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Irish Statutory Instruments


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S.I. No. 267/1942 -- Fines and Penalties (Disposal) Order, 1942.

S.I. No. 267/1942 -- Fines and Penalties (Disposal) Order, 1942. 1942 267

No. 267/1942:

FINES AND PENALTIES (DISPOSAL) ORDER, 1942.

FINES AND PENALTIES (DISPOSAL) ORDER, 1942.

WHEREAS it is enacted by sub-section (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 recognisances imposed or levied by any court after the appointed day shall be paid into or disposed of 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 recognisance shall be paid or allowed to any prosecutor, informer, or other person or paid into any fund :

AND WHEREAS it is enacted by sub-section (4) of the said section 51 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 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 :

AND WHEREAS by virtue of the Court Officers Act, 1926 (Appointed Day) Order, 1928 ( S. R. & O. No. 10 of 1928 ), the appointed day for the purposes of the said section 51 is the 31st day of March, 1928 :

NOW, I, GERALD BOLAND, 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 :—

1. This Order may be cited as the Fines and Penalties (Disposal) Order, 1942.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3. Every fine imposed Under section 5 of the Emergency Powers Act, 1939 (No. 28 of 1939), in respect of a contravention of a provision in Article 5 of the Emergency Powers (No. 115) Order, 1941 (S. R. & O. No. 437 of 1941), shall, in lieu of being paid into the Exchequer, be paid to the Pigs and Bacon Commission.

GIVEN under my Official Seal, this 18th day of June, 1942.

(Signed) GERALD BOLAND,

Minister for Justice.

I concur.

(Signed) SEÁN T. Ó CEALLAIGH,

Minister for Finance.



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URL: http://www.bailii.org/ie/legis/num_reg/1942/0267.html