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What Happens When You Hire an Attorney? More Unpleasant Surprises?

Cognitor

BARRISTER, English law. A counselor admitted to plead at the bar. 2. Ouster barrister, is one who pleads ouster or without the bar. 3. Inner barrister, a sergeant or king's counsel who pleads within the bar. 4. Vacation barrister, a counselor newly called to the bar, who is to attend for several long vacations the exercise of the house. 5. Barristers are called apprentices, apprentitii ad legem, being looked upon as learners, and not qualified until they obtain the degree of sergeant. Edmund Plowden, the author of the Commentaries, a volume of elaborate reports in the reigns of Edward VI., Mary, Philip and Mary, and Elizabeth, describes himself as an apprentice of the common law. - A Law Dictionary by John Bouvier (Revised Sixth Edition, 1856).

BARRISTER, n. [from bar.] A counselor, learned in the laws, qualified and admitted to please at the bar, and to take upon him the defense of clients; answering to the advocate or licentiate of other countries. Anciently, barristers were called, in England, apprentices of the law. Outer barristers are pleaders without the bar, to distinguish them from inner barristers, benchers orreaders, who have been sometime admitted to please within the bar, as the king's counsel are. - Webster's 1828 Dictionary.

Overall, a barrister is one who has the privilege to plead at the courtroom bar separating the judicial from the non-judicial spectators. Currently, in U.S. courts, the inner bar between the bench (judge) and the outer bar no longer exists, and the outer bar separates the attorneys (not lawyers) from the spectator's gallery. This will be explained more as you read further. As with the word “bar” each commonly used word describing the various court officers is derived directly from root words:

3 From the word "solicit" is derived the name and occupation of a "solicitor"; one who solicits or petitions an action in a court.

SOLICIT, v.t. [Latin solicito] 1. To ask with some degree of earnestness; to make petition to; to apply to for obtaining something. This word implies earnestness in seeking ... 2. To ask for with some degree of earnestness; to seek by petition; as, to solicit an office; to solicit a favor. - Webster's 1828 Dictionary.

4). From the word "attorn" is derived the name and occupation of an "attorney;" one who transfers or assigns property, rights, title and allegiance to the owner of the land.

ATTORN / v. Me. [Origin French. atorner, aturner assign, appoint, f. a-torner turn v.] 1. v.t. Turn; change, transform; deck out. 2. v.t Turn over (goods, service, allegiance, etc.) to another; transfer, assign.  3. v.i. Transfer one"s tenancy, or (arch.) homage or allegiance, to another; formally acknowledge such transfer. attorn tenant (to) Law formally transfer one"s tenancy (to), make legal acknowledgement of tenancy ( to a new landlord). - Oxford English Dictionary 1999.

ATTORN, v.i. [Latin ad and torno.] In the feudal law, to turn, or transfer homage and service from one lord to another. This is the act of feudatories, vassels or tenants, upon the alienation of the estate. - Webster's 1828 Dictionary.

ATTORNMENT, n. The act of a feudatory, vassal or tenant, by which he consents, upon the alienation of an estate, to receive a new lord or superior, and transfers to him his homage and service. - Webster's 1828 Dictionary.

ATTORNMENT n. the transference of bailor status, tenancy, or (arch.) allegiance, service, etc., to another;  formal acknowledgement of such transfer: lme. - Oxford English Dictionary 1999.

5). From the word advocate comes the meaning of the occupation by the same name; one who pleads or defends by argument in a court.

ADVOCATE, v.t. [Latin advocatus, from advoco, to call for, to plead for; of ad and voco, to call. See Vocal.] To plead in favor of; to defend by argument, before a tribunal; to support or vindicate. - Webster's 1828 Dictionary.

5). From the word "counsel" is derived the name and occupation of a "counselor" or "lawyer"; one who is learned in the law to give advice in a court of law;

COUNSEL, v.t. [Latin. to consult; to ask, to assail.] 1. To give advice or deliberate opinion to another for the government of his conduct; to advise. - Webster's 1828 Dictionary.

LAWYER. A counselor; one learned in the law. - A Law Dictionary by John Bouvier (Revised Sixth Edition, 1856).

Although modern usage tends to group all these descriptive occupational words as the same, the fact is that they have different and distinctive meanings when used within the context of court activities:

Solicitor - one who petitions (initiates) for another in a court

Counselor - one who advises another concerning a court matter

Lawyer - [see counselor] learned in the law to advise in a court

Barrister - one who is privileged to plead at the bar

Advocate - one who pleads within the bar for a defendant

Attorney - one who transfers or assigns, within the bar, another's rights & property acting on behalf of the ruling crown (government)

#Natural Law #Common Law #Admiralty Law #Courts of Law #American Law #SHTF #Sovereign #Homestead

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Are You (a) Subject to Admiralty Law? You may be surprised!

Admiralty Law

DISCLAIMER – THIS INFORMATION COMES FROM CORNELL UNIVERSITY LAW SCHOOL – PLEASE SUPPORT THEM IN THEIR EFFORTS TO ALLOW EVERYONE EQUAL ACCESS TO THE LAW!

I have taken the opportunity to lift some information from another site … it comes from Cornell University Law School in case you missed that. Their efforts have assisted me greatly and in matters of law, domestic or international, their site has always been an invaluable resource. Please support them if you can.

I have also taken the liberty of highlighting a few facts about Admiralty … or Maritime Law as it is sometimes noted.

Admiralty Law: An Overview

Admiralty law or maritime law is the distinct body of law (both substantive and procedural) governing navigation and shipping. Topics associated with this field in legal reference works may include: shipping; navigation; waters; commerce; seamen; towage; wharves, piers, and docks; insurance; maritime liens; canals; and recreation. Piracy (ship hijacking) is also an aspect of admiralty.

The courts and Congress seek to create a uniform body of admiralty law both nationally and internationally in order to facilitate commercei. The federal courts derive their exclusive jurisdiction over this field from the Judiciary Act of 1789 and from Article III, § 2 of the U.S. Constitution. Congress regulates admiralty partially through the Commerce Clause. American admiralty law formerly applied only to American tidal waters. It now extends to any waters navigable within the United States for interstate or foreign commerce. In such waters admiralty jurisdiction includes maritime matters not involving interstate commerce, including recreational boating.

Admiralty law in the United States developed from the British admiralty courts present in most of the American colonies. These courts functioned separately from courts of law and equity. With the Judiciary Act, though, Congress placed admiralty under the jurisdiction of the federal district courtsii. Although admiralty shares much in common with the civil law, it is separate from it. Common law does not act as binding precedent on admiralty courts, but it and other law may be used when no law on point is availableiii.

Parties subject to admiralty may not contract out of admiralty jurisdiction, and states may not infringe on admiralty jurisdiction either judicially or legislativelyiv. Since admiralty courts, however, are courts of limited jurisdiction (which does not extend to non-maritime matters), 28 USC § 1333(1), the "Savings to Suitors Clause," does provide for concurrent state jurisdiction so that non-admiralty remedies will not be foreclosed. Moreover, state courts may have jurisdiction where the matter is primarily local.

Under admiralty, the ship's flag determines the source of lawv. For example, a ship flying the American flag in the Persian Gulf would be subject to American admiralty law; and a ship flying a Norwegian flag in American waters will be subject to Norwegian admiralty law. This also applies to criminal law governing the ship's crew. But the ship must be flying the flag legitimately; that is, there must be more than insubstantial contact between the ship and its flag, in order for the law of the flag to apply. American courts may refuse jurisdiction where it would involve applying the law of another country, although in general international law does seek uniformity in admiralty law.

Just as the Federal Rules of Civil Procedure placed law and equity under the same jurisdiction in 1938, the 1966 rules subsumed admiralty. Nonetheless, the Supplemental Admiralty Rules take precedence over the Federal Rules of Civil Procedure in the event of conflict between the twovi.

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i Think about the Uniform Commercial Code … with a special highlight on COMMERCIAL … from COMMERCE

ii It starts getting complicated here when you look at the legal definitions of States and Citizens and Residents and foreign powers … The Corporate US is Washington DC and the states are deemed to be foreign governments under the JURISDICTION of Washington DC.

iiiSo common law does not count under admiralty law. As long as you can throw something up in the air and it comes back down, common law will be in place. Common Law also states legal precedent whereas Admiralty Law precludes any presumption of innocence, needs no precedent and over-rides all other law … in an effort to seek out “uniformity”?

iv Once you have subjected yourself to their jurisdiction, there is no opting out. Part of how to prevent doing so is hidden in Title 2 of the US Code in §60 … but these passages are conveniently “omitted” from the online listing of the US Code. The portions that have been “Omitted” are mixed in with those that have been repealed and stricken but remain part of the US Code … though apparently not for public consumption.

v But all that talk about what flag hangs in a court room is just crazy conspiracy theorists waving their tinfoil hats to anyone who will take them yes? (remember, you are a resident of a state … a government foreign to the US (Corporate) Government in Washington DC)

viWhy does Admiralty Law override Civil Procedure?

#Law #SHTF #Blacks Law #Admiralty Law #Common Law #Natural Law

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JBW and the Fifty Caliber Pistol

There are certain things that absolutely nobody who is living off the grid should be without. JB Weld is without any shadow of a doubt, one of the things that should be purchased in excess and stored in its very own private location in every off-grid environment. JB Weld has been instrumental in our efforts to keep generators, engine blocks, wheel rims and a virtually endless string of items running long after they would have been formerly retired and quickly trashed in more “civilized” society. While there are likely more than a thousand different uses for JB Weld on any given day, perhaps nothing will serve to better demonstrate its strength and importance, than a minor demonstration … and some tightly packed high-explosives.

My dad was nothing if not creative … and experimental in nature. If there was a better way to do something, he would be the first one to explore that option. If there was not a better way to do something, he would look for one. This was not merely obsessive behavior that prevented him from ever getting anything done mind you, but rather an innate ability he had to see things in a different light … successfully more often than not. As we were not wealthy, and my dad begrudgingly began accepting that social security would be his only source of income, he began storing up large numbers of firearms. Generally, we would purchase a large number of the old 8MM Mausers from Big5 or other stores where we could get them on sale for forty or fifty dollars each. We would then purchase other supplies from Numrich Arms and rebuild these firearms into ones that could be sold for three or four hundred dollars each.

Having as he did, a penchant for weapons, both old and new, and repairing them for friends, it was not long before we had a semi-regular business buying, selling and repairing firearms to supplement his social security. Among these were a number of black powder arms. Someone once brought in a .50 (fifty caliber) Kentucky Rifle for alteration … primarily turning it into a carbine. While my dad loathed the idea of turning such a beautiful piece of work into a carbine, he did it anyhow … and we ended up with about eighteen inches of fifty caliber barrel. We had a broken down old Colt Walker lying on the desk, and I must admit to being somewhat taken aback when my dad picked it up, laid it down next to the remaining length of barrel and muttered something about “Yeah. Why the frack not?” … though that was not the actual term he used.

Eighteen inches of fifty caliber barrel proved to be too long even for a two-handed revolver. As did fourteen, twelve … and we kept shortening it until we finally ended up with an eight inch barrel on a fifty caliber blackpowder pistol. The only thing remaining to do was to bore out the cylinder from the .44 in its original configuration, the .50 caliber we would need. (Actual calibrations for the cylinders and barrels are done slightly off from the actual calibration of the rounds, but you get the picture) Unfortunately, when we bored out the cylinder, the walls were painfully thin around the front where the majority of the blast would be directed. Fearing the ensuing explosion that would occur if all six rounds were to discharge at the same time, and yes, we will get there … my dad, in his infinite wisdom and unique vision, decided to reinforce and rebuild the cylinder with JB Weld. His patience and his artwork can only be deemed as somewhere between madness and masterful, but at the end of the day, there was a very ornate, almost flower-shaped front on the cylinder and the fifty caliber pistol was only a day away or so of drying so that it could be tested.

Me being somewhat cynical, I politely declined to take the first shot with it. My dad virtually squealed with delight as he squeezed the trigger and the round hit squarely in the center of the target at thirty meters. After a few more rounds, I was finally able to reclaim an opportunity to try it out and found it to be surprisingly pleasant to shoot with roughly sixty grains of powder … slightly more than my dad used, but suitable to my taste. My dad’s friend Harry however, was not quite so reserved and insisted on packing … I believe it was around ninety grains into each cylinder … enough powder at least where the compression of the rounds into the cylinder was substantially more challenging than it should have been. Sure enough, all six rounds went off at the same time … but to this day, some thirty years later, the JB Weld still holds and it is still an amazingly fun plinker to play with around the Prepper Paradise.

#Prepper #Prepping #Homestead #Homesteading

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Wouldn’t You Like to be a Prepper Too?

Chances are pretty good that a lot of people have never even considered the world of Prepping as a viable or even necessary option. Being a Prepper these days, is often equated with being a Conspiracy Theorist or even the ubiquitous “One of THOSE people!” … which generally comes just before the eye-roll and a concerted effort to get away from the Prepper. The very word “Prepper” is a derivative of “Prepared” … any Boy Scout or Girl Scout can tell you that being prepared is never a bad idea. A look at the world these days should be enough to change more than a few minds and help people to realize that maybe being prepared is not such a bad idea after all.

Keep reading

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Wouldn’t You Like to be a Prepper Too?

Chances are pretty good that a lot of people have never even considered the world of Prepping as a viable or even necessary option. Being a Prepper these days, is often equated with being a Conspiracy Theorist or even the ubiquitous “One of THOSE people!” … which generally comes just before the eye-roll and a concerted effort to get away from the Prepper. The very word “Prepper” is a derivative of “Prepared” … any Boy Scout or Girl Scout can tell you that being prepared is never a bad idea. A look at the world these days should be enough to change more than a few minds and help people to realize that maybe being prepared is not such a bad idea after all.

Hurricanes Katrina and Sandy left literally tens of thousands of people lacking even the most rudimentary basics of life. Wildfires ravaging California have left some of the most rich and famous people in the world lacking the most basic of necessities. (Not to mention all of the wineries that were tragically lost in these fires) Earthquakes, tornadoes and other natural disasters all together should be enough to convince people that being prepared is never a bad thing. If that is not enough to convince the readers that being a “Prepper” is as much common sense as it is a necessity, all one needs to do is to have a quick look at the global socio-political situation. The current tensions between the USA and China, Russia and even North Korea have convinced many news outlets to proclaim in bold headlines that war is inevitable and just around the corner. As if all of that is not enough, take into consideration the domestic social unrest currently so prevalent in the USA. Residents of Baltimore, New Orleans, Ferguson and other locations where riots have literally shut down vast swathes of the city leaving the residents lacking yet again. In short, being prepared is never a bad thing, no matter how many people tell you just how crazy it is to believe so.

While it may not be obvious at first glance, especially in regards to the natural disasters mentioned herein, it is relatively safe to say that most of the well-versed … and ultimately, well-prepared “preppers” were not phased in the least by any of these occurrences … even the raging wildfires currently burning through California. The purpose of this column is to teach the average person that being prepared is not only a wise and prudent move, but could very well be the difference between life and death, even without the proverbial “SHTF” (S**t Hits The Fan) Scenario ever coming to pass. Ultimately, many of the SHTF possibilities will be explored in these articles as well, if nothing more, as a hypothetical scenario that does merit more than passing consideration and to show just how easily social disruption could easily strike quite literally anywhere at any time. While the primary focus will be on “Prepping” in more rural and isolated sections of the countryside, there will be a great deal of information shared about survival in the cities as well.

Indeed, it may be possible that the need for “Prepping” is even more relevant in the inner cities and the suburbs than it is in more rural settings. People living in the inner cities can easily become complacent, thinking that each day will be the same as the last, with a hundred different options for coffee and donuts available on the way in to work each day. Yet realistically, a single solar flare could quite literally turn the cities into chaotic battlefields, ripe with crime, violence and challenges that most people are incapable of facing, unless they are already prepared for just such a scenario.

It may not be possible to be prepared for every disaster that could happen, but does that really preclude the need to prepare for any disaster? Prepping is not about being some crazy, old hoarder, chasing off the neighborhood kids and scaring all the decent people. Prepping is about nothing more than being prepared for disaster whenever disaster may strike … be it natural disaster or man-made. Are there some fringe lunatics in the world of preppers? Absolutely … as there are in almost any large group of people with even a limited interest in common. Still, being prepared is not in and of itself crazy at all, but rather merely an exercise of common sense. 

When everything is said and done, wouldn’t you like to be a prepper too?

#Prepper #Homesteading #off the grid #organic #outdoors

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