Pt. XIII. 698-700. fied or negatived in any information or complaint, and, if so specified or negatived, no proof in relation to the matter so specified or negatived shall be required on the part of the informant or complainant. See 42 & 43 Vict. c. 49, s. 39 (2).] Declarations. [See 54 & 55 Vict. c. 50.] Application of penalties. [1854, s. 524; Vict. c. 119, 8. 88.] see 18 & 19 misdemeanor. 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 (see margin) to proceedings under the Passengers Acts and Merchant Shipping (Fishing Boats) Acts. 698. Any declaration required by this Act to be taken before a justice of the peace or any particular officer may be taken before a commissioner for oaths. This section is founded on the Commissioners for Oaths Act, 1891, s. 1. As to declarations under Part I., see s. 61. Application of Penalties and Costs of Prosecutions. 699.-(1.) Where any court, justice of the peace, or other magistrate, imposes a fine under this Act for which no specific application is herein provided, that court, justice of the peace, or magistrate, may if they think fit direct the whole or any part of 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 in England make the same allowances and order payment of 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. Pt. XIII. offences 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 Payment of of any county or other local rate shall, where the felony or mis- costs of prodemeanor has been committed within the jurisdiction of the secution of Admiralty of England, be paid in the same manner and subject committed 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 [15 & 46 Vict. c. 55, s. 9.] 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. 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 "sheriff" includes sheriff's substitute, "felony" means a high crime and offence, and "misdemeanor " means an offence. See Interpretation Act, 1889, s. 28. as misdemeanors. 702. In Scotland every offence which by this Act is described Offences as a felony or misdemeanor may be prosecuted by indictment or punishable criminal letters at the instance of Her Majesty's Advocate before the High Court of Justiciary, or by criminal libel at the [1854, e. 530.] 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. 702 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 [1851, s. 531.] 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. (a) The words in italics are repealed by the M. S. A. 1906, s. 82 (4), thus enabling offences which are not felonies to be prosecuted summarily. T. D D Pt. XIII. 704-708. Form of complaint. 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 com[1854, s. 532.] plaint may contain a prayer for warrant to arrest upon the dependence. Warrants on summary proceedings. [1854, s. 533.] Backing arrestments. 705. On any summary proceedings in Scotland the deliverance of the sheriff clerk or clerk of the peace shall 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 authorised 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. 706. When it becomes necessary to execute such arrestment on the 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 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. Form of decree for payment of money. 707. Where on any summary proceedings in Scotland there is a decree for payment of any sum of money against a defender, the decree shall contain warrant for arrestment, poinding, and [1854, s. 538.] imprisonment in default of payment. Sentence and penalties in default of defender's 708. 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 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 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. Pt. XIII. want of 709. No order, decree, 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- for w and to nounced shall be final and conclusive, and not subject to suspen- be final. sion, reduction, or to any form of review or stay of execution, [1854, 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 Spence 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 rules, so far as applicable, 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 proceedings tackle, or to give to the High Court in England any jurisdiction in respect of salvage in Scotland which it has not heretofore had or exercised. Prosecution of Offences in Colonies. in Scotland. of offences in British 711. Any offence under this Act shall, in any British posses- Prosecution sion, be punishable by any court or magistrate by whom an offence of a like character is ordinarily punishable, or in such possession. other manner as may be determined by any Act or ordinance [1854, s. 518 having the force of law in that possession. Application of Part XIII. 712. This Part of this Act shall, except where otherwise provided, apply to the whole of Her Majesty's dominions. 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. (5).] Application of Part XIII. Pt. XIV. 713-716. Superintendence of merchant shipping by Board of Trade. [1854, s. 6.] Returns as to merchant shipping by Board of Trade. PART XIV.-SUPPLEMENTAL. General Control of Board of Trade. 713. The Board of Trade shall be the department to undertake the general superintendence of all matters relating to merchant shipping and seamen, and are authorised to carry 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. See, e.g., as to local marine boards, s. 245; mercantile marine offices, s. 246; wreck, s. 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 [1854, s. 12.] Board may require. Production of (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. 715. All superintendents shall, when required by the Board log-books, &c. of Trade, produce to that Board or to its officers all official logby superinbooks and other documents which are delivered to them under tendents. this Act. [1854, s. 12.] Application of fees, fines, &c. [1854, s. 11; 50 Vict. sess. 2, c. 4, s. 11.] 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. 716.-(1.) All fees and other sums (other than fines) received by the Board of Trade under the Second, Fourth, and Fifth Parts of this Act shall be carried to the account of the Mercantile 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), these sums are now to be paid into the Exchequer, so that the distinction between them and fines has ceased. Compare sub-s. (1) with s. 676, 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, &c. generally, see ss. 699, 676, 232, 378, &c. |