Penalties, remission of (1876) (WA)

WESTERN AUSTRALIA

ANNO TRIGESIMO MONO

VICTORIA] REGIN.ZE

No. 20

An Act to amend the Law concerning the Remission of

Penalties. [Assented to 3rd January, 1876.

HEREAS by divers Acts and Ordinances penalties are made Preamble

Wand the said penalties cannot, so far as they are payable to otherpayable in whole or in part to parties other than the Crown,

parties, as aforesaid, be remitted or pardoned by the Crown where no express provision has been made for that purpose by the Act or Ordi- nance imposing the same, and it is expedient that the Crown should have in all cases power to remit all penalties imposed : Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows :-

1. It shall be lawful for Her Majesty, or for the Governor or Penalties for

other Officer administering the Government of this Colony, duly corn- i°,ellinelitrublee

missioned by Her Majesty, to remit any fines or penalties that have Governor,trl-

become due and payable to Her Majesty, to remit in whole or in part 2T,laglrottc.

any sum of money which, under any Ordinance or Act now in force or than the crown

hereafter to be passed, may be imposed as a penalty or forfeiture on a

convicted offender, although such money may be in whole or in part

payable to some party other than the Crown, and to extend the pre-

rogative of mercy to any person who may be imprisoned for non-

payment of any sum of money so imposed, although the same may be

in whole or in part payable to some party other than the Crown. In

case any such penalty be remitted, in whole or in part, the party to

whom the same was payable, in whole or in part, as aforesaid, shall

be entitled only to such portion or share of a portion of the said penalty

as may not have been remitted.

2. In all cases in which any fine or penalty is inflicted under any when fine or

Act or Ordinance by which such fine or penalty is made payable in liTsTtetintain whole or in part to parties other than the Crown, the Justice or Justices the mme for one inflicting such fine or penalty shall, in case such fine or penalty be paid, nic""11

39 VICTORI.E. No. 20

Justices of the Peace, de.

retain the same, and shall not pay over any part thereof to any person entitled thereto, until after the expiration of one calendar month from

payment of the same.

WILLIAM C. F. ROBINSON,

GOVERNOR.