The Common Law Right to Travel in detail

The Common Law Right to Travel in detail

Many people asked me NOT to write this, however I’ve come to the opinion that it’s time this issue was examined in detail and the case law you’ll need, should you get into trouble exercising your ‘Right To Travel’, more fully explained.

Some of this information is readily available elsewhere, but the court cases the information was lifted from is not there, as often this kind of information is pushed around the internet without any real examination of the facts. To that end I’ve taken it upon myself to elaborate further and show you where you can find a wealth (literally!) of legal information for FREE.

Many people will have seen various videos on YouTube and elsewhere, regarding this issue. But precious few will have explained to you where you can get the ‘legal’ information you might need, especially if you want to avoid some time courtesy of Her Majesty’s Bed and Breakfast establishment’s scattered around the country!

I was influenced a very long time ago, by stories then circulating amongst friends of mine in the USA, about Charlie Sprinkle. More on Charlie can be found on my blog HERE Charlie has, sadly, passed away since I wrote that piece and I now feel I owe him a debt of gratitude for reminding me that, it’s often humble people from ordinary backgrounds that can affect the greatest change. So this article is inspired by Charlie Sprinkle.

Now, although this is dedicated to that great Californian champion, this article is aimed squarely at those people residing in the UK. Although, you can cite case law in a defence (and academic opinion) from almost anywhere.

The sources used for this piece include:-

bailii.org (British and Irish Legal Information Institute, a reference for many solicitors and law professionals in the UK), look up case law from almost anywhere in the world. Open to use by members of the public FREE.

legislation.gov.uk (the Governments’ own web site covering legal the full content of ‘statutes’ and ‘Acts’), covers legislation for Scotland, England, Ireland and Wales. Also FREE to use and extremely useful. I use it almost daily.

Halsburys Laws of England is another essential component in our quest for TRUTH, curently edited by Baron Mackay of Clashfern a Scot.

I urge you always to do your own research and the best place to start is by searching the database of Halsbury’s Laws of England here http://lexisweb.co.uk/guides/sources/halsbury-s-laws-of-england

The House of Lords, the UK parliament web site and many other sources (including YouTube) are useful too and these formed part of my overall research.

I will give you the exact case law, which you can then verify for yourselves that what I’ve put here is truthful.

Charlie Sprinkle’s entire court action is also available on-line, should my American friends wish to step-by-step follow his example, which is truly remarkable. See my earlier piece on Charlie and watch some videos of Charlie describing the process he used  HERE

Firstly, the case law you need to to study (in date order), are these:-

R v Donovan [1934] 2 KB 498 at 507, [1934] All ER Rep 207 at 210. In delivering the judgement of the Court of Criminal Appeal Swift J, said:-

“If an act is unlawful in the sense of being in itself a criminal act, it is plain that it cannot be rendered lawful because the person to whose detriment it is done consents to it. No person can license another to commit a crime.”

Justice Swift is telling us that, driving without government documents such as licences, MOT’s etc., cannot be ‘of itself criminal’, as the government licences these acts and therefore they cannot be criminal.

This is still a leading case, as can be seen from this document which can be found on The House of Lords’ website:

 http://www.commonlii.org/in/journals/NLUDLRS/2011/8.pdf

Ex parte Lewis (1888) 21 Q.B.D. 191 Wills J. said in regard to public right of passage:-

“The only ‘dedication’ in the legal sense that we are aware of is that of a public right of passage, of which the legal description is a ‘right for all Her Majesty’s subjects at all seasons of the year freely and at their will to pass and re-pass without let or hindrance.’ ”

 

This makes the point that you can travel freely and that you can pass without ‘let’ (to hinder or stand in the way of)  or ‘hindrance’ (obstruction). The phrase ‘without let or hindrance’, meaning, without impediment, something that is free to progress.

Read the whole piece in the context of the case at the House of Lords: http://www.publications.parliament.uk/pa/ld199899/ldjudgmt/jd990304/jones01.htm

It’s often interesting to look up some of the other case law cited in a judgement too.

DPP v. Jones and Another [1999] Lord Irvine LC

“The law should not make unlawful what is commonplace and well accepted.”

Lord Irvine makes the point that, one day you were a farmer with a shotgun, the next you’re a criminal because you don’t have a license for it. (a license has been required since 1962). See http://www.legislation.gov.uk/ukpga/1968/27

See this UK Parliament (House of Lords) document here for a full transcript of the case: http://www.publications.parliament.uk/pa/ld199899/ldjudgmt/jd990304/jones01.htm

Interestingly, this article coincided with the News that, Khat is to become illegal in this country too (at the time of writing), so those people who have it in their possession from next week will become criminals!

These cases help our understanding of and help to define the ‘common law right to travel’ argument in the legal realm.

So there you have it, I hope that helps many people, including the Police and other law professionals themselves, as I’m sure many of then would rather be chasing/prosecuting real criminals.

Another common concern amongst many of you seems to be whether Solicitors act for you or the Courts… well this should help focus that argument and dispel another myth or two.

In the famous case of Batchelor -v- Pattison & Mackersy (1876) 3R914 which establishes that solicitors are officers of the court and owe the court various duties which can transcend duties owed to a client but generally when a counsel is employed the solicitor is bound to follow his instructions. In England the Rondel -v- Worley 1969 AC191 case established that solicitors “should not blindly follow counsel”.

This obviously has implications for questions of negligence when they arise in the context of the conduct of hearings. In the above case the client decided to sue his former solicitor in relation to his conduct of the trial claiming that his solicitor had been negligent. He advanced a human rights argument that he had been denied a fair trial because of negligence and claimed a miscarriage of justice had resulted. He did not aver that he would have been acquitted but for this negligence.

So there you have it, two myths dispelled for the price of one!

Many books on aspects of Law cost well over a £1,000 including Greens Litigation Styles and indeed ‘Halsbury’s Laws of England’ which costs a not inconsiderable sum of £10,100 for the latest 5th edition (at time of writing), yes, you read that correctly! See HERE. Yet we’re told that ignorance of the law is NO DEFENCE! How can we possibly understand the law when it’s prohibitively expensive to buy such books and they’re not available in my (or your), local library for the same reason? Of course this is a deliberate attempt to keep you in that state of ‘ignorance’, so that administrative courts can unlawfully steal your debt money.

By the way Lord Halsbury was a very interesting man and I’ll finish by quoting a piece from that excellent (though expensive!) work that bears his name:-

 “It is a constitutional principle that the assent of the Queen & Parliament is prerequisite to the establishment of a Court which can operate a system of administrative law in Her Majesty’s Courts in England. This was confirmed by Lord Denning during the debates on the European Communities Amendment Bill, HL Deb 08 October 1986 vol 480 cc246-95 246 at 250: “There is our judicial system deriving from the Crown as the source and fountain of justice. No court can be set up in England, no court can exist in England, except by the authority of the Queen and Parliament. That has been so ever since the Bill of Rights.”

 

So, even if you do get dragged to court over ‘alleged’  council tax, parking fines etc., you now know that administrative courts are unconstitutional and have no constitutional authority derived from parliament. They’re businesses, pure and simple. Don’t play their game.

I will be writing more on the contents of ‘Halsbury’s Laws of England’ soon, especially an in depth look at why there is NO authority for administrative courts in this country and no Act can be passed to legitimise them because of the constitutional restraints placed upon her Majesty at Her coronation (touched on in the above quote). Which means they can’t pursue you for Council Tax etc. I’ve stated many times, all taxes are voluntary! More on that coming soon, so look back.

In closing this article, you might want an understanding of the rules of OSCOLA (a guide to understanding and presenting/citing case law etc), by downloading the pdf quick guide HERE or a more in depth guide HERE

My end quote for this article is by LORD HALSBURY, HARDINGE STANLEY GIFFARD British statesman (1823 – 1921)

“My Lords, I have more than once had occasion to say that in construing a statute I believe the worst person to construe it is the person who is responsible for its draft.”
– 1902 Appeal Cases (p. 477)

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The Scottish Referendum – Declaration of Independence

The Scottish Referendum – Declaration of Independence

Well, here it is, a Scottish Declaration of Independence, yes, you can simply declare it, this includes my speech (which will form the Preamble to the Declaration when I hand it over), so that those people unfortunate enough not to be there can, at least, see the full unedited document!

I will publish the accompanying Written Constitution (which will raise a few eyebrows even amongst my supporters!), At the week-end. MORE SOON!

These documents have been written to offer the people of Scotland (and the rest of the world), a better way forward. Remember, politicians are OUR civil servants, don’t let them dictate the terms (or you will be conned again), put these forward instead (or something similar), to be voted on in a referendum for final acceptance. See the Constitution for details of how that should be achieved. HAPPY READING!

Speech/Preamble

I stand here today as the representative and spokesman of the sovereign men and women of Scotland gathered here before you, and also as the one responsible for originating our Declaration of Independence that I will make to you in a moment. In writing that Declaration of Independence I looked at many such documents and was inspired by the truth of them. The list I looked at included our own Declaration of Arbroath, but that document was submitted to an authority that is part of the controls that are placed on all of us. I also looked at the American Declaration of Independence, having also been inspired by many of the words of the early founding fathers of America. I looked too at the Palestinian Declaration and the State of Israel’s Declaration, as well as many others written over the centuries.

Therefore, having declared my influences and having found those earlier documents apposite to our own cause, I have learned from them and, coupled with words reflecting the collective views of the Scottish Sovereign people and my own personal knowledge, distilled an essence of them, yet retained enough of our truth to make a unique document that should stand testimony to the passion and wishes of our people today, a new kind of freedom for the 21st century and beyond.

Many of you may not know that such documents have been written, and any potential for enlightenment is suppressed by the limits imposed on us by our schools curriculum and the propaganda fed to us by the mass media, which is controlled by the same persons who would seek to deceive us at every turn. The depth of this deception is so far reaching, so wide in its scope, that many of you will simply not believe the extent of it. Complicit in this betrayal of the people, are those who were elected to protect them. This conspiracy is worldwide.

I will not speak more of the deception here, as this is something that will be revealed to you in the fullness of time, however it is enough for you to know that many people throughout history have warned us of the perils of our ignorance, yet we chose not to listen to them. For we are not all endowed with the equal potential for wisdom, yet some have listened and indeed heard those words and now we act in all consciousness upon them.

Some of the many people who tried to warn us were former US Presidents and Prime Ministers and other great men of history, including President Lincoln, President Kennedy, Benjamin Disraeli – a former British Prime Minister and so many others. The list runs to thousands, and you owe it to yourselves to seek the truth of these matters which directly affects everything you are and everything you do. As a direct consequence of our blind ignorance we allowed the private financiers to take over the institutions of our Nations.

Therefore, I owe a great debt of gratitude to those Statesmen who have gone before me, for their words of inspiration and the nobility and eloquence of the speeches they gave. I would urge you all, wherever you reside in the world, to read those speeches again and HEAR the wisdom of it.

I have also written the Draft Constitution document that accompanies the Declaration of Independence, which I give to the Scottish People for their perusal and consultation, with a view to voting on the acceptance of it at a later date, perhaps on the Anniversary of Scotland’s own historic 9/11. This document will enshrine our rights and our responsibilities and will offer us protection from a recurrence of a system such as we have now, where our laws are being subverted for the benefit of a few wealthy financiers who seek to enslave us and future generations of this planet.

My own path to this place has been a long and arduous one, like many people of history the path towards enlightenment is fraught with hardships and it’s usually in those moments of despair that something is revealed to you, and so it was with me. I could see the injustice that surrounded me, especially when my Wife and I along with our young family were evicted onto the street following a period of low wages and rocketing inflation. When you’re standing in that position, in a supposedly free democratic country, with rights apparently given to us by the United Nations, yet, with no help from a state that, seemingly, couldn’t care less, slow realisation began to form in my mind that perhaps something was wrong, if a neighbour is in trouble, we go their aid; we don’t throw them into the street. A corner was turned and a painful lesson was learned. From that moment I resolved to find out why I suddenly seemed to have no rights because I had the audacity to be poor!

So it is that I now stand before you, 38 years later and a whole lot wiser, representing similarly minded sovereign people, in order to state to you here the ‘TRUTH’ of our sworn Scottish Declaration of Independence and the importance of a written constitution.

Whatever your views on Independence for Scotland, I ask you to remember all those who died for freedom all over the world, for those freedoms were short lived for none of us are truly free today, we are all chained to the debts that our governments run up, and we are slaves to that debt. Not just today’s generation but for many generations to come, unless we act. For whilst the ordinary folk slave to pay those national debts, those politicians and our other public servants, whose duty is to protect us, are complicit in the deception and indeed,  line their own pockets with the proceeds of their crimes against humanity.

In your heart you know that something is wrong with our systems of governance and our financial institutions, as I often hear people cry out for justice especially when it’s been denied them, for such is the great breadth of the deception that has been played on us all by these self-serving politicians and the other parasites that they foster relationships with, that the scale of this deception is truly global and affects almost all of the so-called ‘civilised’ world.

So it’s time to enter a bright new era, where there’s hope for us all, a new future free from all debt and where real justice and dignity for all can exist. But we need to grasp this opportunity now. Or the only people with a debt free existence will be those wealthy financiers who have enslaved us.

Join us in a peaceful, but loud voice that, tells the world that we the people of Scotland have had enough, we want to be free and make our country prosperous again, a country where the brains of the world will want to come, where a new enlightenment can begin and where we will have a country fit for an honest people.

I would also urge our English, Irish and Welsh neighbours to do the same and to declare themselves free people too, separate yourselves from your governments and the private banks that exert control over them and ultimately over you to, break the shackles that bind you and rise as rampant lions and sleep no more.

Before I go on to read the Declaration of Independence, I would like to finish in a long tradition of mine with a quote by a great statesman and former US President, Abraham Lincoln

“I am not bound to win, but I am bound to be true. I am not bound to 
succeed, but I am bound to live up to what light I have. I must stand with anybody that stands right, and stand with him while he is right, and part with him when he goes wrong.” 

 

Today I proudly stand with those who stand right, for I must stand with those who stand right, so then… hear our Proclamation on this the 700th Anniversary of the Battle of Bannockburn, where Scotland’s freedom was won by the blood of her Sons, only to have that freedom sold by her corrupt politicians for English gold, nearly four centuries later.

Scottish Declaration of Independence

Whereas in the course of human affairs history has shown that it may become necessary for a people to dissolve the political and economic ties which have bound them to others, and

Whereas, in such event a respect for the opinions of mankind requires them to declare to other nations the causes which impel them to assume full responsibility for their own affairs:

We, The SOVEREIGN MEN AND WOMEN of Scotland, Do Hereby Declare: That, we are determined to save succeeding generations from the scourge of war and the corruption and deception of the Scottish people by those who would seek to control or govern us. At every stage of these oppressions we, the Sovereign People of Scotland, have petitioned for redress in the most humble terms: Our repeated Petitions have been answered only by recurring injury and treachery. A government and judicial system whose character is thus marked by acts which define Tyranny, is unfit to be the government of a free people. That we voted for Independence in a previous referendum and though a majority agreed, it was still denied us, thus making this Declaration today imperative; to highlight that treachery exists at every turn.

That it has become necessary to call for the secession and the establishment of a separate independent and sovereign free state of Scotland, in exercise of our right to self-determination and recalling the long struggles of our ancient ancestors and those of our fallen heroes, and now offer justice, freedom, equality, human dignity and political and economic emancipation, having resolved to establish a system of governance that upholds the rule of law, justice, democracy, human rights and respect for all.

That we can now succeed in our objectives because of those sacrifices of our fallen heroes and the long suffering of our people, and in the free will of those we speak on behalf of. For the rewards of our heroes and heroines lie in Scotland’s future and in the realization of a free people’s collective vision, and it is also in that future and in the realization of our vision. that we can begin to fulfil the dreams of so many. For this country, its institutions and its systems of law and governance, belongs to those people who inhabit it.

The land to the North of the British Isles is where the Scottish people were born, and where a Nation grew, developed and excelled. Nourished by an unfolding series of civilizations and cultures that came and went and inspired by a heritage rich in variety and kind, the Scottish people added to its stature by consolidating a union between itself and its English, Welsh and Irish neighbours, which was to our mutual benefit through two World Wars, that was to rob us all of an entire generation thanks to the scourge of the tyranny that we speak.

Thus, the Scottish people ensured for itself – by the industry of its diverse peoples and in a long and rich tradition – formed an everlasting union between itself, its land, and its history, an honourable tradition that continues to flourish today through the trade and invention of its remarkable people, despite those that would seek to destroy us through the use of deception, government controls and economic enslavement.

Our hearts are still heavy with some of the less lustrous memories of a history that, having resolved to overcome the treacheries of the past and face the future with a renewed sense of hope and in a spirit of forgiveness and reconciliation, we must be brave and wise enough to resist revisiting and instead we must embrace a more positive future. Forgiveness is the act of a merciful people and we must be lavish in our use of it. This should be combined with a period of new learning, so that the systems we devise to serve us do so as, we the people, would wish it.

We should never forget our past struggles, but, acknowledging the great sacrifices of our fallen will keep us consoled to be worthy of this new freedom and help us focus our energies on building a great new Nation, a Nation proud of its turbulent past, yet one which looks towards a future free from the shackles of indentured slavery that has fallen on us all. A Nation that will reflect the pride and achievements of its people, a Nation bound by the principles of economic and social advancement for all, a Nation through which the systems of sound governance and governed by the real consent of its people, will promote real freedom. But only if we don’t deviate away from the core objectives of our century’s long freedom struggle, or the sacrifices made by the many for us, will have been for nought.

We have stood resolute throughout that history, the Scottish people continued to forge its national identity, rising even to unimagined levels in its defence, as the threat of invasion, the design and greed of others, and the jealousy with which our oil and other national assets were eyed by Zionist bankers and usury agents and where financial powers sought to undermine and deprive the people of its political independence. Yet the undying connection between Scotland and its people secured for the land its character, and for the people its national genius.

In generation after generation, the Scottish people gave of itself unsparingly in the valiant battle for liberation around the world and in the heart of its homeland. There have been many rebellions in the heroic embodiment of our will for national independence, and now is the time for that struggle to prevail.  Despite historical injustice inflicted on the Scottish people resulting in their dispersion through the Highland Clearances and other infamous historic injustices, and attempts by money men in depriving them of their right to self-determination at various times throughout history, then today is the time to ensure that for those National heroes who made the ultimate sacrifice, we honour them and ourselves by declaring the right of the Scottish people to their sovereignty.

For in the course of modern times, a new world order has been thrust upon us, by a hostile array of local and foreign powers and the Scottish people have subsequently been excluded from the destiny that should, rightly, belong to them, as yet again unaided justice has been revealed as insufficient to drive those usurious agents, private financiers, conglomerates and the complicit politicians and other tyrants from our lands.

So let us now recreate ourselves, let us find new ways, new thinking and be ready to learn in order to adequately meet the many new challenges that will lie ahead. We should not take anything for granted. Instead every challenge should be considered an opening for even greater opportunities and triumphs. We must also beware those unscrupulous people who would seek to reapply the slime of the old bureaucracies during this transitional period.  We would seek to urge all of you to seize those opportunities when they come and accept the challenges of a much better future

For the people of Scotland have witnessed a long process which is destructive of those very precepts upon which our proud Nation has been built and now see those principles of Western democracy and responsible government corrupted by private financiers whose moral standards have pervaded all levels of our society. The people of Scotland must once again show the world, that whilst all that we cherished has become soiled by the dirty hands of a worldwide financial tyranny, that we can act to remove those people that shame us and restore faith in our ability to act as a responsible and trustworthy Nation.

The people of Scotland fully support their devolved government in their claim for sovereign independence but have witnessed the consistent refusal of the Government of the United Kingdom to accede to their entreaties; That the Government of the United Kingdom having thus demonstrated by their continual use of deception and propaganda, that they are not prepared to grant sovereign independence to Scotland, thereby persisting in maintaining an unwarrantable jurisdiction over us.

Now Therefore, We The Sovereign People of Scotland,  in humble submission to the creator of the Universe, Almighty God who controls the destinies of all peoples and nations, the Supreme Judge of the Universe, do, in the Name, and by the Authority of the Sovereign People of Scotland and by this proclamation, solemnly publish and declare, that Scotland is and of Right, Free and Independent; that it’s Absolved from all Allegiance to the British Crown, and the global legal trade, that all political and economic connection between Scotland and the rest of the United Kingdom’s of Great Britain and Northern Ireland, is and ought to be totally dissolved; and that as  a Free and Independent people, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do, so that the dignity and freedom of all men may be assured; thus we  adopt, enact and give to the people of Scotland this Scottish Declaration of Independence and the Draft Constitution annexed hereto. Now bound by our sworn oath, we mean to stand by this Scottish Declaration of Independence and its Constitution. For if our government should give up what we have begun, and agrees to make us or our kingdom subject to the Monarchy or Parliament of the United Kingdom or force us to become members of some other Union, then, we should exert ourselves at once to drive them out as our enemy and a subverter of our rights, and make some other man who was well able to defend us our Leader; for, as long as but a hundred of us remain alive, never will we on any conditions be brought again under foreign rule. It is in truth not for glory, nor riches, nor honours that we act, but for freedom — for that alone, which no honest man gives up but with life itself.

 

God save the People of Scotland

 

Given Under Our Hand on the 700th Anniversary of the Battle of Bannockburn, Signed at Bannockburn on this the 24th day of June in the Year of Our Lord Two Thousand and Fourteen

Elected Leader of the Scottish Sovereign People

Elected Deputy Leader of the Scottish Sovereign People

The Signatories and seals of one hundred sovereign men and women of Scotland.

Note the piece below

Declarative theory[edit]

By contrast, the “declarative” theory defines a state as a person in international law if it meets the following criteria: 1) a defined territory; 2) a permanent population; 3) a government and 4) a capacity to enter into relations with other states. According to declarative theory, an entity’s statehood is independent of its recognition by other states. The declarative model was most famously expressed in the 1933 Montevideo Convention.

Article 3 of the Montevideo Convention declares that statehood is independent of recognition by other states. In contrast, recognition is considered a requirement for statehood by the constitutive theory of statehood.

#indyref

A DRAFT WRITTEN CONSTITUTION FOR SCOTLAND – Article 20 and 19

ARTICLES TO FORM A DRAFT WRITTEN CONSTITUTION FOR SCOTLAND

I’ve written many articles and short stories for my blog, some of which I believe could form the basis of a draft written Constitution for Scotland, should we achieve Independence. Other newer ideas I’ve had for this subject also appear below. The numbering of these articles is not to be confused with any preference for the ‘order’ in which they appear, rather they merely represent the order in which I’ve approached them for this pre-amble. I’ve included links to my own older posts on these matters and also interesting opinion elsewhere on the internet, including many conflicting views, as I believe any idea you put forward to the general public should be able to withstand close scrutiny. I’ve started using hash tags extensively in my articles, as these are now click-able from within Twitter posts and Facebook, making it attractive to me for many editorial and educational reasons.

The post on the 12th June 2013 regarding #PERMACULTURE would form the basis of our main agricultural policy and everyone who could use some garden space would be encouraged to do this too. This would in turn, decrease our dependence on Corporate business and make the cost of our food far cheaper. This would also have the added advantage of assisting our Farmers and helping them to achieve maximum yields for little real effort. Everyone would benefit. I shall call this policy my ‘Article 20. Food Policy: Permaculture’.

Article 19. Currency: A means of exchange.

There’s much misinformation on the subject of ‘legal tender’ and I would ask you to consider the following simple explanation of it, without (hopefully) sounding too patronising:-

Legal tender is any form of payment that must be accepted for a #debt, in other words you are FORCED to accept Bank of England (read about Scottish notes HERE), notes and coins instead of something tangible and of real value like Gold or Silver or indeed anything the parties agree, to settle a debt. Generally, the term refers to government issued notes and coins, as opposed to credit, #cheques, or credit cards, as these forms of payment are, in effect, paying for a debt with another form of debt! You should also be aware of the terms circulating and non-circulating legal tender, especially if you’re a coin collector.

The laws surrounding legal tender have proved vital in the formation of the fiscal policy of many nations, thus preventing the use of foreign currency to pay debts, which may be intrinsically, of even greater value. You might want to read this Daily Mail article on why Arizona is now trying to make Gold and Silver legal tender to avoid the feared collapse of the Federal Reserve Note (FR Note, NOT a Dollar), you will also note that the Federal Reserve Note may be exchanged for ‘Lawful Money’! Look at it very closely. Whilst it may come as no surprise to those readers who are more aware of the Central Banks and their private owners, of this decision HERE to veto that idea! For a view on the Federal Reserve Note and what lawful money is READ THIS.

Before I discuss a few situations that you might find yourself in due to ‘legal tender’ issues, what many people fail to understand is that, legal tender is not a means of payment that, ‘must be accepted by the parties to a transaction’, but rather a legally defined means of payment that should not be refused by a creditor in satisfaction of a debt.

For example, in a shop, legally you offer to buy something from the shop (the shopkeeper isn’t legally offering to sell you something, only advertising his willingness to consider any offers). The shopkeeper can decline your offer for any reason, or none at all. However, in a restaurant where you’ve already eaten the meal, you’ve incurred a debt and you can use ‘legal tender’ to discharge the debt of the meal you’ve just had. The reason it’s a debt is that, you’ve not paid for it yet (usually you don’t pay for a meal in a restaurant until after you’ve eaten it).  Although, if you had rushed in without having looked at the menu (the offer), ordered and ate the meal, and then discovered the menu stated that, payment should be made in bags of silver dust or corn fed hogs, then you could be charged with theft. Unless you happened to have bags of silver dust or a herd of corn fed hogs with you, of course! An offer forms the basis of the contract, which was accepted when you ordered the meal.

If you drive into a car park that, has a ‘Notice’ on it advertising it’s prices and you park there, you’ve accepted the offer and are required to pay by coins of the value stated. However, if you park on a road or railway station that has a Ticket Machine that’s faulty, and then get a Penalty Notice, as you could not buy a ticket due to the machine being out of order and rejected your coins. Then any alleged debt was extinguished, as their agent (the ticket machine) refused the legal tender payment and also the implied agreement that, parking is free when machines are broken, as has always been the case. Remember also that, the company wouldn’t want to be forced into an additional heavy cost of certifying the correct operation of a computer (the ticket machine), as would be necessary to collect any debt involving a machine!

Finally, by way of another example, if you are visiting your bank to pay off your overdraft, the bank doesn’t have the right to turn your money away if it is ‘legal tender’, they must accept it. FORCED remember?

Hope all that helps you next time you have a discussion on ‘money’ or contracts anywhere.

Now, you might just be of the opinion that legal tender is a good idea, as we could just force that method on everyone. Well, you need to consider why currencies and inflation are destroying your standard of living and your savings. This comes about because we have nothing of value to back up our currency. This is called a fiat currency. You might be interested to know that Scottish and Northern Ireland Banks keep money in reserve in order to meet any potential threat of a run on a Bank and to cover the circulation of Scottish and Irish Notes. However, these Banks use very large denomination uncirculated notes called Giants and Titans to back up their lending. These are merely paper notes with face values of £1 million and £100 million respectively! Monopoly money, again no real tangible assets. Check out the Bank of England’s web site HERE for more on backing assets and #Giants and #Titans

So, what does all that mean for us in Scotland within the proposal for my draft #constitution? What form of ‘discharging a debt’ or paying for something should we choose? Simple, we create #lawful-money! This is money created by having a ‘tangible asset’ that backs our currency, usually and historically, this would be gold or silver and is backed by our Governments obligation to pay.

You or an elder relative may remember having silver coins when you were younger. e.g. #silver-threepence, #silver-sixpence, #silver-florin, #silver-half-crown, #gold-sovereign etc.

So we need to adopt our own #currency, this could be called the Scottish Pound Sterling (sterling=silver), or something with a Scottish name like ‘#Groat’ or how about a Scottish Dollar? This would be bringing it back to Europe where the word originates and was used for hundreds of years. See #Thaler for more on that subject and Wikipedia’s definition HERE.

Finally, you need to be familiar with the role of a Sovereign or State Bank e.g. Russian and Chinese State Banks, the North Dakota Bank and earlier Australian Banks, also the role of a real Treasury. This will be the subject of a later article, as it’s a complex subject too, although, I will try to make it a little more digestible! However, basically this is where the actual ‘money’ is deposited and where those same deposits are guaranteed by the full faith and credit of the State, but unlike the debt notes we currently have, these will be free of debt and so will be lawful currency and not ‘legal tender’.

When the then President of the US Andrew Jackson heard that the American congress had voted to renew the charter of The Second Bank of The United States, Jackson responded by using his veto to prevent the renewal bill from passing, he gives us an example of how we can all be free by changing the banking methods (same then as they are now), and move away from the power of the Central Banks. This is how we become free…

“If government would confine itself to equal protection, and, as Heaven does its rains, shower its favour alike on the high and the low, the rich and the poor, it would be an unqualified blessing. In the act before me there seems to be a wide and unnecessary departure from these just principles.”

Andrew Jackson former US President 

READ THIS for an explanation of why this is the case. These arguments will be more fully explained and explored in my next blog. Jackson (of Scots-Irish descent), was also the last US President to clear the entire US national debt!

The above article forms the basis of my Article 19: Currency and Government Banks.

“Labour was the first price, the original purchase – money that was paid for all things. It was not by gold or by silver, but by labour, that all wealth of the world was originally purchased.”
Adam Smith

 

Discussion document for Articles 18 and 17 on ARTICLES TO FORM A DRAFT WRITTEN CONSTITUTION FOR SCOTLAND coming soon.

Written by: James-Neely: Gillan

LEGAL TENDER ISSUES AND OTHER MONETARY MATTERS AFFECTING SCOTLAND

LEGAL TENDER ISSUES AND OTHER MONETARY MATTERS AFFECTING SCOTLAND

Scottish Money

Scottish Notes are NOT Legal Tender in Scotland!

Many of you have probably heard the old chestnut about not being able to exchange your Scottish Notes when in London (or ‘down South’), as those folk tendering the money often get told that “it’s not legal tender here”, this then causes the person tendering the Scottish notes to get hot under the collar and start acting like the ignorant beast that he is, because the plain fact is that, it’s not Legal Tender down South and in fact any BANKNOTE including Scottish ones, are not even Legal Tender in SCOTLAND, never mind England! FACT!

 

 

See HERE See also the Bank of England’s web site HERE for more info on Notes and other interesting facts.

Pound Coin

Pound Coin

If you research the first site at the link above you will find that, in Scotland, there is a very strict technical meaning with regards to the term ‘Legal Tender’, there’s also a limit on the amount of coin of any denomination you can tender for payment of anything.

See HERE

So, when we eventually achieve Independence, the first thing we should look at (after writing our own Constitution clearly outlining all of our rights), is sorting out a means of exchange (which is what money is at it’s simplest level), then two of the main stumbling blocks in our society are fixed at a stroke.

We also don’t need a ‘Lawful Bank’ or indeed any other kind of Bank, we set ourselves free from the need to be servant to our current monetary system (or indeed any other ‘system’) and instead become the masters of our financial world. To achieve this, we use as a basis, the historical precedent set by the former President of the USA Abraham Lincoln. Check out my earlier articles on this amazing man of vision HERE and HERE.

Too many people do not understand what money is and the sad fact of the matter is people are committing suicide every day, as a direct consequence of the control our Bankers have on us, due entirely to the fact that, we need money to purchase all of our everyday necessities, as we’ve forgotten how to grow our own food, care for our livestock and build our own homes  This has in turn enslaved us and we ourselves let it all happen, due to greed and brainwashing, the clever use of language against us and evil and corrupt people everywhere. The good men stood by, whilst the evil men inherited the world and enslaved us all.

Fortunately, there were those brave individuals throughout history that tried to warn us (read my quotations piece or see the main site for more on that subject), often these people were assassinated or killed, because the Bankers realised they were too dangerous to be allowed to live. We have been warned by many prominent people throughout the centuries and we have always ignored them, treating them as lunatics or fanatics. You were allowed to think of them as poor deluded souls. But, they understood what was going on, these people were thinkers, revolutionaries, men of vision and compassion. Sadly, their words were often met with indifference and apathy. The very same characteristics of a people that, are all to prevalent today. So come on everyone WAKE UP!. Now is the time to seize back the instruments of power that have been stolen from us, assert our own truth and our new found ideologies, only then will we achieve real, ever lasting peace and freedom.

Our country could rise to be the best place to live in the world, if we would just adopt these few simple changes. Read the put down that was printed in the LONDON TIMES of Abraham Lincoln’s ‘Greenback’ Plan (below), by the International Money Men, to see the truth of it and why WE should want it now.

“If that mischievous financial policy, which had its origin in the North American Republic, should become indurated down to a fixture, then that Government will furnish its own money without cost. It will pay off debts and be without a debt. It will have all the money necessary to carry on its commerce. It will become prosperous beyond precedent in the history of the civilized governments of the world. The brains and the wealth of all countries will go to North America. That government must be destroyed, or it will destroy every monarchy on the globe.”

The Bankers obviously understood. The only thing that continues to be a threat to their power is sovereign governments printing interest-free and debt-free paper money. They know it would break the power of the International Bankers. So, as the current Debt Crisis spirals out of control, due to these insidious Central Banks who control our monetary systems and with it corrupt our Politicians who are the servants of these money men, when in reality they are meant to be our political servants. It is desirous to return to the fiscal policies of Abraham Lincoln and re-introduce them today, without delay.

This situation must change now and I will be producing my own TWENTY point Manifesto soon (including the above two points), for any political party willing to make the changes mentioned and bring real stability, prosperity and peace to Scotland.

All the other Countries in the World should follow suit, default on your debts, ruin these Bankers, free the World, people everywhere spread the truth of this Article to everybody you know, see the wisdom and the genius in it.

“… (we) gave the people of this Republic the greatest blessing they have ever had – their own paper money to pay their own debts…” Abraham Lincoln

Save lives, save your sanity, end wars and starvation. The list of good that can be done when we are in control of our money and not the Bankers, is truly limitless.

It is a fact that, there’s too many sheep out there and even when someone takes the time to begin the process of enlightening them, they still want to be led. A new Shepard is all  that has resulted from their awakening but the fences still exist. Don’t be led…ask questions of those who would lead you, be prepared for many disappointments, but, in the end, you must follow your own path. I often use the words of Buddha at the end of my emails (or articles on this blog site) to inspire others into seeking their own ‘truth’, I will finish with one of my own personal favourites, as I find it to be both profound and apposite…

“Do not believe in anything simply because you have heard it. Do not believe in anything simply because it is spoken and rumoured by many. Do not believe in anything simply because it is found written in your religious books. Do not believe in anything merely on the authority of your teachers and elders. Do not believe in traditions because they have been handed down for many generations. But after observation and analysis, when you find that anything agrees with reason and is conducive to the good and benefit of one and all, then accept it and live up to it.”

You may be interested to know that ‘Buddha’ means ‘Awakened One’, someone who has awakened from the sleep of ignorance and sees things as they really are. See, I told you…APT! Read more on Buddha here http://www.aboutbuddha.org/english/index.htm/

A VERY MERRY CHRISTMAS  AND A HAPPY NEW YEAR TO YOU ALL, LETS HOPE THE COMING YEAR WILL BE THE START OF EVERLASTING PEACE.

DO SOMETHING KIND FOR A STRANGER TODAY AND MAKE YOURSELF HAPPY

Peace to you all, James-Neely: Gillan

 

SHERIFF OFFICERS AND BAILIFFS: YOUR RIGHTS AND FIGHTING BACK!

Due to the huge increase in my email inbox from all over the UK, with concerns over how to deal with these parasites. Here’s some useful information that, will serve two purposes here, firstly to inform you of those rights and secondly to alert you to some campaigning sites that you might not have come across and the legal as well as the lawful position on where you stand in the event these scum come to your door.

In a world where, thanks to the greed of our Bankers and the corruption within our highest institutions and governments with no plans for tackling this crisis, causing huge poverty almost everywhere and where these types of issues are confronted by the poor (and  sometimes the not so poor)every day, then here’s what you need to know.

First, Scotland: NO Sheriff Officer has the right to demand money or enter your home without a valid warrant. See below

Human rights and summary warrant procedure. In a case (1999),  it was successfully argued that ‘sheriff officers may not execute a summary warrant’ under Article 6 of the European Convention on Human Rights where ‘.. they (council rate payers), are entitled to a full court hearing before diligence can be performed.’

For the rest of my UK colleagues and supporters, please check this site out HERE also check out this other site for the methods of how to raise a legal complaint against Bailiffs HERE.

This is an interesting book and very relevant to the ‘Common Law’ arguments of both Jurisdiction and colour of law. READ IT HERE

One of the most active groups in Scotland has to be indymediascotland.org HERE another campaigning web site (with lots of useful information on dealing with Sheriff Officers in Scotland) and includes updates on cases presently being pursued by their campaigners.

I’m about to start recovery action against the local Sheriff Bandits here in Falkirk, having exhausted all private legal remedies and having given them plenty of time to pay me for servicing their ‘offers’. See my video HERE for footage of me serving the final NOTICE on Alex M. Adamson LLP (a private company), operating in this area. You might be interested to know that, I’m planning on using the Governments own initiative (see HERE for rest of UK), to recover the money due to me. The irony of this move won’t be lost on many of you! See this HERE for a guide on how much to charge for late payments. If you can make use of this yourselves, can I urge you all to start making claims against these parasites using this initiative. At last a Government idea I love! Turn the tables today!

I will be in touch with all those who have written to me for advice on this subject, this week.

In the meantime check out this site HERE for all the information you’re likely to need on debt etc.in Scotland.

Till next time and once again in the words of Abraham Lincoln…

”Labour is prior to, and independent of, capital. Capital is only the fruit of labour and could never have existed if labour had not first existed. Labour is the superior of capital, and deserves much the higher consideration.” 
Abraham Lincoln

RT – RUSSIA TODAY

I would urge many of you to watch RT (Russia Today), for a wider view on News and Financial issues. Stop watching the UK mainstream News Channels and learn what’s really going on in the world.

Also, take a look at UKCOLUMN Here for more on NEWS that you’ll want to watch and where you’ll learn much that, could possibly save you more than money!

Scottish Sovereigns Here also have a packed schedule covering a whole host of issues that, if you follow Common Law subjects, then you’ll enjoy their web and net radio.

Please also consider donating something to the last two mentioned above, as much work and research goes into producing these sites and you will genuinely learn much to your advantage.

Till next time and again in the words of Abraham Lincoln…

‘This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing government, they can exercise their constitutional right of amending it, or exercise their revolutionary right to overthrow it.’ 
Abraham Lincoln

 

 

COMMON LAW AND MAGNA CARTA 2015

If you’re interested in Common Law matters or would like to affect positive change and be a part of something worthwhile, then check out www.magna-carta-2015.org

I have a raft of new blogs coming, as the past few month’s have seen many new developments that, I would like to share with you.

So, apologies in the meantime, but it has been an exceptionally busy time for me.

Till next time and in the words of Abraham Lincoln…

‘Any people anywhere, being inclined and having the power, have the right to rise up, and shake off the existing government, and form a new one that suits them better. This is a most valuable – a most sacred right – a right, which we hope and believe, is to liberate the world’.
Abraham Lincoln

Cancer sufferer cures himself on change of diet

I was going to bring you some information on a completely different subject today, but this piece in the Daily Mail (a UK national tabloid), caught my eye and I know many of you will be interested in this for your own personal reasons. Please read the full article HERE and tell anyone you know who may be suffering from the same medical condition about it.

Peace and Love to you all.

James N. Gillan

“I am only one; but still I am one. I cannot do everything, but I still can do something. I will not refuse to do the something I can do.” – Helen Keller

Your remedy is in the law

I was in the middle of preparing a new post when this letter was brought to my attention and so for all my US friends who’re working very hard over there to help others in difficult circumstances, here’s a useful resource that you may not have come across before http://www.yourremedyisinthelaw.com/

I was sent the links and the letter US-CITIZENS-LETTER by a regular correspondent
which was originally part of a discussion on the forum for the above site I believe http://groups.yahoo.com/group/MYRLANDsMETHODs/ the letter is a MUST read if you live in the USA, the State of Iowa or Michigan particularly.

This may help many of you in the US, although, as always I will try to offer (at least) links to other resources – if I can’t help you myself. Please note though, I get over 300 emails a DAY from all over the World, from people whom are in some kind of difficulty.

I’m looking at methods of automating this task in future, so that you will get an instant general response (with many links to resources), and where further assistance may be required (at my discretion) I will respond further in person.

However, get a greater understanding of law yourselves by not only reading the many links to articles on common law matters Worldwide that, I’ve put throughout this site, but take some time to check the authorities and case-law presented to you throughout this blog at, the British and Irish Legal Information Institute or bailii.org  (which is an excellent resource in that regard), covers World Law not just British and Irish Law. This will help give you greater confidence in dealing with the many and various legal (and of course lawful!) issues that, we all (as people of this planet) must address from time-to-time.

More soon. 😉 Thanks for reading

“As nightfall does not come at once, neither does oppression. In both instances, there is a twilight when everything remains seemingly unchanged. And it is in such twilight that we all must be most aware of change in the air – however slight – lest we become unwitting victims of the darkness.” – Justice of the Supreme Court, William O. Douglas

Scottish Government publishes repossession guidance for Registered Social Landlords – June 2012

The Scottish Government has published new guidelines for RSL’s (Registered Social Landlords) seeking repossession of Social Housing property. A copy of the new guidance may be read below.

Landlords will be required to meet all pre-action requirements for all notices of proceedings involving rent arrears which are served on the Tenant or any qualifying occupier on or after 1 August 2012. Consequently, the courts will not hear any re-possession case where the Landlord has not adhered to the pre-action requirements.

The new guidelines provide:

A Landlord must do all that they can to give the Tenant advice and support prior to entering into a tenancy agreement, and also throughout the duration of the tenancy;
It is a minimum requirement that the Landlord should make sure that their internal procedure is consistent with all pre-action requirements;
The Landlord and Tenant must do all that they can to resolve rent arrears before the Landlord takes action to evict the Tenant;
The first consideration of the Landlord and Tenant must be identifying and where possible resolving the rent arrears issue;
The point of repossession should be where the arrears have an impact on the Landlord’s finances:
Evictions must always be the last resort.
The requirements for serving a notice of eviction are:

The notice should be served on any qualifying occupiers and must contain:

The grounds for recovery of the property;
The reason why repossession is being sought;
The date which eviction proceedings are to be raised;
The steps taken by the Landlord in compliance with the pre-action requirements;
All information on rent and other payment arrears given by the Landlord to the Tenant:
Any help and advice offered by the Landlord to the Tenant;
Any efforts to agree a reasonable re-payment plan, and the Tenant keeping to the agreed plan; and
Has the Tenant been advised by the Landlord to contact Local Authority.
Landlord will be required to confirm to the court that they have met all the pre-action requirements.

The Landlord cannot serve the notice where:

the Tenant has applied for housing benefit but the application has not yet been determined;
the Tenant has taken other steps which are likely to result in payment within a reasonable time scale: or
the Tenant is complying with an agreed arrears payment plan.
The court will also consider the nature, frequency and duration of the Tenant’s conduct, the extent to which the conduct was an act or omission of any person other than the Tenant and any action taken by the Landlord

Read the original document HERE 

If you’re facing eviction please get help soon, I’ve provided links at the foot of the page to various bodies in Scotland that should be able to offer you advice.

Before you do anything though, this article HERE is a MUST READ for Council Tenants everywhere in the UK. See where a reasoned approach taken by Stirling Council in Scotland, has applied common sense (if not so much common law), to this insidious practise (eviction) and at last provides a glimmer of hope to those unfortunate people caught in that situation, a situation often not of their own making.

If you’re a home owner, please see my previous articles on the illegality of many repossessions, especially if you live in Southern Ireland or the USA and Canada.

If you stay in Eire (Southern Ireland), check out Ben Gilroy or indeed read your own constitution to see where you’re all being hoodwinked. Read the Irish Constitution HERE

Interestingly there is no Twenty–second Amendment of the Constitution. The Twenty–second Amendment of the Constitution Bill, 2001 [relating to the removal of a judge from office and providing for a body to be established by law to investigate or cause to be investigated conduct constituting misbehaviour by a judge or affected by incapacity of a judge] was not passed by the Houses of the Oireachtas. No surprise there, once more an example of collusion and another attempt to deceive the people. Sadly (in my opinion), the Twelfth Amendment was not ratified by the People (the right to life of the unborn), a future article?

If you’re American or Canadian, see videos below for more on how this impacts you and what you can do about it. Fight back!.

 

I hope to be able to offer you help with this issue (through an introduction to a qualified Solicitor), on pursuing a claim in Scotland. More on this exciting development coming soon!

Links to Scottish resources: Shelter    The Scottish Government     Jonathan Mitchell Q.C. (eviction and rent arrears – a guide to the law in Scotland)