EXHIBIT 075 - NOTICE of Restricted Appearance

3

Click here to load reader

Transcript of EXHIBIT 075 - NOTICE of Restricted Appearance

Page 1: EXHIBIT 075 - NOTICE of Restricted Appearance

Point 075. Affiant has no record or evidence that Affiant does not make an "Appearance" by offer and presentment of this document, as per; "a special visitation TO CHALLENGE ALL JURISDICTION, by absolute ministerial right, “restricted appearance and NOT GENERALLY” under Admiralty Rule E(5)(a) and Rule E (8)" as made more explicit under EXHIBIT 075 - NOTICE OF RESTRICTED APPEARANCE.

ADMIT - Libellee(s) listed in this document admit(s) to the truth that Affiant does hereby "Appear" by way of this document.

EXHIBIT 075 - NOTICE OF RESTRICTED APPEARANCE

The purpose of Rule E(8) limits the assumpsit to only the ink on the contract that proper notification has been served.

Supplimental Rules of Admiralty, Rule E(8)Restricted Appearance. An appearance to defend against an Admiralty or Maritime claim with respect to which there has issued process in rem, or process of attachment and garnishment whether pursuant to these Supplemental Rules or to Rule 4(e), may be expressly restricted to the defense of such claim, and in that event shall not constitute an appearance for the purposes of any other claim with respect to which such process is not available or has not been served.

It is well known that "appearances" can be made in writing because a response constitutes an "appearance." Wieser v. Richter, 247 Mich. 52, 225 N.W. 542, 543. See the several definitions of "appearance" in Black's Law Dictionary, Fourth Edition with Guide to Pronunciation. The Registered letter cited supra was the Company's "answer" to said subpoena.

Definition: DE BENE ESSE - A technical phrase applied to certain proceedings which are deemed to be well done for the present, or until an exception or other avoidance (i.e., 'conditionally'). For example, a declaration is filed or delivered, special bail put in, witness examined, etc. de bene esse, or good for the present.

When a judge has a doubt as to the propriety of finding a verdict, he may direct the jury to find one de bene esse; which verdict, if the court shall afterwards be of opinion it ought to have been found, shall stand.

De Bene Esse is "Special Appearance" in the Nature of a Restricted Appearance."An 'appearance de bene esse' is designed to permit a party to a proceeding to refuse to submit his person to the jurisdiction of the court unless it is finally determined that he has forever waived that right." Farmers Trust Co. v. Alexander, 6 A.2d 262, 265

An "appearance de bene esse" is therefore a Special Appearance designed to allow the Accused

Page 2: EXHIBIT 075 - NOTICE of Restricted Appearance

to meet and discharge the contractual requirement of making an appearance, and at the same time, to refuse to submit themself to the Jurisdiction of any alleged Plaintiff, hence of the Court, unless and until some judicial department Prosecutor makes all disclosures, specifically by producing a Complaint of damage and/or injury, signed and verified by the injured party . [For this reason, Affiant has, from the beginning, requested clarity of the "contract" and valid (not verified) assessment.]

Attribution of legal rights and duties to a juristic person other than man is necessarily a metaphorical process. And none the worse for it. No doubt, "Metaphors in law are to be narrowly watched." Cardozo, J., in Berkey v. Third Avenue R. Co., 244 N.Y. 84, 94. "But all instruments of thought should be narrowly watched lest they be abused and fail in their service to reason." See U.S. v. SCOPHONY CORP. OF AMERICA, 333 U.S. 795; 68 S.Ct. 855; 1948 U.S."

"As stated in Zobel v. Zobel, 151 Cal. 98 [90 P. 191], it is the general rule that if an appearance is forany purpose other than to question the jurisdiction of the court it is general." (Pfeiffer v. Ash, 92 Cal.App.2d 102, 104 [206 P.2d 438]. See also Milstein v. Ogden, 84 Cal.App.2d 229, 235 [190 P.2d 312]; Shelley v. Casa De Oro, Ltd., 133 Cal.App. 720, 723 [24 P.2d 900].)...Our Supreme Court said in In re Clarke, 125 Cal. 388, 392 [58 P. 22]: "On general principles, a statement that a defendant or party makes a special appearance is of no consequence whatever. If he appears and objects only to the consideration of the case, or to any procedure in it, because the court has not acquired jurisdiction of the person of the defendant, the appearance is special, and no statement to that effect in the notice or motion is required or could have any effect if made."

COMES by Special, Restricted Appearance only, and not general appearance, John-Quincy: Jones, sui juris, as himself in flesh and blood, who with respect, demands the court certify its jurisdiction and facts necessary to form a responsive document. The character of the jurisdiction of the court has heretofore not been revealed and I cannot be compelled or expected to plead or respond into any tribunal as a hoodwinked party. Wherefore, I the injured party, demand the Court certify answer to the following questions authorized by the U.S. Constitution, California Constitution and standing jurisprudence:

1. Is the United States District Court for California, Southern Division acting under and subjecting its citizens to a State of War or a State of Peace?

2. Is the United States District Court for California, Southern Division operating under the organic Constitution for the Republic United States of America, the Uniform Commercial Code, or the United Nations Charter?

3. Is the United States District Court for California, Southern Division operating under Federal Admiralty - Maritime Jurisdiction, and if so, please certify for the record where the necessary International Admiralty - Maritime contract which respondent had to have signed willingly,

Page 3: EXHIBIT 075 - NOTICE of Restricted Appearance

intentionally, and deliberately can be found and examined?