of such costs and expenses as are payable or allowable upon the trial of any misdemeanor or under any law for the time being in force therein (d). prosecu offences committed 701. Such costs and expenses of and incidental to any Payment prosecution for a felony or misdemeanor as are by law of costs of payable out of any county or other local rate (e) shall, where tion of the felony or misdemeanor has been committed within the co jurisdiction of the Admiralty of England, be paid in the in Admiralty jurissame manner and subject to the same regulations as if the diction. felony or misdemeanor had been committed in the county 45 & 46 in which the same is heard and determined, or, where the 55, 8. 9. same is heard and determined at the Central Criminal. Court, as if the same had been committed in the county of London, and all sums properly paid out of any county or other local rate in respect of those costs and expenses shall be repaid out of money provided by Parliament. Procedure in Scotland. Vict. c. meanors. 702. In Scotland every offence which by this Act is Offences described as a felony or misdemeanor may be prosecuted able as punishby indictment or criminal letters at the instance of Her misdeMajesty's Advocate before the High Court of Justiciary, or 1854, s. by criminal libel at the instance of the procurator fiscal of 530. the county before the sheriff, and shall be punishable with fine and with imprisonment with or without hard labour in default of payment, or with imprisonment with or without hard labour, or with both, as the court may think fit, or in the case of felony with penal servitude where the court is competent thereto; and such court may also, if it think fit, order payment by the offender of the costs and expenses of the prosecution. 703. In Scotland all prosecutions, complaints, actions, or Summary proceedings under this Act, other than prosecutions for ings. proceedfelonies or misdemeanors, may be brought in a summary 1854, 8. (d) Misdemeanors under this Act come under the section as to misdemeanors cited in note (c), p. 526, as amended by 29 & 30 Vict. c. 52, § 1. Cf. Gill and Douglas, Summary 531. Form of complaint. 1854, s. 532. Warrants mary pro 1854, s. 533. form before the sheriff of the county, or before any two justices of the peace of the county or burgh where the cause of such prosecution or action arises, or where the offender or defender may be for the time, and when of a criminal nature or for fines or penalties, at the instance of the procurator fiscal of court, or at the instance of any party aggrieved, with concurrence of the procurator fiscal of court; and the court may, if it think fit, order payment by the offender or defender of the costs of the prosecution or action. 704. Where in any summary proceedings under this Act in Scotland any complaint or action is brought in whole or in part for the enforcement of a pecuniary debt or demand, the complaint may contain a prayer for warrant to arrest upon the dependence. 705. On any summary proceedings in Scotland the on sum- deliverance of the sheriff clerk or clerk of the peace shall ceedings. contain warrant to arrest upon the dependence in common. form, where that warrant has been prayed for in the complaint or other proceeding: Provided always, that where the apprehension of any party, with or without a warrant, is authorized by this Act, such party may be detained in custody until he can be brought at the earliest opportunity before any two justices or the sheriff who may have jurisdiction in the place, to be dealt with as this Act directs, and no citation or induciæ shall in such case be necessary. Backing arrestments. 1854, s. 534. Form of decree for 706. When it becomes necessary to execute such arrestment on the dependence against goods or effects of the defender within Scotland, but not locally situated within the jurisdiction of the sheriff or justices of the peace by whom the warrant to arrest has been granted, it shall be competent to carry the warrant into execution on its being endorsed by the sheriff clerk, or clerk of the peace of the county or burgh respectively within which such warrant comes to be executed. 707. Where on any summary proceedings in Scotland of money. there is a decree for payment of any sum of money against payment defender, the decree shall contain warrant for arrestment, poinding, and imprisonment in default of payment. 1851, s. 538. defender's 1854, s. 539. 708. In all summary complaints and proceedings for Sentence and penal recovery of any penalty or sum of money in Scotland, if a ti dedefender who has been duly cited shall not appear at the fault of time and place required by the citation, he shall be held as appearconfessed, and sentence or decree shall be pronounced ance. against him in terms of the complaint, with such costs and expenses as to the court shall seem fit: Provided that he shall be entitled to obtain himself reponed against any such decree at any time before the same be fully implemented, by lodging with the clerk of court a reponing note, and consigning in his hands the sum decerned for, and the costs. which had been awarded by the court, and on the same day delivering or transmitting through the post to the pursuer or his agent a copy of such reponing note; and a certificate by the clerk of court of such note having been lodged shall operate as a sist of diligence till the cause shall have been reheard and finally disposed of, which shall be on the next sitting of the court, or any day to which the court shall then adjourn it. quashed of form and to be 1854, s. 542. 709. No order, decree, or sentence pronounced by any Orders not sheriff or justice of the peace in Scotland under the to be authority of this Act shall be quashed or vacated for any for want misnomer, informality, or defect of form; and all orders, decrees, and sentences so pronounced shall be final and final. conclusive, and not subject to suspension, reduction or to any form of review or stay of execution, except on the ground of corruption or malice on the part of the sheriff or justices, in which case the suspension, or reduction must be brought within fourteen days of the date of the order, decree, or sentence complained of: Provided that no stay of execution shall be competent to the effect of preventing immediate execution of such order, decree, or sentence. 710. Nothing in this Act shall be held in any way to General annul or restrict the common law of Scotland with regard to 2 M S.M.S.A. rules, so far as to extend to applicable, the prosecution or punishment of offences at the instance or by the direction of the Lord Advocate, or the rights of owners or creditors in regard to enforcing a judicial sale of any ship (ƒ) and tackle, or to give to the High Court (g) in England any jurisdiction in respect of salvage in Scotland which it has not heretofore had or exercised. penalties and proceedings in Scotland. 1851, s. 543. Prosecution of offences in Prosecution of Offences in Colonies (h). 711. Any offence under this Act shall, in any British possession (i), be punishable by any court or magistrate by British whom an offence of a like character is ordinarily punishpossession. able, or in such other manner as may be determined by any Act or ordinance having the force of law in that possession. 1854, 8. 518 (5). Application of Part XIII. 1854, 8. 517. Application of Part XIII. 712. This Part of this Act shall, except where otherwise provided, apply to the whole of Her Majesty's dominions. (f) Defined, § 714. (9) Int. Act, 1889, § 13, s. 1. (h) Int. Act., 1889, § 18, s. 3. (i) Ibid. § 18, s. 2. PART XIV. 1854 17 & 18 Vict. c. 104. 1862 = 25 & 26 Vict. c. 63. Int. Act, 1889 = Interpretation Act, 1889 (52 & 53 Vict. c. 63); and see Appendix. The marginal references are to the sections reproduced. Section. ARRANGEMENT OF SECTIONS. SUPPLEMENTAL. General Control of Board of Trade. 713. Superintendence of merchant shipping by Board of Trade (p. 534). 714. Returns as to merchant shipping to Board of Trade (p. 534). 715. Production of log-books, &c., by superintendents (p. 534). 716. Application of fees, fines, &c. (p. 535). 717. Legal proceedings (p. 535). Expenses of Commissioners of Customs. 718. Expenses incurred by Commissioners of Customs (p. 535). Documents and Forms. 719. Proof of documents (p. 535). 720. Power of Board of Trade to prescribe forms (p. 535). 721. Exemption from stamp duty (p. 536). 722. Offences as to use of forms (p. 536). Powers for enforcing Compliance with Act. 723. Powers for seeing that Act is complied with (p. 587). |