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

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3 74 CRIMINAL PRACTICE RULES-FORMS<br />

said State) adjudged that the said C.D. should pay to the said A.B. the sum of<br />

$ , on or before the day of then next, and should<br />

also pay to the said A.B. the sum of $ for costs, (or that the said<br />

complaint should be dismissed, and that the said A.B. should pay to the said C.D.<br />

the sum of $ for costs)] : And whereas the said C.D. has given notice of<br />

appeal from the said conviction [or order] to a Judge of the Supreme Court of<br />

<strong>Queensland</strong>: Now, the condition of the within-written recognizance is such that if<br />

the said C.D. shall prosecute the said Appeal without delay And submit to the<br />

judgment of the said Judge, and pay such costs as the said Judge shall award;<br />

[if in custody add and further shall appear before us or some other<br />

Justices or Justice, at the Court House at , within days after<br />

the said judgment is given, to abide such judgment, unless the decision appeale?<br />

against is reversed] ; then this recognizance shall be void, but otherwise shall remain<br />

in full force and virtue.<br />

PART IX.-FORMS RELATING TO XUBPCENAS.<br />

[Inserted by Rules of Court of 24th November 1502 (Gazette 29 November<br />

1902, p. IZOZ).]<br />

NO. 1.43 UBPCENA AD TESTIFICANDUi?f AFTER INDICTMENT OR<br />

INFORMATION PR.ESENTED.<br />

In the Supreme Court<br />

of <strong>Queensland</strong>.<br />

[or as the case may be].<br />

EDWARD THE SEVEXTH, $0.<br />

<strong>The</strong> King against A.B.<br />

To [the names of any number of witnesses may be inserted].<br />

Greeting :<br />

We command you to attend before [describe the Court] at<br />

the day of 19 , at the hour of ;:<br />

the noon, and so from Clay to day until this cause is tried, to give evidence<br />

on Our behalf [or on behalf of the accused person (or persons) (or of the defendant<br />

(or defendants) )].<br />

Witness $c.<br />

No. 2. SUBPCENA DUCES TECUM AFTER INDICTMENT OR<br />

INFORMATION PRESENTED.<br />

(Title, $c,, as in Form No. 1.)<br />

EDWARD THE SEVEI~TH, $c.<br />

To [the names of not more than three witnesses may be inserted].<br />

Greeting :<br />

We command you to attend before [describe the Court] at<br />

the day of 19 , at the hour of :<br />

the noon, and so from day to day until this cause is tried, to give evidence<br />

on Our behalf [or on behalf of the accused person (or persons) (or of the defendant<br />

(or defendants))] : and also to bring with you and produce at the time and place<br />

aforesaid [specify documents to be produced].<br />

Witness $c.<br />

KO. 3.-SUBPCENA AD TESTIFICANDUM AFTER COMMITTAL BUT<br />

BEFORE INDICTMENT.<br />

In the Supreme Court<br />

of <strong>Queensland</strong>.<br />

EDWARD THE SEVENTH, bc.<br />

To [the names of any number of witnesses may be inserted].<br />

Greeting :<br />

We command you to attend before [describe the Court] at on<br />

the day of 19 , to give evidence on Our<br />

behalf against one A.B. [or to give evidence on behalf of one A.B.] on a charge<br />

to be then and there preferred against him of stealing (or as the case may be), and<br />

so from day to day until the said charge is tried.<br />

Witness 40.

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