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

CRIMINAL PRACTICE RULES-FORMS 285
NO. 5.-ASSISTING ESCAPD OF PRISONElRS OF WAR.
Section 42.
(1.) Knowingly and advisedly aided one M.N., then being an alien enemy of
our said Lady the Queen, and then being a prisoner of war in Queensland, to escape
from the prison [or place] wherein he wafj then confined [or and then being at
large on his parole, to escape from Queensland].
(2.) State the place of c o ~ ~ i ~ the t i offence n ~ thus: On the high seas within
the territorial waters of Queensland and proceed thus:
Being a person who then owed allegiance to our said Lady the Queen, did, after
one M.N., then being an alien enemy of our said Lady the Queen, and being a
prisoner of war, had escaped by sea from Queensland [or New South Wales (or as
the case may be)], aid the said M.N. in his escape to [or towards] another place
[or dominion], namely, British New Guinea (or as the case may be).
II.-SFDITION.
No. 6.-UNLAWFUL OATHS TO COMMIT CAPITAL OFFENCES.
Section 47.
(1.) Administered [or Was present at and consented to the administering] to
one M.N. [of] an oath [or an engagement in the nature of an oath1 purporting to
bind the said M.N. to commit a crime punishable with death, namely, the erime of
treason (or as the ease may be).
(2.) Took an oath [or an engagement in ;he nature of an oath] purporting
to bind him to commit a crime punishable with death, namely, the crime of treason
(or as the cas8 may be), he the said A.B. not being then compelled to take such
oath [or engagement].
(3,) Attempted to induce one M.N. to take an oath [or in engagement in
the nature of an oath] purporting to bind the said M.N. to commit a crime
punishable with death, namely, the crime of treason (or as the case may be).
NO. 7.-OTHER UNLAWFUL OATHS TO COMMIT OFFENCES.
Section 48.
(1.) Administered [or Was present at and consented to the administering] to
one M.N. [of] an oath [or an engagement in the nature of an oath] purporting to
bind the said M.N.
(a) to engage in a mutinous [or seditious] enterprise;
or (b) to commit an indictable offence not punishable with death, namely,
(state the offence).
or (c) to disturb the public peace;
or (d) to be a member of an association [or soeiety.0~ confederacy] formed
for the purpose of engaging in a mutinous [or seditious] enterprise [or of committing
an indictable offence not punishable with death, namely, (state the offence)
or of disturbing the public peace];
or (e) to obey the order [or commands] of a committee [or body] of men not
lawfully constituted [or of a leader (or commander or person) not having authority
of law to give such order (or commands)] ;
or (f) not to inform or give evidence against any person associated [or confederated7
with him [or against certain persons who had then lately committed an
indictable offence (or as the case may be)];
OT (9) not to reveal [or discover] a certain unlawful association [or society
or confederacy] then existing ;
+or (h) not to reveal [or discover] any ihegal act theretofore done [or that
might thereafter be done] by himself [or by certain persons then associated (or
to be associated) with him] [or (the import of) any illegal oath (or en agemeht)
that might have been administered (or tendered to or taken by) himself tor certain
persons then associated (or to be associated) with him) 1.
(2.) Took an oath [or an engagement in the nature of an oath] purporting to
bind him (&A, as in (I)), he the said A.B. not being then compelled to take such
oath [or engagement].
(3.) Attempted to induce one M.N., to take an oath [or an engagement in the
nature of an oath] purporting to bind him the said M.N. (@., as in (1)).