This is an advanced notice for those looking to seek remedy and/or enforcement from a refusal for cause. If you are not sure what a R4C is, please see this article for more.
The clerk is in authority over the record and therefore has more authority than the judge. The judge may order the clerk but he can only do so within the rules of court. Since the judge is a taxpayer he obviously has no sway and is recused from the case, leaving the court of record (authority) being with the clerk. Refusal for Cause will only work on novations (innovations) and initial presentments. However it works a lot more often that one might expect. What you see with all this privacy invasion is a flurry of R4C’s on the record in the dismissed Libels of Review. If you read any Libel of Review (LoR) you will find an example clerk instruction. If you get a presentment of any form that you do not like then Refuse it for Cause. Put a copy in your evidence repository and include a copy of the clerk instruction back to the presenter. You have done all you can to stop the process. If you are entrenched and the presenter knows it, maybe it will not work. The administrative billing processes are much more voluntary than many would like to believe.
Point 012 B. Affiant has no record or evidence that Affiant is restricted from proceeding in Admiralty Jurisdiction.
ADMIT – Libellee(s) listed within this document admit and agree to the procedures set forth under Admiralty Jurisdiction for settlement and closure to the issues at hand in this instant matter.
EXHIBIT 012 B – NOTICE of Libel of Review in ADMIRALTY
John-Quincy: Jones, lawful man, agent
Real Party in Interest
1. The district court of the United States is the proper venue and has jurisdiction to hear this libel of review. This is a proceeding in Admiralty.
“In this country, revenue causes had so long been the subject of admiralty cognizance, that congress considered them as CIVIL CAUSES OF ADMIRALTY AND MARITIME JURISDICTION, and to preclude any doubt that might arise, carefully added the clause, ‘including’, etc. This is clear proof that congress considered these words to be used in the sense they bore in this country and not in that which they had in England. The Act gives exclusive admiralty and maritime jurisdiction to the district court. As a court of the law of nations…
THE HUNTRESS, 12 Fed. Case 984 @ 992 & 989, (Case No. 6,914) (D. Me. 1840):
2. As further evidence that the action before the court is in fact an Admiralty action we find in UNITED STATES of AMERICA v $3,976.62 in currency, One 1960 Ford Station Wagon Serial No. OC66W145329,
“Although, presumably for purposes of obtaining jurisdiction, action for forfeiture under Internal Revenue Laws is commenced as Proceeding in Admiralty, after jurisdiction is obtained proceeding takes on character of civil action at law, and at least at such stage of proceedings Rules of Civil Procedures control. Continue reading “NOTICE of Libel of Review in ADMIRALTY”