An Ordinance for the more effectual Recovery
of F ines and Penalt ies imposed by divers
Acts of Council and for other purposes.
| WH E R E A S by an Act of Counci l m a d e and passed t h e e ighth day | of F e b r u a r y | in t h e | year | of our | L o r d | one t housand | e ight |
h u n d r e d and twenty-five i n t i t u l ed " An Act to regulate the granting of " Licenses for the Sale of Spirits Ale Beer and other Liquors in New " South Wales and Van Diemen's Land respectively " cer ta in F ines a n d Pena l t i es the re in men t ioned are imposed on persons convicted of
| sell ing Spir i t s Ale and | Beer and o the r L iquors con t ra ry to t h e provi |
| sions of t h e said A c t b u t no provisions | the re in | m a d e for t h e recovery |
| \ of | t h e said F i n e s and Pena l t i es or | of | t h e costs and charges | a t t end ing |
| such convict ion whereby t h e good purposes | in tended by t h e said A c t |
| a re rendered ineffectual | Be i t therefore enacted T h a t from and after |
t h e pass ing of t h i s A c t all F i n e s Pena l t i es and Forfe i tures already incur red and imposed or which hereafter shal l be incur red and imposed u n d e r and by v i r t ue of t h e said A c t or by any o ther Ac t Of Council a l ready passed or which shal l hereafter be passed shal l i n case t h e same shal l no t be pa id according to t h e order of t he Jus t i ce or Jus t i ces before w h o m such person or persons shal l have been convicted be ' levied by distress and sale of t h e goods and chat te l s of t h e offender
| Q u a r t e r Sessions for t h e purpose of delay Be i t therefore fur ther enacted T h a t in all cases where a r i g h t of appeal as aforesaid is given by t h e said Act or by any other Act of Council a lready made or where such | r igh t |
| or | offenders | b y | w a r r a n t | or | w a r r a n t s | u n d e r | t h e | h a n d | and | seal | or |
, h a n d s and seals of t h e J u s t i c e or Jus t i ces before w h o m such offender or offenders shal l have been or shal l be convicted as aforesaid toge the r w i t h t h e costs a n d charges of m a k i n g such distress and sale and if no goods a n d chat te l s be longing to such offender or offenders shal l be found sufficient t o answer such penal t ies toge the r w i t h t h e costs a n d
| charges of such | distress | a n d | sale t h e | said | J u s t i c e or Jus t i ces | m a y |
| cause t h e body or bodies of t h e | said p a r t y | or par t ies to be ar res ted |
| a n d | commi t t ed | to | p r i son | a n d | the re confined | u n t i l such | F i n e s | Pena l t i e s |
| a n d Forfe i tures | toge the r w i t h t h e expenses of | such convict ion shal l be |
| . pa id | A n d whereas appeals are f requent ly | m a d e | aga ins t t h e | decisions |
| of | Jus t i ces | ac t ing | u n d e r | a | s u m m a r y | jur i sd ic t ion to t h e Genera l | or |
r igh t of appeal shall be given by any Ac t of Counci l hereafter to be made aga ins t t h e s u m m a r y decision or order of any one or more
P e n a l t y t h e a m o u n t of such P i n e or P e n a l t y or enter in to his or the i r recognizance w i t h two or more good and subs tan t ia l suret ies in double t he a m o u n t of such Fine or Pena l t y to prosecute such appeal w i t h effect a n d to abide t h e resul t of such appeal in default whereof execu t ion shall no t be s tayed by reason of any such appeal as aforesaid.