Light and Shadow Courts and County Courts Districts

Views:
 
Category: Education
     
 

Presentation Description

An as yet incomplete presentation (99% complete) that should be uploaded for the information constained and for the help that is provided to clarify how councils function and considerationn to seek some answers to Trusts and how they can be controlled, accessed or deposited. This is purely for educational purposes onnly. This is not legal advice. Seek and ye shall find.

Comments

Presentation Transcript

Slide 1: 

Civil Law Common Law Ecclesiastical Canon Law EARTH WORLD Indebtedness Great Flood Magna Carta 1215-1297 Code Napoleon 1804 Code of Urukagina and Ur-Nammu 2350-2050 BC Code of Justinian 529 English Bill of Rights 1688/89 Law of the Sea [holy See] Fire (1666) Conditions Cestui que Vie Act 1666 Great Flood Sovereign Sovereign Sovereign Unum Sanctum, ect.

Slide 2: 

http://www.thecrownestate.co.uk/about-us/our-history/ “Although the ownership of some property can be traced back to Edward the Confessor, the estate as a whole essentially dates from 1066” Crown Lands Act 1829 - 1936 Crown Estate Act 1961 Chapter 55 The Treasury and the Crown Estate, Schedule of properties rights and interests, Code of business ethics, Memorandum of understanding with MMO

Slide 3: 

Commercial Law Common Law Anglo-Saxon Law Oral Law Admiralty Court Administrative Court Court of the Pleas Alfred “the Great” Edward II & III 880-890 AD 1066 AD Battle of Hastings and William the Conqueror Feudal Law Roman Civil Law (Corpus Juris Civilis) Code Napoleon 1804 Magna Carta 1215 Code of Hammurabi (1750 BC) Code of Ur-nammu (2150 BC) Law of Manu (1550 BC) Code of Urukagina (2350 BC) Old Testament Rainbow Contract (4220 BC) Pope Innocent III & Richard III of Aquitaine Confirmation of the Charters 1297 Bank of England Act 1694 Great Fire of London 1666 English Bill of Rights 1688/89 Oliver Cromwell 1649-1660 (Based on Justinian’s Code) Reformation Jewish Expulsion Vulgate Period 13th – 15th C. Unam Sanctam 1302 – Pope Boniface VIII Romanus Pontifex 1455 – Pope Nicolas V Aeterni Regis 1481 – Pope Sixtus IV 3 TRUSTS = TRIPLE CROWN TIARA Ecclesiastical Law Plague Cést que vie Act 1666 TRUST 16th C. Justinian 525 BC

Slide 4: 

Parliament Act 1911 (1 & 2 George V) 18th August 1911 Reduced the Parliamentary term from 7 to 5 years Bill for Parliament Act 1949 16th December 1949 Changed 3 sessions to 2 sessions. Passed without the consent of the House of Lords [4] Septennial Act 1715 (William and Mary) An Act for enlarging the Time of Continuance of Parliaments, appointed by an Act made in the Sixth Year of the Reign of King William and Queen Mary, entitled An Act for the frequent meeting and calling of Parliaments. This act enlarged Parliament term from 3 to 7 years [1] Parliament Act 1661 And that as no Parliament can be lawfully kept without the special warrant and presence of the Kings Majesty or his Commissioner So no acts sentences or statutes to be past in any Parliament can be binding upon the people or have the authority and force of laws without the special authority and approbation of the Kings Majesty or his Commissioner 1interponed thereto at the making thereof [2] Crown and Parliament Recognition Act 1689 (2 Will and Mar) That we do recognize and acknowledge your Majesty’s were are and of Right ought to be by the Laws of this Realm our Sovereign Liege Lord and Lady King and Queen of England France and Ireland and the Dominions thereunto belonging in and to whose Princely Persons the Royal State Crown and Dignity of the said Realms with all Honours Stiles Titles Regalities Prerogatives Powers Jurisdictions and Authorities to the same belonging and appertaining are most fully rightfully and entirely invested and incorporated united and annexed. 1To interpose; to insert or place between [3] Meeting of Parliament Act 1694 (6 & 7 Will and Mary) Whereas by the ancient Laws and Statutes of this Kingdome frequent Parliaments ought to be held And whereas frequent and new Parliaments tend very much to the happy union and good agreement of the King and People (minimum 3 year parliament terms at least – amended with Septennial Act 1715 and Parliament Act 1911) *Acts of Parliament (Commencement) Act 1793 For remedy whereof the clerk of the Parliaments shall indorse (in English) on every Act of Parliament which shall pass after the eighth day of April 1793 *Interpretation Act 1978 Meeting of Parliament Act 1797 37 Geo 3 Meeting of Parliament Act 1799 39 & 40 Geo 3 **Clerk of the Parliaments Act 1824 Meeting of Parliament Act 1870 33 & 34 Victoria ** Constitutional Reform Act 2005 Parliament (Elections and Meeting) Act 1943

Slide 6: 

Monarch on the Throne between 1600 and 2012 James II (Catholic James) – 1685 till 1689 (abdicated throne, fled and bailed out to France from Brighton by rowing boat) William of The House of Orange – 1688/89 till 1702 (Glorious Revolution) - Anne succeeded 1702-1714 George Louis I (George I) - 1 August 1714 till 11 June 1727 George Augustus (George II) - 11 June 1727 till 25 October 1760 George William Frederick (George III) - 25 October 1760 till 29 January 1820 George Augustus Frederick (George IV) - 29 January 1820 till 26 June 1830 William Henry (William IV) - 26 June 1830 till 20 June 1837 HOUSE OF HANOVER Alexandrina Victoria (Queen Victoria) - 20 June 1837 till 22 January 1901 HOUSE OF SAXE-COBURG-GOTHA (Later WINDSOR/MOUNTATTEN Albert Edward (Edward VII) - 22 January 1901 till 6 May 1910 George Frederick Ernest Albert (George V) - 6 May 1910 till 20 January 1936 (1917 changed to Windsor due to anti-war demonstrations with house of saxe-coburg-gotha) Edward Albert Christian George Andrew Patrick David (Edward VIII) - 20 January till 11 December 1936 (abdicated) Albert Frederick Arthur George (George VI) - 11 December 1936 till 6 February 1952 HOUSE OF STUART Elizabeth Alexandra Mary (Elizabeth II) - 6 February 1952 till present day Charles I – 1625 till 1649 Commonwealth created 1649 - 1660 (then came Cromwell and later the Bank of England 1694) Charles II – 1660 till 1685

Slide 7: 

1721 - 1761 1762 WHIGS TORIES 1763 - 1769 1770 - 1781 1782 1783 - 1805 1806 1807 - 1829 1830 - 1833 1834 William Lamb, Viscount Melbourne 1835 - 1840 1841 - 1845 1846 - 1851 1852 - 1854 LIBERALS CONSERVATIVE [TORIES] 1855 - 1865 1866 - 1868 Benjamin Disreali Benjamin Disreali 1869 - 1873 1874 - 1879 1880 - 1884 1885 1886 1887 - 1891 1892 - 1894 1895 - 1904 Marquess de Salisbury - Arthur Balfour [1902-4] LIBERAL [COALITION GOVERNMENT] 1905 - 1907 1908 - 1921 1922 - 1928 1929 - 1930 NATIONAL LABOUR [NATIONAL GOVERNMENT] [1931 – 1934] CONSERVATIVE [NATIONALIST TORIES] 1935 - 1944 1945 - 1950 1951 - 1963 1964 - 1969 1970 - 1973 1974 - 1978 1979 - 1996 1997 – 2009 NEW [SLAVE] LABOUR 2010 - present CON-LIBERAL COALITION Robert Walpole [First Prime Minister] Neville Chamberlain – Winston Churchill [WWII and Postmaster General 1922-23] Margaret Thatcher years [Falklands] Tony Blair [Kuwait, Iraq] – Gordon Brown Harold Wilson Edward Heath [ECC] Harold Wilson – James Callaghan Clement Attlee (postmaster general 1831) Churchill – Sir Anthony Eden [Suez Crisis] - Harold McMillan Herbert H. Asquith – David Lloyd George Stanley Baldwin James Ramsay McDonald Sir Robert Peel John Stewart Earl of Bute Frederick North, Lord North William FitzMaurice, Earl of Shelburne William Pitt, the Younger William Grenville, Lord Grenville Robert Jenkinson, Earl of Liverpool Charles Grey, Earl Grey Sir Robert Peel Lord John Russell Viscount Palmerston William Ewart Gladstone William Ewart Gladstone William Ewart Gladstone William Ewart Gladstone Marquess de Salisbury Marquess de Salisbury Henry Campbell- Bannerman George Hamilton-Gordon, Earl of Aberdeen Nick Cameron – Dave Clegg GEORGE I (1714 – 1727) GEORGE II (1727-1760) GEORGE III (1760-1820) GEORGE IV (1820-1830) WILLIAM IV (1830-1837) QUEEN VICTORIA (1837 - 1901) Saxe-Coburg-Gotha VICTORIA ENDS 1901 *GEORGE V (1910-1936) GEORGE VI (1937-1952) ELIZABETH II (1952- Present day) EDWARD VII (1901-1910) EDWARD VIII (1936) ABD

Slide 8: 

1721 - 1761 1763 - 1769 1782 1806 48 years % 1762 1770 - 1781 1783 - 1805 1807 - 1829 1829 Robert Jenkinson, Liverpool 108 years 1721 Walpole Prime Minister 56 years % Whigs Tories

Slide 9: 

Sir Robert Peel Sir Robert Peel Benjamin Disreali William Ewart Gladstone William Ewart Gladstone William Ewart Gladstone Marquess de Salisbury Marquess de Salisbury 1830 - 1833 1835 - 1840 1846 - 1851 1855 - 1865 50% 1834 1841 - 1845 1852 - 1854 1866 - 1868 1930-31 James Ramsay McDonald 100 years 1830 Charles Grey, Earl Grey 34% Whigs Tories 1869 - 1873 1874 - 1879 1880 - 1884 1885 1886 1887 - 1891 1892 - 1894 1895 - 1904 1905 - 1907 1908 - 1921 (Liberals) 1922- 1928 (Conservative Nationalists Tories) Benjamin Disreali William Ewart Gladstone “The world is governed by very different personages from what is imagined by those who are not behind the scenes.” – Benjamin Disreali, 1852

Slide 10: 

1http://www.britannica.com/EBchecked/topic/64614/bicameral-system 1A system of government in which the legislature comprises two houses. The modern bicameral system dates back to the beginnings of constitutional government in 17th-century England and to the later 18th century on the continent of Europe and in the United States. The English Parliament became bicameral in recognition of the distinction between the nobility and clergy and the common people. When the British colonies were established in America, the colonial assemblies were likewise bicameral because there were two interests to be represented: the mother country, by the governor in council, and the colonists, by their chosen deputies. BICAMERAL SYSTEM

Slide 11: 

LOWER HOUSE UPPER HOUSE HOUSE OF COMMONS HOUSE OF LORDS

Slide 12: 

House of Representatives The Senate LOWER HOUSE UPPER HOUSE

Slide 13: 

“The Whig government set up a Royal Commission to investigate the working of local councils. Joseph Parkes, the lawyer chosen to be Secretary to the Commission, had a reputation of being radical. He investigated two-hundred and eighty-five (285) town councils, most of which were found to be unsatisfactory. As a result of the Commission's findings, a Bill was drawn up and brought to the House of Commons by Lord John Russell in June 1835. This Bill went through the House of Commons without too much difficulty. The House of Lords proved more difficult because many of the closed Corporations were controlled by Tories. The Tory Peers interpreted this Bill as an attack on privileges and property. Some amendments were made, and strong support from the Duke of Wellington and Sir Robert Peel (1834 & 1841-1845) prevented the House of Lords throwing out the Bill entirely.” (Bill means Municipal Corporations Act 1835)

Slide 14: 

7.-(1.) In this Act— "Borough" means, unless a contrary intention appears, a city or town to which this Act applies: "Municipal corporation" means the body corporate constituted by the incorporation of the inhabitants of a borough: Municipal corporation 1835 (Brighton and Hove) Whig (Labour) Government "Corporate land" means land belonging to or held in trust for a municipal corporation: "Trustees" means trustees, commissioners, or directors, or the persons charged with the execution of a trust or public duty, however designated: "Person" includes a body of persons corporate or unincorporate

Slide 15: 

142.-(1.) All payments to and out of the borough fund shall be made to and by the treasurer. (2.) All payments to the treasurer shall go to the borough fund. *Municipal corporation 1835 (Brighton and Hove) 155.-(1.) The mayor shall, by virtue of his office, be a justice for the borough, and shall, unless disqualified to be mayor, continue to be such a justice during the year next after he ceases to be mayor. 157.-(2.) A justice for a borough shall not be capable of acting as such until he has taken the oaths required to be taken by justices, except the oath as to qualification by estate, and made before the mayor or two other members of the council a declaration as in the Eighth Schedule. *"Justice" means one of Her Majesty's justices of the peace :

Slide 16: 

SCHEDULE EIGHT (8th) - Part 1 - Declarations on accepting Office. FORM A. FORM OF DECLARATION ON ACCEPTANCE OF CORPORATE OFFICE. I, A.B., having been elected mayor [or alderman (ealdorman; elder), councillor, elective auditor, or revising assessor] for the borough of __ , hereby declare that I take the said office upon myself, and will duly and faithfully fulfill the duties thereof according to the best of my judgment and ability [and in the case of the person being qualified by estate say, And I hereby declare that I am seised or possessed of real or personal estate, or both [as the case may be], to the value or amount of one thousand pounds, or five hundred pounds [as the case may require], over and above what will satisfy my just debts]. Sheriff 170.-(1.) The council of every borough being a county of itself, and of the city of Oxford, shall on the ninth of November in every year appoint a fit person to execute the office of sheriff. (2.) The appointment shall be made at the quarterly meeting of the council immediately after the election of the mayor.

Slide 17: 

Sheriffs Act 1887 chapter 55 (Regnal. 50 & 51 Victoria) Appointment and Qualification - Section 7 Declaration of office. (1) Every sheriff shall, before he enters on the execution of his office, make and subscribe a declaration in the form in the Second Schedule to this Act Section 15 Liability for wrongful imprisonment. A person unlawfully imprisoned by a sheriff or any of his officers shall have an action against such sheriff in like manner as against any other person that should imprison him without warrant. Section 17 Disability to act as justice of the peace. A person shall not, while he is sheriff of a county, act as a justice of the [F1peace in any local justice area consisting of or including the whole or a part of] F1that county, and if he does so act, all his acts done as such justice of the peace shall be void. F1Courts Act 2003 chapter 39 - SCHEDULE 8 - Sheriffs Act 1887 chapter 55 - Section 59 Section 26 Declaration by bailiffs, & c. Every deputy bailiff and officer of a sheriff or under-sheriff, and every other person who has authority or takes upon himself . . ., or to intermeddle with the execution of writs issued by any court of record, shall before he does so make a declaration . . .in the form in the Second Schedule to this Act,

Slide 18: 

“I will truly and diligently execute the good laws and statutes of this realm, and in all things well and truly behave myself in my office for the honour of the Queen *[and his Royal Highness] and the good of her subjects, and discharge the same according to the best of my skill and power” THE SECOND SCHEDULE - Declaration of Sheriff and Under Sheriff “I will truly return and truly serve all the Queen’s writs according to the best of my skill and knowledge” Sheriffs Act 1887 c. 55 (Regnal. 50 & 51 Victoria) Appointment and Qualification - Section 7 1 The Civil Procedure Act 1997 chapter 12 replaced the writ with a claim form within the civil administrative law justice system Civil Procedure Rules 1998 Civil Justice Council (Section 6). Civil Procedure Rules Committee (Section 2)

Slide 19: 

WARRANT 1A written authority used in executing process in civil or criminal cases. For example, information may be laid with the Magistrates who may issue a warrant ordering some person to be arrested and brought before the court. The offence must be indictable or punishable by imprisonment, or the person’s address must be insufficiently established for a summons to be served; or magistrates may issue a search warrant empowering the police to enter premises and search; or a warrant of execution may be issued against the goods of a judgment debtor or who has failed to pay a judgment debt in whole or in part 21. A writ or precept (an order or direction given by one authority to another) from a competent authority in pursuance of law, directing the doing of an act, and addressed to an officer or person competent to do the act, and affording him protection from damage, if he does it 1Osborn’s Concise Legal Dictionary, 10 edition, p425 2Black’s Law Dictionary, 2nd edition, p1234 2 2. Particularly, a writ or precept issued by a magistrate, justice, or other competent authority, addressed to a sheriff, constable, or other officer, requiring him to arrest the body of a person therein named, and bring him before the magistrates or the court, to answer or to be examined, touching some offence which he is charged with having committed (see Bench Warrant) 23. A warrant is an order by which the drawer authorises one person to pay a particular sum of money 25. An order issued by the proper authority of a municipal corporation, authorising the payee or holder to receive a certain sum out of the municipal treasury 24. A authority issued to a collector of taxes, empowering him to collect the taxes extended on the assessment roll and to make distress and sale of goods or land in default of payment “holder” means the payee or indorsee of a “bill” or “note” who is in possession of it, or the bearer thereof

Slide 20: 

SCHEDULE 4 Form of declaration I, ... ... ... ... of ... ... ... ... do solemnly and sincerely declare and affirm that I will well and truly serve Our Sovereign Lady the Queen in the office of constable, without favour or affection, malice or ill will; and that I will to the best of my power cause the peace to be kept and preserved, and prevent all offences against the persons and properties of Her Majesty’s subjects; and that while I continue to hold the said office I will to the best of my skill and knowledge discharge all the duties thereof faithfully according to law. 1Police Act 1996 chapter 16 - SCHEDULE 4 (original declaration) 1’I ............. of ............... do solemnly and sincerely declare and affirm that I will well and truly serve the Queen in the office of constable, with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved and prevent all offences against people and property; and that while I continue to hold the said office I will, to the best of my skill and knowledge, discharge all the duties thereof faithfully according to law.’ 1Police Reform Act 2002 chapter 30 - Part 6 - Appointment and attestation of police officers etc.- Section 83

Slide 22: 

1There is also a common law criminal offence of misconduct in a public office where an officer wilfully neglects to perform a public duty or misconducts themselves to such a degree as to amount to abuse of the public’s trust and without reasonable excuse or justification. 1http://www.metfed.org.uk/support/uploads/1214552596Office%20Constable.pdf - May 2008. Published by the Police Federation of England and Wales “The office of constable is the bedrock which underpins the delivery of justice in this country. It reminds us that those charged with enforcing law and order are office holders who are ultimately accountable to the law, not to any employer, politician or anyone else with a vested interest, for their actions. Its value and worth to the public has been demonstrated time and time again and it is the office which provides chief constables with their operational independence – from which legitimacy and consent flows.” Ken Jones, President, Association of Chief Police Officers “The police are the public, and the public are the police.” – Sir Robert Peel’s Principles “The Office of Constable is fundamental to our system of politically independent policing by consent. It’s enabled the holders to discharge their duties with impartiality and discretion. Communities are policed by members of the community. You can’t have greater accountability than that.” Ian Pointon, Chairman, Kent Police Federation

Slide 23: 

1 DISCHARGE DISCHARGE; To deprive a right or obligation of its binding force; to release a person from an obligation or prison. Thus payment discharges a debt, rescission, release, accord and satisfaction, performance, judgment, composition with creditors and merger are all varieties of discharge. For discharge from bankruptcy. 1 Osborn’s concise Law Dictionary 10th edition, Page 143

Slide 24: 

1 Perjury. Section 1 If any person lawfully sworn as a witness or as an interpreter in a judicial proceeding wilfully makes a statement material in that proceeding, which he knows to be false or does not believe to be true, he shall be guilty of perjury, and shall, on conviction thereof on 2 indictment, be liable to penal servitude for a term not exceeding seven years, or to imprisonment . . . F1 for a term not exceeding two years, or to a fine or to both such penal servitude or imprisonment and fine. (2) The expression “judicial proceeding” includes a proceeding before any court, tribunal, or person having by law power to hear, receive, and examine evidence on oath. Section 5 False statutory declarations and other false statements without oath. If any person knowingly and wilfully makes (otherwise than on oath) a statement false in a material particular, and the statement is made— in a statutory declaration; or in an abstract, account, balance sheet, book, certificate, (birth certificate, marriage certificate, ect) declaration, entry, estimate, inventory, notice, report, return, or other document which he is authorised or required to make, attest, or verify, by any public general Act of Parliament for the time being in force; or in any oral declaration or oral answer which he is required to make by, under, or in pursuance of any public general Act of Parliament for the time being in force, he shall be guilty of a misdemeanour and shall be liable on conviction thereof on indictment to imprisonment, for any term not exceeding two years, or to a fine or to both such imprisonment and fine. (see also Section 7 Aiders, abettors, suborners, &c.) Perjury Act 1911 1 & 2 George 5 chapter 6

Slide 25: 

Oath of allegiance 2“I, _________ , do swear by Almighty God that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her heirs and successors, according to law.” (Bill of Rights 1688/89, Coronation Oath Act 1688, Act of Settlement 1700, Statutory Declarations Act 1835, Municipal corporation 1835, Promissory Oaths Act 1868, Commissioners For Oaths Act 1889, Accession Oath 1910, Police Act 1996) Judicial oath (Oath of Court) 2“I, _________ , do swear by Almighty God that I will well and truly serve our Sovereign Lady Queen Elizabeth the Second in the office of ________ , and I will do right to all manner of people after the laws and usages of this realm, without fear or favour, affection or ill will." The jurisdiction of a magistrate’s court is mainly conferred by statute (The Magistrates Courts Act 1980 and the Courts Act 2003 and Statutory Declarations Act 1835, section 7, VII - Oaths in Courts of Justice applies) 1When judges are sworn in they take two oaths/affirmations. The first is the oath of allegiance and the second the judicial oath; these are collectively referred to as the judicial oath.

Slide 26: 

SCHEDULE referred to by the foregoing Act I A.B. do solemnly and sincerely declare, that and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of an Act made and passed in the year of the reign of his present Majesty, intituled “Statutory Declarations Act 1835”. Section 18 - Voluntary declaration in the form in the schedule may be taken. It shall and may be lawful for any justice of the peace, notary public, or other officer now by law authorized to administer an oath, to take and receive the declaration of any person voluntarily making the same before him in the form in the schedule to this Act annexed; Statutory Declarations Act 1835 16 Declaration in writing sufficient to prove execution of any will, codicil. It shall and may be lawful to and for any attesting witness to the execution of any will or codicil, deed or instrument in writing, and to and for any other competent person, to verify and prove the signing, sealing, publication, or delivery of any such will, codicil (Wills Act 1837, ss.1,9), deed, or instrument in writing, by such declaration in writing made as aforesaid; and every such justice, notary, or other officer shall be and is hereby authorized and empowered to administer or receive such declaration.

Slide 27: 

BRIGHTON BECAME AND IS A MUNICIPAL CORPORATION (1835) A MAYORAL OFFICE WAS RECOGNISED AT THE SAME TIME A SHERIFF WAS (Sheriffs Act 1887 ) ALL COUNCILLORS WITHIN A MUNICIPAL CORPORATION MUST TAKE A DECLARATION AND 2 JUDICIAL OATHS (OATH OF ALLIEGANCE and the OATH OF COURT) COLLECTIVELY CALLED the JUDICIAL OATH (but it’s now a non-metropolitan county/unitary authority) (but it would appear to be a mere ceremonial office today?) (but the Council as a Corporate entity is a Trust with Trustees/ agents /employees /members and non-members, partners, associations, schemes, ect) THE TREASURY IS COUPLED TO THE COUNTY COUNCIL FOR PAYMENTS

Slide 28: 

Issued a writ or order to warrant for arrest or search, ect upon the named person Sui Generis, Sui Juris Man Municipal Borough then becomes a court (of law?) All “Officers” are still Trustees Named Person or Property can also apply distress, and are indemnified against damnification or damage by the authorising “officer”

Slide 29: 

Criminal Law Act 1967 chapter 58 Section 1 Abolition of distinction between felony and misdemeanour. (1) All distinctions between felony and misdemeanour are hereby abolished. (2) Subject to the provisions of this Act, on all matters on which a distinction has previously been made between felony and misdemeanour, including mode of trial, the law and practice in relation to all offences cognisable under the law of England and Wales (including piracy) shall be the law and practice applicable at the commencement of this Act in relation to misdemeanour. Section 2 – Arrest without warrant repealed by introduction of PACE (Police and Criminal Evidence Act 1984 (c. 60, SIF 95), section 119 (2), Schedule 7 Part I) Theft Act 1968 chapter 58 and cheat Section 3 Use of force in making arrest, etc. (1) A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large. (2) Subsection (1) above shall replace the rules of the common law on the question when force used for a purpose mentioned in the subsection is justified by that purpose. Section 6 Trial of offences. (1) Where a person is arraigned on an indictment— (a) he shall in all cases be entitled to make a plea of not guilty in addition to any demurrer or special plea;

Slide 30: 

Section 8 repealed by Courts Act 1971 (c. 23), Schedule. 11 Pt. IV Section 9 Pardon. Nothing in this Act shall affect Her Majesty’s royal prerogative of mercy, but a pardon in respect of any offence if granted by warrant under Her royal sign manual, countersigned by the Secretary of State, shall be of like effect as a pardon under the great seal. Forfeiture Act 1870 Ch. 23 (33 & 34 Victoria) section 1 & 5 repealed by Statute Law (Repeals) Act 1993 c. 50

Slide 31: 

JURISDICTION JURISPRUDENCE – WHAT SYSTEM OF LAW/JUSTICE IS IN OPERATION OR ATTEMPTED TO BE OPERATED OR IMPLEMENTED?

Slide 32: 

The Constitutional Reform Act 2005 (Commencement No. 11) Order 2009 No. 1604 - Article 2 - 2.  The following provisions of the Constitutional Reform Act 2005 come into force on 1st October 2009— (f) Parts 5 and 6 of Schedule 18 (and section 146 so far as relating to those provisions). 1Commissioners For Oaths Act 1889 Constitutional Reform Act 2005 chapter 4 SCHEDULE 18 - Part 5 Commissioners for Oaths Act 1889 c. 10 In section 11 the definition of “Supreme Court”. 2Section 11 Definition. In this Act, unless the context otherwise requires,— “Oath” includes affirmation and declaration: “Affidavit” includes affirmation, statutory or other declaration, acknowledgement, examination, and attestation or protestation of honour: “Swear” includes affirm, declare, and protest. 2Definition in Section 11 repealed (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 146, 148, Sch. 11 para. 15(3), Schedule 18 Part 5; S.I. 2009/1604, article 2(d)(f) 1Courts and Legal Services Act 1990 Chapter 41 - Part II Probate services Section 56(5) “affidavit” has the same meaning as the Commissioner for Oaths Act 1889 Section 2 Powers of certain officers of court, &c. to administer oaths. Every person who, being an officer of or performing duties in relation to any court, is for the time being so authorised by a judge of the court, or by or in pursuance of any rules or orders regulating the procedure of the court, and every person directed to take an examination in any cause or matter in the [Senior Courts], shall have authority to administer any oath or take any affidavit required for any purpose connected with his duties.

Slide 33: 

F1“Supreme Court” or “Supreme Court of Judicature” & also Constitutional Reform Act 2005 (c. 4), subsection 59, 148, Schedule. 11 paragraph. 4; The Constitutional Reform Act 2005 (Commencement No. 11) Order 2009 removes “House of Lords” and replaces it with “Supreme Court” amongst a myriad of other changes (Tax Management Act 1970, Commonwealth Secretariat Act 1966, in section 1 (the Commonwealth Secretariat, its privileges and immunities), An Act to make further provision as respects the [F1Senior Courts] and county courts, judges and juries, to establish a Crown Court as part of the [F1Senior Courts] to try indictments and exercise certain other jurisdiction, to abolish courts of assize and certain other courts and to deal with their jurisdiction and other consequential matters, and to amend in other respects the law about courts and court proceedings. 12th May 1971 Courts Act 1971 (Conservative Government under Heath) (Supreme) Senior Courts Act 1981 Chapter 54 An Act to consolidate with amendments the Supreme Court of Judicature (Consolidation) Act 1925 and other enactments relating to the [F2Senior Courts] in England and Wales and the administration of justice therein; to repeal certain obsolete or unnecessary enactments so relating; to amend Part VIII of the Mental Health Act 1959, the Courts-Martial (Appeals) Act 1968, the Arbitration Act 1979 and the law relating to county courts; and for connected purposes. F2 The Constitutional Reform Act 2005 (Commencement No. 11) Order 2009

Slide 34: 

BRIGHTON & HOVE BOROUGH COUNCIL (TAX) The first place to look is the County Courts Act 1984 Chapter 28 Section 1 County courts to be held for districts. (1) For the purposes of this Act, England and Wales shall be divided into districts, and a court shall be held under this Act for each district at one or more places in it; and [F1each court] shall have such jurisdiction and powers as are conferred by this Act and any other enactment for the time being in force. (2) Every court so held shall be called a county court and shall be a court of record and shall have a seal. F1 Civil Procedure Act 1997 Section 15 General jurisdiction in actions of contract and tort. (1) Subject to subsection (2), a county court shall have jurisdiction to hear and determine any action founded on contract or tort Section 58 Persons who may take affidavits for use in county courts. (1) An affidavit to be used in a county court may be sworn before— (a) the judge or registrar of any court; or (b) any justice of the peace; or (c) an officer of any court appointed by the judge of that court for the purpose, as well as before [F1a commissioner for oaths or any other person] authorised to take affidavits under the Commissioners for Oaths Acts 1889 and 1891 . . . (2) An affidavit sworn before a judge or registrar or before any such officer may be sworn without the payment of any fee.

Slide 35: 

Section 4 Use of public buildings for courts. (1) Where, in any place in which a county court is held, there is a building, being a town hall, court-house or other public building belonging to any local or other public authority, that building shall, with all necessary rooms, furniture and fittings in it, be used for the purpose of holding the court, without any charge for rent or other payment, except the reasonable and necessary charges for lighting, heating and cleaning the building when used for that purpose. County Courts Act 1984 Chapter 28 1984 c. 28 Part II Recovery of land and cases where title in question - Section 21 (1) A county court shall have jurisdiction to hear and determine any action for the recovery of land .. (2) A county court shall have jurisdiction to hear and determine any action in which the title to any hereditament comes in question, (7) In this section - “dwelling-house” includes any building or part of a building which is used as a dwelling; (9) This section does not apply to a mortgage securing an agreement which is a regulated agreement within the meaning of the Consumer Credit Act 1974.

Slide 36: 

Jurisdiction 2.—(1) A county court shall have jurisdiction under – (a) sections 30, 146 and 147 of the Law of Property Act 1925 (1), (f) section 66 of the Taxes Management Act 1970 (6), (“taxpayer”) (h) section 139(5)(b) of the Consumer Credit Act 1974 (8), (l) sections 15, 16, 21, 25 and 139 of the County Courts Act 1984 (12), (m) section 39(4) of, and paragraph 3(1) of Schedule 3 to, the Legal Aid Act 1988 (13), (o) section 40 of the Housing Act 1988 (15), whatever the amount involved in the proceedings and whatever the value of any fund or asset connected with the proceedings. (2) A county court shall have jurisdiction under— (a) section 10 of the Local Land Charges Act 1975 (16), and (b) section 10(4) of the Rentcharges Act 1977 (17), where the sum concerned or amount claimed does not exceed £5,000. The High Court and County Courts Jurisdiction Order 1991 S.I. 1991/724 Section 62 General power of judge to determine questions of law and fact. Subject to the provisions of this Act and of [F1rules of court], the judge of a county court shall be the sole judge in all proceedings brought in the court, and shall determine all questions of fact as well as of law. County Courts Act 1984 Chapter 28 F1Section 62 changed by Civil Procedure Act 1997 Act, c.12, section.10, Schedule. 2 para. 2(2) For “county court rules”, wherever occurring, there is substituted “F1rules of court ”. Article 3(b) The Civil Procedure Act 1997 (Commencement No. 1) Order 1997/841 activated Section 10: Minor and consequential amendments of that Act

Slide 37: 

Section 23 Equity jurisdiction. A county court shall have all the jurisdiction of the High Court to hear and determine— (a) proceedings for the administration of the estate of a deceased person, where the estate does not exceed in amount or value the county court limit; (b) proceedings— (i) for the execution of any trust, or (ii) for a declaration that a trust subsists, or (iii) under section 1 of the Variation of Trusts Act 1958, where the estate or fund subject, or alleged to be subject, to the trust does not exceed in amount or value the county court limit; County Courts Act 1984 Chapter 28 Part II (g) proceedings for relief against fraud or mistake, where the damage sustained or the estate or fund in respect of which relief is sought does not exceed in amount or value the county court limit.

Slide 38: 

Section 250 Saving for existing corporations. (1) Nothing in this Act shall prejudicially affect any charter granted before the commencement of this Act, or take away, abridge, or prejudicially affect any of the rights, powers, privileges, estates, property, duties, liabilities, or obligations vested in or imposed on any municipal corporation existing at the commencement of this Act, or in or on the mayor, or the council of a borough then existing, or any members or committee of the council, by the incorporation of the inhabitants of the borough, or by transfer from any other authority, or otherwise; but every such charter shall continue to operate, and every such corporation shall continue to have 1perpetual succession and a common seal, and to be capable in law by the council to do and 2suffer all acts which at the commencement of this Act they and their successors respectively may lawfully do or suffer, and the corporation and all members and officers thereof and their sureties, and every such mayor, and every such council and committee, and every such officer, shall continue to have, enjoy, and be subject to the like rights, powers, offices, privileges, estates, property, duties, liabilities, and obligations, as if this Act had not been passed, without prejudice, nevertheless, to the operation of the repeal of enactments by this Act, and to the other express provisions of this Act. Municipal corporation 1882 2 Suffer: To suffer an act to be done, by a person who can prevent it, is to permit or consent to it; to approve of it, and not to hinder it. It implies a willingness of the mind. Sufferance: Toleration; negative permission by not forbidding; passive consent; license implied from the omission or neglect to enforce an adverse right. (1,2 Black’s Law Dictionary, 2nd Edition) 1Perpetual Succession: That continuing existence which enables a corporation to manage its affairs and hold property without the necessity of perpetual conveyances for the purposes of transmitting it. By reason of this quality, it is the ideal artificial person, in its legal entity and personality, though frequent changes may be made to its members

Slide 39: 

Confirmation of the Charters (1297) 1297 CHAPTER 6 25 Edward 1 cc 1 6 I - Confirmation of the Charters - Publication thereof *Words repealed by Wild Creatures and Forest Laws Act 1971 (c. 47), s. 1(4) **that they allow the same Charters in all their points, in Pleas before them, and in Judgements EDWARD, by the Grace of God, King of England, Lord of Ireland, and Duke of Guyan, To All those that these present Letters shall hear or see, Greeting. Know Ye that We, to the honour of God, and of Holy Church, and to the Profit of our Realm, have granted for us [and by us] and our Heirs, that the Charter of Liberties, (*and the Charter of the Forest for the wealth of our Realm) which were made by Common Assent of all the Realm, in the time of King Henry our Father, shall be kept in every point without breach. And We will that our Justices, Sheriffs, Mayors, and other Ministers, which under Us have the Laws of our Land to guide, **shall allow the said Charters pleaded before them in Judgment in all their points; that is to wit, the Great Charter as the Common Law

Slide 41: 

Magna Carta 1215 9th – 15th Century CE 1302 Unum Sanctum 1455 Romanus Pontifex Pope Boniface VIII 1481 Aeterni Regis Henry II 1154-1189 Constitutions of Clarendon 1164 Voluntary Servitude; Slavery by Consent MONARCH -ENGLISH SUBJECT 3 Trusts Assize of Clarendon 1166 Henry III 1216 - 1272 Assize of Northampton 1176 “Court of Common Pleas” John 1199-1216 Alfred “The Great” circa 880-890 CE Trial by Ordeal abolished 1213 at 4th Lateran Council Provisions of Oxford 1258 Pope Innocent III Edward I 1272-1302 1198-1216 Confirmation of the Charters 1297 Pope Nicholas V Pope Sixtus V Pope Leo X 1513 to his death in 1521 Pope Marinus of Sicily & the True Cross Edict of Expulsion 1290-1656 Edward II 1307-1327 William the Conqueror 1066 – Feudal Law The 3rd Crusade and Richard III (the Lionheart) Henry III 1216 - 1272

Slide 42: 

1215 Magna Carta Confirmation of the Charters 1297 1926 Imperial Conferences/ Balfour Declaration on Self-Governing Dominions Ecclesiastical Papal Bulls and Edicts 1302 Unum Sanctum 1455 Romanus Pontifex Pope Boniface VIII Pope Nicholas V 1481 Aeterni Regis Pope Sixtus V The Judicature Act 1873 The UN Charter 1945 The Act of Settlement 1701 Contractual Slavery; Legalised Slavery [by voluntary Consent(?)] ‘BRITISH’ MONARCHY - ENGLISH SUBJECT UK GOVERNMENT-UK CITIZEN COMMONWEALTH CITIZEN ? British Nationality Act 1947 (British Subject) & 1981 FOREIGN POWER-COMMONWEALTH CITIZEN/BRITISH CITIZEN Recognised The Court of Common Law and the Court of the Chancery (Equity) The Act of Union 1807 The Bill of Rights 1688 1880-1888 1913-1919 Vulgate period Pope Leo X Pope Honorius III 1216-1227 Alfred “The Great” circa 880-890 CE and Pope Marinus of Sicily “Court of Common Pleas” 1649-1660 COMMONWEALTH Common Law Accession Act 1910 EL II Coronation Oath 1953

Slide 45: 

FOREIGN POWER-COMMONWEALTH CITIZEN/BRITISH CITIZEN 1 'The Charter I will sign today, on behalf of you all, represents a significant milestone as the Commonwealth continues its journey of development and renewal. 'We have now, for the first time, a single document that captures the core values and aspirations of the Commonwealth and all its members.' For the first time one document has been agreed by the 54 member states which enshrines a comprehensive range of principles and values, from gender equality to rule of law. 1 http://www.dailymail.co.uk/news/article-2291523/Queen-meets-Commonwealth-leaders-sign-historic-charter-cancelling-prior-engagements.html

Slide 46: 

THE COMMONWEALTH CHARTER (6 pages, 6 points, 16 articles) Presented to Parliament by the Secretary of State for Foreign and Commonwealth Affairs by Command of Her Majesty March 2013, first presented 14th December 2012 4. The Government sees the Commonwealth Charter as an important outcome of the modernisation process and a milestone for the Commonwealth. For the first time in its 64 year history, (1949?) the Commonwealth has a single document setting out the core values of the organisation and the aspiration of its members. 5. We recognise that the Charter is not an exhaustive document. It is an overarching summary which brings together the values and commitments of the Commonwealth that are set out in more detail in previous declarations and affirmations. (Harare Declaration, Singapore Declaration, Millbrook report) 6. The Government wants the Charter to become an established, recognisable statement of what the Commonwealth stands for, accessible to all Commonwealth citizens, and a means to protect and promote the Commonwealth’s core democratic values for years to come. Recalling that the Commonwealth is a voluntary association of independent and equal sovereign states, each responsible for its own policies, consulting and co-operating in the common interests of our peoples

Slide 47: 

Affirming that the Commonwealth way is to seek consensus through consultation and the sharing of experience, especially through practical co-operation, and further affirming that the Commonwealth is uniquely placed to serve as a model and as a catalyst for new forms of friendship and co-operation in the spirit of the Charter of the United Nations Affirming the validity of and our commitment to the values and principles of the Commonwealth as defined and strengthened over the years including: the Singapore Declaration of Commonwealth Principles, the Harare Commonwealth Declaration, the Langkawi Declaration on the Environment, the Millbrook Action Programme, the Latimer House Principles… III. INTERNATIONAL PEACE AND SECURITY We are committed to an effective multilateral system based on inclusiveness, equity, justice and international law as the best foundation for achieving consensus We support international efforts for peace and disarmament at the United Nations and other multilateral institutions. We reaffirm our commitment to work together as a diverse community of nations, individually, and collectively under the auspices and authority of the United Nations, to take concerted and resolute action to eradicate terrorism.

Slide 48: 

X. PROTECTING THE ENVIRONMENT ..facilitating the development, diffusion and deployment of affordable environmentally friendly technologies and renewable energy, and the prevention of illicit dumping of toxic and hazardous waste.. (wrongfully dumped into the food chain, like fluoride or Aspartame perhaps?) XI. ACCESS TO HEALTH, EDUCATION, FOOD AND SHELTER We recognise the right of everyone to have access to safe, sufficient and nutritious food, consistent with the progressive realisation of the right to adequate food in the context of national food security. XII. GENDER EQUALITY XIII. IMPORTANCE OF YOUNG PEOPLE IN THE COMMONWEALTH XIV. RECOGNITION OF THE NEEDS OF SMALL STATES XV. RECOGNITION OF THE NEEDS OF VULNERABLE STATES XVI. THE ROLE OF CIVIL SOCIETY Develop/ment + goals cited 15 times Economic cited 13 times Sustainable cited 9 times Inclusiveness cited 2 times Rule of Law cited 6 times Robust cited 0 times!!!!

Slide 49: 

V. Rio Summit - 5. We reaffirm our commitment to make every effort to accelerate the achievement of the internationally agreed development goals, including the Millennium Development Goals by 2015 Christoff Heyns, UN Special Rapporteur, Unofficial Reports Concerning Legal Matters in the United Nations, Drones, Volume 46, 1st June, 2012, Number 10, p161 16. We reaffirm our commitment to fully implement the Rio Declaration on Environment and Development, Agenda 21, the Programme for the Further Implementation of Agenda 21,.. “Decisions over life and death in armed conflict may require compassion and intuition. Humans - while they are fallible - at least might possess these qualities, whereas robots definitely do not. [Robots] should not have the power of life and death over human beings,” Heyns stated.

Slide 51: 

Coronation Oath Act 1688 CHAPTER 6 1 William & Mary Section I Oath heretofore framed in doubtful Words. Section III Form of Oath and Administration thereof “Whereas by the Law and Ancient Usage of this Realme the Kings and Queens thereof have taken a Solemne Oath” Accession Declaration Act 1910 CHAPTER 29 10 Edward 7 & 1 George 5 1 Alteration of form of accession declaration. The declaration to be made, subscribed, and audibly repeated by the Sovereign under section one of the Bill of Rights and section two of the Act of Settlement shall be that set out in the Schedule to this Act instead of that referred to in the said sections…I will, according to the true intent of the enactments which secure the Protestant succession to the Throne of my Realm, uphold and maintain the said enactments to the best of my powers according to law “pray that it may be declared and enacted That all and singular the Rights and Liberties asserted and claimed in the said Declaration are the true antient and 1indubitable Rights and Liberties of the People of this Kingdome and soe shall be esteemed allowed adjudged deemed and taken to be and that all and every the particulars aforesaid shall be firmly and strictly holden and observed as they are expressed in the said Declaration” Bill of Rights 1688 CHAPTER 2 1 William & Mary Sess 2 Promissory Oath Act 1868 “I will do right to all manner of people after the laws and usages of this realm” 1indubitable - Impossible to doubt; unquestionable: "an indubitable truth". Synonyms: undoubted - unquestionable - certain - questionless

Slide 52: 

Oath of allegiance 2“I, _________ , do swear by Almighty God that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her heirs and successors, according to law.” (Bill of Rights 1688/89, Coronation Oath Act 1688, Crown and Parliament Recognition Act 1689, Meeting of Parliament Act 1694, Act of Settlement 1700, Statutory Declarations Act 1835, Municipal corporations Act 1835, Promissory Oaths Act 1868, Sheriffs Act 1887, Commissioners For Oaths Act 1889, Accession Oath Act 1910, Perjury Act 1911, Police Act 1996) Judicial oath (Oath of Court) 2“I, _________ , do swear by Almighty God that I will well and truly serve our Sovereign Lady Queen Elizabeth the Second in the office of ________ , and I will do right to all manner of people after the laws and usages of this realm, without fear or favour, affection or ill will."

Slide 53: 

1A number of statutes govern the declarations and oaths which must be made by a new monarch. The Bill of Rights 1688 required the monarch to make a solemn public declaration 127 August 2008, Author: Lucinda Maer and Oonagh Gay, Parliament and Constitution Centre www.parliament.uk/briefing-papers/SN00435.pdf‎ 2 http://www.royal.gov.uk/ImagesandBroadcasts/Historicspeechesandbroadcasts/CoronationOath2June1953 2“Will you solemnly promise and swear to govern the Peoples of the United Kingdom of Great Britain and Northern Ireland, Canada, Australia, New Zealand, the Union of South Africa, Pakistan, and Ceylon, and of your Possessions and the other Territories to any of them belonging or pertaining, according to their respective laws and customs? Queen. I solemnly promise so to do. (Coronation Oath, 2 June 1953) 2Coronation Oath Act 1688 2“Will you solemnely promise and sweare to governe the people of this kingdome of England and the dominions thereto belonging according to the statutes in Parlyament agreed on and the laws and customs of the same? The King and Queene shall say, I solemnly promise soe to doe”.

Slide 54: 

The Prescription Act

Slide 55: 

Local Government Act 1972 c. 70 - Part XII - Status, etc Section 246 Preservation of powers, privileges and rights of existing cities or boroughs. (1) Any privileges or rights belonging immediately before 1st April 1974 to the citizens or burgesses of an existing city or borough shall belong on and after that date to the inhabitants of the area of the existing city or borough. Section 247 Right of free trading in boroughs. Notwithstanding any custom or byelaw, every person in any borough may keep any shop for the sale of all lawful wares and merchandises by wholesale or retail, and use every 1lawful trade, occupation, mystery, and handicraft for hire, gain, sale, or otherwise within any borough. Municipal corporation 1882 Local Government Act 1888 Section 79 Incorporation of county council. (2) All duties and liabilities of the inhabitants of a county shall become and be duties and liabilities of the council of such county A Shield to defend Oneself with! 1Lawful – In a statute is normally permissive, but may confer legal rights, the resistance to which, or the infringement of which by others would be wrongful (Page 239, Osborn’s Legal Dictionary 10th Edition)

Slide 56: 

THEN CAME THE ELECTORAL AND COUNTY COUNCIL SHAKE UP

Slide 57: 

The Local Government Commission Section 12 The Local Government Commission for England. (1)There shall be a body corporate to be known as the Local Government Commission for England (in this Part referred to as “the Local Government Commission”) for the purpose of carrying out the functions assigned to it by section 13 below. Local Government Act 1992 c. 19 Part II Section 14 Changes that may be recommended. (1) For the purposes of this Part— (a) a structural change is the replacement, in any non-metropolitan area, of the two principal tiers of local government with a single tier; (b) a boundary change is any of the changes specified in subsection (3) below, whether made for the purpose of facilitating a structural change or independently of any such change; and (c) an electoral change is a change of electoral arrangements for any local government area, whether made in consequence of any structural or boundary change or independently of any such change; (2) In subsection (1)(a) above— (a) The reference to a non-metropolitan area is a reference to any area which is or, as a result of any recommended boundary change would be, a non-metropolitan county or a non-metropolitan district

Slide 58: 

PART II - LOCAL GOVERNMENT REORGANISATION IN BRIGHTON AND HOVE Existing local government areas Section 10.—(1) The existing East Sussex districts of Brighton and Hove shall be abolished. (2) Brighton Council and Hove Council shall be wound up and dissolved S.I 1995 No. 1770 - LOCAL GOVERNMENT, ENGLAND AND WALES The East Sussex (Boroughs of Brighton and Hove) (Structural Change) Order 1995 (April 1st 1997) Fire services Section 8.-(2) The area of the Brighton and Hove district shall, subject to any combination scheme under the Fire Services 1947 Act, become the area of a fire authority for the purposes of that Act. PART III - ELECTORAL ARRANGEMENTS Electoral areas in Brighton and Hove 11.—(1) The district of Brighton and Hove shall be divided into 26 wards and each ward shall be represented by 3 councillors. (2) Those wards shall comprise the areas and bear the names of the wards described in the Borough of Brighton (Electoral Arrangements) Order 1980 (15) and the Borough of Hove (ElectoralArrangements) Order 1978 (16). (15) S.I.1980/196 (16) S.I. 1978/753

Slide 59: 

Revocation Section 4. The Borough of Brighton (Electoral Arrangements) Order 1980, the Borough of Hove (Electoral Arrangements) Order 1978 and article 11 of the East Sussex (Boroughs of Brighton and Hove) (Structural Change) Order 1995 are hereby revoked. Wards of the city of Brighton and Hove Section 2.—(1) The existing wards of the city (e) shall be abolished. (2) The city shall be divided into twenty-one (21) wards which shall bear the names set out in column (1) of the Schedule. (e) See the Borough of Brighton (Electoral Arrangements) Order 1980 (S.I. 1980/196) and The Borough of Hove (Electoral Arrangements) Order 1978 (S.I. 1978/753) as amended by the East Sussex (Boroughs of Brighton and Hove) (Structural Change) Order 1995 (S.I. 1995/1770) S.I 2001 No. 4055 LOCAL GOVERNMENT, ENGLAND The City of Brighton and Hove (Electoral Changes) Order 2001 (May 1st, 2003) Signed by authority of the Secretary of State for Transport, Local Government and the Regions Alan Whitehead, Parliamentary Under Secretary of State, Department for Transport, Local 20th December 2001 Government and the Regions

Slide 61: 

Ward budgets 4.20 The council has a “ward budget” scheme whereby ward councillors may use money from the budget to hire meeting rooms, for stationery and other support. These should be used strictly for the purposes of discharging councillors’ roles as community councillors and in connection with council business. PART 8.2 PRACTICE NOTE ON PUBLICITY AND THE USE OF COUNCIL FACILITIES Ward is a most intriguing word, contextually. Black’s Law dictionary 2nd edition defines it as thus:

Slide 62: 

Localism Act 2011 11 November 2011 (500+ pages) Section 3: Limits on charging in exercise of general power Subsection (2) applies where— a local authority provides a service to a person otherwise than for a commercial purpose, and its providing the service to the person is done, or could be done, in exercise of the general power. (2) The general power confers power to charge the person for providing the service to the person only if— the service is not one that a statutory provision requires the authority to provide to the person, the person has agreed to its being provided, and ignoring this section and section 93 of the Local Government Act 2003, the authority does not have power to charge for providing the service. And a small sword to go with that Shield to defend Oneself with! Social Security Administration Act 1992 c. 5 - Part XV - Miscellaneous Section 187 Certain benefit to be inalienable (1) Subject to the provisions of this Act, every assignment of or charge on— (a) benefit as defined in section 122 of the Contributions and Benefits Act; (b) any income-related benefit; or (c) child benefit, and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of a beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

Slide 63: 

122 Interpretation of Parts I to VI and supplementary provisions Social Security Contributions and Benefits Act 1992 c. 4 - Part VI - Interpretation (1) In Parts I to V above and this Part of this Act, unless the context otherwise requires— “beneficiary”, in relation to any benefit, means the person entitled to that benefit; “benefit” means— (a) benefit under Parts II to V of this Act other than Old Cases payments; Section 58 Incapacity for work: work as councillor to be disregarded (1) In determining for the purposes of any of the provisions of this Part of this Act which relate to sickness benefit or invalidity benefit whether any day is to be treated as a day of incapacity for work in relation to a person, there shall be disregarded any work which that person has undertaken, or is capable of undertaking, as a councillor. (5) Any reference in this section to the work which a person undertakes, or is capable of undertaking, as a councillor shall be taken to include a reference to any work which he undertakes, or is capable of undertaking, as a member of any of the bodies referred to in— (a) section 177 (1) of the [1972 c. 70.] Local Government Act 1972 of which he is a member by virtue of his being a councillor. Part II Section 25 Unemployment benefit Part IV Section 130 Housing benefit And a small sword to go with that Shield to defend Oneself with!

Slide 64: 

Section 27 Duty to promote and maintain high standards of conduct (1) A relevant authority must promote and maintain high standards of conduct by members and co-opted members of the authority. (2) In discharging its duty under subsection (1), a relevant authority must, in particular, adopt a code dealing with the conduct that is expected of members and co-opted members of the authority when they are acting in that capacity. (3) A relevant authority that is a parish council— (a) may comply with subsection (2) by adopting the code adopted under that subsection by its principal authority, where relevant on the basis that references in that code to its principal authority's register are to its register, and (b) may for that purpose assume that its principal authority has complied with section 28 (1) and (2). Codes of conduct A relevant authority must secure that a code adopted by it under section 27(2) (a “code of conduct”) is, when viewed as a whole, consistent with the following principles— (a) selflessness; (b) integrity; (c) objectivity; (d) accountability; (e) openness; (f) honesty; (g) leadership. (12) A relevant authority must publicise its adoption, revision or replacement of a code of conduct in such manner as it considers is likely to bring the adoption, revision or replacement of the code of conduct to the attention of persons who live in its area. Localism Act 2011 11 November 2011 (500+ pages)

Slide 65: 

PART 8.8 CODE OF CONDUCT FOR EMPLOYEES (OFFICERS) 5.1 You must declare in the registers of interests membership of any organisation not open to the public without formal membership and commitment of allegiance, and that has secrecy about rules or membership or conduct. This includes membership of organisations such as the freemasons. Declaration of such membership is required in order to avoid allegations of conflict between an officer’s job and their personal interests and allegiances (oaths under Promissory Oaths Act 1882, Accession Declaration Act 1910, Act of Settlement 1700, Statutory Declarations Act 1835, Municipal Corporations Act 1835/1882 for example) 5. Membership of non-open / closed organisations

Slide 66: 

PART 8.1 CODE OF CONDUCT FOR MEMBERS This code has been prepared and adopted by Brighton & Hove City Council (“the authority”) in accordance with Section 27 Localism Act 2011 Sanctions for Breach of the Code Any person may make a written complaint that you have acted in breach of the code. Investigation of any such complaint may lead to sanctions being applied to you. Introduction and interpretation 1. (1) This Code applies to you as a member of the authority, when acting in that capacity. (2) This Code is based upon seven principles fundamental to public service. You should have regard to these principles as they will help you to comply with the Code. Selflessness 1. Members should serve only the public interest and should never improperly confer an advantage or disadvantage on any person

Slide 67: 

2.05 Conduct Councillors will at all times observe the Members’ Code of Conduct and the Code of Conduct for Member/Officer Relations set out in Part 8 of this constitution BRIGHTON & HOVE BOROUGH COUNCIL - PART 2 ARTICLES OF THE CONSTITUTION - MEMBERS OF THE COUNCIL 3.01 Citizens’ rights (a) Voting. Citizens on the electoral roll for the area have the right to vote in any European, national or local elections (b) Information. Citizens have the right to: (iv) inspect the Council’s accounts and make their views known to the external auditor 3.02 Citizens’ responsibilities Citizens must not be violent, abusive or threatening to Councillors or officers and must not wilfully harm property owned by the Council, Councillors or officers. They should also comply with the law (including byelaws) and the Council’s procedures in dealing with the Council (under 3.01 Citizen’s rights (d) Complaints)

Slide 68: 

Assumption 1: One Declares or affirms or attests an Oath/Judicial Oath and takes ‘office’; recognising protestant succession laws and hereditary rights of monarch (Bill of Rights 1688/89, Coronation Oath Act and The Act of Settlement 1707) Assumption 2: Any building can be utilised for the use of a court to be held at a place, within a borough or town Assumption 3: Jurisdiction is granted and operated via the Magistrate’s Court Act 1980 and the Courts Act 2003 in borough council courts (also the Ecclesiastical Jurisdiction Act) Assumption 4: All payments are delivered to the Treasury via Brighton and Hove County Council Assumption 5: All Council members, councillors, agents, employees, ect are effectively Trustees Assumption 6: All Brighton and Hove County Council members, councillors, agents, employees, ect are all bound by Council Constitution and Codes of Conduct (Part 8 primarily)

Slide 69: 

Let’s have a break…. 

Slide 70: 

‘It is the king who will judge the dead, accompanied by Hell's chief executioner He-who-must-not-be-named, on the day the revered gods are slaughtered.’ Pyramid Texts 273-4

Slide 72: 

Mirror Doctor, Lawyer, Bricklayer, Taxpayer, Nurse, Pope, King, Prince, Princess, His Royal Highness (HRH), plumber, Teacher, Sportsman, MBE, PhD, MD, CEO, assistant, director, scuba diver, Police Officer, Judge, individual, corporations (McDonalds, Bank Of England, Primark, Dominoes Pizza, ect … i.e. THE NAME of the THING Self/Shadow/Shwt/Ego Persons/Fictions I, Me, Myself Me, Myself and I Corporations (aggregate, sole) incorporated or not

Slide 73: 

A caduceus symbol, inscribed on a building at the Bronx Zoo, flanked by a lion on the right and lioness on the left.

Slide 75: 

1Symbolic scene of the digital avatar, “Zoe” standing on the checkerboard floor under her own illumination 1 snapshot of scene from ‘Caprica TV series

Slide 76: 

Self/ Shadow/ Shwt Persons/ Fictions Doctor, Lawyer, Bricklayer, Taxpayer, Nurse, Pope, King, Prince, Princess, His Royal Highness (HRH), plumber, Teacher, Sportsman, MBE, PhD, MD, CEO, Assistant, Director, Scuba diver, Police Officer, Judge, Individual, corporations (McDonalds, Bank Of England, UK PLC, Dominoes Pizza, ect … i.e. the NAME (TITLE) of the THING Mirror Corporations (aggregate, sole) incorporated or not Mirror Analogue/Natural Digital/UN-Natural

Slide 78: 

He for whose life land is holden by another person; the latter is called tenant per auter vie, or tenant for another's life Cestui Que Vie - 1666 He or She; The person for whom a benefit exists. A Cestui Que Trust is a person for whose benefit a trust is created; a beneficiary. Although legal title of the trust is vested in the trustee, the Cestui Que Trust is the beneficiary who is entitled to all benefits from a trust.

Slide 79: 

A trust exists when a person, or persons (the “trustee”, or “trustees” if more than one) has a duty to administer property for the benefit of another or others (the “beneficiary” or “beneficiaries”). The word “trust” is also used to describe the duties incident to the office of a personal representative (section 68 of the Trust Act 1925) Instead of for the beneficiary, the trust may have a duty to hold the property for a particular purpose (for example, a charitable purpose). With some exceptions, trusts for non-charitable purposes are invalid. Every kind of property, legal or equitable, can be the subject of a trust (provided the purpose of the trust is not illegal, or contrary to public policy, and the trust fulfils the principles of property law Trusts can be created expressly, by a declaration of trust, or impliedly by law. No special words are needed to create an express trust, but the words that are used must impose an obligation on the trustee to apply the property for the benefit of the beneficiary or for the purposes of the trust. The property subject to the trust, and the objects or persons to be benefited, must be certain. Express trusts of equitable interests must comply with section 53 (1)(c) of the Law of property Act 1925; and a declaration of trust regarding land, or any interest therein, must comply with section 53 (1)(b) of the Law of Property Act 1925). Trust instruments are a deed vesting property in trustees for the benefit of the beneficiaries specified in the deed. For settled land it is the instrument under which the trustees of the settlement are appointed; powers of the appointment are set out; and it bears any ad valorem duty payable in respect of the settlement (Settled Land Act 1925).

Slide 80: 

Municipal Corporations Act 1882 Special Trusts and Powers Section 134 Corporation to be trustee where corporators trustees. The municipal corporation of a borough shall be trustees for executing by the council the powers and provisions of all Acts of Parliament made before the passing of the Municipal Corporations Act, 1835 (other than Acts made for securing charitable uses and trusts), and of all trusts (other than charitable uses and trusts) of which the body corporate of the borough, or any of the members thereof in their corporate capacity, was or were sole trustees before the first election of councillors in the borough under the Municipal Corporations Act, 1835. Section 135 Appointment of members of council to be trustees in cases of joint trusts and other cases. (1) In every borough in which the body corporate, or a particular or limited number, class, or description of members thereof, or of persons appointed by the body corporate, was or were before the passing of the Municipal Corporations Act, 1835, trustees jointly with other trustees for the execution of any Act of Parliament, or of any trust, or in which the body corporate, or any particular or limited number, class, or description of members or nominees thereof, by any statute, charter, bye-law, or custom, before the passing of the Municipal Corporations Act, 1835, was or were, lawfully appointed to or exercised any powers, duties, or functions, not otherwise in the Municipal Corporations Act, 1835, or this Act provided for, and the continuance of which is not inconsistent with the provisions of the Municipal Corporations Act, 1835, or this Act, the council, on the day prescribed in any Act of Parliament as aforesaid, or in the deed or will by which the trust is created, for a new election, nomination, or appointment of trustees, or on which a new election, nomination, or appointment has usually been made (and if there is no day prescribed or usually observed, then on or within ten days after the first of January in every year,) shall appoint the like number of members of the council, or as near as may be to the like number of members of the council, as there were theretofore members or nominees of the body corporate of the borough who in right of their office were such trustees, or charged with the execution of such powers, duties, and functions, in room of the members or nominees of the body corporate ceasing to be trustees, or ceasing to exercise such powers, duties, and functions by virtue of the Municipal Corporations Act, 1835.

Slide 81: 

The Trustees Act 1925 - PART II Section 21. Trustees may deposit any documents held by deposit of them relating to the trust, or to the trust property, with any banker or banking company or any other company whose business includes the undertaking of the safe custody of documents, and any sum payable in respect of such deposit shall be paid out of the income of the trust property. Maintenance, Advancement and Protective Trusts Section 31.-(1) Where any property is held by trustees in trust for any person for any interest whatsoever, whether vested or contingent, then, subject to any prior interests or charges affecting that property- (ii) if such person on attaining the age of twenty one years has not a vested interest in such income, the trustees shall thenceforth pay the income of that property and of any accretion thereto under subsection (2) of this section to him, until he either attains a vested interest therein or dies, or until failure of his interest

Slide 82: 

REGISTRATION (of Stock) In the practice of corporations this consists of recording in the official books of the company the names and address of the holder of each certificate of stock, with the date of its issue and, in the case of a transfer of stock from one holder to another, the names of both parties and such other details as will identify the transaction and preserve a memorial or official record of its essential facts

Slide 83: 

“Very soon, every American will be required to register their biological property (that's you and your children) in a national system designed to keep track of the people and that will operate under the ancient system of pledging. By such methodology, we can compel people to submit to our agenda, which will affect our security as a charge back for our fiat paper currency. Every American will be forced to register or suffer being able to work and earn a living. They will be our chattels (property) and we will hold the security interest over them forever, by operation of the law-merchant under the scheme of secured transactions. Americans, by unknowingly or unwittingly delivering the bills of lading (Birth Certificate) to us will be rendered bankrupt and insolvent, forever to remain economic slaves via taxation, secured by their pledges. They will be stripped of their rights and given a commercial value designed to make us a profit and they will be none the wiser, for not one man in a million could ever figure our plans and, if by accident one or two should figure it out, we have in our arsenal plausible deniability. After all, this is the only logical way to fund government, by floating liens and debts to the registrants in the form of benefits and privileges. This will inevitably reap us huge profits beyond our wildest expectations and leave every American a contributor to this fraud, which we will call "Social Insurance." Without realizing it, every American will unknowingly be our servant, however begrudgingly. The people will become helpless and without any hope for their redemption and we will employ the high office (presidency) of our dummy corporation to foment this plot against America." - Colonel Edward Mandell House

Slide 84: 

(5) Every transfer payment and delivery made in pursuance of any such order shall be valid and take effect as if the same had been made on the authority or by the act of all the persons entitled to the money and securities so transferred, paid, or delivered. The Trustees Act 1925, Section 63 Also see: Settled Land Act 1925 and Law of Property Act 1925 63.-(1) Trustees, or the majority of trustees, having in their hands or under their control money or securities belonging to a trust, may pay the same into court ; and the same shall, subject to rules of court, be dealt with according to the orders of the court. (2) The receipt or certificate of the proper officer shall be a sufficient discharge to trustees for the money or securities so paid into court. (3) Where money or securities are vested in any persons as trustees, and the majority are desirous of paying the same into court, but the concurrence of the other or others cannot be obtained, the court may order the payment into court to be made by the majority without the concurrence of the other or others. (4) Where any such money or securities are deposited with any banker, broker, or other depositary, the court may order payment or delivery of the money or securities to the majority of the trustees for the purpose of payment into court.

Slide 85: 

Section 3: All property may be disposed of by will; Contingent Interests; Rights of Entry; and property acquired after the execution of the will. It shall be lawful for every person to devise, bequeath, or dispose of, by his will executed in manner herein-after required, all real estate and all personal estate which he shall be entitled to, either at law or in equity, at the time of his death, and which, if not so devised, bequeathed, or disposed of, would devolve F1 upon his executor or administrator; and the power hereby given shall extend F1 to all contingent, executory or other future interests in any real or personal estate, whether the testator may or may not be ascertained as the person or one of the persons in whom the same respectively may become vested, and whether he may be entitled thereto under the instrument by which the same respectively were created, or under any disposition thereof by deed or will; and also to all rights of entry for conditions broken, and other rights of entry; and also to such of the same estates, interests, and rights respectively, and other real and personal estate, as the testator may be entitled to at the time of his death, notwithstanding that he may become entitled to the same subsequently to the execution of his will. 1837 c. 26 (Regnal. 7 Will 4 &1 Vict) Section 3 F1 Words repealed by Statute Law (Repeals) Act 1969 (c. 52), Schedule Part. III (words from “upon the heir” to “ancestor or”; and the words from “to all real estate” to “hereditament and also”

Slide 86: 

Births, Deaths and Marriages Act 1953 12 Certificate of registration of birth. At the time of registering the birth of any child, the registrar shall, if so required by the informant of the birth give to the informant a certificate under his hand in the prescribed form that he has registered the birth. 33 Short certificate of birth. (1) Any person shall, on payment of a fee of ninepence and on furnishing the prescribed particulars, be entitled to obtain from the Registrar General, a superintendent registrar or a registrar a short certificate of the birth of any person.

Slide 87: 

Borough Council Sui Generis, Sui Juris Man Municipal Borough Council holds land in Trust Your assessed Person is issued a Council Tax demand All “Officers” are Trustees Named Person “person” includes a body of persons whether incorporated or not (Bills of Exchange Act 1882) Taxes Management Act 1970

Slide 88: 

WARRANT 1A written authority used in executing process in civil or criminal cases. For example, information may be laid with the Magistrates who may issue a warrant ordering some person to be arrested and brought before the court. The offence must be indictable or punishable by imprisonment, or the person’s address must be insufficiently established for a summons to be served; or magistrates may issue a search warrant empowering the police to enter premises and search; or a warrant of execution may be issued against the goods of a judgment debtor or who has failed to pay a judgment debt in whole or in part 21. A writ or precept (an order or direction given by one authority to another) from a competent authority in pursuance of law, directing the doing of an act, and addressed to an officer or person competent to do the act, and affording him protection from damage, if he does it 1Osborn’s Concise Legal Dictionary, 10 edition, p425 2Black’s Law Dictionary, 2nd edition, p1234 2 2. Particularly, a writ or precept issued by a magistrate, justice, or other competent authority, addressed to a sheriff, constable, or other officer, requiring him to arrest the body of a person therein named, and bring him before the magistrates or the court, to answer or to be examined, touching some offence which he is charged with having committed (see Bench Warrant) 23. A warrant is an order by which the drawer authorises one person to pay a particular sum of money 25. An order issued by the proper authority of a municipal corporation, authorising the payee or holder to receive a certain sum out of the municipal treasury 24. A authority issued to a collector of taxes, empowering him to collect the taxes extended on the assessment roll and to make distress and sale of goods or land in default of payment “holder” means the payee or indorsee of a “bill” or “note” who is in possession of it, or the bearer thereof

Slide 89: 

Issue a writ or order to warrant for arrest or search, ect upon the named person Sui Generis, Sui Juris Man Municipal Borough then becomes a court (of law?) All “Officers” are still Trustees Named Person can also apply distress, and are indemnified against damnification or damage by the authorising “officer”

Slide 90: 

Brighton and Hove County Council Municipal corporations Act 1835 & 11882 Treasury Mayor Sheriff Trustees Persons (ward) Security/ Berth Certificate Court SCHEDULE EIGHT (8) - Part 1 - Declarations on accepting Office. FORM A. FORM OF DECLARATION ON ACCEPTANCE OF CORPORATE OFFICE Section 157 Section 170 Oath of allegiance (under God) Oath of Court (under God) Promissory Oath Act 1868 I will do right to all manner of people after the laws and usages of this realm Statutory Declarations Act 1835 Statutory Declarations Act 1835 33 years Courts Act 1971 County Courts Act 1984 Chapter 28 The High Court and County Courts Jurisdiction Order 1991 SI 1991 724 Localism Act 2011 Code of Conduct Trustees Act 1925 Law of Property Act 1925 Wills Act 1925 Local Government Act 1970 Local Government Act 1888 Commissioners of Her Majesty's Treasury Inhabitant (Burgess) 1"Bank of England" means the Governor and Company of the Bank of England S.I 1995 No. 1770 1995 Citizen Freeman

Slide 91: 

PUBLIC/DEAD ENTITY AT LAW Private/Sovereign/Live TRUST CORPUS RES ESTATE “MotherLand” Estate “FATHER-LAND” STATE-OWNED Mother/Father “informs” and registers Baby at Births, Deaths and Marriages Government (STATE) acknowledges registration and issues BIRTH CERTIFCATE (in Lieu of Crown Grant) Government sets up TRUST in the PUBLIC in the Family name of the new born baby Administered by PUBLIC TRUST Government holds TITLE Functions in commerce and afforded Government protections An Unregistered (Un-Flagged) ship can be arrested when entering port and is open to plunder and boarding by pirates/privateers/bankers While Government holds TITLE, the named PERSON (MR HUGH JARSE) is an Un-Flagged ship on the seas of commerce Grantor Settlor Trustor Creator Draftor Executor The Living, Breathing, thinking being Trustee PUBLIC TRUSTEE Berth Certificate Surrendered (Trustee) BENEFICIARY Beneficiary PUBLIC TRUST PUBLIC TRUSTEE

Slide 92: 

GRANTOR For the named BENEFICIARY TRUSTEE PUBLIC TRUST PUBLIC TRUSTEE The Government/STATE becomes the BENEFICIARY Private/Sovereign/Crown/Live Private Trust Living man or woman GRANTOR dead - No Living man or woman Entity DEAD at Law JOHN DOE John Doe Surrender Berth Certificate Discharge Debt/Death

Slide 93: 

ARTICLE 10 – OFFICERS - 10.01 Terminology The use of the word “officers” means all employees and staff engaged by the Council to carry out its functions Chief Executive 1. Head of Paid Service under section 4 of the Local Government and Housing Act 1989. 2. Overall corporate management and operational responsibility (including overall management responsibility for all officers) 3. Provision of professional advice to all parties in the decision making process 4. Responsibility for various matters in relation to Members (including taking declarations of acceptance of office and receiving resignations) 5. Representing the Council on partnership and external bodies (as required by statute or the Council) 6. Exercising functions delegated to other officers unless the function is required by law or the scheme of delegation to be exercised by another person (e.g. Monitoring Officer and Chief Finance Officer duties) 7. Acting as the Returning Officer with overall responsibility for conduct of Local and National Elections 10.07 Conduct Officers will comply with the Code of Conduct for Employees and the Code of Conduct for Member/Officer Relations set out in Part 8 of the constitution. BRIGHTON & HOVE CITY COUNCIL - PART 2 ARTICLES OF THE CONSTITUTION -

Slide 94: 

CHIEF EXECUTIVE OFFICER Head of Paid Service under the Local Government and Housing Act 1989 taking declarations of acceptance of office proper officer for the receipt of notices and other functions under Sections 15 and 16 of the Local Government and Housing Act 1989 Returning Officer (or Deputy Returning Officer in the case of National and European Elections) under the Representation of the People Acts If so designated by the Secretary of State, Police Area Returning Officer and/or Local Returning Officer under the Police Reform and Social Responsibility Act 2011 MONITORING OFFICER

Slide 95: 

(4) Registration Service (a) To exercise the Council’s functions under the Registration Service Act 1953 regarding the registration of births, deaths and marriages; (b) To exercise the Council’s functions under the Marriage Acts of 1949 and 1994, the Civil Partnerships Act 2004 and the Marriages (Approved Premises) Regulations 1995 save where a review has been sought; (c) To be the proper officer for the purposes of the Registration Service Act 1953 and carry out functions in accordance with Brighton & Hove Registration Scheme 2007. CHIEF EXECUTIVE OFFICER IS ALSO…

Slide 96: 

EXECUTIVE DIRECTOR FINANCE & RESOURCES Officer responsible for the administration of the Council’s financial affairs for the purposes of Section 151 of the Local Government Act 1972; Enter into contracts in relation to the Council’s banking arrangements & to make premature repayment of mortgages and bonds To make arrangements for the borrowing of such monies as the Council has decided shall be borrowed To issue bonds in accordance with the provisions of the Local Government and Housing Act 1989; To issue bills in accordance with the provision of the Local Government and Housing Act 1989 and approved conditions indemnity for Members and officers appointed or nominated by the council to serve on outside bodies MONITORING OFFICER Schedule 6 of the Constitution - Local Government Finance Act 1992 and Regulations made thereunder in connection with the administration, collection and enforcement of the Council Tax

Slide 97: 

(3) Power to issue notices In addition to the Executive Director Finance & Resources, the Head of City Services, the Head of Revenues and Benefits and the Revenues Manager are authorised to issue and sign the necessary documents and institute proceedings in the Magistrates’ Court for the recovery of, or in connection with the recovery of Non Domestic Rates and Council Tax. SCHEDULE 6 - BRIGHTON & HOVE COUNCIL - PART 6 - ARTICLES OF THE CONSTITUTION - Functions delegated to the Executive Director Finance & Resources in relation to local taxation (2) Council Tax To exercise the functions of the Council under the Local Government Finance Act 1992 and Regulations made thereunder in connection with the administration, collection and enforcement of the Council Tax (provided that this power shall not include the functions of the Council regarding the setting of the Council Tax Base and the level of Council Tax itself), including but not limited to:- (a) the issuing of demand notices and reminders; (b) issuing proceedings for a liability order; (c) taking all enforcement actions including attachment of earnings, levying of distress, application for a charging order and petitions for bankruptcy/winding up; (d) without prejudice to the provisions of paragraph 4 of Part A the authorisation of officers for specific purposes where such authorisation is required by legislation or under any rule of law including (but not limited to) authorisation levy distress or otherwise act as bailiffs and authorisation to make attachment of earnings orders; (e) the authorisation of outside agents to levy distress on behalf of the Council; (f) the granting of discretionary relief in accordance with the policies of the Council

Slide 98: 

CHAPTER 8 PAY ACCOUNTABILITY - Section 38 Pay policy statements 38.-(1) A relevant authority must prepare a pay policy statement for the financial year 2012-2013 and each subsequent financial year. (2) A pay policy statement for a financial year must set out the authority's policies for the financial year relating to— (a) the remuneration of its chief officers, (b) the remuneration of its lowest-paid employees, and (c) the relationship between— (i) the remuneration of its chief officers, and (ii) the remuneration of its employees who are not chief officers. Localism Act 2011 11 November 2011 (500+ pages) (4) The statement must include the authority's policies relating to— (a) the level and elements of remuneration for each chief officer, (b) remuneration of chief officers on recruitment, (c) increases and additions to remuneration for each chief officer, (d) the use of performance-related pay for chief officers, (e) the use of bonuses for chief officers, (f) the approach to the payment of chief officers on their ceasing to hold office under or to be employed by the authority, and (g) the publication of and access to information relating to remuneration of chief officers. (5) A pay policy statement for a financial year may also set out the authority's policies for the financial year relating to the other terms and conditions applying to the authority‘s chief officers (2) The first statement must be prepared and approved before the end of 31 March 2012 (Section 39 Supplementary provisions relating to statements).

Slide 99: 

HEAD OF LEGAL & DEMOCRATIC SERVICES AND MONITORING OFFICER Monitoring Officer of the Council for the purposes of Section 5 of the Local Government and Housing Act 1989 and discharge the functions of that officer under the Local Government Act 2000 Solicitor’s role – As Head of Law, to be the Solicitor and the proper officer for the legal affairs of the Council To exercise the Council’s functions under Section 222 of the Local Government Act 1972 to institute or defend proceedings in the interests of the inhabitants of the Council’s area etc authorise any officer to represent the Council in the County Court under Section 64 of the County Courts Act 1984; authorise any officer to appear on behalf of the Council in any court, tribunal, arbitration hearing; authorise any officer or person representing the Council to sign statements of truth in court proceedings Conveyances, Agreements and other documents Authorisation of officers

Slide 100: 

11.07 Decision making by Council bodies acting as tribunals or in partnership with other bodies The Council, a Committee/Sub-Committee or an officer (a) acting as a tribunal or in a quasi judicial manner or determining/considering (other than for the purposes of giving advice) the civil rights and obligations or the criminal responsibility of any person will follow a proper procedure which accords with the requirements of natural justice and the right to a fair trial contained in Article 6 of the European Convention on Human Rights PART 3 COUNCIL - PART 3.1 COUNCIL FUNCTIONS 1.01 Functions of the full Council (f) Code of Conduct Adopting a Local Code of Conduct in order to maintain high ethical standards in accordance with the requirements of the Localism Act 2011.

Slide 101: 

1Interest A person is said to have an interest in a thing when he has rights, titles, advantages, duties, liabilities connected with it, whether present or future, ascertained or potential, provided they are not too remote Any direct interest in the subject-matter of legal proceedings disqualifies anyone from acting in a judicial capacity and will invalidate the proceedings if such person so acts, unless such interest is announced to or known by the parties and they waive the right to object. Interest also signifies a sum payable in respect of the use of another sum of money, called the principal. For the power to award interest on debts and damages see the Supreme Court Act 1981, Section 35A 1Osborn’s Concise Legal Dictionary, 10 edition, p224

Slide 102: 

110. Non participation in case of disclosable pecuniary interest (1) If you are present at a meeting of the authority, or any committee, sub-committee, joint committee or joint sub-committee of the authority, and you have a disclosable pecuniary interest in any matter to be considered or being considered at the meeting:- (a) you may not participate in any discussion of the matter at the meeting; So, if this is true of simple, Council (“authority”) officers who have taken both of the Judicial Oaths (an oath under God; or a solemn affirmation), then surely, in a court or a tribunal, discovery of any parties that have a pecuniary interest in the case at hand should be found, other than the facts ascertained by the complainant/complaint/Claimant and if any conflict of interests arise or are apparent due to that pecuniary (monetary) interest Note: In addition, Council Procedure Rule 27 requires you to leave the room where the meeting is held while any discussion or voting takes place 1Section 30,31,32 and 33 of the Localism Act 2011 regarding “Disclosure of pecuniary interests on taking office”

Slide 103: 

Section 15 Perjury Act 1911 Interpretation &c. (2) In this Act— The expression “oath” . . . F1includes “affirmation” and “declaration,” and the expression “swear” . . . F1includes “affirm” and “declare”; and the expression “statutory declaration” means a declaration made by virtue of the Statutory Declarations Act 1835, or of any Act, Order in Council, rule or regulation applying or extending the provisions thereof 1It was only in 1998 that responsibility for managing the government's debt was transferred from the bank to a department of the Treasury aptly called the Debt Management Office. 1http://www.bbc.co.uk/news/uk-northern-ireland-18785520 Another important innovation that would grow from William's financial revolution was the concept of "imaginary money". Money had always been seen as a solid and material thing. Now, investors began to raise money against assets like stocks, revenues and obligations, but without the tedious business of exchanging actual coins. This "imaginary money" is better known today as credit, giving William of Orange the dubious honour of paving the way for not only the National Debt, but the credit crunch as well. 1In 1997 the Government announced its intention to transfer full operational responsibility for monetary policy to the Bank of England. The Bank was given its independence as a central bank. It was also announced that the Bank would cease to be responsible for the Government’s debt management. The UK Debt Management Office was created in April 1998 as an executive agency of HM Treasury to take over responsibility for debt management. The Bank's regulatory functions passed to the Financial Services Authority.

Slide 105: 

http://www.dmo.gov.uk/index.aspx?page=About/BOE_history “In the beginning the Bank was the Government banker, managing the Government’s accounts and providing and arranging loans to the Government. It was also a commercial bank, dealing in bills – the then total equivalent of overdraft finance for trade and took deposits and issued notes. The concept ‘credit’ or ‘imaginary money’ emerged during this period also. It was realised that money could take on new forms, possess no intrinsic value and yet still retain qualities to fulfill payment obligations. Therefore at the same time the National Debt was born, paper money came into existence”

Slide 106: 

Bank Charter Act 1844 c. 32 (Regnal. 7 & 8 Victoria) .[19th July 1844] An Act to regulate the Issue of Bank Notes, and for giving to the Bank of England certain Privileges for a limited Period Section 1 Bank to establish a separate department for the issue of notes. The issue of promissory notes of the governor and company of the Bank of England, payable on demand, shall be separated and thenceforth kept wholly distinct from the general banking business of the said governor and company; and the business of and relating to such issue shall be thenceforth conducted and carried on by the said governor and company in a separate department, to be called “the Issue Department of the Bank of England,” Foley v Hill 1848 House of Lords handed down by Lord Cottenham, the Lord Chancellor. He stated thus:“Money when paid into a bank, ceases altogether to be the money of the principal… it is then the money of the banker, who is bound to return an equivalent by paying a similar sum to that deposited with him when he is asked for it.The money paid into the banker’s, is money known by the principal to be placed there for the purpose of being under the control of the banker; it is then the banker’s money; he is known to deal with it as his own; he makes what profit of it he can, which profit he retains himself,… Finance Act 2002 c. 23 - Part 6 - Registers of UK gilts - Section 138 1Considered by some as the first move towards nationalisation, the 1844 Bank Charter Act was also the key move towards the Bank achieving the monopoly of the note issue. There were to be no new issuers of notes and any existing issuers that lapsed, or who were taken over, forfeited their right to issue. 1http://www.dmo.gov.uk/index.aspx?page=About/BOE_history

Slide 107: 

Banking Charter Act 1844 1 Section 10 No banker not issuing notes on 6th May 1844, to issue notes hereafter. No person other than a banker who on the sixth day of May one thousand eight hundred and forty-four was lawfully issuing his own bank notes shall make or issue bank notes in any part of the United Kingdom. Section 13 Short title, interpretation and repeal. (1)This Act may be cited as the Currency and Bank Notes Act 1928. (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 (3)In this Act, unless the context otherwise requires,— The expression “the Bank” means the Bank of England: The expression “issue department” means the issue department of the Bank: The expression “bank note” means a note of the Bank: The expression “coin” means coin which is current and legal tender in the United Kingdom: The expression “bullion” includes any coin which is not current and legal tender in the United Kingdom. Currency and Banknotes Act 1928 chapter 13 Section 11 Restriction against issue of bank notes. It shall not be lawful for any banker to draw, accept, make, or issue, in England or Wales, any bill of exchange or promissory note or engagement for the payment of money payable to bearer on demand, or to borrow, owe, or take up, in England or Wales, any sums or sum of money on the bills or notes of such banker payable to bearer on demand

Slide 108: 

Currency and Banknotes Act 1928 chapter. 13 (Regnal. 18 & 19 George 5 (and Bank Charter Act 1844) 1Subsection 1, 2 repealed by Currency and Bank Notes Act 1954 (c. 12), section 4(2) and that was then repealed by Statute Law (Repeals) Act 1973 (c. 39), Schedule 1 Part IV (unable to locate) 1Section 2.-(1) The Bank of England shall issue bank notes up to the amount representing the gold coin and gold bullion for the time being in the issue department of the Bank, and shall in addition issue bank notes to the amount of the fiduciary note issue as determined by or under the following provisions of this section. (2) Except as otherwise provided by a direction in force under this section, the amount of the fiduciary note issue shall be fifteen hundred and seventy-five million pounds. (15,750,000?) 1Section 1(3) Bank notes shall be payable only at the head office of the Bank of England unless expressly made payable also at some other place. M1 Currency and Bank Notes Act 1954 chapter 12 M1 Bank of England Act 1833 Section 3 Interpretation. In this Act the following expressions have the meanings hereby respectively assigned to them, that is to say:— “bank notes” means notes of the Bank of England payable to bearer on demand Section 12 Penalty for defacing bank notes. If any person prints or stamps, or by any like means impresses, on any bank note any words, letters or figures, he shall, in respect of each offence, be liable on summary conviction to a penalty not exceeding [F1level 1 on the standard scale].

Slide 109: 

Currency Act 1983 chapter 9 Coinage Coinage Act 1971 (3) Section 2 of the Act of 1971 (extent to which coins are legal tender) is amended as follows— (a) for subsection (1) there are substituted the following subsections— “(1) Gold coins shall be legal tender for payment of any amount, but shall not be legal tender if their weight has become less than that specified in Schedule 1 to this Act, or in the proclamation under which they are made, as the least current weight. Section 2 Legal tender. [F1(1) Gold coins shall be legal tender for payment of any amount, but shall not be legal tender if their weight has become less than that specified in Schedule 1 to this Act

Slide 110: 

“The chances are you think that when you deposit your money in your bank account, it is still legally yours. But, I don’t want to scare you unduly, that is certainly not the case. In fact, it hasn’t been (in the UK at least) since case law established in 1811 (carr vs carr, in case you were ever wondering) that the money you put in your bank account no longer legally belongs to you – instead, you are lending it to the bank, which in turn is paying interest on the loan”

Slide 111: 

[time code: 0:18 seconds] “Who owns the money in your Bank Account? This small question has profound implications. According to a poll by IPSO MORI, over 70% of people in the UK believe that when they deposit (money) with a bank, it is theirs. But it is not. Money deposited in a Bank Account is, as established in case law going back over 200 years, legally, property of banks other than account holders. [time code: 3:47 seconds] “Not so, alas, with our system of FRACTIONAL RESERVE BANKING. Able to treat YOUR (money) as THEIR OWN, banks can carry on lending against it. 1Financial Services (Regulation of Deposits and Lending) Bill 2010-12 Type of Bill: Private Members' Bill (under the Ten Minute Rule, SO No 23) Sponsor: Mr Douglas Carswell – The Bill failed to complete its passage through Parliament before the end of the session. This means the Bill will make no further progress. 1http://services.parliament.uk/bills/2010-11/financialservicesregulationofdepositsandlending.html

Slide 114: 

1"The papacy is indeed nothing but the kingdom of Babylon and of the true aAntichrist." 1 Martin Luther, Three Treatises: Martin Luther (Philadelphia: Fortress, 1970). a System “ You shall not charge interest to your brother – interest on money or food or anything that is lent out at interest. To a foreigner you may charge interest, but to your brother you shall not charge interest, that the LORD your God may bless you in all to which you set your hand in the land which you are entering to possess’’ – Deuteronomy 23:19-20

Slide 115: 

27 18 9 1 (One) Foundation Lower Class Middle Class High Class Sur-face of Earth/Sur-face Soil

Slide 116: 

Sur-face of Earth/Sur-face of Soil Foundation

Slide 117: 

Foundation Sur-face of Earth/Sur-face of Soil Working Class Lower Class Snakes and Ladders Higher/Upper Class Do they play chess or are they still partaking in the Monopoly game? The “Hidden One” The “Un-nameable One” The “One-that-cannot-be-spoken-aloud”? Upper Middle and Middle Class Monopoly

Slide 118: 

‘It is the king who will judge the dead, accompanied by Hell's chief executioner He-who-must-not-be-named, on the day the revered gods are slaughtered.’ Pyramid Texts 273-4

Slide 119: 

3D Monopoly 3D Chess 3D Snakes and Ladders The ‘reality is…It’s all just a game, but we’re playing all 3 simultaneously….

Money is the fuel : 

Money is the fuel COMMERCE & TRADE Banking Terms are Watery analogies for the Flow of Current-Sea (Currency/Energy) “Pumping Liquidity into the ‘System’” “Regulation” “Stabilizing Markets” “Pressure on the Markets” “No captain at the helm of the ship” “Depositing” (on/in the bank) “Freezing Liquidity” Top Tier Game: Chess Upper Class Gradualism, Cunning, knowledge of opponent, sacrifice, patience Middle Tier Game: Monopoly Middle Class Lower Tier: Snakes and Ladders

Slide 123: 

Section 59 Bank not responsible to second claimant. Where any stock or dividends having been re-transferred or paid as aforesaid to a claimant by either Bank is or are afterwards claimed by another person, the Bank and their officers shall not be responsible for the same to such other claimant, but he may have recourse against the person to whom the re-transfer or payment was made. National Debt Act 1870 c. 71 (Regnal. 33 & 34 Victoria ) - Part VII Unclaimed Dividends - Section 59 Council Tax…. For a Service? Is it a service?

Slide 124: 

PART X. - FREEMEN. Definition of Freeman 201. In this Part the term freeman includes any person of the class whose rights and interests were reserved by the Municipal Corporations Act 1835, under the name either of freemen or of 1aburgesses. 202. No person shall be admitted a freeman by gift or by purchase 1 Burgess – The inhabitant of a borough or town who carried on a trade in that place Osborn’s concise legal Dictionary, 10th Edition, Page 68 a Burgess – The inhabitant or freeman of a borough or town; a person duly and legally admitted a member of a municipal corporation; an elector or voter; a person legally qualified to vote at an election

Slide 125: 

FATHER SON (HOLY) SPIRIT Jesus said to him, “I am the way, and the truth, and the life. No one comes to the Father except through me. John 14:6 GRANTOR TRUSTEE BENEFICIARY “Our Father, who art in heaven.. Hollowed be THY NAME… (surname/Family name) THY Kingdom come, THY Will (of the FATHER ) be done.. On Earth as it is in heaven” Heaven Earth

Slide 126: 

The First Part of the Institutes of the Laws of England by Sir Edward Coke (his commentary upon Littleton) From a facsimile of the 1823 edition produced by Legal Classics Library, a Division of Gryphon Editions, of New York, New York. The first edition of Coke's work was published in 1628. The agreement of the parties cannot make good that which the law maketh void. Section 51b. The law compels no man to impossible things. The argument ab impossibili is forcible in law. Section 92a.

Slide 127: 

1 “In this book, Jesus echoes the Platonic conviction that every person has his or her own star and that the fate of people is connected to their stars. Judas, Jesus says, also has his star. Near the conclusion of the text, just before Judas is transfigured and enlightened in a luminous cloud, Jesus asks Judas to look up at the heavens and see the stars and the display of light. There are many stars in the sky, but the star of Judas is special. As Jesus tells Judas, “The star that leads the way is your star” 1The Lost Gospel of Judas, Page 10

authorStream Live Help