The Criminal Code Act 1899 - Ozcase Queensland Historical Legal ...

274 OrderXI CRIMINAL PRACTICE RULES
any such money and has paid it over to any other person in due course
of law shall be liable to repay to the plaint3 in error any part of the
money so paid over.
P6. Default. If the plaintiff in error makes default in prosecuting the
proceedings of error with effect, or in any other way makes default in
performance of the conditions of his recognizance or security, the Court
or a Judge may estreat the recognizance or enforce the security in a
summary way, and may order the Memorandum of Appeal in Error or
the writ of error to be quashed without argument; and in every such
case the plaintiff in error shall be liable to execution upon the judgment
and a Judge may forthwith issue a warrant under his hand for the arrest
of the plaintiff in error accordingly.
epiaid to be again P
~~~~~~. When the judgment
against a plaintiff in error is for payment of a fine and impris~nment
until such fine be paid, either with or without imprisonment for a certain
time, then, if the plaintiff in error has paid the fine, and the same or any
part thereof has been levied and has been received back under the
provisions of Rule 15 of this Order, and the judgment of the Court below
is affirmed, the plaintiff in error shall not be entitled, by reason of such
payment, to be discharged from imprisonment, n~twithstan~ing the
expiration of any certain time of imprisonment for which the original
judgment was given, until the fine is again paid.
ORDER XI
ARTICLES OF THE PEACE
I. Leave to File. Any person may, by leave of the Court or a Judge, file
in the Registry a statement in writing, hereinafter called “Articles of the
Peace,” setting forth that some other person has threatened to do to the
complainant, or to his wife or child, or to some person under his care or
charge, some bodily injury, or to burn or injure his house, or otherwise
to commit some breach of the peace towards him or his wife or child
or such other person, or to procure others to commit such a breach of
the peace or to do such an injury, or has used language indicating an
intention to commit such a breach of the peace or to do such an injury,
or procure it to be committed or done, and that the complainant is in
fear of the person so accused, and desires that he may be required to
find sufficient sureties to keep the peace.
erne. The application must be supported by affidavits showing
that the complainant has good reason to seek the assistance of the Court.
The affidavits shall be entitled “In the Supreme Court of
Queensland” only.
3. Form of Artides. The Articles must set forth in detail the facts relied
upon by the complainant, and must be verified by his oath. Affidavits in
confirmation may be filed at any time before the application in the next
following Rule mentioned.
The Articles and all subsequent proceedings shall be entitled “The
Queen on the complaint of A.B. against C.D.”