Simply put, it’s all about Contract and Commerce – Law Merchant – UCC – Bills of Exchange – Negotiable Instruments to be exact and nothing to do with “statutory law” and everything to do with commercial paper.
“The law merchant is, in fact, “an independent parallel system of law; like equity or admiralty. … The king’s courts administered not local custom, nor even the custom of the realm, but rules applied in commercial causes in all countries. … The Negotiable Instruments Law, however, expressly adopts the law merchant, not the rules of the common law, as to matters not covered therein, and this court is required to take judicial notice thereof.” [Bank of Conway v. Stary, 200 N.W. 505 (1924]
And, you can learn to apply this to bypass statutory rules and to settle your debts.
Read further below on what the Law Merchant is and where it comes from;
How you endorse the commercial paper addressed to your NAME (strawman) determines whether you are free or imprisoned; and or with/without debt; this page will be regularly updated over the coming months and eventually a SA Manual.
What is your STRAWMAN? The slavery of our time by Bibi Bacchus
Bibi is an expert on Bills of Exchange and UCC – Uniform Commercial Code; it is strongly recommended to watch as many of her videos as you can find to get the background behind all this.
Breaking down the control of the Crown with Bibi Bacchus and Dean Henderson
Joe’s Hamburger Shop
Download and read a layman’s view of this story:
Adapted for South Africa from a post by anna von reitz:
Johan Joubert is our South African pioneer; sadly he passed over in January 2011 but we managed to find some of his videos and met a few people who have used his processes;
How to Settle RSA Inc. Debts
Kindly note that this process is not to be used:
- To settle bills from other people – ONLY from registered companies or service providers.
- To try monetize a bill; one can get 25 years for using this process incorrectly.
No Disclaimer: there is no disclaimer because each one of us is responsible for our own actions and how we use educational material. Each one is wise enough to follow their own counsel. The choice is yours and yours alone. In peace.
The certificate of live birth is a bond; it’s a social contract according to the ancient Babylonian system of pledging; your parents pledged the sweat of your labour for benefits and services provided by government. This bond is held in the South African Reserve Bank.
An ESTATE Trust then gets registered a few days afterwards in your NAME in ALL CAPITAL LETTERS aka “STRAWMAN” and the account number is your identity number. The Estate Trust/Contract Trust account is held in the National Revenue Fund and is administrated by the National Treasury. The minister of finance is the fiduciary responsible to act prudently and in your best interest…
Now, because you fail to claim the Estate Trust it gets converted to a Cestui Que Trust and the government (who works for the Temple Crown)then declares you “lost at sea” and claims legal title to it and uses it as an asset on their books to make loans from the IMF etc. After all, they issued the birth certificate and they registered the Trust so it is their property. And, they have your implied consent – you applied for an identity document and you are using it in commerce without complaining..
Now, COURTS OF SOUTH AFRICA are only commercial courts, nisi prius contract courts. Their only business is contracts between legal fictions under international sea jurisdiction; period. According to their commercial rules there must always be a remedy in commerce. Maxim: For every legal right the law provides a remedy.
The Bills of Exchange Amendment Act 56 of 2000 provides the remedy to discharge any debts levied against commercial accounts such as the Trust. Any corporate utility bill for services such as electricity, rates and taxes traffic fines, loans and even court orders are in fact known as bills of exchange.
In a lawful government you would be taught how to discharge the debts from the Trust account by simply endorsing the bill and sending it to the clearing agent at the National Treasury. There is no need to pay out of your pocket.
Bills of Exchange are the most commonly used payment system. It is a precise system of exchange so there is no grey area. How it works is the issuer presents you with the ORIGINAL bill, you endorse it like a cheque and send it on to the Treasury. The Treasury then credits the account of the issuer on the bill. As simple as that.
The truth is that there is a mass scale paper fraud happening right under our noses. Government departments are selling the original bills via back door clearing houses and getting paid for services provided to you and then they have the cheek to turn around and charge you on top of that out of your pocket THIS IS FRAUD. They are double-dipping We live in a pre-paid system. Everything is literally pre-paid.
And, the other major fraud is claiming it from your private money of account which cannot settle a debt created by money of exchange. Money of Exchange is one type of money and Money of Account, which we use on a daily basis, is another type of money. Two different types of money; and, money of account does not contract the debt created by money of exchange. And, they know it but, their greed has no end.
Ask yourself, when last have you received an ORIGINAL Tax Invoice from Eskom, Municipality, SANRAL or Traffic Department? When last have you seen an original court order? Then where are the original bills going? This is clear proof of the mass scale paper fraud. We rest our case your dishonour.
This is how Zuma financed Inkandla – FNB issued him with the bill, he endorsed it and sent it to Pravin Gordhan who then settled it from the National Revenue Fund. The fact that joe public does not get taught this is further proof of the complicity of government to rob us. Do you get it now?
The sad news is that money of exchange racketeering fraud is one of the key factors that bankrupted our trusts and RSA Inc. The banksters, courts, government and their foreign masters are to blame for this. Think about this for a minute – the National Credit Act of 2005 is written by the IMF. Social security is paid for by the IMF. What does that tell you? Are we under administration?
So, this is why another reason why we are doing the emancipation process is to indemnify us from any claims when RSA Inc. defaults in its payments to the UN/IMF.
The good news is that we the people are the only one with clean hands in this bankruptcy and we are also the creditors and priority claimants. Only we the people can save our country.
Indorsing a Bill
The indorsement is simple but exact; if, there is anything stapled to the front of the bill, leave it attached. Download and print the indorsement and file it and keep it handy when indorsing bills:
Make 2 certified copies of all documents as evidence that you have settled the claim.
Power of Attorney
If, you are helping or representing someone, especially in court, then make sure they give you power of attorney. But, in this process you are pinning it on the Advocate.
Notice How To Deal With Attorneys
When you receive a demand from an attorney then send him or her a Notice of Settlement. Don’t argue anything! Just accept it for value. It’s just a commercial claim and you have commercial remedy.
If, the attorney laughs at you then send it again and cc in the chief justice and or registrar of the local High Court. Don’t argue. It won’t be long before he lets you know when the bill is ready for collection from their offices.
From the moment the bill is ready you have 5 days to effect payment so don’t dilly dally; go collect the bill asap; when home download, complete and print your Cover Letter, Notice of Acceptance, Proof of Delivery and also print the Indorsement:
Indorse the Bill, Order or Writ from the attorney; make sure it is listed in the Cover Letter;
Now, go to a Notary Public to have it all notarized; to find your nearest notary go to https://public-notary.co.za
Make 3 sets of certified copies then go and deliver it back to the attorneys;
Print 1 copy of the Proof of Delivery; the Attorneys must complete sign and stamp it and give it back to you; it is your record; once delivery is complete there is no more liability on you.
Also scan and email it to the attorneys and cc in the Chief Justice and Registrar of your High Court;
In 5 days from delivery payment to the claimants must have been effected so follow up;
send the Attorneys an email asking them if payment has been effected? And, if not why not?
They must give you reasons otherwise you reserve the right to file a Notarial Protest or Protest of Bill which is a “Notice of Dishonour”; the Notary can assist you with the Notarial Protest of Bill (see bottom of this page)
How To Deal With A Financial Services Provider
If a financial services provider harasses you for payment.
How To Deal With A Court Summons
Johan Joubert our South African pioneer laid the groundwork for how to deal with bills of exchange. Now, even a summons is a bill of exchange and one can do it in such a way that one does not even have to appear in court. Fancy that.
It is unfortunately in Afrikaans but, this is the process as explained by him:
Here is the cover letter; download, complete in blue, print in blue, sign in red:
Here is the Court Summons Response that goes under the cover letter; download, complete, print in black, sign in black;
The Summons is attached as an Annexure and endorsed as follows:
When these bad Actors in the fake COURTS OF SA act against you, the “Judge” who is in fact acting as an Executive Administrator, is required to have the Bill in question sitting on the bench in front of him or her.
You ask to see the Bill in open court. If the Judge has no Bill it means that the Prosecutor was just “fishing” and didn’t provide the Bill and Replevin Bond required.
From Black’s Law Dictionary 4th Edition:
A bond executed to indemnify the officer who executed a writ of replevin and to indemnify the
defendant or person from whose custody the property was taken for such damages as he may sustain. Imel v. Van Deren, 8 Colo. 90, 5 P. 803.
If they don’t instantly produce the Bill, you say, “I wish for this case contract to be dismissed with prejudice and the proceedings to be eliminated from the record and for the Prosecutor to pay me three times damages for my harm suffered and inconvenience.”
They have to dismiss for failure to Show Cause and the Prosecutor has to take out his cheque book and pay you on the spot. If he fails to do so, he is in Dishonour and you can ask the Bailiff to arrest him for Gross Negligence and Fraud Upon the Court.
If they do produce the Bill, you simply indorse the bill. See Indorsing a Bill above.
And hand it back to the Prosecutor. Be aware that you are making an insurance claim for the full face value of whatever it is that they have attempted to charge against your birth certificate bond held in SARB. If, you have a copy of the original CERTIFICATE OF LIVE BIRTH you will see a 6 digit number at the top in red. If, you take that number to SARB and fill in the forms they will give you the details and value of the bond. Please report back what you find.
This raises another point that offers another way for people to fend off the “offers” of these courts and their officers. They are using your bond to bring their charges, a fact that you can flip on its head and use to your advantage simply by bringing recorded Witness Testimony identifying you in a colour photo as the man or woman born in such and such a place to such and such a family – and your Birth Certificate. The BC is your bond and their warehouse receipt showing that one of their franchises is holding your bond.
“Your Honour, my bond is being used to fund these proceedings. I wish to subrogate the case contract, eliminate the record, and dismiss the charges with prejudice.”
You are basically telling the Judge that he or she cannot use your own money and authority to prosecute you.
Both of these are commercial remedies owed to you and these are commercial courts you are being forced to deal with. They are here on your shores as foreign vessels in dry-dock. The Bar Attorneys are operating as Shipping and Transfer Clerks. And they are all engaged in racketeering and personage under color of law – shipping your assets “home” to their crown bosses in Europe.
This criminality which stems from the courts and the officers of the courts themselves is hard to recognize and once recognized is hard to ignore because these entities and officials are supposed to represent the forces of law and order.
It is anti-intuitive for people to see them as gangs of racketeers operating under color of law and employing mercenaries under color of law like the “SAPS” and “SHERIFFS” to do their dirty work, but such are the facts and the circumstances.
Trillions of dollars have been looted from our shores by these Bad Actors and we all continue to endure the ravages of the Bar Associations and their members – crime syndicates that should be internationally suppressed and outlawed.
Do what you can to protect yourselves. Get your own paperwork corrected and recorded so that you have admissible evidence ready to go and available to stand in your behalf. Become familiar with the rationale under which these “courts” are operating and the sea jurisdiction they are operating in.
Don’t go in there arguing about Law and Fact or the Constitution – which is all irrelevant to them. These are foreign Bill Collectors seeking to collect money from the franchises of bankrupt commercial corporations: And, that is YOU.
Johan Joubert Videos
From an overdraft to a draft part 1
From an overdraft to a draft part 1a
Where do I begin Part 1
Where do I begin Part 2
Where do I begin Part 3
Where do I begin Part 4
Distress in banks Style of deception (Afrikaans) part1
Distress in banks Style of deception (Afrikaans) part2
Bespreking oor Maxims (Afrikaans)
What’s the difference between an invoice and a bill?
An invoice and a bill convey the same information about the amount owed as part of a business transaction, but an invoice is generated by the business providing a service, and the customer receiving the invoice records it as a bill to be paid.
This example illustrates how the terms invoice and bill are used differently in accounting:
A business sends an invoice to a customer → The customer receives it as a bill → The customer pays the amount owing → The business issues a receipt as proof of the payment
South African Law Commission – Project 50
This is one of those documents they did not want you to know about…
600 pages of proof that all of this is in fact true…
Investigation into the Payments System in South African Law
Why we can’t use an A4V process
The A4V process is buried in the Bills of Exchange Acts and elsewhere as “Public Policy” remedy for the swindles and unlawful conversion of our assets with the Gold Conference of 1919, 1930, 1980s and in the 1992-6 re-organization bankruptcy and again in 2015.
And, so this process is available for those wanting to continue as debt slaves. The Bills of Exchange Amendment Act 56 of 2000 even makes special provision for it.
But, those of us who emancipated ourselves and did the long swim to freedom back to the land after being lost at sea, placed our “vessels” back on the land jurisdiction and are no longer eligible for that. The whole point of our action is to avoid bankruptcy and to properly, explicitly define our “vessels” – our NAMES – as private vessels engaged in international trade – not commerce.
Bankruptcy is a “privilege” only available to incorporated entities (franchises) engaged in commerce, so once you redefine your vessels as private vessels and you move them to a permanent domicile in a different jurisdiction, you are no longer eligible for or in need of bankruptcy protection.
It is pretty obvious that:
(1) it is illegal to present claims against a bankrupt entity once the bankruptcy has been discharged;
(2) it is also illegal to claim bankruptcy protection if you aren’t eligible for bankruptcy protection; and
(3) it is dishonest to claim remedy for a bankruptcy if you aren’t subject to a bankruptcy.
So for all those reasons people who are not RSA Inc. Employees or Dependents to steer clear of A4V processes and TDA’s (Treasury Direct Accounts). It’s possible that at some point in the future everyone including those who claim back their original birth-right political status will get restitution via an organized pay-out system but, until that is explicitly understood and put in writing and admitted to by the Federal government – SARB, SARS and the National Treasury – we have to assume that it is a Federal program for Federal employees and dependents – and those of us who aren’t actually Federal employees and dependents and who have taken action to recoup our birthright political status – are not eligible by definition.
Just like we aren’t really eligible to join Social Security and aren’t really eligible to be “taxpayers”. You can trespass into their system and be granted Dual Citizenship, if you want to, but 100% of the time, it is never to your advantage if you do. You are always giving up something far more valuable than anything you get in return.
Not A4V (Accepted for Value)
For those who are aware of what “Accepted for Value” means which comes from the Uniform Commercial Code — UCC Article 1, 8 and 9, but this is not an A4V process, it is in fact an insurance claim. That is why the endorsement on the bill is “Accepted by Drawee” and not “Accepted for Value”.
It looks like an A4V process, but it is in fact an insurance claim process
Also read the Bills of Exchange Amendment Act 56 of 2000.
The emancipation documents are all self-explanatory. The only thing “tricky” about it is that we are not expatriating any living man or woman. We are expatriating corporations that were created and named after us – these corporations are popularly known as “STRAWMEN”.
The most important thing you need to know about your 3 “primary derivatives” that function as STRAWMEN is that they are all criminals as far as the Territorial Government is concerned, and they are all fugitives from justice subject to arrest and prosecution under commercial law.
In fact, all crimes under the federal code are defined as commercial crimes. They don’t address you, the living man or woman, at all. They address only your pre-judged and pre-sentenced STRAWMEN. Since the STRAWMEN are guilty by definition there is really no need for a trial or a jury; the Judge can simply pass sentence and collect money or impose jail time.
Legal Definition of: MEN OF STRAW. Men who used in former days to ply about courts of law, so called from their manner of making known their occupation, (i. e., by a straw in one of their shoes,) recognized by the name of “straw-shoes.” An advocate or lawyer who wanted a convenient witness knew by these signs where to meet with one, and the colloquy between the parties was brief. “Don’t you remember?” said the advocate; to which the ready answer was, “To be sure I do.” “Then come into court and swear it?’ And straw-shoes went into court and swore. Athens abounded in straw-shoes. Quart. Rev. vol. 33, p. 344. [Black’s Law Dictionary 4th Edition, 1968-71]
The first STRAWMAN is a Cestui Que Vie ESTATE trust that is created to contain your assets. This is the one resulting in a Birth Certificate. This is the one that you are supposed to “endorse” and “return” to the Secretary of the Treasury – the Minister of Finance; but, because the strawmen are now bankrupt we are skipping that step and instead indemnifying ourselves against any claims against the bankrupt RSA Inc.
Now, the government officials are accountable for the debts they have made “in your name”. They now hold the Fiduciary Responsibility for the entities they created and the debts against you; and, debt claims will need to be made from the treasury or master of the high court, not you. It’s not my monkey, your honour.
This creates a settlement date when you leave the debts and the crimes of the Municipally-owned and operated STRAWMEN behind and re-flag your VESSELS as State Nationals operating under the Public Law of your State.
The criminally mismanaged entities and their debts as of the day you emancipated is now their responsibility. You have reflagged all such “VESSELS” associated with you, and declared their permanent domicile to be on the land and soil of your State. This then removes any legal presumptions and leaves the government responsible for the debts and wrong-doing of the STRAWMEN they have created and operated “in your name” and it provides you with a clean slate and legitimate claim to be operating all your business affairs under the Public Law of your State.
Neither the Territorial Government nor the Municipal Government can now continue to treat your NAME(S) the same way or under the same legal presumptions. You have returned their Municipal PERSON(S) to them, and now operate exclusively as State Nationals.
You have now used their own system against them. They created these THINGS
“in your name” and used them to hypothecate debt against you and your assets. Now you have officially returned their property to them and made them responsible for the debts accrued, while establishing your own newly refurbished State entities, which look identical, but which are functioning under the Public Law of your State.
Accepted For Value – A4V Explained
Because of the bankruptcies and reorganizations over the last number of years, what worked then does not work anymore; the processes we were engaged in then won’t work now. And, the remedy for those emancipated is different to those who have not.
You can’t present “Accepted For Value” offers to bankrupt entities for the simple reason that they have no available credit at their disposal to exchange.
What people call an “A4V” is actually called a “Mutual Offset Credit Exchange”, in which two or more parties exchange credits: for example, you owe me R10 and I owe you R20, so we do what is called a “trade acceptance” and “trade” these credits (you could just as easily look at them as debts) and I then owe you R10 at the end of the day.
That is what an “A4V” with a government corporation is. They owe you for leases and rents and payments you made for them above and beyond services you received, and at the same time, you owe them for services you did receive. Both sides have an obligation to trade the credit they are holding against the other – my tax bill against your lease payments. Or your service fees against my bond.
But what happens when one party to this arrangement goes bankrupt? Suddenly, all bets are off, their affairs get passed off into the hands of Trustees, who must then decide which creditors get paid and which ones take the loss and in what order and for how much.
The time to get in line as a “Secured Party Creditor” was ten years ago; so, the time to do A4V transactions also ended. Now, because REPUBLIC OF SOUTH AFRICA is registered in Washington DC and a “Division” of The United States if the U.S. gets liquidated then so does the Republic of South Africa.
Our next step is to bring forward the Principal Priority Creditor Status and Claim of the South African Republics and States and People, to own and control their own assets.
The next step is to create and lodge an Indemnity Bond with the National Treasury, which is essentially an insurance policy for the States and People against loss and damage. Soon, you will have an indemnity bond number to use in the endorsement.
This means that when they drag you into the COURTS OF SOUTH AFRICA and attempt to seize upon your home or otherwise bill you for public debts owed by the foreign FRANCHISES, you can continue to charge those bills off against their underwriters – BUT, this is not an “Accepted for Value” nor is it an exchange of any kind. It’s a private insurance claim, which only superficially resembles an “A4V” because it discharges against a pre-existing Treasury Account and requires your signature.
When the foreign governmental services corporations that you have mistaken to be your lawful government created all these franchise PERSONS to enrich themselves, they did so under the obligation of causing you no harm. In far, far too many cases that is precisely what the existence of these PERSONS has done. They have been used as a means to defraud South Africans and steal their property by trespass with force and fraud. These are paid racketeers operating under color of law as “POLICE” or “SHERIFFS” for example – and have evicted thousands of South Africans from their homes under false pretences, in order to “take title” to the properties and resell them for their own profit.
These crimes are diabolical and we have had a hard time prosecuting it precisely because what appear to be (but aren’t really) law enforcement personnel have been used to carry out the racketeering activities. That is what is meant by “color of law”.
There are no easy answers and confusion still abounds.
—Bill of exchange. A written order from A. to B., directing B. to pay to C. a certain sum of money therein named. Byles, Bills, 1. An open ( that is, unsealed) letter addressed by one person to another directing him, in effect, to pay, absolutely and at all events, a certain sum of money therein named, to a third person, or to any other to whom that third person may order it to be paid, or it may be payable to bearer or to the drawer himself. 1 Daniel, Neg.Inst. 27.
An unconditional order in writing addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to order or to bearer. Clayton Town-Site Co. v. Clayton Drug Co., 147 P. 460, 20 N.M. 185; Smythe v. Sanders, 101 So. 435, 436, 136 Misc. 382; Sometimes called a “trade acceptance.” Jones v. Revere Preserving Co., 247 Mass. 225, 142 N.E. 70, 71.
A “check” differs from a “bill of exchange” in that it is always drawn on a deposit whereas a bill is not. Wilson v. Buchenau, D.C.Cal., 43 F.Supp. 272, 275.
A Worthy Question— A Name or a Name? – Anna von Reitz
Names in the form: John Mark Doe have to function both on the land and at sea.
On the land they are Trade Names. At sea they are Foreign Situs Trusts. You can’t tell the difference between land jurisdiction Trade Names and sea jurisdiction Foreign Situs Trusts just by looking at them. They appear to be identical.
That’s why FDR’s fraud scheme worked so very well.
So what the Certificate of Assumed Name does is establish the “permanent domicile” of the Name on the land and soil of whichever state, and then goes on to claim the Name in Maritime and Admiralty jurisdictions, too. In those jurisdictions the Name (Admiralty) and the NAME (Maritime) represent corporate and incorporated entities, respectively.
On the land the Name is unincorporated, in Admiralty it is corporate, and in Maritime it is incorporated.
This is the difference between Anna (unincorporated being/ “natural person”), The Anna Company (private company), and Anna, Inc. (corporation).
Visually it looks like this: Anna Maria Riezinger (Trade Name on the land), Anna Maria Riezinger (Foreign Situs Trust on the High Seas), and ANNA MARIA RIEZINGER (incorporated Cestui Que Vie Trust in commerce)…
It will be well-worth your while to study this little discussion and discern the necessity of figuring out the jurisdiction at any given time—and clearly stating the jurisdiction. It’s easy to tell the difference between “Anna Maria Riezinger” and “ANNA MARIA RIEZINGER” —- but you have to define whether that “Anna Maria Riezinger” is standing on the land or floating on the High Seas, because in that case, we could be referencing the Trade Name of a living woman standing on dry land, or we could be referencing a Foreign Situs Trust belonging to a private company operating on the High Seas.
In the Certificate of Assumed Name we are specifically and purposefully addressing the latter case—the Foreign Situs Trust(s) named after the original land jurisdiction Trade Name, and then we go on to address the derivative Municipal corporation franchises dba ANNA MARIA RIEZINGER, ANNA M. RIEZINGER, RIEZINGER, ANNA M. and so on. If you don’t put in your claim for “The Anna Company” version Name and claim the Foreign Situs Trust on the High Seas, you have no standing in their courts and they can “administer” your “Foreign Situs Trust” however they please. Preventing that and retaining control over your name and placing it in proper ownership and character as belonging to an American civilian is the whole reason behind the Certificate of Assumed Name.
More on Bills of Exchange
Presentment of Bill: If you have listened to Robert-Arthur: Menard’s interview Bursting Bubbles, you will know all about the Bills of exchange act. By not accepting the original Bill of Exchange (the traffic fine/bank loan/court order) you go into dishonour and this is why they have power over you. Here is a piece about dishonour from the Bills of Exchange Act: Bill of Exchange Amendment Act 56 of 2000
Quote: 41 When bill is dishonoured by non-acceptance, and consequences thereof (1) A bill is dishonoured by non-acceptance if- (a) it is duly presented for acceptance, and such an acceptance as is prescribed by this Act is refused or cannot be obtained; or (b) presentment for acceptance is excused and the bill is not accepted. (2) Subject to the provisions of this Act, if a bill is dishonoured by non-acceptance, a right of recourse against the drawer and indorsers immediately accrues to the holder, and no presentment for payment is necessary. 42 Duties as to and consequences of qualified acceptance (1) The holder of a bill may refuse to take a qualified acceptance, and, if he does not obtain an unqualified acceptance, may treat the bill as dishonoured by non-acceptance. (2) If a qualified acceptance is taken and the drawer or an indorser has not expressly or impliedly authorized the holder to take a qualified acceptance, or does not subsequently assent thereto, the drawer or such indorser is discharged from his liability on the bill: Provided that the provisions of this subsection do not apply to a partial acceptance whereof due notice has been given. (3) If the drawer or an indorser of a bill receives notice of a qualified acceptance, and does not within a reasonable time express his dissent to the holder, he shall be deemed to have assented thereto. Read the stuff in bold: “If a bill is dishonoured by non-acceptance a right of recourse against the drawer and indorsers immediately accrues to the holder and no presentment of payment is necessary”. This is why you are truly double-crossed. You refused to accept the bill, now they gonna send you a notice in the post to pay or go to court. If you go to court you are in dishonour and at the courts mercy.. bad situation to be in. So what you need to do when a traffic fine/court order/warrant is presented to you is this: 1. Acknowledge that you know it is a bill of exchange 2. Offer to accept the presentment of the original bill i.e. “I am open to you presenting to me of the original”. 3. If they give the original then indorse it. If they don’t give you the original then make out a protest bill and thus you do not sign (I mean why go into dishonour??) It’s funny when you read the statutes you will always find remedy, even if it is on the last page. The following part of the Act deals with proper presentment of the bill. Quote: 91 Presentment of note for payment (1) (a) If a note is in the body of it made payable at a particular place, it must be presented for payment at that place to render the maker liable, unless the particular place mentioned is the place of business of the payee and the note remains in his hands. (b) In no other case is presentment for payment necessary in order to render the maker liable. (2) Presentment for payment is necessary to render the indorser of a note liable. (3) (a) If a note is in the body of it made payable at a particular place, presentment at that place is necessary to render an indorser liable. (b) If a place of payment is indicated by way of memorandum only, presentment at that place is necessary to render an indorser liable; provided that presentment to the maker elsewhere, if sufficient in other respects, shall be sufficient to render an indorser liable. I am interested in the bold part above; you must be presented with the bill properly in order to be made liable for it. If your signature is on the bill then that is proof that it has been properly presented to you and that fact that they STILL have the original is proof that you dishonoured the bill by not accepting it… tricky! Tricky! The thing is – with traffic fines you are never presented with the bill properly, if you are not properly presented with the bill then it stands you are not liable for it… In this case the liability of the bill falls on the traffic officer who issued it. Once the traffic officer has refused to give you the original, you then protest the fact by using a notary and sending the protest to the finance minister. Some suggestions from the act: Quote: 98 Protest when notary not accessible (1) If a dishonoured bill or note is authorized to be protested, and the services of a notary cannot be obtained at the place where the bill or note is dishonoured, any landowner or householder of the place may, in the presence of two witnesses, give a certificate, signed by them, attesting the dishonour of the bill and such certificate shall in all respects operate as if it were a formal protest of the bill. [Sub-s. (1) substituted by s. 46 of Act 56 of 2000.] 30 (2) The form set out in the First Schedule may be used with the necessary modifications for such certificate, and if so used, shall be sufficient.
Protest of Bill
FORM OF PROTEST WHICH MAY IN TERMS OF SECTION ninety-eight BE USED WHEN THE SERVICES OF A NOTARY CANNOT BE OBTAINED Know all men that I, A. B., landowner or householder of _______________________ In the district of __________________________________________________________ at the request of C.D., there being no notary available, did on the _________ day of ______________________ 20_____ at __________________________________________ demand payment or acceptance from E.F., of the bill of exchange which or a copy of which is hereto annexed, to which demand he answered (state answer, if any) wherefore I now in the presence of G.H., and J.K., do protest the said bill of exchange. A.B. ____________________________ Witnesses: G.H. ____________________________ J.K. ____________________________ N.B. – The bill ___________________________________________________________________________
Here our printable version of the protest of bill
No Disclaimer: There is no disclaimer on these pages because the reader will learn and know that each and every perception and interpretation of anything and everything we as People experience, is unique. The responsibility is our own on how we use what we are learning and becoming. Anyone reading these pages is wise enough to follow their own counsel and therefore acknowledges this by the act of reading further. The choice is yours and yours alone.
Law Merchant – Lex Mercatoria
Introduction to Law Merchant by Byron Beers