Justices Act Amendment Act of 1909 (9 Edw VII No. 11) (Qld)

EDUCATION.- JUSTICES. 9471 9 Enw. VII. No. 11, Hl09. Jus/ices Act Amendment Act. A copy of every such report shall be laid before both Houses of Parliament. 29. No religious test slJall be administpred to any No religious P erson in o • rder to entitle him to he admitted as a student a teds ll t U ~ l ~ lls b e t l e 't . . _ ' _ U , of the U mversity, or to hold office therein, or to graduate thereat, or to enjoy any benefit, advantage, or privilege thereof. . No Statute made for the affiliation of educational establishments with the Ulliversity, or for the licensing of hoarding-houses for the reception of students, shall affect any religious observance or regulation enforced in any such educational establishment or boarding-house. 30. This Act, and all the henefits, advantages, and Act to apply privileges of the U nivel'sity, shall extend to women equally to both sexes. with men. JUSTICES. An Act to Amend" The Justices Act of 1886." 9 E N dw o. . l1 V . II. [ASSENTED 1'0 28RD DECEMBER, 1909.J THE B . E it enacted by the King's Most Excellent Majesty, J: ! ~I~ ~~ ! .C: bv and with th0 advice and consent of the Lea ~ -is- Acr OF 1909. lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- 1. This Act may be cited as "'l'lte JusticesAct Shorttitleand Amendment Act ollg0~ ' , " and shall be read as one with ~ ~~ ~ ~~ ction " The Justices A ct of 1886," * herein referred to as the Principal Act. 2. (l.) Notwithstanding anything contained in the In ~ hat cases P rl·nC. . Ipa1 1A:\"c. otr ' In any other A1: \"C , tno" J lIstlCe oth er tllan PMoallgeiestrate to a PolIce.M ag~ : tr~ te sha11- . " . . . .... ~ ~ S~ W' \ 902, (1.) '" ltlun the Petty SesstOns DIstrIcts of BrIsbane, No. 27. ~ . 13. South Brisbane, Ipswich, 'l'oowoomba, Gympie, . vYanvick, Maryborough, Bundaberg, llock- hampton, Townsville, Charters Towers, or Cairns; or (ii.) vYithin any Petty Sessions District to which this section mav be extended from and after the expiration ~f thirty days from the day on which such extension takes effect and until such extension is revoked; when a Police Magistrate is present to constitute a, court, sit either with such Police :Magistrate or with aliy other * 50 Vie. No. 17, supra, page 1030.

9472 JUSTICES. Justices Act Amendment Act. HEnw. VIr. No:ll, justice or alone in any Court of Petty Sessions for the purpose of adjudicating in a summary way in respect of any complaint for any simple offence or breach of duty, or in respect of any summons or other proceeding under the laws relating to Small Debts Courts, or Intoxicating Liquor, or Local Authorities: Provided that nothing herein shall be construed to abridge or prejudice- (a) '1'he powers or jurisdiction of the Licensing Authority constituted under "The Licensing .Act of 1~ S5, " * e'{cept in respect of complaints for offences against the laws relating to Intoxi- cating Liquor; .or (b) The powers of justices in committal cases; or ( c) 1'he powers of justices to take any complaint or issue any summons, or grant, issue, or endorse any warrant or admit to bail; in any case in which jnstices might by law have exercised such power and jurisdiction if this section had not been enacted. (2.) The Governor in Council may from time to time, by Order in Council 1mblished in the Gazette, extend the provisions of this section to any Petty Sessions District in addition to those hereinbefore mentioned. 3. After section one hundred and sixty-three of the Principal Act, the following section is inserted:- When Court [163A.] In all cases where the decision adjudges the I ~ m a p y n?srodnemr ent payment of a pecuniar • v penalty or comp • ensation or sum in default of of money or costs, or when an order reqUlres the payment execution. of a sum of mone . y 01' co ' sts and the same is , in pursuance of this Act, recoverable by execution against the goods and chattels of the person liable to make such payment, the adjudicating justices may, a<j part of such decision or order, further order that in default of sufficient distress to satisfy the sum adjudged to be paid and the costs and charges of execution, the person liable to make such payment shall be imprisoned, with or without hard labour, for a period according to the scale hereinafter prescribed, unless the sum adj udged to he paid and all co~ ts and charges of the execution, and also, if the justices think fit so to order, the costs and charges of taking and conveying the said person to prison (the amount thereof being ascertained and stated in the said decision or order), are sooner paid. '" 49 Vie. No. 18, 8"pra, page 1252.

JUSTICES. 9473 1909. JusticesAct AlI1ent/u/f'nt Act. 4. After section one hundred and sixty-six of the Principal Act, the following section is inserted:- [166A.] Any justices or justice to whom application:Power to. I . S made e ' I ther t 0 I . ssue a warran t 0 f ext'cu t' IOn f or any sunl o po f s w t.p a o r n ra e n I t ssue adjudged to be paid by a decision or order, or to issue a applied for. warrant of commitment for non-payment of any such sum, or for default of sufficient distress to satisfy any such sum may, if they or he deem it expedient so to do, postpone the issue of such warrant until such time or on such con- ditions, if any, as to them or him may seem just. 5. The following provision is added to section one ~ ed~ ction of hundred ~ nd seventy-four of the Principal Act:- ~ ~ ~ ~ ~ : : ~ ~ ~ ProvIded further that- portion of (a) ·Where, on application to any justices or justice fine, &c. to issue a warrant of commitment for non- payment of a sum adjudged to be paid by a decision or order, or for default of sufficient distress to satisfy any such sum and the costs and charges of execution, it appears to the justices or justice to whom the application is made that, either by payment of part of the said sum, whether in the shape of instalments or otherwise or by the n~ t proceeds of the distress, the amoun t of the sum originally payable has been reduced, then the term of imprisonment for which the person liable may be committed shall be reduced by a number of days bearing as nearly as possible the same proportion to the total number of days for which he might have been committed if the sum originally payable had not been reduced as the sum so paid or realised bears to the sum originally payable; (b) Where a person is committed to prison for non-paymentof a sum adjudged to be paid by a decision or order, tlIen, on payment to the keeper of the l)rison under conditions pre- scribed by prison rules of any sum in part satisfaction of the sum adjudged to be pa.id, and of any of the costs and charges for which the prisoner is liable, the term of imprisonment shall be reduced by a number of days bearing as nearly as possible the. same proportion to the total.number of days for which the prisoner was committed as the sum so paid bears to the sum for which he was originally liable.