KIDNAPPING.

The term includes false imprisonment plus the removal of the person to some other
place. 2 Bish. Crim. Law, § 671. See State v. Rollins, 8 N.H. 567; State v. Sutton, 116 Ind. 527, 19 N.E.
602; Samson v. State, 37 Ohio App. 79, 174 N.E. 162, 163; People v. Fick, 89 Cal. 144, 26 P. 759;
Furlong v. German-American Press Ass'n, Mo.Sup., 189 S.W. 385, 389.

It is the abduction and detention of person, to exact money or for other unlawful end.
In re Dubroca y Paniagua, D.C.Pa., 33 F.2d 181, 182; asportation of victim, without authority of law, with
intent of detaining victim, State v. Taylor, 70 N. D. 201, 293 N.W. 219, 223, 224; Keith v. State, 120 Fla.
847, 163 So.

unlawful detention or imprisonment regardless of purpose. State v. Berry, 200 Wash. 495, 93 P.2d 782,
787, 792.

Under the statutes of many states, one who enters another's automobile and, without lawful authority,
compels the driver against his will to drive to some other place, is guilty of kidnapping.
Blashfield, Cyc. of Automobile Law and Prac., Perm. Ed., § 5528.42.

DEPOSITION. The testimony of a witness taken upon interrogatories, not in open court, but in
pursuance of a commission to take testimony issued by a court, or under a general law on the subject, and
reduced to writing and duly authenticated, and intended to be used upon the trial of an action in court. It is
sometimes used as synonymous with "affidavit" or "oath," but its technical meaning does not include such
terms. State v. Lord, 42 N.M. 638, 84 P.2d 80, 94.

A written declaration under oath, made upon notice to the adverse party for the purpose of enabling
him to attend and cross-examine; or upon written interrogatories. N. S. Sherman Machine & Iron Works
v. R. D. Cole Mfg. Co., 51 Okl. 353, 151 P. 1181, 1182. It is the giving of notice to the adverse party
which especially distinguishes a deposition from an affidavit. Zinner v. Louis Meyers & Son, 181 Misc.
344, 43 N.Y.S.2d 319, 320.

The term sometimes is used in a special sense to denote a statement made orally by a person on oath
before an examiner, commissioner, or officer of the court, (but not in open court,) and taken down in
writing by the examiner or under his direction. Sweet.

In Ecclesiastical law. The act of depriving a clergyman, by a competent tribunal, of his clerical orders, to
punish him for some offense and to prevent his acting in future in his clerical character. Ayl. Par. 206.

USURP. To seize and hold any office by force, and without right; applied to seizure of office, place,
functions, powers, rights, etc. State ex rel. Scanes v. Babb, 124 W.Va. 428, 20 S.E.2d 683, 686.

USURPATION. The unlawful assumption of the use of property which belongs to another; an
interruption or the disturbing a man in his right and possession. Tomlins.

The unlawful seizure or assumption of sovereign power; the assumption of government or supreme power
by force or illegally, in derogation of the constitution and of the rights of the lawful ruler.

"Usurpation" for which writ of prohibition may be granted involves attempted exercise of power not
possessed by inferior officer. Ex parte Wilkinson, 220 Ala. 529, 126 So. 102, 104.

USURPER. One who assumes the right of government by force, contrary to and in violation of the
constitution of the country. Toul, Droit. Civ. n. 32.

USURPER OF A PUBLIC OFFICE. One who either intrudes into a vacant office or ousts the
incumbent without any color of title. Neal v. Parker, 200 Ark. 10, 139 S.W.2d 41, 44.
One who intrudes on office and assumes to exercise its functions without legal title or color of right
thereto. Alleger v. School Dist. No. 16, Newton County; Mo.App., 142 S.W.2d 660, 663; State ex rel.
City of Republic v. Smith, 345 Mo. 1158, 139 S.W.2d 929, 933. Any person attempting to fill pretended
office attempted to be created by an unconstitutional law. Bodcaw Lumber Co. of Louisiana v. Jordan,
La.App., 14 So.2d 98, 101.

AMALGAMATION. Union of different races, or

diverse elements, societies, or corporations, so asto form a homogeneous whole or new body; interfusion;
intermarriage; consolidation; coalescence; as, the amalgamation of stock. Stand. Dict.

To join in a single body two or more associations, organizations, or corporations. Peterson v. Evans, 288
Ill.App. 623, 6 N.E.2d 520.

In England it is applied to the merger or consolidation of two incorporated companies or societies. The
word has no definite meaning; it involves the blending of two concerns into one; 1904, 2 Ch. 268.
It is documented and verified in the United States Congressional Records “International
Organizations Immunities Act, 9 December 1945”, that all offices of the corporation UNITED
STATES OF AMERICA and all its subdivisions inclusive of the STATE OF TENNESSEE and
all STATES OF <> and COMMONWEALTH OF<>, have been turned over to the United
Nations. This is declared by Congressman James Trafficant March 1993. Therefore, from where
do the alleged public servants derive their "Delegation of Authority/Quo Warranto"?

“Res Judicata”: "An illegal arrest is an assault and battery. The person so attempted to be
restrained of his liberty has the same right to use force in defending himself as he would in repelling
any other assault and battery." (State v. Robinson, 145 ME. 77, 72 ATL. 260).

"Each person has the right to resist an unlawful arrest. In such a case, the person attempting the arrest
stands in the position of a wrongdoer and may be resisted by the use of force, as in self- defense."
(State v. Mobley, 240 N.C. 476, 83 S.E. 2d 100).

"One may come to the aid of another being unlawfully arrested, just as he may where one is being
assaulted, molested, raped or kidnapped. Thus it is not an offense to liberate one from the unlawful
custody of an officer, even though he may have submitted to such custody, without resistance."
(Adams v. State, 121 Ga. 16, 48 S.E. 910).

The following is Moor Res Judicata affirming the position of the public servant and the People
i.e. the Master. For those public servants who appear to be uninformed in their obligation as well
as the People who have intentionally been denied the very information and fundamental
principals of government of which they aught to know being the Master of the public servant.

Supreme Court Justice Field, 'There is no such thing as a power of inherent sovereignty in the
government of the United States... In this country, sovereignty resides in the People, and Congress
can exercise power which they have not, by their Constitution, entrusted to it. All else is
withheld."(Juliard v. Greeman, 110 U.S. 421 (1884)

It is my obligation and responsibility to admonish the public servant when they overstep their
boundaries as affirmed in the “Declaration of Independence 1776” wherein it states the
following:

“When a long train of abuses and usurpations, pursuing invariably the same Object,
evinces a Design to reduce them under absolute despotism, it is their right, it is their duty, to
throw off such government, and to provide new guards for their future security.”

This is also affirmed in the following Res Judicata:

 Perry v. United States , 204 U.S. 330, 358
"I do not understand the government to contend that it is any less bound by the obligation
than a private individual would be..."
"It is not the function of our government to keep the citizen from falling into error;
it is the function of the citizen to keep the government from falling into error."

"Criminal law magistrates have no power of their own and are unable to enforce any
ruling." V.T.C.A., Government Code sec. 54.651 et seq., Davis v. State, 956 S.W.2d
555 (1997).

Note: By law, a judge is a state officer. The judge then acts not as a judge, but as a private
individual (in his person). When a judge acts as a trespasser of the law, when a judge does not
follow the law, the Judge loses subject-matter jurisdiction and the judges' orders are not voidable,
but VOID, and of no legal force or effect. Scheuer v. Rhodes, 416 U.S. 232, 94 S. Ct. 1683,
1687 (1974)

The U.S. Supreme Court stated that "when a state officer acts under a state law in a manner
violative of the Federal Constitution, he comes into conflict with the superior authority of that
Constitution, and he is in that case stripped of his official or representative character and is
subjected in his person to the consequences of his individual conduct. The State has no power to
impart to him any immunity from responsibility to the supreme authority of the United States."

United States v. Lee, 106 U.S. at 220, 1 S. Ct. at 261 (1882)

"No man [or woman] in this country is so high that he is above the law. No officer of the law may set
that law at defiance with impunity. All the officers of the government from the highest to the lowest,
are creatures of the law, and are bound to obey it."

Cannon v. Commission on Judicial Qualifications, (1975) 14 Cal. 3d 678, 694

Acts in excess of judicial authority constitutes misconduct, particularly where a judge deliberately
disregards the requirements of fairness and due process.

Perez v. Brownell, 356 U.S. 44, 7; 8 S. Ct. 568, 2 L. Ed. 2d 603 (1958)
"...in our country the people are sovereign and the government cannot sever its relationship to them
by taking away their citizenship."

Justice Bradley, "It may be that it is the obnoxious thing in its mildest form; but illegitimate and
unconstitutional practices get their first footing in that way; namely, by silent approaches and slight
deviations from legal modes of procedure. This can only be obviated by adhering to the rule that
constitutional provisions for the security of persons and property should be liberally construed. A
close and literal construction deprives them of half their efficacy, and leads to gradual depreciation of
the right, as if it consisted more in sound than in substance. It is the duty of the Courts to be watchful
for the Constitutional Rights of the Citizens, and against any stealthy encroachments thereon. Their
motto should be Obsta Principiis." Boyd v. United, 116 U.S. 616 at 635 (1885)

Gomillion v. Lightfoot, 364 U.S. 155 (1966), cited also in Smith v. Allwright, 321 U.S. 649.644
"Constitutional 'rights' would be of little value if they could be indirectly denied."

The law requires proof of jurisdiction to appear on the record of the administrative agency and all
administrative proceedings." Hagans v Lavine, 415 U. S. 533.

"A judge ceases to sit as a judicial officer because the governing principle of administrative law
provides that courts are prohibited from substituting their evidence, testimony, record, arguments,
and rationale for that of the agency. Additionally, courts are prohibited from substituting their
judgment for that of the agency. Courts in administrative issues are prohibited from even listening to
or hearing arguments, presentation, or rational." ASIS v. US, 568 F2d 284.

A Ticket / Summons is a Suit against you, you must counter it Lawfully. Although it has been
presented unlawfully, because the person who brings suit against you cannot serve you too, and they
certainly can't also be the witness for prosecution. Many hats a simple police man (policy enforcer) wears
while his actions are a violation of separation of powers. By doing so, he is acting unlawfully in both his
professional and personal capacity, and / is acting under the Color-of Office and Color-Of-Law. Often,
particularly regarding traffic, Officers are acting as "Collection Agents, for other agencies, and are taking
action against you for a supposed debt, or "failure to pay" a contract (that doesn't lawfully exist), usually a
surcharge, which in itself is an unlawful impost. Therefore, at the moment of hindering you from
traveling, he is acting as an agent for an agency, and not as a public trustee. This is the game that has
been used against the people to exploit them while also violating their substantive rights.

Anything done under threat, duress or coercion cannot stand in Law and is 'void'

ARBITRATION. The submission for determination of disputed matter to private unofficial persons
selected in manner provided by law or agreement. Stockwell v. Equitable Fire & Marine Ins. Co., 25 P.2d
873, 134 Cal.App. 534. The substitution of their award or decision for judgment of a court. In re Curtis-
Castle Arbitration, 64 Conn. 501, 30 A. 769, 42 Am.St.Rep. 200; Atlantic Fruit Co. v. Red Cross Line,
D.C.N.Y., 276 F. 319; Red Cross Line v. Atlantic Fruit Co., 44 S.Ct. 274, 264 U.S. 109, 68 L.Ed. 582.

Compulsory arbitration is that which occurs when the consent of one of the parties is enforced by
statutory provisions. Wood v. City of Seattle, 23 Wash. 1, 62 Pac. 135, 52 L.R.A. 369.

Voluntary arbitration Is by mutual and free consent of the parties.

The submission is an agreement by which parties agree to submit their differences to the decision of a
referee or arbitrators. It is sometimes termed a reference. 3 M. & W. 816; McManus v. McCulloch, 6
Watts (Pa.) 357; Stewart v. Cass, 16 Vt. 663, 42 Am. Dec. 534; Howard v. Sexton, 4 N.Y. 157. As to
"final submission," see In re Gitt, 125 N.Y.S. 369, 140 App.Div. 382. In a wide sense, "arbitration" may
embrace the whole method of thus settling controversies, and include all the various steps. But in a more
strict use, the term denotes only the submission and hearing, the decision being separately spoken of, and
called an "award." An award is the judgment or decision of arbitrators or referees on a matter submitted to
them. It is also the writing containing such judgment. Cowell; Termes de la Ley; Jenk. 137. See Award.

As distinguished from appraisal, an arbitration presupposes a controversy or a difference to be tried and

decided. On the other hand, an appraisal or valuation is generally a mere auxiliary feature, as of a contract
of sale, the purpose of which is not to adjudicate a controversy but to avoid one. Toledo S. S. Co. v.
Zenith Transp. Co., 184 F. 391, 106 C.C.A. 501.

ARBITRATION CLAUSE. A clause inserted in a contract providing for compulsory arbitration in case
of dispute as to rights or liabilities under it; ineffectual if it purports to oust the courts of jurisdiction
entirely. See Perry v. Cobb, 88 Me. 435, 34 A. 278, 49 L.R.A. 389.

ARBITRATION OF EXCHANGE. This takes place where a merchant pays his debts in one country by
a bill of exchange upon another. The business of buying and selling exchange (bills of exchange) between
two or more countries or markets, and particularly where the profits of such business are to be derived
from a calculation of the relative value of exchange in the two countries or markets, and by taking
advantage of the fact that the rate of exchange may be higher in the one place than in the other at the same
time.

JURIST. One who is versed or skilled in law; answering to the Latin "jurisperitus," (q. v.).
One who is skilled in the civil law, or law of nations. The term is now usually applied to those who have
distinguished themselves by their writings on legal subjects.

JURISPERITUS. Lat. Skilled or learned in the law.

JURISPRUDENCE. The philosophy of law, or the science which treats of the principles of positive law
and legal relations.

"The term is wrongly applied to actual systems of law, or to current views of law, or to suggestions for its
amendment, but is the name of a science. This science is a formal, or analytical, rather than a material,
one. It is the science of actual or positive law. It is wrongly divided into 'general' and 'particular,' or into
'philosophical' and 'historical.' It may therefore be defined as the formal science of positive law." Holl.Jur.
12.

In the proper sense of the word, "jurisprudence" is the science of law, namely, that science which has for
its function to ascertain the principles on which legal rules are based, so as not only to classify those rules
in their proper order, and show the relation in which they stand to one another, but also to settle the
manner in which new or doubtful cases should be brought under the appropriate rules. Jurisprudence is
more a formal than a material science. It has no direct concern with questions of moral or political policy,
for they fall under the province of ethics and legislation; but, when a new or doubtful case arises to which
two different rules seem, when taken literally, to be equally applicable, it may be, and often is, the
function of jurisprudence to consider the ultimate effect which would be produced if each rule were
applied to an indefinite number of similar cases, and to choose that rule which, when so applied, will
produce the greatest advantage to the community. Sweet.

For "Comparative Jurisprudence" and "Medical Jurisprudence," see those titles. For equity jurisprudence,
see "Equity."

PROHIBITION. Inhibition; interdiction. Talbott v. Casualty Co., 74 Md. 545, 22 A. 395, 13 L.R.A. 584.

In practice. The name of a writ issued by a superior court, directed to the judge and parties of a suit in an
inferior court, commanding them to cease from the prosecution of the same, upon a suggestion that the
cause originally, or some collateral matter arising therein, does not belong to that jurisdiction, but to the
cognizance of some other court. 3 B1.Comm. 112; Alexander v. Crollott, 199 U.S. 580, 26 S.Ct. 161, 50
L.Ed. 317.

It is only issued in cases of extreme necessity where the grievance cannot be redressed by ordinary
proceedings at law, or in equity, or by appeal. Niagara Falls Power Co. v. Halpin, 45 N.Y.S.2d 421, 424,
181 Misc. 13; State ex rel. Levy v. Savord, 143 Ohio St. 451, 55 N.E.2d 735, 736.

An extraordinary writ, issued by a superior court to an inferior court to prevent the latter from exceeding
its jurisdiction, either by prohibiting it from assuming jurisdiction in a matter over which it has no control,
or from going beyond its legitimate powers in a matter of which it ha's jurisdiction. State v. Medler, 19
N.M. 252, 142 P. 376, 377.

An extraordinary judicial writ issuing out of a court of superior jurisdiction, directed to an inferior court
or tribunal exercising judicial powers, for the purpose of preventing the inferior tribunal from usurping a
jurisdiction with which it is not lawfully vested, State v. Stanfield, 11 Okl.Cr. 147, 143 P. 519, 522; from
assuming or exercising jurisdiction over matters beyond its cognizance, Jackson v. Calhoun, 156 Ga. 756,
120 S.E. 114, 115; or from exceeding its jurisdiction in matters of which it has cognizance. Jackson v.
Calhoun, 156 Ga. 756, 120 S.E. 114, 115.

The writ of prohibition is the counterpart of the writ of mandate. It arrests the proceedings of any tribunal,
corporation, board, or person, when such proceedings are without or in excess of the jurisdiction of such
tribunal, corporation, board, or person. Code Civ.Proc.Cal. § 1102. State v. Packard, 32 N.D. 301, 155
N.W. 666, 667. Johnston v. Hunter, 50 W.Va. 52, 40 S.E. 448. State v. Evans, 88 Wis. 255, 60 N.W. 433.
Prohibition may, where the action sought to be prohibited is judicial in its nature, be exercised against
public officers. State ex rel. United States Fidelity & Guaranty Co. v. Harty, 276 Mo. 583, 208 S. W. 835,
838.

The term prohibition is also applied to the interdiction of making, possessing, selling or giving away,
intoxicating liquors, either absolutely, or for beverage purposes, or for other than medicinal, scientific,
and sacramental purpbses.

INHIBITION. In Ecclesiastical law.

A writ issuing from a superior ecclesiastical court, forbidding an inferior judge to proceed further in a
cause pending before him. In this sense it is closely analogous to the writ of prohibition at common law.
Also the command of a bishop or ecclesiastical judge that a clergyman shall cease from taking any duty.

In English law. The name of a writ which forbids a judge from further proceeding in a cause depending
before him; it is in the nature of a prohibition. Termes de la Ley; Fitzh. N. B. 39.

In Scotch law. A species of diligence or process by which a debtor is prohibited from contracting any debt
which may become a burden on his heritable property, in competition with the creditor at whose instance
the inhibition is taken out; and from granting any deed of alienation, etc., to the prejudice of the creditor.
Brande.

In the Civil law. A prohibition which the law makes or a judge ordains to an individual. Hallifax; Civil
Law, p. 126.

INTERDICTION. In French law. Every person who, on account of insanity, has become incapable of
controlling his own interests, can be put under the control of a guardian, who shall administer his affairs
with the same effect as he might himself. Such a person is said to be "interdit," and his status is described
as "interdiction." Arg. Fr. Merc. Law, 562.

In the Civil law. A judicial decree, by which a person is deprived of the exercise of his civil rights.

In French-Canadian law. A proceeding instituted for the purpose of obtaining a curator of the person
and property, and includes the calling of a family council and a petition to the court or its prothonotary,
followed by a hearing. In re Methot's Will, 98 A. 839, 840, 87 N.J.Eq. 256.

In International law. An "interdiction of commercial intercourse" between two countries is a

governmental prohibition of commercial intercourse, intended to bring about an entire cessation for the
time being of all trade whatever. The Edward, 1 Wheat. 272, 4 L.Ed. 86.

INTERDICTION OF FIRE AND WATER. Banishment by an order that no man should supply the
person banished with fire or water, the two necessaries of life.

USURP. To seize and hold any office by force, and without right; applied to seizure of office, place,
functions, powers, rights, etc. State ex rel. Scanes v. Babb, 124 W.Va. 428, 20 S.E.2d 683, 686.

USURPATION. The unlawful assumption of the use of property which belongs to another; an
interruption or the disturbing a man in his right and possession. Tomlins.

The unlawful seizure or assumption of sovereign power; the assumption of government or supreme power
by force or illegally, in derogation of the constitution and of the rights of the lawful ruler.

"Usurpation" for which writ of prohibition may be granted involves attempted exercise of power not
possessed by inferior officer. Ex parte Wilkinson, 220 Ala. 529, 126 So. 102, 104.
USURPATION OF ADVOWSON. An injury which consists in the absolute ouster or dispossession of
the patron from the advowson or right of presentation, and which happens when a stranger who has no
right presents a clerk, and the latter is thereupon admitted and instituted. Brown.

ECCLESIASTICAL JURISDICTION. Jurisdiction over ecclesiastical cases and controversies; such

as appertains to the ecclesiastical courts. Short v. Stotts, 58 Ind. 35.

ECCLESIASTICAL LAW. The body of jurisprudence administered by the ecclesiastical courts of

England; derived, in large measure, from the canon and civil law. As now restricted, it applies mainly to
the affairs, and the doctrine, discipline, and worship, of the established church. De Witt v. De Witt, 67
Ohio St. 340, 66 N.E. 136.

ECCLESIASTICAL MATTER. One that concerns doctrine, creed, or form of worship of the church,
or the adoption and enforcement within a religious association of needful laws and regulations for the
government of the membership, and the power of excluding from such associations those deemed
unworthy of membership. Olear v. Haniak, 235 Mo. App. 249, 131 S.W.2d 375, 380.

ECCLESIASTICAL THINGS. This term, as used in the canon law, includes church buildings, church
property, cemeteries, and property given to the church for the support of the poor or for any other pious
use. Smith v. Bonhoof, 2 Mich. 115.

ECDICUS. The attorney, proctor, or advocate of a corporation. 1 Reeve, Eng.Law, 65.

ADVOWSON. In English ecclesiastical law, the right of presentation to a church or ecclesiastical

benefice; the right of presenting a fit person to the bishop, to be by him admitted and instituted to a
certain benefice within the diocese, which has become vacant. 2 Bl.Comm. 21; Co.Litt. 119b, 120a. The
person enjoying this right is called the "patron" (patronus) of the church, and was formerly termed
"advocatus," the advocate or defender, or in English, "advowee." Id.; 1 Crabb, Real Prop. p. 129, § 117.

When there is no patron, or he neglects to exercise his right within six months, it is called a lapse, and a
title is given to the ordinary to collate to a church : when a presentation is made by one who has no right,
it is called a usurpation.

Advowsons are of different kinds.

Advowson appendant is an advowson annexed to a manor, and passing with it, as incident or appendant
to it, by a grant of the manor only, without adding any other words. 2 Bl.Comm. 22; Co.Litt. 120, 121; 1
Crabb, Real Prop. p. 130, § 118.

Advowson collative. Where the bishop happens himself to be the patron, in which case (presentation being
impossible, or unnecessary) he does by one act, which is termed
"collation," or conferring the benefice, all that is usually done by the separate acts of presentation and
institution. 2 Bl.Comm. 22, 23; 1 Crabb, Real Prop. p. 131, § 119.

Advowson donative exists where the patron has the right to put his clerk in possession by his mere gift, or
deed of donation, without any presentation to the bishop, or institution by him. 2 Bl.Comm. 23; 1 Crabb,
Real Prop. p. 131, § 119.

Advowson in gross is an advowson separated from the manor, and annexed to the person. 2 Bl.Comm. 22;
Co. Litt. 120; 1 Crabb, Real Prop. p. 130, § 118; 3 Steph. Comm. 116.

Advowson presentative . is the usual kind of advowson, where the patron has the right of presentation to
the bishop, or ordinary, and moreover to demand of him to institute his clerk, if he finds him canonically
qualified. 2 Bl.Comm. 22; 1 Crabb, Real Prop. p. 131, § 119.
STRANGER. As used with reference to the subject of subrogation, one who, in no event resulting from
the existing state of affairs, can become liable for the debt, and whose property is not charged with the
payment thereof and cannot be sold therefor. McBride v. McBride, 148 Or. 478, 36 P.2d 175, 177; Home
Owners' Loan Corporation v. Crouse, 151 Pa.Super. 259, 30 A.2d 330, 331, 332. See, also, Strangers.

STRANGER IN BLOOD. Any person not within the consideration of natural love and affection arising
from relationship.

STRANGERS. By this term is intended third persons generally. Thus the persons bound by a fine are
parties, privies, and strangers; the parties are either the cognizors or cognizees; the privies are such as are
in any way related to those who levy the fine, and claim under them by any right of blood, or other right
of representation; the strangers are all other persons in the world, except only the parties and privies. In its
general legal signification the term is opposed to the word "privy." Those who are in no way parties to a
covenant, nor bound by it, are also said to be strangers to the covenant. Brown. See Robbins v. Chicago, 4
Wall. 672, 18 L.Ed. 427; Wilson v. Smith, 213 Ky. 836, 281 S.W. 1008, 1010; State v. Mills, 23 N.M.
549,169 P. 1171, 1173; Gronewold v. Gronewold, 304 Ill. 11, 136 N.E. 489, 490. See, also, Stranger.

CORPORATE. Belonging to a corporation; as a corporate name. Incorporated; as a corporate body.

CORPORATE ACT OR MINISTERIAL ACT OF MUNICIPAL CORPORATION.

For which it can be held liable is act which is done by virtue of powers exercised for municipality's own
advantage or in negligent performance of duty specifically imposed by statute. Broome v. City of
Charlotte, 208 N.C. 729, 182 S.E. 325, 326.

CORPORATE ALTER EGO, DOCTRINE OF. Means that courts ignoring forms and looking to
substance will regard stockholders as owners of corporation's property, or as the real parties in interest
whenever it is necessary to do so to prevent fraud which might otherwise be perpetrated, to redress a
wrong which might otherwise go without redress, or to do justice which might otherwise fail. Geary v.
Cain, 79 Utah 268, 9 P. 2d 396, 398.

CORPORATE AUTHORITIES. The title given in statutes of several states to the aggregate body of
officers of a municipal corporation, or to certain of those officers (excluding the others) who are vested
with authority in regard to the particular matter spoken of in the statute, as, taxation, bonded debt,
regulation of the sale of liquors, etc. See People v. Knopf, 171 Ill. 191, 49 N.E. 424; State v. Andrews, 11
Neb. 523, 10 N.W. 410; White v. Papillion Drainage Dist., 96 Neb. 241, 147 N.W. 218, 219; Schaeffer v.
Bonham, 95 Ill. 382.

CORPORATE BODY. This term, or its equivalent "body corporate," is applied to private corporations
aggregate; not including municipal corporations. Cedar County v. Johnson, 50 Mo. 225; East Oakland Tp.
v. Skinner, 94 U.S. 256, 24 L.Ed. 125; County Board of Education for Houston County v. Hunt, 29
Ga.App. 665, 116 S.E. 900.

CORPORATE BONDS. A written promise by a corporation under seal to pay a fixed sum of money at
some future time named, with stated interest payable at some fixed time or intervals, given in return for
money or its equivalent received by the corporation, sometimes secured, and sometimes not. Hammond
Lumber Co. v. Adams, 7 Ca1.2d 24, 59 P.2d 1030, 1031.

COGNIZANCE. Jurisdiction, or the exercise of jurisdiction, or power to try and determine causes;
judicial examination of a matter, or power and authority to make it. Clarion County v. Hospital, 111 Pa.
339, 3 A. 97.*

Judicial notice or knowledge; the judicial hearing of a cause; acknowledgment; confession; recognition.
Claim of cognizance or of conusance.

See Claim of Cognizance or of Conusance.

Judicial cognizance. See Judicial.

The term also applies to a power granted by the king to a city or town to hold pleas within it. 11 East,
543; 1 W. Bla. 454; 3 Bla.Com. 298.

An acknowledgment by defendant or deforciant in fine that the land belongs to, or is the right of, the
complainant, 12 Ad. & El. 259.

An answer in replevin, by which defendant acknowledges taking of the goods and want of title, but
justifies on ground that the taking was by command of one entitled to the property. Lawes, Pl. 35; 2
Bla.Com. 350. Inhabitants of Sturbridge v. Winslow. 21 Pick., Mass., 87; Noble v. Holmes, 5 Hill, N.Y.,
194.

COGNIZEE. The party to whom a fine was levied.

2 Bl.Comm. 351.

COGNIZOR. In old conveyancing. The party

levying a fine. 2 Bl.Comm. 350, 351.

PRIVY. A person who is in privity with another. One who is a partaker or has any part or interest in any
action, matter, or thing. See Privies; Privity.

Also, a water-closet. Louisville & N. R. Co. v. Commonwealth, 175 Ky. 282, 194 S.W. 313, 314. As an
adjective, the word has practically the same meaning as "private."

PRIVY COUNCIL. In English law. The principal council of the sovereign, composed of the cabinet
ministers, and other persons chosen by the king or queen as privy councillors. 2 Steph. Comm. 479, 480.
The judicial committee of the privy council acts as a court of ultimate appeal in various cases.

PRIVY COUNCILLOR. A member of the privy council.

PRIVY PURSE. In English law. The income set apart for the sovereign's personal use.

PRIVY SEAL. In English law. A seal used in making out grants or letters patent, preparatory to their
passing under the great seal. 2 Bl.Comm. 347. A seal which the king uses to such grants or things as pass
the great seal. Co. 2d Inst. 554. A seal of the British government which is affixed to documents not
requiring the great seal. Encycl. Br.

PRIVY SIGNET. In English law. The signet or seal which is first used in making out grants and letters
patent, and which is always in the custody of the principal secretary of state. 2 Bl.Comm. 347.

PRIVY TOKEN. A false mark or sign, forged object, counterfeited letter, key, ring, etc., used to
deceive persons, and thereby fraudulently get possession of property. St. 33 Hen. VIII. c. 1. A alse privy
token is a false privy document or sign, not such as is calculated to deceive men generally, but designed
to defraud one or more individuals. Cheating by such false token was not indictable at common law. Pub.
St. Mass. 1882, p. 1294.

PRIVIES. Those who are partakers or have an interest in- any action or thing, or any relation to another.
Harrington v. Harrington, 3 Miss. (2 How.) 701, 717; Brown v. Fidelity Union Trust Co., 126 N.J.Eq.
406, 9 A.2d 311, 326; Hamelik v. Sypek, 274 N.Y.S. 875, 152 Misc. 799.

They are of six kinds:

(1) Privies of blood; such as the heir to his ancestor.

(2) Privies in representation; as executors or administrators to their deceased testator or intestate.

(3) Privies in estate ; as grantor and grantee, lessor and lessee, assignor and assignee, etc.

(4) Privies in respect to contract.

(5) Privies in respect of estate and contract; as where the lessee assigns his interest, but the contract
between lessor and lessee continues, the lessor not having accepted of the assignee.

(6) Privies in law; as the lord by escheat, a tenant by the curtesy, or in dower, the incumbent of a benefice,
a husband suing or defending in right of his wife, etc. Wharton; H. Weston Lumber Co. v. Lacey Lumber
Co., 85 So. 193, 195, 123 Miss. 208, 10 A.L.R. 436.

"Privies," in the sense that they are bound by tire judgment, are those who acquired an interest in the
subjectmatter after the rendition of the judgment. Village Mills Co. v. Houston Oil Co. of Texas,
Tex.Civ.App., 186 S.W. 785, 790; Central Oregon Irr. Co. v. Young, 107 Or. 39, 213 P. 782, 784.

"Privies" to a judgment are those whose succession to the rights of property affected occurs after the
institution of the suit and form a party to it. Gill v. Porter, 176 N.C. 451, 97 S.E. 381, 382; Lancaster v.
Borkowski, 179 Wis. 1, 190 N.W. 852, 854.

—Bill of pains and penalties. A special act of the legislature which inflicts a punishment, less than
death, upon persons supposed to be guilty of treason or felony, without any conviction in the ordinary
course of judicial proceedings. It differs from a bill of attainder in this : that the punishment inflicted by
the latter is death.

PAINS AND PENALTIES, BILLS OF.

The name given to acts of parliament to attaint particular persons of treason or felony, or to inflict pains
and penalties beyond or contrary to the common law, to serve a special purpose. They are in fact new
laws, made pro re nata. See, also, Bill of Pains and Penalties.

SUSTAIN.
To carry on; to maintain. George v. Connecticut Fire Ins. Co., 84 Okl. 172, 201 P. 510, 512, 23 A.L.R.
80.

To support; to warrant;—said of evidence in connection with a verdict, decision, etc. Johnson v.

Allispaugh, 58 Ind.App. 83, 107 N.E. 686, 688; Work v. Whittington, 61 Cal.App. 302, 214 P. 474.

To suffer; bear; undergo. To endure or undergo without failing or yielding; to bear up under. Webster.

PARLIAMENT.
The supreme legislative assembly of Great Britain and Ireland, consisting of the king or queen and the
three estates of the realm, viz., the lords spiritual, the lords temporal, and the commons. 1 Bl. Comm. 153.

PRO RE NATA.
For the affair immediately in hand; for the occasion as it may arise; adapted to meet the particular
occasion. Thus, a course of judicial action adopted under pressure of the exigencies of the affair in hand,
rather than in conformity to established precedents, is said to be taken pro re nata.

Plea of nolo contendere. One which has the same effect as a "plea of guilty" in so far as regards the
proceedings on the indictment, and it is a confession only for the purposes of the criminal prosecution and
does not bind the defendant in a civil suit for the same wrong. Schireson v. State Board of Medical
Examiners of New Jersey, 129 N.J.L. 203, 28 A.2d 879, 881. See, also, Nolo Contendere.