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

CRIMINAL PRACTICE RULES-FORMS 371
NO. 3.-CERTIFICATE OF REFUSAL TO STATE ,4 CASE.
(Justices Act, s. 229.)
In the Court of Petty Sessions at
Between A.B., Complainant,
and C.D., Defendant.
Whereas the (complainant or defendant) has duly applied in writing to us the
unclersigncd, E.F. and G.H., Justices, to state and sigil a case setting forth the
Pacts and grounds of our decision in the above case, for appeal thereon to
the Suprerne Court of Queensland: Now we the said Justices, being of opinion
that the application is merely frivolous, refuse to state a case, and hereby certify
our refusal accordingly.
Given under our hands at the day of
Cbuzt. of petty sessions now Magistrates Court; see Justices Acts Amendment
kick of 1964, S. 2 (41.
NO. 4.--RECOGNTZANCE ON APPEAL.
(Justices Act, ss. 227, 228.)
Queensland :
[ Toowoomba] to wit.
Be it remembered that on the day of C.D., of
in the said Colony (state description) and M.N.) of , in the said Colony:
(state description) personally came before the undersigned one of Her Majesty’s
Justices of the. Peace for the said Colony [or for the Municipal District of
in the said Colony, as the case may be], and severally acknowledged themselves
to owe to Our Sovereign Lady the Queen the several sums following, that is to
say, the said C.D. the sum of $ ) and the said M.N. the sum of $, ) to be
made and levied of their several goods and chattels, lands and tenements,
respectively, to the use of our said Lady the Queen, her heirs and successors, if
the said G.D. shall fail in the condition indorsed.
at
Taken and acknowledged before me the day and year first abovementioned
, in the said Colony.
J.P.
Condition.
’Cllhereas the said C.D. was on the day of I
at convicted before [two] of Her Majesty’s Justices of the Peace
for the said Colony .[or for the Municipal District of , in the
said Colony, as the case may vel, of an offence against the provisions of the
section of the Act (07 as the case may be,
describing the Act or By-law under which the offence is created), and it was by
the said cmviction adjudged that the said C.D. should for siich offence forfeit and
pay $c. (recite convictio and should also pay to the said A.B. the sum of
for costs; ‘tir Whereas on the
day of
19 ) at , upon the hearing of a complaint made by AB.,
of , against C.D., of M.N. (and others, (two) of
Her Majesty’s Justices of tho Peace for the said Colony (or for the Municipal
District of ) in the said Colony, as the case may be) adjudged that
the. said C.D. should pay to the said AB. the sum of $ , on or
before the day of then next, and should alsa pay
to the said A.B. the sum of $: for cost?, (or that the said complaint
should be dismissed, and that the said A.B. should pay to the said C.D. the sum
of $ for costs)]: And whereas the said C.D. has given notice of
his intention to appeal from the said conviction [or order] to the Siupreme Court
of Queensland: Now, the condition of the within-written recognizance is such that
if the said C.D. shall prosecute lthe said appeal without delay and submit to the
judgment of the said Supreme Court, and pay such costs as the said Court shall
award; [if in custody, add and further shall appear before us or some other
Justices or Justice, at the Court Ouse at ) within
days after the judgment of the 8 upreme Court is given, to abide such judgment,
unless the decision appealed against is reversed] then this recognizance shall be
void, but otherwise shall remain in. full force and virtue.