and ward relaon, to an individually segregated private express trust which entles me to the specic performance of execuon of the trust dues in full.
Secon 5 - Document and Record Keeping Instrucons 5.1 All Documents
Ensure they contain all the elements necessary for the type of document intended. Keep all originals and send others copies or alternavely, make duplicate originals with unique serial ID numbers and send others a duplicate original. (Except Trust Res property instruments - Send others originals but always keep copies) (Only the holder of an instrument can verify its veracity) Ensure dates, signatures, witnesses and notarising are present for any document they are required for. (The endorser is the maker and the maker is the owner of the document) Keep your documents and copies in an ordered fashion in a safe and convenient c onvenient place for future retrieval and keep copies elsewhere as a backup if necessary, just in case c ase the originals are lost. When sending documents to other pares, always use a registered mail system if it will be required to prove that you sent it and get a return conrmaon record if it will be required to prove that the other party received it. 5.2 Condenal Documents
Include “Private and Condenal” at the top of the document and on the envelope. Withhold disclosure of condenal documents without a condenality arrangement or sealed record in court. 2 Private witnesses for documents which require witnesses. 5.3 Leers / Legal Communicaon
Heading Informaon + Pro Forma Always use registered registered post for proof of mailing and / or delivery as necessary.
--------------------------------------------------------------------------------------------------------------------------------Date:
(dd/mm/yy)
Ref:
(other party’s reference numbers)
From:
(Name, Title, Address)
Page 14 of 21 To:
(Name, Title, Address)
Cc:
(Name, Title, Address)
Re:
(Brief descripon of what the leer is about)
Title Body of Leer -
Order - (Introducon, History, Current Informaon, Arguments, Spulaons, Requests, Conclusion)
Signature -
(Only use trust tles or reservaons on trust documents documents – e.g. only use: by Grantor, Trustee or Beneciary to qualify your signature or use an ellipsis “…” if trust pares are
Contact Cont act Details:
unacceptable) (Ph, Email)
Aachments: - Copies of previous communicaon. - Records proving back story and current situaon. - Records proving facts claimed. - Copies of Communicaons with other pares. --------------------------------------------------------------------------------------------------------------------------------Notes - Number each page as a serial (page 1 of 3, 2 of 3, etc….) - Number each paragraph and Keep each paragraph to one parcular point. - Keep it brief and to the point, include all necessary informaon, make clear c lear premise-argument-conclusion premise-argument-conclusion ordered statements. - Be clear about what the communicaon or document is about, what your posion is and what you want and aempt to negoate and arrange the next steps. - Follow the Honour / Dishonour principles. (1.Silence, 2.Argument / 3.Condional Acceptance, 4.Full Acceptance) - Endorse documents with a statement proving authencity and your signature. - Always be aware which party you are acng as when performing an acon or endorsing an instrument in relaon to a trust. (i.e. Grantor, Trustee or Beneciary) - Keep all originals except trust res instruments. 5.4 Principles for Procedure - (Victoria Joy)
Honour/Dishonour. Develop Discernment. Denions before Explanaons. You don’t know what you don’t know. Last is First - First is Last - on documents. LIFO - Last In First Out – in court. 4 Possible Responses - (Silence, Argue / Condional Acceptance, Full Acceptance). (Dishonour/Honour) Condional Acceptance - how to - Controversy in Court. Negave Averment for Statements/Adavits - (3,4 not 2,1) Shis the burden of proof. ‘I am a man’ becomes ‘A man not am I’. Agreement of facts via Negave Averment and Timed Estoppel leaving No Controversy.
Page 15 of 21 That which is true, need not be said - Don’t bring it up if you don’t want to argue about it or have to prove it or have it work against you. He who claims must prove. (Except beneciaries for breach of trust once trust is proven) Evidence or leers issued by notary presentment are admissible and get straight past the hear-say rule. Double Mindedness - Acons Prove (must match) Your Intent, not what you say. Intent vs. manifestaon of intent. Noce to Principle is noce to Agent and vice-versa. Avoid Touché Taccs. Know Who You Are. Rebut any presumpons. Moon to strike their evidence or their claims by way of a rule or by superior equitable right. Always answer any thing they do or you waive your right to (i.e. object with grounds). What are they saying, what aren’t they saying. What are you saying, what needs not be said (truth). Facts in court are legal cons (tles). Facts in court are contextual. Balance of probabilies principle in Civil Jurisdicon. Beyond reasonable doubt principle in Criminal jurisdicon. Repeat your stance 3 mes when an aempt is made to get you o stance.
Secon 6 - Appendix 6.1 Disclaimer / Trust Example
Take NOTICE and ACKNOWLEDGEMENT with agreement that this communicaon and/or documents is PRIVATE, and not to be construed or relied upon as being legal advice for any individual legal situaon or employed for making legal decisions, and you will not use any of this informaon for making a legal decision or performing a legal procedure, and is not a substute for legal advice and/or guidance by a licensed aorney. This private communicaon and/or documents are for academic, informaonal purposes only to be used at your own risk, without liability to the author. By accessing or reviewing this communicaon, or using the documents therein, you understand with agreement that, with all rights reserved, without prejudice, the author is not an aorney licensed to pracce law in the State of South Australia, or any other State, and has not given legal advice, or accepted fees for legal advice, provided no assistance, advising, or guidance g uidance of any kind, for use by non-aorneys or pro se pares in the preparaon or use of the therein referenced, and has no interest in any issue referenced to it therein, and is not a party to this, or any acon arising from, and is only acng as an authorized capacity as liaisons to communicaons between the pares. By reading and/or using this informaon you acquire knowledge, and agree that you are not a client of the author. These documents and communicaons are incomplete and void without this NOTICE AGREEMENT being aached herein by reference, and a breach of this agreement. Upon breach of this agreement, the breaching party becomes liable for ADMIRALTY COMMERCIAL DAMAGES of $100 million dollars per stulcaon or impairment per the author’s discreon. Thank you for your under-standing. (The author’s intent is to keep this communicaon and informaon strictly private, condenal and non-commercial.)
Page 16 of 21
6.2 Diagrams and Explanaons
Root Trust Process Diagram:
Page 17 of 21
Dual Accounng Diagram:
Page 18 of 21
Page 19 of 21
Root Trust Expression Diagram + Dual Accounng Diagram Explanaon The dual accounng diagram shows how on the public side a set-o and a discharge only ever aect the debts. Under a private trust, we are able to claim all that was created ffrom rom the registraon and the signature and apply it to the debt as a merger of tle in trust which exnguishes it and is only enforceable in Equity as a benecial right in trust. (When the legal and equitable tle to a trust are vested in one party, the trust terminates, the debt is exnguished and the remainder is disbursed to the beneciary.) We can do this without terminang the trust, by assigning only the poron of the interest in the assets which is necessary to exnguish the debt. The root trust process diagram shows how once we correct and update the relaon, we have a trustee on the private side with the duty to perform the accounng a ccounng for us. What we are aempng is to gain the right to all the foreign sourced credit and exnguish the debts. The UCC's don't claim anything, they are a noce in the public of a private claim, which goes directly to the one the original gi/grant (birth registraon) was to. The Birth Cercate we receive is not really a tle it is a cercate of tle, the registraon applicaon doc is a survey which once registered creates a tle, the Birth Cercate we receive is an extract of a registered event which is a record of a birth event and is not a proper cercate of deposit. What I'm going to ask the trustee to account for is if a cercate of deposit was originally created and where it has gone now. That’s how to trace the interests which are derived from the registraon. It's not the records we hold which are important, it’s the records which they created that we have never seen which are important and will lead to all the security interests. This is what we want a tracing and accounng of as a benecial right in trust.
Australian Federal Government Structure Diagram:
Page 20 of 21 6.3 Document Types and Their Required Elements Establishment - (of the trust and the right to performance)
Title – A wrien memorandum of a claim to property at a certain point in me. - ID, Name, Descripon (meets and bounds), and Tenure – (Public or Private) UCC1 and UCC3 Noce Filings – A Public noce type UCC register ling. - Must contain the verbiage of the claiming and transferring statements. - Mark the box which indicates they are a noce. Public Noce – Judicially recognised noce to all interested pares to be relied upon for legal eect. - Must be on a legally recognised public noce register. - Evidence is a copy of the publicaon itself. Adavit – Asservaon of truth of a deponent to be used as evidence of the facts aested to therein. - Must be in the format f ormat for the court expected to be used. - Must be indorsed with a public ocial witness – i.e. JP or Notary. Noce of Interest – A private leer giving noce to the holder of property of an exisng interest in that property. - include all informaon intended to be relied on later in court for noce thereof. - Makes specic requests - Indorsed Condenality Arrangement – Agreement to condenality over certain private informaon. - Can be mutual or single party. - Protects both pares against breach of trust or the public disseminaon of private informaon. Deed – Record of the granng of tle to property or an interest therein. - Granng, habendum, jurisdicon clauses, signed sealed and delivered. Indenture – Agreed undertaking of a trustee to perform the trust dues. - Incorporated into deed by reference. Assignment Declaraon – An undertaking by an individual to part with property or an interest in property. - Describe property and type of interest. Bond – A wrien undertaking to do a thing based on a condion precedent. Applicaon – A request for an authority to do something. -
Page 21 of 21 Enforcement - (of the trust and the right to performance)
Bill in Equity for: - De Decla clara rato tory ry Judg Judgem emen entt
(If tr trus uste tee e indi indica cate tess the theyy lack lack the the ex exec ecuv uve e po powe werr to to p per erfor form) m)
- Breach of Trust
(If trustee fails to perform or disclaims trust)
Court rules, Forms: - Originang Acon
(Correct form and Procedure)
- Interlocutory Applicaon
(Heard immediately to avoid waste, special exigent circumstances)
- Seal Record
(To protect Private Condenal Informaon)
- Entering Evidence
(Correct form and procedure)
6.4 Glossary of Terms
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