Attesting of Statutory Declarations

[Gelhi]

I am assuming the reader is familiar with a statutory Declaration(SD), here is something i want to share with you regarding how they are entered into court.

Yesterday i went down to the District County Court to get a SD which was the first time i have attempted to do so actually, so i was thinking maybe there would be some procedure or form the Private Monopoly HMCS would require that i was not aware of, but what i discovered from my encounter with the court admin desk was something that has raised a very important question which i hope somebody will be able to answer.

The SD was actually an objection to a B149 Notice from the Land Registry regarding Adverse Possession so first of all the issue was that LR references were not accepted by the court for filing (ok i can see why that may be) "only case numbers for cases ongoing in that court" was the response i was given, but i was responding to a claimants ST1(Statutory Declaration) which was claimed in their exhibits (sent via LR and his solicitor) to have been entered into the same court!

Of course i didnt have a case number because it wasnt disclosed, which i told the clerk and gave further details to assist them in locating the file with no joy, the admin clerk then repeated they would not "attest" and used the word "attest" emphatically, would not attest my SD with no case number.

After having a heated argument with the rude little eunuch behind the admin counter because of the way i was spoken to and the fact that i asked him to sign a document i prepared to the effect he was denying me due process in front of a crowded lounge of court goers - he climbed down of his pole and told me they would accept it but upon condition that i located the "case number" and attached a covering letter, i left it at that thinking all i had to do was get the case number from claimants solicitor and attach a cover letter though the SD is basically telling them everything anyway, isnt that what the SD is for ?

Anyway as it turned out the claimants solicitor told me they had no case number and only LR reference numbers (so the exhibit was bollox and hadnt been entered after all ).

So what i have realised is this:

a) if they only attest Statutory Declarations with case numbers how then are you supposed to file a SD for a matter which hasnt yet been assigned a case number such as when you clarify a matter like the bailiff stealing your car or you want to give notice - are they closing down remedy here? or was i just dealing with an idiot ?

I dont know as i said i am not experienced in statutory declaration procedure

b) the other thing is the attesting, now having thought about what that word means i wasnt asking for an attestation anyway i was merely asking them to acknowlege reciept of my SD and to file it, even in Miscelaneous filing, but no they wouldnt accept it.

So the dilemmna hit me after i left the court and calmed down from almost throttling the cocky little eunuch behind the desk.

So my question is does anyone have more experience in this maybe there is a court admin procedure guidlines book available maybe maybe ... any ideas ?

[wishy]

The court clerk was saying he could not witness it for you without proof he was authorised (case number)
However you can go to a solicitor and get an attestation or right it on the bottom of the stat dec,
I (solicitors name) attest that (your name ) did make a declaration before me on (date)
The solicitor must record this and it is then recorded in the court of record and is instantly admisable in court(if it comes to that)
And land registry will no this and must add to their record,where it stands until they prove the opposite.
from wikipedea
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v t e
In the statutory law of wills and trusts, an attestation clause is a clause that is typically appended to a will, often just below the place of the testator's signature.

Attestation clauses were introduced into probate law with the promulgation of the first version of the Model Probate Code in the 1940s. A typical attestation clause reads:

We, the undersigned testator and the undersigned witnesses, respectively, whose names are signed to the attached or foregoing instrument declare:
(1) that the testator executed the instrument as the testator's will;
(2) that, in the presence of both witnesses, the testator signed or acknowledged the signature already made or directed another to sign for the testator in the testator's presence;
(3) that the testator executed the will as a free and voluntary act for the purposes expressed in it;
(4) that each of the witnesses, in the presence of the testator and of each other, signed the will as a witness;
(5) that the testator was of sound mind when the will was executed; and
(6) that to the best knowledge of each of the witnesses the testator was, at the time the will was executed, at least eighteen (18) years of age or was a member of the armed forces or of the merchant marine of the United States or its allies.
This attestation clause is modeled on the Model Probate Code's version. Statutes that authorize self-proved wills typically provide that a will that contains this language will be admitted to probate without affidavits from the attesting witnesses.

The validity and form of an attestation clause is usually a matter of U.S. state law, and will vary from state to state. Many states allow attestation clauses to be added as codicils to wills that were originally drafted without them.

[ceylon]

AFFIDAVIT
From 16th Century Latin affidavit meaning "to bring forward, present a promise/assurance concerning a fault or crime". A word created from the abbreviation of three ancient Latin words offero = "to bring forward, place before, present, offer, expose", fides = "promise, assurance, word of honor, engagement" and vitium = "fault, vice, crime". Unlike the earlier term AFFIRMATION, affadavit contains the notion of "fault, vice and crime" which in some JURISDICTIONS means when an individual accepts being treated as a PERSON, they also unwittingly admit GUILT. Today, the generally accepted legal definition is "a sworn or affirmed STATEMENT made in writing and signed; if sworn, it is NOTARIZED".

AFFIRMATION
From 14th Century Latin affirmare "to bring forward, present a reliable and strong promise/assurance". A word created from the abbreviation of two ancient Latin words offero = "to bring forward, place before, present, offer, expose" and firmus = "firm, strong, reliable, solid". Unlike the more common legal instrument of AFFADAVIT under ROMAN LAW, an Affirmation does not contain any implied notion of "fault, vice or crime" in its original and true meaning, nor does it require an OATH. Instead, an Affirmation requires an individual to demonstrate a superior STATUS to justify the alleged "strength" implied by the instrument.

[Gelhi]

Thanks guys replies appreciated

Wishy are you saying then that if the solicitor attests the statutory declaration and files a copy thats as good as the court record to enter in evidence later and so in the absense of a case number this is the option thats works the same ?
Also any ideas on the miscelaneous filing for non case number material like a notice etc or again if county court refuse go via solicitor ?

Ceylon i had heard this somewhere about affirmation and affidavit but you articulated it well, when you refer to affirmation applying or relating to a higher status would it be correct i assume you mean sovereign and or the office of general executor and thus the word wouldnt be appropiate to cite as a citizen ?

Oh also i imagine the seal of ones estate is added with affirmations too perhaps ?

[wishy]

The court of record is all public records, land registry,health service,ombudsman and so on.
A solicitor witnesses your document and by law must note down in his register the work he has done and puts a copy of your stat dec in a file with your name on. If your going to do this often,use the same solicitor as he can be relied upon as a witness if needed.
Send a copy of the stat dec to the land registry and instruct them to attach to your file (you may already have a reference number,use it,its your file) now the document is on 2 records.
If their is an independent complaints service for the land registry,then send them a copy with instructions to create a file,attach it and send you a ref no.

If they cannot prove you wrong the document stands on 3 records and a court will dismiss the case

[smilingalltheway]

something that may come in handy if you need to ask the clerk questions.

for clerks
what do you require

or
what is it that you require to

never use what should i do

USE
what is it that you require to......


--------------------------

personally i would use the solicitor to witness as a commissioner for oaths and mention that their comission is current under anything they sign on your document.


this also protects you against rogue solicitors as they will have purgered themselves if their comission isn't current (i.e. not really a solicitor) and you will have had the document witnessed in good faith.

______-


just thinking that if you want to use the document as a sovereign / king, then a comissioner for oaths makes more sense thn them signing as solicitors. (they may still put their solicitor stamp on it, but it won't matter as they've signed the doc as commissioner for oaths

http://www.getoutofdebtfree.org/forum/v ... 93&t=35926

I……(commissioner for oaths name)…..……………..……………………….……certify that this Affidavit of fact was witnessed on this th day of (Month) 2012, and that my commission is current

Witnessed by:

Signed……………………………………………………………Date………………………

Name: ………………………..
Commissioner for Oaths
Affirmed before me on this th day of Month, 2012 by Name: Name; proved to me on the basis of satisfactory evidence to be the man who appeared before me.