Fines Charitable Application Act 1847 No 29a (NSW)

No. XXIX.

An Act to amend an Act intituled " An Act for

" the more effectual appropriation of Fines and " Penalties in certain cases in the Colony of " New South Wales." [2nd October, 1847.]

W H E R E A S by an Act of the Governor and Legislative Council	of New South Wales intituled " An Act for the more	effectual
" appropriation	of Fines and Penalties	in certain cases in the Colony

" of New South Wales" passed in the second year of the reign of Her
present Majesty provision was made for t h e appropriation in this
Colony of certain fines and penalties which in England are directed by
certain statutes to be paid for the use of the poor of any parish town­ ship or other place And whereas there are certain other laws and statutes in force within the realm of England and which are also appli­ cable to the said Colony and which direct the appropriation of lines forfeitures and penalties for the use of the general rates of the county riding or division in which the t o w n s h i p or place is situated and it is expedient that s u c h fines forfeitures and penalties should be paid in
like manner as prescribed by the said recited Act of Council Be it
therefore enacted by His Excellency the Governor of New South Wales with the advice and consent of the Legislative Council thereof That whenever any law or statute that is or shall be in force w i t h i n the realm of England and w h i c h shall be in other respects applicable to the said Colony or which shall h a v e been o r shall be adopted in the said Colony shall direct the appropriation of any fine forfeiture penalty
or sum of money or any part thereof to be paid to the overseers of the
poor for the use of county or other rates or to any person or persons or for any purpose or purposes inapplicable to the state o r circumstances
of the said Colony the same shall be and is hereby required to be paid

at the discretion of the Just ice Judge or Court imposing the fine for­ feiture or penalty to the treasurer or other authorized officer of any benevolent or charitable institution established o r t o be established in any district of the said Colony for the relief of such poor persons as through age accident or infirmity are unable to support themselves Provided that in any district except as hereinafter provided in w h i c h there is no such benevolent or charitable institution t h e same shall lbe paid towards the support of the Benevolent Asylum i n t h e City of Sydney Provided also that all fines forfeitures or penalties which may be levied in those parts of the District of Port Phillip where no s u c h institution exists shall be paid t o w a r d s the support of the Melbourne Hospital.

2. Provided always and be it enacted That nothing herein con­ tained shall abridge or interfere with Her Majesty's prerogative and provided also that it shall be lawful for the Governor of the said Colony

( w h e n e v e r he shall see f i t ) to remit the whole or any part of any of

such fines forfeitures or penalties and every such fine forfeiture or penalty so remitted shall become null and void any conviction suit or other proceeding t o the contrary notwithstanding.

No. X X X .