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

CRIMINAL PRACTICE RULES-FORMS 3 65
NO. 3.-ORDER FOR CERTIORARI.
In the Supreme Court of Queensland.
The Queen [on the prosecution of A.B.] against the Judge of
the District Court at T. [or the Justices at B. (or as the
case may be)].
Upon hearing Mr. X., of counsel for A.B., and upon reading &e., I do order
that a writ of certiorari issue to remove into this Court an indictment presented
in the said Court on &c. against the said A.B. for certain crimes [or misdemeanours]
[or a certain judgment (or &c. as in Form No. 1) 1.
NO. 4.-RECOGNIZANCE FOR COSTS ON REMOVAL OF INDICTMENT.
Be it remembered &e. as in Part III., Form No. 1, to “Successors”: the*
proced: upon condition that if, on the return of a writ of certiorari now about
to be issued out of the Supreme Court of Queensland, directed to the Judge of
the District Court holden at T., to bring up an indictment lately presented in that
Court against the said A.B., he the said A.B. shall personally appear in open
Court to the said indictment at the next Criminal Sittings of the Supreme Court
at Brisbane [or Rockhampton or Townsville], or at.the sittings of such other Court,
aud at such time and place, as the said Supreme Court or a Judge thereof may
direct, and there and then answer the said indictment, and shall personally attend
from day to day on the trial of the said indictment, and not depart until he shall
bo discharged by the Court, and shall pay the costs of the prosecution subsequent
to the removal of the said indictment if he shall be convicted, then this recognizance
shall be void, but dtherwise shall remain in full force.
Taken $.c.
No. 5.-SECURITY TO PROSECUTE CERTIORARI FOR JUDGMENT,
ORDER, CONVICTION OR OTHER PROCEEDING.
(Title as in Form No. 3.)
We, M.N. of &c., and O.P. of &c., hereby submit ourselves to the jurisdiction
of this Honourable Court, and consent that, if the abovenamed A.B. shall not
prosecute with effect, without delay, and at his own proper costs and charges, a
writ of certiorari to be issued out of this Honourable Court to remove into the
said Court (insert description of proceedings as in order for certiorari), or shall
fail to pay to C.D. (the person in whose favour the judgment, conviction, or order,
was given or made) within ten days in the event of the said judgment [or conviction
or order1 being confirmed.in the said Court, such costs, if any, as the. said Court
shall order him to pay, judgment may be signed, and execution may be issued,
against us, our executors and administrators, lands and tenements, goods and
chattels, for a sum not exceeding $100.
(Signatures of sureties.)
(To be signed before the Registrar or a Commissioner for AfJidavits.)
NO. 6.-SECURITY BY RECOGNIZANCE IN LIKE CASE.
Be it remembered tc. as in Part III. Form No 1 to “Successors”: then
proceed: upon condition that if the said A.B. shdl prosecute with effect, without
delay, and at his own proper costs and charges, a writ of certiorari (&c. as in
preceding Porm), and shall pay to C.D. (&. as in preceding Porm to “as the said
Court shall order him to pay”), then this obligation shall be void, but otherwise
shall remain in full force.
No. 7.-WRIT OF CERTIORARI TO JUDGE OF DISTWCT COURT.
In the Supreme Court of Queensland.
The Queen [on the prosecution of A.B.]
against
The Judge of the District Court
holden at T.
VICTORIA &c.
To the Judge of the District Court’holden at T.
Greeting :
We, willing for certain causes to be certified of the proceedings upon an
indictment lately presented in the District Court holden at T. before you against
A.B., for,that he (state charge as in ind~ctment), command you that you send to
Us forthwith in Our Supreme Court of Queensland, under your hand and seal, the