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The whole procedure in cases brought in a summary form before the Proceedings to sheriff or justices of the peace in Scotland shall be conducted vivâ voce, be vivâ 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.
It shall be in the power of the sheriff or justices of the peace in Scotland Power to to adjourn the proceedings from time to time to any day or days to be adjourn, 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.
In Scotland all sentences and decrees to be pronounced by the sheriff or Sentence to be justices of the peace upon such summary complaints shall be in writing; in writing. and where there is a decree for payment of any sum or sums of money Imprisonment against a defender, such decree shall contain warrant for arrestment, to be inflicted poinding, and imprisonment in default of payment, such arrestment, in default of poinding, or imprisonment to be carried into effect by sheriffs officers or payment. 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 Fourth, intituled "An 5 & 6 W. 4. "Act for abolishing, in Scotland, imprisonment for civil debts of small c.70.
In all summary complaints and proceedings for recovery of any penalty Sentence and or sum of money in Scotland, if a defender who has been duly cited shall penalties in not appear at the time and place required by the citation, he shall be held default of 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.
In all summary complaints or other proceedings not brought for the Warrant to recovery of any penalty or sum of money in Scotland, if a defender, being apprehend in duly cited, shall fail to appear, the sheriff or justices may grant warrant to default of apprehend and bring him before the court.
In all cases where sentences or decrees of the sheriff or justices require to Backing be enforced within Scotland, but beyond the jurisdiction of the sheriff or sentences or justices by whom such sentences or decrees have been pronounced, it shall
Orders not to
be quashed for want of form; and to be final.
General rules, so far as applicable, to extend to penalties and proceedings in
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.
No order, decree, or sentence pronounced by 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 immediate execution of such order, decree, or sentence.
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 of penalties in Scotland, shall, so far as the same are applicable, 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.
Enforcing detention of ship.
ENACTMENT OF MERCHANT SHIPPING ACT, 1876
Where under the Merchant Shipping Acts, 1854 to 1876, or any of them, a ship is authorised or ordered to be detained, any commissioned officer on full pay in the naval or military service of Her Majesty, or any officer of the Board of Trade or Customs, or any British consular officer may detain the ship, and if the ship after such detention or after service on the master of any notice of or order for such detention proceeds to sea before it is released by competent authority, the master of the ship, and also the owner, and any person who sends the ship to sea, if such owner or person be party or privy to the offence, shall forfeit and pay to Her Majesty a penalty not exceeding one hundred pounds.
Where a ship so proceeding to sea takes to sea when on board thereof in the execution of his duty any officer authorised to detain the ship, or any surveyor or officer of the Board of Trade or Customs, the owner and master of the ship shall each be liable to pay all expenses of and incidental to the officer or surveyor being so taken to sea, and also a penalty not exceeding
one hundred pounds, or, if the offence is not prosecuted in a summary manner, not exceeding ten pounds for every day until the officer or surveyor returns, or until such time as would enable him after leaving the ship to return to the port from which he is taken, and such expenses may be recovered in like manner as the penalty.
An Act to grant Money for the purpose of certain Local
E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1.-(1.) For the purpose of local loans there may be issued by Grants for the National Debt Commissioners the following sums :-
(a.) For the purpose of loans by the Public Works Loans Commissioners any sum or sums not exceeding in the whole the sum of one million five hundred thousand pounds.
(b.) For the purpose of loans by the Commissioners of Public Works in Ireland any sum or sums not exceeding in the whole the sum of eight hundred thousand pounds.
(2.) The sums so issued shall be issued during a period ending on the day on which a further Act granting moneys for the purposes of those loans comes into operation and in accordance with the provisions of the National Debt and Local Loans Act, 50 & 51 Vict. 1887.
2. This Act may
be cited as the Public Works Loans Act, 1893. Short title.
An Act to amend the Burgh Police (Scotland) Act, 1892.
E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled,
and by the authority of the same, as follows:
1. This Act may be cited as the Burgh Police (Scotland) Act, Short title 1893, and shall apply to Scotland only.
It shall be read and and conconstrued along with the Burgh Police (Scotland) Act, 1892 (hereinafter called "the said Act").
2. The provisions of the second and third sub-sections of the Modifications ninth section of the said Act are hereby repealed, and the fourth of 55 & 56 sub-section thereof shall read as if the words the boundaries
of a populous place are defined," were substituted for the words
Vict. c. 55. s. 9.
Calling and intimation of meeting.
Power of meeting to adopt the Act or to decline to adopt it.
Poll to be taken by ballot.
a populous place is declared to be a burgh," and in lieu of the repealed sub-sections the following provisions shall have effect :(1.) Where upon an application to any sheriff or sheriffs the boundaries of a populous place have been defined as provided in the said Act, the sheriff or sheriffs shall thereupon, but only upon the requisition of any seven or more householders, accompanied, if the sheriff or sheriffs shall so require, with a satisfactory undertaking to pay the expenses after mentioned, convene a meeting of householders for the purpose of considering whether the provisions of the said Act shall be adopted and carried into execution, and such populous place declared to be a burgh.
The expression "householders" shall have the same meaning as in the said Act, and it shall be the duty of the county assessor or assessors under the Valuation Acts, within fourteen days of an application or applications to that effect, to furnish to the sheriff or sheriffs for the purposes of this Act, a certified copy or list of the names and designations of all householders within the area on payment of a fee of not more than one shilling for each hundred names; and such copy or list shall be sufficient proof of the qualification of the householders named therein. (2.) The meeting shall be held not less than twenty-one days nor more than thirty days after the day on which the sheriff receives the requisition in question, and such meeting and the purpose thereof shall be duly advertised in some newspaper circulating in such populous place, and by posting handbills in the form of Schedule (A.) hereunto annexed, at least three days before such meeting. The meeting shall be held in such convenient place as the sheriff or sheriffs shall assign, and one of them shall attend and preside at such meeting, and shall appoint a clerk thereat, who shall take a minute of the proceedings.
(3.) The meeting may determine whether the said Act shall be adopted and carried into execution, or shall appoint a committee of their own number, not exceeding nine, to inquire and report to a future meeting to be held on such day as shall be appointed, and such future meeting shall, upon a report of such committee, proceed in all respects in the manner herein directed for such first meeting. The sheriff shall ascertain the determination of such meeting by a show of hands, or in such other manner as shall appear to him expedient and in the case of an equality of votes, shall have a casting vote. Such determination shall be final unless a poll of householders shall be then demanded in writing by any seven persons present and qualified to vote at such meeting.
(4.) In the event of a poll being demanded, the sheriff shall direct it to proceed at such polling place or places, and on such day as he shall fix, not more than seven days from the date of such demand, between the hours of eight in the morning and eight in the afternoon. The sheriff shall act as returning officer, and shall appoint the necessary number of presiding officers
and poll clerks, and shall have poll or ballot books prepared in
(5.) As soon after the close of the poll as may be, the Declaration
(6.) Any resolution to adopt the provisions of the said Act shall Majority be effectual if it be carried by a majority of the persons adopt the Act. qualified and voting as aforesaid, and the sheriff shall thereupon find and declare, as the case may be, either that the said Act has or has not been adopted, and in the event of the said Act being adopted he shall further find and declare that such populous place is a burgh, and shall forthwith cause such finding and declaration to be recorded in the sheriff court books of the county. Such finding and declaration shall be forthwith reported to the Secretary for Scotland.
(7.) The provisions of the forty-seventh section of the said Act shall apply to all proceedings under this Act.
3. In case of the adoption of the said Act all the expenses Expenses incurred in connection therewith shall, subject to such audit as attending the sheriff shall prescribe, be defrayed out of the burgh general assessment; but in case the provisions of the said Act shall not be adopted, then the whole expenses shall be defrayed by the persons signing the application in that behalf and the party who shall have disbursed such expenses is hereby authorised to recover these in a summary way before the sheriff, whose determination shall be final.
4. Where a poll is directed to be taken under the three- Extension hundred-and-sixth section of the said Act the above enact- of Act. ments and procedure shall, so far as applicable, extend and apply to such poll.