Northern Territory Consolidated Regulations Northern Territory Consolidated Regulations(1) Subject to subregulation (2), for the purposes of section 77C of the Act, the amount that the Court may order for costs shall not exceed:
(a) for the first day of a hearing, including preparation of the case for the hearing and counsel fee – $710; and
(b) for the second or a subsequent day of the hearing – $470.
(2) The Court shall have regard to the complexity of a matter before it at the time of the hearing, and may order costs exceeding an amount referred to in subregulation (1) if, in its opinion:
(a) the circumstances of the case; or
(b) the legal issues involved in the case,
are of an exceptional nature.
(3) The Court shall not, in making an order for costs under this regulation, make an allowance for a second counsel or solicitor attending at the hearing.
FORM 1A
NORTHERN TERRITORY OF AUSTRALIA
section 23
SUMMONS TO A WITNESS TO APPEAR ON COMPLAINT
To: of
( name )
( address )
Whereas:
of
(name)
(address)
has made a complaint
against
of
for that he/she* on the day of ,
19 , at in the Northern Territory
of Australia, did
.
(nature of complaint)
And whereas I, the undersigned, a Justice of the Peace for the Territory, am satisfied that you are likely to give material evidence upon behalf of the complainant ( or defendant)*:
You are therefore hereby summoned to appear at in the Territory, on the day of , 19 , at o'clock in the noon, before such Justice or Justices of the Peace for the Territory as shall then be there, to testify what you know concerning the matter of the said complaint.
Dated the day of , 19 .
Justice of the Peace
( or Clerk of the Court)*
PROOF OF SERVICE
I, of
(name) (address)
make oath and say that I did on the
day of
19 , between the hours of
and in
the noon, at
in the Territory, duly serve the within-named with the within summons by
delivering a duplicate thereof to him/her* personally [ or by leaving a
duplicate thereof for him/her* at his/her* last ( or most usual) place of
abode ( or of business)* with some other person apparently an inmate thereof (
or employed thereat)* and apparently not less than 16 years of age].
Made at
[place] on [date] ________________
By [signature
of deponent]
Witnessed by
Signature
_______________________________________________
Justice of the
peace / commissioner for oaths
Name
_______________________________________________
Address or phone no.
*Delete if inapplicable.
FORM 1B
NORTHERN TERRITORY OF AUSTRALIA
Section 23
SUMMONS TO A WITNESS TO PRODUCE DOCUMENTS ON COMPLAINT
To
of
(name)
(address)
Whereas
of
(name)
(address)
has made a complaint against
(name)
of
for that he/she
(address)
on the
day of
,
19 ,
at in the Northern
Territory of Australia, did
.
(nature of complaint)
And whereas I, the undersigned, a Justice of the Peace for the Territory, am satisfied that you are likely to have in your possession or power certain articles required for the purposes of evidence upon behalf of the complainant ( or defendant)*:
You are therefore hereby summoned to appear at in the Territory, on the day of , 19 , at o'clock in the noon, before such Justice or Justices of the Peace for the Territory as shall then be there, to produce the following ( describe precisely the articles to be produced ):
Dated the day of , 19 .
Justice of the Peace
( or Clerk of the Court)*
PROOF OF SERVICE
I,
of
(name)
(address)
make oath and say that I did on the day of
19 , between the hours
of and in
the noon,
at in the Territory, duly serve the within-named with the within
summons by delivering a duplicate thereof to him/her* personally [ or by
leaving a duplicate thereof for him/her* at his/her* last ( or most usual)
place of abode ( or of business)* with some other person apparently an inmate
thereof ( or employed thereat)* and apparently not less than 16 years of age].
Made at [place] on [date] ________________
By
[signature of deponent]
Witnessed by
Signature
_______________________________________________
Justice of the
peace / commissioner for oaths
Name
_______________________________________________
Address or phone no.
*Delete if inapplicable.
FORM 2A
NORTHERN TERRITORY OF AUSTRALIA
section 23
SUMMONS TO A WITNESS TO APPEAR ON INFORMATION
To
of
(name)
(address)
Whereas
of
(name)
(address)
has laid an
information against
(name)
of
for that he/she*
(address)
on
the day
of ,
19 ,
at in the Northern
Territory of Australia, did
.
(nature of information)
And whereas I, the undersigned, a Justice of the Peace for the Northern Territory of Australia, am satisfied that you are likely to give material evidence upon behalf of the informant ( or defendant)*:
You are therefore hereby summoned to appear at in the Territory, on the day of , 19 , at o'clock in the noon, before such Justice or Justices of the Peace for the Northern Territory of Australia as shall then be there, to testify what you know concerning the matter of the said information.
Dated the day of , 19 ,
Justice of the Peace
( or Clerk of the Court)*
PROOF OF SERVICE
I,
of
(name)
(address)
make oath and say that I did on the day
of
19 , between the hours of
and in
the
noon,
at in the
Territory, duly serve the within-named with the within summons by delivering a
duplicate thereof to him/her* personally [ or by leaving a duplicate thereof
for him/her* at his/her* last ( or most usual) place of abode ( or of
business)* with some other person apparently an inmate thereof ( or employed
thereat)* and apparently not less than 16 years of age].
Made at [place]
on [date] ________________
By [signature of
deponent]
Witnessed by
Signature
_______________________________________________
Justice of the
peace / commissioner for oaths
Name
_______________________________________________
Address or phone no.
*Delete if inapplicable.
FORM 2B
NORTHERN TERRITORY OF AUSTRALIA
section 23
SUMMONS TO A WITNESS TO PRODUCE DOCUMENTS ON INFORMATION
To
of
(name)
(address)
Whereas
of
(name)
(address)
has laid an information
against
(name)
of for
that he/she*
(address)
on
the day
of ,
19 ,
at in the Northern
Territory of Australia, did
.
(nature of information)
And whereas I, the undersigned, a Justice of the Peace for the Northern
Territory of Australia, am satisfied that you are likely to have in your
possession or power certain articles required for the purposes of evidence
upon behalf of the informant ( or defendant)*:
You are therefore hereby
summoned to appear at
in the Territory, on the
day of , 19 ,
at o'clock in the noon, before such Justice or Justices of the Peace for the Northern Territory of Australia as shall then be there, to produce the following ( describe precisely the articles to be produced ):
Dated the day of , 19 ,
Justice of the Peace
( or Clerk of the Court)*
PROOF OF SERVICE
I,
of
(name)
(address)
make oath and say that I did on the
day of ,
19 , between the hours of and
in the noon, at
in the Territory, duly serve the within-named with the within summons by
delivering a duplicate thereof to him/her* personally [ or by leaving a
duplicate thereof for him/her* at his/her* last ( or most usual) place of
abode ( or of business)* with some other person apparently an inmate thereof (
or employed thereat)* and apparently not less than 16 years of age].
Made at
[place] on [date] ________________
By [signature
of deponent]
Witnessed by
Signature
_______________________________________________
Justice of the
peace / commissioner for oaths
Name
_______________________________________________
Address or phone no.
*Delete if inapplicable.
FORM 3
NORTHERN TERRITORY OF AUSTRALIA
section 24
WARRANT FOR APPREHENSION OF A WITNESS WHO HAS NOT OBEYED A SUMMONS
To , and to each and
all of the Constables and Peace Officers of the Northern Territory of
Australia.
of was
duly summoned to appear at on day, the day of ,
19 , at the hour of o'clock in the
noon, before such Justice or Justices of the Peace for the Northern Territory
of Australia as should then be there, to testify what he/she knew concerning a
certain complaint against
of
[ or (and) to produce books, plans, papers, documents, articles, goods and things likely to be material evidence on the hearing of the charge against the said
(and especially )]:
And whereas he/she has neither appeared thereto, nor offered any just excuse for his/her neglect:
And whereas it has been proved to the satisfaction of the undersigned, a Justice of the Peace for the Northern Territory of Australia and (one of) the Justice(s) before whom he/she should have appeared, that the summons was duly served on him/her:
You are therefore hereby commanded to bring him/her before me at forthwith (or on day, the day of , 19 , at the hour of o'clock in the noon), or before such other Justice or Justices of the Peace for the Northern Territory of Australia as shall then be there, to testify what he/she knows concerning the said complaint [ or (and) to produce such books, plans, papers, documents, articles, goods, and things as aforesaid].
Dated the day of 19 , at , in the Northern Territory of Australia.
Justice of the Peace.
ENDORSEMENT
It is directed that the said on arrest be released on bail on his/her entering into a recognizance in the sum of dollars with suret in the sum of dollars (each) for his/her appearance before the Justice or Justices within mentioned at the hour of o'clock in the noon of the day of 19 .
Justice of the Peace.
FORM 4
NORTHERN TERRITORY OF AUSTRALIA
section 24
WARRANT FOR APPREHENSION OF A WITNESS WHO HAS NOT OBEYED A SUMMONS
To , and to each and all of the Constables and Peace Officers of the Northern
Territory of Australia.
of was duly summoned to appear before the Court of
Summary Jurisdiction sitting
at on
day, the day
of , 19 ,
at the hour
of o'clock in
the noon, to testify what
he/she should know concerning a certain information against
of
[ or (and) to produce books, plans, papers,
documents, articles, goods and things likely to be material evidence on the
hearing of the charge against the said
(and especially )]:
And he/she has neither appeared thereto, nor offered any just excuse for his/her neglect:
And it has been proved to the satisfaction of the undersigned, a Justice of the Peace for the Northern Territory of Australia and (one of) the Justices(s) before whom he/she should have appeared, that the summons was duly served on him/her:
You are therefore hereby commanded to bring him/her before me at forthwith (or on day, the day of , 19 , at the hour of o'clock in the noon), or before such other Justice or Justices of the Peace for the Northern Territory of Australia as shall then be there, to testify what he/she knows concerning the said information [ or (and) to produce such books, plans, papers, documents, articles, goods and things as aforesaid].
Dated the day of 19 , at , in the Northern Territory of Australia.
Justice of the Peace.
ENDORSEMENT
It is directed that the said on arrest be released on bail on his/her entering into a recognizance in the sum of dollars with suret in the sum of dollars (each) for his/her appearance before the Justice or Justices within mentioned at the hour of o'clock in the noon of the day of , 19 .
Justice of the Peace.
FORM 5
NORTHERN TERRITORY OF AUSTRALIA
section 25
WARRANT FOR A WITNESS IN THE FIRST INSTANCE
To , and to each and all of the Constables and Peace Officers of the Northern Territory of Australia.
Whereas of has made a complaint against of for that he/she on the day of , 19 , at in the Northern Territory of Australia, did .
And whereas I am satisfied by the oath of of , that of is likely to give material evidence ( or to have in his/her possession or power certain articles required for the purposes of evidence) upon behalf of the complainant ( or defendant), and that is is probable that he/she will not attend to give evidence or to produce any article without being compelled to do so:
You are therefore hereby commanded to bring him/her before me at on day, the day of ,19 , at the hour of o'clock in the noon, or before such other Justice or Justices of the Peace for the Northern Territory of Australia as shall then be there, to testify what he/she knows concerning the said complaint [ or (and) to produce such books, plans, papers, documents, articles, goods, and things likely to be material evidence on the hearing of the said complaint (and especially )].
Dated the day of 19 , at , in the Northern Territory of Australia.
Justice of the Peace.
ENDORSEMENT
It is directed that the said on arrest be released on bail on his/her entering into a recognizance in the sum of dollars with suret in the sum of dollars (each) for his/her appearance before the Justice or Justices within-mentioned at the hour of o'clock in the noon of the day of 19 .
Justice of the Peace.
FORM 6
NORTHERN TERRITORY OF AUSTRALIA
section 25
WARRANT FOR A WITNESS IN THE FIRST INSTANCE
To , and to each and all of the Constables and Peace Officers of the Northern Territory of Australia.
Whereas of has laid an information against of for that he/she on the day of , 19 , at in the Northern Territory of Australia, did .
And whereas I am satisfied by the oath of of , that of is likely to give material evidence ( or to have in his/her possession or power certain articles required for the purposes of evidence) upon behalf of the informant ( or defendant), and that it is probable that he/she will not attend to give evidence or to produce any article without being compelled to do so:
You are therefore hereby commanded to bring him/her before me at on day, the day of ,19 , at the hour of o'clock in the noon, or before such other Justice or Justices of the Peace for the said Territory as shall then be there, to testify what he/she knows concerning the said information [ or (and) to produce all books, plans, papers, documents, articles, goods, and things likely to be material evidence on the hearing of the said information (and especially )].
Dated the day of 19 , at , in the said Territory.
Justice of the Peace.
ENDORSEMENT
It is directed that the said be released on bail on his/her entering into a recognizance in the sum of dollars with suret in the sum of dollars (each) for his/her appearance before the Justice or Justices within-mentioned at the hour of o'clock in the noon of the day of 19 .
Justice of the Peace.
FORM 7
NORTHERN TERRITORY OF AUSTRALIA
section 26
COMMITMENT OF WITNESS
To , and to each and all of the Constables of the Northern Territory of Australia and to the Keeper of the Gaol at in the Northern Territory of Australia.
Whereas of having appeared (or been brought) before the Court of Summary Jurisdiction sitting at on day, the day of ,19 , as a witness on the hearing of a certain information (complaint) against of refused to take an oath [ or having taken an oath refused to answer any ( or a certain) question then put to him/her concerning the premises; or (and) to produce books, plans, papers, documents, articles, goods, and things likely to be material evidence on such hearing (and especially )], and did not offer any just excuse for his/her refusal:
You are therefore hereby commanded to convey the said safely to the said Prison and there deliver him/her to the Keeper thereof, together with this warrant; and you, the Keeper of the said Prison, are hereby commanded to receive him/her into your custody and keep him/her (to hard labour) for the space of unless he/she in the meantime consents to be examined concerning the premises [ or (and) to produce such books, plans, papers, documents, articles, goods and things as aforesaid].
Dated the day of 19 , at , in the said Territory.
Justice of the Peace.
FORM 8
NORTHERN TERRITORY OF AUSTRALIA
section 33
CERTIFICATE OF ABILITY OF SURETY TO PAY
I, the undersigned, a Justice of the Peace for the Northern Territory of Australia, hereby certify that the bearer of this of
(whose signature is in the margin hereof), has offered himself/herself as surety for of , in the Northern Territory of Australia, and has satisfied me of his/her ability to pay the sum of dollars in the event of the recognizance for the appearance of the said becoming forfeited.
Dated the day of 19 , at , in the said Territory.
Justice of the Peace.
FORM 9
NORTHERN TERRITORY OF AUSTRALIA
sections 34, 76, 83
SECURITY FOR PENALTY, ETC.
of
(hereinafter called the defendant) was this day (or on the day of , 19 ) by a certain finding of guilt ( or order) by the Court of Summary Jurisdiction sitting at adjudged to pay the sum of (by instalments of for every days, the first instalment to be paid) forthwith ( or on the day of ,19 ), and to give security for the due payment thereof:
Now, therefore, the defendant and his/her sureties of , and of , hereby undertake that the defendant will pay the sum adjudged at the time and in the manner thereby directed, and hereby severally acknowledge themselves severally bound to forfeit and pay to the Clerk of the said Court, the sum of in case the defendant fails to perform this undertaking.
Defendant.
Sureties.
Taken and acknowledged before me the day of 19 , at , in the Northern Territory of Australia.
Justice of the Peace.
FORM 10
NORTHERN TERRITORY OF AUSTRALIA
section 38
CERTIFICATE OF NON-APPEARANCE TO BE ENDORSED ON THE DEFENDANT'S RECOGNIZANCE
I hereby certify that the said has not appeared at the time and place in the said condition mentioned, but therein has made default, by reason whereof the within-written recognizance is forfeited.
Justice of the Peace.
FORM 11
NORTHERN TERRITORY OF AUSTRALIA
sections 34, 40
SECURITY TO PERFORM CONDITION OF FORFEITED RECOGNIZANCE
, of
(hereinafter called the defendant) was by his/her recognizance entered into the day of , 19 , bound in the sum of dollars.
And the said recognizance has been adjudged to be forfeited, but the defendant has applied to the Court of Summary Jurisdiction sitting at to cancel ( or mitigate) the forfeiture:
Now, therefore, the defendant and his/her sureties, , of , and of , hereby undertake that the condition of the said recognizance shall be duly performed (and that the said shall on or before the day of , 19 , pay the sum of for costs incurred in respect of the said forfeiture); and hereby severally acknowledge themselves severally bound to forfeit and pay to , the Clerk of the said Court, the sum of in case the said defendant fails to perform the condition of the said recognizance.
Defendant.
Sureties.
Taken and acknowledged before me the day of 19 , at , in the Northern Territory of Australia.
Justice of the Peace.
FORM 12
NORTHERN TERRITORY OF AUSTRALIA
section 46
WARRANT OF COMMITMENT FOR CONTEMPT OF COURT
To ,
and to each and all of the Constables of the Northern Territory of Australia
and to the Keeper of the Common Gaol
at
Whereas of
(hereinafter called the defendant), was this day duly found guilty before the undersigned, 2 Justices of the Peace for the Northern Territory of Australia, sitting in open Court as a Court of Summary Jurisdiction at in the Northern Territory of Australia, for that on the day of , 19 , at aforesaid, he/she and was so deemed and adjudged by us the said Justices, and we thereupon adjudged the defendant for such offence to be imprisoned in the Common Gaol, at for the space of . These are therefore to command you, the said Constables, to take the defendant and safely convey him/her to the said Common Gaol aforesaid, and there to deliver him/her to the Keeper thereof, together with this warrant; and we do hereby command you, the said Keeper, to receive the defendant into the said Common Gaol and there to keep him/her to hard labour for the space of
Dated the day of 19 , at , in the Northern Territory of Australia.
Justice of the Peace.
FORM 13
NORTHERN TERRITORY OF AUSTRALIA
section 49
COMPLAINT
Defendant's Address Complainant's Address
The complaint of of
taken this day of , 19 , before the undersigned, a Justice of the Peace for the Northern Territory of Australia, who (upon oath) states that of on the day of , 19 , at in the Northern Territory of Australia, did
Taken on oath before me, the day and year first above-mentioned at in the said Territory.
Justice of the Peace.
FORM 14
NORTHERN TERRITORY OF AUSTRALIA
sections 22, 57
SUMMONS TO A PERSON ON COMPLAINT
To of
Whereas you have this day been charged by of before the undersigned, a Justice of the Peace for the Northern Territory of Australia, for that on the day of , 19 , at , in the Northern Territory of Australia you did
These are therefore, to command you to be and appear on day the day of , 19 , at o'clock in the noon, at in the said Territory before me or such other Justice or Justices of the Peace for the said Territory as may then be there, to answer the said charge, and to be further dealt with according to law.
Dated this day of 19 , at , in the said Territory.
Justice of the Peace.
PROOF OF SERVICE
I, of
make oath and say that I did on
the day
of 19 ,
between the hours of and
in
the noon,
at in
the said Territory, duly serve the within-named defendant with the within
summons by delivering a duplicate thereof to him/her personally [ or by
leaving a duplicate thereof for him/her at his/her last ( or most usual) place
of abode ( or of business) with some other person apparently an inmate thereof
( or employed thereat) and apparently not less than 16 years of age].
Made at
[place] on [date] ________________
By [signature
of deponent]
Witnessed by
Signature
_______________________________________________
Justice of the
peace / commissioner for oaths
Name
_______________________________________________
Address or phone no.
FORM 15
NORTHERN TERRITORY OF AUSTRALIA
sections 20, 58
WARRANT TO APPREHEND A PERSON ON COMPLAINT
To ,
and to each and all of the Constables and Peace Officers of the Northern
Territory of Australia.
Complaint on oath was made this day ( or on
the day
of ,
19 ),
by of
that of
(hereunder called the defendant) on the day
of ,
19 , at in the Northern Territory of Australia
did .
You
are therefore, hereby commanded to apprehend the defendant and to bring
him/her before me at
forthwith (or on day, the day of , 19 , at the hour of o'clock in the noon), or before some other Justice or Justices of the Peace for the said Territory, to answer the said charge contained in the said complaint, and to be further dealt with according to law.
Dated the day of 19 , at , in the said Territory.
Justice of the Peace.
ENDORSEMENT
It is directed that the defendant on arrest be released on bail on his/her entering into a recognizance in the sum of dollars with suret in the sum of dollars (each) for his/her appearance before the Justice or Justices within-mentioned (to be included where an order is made under section 37A of the Justices Act )
And the defendant himself/herself on his/her entering into a recognizance in the sum of dollars to comply with (here insert terms of order made under section 37A of the Justices Act ).
Justice of the Peace.
FORM 16
NORTHERN TERRITORY OF AUSTRALIA
Sections 60, 112
WARRANT OF COMMITMENT
To , and to all other Constables of the Northern Territory of Australia and to
the
Keeper of the Gaol at in the Northern Territory of
Australia.
Whereas
of
(hereinafter
called the defendant) was this day charged before me, the undersigned, a
Justice of the Peace for the said Territory, on the oath
of ,
of
for that on the day of , 19 , at in the said Territory he/she did .
These are therefore to command you, the said Constables, to take the defendant and safely convey him/her to the Gaol at aforesaid, and there deliver him/her to the Keeper thereof, together with this warrant; And I do hereby command you, the said Keeper of the said Gaol, to receive the said defendant into your custody in the said Gaol, and there safely to keep him/her until he/she shall be thence delivered by due course of law.
Dated the day of 19 , at , in the said Territory.
Justice of the Peace.
FORM 17
NORTHERN TERRITORY OF AUSTRALIA
section 60
WARRANT OF COMMITTAL OR SAFE CUSTODY DURING ADJOURNMENT OF HEARING
To , Constable and to each and all of the Constables and Peace Officers of the
Northern Territory of Australia and to the Keeper of the Common Gaol
at in
the Northern Territory of Australia.
Whereas of
(hereinafter called the defendant), was this day brought before the undersigned, a Justice of the Peace for the Northern Territory of Australia, charged for that on the day of , 19 , at in the said Territory he/she did .
And whereas, the hearing of the case being adjourned, it appears to me to be necessary to remand the defendant:
You the said Constables, are therefore hereby commanded to convey the defendant to the said Gaol, and there to deliver him/her to the Keeper thereof, together with this warrant, and you, the Keeper of the said Gaol, are hereby commanded to receive him/her into your custody, and, unless he/she shall have been bailed in the meantime, to keep him/her until the day of , 19 , and on that day to bring him/her up before me at at the hour of o'clock in the noon, or before such Justice or Justices of the Peace as shall then be there, to be further dealt with according to law, unless you the said Keeper shall be otherwise ordered in the meantime.
Dated the day of 19 .
Justice of the Peace.
ENDORSEMENT WHERE BAIL IS ALLOWED
I, the undersigned, the Justice of the Peace within-mentioned, hereby certify that the defendant may be bailed by recognizance himself/herself in dollars and suret in dollars (each), to appear before the Court on day, the day of , 19 , at the hour of o'clock in the noon (and at every time and place to which during the course of the proceedings against the defendant the hearing may be from time to time adjourned) ( to be included where an order is made under section 37A of the Justices Act )
And the defendant himself/herself on his/her entering into a recognizance in the sum of dollars to comply with ( here insert terms of order made under section 37A of the Justices Act ), and that the defendant has (not) entered into his/her recognizance(s).
Justice of the Peace.
FORM 18
NORTHERN TERRITORY OF AUSTRALIA
sections 30, 60, 114
RECOGNIZANCE OF BAIL INSTEAD OF REMAND ON AN ADJOURNMENT OF EXAMINATION
Be it remembered that, on the day of , 19 , of (hereinafter called the defendant) and of
and of personally came before me, the undersigned, a Justice of the Peace for the Northern Territory of Australia, and severally acknowledged themselves to owe to Our Sovereign Lord the King the several sums following, that is to say, the defendant the sum of dollars and the said and the said the sum of dollars (each) to be made and levied of their several goods and chattels, lands and tenements, respectively, to the use of Our said Lord the King, if the defendant shall fail in the condition endorsed hereon.
Defendant.
Sureties.
( the following to be included where an order is made under section 37A of the Justices Act :)
And the defendant also acknowledged himself/herself to owe as aforesaid the sum of dollars to be made and levied as aforesaid if he/she the defendant shall fail in the further condition endorsed hereon.
Taken and acknowledged the day and year first above-mentioned at in the Northern Territory of Australia, before me.
Justice of the Peace.
CONDITION
The condition of the within-written recognizance is such that whereas the defendant was on the day of , 19 , charged before the Justice of the Peace within-mentioned, for that on the day of , 19 , at in the said Territory, he/she did .
And whereas the examination of the witnesses for the informant (complainant) in this behalf is adjourned until the day of , 19 ; If, therefore, the defendant shall appear before the said Justice at on the said day of , 19 , at o'clock in the noon, or before such other Justice or Justices of the Peace for the Northern Territory of Australia as may then be there (and at every time and place to which, during the course of the proceedings against the defendant, the hearing may be from time to time adjourned) to further answer the said charge, and to be further dealt with according to law, then the said recognizance to be void, or else to stand in full force and virtue.
( the following is to be included where an order is made under section 37A of the Justices Act :)
FURTHER CONDITION
The further condition of the within-written recognizance ( or the further conditions of the within-written recognizance are) such that, if ( here insert terms of order made under section 37A ); then the said recognizance, in so far as the defendant has acknowledged himself/herself to owe the sum of dollars if he/she shall fail in this further condition ( or any of these further conditions), to be void; or else to stand in full force and virtue.
FORM 19
NORTHERN TERRITORY OF AUSTRALIA
section 62
WARRANT WHEN THE SUMMONS IS DISOBEYED
To , and to each and all of the Constables and Peace Officers of the Northern
Territory of Australia.
Whereas complaint (on oath ) was made this day (or on
the
day of
,
19 ) by
of
that of (hereinafter called the defendant), on the day of , 19 , at in the Northern Territory of Australia did .
And whereas the the defendant was thereupon summoned to appear before the Justice or Justices sitting at in the said Territory on day, the day of , 19 , at the hour of o'clock in the noon, to answer the said charge:
And whereas oath has been made that the defendant was duly served with the summons, but did not appear, and that such complaint is true.
You are therefore hereby commanded to apprehend the defendant and to bring him/her before me, the undersigned, a Justice of the Peace for the said Territory at forthwith ( or on day, the day of , 19 , at the hour of o'clock in the noon), or before some other Justice or Justices of the Peace for the said Territory, to answer the charge contained in the said complaint, and to be further dealt with according to law.
Dated the day of 19 , at in the said Territory.
Justice of the Peace.
ENDORSEMENT
It is directed that the defendant be on arrest released on bail on his/her entering into a recognizance in the sum of dollars with suret in the sum of dollars (each), for his/her appearance at before the Justice or Justices within-mentioned ( to be included where an order is made under section 37A of the Justices Act )
And the defendant himself/herself on his/her entering into a recognizance in the sum of dollars to comply with ( here insert terms of order made under section 37A of the Justices Act ).
Justice of the Peace.
FORM 20
NORTHERN TERRITORY OF AUSTRALIA
section 66
POSTPONEMENT OF HEARING WHEN NO COMPETENT COURT AVAILABLE
To defendant ( or witness)
Whereas of
(hereinafter
called the complainant), has duly made a complaint that
of
(hereinafter called the defendant), did on the day of 19 , at in the Northern Territory of Australia
And whereas you have been duly summoned to appear at at o'clock in the noon before such Justice or Justices of the Peace as should then be there to answer the said complaint ( or to testify what you should know concerning the matter of the said complaint or to produce certain articles).
[And whereas the hearing of the said complaint has been adjourned ( or postponed) to day, the day of , 19 , at o'clock in the noon].
And whereas no Justice of the Peace for the Northern Territory of Australia is now present to hear the said complaint.
I, , of , the Clerk of the Court of Summary Jurisdiction at , in the said Territory, do hereby postpone the hearing of the said complaint until day, the day of , 19 , at o'clock in the noon.
Dated the day of 19 , at , in the said Territory.
Clerk of the Court.
FORM 21
NORTHERN TERRITORY OF AUSTRALIA
sections 71, 72, &c.
ORDER OF DISMISSAL OF A COMPLAINT
Be it remembered that, on the day of , 19 , complaint was duly made by of , (hereinafter called the complainant), for that of , (hereinafter called the defendant) did on the day of , 19 , at , in the Northern Territory of Australia,
Now on this day, to wit, on the day of , 19 , at , in the said Territory, we, the undersigned, 2 Justices of the Peace for the Northern Territory of Australia, having heard the said complaint, do dismiss the same, and do order that the complainant do pay to the defendant the sum of for his/her costs incurred by him/her in his defence in this behalf; and if the said sum for costs be not paid forthwith we order that the same be levied by distress and sale of the goods and chattels of the complainant, and in default of sufficiency of distress in that behalf we adjudge the complainant to be imprisoned in the at in the said Territory, for the space of unless the said sum for costs, and all costs and charges of the said distress, shall be sooner paid.
Dated the day of 19 , at , in the said Territory.
Justices of the Peace.
FORM 22
NORTHERN TERRITORY OF AUSTRALIA
section 71
CERTIFICATE OF DISMISSAL
We hereby certify that a complaint made
by of
,
against of
for
that on the
day of
19 , at
in the Northern Territory of Australia, he/she did
was this day heard by us, the undersigned, 2 Justices of the Peace for the Northern Territory of Australia, and was by us dismissed.
Dated this day of , 19 .
Justices of the Peace.
FORM 23
NORTHERN TERRITORY OF AUSTRALIA
sections 72, 77, 84, &c.
FINDING OF GUILT FOR A PENALTY TO BE LEVIED BY DISTRESS AND, IN DEFAULT OF SUFFICIENCY OF DISTRESS, BY IMPRISONMENT
Be it remembered that
of
(hereinafter
called the defendant) is found guilty before the undersigned, 2 Justices of
the Peace for the Northern Territory of Australia, for that on the
day of ,
19 , at
in the Northern Territory of Australia, he/she
did
And
we adjudge the defendant for his/her said offence to forfeit and pay the sum
of
to be paid and applied according to law, and also to pay to
of , the complainant, the sum of for his/her costs in this behalf; and if the said several sums be not paid forthwith we order that the same be levied by distress and sale of the goods and chattels of the defendant, and, in default of sufficiency of distress in that behalf, we adjudge that the defendant be imprisoned in the Common Gaol at , in the said Territory, and there kept to hard labour for the space of unless the said several sums and all costs and charges of the said distress shall be sooner paid.
Dated the day of 19 , at , in the said Territory.
Justices of the Peace.
FORM 24
NORTHERN TERRITORY OF AUSTRALIA
sections 72, 77, 85, &c.
FINDING OF GUILT FOR A PENALTY AND IN DEFAULT OF PAYMENT, IMPRISONMENT
Be it remembered that of
(hereinafter called the defendant) is found guilty before us, the undersigned,
2 Justices of the Peace for the Northern Territory of Australia, for that on
the
day
of ,
19 , at in the Northern Territory of Australia, he/she did
And we adjudge the
defendant for his/her said offence to forfeit and pay the sum
of ,
to be paid and applied according to law; and also to pay to
, the complainant, the sum of for his/her costs in this behalf; And if the said several sums be not paid forthwith we adjudge the defendant to be imprisoned in the Common Gaol at , in the said Territory, and there to be kept to hard labour for the space of unless the said several sums shall be sooner paid.
Dated the day of 19 , at , in the Northern Territory of Australia.
FORM 25
NORTHERN TERRITORY OF AUSTRALIA
section 72, &c.
CONVICTION WHEN THE PUNISHMENT IS BY IMPRISONMENT
Be it remembered that of
(hereinafter called the defendant) is convicted before us, the undersigned, 2 Justices of the Peace for the Northern Territory of Australia, for that on the day of , 19 , at in the Northern Territory of Australia, he/she did
And we adjudge the defendant for his said offence to be imprisoned in the Common Gaol at , in the said Territory, and there kept to hard labour for the space of
Dated the day of 19 , at , in the said Territory.
Justices of the Peace.
FORM 26
NORTHERN TERRITORY OF AUSTRALIA
sections 72, 77, &c.
ORDER FOR PAYMENT OF MONEY TO BE LEVIED BY DISTRESS AND, IN DEFAULT OF DISTRESS, IMPRISONMENT
Be it remembered that, on
the day
of , 19 ,
complaint was duly made
by ,
of ,
(hereinafter called the complainant), for that
of ,
(hereinafter called the defendant), did on the day of
, 19 ,
at in
the Northern Territory of Australia,
Now on
this day, to wit, on the day
of ,
19 ,
at ,
in the said Territory, we, the undersigned, 2 Justices of the Peace for the
Northern Territory of Australia, having heard the matter of the said
complaint, do adjudge the defendant do pay the sum
of ,
and also to pay to the complainant the sum of for his/her costs in this
behalf, and if the said several sums be not paid forthwith we do order that
the same be levied by distress and sale of the goods and chattels of the
defendant, and in default of sufficiency of distress in that behalf we adjudge
the defendant to be imprisoned in the
at in the said Territory for the space of , unless the said several sums, and all costs and charges of the said distress, shall be sooner paid.
Dated the day of 19 , at , in the said Territory.
Justices of the Peace.
FORM 27
NORTHERN TERRITORY OF AUSTRALIA
sections 72, 77, &c.
ORDER FOR PAYMENT OF MONEY AND, IN DEFAULT OF PAYMENT, IMPRISONMENT
Be it remembered that, on the day of , 19 , complaint was duly made by , of , (hereinafter called the complainant), for that of , (hereinafter called the defendant), did on the day of , 19 , at
in the Northern Territory of Australia,
Now on this day, to wit, on the
day of ,
19 ,
at ,
in the said Territory, we, the undersigned, 2 Justices of the Peace for the
Northern Territory of Australia, having heard the matter of the said
complaint, do adjudge the defendant do pay the sum
of ,
and also to pay to the complainant the sum of for his costs in this behalf,
and if the said several sums be not paid forthwith we adjudge the said
defendant to be imprisoned in the
at in the said Territory for the space of , unless the said several sums shall be sooner paid.
Dated the day of 19 , at , in the said Territory.
Justices of the Peace.
FORM 28
NORTHERN TERRITORY OF AUSTRALIA
sections 72, 77, &c.
ORDER FOR ANY MATTER WHERE THE DISOBEYING OF IT IS PUNISHABLE WITH
IMPRISONMENT
Be it remembered
that, on the day
of ,
19 , complaint was duly made
by ,
of ,
(hereinafter called the complainant), for that
of ,
(hereinafter called the defendant), did on
the day
of ,
19 , at
in the Northern Territory of Australia,
Now on this day, to wit, on the day of , 19 , at , in the said Territory, we, the undersigned, 2 Justices of the Peace for the Northern Territory of Australia, having heard the matter of the said complaint, do adjudge the defendant to ( here set out adjudication shortly ) and if upon a copy of a minute of this order being served upon the defendant, either personally or by leaving the same for him at his last or most usual place of abode, he shall neglect or refuse to obey the same, in that case we adjudge the defendant for such disobedience to be imprisoned in the at for the space of , and we do also adjudge the defendant to pay to the complainant the sum of for his costs in this behalf; and if the said sum for costs be not paid forthwith we order the same to be levied by distress and sale of the goods and chattels of the defendant unless the said sum and costs shall be sooner paid.
Dated the day of 19 , at , in the said Territory.
Justices of the Peace.
FORM 38
NORTHERN TERRITORY OF AUSTRALIA
section 101
INFORMATION FOR AN INDICTABLE OFFENCE
Defendant's Address:
Informant's Address:
The information of
of
taken this day of , 19 , before the undersigned, a Justice of the Peace for the Northern Territory of Australia, who (upon oath) states that of on the day of , 19 , at in the Northern Territory of Australia, did
Taken on oath before me, the day and year first above-mentioned at in the said Territory.
Justice of the Peace.
FORM 39
NORTHERN TERRITORY OF AUSTRALIA
sections 20, 103
WARRANT TO APPREHEND A PERSON CHARGED WITH AN INDICTABLE OFFENCE
To
, and to each and all of the Constables and Peace Officers of the Northern
Territory of Australia.
Information on oath was laid this day ( or on the
day of
,
19 )
by of
that of
(hereinafter called the defendant), on the day of , 19 , at in the Northern Territory of Australia did
You are therefore hereby commanded to apprehend the defendant and to bring him/her before me, the undersigned, a Justice of the Peace for the Northern Territory of Australia, at forthwith (or on day, the day of , 19 , at the hour of o'clock in the noon), or before such other Justice or Justices of the Peace for the Northern Territory of Australia, to answer the said charge contained in the said information, and to be further dealt with according to law.
Dated the day of 19 , at in the said Territory.
Justice of the Peace.
ENDORSEMENT
It is directed that the defendant on arrest be released on bail on his/her entering into a recognizance in the sum of dollars with suret in the sum of dollars (each), for his/her appearance before the Justice or Justices within-mentioned ( to be included where an order is made under section 37A of the Justices Act )
And the defendant himself/herself on his/her entering into a recognizance in the sum of dollars to comply with ( here insert terms of order made under section 37 of the Justices Act ).
Justice of the Peace.
FORM 40
NORTHERN TERRITORY OF AUSTRALIA
sections 22, 104
SUMMONS TO A PERSON CHARGED WITH AN INDICTABLE OFFENCE
To
of
Whereas you have this day been charged by
of before the undersigned, a Justice of the Peace for the Northern Territory of Australia, for that on the day of 19 , at in the Northern Territory of Australia you did
These are therefore to command you to be and appear on day the day of , 19 , at o'clock in the noon, at in the said Territory before me or such other Justice or Justices of the Peace for the Northern Territory of Australia, as may then be there, to answer the said charge, and to be further dealt with according to law.
Dated this day of 19 , at , in the said Territory.
Justice of the Peace.
PROOF OF SERVICE
I,
of
make oath and say that I did on
the day
of
19 , between the hours of
and
o'clock in the
noon, at
in the said Territory, duly serve the within-named defendant with the within
summons by delivering a duplicate to him/her personally [or by leaving a
duplicate thereof for him/her at his/her last ( or most usual) place of abode
( or of business) with some other person apparently an inmate thereof ( or
employed thereat) and apparently not less than 16 years of age].
Made at
[place] on [date] ________________
By [signature
of deponent]
Witnessed by
Signature
_______________________________________________
Justice of the
peace / commissioner for oaths
Name
_______________________________________________
Address or phone no.
FORM 41
NORTHERN TERRITORY OF AUSTRALIA
section 105
WARRANT WHEN A SUMMONS IS DISOBEYED
To
, and to each and all of the Constables and Peace Officers of the Northern
Territory of Australia.
Whereas information (on oath) was laid this day ( or
on the
day of
,
19 ) by
of
that
of (hereinafter
called the defendant), on the
day of
,
19 , at
in the Northern Territory of Australia, did
And whereas the defendant was
thereupon summoned to appear before the Justice or Justices sitting at
in the said Territory on day, the day of 19 , at the hour of o'clock in the noon to answer the said charge:
And whereas oath has been made that the defendant was duly served with the summons, but did not appear, and that such information is true.
You are therefore hereby commanded to apprehend the defendant and to bring him before me, the undersigned, a Justice of the Peace for the Northern Territory of Australia, at forthwith ( or on day, the day of , 19 , at the hour of o'clock in the noon), or before such other Justice or Justices of the Peace for the Northern Territory of Australia, to answer the charge contained in the said information, and to be further dealt with according to law.
Dated the day of 19 , at , in the said Territory.
Justice of the Peace.
ENDORSEMENT
It is directed that the defendant be on arrest released on bail on his/her entering into a recognizance in the sum of dollars with suret in the sum of dollars (each), for his/her appearance at before the Justice or Justices within-mentioned ( to be included where an order is made under section 37A of the Justices Act )
And the defendant himself/herself on his/her entering into a recognizance in the sum of dollars to comply with ( here insert terms of order made under section 37 of the Justices Act ).
Justice of the Peace.
FORM 44
NORTHERN TERRITORY OF AUSTRALIA
sections 113, 124
WARRANT REMANDING A PERSON CHARGED WITH AN INDICTABLE OFFENCE
To and to each and all of the Constables of the Northern Territory of Australia and to the Keeper of the in the Northern Territory of Australia.
Whereas of (hereinafter called the defendant) was this day brought before me, the undersigned, a Justice of the Peace for the Northern Territory of Australia, upon an information charging him/her for that on the day of , 19 , at in the Northern Territory of Australia, he/she did
And whereas it appears to me to be necessary to remand the defendant:
You, the said Constables, are therefore hereby commanded to convey the defendant to the said Prison and there to deliver him/her to the Keeper thereof, together with this warrant, and you, the Keeper of the said Prison, are hereby commanded to receive him/her into your custody, and, unless he/she shall have been bailed in the meantime, to keep him/her until the day of , 19 , and on that day to have him/her at , at the hour of o'clock in the noon, before me or before such other Justice or Justices of the Peace for the Northern Territory of Australia as may then be there, to be further dealt with according to law, unless you, the said Keeper, shall be otherwise ordered in the meantime.
Dated the day of 19 , at , in the said Territory.
Justice of the Peace.
ENDORSEMENT WHERE BAIL IS ALLOWED
I hereby certify that the defendant may be bailed by recognizance himself/herself in dollars and suret in dollars (each), to appear before the Justice or Justices within-mentioned on day, the day of , 19 , at the hour of o'clock in the noon (and at every time and place to which during the course of the proceedings against the defendant the hearing may be from time to time adjourned) ( to be included where an order is made under section 37A of the Justices Act )
And the defendant himself/herself on his/her entering into a recognizance in the sum of dollars to comply with ( here insert terms of order made under section 37A of the Justices Act ), and that the defendant has (not) entered into his/her recognizance(s).
Justice of the Peace.
FORM 45
NORTHERN TERRITORY OF AUSTRALIA
sections 114, &c.
NOTICE OF RECOGNIZANCE TO BE GIVEN TO THE DEFENDANT AND HIS SURETIES
Take notice that
you, of
(hereinafter
called the defendant) are bound in the sum of
dollars
and your sureties of and
of in the sum of dollars (each) that you the defendant appear before me, the undersigned, a Justice of the Peace for the Northern Territory of Australia, on day the day of , 19 , at o'clock in the noon, at
or before such other Justice or Justices of the Peace for the Northern Territory of Australia as may then be there (and at every time and place to which during the course of the proceedings against the defendant, the hearing may be from time to time adjourned), to answer further to the charge made against you by and to be further dealt with according to law; and unless you, the defendant, personally appear accordingly, the recognizances entered into by yourself and your sureties will be forthwith levied on you and them.
( The following is to be included where an order is made under section 37A of the Justices Act :)
And take notice that you, the defendant, are bound in the sum of dollars, that you, the defendant, ( here insert terms of order made under section 37A ); and, unless you comply with that condition ( or these conditions), the recognizance entered into by you in so far as you have acknowledged yourself to owe the sum of dollars if you shall fail so to comply will be forthwith levied on you.
Dated the day of 19 , at in the said Territory.
Justice of the Peace.
FORM 46
NORTHERN TERRITORY OF AUSTRALIA
section 117
RECOGNIZANCE TO GIVE EVIDENCE
Be it remembered that on the day of
19 , personally came before me, a Justice of the Peace for the Northern Territory of Australia and acknowledged themselves to owe to Our Sovereign Lord the King the sum of dollars each, to be made and levied of their several goods and chattels, lands and tenements, to the use of Our said Sovereign Lord the King if they shall fail in the condition endorsed thereon.
Taken and acknowledged the day and year first above-mentioned, at in the Northern Territory of Australia, before me,
Justice of the Peace.
CONDITION TO GIVE EVIDENCE
The condition of the within-written recognizance is such, that whereas of , in the said Territory (hereinafter called the defendant), was this day charged before the Justice of the Peace within-mentioned, for that on the day of , 19 , at in the said Territory he/she did
If, therefore, they the said
shall appear at the next Court of Oyer and Terminer and General Gaol Delivery, to be held at in the said Territory, or shall appear at such other place as may hereafter be ordered by a Judge of the Supreme Court, and there give such evidence as they know upon an information to be then and there preferred against the defendant for the offence aforesaid, then the said recognizance to be void, or else to stand in full force and virtue.
FORM 47
NORTHERN TERRITORY OF AUSTRALIA
sections 117
NOTICE OF RECOGNIZANCE TO BE GIVEN TO THE WITNESSES
To
of
Take notice that you are bound in the sum of
dollars to appear at the next Court of Oyer and Terminer and General Gaol
Delivery to be held at
in the Northern Territory of Australia, and then and
there give evidence against ( or on behalf of)
of
:
And unless you then appear there, and give evidence accordingly, the recognizance entered into by you will be forthwith levied on you.
Dated this day of 19 .
Justice of the Peace.
FORM 48
NORTHERN TERRITORY OF AUSTRALIA
section 125
WARRANT OF COMMITMENT ON A CONVICTION OF AN INFORMATION WHERE THE PUNISHMENT IS BY IMPRISONMENT
To
, and to each and all of the Constables of the Northern Territory of Australia
and to the Keeper of the Goal at
in the Northern Territory of Australia.
Whereas
of in
the said Territory (hereinafter called the defendant) was this day at
in the said Territory charged before us, the undersigned
and , Esquires, 2 Justices of the Peace for the Northern Territory of Australia, for that the defendant on the day of 19 , at in the said Territory did
And the defendant having consented to our deciding on the charge summarily was convicted before us of the said charge; And it was adjudged that the defendant for his/her said offence should be imprisoned and kept to hard labour in the Gaol at , in the said Territory for the space of :
These are therefore to command you, the said Constables, to take the defendant and him/her safely convey to the Gaol aforesaid, and there to deliver him/her to the Keeper thereof, together with this warrant; And we do hereby command you, the said Keeper of the said Gaol, to receive the defendant into your custody in the said Gaol and there to imprison him/her and keep him/her for the space of
Dated this day of 19 , at in the said Territory.
Justice of the Peace.
FORM 49
NORTHERN TERRITORY OF AUSTRALIA
sections 128, 131
ORDER DISMISSING A CHARGE OF A MINOR INDICTABLE OFFENCE
Be it remembered that, on the day of
19 , of (hereinafter called the defendant) was charged before me, the undersigned, a Special Magistrate ( or before us, the undersigned, 2 Justices of the Peace) for the Northern Territory of Australia for that on the day of 19 , at in the Northern Territory of Australia, he/she did
And I (we) having summarily adjudicated thereon, dismissed the said charge.
Dated this day of 19 , at in the said Territory.
Special Magistrate
( or Justices of the Peace).
FORM 50
NORTHERN TERRITORY OF AUSTRALIA
section 128
CERTIFICATE OF DISMISSAL OF A CHARGE OF A MINOR INDICTABLE OFFENCE
I, the undersigned, a Special Magistrate ( or We, the undersigned, 2 Justices of the Peace) for the Northern Territory of Australia, hereby certify that on the day of 19 , at , in the Northern Territory of Australia,
of (hereinafter called the defendant) was charged before me ( or us) for that on the day of 19 , at in the said Territory, he/she did
and I ( or we), having summarily adjudicated thereon, dismissed the said charge.
Dated this day of 19 , at , in the said Territory.
Special Magistrate
( or Justices of the Peace).
FORM 51
NORTHERN TERRITORY OF AUSTRALIA
sections 129, 131
CONVICTION FOR A MINOR INDICTABLE OFFENCE
Be it remembered that of
(hereinafter called the defendant) being charged before me, the undersigned, a Special Magistrate ( or before us, the undersigned, 2 Justices of the Peace) for the Northern Territory of Australia, is convicted before me ( or us) for that on the day of 19 , at , in the Northern Territory of Australia, he/she did
And I ( or we) adjudge the defendant for such offence to be imprisoned in the Gaol at in the said Territory, for the space of
Dated this day of 19 , at in the said Territory.
Special Magistrate
( or Justices of the Peace).
FORM 52
NORTHERN TERRITORY OF AUSTRALIA
sections 136, 140
WARRANT OF COMMITTAL FOR SENTENCE
To
, and to each and all of the Constables of the Northern Territory of
Australia, and to the Keeper of the Gaol at in the Northern Territory of
Australia.
Whereas
of
(hereinafter called the defendant) was this day charged before me, the
undersigned, a Justice of the Peace for the Northern Territory of Australia,
on the oath
of of
for that on the day of 19 , at in the said Territory, he/she did
And whereas the defendant has pleaded guilty to the said charge:
These are, therefore, to command you, the said Constables, to take the defendant and him/her safely convey to the Gaol aforesaid, and there to deliver him/her to the Keeper thereof, together with this warrant: And I do hereby command you, the said Keeper of the said Gaol, to receive the defendant into your custody in the said Gaol to appear for sentence before the next Court of Oyer and Terminer or General Gaol Delivery, to be held at in the said Territory, or at such other place as may hereafter be ordered by a Judge of the Supreme Court, and in the meantime to safely keep him/her in such Gaol.
Dated this day of 19 , at in the said Territory.
Justice of the Peace.
FORM 53
NORTHERN TERRITORY OF AUSTRALIA
section 136
COMMITTAL FOR SENTENCE
of (hereinafter called the defendant) stands charged before me, the undersigned, a Justice of the Peace for the Northern Territory of Australia, for that on day of , 19 , at in the Northern Territory of Australia, he did
and the examination of all the witnesses on the part of the prosecution having been completed and thereupon the defendant being asked by me whether he wishes to plead to the said charge and the defendant signifying a desire to do so, and the said charge being read to him, and I having said to him, "Are you guilty or not guilty of the offence with which you are charged?" the defendant thereupon pleads guilty, and now I do in manner provided by the Justices Act , and in pursuance of the said Act, admit the defendant to bail ( or commit the defendant to the Gaol at , in the said Territory) to appear for the sentence before the next Court of Oyer and Terminer and General Gaol Delivery, to be held at in the said Territory, or at such other place as may hereafter be ordered by a Judge of the Supreme Court.
Dated the day of 19 , at in the said Territory.
Justice of the Peace.
FORM 58
NORTHERN TERRITORY OF AUSTRALIA
section 153
DEPOSITION OF WITNESS DANGEROUSLY ILL AND NOT LIKELY TO RECOVER
The examination and deposition of
of (hereinafter called the witness ) taken on oath this day of 19 , at in the Northern Territory of Australia, before the undersigned, a Justice of the Peace for the Northern Territory of Australia, it having been made to appear to my satisfaction that the witness is dangerously ill and is, in the opinion of of , in the said Territory, a legally qualified medical practitioner, not likely to recover from such illness, and that the witness is able and willing to give material information relating to a certain indictable offence, namely, the offence of ( or relating to of , who is accused of a certain indictable offence, namely, the offence of and that it is not practicable for any Justice of the Peace for the Northern Territory of Australia to take the deposition of the witness at the preliminary examination of such person so accused).
The witness on his/her oath says as follows:
The above deposition of the witness was taken on oath before me at in the said Territory, on the day and year first above-mentioned, the following persons being present at the taking thereof:
Justice of the Peace.
FORM 59
NORTHERN TERRITORY OF AUSTRALIA
sections 154, 155
NOTICE OF INTENTION TO TAKE DEPOSITION OF WITNESS DANGEROUSLY ILL AND NOT LIKELY TO RECOVER
To of
I, of
hereby give you notice that Esquire, a Justice of the Peace for the Northern Territory of Australia, intends on day the day of , 19 , at , in the Northern Territory of Australia, to take the statement of of ,who is dangerously ill and is, in the opinion of a certain legally qualified medical practitioner, not likely to recover from such illness, and who is alleged to be able and willing to give material information relating to a certain indictable offence, namely, the offence of (or relating to you being a person accused of a certain indictable offence, namely, the offence of , it not being practicable for any Justice to take the statement of the said at the preliminary examination of you the said accused).
Dated this day of 19 .
FORM 60
NORTHERN TERRITORY OF AUSTRALIA
section 155
ORDER TO CONVEY A PRISONER TO PLACE OF TAKING DEPOSITION OF A WITNESS DANGEROUSLY ILL
To the Keeper of the Gaol at in the Northern Territory of Australia.
Whereas it appears to me the undersigned, a Justice of the Peace for the Northern Territory of Australia, that now in your custody (under my commitment) has duly served ( or has received from ) a notice pursuant to the Justices Act , that a certain Justice of the Peace for the said Territory intends [As in Form 59]
Now I, the undersigned, the said committing Justice ( or one of the visiting Justices of the said Gaol) do hereby, by virtue of the said Act direct you to convey the said to the place mentioned in the said notice, for the purpose of being present at the taking of the statement of the said
Dated the day of , 19 .
Justice of the Peace.
FORM 61
NORTHERN TERRITORY OF AUSTRALIA
section 162
SPECIAL CASE STATED BY COURT OF SUMMARY JURISDICTION
In the Court of Summary Jurisdiction at
Between informant
(or complainant) and defendant.
Special
case stated by me ( or us) the
undersigned,
a Special Magistrate ( or 2 Justices of the Peace) for the Northern Territory of Australia reserving questions of law for the consideration of the Supreme Court of the Northern Territory, pursuant to section 162 of the Justices Act.
I. The above-named informant laid an information ( or complainant made a complaint) against the above-named defendant for that the said defendant did on the day of , 19 , at , in the Northern Territory of Australia.
II. The said information ( or complaint) came on for hearing before me ( or us) on the day of , 19 , and the result of such hearing was as follows:
III. At the said hearing the following facts were either proved, or admitted by the parties:
1.
2.
3.
4.
5.
6.
IV. Upon these facts I ( or we) found that
V. On the part of the informant ( or complainant) it was contended that
VI. On the part of the defendant it was contended that
VII. I ( or we) were of opinion in point of law that
VIII. The question of law upon which this case is stated for the opinion of the Supreme Court is whether
IX. For the information of the Supreme Court a copy of the evidence taken upon the hearing of the said information ( or complaint) is attached hereto.
Dated the day of 19 , at in the said Territory.
Special Magistrate
( or Justices of the Peace).
FORM 62
NORTHERN TERRITORY OF AUSTRALIA
sections 167, 171
RECOGNIZANCE TO PROSECUTE APPEAL
Be it remembered that, on the
day
of 19 ,
of
(hereinafter called
the appellant) and of
and of , personally came before me the undersigned, a Justice of the Peace for the Northern Territory of Australia, and severally acknowledged themselves to owe to Our Sovereign Lord the King the sum of dollars to be made and levied of their goods and chattels to the use of our said Lord the King if the appellant shall fail in the condition hereunder written.
Defendant.
Sureties.
( the following to be included where an order is made under section 37A of the Justices Act :)
And the defendant also acknowledged himself/herself to owe as aforesaid the sum of dollars to be made and levied as aforesaid if he/she the defendant shall fail in the further condition endorsed hereon.
Taken and acknowledged the day and year first above-mentioned at in the Northern Territory of Australia, before me,
Justice of the Peace.
CONDITION
The condition of the within-written recognizance is such that
Whereas on the
day of
,
19 , an information was laid (or complaint was made)
by of
against of
And
whereas the said information ( or complaint) was heard by the Court of Summary
Jurisdiction at
on the day of 19 .
And the said Court [ Here set out result of hearing .]
And whereas the appellant, being dissatisfied with the said determination, has appealed to the Supreme Court of the Northern Territory against the same; if therefore the appellant shall duly prosecute without delay such his appeal and submit to the judgment of the said Court thereon, and pay such costs as may be awarded by the Court, then this recognizance to be void, or else to stand in full force and virtue ( the following is to be included where an order is made under section 37A of the Justices Act :)
FURTHER CONDITION
The further condition of the within-written recognizance ( or the further conditions of the within-written recognizance are) such that, if ( here insert terms of order made under section 37A ); then the said recognizance, in so far as the defendant has acknowledged himself/herself to owe the sum of dollars if he/she shall fail in this further condition ( or any of these further conditions), to be void; or else to stand in full force and virtue.
FORM 62A
NORTHERN TERRITORY OF AUSTRALIA
sections 167, 168 and 171
RECOGNIZANCE TO PROSECUTE APPEAL WHEREAPPELLANT IS IN CUSTODY
Be it remembered that, on the
day of
19 ,
, of
(hereinafter called the appellant) and of
, and
of
personally came before me, the undersigned, a Justice of the Peace for the Northern Territory of Australia, and severally acknowledged themselves to owe to our Sovereign Lady the Queen the sum of dollars to be made and levied of their goods and chattels to the use of our said Lady the Queen if the appellant shall fail in the conditions hereunder written.
Defendant.
Sureties.
( the following to be included where an order is made under section 37A of the Justices Act :)
And the defendant also acknowledged himself/herself to owe as aforesaid the sum of dollars to be made and levied as aforesaid if he/she the defendant shall fail in the further condition endorsed hereon.
Taken and acknowledged the day and year first above-mentioned at in the Northern Territory of Australia, before me,
Justice of the Peace.
CONDITION
The conditions of the within-written recognizance are such that whereas on the
day of ,
19 ,
by
of against
of and
whereas the said
was heard by the Court of Summary Jurisdiction at
on the
day of
19 ,
and the said Court [ Here set out result of hearing ]
And whereas the appellant, being dissatisfied with the said determination, has appealed to the Supreme Court of the Northern Territory of Australia against the same; if therefore the appellant shall duly prosecute without delay such his appeal and submit to the judgment of the said Court thereon, and pay such costs as may be awarded by the Court, and if the appellant shall appeal before the Justice or Justices whose decision is appealed against or before some other Justice or Justices, within 14 days after the decision of the appeal, to abide the result of that decision, unless the finding of guilt or order is reversed, then this recognizance to be void, or else to stand in full force and virtue. ( the following is to be included where an order is made under section 37A of the Justices Act :)
FURTHER CONDITION
The further condition of the within-written recognizance ( or the further conditions of the within-written recognizance are) such that, if ( here insert terms of order made under section 37A ); then the said recognizance, in so far as the defendant has acknowledged himself/herself to owe the sum of dollars if he/she shall fail in this further condition ( or any of these further conditions), to be void; or else to stand in full force and virtue.
FORM 63
NORTHERN TERRITORY OF AUSTRALIA
sections 171, 172
NOTICE OF APPEAL
In the matter of a conviction, finding of guilt ( or order or adjudication) made on the day of , 19 , by the Court of Summary Jurisdiction at , in the Northern Territory of Australia, on the hearing of a certain information ( or complaint) wherein , of , was informant ( or complainant), and , of , as defendant.
To and Justices of the Peace for the Northern Territory of Australia and to the Clerk of the Court of Summary Jurisdiction at and to the above-named
Take notice that of
intends to institute and duly prosecute an appeal and hereby appeals to the Supreme Court of the Northern Territory against a certain conviction, finding of guilt ( or order or adjudication) made on the day of , 19 , by you the said Justices, sitting as a Court of Summary Jurisdiction at in the said Territory whereby you [ Here set out the conviction, finding of guilt or order or adjudication ]
And take notice that the appellant intends to institute and duly prosecute the appeal at the sittings of that Supreme Court which will, in accordance with the rules of that Supreme Court, if practicable commence at Darwin [or Alice Springs] on a day which is the first day after the expiration of 21 days from the service of this notice on which sittings of that Supreme Court for hearing appeals under the Justices Act have been set down to commence.
And take notice that the grounds of such appeal are
Dated this day of , 19 .
Appellant .