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

3 68 CRIMINAL PRACTICE RULES-FORMS
detained under your custody, as is said, together with the day and cause of his
being taken and detained, by whatsoever name he may be called therein, to
undergo and receive all and singular such matters and things as Our said Court
[or Judge] shall then and there consider of and concerning him in this behalf:
and have you there then this writ.
Witnoss 4c.
This writ was issued by (to. as in the case of a writ of summons).
(To be indorsed.)
By order of the Court [or of Xr. Justice C.]
NO. 5.-NOTICE TO BE SERVED WITH WRIT OF HABEAS CORPUS AD
SUBJICIENDUM.
In the Supreme Court of Queensland.
(Title as in writ, %f any.)
Whereas this Court [or the Honourable Mr. Justice C.] has granted a writ
of habeas corpus directed to [or other person having the custody of
AA], commanding him to have the body of A.R. before the said Court [or before
Mr. Justice C. (or a Judge) in Chambers] at the Supreme Court House, Brisbane
[or Rockhampton or Townsville], immediately [or on
day the
day of at o'clock in the ncon], to undergo (&e. as
in writ) :
Now take notice that you are hereby required to have the body of the said
A.B. before the said Court [or before the said Judge as aforesaid] forthwith
[or on the day of , at the hour of in the noon] ,
and then and there to make a return to the said writ; or in default thereof, the
said Court will then, or so soon after as counsel can be heard, be moved for an
attachment against you for your contempt in not obeying the said writ.
Dated Ipc.
(2'0 be signed by the solicitor for the person applging for the writ.)
To (the persons to whom the writ is directed, and any other person upon whom it
may be deemed necessary to serve the writ).
NO. G.-NOTICE OF HAVING OBTAINED WRIT OF HABEAS COBPUS
AD SUBJICIENDUM ON AN INFORMAL OR ILLEGAL COMMITMENT.
rn the Supreme Court of Queensland.
(Eecits the granting of the writ as in Form No. 5, then say:-)
Now take notice, that by virtue of the said writ, the said A.B. will be
brought before the said Court [or before a Judge in Chambers] at the Supreme
Court, Brisbane [or Rockhampton or Townsville], on the day of
f
at o 'clock, in the noon, in order that he, the said AB., may be
discharged out of custody as to the conirnitrnent by which he is now detained in
the custody of the said gaoler.
Dated 40.
(To be signed by the solicitor for the prisoner.)
To S.T. and U.V., Esquires, the committing magistrates, and to C.D., the
complainant.
NO. 7.---AFFIDAVIT OF SERVICE OF WRIT OF HABEAS COR,PUS AD
SUBJICIENDUM.
(Title as in writ, if any.)
I,,G.H., of Ipc., make oath and say as follows:-
1. I did, on the day of at in the Colony of
Queensland, serve C.D. with a writ of habeas corpus issued out of and under
the seal of this Honourable Court, directed to the said C.D., by delivering such
writ of habeas corpus to the said C.D. personally (or as the case may be).
2. The paper writing annexed to this my affidavit, and marked A, is a true
copy of the said writ.
3. I did at the same time serve the mid C.D. with notice, a copy whereof
is hereulrta annexed marked B, by &e.