Respond To:
Christian Appellation
c/o General Delivery Location

December 11, 1997

Respondent’s name
Address

«Court»

Christian Appellation
Petitioner/Plaintiff,  
vs.  
Respondent,
Defendant/Respondent.		Cause No. «Cause_No»  

PRAECIPE TO THE CLERK OF COURTS  (WRIT OF INSTRUCTION TO THE CLERK OF COURTS) Regarding Petitioner's Petition to the «Court», for the issuance of a  Writ of habeas Corpus	

Comes now Christian Appellation, in Special Visitation and Not an "Appearance", upon the clerk of the court to Notice the Clerk that the Petitioner, has filed with the «Court», under cause no. «Cause_No», a Petitioner for a Writ of Habeas Corpus.

1. Purpose of a Writ of Habeas Corpus
.The Petitioner Notices the clerk of the «Court», by way of the ancient Writ of Praecipe (Writ of Instruction to the Clerk of the Court) to take special notice of WSL 1881 § 666; codified in RCW 7.36.010 to wit:
Every person restrained of his liberty under any pretense whatever, may prosecute a writ of habeas corpus to inquire into the cause of the restraint, and shall be delivered therefrom when found illegal.

.The Petitioner Notices the clerk of the «Court», by way of the ancient Writ of Praecipe (Writ of Instruction to the Clerk of the Court) to take special notice of the following description of the term LIBERTY to wit:
The term "Liberty" means Freedom, exemption from extraneous control, the power of the will to follow the dictates of its unrestricted choice, and to direct the external acts of the individual without retrain, coercion, or control from other parties.  The term "Liberty" includes and comprehends all personal rights and their enjoyment.  The term "Liberty" includes but is not limited to, freedom/right from duress, freedom/right from governmental interference in exercise of intellect, in information of opinions, in the expression of them, and in action or inaction dictated by judgment, the freedom/right from servitude, freedom/right from imprisonment or restraint without lawful Constitutional due process of law, the freedom/right in the use of all of one's powers, faculties and property, freedom of contract, the freedom/right of travel, the freedom/right of religion, the freedom/right of speech, the freedom/right of self defense against unlawful violence, the freedom/right to acquire and enjoy property, the freedom/right to acquire knowledge, the freedom/right to carry on business, the freedom/right to earn a livelihood in any lawful calling, the freedom/right to enjoy to the fullest extent the privileges and immunities given or assured by law to the people living within the union of the United States of America, the freedom/right to demand the nature and cause of any allegation made against a citizen, etc...

.The Petitioner Notices the clerk of the «Court», by way of the ancient Writ of Praecipe (Writ of Instruction to the Clerk of the Court) to take special notice of WSL 1989 c 395 § 1; codified in RCW 10.73.090(2) to wit:
For the purposes of this section, "collateral attack" means any form of post conviction relief other than a direct appeal. "Collateral Attack" includes, but is not limited to, a personal restraint petition, A HABEAS CORPUS PETITION, a motion to vacate judgment, a motion to withdraw guilty plea, a motion for a new trail, and a motion to arrest judgment.

2. ELEMENTS OF A HABEAS CORPUS PETITION

.The Petitioner Notices the clerk of the «Court», by way of the ancient Writ of Praecipe (Writ of Instruction to the Clerk of the Court) to take special notice of WSL 1881 § 667; codified in RCW 7.36.030 to wit:
"Application for the writ shall be made by petition, signed and verified either by the plaintiff or by some person in his behalf, and shall specify:

(1) By whom the petitioner is restrained of his liberty, and the place where (naming the parties if they are known, or describing them if they are unknown).
(2) The cause or pretense of the restraint according to the best of the knowledge and belief of the applicant.
(3) If the restraint is alleged to be illegal, in what the illegality consists."

.The Petitioner Notices the clerk of the «Court», by way of the ancient Writ of Praecipe (Writ of Instruction to the Clerk of the Court) to take special notice of the attached Petition for a Writ of Habeas Corpus, Writ of Habeas Corpus and Notice of Hearing, and Respondent's proposed answers to Writ of Habeas Corpus.
.The Petitioner Notices the clerk of the «Court», that the Application meets the requirements of WSL 1881 § 667; codified in RCW 7.36.030.

3. WHO SHALL GRANT AND ISSUE A WRIT OF HABEAS CORPUS
.The Petitioner Notices the clerk of the «Court», by way of the ancient Writ of Praecipe (Writ of Instruction to the Clerk of the Court) to take special notice of WSL 1971 c 81 § 31; codified in RCW 7.36.040 to wit:
"Writs of habeas corpus may be granted by the supreme court, the court of appeals, or superior court, or by any judge of such courts, and upon application the writ SHALL be granted without delay".

.The Petitioner Notices the clerk of the «Court», by way of the ancient Writ of Praecipe (Writ of Instruction to the Clerk of the Court) to take special notice of WSL 1881 § 687; codified in RCW 7 .36.240  to wit:
"All writs and other process authorized by this chapter SHALL be issued by the clerk of the court, and sealed with the seal of such court, and SHALL be served and returned forthwith, unless the court or judge SHALL specify a particular time for such return.  And no writ or other process SHALL be disregarded for any defect therein, if enough is shown to notify the officer or person of the purport of the process....".

.The Petitioner Notices the clerk of the «Court», by way of the ancient Writ of Praecipe (Writ of Instruction to the Clerk of the Court) to take special notice of RAP 16.3(b) to wit:
"The procedure established by rules 16.3 through 16.15 for a personal restraint petition supersedes the appellate procedure formerly available for a petition for a writ of habeas corpus and for an application for post-conviction relief, unless one of these rules specifically indicates to the contrary.  These rules do not supersede and do not apply to habeas corpus proceedings initiated in the superior court".

.The Petitioner Notices the clerk of the «Court», that it is the duty of the clerk of the «Court» to issue the Petitioners writ of Habeas Corpus without delay.
4. TO WHOM THE WRIT OF HABEAS CORPUS IS TO BE DELIVERED BY CLERK OF THE «Court»

.The Petitioner Notices the clerk of the «Court», by way of the ancient Writ of Praecipe (Writ of Instruction to the Clerk of the Court) to take special notice of WSL 1881 § 670; codified in RCW 7.36.060 to wit:
"If the writ be directed to the sheriff, it shall be delivered by the clerk to him without delay".

.The Petitioner Notices the clerk of the «Court», by way of the ancient Writ of Praecipe (Writ of Instruction to the Clerk of the Court) to take special notice of WSL 1881 § 671; codified in RCW 7.36.070 to wit:
"If the writ be directed to any other person, it shall be delivered to the sheriff and shall be by him served by delivering same to such person without delay".

6. ISSUANCE OF A WRIT OF HABEAS CORPUS ENTITLES THE PETITIONER TO RELEASE FROM RESTRAINT OF LIBERTY, ONLY IF THE RESTRAINT IS FOUND TO BE ILLEGAL

.The Petitioner Notices the clerk of the «Court», by way of the ancient Writ of Praecipe (Writ of Instruction to the Clerk of the Court) to take special notice WSL 1881 § 676; codified in RCW 7.36.120 to wit:
"The court or judge shall thereupon proceed in a summary way to hear and determine the cause, and if no legal cause be shown for the restraint or for the continuation thereof, shall discharge the party" .

7. LIMITATION OF CIVIL LIABILITY

.The Petitioner Notices the clerk of the «Court», by way of the ancient Writ of Praecipe (Writ of Instruction to the Clerk of the Court) to take special notice of WSL 1881 § 681; codified in RCW 7.36.180 to wit:
"No sheriff or other officer be liable to a civil action for obeying any writ of habeas corpus or order of discharge made thereon".

8. DUTY AND OBLIGATION OF THE CLERK OF THE «Court»
.The Petitioner Notices the clerk of the «Court», by way of the ancient Writ of Praecipe (Writ of Instruction to the Clerk of the Court) to take special notice Article 1 § 9 of the Constitution of the United States of America and Article 1 § 13 of the Constitution of the Republic/State of Washington which provides to wit:
"The privilege of the Writ of Habeas Corpus shall not be suspended, unless in cases of rebellion or invasion the public safety requires it".

.The Petitioner in special visitation, and not by appearance, Notices the clerk of the court, by way of the ancient Writ of Praecipe (Writ of Instruction to the Clerk of the Court)  of the Clerks mandatory Duty, pursuant to public law 1871, ch 22, § 6, 17 Stat. 15, codified in 42 U.S.C. 1986, to wit:
Every person who, having knowledge that any of the wrongs conspired to be done, and mentioned in section 1985 of this title, are about to be committed, and having the power to prevent or aid in preventing the commission of the same, neglects or refuses so to do, if such wrongful act be committed, shall be liable to the party injured, or his legal representatives for all damages caused be such wrongful act, which such person be reasonable diligence could have prevented; and such damages may be recovered in an action on the case; and any number of persons guilty of such wrongful neglect or refusal may be joined as defendants in the action..."

.The Petitioner Notices the clerk of the «Court», by way of the ancient Writ of Praecipe (Writ of Instruction to the Clerk of the Court) to take special notice that the Petitioners petition for a writ of habeas corpus makes the clerk of the «Court» knowledgeable of the wrongs mentioned in U.S.C. 42 § 1985 and unless it can be shown in writing by the clerk of the «Court» that the conditions exist as prescribed by the Constitution of the United States of America and the Constitution of the Republic State of Washington, that is, that due to a state of rebellion or invasion the writ of habeas corpus has been suspended, it is the duty and obligation of the clerk of the «Court» to ISSUE AND DELIVER the ATTACHED WRIT OF HABEAS CORPUS without delay.

Date this the _________ day of the __________ month of 1997
_____________________________________________
«Petitioner», Visiting Party