In the case of Stewart v. Wyoming Ranche Co., 128 U.S. 383, 388 (1888), 🇺🇸 to wit: Legal Maxim: ‘Aliud est tacere, aliud celare’, ~ a suppression of the truth may amount to a suggestion of falsehood.
And if, with intent to deceive, either party to a contract of sale conceals or suppresses a material fact, which he is in good faith bound to disclose, this is evidence of and equivalent to a false representation, because the concealment or suppression is, in effect, a representation that what is disclosed is the whole truth.
The gist of the action is fraudulently producing a false impression upon the mind of the other party; and, if this result is accomplished, it is unimportant whether the means of accomplishing it are words or acts of the defendant, or his concealment or suppression of material facts not equally within the knowledge or reach of the plaintiff.
NOTE: This can be used against those in positions of trust who deliberately mislead the public as the safety of vaccines 💉
And if, with intent to deceive, either party to a contract of sale conceals or suppresses a material fact, which he is in good faith bound to disclose, this is evidence of and equivalent to a false representation, because the concealment or suppression is, in effect, a representation that what is disclosed is the whole truth.
The gist of the action is fraudulently producing a false impression upon the mind of the other party; and, if this result is accomplished, it is unimportant whether the means of accomplishing it are words or acts of the defendant, or his concealment or suppression of material facts not equally within the knowledge or reach of the plaintiff.
NOTE: This can be used against those in positions of trust who deliberately mislead the public as the safety of vaccines 💉
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Jensen v. Snow, 163 A. 784, 786 Sup. Jud. Ct.Maine 1933), to wit: “No principle of law is better settled than that which requires the agent in all dealings concerning the subject-matter of his agency to act with utmost good faith and loyalty and disclose all facts within his knowledge which bear materially upon his principal’s interests.
The rule that withholding information, when good faith and honest dealing require that it shall be given, is as culpable as misrepresentation as to facts concerning which good faith and honest dealing require the truth to be spoken is fully applicable to the relation of principal and agent.
As has been said, it is fraud to deal with a party in ignorance and leave him so.
It is not necessary that the party sought to be charged should have created the false impression nor intended it.
It is sufficient that he knows it and takes advantage of it.”
Cummings Manufacturing Co. v. Smith, 113 Me. 347, 351, 93 A. 968; Barrett v. St. Ry. Co., 110 Me. 24, 29, 85 A. 306; Prentiss v. Russ, 16 Me. 30; Lapish v. Wells, 6 Me. (6 Greenl.) 175.
“Concealment with intent to defraud of facts which one is duty-bound in honesty to disclose is of the same legal effect and significance as affirmative misrepresentation of fact.”
Nasaba Corp. v. Harfred Realty Corp., 39 N.E.2d 243, 295 (Ct.App.N.Y. 1942). “Where a party is entitled to inquire of another, who is required to respond, respondent is guilty of fraud if he conceals any material fact to the inquirer’s hurt and respondent’s advantage. Sovereign Camp W.O.W. v. Boykin, 181 So. 741, 742 (Sup.Ct.Miss. 1938).
The rule that withholding information, when good faith and honest dealing require that it shall be given, is as culpable as misrepresentation as to facts concerning which good faith and honest dealing require the truth to be spoken is fully applicable to the relation of principal and agent.
As has been said, it is fraud to deal with a party in ignorance and leave him so.
It is not necessary that the party sought to be charged should have created the false impression nor intended it.
It is sufficient that he knows it and takes advantage of it.”
Cummings Manufacturing Co. v. Smith, 113 Me. 347, 351, 93 A. 968; Barrett v. St. Ry. Co., 110 Me. 24, 29, 85 A. 306; Prentiss v. Russ, 16 Me. 30; Lapish v. Wells, 6 Me. (6 Greenl.) 175.
“Concealment with intent to defraud of facts which one is duty-bound in honesty to disclose is of the same legal effect and significance as affirmative misrepresentation of fact.”
Nasaba Corp. v. Harfred Realty Corp., 39 N.E.2d 243, 295 (Ct.App.N.Y. 1942). “Where a party is entitled to inquire of another, who is required to respond, respondent is guilty of fraud if he conceals any material fact to the inquirer’s hurt and respondent’s advantage. Sovereign Camp W.O.W. v. Boykin, 181 So. 741, 742 (Sup.Ct.Miss. 1938).
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‘AFFIDAVIT of TRUTH in COMMERCE & Claim for Damages’..!
HOW… it’s DONE..!
Common Law is above the foreign, bankrupt, private de facto’s ‘STATUTORY COMMERCIAL CODE’, written by those who are not lawfully allowed to hold offices of trust…
The Crown Temple B.A.R. Attorners, lawyers, solicitor’s… are purveyors of fraud & piracy, & whatever they do is null & void on it’s face…
“US Supreme Court held that; state officials acting by ‘colour of law’ may be held personally liable for the ‘injuries or torts’ they cause & that official or sovereign immunity may not be asserted”…; Scheuer v. Rhodes, 416 US 232 (1974), 94 S. Ct. 1683, 1687 (1974).
“When a state officer acts under a state law in a manner violative of the Federal Constitution, he / she comes into conflict with the superior authority of that Constitution, & he / she is in that case, stripped of their official or representative character & is subjected in his / her person to the consequences of his / her individual conduct”..!
“The State has no power to impart to him / her any immunity from responsibility to the supreme authority of the United States.” ~ Warnock v Pecos County, Texas, 116 F. 3d 776 – No.96-50869 Summary Calendar. July 3, 1997.
“The de facto is foreclosed from parity with the tangible”…
Their ‘STATUTES & CODES’ are only the colour of law, they are NOT LAW..!
They can only control, that which they create…
They are a CORPORATION, NOT a government…!
They, (government) as TRUSTEES are all in breach of their fiduciary duty & many are guilty of HIGH TREASON..!
These public servants have taken over, so that we are their servants…
This is what happens when the general population is hoodwinked into thinking they’re supposed to be acting as U.S. citizens…
It’s the exact opposite of the truth…!!!
It’s imperative to correct that tragic, mortal error mentally and in your political status…
Many years ago, when Dick Marple was a young man, he and many others quit & resigned from the State Police because they learned they weren’t law enforcement at all, in that they were ’CODE ENFORCEMENT OFFICERS’ acting as ‘RE-VENUE’ generators for the Bankruptcy by fleecing living people as if they were DEAD entities / the legal fiction PERSONS /JOHN H. DOE’s under Colour of Law…
That is a serious crime & hangable /punishable by death..!
https://www.thelibertybeacon.com/affidavit-of-truth-in-commerce-and-claim-for-damages
HOW… it’s DONE..!
Common Law is above the foreign, bankrupt, private de facto’s ‘STATUTORY COMMERCIAL CODE’, written by those who are not lawfully allowed to hold offices of trust…
The Crown Temple B.A.R. Attorners, lawyers, solicitor’s… are purveyors of fraud & piracy, & whatever they do is null & void on it’s face…
“US Supreme Court held that; state officials acting by ‘colour of law’ may be held personally liable for the ‘injuries or torts’ they cause & that official or sovereign immunity may not be asserted”…; Scheuer v. Rhodes, 416 US 232 (1974), 94 S. Ct. 1683, 1687 (1974).
“When a state officer acts under a state law in a manner violative of the Federal Constitution, he / she comes into conflict with the superior authority of that Constitution, & he / she is in that case, stripped of their official or representative character & is subjected in his / her person to the consequences of his / her individual conduct”..!
“The State has no power to impart to him / her any immunity from responsibility to the supreme authority of the United States.” ~ Warnock v Pecos County, Texas, 116 F. 3d 776 – No.96-50869 Summary Calendar. July 3, 1997.
“The de facto is foreclosed from parity with the tangible”…
Their ‘STATUTES & CODES’ are only the colour of law, they are NOT LAW..!
They can only control, that which they create…
They are a CORPORATION, NOT a government…!
They, (government) as TRUSTEES are all in breach of their fiduciary duty & many are guilty of HIGH TREASON..!
These public servants have taken over, so that we are their servants…
This is what happens when the general population is hoodwinked into thinking they’re supposed to be acting as U.S. citizens…
It’s the exact opposite of the truth…!!!
It’s imperative to correct that tragic, mortal error mentally and in your political status…
Many years ago, when Dick Marple was a young man, he and many others quit & resigned from the State Police because they learned they weren’t law enforcement at all, in that they were ’CODE ENFORCEMENT OFFICERS’ acting as ‘RE-VENUE’ generators for the Bankruptcy by fleecing living people as if they were DEAD entities / the legal fiction PERSONS /JOHN H. DOE’s under Colour of Law…
That is a serious crime & hangable /punishable by death..!
https://www.thelibertybeacon.com/affidavit-of-truth-in-commerce-and-claim-for-damages
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‘PEACE’… “It does not mean to be in a place… where there is no noise… 📣 trouble or hard work”…😓
“It means to be in the midst of all those things and still be calm in your heart” ❤️
Very short 3 min video…
https://youtu.be/R5-HNXxc5kk
“It means to be in the midst of all those things and still be calm in your heart” ❤️
Very short 3 min video…
https://youtu.be/R5-HNXxc5kk
YouTube
The Samurai and the Fly - Hanjin Song
This video is included in Week 3 of the free online Mindfulness-Based Stress Reduction course (MBSR) by Palouse Mindfulness (http://palousemindfulness.com). See https://palousemindfulness.com/graduates/Emotional-Courage.html for more about this topic and…
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The Presumption of Public Record; (Cannon 3228 i)
Any matter brought before a lower ‘Roman Court’ (Magistrate’s) is a matter for the ‘Public Record’, when in fact it is presumed by the ‘Private Bar Guild’ as private business.
Unless this presumption is openly rebutted, by filing or stating clearly on the ‘Public Record’… that the matter is to be part of the ‘Public Record’…
The matter remains on the private side as private Bar Guild business under private Guild rules..!
Any matter brought before a lower ‘Roman Court’ (Magistrate’s) is a matter for the ‘Public Record’, when in fact it is presumed by the ‘Private Bar Guild’ as private business.
Unless this presumption is openly rebutted, by filing or stating clearly on the ‘Public Record’… that the matter is to be part of the ‘Public Record’…
The matter remains on the private side as private Bar Guild business under private Guild rules..!
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The word “include” is a ⚠️danger⚠️ word... used in “doublespeak”..!
Because not many people are aware of the ‘legal implications’... of such a word if used incorrectly..!
It defines what is included and what is excluded in a ‘legal sense’...
And if you are not aware of the nature of such words like “Include”..!
You may make a grave mistake with how you interpret a situation...
A short 30 min but very interesting & informative video... well worth watching and sharing...
Improving your ‘Grammer’... helps you to write better ‘Notice’s..!
https://youtu.be/Za1cyx0FGeQ
Because not many people are aware of the ‘legal implications’... of such a word if used incorrectly..!
It defines what is included and what is excluded in a ‘legal sense’...
And if you are not aware of the nature of such words like “Include”..!
You may make a grave mistake with how you interpret a situation...
A short 30 min but very interesting & informative video... well worth watching and sharing...
Improving your ‘Grammer’... helps you to write better ‘Notice’s..!
https://youtu.be/Za1cyx0FGeQ
YouTube
DANGER-WORD-OF-DOUBLESPEAK-INCLUDE
The word "Include" is a danger word used in "doublespeak" because not many people are aware of the legal implications with such a word if used incorrectly. It defines what is included and what is excluded in a legal sense and if you are not aware of the nature…
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Bouvier’s Maxim: “Cujus per errorem dati repetitio est, ejus consult dati donatio est.”
“Whoever pays by mistake what he does not owe, may recover it back; but he who pays, knowing he owes nothing; is presumed to give.”
“Whoever pays by mistake what he does not owe, may recover it back; but he who pays, knowing he owes nothing; is presumed to give.”
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‘DIGLOSSA’ - ‘The Grammatical Science of Deception’
Very short 7 min Video... worth watching... to increase your knowledge..!
https://youtu.be/Od4Er8CxL2M
Very short 7 min Video... worth watching... to increase your knowledge..!
https://youtu.be/Od4Er8CxL2M
💰‘HOW to LAWFULLY STOP PAYING TAX’..!💰
Always apply the principle of ‘KISS’ (Keep It Simple Stupid)..! 🤯
Very short video 6 min..!
https://youtu.be/-rzM0KzScMg
Always apply the principle of ‘KISS’ (Keep It Simple Stupid)..! 🤯
Very short video 6 min..!
https://youtu.be/-rzM0KzScMg
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Media is too big
VIEW IN TELEGRAM
ALL… ‘ATTORNEYS, LAWYERS, SOLICITORS & BARRISTERS’..!
Owe their loyalty & allegiances, too the B.A.R… (British Accreditation Registry) ‘CROWN-TEMPLE’ 🇬🇧 🇺🇸 🇨🇦 🇳🇿 🇿🇦 and NOT to their client... YOU..!
These lower-than-pond lives, scum-sucking bottom feeders, will throw YOU under the bus, the first chance they get… by submitting YOU too & under, the Jurisdiction of the ‘Admiralty Maritime Commercial Court’…
Should YOU the ‘living man or woman’… ever be summoned to appear before any court…!
DO-NOT-SEEK-REPRESENTATION..!
Present YOURSELVES as the ‘living man or woman’ thereby demonstrating to the court, that YOU are capable of handling YOUR-OWN-AFFAIRS..!
•Jurisdiction
•Vexatious Litigation
•Counter Claim
•Monetise-Capitalisation
•Hyphen all CAPITAL-LETTERS
•Three ‘Notice’s
•Bills of Exchange
•Bond
Remember to hyphen your CAPITAL-LETTERS in all of your notice’s… in order to make them grammatically correct..!
Ref: ‘Hyphen Glitch’ - ‘Justinian Deception’ by Romley Stewart on YouTube.
Short video 6 mins. Please share far & wide..!
“KNOWLEDGE is STRENGTH”..!
::PEACE:: 🐝 🌈 🕊️
Owe their loyalty & allegiances, too the B.A.R… (British Accreditation Registry) ‘CROWN-TEMPLE’ 🇬🇧 🇺🇸 🇨🇦 🇳🇿 🇿🇦 and NOT to their client... YOU..!
These lower-than-pond lives, scum-sucking bottom feeders, will throw YOU under the bus, the first chance they get… by submitting YOU too & under, the Jurisdiction of the ‘Admiralty Maritime Commercial Court’…
Should YOU the ‘living man or woman’… ever be summoned to appear before any court…!
DO-NOT-SEEK-REPRESENTATION..!
Present YOURSELVES as the ‘living man or woman’ thereby demonstrating to the court, that YOU are capable of handling YOUR-OWN-AFFAIRS..!
•Jurisdiction
•Vexatious Litigation
•Counter Claim
•Monetise-Capitalisation
•Hyphen all CAPITAL-LETTERS
•Three ‘Notice’s
•Bills of Exchange
•Bond
Remember to hyphen your CAPITAL-LETTERS in all of your notice’s… in order to make them grammatically correct..!
Ref: ‘Hyphen Glitch’ - ‘Justinian Deception’ by Romley Stewart on YouTube.
Short video 6 mins. Please share far & wide..!
“KNOWLEDGE is STRENGTH”..!
::PEACE:: 🐝 🌈 🕊️
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This is a fabulous, intuitive & very handy, free little APP..!
Helping to keep you grammatically correct... and eradicate all spelling errors..!
It can be adapted to either ‘British English’ 🇬🇧 or ‘American English’… 🇺🇸
https://apps.apple.com/gb/app/grammarly-keyboard-editor/id1158877342
Helping to keep you grammatically correct... and eradicate all spelling errors..!
It can be adapted to either ‘British English’ 🇬🇧 or ‘American English’… 🇺🇸
https://apps.apple.com/gb/app/grammarly-keyboard-editor/id1158877342
App Store
Grammarly: AI Writing Keyboard
Instantly and easily create smart, polished writing with the Grammarly Keyboard. Designed to deliver real-time writing feedback and provide AI assistance, the Grammarly Keyboard works directly in your iPhone and iPad apps, no copy and paste required.
When…
When…
‘CRASH COURSE IN CONTRACT LAW’..!
ALL LAW is Contract..!
Every Interchange between People is a Contract; All Commerce is Contract; Contract Makes the Law..!
Anything that requires your signature, or a swearing thereto; to give its application, is not law, but a contract. – Ron Branson (J.A.we.L. – Judicial Accountability Initiative Law).
At common law, these eight elements are essential to the creation of a contract:
Offer, Acceptance, Intention, sufficient & equal consideration, mental & lawful capacity to contract, the legality of purpose, genuine consent (knowingly, willingly, & voluntarily), & certainty of terms & conditions.
ALL LAW is Contract..!
Every Interchange between People is a Contract; All Commerce is Contract; Contract Makes the Law..!
Anything that requires your signature, or a swearing thereto; to give its application, is not law, but a contract. – Ron Branson (J.A.we.L. – Judicial Accountability Initiative Law).
At common law, these eight elements are essential to the creation of a contract:
Offer, Acceptance, Intention, sufficient & equal consideration, mental & lawful capacity to contract, the legality of purpose, genuine consent (knowingly, willingly, & voluntarily), & certainty of terms & conditions.
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Forwarded from The Greatest Truths Never Told
Media is too big
VIEW IN TELEGRAM
In my day, there were only three genders. Men, women & Rock Musicians..! Eh Rik... 😉
This guy articulated his feelings very well... And says what many are thinking... 🤔
Very short 2 min video. Please share far & wide..! 🤨
This guy articulated his feelings very well... And says what many are thinking... 🤔
Very short 2 min video. Please share far & wide..! 🤨
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⭐️ COUNCIL TAX ⭐️
How to STOP PAYING..!
If YOU want to (lawfully) STOP PAYING these parasitic criminals for these services (water, gas, electricity) etc... which by the way; has already been paid for YOU on YOUR behalf; by YOUR ‘Cestui Que Vie Trust’…!!!
This article covers council tax fraud: corporations, legislation, persons, personal data, the obligation to pay, Direct Debit Guarantee, debt collectors, trespassers case law, court summons, magistrates’ court, liability orders, warrants, county courts, Debt Collectors, Vulnerable Notice, police, legislation to quote to the council, the notice process, how to make a court claim under GDPR, liens, and the Herefordshire County UK 🇬🇧 Case Study.
Please read this post in its entirety which provides a tremendous amount of very useful & very informative information & subscribe to the blog for future updates.
https://awakenedgb.wordpress.com/2023/04/11/the-council-tax-fraud
How to STOP PAYING..!
If YOU want to (lawfully) STOP PAYING these parasitic criminals for these services (water, gas, electricity) etc... which by the way; has already been paid for YOU on YOUR behalf; by YOUR ‘Cestui Que Vie Trust’…!!!
This article covers council tax fraud: corporations, legislation, persons, personal data, the obligation to pay, Direct Debit Guarantee, debt collectors, trespassers case law, court summons, magistrates’ court, liability orders, warrants, county courts, Debt Collectors, Vulnerable Notice, police, legislation to quote to the council, the notice process, how to make a court claim under GDPR, liens, and the Herefordshire County UK 🇬🇧 Case Study.
Please read this post in its entirety which provides a tremendous amount of very useful & very informative information & subscribe to the blog for future updates.
https://awakenedgb.wordpress.com/2023/04/11/the-council-tax-fraud
Awakened England
The Council Tax Fraud
This post has been previously published as a PDF titled COUNCIL TAX INFORMATION V14, April 2023. Covers the council tax fraud: corporations, legislation, persons, personal data, obligation to pay, …
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If a CONTRACT does not meet four (4) legal requirements, it is VOID..!
In order to live free, WE the people, must remain eternally vigilant of these invisible CONTRACTS & avoid the presumption of their existence..!
The most significant presumptions are:
1. That you are a RESIDENT;
2. That you DEPEND upon the Government for BENEFITS;
3. That YOU are NOT RESPONSIBLE for YOUR BEHAVIOUR and furthermore;
4. That YOU NEED PROTECTION; an attorney; a financial advisor; a doctor; a fiat currency; etc etc etc…
5. That YOU ARE an officer, employee or servant of the Government…
(Protect me from the protectors)..!
All the above are FALSE PRESUMPTIONS… the existence of which, is perpetuated upon the belief that… all land & people are collateral for a debt… which supports a fraudulent monetary system..!
All are based upon the presumption that certificates of ‘birth’/ ‘title’, etc... in… COMMERCIAL LAW…
Waive OUR rights to take responsibility for OUR OWN affairs & OUR OWN BODIES, plus… life, liberty, & the property…
That WE accumulate; through trading OUR labour with others; or CREATING… from raw materials...
If… WE… DO NOT OBJECT to these presumptions … or arrange OUR affairs otherwise... We will ALWAYS be trapped in their CORRUPT SYSTEM..!
In order to live free, WE the people, must remain eternally vigilant of these invisible CONTRACTS & avoid the presumption of their existence..!
The most significant presumptions are:
1. That you are a RESIDENT;
2. That you DEPEND upon the Government for BENEFITS;
3. That YOU are NOT RESPONSIBLE for YOUR BEHAVIOUR and furthermore;
4. That YOU NEED PROTECTION; an attorney; a financial advisor; a doctor; a fiat currency; etc etc etc…
5. That YOU ARE an officer, employee or servant of the Government…
(Protect me from the protectors)..!
All the above are FALSE PRESUMPTIONS… the existence of which, is perpetuated upon the belief that… all land & people are collateral for a debt… which supports a fraudulent monetary system..!
All are based upon the presumption that certificates of ‘birth’/ ‘title’, etc... in… COMMERCIAL LAW…
Waive OUR rights to take responsibility for OUR OWN affairs & OUR OWN BODIES, plus… life, liberty, & the property…
That WE accumulate; through trading OUR labour with others; or CREATING… from raw materials...
If… WE… DO NOT OBJECT to these presumptions … or arrange OUR affairs otherwise... We will ALWAYS be trapped in their CORRUPT SYSTEM..!
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‘UTTERING’
Uttering a forged instrument e.g. - ‘birth certificate’ and or ‘title’... is the passing or making use of a forged writing or document; with knowledge of its forged nature.
Uttering is a crime usually charged in conjunction with a forgery.
“Utter” means and includes; using or dealing with, and attempting to use or deal with, and attempting to induce any man or woman to use, deal with, or act upon, the thing in question.
The uttering must have been done with intent to defraud. It is not necessary to prove an intent to defraud any particular man or woman.
Falsification of information on employment applications has also been held to involve uttering.
The elements of the crime of uttering include:- Passing or making use. This is any putting into circulation a writing or document that involves forgery.
Intent to defraud.
Knowledge of forgery -- suspicion of something unusual may satisfy this element.
This applies equally to the UK 🇬🇧 USA 🇺🇸 Canada 🇨🇦.
Uttering Law and Legal Definition.
Uttering is a crime involving a man or woman with the intent to defraud that knowingly sells, publishes or passes a forged or counterfeited document.
More specifically, forgery creates a falsified document and uttering is the act of knowingly passing on or using the forged document.
Background
In the law of countries whose legal systems derive from English common law, uttering is a crime similar to forgery. Uttering and forgery were originally common law offences, both misdemeanours.
Forgery was the creation of a forged document, with the intent to defraud; whereas uttering was merely use – the passing – of a forged document, that someone else had made, with the intent to defraud.
In law, uttering is synonymous with publication, and the distinction made between the common law offences was that forgery was the fabrication of a forged instrument (with the intent to defraud) and uttering was the publication of that instrument (with the intent to defraud).
Today: under Admiralty Maritime Jurisdiction- Statute law offences of forgery replace the common law offences, often subsuming the offence of uttering, and, where the distinction exists, forgery is usually a felony a serious crime, rather than a misdemeanour.
However: if harm, loss and or injury is sustained as a result of the ‘uttering’ it is a ‘Tort’ under ‘Common Law’… and claim for damages can be brought against the man or woman responsible..!
United Kingdom 🇬🇧 England 🏴 & Wales 🏴 and Northern Ireland: See section 36 of the Forgery Act 1861.
Scotland: 🏴
In Scotland, uttering forged writings is a crime defined as "using as genuine a fabricated writing falsely intended to pass as genuine the writing of another man or woman".
History: See section 6 of the Forgery Act 1913. Section 29(1)(i) of the Larceny Act 1916 formerly created the offence of uttering a letter or writing demanding property with menaces.
Canada: 🇨🇦
Uttering a forged document is a criminal offence in Canada, contrary to section 368 of the Criminal Code.
It is an indictable offence and is punishable with imprisonment for a term not exceeding ten years.
United States 🇺🇸
In the U.S., uttering is the act of offering a forged document to another when the offeror has knowledge that the document is forged.
Uttering does not require that the man or woman who presented the document actually forged or altered the document.
For example, forging a log for personal profit might be considered uttering and publishing. Another example would be the forging of a university diploma.
As an example of the law itself, the State of Michigan defines the offense (MCL 750.249): "Any man or woman (person) who utters and publishes as true any false, forged, altered or counterfeit record, deed, instrument or other writing specified, knowing it to be false, altered, forged, or counterfeit, with intent to injure or defraud is guilty of uttering and publishing."
Forging or illegal "publishing" of an official or unofficial document is not the essence of uttering.
Uttering a forged instrument e.g. - ‘birth certificate’ and or ‘title’... is the passing or making use of a forged writing or document; with knowledge of its forged nature.
Uttering is a crime usually charged in conjunction with a forgery.
“Utter” means and includes; using or dealing with, and attempting to use or deal with, and attempting to induce any man or woman to use, deal with, or act upon, the thing in question.
The uttering must have been done with intent to defraud. It is not necessary to prove an intent to defraud any particular man or woman.
Falsification of information on employment applications has also been held to involve uttering.
The elements of the crime of uttering include:- Passing or making use. This is any putting into circulation a writing or document that involves forgery.
Intent to defraud.
Knowledge of forgery -- suspicion of something unusual may satisfy this element.
This applies equally to the UK 🇬🇧 USA 🇺🇸 Canada 🇨🇦.
Uttering Law and Legal Definition.
Uttering is a crime involving a man or woman with the intent to defraud that knowingly sells, publishes or passes a forged or counterfeited document.
More specifically, forgery creates a falsified document and uttering is the act of knowingly passing on or using the forged document.
Background
In the law of countries whose legal systems derive from English common law, uttering is a crime similar to forgery. Uttering and forgery were originally common law offences, both misdemeanours.
Forgery was the creation of a forged document, with the intent to defraud; whereas uttering was merely use – the passing – of a forged document, that someone else had made, with the intent to defraud.
In law, uttering is synonymous with publication, and the distinction made between the common law offences was that forgery was the fabrication of a forged instrument (with the intent to defraud) and uttering was the publication of that instrument (with the intent to defraud).
Today: under Admiralty Maritime Jurisdiction- Statute law offences of forgery replace the common law offences, often subsuming the offence of uttering, and, where the distinction exists, forgery is usually a felony a serious crime, rather than a misdemeanour.
However: if harm, loss and or injury is sustained as a result of the ‘uttering’ it is a ‘Tort’ under ‘Common Law’… and claim for damages can be brought against the man or woman responsible..!
United Kingdom 🇬🇧 England 🏴 & Wales 🏴 and Northern Ireland: See section 36 of the Forgery Act 1861.
Scotland: 🏴
In Scotland, uttering forged writings is a crime defined as "using as genuine a fabricated writing falsely intended to pass as genuine the writing of another man or woman".
History: See section 6 of the Forgery Act 1913. Section 29(1)(i) of the Larceny Act 1916 formerly created the offence of uttering a letter or writing demanding property with menaces.
Canada: 🇨🇦
Uttering a forged document is a criminal offence in Canada, contrary to section 368 of the Criminal Code.
It is an indictable offence and is punishable with imprisonment for a term not exceeding ten years.
United States 🇺🇸
In the U.S., uttering is the act of offering a forged document to another when the offeror has knowledge that the document is forged.
Uttering does not require that the man or woman who presented the document actually forged or altered the document.
For example, forging a log for personal profit might be considered uttering and publishing. Another example would be the forging of a university diploma.
As an example of the law itself, the State of Michigan defines the offense (MCL 750.249): "Any man or woman (person) who utters and publishes as true any false, forged, altered or counterfeit record, deed, instrument or other writing specified, knowing it to be false, altered, forged, or counterfeit, with intent to injure or defraud is guilty of uttering and publishing."
Forging or illegal "publishing" of an official or unofficial document is not the essence of uttering.
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Crime
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Uttering is the actual presentation of forged or official documentation as one's own.
See also
See also
• Counterfeit • Deception • False document • Fraud • Forgery • Philatelic fakes and forgeriesTheFreeDictionary.com
Counterfeit
Wikipedia article about Counterfeit