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The Pamphlet Collection of Sir Robert Stout: Volume 36

Part VII.—Legal Procedure, and Application of Fees, Fines, Penalties, &c

Part VII.—Legal Procedure, and Application of Fees, Fines, Penalties, &c.

Offences are to be prosecuted, and penalties, forfeitures and orders recovered and enforced in the manner provided as to procedure in summary jurisdiction by "The Justices of the Peace Statute 1865," or any existing modification of such statute. (See following Acts: An Act to Amend "The Justices of the Peace Statute 1865," 32 Vic., No. 319, 6th September, 1867, altering sections 41, 65, and 106 of original Act of 1865; also "An Act to Amend the Law Relating to Justices of the Peace and for other Purposes," 40 Vic., No. 565) 104
All informations, excepting for offences under section 81, are to be heard and decided by two or more justices, or by a police magistrate. Convictions are not to be quashed for want of form, or removed by certiorari. Warrants of commitment are not to be void 105
Persons sued may plead authority of the act 106
Owners of licensed premises are to receive notice from clerks of petty sessions when licensed tenant is convicted and premises liable to be disqualified 107page xvi
When licensed premises are disqualified the owner may appeal against the order on a day stated in it, on all or any of the following grounds:—
1st—That the required notice of a prior offence had not been served on him:
2nd—That owing to a contract entered into prior to 1st January, 1877, owner could not evict the tenant bet ween the commitment of the two offences which disqualified the premises:
3rd—That the offence which resulted in the order for disqualification of the premises was committed so soon after the first offence that the owner had not time to evict the tenant
If the owner succeed in satisfying the court that on one or other of above grounds he is entitled to have the order cancelled, it
shall be cancelled accordingly 108
All notices may be served by post. For future evidence, if required, letter containing such notice should be registered 109
Costs to be recovered as in summary jurisdiction 110
All fees, fines, penalties and forfeitures are to be paid to the municipal fund, less Jive per cent, deducted for costs, charges and expenses 111
On or before the 31st March in each year Municipal Councils are to transmit to the Treasurer for Victoria a detailed account of all monies received for fees, fines, penalties and forfeitures during the proceeding year ending 1st January, and pay to him five per cent, thereof 111
The fees for all new licences are to be paid into the consolidated revenue 111
Packet licenses are to be considered as issued for premises where application is made (sec. 37). Fee, £10 (sec. 13) 111