Justices Acts and Real Property Fees Act of 1932 (23 Geo v No. 7) (Qld)

JUSTICES. 23 GEO. V. No. 7, 1932. Justices Acts and Real Property Fees Act. 14243 JUSTICES. (1) Justices Acts and Real Property Fees Act of 1932 (2) Justices Acts Amendment Act of 1932 23 Geo. V. No. 7 23 Geo. V. No. 8 An Act to Repeal "The Petty Sessions Fees Act of 23NGoe.o7. . V. 1833," and to Amend "The Justices Acts, THJ'] 1886 to 1929," and "The Real Property AJCUTSSTIC A E N S D Acts, 1861 to 1887," in certain particulars. PRORPEEARLTY [ASSENTED TO 22ND SEPTEMBER, 1932.] FEES ACT OF 1932. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assemhled, and by the authority of the same, as follows:- PART I.-PRELIMINARY. PART I.- PRELIMINARY. 1. This Act may be cited as " The Justices Acts and Short title. Real Property Fees Act of 1932." 2. This Act shall be divided into Parts, as follows : - Parts of Act. PART I.-PRELIMINARY; PART n.-REPEAL OF *" THE PETTY SESSIONS FEES AOT OF 1833" AND AMENDMENT OF t" THE JUSTICES AOTS, 1886 TO 1929" ; PART IlL-AMENDMENT OF :j:"THE REAL PROPERTY PARr I1.- AOTS, 1861 TO 1887"; REPEAL OF "THE PETTY PART IV.-GENERAL. SESSIONS FEES Ao'llO, 1B33 " AND AMENDMENT t' PARTOIFl.- 1R8E33P , E' AALNDOFA * M " ETNHDEMPEENTTTYOFSES ' SITOH J NES FEUESSTIACOETS AOJbUFTS"ST, I T C 1H E 88 S E6 AOTS, 1886 TO 1929." TO 1929." 3. On the issue of an *Order in Council pursuant ! : 6, J: : ~ ~ ~ ty t" to section two hundred and sixty-six of The Justices Sessions f::tf.- Acts, 1886 to 1929," as inserted by §" The Justices Acts ct of and Real Property Fees Act of 1932," *" The Petty Sessions Fees Act of 1833" shall be repealed. * 4 Wm. IV. No. 5, supra, page 1193. (See new Schedule of Fees as from 1st October, 1932.-(Order in Council dated 23rd September, 1932, Gazette, 24th September, 1932, page 1034); "The Petty Sessions Fees Act of 1833" repealed by this Order in Council, q.v.). See, infra, page 14464. t 50 Vic. No. 17 and amending Acts, supra, pages 1132 et Beq. (See Alphabetical Table). ~ 25 Vic. No. 14 and amending Acts, supra, pages 2984 et seq. (See Alphabetical Table). § 23 Geo. V. No 7 (this Act).

14244 JUSTICES. PART II.- REPEAL OF "THE PETTY Justices Acts and Real Property Fees Act. 23 GEO. V. No. 7, ACT SESSIONS FEES OF 1833" AND 4. In section one of *" The Justices Acts, 1886 to A: : : '. DT~ : T 1929," after the words "PART X.-PROTECTION OF AJCUTSST, IC 1 E 8 S 86 JUSTIC • ES IN THE EXECUTION OF THEIR OFFICE," the TO 1929." followmg words are inserted :-" PART XL-FEES OF Amendment COURT." of s. 1 of the Justices Acts. 5. The following new Part XI. and new section two hundred and sixty-six are added to *" The Justices Acts, 1886 to 1929," as follows : - " PART XL-FEES OF COURT. Part XI., [266.] (1.) Notwithstanding anything in this Act 8 o . f 2 C 6 o 6 u , r F t e . es contained, the Governor in Council shall from time to time by tOrder in Council published in the Gazette, prescribe the fees of Court that shall be paid to and received by the clerk of petty sessions in and for such purposes as may be so prescribed. Such fees as so prescribed may be by way of increase of any of the fees payable under t" The Petty Sessions Fees Act of 1833 " or any other Act, and payable at the passing of t" The Justices Acts and Real Property Fees Act of 1932," and may be prescribed for other purposes in addition to the purposes as prescribed at the passing of such lastmentioned Act : Provided that the Governor in Council may by any subsequent Order in Council reduce all or any of the fees prescribed in any Order in Council made under the provisions of this section. All such fees shall be transmitted to and paid to the Treasurer of the State of Queensland by such clerk of petty sessions to be appropriated and applied to the public use of the said State. Clerks not to demand a (2.) If at any time hereafter any clerk of petty larger fee sessions shall under pretence of any matter or thing done sthpeacnified. or transacted or performed by such person as clerk demand or receive any other or greater fee than as for \ * 50 V;c. No. 17 and amending Acts, supra, pages 1132 et seq. (See Alphabetical Table). t 4 Wm. IV. No. 5 supra, page 1193. (See new Schedule of Fees as from 1st October, 1932.-(Order in Council dated 23rd September, 1932, Gazette, 24th September, 1932. page 1031); "The Pe:ty Sessions Pees Act of 1833" repealed by this Order in Council, q.v.}. See, infra, page 14464. t 23 Geo. V. No. 7 (this Act).

JUSTICES. 14245 PART II.- 1932. Justices Acts and Real Property Fees Act. REPEAL OF "THE PETTY SESSIONS the time being shall be prescribed, he shall .for every F~g~ 3~' c~~ ~ such offence be liable to a penalty· not exceeding five AM£J.;DMENT OF" THE pounds, to be recovered in a summary way. JUSTICES ACTS, 1886 TO 1929." (3.) *"The Justices Acts, 1886 to 1929," as amended Consolidated by this Part of this Act, may collectively be cited as Jtiutlsetw. oefsthe " The Justices Acts, 1886 to 1932." " Acts. PART III.- AMENDllE1NT OF "THE PART IIl.-AMENDMENT OF " THE REAL PROPERTY REAL PROPERTY • ACTS, 1861 TO 1887." ACTS, 1861 TO 1887." Prop 6 er . ty Th A i c s ts P , a1r8t6s1ha to ll 1 b 8 e 87 r . e " ad as one with t" The Real PCtlOa: ornntsoXtfru. c. 7 • Section one hund . red and forty of the + t" Real R s. e1p4e0alofof Property Act of 1861" IS repealed, and the following the" Real section is inserted in lieu thereof ;_ : ; ~ ~ ~ ; t1j, Act " [140.] For the purposes of t" The Real Property Fees to be Acts, 1861 to 1887," and any Act amending the same, it charged. shall be lawful for the Registrar of Titles to charge and recover such fees as shall from time to time be prescribed by the Governor in Council by §Order in Council published in the Gazette in and for such purposes as may be prescribed; Provided that until otherwise so prescribed, the fees specified in the list marked R in the Schedule hereto, together with any amendments thereof or additions thereto which shall have been made up to the passing of \\" The Justices Acts and Real Property Fees Act of 1932," being the scale of fees in force at the passing of such lastmentioned Act (and which scale is dated the sixth day of May, one thousand nine hundred and twenty- one, and published in the Gazette of the seventh day of May, one thousand nine hundred and twenty-one, at page one thousand four hundred and seventy-six) shall be the fees so chargeable and recoverable; . * 50 Vic. No. 17 and amending Acts, supra, pages 1132 et seg. (See Alphabetical Table). t 25 Vic. No. 14 and amending Acts, supra, pages 2984 et seg. (See Alphabetical Table) t 25 Vie. No. 14, supra, page 2984. § See Order in Council of 23rd September, 1932, promulgating new Schedule of Fees as from 1st October, 1932. (Gazette, 24th September, 1932, page 1033.) See, infra, page 14465. 11 23 Geo. V. No. 7 (this Act).

14246 JUSTICES. PART III.- AMENDMENT OF "THE Justices Acts Amendment Act. 23 GEO. V. No. 8, REAL PROPERTY ACTS, 1861 TO Provided further that the Governor in Council may 1887." by Order in Council amend such scale of fees, being the scale of fees in force at the passing of *" The Justices Acts and Real Property Fees Act of 1932," by amending (whether by increase or otherwise) all or any of such fees, and by the addition of further fees for such other purposes as may be prescribed, and for fixing any new basis or bases of calculation in respect of any fee or fees, existing or prospective: Provided always that the Governor in Council may by any subsequent Order in Council reduce all or any of the fees prescribed in any Order in Council made under the provisions of this section." PART IV.- PART IV.-GENERAL. COor G du E en N rcs E il R in A a L n . d made 8. uAnndyerOrtdheer ipnroCvoisuinocnisl moafdetohrispuArpcotrtisnhgaltlo obne Regulations publication in the Gazette be read as one with the e to qu b a e l of particular Act concerned, and shall be judicially noticed validity as and construed as being of equal validity with such the Act. Act and shall not be challenged in any proceedings whatsoever. All such Orders in Council shall be laid before the Legislative Assembly within fourteen days after such publication if the Legislative Assembly is in session; or if not, then within fourteen days after the commence- ment of the next session thereof. 23 NGoe. o 8 . . V. An Act to Amend "The Justices Acts, 1886 to 1929," THE in a certain particular. JUSTICES ACTS AMENDMENT [ASSENTED TO 22ND SEPTEMBER, 1932.] ACT OF 1932. B E it enacted by the King's Most Excellent Majestr. by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title 1. This Act may be cited as " The Justices Acts .:::struction. Amendment Act of 1932," and shall be read as one with t" The Justices Acts, 1886 to 1929," herein referred to as the Principal Act. * 23 Geo. V. No. 7 (this Act). t 50 Vie. No. 17 and amending Acts, 8upra, pages 1132·et 88q.