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

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CRIM,INAL PRACTICE RULES-FORMS 295<br />

NO. 50.-ABUSE QF OFFICE.<br />

Section 92.<br />

Being employed in the Public Service of <strong>Queensland</strong> in the capacity of (state<br />

the capacity), did, in abuse of the authority of his said office, unlawfully a d<br />

arbitrarily refuse to receive the tender of one E.F. to undertake certain work for<br />

the Government of <strong>Queensland</strong> [or direct one M.N.? who was then under his<br />

orders, to refuse to allow one E.F. to inspect certam records of the Warden’s<br />

Court at A. which the said E.F. was lawfully entitled to inspect (or as 3he case<br />

may be)] whereby the said E.F. was prejudiced in his lawful rights.<br />

[And the said Attorney-General (or J.J.K.) further says that the said A.B.<br />

did the unlawful act aforesaid (or directed the unlawful act aforesaid to be done)<br />

for the purposes of gain].<br />

NO. 51.--CO;RRUPTION OF SURVEYOR AND VALUATOR.<br />

Section 93.<br />

(1.) Having been duly appointed under “<strong>The</strong> Public Torks Lands Resuinption<br />

<strong>Act</strong> of 1878” (or as the case may be, describe the <strong>Act</strong> by its short title, if any, OT<br />

by the year and number) to be a valuator for determining the compensation to<br />

be paid to one M.N. for land compulsorily taken from him [or for injury done t.0<br />

certain land] under the authoriiy of the said <strong>Act</strong>, acted as such valuator while hs<br />

had an interest in the said land, as he then well knew.<br />

(2.) Having been appointed (be. as in (l).) exercised unfaithfully [or dis-<br />

honestly or with partiality] the duty of making a valuation of the said land [or of<br />

the extent of the said injury].<br />

No. 52.-FAI;SE CERTIFICATES BY PUBLIC OFFICERS.<br />

Section 94.<br />

Being then authorised [or required] by law to give a certificate touching the<br />

composition of a parcel of food then lately delivered to him for analysis (or as the<br />

case may be, state the natttre of the matter touching which the certificate is to be<br />

given, so as to show that the rights of some person might be prejudicially affected<br />

by it), gave a certificate touching the same which was to his knowledge false in a<br />

material particular, namely, in that it was thereby stated that (state the false<br />

statement), whereas in truth (state the truth).<br />

NO. 53.-ADMINISTERING EXTRA JUDICIAL OATHS.<br />

Section 95.<br />

(1.) Being a justice of the peace [or commissioner for affidavits, or as the case<br />

may be], unlawfully administered to one M.N. an oath [or unlawfully took the<br />

solemn declaration (or solemn affirmation or affidavit) of one M.N.] touching<br />

certain matters with respect to mhieh he had not by law any authority to do SO;<br />

that is to say, an oath [or solemn declaration or solemn affirmation or affidavit]<br />

touching (state the subject matter so as to show that it is not one with respect to<br />

which the justice or other person had authority to administer an oath).<br />

In. tlw case of a justice add which said oath [or declaration or aErmation or<br />

affidavit] was not administered [OT taken] in any matter relating to the preserva-<br />

tion of the peace or the punishment of offences, or relating to any inquiry respecting<br />

sudden death, or to any proceedings before either House of Parliament or a<br />

Committee thereof, and was not an oath [or declaration or affirmation or affidavit]<br />

administered [or taken] for any purpose which was lawful under the laws of any<br />

other country, nor for the purpose of giving validity to an instrument in writing<br />

which was intended to be used in any other country.<br />

NO. 54.--FALSE ASSU&fPTION OF AUTHORITY.<br />

Section 96.<br />

(1.) Not being a justice of the peace, assumed to act as a justice in granting<br />

a warrant for the arrest of one E.F. on a charge of stealing (or as the case may be).<br />

(2.) Without authority assumed to act as a person having authority by law to<br />

administer an oath [or to take a solemn declaration (OT solemn affirmation or<br />

affidavit)] [or to act as an officer of the Defence Force (or as the case may be)].<br />

(3.) Represented himself to one E.F. to be a person authorised by law to sign<br />

a document testifying to the contents of a register of births (or as the case may be)<br />

kept by lawful authority at A. [or testifying to the fact that one G.H. had latdy<br />

given birth to a child (or that one M.N. was a member of the Defence Fcrce

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