Levy of Fines Act 1822
| Jurisdiction | UK Non-devolved |
| Citation | 1822 c. 46 |
| Year | 1822 |
(3 Geo. 4) C A P. XLVI.
[24th June 1822]
'WHEREAS an Act was passed in the Twenty second and Twenty third Years of His late Majesty KingCharles the Second, intituled An Act for the better and more certain Recovery of Fines and Forfeitures due to His Majesty , which Act was made perpetual by an Act passed in the Fourth and Fifth Years of the Reign of Their late Majesties William and Mary , intituled An Act for reviving, continuing and explaining several Laws therein mentioned, which are expired and near expiring: And Whereas an Act was passed in the Forty first Year of His late Majesty George the Third, intituled An Act for better Payment of Fines and Forfeitures imposed by Justices out of Sessions in England: And Whereas great Delays occur in the Return of Fines, Issues, Amerciaments, forfeited Recognizances, Sum and Sums of Money paid or to be paid in lieu or satisfaction of them or any of them, by or before any Justices of the Peace, or at any General or Quarter Sessions of the Peace in that Part of the United Kingdom called England: And Whereas such Delays impede the due Administration of Justice, as well as the Recovery of the Fines and Forfeitures due to the Crown thereupon, and it is therefore expedient that further Provision should be made for the speedy and regular Return of all such Fines, Issues, Amerciaments, forfeited Recognizances and Sum or Sums of Money paid or to be paid in lieu or satisfaction of them or any of them:' May it therefore please Your Majesty that it may be enacted; and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons, in this present Parliament assembled, and by the Authority of the same, Thatfrom and after the Twenty ninth Day ofSeptember One thousand eight hundred and twenty two, so much of the aforesaid Act passed in the Twenty second and Twenty third Years of the Reignof His late Majesty KingCharles the Second, as relates to Fines, Issues and Amerciaments, forfeited Recognizances, Sum or Sums of Money paid or to be paid in lieu or satisfaction of them or any of them imposed and adjudged at any Quarter Sessions of the Peace; and also that such Part of the aforesaid Actof Their late MajestiesWilliam and Mary , as makes perpetual the aforesaid Provisions contained in the said Act passed in the Twenty second and Twenty third Year of the Reign of His late Majesty King Charles the Second; and likewise so much of the said Actpassed in the Forty first Year of the Reign of His late Majesty KingGeorge the Third, as relates to the annual Payment of all Fines, Forfeitures and Penalties, or such Parts thereof as shall be due to the King, imposed and received by any Justice out of Sessions, and not made payable to any Body or Bodies Corporate, or any Commissioners of any Public Board, or any other Person or Persons, into the Hands of the Sheriff previous to the Michaelmas Sessions; and also so much of the said Act of the Forty first Year of the Reign of His said late Majesty King George the Third, as requires such Justices, previous to the Michaelmas Sessions yearly, to transmit to the Clerk of the Peace or Town Clerk where such Fine was imposed an Account in Writingof all such Fines, shall be and are hereby repealed.
II Statements of Fines, &c. to be certified to Clerk of the Peace by the Justice by whom such Fine, &c. is imposed.
II. And be it further enacted, That from and after the Twenty ninth Day ofSeptember One thousand eight hundred and twenty two, all Fines, Issues, Amerciaments, forfeited Recognizances, Sum or Sums of Money paid or to be paid in lieu or satisfaction of them or any of them (save and except the same shall, by virtue of any Act or Acts of Parliament made or to be made, be otherwise directed to be levied, recovered, appropriated or disposed of), which already are or hereafter shall be set, imposed, lost or forfeited by or before any Justice or Justices of the Peace in that Part of the United Kingdom calledEngland , shall be and are hereby required to be certified by the Justice or Justices of the Peace by or before whom any such Fines, Issues, Amerciaments, forfeited Recognizances, Sum or Sums of Money paid or to be paid in lieu or satisfaction of them or any of them, shall be get, imposed, lost or forfeited, to the Clerk of the Peace of the County, or Town Clerk of the City, Borough or Place, in Writing, containing the Names and Residences, Trade, Profession or Calling of the Parties, the Amount of the Sum forfeited by each respectively, and the Cause of each Forfeiture, signed by such Justice or Justices of the Peace, on or before the ensuing General or Quarter Sessions of such County, City, Borough or Place respectively; and such Clerk of the Peace or Town Clerk shall copy on a Roll such Fines, Issues, Amerciaments, forfeited Recognizances, Sum or Sums of Money paid or to be paid in lieu or satisfaction of them or any of them, together with all Fines, Issues, Amerciaments, forfeited Recognizances, Sum or Sums of Money paid or to be paid in lieu or satisfaction of them or any of them imposed or forfeited at such Court of General or Quarter Sessions, and shall, within such Time as shall be fixed and determined by such Court, not exceeding Twenty one Days after the Adjournment of such Court, send a Copy of such Roll, with a Writ ofDistringas and Capias or Fieri facias and Capias according to the Form and Effect in the Schedule marked (A.) annexed to this Act, to the Sheriff of such County, or the Sheriff, Bailiff or Officer of such City, Borough or Place having Execution of Process therein respectively, as the case may be, which shall be the Authority to such Sheriff of such County, or the Sheriff, Bailiff or Officer, as the case may be, for proceeding to the immediate levying and recovering of such Fines, Issues, Amerciaments, forfeited Recognizances, Sum or Sums of Money to be paid in lieu or satisfaction of them or any of them, on the Goods and Chattels of such several Persons, or for taking into Custody the Bodies of such Persons, in case sufficient Goods and Chattelsshall not be found whereon Distress can be made for Recovery thereof; and every Person so taken shall be lodged in the Common Gaol until the next General or Quarter Sessions of the Peace, there to abide the Judgment of the said Court.
III Clerk of the Peace or Town Clerk to make Oath as to all Fines, &c. inserted in the Roll and paid.
III. And be it further enacted, That the Clerk of the Peace or...
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