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

CRIMINAL PRACTICE RULES-FORMS 373
XO. ?‘.-AFFIDAVIT OF SERVICE OF NOTICE OF APPEAL, ETC.
In the Supreme Court of Queensland.
(Crown Side.)
(Title as in Form No. 1.)
1. I did on the day of 9 at , serve
C.D., the abovenamed respondent, with a notice of appeal, a copy whereof is
hereunto annexed marked A, together with a copy of the case stated in this matter
by E.F. and G.H., Justices, on the day of , and
which said case was received by me [or by my solicitor] from the said Justices
on the
day of , by delivering the said notice of
appeal and copy case to the said C.D. personally at [OT to Y.Z.,
his solicitor (or as the case mug be) f .
NO. 8.-NOTICE OF APPEAL TO A JUDGE OF THE SUPREME COURT.
((‘The Justices Acts 1886 to 1939”---Section 222.)
In the Court of Petty Sessions at [Brisbane] in the State of Queensland.
Between A.B.,
and
Complainant,
C.D.,
Defendant.
I, the abovenamed defendant (or complainant), hereby give you notice that I
appeal to a Judge of the Supreme Court under the provisions of Section 222 of
“The Justices Acts, 188G to 1949,” against the order made on the day of
, 19 , at aforesaid, by (Stipendiary Magistrate or [two] of
Eis Majesty’s Justices of the Peace for the said State) whereby (set out terms of
order).
[On the day of , 19 I obtained the leave of the
Honourable (the Chief Justice or Mr. Justice ) to appeal under the
said Section.]
The grounds of my appeal are as follows:-
Dated at [Brisbane] in the said State this day of , 19 *
C.D. or A.B., Appellant.
To: A.B. (or C.D.) of [Brisbane] in the said State8 and to the Clerk of Petty
Sessions at aforesaid.
Court of petty sessions, clerk of petty sessions now Magistrates Court, clerk of
thc court; see Justices Acts Amendment Act of 1964, s. 2 (4).
NO. 9.-RECOGNIZANCE ON APPEAL TO A JUDGE OF THE SUPREME
COURT.
(“The Justices Acts, 1886 to 1949”-Section 222.)
Queensland :
[Brisbane] to wit.
Be it remembered that on the day of , C.D., of
in the said State (state description) and M.N., of , in the said State
(state description) personally came before the undersigned one of His Xajesty ’s
Justices of the Peace for the said State, and severally acknowledged themselves
to owe to Our Sovereign Lord the King the several sums following, that is to say,
the said C.D. the sum of $ , and the said M.N. the sum of $
9
to be made and levied of their several goods and chattels, lands and tenements,
respectively, to the use of our said Lord the King, his heirs and successors, if the
said C.D. shall fail in the condition indorsed.
Taken and acknowledged before me the day and year first abovementioned at
, in the said State.
J.P.
Con~~tio~.
Whereas the said C.D. was on the day of 7 at 9
convicted before (a Stipendiary Magistrate or [two] of His Majesty’s Justices of
the Peace for the said State) of an offence against the provisions of the
section of the Act (or as the case may be, describing the Act or By-law
under which the offeiice is created), and it was by the said conviction adjudged that
the said C.D. should for such offence forfeit and pay, &e. (recite conviction),
and should also pay to the said A.B. the sum of $ for costs; [or
whereas on the day of , 19 J .at , upon the
hearing of a complaint made by A.B., of , against C.D., of
J
a Stipendiary Magistrate (or (two) of His Majesty’s Justices of the Peace for the