Appropriation Act of Fines 1844 (SA)

AKNO SEPTIMO ET OCTAVO

VICTORIZ REGINB.

By His Excellency GEORGE GREY Esquire Governor and Commander-ia- Chkf of

Her Majesty's Province of South AustraZia and its Dependencies and Vice- Admiral oj' the same by and with the advice and coment of the Legislative Council.

A?2 Ordinnnce *for the more efectual npprop~iation qf Fines and

Penalties in Soouth Australia,-under	certain Statwtes in force
in England applicable to the Province.

W HEREAS there are many Statutes the provisions of which it is Preamble.

expedient and necessary should be applied in the administration of Justice in this Province, but which have been deemed to be inappli- cable thereto, by reason of the fines, forfcitures, and penalties, therein respectively specified, being directed to be appropriated for the use or on behalf of the poor of the parish, township, or place respec- tively:

Be it therefore Enacted by His Excellency the Governor of menever my W- lish Law or Statute

South Australia, with the advice and consent of the Legislative appointu a for

Council thereof: That whenever any Law or Statute that is or ~ ~; ; e ~ ~ ~ ~ : ; ; F ;

shall bc in force in England, and which shall be in other respects the support of the des-

applicable to the said Province, shall direct the appropriation of any of^;

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forfeiture, penalty, or sum of money, or any part thereof, for the use or on behalf of the poor of any parish, township, or other place, the same shall be and is hereby required to be paid to the Colonial Treasurer of the Province, to form a separate fund, calledu The " Relief Fund," and to be applied, by order of the Governor, for the relief and support of such destitute sick, or other paor persons, as through age, infirmity, or accident, are unable to support themselves.

1 11. And

Jueticeasha~gcaueed

penalties to be levied, 11. And whereas Juatices of the Peace for the Province of South

to be protected from Australia, have heretofore exercised a summary jurisdiction, under

done poediwafO* SO. having and by virtue of the Laws and Statutes hereinbefore recited; and whereas the said Justices, or some of them, have made, done, and caused to be executed, divers judgments, orders, acts, and things, and have caused divers penalties to be enforced, and sums of money to be levied, under the powers of the said recited Laws and Statutes; and whereas it is expedient, that all persons shall be protected aud indemnified from vexatious proceedings~ for or by reason of any such judgment, sentence, order, act or thuiig, made, paused, done, or executed by them: Be it therefore Enacted, That no proceedings shall be commenced, prosecuted, or rnaintaincd, by any person whatsoever, against any Justice of the Peace, for having exercised summary jurisdiction, under any such Laws or Statutes, as aforesaid, or against any other person whatsoever, who may have done any act or thing under and by virtue of any judgment, seiltence, or ordcr of any Justice of the Peace, exercising such jurisdiction; and if any action or suit shall be brought against any Justice of the Peace, constable, or other person for any act or thing done, or purporting to be done, under and by virtue of any such Law or Statute as aforesaid, the defendant in every such action or suit may plead the general issue, and may g i ~ e this Ordinance and thc special matter in evidence at any trial to be had thereupon; and if the verdict shall be for the defendant, or if thc plaintiff be non-suited, or discontinue his action or suit, after the defendant shall have appeared, or if upon demurrer, judgmcnt shall be given against the plaintiff, the def'en- dant shall have treble costs, and shall have like remedy for the same as any other defendant hath in any other case to recover costs by Law.

G. GREY,

Governor and Commander-in-Chief.

Passed the Legislative Council, this second

day of September, 1844.

W. L. O'HALLORAN,

'

Clerk of Council.

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Adelaide : Printed by authority by W. C. Cox, Government Printer, Viotoria-quare.