Colonial Distillation Act 1844 No 3a (NSW)

No. XXVII.

An Act to amend an Act inti tuled " An Act to " consolidate and amend the Laws for the distil- " lation of Spirits in the Colony of New South " Wales and for the issue of Licenses for dist'd- " ling rectifying and compounding Spirits therein " and for repealing certain 1M.WS relating thereto'" and to indemnify certain Just ices of the said

Colony. [7th March, 1844.]

WHEREAS by an Act passed by the Governor and Legislative Council of New South Wales in the third year of the reign of	Her present Majesty intituled " An Act to consolidate and amend the
" Laws for the distillation of Spirlits in the Colony of New South " Wales and for the issue of Licenses for distilling rectifying and " compounding Spirits therein and for repealing certain Laws relating " thereto" it was enacted that all fines forfeitures and penalties imposed thereby might be recovered before any two or more Justices of the Peace as well as before the Judges of the Supreme Court or in the Court of Vice Admiralty and whereas it has lately been decided by the Supreme Court that Justices of the Peace had no summary jurisdiction under the said recited Act and it is expedient to amend the same Be it therefore enacted by His Excellency the Governor of New South Wales with the advice and consent of the Legislative Council thereof That when any lines forfeitures or penalties are sued for before Justices of the Peace under the said recited Act or any Act amending the same the same may and shall be heard and determined by any two or more Justices of the Peace in a summary way and that all such proceedings shall be regulated according to the provisions of an Act passed in the fifth year of the reign of l l i s late Majesty King William the Fourth intituled " An Act to regulate summary proceedings before Justices of the Peace " so far as the same shall bo applicable.
2. And whereas it is equitable and just that Justices of the Peace who may have adjudicated in a summary way upon cases brought before them under the hereinbefore first recited Act or any Act amending the same should be protected from all actions or suits or other proceedings in respect to any matter or thing done by them under the said first recited Act or any Act amending the same Be it enacted That no action suit information indictment prosecution or other proceeding whatsoever shall be commenced or prosecuted in any manner howsoever against such Justices for any matter or thing done by them under the said recited Act or any Act amending the same previous to the said decision of the Supreme Court by reason of the want of power and authority in such Justices to hear and determine such, case in a summary way and if any action suit information indictment prosecution or proceeding whatsoever shall be commenced or prosecuted against any such Justices or against any Sheriff Gaoler Constable Bailiff or other person acting under and in obedience to any warrant order or conviction of any such Justices in respect of their want of summary jurisdiction under the said recited Act or Acts as aforesaid it shall lie lawful for the defendant or defendants to apply to the Supreme Court or any Judge thereof to stay proceedings and such Court or Judge respectively is hereby required to stay such proceedings accordingly and make such order as to the costs of such application as to the said Court or Judge shall seem fit.

No. X X V I I I .