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Land Clauses Consolidation Act 1845

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Recovery of penaltiesE+W+N.I.

And with respect to the recovery of forfeitures, penalties, and costs, be it enacted as follows:

136 Penalties to be summarily recovered before two justices.E+W+N.I.

Every penalty or forfeiture imposed by this or the special Act, or by any byelaw made in pursuance thereof, the recovery of which is not otherwise provided for, may be recovered by summary proceeding before two justices . . . F1

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137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2E+W+N.I.
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F3138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4E+W+N.I.
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140 Distress against the treasurer.E+W+N.I.

. . . F5

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[F6141 Distress not unlawful for want of form.N.I.
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F6S. 141 repealed (E.W.) (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group1

No distress levied by virtue of this or the special Act, or any Act incorporated therewith, shall be deemed unlawful, nor shall any party making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, warrant of distress, or other proceeding relating thereto, nor shall such party be deemed a trespasser ab initio on account of any irregularity afterwards committed by him, but all persons aggrieved by such defect or irregularity may recover full satisfaction for the special damage in an action upon the case.]

142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7E+W+N.I.
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143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8E+W+N.I.
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144. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9E+W+N.I.
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145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10E+W+N.I.
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F10S. 145 repealed (E.W.) by Compulsory Purchase Act 1965 (c. 56), s. 39(4), Sch. 8 Pt. II and repealed as it applies to Northern Ireland by Statute Law (Repeals) Act 1993 c. 50 Sch. 1 Pt. XIV Gp. 1

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Amendments (Textual)

F10S. 145 repealed (E.W.) by Compulsory Purchase Act 1965 (c. 56), s. 39(4), Sch. 8 Pt. II and repealed as it applies to Northern Ireland by Statute Law (Repeals) Act 1993 c. 50 Sch. 1 Pt. XIV Gp. 1

146†Parties allowed to appeal to quarter sessions, on giving security.E+W+N.I.
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C1A dagger appended to a marginal note means that it is no longer accurate.

If any party shall feel aggrieved by any determination or adjudication of any justice with respect to any penalty or forfeiture under the provisions of this or the special Act, or any Act incorporated therewith, such party may appeal to the general quarter sessions . . . F11

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Modifications etc. (not altering text)

C1A dagger appended to a marginal note means that it is no longer accurate.

C2S. 146 amended with the substitution of a reference to the Crown Court for the reference to a court of quarter sessions by Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. I

147. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12E+W+N.I.
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148. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13E+W+N.I.
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149. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14E+W+N.I.
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