To: lawwork@yahoogroups.com

HC is ex parte almost always but there are exceptions. The true common law HC is composed of four or five elements.

Petition which can serve as affidavit if verified.

Affidavit

Order to clerk from judge to issue the writ.

The writ

Supporting docs, from lower court, indictment, information etc.

Once these are submitted then you give the court two days to act, as all HC involve liberty interests, they are really important and the writ takes precedence over everything else. Such HC can be delivered to the judge directly on holidays, Sundays, or at all hours and it is his duty to call a clerk and meet no matter what the hour or day. Once the judge reviews the petition and paper he signs the order for the production of the key people involved which in the case of incarceration is to the sheriff or marshal to produce the prisoner. The judge then hears the Petition and any parties necessary to resolve the issue.

If the judge doesn't move on the Petition in two days, he has effectively suspended it and you move up with jurisdiction. From any court, in a week you can be in the US Supreme court, if you don't cut them any slack. The common law is often codified in the code for habeas corpus relief, however the states and feds have abused the process and substituted a false remedy known as "personal restraint petition" which is not the same. Lawyers for lack of better sense will use the latter which is just like an appeal in effective process. It can take years to complete which is actually a denial of common law due process. The personal restraint petition is not a plain, adequate or speedy remedy, it is a code remedy only.

If you look at the Washington codes about title 4 or 5, you will see all the writs codified and the conditions for habeas corpus which it says can be brought by any interested party, doesn't even have to know the prisoner, just the circumstance of unlawful incarceration or restraint of liberty. In other words anyone knowing the circumstances can file a petition and there is no cost for the petition for writ, but personal restraint petitions cost the same as appeal generally except in Federal court then it is $5.

The last one we did was a man not in jail, however his liberty was suppressed by complete economic domination to the point he couldn't afford to move or hardly could live. If you are used to making $100,000 per year and the IRS garnishes your paycheck and leaves you $550 to live on, then you may as well be in jail because at least they would house and feed you. Effectively you are under house arrest and at half the national poverty guideline, you are under severe punishment not unlike a corruption of blood or bill of pains and penalties, which are outlawed in our country.

In federal court all Constitutional issues are heard as a matter of right and jurisdiction is by virtue of the Constitution. In three filings you are in the Supreme court and the same is true of state cases as you sue the judge of the trial court and move to the state supreme court, then to the US Supreme court. However, you must be careful not to bring the suit under code, it must be under the jurisdiction of the Constitution itself for subject matter jurisdiction. In other words, you jurisdictional justification is the First Amendment, 4th, 5th, 6th or 7th, 8th, 9th, 10th amendments.

There are two things that are important in the petition:

You state there is no other plain, speedy, or adequate remedy at law. You state the civil courts are not disturbed, there is no rebellion or insurrection and there are no troops in the streets. There is no interest of the people served by incarceration.

The Feds and States can not replace or suspend the writ in times of peace, nor abrogate it by any statute at large or session law. If they replace the remedy it is a fraud, open and notorious as no man should be allowed to suffer loss of liberty for innocence. Too many are put in prison today for no reason at all, some are political and some are just in the way of some evil party wanting to dominate the other.

The only real and honest cause of incarceration is to protect the people from injury. For instance the AG of Washington said that no person could be incarcerated for malum prohibitum crimes like failure to sign a traffic ticket or a the federal level failure to file as they don't injure another in his person or property. There are no injured parties in these kind of cases and that is why under the common law, there can be no incarceration as it doesn't do anything to protect the public. In fact it is counter productive, as that party becomes a drain on society and produces no GNP or service because they are isolated from their normal jobs.

Evidently we have a very sick minded People that don't put a stop to such non sense. Every bit of product or service we produce enriches our society and when you take a working man out of work, when there is no effective protection reason other than pure domination and tyranny, then you destroy your economy and cease to protect natural and common law basic rights to freedom and productivity.

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Redemptive Dominion Missions

(Overseer: Todd Michael; Haus Von Weisser)

Temporary Post location: 8223 South Quebec, I-138,

From without the city-state of: Englewood [80112] Colorado, sojourning on Planet Earth, under the Law and Jurisdiciton of the Kingdom of Heaven