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Purported Clerk of Court forecloses absent a Note or prope r Oath of  Office

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  • Jake
    Check your State statutes to see what applies when a public officer doesn t take/have the prescribed oath.  For example, in North Carolina it s General
    Message 1 of 3 , Nov 5, 2009

      Check your State statutes to see what applies when a public officer doesn't take/have the prescribed oath.  For example, in North Carolina it's General Statute § 14-229:


      Acting as officer before qualifying as such.

         If any officer shall enter on the duties of his office before he executes and delivers to the authority entitled to receive the same the bonds required by law, and qualifies by taking and subscribing and filing in the proper office the oath of office prescribed, he shall be guilty of a Class 1 misdemeanor and shall be ejected from his office. (Code, s. 79; Rev., s. 3565; C.S., s. 4383; 1999-408, s. 2.)


      ~ ~ ~


    • gary
      This is a pretty good one since they have declared it a crime to not take the oath. However, at least for those in other states, be aware that in some states,
      Message 2 of 3 , Nov 7, 2009
        This is a pretty good one since they have declared it a crime to not take
        the oath. However, at least for those in other states, be aware that in
        some states, Arkansas is one, even though there is a requirement to take an
        oath, the courts in Arkansas have found that the failure to take the oath or
        to qualify in other ways, does NOT invalidate any actions taken by that
        person while performing the duties of that office. They are declared de
        facto officers and all acts performed in accordance with the duties of that
        office are valid.



        In states where the courts have found this to be true, there
        is no point in any public officer taking the oath of office. Why subject
        yourself to the possibility of being charged with violating your oath of
        office when you legally operate in the office without it? I haven’t looked
        into any other states, but I wouldn’t be surprised to see the same in many
        states.



        Gary


        Check your State statutes to see what applies when a public officer doesn't
        take/have the prescribed oath. For example, in North Carolina it's General
        Statute § 14-229:



        Acting as officer before qualifying as such.

        If any officer shall enter on the duties of his office before he executes
        and delivers to the authority entitled to receive the same the bonds
        required by law, and qualifies by taking and subscribing and filing in the
        proper office the oath of office prescribed, he shall be guilty of a Class 1
        misdemeanor and shall be ejected from his office. (Code, s. 79; Rev., s.
        3565; C.S., s. 4383; 1999-408, s. 2.)
      • Frog Farmer
        ... There are places where it is a crime to act as though it were taken, and they still don t take it. I cannot quote off the top of my head, but one of the
        Message 3 of 3 , Nov 7, 2009
          Gary wrote:

          > This is a pretty good one since they have declared it a crime to not
          > take the oath.

          There are places where it is a crime to act as though it were taken, and
          they still don't take it. I cannot quote off the top of my head, but
          one of the founding fathers is reputed to have said, paraphrased, that
          people will take as much as they can before they break and rebel against
          the foolishness. Popeye used to say, "that's all I can stands; I can't
          stands no more!" So let's get this straight, from the beginning, oaths
          were required to transform the mere neighbor into the superior officer.
          Then a judge said, "Nah! Why worry about it?" and from then on, the
          people that used to be known as impersonators had tons of legal
          competition? I don't think so because it would be "unconstitutional" to
          disregard a constitutional requirement. Judges cannot amend the
          constitution, state or federal, that way. But people may waive rights
          and fail to object timely in the Initial Moment Of Confrontation (do you
          see the whites of their eyes yet?) (Be ready to object timely every
          moment of every day with anyone.) Fail to do it, and the record might
          prove it, that you failed to do it. Make all the record the
          constitution requires, and those who don't have little to fall back on
          except that willingness to suffer violations of rights without objection
          that people seem to have adopted as the new political correctness.

          I get a real kick out of, "Yeah, we used to have to do it; then the
          court said we don't, and we of course go along with that because we are
          snookered into waiving our right to conduct our own "one supreme" court
          and allowing professional BAR attorneys to interplead and insinuate
          themselves into our affairs without objection, because, after all,
          nobody ever told us to do differently, and since we hardly know what it
          is to experience the rights of a Tom Jefferson, can we be blamed for
          letting that right slip away from us??"

          I love hearing how, "the bad judge did this; the bad judge did that" and
          I wonder, "how did the disqualification proceedings go down?" "Huh?
          Disqualification proceedings? What are they?" They're where you call a
          spade a spade and a fraud a fraud, even though it might hurt some
          feelings and make people mad at you and cause the pizza to get cold
          before it can be consumed as planned. But most people waive all rights
          if asked to do so in a stern but compassionate voice by a self-righteous
          authority figure of any stripe, and there are a large percentage of
          humans who think that they should affect the actions of the rest of us.
          Some use law as an excuse to do it and obviously, some do it no matter
          what the law says, as long as "the judge" says they can. Many times I
          have heard, "tell it to the judge". Now I plan to make it known that if
          not immediately released I will be expecting to tell it to him within
          the hour, mileage and transportation permitting. Then I will be on
          another fun hunt for the Big Bux. I will be on the hunt for a qualified
          individual acting as an accessory and co-conspirator to the fine
          specimen already in my clutches (mutual citizens' arrest, with my
          charges usually exceeding theirs). Now, they know this. How often do
          you think I have IMOCs anymore? If I have one, it is an accident like
          stepping on a rattlesnake. But I know that rattlesnakes do not always
          bite. Some like novel situations. I have several people "on the
          inside" who are able to rattle for me so that I am not stepped on. You
          do NOT want to tread on me, as I was left for dead and have nothing to
          lose. My remaining time "is ALL GOOD" as they say. "Bring it on!" as
          Bush said. But I got a phone call: "all we want is peace". I said, "me
          too!" and things have been groovy ever since, except for that one time
          when they arrived in force not knowing whose place they were invading,
          and I disqualified them on the spot with NO rebuttal or later hostile
          actions. And this was long enough ago to know the issue is dead. So
          my current personal belief is, "we get the government we deserve." And
          there are all sorts of "realities" out there. Today I heard about a
          lady who gave her 15-year-old granddaughter a $5 gold piece. The girl
          opened a bank account with it, balance: $5. The kind bank who accepted
          the coin at face value (and the teller who most likely took it home) was
          Fell's Wargo. How can you stop weird stuff like that, or anything?!
          All you can do is rule yourself, and not others. You don't need to wait
          for anyone to join you. They won�t. So you have to stand up for
          yourself, and do it ASAP, in the IMOC. Try it; you'll like it (after
          the initial shock wears off)(shock that it actually is TRUE!). But fail
          to act timely; waive rights and then try to recover them, and I expect a
          loss.

          "Your mileage may vary", as they say. I say I deserve everything Tom
          Jefferson had in the way of rights of Englishmen.

          > However, at least for those in other states, be aware that
          > in
          > some states, Arkansas is one, even though there is a requirement to
          > take an
          > oath, the courts in Arkansas have found that the failure to take the
          > oath or
          > to qualify in other ways, does NOT invalidate any actions taken by
          > that
          > person while performing the duties of that office. They are declared
          > de
          > facto officers and all acts performed in accordance with the duties of
          > that
          > office are valid.

          This is again why one might want to disqualify actors before they can
          act, and withhold cooperation. Even REAL judges can be disqualified!!
          That's why the laws for doing it are there! But who REALLY reads law
          books to learn these things but nerds on specialty e-mail study groups
          and lists like this one? I'm the only one on my block to know this
          stuff! Big block too, about 1/2 mile on a side.

          > In states where the courts have found this to be true, there
          > is no point in any public officer taking the oath of office.

          In those states, was there a certain date or event that caused what used
          to be required to be able to be invalidated by one man, or a few men,
          without regard to the will of the people expressed through the
          legislature that wrote what used to be the law? I have a feeling that
          nobody really objected timely in whatever case is being used as the
          excuse for the constitutional amendment "de facto". (Hahahaha!)

          > Why subject yourself to the possibility of being charged with
          > violating your oath of office when you legally operate in
          > the office without it?

          So crooked judges really CAN amend constitutions?! I don't believe it.

          Look up the methods of amending constitutions where you live. You won't
          find that method listed. But people will permit an awful lot before
          they stand up and fight back. Most won't even fight verbally.

          > I haven�t looked into any other states, but I wouldn�t be
          > surprised to see the same in many states.

          California says it's a crime to impersonate an officer. It is the
          taking of the oath that transforms the mere neighbor into the officer
          with powers of the office. Otherwise, what does? 6 out of 10 believe
          he is the officer, so democracy wins? NBC and CBS announced he was the
          officer, so he must be? He received the paycheck of the officer and
          cashed it? That must be it then! So now how do we identify
          impersonators? The public records used to do it are sabotaged. You
          know what? THE GAME IS OVER, PEOPLE!!! When the Berlin Wall came down
          and the Soviet Union tyranny faded into history, many KGB employees
          showed up for work the next day and wanted instructions for further
          action. Flash forward to America today...the empire is mortally wounded
          and dying a slow death. The fraud has become systemic.

          Prepare to take care of yourself.

          Regards,

          FF
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