Prison Treatise

7/21/2019 Prison Treatise

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JEAN KEATING'S PRISON TREATISE

November 30, 2004

The courts are operating under Statute Law. A "Statute" is deined in !ac#$s Law %ictionar&, 'ourth (ditionrevised as a #ind o bond or obigation o record, being an abbreviation or "statute merchant" or "statutestape".

Statute)merchant * is deined as a securit& or a debt ac#nowedged to be due, entered into beore the chiemagistrate o some trading town, pursuant to the statute +3 (dward . %e -ercatoribus, b& which not on& thebod& o the debtor might be imprisoned, and his goods seied in satisaction o the debt, but aso his andsmight be deivered to the creditor ti out o the rents and proits o them the debt be satisied. This was asocaed a /oc#et udgment.

Statute Stape * A +313 statute estabishing procedure or setting disputes among merchants who traded instape towns. The statute heped merchants receive swit udgment or debt. . STATT( -(56ANT. 2. Abond or commercia debt. A statute stape gave the ender a possessor& right in the and o a debtor whoaied to repa& a oan. See STA/L(.

"A popuar orm o securit& ater +271 . . . was the . . . $statute stape$ ) whereb& the borrower coud b& meanso a registered contract charge his and and goods without giving up possession8 i he aied to pa&, theender became a tenant o the and unti satisied . . . the borrower under a statue or recogniance remainedin possession o his and, and it ater became a common practice under the common)aw orms o mortgagei#ewise to aow the mortgagor to remain in possession as a tenant at wi or at suerance o the mortgage.".6. !a#er, An introduction to (ngish Lega 6istor& 314 93d edition +::0;.

5ecogniance * A bond or obigation o record binding a person to some act as to appear in court andsubect to oreit mone& i obigation is not uied. 'ia * 'ia, short or the Latin phrase ieri acias 9"et it bemade . . ."; was a court 9e Ta#e o; the propert& o a debtor in order tosatis& a udgment 9see udgment and e


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presented. t must be written on the drat, and ma& consist o his signature aone. t becomes operative whencompeted b& deiver& or notiication 3)4+0 o the ...

Dou are the iduciar& trustee o the straw man which is a esti Eue Trust8 in this capacit& &ou have theresponsibiit& to discharge a his debts, b& operation o aw. Dou are aso the principa or asset hoder on theprivate side o the accounting edger8 &ou are hoding the e


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2G Apri, the price cosed beow F3 a share again ater brie& hitting F3.10 the previous wee#. /rices throughthe irst ha o ma& have genera& been beow F3 a share. ?n une C, the stoc# hit a new ow o F2.00 andta#s started on inancia restructuring to remed& deaut on credit ine. %uring the ne


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The !ac#stone @roup is aso handing the restructuring o @oba rossing. The !ac#stone @roup is ocatedat 341 /ar# Avenue New Dor#, ND +0+14 SA /hone8 P+ 2+2 173 1000 'a


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5(T$s a into three broad categoriesM

(Huit& 5(T$sM 9:G.+K;

(Huit& 5(TS invest and own properties 9thus responsibe or the eHuit& or vaue o their rea estate assets;.Their revenues come principa& rom their propert& rents.

-ortgage 5(TsM 9+.GK;

-ortgage 5(Ts dea in investment and ownership o propert& mortgages. These 5(Ts oan mone& ormortgages to owners o rea estate, or invest in 9purchase; e


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ounter drug Technoog& Assessment enter 9TA;

%rug (norcement Administration 9%(A;

'edera !ureau o /risons 9'!/;

'edera /rison ndustries 9operated b& %?;8 aso #nown as N?5

mmigration and Naturaiation Service

Nationa nstitute o orrections 9N;

Nationa nstitute o ustice 9N;

Nationa Law (norcement and orrections Technoog& enter 9NL(T;

Nationa Technica normation Service 9NTS;

?ice o orrectiona (ducation 9?A(;

?ice o %rug ontro /oic& 9?%/;

?ice o Law (norcement Standards 9?L(S;

?ice o Law (norcement Technoog& ommerciaiation 9?L(T;

?ice o Nationa %rug ontro /oic& 9?N%/;

?ice o Science and Technoog& 9?ST;

Space and Nava Barare S&stems enter, San %iego 9Nav& SS San %iego;

Southwest border 6igh ntensit& %rug Traic#ing Area 96%TA;

N?5

.S. ustoms Service

.S. %epartment o %eense 9%?%; !iometric -anagement ?ice 9!-?;

.S. %epartment o 6omeand Securit& border and Transportation Securit& %irectorate 9!TS;

.S. %epartment o ustice 9%?;

.S. /aroe ommission

Non)@overnmenta (ntities

Aternative -onitoring Services

American orrectiona Association

American Legisative (


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The =!iometric 'oundation>

!obb& 5oss @roup

apita orrection 5esources

orne orrections

correctionanews.com

corrections.com

orrections orporation o America 9A;

orrections &eow /ages

%ominion -anagement

%ove %eveopment orporation

(ar Barren Lega nstitute

'edera (


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/rintra# 9-otoroa;

/rison ndustries

The /rison Litigation 5eorm Act 9+::G;

/rison 5eat& Trust 9merged with orrections orporation o America;

/rison teephone service 9ATT the Authorit&8 !eSouth -AI, - -a


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Sustainabe deveopment

Timeine to goba governance

(

4. 'ranchise

1. nterna -ar#ets

G. ouchers

C. ommerciaiation =aso reerred to as service shedding>

7. Se 6ep =aso reerred to as transer to non)proit organiation>

:. ounteers

+0. orporatiation

++. Asset Sae or Long)Term Lease

+2. /rivate nrastructure %eveopment and ?peration

orne orrections nc. =NDS(M5N> is chaired b& %A% -. ?5N(LL and their ompan&$s conceptbegan %ecember C, +::0, it was a rough business pan, &et the %ion 5ead enture apito became thereirst investor on 'ebruar& 2+, +::+. =The& are aso caed Trinit& enture apita and Shane 5eihi is thehairman and ounder.> The& buit correctiona aciities in /&mouth, -assachusetts, the other in entra'as, 5hode sand. The& have grown 33)od in revenues and oenders under contract since that time. The&

have diversiied and are now dependent upon deveopment and have diversiied into the three sectors o thebusiness) secure institutiona, the& go up to ma


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revenues are around 42 percent, uvenie revenues appro =nsome ancient records 6e was caed apitanus -aritimarum or "aptain or Tenant in hie o the -aritime">

who receives persona propert& rom another as !aiment. The !aier is one who provides bai as a suret& ora crimina deendant$s reease. Aso speed !aior. !aiment is the deiver& o persona propert& b& oneperson =the !aior> to another =the !aiee> who hods the propert& or a certain purpose under an e


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monies and investments. 'urthermore, in addition to the entra !an#s, there is the @roup o (ight which iscomprised o the heads o state rom the nited States, anada, @erman&, apan, ta&, 'rance, @reat!ritain, and 5ussia. The& have been meeting since +:C1 when there were on& ive countries. 5ussia is themost recent countr& to oin. The& participate u& in ever& area with the e


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As &ou can see b& the above inormation, this s&stem permeates ever& abric o our societ&. This treatiserepresents about 40 hours o brainstorming. urrent& goba terrorism is being unded b& the prison s&stemand the State$s 5etirement 'und go to www.%ivestTerror.?rgthis is a ++1 page treatise on the Terrorismnvestments o the 10 States.

@o to a search engine and t&pe in .S ourts. @o to court in#s and cic#, which shows a map o the circuitcourts, cic# on Cth circuit, a ist o the Cth and 7th circuit courts wi appear, cic# on inois Northern %istrict

ourt, then cic# on er#$s ?ice, then go to administrative services, then to 'inancia %epartment, &ou wisee rimina ustice Act, /ost udgment nterest 5ates, and ist o sureties, cic# on sureties it wi ta#e &outo '-S.T5(AS.@?, there on et side &ou wi see sureties isting, admitted reinsurers and orms, cic# onorms and &ou wi see 5einsurance Agreement or a -ier Act /erormance !ond S' 2C3, and a S'2C4/a&ment !ond and a 5einsurance Agreement in 'avor o the nited States S' 2C1 and a ist o Admitted5einsurers, /oos and Associations, and Lo&ds$ S&ndicates, &ou wi aso see a ist o the %epartment o theTreasur&$s Listing o Approved Sureties =%epartment ircuar 1C0>.

.S. %istrict ourts are bu&ing up the State ourt deaut udgments, when &ou reuse to pa& or dishonor thedebt. ontractors and nsurance ompanies are bidding on the deaut udgments with a !id !ond, then a5einsurance ompan& comes in and purchases a /erormance !ond as a suret& or the !id !ond. The/erormance !ond is then under written b& a /a&ment !ond, this is usua& done b& an investment compan&or investment ban#er. Bhen these !onds are pooed the& become mortgage bac#ed securities or suret&

bonds. The& are then put on the bond mar#et through T!A =The !ond Association>. These bonds are asosod as investment securities through bro#erage houses or insurance companies. Securicor is one o &ourbiggest internationa securities companies and is ocated in South Arica and have acHuired @ra& Securit&Services. Securicor was ormed rom the merger between Securicor pic and @roup 4 'a#, which wascompeted in u& 2004. Securicor operates in 10 dierent countries.

5einsurance is deined as insurance o a or part o one insurer$s ris# b& a second insurer, who accepts theris# in e 27.202)+ and 13.2279h;. These bonds are being used in cases where itis desired to cover the e


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/a&ment !onds. The prisons are reerred to as credit aciities, institutions or repositories. The& unctionessentia& the same wa& that a %epositor& !an# does under +C '5 section 410. The /risons are acting inthe capacit& o a iduciar& or custodian over @overnment Securities or otherwise or the account o acustomer, and that are not government securities bro#ers or deaers, as deined in sections 3 9a;944; o theSecurities (

The Treasur& %epartment issues certiicates o authorit& to insurance companies who submit a inancia

statement to the %epartment o the Treasur&. The reinsurance compan&$s imitation on iabiit& is determinedand predicated on +0K o the /oic& 6oders surpus retained b& earnings rom capito surpus. Thepubished underwriting imitation is on a per bond basis but does not imit the amount o a bond that acompan& ma& write. ompanies are aowed to write bonds with a pena sum over their underwriting


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imitation as ong as the& protect the e


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S5(TD N'?5-AT?N ?''(

Nationa Association o Suret& !ond producers1221 Bisconsin Avenue NB, Suite G00,Bashington, %.. 200+19202; G7G)C4G3 'a< 9202; G7G)3G1Gwww.sio.orgsiosio.org

aso beieve that the !id !onds are being used to purchase commercia items =commercia paper> such ascourt udgments this is done through @SA S' orm +44: contract orm and is a rated order under %/AS=%eense /riorities and Aocations S&stem> see +1'5 C00 this is under the Nationa Securit& ndustria!ase 5eguations. This is a under the (


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+2. ?N%T 'NANN@ * The issuance o municipa securities b& a governmenta unit 9reerred to as the"conduit issuer" to inance a proect to be used primari& b& a third part&, usua& a or)proit entit& engaged inprivate enterprise or a 10+ 9c; 93; organiation 9reerred to as the "conduit borrower";. The securit& or thist&pe o issue is customari& the credit o the conduit borrower or pedged revenues rom the proect inanced,rather than the credit o the conduit issuer. Such securities do not constitute genera obigations o theconduit issuer because the conduit borrower is iabe or generating the pedged revenues. ndustriadeveopment bonds, mutiami& housing revenue bonds and Huaiied 10+ 9c; 93; bonds are common t&pe$s

o conduit inancings. SeeM 6?SN@ 5((N( !?N%) -uti)ami& housing revenue bonds8 N%ST5AL%((L?/-(NT8 /5AT( ATTD !?N%.

+3. ABA5% * The oicia acceptance b& the issuer o a bid or oer to purchase a new issue o municipasecurities b& an underwriter. The date o the award is genera& considered the "sae date" o an issue. SeeM!%8 !?N% /56AS( A@5((-(NT8 B5TT(N ABA5%. ompareM (5!AL ABA5%.

+4. !(N('AL ?BN(5 * The person to whom the beneits o ownership o given securities accrue, eventhough the securities might be hed b&, or in the name o, another person or hed in an account over whichanother person has investment discretion. 'or e


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22. NAT?NAL S(5T(S L(A5N@ ?5/?5AT?N 9NS; * A cearing corporation. SeeML(A5N@ ?5/?5AT?N8 %(/?ST?5D T5ST AN% L(A5N@ ?5/?5AT?N.

23. L(A5N@ ?5/?5AT?N * A registered cearing agenc& that provides speciaied comparison,cearance and settement services or its members. A cearing corporation t&pica& oers services such asautomated comparison s&stems and transaction netting s&stems. ompareM %(/?ST?5D. SeeM NAT?NALS(5T(S L(A5N@ ?5/?5AT?N8 5(@ST(red L(A5N@ A@(ND.

24. %(/?ST?5D T5ST AN% L(A5N@ ?5/?5AT?N 9%T; * The entit& ormed b& the merger o%epositor& Trust and Nationa Securities earing orporation. %T aciitates the cearance andsettement o securities transactions.

21. AT6?5TD * A unit or agenc& o government, or a separate& estabished not)or)proit entit& ormed onbeha o a governmenta entit&, estabished to perorm speciaied unctions. n some cases, authorities havethe power to issue debt that is secured b& the ease renta pa&ments made b& a governmenta unit using theaciities constructed with bond proceeds. n other cases, authorities issue private activit& bonds or thepurpose o ma#ing the proceeds avaiabe to Huaiied private entities or use as permitted under the ederata< aws. (


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33. Euaiied student oan bonds * /rivate activit& bonds issued to inance student oans or attendance athigher education institutions.

34. Euaiied veterans$ mortgage bonds * /rivate activit& bonds that are genera obigations o a state issuedto und mortgage oans to inance owner)occupied residentia propert& or veterans. The abiit& o states toissue new and reunding Huaiied veterans$ mortgage bonds on a ta


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9b; "onsideration" means an& consideration suicient to support a simpe contract. The drawer or ma#er oan instrument has a deense i the instrument is issued without consideration. an instrument is issued or apromise o perormance, the issuer has a deense to the e competed a convention onnternationa !is o (


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9d; A promise or order other than a chec# is not an instrument i, at the time it is issued or irst comes intopossession o a hoder, it contains a conspicuous statement, however e


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o the Treasur&, who in reait& is the Secretar& o the Treasur& o /uerto 5ico. The oice o the Secretar& oThe Treasur& o the nited States was done awa& with in +:2G8 have the egisative documentation o this.The nternationa -onetar& 'und has repaced the oice o the Secretar& o the Treasur& o the nitedStates, which was or is being chaired b& Nichoas !rad&. The etters beow designate which district or ban# ishanding &our account

AM !oston !M New Dor# M /hiadephia %M eveand

(M 5ichmond 'M Atanta @M hicago 6M St.Louis

M -inneapois M Oansas it& OM %aas LM San 'rancisco

The whoe probem and nothing ese is that the pubic and nationa debt or deicit is not being redeemed onthe pubic side through &our e through the

'% ='edera %epositor& nsurance orporation> Tite +2 section +7++ 9a;.

Bhen the& e than aive. Bh& do &ou thin# the poice are so Huic# to shoot peopeR This e is sacriiced to avert the peri,ever&bod& who is a passenger on the ship or vesse =the nited States> has to pa& or the oss or sacriicethrough the doctrine o ontribution. The& had to insure or indemni& their osses through a maritimeinsurance poic&, the& accompished this through 'A ='edera nsurance ontribution Act>, which is theinsurance poic& under Socia Securit&. (ver&bod& who has a SS number is a o)debtor or o)suret& or theoss o the god or mone& under the pubic poic& o 6..5. +:2 and tite 3+ section 1++7 92; 9d;. The origins oindemnit& a

(ver& State has passed or adopted the oint)Tort)'easors Act under the doctrine o ontribution. This isbasica& a insurance, which is o admirat& maritime aw. This is caed genera average contribution in


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admirat& maritime aw. %ABS?N v. ?NT5AT?5S T5ANS/?5T ?5/. 4GC '. 2% C2C 9+:C2;. AATLANTA /A'A, S.A. v. 6-!L( ?L 5('NN@ ?. 2C4 '. S//. 774 9+:GC; is an e


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the Treasur& had @od and was the reason or the passage o the 'edera 5eserve Act and wh& the& had tota#e god and siver out o circuation to cover up the raud. This is wh& the& passed 65 +:2 =Tite 3+ section1++7 2 9d;> and goes into the 33 K that provides unds or unding the pubic municipaities.

T6( /5AT( AN% 5S%T?N ?' T6( ?5T ?' A%-5ALTD

N T65(( /A5TS b& ohn (. 6a, (sHuire %ateM +70:

This practice was used b& /roctors in the ice Admirat& ourts in the oonies prior to the American5evoution and was deivered to the cer# o the -ar&and district court, /hiip -oore on the 4th da& o?ctober, +70:. The irst edition was printed in +GC:, a third edition was pubished in the &ear +C22 and a newedition in +C:+ o which this is a e 414.

This practice was written or private viewing on& and not pubic as evidenced b& its substance.

'irst /art 6istorica (,

b& 'rancis er#e, who was registrar o the ourt o Arches during the reign o Eueen (iabethM

Arches ourt * n (ngish (ccesiastica Law a ourt o Appea beonging to the Archbishop o anterbur&,the udge o which is caed the "The %ean o Arches" because his court was ancient& hed in the church oSaint -ar& Le)!ow. =Sancta -aria de ) Arcubus>. So named rom the steepe, which is raised upon piarsbuit arch wise 3 !L ommentar& G4.

The court was ormer& hed in the ha beonging to the oege o iviians, common& caed "%octor$sommons." t is now hed in Bestminster 6a. t$s proper urisdiction is on& over the thirteen pecuiarparishes beonging to the Archbishop in London, but the oice o the %ean o the Arches, having been or aong time united with that o the Archbishop$s principa oicia, The udge o the Arches, in right o such addedoice, it receives and determines appeas rom the sentences o a inerior (ccesiastica ourts within theprovince.

iviian * ?ne who is caed or versed in the ivi Law, a doctor, proessor, or student o the ivi Law. Aso aprivate citien, as distinguished rom such as beong to the Arm& and Nav& or =in (ngand> the church.

5egister * An oicer authoried b& aw to #eep a record caed a "5egister" or 5egistr&" as the 5egister orthe /robate o Bis.

5A * n od (uropean Law. A court. The paace, househod, or retinue o a sovereign. A udicia tribuna orcourt hed in the Sovereign$s paace. A court o ustice The civi power, as distinguished rom the(ccesiastica. A manor8 a nobeman$s house8 the ha o a manor. A piece o ground attached to a house8 a&ard or court&ard. Speman. A Lord$s court hed his manor. The tenants who did suit and service at the ord$scourt. A manse, owe.

n 5oman Law

A division o the 5oman peope, said to have been made b& 5omuus. The& were divided into three tribes,and each tribe into ten curiae, ma#ing thirt& curiae in a. Speman. The pace or buiding in which each curiaassembed to oer sacred rites. The pace o meeting o the 5oman senate8 the senate house. The senatehouse o a province8 the pace where the decuriones assembed. od. +0, 3+, 2.

%(5? * Latin. A decurion n the provincia administration o the 5oman (mpire, the decurions were thechie men or oicia personages o the arge towns. Ta#en as a bod&, the decurions o a cit& were chargedwith the entire contro and administration o its interna aairs8 having powers both magisteria and egisative.See + Spence, (H. ur. 14.

Some o the courts were caed admirat&, others were caed consuar courts. The udges were caed consusand the code which the& operated b& was caed the consuate o the sea. These consus were civi udges.


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The district courts toda& possess the authorit& and urisdiction o the 6igh ourt o Admirat&. The Lordscommissioners o the Admirat&, who possess the same urisdiction as the Lord 6igh Admira. The Lord 6ighAdmira grants the oice o 5egistrar o the Admirat& or ie. n this countr& the cer#s o the %istrict ourts othe nited States are appointed b& the ourts respectu& in which the& Act, and hod their oices at wi. Theterm 5egistrar is amost s&non&mous with 5egister does this ring a be. The ivi Law distinguishes betweena Letter and a Barrant o Attorne&. The ormer is caed a procuration, pro


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depredations =pundering or piaging>." At the time this wor# was authored the Admirat& ourt was mere& aivi ourt o nstance. There were arguments brought on various grounds such as inra praesidia =within thedeenses> this is the internationa doctrine that someone who captures goods wi be considered the owner othe goods i the& are brought compete& within the aptor$s power. This term is a corruption o the 5oman)aw term intra praesidia, which reerred to goods or persons ta#en b& an enem& during war. nder theprincipe o postiminium, the captured person$s rights or goods were restored too prewar status when thecaptured

The oath to hod bai was an oath o caumn& =oath to support painti or deendant$s good aith and beiethat there was a bone ide caim>.

nstruments are or the most part two)od either pubic# or private

/ubic# nstruments areM

+. nstrument drawn under the hand o a Notar& /ubic, or other pubic# person, either in or out o ourt.

2. That which is seaed with some pubic# or authentic# sea, 9though written b& a private; as o a /rince,it&, niversit& or oege.

3. A writings whatsoever 9though private; which are e

1. Those writings which are subscribed b& the person and witnesses. And this is pubic# as to its eects.

/rivate nstruments are such as are made without an& soemnit&8 and the& are eitherM

+. Accounts

2. /rivate nventories or 5egisters.

3. /rivate etters betwi beore theudge or apud acta =recorded in writing and to appeas ta#en ora& in ront o the udge> when he deivers thesentence or interocutor& decree, or beore a notar& and witnesses within the +1 da&s which are aowed b&the statutes o the #ingdom or bringing appeas.

onsetio$s /ractice o the (ccesiastica ourts, London, +C07. This essa&, athough it reates to the practiceo the (ccesiastica ourt, is eHua& appicabe to the Admirat& ourts. n respect o the subect matter othe ibe, there are on& two sorts in use =pg. +23>, one o which is conventiona or civi, =a conveniendo, rom

convening> the other crimina, =a crimine seu Huerimonia>.

Jean B. Keating

Documents

Prison Treatise