Requirement for Consent

hypothecations or liens created) by testators in their wills. In this way, also, most trusts are created by acts inter vivos, except in those cases in which the trustee incurs a legal as well as an equitable obligation. In short, as property is the subject of every equitable obligation, so the owner of property is the only person whose act or acts can be the means of creating an obligation in respect to that property. Moreover, the owner of property can create an obligation in respect to it in only two ways: first, by incurring the obligation himself, in which case he commonly also incurs a legal obligation; secondly, by imposing the obligation upon some

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third person; and this he does in the way just explained.

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[Readings on the History and System of the Common Law, Second Edition, Roscoe Pound, 1925, p. 543]

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The U.S. Supreme Court describes the above process as follows: 9

“ When Sir Matthew Hale, and the sages of the law in his day, spoke of property as affected by a public interest, and ceasing from that cause to be juris privati solely, that is, ceasing to be held merely in private

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right, they referred to

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[1] property dedicated [DONATED] by the owner to public uses, or

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[2] to property the use of which was granted by the government [e.g. Social Security Card], or

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[3] in connection with which special privileges were conferred [licenses].

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Unless the property was thus dedicated [by one of the above three mechanisms], or some right bestowed by the government was held with the property, either by specific grant or by prescription of so long a time as to imply a grant originally, the property was not affected by any public interest so as to be taken out of the

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category of property held in private right. ” [Munn v. Illinois, 94 U.S. 113, 139-140 (1876)]

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The “title of the donee” that Roscoe Pound is referring to above, in the case of government franchises, for instance, is 21 “taxpayer” and or “citizen”. The following maxims of law implement the above principle of equity: 22

Cujus est commodum ejus debet esse incommodum.

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He who receives the benefit should also bear the disadvantage.

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Que sentit commodum, sentire debet et onus.

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He who derives a benefit from a thing, ought to feel the disadvantages attending it. 2 Bouv. Inst. n. 1433.

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[Bouvier’s Maxims of Law, 1856;

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SOURCE: http://famguardian.org/Publications/BouvierMaximsOfLaw/BouviersMaxims.htm]

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The principle that borrowing someone else’s property makes the borrower the servant of the lender is also biblical in origin. 30 Keep in mind that the thing borrowed need NOT be “money” and can be ANY KIND OF PROPERTY, from a legal 31 perspective: 32

“The rich rules over the poor,

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And the borrower is servant to the lender .”

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[Prov. 22:7, Bible, NKJV]

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What kind of government property can be LOANED to you that might impose an obligation upon you as the “donee”? 36 How about any of the following, all of which are treated as GOVERNMENT property and not PRIVATE property. Receipt 37 or use of any of the following types of property creates a prima facie presumption that you are a public officer “donee” 38 exercising agency on behalf of the government, which agency is the other half of the mutual “consideration” involved in the 39 implied contract regulating the use of the property: 40 1. Any kind of “status” you claim to which legal rights attach under a franchise. Remember: All “rights” are property”! 41 These types of rights are called “public rights” by the courts. This includes: 42 1.1. “taxpayer” (Internal Revenue Code “trade or business” franchise). 43 1.2. “citizen” or “resident” (civil law protection franchise). 44 1.3. “driver” (Vehicle Code of your state). 45 1.4. “spouse” (Family Code of your state, which is a voluntary franchise). 46 2. A Social Security Card. 20 C.F.R. §422.103(d) says the card and the number belong to the U.S. government. 47 3. A “Taxpayer Identification Number” (TIN) issued under the authority of 26 U.S.C. §6109. All “taxpayers” are public 48 officers in the U.S. government. Per 26 C.F.R. §301.6109-1, use of the number provides prima facie evidence that the 49 user is engaged in official government business called a “trade or business”, which is defined in 26 U.S.C. 50 §7701(a)(26) as “the functions of a public office” (in the U.S. and not state government). 51

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Copyright Sovereignty Education and Defense Ministry, http://sedm.org Form 05.003, Rev. 7-23-2013

EXHIBIT:________