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698—700. fied or negatived in any information or complaint, and, if so
g^ 42 & 43 specified or negatived, no proof in relation to the matter so
Vict. c. 43, specified or negatived shall be required on the part of the
s. 39 (-2).] informant or complainant.
This section is founded on s. 39 (2) of the Summary Jurisdiction Act, 1879, and thus generalises provisions which hitherto applied only to England or (seo margin) to proceedings under the Passengers Acts and Merchant Shipping (Fishing Boats) Acts.
Declaration*. 698. Any declaration required by this Act to be taken before [See 54 & 65 a justice of the peace or any particular officer may be taken ic . c. 60.] before a commissioner for oaths.
This section is founded on the Commissioners for Oaths Act, 1891, s. 1.
Application of Penalties and Costs of Prosecutions.
Application of 699. — (1.) Where any court, justice of the peace, or other
penalties. magistrate, imposes a fine under this Act for which no specific
Broili' £ j5924 ■ application is herein provided, that court, justice of the peace, or
Vict. c. 119, magistrate, may if they think fit direct the whole or any part of
»• 88-] the fine 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 the fine is imposed, or to be applied in or
towards payment of the expenses of the proceedings.
(2.) Subject to any directions under this section or to any specific application provided under this Act, all fines under this Act shall, notwithstanding anything in any other Act—
(a.) if recovered in the United Kingdom be paid into the Exchequer in such manner as the Treasury may direct, and be carried to and form part of the Consolidated Fund; and
(b.) if recovered in any British possession, be paid over into the public treasury of that possession, and form part of the public revenue thereof.
As to the application of certain fees and fines coming into the hands of the Board of Trade, see s. 716 and s. 676, sub-s. (1) (b).
Expenses of 700. Where an offence under this Act is prosecuted as a misprosecution of demeanor, the court before whom the offence is prosecuted may r 'in England make the same allowances and order payment of
(i).]' the same costs and expenses as if the offence were a felony, and
in any other part of Her Majesty's dominions may make such allowances and order payment 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.
701. Such costs and expenses of and incidental to any pro- 701—703. secution for a felony or misdemeanor as are by law payable out pnymcnt 0f of any county or other local rate shall, where the felony or mis- costs of picdemeanor has been committed within the jurisdiction of the secution of Admiralty of England, be paid in the same manner and subject Emitted in to the same regulations as if the felony or misdemeanor had been Admiralty committed in the county in which the same is heard and deter- jurisdiction, mined, or, where the same is heard and determined at the Central C45 * 4G Vict. Criminal Court, as if the same had been committed in the county c' '"'
of London, and all sums properly paid out of any county or other local rate in respeot of those costs and expenses shall be repaid out of money provided by Parliament.
Procedure in Scotland.
See also s. 680 (prosecution of offences), which is now applied to Scotland by M. S. A. 1906, s. 82 (2).
As respects Scotland, the term " therifi" includes sheriff's substitute, "felony" means a nigh crime and offence, and "mitdemeanor" means an offence. See Interpretation Act, 1889, s. 28.
702. In Scotland every offence which by this Act is described Offences as a felony or misdemeanor may be prosecuted by indictment or punishable oriminal letters at the instance of Her Majesty's Advocate n'ieTM.]ora" before the High Court of Justiciary, a by criminal libel at the ri854,*. 680.] instance of the procurator fiscal of the county before the sheriff (a),
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.
(a) The words in italics are repealed by M. S. A. 1906, s. 82 (3), which also provides that every offence in s. "02 may be prosecuted by indictment.
703. In Scotland, all prosecutions, complaints, actions, or summary proceedings under this Act, other than prosecutions for felonies proceedings. or misdemeanors (a), may be brought in a summary form before [1854, s. 531.] the sheriff of tho 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 tho 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.
(a) The words in italics aro repealed by the M. S. A. 1906, s. 82 (4), thus enabling offences which are not felonies to be prosecuted summarily.
T. 1) I)
704—708. 704. Where in any summary proceedings under this Act in
Form of Scotland any complaint or action is brought in whole or in part
complaint. for the enforcement of a pecuniary debt or demand, the com
[1854, s. 532.] plaint may contain a prayer for warrant to arrest upon the
Warrants on 705. On any summary proceedings in Scotland the deliver
8omTM\I7<r ance of the sheriff clerk or clerk of the peace shall contain
ris>4 »1D"33 1 warraQf 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 authorised by this Act,
such party may be detained in custody until ho 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 induciae shall in such case be
Backing 706. When it becomes necessary to execute such arrestment
arrestments. on ^e dependence against goods or effects of the defender [1854, s. 534.] within Scotland, but not locally situated within the jurisdiction of the sheriff or justices of the peace by whom the wan-ant 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.
Form of 707. Where on any summary proceedings in Scotland there
pavmentof ^ a decree for payment of any sum of money against a defender, money. the decree shall contain warrant for arrestment, poinding, and
[1854, s. 538.] imprisonment in default of payment.
Sentence and 708. In all summary complaints and proceedings for recovery
d^aultof11 °^ anv Penalty or 8um of money in Scotland, if a defender who
defender's has been duly cited shall not appear at the time and place
appearance, required by the citation, he shall be held as confessed, and
[1854, s. 539.] 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 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 repon
ing 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. Pt. XIII.
709. No order, deoree, or sentence pronounced by any sheriff 709—712. or justice of the peace in Scotland under the authority of this orders not to Act shall be quashed or vacated for any misnomer, informality, be quashed or defect of form; and all orders, decrees, and sentences so pro- *or wan'of nouncedshall be final and conclusive, and not subject to suspen- tofcaall ° sion, reduction, or to any form of review or stay of execution, risr>4, s. 542.] 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.
See Sptnce v. Sinclair (1883), 20 Sc. L. R. 726.
710. Nothing in this Act shall be held in any way to annul General
or restrict the common law of Scotland with regard to the rulca' *? faF prosecution or punishment of offences at the instance or by the to extend to°' direction of the Lord Advocate, or the rights of owners or penalties and creditors in regard to enforcing a judicial sale of any ship and Pr<H>eedmgf< tackle, or to give to the High Court in England any jurisdiction r]S-4 '-, in respect of salvage in Scotland which it has not heretofore had'
Prosecution of Offences in Colonies.
711. Any offence under this Act shall, in any British posses- Prosecution sion, be punishable by any court or magistrate by whom an °u British* offence of a like character is ordinarily punishable, or in such possession. other manner as may be determined by any Act or ordinance [is.5», s. 618 having the force of law in that possession. (s)-]
Application of Part XIII.
712. This Part of this Act shall, except where otherwise Application of provided, apply to the whole of Her Majesty's dominions. Part XIII-_
As to the application of certain provisions of Part XIII. by Order in Council to foreign countries where His Majesty has jurisdiction, see note Foreign Jurisdiction to s. 686.
General Control of Board of Trade.
713. The Board of Trade shall be the dejiarlment to undertake the general superintendence of all matters relating to merchant shipping and seamen, and are authorised to cany into execution the provisions of this Act and of all Acts relating to merchant shipping and seamen for the time being in force, except where otherwise provided by those Acts, or except so far as those Acts relate to the revenue.
The Board of Trade is also given the control and superintendence of particular matters by numerous sections throughout the Act. Sec, e.g., as to local marine boards, s. 245; mercantile marine offices, s. 246; wreck, 8. 566.
714. All consular officers and officers of customs abroad, and all local marine boards and superintendents (a), shall make and send to the Board of Trade such returns or reports on any matter relating to British merchant shipping or seamen as the Board may require.
(a) As to control of Board of Trade over local marine boards, see s. 245, and for provisions as to superintendents, &c, see M. S. A. 1906, s. 74.
Production of 715. All superintendents shall, when required by the Board log-books,&c. of Trade, produce to that Board or to its officers all official log1,1 :"!">! books and other documents which are delivered to them under this Act.
See also s. 242, delivery of official logs to superintendent; s. 253, delivery of ships' articles; s. 256, transmission of documents by superintendents to registrar.
Application of 716.—(1.) All fees and other sums (other than fines) received fees, fines, &c. by the Board of Trade under the Second, Fourth, and Fifth Q854, a. n; Parts of this Act shall be carried to the account of the Mercantile *n-2. Marine Fund (a).
(2.) All fines coming into the hands of the Board of Trade under this Act shall be paid into the Exchequer as the Treasury may direct, and shall be carried to and form part of the Consolidated Fund.
(a) By the Merchant Shipping (Mercantile Marine Fund) Act, 1898, s. 1 (a), thoso sums are now to bo paid into the Exchequer, so that the distinction between them and fines has ceased.
Compare sub-s. (1) with s. 67C, sub-s. (1) (b), which covers the same ground with respect to Parts II. and V., but excepts forfeitures as well as fines.
As to the application of fines, forfeitures, fees, ic. generally, see ss. 699, 670, 232, 378, kc.