The Law VS Statutes
The Law is the Common Law and it is the foundation of justice for living people. Laws serve all People equally. Laws defend our Unalienable Rights, provide reparations to the injured, and through them we can live in peace and harmony with other people. The Law is the definition of the People’s power, and is Common Sense. The Law protects living people from harm, loss, and fraud.
Statutes are the en-act-ments of the Legislature that apply to publicly registered legal entities as franchises of the public State. Statutes offer limited “privileges and benefits” to “artificial persons” of various kinds, prescribing contract “rules and regulations” by consent. Statutes can have the appearance, or “colour of law”. Statutes govern legal entities as a franchise benefit to the public State.
Statutes are not Laws. The Law is from the People. Statutes are from the State.
Maxim of Law:
Quid fas non veritas est.
Legality is not Reality.
The difference between what is “lawful” and what is “legal” is a matter of life and death. What is lawful is for the living people. What is legal is for dead corporate entities.
legal = fiction
statute = statue
legislation = leg of a statue
act = act of a statue
New Zealand is a constitutional monarchy with a parliamentary system of government. All Private Sovereign men and women, are de jure “in law”. All Public Servants in corporate roles, and all artificial legal entities, are de facto “in practice”. The government is divided into three branches:
| LEGISLATURE
En-Acts Statutory Legislation Prescribes rules/regulations for legal entities. Statutes can have the Colour of Law |
EXECUTIVE
Cabinet and Departments Manages the government to serve the People. Executive take Oath to uphold The Law |
JUDICIARY
Administers de facto Statutes Facilitates de jure Common law Trial By-Jury when the People create new Case Law |
The People’s Common Law power of justice is “Judicial”, and exercised “Lawfully” (Trial-by-Jury), whereas the State’s delegated duty of management is “Executive”, and exercised “Legally” (Legislation).
Statute types are “Acts, Bills and Legislative Instruments”, and they apply to artificial legal (legislated) “persons”, so their texts never refer to a living “man” or “woman”. Statute titles never end with the word “Law”. Public officials habitually refer to “Acts” as “Laws”. But an “Act” is not a “Law”, i.e. the Land Transport Act, is not titled the Land Transport Law.
In New Zealand, only a few statutes acknowledge the right of living men and women to “due process of law”, including the Imperial Laws Applications Act 1988, which states that the ‘common law … shall be part of the laws of New Zealand’, the Observance of Due Process of Law Statute 1368, which acknowledges ‘due process’ … ‘according to the old law of the land,’ and the New Zealand Bill of Rights Act 1990, which is … ‘for the benefit of all natural persons’.
There is a natural compulsion to obey the Law because it safeguards our living rights and freedoms. If we do not honour the Law then it cannot afford us protection. However, obeying statutes is voluntary. We are members of the “legal society” as a matter of choice. Our consent is given unilaterally, not collectively via a government election. In a truly free nation, men and women in the Common Law jurisdiction, would give their consent freely to obtain the commercial “privileges” and “benefits” offered by the State in the Admiralty Maritime jurisdiction. We must be aware that the State has been incorporated to serve the debt-money system of bondage, so the people are not offered de jure Common Law contracts serving the State, but de facto Admiralty Maritime contracts serving the Banks as surety for debt. If corrupt statutes become onerous to the common good, the people have a right to withdraw their consent in order to defend their rights, and indeed they have an obligation and a duty to do so because only the people can redress the corruption of their government.
Statutes are contracts. Statutes prescribe the “terms and conditions” of commercial contracts, relying for their effect upon your consent.
‘Kia ora. The authoritative source of Acts, Bills & Legislative Instruments‘
www.legislation.govt.nz
‘INSTRUMENT, contracts. The writing which contains some agreement, and is so called because it has been prepared as a memorial of what has taken place or been agreed upon. The agreement and the instrument in which it is contained are very different things, the latter being only evidence of the existence of the former. The instrument or form of the contract may be valid, but the contract itself may be void on account of fraud.’ – Bouvier’s Law Dictionary, 1856
| Statutes/Acts | The Law |
| The LEGISLATURE makes Statues by the en-Act-ments of Legislation | The PEOPLE make The Law by the acceptance/validation of Jury decisions |
| “Statutes” are the State’s “Legal Contracts“, prescribed in advance as legal fiction “Acts, Bills, Legislative Instruments” | “The Law” is the People’s “Common Law“, recorded in real time law-making as “Case Law” |
| Acts are CONTRACT offers made effective by the informed CONSENT of a Man/Woman | Laws are moral CUSTOMS made effective by the CONSCIENCE of the People |
| ‘ACT, civil law, contracts. A writing which states in a legal form that a thing has been said, done or agreed’. [Bouvier’s Law Dictionary, 1856] | ‘LAW. When considered in relation to its origin, it is statute law or common law.’ [Bouvier’s Law Dictionary, 1856] |
| ‘STATUTE. The written will of the legislature…; an act of the legislature… This word is used in contradistinction to the common law… It is a general rule that when the provision of a statute is general, everything which is necessary to make such provision effectual is supplied by the common law.’ [Bouvier’s Law Dictionary, 1856] | ‘LAW. As a compound adjective “common law” is a understood as contrasted with or opposed to “statutory”.’ [Black’s Law Dictionary, 2nd Ed] ‘LAW, COMMON. The common law is that which derives its force and authority from the universal consent and immemorial practice of the people.’ [Bouvier’s Law Dictionary, 1856] |
| ‘LEGAL: the undoing of God’s Law.’ [Enc. Britannica, a dictionary of arts sciences and general literature, The R.S. Peale 9th, 1893] |
‘LAW OF NATURE. The law of nature is that which God, the sovereign of the universe, has prescribed to all men… by the internal dictate of reason alone.’ [Bouvier’s Law Dictionary, 1856] |
| STATUTES GOVERN LEGAL ENTITIES as a franchise benefit to the State |
THE LAW PROTECTS THE PEOPLE from harm, loss and deceit |
| We are not ALL EQUAL in the texts of Statutes | We are ALL EQUAL in the eyes of The Law |
| Statutes are based on PRACTICALITIES | Laws are based on PRINCIPLES |
| Statutes can QUICKLY come and go | Laws evolve over TIME and often endure |
| LEGAL refers to LEGISLATION | LAWFUL refers to THE LAW |
| The Legislature cannot overturn Case Law | A Jury of People can overturn a Statute |
| Statutes can serve The Law but cannot diminish or expand The Law | Laws can be taken into Statutes but if repealed in Statute they remain in Law |
| “Non-Positive Law“ Statute not serving The Law |
“Positive Law“ Statute serving The Law |
| “Colour of Law“ Misuse of authority without right |
“Moral Law“ Principle of right living |
| De facto “in practice” | De jure “in law” |
| Admiralty Maritime Commercial “LAW OF THE SEA“ Foreign International Jurisdiction |
The Peopple’s Common Law “LAW OF THE LAND“ Sovereign National Jurisdiction |
| PROFIT and DISPUTE | PEOPLE and PEACE |
| STATUTES are ARTIFICIAL | THE LAW is LIVING |
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