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

CRIMINAL PRACTICE RULES-FORMS
PART V.-FORMS RELATING TO ARTICLES OF THE PEACE.
No. I.-AFFIDAVIT IN SUPPOBT OF APPLICATION FOR LEAVE To
FILE ARTICLES
In the Supreme Court of Queensland.
I, A.B., of kc., make oath and say as follows:-
(Set out the facts showing that the applicant has good reason to seek the
assistance of the Court.)
No. 2.-ORDER FOR LEAVE TO FILE ARTICLES.
In the Supreme Court of Queensland.
The Queen on the complctint of A.%
against
C.D.
Tho day of 919 - "
Upon the motion of Mr. X., of Counsel for A.R. of &c., and upon reading the
fiffidavit of the said A.R. filed &c. and (&e. set out the other evidence, if any):
The Court doth order that the said A.B. shall be at liberty to file Articles of the
Peace against C.D. of &e.
By the Court,
B.S., Registrar.
NO. 3.---ARTICLEX OF THE PEACE.
In the Supreme Court of Queensland.
The Queen on the complaint of A.B
against
C.D.
Articles of the Peace filed by A.B., of &c.
The day of , 119 .
1. The complarinant is a member of the Legislative Assembly of Queensland (OT
as the case may be). The abovenamed C.D. is 4p.c.
2. On &c. the said C.D. threatened to the complainant -[or to one E.F.] that he
would assault the complainant if he the said complainant did not (&c. state the
nature of the threat or other language used by the defendant).
3. The complainant is in fear of the said C.D., and desires that the said C.D.
may be required to find sufficient sureties to keep the peace towarde him.
(Afidavit in 'Derijication.)
I, the within-named A.R. make oath and say that so much of the statements
in the annexed Articles of the Peace as relates to my~lelf and my own acts is true,
and so much thereof as relates to any other person or to the acts of any other
person is true to the best of knowledge and belief.
Signed and aworn &c.
(To Be Indorsed.)
Filed in pursuance of Order of Court dated &c.
These Articles are filed by (4%. as in case of Writ of Summons).
NO. 4.-QRDER FOR SECURITY.
(Title &o. as in Form No. 2.)
Upon reading the Artides of the Peace filed in this matter on gc., and the
Rule made herein on &c., and upon hearing Mr. X. of Counsel for the abovenamed
complainant, and Mr. Y. of Counsel for the abovenamed C.D., and upon reading
(recite evidetlce) [or and no cause being shown on behalf of the abovenamed C.D.,
and upon reading an affidavit of O.P. filed &e. of service of the said Rule on the
said C.D.1. This Court doth order that the said C.D. shall, within days
from the service of this Order on him [OT his solicitor], give security by
recognizance (or as the case nay be) in the sum of $ , with [two] sureties in
the sum of $ each, conditioned that he lhe said C.D. will keep the peace
towards the said AB. [or towards E.F. of &c. in the said Articles mentioned] for
the period of one year (or a3 the case CY be) [arid that until such security shall
be @en, the said C.D. shall stand committed to Her Majesty's prison at B.].
By the Court,
B.B., Registrar.
363