Excerpts from;
http://topics.law.cornell.edu/wex/admiralty
http://www.usmarshals.gov/district/w.../admiralty.pdf
...admiralty shares much in common with the civil law,...
[Statutes]
Common law does not act as binding precedent on admiralty courts...
[The black robe may ignore your case cites.]
...the "
Savings to Suitors Clause," does provide for concurrent state jurisdiction so that non-admiralty remedies will not be foreclosed.
[Additional proof of what David Merrill expresses.]
Publication of the Notice of Arrest can be done 10 days after the actual arrest.
[Interesting that a Notice To Appear isn't sent out for at least 10 days after a citation. Also, 10 days cures default when one has dishonored the initial presentment (citation)]
RELEASE OF VESSEL
[STRAWMAN/Surety/Corporate Fiction PERSON]
2. Release can be accomplished in two (2) ways:
a. Order for Release - presented to and signed by the judge.
b. Stipulation Between Parties - presented to the Clerk of the Court.
PROCEDURES TO ARREST A VESSEL
2. File original and one (1) copy of each with the Clerk of the Court for the judge's review:
a. Verified complaint.
b. Motion for Issuance of Warrant for Arrest.
c. Order for Issuance of Warrant for Arrest.
3. Clerk of Court will issue the Warrant for Arrest per order from judge.
4. Deliver the following to the U.S. Marshal's Office:
[County Sheriff]
a. One completed Form ...(Process Receipt and Return)
[Booking form] for Warrant for
Arrest. Be sure to include the name and official number
[DL/SS Number] of the vessel
[PERSON]; a current
location of the vessel including the port, marina, and slip,
[Residence, business, employment address] as appropriate.
If there are any specific instructions relating to the arrest, please note them...
[Armed, dangerous]
b. Three (3) copies of the complaint.
c. Three (3) certified copies of the Order Authorizing Issuance of Warrant for Arrest.
d. The original and three (3) copies of the Warrant for Arrest.
e. A deposit of the ten (10) days costs payable to the U.S. Marshal. Costs included
are: insurance coverage based on the length and value of the vessel, custodian
charges, moorage, towing, etc. The U.S. Marshals
[County Sheriff] will arrange for the placement
of a twenty-four (24) hour guard on all arrested vessels
[PERSONS] unless there is an Order
for Substitute Custodian.
[COUNTY OF ______ DEPARTMENT OF CORRECTIONS]
AND...
Just as the Federal Rules of Civil Procedure placed law and equity under the same jurisdiction in 1938,
the 1966 rules subsumed admiralty. Nonetheless,
the Supplemental Admiralty Rules take precedence over the
Federal Rules of Civil Procedure in the event of conflict between the two.
These rules (FRCP) govern the conduct of all civil actions brought in Federal district courts. While they do not apply to suits in state courts,
the rules of many states have been closely modeled on these provisions.
So yes, continue to ignore that yellow fringe flag as it has NOTHING to do with Admiralty Jurisdiction! NONE what-so-ever! It was ONLY added to the decor of courtrooms after about 190 years of America's democratic republic jurisprudence because after such a LOOOONG time of lookin' at a plain ol' flag, we just gotta dress it up a bit. YEAAAH RIIIIGHT!
I challenge anyone to show me a pic of a courtroom flag with yellow fringe from a date before 1966!
Betcha can't do it without keep'n your photoshop programs unopened!
Perry County Judge Executive Courtney Wells presiding during this trial in the old court house building era 1950's.
WHAT?!! That can't be an American courtroom! Where's the flags?!! And WHERE'S THE BLACK ROBE?!!
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