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Supreme court in the county. June 4, 06
It is the court of original and exclusive jurisdiction, if you apply the concept of the VENUE as it related to the character of the party. Meaning the people, the posterity, that understand the birthright. That’s the inheritance from God, the right of inheritance, the law of descent.
Part from Blackstone's Commentaries. Comitatus it talks about dividing the countries into hundreds, and these again into tithings. It appears tithing and townships are synonymous.
See: Latin word, retnue and comitatus are synonymous, and it really means the country court.
Use Webster’s regular collegiate dictionaries that have a better definition of court.
In the codes today, the removal for cause (cum causa) is also called ad faciendum et recipiendum, and ad subjiciendum ( in between), so what about removal from an inferior tribunal to a superior court to hear matters of law before the matter of facts join issue. Subjiciendum is called the great writ and the others are called the lesser writ. Using venue to get the removal, or change of venue. It’s also disqualification for cause. When you disqualify for cause, that’s change of venue. At common law it is a concept you can’t be tried in front of a judge of one. That a nisi prius judge; unknown at common law.
One key element why an appellant branch can’t get original jurisdiction is because it’s an agency. It was created by elected officers. That taints the process. Judicial branch is exclusive to the people.
[From Montana codes, 1987 amendment] Disqualification of a district court judge is a change of venue. Disqualification for cause is change of venue. NO, You’re a state created judge, It’s a conflict of interest. BLD procedendo “ The writ which restores the former office of Justice of the Peace. The county Commissioners’ meeting. which is a court, to about 1921. Self governing means you do it, nobody else.
Montana constitution article 5, section 26, probation against titles of nobility] The legislative assembly cannot make and local or special laws respecting the court of justice, of offices in the county” Read BLD on elisor grand jury, the special grand jury and the sheriff’s jury.
From Murphy Justices Practice (very old book ) Justices’ courts are organized by the people, controlled by them, at their will. They are non-statutory Put in under rules of Evidence Article II, sec. 202.judicial notice, and this becomes a mandate. ( Facts not opinions) Modes of election and appointment. Ancient modern modes of sececting justices. “There are two methods of doing this. In the statutes you find “elected or appointed. The or appointed is from the people. California constitution still says that all supreme court justices are conservators of the peace. Conservators of the peace are justices of the peace.
You have a bailiff in equity, on the equity side of court. A notary becomes the bailiff, the justice becomes a magistrate. Civil and criminal. [Book later} Conservators of the peace who held no other office, and who were the predecessors of the modern justices. They were originally chosen in full country court - - Then their powers were greatly enlarged, henceforward they were denominated justices of the peace.” “Justices of the Quorum” is synonymous with court of Quarter Session. This is where the constitution said there will be four terms of the supreme court at the seat of the government every year.
The county commissioners, as we know it today, hear matters of bridges etc. but at the same token they still have jurisdiction, and that is the supreme court that’s lying dormant. At sec. 3. It says in some of the states the justices of the county form a police board, they are superintendents of public buildings, roads, bridges, ferries, collection and disbursement of county funds, custody and maintenance of lunatics, the adjudication of questions of lunacy, the control of paupers and other similar subjects of great importance to the peace and comfort of society. At section 4: “The justices acting collectively as a county court. Next page: “In case of forcible and unlawful entry and detainer must be tried before at least two justices. You have a right to a full bench, it becomes tainted by one man’s opinion.
Book Christian History Constitution printed about 1878: Tthe county commissioners’ meeting is the only hearing where you can perform legislative, executive and judicial functions at the same hearing. You create the ordinance, you appoint the officers to execute the ordinance, and you judicially administer it. Down near the bottom is says, “Formerly the management of county affairs by a county court composed of justices was much more common than at present.”
Montana constitution, article 20, section 6. “ upon a change from territorial to state government, the seals (plural) used by the supreme court and the district courts in and for the several counties respectively shall pass to and become seals respectively of supreme court and the district courts of the state in such counties. [ Does it tell you there is a supreme court in every county?]
Webster’s 1827. “The Freeholders, summoned and empaneled , sworn to enquire the truth of the matter, and to decide both the law and the fact in criminal prosecutions.
How could they do all this and not change the legislative intent?
Re. chapter 10 near the end substituted “supreme court administrative” for “department of commerce” we found out that the department of commerce was superintendent of the banks.
We need to go back to a bicameral form of government. Their government was called unicameral, in the edict, and also under tripartite form of government, which they admit. This means legislative, executive and judicial all in one, a parliamentary form of government. They changed the word “governor” to legislative counsel. They changed the word unlawful to lawful.
Marshal of the supreme court, where I’ve got notes on the right side “But the constable of England is, by some of our books, also called Marshal, who takes cognizance of all matters of war and arms.” Old book “Tucker on the Constitution” there is an English word called weapontake. It was an assembly meeting or court.
Do any of you have the book: The Forgotten Ninth Amendment. I have heard it says, they were debating whether they’d call inferior tribunals courts of admiralty or inferior tribunals. In BLD it says the district of a constable. The office of constable is related to the office of the justice of the peace. That’s to be held to the township or the precinct. When you go to the county level, the sheriff has the venue and jurisdiction out to the edge of the county, geographical territory. Then when you appoint a supreme court marshal, he has state-wide jurisdiction. That’s all: the three grand divisions of the state. That’s in Bouvier’s prior to the Civil War. That’s where I’m getting my information.
Let’s go to # 5. “As conservators of the peace, they may command [affrayers ? ] to keep the peace. “ and further, They may command all persons to assist them to prevent a breach of the peace, to justify beating another if assaulted. They may without warrant from a justice of peace [ not of the peace, justice of peace ] take into custody any persons whom they see committing a felony or breach of the peace.”
Page 5 Tape 1
Let’s go further: “If any justice sends his warrant to a constable, to bring a person before him to answer for all such matters as shall be objected against him by another, and doth not set forth a special matter in the warrant, the warrant is unlawful because it doth not give the offender time and opportunity to find sureties. And the constable if he executes it, is liable to action of false imprisonment. There is article 4 of the Bill of Rights. - - -
This they are NOT doing in the legislative-created courts, because the county attorney is going in there and filing the information or whatever he deems fit. He becomes the complaining party to a traffic ticket. The JP signs the warrant, and becomes the complaining party, and you never have the separation where the people gave their permission. Yet under the 5th Amend. due process, all of that fails, so then you must get the character of the party or none of this works.
Read the old books. Understand the Magna Charta, or you will not understand the Bill of Rights. You won’t even know what special character you have.
Page 9: Where it talks about county court. Latin words behind there, kirra? comitatus. It says in his explication of Saxon words, divided into tow sorts; one retaining the general name as the county court held every month by the sheriff, the other called ther tourn, held twice in every year within the month after Easter and Michaelmas are ther two Bible concepts of when to hold the court. Familiar with trinity month is Sept. which is where the common law people hold their primary elections. Not in the month of May. Also, elections are held on odd-number years and the state elections even numbered years. Yet the codes call for both.
Down on the 2nd column, it says the sheriff may hold plea by force of a writ of justice, which is a nature of a commission to him to do it. It’s called a sheriff’s jury, an elisors jury or special jury in BLD. 12 Freeholders or resiants (resident) Here it says freeholders are the jury.
We have to learn to take the venue away. then they can’t do it lawfully, we have a criminal damage against them. We do have a remedy. In the codes we have today, the removal for cause (cum causa ) is also called ad faciendum et recipiendum, and sometimes it’s called ad subjiciendum (in between), so it’s removal from an inferior tribunal to a superior court to hear matters of law before the matters of facts join issue.
Subjiciendum is called the great writ and the others are called the lesser writ. This is the writ which would encompass procendendo when you remove, using venue to get the removal, its called change of venue. It’s also disqualification for cause. When you disqualify for cause, that’s change of venue. Little known to the people. At common law is is a concept that you can’t be tried in front of a judge of one. That is nisi prius judge; unknown at the common law. In court: if you proceed, I’m going to have you removed for cause.
The reason why an appellant branch can’t get original jurisdiction is because it is an agency. It was created by elective officers. That taints the process Judicial branch is exclusive to the people. Chapter 24 Magna Charta, “ We will not have any sheriffs, bailiffs, justiciaries or any others who will hear matters of the crown. It’s an exclusive to the people, especially when it is in matters of right of possession and title of property because that is the sacred one where you can’t trespass on the law of descent.
Criminal complaint: Woman borrowed the name of Territory of Montana, so she become the state. and invoked article III jurisdiction. She filed an affidavit, in front of JP, April 29, 1868 Territory of Montana v Scotty and the warrant issued. Then they appointed special constable Joseph Sparlin to serve it. Justices’ Courts Civil and Criminal. They have both jurisdictions.
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Cost of change of venue having been paid the motion was granted. The only thing that was changed was a JP heard it. Now you know that change of justice is change of venue. Disqualification of a district court judge is change of venue It can’t be denied. say: No, conflict of interest, you’re a state-created judge. You are not a jury of my peers, I want to be tried by my people. Biblically correct, constitutionally correct, statutory correct,
BLD Procendendo. The writ which restores the former office of Justice of the Peace. These justices are the ones that I call jure. J_U_R_E and spelled Justus The select and elect, the posterity, in relation to your character.
Allocution: I do not and cannot consent to a statutory court or agree to give your authority to fine me.
Is this refusing the contract? YES
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