Legal Terms

ASSUMPSIT - An undertaking either express or implied, to

perform a parol agreement.
An express assumpsit is where one undertakes verbally or
in writing, not under seal, or by matter of record, to
perform an act, or to pa a sum of money to another.
An implied assumpsit is where one has not made any
formal promise to do an act or to pay a sum of money to
another, but who is presumed from his conduct to have
assumed to do what is in point of law just and right; for,
1st, it is to be presumed that no one desires to enrich
himself at the expense of another; 2d, it is a rule that he
who desires the antecedent, must abide by the
consequent; as, if I receive a loaf of bread or a
newspaper daily sent to my house without orders, and I
use it without objection, I am presumed to have accepted
the terms upon which the person sending it had in
contemplation, that I should pay a fair price for it; 3d, it
is also a rule that every one is presumed to assent to
what is useful to him. See Assent
Remedies, Practice. A form of action which may be
defined to be an action for the recovery of damages for
the non-performance of, a parol or simple contract; or, in
other words, a contract not under seal, nor of record;
circumstances which distinguish this remedy from others.
This action differs from the action of debt; for, in legal
consideration, that is for the recovery of a debt eo
nomine, and in numero, and may be upon a deed as well
as upon any other contract. If differs from covenant,
which, though brought for the recovery of damages, can
only be supported upon a contract under seal.
It will be proper to consider this subject with reference,
1) to the contract upon which this action may be
sustained;
2) the declaration
3) the plea;
4) the judgment.
Assumpsit lies to recover damages for the breach of all
parol or simple contracts, whether written or not written
express or implied; for the payment of money, or for the
performance or omission of any other act. For example,
to recover, money lent, paid, or had and received, to the
use of the plaintiff; and in some cases, where money has

been received by the defendant, in consequence of some

tortious act to the plaintiff's property, the plaintiff may
waive the tort, and sue the defendant in assumpsit. It is
the proper remedy for work and labor done, and services
rendered but such work, labor, or services, must be
rendered at the request, express or implied, of the
defendant for goods sold and delivered; for a breach of
promise of marriage.
Assumpsit lies to recover the purchase money for land
sold; and it lies, specially, upon wagers; upon foreign
judgments; But it will not lie on a judgment obtained in a
sister state. Assumpsit is the proper remedy upon an
account stated. It will lie for a corporation. In England it
does not lie against a corporation, unless by express
authority of some legislative act but in this country it lies
against a corporation aggregate, on an express or implied
promise, in the same manner as against an individual.
The declaration must invariably disclose the consideration
of the contract, the contract itself, and the breach of it;
but in a declaration on a negotiable instrument under the
statute of Anne, it is not requisite to, allege any
consideration; and on a note expressed to have been
given for value received, it is not necessary to aver a
special consideration. The gist of this action is the
promise, and it must be averred. Damages should be laid
in a sufficient amount to cover the real amount of the
claim.
The usual plea is non-assumpsit under which the
defendant may give in evidence most matters of defense.
When there are several defendants they cannot plead the
general issue severally; nor the same plea in bar,
severally. The plea of not guilty, in an action of assumpsit,
is cured by verdict.
From: John Bouvier, Revised Sixth Edition, 1856
Assumpsit
Remedies, Practice., A form of action which may be
defined to be an action for the recovery of damages for
the non-performance of, a parol or simple contract; or, in
other words, a contract not under seal, nor of record;
circumstances which distinguish this remedy from
others. 7 T. R. 351; 3 Johns. Cas. 60. This action differs
from the action of debt; for, in legal consideration, that is
for the recovery of a debt eo nomine, and in numero, and
may be upon a deed as well as upon any other
contract. 1 h. Bl. 554; B. N. P. 167. It differs from
covenant, which, though brought for the recovery of
damages, can only be supported upon a contract under
seal. See Covenant.

It will be proper to consider this subject with reference,

1) to the contract upon which this action may be
sustained;
2) the declaration
3) the plea;
4) the judgment.
3. 1. Assumpsit lies to recover damages for the breach
of all parol or simple contracts, whether written or not
written express or implied; for the payment of money, or
for the performance or omission of any other act. For
example, to recover, money lent, paid, or had and
received, to the use of the plaintiff; and in some cases,
where money has been received by the defendant, in
consequence of some tortious act to the plaintiff's
property, the plaintiff may waive the tort, and sue the
defendant in assumpsit. 5 Pick. 285; 1 J. J. Marsh. 543 3
Watts, R. 277; 4 Binn. 374; 3 Dana, R. 552; 1 N. H. Rep.
151; 12 Pick. 120 4 Call. R. 461; 4 Pick. 452. It is the
proper remedy for work and labor done, and services
rendered 1 Gill, 95; 8 S. & M. 397 2 Gilman, 1 3 Yeates,
250 9 Ala. 788 but such work, labor, or services, must be
rendered at the request, express or implied, of the
defendant; 2 Rep. Cons. Ct. 848; 1 M'Cord, 22; 20 John.
28 11 Mass. 37; 14 Mass. 176; 5 Monr. 513 1 Murph.
181; for goods sold and delivered; 6 J. J. Marsh. 441; 12
Pick. 120; 3 N. H. Rep. 384; 1 Mis. 430; for a breach of
promise of marriage.3 Mass. 73 2 Overton, 233 2 P. S. R.
80. Assumpsit lies to recover the purchase money for
land sold; 14 Johns. R. 210; 14 Johns. R. 162; 20 Johns.
R. 838 3 M'Cord, R. 421; and it lies, specially, upon
wagers; 2 Chit. PI. 114; feigned issues; 2 Chit. PI.
116; upon foreign judgments; 8 Mass. 273; Dougl. 1; 3
East, 221; 11 East, 124; 3 T. R. 493; 5 Johns. R.
132. But it will not lie on a judgment obtained in a sister
state. 1 Bibb, 361 19 Johns. 162; 3 Fairf. 94; 2 Rawle,
431. Assumpsit is the proper remedy upon an account
stated. Bac. Ab. Assumpsit, A. It will lie for a
corporation, 2 Lev. 252; 1 Camp. 466. In England it does
not lie against a corporation, unless by express authority
of some legislative act; 1 Chit. PI. 98; but in this country
it lies against a corporation aggregate, on an express or
implied promise, in the same manner as against an
individual. 7 Cranch, 297 9 Pet. 541; 3 S. & R. 117 4 S. &
R. 16 12 Johns. 231; 14 Johns. 118; 2 Bay, 109 1 Chipm.
371, 456; 1 Aik. 180 10 Mass, 397. But see 3 Marsh. 1; 3
Dall. 496.
4. 2. The declaration must invariably disclose the

consideration of the contract, the contract itself, and the

breach of it; Bac. Ab. h. t. F 5 Mass. 98; but in a
declaration on a negotiable instrument under the statute
of Anne, it is not requisite to, allege any consideration; 2
Leigh, R. 198; and on a note expressed to have been
given for value received, it is not necessary to aver a
special consideration. 7 Johns. 321. See Mass. 97. The
gist of this action is the promise, and it must be
averred. 2 Wash. 187 2 N. H. Rep. 289 Hardin,
225. Damages should be laid in a sufficient amount to
cover the real amount of the claim. See 4 Pick. 497; 2
Rep. Const. CT 339; 4 Munf. 95; 5 Munf. 23; 2 N. H. Rep.
289; 1 Breese, 286; 1 Hall, 201; 4 Johns. 280; 11 S. & R.
27; 5 S. & R. 519 6 CT. 176; 9 Conn. 508; 1 N. & M.
342; 6 Cowen, 151; 2 Bibb, 429; 3 Caines, 286.
5. 3. The usual plea is non-assumpsit, (q. v.) under
which the defendant may give in evidence most matters
of defense. Com. Dig. Pleader, 2 G 1. When there are
several defendants they cannot plead the general issue
severally; 6 Mass. 444; nor the same plea in bar,
severally. 13 Mass. 152. The plea of not guilty, in an
action of assumpsit, is cured by verdict. 8 S. & R. 541; 4
Call. 451. See 1 Marsh, 602; 17 Mass. 623. 2 Greenl.
362; Minor, 254 Bouv. Inst. Index, h. t.
6. 4. Judgment. Void Judgment in Assumpsit. Vide Bac.
Ab. h. t.; Com. Dig. Action upon the Case upon
Assumpsit; Dane's Ab. Index, h. t.; Viner's Ab. h. t.; 1
Chit. Pi. h. t.; Petersd. h. t.; Lawes PI. in Assumpsit the
various Digests, h. t. Actions; Covenant; Debt;
Indebitatus assumpsit; Padum Constitutiae pecuniae.
Tacit
Pronunciation: 'ta-sit, Function: adjective,
1 : expressed or carried on without words or speech
2 : implied or indicated (as by an act or by silence) but
not actually expressed, <tacit consent>< tacit admission
of guilt>
- tacitly adverb
- tacitness noun
Procuration
1. Procuration civil law. The act by which one person
gives power to another to act in his place, as he could do
himself. A letter of attorney.
2. Procurations are either express or implied; an express
procuration is one made by the express consent of the
parties; the implied or tacit takes place when an
individual sees another managing his affairs, and does
not interfere to prevent it. Dig. 17, 1, 6, 2; Id. 50, 17,

60; Code 7, 32, 2.

3. Procurations are also divided into those which contain
absolute power, or a general authority, and those which
give only a limited power. Dig. 3, 3, 58; Id. 17, 1, 60, 4
4. The procurations are ended in three ways first, by the
revocation of the authority; secondly, by the death of one
of the parties; thirdly, by the renunciation of the
mandatory, when it is made in proper time and place, and
it can be done without injury to the person who gave it.
Inst. 3, 27 Dig. 17, 1; Code 4, 35; and see Authority;
Letter of Attorney; Mandate.
5. Procurations are also divided into those which contain
absolute power, or a general authority, and those which
give only a limited power. Dig. 3, 3, 58; Id. 17, 1, 60, 4
4. The procurations are ended in three ways first, by the
revocation of the authority; secondly, by the death of one
of the parties; thirdly, by the renunciation of the
mandatory, when it is made in proper time and place, and
it can be done without injury to the person who gave it.
Inst. 3, 27 Dig. 17, 1; Code 4, 35; and see Authority;
Letter of Attorney; Mandate.
Procurations, eccles. law. Certain sums of money which
parish priests pay yearly to the bishops or archdeacons
ratione visitationis. it 3, 39, 25; Ayl. Parerg. 429; 17 Vin.
Ab. h. t., pa e 544.
Procurator, civil law. A proctor; a person who acts for
another by virtue of a procuration. Procurator est, qui
aliena negotia mandata Domini administrat. Dig 3, 3, 1.
Vide Attorney; Authority.
Procurator in rem suam. Scotch law. This imports that
one is acting as attorney as to his own property. When an
assignment of a thing is made, as a debt, and a
procuration or power of attorney is given to the assignee
to receive the same, he is in such case procurator in rein
suam. 3 Stair's Inst. 1, 2, 3, &c.; 3 Ersk. 5, 2; 1 Bell's
Com. B. 5, c. 2, s. 1, 2.
Proc`u`ration
1) The act of procuring; procurement.
2) The management of another's affairs.
3) The instrument by which a person is empowered to
transact the affairs of another; a proxy.
Not subject to legal constraint of another. Unconstrained;
having power to follow the dictates of his own will. Not
subject to the dominion of another. Not compelled to
involuntary servitude. Used in this sense as opposed to
"slave." Confined to the person possessing, instead of

being shared with others. Not engaged in a war as

belligerent or ally; neutral; Black's Law 4th edition.
Not despotic; assuring liberty; defending individual rights
against encroachment by any person or class; instituted
by a free people; said of governments, institutions, etc.
Webster
independent: Not dependent; not subject to control,
restriction, modification, or limitation from a given
outside source
We come now to the legal definition of procuration:
Agency; proxy; the act of constituting another one's
attorney in fact. The act by which one person gives
power to another to act in his place, as he could himself.
Action under a power of attorney or other constitution of
agency. An express procuration is one made by the
express [written] consent of the parties. An implied or
tacit procuration takes place when an individual sees
another managing his affairs and does not interfere to
prevent it. Procurations are also divided into those which
contain absolute power, or a general authority, and those
which give only limited power. Black's Law 4th edition.
proclivity n. pl. proclivities, A natural propensity or
inclination; predisposition.
Collateral Attack: When a separate and new lawsuit is
filed to challenge some aspect of an earlier and separate
case, it is called a collateral attack on the earlier case.
This is different than an appeal, which is a challenge to
some aspect of a decision made in the same case.
Example: Sam obtains a divorce in Nevada without
properly notifying his wife, Laurie. Laurie files a later
lawsuit seeking to set aside the divorce and start the
divorce proceedings over. Laurie's case is a collateral
attack on the divorce.
The law wants judgments to be final whenever possible,
and thus collateral attacks are discouraged. Many are
filed, but usually only succeed when an obvious injustice
or unconstitutional treatment occurred in the earlier case.
Subject-Matter Jurisdiction
Subject matter is the cause, the object, the thing in
dispute.
The authority of a court to decide a particular type of
case is called subject- matter jurisdiction and is set by
the federal or state Constitution, or by state statutes.
In order for a court to have subject-matter jurisdiction
over a divorce action, at least one spouse must have lived
in the county where the court is located for a certain

period of time. Some states also require the spouse to

have lived within the state for a certain length of time,
usually a few months longer than the time in the county.
For example, to obtain a divorce in California, a person
must have lived in California for at least six months, and
in the particular county in which he wants to obtain the
divorce for at least three months. In Illinois, a person
must have lived in the state for ninety days, in New York
and New Jersey, the requirement is one year. In Texas, a
person must have lived in the state for six months and in
the particular county in which she wants to obtain the
divorce for at least ninety days.
It is a fatal objection to the jurisdiction of the court when
it has not cognizance of the subject-matter of the action;
as, if a cause exclusively of admiralty jurisdiction were
brought in a court of common law, or a criminal
proceeding in a court having jurisdiction of civil cases
only. In such case, neither a plea to the jurisdiction, nor
any other plea would be required to oust the court of
jurisdiction. The cause might be dismissed upon motion,
by the court, ex officio.
Mandamus - (man-dame-us) n. Latin for "we order," a
writ (more modernly called a "writ of mandate") which
orders a public agency or governmental body to perform
an act required by law when it has neglected or refused
to do so. Examples: After petitions were filed with
sufficient valid signatures to qualify a proposition for the
ballot, the city refuses to call the election, claiming it has
a legal opinion that the proposal is unconstitutional. The
backers of the proposition file a petition for a writ
ordering the city to hold the election. The court will order
a hearing on the writ and afterwards either issue the writ
or deny the petition. Or a state agency refuses to release
public information, a school district charges fees to a
student in violation of state law, or a judge will not permit
reporters entry at a public trial. All of these can be
subject of petitions for a writ of mandamus.
Vacate v. 1) for a judge to set aside or annul an order or
judgment which he/she finds was improper.
egregious, adjective: Conspicuously and outrageously bad
or reprehensible.
cognizable Knowable or perceivable. Law. Able to be
tried before a particular court.
Tacit Procuration
If you allow others to handle your affairs, you give them
a power of attorney. As I explained earlier, you grant the
power of attorney by getting a number. Proof: they can
seize your property without a court order, without proof of

a violation, without a judge's signature, and without even

starting any court proceedings.
Go to any library and look up "Procuration" in a Law
Dictionary, pay special attention to "tacit procuration":
"An implied or tacit procuration takes place when an
individual sees another managing his affairs and does not
interfere to prevent it."
By doing nothing, you grant the power of attorney if you
see the government handling any of your affairs and you
do not interfere to prevent it. As I explained earlier the
poor laws were written to take care of "those who are
destitute and helpless ..."
Even acceptance of their control over prescription drugs is
proof that you do not manage your own affairs. You, by
your action of accepting their management of your
affairs, agree that you are incompetent to manage
yourself.
Perhaps you even grant the power of attorney by
accepting Federal Reserve Notes when they are required
to pay (tender in payment of debts) Gold coin per
Constitution Article 1, Section 10. A classic book on this
topic is The Miracle on Main Street by F. Tupper Saussy
ISBN: 0-911805-00-1
Even without a signature or an oath, your actions can
grant the power of attorney and alter your citizenship. By
accepting the benefits of statutory citizenship, you
become a statutory citizen. Examples: accepting statutory
deeds, accepting usury or voting for bond issues, voting
for president unless you are in the Electoral College,
confessing that you reside within a Federal zip code,
declaring bankruptcy, or using theFreedom of Information
Act, or many other Statutes. This is because Persons and
Corporations get their rights from Congress, whereas
Sovereigns get their rights from God.
Zip Codes are optional as far as the Post Office is
concerned (see Domestic Mail Policy DMM122.32), yet
Social Security cards will not be issued unless the
application form has a zip code address (you will get SSA
Denial Notice, Form SSA-L676, stating that they cannot
mail a Social Security Card to an address that doesn't
have a zip code - they can mail the denial but they
cannot mail the card??). They cannot force you into a
federal jurisdiction, which would be the crime of
kidnapping. Not even one created by the Buck Act. You
must voluntarily confess that you are a resident in your
federal government, with a federal address, otherwise
their laws do not apply to you and they can not send you
an SS card. Draft registration is another example.

In Lincoln's day, when there were no 14th

Amendment citizens, he drafted state citizens the
Constitutional way. He sent letters to the governors, who
then called out their militia to quell the insurrection.
Another example is in recent changes to the draft
registration process - the application no longer requires a
signature under a perjury oath (even though courts may
presume such an oath). All it now needs is a "mandatory"
federal address. Once you confess that you are a resident
of the government, you are now an expendable human
resource. How many men have died fighting recent U.N.
just wars for those who are not honest enough to teach
basic citizenship in their schools? By the way, the
Selective Service System cannot require that registrants
to provide their Social Security numbers, Wolman v. U.S.,
501 F.Supp. 310 and 542 F.Supp. 84. Concerning U.N.
wars - your U.S. Constitution requires your president, not
the U.N., to be "Commander in Chief" of your armed
forces.
You have no rights to accept or charge interest. Interest
is a government granted privilege that is granted contrary
to Biblical principles. The borrower is a slave to the lender
(Proverbs 22:7). One percent interest is usury (Nehemiah
5:10-11). A Bible believer will never accept usury (Psalms
15:5, Ezekiel 18:13) or charge usury (Deut 23:19-20, Ex
22:25). In your own country, up until 1694, accepting or
paying interest was a punishable crime. Government
incorporated banks can give usury. In order to do this
they need an SSN so that they can tax this government
granted privilege. You can still get a non-interest checking
account without a number. By the way, Private banks can
pay interest too, but they must pay a 10% tax for this
government granted privilege. There are no private banks
left.
Note: The very same unchanging Jesus Christ who said
that not one jot nor tittle shall fall from the law also told
the parable of the ten talents in which a master used
sarcasm to rebuke an unprofitable servant. Luke 19:23.
Sarcasm does not authorize usury. He was saying (my
paraphrase): "So you think I'm a hardened criminal who
reaps what he doesn't sow, why then didn't you go all the
way and commit the crime of usury by depositing my
money in a bank."
In the 1935 Supreme Court case of Perry v. U.S. (294 US
330) the Supreme Court found that "In the United States,
sovereignty resides in people ...", but Mr. Perry could not
redeem his Government Bond for the Gold it promised to
pay. They didn't come right out and say it, but I suspect
they ruled this way because sovereigns cannot accept
interest. (for more Supreme Court opinions on

sovereignty.
The US Supreme Court ruled in a 1913 case, German
Alliance Insurance Co. v. Kansas 233 US 389 at page
432. That "Moreover, interest laws were in their inception
not a restriction upon the right of contract but an
enlargement, permitting what theretofore had been
regarded both as an ecclesiastical and civil offense. ...
they therefore fall within the rule that contemporary
practice, if subsequently continued and universally
acquiesced in, amounts to an interpretation of the
Constitution."
How do you like that? By turning our backs to an
unchanging God (Malachi 3:6, Hebrews 13:8, Hebrews
6:17-18, Numbers 23:19, 1st Samuel 15:29, Titus 1:2)
we've let criminals, (theretofore regarded as a crime),
now unpunishable, interpret our Constitution for us.
The Supreme Court had to rule this way because they
don't interpret your Constitution. They are just servants.
Their masters (we the people) determine the law. If the
people are Christian, we will have Christian law, if the
people are worldly, we will accept evil law. Which law do
you accept?
You should have known, as did Abe Lincoln in his first
inaugural address, that: "If the policy of the
government ... is to be irrevocably fixed by decisions of
the Supreme Court ... the people will have ceased to be
their own rulers." Back then, you could be your own
rulers. Just try to assert your rulership now, and see what
happens.
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