The Tender For Law

Volume 1

Mar 02, 2013 12:47 AM

Derek Moran

The "BILL OF LADING" thread! - Black's Law Dictionary, 8th-edition:

A document acknowledging a RECEIPT of goods by a carrier or by the shipper's agent and the contract for the transportation of those goods; a document that indicates the receipt of goods for shipment and that is issued by a person engaged in the business of transporting or forwarding goods. A negotiable bill of lading is a document of title.

"A bill of lading may be regarded in three several aspects. (1) Its is the receipt given by the MASTER(??) of a SHIP acknowledging that the goods specified in the bill have been put on BOARD(the citizenSHIP); (2) it is the document that contains the terms of the contract for the carriage of the goods agreed upon between the shipper of the goods and the shipowner (whose agent the master of the ship is); and (3) it is a 'document of title' to the goods, of which it is the symbol. It is by means of this document of title that the goods themselves may be dealt with by the OWNER of them while they are still on board SHIP and upon the high seas(subject to ADMIRALTY/MARITIME law?)" Principles of the Law of Contract (1919)

pick your choice of Bill of Lading: bearer.. claused.. clean.. destination.. foul.. LONG-FORM.. NEGOTIABLE.. non-negotiable.. ocean.. onboard.. ORDER.. overseas.. SHORT-FORM.. spent.. straight.. through.. unclean.

Read Comments

Chad Brodgesell

I notice that this is "It is by means of this document of title that the goods themselves may be dealt with by the OWNER of them while they are still on board SHIP and upon the high seas"

Does this mean that off ship/on land the Bill of Laden does not apply anymore?

Derek Moran

Theres a difference between being a British-SUBJECT, and an ally-of-the-ENGLISH.. ENGLISH = COMMON LAW.. British = two hebrew words, B'rith, and Ish.. B'RITH = CONTRACT.. ISH = MAN, put them together?.. B'RITH-ISH = BRITISH = MAN-OF-CONTRACT = CONTRACT LAW = ROMAN MUNICIPAL CIVIL LAW based on contracts in disguise

Derek Moran

I just remember from grade-school, that adding an adjective, does NOT change the ROOT-MEANING of a word.. it may turn it into a COMPOUND-WORD for greater clarity, but does not change the root-meaning by giving it an adjective

Derek Moran

MENS REA = INTENT.. was the INTENT of getting you to sign something to strip you of your rights as a result of their FIDUCIARY-BREACH-OF-TRUST..we dont pay our public-servants with the idea they screw us over

Derek Moran

I usually get Famous Players movie-CERTIFICATES from some family member inevitably every year at Christmas. One thing ive noticed about them...is that if, you say, forget about them cuz they get covered-up by stuff in your room..you will never end-up getting the VALUE from out of it it was intended to give to you, and instead of getting to see a movie for FREE...you end-up still paying to go see the movie with your LEGAL TENDER instead- why?.....because...you forgot all about the CERTIFICATE you were given at Christmas as a PRESENT meant to BENEFITciary you..only because you didnt listen to your mom and keep a tidy-room as a kid growing-up

Derek Moran

Statutory Receiver: a receiver whose appointment is provided for in a statute. An officer in the ROYAL household who collected revenues and disbursed them in a lump sum to the treasurer, and who also acted as an attorney with the power to appear in any court in England. The monarch and his or her consort each had a receiver, thus the full title was King's Receiver or QUEEN'S RECEIVER.

Fiona Munro

I have a Tenants agreement with the Queen since 2010.Obtained through acquiescence ! 3 months later I did receive a letter from the Queen. Telling me she is a constitutional Sovereign, Her Majesty acts through her personal Representative, the Governor-General and had forwarded my documents to the same so she may be aware of my approach to the Queen and consider the points I had raised, Which is of course my tenants agreement... I gave her Majesty $20 in consideration ! which her Majesty has taken, :) . Now since the Lawyer fraudulently foreclosed on me I think I should write the Governor-General ????

Derek Moran

The Dictionary of Canadian Law 4th-edition, BILL OF LADING: Includes all RECEIPTS(think 'Revenue Receipt') for goods, wares and merchandise accompanied by an undertaking (a) to move the goods/wares/merchandise from the place where they were received to some other place, by ANY means whatever, or (b) to deliver to a place other than the place where the goods/wares/merchandise were received a LIKE QUANTITY of goods/wares/merchandise of the SAME or a SIMILAR grade or KIND. Bank Act, S.C. 1991. c.46, s. 425

David Johansen

titling property is a pledge to public use. you dont have a title to your TV set, glasses, shoes, computer, ... you also dont HAVE to TITLE an automobile if it is for personal, household, or family (non commercial) use. it is private property.

Derek Moran

Description

A bill of lading is issued by a carrier, and details a shipment of merchandise, gives title to the goods, and requires the carrier to deliver the merchandise to the appropriate party.

http://en.wikipedia.org/wiki/Bill_of_lading

David Johansen

carrier=DMV/RMV (dept. motor veh. reg. motor veh.) merchandise= description (color, weight, # capacity, # wheels, id #), delivery to owner identified. therfore the registration certificate (paperwork that goes along withthe plate/tag) complies withthe description. it also includes a place of "Principally Garaged" which satisfies the condition of bailment (must be MAINTAINED), as a condition of use AND the annual safety inspection satisfies that condition. the term; principally garaged in my state is on the form RMV-1 (request for title &/or a registration) AND the request for insurance. the location of principal garaging creates the town excize (use) tax, but i went to the town Dep. public works and tried to schedule a service appt. they dont do that there. but i paid the excize tax, doesnt that obligate them to provide service without predjudice?

we dont serve your kind in here...

David Johansen

oh and since they are the carrier, YOU are the DRIVER they hired to deliver the goods. this is why you get charged with drunk driving, and they make (you pay SURETY) $6000 dollars because YOU let them deceive you. THEY are very good at what they do. it would be easier if we could just hang them. and a dam better time too!

Derek Moran

Scott Duncan: "PROOF needs to identify WHAT it's proving."..... interesting statement. So in terms of Micah Green, when he goes into court..he should be getting them to PROVE, and/or IDENTIFY, just HOW the statute he's been charged with APPLIES to him considering he was not a Government Actor and/or performing a public-function-of-government who was performing a Government Action (thank you, Peter Hogg) ?

Beverly Berta Braakschmack

An entitlement holder�s property interest with respect to a particular financial asset under subsection (1) may be enforced against a purchaser of the financial asset, or interest in it, only if (a) bankruptcy or insolvency proceedings have been initiated by or against the securities intermediary, (b) the securities intermediary does not have sufficient interests in the financial asset to satisfy the security entitlements of all of its entitlement holders to that financial asset, (c) the securities intermediary violated its obligations under section 98 by transferring the financial asset, or interest in it, to the purchaser, and (d) the purchaser is not protected under subsection

Derek Moran

what we covered in my Torts-and-Contracts class textbook tonight:

In most circumstances, the courts will not enforce GRATUITOUS PROMISES. Because they lack consideration, gratuitous promises are not contracts. However, there are some exceptions to the rule. A gratuitous promise that is made UNDER SEAL will be ENFORCED even without consideration. A document under seal is called a DEED. A DEED is a written contract, made UNDER SEAL by the PROMISOR(S); also called a formal contract. A promise made UNDER SEAL does not require CONSIDERATION to make it BINDING. The courts have traditionally viewed the seal on a document as an indication that the promisor understands the significance of his or her act and intends to be BOUND by the promise contained in the document.

..so- i wonder what it was the Registrar General of Ontario Robert Welch at the time i was born promised me, exactly? :/ ;)

Derek Moran

American depositary receipt. A negotiable instrument issued by an American bank as a substitute for stock shares in a foreign-based corporation .� ADRs are the most common method by which foreign companies secure American shareholders. Companies that offer ADRs maintain a stock listing in their domestic market in their domestic currency, while the ADRs are held in U.S. dollars and listed on a U.S. stock exchange, usu. the New York Stock Exchange. The holder ofthe receipt is entitled to receive the specified securities upon presentation ofthe ADR to the depositary institution - Abbr. ADR. Also termed American depository receipt. Cf. AMERICAN DEPOSITARY SHARE.

American depositary share. A foreign security that is exempt from reporting requirements and deposited in an American bank to be held for private sale .� American depositary receipts are used to transfer the securities. Abbr. ADS. Cf. AMERICAN DEPOSITARY RECEIPT.

..Black's Law 9th

Colin Stephen Tonks

Re Wax Seals. From memory, but standing corrected, many travelling dignitaries/officials would carry a wax-stick and wore a 'signet ring' (Signature Ring). To formally sign and/or 'seal' a document they would deposit a hot dollop of wax near the foot of a document and then make an impression in the dollop of wax with their signet ring to formally sign the document.

David Johansen

the king sent letters sealed with his ring, or a stamp of some sort, ladies would send letters likewise sealed from the messenger's prying eyes. it is a security measure aswell as proof of the party having accepted the document. a scroll was the style of a day gone past, and a ribbon is the 'seal'. paper was to expensive to waste as an onvelope, and everyone had candles redily available.

Derek Moran

There was a thread where Russ Rawlington said he had a near-perfect record of re-sealing contracts he didnt want with scotch-tape, marking the outside of the envelope with (i think) DO NOT WISH TO CONTRACT - RETURN TO SENDER, and putting it back into the mail-box...

Derek Moran

Scott Duncan: If the post office made an error and delivered a Nuke, destined for Area 51, but ended up in YOUR hands, because of a MISTAKE, then until the US Army is NOTIFIED, then YOU are liable for the well-being of that nuke.

Derek Moran

Bob Sleigh Duck Feather: If the post office made an error and delivered a Security (BC), destined for the Registrar General, but ended up in MY hands, because of a MISTAKE, then until the Registrar General is NOTIFIED, then I am liable for the well-being of that Security (BC). ? Do I get this correctly ?

Derek Moran

Derek Moran: "If the post office made an error and delivered a Nuke, destined for Area 51, but ended up in YOUR hands, because of a MISTAKE, then until the US Army is NOTIFIED, then YOU are liable for the well-being of that nuke."..... wow, so whats really being said here between-the-lines? That WE, were never INTENDED, to be the RECIPIENT, of the Birth Certificate? But that WE, ended-up with it, by (wink-wink, nudge-nudge) MISTAKE??

Derek Moran

FORMAL CONTRACT: also called a DEED, in writing and UNDER SEAL by the PROMISOR. If a contract was written and SEALED by the promisor, the formal act of applying a SEAL to the document was seen as evidence of a serious INTENTION to MAKE and KEEP a PROMISE. Contracts under SEAL were the first to be ENFORCED by the courts. A seal is required to enforce a promise if there is NO CONSIDERATION. The existence of the seal indicates that the party signing the document INTENDS to be BOUND by the agreement even when he or she receives no consideration from other parties, as in cases where the PROMISOR is promising a GIFT to someone. This can be important if, as in TAX CASES, it matters that a CONVEYANCE of something is meant to be seen as a GIFT and not something else. It is also usual for the document to be signed by the person who WITNESSED the promisor signing and affixing the seal to the document.

Derek Moran

Eamonn O Brien: No LisaMarie, I don't think you're correct there. The BC is evidence that a security/financial instrument exists for your benefit, for you to engage in commerce through the PERSON. The state do not own you as that would constitute slavery. The state own the PERSON, and once you use it you are bound by the statute or act relating to the particular function you are using it for...

Derek Moran

Agreement not to assert defence against assignee

14. (1) An agreement by a debtor not to assert against an assignee any claim or defence that the debtor has against the debtor�s seller or lessor is enforceable by the assignee who takes the assignment for value, in good faith and without notice, except as to such defences as may be asserted against a holder in due course of a NEGOTIABLE INSTRUMENT under the Bills of Exchange Act (Canada). R.S.O. 1990, c. P.10, s. 14 (1).

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p10_e.htm

Derek Moran

Negotiable instruments, etc.

29. The rights of a person who is,

(a) a holder in due course of a bill, note or cheque within the meaning of the Bills of Exchange Act (Canada); or

(b) a transferee from the debtor of money,

are to be determined without regard to this Act. R.S.O. 1990, c. P.10, s. 29.

Derek Moran

Unlike Black's Law 9th, there is no definition in The Dictionary of Canadian Law 4th-edition for RECEIVER GENERAL..but there is for RECEIVERSHIP ;)

RECEIVER[SHIP]: a legal or equitable proceeding in which a receiver is appointed(by the IMF) to take over the PROPERTY(i wonder what/who that could be) of an insolvent company or INDIVIDUAL. The receivership operates with respect to ALL(wonder if that includes US) of the assets of the insolvent party.

David Johansen

the federal reserve note has such a seal. OMFG, if a party handed you a FRN dollar, and you accepted it, that creates the obligation by the TENDER for LAW.

ooh, it explains the cartoon metalocalyps i saw last week, upon handing the revised contracts with the devil back, trading their soules for the ability to play the blues, they included a COUPON for $5 off ... (and mumbled what & where it was redemable at). that coupon was the valuable consideration. presented like a slider the court might pass to you... sneaky...

David Johansen

"Derek Moran Scott Duncan: If the post office made an error and delivered a Nuke, destined for Area 51, but ended up in YOUR hands, because of a MISTAKE, then until the US Army is NOTIFIED, then YOU are liable for the well-being of that nuke."

no way, i threw it out withthe trash, as far as i could tell it was just somones trash that fell out of a truck going by. I am NOT RESPONSIBLE for GOVERNMENT TRASH that becomes deposited [blown in by the wind] except to put it out for pickup when they go by. which they do every week. they must loose a lot of shit out of trucks operated by careless employees. makes me wonder if they aren't somehow accountable...

Derek Moran

Gail Blackman: Thought I would share this for discussion, a friend made a post that they received a trust number from CRA and the declaration/deed of the trust is to govern/control the use of the Canadian citizen by the living man

Derek Moran: I think thats whats called a- TRUST INDENTURE...

Scott Duncan: What Derek said.

Scott Duncan: It's an indenture, and there must be a CORPORATE TRUSTEE.

Derek Moran

HOLY shit- i think I and/or Gail are really onto something here:

TRUST INDENTURE: 1. A document containing the terms and conditions governing a trustee's conduct and the trust beneficiaries' RIGHTS. - Also termed indenture of trust. 2. See deed of trust under DEED. Black's 9th.

Derek Moran: DEED OF TRUST: A deed, conveying title, to real property, to a trustee, as security, until the grantor, repays a loan.� This type of deed resembles a mortgage. - Also termed trust deed; trust indenture; indemnity mortgage; common-law mortgage. Cf. deed of reconveyance.

TRUSTEE = US . . . .GRANTOR = Registrar General whose signature is on the Birth Certificate? (Scott clicked LIKE on this)

Derek Moran

RECEIVER'S CERTIFICATE: Debt instrument issued by a Receiver, who uses the proceeds to finance continued operations or otherwise to protect assets in receivership. The certificates constitute a LIEN on the property, ranking ahead of all other secured or unsecured liabilities in liquidation. Barrons Dictionary of Finance and Investment Terms.

Derek Moran

RECEIVER: court-appointed PERSON who takes possession of, but NOT TITLE to, the assets and affairs of a business or ESTATE that is in a form of BANKRUPTCY called RECEIVERSHIP, or is enmeshed in a legal dispute. The receiver collects rents and other income and generally manages the affairs of the entity for the benefit of its owners and creditors until a DISPOSITION is made by the court.

Derek Moran

Scott Duncan: If the post office made an error and delivered a Nuke, destined for Area 51, but ended up in YOUR hands, because of a MISTAKE, then until the US Army is NOTIFIED, then YOU are liable for the well-being of that nuke.

..would this 'Notice' we would NOTIFY them with Scott, be a NOTICE OF ASSIGNMENT?

Derek Moran

Ever gone to a restaurant/club and CHECKED-your-coat, Scott? The Coat-check-girl, takes a ticket, tears it in half, across the perforated-line (Terra cross), hands you one half, sticks the other in the pocket of your coat...question:

Is the ticket she gave you a Bill-of-Lading?

Derek Moran

"bill of lading" includes all receipts for goods accompanied by an undertaking to transfer them from the place where they were received to some other place by any mode of carriage whatever, whether by land or water or partly by land and partly by water;

http://www.search.e-laws.gov.on.ca/en/isysquery/78c028d7-4130-4bad-b659-25fa574d96b3/1/doc/?search=browseStatutes&context=#hit1

Beverly Berta Braakschmack

In finance, a bond is an instrument of indebtedness of the bond issuer to the holders. It is a debt security, under which the issuer owes the holders a debt and, depending on the terms of the bond, is obliged to pay them interest (the coupon) and/or to repay the principal at a later date, termed the maturity.[1] Interest is usually payable at fixed intervals (semiannual, annual, sometimes monthly). Very often the bond is negotiable, i.e. the ownership of the instrument can be transferred in the secondary market.[2]

Thus a bond is a form of loan or IOU: the holder of the bond is the lender (creditor), the issuer of the bond is the borrower (debtor), and the coupon is the interest.

Derek Moran

Scott Duncan "Off ship" = delivered.

Chad Brodgesell m, Soooo at which point Admiralty law is no longer in force or affect

Scott Duncan When you leave the jurisdiction.

Scott Duncan Privateer = Subject.

Scott Duncan If I LIEN the Nuke, I've CLAIMED it.

Derek Moran

Brad Tullar: When the contract of sale does not call for the sellers shipment or delivery of goods (when the buyer is to pick up goods),The passage of tittle depends on whether the seller must deliver a document of tittle, such as a bill of lading or a warehouse receipt, to the buyer. A bill of lading is a receipt for goods that is signed by a carrier and that serves as a contract for the transportation of the goods. A warehouse receipt is a receipt issued by a warehouse for goods stored in a warehouse

Brad Tullar

When a document of tittle is required, tittle passes to the buyer when and were the document is delivered. Thus, if the goods are stored in a warehouse, tittle passes to the buyer when the appropriate documents are delivered to the buyer. The goods never move. In fact, the buyer can choose to leave the goods at the same warehouse for a period of time, and the buyers tittle to the goods will be unaffected.

Brad Tullar

When documents of tittle are required, and delivery is made without moving the goods, tittle passes at the time and place the sales contract is made, If the goods have already been identified. If the goods have not been identified, tittle does not pass until identification occurs.

Brad Tullar

letter of credit.Commercial law. An instrument under which the issuer (usu. a bank), at a customer's request, agrees to honor a draft or other demand for payment made by a third party (the beneficiary), as long as the draft or demand complies with specified conditions, and regardless of whether any underlying agreement between the customer and the beneficiary is satisfied. � Letters of credit are governed by Article 5 of the UCC. � Abbr. LC; L/C. � Often shortened to credit. � Also termed circular letter of credit; circular note; bill of credit. [Cases: Banks and Banking 191. C.J.S. Bills and Notes; Letters of Credit �� 341�366, 368�370, 372�376.] hhmmm an honor or draft by a third party? Could this be document that are fingerprint were put on hhmm?