Legal Procedure (Scotland). the Sheriff or Justices may grant Warrant to apprehend and bring him before the Court. Sentences or Decrees. DXLI. In all Cases where Sentences or Decrees of the Sheriff or Justices require to be enforced within Scotland, Banking but beyond the Jurisdiction of the Sheriff or Justices by whom such Sentences or Decrees have been pronounced, it shall be competent to carry the same into execution upon the same being indorsed by the Sheriff Clerk or Clerk of the Peace of the County or Burgh within which such Execution is to take place. DXLII. No Order, Decree, or Sentence pronounced any Sheriff or Justice of the Peace in Scotland under the Authority of this Act shall be quashed or vacated for any Misnomer, Informality, or Defect of Form; and all Orders, Decrees, and Sentences so pronounced shall be final and conclusive, and not subject to Suspension, Advocation, 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, Advocation, or Reduction must be brought within Fourteen Days of the Date of the Order, Decree, or Sentence complained of: Provided always, that no Stay of Execution shall be competent to the Effect of preventing the immediate Execution of such Order, Decree, or Sentence. Orders not to be quashed for and to be final. Want of Form; General Rules, so far as appli cable, to extend to Penalties and DXLIII. Such of the general Provisions with respect to Jurisdiction, Procedure and Penalties contained in this Act as are not inconsistent with the special Rules herein-before laid down for the Conduct of legal Proceedings and the Recovery Proceedings in of Penalties in Scotland, shall, so far as the same are applicable, Scotland. extend to such last-mentioned Proceedings and Penalties: Provided always, that nothing in this Act contained shall be held in any way to annul or restrict the Common Law of Scotland with regard to 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 and Tackle, or to give to the High Court of Admiralty of England any Jurisdiction in respect of Salvage in Scotland which it has not heretofore had or exercised. PART XI. MISCELLANEOUS. Miscellaneous. Natives in DXLIV. It shall be lawful for any Master or Owner of Contracts may a Ship, or his Agent, to enter into Contracts with Lascars or be made with Natives of the Territories of the East India Company, binding India, them to proceed to any Port or Ports in the Australian under certain Colonies either as Seamen or as Passengers, and there to Conditions engage themselves as Seamen in any Ship which may happen go to Australia, binding them to to be there and to be bound to the United Kingdom or to any and thence to 3 B 4 other serve in other Ships to the United King dom. Miscellaneous. other Part of Her Majesty's Dominions; provided that every such Contract shall be in such Form, and shall contain such Provisions, and shall be executed in such Manner, and under such Conditions for securing the Return of such Lascars or Natives to their own Country, and for other Purposes, as the Governor General of India in Council, or the Governors of the respective Presidencies in which the Contract is made, in Council, may direct; and if any Lascar or other Person who has bound himself by any such Contract is, on arriving in any of the said Colonies, required to enter into an Agreement to serve as a Seaman in any Ship bound for the United Kingdom or to any other Part of Her Majesty's Dominions, and if it is certified by some Officer appointed for that Purpose by the Governor of the said Colony that such Agreement is a proper Agreement in all respects for such Lascar or other Person to enter into, and is in accordance with the original Contract, and that the Ship to which such Agreement relates is a proper Ship for such Lascar or other Person to serve in, and is properly supplied with Provisions, and that there is not in the Opinion of such Officer any Objection to the full Performance of the said Contract, such Lascar or other Person shall be bound to enter into the said Agreement, and to serve as a Seaman in the Ship to which it relates, and shall thereupon be deemed to be for all Purposes One of the Crew of the Ship; and if he refuses to enter into such Agreement he shall, notwithstanding such Refusal, be liable to the same Consequences, and be dealt with in all respects in the same Manner, as if he had voluntarily entered into the same; and for every Lascar or other Person in respect of whom such Certificate is applied for the Person applying for the same shall pay to such Officer as aforesaid such Fee as the Governor of the Colony may appoint. Act not to affect 15 & 16 Vict. c. 44. 16 & 17 Vict. c. 84. Corporations, &c. may grant Site for Sailors Homes. Power of DXLV. Nothing in this Act contained shall be taken to repeal or alter any of the Provisions of the "Passengers Act, 1852," or of the Act of the Seventeenth Year of Her present Majesty, Chapter Eighty-four. DXLVI. The Municipal Corporation of any Borough, being a Seaport in the United Kingdom, and any Body Corporate, Association, or Trustees in any such Seaport, existing or constituted for any public Purposes relating to the Government or Benefit of Persons engaged in the British Merchant Service, or to the Management of Docks and Harbours, or for any other public Purposes connected with Shipping or Navigation, may, with the Consent of Her Majesty's Secretary of State for the Home Department, appropriate any Lands vested in them or in Trustees for them as a Site or Sites for a Sailors Home or Sailors Homes, and may for that Purpose either retain and apply the same accordingly, or convey the same to Trustees, with such Powers for appointing new Trustees and continuing the Trust as they think fit. DXLVII. The Legislative Authority of any British PosColonial Legis- session shall have Power, by any Act or Ordinance, confirmed latures to alter by by Her Majesty in Council, to repeal, wholly or in part, any Miscellaneous. Provisions of this Act relating to Ships registered in such Provisions of Possession; but no such Act or Ordinance shall take effect Act until such Approval has been proclaimed in such Possession, or until such Time thereafter as may be fixed by such Act or Ordinance for the Purpose. missioners of DXLVIII. All Expenses incurred by the Commissioners Expenses inof Customs in the Conduct of Suits or Prosecutions, or other- curred by Comwise in carrying into effect the Provisions of this Act, shall Customs to be be considered as Expenses having reference to the Revenue paid out of the Consolidated of Customs, and shall be paid out of the Consolidated Customs; but the Board of Trade may, with the Consent of the Treasury, repay out of the Mercantile Marine Fund all or any Part of such of the Expenses so paid as are by the Provisions of this Act chargeable on the said Fund. Customs. SCHE |