A Fine Act
A FINE ACT TO STUDY
With a Penal Action
CONSTITUTION OF NEW SOUTH WALES
18 & 19 Victoria c 54 ( in Force in 1900 Not repealed in 1902)
Section 41. All laws and statutes and ordinances which at the time of the passing of this Act shall be in force within the said colony, shall remain and continue to be of the same force authority and effect as if this Act had not been made except in so far as the same are repealed or varied by this Act or in so far as the same shall or may hereafter by virtue and under the authority of this Act be repealed or varied by any Act or acts of the Legislature of the said colony.
Section 42 All the Courts of Civil and Criminal jurisdiction within the said colony and all Charters legal commissions powers and authorities and all officers judicial administrative or ministerial within the said colony respectively except in so far as the same may be abolished altered or varied by or may be inconsistent with the provisions of this Act or shall be abolished, varied or altered by an Act or Acts of the Legislature of the Colony or other competent authority ( The High Court of Australia and Parliament of the Commonwealth) shall continue to subsist in the same form and with the same effect as if this Act had not been passed.
FINES AND FORFEITURES TO THE CROWN
22 &23 CAR. 2 C 22 ( Fines and Forfeitures to the Crown) (1670-71)
An Act for the better and more certaine Recovery of Fines and Forfeitures due to Her Majestie.
( Whole Act except s 5 repealed by the Parliament of the United Kingdom by SLR Act of 1865.)
5. Officers not to withhold or conceal fines; etc, nor miscertify, etc., into the exchequer; penalty.- And….. noe officer or minister of or of His Majesties Courts of Kings Bench, Common Bench or Exchequer , nor any clerke of assizes, clerke of the peace, towne clerke, nor any officer or minister under them or any of them nor any other person, or persons whatsoever doe, or shall spare, take of, discharge or wittingly or willingly conceale any indictment, fine, post fine, issue, amerciament forfeited, recognizance, or other forfeiture whatsoever, exhibited sett, imposed, lost or forfeited, [or the be exhibited, sett imposed lost or forfeited] in any of the Courts before mentioned or before any judge or judges of or belonging to the same, or any sum or summes of money paid or to be paid to any officer or officers in liew of satisfaction or fine or forfeiture, unless it be by rule or order of the court where such indictment, fine post fine, issue, amerciament forfeited, recognisance, is or shall be exhibited, sett, imposed lost or forfeited, nor shall any of the said officers or ministers aforesaid or any of them, [or] any other wittingly or willingly miscertifie or estreate in , or into the said Court of Exchequer for the same indictment, fine post fine, issue, amerciament forfeited, recognisance or other forfeiture whatsoever whereby the processe of the said Court of Exchequer for the leavying of the same may be made invalid and of none effect; but every such officer and officers and all and every other person and persons offending herein, shall for every such offence forfeite and pay treble the value of such fine post fine, issue, amerciament forfeited, recognisance summe and summes of money and other forfeiture soe spared, taken of , discharged, concealed, not certified or estreated, miscertifyed or estreated as aforesaid; the one moiety thereof to the use and behoofe of Her Majestie, her heirs and successors, and the other to moiety to such person or persons as shall or will sue for the same in any court of record, by action of debt, bill or information, wherein noe wager of law , essoigne or protection shall be allowed. And alsoe lose his and their office and place and be forever incapable to be employed in any office or place where any part of Her Majesties revenue is to be managed or paid.
NOTE
The words omitted from this section are the formal enacting words, repealed by the SLR 1888 (c 3)
Certificate of Authenticity.
I swear these two pages represent a true and correct copy of the Act printed in Halsbury’s Statutes of England ( Third Edition) Vol 4 Constitutional Law Pages 147 and 148, except that His Majestie has been changed to Her Majestie. Published in 1960.