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Religion
See other Religion Articles

Title: Admiralty Law - Maritime Secret Law [Vessels in Commerce vs. Vessels of the Lord]
Source: [None]
URL Source: http://www.freedomclubusa.com/admiralty_law1
Published: Aug 21, 2008
Author: commonlawvenue.net
Post Date: 2008-08-21 11:17:28 by AllTheKings'HorsesWontDoIt
Keywords: Dead Constitution
Views: 145
Comments: 4

Admiralty Law

Maritime Secret Law http://www.commonlawvenue.net/main/MSL.htm

Maritime liens are ancient encumbrances on vessels under Admiralty Law to enforce the payment of debts. Merchants and governments like admiralty law because it provides less rights to a debtor than the common law. Because ships can sail out of a jurisdiction, the merchants needed swift execution to collect debts. Therefore a creditor can have a vessel arrested by the police without any proof that the debt exists and without filing the lien. This is called an "in rem" action, in which the vessel or its cargo is seized without any proof. The creditor does not have to prove that the debt is owed unless someone files a counterclaim in a court. Thus a Notice of Lien can be sent to an alleged debtor without any proof or any filing. The courts have termed this a "secret lien" because it is not filed anywhere.

The UNITED STATES is the only government that enforces admiralty law inland. This law was initiated during the Civil War to confiscate property owned by enemies of the UNITED STATES government. The UNITED STATES is also the only government that has codified maritime liens into statutes, which is Title 46, Chapter 313. The secret lien is codified in 46 USC 31342. Maritime liens have a higher priority than all other liens. Their priority over statutory liens is stated in 46 USC 31307. Priority over common law liens is stated in 46 USC 31326. There are lists of lien priorities in the documents below, but we do not know the source of those lists. However, mortgage liens, IRS tax liens and other government liens are listed at the lowest priority.

Recorded maritime liens take priority over unrecorded liens and are called preferred maritime liens. The responsibility to record maritime liens is delegated to the UNITED STATES COAST GUARD. They have forms and instructions on their web site. But since there are no requirements for filing a maritime lien, and no proof required, one can provide the public a Notice of Claim of Maritime Lien by recording it with the county or with the Secretary of State or recording it on a UCC1.

It is not possible to arrest people for statutory offenses under the common law. The government is operating under Admiralty law when they arrest 'persons' for statutory offenses. This is considered an 'in rem' action against a vessel. All bankruptcy seizures are also considered 'in rem' actions. Thus the title of the court case "In re Maxwell" means it is in rem. Therefore, it is considered that bank foreclosures, traffic tickets and other government arrests are only "notices of interest" or "notices of lien" based on secret maritime liens that have no proof and are rebuttable with a counterclaim. Therefore a recorded maritime lien would be a valid counterclaim as an affirmative defense against those "notices of interest". Enforcement of maritime liens is discussed in 28 USC 1602 to 1611, which is the Foreign Sovereign Immunity Act. Since a "person" is defined as a "foreign state" and owner of a vessel, these statutes describe daily life in the UNITED STATES.

The controlling court case that defines the priority of liens is: UNITED STATES v. ONE 254 FT. FREIGHTER, 570 F. Supp. 413 (E.D.La. 08/11/1983)

The most quoted reference that defines a vessel as a person in admiralty jurisdiction is: G. Gilmore & C. Black, The Law of Admiralty p:586-89 (2d ed. 1975)

He defines a vessel as a person and it is also common language in the dictionary and the Bible. Vessel is defined in the US Code at 1 USC 3. Black's Law Dictionary 8th Addition says the definition of vessel is very broad. The standard dictionary defines vessel as "a person as an agent or holder of something".

Here are a list of documents that are useful for learning about maritime liens.

Businessmen's Guide to Maritime Liens This includes forms and instructions for filing liens on vessels

UNITED STATES COAST GUARD Lien Forms The USCG web site

Mortgage Lien Form This is the only form provided by USCG. It is only for Mortgages, but it could be modified

Notice of Claim of Lien Instructions quoted from 46 CFR 67.250

Claim of Lien Bank Note JHD Instructions quoted from 46 CFR 67.250

Claim of Lie HOME JHD Instructions quoted from 46 CFR 67.250

Secret Liens This is a memorandum on secret liens.

Maritime Liens in the Conflict of Law Lien enforcement in UK and US. Lien priorities.

46 USC 31321 Recording Commercial Instruments Instructions for recording notes, BOE's and checks

46 USC 31342 Establishing a Lien The statute that codifies a maritime lien

46 USC 31343 Recording Liens Instructions for recording a maritime lien

Enforcement of Liens 28 USC 1605 Enforcing maritime liens against vessels owned by foreign states

Foreign Sovereign Immunity 1603 Def Immunity of foreign states from US courts unless participating in commerce in the UNITED STATES

Foreign Sovereign Immunity 1604

University of Miami School of Law_ Admiralty Research Guide (48k)

Maritime Law, and its IRS Implications, In Tax Matters

Invisible Contracts by George Mercier

Invisible Contracts - The Help File

Invisible Contracts, Admiralty Jurisdiction

Library: Invisible Contracts

Invisible Contracts Investigated

Employee Surveys

The Will to Work and the Invisible Contract

How the Entire Legal System Really Operates

Intellectual Property Protection Restoration Act

Intellectual Property Definitions

Maritime Law

BOE's and Promissory Notes

Why We Are in The Admiralty Jurisdiction

Securitization (113kb)

Counterclaims To Debt Collection (34kb)

Steps to Establishing a Counterclaim (30kb)

George Mercier's "Invisible Contracts"

www.freedomclubusa.com/admiralty_law1


Poster comment:

More on Admiralty Law: GET THAT GOLD FRINGE OFF MY FLAG! http://www.apfn.org/apfn/flag.htm

The most quoted reference that defines a vessel as a person in admiralty jurisdiction is: G. Gilmore & C. Black, The Law of Admiralty p:586-89 (2d ed. 1975)

He defines a vessel as a person and it is also common language in the dictionary and the Bible. Vessel is defined in the US Code at 1 USC 3. Black's Law Dictionary 8th Addition says the definition of vessel is very broad. The standard dictionary defines vessel as "a person as an agent or holder of something".

Isa 66:20 And they shall bring all your brethren [for] an offering unto the LORD out of all nations upon horses, and in chariots, and in litters, and upon mules, and upon swift beasts, to my holy mountain Jerusalem, saith the LORD, as the children of Israel bring an offering in a clean vessel into the house of the LORD.

Jer 48:38 [There shall be] lamentation generally upon all the housetops of Moab, and in the streets thereof: for I have broken Moab like a vessel wherein [is] no pleasure, saith the LORD.

Act 9:15 But the Lord said unto him, Go thy way: for he is a chosen vessel unto me, to bear my name before the Gentiles, and kings, and the children of Israel:

Outline of Biblical Usage

1) a vessel

2) an implement

a) in the plural

1) household utensils, domestic gear

2) the tackle and armament of vessels, used specifically of sails and ropes

3) metaph.

a) a man of quality, a chosen instrument

b) in a bad sense, an assistant in accomplishing an evil deed

"Vessel" was a common Greek metaphor for *** "body" since Greeks thought of souls living temporarily in bodies.

http://www.blueletterbible.org/kjv/Act/Act009.html#15

http://cf.blueletterbible.org/la...n.cfm?Strongs=G4632&t=kjv

WHOSE "body" are Christians, anyway?

1Cr 12:27 Now ye are the body of Christ, and members in particular.

Eph 4:12 For the perfecting of the saints, for the work of the ministry, for the edifying of the body of Christ:

Rom 7:4 Wherefore, my brethren, ye also are become dead to the law by the body of Christ; that ye should be married to another, [even] to him who is raised from the dead, that we should bring forth fruit unto God.

http://www.blueletterbible.org/tsk_b/Rom/7/4.html

Mat 6:24 No man can serve two masters: for either he will hate the one, and love the other; or else he will hold to the one, and despise the other. Ye cannot serve God and mammon.

Luk 16:13 No servant can serve two masters: for either he will hate the one, and love the other; or else he will hold to the one, and despise the other. Ye cannot serve God and mammon.

Mat 12:30 He that is not with me is against me; and he that gathereth not with me scattereth abroad.

Should Christians in America be free to serve God and not mammon? George W. Bush says so! [sometimes, when it suits his purpose, when he's not promoting the satanic Noahide Laws.]

"Office of the Press Secretary

December 4, 2001

President Meets with Displaced Workers in Town Hall Meeting .....

"....First of all, governments shouldn't worry about faith. We ought to welcome faith. ....... And it's not a particular faith I'm talking about.

I'm talking about the Muslim faith, I'm talking about Judaism, and I'm talking about Christianity. No, the faith doesn't have a lock on a certain religion. I'm talking about people who have heard a call.

We must not fear. We must fear government embracing religion. We fear state religion -- that's not what we're for. We don't want for one government or religion. Government will never say, this is the religion. We're a free society for religion. .....I'm passionate on the subject because I understand the power of faith in people's lives and I understand what it can mean. (Applause.) ....."

www.whitehouse.gov/news/r.../2001/12/20011204-17.html

"President Bush urged the Chinese government to expand religious freedoms.....

BEIJING -- President Bush urged the Chinese government to expand religious freedoms and attended church here Sunday ......

Laura and I just had the great joy and privilege of worshiping here in Beijing, China," Bush told reporters outside Beijing Kuanjie Protestant Christian Church, an "official church" under Communist Party control. "You know, it just goes to show that God is universal, and God is love, and no state, man or woman should fear the influence of loving religion."......

Bush also stressed the importance of not linking religious groups with terrorism, he said.

Religious freedom has consistently been a top human rights issue in the Bush administration's dealings with China.

".....we're disappointed any time that someone is unable to worship freely," White House spokesman Gordon Johndroe said....."

http://www.latimes.com/sports/ol...2008aug11,0,6823830.story

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#1. To: AllTheKings'HorsesWontDoIt (#0)

What timing...I'm currently on a vessel that was seized by Federal Marshal's on June 2nd, the company had to pay off an unpaid debt of over $300k before it was released. Then the charterers (a Mexican dive company) got word that the marshals were on their way back to seize it again for another unpaid debt, so we had to set sail in a hurry before they got there.

Now, the charterers refuse to enter any port in the US, for fear of the boat getting seized again. In fact, we're wrapping up this job in the Gulf of Mexico, and the boat is going back down to Mexico, probably for good.

I suspect they'll stiff a lot of third party contractors, the company I work for included.

Pern  posted on  2008-08-21   11:30:44 ET  Reply   Untrace   Trace   Private Reply  


#2. To: Pern (#1)

What timing...I'm currently on a vessel that was seized by Federal Marshal's on June 2nd, the company had to pay off an unpaid debt of over $300k before it was released. Then the charterers (a Mexican dive company) got word that the marshals were on their way back to seize it again for another unpaid debt,

I don't know if the debts were valid or not....all I know is CorpUSA is a band of pirates....was the debt bogus?

I suspect they'll stiff a lot of third party contractors, the company I work for included.

Gee, I hope you get paid.

AllTheKings'HorsesWontDoIt  posted on  2008-08-21   12:10:41 ET  Reply   Untrace   Trace   Private Reply  


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