Distress warrants amendment (1873) (WA)

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37 VICTORIIE. No. 1

Justices of the Peace, ctc.

WESTERN AUSTRALIA

ANNO TRIGES/M0 SEPTIMO

VICTORLE REGIME

No. 1

An Act to amend the Law concerning Warrants of

Distress.

[Assented to 3rd July, 1873.

Preamble

HEREAS the provisions of the twenty-first section of the

WOrdinance 14th Victoria, No. 5, are construed not to extend to

cases where the Statute, Act or Ordinance on winch a conviction or

order is founded does not authorise a distress warrant to issue ; and

whereas it is desirable that the said section of the said Ordinance should extend to convictions and orders in all cases in which it is returned to a warrant of distress issued under the provisions of the eighteenth section of the said Ordinance 14th Victoria, No. 5, for levying any penalty, compensation or sum of money, or for enforcing the payment thereof that no sufficient goods can be found, notwith- standing that by the Statute, Act or Ordinance under which the conviction or order is made no mode of raising or levying such penalty, compensation or sum of money, or of enforcing the payment of the same, is stated or provided : Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows :—

Section 21 of 14

1. Section 21 of the Ordinance 14th Victoria, No. 5, shall extend

Vie. No. 5 ex-

tended to all

and be deemed to have extended to all cases in which it shall be or

.mises of distress

warrants issued

has been returned to a warrant of distress issued under the authority

under section 18

of such Ordinance for levying any penalty, compensation or sum of

of said

Ordinance

money adjudged or ordered to be paid by any conviction or order, that no sufficient goods of the party against whom such warrant was issued

can be found, where the Statute, Act or Ordinance on which the con-

viction or order is founded provides no mode of raising or levying such penalty, compensation or sum of money, or of enforcing payment of the same, as well as to cases where the Statute, Act or Ordinance on which the conviction or order is founded authorises the issuing thereon of a warrant of distress.

FRED. A. WELD,

GOVERNOR.

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