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seizure made grounds.
that has been seized or detained by him in pursuance of the provisions herein on reasonable contained, notwithstanding that such ship is not brought in for adjudication, or, if so brought in, is declared not to be liable to forfeiture, if it is shown to the satisfaction of the judge or court before whom any trial relating to such ship or such seizure or detention is held that there were reasonable grounds for such seizure or detention; but if no such grounds are shown, such judge or court may award payment of costs and damages to any party aggrieved, and make such other order in the premises as it thinks just.
Application of Part X. of the Act.
Legal Procedure (General).
Punishment of offences,
and recovery of penalties.
Geo, 4. c. 64.
PART X.-LEGAL PROCEDURE.
The Tenth Part of this Act shall in all cases where no particular country is mentioned, apply to the whole of Her Majesty's dominions.
Legal Procedure (General).
In all places within Her Majesty's dominions, except Scotland, the offences herein-after mentioned shall be punished and penalties recovered in manner following; (that is to say,)
(1.) Every offence by this Act declared to be a misdemeanor shall be punishable by fine or imprisonment with or without hard labour, and the court before which such offence is tried may in England make the same allowances and order payment of the same costs and expenses as if such misdemeanor had been enumerated in the Act passed in the seventh year of His late Majesty King George the Fourth, chapter sixty-four, or any other Act that may be passed for the like purpose, and may in any other part of Her Majesty's dominions make such allowances and order payment of such costs and expenses (if any) as are payable or allowable upon the trial of any misdemeanor under any existing Act or Ordinance or as may be payable or allowable under any Act or law for the time being in force therein :
(2.) Every offence declared by this Act to be a misdemeanor shall also be
(3.) Every offence hereby made punishable by imprisonment for any
by such conviction may appeal to the next court of general or quarter sessions:
(5.) All offences under this Act shall in any British possession be punishable in any court or by any justice of the peace or magistrate in which or by whom offences of a like character are ordinarily punishable, or in such other manner, or by such other courts, justices, or magistrates, as may from time to time be determined by any Act or Ordinance duly made in such possession in such manner as Acts and Ordinances in such possession are required to be made in order to have the force of law.
Any stipendiary magistrate shall have full power to do alone whatever Stipendiary two justices of the peace are by this Act authorised to do.
magistrate to have same
power as two justices.
For the purpose of giving jurisdiction under this Act, every offence shall Offence where be deemed to have been committed, and every cause of complaint to have deemed to arisen, either in the place in which the same actually was committed or arose, or in any place in which the offender or person complained against may be.
have been committed.
lying off the
In all cases where any district within which any court or justice of the Jurisdiction peace or other magistrate has jurisdiction, either under this Act or under over ships any other Act or at 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 navigable 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.
Service of any summons or other matter in any legal proceeding under Service to be this Act shall be good service, if made personally on the person to be good if made served, or at his last place of abode, or if made by leaving such summons personally, or for him on board any ship to which he may belong with the person being on board ship. or appearing to be in command or charge of such ship.
In all cases where any court, justice or justices of the peace, or other Sums ordered magistrate, has or have power to make an order directing payment to be to be paid made of any seaman's wages, penalties, or other sums of money, then, if leviable by distress on 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 time in sum
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.
The time for instituting summary proceedings 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, if both or either of the parties to such procecding 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 compla nt 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.
Any document required by this Act to be executed in the presence of or proved without to be attested by any witness or witnesses, may be proved by the evidence calling attest- of any person who is able to bear witness to the requisite facts, without ing witness. calling the attesting witness or witnesses or any of them.
Whenever any injury has, in any part of the world, been caused to any Power of judge property belonging to Her Majesty or to any of Her Majesty's subjects by of court of any foreign ship, if at any time thereafter such ship is found in any port or Admiralty to
river of the United Kingdom or within three miles of the coast thereof, it shall be lawful for the judge of any court of record in the United Kingdom ship that has or for the judge of the High Court of Admiralty, or in Scotland the Court occasioned of Session, or the sheriff of the county within whose jurisdiction such ship damage. 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 th reof 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.
In any case where it appears that before any application can be made Power in eerunder the foregoing section such foreign ship will have departed beyond the tain cases to detain ship limits therein mentioned, it shall be lawful for any commissioned officer on before applicafull pay in the military or naval service of Her Majesty, or any British tion made to officer of Customs, or any British consular officer, to detain such ship until judge. 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.
In any action, suit, or other proceeding in relation to such injury, the Who to be person so giving security as aforesaid shall be made defendant or defender, defendant to and shall be stated to be the owner of the ship that has occasioned such suit in 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).
In Scotland every offence which by this Act is described as a felony or Offences misdemeanor may be prosecuted by indictment or criminal letters at the punishable as 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.
In Scotland, all prosecutions, complaints, actions, or proceedings under Summary prothis Act, other than prosecutions for felonies or misdemeanors, may be ceedings.
brought in a summary 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 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.
Form of complaint.
Mode of requiring appearance of defender and witnesses.
In Scotland all prosecutions, complaints, actions, or other proceedings under this Act may be brought either in 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.
In Scotland, on any complaint or other proceeding brought in a summary form under this Act being presented to the sheriff clerk or clerk of the peace, he shall grant 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 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.
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 indorsed by the sheriff clerk or clerk of the peace of the county or burgh respectively within which such warrant comes to be executed.
In all proceedings under this Act in Scotland the sheriff or justices of attendance of the peace shall have the same power of compelling attendance of witnesses and havers as in cases falling under their ordinary jurisdiction.