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Notice: Not meant to
be exhaustive.
Homo vocabulum est naturae;
persona juris civilis. Man (homo) is a term of nature; person (persona)
of civil law. Calvin (from Black's Law Dictionary,
Second Edition (1910), page 577.)
Homo vocabulum est naturae;
persona juris civilis-Man is a term of nature; person of civil law.
Bouvier's Law Dictionary (1914), "Maxim," p. 2136.
American Law and
Procedure, Vol. 13, page 137, 1910:
"This word 'person' and its scope and
bearing in the law, involving, as it does, legal fictions and also
apparently [IN APPEARANCE ONLY] natural beings, it is difficult
to understand; but it is absolutely necessary to grasp, at whatever
cost, a true and proper understanding to the word in all the phases
of its proper use. A person is here not a physical or individual
person, but the status or condition with which he is invested. Not
an individual or physical person, but the status, condition or character
borne by physical persons. The law of persons is the law of status
or condition."
As found in Black's
Law Dictionary, Sixth Edition, page 1142
Person.
In general usage, a human being (i.e. natural person), thoough by
statute term may include labor organizations, partnerships, associations,
corporations, legal representatives, trustees, trustees in bankruptcy,
or receivers. See e.g. National labor Relations Act, § 2(1), 29
U.S.C.A. § 152; Uniform Partnership Act, § 2.
Scope and delineation
of term is necessary for determining those to whom
Fourteenth Amendment of the national Constitution affords protection
since this Amendment expressly applies to "person."
The word "person" in legal terminology is perceived as a
general word which normally includes in its scope a variety
of entities other than human beings. Church of Scientology v. U.S. Dept. of Justice, 612 F.2d 417, 425 (1979)
United States
Code
TITLE 15 - COMMERCE AND TRADE
CHAPTER 1 - MONOPOLIES AND COMBINATIONS
IN RESTRAINT OF TRADE § 7.
"Person" or "persons" defined
The word "person", or "persons", wherever
used in sections 1 to 7 of this title shall be deemed to include
corporations and associations existing under or authorized by the
laws of either the United States, the laws of any of the Territories,
the laws of any State, or the laws of any foreign country.
(Emphasis added.)
United States
Code
TITLE 15 - COMMERCE AND TRADE
CHAPTER 1 - MONOPOLIES AND COMBINATIONS
IN RESTRAINT OF TRADE § 12. Definitions; short title
(a) The word "person" or "persons" wherever
used in this Act shall be deemed to include corporations and associations
existing under or authorized by the laws of either the United States,
the laws of any of the Territories, the laws of any State, or the
laws of any foreign country. (Emphasis
added.)
[Ed. Note: Reader
advised to discover legal meaning of "shall" and "include". Reader
is asked,
Do you see the word "man"
or "woman" in these code items?
Perhaps they are not "included"
or "applicable"?]
CHAPTER 311.
CODE CONSTRUCTION ACT
(TEXAS)
§ 311.005. GENERAL DEFINITIONS. The following
definitions apply unless the statute or context in which the word
or phrase is used requires a different definition:
(2) "Person" includes corporation, organization,
government or governmental subdivision or agency,
business trust, estate, trust, partnership, association, and any
other legal entity.
[Ed. Note:
Reader advised to discover legal meaning of "includes".]
Texas Code of
Criminal Procedure
CHAPTER 17A. CORPORATIONS
AND ASSOCIATIONS
Art. 17A.01. APPLICATION
AND DEFINITIONS.
This chapter sets out some of the procedural
rules applicable to the criminal responsibility of corporations
and associations. Where not in conflict with this chapter, the other
chapters of this code apply to corporations and associations.
In this
code, unless the context requires a different definition:
(1) "Agent" means a director, officer,
employee, or other person authorized to act in behalf of a
corporation or association.
(2) "Association" means a government or
governmental subdivision or agency, trust, partnership, or
two or more persons having a joint or common economic interest.
(3) "High
managerial agent" means:
an officer of a corporation or association;
a partner in a partnership; or
an agent of a corporation or association who has duties of such
responsibility that his conduct
may reasonably be assumed to represent the policy of the corporation
or association.
(4) "Person," "he," and "him" include
corporation and association.
Added by Acts 1973, 63rd Leg., p. 979,
ch. 399, Sec. 2(D), eff. Jan. 1, 1974.
(Emphasis added.)
Art. 17A.02. ALLEGATION
OF NAME.
In alleging the name of a defendant corporation,
it is sufficient to state in the complaint, indictment, or information
the corporate name, or to state any name or designation by which
the corporation is known or may be identified. It is not necessary
to allege that the defendant was lawfully incorporated.
(Emphasis added.)
In alleging the name of a defendant
association it is sufficient to state in the complaint, indictment,
or information the association's name, or to state any name or designation
by which the association is known or may be identified, or to state
the name or names of one or more members of the association, referring
to the unnamed members as "others." It is not necessary to allege
the legal form of the association. Added by Acts 1973, 63rd Leg.,
p. 979, ch. 399, Sec. 2(D), eff. Jan. 1, 1974.
The
Texas Penal Code clearly is law to be administered and enforced
against a person(s) i.e. Texas Government Code section 311.005(2);
CCP Art 17A.01(4). However, the Penal Code fails to include the
term "Sovereign." Numerous courts have held that statutes must be
specific and that for a Sovereign to be bound by statute, the Sovereign
must be specifically named. And without a doubt a sui juris man
/ woman is a Sovereign. [Ed. Note: Reader is advised to get to known
sui furls.]
By way of example, the Michigan
Supreme Court and the United States Supreme Court concurred and
made it perfectly clear that the term "person" does not include
the "Sovereign" and that for a Sovereign to be bound by statute
the Sovereign must be "specifically named." Will v. Michigan state
Police, 105 L.Ed. 2nd 45 (1938) "Since in common usage, the term
"person" does not include the Sovereign. Statutes employing the
phrase are ordinarily construed to exclude it." United States v.
Fox, 94 US 315.
Texas Rules of Civil
Procedure - RULE 52. ALLEGING A CORPORATION
An allegation that a corporation is incorporated shall be taken
as true, unless denied by the affidavit of the adverse party,
his agent or attorney, whether such corporation is a public
or private corporation and however created.
2010 Florida Statutes
F.S. 760.02Definitions.
(6)“Person” includes an individual,
association, corporation, joint apprenticeship committee, joint-stock
company, labor union, legal representative, mutual company,
partnership, receiver, trust, trustee in
bankruptcy, or unincorporated organization; any other legal
or commercial entity; the state; or any
governmental entity or agency.
To assist the reader
in gaining a fuller comprehension of this matter - one is asked,
"What
is that you see when standing before a mirror?"
For historical
research and discussion on the rise of corporate dominance and the
theft of
human rights see
Unequal Protection,
by Thom Hartman, 2002, ISBN: 1-57954-955-1
Notes on PERSON
Get to know THE STATE OF TEXAS
It's all in the
NAME
ANSWER TO THE ENIGMA of a
capitalized name
Meet Your Strawman!
Freedom - The NAME Game
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TITLE 22 >
CHAPTER 21 >
SUBCHAPTER II > § 1631 |
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-HEAD-
Sec. 1631. Definitions
-STATUTE-
As used in this subchapter
the term -
(1) 'Person'
means a natural person, partnership, association,
other unincorporated body, corporation, or body politic.
(2) 'Property'
means any property, right, or interest.
(3) 'Treaty
of peace', with respect to a country, means the
treaty of peace with that country signed at Paris, France,
February 10, 1947, which came into force between that country
and
the United States on September 15, 1947.
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TITLE 22>
CHAPTER 21 >
SUBCHAPTER III > § 1641 |
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-HEAD-
Sec. 1641. Definitions
-STATUTE-
As used in this subchapter the
term -
(1) 'Person' means
a natural person, partnership, association,
other unincorporated body, corporation, or body politic.
(2) 'National of
the United States' means (A) a natural person
who is a citizen of the United States, or who owes permanent
allegiance to the United States, and (B) a corporation or
other
legal entity which is organized under the laws of the United
States, any State or Territory thereof, or the District
of
Columbia, if natural persons who are nationals of the United
States own, directly or indirectly, more than 50 per centum
of
the outstanding capital stock or other beneficial interest
in
such legal entity. It does not include aliens.
The word "inhabitant" has several meanings in law depending upon on the context. (footnote omitted) In some contexts it is
equated with citizenship, (citations omitted); in other contexts,
specifically that of the federal civil rights acts passed during
the Reconstruction, (footnote omitted) "inhabitant" has been held
not to mean "citizen." Baldwin v. Franks, 120 U.S. 678, 690-692,
75 S.Ct. 656, 32 L.Ed. 766 (1887) .... (italics in original)
After comprehensive analysis of the intent of Congress which
drafted this legislation, (footnote omitted), this court holds
that the word "inhabitant" describes any person who is within the
jurisdiction of the United States.
Upon introducing the provisions which eventually became 18
U.S.C. 242, its sponsor, Senator Stewart, explicitly stated that
the bill protects all "persons." (footnote omitted) He noted
that the bill "simply extends to foreigners, not citizens, the
protection of our laws." (footnote omitted) (emphasis added)
He added:
This bill extends the equal protection of the laws to
aliens, so that all persons who are in the United States shall
have the equal protection of our laws. It extends the operations
of the civil rights bill . . . to all persons within the
jurisdiction of the United States. (italics in original)
United States v. Otherson, 480 F.Supp. 1369, 1370-1373 (1979)
"The only absolute and unqualified right of a United States citizen [a.k.a. person] is to residence within the territorial boundaries of the United States," US vs. Valentine 288 F. Supp. 957
Plainly spoken, RIGHTS considered to be grants from our creator are clearly different from the ´civil rights´ that were/are granted by Congress to its own brand of franchised citizen in the 14th Amendment.
See and study this chart.
CITE: 18 USC Sec. 911
EXPCITE: TITLE 18 - CRIMES AND CRIMINAL PROCEDURE, PART I - CRIMES, CHAPTER 43 - FALSE PERSONATION
HEAD: Sec. 911. Citizen of the United States
STATUTE: Whoever falsely and willfully represents himself to be a citizen of the United States shall be fined under this title or imprisoned not more than three years, or both.
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See,
juridical persons
See,
Legal personality
See, The Code of Canon Law (1983), TITLE VI:
PHYSICAL AND JURIDICAL PERSONS
See,
INTER-AMERICAN CONVENTION ON PERSONALITY AND CAPACITY OF JURIDICAL
PERSONS IN PRIVATE INTERNATIONAL LAW
Legal writing words of art to be aware of:
Includes - style of legal writing follows the doctrine of inclusio unius est exclusio alterius
The inclusion of one is the exclusion of another. The certain designation of one person is an absolute exclusion of all others. This doctrine decrees that where law expressly describes particular situation to which it shall apply, an irrefutable inference must be drawn that what is omitted or excluded was intended to be omitted or excluded. As found in Black´s Law Dictionary, Sixth Edition, page 763.
The certain designation of one person is an absolute exclusion of all others. 11 Coke 58b.
Expressio Unius Est Exclusio Alterius
Latin: the expression of one thing is the exclusion of the other.
As found in A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published in the year 1856
"[I]n interpreting a statute a court should always turn to one cardinal canon before all others. . . .[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there." Connecticut Nat´l Bank v. Germain, 112 S. Ct. 1146, 1149 (1992). Indeed, "when the words of a statute are unambiguous, then, this first canon is also the last: ´judicial inquiry is complete.´" 503 U.S. 249, 254.
"Expressio unius est exclusio alterius. A maxim of statutory interpretation meaning that the expression of one thing is the exclusion of another. Burgin v. Forbes, 293 Ky. 456, 169 S.W.2d 321, 325; Newblock v. Bowles, 170 Okl. 487, 40 P.2d 1097, 1100. Mention of one thing implies exclusion of another. When certain persons or things are specified in a law, contract, or will, an intention to exclude all others from its operation may be inferred. Under this maxim, if statute specifies one exception to a general rule or assumes to specify the effects of a certain provision, other exceptions or effects are excluded."
As found in Black´s Law Dictionary, Sixth Edition, p. 581
Includes
Expressio Unius Est Exclusio Alterius
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