S.I. No. 12/1928 -- Fines and Penalties (Disposal) Order, 1928.
1928
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No. 12/1928:
FINES AND PENALTIES (DISPOSAL) ORDER, 1928.
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| | FINES AND PENALTIES (DISPOSAL) ORDER, 1928.
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| | WHEREAS it is enacted by Subsection (1) of
Section 51
of the
Court Officers Act, 1926
(No. 27 of 1926) that, save as is otherwise provided under the said section 51, all fines, amerciaments, penalties and forfeited recognizances imposed or levied by any court after the appointed day shall be paid into or disposed for the benefit of the Exchequer in such manner as the Minister for Finance shall direct, and that notwithstanding any enactment to the contrary, no part of any such fine, amerciament, penalty, or recognizance shall be paid or allowed to any prosecutor, informer, or other person or paid into any fund.
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| | AND WHEREAS it is enacted by subsection (4) of the said section 51 of the said
Court Officers Act, 1926
, that the Minister for Justice may, with the concurrence of the Minister for Finance, by order direct that the whole or any specified portion of every fine or penalty belonging to any particular class or classes of fines or penalties specified in the order shall not be paid into the Exchequer under the said section 51, and that, in lieu of being so paid, the whole or such specified portion (as the case may be) of every such fine or penalty shall be paid to such prosecutor, informer, or other person or into such fund and upon such terms and conditions as shall be specified in the order in respect of each particular class or classes of fines,
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| | AND WHEREAS by the
Court Officers Act, 1926
(Appointed Day) Order, 1928, the appointed day for the purpose of the said section 51 of the said Act was appointed to be the 31st day of March, 1928.
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| | AND WHEREAS it is expedient that after the said 31st day of March, 1928, the whole of the fines and penalties belonging to the several classes of fines and penalties mentioned in the first column of the First Part of the Schedule to this Order shall, in lieu of being paid into the Exchequer, be paid to the persons and into the funds mentioned in that behalf in the second column of the said First Part of the said Schedule opposite the said classes of fines and penalties respectively.
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| | NOW, I, JAMES FITZGERALD-KENNEY, Minister for Justice, in exercise of the powers conferred on me by subsection (4) of
section 51
of the
Court Officers Act, 1926
(No. 27 of 1926) and of every and any other power me in this behalf enabling and with the concurrence of the Minister for Finance, do hereby order as follows:—
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| | 1. This Order may be cited for all purposes as the Fines and Penalties (Disposal) Order, 1928.
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| | 2. The
Interpretation Act, 1923
(No. 46 of 1923) applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.
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| | 3. Every fine and penalty belonging to the several classes of fines and penalties mentioned in the first column of the First Part of the Schedule to this Order shall after the 31st day of March, 1928, in lieu of being paid into the Exchequer, be paid to the persons and into the funds mentioned in that behalf in the second column of the said First Part of the said Schedule opposite the said classes of fines and penalties respectively.
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| | Given under my hand and Seal this 28th day of March, 1928.
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| | JAMES FITZGERALD-KENNEY,
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| | Minister for Justice.
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| | I concur.
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| | EARNÁN DE BLAGHD,
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| | Minister for Finance.
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SCHEDULE.
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| | FIRST PART
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| | Classes of fines and penalties
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Persons to whom and funds into which fines and penalties of the classes mentioned in the first column hereof are to be paid.
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| Every fine and penalty imposed by a Justices of the District Court exercising jurisdiction in the county boroughs of Cork, Limerick, and Waterford, in respect of an offence committed within the said county boroughs respectively other than an offence against any of the Acts mentioned or referred to in the second Part of the Schedule hereto or against any regulation made under any of the said Acts and for the time being in force. |
To the borough treasurers of the said county boroughs to be paid by them into the borough funds of the said county boroughs respectively. |
| Every fine and penalty imposed by a Justice of the District Court in any borough or urban county district in respect of an offence committed against any local Act for the time being in force and prosecuted by or on behalf of the borough or urban district council. |
To the treasurer of such borough or urban county district to be paid by him into the borough or town fund. |
| Every penalty imposed in respect of an offence committed against the Towns Improvement (Ireland) Act, 1854, in any town or urban county district to which that Act applies and prosecuted by or on behalf of the town commissioners or urban council. |
To the town commissioners or urban council by whom the offence was prosecuted to be paid by them into their fund applicable to the purposes of the Towns Improvement (Ireland) Act, 1854. |
| Every penalty imposed in respect of an offence committed against the Sale of Food and Drugs Acts, 1875 to 1907, and prosecuted by an officer or inspector of a local authority who have lawfully appointed an analyst for the purposes of the said Sale of Food and Drugs Acts, or have agreed to the acting of an analyst in their district for those purposes. |
To the local authority by whom the offence was prosecuted to be applied towards the expenses of executing the Sale of Food and Drugs Acts, 1875 to 1907. |
| Every penalty imposed in respect of an offence committed against the Public Health (Ireland) Acts, 1878, to 1919, or any Acts incorporated therewith, or against any order, regulation or bye-law for the time being in force made under any of those Acts and prosecuted by or on behalf of a local sanitary authority. |
To the local sanitary authority by whom the offence was prosecuted to be paid by them into their fund applicable for the general purposes of the Public Health (Ireland) Acts, 1878 to 1919. |
| Every fine or penalty imposed in respect of an offence under any order or regulation for the time being in force made under the Contagious Diseases (Animals) Act, 1878, as amended by the Contagious Diseases (Animals) Act, 1886, and prosecuted by or on behalf of a local authority. |
To the local authority by whom the offence was prosecuted to be paid by them into their fund applicable to the Contagious Diseases (Animals) Act, 1878 (so far as unrepealed) and the contagious Diseases (Animals) Act, 1886 (so far as unrepealed). |
| Every fine imposed in respect of the contravention of any byelaw for the time being in force made under Part III of the Housing of the Working Classes Act, 1890, and prosecuted by or on behalf of a local authority. |
To the local authority by whom the offence was prosecuted to be applied by them to the credit of the funds out of which the expenses of Part III of the Housing of the Working Classes Act, 1890, are defrayed. |
| Every penalty imposed in respect of an offence committed against the Infectious Diseases (Prevention) Act, 1890, or against any order or regulation for the time being in force made under the said Act, and prosecuted by or on behalf of a local sanitary authority. |
To the local sanitary authority by whom the offence was prosecuted to be paid by them into their fund applicable to the purposes of the Infectious Diseases (Prevention) Act, 1890. |
| Every fine imposed in respect of an offence under Part 1 of the Children Act, 1908, which was prosecuted by or on behalf of a local authority as defined in the said Act. |
To the local authority (as defined in the Children Act, 1908) by whom the offence was prosecuted, to be paid by them into their fund applicable for the relief of the poor. |
| Every fine imposed in respect of every offence committed against the Rag Flock Act, 1911, and prosecuted by or on behalf of a local sanitary authority. |
To the local sanitary authority by whom the offence was prosecuted to be paid by them into their fund applicable for the purposes of the Rag Flock Act, 1911. |
| Every fine imposed in respect of an offence committed against the Shops Acts, 1912 and 1913, or any order for the time being in force made thereunder and prosecuted by or on behalf of a local authority as defined in the Shops Act, 1912, and every fine imposed in respect of an offence committed against the Shop Hours (Drapery Trades, Dublin and District) Act, 1926 (No. 36 of 1926) and prosecuted by or on behalf of a local authority as so defined. |
To the local authority as defined in the Shops Act, 1912, by whom the offence was prosecuted to be paid by them into their fund out of which the expenses incurred by them under the Shops Acts, 1912 and 1913, or the Shop Hours (Drapery Trades, Dublin and District) Act, 1926 (as the case may be) are paid. |
| Every fine imposed in respect of an offence against the Diseases of Animals Acts, 1894 to 1914, or against any order or regulation made under any of the said Acts and for the time being in force. |
Into the general account of the General Cattle Diseases Fund. |
| Every penalty imposed in respect of an offence against the Pharmacy Act (Ireland), 1875, and the Pharmacy Act (Ireland), 1875, Amendment Act, 1890. |
To the Treasurer of the Pharmaceutical Society of Ireland to be paid by him into the fund applicable for the purposes of the Pharmacy Act (Ireland), 1875, and the Pharmacy Act (Ireland), 1875, Amendment Act, 1890. |
| Every fine or penalty imposed in respect of an offence against the Acts for the time being in force relating to salmon fisheries or against any order or regulation or Byelaw made under any of the said Acts and for the time being in force. |
(a) Where any member of the Garda Siochana was the means of bringing to justice the person by whom the offence (in respect of which the fine or penalty was imposed) was committed, |
(i) as to two-thirds of the amount of the said fine or penalty to the board of conservators of the district in which the offence was committed to be applied by them for the purposes of the Acts relating to salmon fisheries for the time being in force, and
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(ii) as to one-third of the amount of such fine or penalty into the Garda Siochana Reward Fund, and
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| (b) In every other case, to the board of conservators of the district in which the offence (in respect of which the fine or penalty was imposed) was committed, to be applied by them for the purposes aforesaid. |
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| | SECOND PART.
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| | Prisons (Ireland) Act, 1856.
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| | Telegraph Acts, 1863 to 1920.
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| | Public Stores Act, 1875.
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| | Explosives Act, 1875.
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| | Pharmacy Act (Ireland), 1875.
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| | Sea Fisheries Act, 1883.
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| | Post Office (Protection) Act, 1884.
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| | Steam Trawling (Ireland) Act, 1889.
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| | Pharmacy Act (Ireland), 1875, Amendment Act, 1890.
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| | Diseases of Animals Acts, 1894 to 1914.
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| | Merchant Shipping Act, 1894.
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| | Motor Car Acts, 1896 to 1903.
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| | Factory and Workshop Act, 1901.
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| | Fisheries (Ireland) Act, 1901.
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| | Whale Fisheries (Ireland) Act, 1908.
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| | Post Office Act, 1908.
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| | Bee Pest Prevention (Ireland) Act, 1908.
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| | Weeds and Agricultural Seeds (Ireland) Act, 1909.
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| | Horse Breeding Act, 1918.
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| | Roads Act, 1920.
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Garda Siochana Act, 1924
(No. 25 of 1924).
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| | The Acts relating to salmon fisheries for the time being in force.
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| | The Acts and enactments relating to the revenue for the time being in force.
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| | Acts passed after the date of this Order.
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