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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 absol te !iniste"ial "i#$t, %"est"icte& appea"ance an& NOT GENERALL'( n&e" A&!i"alty R le E)*+)a+ an& R le E ),+" as made more explicit under !"#$#% 075 & '(%#) (* + ,%+#)% - APP A+A') . A-.#% & /ibellee0s1 listed in this document admit0s1 to the truth that Affiant does hereby "Appear" by 2ay of this document.

!"#$#% 075 & '(%#) (* + ,%+#)% - APP A+A')


%he purpose of +ule 031 limits the assumpsit to only the ink on the contract that proper notification has been served. ,upplimental +ules of Admiralty, +ule 031 Rest"icte& Appea"ance- An appearance to defend a4ainst an Admiralty or .aritime claim 2ith respect to 2hich there has issued process in rem, or process of attachment and 4arnishment 2hether pursuant to these ,upplemental +ules or to +ule 50e1, 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 2ith respect to 2hich such process is not available or has not been served. #t is 2ell kno2n that "appearances" can be made in 2ritin4 because a response constitutes an "appearance." Wieser v. Richter, 657 .ich. 56, 665 '.7. 556, 558. ,ee the several definitions of "appearance" in $lack9s /a2 -ictionary, *ourth dition 2ith :uide to Pronunciation. %he +e4istered letter cited supra 2as the )ompany9s "ans2er" to said subpoena. De.inition/ - $ ' ,, & A technical phrase applied to certain proceedin4s 2hich are deemed to be 2ell done for the present, or until an exception or other avoidance 0i.e., 9conditionally91. *or example, a declaration is filed or delivered, special bail put in, 2itness examined, etc. de bene esse, or 4ood for the present. 7hen a ;ud4e has a doubt as to the propriety of findin4 a verdict, he may direct the ;ury to find one de bene esse; 2hich verdict, if the court shall after2ards be of opinion it ou4ht to have been found, shall stand.

De Bene Esse is ",pecial Appearance" in the 'ature of a +estricted Appearance.


"An 0appea"ance &e bene esse0 is desi4ned to permit a party to a proceedin4 to refuse to submit his person to the ;urisdiction of the court unless it is finally determined that he has forever 2aived that ri4ht." Farmers Trust Co. v. Alexander, < A.6d 6<6, 6<5 An "appearance de bene esse" is therefore a ,pecial Appearance desi4ned to allo2 the Accused

to meet and dischar4e the contractual re=uirement of makin4 an appearance, and at the same time, to "e. se to s b!it t$e!sel. to t$e J "is&iction of any alle4ed Plaintiff, hence of the )ourt, unless and until some ;udicial department Prosecutor makes all &isclos "es, specifically by producin4 a )omplaint of dama4e and>or in;ury, si4ned and verified by the in1 "e& pa"ty. ?*or this reason, Affiant has, from the be4innin4, re=uested clarity of the "contract" and vali& 0not verified1 assessment.@ Attribution of le4al ri4hts and duties to a ;uristic person ot$e" t$an !an is necessarily a metaphorical process. And none the 2orse for it. 'o doubt, "2etap$o"s in la3 a"e to be na""o3ly 3atc$e&." )ardoAo, B., in Berkey v. Third Avenue R. Co., 655 '.C. 35, D5. "4 t all inst" !ents o. t$o #$t s$o l& be na""o3ly 3atc$e& lest t$ey be ab se& an& .ail in t$ei" se"vice to "eason." ,ee U.S. v. SC !" #$ C R!. F A%ER&CA, 888 E.,. 7D5; <3 ,.)t. 355; FD53 E.,." "As stated in Gobel v. Gobel, F5F )al. D3 ?D0 P. FDF@, it is the 4eneral rule that if an appearance is for any purpose other than to =uestion the ;urisdiction of the court it is 4eneral." 0Pfeiffer v. Ash, D6 )al.App.6d F06, F05 ?60< P.6d 583@. ,ee also .ilstein v. (4den, 35 )al.App.6d 66D, 685 ?FD0 P.6d 8F6@; ,helley v. )asa -e (ro, /td., F88 )al.App. 760, 768 ?65 P.6d D00@.1 ... (ur ,upreme )ourt said in #n re )larke, F65 )al. 833, 8D6 ?53 P. 66@H "(n 4eneral principles, a statement that a defendant or party makes a special appearance is of no conse=uence 2hatever. #f he appears and ob;ects only to the consideration of the case, or to any procedure in it, because the court has not ac=uired ;urisdiction of the person of the defendant, the appearance is special, and no statement to that effect in the notice or motion is re=uired or could have any effect if made." )(. , by ,pecial, +estricted Appearance only, and not 4eneral appearance, Bohn&IuincyH Bones, sui juris, as himself in flesh and blood, 2ho 2ith respect, demands the court certify its ;urisdiction and facts necessary to form a responsive document. %he character of the ;urisdiction of the court has heretofore not been revealed and # cannot be compelled or expected to plead or respond into any tribunal as a hood2inked party. 7herefore, # the in;ured party, demand the )ourt certify ans2er to the follo2in4 =uestions authoriAed by the E.,. )onstitution, )alifornia )onstitution and standin4 ;urisprudenceH F. #s the Enited ,tates -istrict )ourt for )alifornia, ,outhern -ivision actin4 under and sub;ectin4 its citiAens to a ,tate of 7ar or a ,tate of PeaceJ 6. #s the Enited ,tates -istrict )ourt for )alifornia, ,outhern -ivision operatin4 under the or4anic )onstitution for the +epublic Enited ,tates of America, the Eniform )ommercial )ode, or the Enited 'ations )harterJ 8. #s the Enited ,tates -istrict )ourt for )alifornia, ,outhern -ivision operatin4 under *ederal Admiralty & .aritime Burisdiction, and i. so, please certify for the record 2here the necessary #nternational Admiralty & .aritime contract 2hich respondent had to have si4ned 2illin4ly,

intentionally, and deliberately can be found and examinedJ