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

362 CRIMINAL PRACTICE RULES-FORMS
NO. 7.-NOTICE TO JOIN IN ERROR.
(To be indorsed on Copy Statement of Errors Served.)
The Attorney-General [or the within-named Z.Y.1 is required to file a joinder
in error upon the within statement vvithin eight days.
NO. 8.-JOINDER IN ERROR.
(Title as in Statement of Errors.)
The day of , 19 .
The Attorney-General [or Z.Y.] denies that there is any error in the record
and proceedings in this cause, or in the judgment given herein.
No. 9.-ENTRP OF JUDGMENT OF AFFIRMANCE OK WRIT OF ERROR.
Copy of Record and Statement of Errors and joinder, and proceed as follows:
Whereupon, on the day of , 19 , this Court, having examined
and considered as well the record and proceedings aforesaid, and the judgment
thereon given as aforesaid, as* the matters above assigned and alleged for error,
it appears to the Court that neither in the record and proceedings, nor in giving
the judgment, is there any error: Therefore it is adjudged by the Court that the
said judgment be affiimed.
NO. 10,-ENTRY OF REVERSAL OF JUDGMENT ON WRIT OF ERROR.
The same as preceding Form, to the words “alleged for error”: then proceed:
it appears to the Court that in the record and proceedings, and also in giving the
judgment, there is manifest error: Therefore it is adjudged by the Court that
the judgment aforesaid for the errors aforesaid [and for other errors, appearing
on the record and proceedings] be reversed and annulled, and that the said C.D.
be restored to all things which by reason of the judgment aforesaid he has lost,
and that lie do go free from the said charge.
(If the judgment of the Court below is amended, vary this form accordingly.)
No. 11.-ENTRY OF JUDGMENT WHEN NO JOINDER IN ERROR IS
FILED.
The same as Form N.o. 9 to end of copy of Statement of Errors: then proceed.
Aud the Attorney-General [or the abovenamed A.B.], being duly required in
that behalf, hath not filed any joinder in error upon the Statement of Errors
aforesaid: Whereupon (&. as in Form No. 9 or No. 10).
No. 12.-AFFIDAVIT FOR HABEAS CORPUS TO ASSIGN ERRORS.
In the Supreme Court of Queensland.
I, O.P., of #e., make oath and say as follows:-
1. At (state the Court) held at on &, 8.8. was convicted upon an
indictment [or information] against him for (state offence), and sentenced by the
said Court to be imprisoned for (state sentence).
2. A memorandum of appeal in error has been filed [or A writ of error has
been issued] in respect of the said conviction and sentence, and the record of the
proceedings was filed in this Honourable Court on &e., whereof the said A.B.
received notice on &e.
3. The said A.B. ig now in custody of the superintendent of the prison at B.,
and desires to deliver his statement of errors in person.
NO. 13.-RECOGNIZANCE TO PROSECUTE PROCEEDINGS IN ERROR.
Be it remembered &e. as in Part III. Form No. 1 to “Su~cessors)~: then
proceed: upon condition that the said A.B. shall prosecute without delay the
proceedings upon a Memorandum of Appeal in Error lately filed by him [or upon
a writ of error lately issuedl to reverse the judgment given against the said A.B
at the Circuit Court at T. on &c. (or as the case may be) upon an indictment [or
information] for certain crimes [or misdemeanonrs], and shall appear in person
in the Supreme Court of Queensland on the day whereon judgment shall be given
upon the said proceedings in error, and also, if so ordered by the said lastmentioned
Court or by a Judge thereof, four days’ notice being given either to
the said A.R. or his solicitor, and to the bail personally, or by leaving the sallie
at his [or their1 last known place [or places] of abode, on the days and times
appointed for any proceedings upon the said memorandum of appeal in error [or
writ of error], and so from day to day, and shall not depart that Court without
leave, and shall render himself in execution in c~se the said judgment shall not
be reversed, then this recognizance shall be void but otherwise sllall remain in
full force.
Taken &e.