Crown Remedies Act 1891 (Tas)

Crown Remedies Act 1891

An Act to provide for the protection and recovery of Crown property and the enforcement of Crown rights and claims [Royal Assent 26 October 1891]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1. Short title This Act may be cited as the Crown Remedies Act 1891 .

2.

3. Fines to be recoverable by judgment (1) Whenever any fine shall be imposed upon any person otherwise than by a judgment or conviction of a court or a justice, and such fine shall not be immediately paid, a judge of the Court by which, or the justice by whom, such fine shall be imposed, shall, by writing under his hand, in the form contained in Schedule 1 , certify that such fine has been imposed and has not been paid, together with the name and place of abode or business of the person on whom such fine shall have been so imposed, and the cause and amount of such fine, and shall deliver or send by the post such writing to the Attorney-General. (2) Upon receipt of such writing the Attorney-General shall cause a final judgment to be signed in the Supreme Court for the amount of such fine and costs not exceeding $10. (3) Every such judgment may be in the form contained in Schedule 2 , and no writ of error or appeal shall lie or be had therefrom.

4. Debts due by recognizance recovered by judgment (1) When any person shall have entered into any recognizance to His Majesty which is not hereinafter exempted from the operation of this Act, and such recognizance shall be forfeited, it shall be lawful for the judge of the Court before which, or the justice before whom, the same shall be forfeited, to cause such recognizance to be estreated. (2) Every such estreat shall be effected as follows, that is to say – Such judge or justice shall, by writing under his hand, in the form contained in Schedule 3 , certify that such forfeiture has taken place, and shall deliver or send by post the said recognizance and writing to the Attorney-General. (3) Upon receipt of the said recognizance and writing, the Attorney-General shall cause a final judgment to be signed in the Supreme Court for the amount of such recognizance and $10 for costs. (4) Every such judgment may be in the form contained in Schedule 4 ; and no writ of error or appeal shall lie or be had therefrom.