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

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284 CRIMINAL PRACTICE RULES-FORMS<br />

(2.) &mq)ilPed together [or with one Y.N. (and divers other persons to the<br />

ey-Clener8.l (or J.J,E'=.) D~RQW~)] to levy war against our said Lady<br />

ktent thereby ('e. ck9 iac (6)): And that the edd AB. [and<br />

i~rsua~ce am3 exwution of the sdd conspiracy, published a pamphlet<br />

inciting any persons who might read it to make an armed insurrection in <strong>Queensland</strong><br />

(or as the case may be, descmbe briefly the overt act or acts alleged).<br />

(3.) Instigahd [one E.F. and] divers [ather] persons to the said Attorney.<br />

General [or J.J.K.] urikno being foreigners, to make an armed invasion of<br />

nsland [or New South lee (or 58 the case my be)]: And that the said<br />

[rmd Q*D*]$ inr pura3 a d asrecution of the purpose aforesaid, sent a<br />

unicstion in writing to one G.E., offerkg to supply a vessel to the foreigcers<br />

aforesaid to convey Wzem from the islaad of 13. to Queenslmd (or as t&e case may<br />

bej describe briefly the overt act or acts deged),<br />

(4.) Our ajdd Lady the Queen then behg at war with (state the enemy),<br />

aasisted the said (enemp) by aupplying fire~ms to the said (enemy) (or as the case<br />

may &e, describe ~~e~~ the overt act or acts of assistance alleged).<br />

NO. 2.--COMCEALM:ENT OF TREASON.<br />

k%?CtiQIl 38 (1) (2).<br />

(I.) State the treason in ow of the pr$cedin~ Forms and proceed thus:--<br />

And that 33.3'. on &. at &c., bowing that the said A.B. had committed the<br />

crime aforesaid, ireoeived [or assisted] him in order to enable him, the said AB.,<br />

to escape punishment.<br />

(2,) Knowing that one E.F. intended to commit treason, that is to say,<br />

intended to [conspire with other persons to] levy war against our said Lady the<br />

Queen with intent (@e., as in Porm No. 1, (1) or (2)) [oT intended to instigate<br />

.&., as in Pom No. 1 (3)] [or intended, our said Lady the Queen being then at<br />

war with (state the enemy) to assist the said (&., as in Porm No. 1 (4),], did<br />

not give information thereof with all reasonable despatch to a justice of the<br />

peace, nor use other reasonable endeavours to.prevent the commission of the said<br />

intended crime.<br />

NO. 3.-T€tEASONABLE CRIMES.<br />

Section 39.<br />

(1.) Formed an intention to depose our said Lady the Queen from. the styIe,<br />

honour, and royal name of the Imperial Crown of the United Eingdom of Great<br />

BTitain and Ireland [or of the Comnaonivealth of Australia (or as the case may<br />

he)]: And that the said A.B. [and C.D.] manifested such intention by the acts<br />

next hereinafter stated, that is to say, by publishing a pamphlet inciting any persons<br />

who might read it to rise in insurrection against our said Lady the Queen, (0)- as<br />

the case m5y be, describe b~iefiy the overt act or acts alleged).<br />

(2.) Formed an intention to levy war against our said Lady the Queen within<br />

<strong>Queensland</strong> (or as the case may be) in order by force for constraint1 to compel<br />

our said Lady the Queen to change Her royal measures [or counsels1 tor in order<br />

to puL force (or constraint) upon (or to intimidate OY overawe) the Legislative<br />

Assembly of <strong>Queensland</strong> (or as the case may zle)]: And that the said A.B. [and<br />

C.D.] manifested such intention by (&c., as in (1)).<br />

(3.) Formed an intention to instigate qertxin foreigners to make an armed<br />

invasion of <strong>Queensland</strong> (or as tlw case may be): Pad that the said A.B. [and<br />

C.D.] manifested such intention by (&., as in (1)).<br />

NO. 4.-INCITLNG TO MUTINY.<br />

Section 41.<br />

(1.) Advisedly attempted to seduce one M.N., who was then serving in the<br />

naval forces of our said Lady the Queen by @ea. [or land.], from his duty and<br />

allegiance to our said Lady the Queen,<br />

(2.) Advisedly attempted to incite one M.N., who was then serving in the<br />

forces of our said Lady the Queen by sea [or land], to commit an act of mutiny Lor<br />

a traitorous (or mutinous) act].<br />

(3.) Advisedly attempted to incite one M.N. and others who were then serving<br />

in the forces of our said Lady the Queen by 6ea [or land], to make [or endeavour<br />

to make] a mutinous assembly.

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