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 BEDROOM TAX

THE BEDROOM TAX

This ill-conceived tax aimed at the very poorest in our society, is now showing us just exactly how much the government wants to know about YOU!

Start with this piece from the Scotsman Newspaper HERE, where for example ,Edinburgh city’s vice-convener of housing, Cammy Day, said the unique crackdown is necessary to prevent the council’s oversubscribed DHP allocation from running out, he added he was “not comfortable” with the tough policy.

Cllr Day, whose Forth ward is one of the poorest in the city, said: “As a result of a policy imposed by the Conservative Party we are having to do this, otherwise our entire DHP allocation would have been spent in the first three months of the financial year.

“It is a horrible position to be in, having to make a judgement on people’s lifestyle choices.”

However, city Tory group leader Cameron Rose backed the stance. He said: “I think people would expect that those seeking taxpayer money are asked to rein in their spending on luxuries. People make decisions on how they can afford to spend their money within households every day and I don’t think it’s a bad discipline to encourage.”

I personally think its rich coming from a Tory Councillor telling us to “rein in spending” when the Tories have spent more since 2010 than every government added together since 1900! Remember, this money is printed by the Bank of England (a central bank that is privately owned), so it’s a debt paid for by your taxes. Read more HERE See also some interesting facts on the CIA’s web site (yes, that CIA) World Rankings on cash and Gold Reserves HERE and HERE. Although remember, we don’t own an ounce of the gold or hold any cash reserves ourselves as, the gold etc., belongs to private Bankers, although we’re paying for it many times over through the Bedroom Tax, COUNCIL TAX, VAT, DUTY, CAR TAX, PAYE, NIC, DEATH DUTIES and every other form of taxation you can name. If we were taxed at 100% of our wages this would barely meet the interest! The USA is last on the list and we are very near the bottom too. Look at the countries with positive balances, many of them are a fraction of the size of Scotland never mind the UK. Making a great case for separation from the union and Scottish Independence. Let’s get back to printing our own LAWFUL MONEY.

If you don’t want the Bedroom Tax (or indeed any other tax), then read and learn about money. See previous articles on this subject HERE and HERE to learn more. Watch Godfrey Bloom MEP, tell the European Parliament about the Banking Scam, that many commentators such as myself have been banging on about for years.

If you’ve arrived here looking for more help with Bedroom Tax issues, use the links below to see what help may be available to you.

Shelter (England)

Shelter (Scotland)

A legal challenge to the Bedroom Tax is being plotted by Capability Scotland. Read more HERE

However, the most important point to remember in all this, is that for the first time in history, the people are being fleeced by the government to bail out Banks and re-capitalise them, all off the backs of all of us and especially the poor, who’re paying the greatest amount as a percentage of income.

Wise up, where is the revolution? Apathy is our greatest threat, not the government. You can only ever get the government you deserve, and if this government is what you want then do nothing. But in the words of perhaps the greatest politician who ever lived, Abraham Lincoln (former President of the United States), and a man who truly had a grasp on what was happening then, and incredibly is still happening today “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”.

We in the UK need to shake off the shackles of our economic slavery and overthrow those who seek to deceive and enslave us. With the rise of Pay Day Loans at exorbitant interest (I’ve seen interest rates of 3,000% and much more!), then the point of total collapse of these ‘slave’ scams must inevitably be near.

You may be interested to know that, if you charged anyone (in business transactions say), anything over a very low rate of interest in a Scottish Court action (around 8%), then you could be facing charges of Usury, yet these Pay Day Loan Sharks get away with it. Where is the law then? We’re all meant to be equal under the law, but this is verging on the truly farcical. Do you really want to borrow ONE POUND and pay back THREE THOUSAND?

As the 50th Anniversary nears of a famous speech entitled ‘I Have A Dream‘ by yet another great man, a man killed for having the courage of his own convictions, and because I too ‘have a dream’, a dream of peace and a life without any kind of slavery (especially economic slavery), so I will finish today’s blog in my customary manner with some of Martin Luther King’s most profound words

In the End, we will remember not the words of our enemies, but the silence of our friends.
Martin Luther King, Jr.

BEDROOM TAX

Note on Usury in Scot’s Law

The origins of the rules of Scots law relating to interest lie in the Canon law prohibition of usury. Prior to the Reformation the taking of interest for the use of money was at best unenforceable and at worst a criminal offence. By the 14th century, however, methods had been found of obtaining interest on money lent. The most common was a bond of annual rent, whereby a right to the whole or part of the income from a debtor’s lands was granted to a creditor as a means of repaying a loan or of paying interest upon it. After the Reformation, attitudes to the charging of interest relaxed and instead attention became focused upon the demanding of exorbitant rates of interest. The Usury Act 1587 stated that any person taking interest at more than 10% would be punished as a usurer “according to the existing laws”. Further Acts of 1594 and 1597 clarified this to mean that the penalties for demanding interest at a rate in excess of 10% would be (i) unenforceability of the claim for interest, (ii) discharge of any loan or security, and (iii) confiscation of the lender’s moveable goods and gear. By the time Stair wrote in 1681, contracts were described as “usurary” only where the interest charged was unlawful or exorbitant.

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

Update on Roger Hayes

Roger Hayes has now been released from prison and if there’s anybody out there with even the slightest interest in how our systems of Law are being manipulated and abused, then watch the video below now and complain to your MP about this issue.

Remember, this could be you or your Mother next!

BRITISH CONSTITUTION GROUP CHAIRMAN ROGER HAYES ARRESTED, CHARGED, TRIED IN SECRET BRITISH COURT AND IMPRISONED

PLEASE READ THIS PRESS RELEASE AND INFORM EVERYONE YOU KNOW.

BRITISH CONSTITUTION GROUP CHAIRMAN ROGER HAYES ARRESTED, CHARGED, TRIED IN SECRET BRITISH COURT AND IMPRISONED

Press release by UK Column Monday 2 Jul 2012 Time 21:10 BST – http://www.ukcolumn.org/ – Tel: +44 1752 478050

At 0930 this morning, in scenes reminiscent of Stasi East Germany, 2 police cars and 4 policemen from Merseyside Police arrested British Constitution Group Chairman Roger Hayes at his Wirral home and drove away.

The first his family heard of him was at 18:30 this evening via a telephone call from a Warder in Liverpool prison, to say that Roger had been tried and sentenced to prison.

At no time were the family or any other members of the public informed of his arrest, and it is understood that he was tried in a secret court without a Jury.

Denied the right to argue his case, denied the right to a Jury, denied the right for the public to see justice being done, Roger was imprisoned in the secretive gulag system that Britain has become in 2012.

Roger’s “crime” is that he has been refusing to pay his Council tax, because along with other state taxes, a proportion of the tax revenue gathered is being sent to the European Union, used to fund unlawful wars in Iraq, Afghanistan, Libya and Syria, and promote terrorism right around the world.
To pay tax under these circumstances is, at the very least, unlawful under Section 15(3) of the Terrorism Act 2000.

As such the present government of UK in Westminster is complicit to terrorist action and war crimes and therefore the payment of taxes to an unlawful, criminal regime is itself a criminal act – one in which Roger refused to participate.

In addition to his stance on taxes for unlawful purposes, Roger has also been campaigning for the Lawful Bank – a monetary initiative in which money can be issued to the public as credit, rather than as crippling debt under the existing corrupt and fraudulent International Monetary System.

As Chairman of the British Constitution Group, Roger Hayes has been an outspoken public speaker warning the British public that their rights and freedoms under Common Law and the Constitution are being stripped away and replaced by a dictatorship of secret courts operating under Administrative and Statute Law.

There is no doubt that his success in alerting ever more people to the dangers of the British / EU dictatorship being built by a criminal element now masquerading as British politicians, has caused the State to imprison Roger. His challenge to the fraudulent banking system, as evidenced by the criminal acts of Barclays bank and todays resignation by arch Bilderberger and BBC advisor Marcus Agius, will also have made Roger enemies within Britain’s wide criminal banking cabal.

Roger’s family are shocked both at his arrest, and at the realisation that Britain is now sliding into a police state, where husbands, fathers and other good people can be lifted off the streets and imprisoned. There is now no doubt that Britain is further under the control of domestic terrorists in Westminster.

We ask that all those who value their freedoms and liberty call Meryside Police for further information and an explanation of their actions, and also call Liverpool prison to establish Roger’s physical safety and well-being.

Merseyside Police Tel: 101 local or +44 (0)151 709 6010 in UK.
Liverpool Prison Tel: +44 (0)151 530 4000 Crimestoppers (UK only) Tel: 0800 555 111