Justices (Fees) Act 1904 (NSW)

Act No. 14, 1904.

An Act to amend the law relating' to fees in respect of proceedings before jus t ices ; to enable the Governor to fix such fees; and for o ther purposes in connection therewi th . [25th November, 1904.]

Assembly of New South A Vales in Parliament assembled, and by the the advice and consent of the Legislative Council and Legislative authority of the same, as follows :— BE it enacted by the King's Most Excellent Majesty, by and with

1. This Act shall commence and have effect on a day to be

appointed by the Governor by proclamation in the Gazette, and um­

bo cited as the "Just ices (Fees) Act, 1904."

2. The enactments and Schedules mentioned in the Schedule

hereto shall, to the extent thereby indicated, be repealed.

3. (1) I t shall be lawful for the Governor to make regulations—

(a)	fixing the fees to be demanded and taken in respect of pro­ ceedings before any justice or justices of the peace, and prescribing what fees may be taken and what fees may be retained for their own use by bailiffs of courts of petty sessions ;
(b)	prescribing in what manner lists of such fees shall be published for general information ;
(c)	prescribing the persons by whom such fees may be demanded and taken ;
(d)	prescribing under what circumstances, and by whom such fees may be remitted ;
(e)	prescribing the practice and procedure to be observed in collecting such fees.

And such fees and no other may be so demanded, taken, and

(a)	from any naval or military pensioner for administering any oath necessary to be made for the receipt of his pension ; or
(b)	in respect of proceedings before any justice or justices of the peace from any prosecutor, or accused person, in any prosecution for an offence which cannot by law be disposed of summarily. S C H E D U L E ,

retained.
(2) Such regulations shall be published in the Gazette, and shall be laid before Parliament within fourteen days after such publi­ cation, if Parliament is then in session, and if not, within fourteen days after the commencement of the next ensuing session.

(3) Provided that no fee shall be demanded—

S C H E D U L E .

Act. Title of Act. Extent of repeal.

4 Win. I V , No . 5.J	An Act for appo in t ing the fee? to be taken in t he several cour ts of police and pet ty sessions, and by the clerks of just ices act ing singly in the Colony of New South Wales .	The whole.
A c t No. 27, 1!:02..	The Jus t ices Act, 1002	The following words contained in section 102, " such fees where not otherwise provided for by law, shall be according to the four th Schedule to this A c t ; " and also the said Schedule.
Act No . 13, 1809..	T h e Small Deb t s Recovery Act ,	Section 04. So much of section 05

1 soo .	as empowers cour ts of pot ty sessions to fix the cour t fees payable unde r sections 44 to 52 inclusive of the said A c t ; and also the Third Schedule to t he
said Act .

Act No. 4 0 , 1 0 0 0 . . . The Crimes Act, 1000 So much of section 504 as re la tes to
proceedings before any just ice.