ORDINANCE No. 7 of 1866,
Victoria Registration,
17. Whenever a fine shall be imposed upon any person resident in any house and not being the householder within the meaning of this Ordinance, for any violation of the provisions of the following Ordinances, that is to say:-
No. 11 of 1844,
No. 14 of 1844,
No. 12 of 1857,
No. 7 of 1858,
every such fine or any part thereof, in case the same shall not have been recovered from the actual offender, may be recovered from the householder by action at law or by a summary warrant of distress to issue out of the Court by which such fine shall have been imposed, and to be executed against the goods and chattels of such householder without prejudice to the further power given by section 19 for the recovery of such fine. Provided always that the amount of every such fine howsoever recovered from every such householder or voluntarily paid by him may be recovered by such householder from the offender primarily liable for the same in an action for money paid to his use. [The words "No. 14 of 1844" repealed by Ordinance No. 9 of 1876.]
18. Whenever any offence against any of the provisions of the Ordinances specified in the last section shall have been proved to have been committed by any person resident in but not being the householder within a district of Victoria and the actual offender cannot be found or brought to trial, the householder shall be liable to any fine which might have been imposed upon him in case he had been the actual offender. Provided always that the amount of every such fine howsoever recovered from such householder or voluntarily paid by him may be recovered by such householder from the actual offender in an action for money paid to his use.
19. In the event of any householder failing to pay any fine imposed upon or made recoverable from him under this Ordinance within ten days from the date of judgment, it shall be lawful for the Court imposing the fine by warrant to direct and authorize a proper officer to take and receive the rent or rents payable to such householder or any mortgagee in possession in respect of any portions of such house until such fine and the expenses of recovering the same shall have been satisfied, and the receipt of such officer for any such rent or rents shall be a good discharge to the person paying the same as against such householder and all other persons whomsoever, and any balance remaining of any such rent or rents, after satisfying the said fine and the expenses of recovering the same, shall be returned to such householder or mortgagee in possession as the case may be.
20. In every case where personal service of a Magistrate's summons against any householder for any offence under this Ordinance cannot be effected, it shall be sufficient service to affix one copy thereof outside the house in respect of which such offence shall be charged, and to leave another copy thereof at the registered address of such householder, and in case such householder shall not appear according to the exigency of such summons, it shall be lawful for the Magistrate to investigate the
Fines for violation of certain Ordinances to be recoverable from householder in certain cases.
Where actual offender cannot be found householder liable to be fined as if actual offender.
Power to recover fine out of rents and profits of houses.
Mode of service of summons where personal service cannot be effected.