Crown Remedies Act 1891

An Act to provide for the protection and recovery of Crown property and the enforcement of Crown rights and claims

[Preamble Repealed by 25 Geo. V No. 78 ]

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

[Section 1 Substituted by No. 36 of 1958 ]This Act may be cited as the Crown Remedies Act 1891 .

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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)  [Section 3 Subsection (2) amended by No. 55 of 1965, s. 5 ]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)  [Section 4 Subsection (1) amended by 25 Geo. V No. 78 ]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)  [Section 4 Subsection (3) amended by No. 55 of 1965, s. 5 ]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.

5.   Power of Court or judge to vacate judgments

[Section 5 Amended by No. 36 of 1958 ]

(1)  When any final judgment shall have been signed under the provisions hereinbefore contained, it shall be lawful for the Supreme Court, or any judge thereof, whether execution shall have been issued upon such judgment or not, to order satisfaction to be entered upon such judgment.

(2)  No order shall be made under subsection (1) except upon a rule nisi or summons calling upon the Attorney-General to show cause, nor unless it shall be proved by affidavit to the satisfaction of such Court or judge either that the said judgment has been satisfied, or that, according to equity and good conscience and the real merits and justice of the case, the defendant ought not to be required to satisfy the same.

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19.   Act does not apply to land or income tax or estate duty

[Section 19 Amended by 25 Geo. V No. 78 ]The provisions of this Act shall not apply to the enforcement of payment of any sum of money due and payable by any person to His Majesty under the provisions of the Land and Income Taxation Act 1910 , or the Deceased Persons' Estates Duties Act 1931 , or to any recognizance mentioned in the Criminal Code .

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Section 3

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Section 4

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