CORPORATION. An artificial being, invisible, intangible, and existing only in contemplation of law; an association of persons
to whom the sovereign has offered a franchise to become an artificial juridical person, with a name of its own, under which they
can act and contract and sue and be sued, and who have either accepted the offer and effected a corporation in substantial
conformity with its terms (in which case a corporation de jure has been constituted) or have done acts indicating a purpose to
accept such offer and effected an organization designed to be, but, in fact not, in substantial conformity with its terms (in which
case a corporation de jure de facto has been constituted). 18 Am J2d Corp § 1. For some purposes, as in a venue statute, the term
"corporation" includes unincorporated associations or at least special forms of them, such as joint stock companies. 56 Am J1 st
Ven § 7. For the purposes of the Federal income tax, the term "corporation" includes associations, joint-stock companies, and
insurance companies. 33 Am J2d Fed Tax ~ 2005. As defined by the Bankruptcy Act the term "corporation" includes all bodies
having any of the powers and privileges of private corporations not possessed by individuals or partnership and further includes
partnership associations organized under laws making the capital subscribed alone responsible for the debts of the association,
joint stock companies, unincorporated companies and associations, and any business conducted by a trustee or trustees wherein
beneficial interest or ownership is evidenced by certificate or other written instrument. Bankr Act § 1(8); 11 USC § 1 (8).
Business trusts have frequently been held to be subject to statutory regulations of corporations and to provisions aimed primarily
at corporations. Hemphill v Orloff, 277 US 537, 72 LEd 978, 48 S Ct 577.
CORPORATION SOLE. A corporation consisting of one person only and his successors. An older concept of the status of a
king or a bishop as incorporated in order to give to them and their successors legal capacities and advantages, particularly that of
perpetuity, which they could not have in their natural capacities. 18 Am J2d Corp § 7. {In America the Sole Person of the
Constitutional Corporation of the UNITED STATES and the STATES is known as the one term “We the People” but Sovereign
creators that offered the corporate franchise is all of the living American People as it is .
EMBEZZLEMENT. A statutory offense, not a common law crime; the fraudulent appropriation or conversion by an agent,
an employee, a corporate officer, a trustee, a public officer, or other person acting in a fiduciary capacity or character, of money or
property, the possession of which has been entrusted to him by another. 18 Am J1 st Embez § 2. The word includes
misappropriation of Trifling sums, made with intent to restore in due time, and with ample present and prospective ability to
restore. United States v Summers (DC Va) 19 F 627. In statutes imposing a double liability in damages for the "embezzlement" of
property of a decedent prior to the granting of letters testamentary or letters of administration, the term means the fraudulent
appropriation or conceahnent to one's own use of estate property in one's possession. Anno: 29 ALR2d 256.
EMBEZZLEMENT BY AGENT. The crime of embezzlement committed by one in possession of the converted or
misappropriated property by virtue of his employment by a principal and the delegation of authority to do something in the name
and stead of such principal. 26 Am J2d Embez § 26.
EMBEZZLEMENT BY BAILEE. The offense of embezzlement committed by one in possession of the converted or
misappropriated property as bailee. Although the hirer of property has been held not to be within a statute of embezzlement which
includes "any bailee or other agent," it has also been held that a statute making it a crime for any carrier, bailee, or other person to
embezzle or convert to his own use property delivered to him, is not confined to bailments for the sale benefit of the bailor, but
extends to the bailee of an automobile under a hiring agreement, who fails to return the automobile. 26 Am J2d Embez § 24.
EMBEZZLEMENT BY EMPLOYEE. The criminal offense of embezzlement committed by a person who is in the employ of
another and who, in the discharge of his duties, is subject to the immediate control and direction of his employer. 26 Am J2d
Embez § 25.
EMBEZZLEMENT BY FIDUCIARY. The crime of embezzlement committed by an executor, administrator, guardian, or
broker. 26 Am J2d Embez § 31. A statute defining embezzlement by a "trustee or factor, carrier or bailee," applies to trustees,
factors, carriers, or bailees for artificial persons as well as private persons. Anno: 41 ALR 474.
MISNOMER - usage of a Dead-man’s name to convict.
MISPRISION of felony or treason. The common-law offense of failure to inform the authorities as to a treason or felony that one
has witnessed or that has come to his knowledge; the failure to prevent a felony from being committed. 21 Am J2d Crim L § 7.
The federal offense of failure to disclose a felony coupled with some positive act of concealment, such as suppression of evidence,
harboring of a criminal, intimidation of witnesses, or other positive act designed to conceal from the authorities the fact that a
crime has been committed. Bratton v United States (CAlO Okla) 73 F2d 795. The concealment or failure promptly to disclose and
make known to the President or some Judge of the United States, or to the Governor or some judge or justice of a particular state
knowledge of the commission of any treason against the United States, such concealment or failure to disclose being that of one
owing allegiance to the United States. 18 USC § 3.
MISREADING. The perpetration of a fraud upon a person who signs an instrument by purporting to read the contents to him, but
by reading something very different. First Nat. Bank of Sturgis v Deal, 55 Mich 592,593.
MISRECITAL. A misstatement of a fact or facts.
MISREPRESENTATION. The statement of an untruth. A misstatement of fact, which, if accepted, leads the mind to an
apprehension of a condition other and different from that which exists. 37 Am J2d Fraud § 2. In application for insurance.-a
statement as a fact of something which is untrue, and which the insured states with the knowledge that it is untrue and with an
intent to deceive, or which he states positively as true without knowing it to be true, and which has a tendency to mislead, where
such fact in either case is material to the risk. 29 Am J Rev ed Ins § 698.
PERPETUITY. Literally, something that lasts forever. In an artificial sense of the term, as used in the law of property, a
limitation of a contingent future interest in violation of the rule against perpetuities. A limitation, whether executory or by way of
remainder, of either real or personal property, which is not to vest until after expiration of, or will not necessarily vest within, the
period fixed (21 years of Age) and prescribed by law for the creation of future estates and interests, and which is not destructible
by persons for the time being entitled to the property subject to the future limitation, except with the concurrence of the individual
interested under that limitation. 41 Am 11 st Perp § 7.
See rule against perpetuities.
PERPETUITY OF THE KING. {in America; the King of the UNITED STATES and the STATES is the artificial
corporate sole known as “We the People”} The attribute of absolute immortality which the law of England ascribes to the king,
in his political capacity. Henry, Edward, or George may die, but the king survives them all. For, immediately upon the decease of
the reigning prince, in his natural capacity, his kingship or imperial dignity, by act of law, without any interregnum or interval, is
vested eo instanti in his heir (the new borne Americans). See I BI Comm 249.
PLEADING. A formal statement by a party to an action or proceeding of the operative facts, as distinguished from evidentiary
facts, which constitute the respective claim or defense. McMil1an v Plymouth Electric Light & Power Co. 70 Ind App 336, 123
NE 446. The allegation made by a party to an action or proceeding for the purpose of presenting or joining the issue to be tried
and determined, whether such issue is of law or of fact. 41 Am 11 st PI § 2. The science and course of allegation whereby a party
in court presents his demand or defense against the demand of the other party to be made a matter of record. Kansas City v
O'Connor, 36 Mo App 594,599.
REPRESENT. To state as a fact. To act for. To stand in the place of The proceeds of an insurance policy stand to the owner in
the place of the property lost; it is the value of the house paid by the insurance company, not because it acquires the property, but
because it agreed to pay so much for the house if destroyed by fire. Hence, if the house was exempt from execution, so also is the
insurance. Chase v Swayne, 88 Tex 218,30 SW lO49.
REPRESENTATION. A statement of a fact, truthful or untruthful Within the meaning of the law of fraud: --anything short of ~
warranty, proceeding from the words, act, or conduct of the party charged, which is sufficient to create upon the mind a distinct
impression of fact conducive to action, Pocatello Secur. Trust Co. v Henry, 35 Idaho 321, 206 P 175,27 ALR 337. In the law of
insurance-an oral or written statement by the insured or his authorized agent to the insurer or its authorized agent, made prior to
the completion of the contract, giving information as to some fact or state of facts with respect to the subject of the insurance,
which is intended or necessary for the purpose of enabling the insurer to determine whether it will accept the risk, and at what
premium. 29 Am J Rev ed Ins § 698.
The principle of descent to the eldest son of an eldest son in prejudice of proximity of blood. 23 Am J2d Desc & D § 6. The
doctrine under which a court of equity with jurisdiction to sell property may, in a proper case, alienate the contingent title or
interest of unborn remaindermen, or even the contingent title of interested persons in esse whose names and addresses are
unknown, provided all the parties are before the court who can be brought before it, and the rights of the nonexistent or as yet
unascertained parties will be represented and sufficiently defended by those who are made parties and who have motives 01 selfinterest and affection to make such defense. 31 Am J Rev ed Jud S § 13.
REPRESENTATIVE. An agent, an officer of a corporation or association, a trustee, executor, or administrator of an estate, or
any other person empowered to act for another. UCC § 1-201(35). A member of the House of Representatives in Congress or a
state legislature. A person who stands in the place of another, as heir, or in the right of succeeding to an estate of inheritance; one
who takes by representation; a person who occupies another person's place and succeeds to his rights and liabilities. Lee" Dill
(NY) 39 Barb 516, 520. A person who sues or defends in the interest of the estate of a decedent as his personal representative,
heir, devisee, legatee, or distributee. 29 Am J2d Ev § 679.
REPRESENTATIVE CAPACITY. The capacity in which one acts on behalf of some person or estate, not for himself
personally. When a party sues or is sued in such capacity, it is necessary that the capacity in which he sues or is sued should
appear in the title, to show the relation between the party and the estate represented, and that he is in court, not for himself but for
the estate he represents. Van Brunt & Davis Co. v Harrigan, 8 SD 96, 98, 76 NW 984.
REPRESENTATIVE FORM OF GOVERNMENT. A government conducted and constituted by the agency of
representatives, delegates, or deputies chosen by the people in regularly recurring elections. The definition is held to express fairly
the modem American idea of such a government. "A fraternal benefit association must have a representative form of government.
This requires that the directors or other officers who have general charge and control of the property and business of the society
and the management of its affairs shall be chosen by the membership thereof." Lange v Royal Highlanders, 75 Neb 188,106 NW
224,110 NW 1100.
REPRESENTATIVE OF A DECEASED PERSON. The executor or administrator of a deceased person, or a person or party
who has succeeded to the right of the deceased, whether by purchase, descent, or operation of law. 58 Am Jlst Witn § 237. A
person
RULE AGAINST PERPETUITIES. The rule which prohibits the creation of future interests or estates which by possibility
may not become vested within a life or lives in being at the time of the testator's death or the effective date of the instrument
creating the future interest, and twenty-one years thereafter, together with the period of gestation when the inclusion of the latter
is necessary to cover cases of posthumous birth. 41 Am Jl st Perp § 3.
RULE AGAINST POSSIBILITY ON A POSSIBILITY. The rule of the common law that in the grant or devise of property
there could not be a possibility on a possibility, and which applied to prevent a limitation for the life of an unborn person with a
limitation after his death to his unborn children to take as purchasers. 41 Am J 1st Perp ~ 5.
RULE AGAINST POSTPONEMENT OF ENJOYMENT. A rule of public policy which FORBIDS unreasonable restrictions
on the enjoyment of property. The principle has become established that no restriction on the use and enjoyment of property will
be enforced by the courts where the restriction is such that it is inconsistent with the interest or estate which has been granted or
devised. 41 Am JIst Perp § 69.
RULE AGAINST RESTRAINT ON ALIENATION. The principle that since one of the incidents of property is the right to
convey it, the law does not permit a grantor or testator to fetter the ownership of grantee or devisee by imposing a restraint on
alienation by him, thereby seeking to maintain control over alienation or use of the property. 41 Am Jl st Perp § 66. A rule giving
force to the principle that the conveyance of a title in fee simple carries with it as a necessary incident the right of free and
unlimited alienation. 41 Am Jlst Perp § 79.
RULE AGAINST SUSPENSION OF POWER OF ALIENATION. A rule under statute, distinct from the rule against
perpetuities, which prohibits the imposing of conditions in rendering property inalienable beyond a period fixed by the statute. 41
Am J1 st Perp § 2.
SLANDER OF TITLE. Words, written, printed, or uttered, which bring or tend to bring in question the right or title of another to
real or personal property. 33 Am Jlst L & S § 344. A false and malicious statement, oral or written, made in disparagement of a
person's title to real or personal property, or some property right of his. Landstrom v Thorpe (CA8 SD) 189 F2d 46, 26 ALR2d
1170. Slander of title is a false and malicious statement, oral or written, in disparagement of a person's title to real or personal
property, causing him special damage, and the essential elements of a cause of action therefore are the uttering and publication of
the slanderous words by defendant, the falsity of the words, malice, and special damages. Cawrse v Signal Oil Co. 164 Or 666,
103 P2d 729,129 ALR 174.
SLANDEROUS PER QUOD. Spoken words possibly of a noxious quality in respect of causing injury to another by prejudicing
him in reputation, office, or means of livelihood, but actionable only as their injurious effect is established by due allegation and
proof Elkins v Roberts (Ky) 242 SW2d 994,38 ALR2d 159.
SLANDEROUS PER SE. Spoken words of such nature as to be presumed by law actually and necessarily to damage the person
of and concerning whom they are spoken, so as to be actionable without extrinsic proof of their injurious character. Elkins'
Roberts (Ky) 242 SW2d 994,38 ALR2d 159.