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

370 CRIMINAL PRACTICE RULES-FORMS
at , the body of A.B., being committed and detained in Our prison
under your custody,' as is said, by whatsoever name he may be called, then and
there to answer to a charge of (state the charge briefly) to be then and there. made
against him, and so from day to day until he shall have answered the said charge,
and to be dealt with according to law: and have you then there this writ.
Witness &c.
(Memomndum and Indorsements as in Form No. 4.)
KO. 13.-WRIT OF HABEAS CORPUS TQ BRING UP A PRISONER TO
PLEAD TO AN INDICTME~T OR INFORMATION, OR FOR TRIAL,
OR TO DELIVER STATEMENT OF ERRORS.
In the Supreme Court of Queensland.
VICTORIA &c.
To the Superintendent of Our prison at B:
Greeting :
We command you that you have before (describe the Court) at 9
on day, the day of , at the hour of in
the noon, the body of A.B., being committed and detained in Our
prison under your custody, as is said, by whatsoever name he may be called,
then and there to answer to [or to take his trial upon] an indictment [or
information] [to be] presented against him in the said Court for &., and so from
day to day until he shall have answered as aforesaid [or taken his trial as afore-
said], [or then and there to deliver his statement of alleged errors in the judgment
and conviction under which he is so committed and detained], and to be further
dealt with according to law: and have you then there this writ.
Witness &e.
PART VII1.-FORMS RELATING TO APPER-LS FROM JUSTICES.
[As amended by Rules of Court of 12 May 1949 (Gazette 14 May, 1949, p. 19203.1
NO. l.--QUASHING ORDER
(The Justices Act of 1886, ss. 209, 210.)
In the Supreme Court of Queensland.
On appeal from the Justices in Petty Sessions at B.
c.n., Appellant,
and A.B., Respondent.
The day of 19 .
Upon reading the Rule [or order] made in this matter on the day
of , and upon hearing Mr. X of counsel for C.D., and Mr. Y., of
counsel for A.B. (or as the case may be), and upon reading the aadavit of (enter
evidence): It is ordered that the conviction [or order] made on the
day of by Justices in Petty Sessions at , whereby the said
C.D. was convicted that on &e. (recite the offence in the words of the conviction,
or, if it has not been drawn up, in the words of the complaint), and was adjudged
to forfeit and pay &c. (recite from conviction) [or whereby the said C.D. on the
complaint of the said A.B., was ordered to pay #c. (recite order)], shall be and
the same is hereby quashed: [And it is further orclered that the sun1 of $
paid .by the said C.D. to iii pursuance of the said conviction (or order)
be forthwith repaid to him (or as t7ae case may be)]; [and that the said A.B. do
pay to the said C.D. his costs of and occasioned by this application to the Court].
Justices in petty sessions now Magistrates Court; see Justices Acts Amendment
Act of 1964, s. 2 (4).
NO. 2.-APPLICATIOK FOR CASE TO BE STATED.
(Justices Act, s. 226.)
In the Court of Petty Sessions at Brisbane.
Between AB., Complainant,
and C.D., Def endaiit.
I, the abovenamed complainant [or defendapt], being desirous of appealing
from your decision in this case, on the ground that it is erroneous in point of
law [or (and) is in excess of jurisdiction], hereby apply to you to state and sign
a case setting forth the facts, and the grounds of your decision, for appeal thereon
to the Supreme Court of Queensland.
Dated &c.
A.B. Lor X.Y., solicitor for A.B.]
To E.F. and G.H. Esquires, Justices.
Court of petty sessions now Magistrates Court; see Justices Acts Anieii(11nent
Act of 1964, s. 2 (4).