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

CRIMINAL PRACTICE RULE§-FORMS 3 69
No. 8 RETURX TO WRIT OF HABEAS CORPUS AD SUBJICIENDEX.
Indorse the Writ thus:-
In obedience to the within writ I have the body of the within named A.B.
here in Court to be further dealt with according to law.
If the person brought up is in custody, add:
The said A.B. was received into my custody on $c. by virtue of a warrant
(or as the case wiay be), a copy whereof is hereunto annexed, marked A.
The answer of BT., saperintendent of Her Majesty's Prison at B. within
mentioned.
(To be signed and sealed by the person to whom the writ is addressed.)
(Memorandum and Indorsements as in Form No. 4.)
NO. 9.-AFE71DAVIT OF NO RETURN TO WRIT OF HABEAS CORPUS.
(Title as in writ, if any.)
I, O.P., of $c., make oath and say as follows:-
1. I did on the day of search in the Registry of this
Honourable Court for a return to a writ of habeas corpus, lately issued out of
and under the seal of the Court, direeted to commanding him to have
the body of before this Court immediately, to undergo (&e. as the case
may be) but no return was then filed OT made to the same.
2. The said
has not in any manner obeyed the said writ, as I verily
believe.
KO. IO.-WRTT OF HAREAS CORPUS TO DELIVER.
In the Supreme Court of Queensland.
VICTORIA $0.
To the Superintendent of Our prison at R.:
Greeting:
We command you that you deliver the body of A.B., committed and detained
in Our prison under your custody, to the Superintendent of Our prison at B., and
that you certify to Our said last-mentioned Superintendent the cause of his taking
and detainer, that Our said last-mentioned Superintendent may cause him to be
detained in Our prison at E., according to the tenor of Our writ directed to
him for that purpose, to remain in the same last-mentioned prison until he shall
be from thence delivered by due course of law.
Witness $c.
( MeniorandiLm awl Indorsements as in Form No. 4.)
NO. Il..---WRIT OF HABEAS CORPUS TO RECEIVE.
In the Supreme Court of Queensland.
VICTORIA $C.
To the Superintendent of Our prison at B:
Greeting :
Whereas We, being wilIing that the body of A.B., now in Our prison under
the custody of the Superintendent of Our prison at R., should, for certain reasons,
be forthwith conveyed from thence to you, have lately commanded by Our writ
the said Sirperintendent of Our prison at R. that he should without delay deliver
the said A.B. into your custody, and certify to you the cause of his taking and
detainer: We therefore command you that you receive the said AB. from the
said Superintendent of Our said prison at R., and cause him to be detained in
Our said prison at 12. under safe custody, until he shall be from thence delivered
by due course of law.
Witness $e.
(Memorandum and Indorsements as in Form No. 4.)
No. 12.-WRIT OF IIABEAS CORPUS TO BRING A PRISONER BEFORE
JUSTICES TO ANSWER A CHARGE.
In the Supreme Court of Queensland.
VICTCRIA &C.
To the Superintendent of Our prison at B:
Greeting :
We command you that you have before some one or more of Our justices of
the peace for Our Colony of Queensland, who may be in attendance on day,
the day of at the hour of in the noon,