fees, fines, and moneys in like manner as for other moneys Miscellaneous received by him by virtue of his office as such clerk. Provisions. 151. Provided that, in places beyond the limits of any Petty Payment to Sessions District, or Resident Magistrate's Court District, all Justices beyond district. such fees, fines, and other moneys as are hereby directed to be paid within such districts, to the clerks of such Courts respectively, shall be paid to any one of the Justices making such conviction or order, or to any person authorized by such Justices to receive the same: and the person so receiving the same shall pay over and Account. account for such moneys in like manner as the Clerks of Petty Sessions Courts are hereby required to do with moneys received by them. 152. This Act shall come into operation on the first day of January, one thousand eight hundred and sixty-seven. The list of Fees in Schedule A. will be found in the Formulary, No. 3. The following table will show the Nos. in the Formulary which correspond with the consecutive Nos. in Schedule B.:Nos. IN SCHEDULE TO ACT OF 1866, AND CORRESPONDING Nos. IN FORMULARY. Repeal Act, THE JUSTICES OF THE PEACE ACTS REPEAL ACT, 1866. 1866. (30 VICT., No. 46.) Date of repeal. Saving clause. An Act to repeal certain Acts and portions of Acts relative to 1. The Short Title of this Act shall be "The Justices of the Peace Acts Repeal Act, 1866." 2. The several Acts and Ordinances, and the parts of the Acts mentioned and specified in the Schedule to this Act, shall continue in force until and throughout the thirty-first day of December in this present year, and shall from and after that day be repealed, to the extent in the said Schedule stated, except as to proceedings which may then be pending to which the said Acts and Ordinances, or any of them, are applicable: Provided, also, that every act duly done, and every warrant or other instrument duly made or granted, and every proceeding duly taken under the authority or in execution of the said Acts and Ordinances, and the said parts of the said Acts, before this Act comes into operation, shall be and continue as valid, to all intents and purposes, and may be continued, executed, and enforced, after this Act shall come into operation, in the same manner as if this Act had not been passed, and the said Acts and Ordinances, and the said parts of the said Acts, had not been repealed; and that every right, liability, privilege, and protection in respect of any matter or thing committed or done before this Act comes into operation, shall continue and be of the same force and effect as if the said Acts and Ordinances, and the said parts of the said Acts, had not been repealed, and that every action, prosecution, and other proceeding which shall have been commenced before this Act comes into operation, in respect of any such matter or thing, may be prosecuted, continued, and defended in the same manner as if the said Acts and Ordinances, and the said parts of the said Acts, had not been repealed; and where, by the provisions of any Act or Ordinance now in force, proceedings are directed to be taken, or penalties enforced under any Act or Ordinance, or parts of any Act, hereby repealed, such proceedings may be taken and penalties enforced under "this Act." (1) () To be read as if the term "The Justices of the Peace Act, 1866," had been originally inserted ("The Justices of the Peace Act Amendment Act, 1867," s. 3). SCHEDULE. CONTAINING DESCRIPTION OF THE ORDINANCES AND ACTS IN WHOLE OR IN PART REPEALED BY THIS ACT. Passed by the Governor and Legislative Council. Sess. II., No. 5-" An Ordinance to regulate Summary Proceedings before Sess. V., No. 7—“An Ordinance to provide for the application of Fines Passed by the Lieut.-Governor and Legislative Council. Sess. VII., No. 16—“ An Ordinance to provide for the establishment of Resident Magistrates' Courts, and to make special provision for the Administration of Justice in certain cases." Sections 4, 5, and 6 repealed. Passed by the General Assembly. 1856, No. 20 "The Resident Magistrates' Courts Ordinance Amendment 1858, No. 26-"The Petty Sessions Act, 1858." The whole repealed. 1865, No. 73-"The Resident Magistrates' Criminal Jurisdiction Extension Passed by the Imperial Parliament. 9 Geo. IV. c. 31-" An Act for consolidating and amending the Statutes in England relative to Offences against the Person." Sections 27, 28, 29, 33, 34, 35, and 36 repealed. 21 Jac. I. c. 7-" An Act for the better repressing of Drunkenness and restraining the inordinate haunting of Inns, Alehouses, and other Victualling Houses." The whole repealed. Repeal Act, 1866. THE JUSTICES OF THE PEACE ACTS AMENDMENT (31 VICT., No. 11.) An Act to amend "The Justices of the Peace Act, 1866," and "The Justices of the Peace Acts Repeal Act, 1866." [10th October, 1867.] NOTE. The second section of this Act substitutes for the original fourth subsection of the eighty-seventh section of "The Justices of the Peace Act, 1866," the subsection introduced into it as printed, ante, pp. 60, 61, between inverted commas. The third section of the Act applies to "The Justices of the Amendment Peace Acts Repeal Act, 1866;" and substitutes for the words Act, 1867. "under this Act," in the end of the second section thereof, the words under "The Justices of the Peace Act, 1866," as noted in the note, ante, p. 86. THE JUSTICES OF THE PEACE ACTS AMENDMENT (32 AND 33 VICT., No. 47.) An Act to amend "The Justices of the Peace Acts Repeal Act, 1866," and "The Justices of the Peace Act, 1866." [3rd September, 1869.] 1. The Short Title of this Act shall be "The Justices of the Peace Act Amendment Act, 1869." 2. So much of the first section of "The Justices of the Peace Act, 1858," as enacts that "The Indictable Offences Act, 1848,” shall be taken to extend to this Colony, and shall be applied therein in the administration of justice, is hereby repealed, (1) as from the thirty-first day of December, one thousand eight hundred and sixty-six, except as to proceedings which were then pending to which the said Act was applicable: Provided also that every act duly done, and every warrant or other instrument duly made or granted, and every proceeding duly taken under the authority or in execution of so much of the said Act as is hereby repealed before this Act comes into operation, shall be and continue as valid to all intents and purposes, and may be continued, executed, and enforced after this Act shall come into operation, as if this Act had not been passed, and the said part of the said Act had not been repealed, and that every action, prosecution, and other proceeding which shall have been commenced before this Act comes into operation in respect of any matter or thing committed or done before this Act comes into operation, may be prosecuted, continued, and defended in the same manner as if this Act had not been passed. And where in any Act or Ordinance any proceedings are directed to be taken under the part of the said Act hereby (1) By an oversight, the portion of "The Justice of the Peace Act, 1858," which adopted the 11 and 12 Vict. c. 42, by the name of "The Indictable Offences Act, 1858," was not repealed by "The Justices of the Peace Acts Repeal Act, 1866." repealed, or under "The Indictable Offences Act, 1848," such Amendment proceedings may be taken under "The Justices of the Peace Act, 1869. Act, 1866." Act, valid. 3. Subject to the proviso contained in the last preceding Proceedings section, every proceeding taken, commenced, or completed, and taken before every act, matter, and thing done before the coming into operation of this Act, shall be deemed to have been as regular, valid, and effectual, as if this Act had been passed at the same time as "The Justices of the Peace Acts Repeal Act, 1866." of assaults. 4. In the cases mentioned in the seventy-seventh section of Punishment "The Justices of the Peace Act, 1866," the term for which two Justices are empowered to commit an offender to gaol, either in the first instance, or for non-payment of the fine and costs therein mentioned, shall be any term not exceeding two months with or without hard labour, or in the case of a fine being imposed any term not exceeding two months, with or without hard labour, unless such fine and costs be sooner paid. And the fine which may be imposed in the cases aforesaid, shall be such fine as to such Justices shall seem meet, not exceeding, together with costs, if ordered, the sum of ten pounds. 5. The eighty-first section of "The Justices of the Peace Compensation Act, 1866," is hereby repealed, and in lieu thereof it is enacted in assaults. J.P.Act, 1866, as follows:-(See ante, "The Justices of the Peace Act, 1866," s. 81. s. 81.) 8. 6. It is hereby declared and enacted, that, in the cases men- Explanation tioned in the thirty-eighth section of "The Justices of the Peace of J. P. Act, 1866, s. 38. Act, 1866," wherein on committal for want of sufficient distress the Justice issuing the warrant of commitment is empowered to appoint the time and manner of imprisonment, such imprisonment may be either with or without hard Hard labour. labour, according as the Justice issuing the warrant of commitment shall by such warrant appoint: ment. Provided that the imprisonment so to be appointed shall be Amount of for such time and in such manner as shall have been directed by imprisonthe Act or Ordinance upon which the conviction is founded; and in default of any such direction, such imprisonment may be for any time not exceeding one month for every five pounds of penalty and costs inclusive, or for any fractional part of five pounds, and not exceeding in the whole three months; and such imprisonment shall in every case cease on payment of the sum or sums adjudged to be paid, and all costs and charges of the distress, and the costs and charges of the commitAPP. 12 |