People are fed up with the Bankers, IRS, and Federal Reserve System; I was once in this same boat. I have come around and with my feet firmly on the ground, now understand and support them. Money is not evil; the one using money creates heaven or hell. Money influences, gathers and prevents but it is nothing but a representation of the value you gave to another. It is about where your heart lies and whom you serve. This has worked for many. I come in peace to provide answers.
Saturday, May 31, 2014
Marriage License & Race
One day I was visiting my aunt and cousin when her daughter, who was a freshman at the time, showed me her paper on race. As I was reading it, it made sense to me and suddenly I saw the bigger picture of marriage and the marriage license. I decided to capture the flavor of what she wrote and add more of my own knowledge about marriage, coverture, license, common law, and governmental restrictions. While one reads this, this is not about same sex marriage, while a little is mentioned but the main focus is on the old tradition of marriage. At one point I was thinking about self publication and or selling it on eBay, but lack of knowledge only allows me to put it here. Let us begin....
Thursday, December 26, 2013
CONCLUSION
The
United States, a private for profit Federal Corporation, is bankrupt and has to
pay our bills. The SUBSTANCE of the American citizenry, their real property,
wealth, assets and productivity that belongs to them, was pledged by the
government and placed at risk as the collateral for US debt, credit, and
currency for commerce to function. Under the 14th amendment and numerous
Supreme Court precedents, as well as in equity, “private property cannot be
taken or pledged for public use without just compensation” United States v.
Russell, 13 Wall, 623, 627; or due process of law. The United States cannot
pledge or risk the property and wealth of its PRIVATE CITIZENS for any
government purpose without legally providing them remedy to recover what is due
them on their risk. Courts have long ruled that to have one’s property legally
held as collateral or surety for a debt, even when one still owns it and still
has it, is to DEPRIVE him of it since it is at risk and could be lost for the
debt at any time.
“Sureties
compelled to pay debts for their Principal have been deemed entitled to
reimbursement, even without a contractual promise… And probably there are few
doctrines better established…” Pearlman v. Reliance Ins. Co., 371 U.S. 132, 1962.
Those
backing the nation’s credit and currency cannot recover what is due them by
anything drawn on Federal Reserve notes without expanding their risk and
obligation to their own selves. Any recovery payments backed by this currency
(FRNs or Federal Reserve Accounting Unit Devices; FRAUDs) would only increase
the public debt its citizens are collateral for, which an equitable REMEDY was
intended to reduce, and in equity would not satisfy anything, for there was no
longer actual money of substance to pay anybody. In other words: there is no
actual money in circulation by which debt owed from one party, to another, can
actually be repaid. Since 1933, no one has ever really been “paid” because
there has been no money of substance. Every time we spend a dollar (IOU), we
increase the national debt by that same amount. Every time we send our bills to
Treasury for the set off, we reduce the national debt by that same amount.
Federal
Reserve Publication “Public Debt, Private Asset” says the national debt is owed
to its creditors; which is you and I. We are operating under official Public
Policy set forth by the UNITED STATES when they confiscated all the lawful
money in circulation in 1933 and it became impossible to pay any debts with
publicly sanctioned money under the provision of the United States
Constitution, Article One, Section ten, Clause one. In return for the
confiscation of the lawful money, the UNITED STATES became liable to pay the
debts of the people as fiduciary creditors (agents) of the people. Since all
commercial energy in existence comes from the mental and physical powers of the
living people, and not from corporations or government, these living people are
the lenders or creditors to all of society.
Government
cannot have a binding contract on you based on the rule of valuable
consideration because everything government has came from you to begin with.
Therefore, no adhesion contract that identifies you as a public employee could
be binding upon you. They cannot prove they ever loaned us anything, this can
be proven with a Validation Of Debt, which they never will, or can, validate,
verify or answer to our satisfaction. A copy of the payments you made is NOT
validation of a debt “owed”. It does tell you how much to sue them for to get
your payments back and add that to the original amount of your credit they
borrowed when you took out a car or house “loan.” When they do not answer you
by your deadline, you default them and can present copies of those letters to
the court, and collect double or triple damages. Publicly judges and
politicians will not admit to this because of the chaos they believe will
occur, and that we probably would hang them for wasting our lives in
meaningless jobs, when they were supposed to be setting off our bills!
The
government needed to account for how much commercial energy it owed each, and
every one of us, the ultimate creditors, for our contribution. The creation of
the SSN accounts allowed the government to take our commercial energy and use
it to keep the nation's economy moving forward in the bankruptcy, while at the
same time not being guilty of fraud or theft. Therefore, the SSN is to track
our claims against the UNITED STATES. We are the creditors and they are the
debtors. Therefore, we have a pre-paid account with the UNITED STATES since we
are the creditors and it is the debtor. The CAFR accounting is the summary
results of this accounting of keeping track of the people's contributions and
earnings on those contributions and is currently estimated at 60 to 100 trillion
dollars.
Accepted
for Value applies when a demand is made for payment with implied consideration.
If there is no original wet-inked signed contract where both parties offer
consideration, then there is no demand possible, only demand w/ implied consideration,
which, according to UCC, holds inherent risk to the issuer; if the instrument
is accepted as consideration, AND returned for value, THE ISSUER IS LIABLE FOR
THE BILL. THAT is where the payment comes from.
In
the bankruptcy whoever brings a liability has to bring the remedy. Whoever
hands you a bill has to hand you the check to pay it. Write the Accepted for
Value verbiage on the statement, write a private issue Money Order on the
coupon part of the bill, and send it to Treasury to have it set off. The only
way that utility company was built is that they mortgaged (borrowed against)
our property and future labor compensation so everything since 1933 is
Pre-Paid. A true contract has “consideration” from both parties. Consideration
occurs when the bank, credit card company, whoever, has actually offered you
something and you offered to pay them back”. Of course, we know the banks,
credit card companies, whoever, do NOT actually loan us anything! They use our
signature to get funds (our own credit) from Treasury.
To deny AFV, is to
claim sins will not be forgiven, by God (In earth, as it is in Heaven, what you
bind on earth will be bound in Heaven). Given in Love to the Children of God:
my brothers, and sisters. Knock and the door will open, seek and you will find,
and ask and it will be given. Remember, If you have faith, without doubting,
not only may you do what has been done, but even if you say to this mountain,
Be taken up and put into the sea, it will be done. Matthew 21:21.
Agree with thine adversary quickly, while thou art in the
way with him; lest at any time the adversary deliver thee to the judge, and the
judge deliver thee to the officer, and thou be cast into prison. Verily I say
unto thee, Thou shalt by no means come out thence, till thou hast paid the
uttermost farthing. Matthew 5:25-26
Render unto Caesar what is Caesar’s. How was that
determined? The coin, whose face is on it? The dead are on our FRN’s. The dead
use it, the dead accept it, the dead create it. Whose name is on the FRN’s?
FEDERAL RESERVE, thus if the IRS, acting in behalf of the Federal Reserve
System demands “funds”, Give it to them! Accept the demand, request, or the
pleading. Be in Honor with their laws, codes, statutes- appease the beast with
feet of clay: do not argue with the Anti-Christ- AFV it.
You can accept or reject AFV and you will be right. Why? I
cannot prove the world is round until your willing to accept the idea that it
might be and willing to understand. If you reject the idea, who am I to say you
are wrong? I will not dishonor your beliefs. I have given you facts and
information that you can check out, correct me if or where I am wrong, or ignore
it. Do words have meaning? Do words have value? If words mean nothing, then
anything goes. If words mean something, what is it?
You decide, if
“Accepted For Value” or “Accept for Value” is a valid process? Is the “Federal
Reserve Note” (FRN) real money? Are the Federal Reserve System and the
democracy considered false-coiners? If you say no, you are right, after all,
why would I argue with you? You are creator of fictions. A fiction is a
non-truth, which could be a lie if it were to deceive you. If you believe it
was designed to deceive, then consider, who is the father of lies? I would then
have to say, I see it differently. If you put God first, then all these things
will be added to you.
God
can touch Man, and Man can reach out to God. Man can never touch a corporation,
nor can any corporation reach out to Man; it is an artificial entity, a
fiction, a name we call a thing, soulless, lifeless, emotionless, and
thoughtless. It needs actors and puppeteers, it is only business. The art of
business is to benefit man, a vehicle to help others in a group setting. Man
needs to give, to live. Corporations only express their masters desires. May
they be deserving desires, it all depends on their masters.
In the name of the King, of the Kingdom of
Heaven, it is done.
SINFUL
Accept For Vale has
its roots as old as man. How did one use to settle sins? They used goats, by
placing their hands upon the animal and passed their debts onto, or into the
goat, and set it free, or slit its throat. By
our acceptance, and by our hand we charge the vehicle to settle our debts.
Is this not what we do for the “Accept for Value”, as an allege Christian? How
have people claimed to have healed the sick, pass on blessings, pass on sins,
give first born rights, perform marriages, pray, cast spells, build, farm or
many other things, it is all done by hand(s). Hands are a source of passion,
strength, creation, and spirituality. It is by our own hands that we give
value, accept gifts, present gifts: hands have power. There is the doctrine of
clean hands, or doctrine of unclean hands. We greet, hug, fight, salute, talk,
and a lot more, by our hands, it is our energy.
UCC § 4-213:
(a) With respect to settlement by a bank, the medium and time of
settlement may be prescribed by Federal Reserve regulations or circulars,
clearing-house rules, and the like, or agreement. In the absence of such
prescription:
(1) the medium of settlement is cash or credit to an account in a
Federal Reserve bank of or specified by the person to receive settlement; and
(2) the time of settlement, is: (ii) with respect to tender of settlement by
credit in an account in a Federal Reserve Bank, when the credit is made;
(d) If settlement for an
item is made by giving authority to charge the account of the bank giving settlement in the bank receiving settlement, settlement is final when the charge is made by the bank receiving settlement if there are funds available
in the account for the amount of the item.
It is not by payment,
it is by settlement, funds are released or converted. The recovery
remedy is maintained in law because it has to be to satisfy equity to its prime
creditors. Nevertheless, at this late time, the United States is neither
expecting nor intending it to be generally accessed by those in responsibility
will not deny or dishonor it, or an instrument of discharge properly submitted
for that purpose. (No agency has ever
returned my “Accepted for Value” presentments back to me as “refused”.)
TENDER
UCC § 3-302(a): “Subject to
subsection (c) and Section 3-106(d), “holder
in due course” means the holder of an instrument.”
UCC § 4-211: “For purposes of determining its status as a holder in due course, a bank has given value to the
extent it has a security interest in an item, if the bank otherwise
complies with the requirements of Section 3-302 on what constitutes a holder in due course”. (We are banks).
UCC § 3-203(c): “Unless otherwise agreed, if an instrument
is transferred for value and the transferee does not become a holder because of
lack of indorsement
by the transferor, the transferee has a specifically enforceable right to the
unqualified indorsement of the transferor, but negotiation of the instrument does not occur until
the indorsement is made”.
UCC§ 4-210:
(a) A collecting bank has a security interest in an item and any
accompanying documents or the proceeds of either:
(2) in case of an item for which it
has given credit available for withdrawal as of right, to the extent of the
credit given, whether or not the credit is drawn upon or there is a
right of charge-back…
(c) Receipt by a collecting bank of a final settlement for an
item is a realization on its security interest in the item, accompanying
documents, and proceeds. So long as the bank does not receive final settlement
for the item or give up possession of the item or possession or control of the
accompanying documents for purposes other than collection, the security
interest continues to that extent and is subject to Article 9 (Secured
Transactions)…
UCC § 3-303:
(a) An instrument is issued or
transferred for value if:
(1) the instrument is issued or transferred for a promise of
performance, to the extent the promise has been performed;
(3) the instrument is issued or
transferred as payment of, or as security for, an antecedent claim against
any person, whether or not the claim is due;
(4) the instrument is issued or transferred in exchange for a
negotiable instrument; or
(5) the instrument is issued or transferred in exchange for the
incurring of an irrevocable obligation to a third party by the person taking
the instrument.
(b) “Consideration”
means any consideration sufficient to support a simple contract. The
drawer or maker of an instrument has a defense if the instrument is issued
without consideration. If an instrument is issued for a promise of performance,
the issuer has a defense to the extent performance of the promise is due and
the promise has not been performed. If an instrument is issued for value
as stated in subsection (a), the instrument is also issued for consideration.
TITLE 12 § 371b–2 (c) (1) For purposes of subsection (b) of
this section, an insured depository institution’s “exposure” to another
depository institution means—
(A) all extensions of credit to the other depository institution,
regardless of name or description, including—
(i) all deposits at the other depository institution;
(ii) all purchases of securities or other assets from the other depository
institution subject to an agreement to repurchase; and
(iii) all guarantees, acceptances, or letters of credit (including
endorsements or standby letters of credit) on behalf of the other depository
institution;
(B) all purchases of or investments in securities issued by the other
depository institution;
(C) all securities issued by the other depository institution accepted as
collateral for an extension of credit to any person; and
(D) all similar transactions that the Board by regulation determines to
be exposure for purposes of this section.
UCC § 3-603. Tender Of Payment.
(a) If tender of
payment of an obligation to pay an instrument is made to a person entitled to
enforce the instrument, the effect of tender is governed by principles of law
applicable to tender of payment under a simple contract.
(b) If tender of
payment of an obligation to pay an instrument is made to a person entitled to
enforce the instrument and the tender
is refused, there is discharge, to the extent of the amount of the tender,
of the obligation of an indorser or accommodation party having a right of
recourse with respect to the obligation to which the tender relates.
(c) If tender of
payment of an amount due on an instrument is made to a person entitled to
enforce the instrument, the obligation of the obligor to pay interest after
the due date on the amount tendered is discharged. If presentment is required
with respect to an instrument and the obligor is able and ready to pay on the
due date at every place of payment stated in the instrument, the obligor is
deemed to have made tender of payment on the due date to the person entitled to
enforce the instrument.
AS OLD AS TIME
We now know that there
are laws that allow us to do this “Accepted For Value” or “Accept for Value”, as
wealth, mammon, is made up, which means poverty is a lie. Is there a biblical
reference to this Acceptance and discharge? It is all over the bible, as for
Christians, it is the foundation of its existence, and the crucifixion: “Luke
23:32 And two others, evil-doers, were taken with him to be put to death. 33
And when they came to the place which is named Golgotha, they put him on the
cross, and the evil-doers, one on the right side, and the other on the left. Luke
23:39-43 And one of the evil-doers on the cross, with bitter feeling, said to
him, Are you not the Christ? Get yourself and us out of this. But the other,
protesting, said, Have you no fear of God? for you have a part in the same
punishment, And with reason; for we have the right reward of our acts, but this
man has done nothing wrong. And he said, Jesus, keep me in mind when you come
in your kingdom. And he said to him, Truly I say to you, Today you will be with
me in Paradise.” Was this man baptized? No indication that he was. Also note they
specially mention the left and right. Where in our glorious accounting system
do we put debts? Debts go on the left side and the credits go on the right. In
the middle is the cross of accounting, or zero point. What did this man do? He “accepted
for value” his punishment and he was granted paradise. His debts / sins were
forgiven. Ever since the garden, be it fantasy, fiction or reality, it tells of
the value of not accepting your debts (actions). “Genesis 2: 9-14 And the voice
of the Lord God came to the man, saying, Where are you? And he said, Hearing
your voice in the garden I was full of fear,
because I was without clothing: and I kept myself from your eyes. And he said,
Who gave you the knowledge that you were without clothing? Have you taken of
the fruit of the tree which I said you were not to take? And the man said,
The woman whom you gave to be with me, she gave me the fruit of the tree and I
took it. And the Lord God said to the woman, What have you done? And the woman
said, I was tricked by the deceit of the snake and I took it. And the
Lord God said to the snake, Because you have done this you are cursed more than
all cattle and every beast of the field; you will go flat on the earth, and
dust will be your food all the days of your life” Did these two accept their
actions? No. They decided to
hide. One cannot be forgiven, if one
does not admit or accept. As if God did not know what happen? Did God
argue? Debate? Discuss? Challenge? On the other hand, did God accept their
answers and punish whom they blamed? God in fact did unto Adam and Eve as he
would have wanted done to him, and that is accept the words as spoken,
even if it were a lie. The snake was never asked why he did it, never given the
opportunity to blame anyone or make up a story, never had the opportunity to seek
forgiveness. What would have happen had Adam said, “It is my fault for my/our
actions, please forgive me”? Nevertheless, we spend our life judging and
blaming others for our actions. The fruit of Tree of Knowledge of Good and evil
is all about judgment. The fruit is symbolic for you reap what you sow. The
fruit of the actions, results. Knowledge is experience. Good and evil is
judgment. This earthly reality, is the result of experiencing judgment;
paradise lost, it is hell.
When God killed King David’s
son it was due to David’s own decree. He had committed adultery and murder to
get Bath-Sheba. David accepted for value his sins. Christ is often referred to,
as the son of David, for a son will be the price for the sins of others. In
addition, if we go further into the bible, does it not say “Agree with thine adversary quickly Matthew 5:25”, “Matthew
5:40 and if any man will sue thee at the law, and take away thy coat, let him
have thy cloche also”. Know that when
you disagree with another, you call him a liar or at least dishonor, this is
why it is important to countersue, rather then being a defendant, for a
defendant position is to claim the other has lied and if you cannot prove it,
you become the liar, you would be in dishonor. If I say this is black and
another says this is white, one is lying. They may in fact view it differently
then I, but this is not the claim: I see this as being white. Whom am I to say
what he understands is incorrect. Stop pointing fingers and accept for value
the way they see it. It does not mean it is true, it only means this is what
they believe. Does government lie? It is a fiction, what else can fictions do
but create fictions. A fiction is a lie. There are also other principals as
well, “do unto others as you have them do unto you, judge not least you be
judged, turn the other cheek, forgive and ye will be forgiven”. Do these
conflict with the idea of accept for value? Are they not in line with “Accepted
For Value” or “Accept for Value”? Love your neighbor as thyself, Love God with
all your heart, mind, body and sprit: how can you love, if you are calling them
a liar, or fighting with them.
COMMERCE
Concerning commerce
and the exchange of goods by the LON Book 1 Chapter X § 109: “Of exchange, and
the laws of commerce: There is another custom more modern, and of no less use
to commerce than the establishment of coin, namely exchange, or the traffic
of bankers, by means of which a merchant remits immense sums from one
end of the world to the other, at a very trifling expense, and, if he pleases,
without risk. For the same reason that sovereigns are obliged to protect
commerce, they are obliged to support this custom, by good laws, in
which every merchant, whether citizen or foreigner, may find security. In
general, it is equally the interest and the duty of every nation to have wise
and equitable commercial laws established in the country.
(49) The modern law of nations, and the
municipal law of England, as to coin, bullion, and money, will be found
collected in 1 Bla. Com 276 to 280; 4 Id. 84 to 120; 1 Chitty's Commercial Law,
583; 2 Id. 179 to 187, and statutes and decisions there collected. — C.
1. In Boizard’s Treatise on Coin, we find the
following observations: “It is worthy of remark, that, when our kings debased
the coin, they kept the circumstance a secret from the people: — witness the
ordinance of Philip de Valois in 1350, by which he ordered Tournois Doubles to
be coined 2d 5 1/3 gr. fine, which was, in fact, a debasement of the coin. In
that ordinance, addressing the officers of the mint, he says — Upon the oath by
which you are bound to the king, keep this affair as secret as you possibly
can, that neither the bankers nor others may, by your means, acquire any
knowledge of it; for if, through you, it comes to be known, you shall be
punished for the offence in such manner as shall serve as an example to
others.” — The same author quotes other similar ordinances of the same king,
and one issued by the Dauphin, who governed the kingdom as regent during the
captivity of King John, dated June 27, 1360, by virtue of which the
mint-masters, directing the officers engaged in the coinage to coin white
Deniers 1d. 12 gr. fine, at the same time expressly command them to keep this
order secret, and, “if any persons should make inquiry respecting their
standard, to maintain that they were 2d. fine.” Chap. xxix.
The kings [of France] had recourse to this
strange expedient in cases of urgent necessity; but they saw its injustice. —
The same author, speaking of the debasement of coin, or the various modes of
reducing its intrinsic value, says — “These expedients are but rarely resorted
to, because they give occasion to the exportation or melting down of the good
specie, and to the introduction and circulation of foreign coin — raise the
price of every thing — impoverish individuals — diminish the revenue, which is
paid in specie of inferior value — and sometimes put a total stop to commerce.
This truth has been so well understood in all ages, that those princes who had
recourse to one or other of these modes of debasing the coin in difficult
times, ceased to practice it the moment the necessity ceased to exist.” We
have, on this subject, an ordinance of Philip the Fair, issued in May, 1295,
which announces, that, “The king having reduced the coin both in fineness and
weight, and expecting to be obliged to make a further reduction in order to
retrieve his affairs, — but knowing himself to be, in conscience, responsible
for the injury caused to the state by such reduction, — pledges himself to the
people of his kingdom, by solemn charter, that, as soon as his affairs are
retrieved, he will restore the coin to its proper standard and value, at his
own private cost and expense, and will himself bear all the loss and waste.
And, in addition to this engagement, Dame Joan, Queen of France and Navarre,
pledges her revenues and dower for the same purpose.” Note. edit A.D. 1797.
2. In his Republic, book i, chap. x. (50) This
is a sound principle, which ought to be extended so as to deny effect to any
fraud upon a foreign nation or its subjects. But in England, a narrow and
immoral policy prevails of not noticing frauds upon the revenue of a foreign
state. Roach v. Edie, 6 Term Rep. 425; Boucher v. Lawrence, R.T. Hardw. 198;
Holman v. Johnson, Cowp. 343; James v, Catherwood, 3 Dowl. & Ryl. 190,
{Cambiooso's Ex. v. Maffet's Assignees, 2 Wash, C.C. Rep. 99.} And so far has
this narrow doctrine been carried, in disgrace of this country, that, in Smith
v. Marconnay, 2 Peake's Rep. 81, it was held, that the maker of paper in
England, knowingly made by him for the purpose of forging assignats upon the
same, to be exported to France in order to commit frauds there on other
persons, might recover damages for not accepting such paper pursuant to
contract. So a master of an English ship was even allowed to recover salvage
for bringing home his captured vessel, by deceptively inducing the enemy to
release the vessel on his giving a ransom bill, payment of which he look care
to countermand in London. 2 Dodson's R. 74”.
So restated; According
to: LON Book 1 Chapter X § 106: as referenced in, Article 1 § 8 ¶ 5, of the constitution for the United States
of America. “Money is fabricated or invented by the power or right to control
and in behalf of, on the part of, by authority of the state or any sovereign(s),
who are its surety...” Therefore, Money is meaningless, as it is made up; gold
and silver only have value because we have declared it has value. Whatever we
give value to, has value, at least to us, “Accepted For Value” or “Accept for
Value”. Congress is to punish those that have committed offenses against the
Law of Nations, Article 1 § 8 ¶ 10,
notice how this section also includes High Seas crimes, control of vessels, and
US CITIZENS are vessels.
Matthew 9-15 Our
Father which art in heaven, Hallowed be thy name. Thy kingdom come. Thy will be
done in earth, as it is in heaven.
Give us this day our daily bread. And forgive us our debts, as we forgive our
debtors. And lead us not into temptation, but deliver us from evil: For thine
is the kingdom, and the power, and the glory, forever. Amen. For if ye forgive
men their trespasses, your heavenly Father will also forgive you: But if ye
forgive not men their trespasses, neither will your Father forgive your
trespasses. Will we use gold to buy things when in Heaven? Using money is in
violation of God’s will. Yet using money is what we do to survive on earth, at
lease until the men of the governments in the earth (the dead, of which
corporations are) decide they too want to follow God. Money does not make us
good nor evil, it only is a magnifier as to who we already are. When we have
money for the sake of money or in fear of scarcity, then Money Rules. When we
have money for how we can use it to help others, then we are doing
"good" towards our fellow man. Money does nothing but demonstrates
our talents. How much Talent do you have? Can we barter? Trade? Exchange items?
Can we do this all on paper?
GIVE PERMISSION
When we create the AFV
and the money order, we are giving them permission for the Treasury department
to place our creation, i.e. AFV &
MO, under the rules of foreign coin, weights and measures, as established by
congress, Article 1, § 8: “To coin Money,
regulate the Value thereof, and of foreign Coin, and fix the Standard of
Weights and Measures”. Our creations are foreign to the Government and even
more so to the democracy; but it also foreign to everyone else, as theirs is to
everyone of us non-government employees. Therefore, once we accepted the
presentment/statement/bill for value, they are to release the funds. Their
scripture allows for this as well. Consider that funds are not money, may not
even be FRNs, or even circulating notes. Funds are define as “a sum of money saved or made available for a
particular purpose, financial resources, a large stock or supply of something,
or an organization set up for the administration and management of a monetary
fund”. UCC § 3-602: “(a) Subject to
subsection (b), an instrument is paid to the extent payment is made (i) by or
on behalf of a party obliged to pay the instrument, and (ii) to a person
entitled to enforce the instrument. To the extent of the payment, the
obligation of the party obliged to pay the instrument is discharged even though
payment is made with knowledge of a claim to the instrument under Section 3-306
by another person.”
The Treasury has an obligation (Public Trust) as a
department of government serving the public (people) interest to the bank which
as a member of the Federal Reserve System that has a commercial obligation to
an account holder and a 3rd party who tendered the item in payment to tell them
that its not any good or its not going to be honored, even if they wanted to
keep it for prosecution or investigation. This is in effect what the directive
says the government will do if its no good.
Public: • of
or concerning the people as a whole: • open to or shared by all the people of
an area or country: • ordinary people in general; the community: in public in
view of other people: • ORIGIN late Middle English: from Old French, from Latin publicus, blend of poplicus ‘of the people’ (from populus ‘people’) and pubes ‘adult.’
They do not dishonor it in any way by return of the item or
the sending of any notice to that effect, or make request for additional
information or time for examination of the instrument, or given a statement of
explanation indicating the time frame for its review and settlement if it would
be an inordinately lengthy time as longer than 60 days to finish with it. The
instruments are being kept, held, and without return or dishonor, are accepted
as an obligation of the United States in the discharge and recovery of the
public debt as it makes claim on its face to be.
Put another way: If the bank had had to pay the item to
honor its customer agreement as if it had been a check, what would or could
the bank be trying to do with it to finally settle the account? The bank needs
to treat the Instrument tendered as an obligation of the United States to the
bank. The tender of these Instruments discharge the obligation of the debt for
which they are delivered and the payee becomes the new holder in due course and
collection agent on the Instruments.
Title 31 § 3335: Timely disbursement of
Federal funds
(a) Each head of an
executive agency (other than the Tennessee Valley Authority) shall, under such
regulations as the Secretary of the Treasury shall prescribe, provide for the
timely disbursement of Federal funds through cash, checks, electronic funds
transfer, or any other means identified by the Secretary.
(b) The Secretary may
collect from any executive agency which does not comply with subsection (a) a
charge in an amount the Secretary determines to be the cost to the general fund
of the Treasury caused by such noncompliance.
(c) The amounts of
charges collected from an executive agency under this section shall be
deposited in the Treasury and credited as miscellaneous receipts.
(d) Any charge
assessed by the Secretary under this section, to the maximum extent
practicable—
(1) shall be paid out
of appropriations available for executive agency operations; and
(2)
shall not be paid from amounts available for funding programs of an executive
agency.
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