No. 10/1937:

FINES AND PENALTIES (DISPOSAL) ORDER, 1937.

FINES AND PENALTIES (DISPOSAL) ORDER, 1937.

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 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 recognizance shall be paid or allowed to any prosecutor, informer, or other person or paid into any fund:

AND WHEREAS it is enacted by subsection (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 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:

AND WHEREAS by virtue of the Courts Officers Act, 1926 (Appointed Day) Order, 1928 (Statutory Rules and Orders, No. 10 of 1928), the appointed day for the purposes of the said Section 51 is the 31st day of March, 1928:

NOW, I, PATRICK J. RUTTLEDGE, Minister for Justice, in exercise of the powers conferred on me by subsection (4) of Section 51 of the Courts 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, 1937.

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.

3. In this Order—

the expression "the Act" means the Milk and Dairies Act, 1935 (No. 22 of 1935).

4. Every fine imposed in respect of an offence under the Act which is prosecuted by, at the suit of, or on behalf of, a sanitary authority, shall, in lieu of being paid into the Exchequer, be paid to such sanitary authority.

5. Every fine imposed in respect of an offence under the Act shall, where the proceedings were taken by the medical officer of a sanitary district or an officer authorised in that behalf by a sanitary authority, in lieu of being paid into the Exchequer, be paid to the sanitary authority by whom the expenses incurred in such proceedings by such medical officer or officer so authorised are payable.

6. Every fine paid to a sanitary authority under this Order shall be applied by such sanitary authority towards the expenses of such sanitary authority under the Act.

Given under my Seal of Office, this 12th day of January, 1937.

(Signed) PATRICK J. RUTTLEDGE,

Minister for Justice.

(Signed) S. A. ROCHE.

I concur.

(Signed) SEÁN MACENTEE,

Minister for Finance.