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Re: [tips_and_tricks] Re: Tea - Re: [citizensoftheUSofA] all those who doubted the existence of all caps

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    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
    Message 1 of 3 , Aug 31, 2006
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      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
      plaintiff, who
      has chosen to commence his action out of claimant's court. 2 Wilson's R.
      409.
      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
      the
      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
      Chit.
      Pl. 403.
      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.
      Ab.
      Courts, D.

      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.
      Co.
      Litt. 157.


      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
      stating,
      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
      provide.
      3. Captors are responsible to the owners of the property for all
      losses
      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
      by an
      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:
      The
      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.
      B. 1,
      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
      practice at
      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:
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