Abandonment Of A Public Office - Failure To Perform The Duties

Pertaining To The Office

ABANDONMENT OF OFFICE defined: Abandonment of a public office is a
species of resignation, but differs from resignation in that
resignation is a formal relinquishment, while abandonment is a
voluntary relinquishment through nonuser. It is not wholly a matter of
intention, but may result from the complete abandonment of duties of
such a continuance that the law will infer a relinquishment. It must be
total, and under such circumstances as clearly to indicate an absolute
relinquishment; and whether an officer has abandoned an office depends
on his overt acts rather than his declared intention. It implies
nonuser, but nonuser does not, of itself constitute abandonment. The
failure to perform the duties pertaining to the office must be with
actual or imputed intention on the part of the officer to abandon and
relinquish the office. The intention may be inferred from the acts and
conduct of the party, and is a question of fact. Abandonment may result
from an acquiescence by the officer in his wrongful removal or
discharge, but, as in other cases of abandonment, the question of
intention is involved. McCall v. Cull, 51 Ariz. 237, 75 P.2d 696, 698.
Blacks Law Dictionary Sixth Edition (page 3)
ABANDON defined: To desert, surrender, forsake, or cede. To relinquish
or give up with intent of never again resuming one's right or interest.
To give up or to cease to use. To give up absolutely; to forsake
entirely; to renounce utterly; to relinquish all connection with or
concern in; to desert. It includes the intention, and also the external
act by which it is carried into effect. Blacks Law Dictionary Sixth
Edition (page 2)
RELINQUISH defined: To abandon, to give up, to surrender, to renounce
some right or thing. See Abandonment; Release. Blacks Law Dictionary
Sixth Edition (page 1292)
RELINQUISHMENT defined: A forsaking, abandoning, renouncing, or giving
over a right. See Abandonment; Release. Blacks Law Dictionary Sixth
Edition (page 1292)
ABDICATION defined: Renunciation of the privileges and prerogatives of
an office. The act of a sovereign in renouncing and relinquishing his
government or throne, so that either the throne is left entirely
vacant, or is filled by a successor appointed or elected before hand.
Also, where a magistrate or person in office voluntarily renounces or
gives it up before the time of service has expired. It differs from
resignation, in that resignation is made by one who has received his
office from another and restores it into his hands, as an inferior into
the hands of a superior; abdication is the relinquishment of an office
which has devolved by act of law. It is said to be a renunciation,
quitting, and relinquishing, so as to have nothing further to do with a
thing, or the doing of such actions as are inconsistent with the
holding of it. Blacks Law Dictionary Sixth Edition (page 5)
DUTY defined: A human action which is exactly conformable to the laws
which require us to obey them. Legal or moral obligation. An obligation
that one has by law or con tract. Obligation to conform to legal
standard of reasonable conduct in light of apparent risk. Karrar v.
Barry County Road Com'n, 127 Mich.App. 821, 339 N.W.2d 653, 657.
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Obligatory conduct or service. Mandatory obligation to perform. Huey v.
King, 220 Tenn. 189, 415 S.W.2d 136. An obligation, recognized by the
law, requiring actor to conform to certain standard of conduct for
protection of others against unreasonable risks. Samson v. Saginaw
Professional Bldg., Inc., 44 Mich. App. 658, 205 N.W.2d 833, 835. See
also Legal duty; Obligation. A thing due; that which is due from a
person; that which a person owes to another. An obligation to do a
thing. A word of more extensive signification than "debt," although
both are expressed by the same Latin word "debitum." Sometimes,
however, the term is used synonymously with debt. Those obligations of
performance, care, or observance, which rest upon a person in an
official or fiduciary capacity; as the duty of an executor, trustee,
manager, etc. In negligence cases term may be defined as an obligation,
to which law will give recognition and effect, to comport to a
particular standard of conduct toward another, and the duty is
invariably the same, one must conform to legal standard of reasonable
conduct in light of apparent risk. Merluzzi v. Larson, 96 Nev. 409, 610
P.2d 739, 741. The word "duty" is used throughout the Restatement of
Torts to denote the fact that the actor is required to conduct himself
in a particular manner at the risk that if he does not do so he becomes
subject to liability to another to whom the duty is owed for any injury
sustained by such other, of which that actor's conduct is a legal
cause. Restatement, Second, Torts 4. See Care; Due care. In its use
in jurisprudence, this word is the correlative of right. Thus, wherever
there exists a right in any person, there also rests a corresponding
duty upon some other person or upon all persons generally. It also
denotes a tax or impost due to the government upon the importation or
exportation of goods. See 19 V.S.C.A. See also Customs; Customs duties;
Tariff; Toll; Tonnage-duty. Blacks Law Dictionary Sixth Edition (page
505)
DUTY TO ACT defined: Obligation to take some action to prevent harm to
another and for failure of which there may or may not be liability in
tort depending upon the circumstances and the relationship of the
parties to each other. See Emergency doctrine; Humanitarian doctrine.
Blacks Law Dictionary Sixth Edition (page 505)
PUBLIC defined: adj. Pertaining to a state, nation, or whole community;
proceeding from, relating to, or affecting the whole body of people or
an entire community. Open to all; notorious. Common to all or many;
general; open to common use. Belonging to the people at large;
relating to or affecting the whole people of a state, nation, or
community; not limited or restricted to any particular class of the
community. Peacock v. Retail Credit Co., D.C.Ga., 302 F.Supp. 418, 423.
As to public Accounts; Acknowledgment; Act; Adjuster; Administrator;
Agent; Attorney; Auction; Breach; Blockade; Boundary; Business;
Capacity; Carrier; Chapel; Charge; Charity; Company; Corporation; Debt;
Document; Domain, Easement; Enemy; Ferry; Fund; Good; Grant; Health;
Highway; Holiday; Hospital; House; Indecent; Institution; Market;
Minister; Money; Necessity; Notice; Nuisance; Office; Officer; Peace;
Policy; Pond; Property; Prosecutor; Record; Revenue; River; Road; Sale;
School; Seal; Square; Stock; Store; Tax; Things; Thoroughfare; Trial;
Trust; Trustee; Verdict; Vessel; War; Works; Worship, and Wrong, see
those titles. Blacks Law Dictionary Sixth Edition (page 1227)
PUBLIC OFFICE defined: Essential characteristics of "public office"
are: (1) authority conferred by law, (2) fixed tenure of office, and
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(3) power to exercise some portion of sovereign functions of
government; key element of such test is that "officer" is carrying out
sovereign function. Spring V. Constantino, 168 Conn. 563, 362 A.2d 871,
875. Essential elements to establish public position as "public office"
are: position must be created by constitution, legislature, or through
authority conferred by legislature, portion of sovereign power of
government must be delegated to position, duties and powers must be
defined, directly or impliedly, by legislature or through legislative
authority, duties must be performed independently without control of
superior power other than law, and position must have some permanency
and continuity. State ex reI. Eli Lilly and CO. V. Gaertner, Mo.App.,
619 S.W.2d 761, 764. Blacks Law Dictionary Sixth Edition (page 1230)
PUBLIC OFFICIAL defined: A person who, upon being issued a commission,
taking required oath, enters upon, for a fixed tenure, a position
called an office where he or she exercises in his or her own right some
of the attributes of sovereign he or she serves for benefit of public.
Macy V. Heverin, 44 Md.App. 358, 408 A.2d 1067, 1069. The holder of a
public office though not all persons in public employment are public
officials, because public official's position requires the exercise of
some portion of the sovereign power, whether great or small. Town of
Arlington V. Bds. of Conciliation and Arbitration, Mass., 352 N.E.2d
914. Blacks Law Dictionary Sixth Edition (page 1230)
PUBLIC RECORD defined: Public records are those records which a
governmental unit is required by law to keep or which it is necessary
to keep in discharge of duties imposed by law; e.g. records of land
transactions kept at county court house; records of court cases kept by
clerk of court. Curran v. Board of Park Com'rs, Lake County
Metropolitan Park Dist., Com.Pl., 22 Ohio Misc. 197, 259 N.E.2d 757,
759, 51 O.O.2d 321. Elements essential to constitute a public record
are that it be a written memorial, that it be made by a public officer,
and that the officer be authorized by law to make it. Nero v. Hyland,
76 N.J. 213, 386 A.2d 846, 851. A record is a "public record" within
purview of statute providing that books and records required by law to
be kept by county clerk may be received in evidence in any court if it
is a record which a public officer is required to keep and if it is
filed in such a manner that it is subject to public inspection. In re
LaSarge's Estate, Okl., 526 P.2d 930, 933. For purposes of right-to-
know law, includes decisions, which establish, alter, or deny rights,
privileges, immunities, duties, or obligations. Lamolinara v. Barger,
30 Pa. Cmwlth. 307, 373 A.2d 788, 790. See also Record. Blacks Law
Dictionary Sixth Edition (page 1231)
SOVEREIGN IMMUNITY defined: A judicial doctrine which precludes
bringing suit against the government without its consent. Founded on
the ancient principle that "the King can do no wrong," it bars holding
the government or its political subdivisions liable for the torts of
its officers or agents unless such immunity is expressly waived by
statute or by necessary inference from legislative enactment. Maryland
Port Admin. v. I.T.O. Corp. of Baltimore, 40 Md.App. 697, 395 A.2d 145,
149. The federal government has generally waived its non-tort action
immunity in the Tucker Act, 28 U.S.C.A. 1346(a)(2), 1491, and its
tort immunity in the Federal Tort Claims Act, 28 U.S.C.A. 1346(b),
2674. Most states have also waived immunity in various degrees at both
the state and local government levels. The immunity from certain suits
in federal court granted to states by the Eleventh Amendment to the
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United States Constitution. See also Foreign immunity; Federal Tort
Claims Act; Suits in Admiralty Act; Tucker Act. Blacks Law Dictionary
Sixth Edition (page 1396)
FOREIGN SOVEREIGN IMMUNITY ACT defined: Subject to existing
international agreements to which the U.S. is a party, and to certain
statutorily prescribed exceptions, a foreign nation is immune from the
jurisdiction of federal and state courts. 28 U.S.C.A. 1601-1611.
Blacks Law Dictionary Sixth Edition (page 1396)
One of the legal fantasies promoted by governments and officials is the
idea of sovereign immunity where they are not liable for their
corrupt and illegal actions.

Unfortunately this lie of sovereign immunity is also repeated
unknowingly by people who have a real case against government officials
and therefore do not pursue very valid claims.

A recent US Supreme Court decision clarified and confirmed that the
government and their agents can be held liable and accountable for
wrongdoing carried out by officials in its employment while on the job.

This should be a no brainer but in the land of legal fictions and
unaccountable government officials being protected by legal process
someone FINALLY took the issue to the US Supreme Court for a common
sense confirmation which lower level courts are now bound by.

This is a fundamental principle of law that nobody is above the law
including all government actors. The government immunity clause only
applies to government actors when they are performing their actions of
their office defined by their office in good faith.
Nemo est snpra leges defined: No one is above the law. Lofft,
142. Bouvier Law Dictionary 1856

Any actions that they take not defined by their office or illegal by
their nature are considered to have been done outside of their office
therefore done in their private capacity whereby they abandon the
office and therefore they are fully liable in their private capacity
without any protections of their office.

So in effect the government is also liable for having employed them,
their supervisors are liable for improper training and oversight and
the actions carried out while they were employee and the individual is
liable personally also.
SUITS IN ADMIRALTY ACT defined: Federal statute giving injured parties
the right to sue the government in admiralty. 46 U.S.C.A. 741-752.
Donily v. U. S., D.C.Or., 381 F.Supp. 901. See also Sovereign immunity.
Blacks Law Dictionary Sixth Edition (page 1434)
Constitutional Rights
There is also a classification of rights, with respect to the
constitution of civil society. Thus, according to Blackstone, "the
rights of persons, considered in their natural capacities, are of two
sorts, -absolute and relative; absolute, which are such as appertain
and belong to particular men, merely as individuals or single persons;
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relative, which are incident to them as members of society, and
standing in various relations to each other." 1 Bl.Comm. 123. Rights
are also classified in constitutional law as natural, civil, and
political, to which there is sometimes added the class of "personal
rights."
Natural rights are those which grow out of the nature of man and depend
upon personality, as distinguished from such as are created by law and
depend upon civilized society; or they are those which are plainly
assured by natural law; or those which, by fair deduction from the
present physical, moral, social, and religious characteristics of man,
he must be invested with, and which he ought to have realized for him
in a jural society, in order to fulfill the ends to which his nature
calls him. Such are the rights of life, liberty, privacy, and good
reputation.
Civil rights are such as belong to every citizen of the state or
country, or, in a wider sense, to all its inhabitants, and are not
connected with the organization or administration of government. They
include the rights of property, marriage, equal protection of the laws,
freedom of contract, trial by jury, etc. Or, as otherwise defined,
civil rights are rights appertaining to a person by virtue of his
citizenship in a state or community. Such term may also refer, in its
very general sense, to rights capable of being enforced or redressed in
a civil action. Also, a term applied to certain rights secured to
citizens of the United States by the Thirteenth and Fourteenth
amendments to the Constitution, and by various acts of Congress (e.g.
Civil Rights Acts) made in pursuance thereof. See Bill of Rights; Civil
liberties; Civil Rights Acts.
Political rights consist in the power to participate, directly or
indirectly, in the establishment or administration of government, such
as the right of citizenship, that of suffrage, the right to hold public
office, and the right of petition.
Personal rights is a term of rather vague import, but generally it may
be said to mean the right of personal security, comprising those of
life, limb, body, health, reputation, and the right of personal
liberty. Blacks Law Dictionary Sixth Edition (page 1325, 1326)
SUPREMACY CLAUSE defined: The clause of Art. VI of the U.S.
Constitution which declares that all laws made in pursuance of the
Constitution and all treaties made under the authority of the United
States shall be the "supreme law of the land" and shall enjoy legal
superiority over any conflicting provision of a State constitution or
law. See also Preemption. Blacks Law Dictionary Sixth Edition (page
1440)
SUPREME defined: Superior to all other things. Blacks Law Dictionary
Sixth Edition (page 1440)
SUPREME POWER defined: The highest authority in a state, all
other powers in it being inferior thereto. Blacks Law Dictionary Sixth
Edition (page 1441)
Every freeborn spiritual being has not only a right but also a duty to
protect all of the rights of the People. When in the event that an
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officer of any state or federal government does trample a right that
affects the general public of the state or nation, that citizen has the
authority to move either as the People of his state, or the People of
the United States to protect those rights. [All political power is
inherent in the People. This is a fundamental principle upon which all
constitutions rest for their servants delegated power, authorities.]
He thus may make himself a party in any action, though he is not
originally named as a party, or he may commence an action to uphold the
right(s) so violated. He may also discipline the servants and remove
the same from office for actions of misconduct under the
unconstitutional application of the Law of his state or nation. Any
person, who under color of statute violates the rights of any citizen
of the United States is subject to suit. Whereas defined pursuant to
Title 42, 1983 of the Laws of the United States. Thus he may enter
traffic cases, medical cases, tax cases, and the myriad of cases or
commence his own case where he has deemed and the facts support a
general violation of the rights of the People.

What follows here is from a case where the County Recorder recorded a
Notice of Federal Tax Lien, without a proper certification as pursuant
to Uniform Federal Lien Registration Act, which is a statute within the
laws of every state. As is evident, the Recorder had a clear duty
within the office to strictly follow the law of the state. Not
following the law in this matter caused a violation of a public right
that essentially violated (overturned) the law and right of the People.
Fact: The petitioner was not named upon the lien and not a party
thereto connected by any thread, however, he moved to stop the Country
Recorder because his public right had been violated and a beneficial
law was essentially repealed by the Recorders actions, which violated
the Supreme Law of the State, its Constitution. The Recorder had moved
without sovereign authority, and once outside the limits of the power
of public office, moved in the civil capacity in misconduct of the
office under color of law.
At the moment a public right is being violated by any officer of the
state, any freeborn spiritual being within the state may join any
action, he, himself is not named a party, to secure that right in the
name of the People of the State. Thus, he moves without a financial
interest in the matter, but under the greatest loss to the People of
his state, their Rights. This is also applied to the federal
jurisdiction.
See: http://www.scribd.com/doc/226763350/Abandonment-Of-A-Public-Office
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