Penalties Recovery and Remission Act 1888
Penalties Recovery and Remission Act 1888
Penalties Recovery and Remission Act 1888
Public Act |
1888 No 4 |
|
Date of assent |
29 June 1888 |
|
Contents
An Act to amend the Law relating to the Recovery and Remission of Fines and Penalties.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
The Short Title of this Act is “The Penalties Recovery and Remission Act, 1888.”
2 Interpretation.
In this Act,—
“Act” means and includes Act of the Imperial Parliament and Act of the General Assembly of New Zealand:
“Provincial ordinance” means any Act or ordinance passed by the Superintendent of any former province in New Zealand, with the advice and consent of the Provincial Council thereof.
3 Fines, penalties, &c., recoverable summarily.
All lines, penalties, forfeitures, or sums of money which, under or by virtue of any Act now or hereafter to be in force, or provincial ordinance now in force, are authorised or directed to be imposed on any person, shall and may, where no other form or mode of procedure is prescribed by such Act or provincial ordinance for the recovery of the same, be recovered in a summary way before any one or more Justices of the Peace, in the manner provided by “The Justices of the Peace Act, 1882.”
4 Costs of recovery may be granted to Crown.
In all informations, actions, and all other legal proceedings to be hereafter instituted before any Court or tribunal whatever, by any public officer or other person on behalf of the Crown for the recovery of any fine, penalty, forfeiture, or sum of money which, under or by virtue of any Act now or hereafter to be in force, or provincial ordinance now in force, are authorised or directed to be imposed upon any person, the Court or tribunal may, when judgment shall be given for the Crown, order that such public officer or other person shall recover such costs for and on behalf of Her Majesty as shall seem just and reasonable; and the amount of such costs shall in all cases be specified in the judgment or conviction, as the case may be.
5 Penalties for offences may be remitted by the Governor although payable to parties other than the Crown.
The Governor from time to time may remit, in whole or in part, any sum of money which, under any Act now or hereafter in force, or any provincial ordinance now in force, 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 corporate or other body, society, or person other than the Crown, and may extend the Royal 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 corporate or other body, society, or person other than the Crown.
Any remission of a penalty may be subject to any condition that the Governor may think fit to impose.
6 Repeal.
“The Remission of Penalties Act, 1860,”
is hereby repealed.