NOTARY PUBLIC
The Office and Role of a Notary Public
Understanding Contract Law is probably the hardest part of gaining a proper understanding of the law.
Everything is practically governed by contract law. Her Majesty ELIZABETH THE SECOND entered a contract when she took the Coronation Oath. We entered a contract when we were born, to owe allegiance to Her, and all laws made by Her, under the Australian Constitution with the consent of parliament. She undertook to take judicial advice by Chapter III Australian Constitution Courts on whether the laws she had assented to were within Her competence to assent to.
However, notwithstanding decisions by various lawyers, that Her Majesty ELIZABETH THE SECOND is divisible, in truth She is not, and a default in respect of the Commonwealth of Australia Constitution Act 1900 and Australian Constitution, can still be charged back to Her in the United Kingdom. The role of Notary Public is to protest a Bill drawn by Her on authority granted by Her, by a Commonwealth public official against one of Her subjects in Australia and if none of her Courts here will enforce the contract, now the United Kingdom is in the European Union, there is a very good chance they will enforce it against the British Home Revenue.
There is a mountain of law in respect to Bills of Exchange, and they are all about contracts. As the comments of Blackstone below indicate, breach of Statute is breach of contract, and where a liquidated penalty is prescribed for breach of contract, it is recoverable without the need for further litigation, either against the principle who drew the bill, or the drawee. Since both Section 122 Fines Act 1994 ( New South Wales) and sections 42 and 43 Acts Interpretation Act 1954 continue the common law right of every citizen to sue for breaches of statute, and grant the prosecutor one moiety, once a Bill is drawn in the name of the Queen, it must either be paid, at the Business House of the Queen, the Supreme Court of whatever State is chosen, or Her Majesty ELIZABETH THE SECOND herself having authorised its issue will be liable. Of course there is plenty of law making severe penalties applicable to any Supreme Court Officer, who neglects to register a Bill for payment. The 22 & 23 CAR. 2 C 22 ( Fines and Forfeitures to the Crown) (1670-71) is the act that covers that eventuality.
By chicanery and deceit, certain legislatures have sought to destroy the integrity of the Courts, and make them the private playground of wealthy corporations. The Office of Notary Public, performs the Sovereign’s obligations not to create a monopoly, under the (1623-4) James 1 C3 (Statute of Monopolies) ss 1 and 6. The Court of Faculties is everyman’s Equity Court. Only a society constituted as this one is, with the blessing of Almighty God has fully functioning Notaries Public representing the Sovereign.
With the immense body of contract law made by the Parliament of the Commonwealth and the other eight competing jurisdictions, in Australia sorting out which law must be obeyed and which is superseded by a superior law, is a challenging and interesting study.
BLACKSTONES COMMENTARIES
Book III from Page 159
From these express contracts the transition is easy to those that are only implied by law. Which are such as reason and justice dictate, and which the law therefore presumes that every man has contracted to perform, and upon this presumption, makes him answerable to such persons as suffer by his non performance. And thus it that every person[160] is bound and hath virtually agreed to pay such particular sums of money , as are charged on him by the sentence, or assessed by the interpretation of the law. For it is part of the original contract, entered into by all mankind who partake the benefits of society, to submit in all points to the municipal constitutions and local ordinances of the state, of which each individual is a member. Whatever therefore the law orders any one to pay, that becomes instantly a debt, which he has beforehand contracted to discharge. And this implied contract it is, that gives the plaintiff a right to institute a second action, founded merely on the general contract, in order to recover such damages , or sum of money as are assessed by the jury and adjudged by the court to be due from the defendant to the plaintiff in any former action. So that if he hath once obtained judgment against another for a certain sum, and neglects to take out execution thereupon, he may afterwards bring an action of debt upon this judgment, and shall not be put on proof of the original cause of action; but upon shewing the judgment once obtained , still in force but unsatisfied, the law immediately implies that by the original contract of society the defendant has contracted a debt, and is bound to pay it. This method seems to have been invented when real actions were more in use that at present and damages were permitted to be recovered thereon; in order to have the benefit of a writ of capias to take the defendants body in execution for those damages, which process was allowable in an action of debt. ( in consequence of the statute 25 EDW iii C 17) but not in an action real. Wherefore since the disuse of those real actions, actions of debt in personal suits have been pretty much discountenanced by the courts, as being generally vexatious and oppressive by harassing the defendant with two actions instead of one.
On the same principle it is ( of an implied original contract to submit to the rules of the community whereof we are members) that a forfeiture imposed by the bye laws and [161] private ordinances of a corporation upon any that belong to the body, or an amerciament set in a court-leet or court- baron upon any of the suitors to the court( for otherwise it will not be binding) immediately create a debt in the eye of the law: and such forfeiture or amerciament , if unpaid, work an injury to a party or parties entitled to receive it; for which the remedy is by action of debt.
The same reason may with equal justice be applied to all penal statutes , that is , such acts of parliament whereby a forfeiture is inflicted for transgressing the provisions therein enacted. The party offending is here bound by the fundamental contract of society to obey the directions of the legislature, and pay the forfeiture incurred to such persons as the law requires. The usual application of this forfeiture is either to the party grieved or else to any of the kings subjects in general. Of the former sort is the is the forfeiture inflicted by the Statute of Westminster( explained and enforced by several subsequent statutes) upon the hundred wherein a man is robbed, which is meant to oblige the hundredors to make hue and cry after the felon; for if they take him, they stand excused. But otherwise, the party robbed is entitled to prosecute them , by a special action on the case , for damages equivalent to his loss. And of the same nature is the action given by the statute 9 Geo 1 C 22, commonly called the black act, against the inhabitants of any hundred, in order to make satisfaction by damages to all persons who have suffered by the offences enumerated and made felony by that act. But more usually these forfeitures created by statute are given at large to any common informer, or in other words to any such person or persons as will sue for the same. And hence such actions are called popular actions, because they are given to the people in general. Sometimes one part is given to the king, to the poor or to some public use, and the other part to the informer or prosecutor, and then the suit is called [162] a qui tam action, because it is brought by a person “ qui tam pro domine rege quam pro se ipso in hac parte sequitor.” If the king therefore commences this suit, he shall have the whole forfeiture. But if anyone hath begun a qui tam or popular action, no other person can pursue it; and the verdict passed upon the defendant in the first suit is a bar to all others, and conclusive even to the king himself. This has frequently occasioned offenders to procure their own friends to begin a suit, in order to forestall and prevent other actions; which in some measure is prevented by a statute made in the reign of a very sharp sighted prince in penal laws; 4 HEN VII c 20, ( now S 44 Crimes Act 1914) which enacts that no recovery , otherwise than by verdict, obtained by collusion in a popular action , shall be a bar to any other action prosecuted bona fide. A provision that seems borrowed from the rule of the Roman law, that if a person was acquitted of any accusation, merely by the prevarication of the accuser , a new prosecution might be commenced against him.
A second class of implied contracts are such as do not arise from the express determination of any court, or the positive direction of any statute, but from natural reason and the just construction of the law…………[163] …3. A third species of implied assumpsit is when one has had and received money belonging to another, without any valuable consideration given on the receivers part, for the law construes the this to be money had and received for the use of the owner only, and implies that the person receiving promised and undertook to account for it to the true proprietor. And if he unjustly detains it, an action on the case lies against him for the breach of such implied promise or undertaking. And he will be made to repair the owner in damages , equivalent to that which he has detained in violation of such his promise. …….It lies for money paid by mistake, or on a consideration which happens to fail, or through imposition, extortion, or oppression, or where any undue advantage is taken of the plaintiffs situation. …[164] but if no account has been made up, then the legal remedy is by bringing a writ of account , de computo, commanding the defendant to render a just account to the plaintiff or shew to the court good cause to the contrary. ….. But this defect after many fruitless attempts in parliament , was at last remedied by the Statute 4 Anne c 16 which gives an action of account against the executors and administrators…….
[165] 6. the last class of contracts , implied by reason and construction of law, arise upon the supposition , that everyone who undertakes any office, employment, trust or duty, contracts with those who employ or entrust him, to perform it with integrity, diligence and skill. And if by his want of any of those qualities, any injury accrues to individuals, they therefore have their remedy in damages by a special action on the case……
This aspect of contract law, is where the Notary Public performs his pivotal function in law enforcement. Once a person has identified the breach of contract, and assessed the damages in accordance with the prescribed formulas set by Parliament, he is entitled to issue a Bill of Exchange, where an invitation to treat is issued in the name of the Sovereign. All citizens are liable to pay, unless they can find a court to set the demand aside.
If the document complies with the terms of the contract that the citizens agreed to then once the default has been documented and brought to his notice, and he has defaulted to set it aside during the time limited to do so, he is found guilty and convicted by his or her own Act. The Notary Public evidences the default, but like any magistrate who hears a matter without giving notice, the accused is entitled to apply to set the default aside, but only where he has a defence on the merits.
It is cheap, effective and is accomplished with the minimum of fuss. If the fine is paid, there is no publicity, but if it is not, then the accused must commence the action to set the demand aside. Section 459E Corporations Act 2004, applies exactly the same principles , as does a bankruptcy notice, where the Registrar in Bankruptcy performs the same function as a Notary Public.
In the alternative when the judgment is registered as a Foreign Judgment, being an Internationally recognised instrument, then a summons is issued under the Foreign judgment rules. Notice under a Court seal on a summons is then issued, and the accused person is called upon to show cause why execution should not issue against that person.
The Queensland Foreign Judgment Rules provide as follows:
4.(1) An application for registration of a judgment–
(a) must be made by originating summons; and
(b) may be made ex parte or on written notice given to the judgment debtor.
(2) If the application is made ex parte, the Court may order that the judgment creditor give written notice of the application to the judgment debtor in the way the Court considers appropriate.
Evidence in support of application
5.(1) An application for registration of a judgment must be supported by an affidavit– (a) exhibiting a certified copy of the original court’s judgment under its seal; and
(b) specifying the regulation under the Act that extends Part-2 of the Act to the country of the original court or to the original court; and
(c) stating the following particulars–
(i) the full name and last known address of the judgment creditor and debtor;
(ii) the nature of the causes of action the subject of the judgment;
(iii) that a regulation has not been made under section-13 of the Act applying the section to the country of the original court;
(iv) that the judgment has not been wholly satisfied or, if the judgment has been partly satisfied, the amount in respect of which it remains unsatisfied;
(v) that there is no reason why the judgment could not be enforced in the country of the original court;
(vi) the costs of registration of the judgment incurred by the applicant;
(vii) if the judgment creditor wishes the judgment to be registered in a currency other than Australian currency–the rate of exchange prevailing on the day of the affidavit;
(viii) if it is more than 6-years since the day of the judgment–whether there has been a proceeding by way of appeal against the judgment and, if so, the day of the last judgment in the proceeding;
(ix) if interest is payable on the judgment under the law of the country of the original court and the interest is not expressed in the judgment–the rate of interest;
(x) if the judgment is a judgment of a court of Papua New Guinea–specify the amount (if any) payable under the judgment that is recoverable Papua New Guinea income tax or non-recoverable tax;
(xi) if the judgment is a judgment of a court of New Zealand–that it was not given in a proceeding, or part of a proceeding, in which a matter for determination arose under section-36A, 98H or 99A of the Commerce Act-1986 of New Zealand
In the above cases, where the Supreme Court as representative and franchised business owned by the State of Queensland, or New South Wales, or Victoria or Tasmania, or Western Australia of Her Majesty ELIZABETH THE SECOND is to receive one half of the proceeds of the offence, then it is highly unlikely that the said Court will refuse to recognise the undoubted jurisdiction of the Court of Faculties of the United Kingdom, to certify breaches of contract, where and when they occur, anywhere in the lands to which the Commission as a Notary Public runs.
In truth, the Office of Notary Public continues in almost every land, and even Republics have continued their services. However, they remain as one of the great unifying institutions. Despite efforts to fracture the Lord’s jurisdiction, throughout the former Empire, by certain judges, declaring that the Lord and the Queen are divisible into separate parts, the Office of Notary Public continues the Lords Jurisdiction, by making the Notary an Officer of the Church of England under the Court of Faculties, established by Henry VIII through the Archbishop of Canterbury, in 1533.
It matters not that the Chief Justice and Clerk of Notaries appoints the Officer. In that capacity the Chief Justice, here as in the United Kingdom is acting as representative of the Sovereign, the true Sovereign, Her Majesty ELIZABETH THE SECOND and not the fictitious sovereign fractured away from Christianity, created by deceit and chicanery, by various misguided Legislatures, throughout Australia.
The first step towards restoring honesty and integrity to public administration is to obtain a certificate from a Notary Public that you are entitled in the name of the Sovereign, by validly enacted Federal Legislation, to claim penalties for breaches of the fundamental contracts enacted into Statutes.
The second step is to identify breaches of contract, and issue, in the name of the Sovereign, an invitation to treat as a Bill of Exchange with a period for default, during which time the accused can set the demand aside if they are entitled to do so.
The third step is when the default period has expired, to have a Protest witnessed by a Notary Public, endorsed and sealed, together with the original Bill, and then, the Bill becomes a judgment and is a law.
The fourth step is to find any one of the franchised Supreme Courts owned and operated by the States and Territories to register and enforce the default judgment, entered upon the admission of liability, which becomes obvious when the default period has expired without any attempt to set the demand aside.
It is not really that complicated, but in reality is one of the provisions ensuring peace, order and good government.