The first term is COLOR Color. An appearance, semblance, or simulacrum, as
distinguished from that which is real. A prima facie or
apparent right. Hence, a deceptive appearance; a plausible, assumed exterior, concealing a lack of reality; a
disguise or pretext. See also Colorable.
In pleading, ground of action admitted to subsist in
the opposite party by the pleading of one of the parties
to an action, which is so set out as to be apparently
valid, but which is in reality legally insufficient. A term of the ancient rhetoricians, and early adopted into
the language of pleading. It was an apparent or prima
facie right; and the meaning of the rule that pleadings
in confession and avoidance should give color was that
they should confess the matter adversely alleged, to
such an extent, at least, as to admit some apparent right
in the opposite party, which required to the encountered
and avoided by the allegation of new matter. Color was
either express, i.e. inserted in the pleading, or implied,
which was naturally inherent in the structure of the
pleading. Wheeler v. Nickels, 168 Or. 604, 126 P.2d 32,
Colorable. That which is in appearance only, and not in
reality, what it purports to be, hence counterfeit,
feigned, having the appearance of truth. Windle v.
Flinn, 196 Or. 654, 251 P.2d 136, 146.
Colorable alteration. One which makes no real or
substantial change, but is introduced only as a subterfuge or means of evading the patent or copyright law.
Colorable cause or invocation of jurisdiction. With
reference to actions for malicious prosecution, a “colorable cause or invocation of jurisdiction” means that a
person, apparently qualified, has appeared before a justice and made a complaint under oath and in writing,
stating some facts which in connection with other facts
constitute a criminal offense or bear a similitude thereto.
Colorable claim. In bankruptcy law, a claim made by
one holding the property as an agent or bailee of the
bankrupt; a claim in which as a matter of law, there is
no adverseness. See also Color.
Colorable imitation. In the law of trademarks, this
phrase denotes such a close or ingenious limitation as to
be calculated to deceive ordinary persons.
Colorable transaction. One presenting an appearance
which does not correspond with the reality, and, ordinarily, an appearance intended to conceal or to deceive.
Colored. By common usage in America, this term, in
such phrases as “colored persons,” “the colored race,”
“colored men,” and the like, is used to designate negroes
or persons of the African race, including all persons of
mixed blood descended from negro ancestry.
Colore officii Ik;}16riy ;}fishiyay I. Lat. By color of
office. Officer’s acts unauthorized by officer’s position,
though done in form that purports that acts are done by
reason of official duty and by virtue of office. See also
Color of office.
Color of authority. That semblance or presumption of
authority sustaining the acts of a public officer which is
derived from his apparent title to the office or from a
writ or other process in his hands apparently valid and
regular. See Color of law; Color of office.
Color of law. The appearance or semblance, without
the substance, of legal right. Misuse of power, possessed
by virtue of state law and made possible only because
wrongdoer is clothed with authority of state, is action taken under “color of state law.” Atkins v. Lanning,
D.C.Okl., 415 F.Supp. 186, 188.
When used in the context of federal civil rights statutes or criminal law, the term is synonymous with the
concept of “state action” under the Fourteenth Amendment, Timson v. Weiner, D.C.Ohio, 395 F.Supp. 1344,
1347; and means pretense of law and includes actions of
officers who undertake to perform their official duties,
Thompson v. Baker, D.C.Ark., 133 F.Supp. 247; 42 U.S.
C.A. § 1983. See Tort (Constitutional tort).
Action taken by private individuals may be “under
color of state law” for purposes of 42 U.S.C.A. § 1983
governing deprivation of civil rights when significant
state involvement attaches to action. Wagner v. Metropolitan Nashville Airport Authority, C.A.Tenn., 772 F.2d
227, 229.
Acts “under color of any law” of a State include not
only acts done by State officials within the bounds or
limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority;
provided that, in order for unlawful acts of an official to
be done “under color of any law”, the unlawful acts
must be done while such official is purporting or pretending to act in the performance of his official duties;
that is to say, the unlawful acts must consist in an abuse
or misuse of power which is possessed by the official
only because he is an official; and the unlawful acts
must be of such a nature or character, and be committed
under such circumstances, that they would not have
occurred but for the fact that the person committing
them was an official then and there exercising his
official powers outside the bounds of lawful authority.
42 U.S.C.A. § 1983.
Color of office. Pretense of official right to do act made
by one who has no such right. Kiker v. Pinson, 120
Ga.App. 784, 172 S.E.2d 333, 334. An act under color of
office is an act of an officer who claims authority to do
the act by reason of his office when the office does not
confer on him any such authority. Maryland Cas. Co. v.
McCormack, Ky., 488 S.W.2d 347, 352. See also Color of
law.
Color of state law. See Color of law.
Color of title. The appearance, semblance, or simulacrum of title. Also termed “apparent title.” Any fact,
extraneous to the act or mere will of the claimant,
which has the appearance, on its face, of supporting his
claim of a present title to land, but which, for some
defect, in reality falls short of establishing it. Howth v.
Farrar, C.C.A.Tex., 94 F.2d 654, 658. That which is a
semblance or appearance of title, but is not title in fact
or in law. McCoy v. Lowrie, 42 Wash.2d 24, 253 P.2d
415, 418. Any instrument having a grantor and grantee, and containing a description of the lands intended to
be conveyed, and apt words for their conveyance, gives
color of title to the lands described. Such an instrument
purports to be a conveyance of the title, and because it
does not, for some reason, have that effect, it passes only
color or the semblance of a title.
(I know and completely understand that this is a lot of information and it covers a great deal of topics so it is, as designed, very convoluted and hard to follow).
(The first thing I hope you recognize is that COLOR means deception, fraud, lies and the illusion of power or authority. It does not constitute anything resembling power, truth or authority!)
(The second thing I hope you recognize very fast is a serious fear and dread that we have a government that has to create a legally accepted and widely used term for deceiving the uninformed public)
(Now what you might have missed is how to identify this fraud and abuse. I am going to help you to recognize when anything is in COLOR and is meant to deceive you. Anytime you are presented with a form, a official record or document, a court summons or a tax form or bill; then you are being handed a item of deception meant to deceive and capture you by a office that is pretending to have such and such authority and requires you to comply in order to claim such power. In other words this form or document, order or bill needs to be complied to in order to give the office which sent it to you to be accepted as having the authority to write or send or deliver such document or command.)
(To put it simply; who ever issued you the official document is hoping that you will believe the same lie that your neighbors have so that you don’t question whether or not they have the authority to issue such a order, document or command.)
(Now again, any time you are sent, issued or have delivered to you a form, order, command or bill you can now know without a shadow of doubt that it is not worth the ink or the paper..UNLESS YOU GIVE IT A RESPONSE which then grants full authority to such document or office.)
(This is enough for today because you are probably going to need to read this a few times in order to give it a chance to sink in and get true understanding of what you have read so far.)
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