Legal Procedure (General).

Service to be good if made personally, or on board Ship.

Sums ordered

able by Distress on Ship.

diction either under this Act or under any other Act or to Common Law, for any Purpose whatever, is situate on the Coast of any Sea, or abutting on or projecting into any Bay, Channel, Lake, River, or other navigable Water, every such Court, Justice of the Peace, or Magistrate shall have Jurisdiction over any Ship or Boat being on or lying or passing off such Coast, or being in or near such Bay, Channel, Lake, River, or navi gable Water as aforesaid, and over all Persons on board such Ship or Boat or for the Time being belonging thereto, in the same Manner as if such Ship, Boat or Persons were within the Limits of the original Jurisdiction of such Court, Justice, or Magistrate.

DXXII. Service of any Summons or other Matter in any legal Proceeding under this Act shall be good Service, if made personally on the Person to be served, or at his last Place of Abode, or if made by leaving such Summons for him on board any Ship to which he may belong with the Person being or appearing to be in command or charge of such Ship.

DXXIII. In all Cases where any Court, Justice or Justices to be paid levi- of the Peace, or other Magistrate, has or have Power to make an Order directing Payment to be made of any Seaman's Wages, Penalties, or other Sums of Money, then, if the Party so directed to pay the same is the Master or Owner of a Ship, and the same is not paid at the Time and in Manner prescribed in the Order, the Court, Justice or Justices, or other Magistrate who made the Order, may, in addition to any other Powers they or he may have for the Purpose of compelling Payment, direct the Amount remaining unpaid to be levied by Distress or Poinding and Sale of the said Ship, her Tackle, Furniture, and Apparel.

Application of
Penalties.

Limitation of

mary Proceed

ings.

DXXIV. Any Court, Justice, or Magistrate imposing any Penalty under this Act, for which no specific Application is herein provided, may, if it or he thinks fit, direct the whole or any Part thereof to be applied in compensating any Person for any Wrong or Damage which he may have sustained by the Act or Default in respect of which such Penalty is imposed, or to be applied in or towards Payment of the Expenses of the Proceedings; and, subject to such Directions or specific Application as aforesaid, all Penalties recovered in the United Kingdom shall be paid into the Receipt of Her Majesty's Exchequer in such Manner as the Treasury may direct, and shall be carried to and form Part of the Consolidated Fund of the United Kingdom; and all Penalties recovered in any British Possession shall be paid over into the Public Treasury of such Possession, and form Part of the Public Revenue thereof.

DXXV. The Time for instituting Summary Proceedings Time in Sum- under this Act shall be limited as follows; (that is to say,) (1.) No Conviction for any Offence shall be made under this Act in any Summary Proceeding instituted in the United Kingdom, unless such Proceeding is commenced within Six Months after the Commission of the Offence;

or

or if both or either of the Parties to such Proceeding
happen during such Time to be out of the United
Kingdom, unless the same is commenced within Two
Months after they both first happen to arrive or to be at
One Time within the same:

(2.) No Conviction for any Offence shall be made under
this Act in any Proceeding instituted in any British
Possession, unless such Proceeding is commenced within
Six Months after the Commission of the Offence; or if
both or either of the Parties to the Proceeding happen
during such Time not to be within the Jurisdiction of
any Court capable of dealing with the Case, unless the
same is commenced within Two Months after they both
first happen to arrive or to be at One Time within such
Jurisdiction:

(3.) No Order for the Payment of Money shall be made under this Act in any Summary Proceeding instituted in the United Kingdom unless such Proceeding is commenced within Six Months after the Cause of Complaint arises; or, if both or either of the Parties happen during such Time to be out of the United Kingdom, unless the same is commenced within Six Months after they both first happen to arrive or to be at One Time within the same:

(4.) No Order for the Payment of Money shall be made under this Act in any Summary Proceeding instituted in any British Possession, unless such Proceeding is commenced within Six Months after the Cause of Complaint arises; or, if both or either of the Parties to the Proceeding happen during such Time not to be within the Jurisdiction of any Court capable of dealing with the Case, unless the same is commenced within Six Months after they both first happen to arrive or be at One Time within such Jurisdiction:

And no Provision contained in any other Act or Acts, Ordinance or Ordinances, for limiting the Time within which Summary Proceedings may be instituted shall affect any Summary Proceeding under this Act.

DXXVI. Any Document required by this Act to be executed in the Presence of or to be attested by any Witness or Witnesses, may be proved by the Evidence of any Person who is able to bear witness to the requisite Facts, without calling the attesting Witness or Witnesses or any of them.

Legal Procedure (General).

Document proved without calling attesting witness.

Record or
Admiralty to

DXXVII. Whenever any Injury has, in any Part of the Power of Judge World, been caused to any Property belonging to Her Majesty of Court of or to any of Her Majesty's Subjects by any Foreign Ship, if at any Time thereafter such Ship is found in any Port or River arrest Foreign of the United Kingdom or within Three Miles of the Coast Ship that has thereof, it shall be lawful for the Judge of any Court of Record occasioned in the United Kingdom, or for the Judge of the High Court of Admiralty, or in Scotland the Court of Session, or the Sheriff of

3 B 2

Damage.

Legal Procedure (General).

Power in certain Cases to

detain Ship

tion made to

Judge.

of the County within whose Jurisdiction such Ship may be, upon its being shown to him by any Person applying summarily that such Injury was probably caused by the Misconduct or Want of Skill of the Master or Mariners of such Ship, to issue an Order directed to any Officer of Customs or other Officer named by such Judge, requiring him to detain such Ship until such Time as the Owner, Master, or Consignee thereof has made Satisfaction in respect of such Injury, or has given Security, to be approved by the Judge, to abide the Event of any Action, Suit, or other legal Proceeding that may be instituted in respect of such Injury, and to pay all Costs and Damages that may be awarded thereon; and any Officer of Customs or other Officer to whom such Order is directed shall detain such Ship accordingly.

DXXVIII. In any Case where it appears that before any Application can be made under the foregoing Section such before Applica Foreign Ship will have departed beyond the Limits therein. mentioned, it shall be lawful for any Commissioned Officer on Full Pay in the Military or Naval Service of Her Majesty, or any British Officer of Customs, or any British Consular Officer, to detain such Ship until such Time as will allow such Application to be made and the Result thereof to be communicated to him; and no such Officer shall be liable for any Costs or Damages in respect of such Detention unless the same is proved to have been made without reasonable Grounds.

Who to be De

in such Cases.

DXXIX. In any Action, Suit, or other Proceeding in fendant to Suit relation t, such Injury, the Person so giving Security as aforesaid shall be made Defendant or Defender, and shall be stated to oe the Owner of the Ship that has occasioned such Damage; and the Production of the Order of the Judge made in relation to such Security shall be conclusive Evidence of the Liability of such Defendant or Defender to such Action, Suit, or other Proceeding.

Legal Procedure (Scotland).

Offences

punishable as Misdemeanors.

Summary Proceedings.

Legal Procedure (Scotland).

DXXX. In Scotland every Offence which by this Act is described as a Felony or Misdemeanor may be prosecuted by Indictment or Criminal Letters at the Instance of Her Majesty's Advocate before the High Court of Justiciary, or by Criminal Libel at the Instance of the Procurator Fiscal of 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.

DXXXI. In Scotland, all Prosecutions, Complaints, Actions, or Proceedings under this Act, other than Prosecutions for Felonies or Misdemeanors, may be brought in a summary Form before the Sheriff of the County, or before any Two Justices

of

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 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.

Legal Procedure

(Scotland).

DXXXII. In Scotland, all Prosecutions, Complaints, Actions, Form of Comor other Proceedings under this Act may be brought either in plaint. a written or printed Form, or partly written and partly printed, and where such Proceedings are brought in a summary Form it shall not be necessary in the Complaint to recite or set forth the Clause or Clauses of the Act on which such Proceeding is founded, but it shall be sufficient to specify or refer to such Clause or Clauses, and to set forth shortly the Cause of Complaint or Action, and the Remedy sought; and when such 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.

of Defender

DXXXIII. In Scotland, on any Complaint or other Proceed- Mode of requir ing brought in a summary Form under this Act being presented ing Appearance to the Sheriff Clerk or Clerk of the Peace, he shall grant and Witness(s. Warrant to cite the Defender to appear personally before the said Sheriff or Justices of the Peace on a Day fixed, and at the same Time shall appoint a Copy of the same to be delivered to him by a Sheriff Officer or Constable, as the Case may be, along with the Citation; and such Deliverance shall also contain a Warrant for citing Witnesses and Havers to compear at the same Time and Place to give Evidence and produce such Writs as may be specified in their Citation; and where such Warrant has been prayed for in the Complaint or other Proceeding, the Deliverance of the Sheriff Clerk or Clerk of the Peace shall also contain Warrant to arrest upon the Dependence in common Form: 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.

DXXXIV. When it becomes necessary to execute such Backing Arrestment on the Dependence against Goods or Effects of the Arrestments. 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 indorsed by the Sheriff Clerk or Clerk of the Peace of the County or Burgh respectively within which such Warrant comes to be executed.

Legal

Procedure (Scotland).

Compelling
Attendance of

Witnesses.

Proceedings to

be vivâ voce.

Power to adjourn.

Sentence to be in Writing.

to be inflicted

in default of Payment.

DXXXV. In all Proceedings under this Act in Scotland the Sheriff or Justices of the Peace shall have the same Power of compelling Attendance of Witnesses and Havers as in Cases falling under their ordinary Jurisdiction.

DXXXVI. The whole Procedure in Cases brought in a summary Form before the Sheriff or Justices of the Peace in Scotland shall be conducted, vivá voce, without written Pleadings, and without taking down the Evidence in Writing, and no Record shall be kept of the Proceedings, other than the Complaint, and the Sentence or Decree pronounced thereon.

DXXXVII. It shall be in the Power of the Sheriff or Justices of the Peace in Scotland to adjourn the Proceedings from Time to Time to any Day or Days to be fixed by them, in the event of Absence of Witnesses or of any other Cause which shall appear to them to render such Adjournment

necessary.

DXXXVIII. In Scotland all Sentences and Decrees to be pronounced by the Sheriff or Justices of the Peace upon such Imprisonment summary Complaints shall be in Writing; and where there is is a Decree for Payment of any Sum or Sums of Money against a Defender, such Decree shall contain Warrant for Arrestment, Poinding, and Imprisonment in default of Payment, such Arrestment, Poinding, or Imprisonment to be carried into effect by Sheriffs Officers or Constables, as the Case may be, in the same Manner as in Cases arising under the ordinary Jurisdiction in the Sheriff or Justices: Provided always, that nothing herein contained shall be taken or construed to repeal or affect an Act of the Fifth and Sixth Years of William the 5&6 W.4.c.70. Fourth, intituled An Act for abolishing, in Scotland, Imprisonment for Civil Debts of small Amount.

Sentence and
Penalties in
default of
Defender's
Appearance.

Warrant to apprehend in default of Appearance.

DXXXIX. In all summary Complaints and Proceedings for Recovery of any Penalty or Sum of Money in Scotland, if a Defender who has been duly cited shall not appear at the Time and Place required by the Citation, he shall be held as confessed, and Sentence or Decree shall be pronounced against him in Terms of the Complaint, with such Costs and Expenses as to the Court shall seem fit: Provided always, 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 on any Day to which the Court shall then adjourn it.

DXL. In all summary Complaints or other Proceedings not brought for the Recovery of any Penalty or Sum of Money in Scotland, if a Defender, being duly cited, shall fail to appear,

the