FreedomFromSlaveryNow

CHAPTER 14 EXECUTION-HOMESTEAD, REALTY, PERSONALTY, EXEMPTION SECS. 329. Property Liable to Execution. 330. Execution against Trust Interests. 331. Trustee's Interest Not Subject to Execution. 332. Remainders and Reversions as Subject to an Execution. 333. What Interests in Land Subject to Execution. 334. Modern Statutes with Respect to Levy on Land. 335. Levy upon Incorporeal Rights in Land. 336. Public Property. 337. Sundry Interests in Land Exempt from Execution. 338. Homestead Exemption. 339. Liberal Construction of Exemption Laws. 340. Exemption as against Purchase Money Obligation. 341. Common Law Exemptions. 342. Exemptions of Vehicles Carrying U. S. Mail. 343. Pension Moneys Exempt. 344. Exemption of Veteran Payments and Pensions. 345. Exemption as against Purchase Money Claims. 346. Rights of Third Parties with Respect to the Enforcement of Purchase Money Claims. 347. Right of Vendee in Garnishment to Claim Benefits of Exemptions. 348. Advances to Raise Crops as Purchase Money. 349. Judgments Treated as Purchase Money When. 350. Loan of Money to Purchase Chattel as Constituting Purchase Money. 351. Costs Treated as Purchase Money. 352. Failure to Pay Assumed Debts as Part of Purchase Consideration No Claim of Exemption in Vendor's Action. 353. Estoppel by Recital in Purchase Money Judgment. 354. Homestead and Bankruptcy Law in Force. 355. Choses in Action Not Liable to Seizure under an Execution. 356. Property in Custodia Legis. 357. Redemption Money as in Custodia Legis. 358. Property Held on Execution as in Custodia Legis. 359. Proceeds on Execution Distributable to Creditors. 360. Property Subject to Lien. 361. Levy of an Execution on Firm Property for Individual Debt. 362. Subject of Partner's Interest after Levy. 363. Levy on Partner's Property for Partnership Debt. 364. Goods Fraudulently Purchased. 365. Levy upon Goods Sold on a Conditional Sales Contract. 366. Interest in Decedent's Estates as Subject to Levy. 367. Interests of Heirs and Distributees Subject to Levy. 368. Assets of Decedent Not Liable to Execution against Executor in His In dividual Capacity. 369. Standing Timber Cannot Be Levied Upon. 370. Levy on Crops. 371. Equitable Interests as Subject to Execution. 372. Life Estate or Less as Subject to Seizure and Sale. 373. Franchise as Subject to Execution. 374. Choses in Action. 375. Property in the Possession of or Adversely Held by a Third Person. 376. Distributive Share Subject to Seizure under Execution When. 377. Fixtures as Subject to Seizure under Execution. 378. Fructus Naturales as Subject to Levy. 379. Fructus Industriales as Subject to Levy. 380. Intoxicating Liquors as Subject to Levy. 381. Unpublished Manuscripts. 382. Money as Subject to Execution. 383. Patents as Subject to Levy. 384. Copyright as Leviable. 385. Trademark as Leviable. 386. Good Will Not Subject to Levy. 387. Wages and Salaries as Leviable. 388. Salaries Due Public Officers as Leviable. 389. Governmental Officers, Agents, and Subdivisions as Garnishees. 390. Director General of Railroads as Subject to Garnishment. 391. Corporations Owned by Government or State Not Subject to Garnishment Process. 392. State Institutions as Subject to Garnishment. 393. Corporations Generally as Subject to Garnishment. 394. Receivers, Trustees, and Others Subject to Be Made Garnishees. 395. Property in the Hands of Trustee in Bankruptcy as Subject to Levy. 396. Property in the Hands of a Guardian Not Subject to Levy. 397. Assets Involved in Assignments for the Benefit of Creditors as Subject to Levy. 398. Property of a National Bank as Not Subject to Levy. 399. Property in Hands of Sheriff Not Subject to Levy under Federal Process. 400. Public Property and Funds as Subject to Levy. 401. Property Dedicated to Public Use as Subject to Levy. 402. Property Dedicated to Cemetery Purpose Exempt from Levy. 403. Sale of Property Dedicated to Public Use on Execution against Dedicator. 404. The Interest of Homesteader as Subject to Levy. 405. Interests in Public Lands as Subject to Seizure and Sale. 406. Interest of Tenant by the Curtesy as Subject to Levy. 407. Dower Right as Subject to Seizure. 408. Exemption of Personalty by Statute. 409. Tools of Trade. 410. Right of Polyartist or "Jack of All Trades" to Claim a Number of Exemp tions. 411. Tools or Implements Exempt to Agriculturists. 412. Exemption of Earnings. 413. Good Faith Essential to Secure an Exemption. 414. Debtor Entitled to Exemptions although He Has Other Property. 415. No Lien of Execution on Exempt Property. 416. When Marriage Will Defeat the Lien of an Execution. 417. Insurance Money as Exempt. 418. Debtor May Sell or Mortgage Exempt Property. 419. Necessity of Claiming Exemption. 420. When Sheriff Must Show Property Is Exempt. 421. Sheriff's Duty to Acquaint Debtor with the Right to Exemption and Duty of Debtor to Turn Out Other Property.

SECS. 325. Duty of Sheriff as an Attending Officer on Court. 326. Personal Presence of the Sheriff Not Essential. 327. Duty of Sheriff to Keep Order in Court. 328. Duty of Sheriff to Have Sufficient Number of Deputies on Hand.

SECS. 297. Intermediate and Ancillary Process. 298. Writ of Ne Exeat. 299. Writ of Injunction and Its Service. 300. Binding Effect of Knowledge of Injunction. 301. Service of Injunction upon Corporation. 302. Subpoena for Witnesses. 303. Subpoena for Witnesses in Criminal Case. 304. Service of Subpoena ad Testificandum Generally. 305. Place of Service of Subpoena. 306. By Whom Subpoena ad Testificandum May Be Served. 307. When Subpoena Must Be Served. 308. Return of Service of Subpoena and Effect Thereof. 309. Return by an Individual. 310. Time of Service of Subpoena. 311. Breaking Doors to Serve. 312. Necessity for Payment of Witness Fees and Mileage. 313. Subpoena Duces Tecum. 314. Subpoena Duces Tecum in Cases Where Witness Testifies by Deposition. 315. What May Be Produced in Response to Subpoena Duces Tecum. 316. Applicability of Subpoena Duces Tecum to Corporate Records. 317. Statutory Enactment as Not Preventing Production of Documents and Pa pers on Subpoena Duces Tecum. 318. The Service of Void Subpoena Duces Tecum. 319. Subpoena Duces Tecum Directed to and Served upon an Unincorporated Association. 319A. Service of Subpoena Duces Tecum Generally Considered. 320. Service of Habeas Corpus ad Testificandum. 321. Service and Obedience to Writ of Habeas Corpus ad Testificandum. 322. Attachment of Witness for Contempt. 323. Arresting Witness on Attachment. 324. Authority to Break Doors in Executing an Attachment for Contempt.

SECS. 292. Liability for Taking Prisoner before Wrong Magistrate. 293. Liability for Malicious Arrest. 294. Civil Liability for Assault and Battery. 295. Liability for Cruelty or Exposure of Arrested Party. 296. Conversion of Prisoner's Property.

Secs. 279. Duty of Sheriff at Common Law to Select Jurors. 280. Challenge to the Jury for the Partiality of the Summoning Officer. 281. Consanguinity or Affinity of the Sheriff to a Party Cause of a Challenge to the Jury. 282. Connection of the Sheriff with One of the Parties Will Be a Ground for Challenge to the Panel. 283. When Sheriff is Party to the Suit Challenge to the Panel. 284. When the Officer is Attorney of a Party. 285. Interference of Litigant When Cause of Challenge to the Panel. 286. De Facto Officer Not Ground of Challenge to Panel. 287. Rule as to Professional Jurors. 288. Sheriff Must Not Catechise Prospective Jurors. 289. Sheriff Must Not Excuse Talesmen from Service. 290. Duty of Sheriff in Charge of Jury. 291. Isolation of Jury in Criminal Cases; Duty and Responsibility of Sheriff.

CHAPTER 9 CONTEMPT OF COURT-CRIMINAL OFFENSE-PRISONS SECS. 250. Harsh Treatment of Prisoner as Contempt of Court. 251. Contempt of Court in Failing to Protect Prisoner. 252. Official Defaults as Contempt of Court. 253. Contempt for Disobedience of Writ of Habeas Corpus. 254. Criminal Responsibility of Sheriff for an Escape. 255. Of What Permitting an Escape Consists. 256. What Is Necessary to Make Negligent Escape. 257. Who Is Responsible for Escape. 258. What Acts Constituting an Escape on the Part of a Custodian. 259. Officer Not Criminally Liable for Escape by Subordinate. 260. Intent of Custodian. 261. Summary Treatment of Statutory Criminal Offenses Committed by Sheriffs and Constables . 262. Violation of Criminal Laws Generally. 263. Sheriff as Jailer. 264. Criminal Liability in Connection with Prisons. 265. Sheriff Not Criminally Liable for Misconduct of Subalterns. 266. Civil Liability in Connection with Jails and Prisons. 267. Status of Sheriff's Assistants . 268. Right of Sheriff or Jailer to Punish Prisoners. 269. Liability for Injury to Prisoners . 270. Liability for Torts of Subordinates in Injuring Prisoners. 271. Liability for Injuries Inflicted upon Prisoner by His Fellow Prisoners. 272. Liability for Mob Violence. 273. Liability for Injury by Insane Prisoner. 274. Liability for Denial of Prisoner's Right to Consultation with Attorney. 275. Duty to Care for Prisoner's Property. 276. Liability for Defective Premises. 277. Liability for False Imprisonment. 278. Sheriff's Liability to Physician for Medical Services Rendered to Prisoner.

ATTACHMENTS SECS. 220. Attachment against a Person. 221. What Is an Attachment of Property. 222. Duty of the Sheriff in Case of Garnishment. 223. When Attachments Will Issue. 224. Attachments as Fixing a Lien on the Property Seized. 225. An Attachment Chiefly a Statutory Remedy in Actions Ex Contractu. 226. Attachment Statutes to Be Strictly Construed. 227. How an Attachment Must Be Executed on Land. 228. How an Attachment Must Be Levied on Chattels . 229. Attachment of Bulky Articles. 230. Sheriff's Control of Attached Goods. 231. An Attachment Must Be Actually Levied. 232. Debtor as Sheriff's Agent to Keep Goods Attached. 233. Sheriff May Appoint an Indifferent Person as Keeper of Attached Goods. 234. What Is a Sufficient Attachment and Seizure of Goods. 235. Duty of the Officer as to the Whole of Property Where Only Part Is Attached . 236. The Force That a Sheriff May Use to Execute an Attachment. 237. Goods Attached Can Not Be Seized by Another Officer. 238. Sheriff Liable for Seizing Goods of Third Person. 239. Right of Sheriff to Attach Choses in Action. 240. Duty of Sheriff to Observe the Priority of His Process. 241. When a Sheriff May and When He Can Not Demand Indemnity for Levying an Attachment.

Chapter 8 CAPIAS AD SATISFACIENDUM SEOS. SECS. 242. Classes Privileged from Arrest for Debt. 243. Exemptions from Arrest on Final Process in the United States. 244. Law of Arrest upon Final Process. 245. Confinement Required upon a Capias ad Satisfaciendum . 246. Liability of the Sheriff for Escape on Final Process. 247. When a Constable May Execute a Ca. Sa. 248. Indulgence by Plaintiff to Prisoner upon Final Process. 249. Decadence of the Writ of Capias ad Satisfaciendum.

CHAPTER 5 CONTEMPT AND AMERCEMENT OF SHERIFFS AND CONSTABLES SECS. 212. Contempt of Court. 213. Necessity of Criminal Intent. 214. Liability of Sheriffs and Constables for Contempt. 215. What Acts Constitute Contempt on the Part of Sheriffs or Constables. 216. Sheriff Liable for Contempt for Act of Deputy. 217. Sheriff or Constable Amerced When. 218. Amercement of a Sheriff or Constable for Deputy's Acts. 219. Ex- sheriff Liable to Be Amerced.

Chapter 5 BAIL-DISCHARGE-ESCAPE SECS. 177. Arrested Party's Right to Bail. 178. Duty of One Making an Arrest with Respect to Prisoner. 179. Right of Prisoner on Being Arrested to Be Taken before Court for Hearing or Examination. 180. Time within Which Prisoner Entitled to Be Taken before Court or Magistrate. 181. What Is Unnecessary Delay in Taking a Prisoner before Magistrate. 182. Municipality Has No Authority to Pass an Ordinance Denying a Prisoner His Statutory or Constitutional Rights. 183. Prisoner May Waive Right to Be Taken before a Magistrate. 184.Termination of Officer's Custody of Prisoner. 185. Assault and Battery by Officers of the Law. 186. Handcuffing, Photographing, and Taking Bertillon Measurements. 187. Bail in General. 188. Right to Admit to Bail. 189. Duty of Sheriff in Taking Bail. 190. Mode of Taking Bail and Sufficiency of Conditions. 191. Deposit in Lieu of Signed Bail. 192. Determination of Ownership of Cash Deposit. 193. Insufficient Substitutes for Bail. 194. Extent of Liability of Sheriff. 195. Waiver of Liability and Relief Therefrom. 196. Right of Plaintiff to Instruct Sheriff as to Bail. 197. Proceedings against Sheriff as Special Bail. 198. Escape in Civil Arrest Cases. 199. Liability of Sheriff as Special Bail in Cases of Escape. 200. Proceedings to Fix Liability of Sheriff. 201. Liability as between Officers. 202. Nature and Character of Bond for Jail Liberties. 203. Custody, Actual or Constructive in Connection with Escape. 204. What Is Custody and What Is an Escape. 205. Constructive Escape. 206. Kinds of Escape. 207. Defenses to an Escape. 208. Prisoner Held on Mesne Process; Effect of Recapture, Return or Death after Escape. 209. Escape in Criminal Cases ; Civil Liability of Sheriff or Constable. 210. Duty of Sheriff to Obey Writ of Habeas Corpus with Respect to Prisoner in His Charge. 211. Discharge of Prisoner by Court Having Jurisdiction Relieves Sheriff.

CHAPTER IV ARREST SECS. 116. Arrest for Debt in General. 117. Privilege from Arrest for Debt. 118. What Constitutes an Arrest. 119. Words as Constituting an Arrest. 120. Use of Force in Making an Arrest. 121. Reasonableness of Force Used as a Question of Law or Fact. 122. Right to Resist an Unlawful Arrest. 123. Burden of Proof in Use of Force or Unlawful Arrest. 124. Resort to Force in Felony Arrest. 125. Use of Force in Arresting on Suspicion of Felony. 126. No Authority to Kill or to Prevent a Misdemeanant from Escaping. 127. Question for the Jury as to Necessity of Killing in Making an Arrest. 128. Breaking Doors to Make Arrest. 129. Right to Break Doors in Making an Arrest without a Warrant. 130. Authority of an Officer to Stop a Train or Bus to Make an Arrest. 131. When an Arrest May Be Made. 132. Effect of Illegal Arrest. 133. Necessity of Possession of Warrant. 134. When Officer Must Exhibit the Warrant. 135. Necessity of Advice of Intention to Arrest and Offense Therefor. 136. Officer under Duty to Arrest Party Named in Warrant. 137. Who Is Protected under a Warrant Misnaming Party Arrested. 138. Manner in Which an Arrest Must Be Made. 139. When a Warrant Must Be Executed. 140. No Arrest on Civil Process on Sunday. 141. The Posse Comitatus or Summoning Bystanders. 142. Expenses of a Posse Comitatus. 143. Duty of Persons Summoned to Respond. 144. Manner of Deputation. 145. Sufficiency of Conditions Warranting Assembly of a Posse Comitatus. 146. Detainers. 147. Fraud Not Permissible in Effecting an Arrest. 148. Where an Arrest May Be Made. 149. Where an Inferior Officer May Not Effect an Arrest. 150. An Officer Signing a Complaint Is Not Thereby Disqualified in the Case. 151. Arresting Insane Persons. 152. Entrapment. 153. Arrests in Connection with Motor Vehicles. 154. Validity of Statute Requiring Traffic Officer to Wear Uniform. 155. Right to Shoot at Fleeing Car. 156. Duty of Motor Vehicles to Stop on Demand. 157. Necessity of Possession of Warrant where Arresting in Connection with Motor Vehicles. 158. Resisting an Arrest. 159. Search of Person Arrested. 160. Application of Rule with Respect to Seizing Property of a Prisoner. 161. Right to Search and Seize Property from Prisoner More Extensive Than Search Warrant Rights. 165. Responsibility of One Procuring an Arrest. 166. Arrest without a Warrant Generally Considered. 162. Seizure of Slot Machines Illegally Operated; Purpose of. 163. Duty of Officer with Respect to Prisoner's Property. 164. Factual Question with Respect to Taking Prisoner's Property. Responsibility of One Procuring an Arrest. Arrest without a Warrant Generally Considered. 167. Arrest on Direction of the Court. 168. On Whom Burden of Proof Rests as to Legality of Arrest. 169.Arrest for Crime Committed in the Presence of an Officer. 170. What Is in the Presence of the Officer. 171. The Offense Must Be Committed in the Presence of the Arresting Officer. 172. Admission of Defendant Sufficient to Make Commission of Offense in Pres ence of Officer. 173. Officers Have No Right to Make an Arrest When They Violate the Law to Be Present at the Commission of a Crime. 174. Discovery of Commission of Crime by Officers Making Illegal Investigation; Arrest Proper. 175. Garnishment of Prisoner's Property in the Hands of an Officer. 176. Disposition of Prisoner's Property.

CHAPTER 3 PROCESS SECS. 87. Sheriff's Duty to Execute Process . 88 Protection by Reason of Process. . 89. Sheriff or Constable Cannot Question Validity of Judgment. 90. Officer Possessing Personal Knowledge of Defects Aliunde. 91. Officer Acts at His Peril in the Execution of Process. 92. Endorsement of Receipt of Process. 93. Diligence Required of Sheriff in Execution of Process. 94. What Is Due Diligence ? 95. Process to Be Executed in Due and Legal Order. 96. Sheriff to Decide Priorities at His Peril. 97. Directions to the Sheriff. 98. Service of Process upon the Sheriff. 99. Sheriff Must Have Process in His Possession. 100. Sheriff or Constable Is Limited to His Own Territorial Jurisdiction and Restricted by Process Directed to Him. 101. A Sheriff or Constable Cannot Serve Process unless Addressed to Him. 102. Service of Process by de Facto Officer Valid. 103. Kinds of Process. 104. Initial Process Summons to Answer. 105. What Is a Summons to Answer. 106. Duty of a Sheriff to Return Process. 107. The Law of Domicile. 108. Immunity from Service. 109. Service of Process on Partnerships. 110. Service of Process upon Domestic Corporations. 111. Service of Process on One Corporation as Binding Another, as Parent and Subsidiary Corporation. 112. Service of Process on Foreign Corporation. 113. Service of Process on Nonresidents. 114. When Process May Be Served. 115. Nonresidents May Be Served When within the Jurisdiction.

CHAPTER 2 SECS. 42. Powers and Duties of Sheriff Implied from Name and Nature of His Office. 43. Rights of the Sheriff as Constitutional Officer. 44. The Sheriff Essentially a Common Law Officer. 45. The Qualifications of a Sheriff, His Oath and Bond. 46. Delivery and Approval of Sheriff's Bond. 47. Construction of Sheriff's Bond. 48. Acts by Virtue of the Office and Color of Office. 49. Liability of Sureties and Sheriff ; Limitation of That Liability. 50. Additional Duties Required of the Sheriff by Statute. 51. The Sheriff as Tax Collector ; His Sureties. 52. What Will Not Release the Sureties of the Sheriff. 53. Special Bonds. 54. Cumulative Bonds. 55. Liens on Real Estate or Further Security. 56. Recording and Approval of Official Bonds. 57. Liability of Sureties of Sheriff in the Event of His Death. 58. Liability of Sureties for Overpayment. 59. The Right to Office. 60. The Sheriff and His Deputies. 61. Sheriff's Liability for His Deputies. 62. Liability of Sheriff for Acts of His Deputy Done Colore Officii and Virtute Officii. 63. When the Sheriff Is Not Liable for the Acts of His Deputy. 64. Liability of Ex- Sheriff for His Deputy. 65. Supervisory Power of Courts over Sheriffs and Deputies. 66. Deputy Sheriff's Bond. 67. Liability of Sheriff to His Deputy. 68. Liability of Deputy in Summary Actions. 69. Relation of De Facto Officer and His Deputy. 70. Special Deputy ; How Constituted. 71. Appointments of Deputies by Parol and by Ratification of Acts. 72. Appointment of Deputy Sheriffs. 73. Appointment of Special Officer by Court or Justice. 74. General Deputy May Appoint a Special Deputy. 75. Summary Proceedings. 76. Statutory Regulations as to Deputy Sheriffs, 77. Deputy as a General Agent. 78. The Sheriff Is the One Officer. 79. Personal Acts of the Deputy. 80. Special Legislation as to Deputy Sheriffs. 81. Cumulative Remedy. 82. Suretyship Strictissimi Juris. 83. Resistance to Deputies. 84. The Office of Deputy Sheriff Is Not the Subject of Sale. 85. Removal of the Deputy Sheriff. 86. Additional Duties of Sheriff.

Chapter 1 SECS. 1. Origin of the Office of Sheriff. 2. Origin of the Name of "Sheriff." 3. The Origin of the Office of Constable. 4. Derivation of the Name "Constable." 5. Origin of the Office of Coroner. 6. Powers and Duties of Sheriff Generally Considered. 7. Authority of Constable. 8. Powers and Duties of the Coroner. 9. The Mode of Selecting Sheriffs. 10. Qualifications of the Sheriff. 11. Sheriffs in England Compelled to Serve. 12. The Sheriff as a Judicial Officer in England. 13. Election of Sheriffs. 14. Eligibility to the Office of Sheriff. 15. Term of the Office of Sheriff. 16. Eligibility to Re-election. 17. Removal of Sheriff. 18. Oath of Sheriff. 19. Official Bonds. 20. Sheriff's Subordinates. 21. Distinction between Sheriff and Undersheriff and Bailiff. 22 Removal of Undersheriffs , Bailiffs, and Deputies. . 23. Sheriff Cannot Abridge Powers of Deputy. 24. Contract Not to Remove a Deputy Illegal . 25. Sheriff's Commission. 26. Mode of Selecting the Coroner. 27. Qualifications and Eligibility of a Coroner. 28. Nature of the Office of Coroner. 29. Term of Office of the Coroner. 30. Coroner's Bond. 31. Oath of Coroner. 32. Deputy Coroners. 33. Removal of Coroner's Deputies from Office. 34. Liability of Coroner for Acts and for Deputy's Conduct. 35. Mode of Selecting a Constable. 36. Eligibility of One for the Office of Constable. 37. Qualification and Bond of a Constable.

Eric speaks on the PMA structure, why it is important. and the cost of such. Other topics discussed include, bullion and an Update from Tennessee,

Conference held in Maryville, Tennessee on 1/28/2023. Mind, body, and Spirit wellness.

A gathering of men and women discussing the parts that make a whole of a republic. The difference in Dejure vs Defacto Government.