Re: [tips_and_tricks] Re: Tea - Re: [citizensoftheUSofA] all those who doubted the existence of all caps
- In these evil days, all of the so called courts of the State that I know
of are administrative forums of limited jurisdiction given by statute.
If you have and can prove the character and capacity which you claim,
then you have a right to a forum in which fundamental rights have
standing and will be recognized by the process.
It is not enough that you announce your character and capacity. You
must also bring your law with you, law which will be foreign to the
State courts of today. That is to say, the Constitution for the United
States of America and the Rights and Constitutions of the State under
which you claim character and capacity. You must prove them according
to their rules of evidence.
We must consider what did a freeman do who was summoned by name to a
borough court in a false character and capacity, as a villein, for
instance. And with the evidence mentioned above in the record, you are
in position to claim conusance in order to change the forum. Cognitio
placitorum, when the plea is commenced in one court, of which conusance
belongs to another.
Your fundamental rights and constituted rights are due hearing in a
forum bound to take cognizance of them. On the authority of Holmes
writing for the court. It may be the matter ought to be remanded to the
clerk for assignment to the constitutional county court, rather than
dismissed. But that is conjecture on my part. If there is no
constituted forum bound to have cognizance of your fundamental and
constituted rights, that's the plaintiff's misfortune. It may be a
forum convened by the sheriff is his proper forum.
I have appended some additional entries relation to caption, just
f.y.i., as some fashion of a state of belligerence or war seems to be a
permanent thing since the days of Lincoln. Particularly in matters
involving vehicles, there is no question there is an arrest and
detention very like a capture of a vessel, if not precisely so.
CONUSANCE, CLAIM OF, English law. This is defined to be an intervention
by a third person, demanding judicature in the cause against the
has chosen to commence his action out of claimant's court. 2 Wilson's R.
2. It is a question of jurisdiction between the two courts Fortesc. R.
157; 5 Vin. Abr. 588; and not between the plaintiff and defendant, as in
case of plea to the jurisdiction, and therefore it must be demanded by the
party entitled to conusance, or by his representative, and not by the
defendant or his attorney. Id. ibid. A plea to the jurisdiction must be
pleaded in person, but a claim of conusance may be made by attorney. 1
3. There are three sorts of conusance. 1. Tentere placita, which does
not oust another court of its jurisdiction, but only creates a concurrent
one. 2. Cognitio placitorum, when the plea is commenced in one court, of
which conusance belongs to another. 3. A conusance of exclusive
jurisdiction; as that no other court shall hold plea, &c. Hard. 509 Bac.
CONUSANT. One who knows as if a party knowing of an agreement in which
he has an interest, makes no objection to it, he is said to be conusant.
CAPTION, practice. That part of a legal instrument, as a 'Commission,
indictment, &c., which shows where, when, and by what authority it was
taken, found or executed. As to the forms and requisites of captions, see 1
Murph. 281; 8 Yerg. 514; 4 Iredell, 113; 6 Miss,. 469; 1 Scam. 456; 5 How.
Mis. 20; 6 Blackf. 299; 1 Hawks, 354; 1 Brev. 169.
2. In the English practice, when an inferior court in obedience to the
writ of certiorari, returns an indictment into the K. B., it is annexed to
the caption, then called a schedule, and the caption concludes with
that "it is presented in manner and form as appears in a certain indictment
thereto annexed," and the caption and indictment are returned on separate
parchments. 1 Saund. 309, n. 2. Vide Dane's Ab. Index, h.t.
3. Caption is another name for arrest. CAPTIVE. By this term is
understood one who has been taken; it is usually applied to prisoners of
war. (q.v.) Although he has lost his liberty, a captive does not by his
captivity lose his civil rights.
CAPTOR, war. One who has taken property from an enemy; this term is also
employed to designate one who has taken an enemy.
2. Formerly, goods taken in war were adjudged to belong to the captor;
they are now considered to vest primarily, in the state or sovereign, and
belong to the individual captors only to the extent that the municipal laws
3. Captors are responsible to the owners of the property for all
and damages, when the capture is tortious and without reasonable cause in
the exercise of belligerent rights. But if the capture is originally
justifiable, the captors will not be responsible, unless by subsequent
misconduct they become trespassers ab initio. i Rob. R. 93, 96. See 2 Gall.
374; 1 Gall. 274; 1 Pet. Adm. Dee. 116; 1 Mason, R. 14.
CAPTURE, war. The taking of property by one belligerent from another.
2. To make a good capture of a ship, it must be subdued and taken
enemy in open war, or by way of reprisals, or by a pirate, and with intent
to deprive the owner of it.
3. Capture may be with intent to possess both ship and cargo, or only
to seize the goods of the enemy, or contraband goods which are on board:
former is the capture of the ship in the proper sense of the word; the
latter is only an arrest and detention, without any design to deprive the
owner of it. Capture is deemed lawful, when made by a declared enemy,
lawfully commissioned and according to the laws of war; and unlawful, when
it is against the rules established by the law of nations. Marsh. Ins.
c. 12, s. 4.See, generally, Lee on Captures, passim; 1 Chitty's Com. Law,
377 to 512; 2 Woddes. 435 to 457; 2 Caines' C. Err 158; 7 Johns. R. 449; 3
Caines' R. 155; 11 Johns. R. 241; 13 Johns. R.161; 14 Johns. R. 227; 3
Wheat. 183; 4 Cranch, 436 Mass. 197; Bouv. Inst. Index, h.t.
CAPIAS AD RESPONDENDUM, practice. A writ commanding the sheriff, or
other proper officer, to "take the body of the defendant and to keep the
same to answer, ad respondendum, the plaintiff in a plea," &c. The
amount of bail
demanded ought to, be indorsed on the writ.
2. A defendant arrested upon this writ must be committed to prison,
unless he give a bail bond (q.v.) to the sheriff. In some states, (as,
until lately, in Pennsylvania,) it is the practice, when the defendant is
liable to this process, to indorse on the writ, No bail required in which
case he need only give the sheriff, in writing, an authority to the
prothonotary to enter his appearance to the action, to be discharged from
the arrest. If the writ has been served, and the defendant have not given
bail, but remains in custody, it is returned C. C., cepi corpus; if he have
given bail, it is returned C. C. B. B., cepi corpus, bail bond; if the
defendant's appearance have been accepted, the return is, "C. C. and
defendant's appearance accepted." According to the course of the
common law, the writ bears teste, in the name of the chief justice, or
presiding judge of the court, on some day in term time, when the judge is
supposed to be present, not being Sunday, and is made returnable on a
regular return day. 1 Penna. Pr. 36; 1 Arch. Pr. 67.
Michael Noonan wrote: