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

CRIMINAL PRACTICE RULES-FORMS 367
or Townsville.] (&A, recite the certiorari) : We now, for certain reasons, coinmand
you that yo” do wholly supersede whatever is to be done concerning the execution
of that Our said writ: And that you prowed to the determination of the mattem
referred to in Our said writ with that expedition which to you shall seem right,
notwithstanding Our writ so sent to you as aforesaid.
Witness 40.
This writ was issued $e. (as iR Form No. 7).
(To be indorsed as in Form Np. 7.)
NO. 13.-PRBCIPE FOR WRIT OF SUPERSEDEAS AND PROCEDENDO.
(Title, &e., as in Frit of Certiorari.)
Seal, in pursuance of order dated &c., a writ of supersedeas and procedcndo
directed to 40. to proceed notwithstanding writ of certiorari dated &e.
Dated #-e.
(To be signed by the successful party below or his solicitor.)
PART VI1.-FORMS RELATING TO HABEAS CORPUS IN
CRIMINAL CASES.
NO. 1.-AFFIDAVIT TO FOUND APPLICATION FOB WRIT OF HABEAS
CORPUS TO BRING UP A PERSON UNDER COMMITMENT.
In the Supreme Court of Queensland.
(Title of cause if the order is made in a came; If not made in a cause entitle the
order “Ez parte A.B.”)
I, O.P., of &c., make oath and say as follows:-
1. I was present at Her Majesty’s prison at B., in the Colony of Queensland.
on the day of , and there saw S.T., the superintendent
[or officer in charge] of the said prison, sign the certificate written at the foot of
the copy of the commitment of A.B., hereunto annexed, marked A.; and the name
S.T. set and subscribed thereto is of the proper handwriting of the said S.T.
KO. 8.-SUPERINTENDENT ’S CERTIFICATE OF COPY OF COMMITMENT.
I certify that the above is a true copy of the warrant by virtue of which A.B.
is detained in my custody [and that the said A.B. is not detained for any other
cause].
S.T.,
Superintendent [or Officer in Charge] of H.M. prison at B.
240. 3.-ORDER FOR WRIT OF TIABEAS CORPUS.
In the Supreme Court of Queensland.
(Title as in preceding Form.)
Upon hearing #-c., and upon reading &c., I do order that a writ of habeas
corpus be issued, directed to S.T., to have the body of A.B. before the Court [or
before the Honourable Mr. Justice C. (or a Judge) in Chambers], at the Supreme
Court House, Brisbane, [or Rockhampton or Townsville], forthwith [or on day
the day of at o’cloek in the noon], to
undergo and receive (&. or as the case may be).
NO. 4.-WRIT OF HABEAS CORPUS AD SUBJICIENDUM.
In the Supreme Court of Queensland.
[Name of Judge.]
(Title of cause, if ang.)
VICTORIA &c.
To
Greeting :
We command yon that you have before Our Supreme Court of Queensland [or
before ‘the Honourable Mr. Justice C. (or a Judge) in Chambers], at the Supreme
Court House, Brisbane [or Rookhamptoa or Townsville], immediately after the
receipt of this Our writ for on day the day of
at o ’clock in the noon], the body of A.B., being taken and