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William David Duff ffl

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108 NW 101 Place
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Kansas City, Mo. [64155]
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williamduff@kcm. com
07CY-CV06125
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5 Plaintiff

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IN THE 7TH
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JUDICIAL dRCUTT COURT OF MISSOURI
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COUNTY OF CLAY
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16 William Duff, ) CASE NO.
17 Plaintiff, )
18 ) ACTION

19 v. ) FOR TRESPASS, AND
) TRESPASS ON THE CASE
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(DOE) OFFICER FRAZIER, AND )
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(DOE) OFFICER (SERIAL # 3092) ) VERIFIED
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23 Defendants.
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THIS IS A COURT OF RECORD
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CAUSE OF ACTION
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1. PARTIES: William Duff, (hereinafter "Duff, plaintiff, he, his, my, mine") is one of
the people of Missouri existing within his solely owned domain and sharing
dominion thereof with no other, and in this court of record complains of each of the
5 following: Desk Sergeant (sic?) Frazier of the KCMO Police Department in the
6 North Patrol station at Barry Rd and hiwy 169, and KCMO Officer (serial # 3092)
(each hereinafter "defendant(s)", and all collectively "defendants"); who are each
summoned to answer the said plaintiff in a plea of trespass and trespass on the case,
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to wit:
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Duff went to the police station seeking help with a theft by deception issue. Clerk
(doe) asked for proof of ownership of the property at question. Duff provided said
11 proof in a signed and witnessed original bill of sale for the property. Clerk (doe) then
12 asked for DufFs State Driver License for identification purposes. Duff informed
Clerk doe that he did not use a State driver license and offered other forms of
identification. Clerk doe asked Duff 'how did you get here?'. Duff replied ' I
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traveled using my private property upon the public right of way'. Clerk doe then
went to talk with the duty officer (Frazier). Thereafter Frazier came to the counter
and asked the same questions of Duff. DufFs answers were virtually identical as
17 when first answered. Frazier said that Duff must have a State Driver license. Duff
18 disagreed. Frazier threatened to have his agent, another officer, stop Duff as he left
jo the Station and arrest him for not having the State Driver License. Duff informed
Frazier that doing so would be an unlawful restraint on his Liberty and Right of
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action. Frazier terminated the conversation and Duff went to his automobile and was
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arranging paperwork when Frazier and another officer yelled at Duff to stop. Frazier
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approached DufFs auto with his hand on his gun, ordering duff out of his auto. Duff
was searched, seized, bound and imprisoned. DufFs property was search and seized
24 by Frazier and his agent who declared DufFs auto and property therein would be
25 towed to the police impound lot somewhere in the vicinity of the Royal Baseball
Stadium. Frazier did remove DufFs private plate from DufFs auto claiming to keep
it as evidence. Frazier's agent serial # 3092 wrote three civil traffic citations
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claiming Duffs failure to have valid State Driver License case# 224354(4), Valid
State License plates case# 2243355(1) and proof of financial responsibility case#
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2243356(9), (See Exhibit C) all of which are additional cause for this action and
counter claim. Duff was held in that jail until he posted bond of $300.
4 3. Duff claims Defendants and all their agents in support of their action have
5 individually and severally injured Duff with unreasonable search and seizure of
Duffs person and property, false imprisonment, Trespass with violence, and trespass
on the case, without violence, upon Duffs Dominion over his own private domain
and Right of action.
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4. This action stands also as counter claim to charges made by defendants hereon
attached at exhibit C.
II
12 COUNT 1 OF CAUSE OF ACTION - TRESPASS
INTRODUCTION
5. Paragraphs 1 through 4 of CAUSE OF ACTION and count 1 are included by
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reference as though fully stated herein.
6. Defendant Frazier having been duly served notice and demand by Plaintiff Duff to
correct the actions related herein has failed or refused to make any effort whatsoever
17 to comply therewith and therefore this action must proceed.
lg 7. Each Defendant exceeded his jurisdiction by either directly, through an agent, or in
IQ concert with another did cause plaintiff Duff to be unlawfully and forcibly carried
away and imprisoned1 against his will and in disregard for notice to them of the
wrong they engaged (See Exhibit A), without jurisdiction or good cause. At the onset
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of the unlawful imprisonment and property theft plaintiff Duff was duly2 engaged in
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good faith and in his own private capacity, and at all times within the "Bright Line
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24 Imprison: To confine a person or restrain his liberty in any way. Black's
Law Dictionary, 5th Edition Imprisonment: ...it may be in a locality used
-_ only for the specific occasion; or it may take place without the actual
application of any physical agencies of restraint (such as locks or bars), as
by verbal compulsion and the display of available force. Black's Law
2" Dictionary, 5th Edition
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Duly: ...according to law in both form and substance. Black's Law
27 Dictionary, Fifth Edition

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Boundary" of his own private domain, and exercising his substantive Right to go with
his property upon the Public Right of Way. Said Defendants, without good cause,
interrupted Duffs Private Right of Action, and stating claims of compulsory duties
arising out of jurisdictions foreign to Duffs domain and Right of Action therein, did,
4 without consideration for his consent or lack thereof, then imprison plaintiff Duff.
5 During imprisonment the Defendants took further casual ill-considered actions to
further injure plaintiff Duff by trespassing upon Duffs Domain and his Dominion
over that domain, did search and seize Duffs property, over Duffs express objection
thereto, in the form of his papers and effects and one 1996 Buick Rivera vin#
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Ig4gd2215t4710668 (copy of bill of sale attached as exhibit B) and original bill of sales for two
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other automobiles, under color of laws foreign to Plaintiffs domain and individual
private capacity and without good cause shown, trial or due process of law.
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12 8. From the moment he was taken away till the present, Duff, under color of law, was
kept in actual or constructive imprisonment. Although he objected to the assumed
jurisdiction, those who kept him imprisoned under color of law did not respond to
any of his demands and requests for proof of jurisdiction or for reinstatement of his
liberty. Defendants and their agents continued to assume the jurisdiction without
proof of jurisdiction or any attempt at proof of jurisdiction. Plaintiff Duff continues
17 to be subject, under color of law, to the assumed jurisdiction, will and control of the
lg Defendants and their agents.
19 SPECIFICS
9. Each defendant acted in such a way, or failed to act in such a way, that plaintiff Duff
is deprived of his liberty. Each defendant acted to deprive plaintiff Duff of his
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liberty; or each defendant failed to act to prevent the loss by plaintiff Duff of his
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liberty. Further, each defendant is a willing participant in concert with each of the
remaining agents thereof not yet named. Some said agents have slowly driven by
24 Duffs home with an obvious interest thereon since Duff bonded from Jail.

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10. At all times mentioned in this action each defendant is the agent of the other, and in
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doing the acts alleged in this action, each is acting within the course and scope of said
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and 18 apparently is acting in concert with Complainer defendant Frazier to continue the 19 imprisonment of plaintiff Duff who is informed and believes that defendant Frazier is acting for that purpose. 2 11. -Zr\J 21 At no time did Duff injure or intentionally injure defendants or their agents. agency. 6 12. 25 At no time did plaintiff Duff exit his private domain and capacity voluntarily or consensually. 26 27 Page 5 of 11 . One of the officers involved in the 11 unlawful imprisonment commented that he understood Duffs claim and actually did 12 what he could to protect Duff from the apparent anger of the other officers. without good cause. under color of law. Under color of law. The 22 incident arose out of Duff s notice to defendant Frazier that the regulatory action Frazier claimed to be enforcing had no capacity to reach beyond the Bright Line 24 Boundary of Plaintiff Duffs Domain to compel or prohibit any action taken therein. KCMO Police Department. and for reasons that are inconsistent with Duff's Right of Action. "SERIAL # 3092" is identified as the "ARRESTING OFFICER" in Exhibit "C". Each defendant exceeded his jurisdiction under color of law. 13 13. On Exhibit "C" "SERIAL # 3092" is named as the Kansas City PD "I/O". Each defendant acted in concert with the remaining defendants to effect the unlawful loss of property and of 5 liberty of plaintiff Duff. The following paragraphs describe what the Defendants. "SERIAL # 3092" assumed the jurisdiction to impose various 14 charges to subject plaintiff Duff to a foreign jurisdictions compulsory policies under color of law and without due process of law. 16 17 14. either acted or failed to act as obligated. Under color of law "SERIAL # 3092" assumed the 8 jurisdiction and unlawfully and forcibly carried plaintiff Duff away. and imprisoned Q against his will without thorough investigation.

By right. Because of the actions committed with actual and implied force or the lack of action of the defendants. 22 23. plaintiff reasonably expects to proceed without injury. defendants have a duty to prove jurisdiction when objection to jurisdiction is asserted.TRESPASS ON THE CASE 26 27 Page 6 of 11 . secure in his capacities. Further. 12 20. Defendants have a duty to not cause plaintiff Duff to be imprisoned under color of law. Defendants breached that duty by proximately or legally. 19 22. The damages claimed are all a result of the lg injuries. Defendants have breached that duty. The damages for the injury caused by defendants' actions are $5. By right. Property and imprisoned under color of law. plaintiff reasonably expects to exercise his right to go upon the public right of way unmolested and while recognizing he does have a duty to injure •> no other in that pursuit. to not cause loss of liberty and to not search or seize Duff's person or property 14 unreasonably. 4 5 17. 16. 25 COUNT 2 OF CAUSE OF ACTION .000 for each failure to act. 7 18. directly and indirectly. Defendants have a legal duty to use due care and not cause an injury to Plaintiff or g interfere with said rights in any way. plaintiff was immediately and directly injured and suffered loss of 11 liberty. The damages for the injury caused by defendants' absence of required action is 24 $5. 8 causing the injuries to Plaintiff. 16 17 21.000 for each day of unlawful imprisonment and $500 for each day Duffs property is withheld as a result of the actions of defendants. o 19.

The purpose of imposing vicarious liability is to insure the costs of injuries resulting from defective actions are placed on the source of the actions and others who make 26 the actions possible rather than on injured persons who are powerless to protect 27 Page 7 of 11 . 24 25 31. secure in his capacities. Paragraphs 1 through 23 of CAUSE OF ACTION and count 1 are included by jo reference as though fully stated herein. 24. Defendants breached that duty by proximately or legally. Power is never without responsibility. 7 26. By right. Plaintiff reserves the right to include additional defendants as they are identified. And when authority derives in part from 21 Government's thumb on the scales. 14 COUNT 3 OF CAUSE OF ACTION . 2 25. 12 28. to its exercise by Government itself. in some respects. directly and indirectly. Paragraphs 1 through 23 of CAUSE OF ACTION and count 1 are included by reference as though fully stated herein. 9 27. 11 causing the injuries to Plaintiff. Defendants have a legal duty to use due care and not cause an injury to Plaintiff or 8 interfere with said rights in any way.TRESPASS ON THE CASE 15 16 VICARIOUS LIABILITY 17 1g 29. The damages claimed are all a result of the injuries. By right. plaintiff reasonably expects to proceed without injury. 20 30. plaintiff reasonably expects to exercise his right to go upon the 5 public right of way unmolested and while recognizing he does have a duty to injure g no other in that pursuit. the exercise of that power by private persons 22 becomes closely akin.

2d 55.5 36. furniture or livestock. Greene (Mo. If any person shall maliciously or wantonly damage or destroy any personal 18 property. statement.2d 55. Smith v.330) ((1973) Section 537. as in other cases by attachment. 494 S. goods.) 26 27 Page 8 of 11 . Each defendant is an agent of the other. it shall be a good ground for an attachment to issue. State ex rel.330 did not abrogate the common law right of punitive 23 damages.W. 16 37. ) (Section 24 537. or licensing the actors. . and the past the present.). such decision does not affect the validity of any other portion of this 13 action. chattels. at the very least. State ex rel. The singular includes the plural and the plural the singular. 17 38. The present tense includes the past and future tenses.W. (effectively restated at RSMo 537. The vicariously liable defendant must be in the business of controlling. The masculine gender includes the feminine and neuter. themselves. 5 g 32.330 did not abrogate the common law right of punitive damages. leasing. and the future the present. 14 35. Smith v.). Greene (Mo. The law of this case is further decreed: 34. 494 S. the person so offending shall pay to the party injured double the value of the things so damaged or 20 destroyed. and upon an affidavit that said damage or destruction was wantonly or maliciously done. Each defendant is vicariously liable for each instance of injury to plaintiff. and each has his place in the chain of exposing plaintiff Duff to the actors. it must provide a link in the chain of exposing the ultimate victim to the actor. fact. or portion in this action is held inapplicable or not valid. If any claim. 8 9 LAW OF THE CASE 10 33. For a defendant to be vicariously liable it must play an integral and vital part in the overall production and promotion activity so that the actor is in a position 2 to affect others or. bailing.

6 Definitions: (2) "Appropriate" means to take. or as compensation for property or lawful service. contempt or ridicule. The Federal Rules of Civil Procedure are the rules of the above-entitled court. obtain. however communicated: (a) To commit any crime. A person commits the crime of false imprisonment if he knowingly restrains another unlawfully and without consent so as to interfere substantially with 2 his liberty. or 16 jj (e) To harm the credit or business repute of any person. or (d) To expose any person to hatred. or 20 (g) To inflict any other harm which would not benefit the actor. and 5 inexpensive determination of this action. lawsuit or other official J-rJ action relates. or 11 (b) To inflict physical injury in the future on the person threatened or another. transfer. exposure. 21 22 A threat of accusation. use. 40. lawsuit or other invocation of official action is not 23 coercion if the property sought to be obtained by virtue of such threat was ~4 honestly claimed as restitution or indemnification for harm done in the circumstances to which the accusation. conceal 7 or retain possession of. The rules shall be construed and administered to secure the just. or 18 (f) To take or withhold action as a public servant. 8 (3) "Coercion" means a threat. 39. or 13 14 (c) To accuse any person of any crime. or to cause a public servant to take or withhold action. speedy. The 26 27 Page 9 of 11 .

g taking. For loss of earnings according to proof. 7 REQUEST FOR RELIEF 8 9 41. 23 48. On all causes of action: 12 44. as follows: 43. 000 for the act of accosting. For order of mandamus by this court for City of Kansas City Municipal Division to 19 yield its action against Duff (see exhibit C) to this court as this court is superior to the inferior Municipal court. 46. 15 45. For damages resulting from loss to Duff of his property in his Automobile including 16 personal private property therein multiplied by $500 per day until all said property is 17 returned to Duff in the same condition as when it was taken to toll from the day of the . That the court enter a declaratory judgment that defendants have acted arbitrarily and capriciously and with willful and wanton intent. have abused their discretion and 25 have acted not in accordance with law. and each of them individually and severally. For this court to quash City of Kansas City Municipal Division charges expressed in 22 Exhibit C. 2 3 COGNIZANCE REQUESTED 4 Plaintiff requests this court take cognizance of Exhibits A. but under color of law. binding and kidnapping Duff and $5. B. For general damages in the sum of $25. 26 27 Page 10 of 11 . For that cause of action therefore Plaintiff brings his suit. 10 42. WHEREFORE. C. defendant shall have the burden of injecting the issue of justification as to any threat.000 multiplied by the number of days in constructive and 14 actual imprisonment. D (Affidavit of Truth of Citizenship Status) and E (offer of proof of 2 distinct citizenship status in this American Society) and apply the laws therein referenced to the instant case. Plaintiff prays judgment against Defendants. 47. 49.

in respect to 8 those proceedings. 50. I declare under penalty of perjury that the foregoing facts are true and correct to the best of my knowledge. County of Clay. That the court grant plaintiff his attorneys fees. power or privilege. and/or for fraud in the parties offering the record. 9 54. That the court enter a declaratory judgment that the records of the court not of record are impeached for want of jurisdiction in the Court or judicial officers. 2 51. June 14. That the court enters a declaratory judgment that defendants' actions were in excess of statutory jurisdiction.com 20 21 22 23 24 25 26 27 Page 11 of 11 . For costs of suit incurred. 55. That the court grant plaintiff such other and further relief as the court deems proper. That the court enters a declaratory judgment that defendants have acted contrary to constitutional right. and 12 57. 11 56. for collusion between the parties. Missouri 16 17 18 Wil j<j williamduff@kcm. That the court permanently enjoin defendants from interfering in any way with 5 plaintiffs future lawful right of action. 14 Thursday. For interest as allowed by law. 53. 2007. 52. authority and short of statutory right.

NOTICE NOTICE: V This notice is actual notice to you and constructive notice to all agencies and agents of government. 884 S. YOU HAVE NO PROBABLE CAUSE TO BELIEVE A CRIME IS OR HAS BEEN COMMITTED AS YOU ARE NOW ENGAGED IN THE ENFORCEMENT OF THE TERMS OF A CIVIL MATTER WITHOUT SPECIFIC KNOWLEDGE THAT I AM PARTY THERETO.App. IS BEING OR HAS BEEN COMMITTED BY ME YOU HAVE NO AUTHORITY WHAT-SO-EVER TO INTERFERE IN MY BUSINESS OR RESTRAIN OR SEARCH MY PERSON OR PROPERTY.2d 306. by birthright. Defendant-Appellant. HERE IS WHY. Missouri Court of Appeals Southern District Case Style: City of Ash Grove." University City v. YOU DO HAVE SPECIFIC KNOWLEDGE OF WHO I CLAIM TO BE Pagel . body politic. HOWEVER. Case Number: No. AS SUCH. I do not consent to talk to you. see. and I must insist. but requires courts to apply the criminal standard of proof beyond a reasonable doubt because of the quasi-criminal aspects involved. If you are engaged in the enforcement of an ordinance or administrative regulation. 1994). as is my Right protected by the controlling Constitutions IF YOU DO NOT HAVE PROBABLE CAUSE TO BELIEVE THAT A MALA IN SE: FELONY OR MISDEMEANOR CRIME (the elements of which are "an actual harm to persons or property" "intent" and a "victim"). BY THIS DECLARATION. Plaintiff-Respondent. v. 307 ( Mo. unless you are placing me under arrest. partnership or other unincorporated association. or can state specific facts which warrant your detaining me that you immediately leave me alone to go about my business. Nor am I acting in the capacity of a "natural person" or a 'sovereign citizen' engaged in one of those capacities. r/r/r/r"The law in Missouri considers violations of municipal ordinances to be civil matters. I am a Sovereign Citizen.W. 21161 Handdown Date: 07/22/97 IN PERTINENT PART. MAJInv. acting in my own private capacity but expressly not acting in the capacity of a US citizen who resides in this or any State or any other legal fiction including but not limited to a corporation.. Ray Ridenour Christian. Corp.

43 (1906) (CASE NOT OVERTURNED ON THIS PRINCIPLE) In addition.doprocess. I am party to NQ contract (visible or invisible. Constitution and the original Constitution of this State. If the process you are about to serve me does not afford me a judicial power trial Page 2 . I do not choose to nor do I consent to surrender it nor any other right or property protected for me by those Constitutions.net and www. NOTICE CONSIDER THIS DOCUMENT TO BE ACTUAL NOTICE TO YOU AND CONSTRUCTIVE NOTICE TO YOUR SUPERIORS THAT YOU ARE WITHOUT ALL AUTHORITY REGARDING THIS MATTER AND YOU ARE HEREBY INSTRUCTED BY THIS CITIZEN TO CEASE AND DESIST FURTHER RESTRAINT OF THIS CITIZEN. In addition. I inform you that my property is also protected by the Constitutions just mentioned and that my money. County of Jackson. and beyond that I have no duty to adhere to your or anyone else's sensibility so long as I harm no one or do not trespass on their rights. there is a real injured party willing to testify that I have done them harm) will be met with an aggressive and protracted and time consuming Court battle before a Jury of MY peers. implied in law or otherwise) with corporate body politics in the City of Blue Springs. this detention is completely about converting my money/property to the use of this municipality. (PLEASE READ THIS ENTIRE DOCUMENT PRIOR TO TAKING ANY FURTHER ACTION WHAT-SO-EVER) I have rescinded any assumed contracts this court or this city may be acting in accordance with from their inception per Affidavit of truth of citizenship status currently filed with the 16th judicial circuit court of Missouri and published at http://www. or any other city. ordinances or administrative regulations (unless. be advised that any act on your part to proceed under color of law against me not knowing full well I am party to the contract or engaged in a regulated activity which enables you to enforce traffic laws. all of which you are not authorized by me to disturb in any manner whatsoever. I HAVE NO HISTORY OF PHYSICAL VIOLENCE AND AM THEREBY NO THREATTO YOUR SAFETY AS THAT FACT WILL NOT CHANGE NOW. 201 U. I state here and now that I have exercised my unalienable rights in a fashion that is within the meaning and protection of the U.S. State of Missouri. as it is my opinion. EXCLUSIVE OF THAT BODY OF LAW FLOWING FROM THE 14™ AMENDMENT.willj^mciuff. (see HALE v. county. city.com Further. county and/or state. HENKEL. S. state in the Union nor the Federal Government. my person and prerogative rights are my private property just as the auto is my private property.

Within the meaning of the Constitution. Mississippi. bills of attainder include bills of pains and penalties. liberty. 7.S. Smith 154 S. If the punishment be less than death. or automobile is not a mere privilege which may be permitted or prohibited at will. unless he is engaged in suspicious conduct associated in some manner with criminality is a FUNDAMENTAL CONSTITUTIONAL RIGHT which must be protected by the courts. 277 Syllabus 3." People v. IGNORING THIS NOTICE MAY EXPOSE YOU TO LOSS OF YOUR IMMUNITY FROM PROSECUTION DO NOT MISS THE ABSOLUTE FACT THAT THIS DETENTION IS A CIVIL MATTER Page 3 .S. App. 394 U. Safety Coach Transit Co. Horton 14 Cal. NOTICE with a jury of my peers and full due process of law exclusive of all theories of law flowing from the 14th amendment. The deprivation is effected with equal certainty in the one case as in the other. "The RIGHT of the citizen to DRIVE on the public street with freedom from police interference. The legal result is the same. There is no practical difference between assuming the guilt and declaring it. And finally. A bill of attainder is a legislative act which inflicts punishment without a judicial trial. BE IT NOW RECOGNIZED THAT I DO OBJECT TO THE TAKING OF ANY OF MY PRIVATE PROPERTY.17 SW2d 1012. 278] a bill of pains and penalties.E. DO NOT OVERLOOK Davis v. on the principle that what cannot be done directly cannot be done indirectly. but a common right which he has under his right to life.. such process can only be described as a Bill of Attainder which is specifically denied to all agencies of government by the controlling constitutions. Citations supporting this notice. 229 Ky 731. and the pursuit of happiness." Slusher v. and affirmed by the Supreme Court in Thompson v. Missouri 71 U. Also See: Cummings v. the act is termed [71 U. you are hereby informed regarding the fact that my fingerprints are private property which cannot be taken over my objection without a valid court order and only where a mala in se crime is charged. 3rd 667 (1971) "The right of a citizen to travel upon the public highways and to transport his property thereon. wagon.S. THESE CASES HAVE NOT BEEN OVERTURNED WITH RESPECT TO THE SOVEREIGN CITIZEN AND ARE THE CONTROLLING LAW ON THE SUBJECT YOU ARE CURRENTLY ENGAGING. 721. by horse-drawn carriage. 579.

DO NOT MISS THE FACT THAT BY THIS WRITING I AM CONTESTING ANY DETERMINATION YOU MAKE WITH REGARD TO ME OR MY PROPERTY UNLESS YOU LEAVE ME ALONE NOW TO GO ABOUT MY BUSINESS. AND FINALLY. SOVEREIGN CITIZEN ACTING AS OF RIGHT (SUI JURIS) Page 4 . DO NOT MISS THE ABSOLUTE FACT THAT I AM NOT A FEDERAL CITIZEN RESIDING IN THIS STA TE. WILLIAM D DUFF. DO NOT MISS THE ABSOLUTE FACT THAT THE LAWS YOU ARE CURRENTLY ENGAGED IN ENFORCING ARE LIMITED TO FEDERAL CITIZENS RESIDING IN THISSTATE. NOTICE AND AS SUCH THAT NO PROBABLE CAUSE THAT A CRIME IS BEING COMMITED CAN EXIST IN ANY WA YA TALL} DO NOT MISS THE ABSOLUTE FACT THA T YOU HA VE NO SPECIFIC KNOWLEDGE THA TIAM PARTY TO ANY CIVIL CONTRACT OF ANY TYPE. THE TERMS OF WHICH YOU ARE ATTEMPTING TO ENFORE HERE.

title and interest of every kind. a 1996 Buick Riviera vin # Ig4gd2215t4710668. dollars tendered at the signing of this document and in satisfaction of the auction agreement between the parties as a result of the ebay auction. 64151 in return for Two Thousand-Eight Hundred-Fifty ($ 2. as described above..S.C.com's item # 4545916022. Mo.850. Johnny Jones.com in ebay. the sole owner of all right. do cede all right. to William D Duff of 3030 NW Oak crest dr. title and interest to said property. K. J (Print name here ~~~~/~\ Witness Signed //William D D j&f^-jgt^ Witness: Signed Linda Talley .00) U. in the property described in detail at ebay. BILL OF SALE I.

0»B> JUWESt 5^^&^iSl^r'fftTnafcl^)lr)rJ^WM|rfIt?»f^el w^*^«? ST4T4.'::T. rn OkOHtKVT W-* . VIOLATION NOTICE AND INFORMATION 2243 356 * HAKS*S an mou* AT of «t«i r^ocAinor L^^ _ >/ . : f-SNC 4 CCST ro WUATtOM -.. £~7J-7 CO '.. / . M-rctTMtota «*Ka.vouT^ocrHscooEOF S c * Penalty Sec.:' • 1 orr«orouj OPKSW »3E D» »«i 5Ti" «*CJ HO MV *3? t Vt5 KM) an •v ^-_ . •' ' ' *H**l*~ *". - ' 38|*»*rO«h[i -I .1 &G ff^E^S t^Ofc JT^r*"'.i--.* -^rnnnf.-«•«" Ht*""* ^ STMt =».-•' ro • ' CO *{• '-4**ff?.???> ME* ^J^9 /• J( ^"^ * .oc«s?s: '.'i. S CO feiittrCH: „•• -1 - % •»' *t f- •—: / f-ijjt f . { ' r%.Vii-j. "^^ ».t SEX « «CT ?TK : \^b L "» ^T . ttssa. .r. »««• *t*^ arfCMB KPCN sttET ..^ AND INFORMATION 2243 354 j 3H±2 - • • Mt . • KftJiOA*r *«> fW! -- •'". 1. • •. "• ^2^- CO en ^ 0>WM<<BO'i»ss*5.««».! .<&!(> ^aw en ~ '•• ^ // 7 / - t ' t . -<•. • " •• '• -••-/. seniAiKo uxr Ml ' •' *..« t >.•* :<. • > •' ^ • "• 3 «*» *SE ooe*«ir.•'•.*2 'OKiiv... • j.Uf\ lUCrtOMATinu UMib" S*rQ "1 T^^l "^ i»vi WKKMSU o-._. ^ __ x HWW^iuK^owai /"^"^^^t^. ..' STATE: -. VIOLATION NOTICE —^ . ^0»ft * ZfCXtf. .»« i«s: »•••:. .• 2 omm ucant ic ' • . .• en fciKi^jiBc^raffcawTorMss. '"vX''"-i.« •va'W 3 =f> •*•**: ««" L '..' : f . . M4T C" J'C'yff?' > . 1 1. . .*"-'• 1 _ _ ^ KM1W *" 1 .i** xcc^wTKMr »...."^mi. x*«(6»5crr K5 * . UCBBSE ft>tT «O YEAft locjft' D*^CiD*NT Vcrt'^iJlMKf 'OXjYSrVO: CHM ccuwn i>« Fouiiwt ofnwe'up* EWET '..=. .. Sec Penalty Sec.-' • ._ jfci-. VIOLATION NOTICE OT >l O OCTET 1 WMHS •-*.-. .. ..T* . .T * « X -¥ ^-^j.. . CrTYAJOrSTCt CD-. "i^.»*!.Deii! / ' '*T':'.. r .'• : — 1\:-. './^. S^i . •'•'. _•"*• - v '' MU- ^r'1 "-"-. -.. AND INFOKMATION d_c_ r^^J wJO^J SE539M •iUMSilST»maue«oi(WMtLac>TDM. .*««» "VS"* J} •» * t.. • . -i-.-i *• . •• csi• ndNft E««..-.<!' «.' "•"•-' sasttHO '. - DRMBt UCChtf ttQ.."' {^T? ^V r r' i en •.«" NT .T tvrs NW EI6»lDnt( AKffiH* Be am«fjyi . . . . .iyfi.' - iS t*-. • -ft no : • i 'It : •'. . AGE MB Aid STATE RjtcS RX *k n «K.t j ^ ^'X^i^STST • ' en ' * . if ' *••« ./• .>! i .'-.* M^af' f'Datt«rwL-wT nn^'rv .WA \>». -• .j«Jt-*fl-^ - S CO . ^ -^ .'V fXJ ^ -• T . ro .

. ordain and establish this Constitution". and other parties. or whether the Constitution is an organic law established by the People. government sub divisions. I neither dominate anyone. courts. To this we answer: We The People . as described in 4 Wheat 402 as quoted by Bouvier's 14th edition law dictionary as it describes individual American sovereignty and Hale vs.. . nor is any entity subject to me. Bouvier's 14th edition Law Dictionary (quoting from 4 Wheat. nor am I dominated. The United States. and it binds the state governments without the state's consent. that I. freeborn Sovereign Missourian. the question here proposed is whether our bond of union is a compact entered into by the states. I do not consent.. Henkel as it describes the nature of Citizen of the several States. as a whole.. 402): "It has been justly thought a matter of importance to determine from what source the United States derives its authority. they had no authority to transfer the authority of the Sovereign People. I am neither subject to any entity anywhere. the government of the state had only delegated power (from the People) and even if they had an inclination. I state here that I am of age of majority and competent and knowledgeable of the following facts and law sufficient to assert this affidavit. I am expressly not a United States citizen residing in Missouri as comprehended by the 14th Amendment to the Constitution of the United States of America or the equivalent as represented in the contemporary Missouri Constitutions. William D Duff am a natural.. The people in their capacity as Sovereigns made and adopted the Constitution. The nature of my status in America is described at 4 Wheat 402 as cited by Bouvier's 14th edition in definition of 'Sovereignty". No federal or state declaration regarding the status of my nature can alter that fact without diminishing my individually held rights without my consent.. to wit.AFFIDAVIT OF TRUTH OF CITIZENSHIP STATUS b // Be it known to all governments.

It is a maxim consecrated in public law as well as common sense and the necessity of the case that a Sovereign is answerable for his acts only to his God and his own conscience . according to our Republican institutions form the sovereignty . The state governments are but trustees acting under a derived authority. . Commonwealth Ex Rel. P. Sandford.therefore. There is no authority above a Sovereign to which an appeal can be made. and mean the same thing. MY LIBERTY AND MY PROPETY INCLUSIVE OF MY MIND. "4 Wheat. quoting Dred Scott vs. 60 U. 19 How 577. W. Hancock vs. The people are the Fountain of sovereignty. and the Constitution and laws of the states whether made before or since the adoption of that Constitution of the United States... as the original Fountain. The whole was originally with them as their own. Carry Alcorn Mining Co. W... PREROGATIVE AND CHOICE OF ACTION THAT HARMS NO OTHER. They have the whole title and as absolute proprietors have the right of using or abusing.. they are what we familiarly call the "Sovereign people".. Inc. emanates from the People and not from the states. 402 (Bouvier's 14th edition Law Dictionary: "Sovereignty") "The words "People of the United States" and "Citizens" are synonymous terms. -jus utendi et abutendi. 2 d 710 Kentucky Constitution section 4. and every citizen is one of these people and a constituent member of the sovereignty. and had no power to delegate what is not delegated to them. Ky. See also: Hancock vs." Wong Earn Ark. 503 S.. "A SOVEREIGN IS ANSWERABLE ONLY TO GOD AND CONSCIENCE" TAKE NOTICE: SOVEREIGNTY DESCRIBED HEREIN EXTENDS TO MY LIFE. They both describe the political body that. 516 S. 2 d page 867(2) clause 3. might take away what they have lent and entrust to whom they please. 393. Paxton Kentucky. are subordinate to the United States Constitution and the laws made in pursuance of it. But the people.S... 914.

Thus. be it known to all that even though I recognize and respect those collectively held powers granted to governments." Hale v. and in accordance with the Constitution. and the immunity of himself and his property from arrest or seizure except under a warrant of the law.S. Henkel.ALL OF WHICH EXISTS SOLELY WITHIN MY OWN PRIVATE DOMAIN WHICH IS MARKED AND SECURED BY THE CONSTITUTIONS OF THE UNITED STATES OF AMERICA AND THAT OF THIS STATE AND WHICH IS BOUNDED BY A BRIGHT LINE BOUNDARY ACROSS WHICH NO MAN OR AGENT OF GOVERNMENT SHALL CROSS WITHOUT MY VOLUNTARY CONSENT. He owes no such duty [to submit his books and papers for an examination] to the State. beyond the protection of his life and property. . Rights retained by the people include but are not limited to those eluded to in the following U. Rights possessed by me individually include but are not limited to. I reserve my individually held prerogative rights of action not to be compelled to perform under any contract or disability that I did not enter into knowingly. His rights are such as existed by the law of the land [Common Law] long antecedent to the organization of the State. He owes nothing to the public so long as he does not trespass upon their rights. His power to contract is unlimited. 43 at 47(1905). He is entitled to carry on his private business in his own way. since he receives nothing there from.S. Among his rights are a refusal to incriminate himself. Supreme Court case insofar as it supports my sovereign birthright (accent added on point): "The individual may stand upon his constitutional rights as a citizen. The right to carry on my private business in my own way so long as that use does not harm or trespass on anyone. 201 U. and can only be taken from him by due process of law.

Take Notice that I revoke. intelligently. agreements. citizen altered my birthright . "Are you a U. I have done so under duress from coercion. are inapplicable to me. mis-information. as such. and voluntarily whereby I have waived any of my individually held natural Rights. Supreme Court decision of Brady v.cannot be used to compromise my status as a Sovereign. willingly. U. nor obligate me to perform in any manner. 379 U. and intentionally.S. From my age of consent to the date affixed below I have never signed a contract knowingly. and make void. forms.S. the hidden or unrevealed contracts that supposedly create obligations to perform. and. in which I answered "yes" to the question.S. Any document signed by me. they must be knowingly intelligent acts. cancel. or jurisdiction over me upon subject matter that is solely within my individual province. As such. my power of appointment on any and all contracts." Declaration of Citizenship. done with sufficient awareness of the relevant circumstances and consequences.S. A compelled state license to use my property upon the public right of way is one such disability. and are null and void acts when applied to me. ab initio.S. If I have participated in any of the supposed "benefits" associated with these hidden contracts. I correct that ignorance here..voluntarily. venue. and ignorance of my true nature and rightful power. This is because it was not disclosed to me that being a U. for persons of subject status. This position is in accordance with the U. one being my Right to be free from all government restraint of my choice of action unless I have first harmed or trespassed upon the rights of another. citizen?" . 742 at 748 (1970): "Waivers of Constitutional Rights not only must be voluntary. or any instrument which may be construed in any way to give any agency or department of any federal or state government authority.

I am a Missourian as comprehended by the birthright of "We the People" defined at 4 wheat 402. corporate state government. corporate county government. department. cancel." or "subject to the jurisdiction of any corporate federal government." an "inhabitant of." a "franchise of. corporate city government." a "subject of. or agency created by such authorities. or corporate municipal body politic created under the authority of the U.and diminished my individually retained private rights through the "Doctrine of Selective Incorporation".S. Constitution nor the Missouri Constitution as that jurisdiction comprehends any subject matter that would diminish my individually held prerogative rights. nor to the jurisdiction of any employees." a "ward of. Further. I am not a "United States" citizen residing in Missouri. or agents deriving their authority there from as that jurisdiction comprehends any subject matter that would diminish my individually held prerogative rights. or Article I Courts of the United States. and make void ab initio any such instrument or any presumed election made by any of the several states or the United States government or any agency or department thereof." the "chattel of. Constitution with jurisdiction as described on the following pages of this Affidavit. or a resident of any territory. I am not a subject of the Administrative and Legislative Article FV Courts of the several states. Take Notice that I hereby revoke. officers. I am not a "resident of. The United States is an entity created by the U. instrumentality or enclave . or bound by precedents of such courts. I am not subject to any legislation. that I am or ever have voluntary elected to be treated as a United States citizen.S." the "property of. possession. subject to its jurisdiction. deriving their jurisdiction from said authorities as that jurisdiction comprehends any subject matter that would diminish my individually held prerogative rights.

I hereby affirm that I do not reside or work in any federal territory of the "District" United States. William D Duff as it pertains to my birth certificate. with or without my consent or knowledge. as it pertains to any and all property. or certificates. REVOCATION OF POWER OF ATTORNEY Furthermore. rescind. repudiate. signed by me or otherwise. likewise.S.under the sovereignty or exclusive jurisdiction of any of the several states or of the United States as defined in the Missouri or U. I do hereby revoke and rescind all powers of attorney. I hereby revoke. signed either by me or anyone else. or any other licenses or certificates issued by any and all government or quasi-governmental entities. real or personal. cancel. Constitutions. due to the use of various elements of fraud by said agencies to attempt to deprive me of my Sovereignty and/or property and I demand that all moneys of whatever character which have been paid to such entity in my name be returned to me without further delay. implied in law or otherwise. numbers. Therefore. in fact or otherwise. implied in law or otherwise.S. or future. marriage or business license. federal government statutes or regulations have any authority over me. in addition to the fact that no unrevealed federal or state contract can obligate me to perform in any manner without my fully informed and uncoerced consent. as it pertains to the Social Security number assigned to me. present. in fact or otherwise. obtained in the past. and that therefore no U. and make void ab initio. corporeal or incorporeal. and refuse to knowingly accept any alleged "benefit" or gratuity associated with any of the aforementioned licenses. I am the sole and . I hereby waive. all powers of attorney. no federal or state statutes or regulations apply to me or have any jurisdiction over my actions taken within my individually held prerogative rights where same harms no one.

and without misrepresentation. any and all quasi/colorable. I affirm that all of the foregoing is true and correct. or otherwise. William D. to verify that all statements within are true to the best of my knowledge and that I assert each and every one through this document as truth. but not limited to. claiming to act on my behalf. concealment. signed either by me or anyone else. in special appearance. I hereby affix my own signature to all of the affirmations in this entire document with explicit reservation of all my unalienable rights and my specific common law right not to be bound by any contract or obligation which I have not entered into knowingly. public. by. or coercion. Take Notice that I also revoke.absolute lawful owner and possess all rights. with or without my consent. Duff . duress. governmental entities or corporations on the grounds of constructive fraud. and nondisclosure of pertinent facts. The use of notary does NOT grant any jurisdiction to anyone and as such none is necessary as I personally will be glad. in presumption. as such power of attorney pertains to me or any property owned by me. willingly. title and interest in any and all such property. in fact. voluntarily. cancel. I affirm that I am of lawful age and am competent to make this Affidavit. My signature below is evidence of that fact. and make void ab initio all powers of attorney.

K Tashiro v. (NY). Are there two distinct status of citizen in America? Let's answer that question. Anthony above quoted..S.. self evident there are two distinct status of citizen within America as related by the U.S.S. 92 US 542: "A person may be at the same time a citizen of the United States and a citizen of a State. (1875)) U.S. It is." United States vs.S. "Under our system the people. what is the difference between a citizen of the United States and a State Citizen? Lets answer that question. v. Section 2 guarantees "privileges and immunities" to Citizens of each state. Anthony). (1829) 4 Wendell 9. Supreme Court in USv. William Duff alleges there are two distinct status of citizen in this American society and that plaintiff's status is as defined in his comes now section . "a citizen of the United States without being a Citizen of a State." (U. That being now a material fact. as the successors of its former sovereign.. their rights. 429 clarified that rights of state citizenship are in contradistinction to the rights of US citizenship: "The rights of a citizen under one may be quite different from those which he has under the other. Tashiro. Cruikshank. Chisholm v Georgia etc." Lansing v. whether collective or individual. Supreme Court in Cruikshank. Colgate. therefore. and defined as. Lee 106 U. and many others such as Hale v Henkel. Harvey 296 US 404. who were there (in England) called subjects are here the Sovereign. Cruikshank. Smith. 196 at 208 . or. the Sovereign Citizen. Citizenship does not entitle citizen of the privileges and immunities of the Citizen of the State" The Supreme Court in Colgate v." U.above.S." "an individual can be a Citizen of one of the several States without being a citizen of the United States. Constitution Article 4..." 3.S. U.Offer of Proof that two distinct status of citizenship exist 2. but his rights of citizenship under one of these governments will be different from those he has under the other. or however powerful himself to whom he need yield the rights which the la\v secures to him. The citizen here (in America) knows no person.. was later affirmed by US Supreme Court in 278 US 123: "There is clear distinction between national and State Citizenship. "The people of the state. however in years to those in power. U. are not bound to give way to a sentiment of loyalty to the person of a monarch. Jordan 256 P 545. v. are entitled to all the rights which formerly belonged to the king bv his own prerogative.

Cas.S. Paxton Kentucky.. both individually and collectively.S.830 (1873): "The rights of Citizens of the States. do mutually agree to form and establish a free and independent republic.. 914. "A person may be a citizen of the United States. This is the condition of citizens residing in the District of Columbia and in the territories of the United States or who have taken up a residence abroad... and every citizen is one of these people and a constituent member of the sovereignty.." "The words "People of the United States" and "Citizens" are synonymous terms. All persons born or naturalized in the United States. 24 Federal Cases 829. From the declaration in section 1 of the 14th Amendment to the Constitution of the United States of America. it is clear. P."Prentiss v. US v 24 fed cases.e. 2 dpage 867(2) clause 3 4. Brennan Fed. 393. United States v. as such.. Dred Scott and many other cases on the subject that State Citizenship possesses the sovereign prerogative as once possessed by the King of England and are the sovereign in America.. 60 U. 2 d 710 Kentucky Constitution section 4. 24 Federal Cases 829.." Wong Kim Ark. Sandford. 11. according to our Republican institutions form the sovereignty. that the Missouri Constitution adopted in 1875 and later in 1945 are recognition by the State of said amendment and regulation of said U. the people of Missouri. Ky. They stand as they did before the adoption of the fourteenth amendment arid are fully guaranteed by other provisions... Supreme Court in Lansing. It is now self evident and material as related by the U.. quoting Dred Scott vs. and mean the same thing. as such. 2 Blatchf.United States v. Hancock vs.S.. Inc. and not a citizen of any particular state. Amendment XIV Section 1. Commomvealth Ex Rel. It is further apparent to plaintiff.. US v Lee.. 503 S. By contrast the United States Citizen is... They stand as they did before the adoption of the fourteenth amendment and are fully guaranteed by other provisions. W... 19 Ho\v 577. that the US citizen status of citizenship was created by concurring acts of the Congress and of the Legislatures of the States by granting an additional enumerated power to the congress to create and regulate this new status of citizen by and through amendment XIV. It is further apparent to anyone of average intelligence that the State Legislatures and the Federal Congress are creations of the sovereign citizens (state citizens) as is recognizable by the source statements of the state and federal constitutions. "We the People do ordain and establish" and "We. W." 5. Cany Alcorn Mining Co. are citizens of the United States and of the state wherein they reside. i. if not this court.." and for the government thereof do ... if not material fact. See also: Hancock vs. by the name of "The State of Missouri. They both describe the political body that.No.. are not under consideration in the fourteenth amendment..830 (1873): "The rights of Citizens of the States. and subject to the jurisdiction thereof. citizen. are not under consideration in the fourteenth amendment. 516 S. they are what we familiarly call the "Sovereign people".385..

77ie state governments are but trustees acting wider a derived authority. and the Constitution and laws of the states whether made before or since the adoption of that Constitution of the United States. The following definition of sovereignty is from Bouvier's 14th edition Law Dictionary (quoting from 4 Wheat. emanates from the People and not from the states. the question here proposed is whether our bond of union is a compact entered into by the states. but first what does sovereignty mean as applied to the state citizen.. therefore. as a whole. mid had no power to delegate what is not delegated to them. they are what we familiarly call the "Sovereign people". "4 Wheat. The United States.. they had no authority to trattsfer the authority of the Sovereign People.". and it binds the state governments without the state's consent.. Does the United States citizen possess sovereign prerogative such as does the State Citizen? The Supreme Court is silent on the subject of sovereignty being in the possession of the United States Citizen however. The whole was originally with them as their own. It is a maxim consecrated in public law as well as common sense and the necessity of the case that a Sovereign is ans\verable for his acts only to his God and his own conscience . other cases provide light on this subject.. as the original Fountain. The nature of the State Citizen being in possession of sovereign prerogative ordaining and establishing (creating) the State and Federal Governments..ordain and establish this constitution.. and mean the same thing. The question of distinction is therefore one of possession of birthright to sovereign prerogative. there is a clear distinction between the two status' of citizenship. The State Citizen (sovereign) created all government while the US citizen was created by those governments. "It has been justly thought a matter of importance to determine from what source the United States derives its authority. 402 (Bouvier 's 14th edition Law Dictionary: "Sovereignty ) "The words "People of the United States" and "Citizens" are synonymous terms. and the nature of the United States citizen being a creation of said State and Federal Governments. -jus utendi et abutendi.. Obviously. The people in their capacity as Sovereigns made and adopted the Constitution. are subordinate to the United States Constitution and the la\vs made in pursuance of it. But the people. And it is material that said amendments and constitutions and the laws arising from them do not comprehend the sovereign citizen but recognizing the State Constitution of 1875 and laws arising there from enjoy far more stealth on the subject than do the federal documents doesn't alter their intent and purpose. 402). according to our Republican institutions form the sovereignty . They both describe the political body that. and every citizen is one of . ordain and establish this Constitution".. The people are the Fountain of sovereignty. To this we answer: We The People... 6. They have the whole title and as absolute proprietors have the right of using or abusing. the government of the state had only delegated power (from the People) and even if they had an inclination. There is no authority above a Sovereign to which an appeal can be made. or whether the Constitution is art organic law established by the People. might take away what they have lent and entrust to whom they please.

393. n 12. Possibly no better reason for this fact exists than such citizens were not thought of when the judiciary article [III] of the federal Constitution was drafted. the distinction between the two statuses is one of sovereign prerogative possessed by the State Citizen (one of the "People". [Pannill v. Carry Alcorn Mining Co. unless expressly named. 19 How 577. then. 315 Authors Note: Here it is demonstrated as material that the government.C.. 348 (1825)) "Since in common usage. Acts of limitation do not bind at the King nor the people. Herkimer 15 American Decisions 379. Inc. restrictive of prerogative right. though not named. United States vs. title or interest would be divested or taken from the king (or the people) in such case he shall not be bound.S. 914] [emphasis added Persons are devided by la\v into natural and artificial. who is not a citizen of any state. "A SOVEREIGN IS ANSWERABLE ONLY TO GOD AND CONSCIENCE" "The people. The people have been ceded all the rights of the king. "We the People") and not possessed by the United States citizen (creatures of government enactments). 2 d page 867(2) clause 3.. citizens of the District of Columbia were not granted the privilege of litigating in the federal courts on the ground of diversity of citizenship. 123 Blacks La\v Dictionary 1st Edition 1891 . Sandford. and to prevent injury and wrong. Commonwealth Ex Rel.." Wong Kim Ark. See also: Hancock vs. 7. 252 F.. is not within the language of the [federal] Constitution. the former Sovereign. "the People vs. were also not thought of... Paxton Kentucky.. quoting Dred Scott vs. title or interest. but in any event a citizen of the United States**. W.. including federal and state. do not possess sovereignty but only sovereign powers granted by "The People" (the sovereigns) who did not cede said sovereignty to government. 1 Bl. Ky..these people and a constituent member of the sovereignty.S. the king shall be bound by such an act. Natural persons are such as the God of nature formed us. or the Sovereign are not bound by general words in statutes.. citizens of the United States**. It is a material fact. Fox 94 U. that Government had no sovereignty to bestow on the US citizen therefore.S. W. Roanoke. 1. and any prerogative rights.S. which are called "corporations" or "bodies politic". Hancock vs. It is a maxim of the common law that when an act of parliament is made for the public good. 503 S.. 914. for theputposes of society and government. 60 U. statutes not implying the phrases are ordinarily construed to exclude it. Does the US citizen possess sovereign prerogative rights: . P. 2 d 710 Kentucky Constitution section 4. the advancement of religion and Justice. the term person does not include a Sovereign. . but when a statute is General. artificial are such as are created and devised by human la\vs.."l U.. 910. 4 Cowen (NY 345. Comm. 516 S.

that would render the law unconstitutional.S. are not under consideration in the fourteenth amendment. . without due process of la\v. U.830 (1873): "The rights of Citizens of the States. if possible. are citizens of the United States and of the state wherein they reside. which are called "corporations" or "bodies politic". In view of these rules it is held that 'citizen' means "citizen of the United States. was later affirmed by US Supreme Court in 278 US 123: "There is clear distinction between national and State Citizenship.S. K Tashiro v. K Tashiro v.. excludes State citizens: ". The U. Jordan 256 P 545. Citizenship does not entitle citizen of the privileges arid immunities of the Citizen of the State" United States v. 24 Federal Cases 829." Your U." The Supreme Court cases just above demonstrate that U.' when used in federal laws. as such. Citizenship does not entitle citizen of the privileges and immunities of the Citizen of the State" United States v. that the sovereign citizen is not comprehended in or by enactments respecting the United States citizen. Section 2 guarantees "privileges and immunities" to Citizens of each state. Harvey 296 US 404. All persons bom or naturalized in the United States. Constitution Article 4.. was later affirmed by US Supreme Court in 278 US 123: "There is clear distinction between national and State Citizenship. are not under consideration in the fourteenth amendment. 429 clarified that rights of state citizenship are in contradistinction to the rights of US citizenship: "The rights of a citizen under one may be quite different from those which he has under the other.." Your U. and subject to the jurisdiction thereof. And. U. Notice that the term 'citizen. nor shall any state deprive any per son of life...Amendment XIV designates a new class of citizen (see previous definition of artificial persons).S. or raise grave doubts thereabout.S. nor citizen of a State .S. 109 F2d 147. Section 1. citizen does not enjoy the privilege and immunity possessed by the sovereign citizen because a citizenship status created by government. They stand as they did before the adoption of the fourteenth amendment and are fully guaranteed by other provisions. and law. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. Constitution Article 4. U. Jordan 256 P 545. nor deny to any person within its jurisdiction the equal protection of the laws. as such.' and not a person generally. They stand as they did before the adoption of the fourteenth amendment andare fully guaranteed'by other provisions.. a construction is to be avoided. citizens are natural persons possessed of artificial citizenship status created by the States and the Congress for the purposes of society and government. 149 (1940) the court determined wliat the term 'citizen'means in federal statutes. is not endowed by the creator of nature and because the Congress and the State Legislatures possessed no sovereignty with which to bestow same on natural persons who do not possess the birthright of sovereignty. 24 Federal Cases 829. liberty.S. In Powell v. Section 2 guarantees "privileges and immunities" to Citizens of each state.S.830 (1873): "Tfte rights of Citizens of the States. or property." The Supreme Court in Colgate v.

" Dolan v City ofTigard.S. it can only exercise such powers as has been delegated to it.S. Georgia 2 Doll. 512 US 374 It is therefore apparent if not material that the governments cannot compel a sovereign citizen to be the U. 315 "Waivers of Constitutional Rights. and Congress can exercise no power which they have not. Smith. not only must be done voluntarily. (NY).S. Are utterly void. . Hence. the term person does not include a Sovereign. as the successors of its former sovereign.S. 387 U. they must be knowingly intelligent acts. (1829) 4 Wendell 9. I.S. even in civil matters. " Brady v US. United States vs. the Legislature is not supreme. "The people of the state. because no court can have jurisdiction over him. "In the United States the people are sovereign and the government cannot sever its relationship to the people by taking a\vay their citizenship. 421 "The law subscribes to the king (in America. for all jurisdiction implies supremacy of power. and o\ves no kind of subjection to any other potentate upon earth. Fox 94 U.C. n 12. like other bodies of the government." Julliard vs. 110 U. "Chisholmvs. the people) the attribute of sovereignty. citizen. Rusk." the government may not require a person to give up a constitutional right in exchange for a discretionary benefit conferred by the government where the property sought has little or no relationship to the benefit. 397 US 742 "Under the well-settled doctrine of "unconstitutional conditions.S. " Afroyim vs. its acts. he is sovereign and independent within his own Dominion. 253 (1967) "Under our form of government. .) "There is no such thing as a power of inherent sovereignty in the government of the United States. The question then arises respecting the nature of the sovereign citizen. done with sufficient aw'areness of relevant circumstances and consequences. 7 CA 1 (Court of Appeals. Can government presume the sovereign citizen to also be a United States citizen without his consent? Let's see what the Courts say on this subject. Such can only be accomplished by the express consent of the sovereign. by their constitution entrusted to it: All else is withheld. that no suit or action can be brought against the king. Hall. statirtes not implying the phrases are ordinarily construed to exclude it. and when it steps beyond that boundary." Lansing v.8. 419. Greenman.S citizen or even to adhere to the same rules as the U." 1 U.. are entitled to all the rights which formerly belonged to the king by his own prerogative. In this country sovereignty resides in the people. U.S. it is. It is only one of the organs of that absolute sovereignty which resides in the whole body of the people.458 "Since in common usage. "Billings vs.

And this plaintiff has proven herein to a certainty that he is such a citizen. admissions and contracts implied in law and in fact that bound him to obey these oppressive laws. Remembering that a crime was a common law crime and included intentional harms against persons or property and did not comprehend the contemporary application of the word crime as being the breaking of any rule the legislature or ordinance the municipality makes. The people consented to that which is written in the state and the federal constitutions and retained for themselves all that is not included. throughout the articles of the constitutions are references to limitations on granted powers. they make up the sovereignty of the people. For the purpose of this offer of proof it should be enough to demonstrate both the federal and state constitutions prohibit government from searching and seizing anyone's person or property without a warrant. but what is most important is. As is referenced in said affidavit. exceeded their granted power in numerous ways and trespassed into the domain of this Sovereign Plaintiff without his consent. State citizens possess sovereign prerogative rights. fraud and bad faith rendering all such contracts and admissions to contracts void ab initio from their inception. it is therefore necessary for the court to distinguish between the powers granted to government by the consent of the people and those retained by the people. by his consent. The people did not consent to anything more that what is contained in the constitutions. US citizens do not possess either sovereignty or sovereign prerogative rights. coercion. that body of laws arising out of the 14th amendment. deceit. et al. All that being now material the final question must be.9. All were rescinded due to their being replete with disinformation. This fact. et al. plaintiff. SUMMARY. being material to this action as plaintiffs cause of action which is predicated on the allegation that defendants. The State does not possess sovereignty itself but only sovereign powers granted to it by the . be self evident to this court. 10. It is within this analysis where clarity is given to the nature of the harm alleged by plaintiff to have been committed by defendants. The material facts established heretofore are: State Citizens are distinctly different from US citizens in the eyes of the law. Sovereignty has fairly been established through the Supreme Court decisions heretofore cited in that the individual people in possession of the birthright protected by the original constitutions are the sovereign. what did the people retain for themselves? Of course. Plaintiff was born and has lived his 57 years right here within Missouri and as such is in possession of the birthright. due process of law and probable cause that a crime is or has been committed. Collectively. misinformation. has rescinded all powers of appointment. Plaintiff has filed an affidavit of truth with this court and is on file in this case. Is plaintiff such a sovereign citizen? The answer must. No one has the standing to challenge plaintiff's declaration as to his sovereign birthright. by now.

where intentional harm to another is not associated or where he has not consented or where the action diminishes his prerogative rights without his consent. William Duff am one such sovereign citizen. As this Citizen has herein proven and declared by affidavit. in other cases this plaintiff has been a party where this question has been ignored. As such. This sovereign Citizen must be protected by this judiciary in all the privileges and immunities inherent in his sovereign prerogative rights. the U.people which represent a kind of sovereignty it exercises over the national government but none but that expressly bestowed by compact over the people. All such cases related to sovereign and/or natural rights claims during this period have been weighed. This determination is even more necessary in the instant case as the judiciary of Missouri has apparently not cognized one of the people to be that sovereign citizen in any cases for the past 50 + years. measured and decided pursuant to the 14th amendment due process and privilege and immunities clauses as comprehended by the current Missouri constitution and laws of Missouri. That I. it's subdivisions. it is necessary for the court to clearly and on the record. . and is in full possession of his sovereign prerogative herein notices this court that he enjoys sovereign immunity from every action of the legislature. and.S. agencies and agents. that he is the Sovereign Citizen. By contrast. As such. Executive and Judicial branch of the Missouri Government. a reasonable man would conclude the State of Missouri is engaged in an effort to ignore. citizen is subject to that due process extended to them and defined by the laws of the government that created their status. laws and due process that courts apply to the sovereign citizen must comprehend and be respectful of those prerogative rights not granted to governments and that are protected by said constitutions. the rights of the sovereign state citizen using the judiciary to deny people access to the sovereign protections. and due to a determination made by this judge to ignore plaintiff's collateral attack on the void judgment this case arises from while ordering process from a case this action was seeking a collateral attack on the void judgment thereof. as defined and distinguished from a United States citizen above. Government can not bestow that which it does not have on what it creates. declare which "Citizen" plaintiff is and what due process and laws are applicable and identify which of these elements the court thinks it is addressing so that the appropriate due process and application of law will be secured. Government can not presume the sovereign citizen to be a United States citizen unless it can also demonstrate such citizen has expressly consented thereto. filed in this and other Jackson County court actions. if not destroy (bring about the genocide of). be imposed without hearing which is yet another failure on the part of the Missouri judiciary to cognize a Missouri Citizen to be the sovereign and to respect that fact. No further obfuscation of this matter can or will be allowed where the question herein proven is not controlling on the rule of decision for this court. and finally.

recognizing that the word "law" describes two separate and distinct bodies of "law" as above referenced. and that this fact is exculpatory in nature. sovereign WilliakpDjjff. William Duff. moves this court to convene an evidentiary hearing to determine exactly which "law" is or is not applicable in this case without further delay and for all other protections this court can and should provide upon the outcome thereof. sovi juris .Wherefore.

33 5.. 1787 and First ten 23 Declaratory Articles (known as the Bill of Rights) and the 13th amendment thereto 24 2. 29 4. 41 9. and they are truly the sovereigns of the country. The Federal Rules of Civil Procedure are the rules of the above-entitled court. A person commits the crime of false imprisonment if he knowingly restrains another 25 unlawfully and without consent so as to interfere substantially with their liberty. LAW GENERALLY APPLICABLE 21 The Organic Constitution of Missouri 1820 22 1. 36 6. 44 10. The written law 39 of this State is therefore contained in its Constitution. and of which a record is in existence. It is the public policy of this state that public agencies 30 exist to aid in the conduct of the people's business. The organic law is the Constitution for Government. ) FOR TRESPASS. in 43 respect to the proceedings.. 37 7. 6 ) ACTION 7 v.. Laws. 455 @DALL (1793) pp471-472. 07CY-CV06125 5 Plaintiff. are either written or unwritten.. 38 8.DIVISION 2 3 4 William Duff.. (SERIAL 3092) 10 AND 11 OFFICER ALAN ROTH (SERIAL # 4090) ) VERIFIED 12 Defendants.. ) CASE NO. but 46 they are sovereigns without subjects.. The rules shall 27 be construed and administered to secure the just. The Constitution for the United States of America as it was Adopted. 13 14 EXHIBIT 'F' 15 16 LAW OF THE CASE 17 18 THE LAW OF THE CASE IS DECREED AS FOLLOWS: 19 20 I. Any judicial record may be impeached by evidence of a want of jurisdiction in the Court or 42 judicial officer.. I IN THE 7TH JUDICIAL CIRCUIT COURT OF MISSOURI 2 COUNTY OF CLAY . 26 3.. the sovereignty devolved on the 45 people.with none to govern but 47 themselves [CHISHOLM v. . A written law is that which is promulgated in writing. and inexpensive determination of this 28 action. The 35 people of this State do not yield their sovereignty to the agencies which serve them.J william duff Pagel 7/31/2007 . or of fraud in the party offering the record. whether organic or ordinary. speedy. AND 8 ) TRESPASS ON THE CASE 9 OFFICER WILLIAM FRAZIER. 1 L 48 Ed 440. and is altogether written.. 454.The 31 people of this state do not yield their sovereignty to the 32 agencies which serve them. of collusion between the parties. GEORGIA (US) 2 Dall 419. the Legislature finds and declares that the public commissions. and in the Constitution of the United 40 States. boards and councils and the 34 other public agencies in this State exist to aid in the conduct of the people's business.at the Revolution.

. 100 US 516. the people of Missouri have presented a 89 constitution. 7. 59 18 C Em.] 79 80 Where rights secured by the Constitution are involved. His majesty in the eye of the law is always present in 64 all his courts.S. Wechsler. 481 86 F 946.. 68 69 .Ct. is not to be defeated under the name of local practice. Sec. [Hertado v. 67 Chapter 7. Smith. 219.8.Cas. 4 53 Wend.Dom.This declaration of rights may not be construed to impair 70 or deny others retained by the people.49 50 The very meaning of 'sovereignty' is that the decree of the 51 sovereign makes law." [Missouri Constitution.] 72 73 The state cannot diminish rights of the people. 270. v.. are entitled to all the rights which formerly 57 belonged to the King by his prerogative. 71 Article 1. [American Banana Co.. Declaration Of Rights Sec. 37 C Nav. 228. 263 US 22.Dec.] 75 76 The assertion of federal rights.] S3 84 There can be no sanction or penalty imposed upon one because of 85 this exercise of constitutional rights.c. as the successors of its former 56 sovereign. 89 IOC Const.. Statutes at 92 Large] 93 94 Republican government. 19 Ann. 74 California. Law Sec. is found to be 90 republican in its form of government.Ed. 60 167..] 54 55 The people of this State. 1 Blackstone's Commentaries.l86) His judges are the mirror by which the 66 king's image is reflected. 53 L. 65 (Fortesc. 53 1047. 513.] 61 62 A consequence of this prerogative is the legal ubiquity of the 63 king. [Lansing v. 24. 48 C Wharves Sec. 213 U. 78 [Davis v. Sec. on due examination. 511. 9 (N.Y. Arizona. william duff Page 2 7/31/2007 .. when plainly and reasonably 77 made.) (1829). Cullen.] 87 88 Whereas. Section 379. and which. 52 29 S. 298. 384 US 436. 3. 491. there 81 can be no rule making or legislation which would abrogate them..Wat. 21 Am. 82 [Miranda v.. though he cannot personally distribute justice. Nuls Sec. [Sherer v. 24. 3. One in which the powers of sovereignty 95 are vested in the people and are exercised by the people. Volume 9. [Act [of Congress] for 91 the Admission of Missouri Into the Union. 2Inst. United Fruit Co.. 347. 826.

Ed. oppress. 99 Happersett. 110 shall be the supreme Law of the Land. Article VI. or intimidate any person 118 in any State. or 109 which shall be made. 35 L. 113 [Constitution for the United States of America.S. aggravated sexual abuse or 129 an attempt to commit aggravated sexual abuse. or custom. under 135 color of any law.] 115 116 11. or may be sentenced to 132 death. shall be fined under william duff Page 3 7/31/2007 . 449. threaten. and the United States Constitution is the 104 supreme law of the land. ordinance. or on the 123 premises of another. 136 willfully subjects any person in any State. Minor v. USC 241] 133 134 12. statute. or by reason of his color. [Missouri Constitution. p. any Thing in the Constitution or 112 Laws of any State to the Contrary notwithstanding.] 106 107 This Constitution. or both.] 101 102 The State of Missouri is an inseparable part of the United 103 States of America. or If 122 two or more persons go in disguise on the highway." Black's Law 100 Dictionary. they shall be fined under this title or imprisoned for 131 any term of years or for life.S. under the Authority of the United States. 137 Commonwealth. Possession. and the Laws of the United States which 108 shall be made in Pursuance thereof. pains. Commonwealth. than are 142 prescribed for the punishment of citizens. on account of such person 141 being an alien.) 162. [In re 98 Duncan. Fifth Edition. 96 either directly. or both. to whom those powers are specially delegated. 1. [18. Possession. Deprivation of rights under color of law: Whoever. 105 Sec. or race. or an attempt to 130 kill. (21 Wall. 627. or penalties. with intent to prevent or hinder his free 124 exercise or enjoyment of any right or privilege so secured • 125 They shall be fined under this title or imprisoned not more 126 than ten years. Territory. regulation. and all Treaties made. and if death results from the acts 127 committed in violation of this section or if such acts include 128 kidnapping or an attempt to kidnap. or immunities secured or protected by the 139 Constitution or laws of the United States. and the Judges in every 111 State shall be bound thereby. 88 U. 626.Ct. 114 Clause 2. Article 3. or District 119 in the free exercise or enjoyment of any right or privilege 120 secured to him by the Constitution or laws of the United 121 States. 219. 573. 11 S. or through representatives chosen by the 97 people. 22 L. Territory. 139 U. or District to the deprivation of any 138 rights. or to different 140 punishments. Conspiracy against rights: If two or more persons 117 conspire to injure. privileges.Ed. or because of his having so exercised the same.

or imprisoned for any term of years or 153 for life. [18. custom. or fire. or 163 usage.143 this title or imprisoned not more than one year. 189 any citizen who is lawfully entitled to vote. For the purposes of this section. of any State or Territory or the District of Columbia. or immunities secured by 167 the Constitution and laws. Conspiracy to interfere with civil rights: Depriving 179 persons of rights or privileges: If two or more persons in any 180 State or Territory conspire or go in disguise on the highway or 181 on the premises of another. hold. or threat. sell. and 144 if bodily injury results from the acts committed in violation 145 of this section or if such acts include the use. ordinance. and if death results from the acts committed in 149 violation of this section or if such acts include kidnapping or 150 an attempt to kidnap. 147 shall be fined under this title or imprisoned not more than ten 148 years. shall be 152 fined under this title. explosives. any citizen of the United 165 States or other person within the jurisdiction thereof to the 166 deprivation of any rights. attempted use. 157 as is enjoyed by white citizens thereof to inherit. shall be liable to the party injured 168 in an action at law. or an attempt to kill. except that in any action brought against a 170 judicial officer for an act or omission taken in such officer's 171 judicial capacity. 162 under color of any statute. 164 subjects. or causes to be subjected. aggravated sexual abuse. suit in equity. from giving his william duff Page 4 7/31/2007 . 146 or threatened use of a dangerous weapon. [42 159 USC 1982] 160 161 14. regulation. privileges. Civil action for deprivation of rights: Every person who. 158 lease. any Act of 174 Congress applicable exclusively to the District of Columbia 175 shall be considered to be a statute of the District of 176 Columbia. 182 either directly or indirectly. any person or class of persons 183 of the equal protection of the laws. injunctive relief shall not be granted 172 unless a declaratory decree was violated or declaratory relief 173 was unavailable. or of equal privileges and 184 immunities under the laws. USC 2A2] 154 155 13. or for the purpose of preventing or 185 hindering the constituted authorities of any State or Territory 186 from giving or securing to all persons within such State or 187 Territory the equal protection of the laws. Property rights of citizens: All citizens of the United 156 States shall have the same right. or other proper proceeding 169 for redress. [42 USC 1983] 177 178 15. for the purpose of depriving. intimidation. or an attempt to 151 commit aggravated sexual abuse. or both. and convey real and personal property. or may be sentenced to death. or both. in every State and Territory. purchase. or if two or more 188 persons conspire to prevent by force. or both.

] 228 229 18. Action for neglect to prevent: Every person who. [Black's Law Dictionary.000 damages therein. if there be one. [42 USC 1986] 224 225 17. page 318. An agency of the sovereign created by it directly 230 or indirectly under its authority. and 206 mentioned in section 1985 of this title. COURT. The person and suit of the sovereign. whereby another is injured in 198 his person or property. and having power to prevent or aid in preventing the 208 commission of the same. and of applying the sanctions 234 of the law. or to injure any citizen in person or property 194 on account of such support or advocacy. for the benefit of the widow 219 of the deceased. consisting of one or more 231 officers. the place 226 where the sovereign sojourns with his regal retinue. 202 against any one or more of the conspirators. if such 209 wrongful act be committed. if one or more persons 196 engaged therein do. or cause to be done. shall be liable to the party 210 injured. neglects or refuses so to do. any act in furtherance 197 of the object of such conspiracy. COURT. or as a Member of Congress of the 193 United States. wherever 227 that may be. established and maintained for the purpose of hearing 232 and determining issues of law and fact regarding legal rights 233 and alleged violations thereof. or deprived of having and exercising 199 any right or privilege of a citizen of the United States. having 205 knowledge that any of the wrongs conspired to be done. or his legal representatives. toward or in favor of 191 the election of any lawfully qualified person as an elector for 192 President or Vice President. in any case of 195 conspiracy set forth in this section. [42 USC 1985(3}] 203 204 16. 190 support or advocacy in a legal manner. the 200 party so injured or deprived may have an action for the 201 recovery of damages occasioned by such injury or deprivation. 220 then for the benefit of the next of kin of the deceased. for all damages caused 211 by such wrongful act. the legal representatives of the 217 deceased shall have such action therefor. and such damages may be recovered in an 213 action on the case. which such person by reasonable diligence 212 could have prevented. 5th Edition. and any number of persons guilty of such 214 wrongful neglect or refusal may be joined as defendants in the 215 action. and if there be no widow. and may recover not 218 exceeding $5. and if the death of any party be caused by any such 216 wrongful act and neglect. But 221 no action under the provisions of this section shall be 222 sustained which is not commenced within one year after the 223 cause of action has accrued. authorized to exercise its powers in the course of 235 law at times and places previously determined by lawful william duff PageS 7/31/2007 . are about to be 207 committed.

488. 426] 255 256 C.E. 96 Ohio St.The judges of 277 the Circuit courts. 155 N.C. 52 Cal 225. Comm. Ex parte Gladhill. Ex parte 252 Gladhill. 253 Ledwith v. shall allow 281 the said charters pleaded before them in judgement in all their 282 points. D.Ga. The Thomas Fletcher. The Thomas Fletcher. 258 Comm. Ex 272 parte Thistleton. 171. 4th Ed.C. Erwin v. 229. 188 Mo. 231. To be a court of record a court must have 240 four characteristics. Heininger v. the Great Charter as the common law. that is to wit. for a perpetual memory and testimony.App. Ledwith v.. 24 F. 229. 383. Erwin 260 v. 261 Davis. 244 N. D. C. Comm. 278 279 21. 274 117 N. Heininger v..Ga.. 425. 96 Ohio St.. Rosalsky. 259 C.. 92 S. per Shaw. 247 244 N. 229. The following persons are magistrates: . 425.. 229.. 155 N. 236 authority. 426] 249 250 B. [3 Bl. C.E. 3 Steph. also.A. See. Rosalsky. Its acts and judicial proceedings are enrolled. 171.C. 231] 262 263 D.. 188 245 Mo.W. 689][Black's Law Dictionary. 275 426] 276 20. 280 which under us have the laws of our land to guide. 264 Comm. william duff Page 6 7/31/2007 . Stovall.App. 248 4th Ed.C. [3 Bl.E. 237 1070. 205.S. 52 Cal 225.Y. U.Ga. 24 F.Ga. 254 689][Black's Law Dictionary. 227. . U.] [Black1s Law 268 Dictionary. Black's Law Dictionary...J. 227. 265 C.][Black's Law Dictionary. 3 Steph.. 267 Davis.. 2 L. 2 L.. 488. 481. 117 N. 406. 4th Edition. 426] 269 270 E. Jones. They are: 241 242 (a)A judicial tribunal having attributes and exercising 243 functions independently of the person of the magistrate 244 designated generally to hold it [Jones v. mayors. The Thomas Fletcher. 383.Civ. C. 4th Ed. 8 Mete. 406.. Generally possesses a seal.W. and may have a fifth.. 175 S. Proceeding according to the course of common law [Jones 251 v.. 4th Ed. 37 F.A. See. Ex parte Thistleton. Davis. Tex.. 24.S.W. 205. [Isbill v.2d 1067.R. 229. 2 L. 425.C. 220. 37 F. Heininger v.E.App. 688. 481. 24.our justices. 220. sheriffs. page 425] 238 239 19.. Has power to fine or imprison for contempt.R.. 8 Mete. 37 273 F. COURT OF RECORD.A. 3 Steph.E. Ex parte Thistleton.R.. 231. 481. per Shaw. 175 S. 52 Cal 225. 229. and other ministers. 117 N. 425. Erwin 266 v. 229..Ga. or 257 recorded. 688. 96 Ohio St. 271 Comm.Y. 205. 24. U. 24 F. 246 Mass.J. 383. Comm. [3 Bl.. Mass. D.. 229.Ga.S.C. 488. Jones. also.

before judgment as follows: 318 Petition. The masculine gender includes the feminine and neuter. 325 (c) Hearing. if any. notice. and 315 (4) the estimated value of the debt to defendant. If any claim. Henceforth the writ which is called Praecipe shall not be 287 served on any one for any holding so as to cause a free man to 288 lose his court. The singular includes the plural and the plural the 295 singular. and 298 the future. the plaintiff may recover possession of specific 306 personal property before or after judgment. Article 34]. or portion in this action 291 is held inapplicable or not valid. American Bar Foundation] 285 286 22. 307 (a) Claim for possession of property. 301 302 n REPLEVIN 303 27. the 320 specific property. william duff Page 7 7/31/2007 . Replevin. fact. the present. Upon the commencement of an action. The present tense includes the past and future tenses. Sources of Our 284 Liberties Edited by Richard L. 1297. statement. A plaintiff may seek an order to obtain 317 immediate possession of specific personal property. claim for possession of property. 293 294 24. such decision does not 292 affect the validity of any other portion of this action. Perry. 296 297 25. The plaintiff shall 309 file a petition stating: 310 (1) Plaintiff is the owner or the person lawfully entitled to the possession. if any.283 [Confirmatio Cartarum. the 311 specific property and the factual basis for the claim. the plaintiff may apply to the 326 court for an order for the delivery of the property prior to judgment on the merits 327 of the case. 289 290 23. [Magna Carta. or is held by an 314 officer under legal process who has refused delivery on demand. and the factual basis for the claim. After filing the petition. 316 (b) Prejudgment possession of property. 322 (3) the property is wrongfully detained by the defendant. The plaintiff shall file a petition signed under penalty of perjury stating: 319 (1) Plaintiff is the owner or the person lawfully entitled to the possession. bond. A plaintiff may seek an order to obtain 308 possession of specific personal property as follows: Petition. or is held by an 323 officer under legal process who has refused delivery on demand. and 324 (4) the estimated value of the debt to defendant. November 5. 299 300 26. 304 305 1. 321 (2) a description and value of the property. 312 (2) a description and value of the property. 313 (3) the property is wrongfully detained by the defendant.

shall be made in writing. and pay all costs and damages that may be a\varded against the 348 plaintiff. The order shall command the william duff PageS 7/31/2007 . 60-705. 61-3001 through 61-3006.S. 333 (3) After a hearing and presentation of evidence on plaintiff's motion. prior to taking possession of the property. dispose of. the plaintiff 340 shall file a bond with the clerk of the court. 341 (d) Bond. state with 330 particularity the grounds therefor and set forth the relief or order sought. contents. the court may enter or cause to be entered the order for delivery of 358 property after an exparte hearing and without notice to and the opportunity for a 359 hearing by the defendant. it shall nevertheless be subject to replevin under this section. insufficiency. or such lesser amount as shall be approved by 345 an order of the court. The order shall 371 state the names of the parties. and 363 (2) there is a special need for very prompt action due to the immediate 364 danger that the defendant will destroy. 352 (3) The defendant may challenge the sufficiency of the bond as provided in 353 subsection (b) ofK. the description of the property and the value of the 372 debt as set out in plaintiff's petition.A. If the property is in the custody of an officer under any 367 legal process. Notwithstanding the foregoing provisions of 357 this section. If the bond 350 shall be found to be sufficient. and if 334 the court is satisfied as to the probable validity of plaintiff's claim and 335 that delivery of the property to the plaintiff is in the interest of justice and 336 will properly protect the interests of all the parties. 344 as determined by the court. if the plaintiff abandons the right to take 355 possession of the property.328 (1) The application to the court for an order shall be by motion which. or conceal the 365 property. and that if the plaintiff is given possession of the property the 349 plaintiff will return it to the defendant if it be so adjudged. 346 (2) The bond shall be to the effect that the plaintiff shall duly prosecute the 347 action. 366 (f) Property in custodia legis. 331 (2) The petition and application shall be served upon the defendant pursuant 332 toK. 342 (1) The bond shall be executed by the plaintiff and one or more sufficient 343 sureties in a sum double the amount of the reasonable value of the debt. The order for the delivery of the property to the 369 plaintiff shall be delivered to the appropriate officer or person authorized to serve 370 process of any county in the state in which thepropertv is located. and amendments thereto. or as found by the court at the hearing on 373 plaintiff's application pursuant to subsection (c). unless 329 made during a hearing or trial. notice. 368 (g) Order for delivery of property. governmental or general public interest. the court may enter or 337 cause to be entered an order for the delivery of the property to the 338 plaintiff.A.S. if the court is satisfied as to the probable validity of the 360 following additional allegations to be contained in plaintiff's petition: 361 (1) Possession of the property by the plaintiff is directly necessary to secure 362 an important private right. 356 (e) Replevin. 354 (4) The court shall release the bond. without hearing. 339 (4) Prior to the issuance of the order for delivery of the property. the court shall approve the same and note 351 approval thereon. and amendments thereto.

in lieu of giving a redelivery bond. and will pay all costs and 403 damages that may be adjudged against the defendant. If the property has been delivered to the plaintiff and the defendant 415 claims a return thereof. in an amount equal to the plaintiffs bond. 387 (4) The plaintiff shall have the right to attend execution of the order. In addition to other orders. 412 judgment for the plaintiff may be for possession or for the recovery of possession. 380 (2) The appropriate officer shall execute the order by taking possession of the property 381 described therein. board or government agency. (1) In an action to recover the possession of personal property. by the person having charge of the 395 property. and serving a copy on the person charged with the order of delivery in 382 the same manner asfor personal or resident service if the person can be found in the 383 county. such officer. 384 (3) The return day of the order of delivery shall be 10 days after it is issued. Upon inspection of the 388 property the plaintiff may abandon their right to prejudgment possession and shall so 389 advise the appropriate officer and the court. board or 406 agency. 413 or the value thereof in case a delivery cannot be had. and damages for 417 taking and withholding the same. in which case hearing may be had on the issue of 410 public interest at the instance of any party. 376 (h) Execution of order. 411 (k) Judgment in action. if the order is 385 executed within the county where the court is situated. The defendant. the court shall approve the same and note approval thereon.374 appropriate officer to take immediate possession of the property and deliver it to 375 the plaintiff and make return of the order on the day named therein. judgment for the defendant may be for a return of the 416 property. safety or 408 welfare would be jeopardized or impaired if the plaintiff acquired possession of the 409 property prior to final judgment. and for damages for the 414 detention. and a return of the proceedings thereon shall be made by the person at a 396 time to be fixed by the court. The bond shall be to the effect that the defendant 402 will deliver the property to the plaintiff if so adjudged. 418 1. (1) In the execution of the order the officer may break 377 open any building or enclosure in which the property is located. or the keeping of which would be attended 393 with unreasonable loss or expense. if the officer 378 cannot otherwise obtain possession of the property or entrance to the building on 379 demand. the return day 386 shall be 20 days after the order is issued. or the value thereof in case a return cannot be had. the court may direct an appropriate officer 419 to put the party entitled to possession in possession of the property. 397 (I) Redelivery. In all other cases. executed by the defendant with 401 one or more sufficient sureties. may 398 apply to the court for redelivery of the property. bond. william duff Page 9 7/31/2007 . may retain possession of the property 407 seized by filing with the clerk a response certifying that the public health. the court may order the same to be sold on such 394 terms and conditions as the court may direct. return. If the 405 defendant is a public officer. If the bond shall be found to 404 be sufficient. 390 (i) Perishable goods. When property shall be actually seized which is likely to perish 391 or to materially depreciate in value or threatens to decline speedily in value before 392 the probable termination of the sttit. The court shall order return of the 399 property to the defendant when the defendant files a bond with the clerk of the 400 court. after service of a copy of the delivery order.

whenever it may be 432 necessary to their safety and happiness. we declare. or teacher of religion. and of altering and 431 abolishing their constitution and form of government. to demand the nature and cause of accusation. That the general. to meet the witnesses against 458 him face to face. That the people have the right peaceably to assemble for their common good. the court william duff Page 10 7/31/2007 . That the people of this state have the inherent. the people. That all elections shall be free and equal. and that their right to bear arms. cannot be questioned. can be rendered ineligible 445 to any office of trust or profit under this state. 455 9. in any criminal 464 prosecution. be again put in jeopardy of life or limb. to have 457 compulsory process for witnesses in his favor. 428 1. and exclusive right of 430 regulating the internal government and police thereof. for the same 463 offence. and that no 452 private property ought to be taken or applied to public use without just 453 compensation. Declaration of Rights 426 2. sole. that no preference can ever be 446 given by law to any sect or mode of worship. or attend any place of worship. property. 449 7. and essential principles of liberty and free government may be 427 recognized and established.420 421 ffl LAW PROTECTING INDIVIDUAL PEOPLE AND PROPERTY 422 423 424 MISSOURI BILL OF RIGHTS 425 1. 437 4. 462 10. support. 444 5. That no person. liberty. molested. 454 8. or to maintain any 440 minister of the gospel. nor be deprived of life. that the accused cannot be 460 compelled to give evidence against himself. in 436 defense of themselves and of the state. the accused has the right to be heard by 456 himself and his counsel. by petition or remonstrance. that no human authority can 441 control or interfere with the rights of conscience. and certain remedy 450 afforded for every injury to person. 429 2. but if. or character. 434 and to apply to those vested with the powers of government for redress of 435 grievances. That no person. that no person can ever be 442 hurt. and. can. to a 459 speedy trial by an impartial jury of the vicinage. That courts of justice ought to be open to every person. that no man can be 439 compelled to erect. That all men have a natural and indefeasible right to worship Almighty God 438 according to the dictates of their own consciences. 448 6. That all political power is vested in. or restrained in his religious profession or sentiments. or 461 property. That. the jury be divided in opinion at the end of the term. great. That the right of trial by jury shall remain inviolate. on account of his religious opinions. and that no religious corporation 447 can ever be established in this state. after having been once acquitted by a jury. and derived from. Article XIII. and that right and 451 justice ought to be administered without sale. if he do 443 not disturb others in their religious worship. in prosecutions on presentment or indictment. in all criminal prosecutions. but by the judgment of his peers or the law of the land. 433 3. denial. or delay.

being responsible for the abuse of that liberty. or teacher of any religious persuasion or sect. nor law impairing the obligation of contracts. for oppression or misdemeanor in office. that no person can be 484 convicted of treason unless on the testimony of two witnesses to the same overt 485 act. when the proof is evident or the presumption great. That treason against the state can consist only in levying war against it. and the privilege 469 of the writ of habeas corpus cannot be suspended. nor can the person of a debtor be 498 imprisoned for debt after he shall have surrendered his property for the benefit 499 of his creditors in such manner as may be prescribed by law. may. william duff Page 11 7/31/2007 . or compelled to bear arms.465 before which the trial shall be had. as nearly as may be. from unreasonable searches and seizures. shall be 508 granted. 467 11. That the people ought to be secure in their persons. write. 478 14. hereditary emolument. 500 18. the truth thereof may be given in evidence. regularly ordained as 504 such. That. 471 12. That no ex-post facto law. or the person or thing to be seized. in all prosecutions 494 for libels. 507 20. That the free communication of thoughts and opinions is one of the invaluable 492 rights of man. be proceeded against criminally 479 by information. papers. nor 472 cruel and unusual punishments inflicted. 482 15. and the jury may 495 determine the law and the facts. in its discretion. and 474 effects. or in the 480 militia when in actual service in time of war or public danger. 491 16. or. that no conviction can work 487 corruption of blood or forfeiture of estate. 489 and when any person shall be killed by casualty there ought to be no forfeiture 490 by reason thereof. that no person can be attainted of 486 treason or felony by the general assembly. That no person can. except in cases arising in the land or naval forces. the public safety may require it. 510 21. discharge the jury. can be passed. and print. by leave of the 481 court. without describing the 476 place to be searched. on any 493 subject. or on his own confession in open court. and that no priest. 505 19. That migration from this state cannot be prohibited. privilege. or 497 retrospective in its operation. and no warrant to search 475 any place or to seize any person or thing can issue. be subject to militia duty. or distinction. That excessive bail shall not be required. That no title of nobility. or in 483 adhering to its enemies. and that every person may freely speak. nor any office created the duration of which shall be longer than the 509 good behavior of the officer appointed to fill the same. nor excessive fines imposed. supported by oath or affirmation. That no person who is religiously scrupulous of bearing arms can be compelled 501 to do so. that the estates of such persons as 488 may destroy their own lives shall descend or vest as in cases of natural death. unless when. preacher of the 503 gospel. except for capital 468 offences. giving them aid and comfort. That all persons shall be bailable by sufficient sureties. 473 13. 496 17. That all property subject to taxation in this state shall be taxed in proportion to 506 its value. under the direction of the court. houses. for an indictable offence. in case of 470 rebellion or invasion. but may be compelled to pay an equivalent for military service in such 502 manner as shall be prescribed by law. and 466 commit or bail the accused for trial at the next term of such court. 477 nor without probable cause.

which 550 district shall have been previously ascertained by law. all or any of which articles. and no warrants shall issue. that no soldier can. or otherwise infamous crime. supported by oath or affirmation. shall be. that 525 further declaratory and restrictive clauses should be added. when ratified by three-fourths of the said 532 Legislatures. In all criminal prosecutions. to be valid to all intents and purposes as part of the said Constitution. or 542 in the militia. That the military is. as amendments to the Constitution of the 531 United States. 520 521 THE BILL OF RIGHTS 522 Amendments 1-10 of the Constitution 523 28. and all powers not herein delegated 519 remain with the people. No person shall be held to answer for a capital. liberty. the accused shall enjoy the right to a speedy and public trial. or property. in 529 Congress assembled. expressed a desire. at the time of adopting the 524 Constitution. and. 527 528 29. nor be deprived of life. 547 Amendment VT 548 32. Powers retained by people as mandated upon the State by the Federal Bill of 517 Rights and Article 4 section 2. and to have the assistance of counsel for his 553 defense. and as extending the ground of 526 public confidence in the Government will best insure the beneficent ends of its institution. shall not be violated. houses. namely: 533 534 Amendment IV 535 30. PREAMBLE: The Conventions of a number of the States having. nor shall private property be taken for public use. that the following articles be 530 proposed to the Legislatures of the several States. but 514 in such manner as may be prescribed by law. against 536 unreasonable searches and seizures. to be confronted with the witnesses against him. by the Senate and House of Representatives of the United States of America. nor can any appropriation for the 515 support of an army be made for a longer period than two years. in time of peace. but upon 537 probable cause. in all cases. and effects. This enumeration of rights shall not be construed 518 to impair or deny others retained by the people. to have compulsory 552 process for obtaining witnesses in his favor.511 22. unless on a 541 presentment or indictment of a grand jury. in order to prevent misconstruction or abuse of its powers. 545 without due process of law. when in actual service in time of war or public danger. without just 546 compensation. william duff Page 12 7/31/2007 . except in cases arising in the land or naval forces. in strict 512 subordination to the civil power. nor in time of war. and particularly describing the place to be 538 searched. be 513 quartered in any house without the consent of the owner. Resolved. nor shall any person be 543 subject for the same offense to be twice put in jeopardy of life or limb. and the persons or things to be seized. two-thirds of both Houses concurring. and at all times. and to be informed of the nature and 551 cause of the accusation. The right of the people to be secure in their persons. 539 Amendment V 540 31. nor shall be compelled 544 in any criminal case to be a witness against himself. papers. by an 549 impartial jury of the state and district wherein the crime shall have been committed. 516 a.

or to the people. where the value in controversy shall exceed twenty dollars. In suits at common law. The enumeration in the Constitution. Excessive bail shall not be required. are reserved to the states respectively. nor prohibited by it to the 566 states. shall not be construed to deny or 563 disparage others retained by the people. and no fact tried by a jury. shall be otherwise reexamined in any 557 court of the United States.554 Amendment VII 555 33. 561 Amendment IX 562 35. 558 Amendment Vin 559 34. of certain rights. 567 568 THE PLAINTIFF RESERVES THE RIGHT TO REVISE AND EXTENT THE LAW OF THIS CASE 569 AT ANY TIME 570 571 RESPECTFULLY SUB 572 573 574 william duff Page 13 7/31/2007 . nor cruel and unusual 560 punishments inflicted. nor excessive fines imposed. than according to the rules of the common law. the right of 556 trial by jury shall be preserved. The powers not delegated to the United States by the Constitution. 564 Amendment X 565 36.