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

3 64 CRIMINAL PRACTICE RULES-FORMS
KO. 5.-RECOGNI~AKCE T‘O KEEP THE PEACE.
Be it remembered &c. as in Part ZIZ., E’orm No. 8, to “Snccessors,” then
proceed: upon condition that if the said C.D. shall, for the. space of years,
to be computed from and after the day of keep the peace
towards Her Majesty the Queen and Her people, and especially towards A.B.
[or E.F.], of &c., then this recognizance shall be void, but otherwise shall remain
in full force.
Taken &c.
NO. 6.--WARRANT OF COMMITTAL IN FIRST INSTANCE OR IR
DEFAULT OF SECURITY.
To the Sheriff of Queensland and all police officers of the Colony of Queensland.
Whereas by an order of the Supreme Court of Queensland, dated &., it was
ordered that C.D. of &e. should within days after service of the said order
upon him give security (&c. recite order), and that until sueh security should be
give-1 he should stand committed to Her Majesty’s prison at B. [or and wherens,
the said C.D. having made default in giving such security, the said Court (or the
Honourable Mr. Justice C.) has ordered that the said C.D. shall be committed to
Her Majesty’s prison at E. until he shall have, given such security] : These are
therefore to command you forthwith to arrest the said C.D., and to take him to
Her Majesty’s said prison: and the Superintendent of the said prison is hereby
commanded to receive him and detain him therein until he shall have given sueh
security.
Given under my hand this day of ,19 *
B.S., Xegistrar.
PART VI.-FORMS RELATING TO CERTIORARI TO INFERIOR
COURTS.
No. I.-NOTICE TO JUDGE OF DISTRICT COURT, OR JUSTICE, OR
OTHER AUTHORITY EXERCISING JURISDICTION IN ANY OTHER
INFERIOR COURT OR JURISDICTION, OF APPLICATIOX FOR
CERTIORARI TO REMOVE JUDGMENT, ORDER, CON‘VICTION, OR
OTHER PROCEEDING PURSUANT TO ORDER XII., RULE 4.
To G.W.P., Esquire, Judge of the District Court holden at
Colony of Queensland (or as the case may be) :
in the
Take notice that the, Supreme Court of Queegsland will be moved 011 the
day of
, or so soon thereafter as counsel can be heaid [or
that application will be made to the Honourable Mr. Justice C. in Chambers on
the day of at the hour of in the noon],
on behalf of A.B., of 4c. , for a writ of certiorari to remove into the
said Court a certain judgment [or order 09- conviction (or as the case may be) I
(state the name of the Judge or other authority by whom the judgment, order,
conciction, or other proceeding intended to be removed, was made, and when and
where it was made, concisely describing it).
Dated &c.
(To be signed by the intending a~plicant or his solicitor, stating himself to be
sueh solicitor.)
No. 2.-AFFIDAVIT OF SERVICE OF NOTICE OF APPLICATION FOR
CERTIOR~RI FOR JUDGMENT, ORDER, CONVICTION, OR OTHER
PROCEEDIXG.
In the Supreme Court of Queensland.
I, O.P., of &c., make oath and say as follows:-
1. I did, on the day of
, serve Mr. A.C., the Registrar
of the District Court holden at T. [or S.T. Esquire,.justice of the peace (or other
inferior authority, as the case may be)], with a notice a copy whereof ia hereunto
annexed marked A., by delivering the said notice to him at , in the
said Colony [or, when the service is not personal, by delivering the said notice to
and leavingathe same with Q.R., his clerk (OT servant OT as the case rnay be) at his
office (or residence) at , in the said Colony I.
[In the ease of justices or other inferior authority 2. The said S.T. was present
when the proeeedings on which the judgment (or order or conviotion (or as the
case rnay be)) mentioned in the said notice was founded were heard, and was the
justice (or one of the justices (or as the case may be)) by and before whom the
said judgment (or order or conviction (or as the case may be)) mentioned in the
said notice was made.]