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Get some more oaths

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  • Patrick M
    You should also be able to get copies from the court s PERSONNEL department. While you re at it, you might consider requesting from the COUNTY RECORDER the
    Message 1 of 1 , May 9, 2007
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      Re: Fwd:

      You should also be able to get copies from the court's PERSONNEL department.

      While you're at it, you might consider requesting from the COUNTY RECORDER the OATHS OF OFFICE of the ALLEGED "police officer" and ALLEGED district attorneys in question as well as those of all of the ALLEGED "chiefs of police" in your county.

          GOVERNMENT CODE 1192.  When not otherwise provided for, within 10 days after receiving notice of their appointment, deputies and other subordinate officers shall take and file an oath in the manner required of their principals.

          http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=01001-02000&file=1190-1195 

          GOVERNMENT CODE 1360.  Unless otherwise provided, before any officer enters on the duties of his office, he shall take and subscribe the oath or affirmation set forth in Section 3 of Article XX of the Constitution of California.

          GOVERNMENT CODE 1363.  (a) Unless otherwise provided, every oath of office certified by the officer before whom it was taken shall be filed within the time required as follows:

             (1) The oath of all officers whose authority is not limited to any particular county, in the office of the Secretary of State.

             (2) The oath of all officers elected or appointed for any county, and, except as provided in paragraph (4), of all officers whose duties are local, or whose residence in any particular county is prescribed by law, in the office of the county clerk of their respective counties.

             (3) Each judge of a superior court, the county clerk, the executive officer or court administrator of the superior court, and the recorder shall file a copy of his or her official oath, signed with his or her own proper signature, in the office of the Secretary of State as soon as he or she has taken and subscribed his or her oath.

             (4) The oath of all officers for any independent special district, as defined in Section 56044, in the office of the clerk or secretary of that district.

             (b) Every oath of office filed pursuant to this section with the Secretary of State shall include the expiration date of the officer's term of office, if any.  In the case of an oath of office for an appointed officer, if there is no expiration date set forth in the oath, or the officer leaves office before the expiration date, the appointing authority shall report in writing to the Secretary of State the officer's date of departure from office.

          http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=01001-02000&file=1360-1369 

          GOVERNMENT CODE 1770.  An office becomes vacant on the happening of any of the following events before the expiration of the term:

          (i) His or her refusal or neglect to file his or her required oath or bond within the time prescribed. (rest omitted)

          http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=01001-02000&file=1770-1782

      After all, NO OATH means NO OFFICE and NO LAWFUL authority and therefore NO IMMUNITY, doesnt it?

          "Given the basic purpose of the oath it follows in reason that the requirement of execution of the oath "before" entering upon the duties to be undertaken establishes the execution of the oath as a condition precedent to a lawful undertaking of those duties. It becomes, in a sense, a matter of eligibility, for one who cannot take the oath, in effect, is rendered ineligible for public employment. (Cf. Reed v. Hammond, 18 Cal.App. 442 [123 P. 346]; Searcy v. Grow, 15 Cal. 117.) While the employment which is the subject of this appeal is undoubtedly not a "public office" as contemplated by Government Code, section 1303 (Hirschman v. County of Los Angeles, 39 Cal.2d 698 [249 P.2d 287, 250 P.2d 145]), nevertheless the importance of the oath of office as a prerequisite in the eyes of the Legislature is indicated by its action in declaring the exercise of the function of a public office before taking the oath of office to be a misdemeanor.

          ...

          When called upon to construe laws requiring execution of the oath and filing of a bond within a certain period of time the California courts have held them to be mandatory (see Norton v. Lewis, supra, 34 Cal.App. 621; People v. Perkins, 85 Cal. 509, 511 [26 P. 245]; Hill v. New Amsterdam Casualty Co., 105 Cal.App. 156, 158-159 [286 P. 1103, 158 A.L.R. 639])."  Smith v. County Engineer , 266 Cal.App.2d 645 (1968)

          http://login.findlaw.com/scripts/callaw?dest=ca/calapp2d/266/645.html 

          "[3] Under a constitutional government such as ours, there can be no such thing as an OFFICE DE FACTO, as distinguished from an OFFICER DE FACTO. Hence, the general rule that the acts of an officer de facto are valid has no application where the office itself does not exist. BOYER v. FOWLER, 1 Wash. Terr. 101 (1860); 3 E. McQuillin, THE LAW OF MUNICIPAL CORPORATIONS 12.104 (3d ed. rev. 1973); DE JURE OFFICE AS CONDITION OF A DE FACTO OFFICER, Annot., 99 A.L.R. 294 (1935)."  HIGGINS v. SALEWSKY, 17 Wn. App. 207, 210, 211, 212, 213, 562 P.2d 655 (March 28, 1977).

          http://www.mrsc.org/mc/courts/appellate/017wnapp/017wnapp0207.htm  

      WHICH would make them both CRIMINALLY and CIVILLY liable under both state and federal law, wouldnt it?

          PENAL CODE 146.  Every public officer, or person pretending to be a public officer, who, under the pretense or color of any process or other legal authority, does any of the following, without a regular process or other lawful authority, is guilty of a misdemeanor:

             (a) Arrests any person or detains that person against his or her will.

             (b) Seizes or levies upon any property.

             (c) Dispossesses any one of any lands or tenements.

          http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=142-181

          PENAL CODE 236.  False imprisonment is the unlawful violation of the personal liberty of another.

          PENAL CODE 237.  (a) False imprisonment is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. If the false imprisonment be effected by violence, menace, fraud, or deceit, it shall be punishable by imprisonment in the state prison. (rest omitted)

          http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=236-237


          “In Peckham v. Warner Bros. Pictures, Inc., 36 Cal.App.2d 214 [97 P.2d 472], which was an action for false arrest and false imprisonment, it was held that it was the duty of one making an arrest without a warrant to bring the person so arrested before a proper magistrate without unnecessary delay, and if this was not done the officer or private person who made the arrest became a trespasser from the beginning, and was liable for false arrest and imprisonment. In that case plaintiff was incarcerated for almost 24 hours before being released and was never taken before a magistrate. It was held that the question as to whether or not an unreasonable time had elapsed after the arrest before taking plaintiff [93 Cal.App.2d 514] to a magistrate was a factual question for the jury. (See, also, Korkman v. Hanlon Drydock etc. Co., 53 Cal.App. 147 [199 P. 8801; 12 Cal.Jur. § 4, p. 433.) The Peckham case also cites 22 American Jurisprudence [1939], page 366, False Imprisonment, section 20, stating the rule to be: “‘It is the duty of an officer or other person making an arrest to take the prisoner before a magistrate with reasonable diligence and without unnecessary delay; and the rule is well settled that whether the arrest is made with or without a warrant, an action for false imprisonment may be predicated upon an unreasonable delay in taking the person arrested before a magistrate ..., regardless of the lawfulness of the arrest in the first instance ... an officer arresting a person without a warrant, as on view under statute, is liable for a false imprisonment where he detains the prisoner an unreasonable time without securing a warrant or other legal authority for his detention.’ (See, also, 22 Am.Jur. § 85, p. 412.)”  Kaufman v. Brown, 93 Cal.App.2d 508 (1949)

          http://login.findlaw.com/scripts/callaw?dest=ca/calapp2d/93/508.html

          "When the officers interrupted the two men and restricted their liberty of movement, the arrest, for purposes of this case, was complete. It is, therefore, necessary to determine whether at or before that time they had reasonable cause to believe that a crime had been committed."  HENRY v. UNITED STATES, 361 U.S. 98 (1959)

          http://laws.findlaw.com/us/361/98.html  

          GOVERNMENT CODE 1303.  Every person who exercises any function of a public office without taking the oath of office, or without giving the required bond, is guilty of a misdemeanor. (rest omitted)

          http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=01001-02000&file=1300-1303

          CIVIL CODE 52.3.  (a) No governmental authority, or agent of a governmental authority, or person acting on behalf of a governmental authority, shall engage in a pattern or practice of conduct by law enforcement officers that deprives any person of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States or by the Constitution or laws of California. (rest omitted)

          http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=00001-01000&file=43-53

          42 USC 1983. Civil action for deprivation of rights

          Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

          http://www.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00001983----000-.html

          42 USC 1985. Conspiracy to interfere with civil rights

          (3) Depriving persons of rights or privileges

          If two or more persons in any State or Territory conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; or for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws; or if two or more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified person as an elector for President or Vice President, or as a Member of Congress of the United States; or to injure any citizen in person or property on account of such support or advocacy; in any case of conspiracy set forth in this section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages occasioned by such injury or deprivation, against any one or more of the conspirators.

          http://www.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00001985----000-.html

          42 USC 1986. Action for neglect to prevent

          Every person who, having knowledge that any of the wrongs conspired to be done, and mentioned in section 1985 of this title, are about to be committed, and having power to prevent or aid in preventing the commission of the same, neglects or refuses so to do, if such wrongful act be committed, shall be liable to the party injured, or his legal representatives, for all damages caused by such wrongful act, which such person by reasonable diligence could have prevented; and such damages may be recovered in an action on the case; and any number of persons guilty of such wrongful neglect or refusal may be joined as defendants in the action; and if the death of any party be caused by any such wrongful act and neglect, the legal representatives of the deceased shall have such action therefor, and may recover not exceeding $5,000 damages therein, for the benefit of the widow of the deceased, if there be one, and if there be no widow, then for the benefit of the next of kin of the deceased. But no action under the provisions of this section shall be sustained which is not commenced within one year after the cause of action has accrued.

          http://www.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00001986----000-.html

          18 USC 241. Conspiracy against rights

          If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

          If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—

           

          They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

          http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000241----000-.html 

          18 USC 242. Deprivation of rights under color of law

          Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

          http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000242----000-.html

          18 USC 1621. Perjury generally

          Whoever—

          (1) having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or

          (2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true;

          is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States.

          http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00001621----000-.html

      Patrick in California

      “The best way to escape from a problem is to solve it.”–-Welsh proverb

      --- In tips_and_tricks@yahoogroups.com, Al Cintra-Leite <stonekutteral@...> wrote:

      >

      >

      >

      > Begin forwarded message:

      >

      > > From: Al Cintra-Leite <stonekutteral@...>

      > > Date: May 9, 2007 7:25:40 PM PDT

      > > To: Frog Farmer <frogfrmr@...>

      > > Subject:

      > >

      > >  The court clerks again refused to file my motions-nothing wrong with

      > > it except the file is up there and we are down here shell game as

      > > usual... that game will remove their bonding eligability but first I

      > > gotta show up tomorrow because I told the bond guy I would and I keep

      > > my word .... but  I talked to GG today and he said his state doesnt

      > > have the oath issue- If you didnt see it  that day tuff ... but ours

      > > does at article XX section three(thanks FF) and the lady at the county

      > > recorders office today told me they still cant find the judges oaths

      > > and they found one the county recorder swears when he runs for office

      > > but, she said," thats not the one you want ,right , you want the

      > > actual oath of office?" .....yes , I said , the oath of office as

      > > required in article XX section three .... oh let me write that down

      > > she said...I said sure and call me when you get it ...I need it within

      > > ten days..... sure she said.......yeah sure I wont hold my breath til

      > > I get a written demand filed....   al

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