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Lorsque le document est trop grand pour dtre reproduit en un seul cliche, il est fiim6 d partir de Tangle supdrieur gauche, de gauche d droits, et de haut en bas, en prenant le nombre d'iwiages nicessaire. Les diagrammes suivants illiistrent la mithode. 1 2 3 1 2 3 4 5 6 f ip qnp ^^ •«< Behring Sea Award Act, 1894". [57 Vict. Oh. 2.] AEUANGEMENT OF SECTIONS. *■ A.D. 18d4. Section. 1. Enactment of articles of arbitrators' award respecting the fur seal. 2. Provision as to ship's papers. 3. Orders in Council. 4. Liability of master to punishment. 5. Definitions. 6. Short title. 7. Commencement of Act. 8. Duration of Act. Schedules. 4| iV Ihi l^Hae ^i:\ A [57 Vict.] Behrhu/ Sec Aivard ^Ict, 1894. [Cii. 2.] % /S' G.C^. V.^.. CHAPTER 2. An Act to provide for carrying into effect the Award of A'^_^^y'i- the Tribunnl of Arbitration constituted under a Treaty between Her Majesty the Qu.een and tlie United States of America. [23rd April 1894.] WIIEllEAS by a treaty hctwcon IIov IMajesty the Qncrn niid the Govenimont of the Uiiitod States of America various questions which liad arisen rcspectiu<^ the taking and ])vesenatio]i of tho fuv seal in the North Pacific were referred to arbitrators as mentioned in the treaty : And wliercas the award of such arl)itrators (in this Act referred to as the Behring Sea Arbitration -Vwardl dated tho tifteeuth day of August one thousand eight lumdred and ninety-three, contained the provisions set out in tho Th'st Scliedule to this Act ; and it is expedient to provide for carrying the saine into efl'cct : Be it therefore enacted, by tlie Qucvi's most Excellent Majesty, by and with the advice and consent of the Lords Sjjiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : 1. — (1.) Tho provisions of the Behring Sea Arbitration Awrrd Kniictment set out in the First Scliedule to this Act sluill have effect as if those "'^;'^I.'^*J^^,f^ provisions (in this Act referred to as the scheduled provisions") u^M^ru re- were enacted by this Act, and the acts directed by Article^ one and t^iieciingfhe two thereof to be forbidden Avere expressly forbidden by this Act. (2.) If there is any contravention of this Act, any ];crson com- mitting, procuring, aiding, or abetting such contravention shall be guilty of a misdemeanor within the meaning of tlio Merchant i7>irence had l>ecn committed under section one hundred and three of the said Act ; Pi-ovJded that the court, without prejudice to any other power, may release the A 2 ] [Cii. 2.1 mrino Sea Award Act, \m. [57 Vict.] ^^"" , nf 1 fine not excecdiu- .,,, cuipmont, o. thin,, on payment o. ^^^•^;?U;^n ncl^^in, il.o penal pvovl.ons) s.aU appl, respect to ollicuii iu,-,» v fisliin"-. 10 ovevy vessel .•^ga.'C.l >" f'"' '"'; .,',„,„ alters any lieence or n ^ Every person «lio forges "'•^'""'"f " fj^i^, [,„„. or ut ArUelo ' .„ iu the First SehecU, e ;; ^ ^^^^tudule.tly al.erea, or who r „f. . or document to l>o li.i'peti <>' ^ ^ fmuclntently :: ■•;„, nv suel, lieenee or 'l-:»"-;:,,::°,;u,lulent,y altering t;;::ea -.es t„c --;-:::; :,ri::^nUty ol a nns.U.n,eanor '^,,,1 "vet, 18r,t, and of «-'7„ , ' ^ rsecond Sehedule to I7.^.J.;^,,^,^ ,,, „ ^i or ease shall diree the .h -, J - ^^^^^,,,,i„. t„ „ .poc.acd ecrtillente or to the indorse,uent, o i ^^ j^_^^.^^„ „uthonty o p" t hoh,^' a rort where there ^> ^^^^^^^ ;, ,„», eomvlied with, il dieate in the ™-'*7;"":',ti' Without i-rejudiee to any other ? . owner and master of the sli.v *"• "• ' ,,„„ „„e hundred rounds, t ,UHv, each he liahle to a hue not '^^^,,^,^^ eertifrcato '"' ■ Vhere ia puvsuauce ol ^ '^ ^^ ^ ^ i," indorsed, any officer l„v in irarsnance ol this Ac . ^^ ^,^^^^^_ j,„^ 3._(1.) Her Majesty the Qu«.u n C -^^ ^, J^, ,^^, and ,lte Orders Sor carrynig m o >=« -^ '» ,41, „;a hefore hotlr ^'■''T^:Z^:t:^^^ ^^ .ondonGa.otte.and Houses ol raaiamei ^^^^^^^^^ .^ ^^.^ ^^^^ shall lii ave effect 'S [67 Vict.] Behrhig Sea Award ^Ic/, 1894. [Cii. 2.] cr LSt nd nd md (2.) If llicrc is any contraveniioii of any rci^'ulation made l)y any such Oi'dcv, any person commiltini^', procurinfj, aiding, or alx'ttin^- such contravention shall ho liahlo to a penalty not exceeding one hundred p(ninds. (3.) An Order in Comu-il under tliis Act may provide, tliat sucii ofiQccrs of tlie United Slates of Anieri(!a as are specified in the Order may, in r(>speet of oll'enees under this Act, exercise the like powers under tliis Act as may l)e exercised hy a commissioned officer of Her ^Majesty in relntion 1o a British ship, and the equipment and certilicate thereof, or sncli of those poAvers as ajjpear to lL(>r IMaicslv in Council to ho excrciseahle under the Lnv of the United Slates of America against slii|)S of the United States ; an;! that sneli Ihilish officers as are speeilied in tlie Order may exercise the powers eonfi'rred by this Act, with any neeessary moditlcations specified in tli(> Order, in relation to a ship of the United States of America, and the eqnipmcnt and C( rtificatc thereof. 4. — (1.) AMiere any offence under t'.. is Act has hecn committed hy some person helong'ing to a shij), or hy means of a sliip, or the equipment of a ship, the master of the ship shall he deemed guilty of such offence, and the ship and her (Hpiipment shall he liahlc to forf<'itnre nnder this Act ; (2.) l'rovid(>d that if it is proved that the master issued proper orders for tin; oliservance, and used diu5 diligence to enfoicc the observance of this Act, and the regulations in force thereunder, and that the ofVonee in question was aetually committed by some other person witluR-.t his connivance, and that the actual olfender has been convicted, or that ho has takcMi all proper means in his power to prosecute such olfender, if alive, to conviction, the master or th(> ship sludl not he liable to any penalty or forfeiture other than such sum as wUl prevent any profit accruing by reason of the olfence to the master or crew or owner of the ship. 5. The expression " equipment " in this Act includes any boat, tackle, fishing or shooting instruments, and other things belonging to a ship. 6. This Act may be cited as the Hehring Sea Award Act, 1891. 7. — (1.) This Act shall come into operation on the first day of May one thousand eight hundred and ninety-four, provided that Her Majesty in Council, if at any time it appears expedient so to do, having regard to the circumstances which have then arisen in relation to tht? scheduled provisions or to the enforcement thereof, may suspend the operation of this Act or any part thereof during A.D. I8f.'4. Lial)ility of iiutster to puiii.--liuieiit. DcfuiitioDs. Slunt title. Coiniiu-'nce- iiicnt of Act. A 3 8 [57 VicT.l ^,., Wl>ov. «u any l«o > .^,^,^. Ur>s Aet.t .FOVC^^„, ^^ ^,^^ Jn n v.-s,K'rt "t '"'yf;- ,v,«vtm-cl.e(ovc i\o pi ^^.^ ^„„,^ =£-- „...«-"•• — 1' p,ovia.:.Ul.at ,E 15 '-J ^.„itod St''"^\"!;,;rtv in Council may u^odlaed V-;'^^^^^^y, Act. Act. [57 Vict.] Behring Sea Award Act, 1894. [Cu. 2.] SCHEDULES. A.n. I'^oi. FinST SCHEDULE. Provisions in Awakd of tlio Tribuxal of ART^iTRATioNconstitutorl under tlio Treaty concluded ai AVashington on the 20tli of Eehruary 1802, between IIer ]\Iajesty the Queen and tlie United States of America. And wlicrcns tlie aforcsu'ul (kicnviiniition of tlio foron;oing questions as to the exclusive jurisdiction of the Uniti-d Stutos mentioned in Article VI. leaves the subject in such a position that the cnncurrcnce of Great Britain is nocessury to the establishment of llcffulations for the proper jn'otection and preservation of the fur-seal in or habitually reporting to the Behring Sea, the Tribunal having decided by a majority as to each Article of the following Regulations, wo the said B:\ron de Courccl, Lord Ilanncn, Marquis Visconti Venosta, and Mr. Grc2;ers CJrani, assenting to the whole of the nine Articles of tlic following Regulations, and being a majority of the said arbiti'ators, do decide and determine in the mode provided by the Treaty that the following concurrent Regulations outside the jurisdictional limits of the respective Governments are necessary, and that they should extend over the waters herein-after mentioned j that is to say : — Article 1. The Governments of the United States and of Great Britain shall forbid their citizens and subjects respectively to kill, capture, or pursue at any time and in any manner whatever, the animals commonly called fur-seals, within a zone of GO miles around the PribilofF Islands, inclusive of the territorial waters. The miles mentioned in the preceding paragraph are geographical miles, of CO to a degree of latitude. Article 2. The two Governments shall foi-bid their citizens and subjects respectively to kill, capture, or pursue, in any manner whatever, during tlio season extending each year from the 1st May to the lUst July, both inclusive, the fur-seals on the high sea in the part of the Pacific Ocean, inclu.sive of the Behring Sea, which is situated to the north of the 35th degree of north latitude, and eastward of the 180th degree of longitude from Greenwich till it strikes the water boundary dcsiTibed in Article I. of the Treaty of 18G7 between the United States and Russia, .and following that line up to Bohrin"- Straits. Article 3. During the period of time and in the waters in wdiich the fur-seal fishing is allowed, only sailing vessels shall be permitted to carry on or take part in fur-seal fishing operations. They will, however, be at liberty to avail themselves of the use of such canoes or undecked boats, propellod by paddles, oars, or sails, as arc in common use as fishing boats. A 4 ^ 5 [CD. 2.1 A.D. l^^-». Behrhiy S<'a Award Act, 1894. [57 Vict.] u ^H- ■^•J ,. , I' I. hu-si'"^^ must be , . r 1. «>urm.' vcssi-1 iu.tl.on^ca to hnU " (, rnment, and sluvU 1.C vcqvurea to c.u.y .Unlun.' .WvU ontor These entncB .1 all c ^^^^^^^ .^^^^^^ ._^ ^^^^ other at tho end ..I C'^«' Jre-nvm., and explosives shall l.e J , j.,^,;,,,. Article G. The U.0 ^^-^^^^,,^ .,ply to shot f'-^^;^;;!,, fully f,K-«c.al fishing ^ ^^^^^ aurin, the seasou .hen .t u,ay takes place outside of lJchnn„ ^^^^ ^^^^ ^_^^^^^^ ^^ '^'"'f- T" The two Government, .hall ^^^^ Zn shall have been Article '• ^'1^ ;? ;,.,„„e in lur-soal lishuig. rhe.c . ^^^^.^^^ ^^,^^ themcnaulhon.od *^^"-"- .. -.^^^ ,i,m the wcur«"« ^'> '""" proved tc« or oAenM.e ,■„,,, ™w to O.o ''™'f,Tc, The concurrent regulutloB, I'-^X^*™:;:*;: forie »ntU they Article y. J-ne i-iJ' , fur-seals, shall reuidu ncrvpement protectio »na Feserv»t;on ot the^u ^^^^.^^^ ty common agreem Ce Uen. in .We or rn j -. •* f;^,„„, „„a of Oroat Bntnm ^^ ot^on so as to enable both interested Uove ^^j^^^^.^n thereof, eixamination, so as occasion tor an) in the light of past experience, there 6 [57 Vict.] Behring Sea Ait-m't/ J<-l, lso4. [Cii. 2.] SI^CONI) SCllKbULE. A.D. 1891. e \V ev of as the icnt new thcr, ENACTMENTS OF MERCTIANT SHIPPING ACT (17 & 18 Vict. c. 101.) APPLIED. Section 1()3. • « * * * Ami in ordei *hat tlio above provii*ion.s jis to forfeitures may be carried into effect, it slinll be lawful for any coninii^Kioned officer on full pay in tlio military or naval service of Ilcr Majesty, or juiy Hritisii oflicer of (^lusroins, or any British Conaular officer, to toizo find detain any bhip whicli has, citlier wholly or as to any share therein, become subject to forfeiture as aforesaid, and to bring her for adjndication belbrc llio High Court of Admiralty in England or Ireland, or any court h>'ving .idmiralty jurisdiction in Her Majesty's dominions; and such court may thereupon make such order in the case as it may think fit, and may award to tlie officer bringing in the same for adjudication such portion of the proceeds of ihc s!»lc of any forfeited sliip or shai'e as it may think right. Section' 104. No such officer as aforesaid shall be responsible, cither civilly or criminally, to any person whomsoever, in re^ipect of the seizure or detention of any sliip that has been seized or detained hy him in pursuance of the provisions herein containeil, notwithstanding that such shi[> 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 promises as it thinks just. OHicer not liutilc for any seiziiro uiado on rea-oiiable groiiiuls. PART X.— LEGAL PROCEDURE. Application, Section 517. Application. The Tenth Part of this Act shall in all cases where no particular country Appii^on is mentioned- apply to the whole of Her Mojesty's dominion?. »^ i'»rt X. of ^ the Act. mrino Se" A---^ """' '"''• [57 VioT.l A.V. isQ"^- Legal Procedure (^Gcrxcrctl). Vunishnicnt of offences, anil recovery o£ i.ennUies. 7 Goo. *.c G4 rcH. 2.3 ^ J. Legal Procedure {General). Section 51B. ^ Ccotlanl, t^« °^^"'^' (,.) Every ofience by . e»t ^v.tU » » ^^gl""* '"»'"' .f ' UlmWc by «"» " '7,,,, offence U h,eA may in b ^ „, f ?he court Wore ** ;" „„„,ent ot Ae f »';'°;';;Ul \„ O.o »»«"* tme allowances »f °to?:»""-''"* 1" r°a^ S'- *')-fc«. « year of Hi» ^'''f ^ay be P»^'* '"' *' f.u"^ ounces an.l orJer 2er ,«t of Her Mj^ »^^ , (.f anyl - °^ , ^Aa or Ordnance i:^^rLstfC^^x::Se"::r:^;----'^-": :i:--^?t:e.by.--»-^t^":.£i-- ""^•f"™^:;: c^t^Sgonc banar= VO ^-..^.^^ ^,„,,„,a as a \,Y a penuUy not e^ maimer, msteau ;Lorai.gly in a suuu.a.y ,,,,-.:ona.eut £or any nn.dcmeanov : ^^^^, ^'""'''.JL.i l^-d labour, or by any (3.) Every oftence beieby „,outb^ w'tU or ^^ itbout ^^^^ ^^^ ^^^^^^ ^' erlod not -c-^-^ ^ ,,,ared V^^'^^^^X^, a. to England penaUy not excecdm ,„y two or more ^,^,,utb years of be prosecuted suunnai ly » ^^ ^^,^ elevtntU ^,a as to : ibe .-nner directed b tbe ^^^^ ^^J^^ .ul niteentU tbe veign o£ Hcv ^^J,.^,,,,a by the Act of be /^> . ,.,,ety-three, Ireland in tbe xnann- ^ ^^^^, «"^"\T;;:n Act or Acts tbat may vears of tbe reign ot » „,j,y be directed b> any ^ ^^^ |be said o Tn sucb otber --""^^,;:;: \nd all prov.ions contame ^^^^^^^ ^^ .^ be P--^ r '^Urb- -^^ ^-^-^r^l^^ -re bcreby ^^^^ t^' ^:'S ct of -b-^^ ^^r. r;! ire justices bave power the offences m lespe ^ , .ybirb tvNO or te.tobcoffen«y -^;,,„,„„„,.ryord- ^^,,_^,.„ „, (4.) In all eases of s ^_^,^. ^,„„„,,, o. ll'e jj „g„,.,cvoa Tl^rr; :<^rl:n.on* any;.rson;;-^^^;;. ^^ ^„„,,„ „. „ar.r : 'S co"'->°" -^ "'"^'' ,,„„ ,„.c.lon be „„n* sessions : , . „ •„ Act sball to any l^nte 1 ,„ ;„ „l„cl. ^,^\^\ oflcnces nmlcr ' - ^ ,^,,„„ of A" f""; °,r "yP"-*"*- °"'' * iblein anycoort « ' ^ "^ -aractor arc «^ ■ '^ J ,„^Utra,es as "^'•^'."'"';rn°e of by-^ "*« Tb; a. '^"' "■ '■''■'l'"^"'^ ""^ ,ucl. otber manne. , ,,,„,,nnmea b) any ■ iixic to UUi«- may from 8 ,1 I [57 Vict.] Behring Sea Aioard Act, 1894. [Cn. 2.] made in such possession in such manner as Acts and Ord i nr.nces in such A.D. 1S94. possession are required to bo made in order to have the force of law. iof 5 10 ;nth ■ihvee, niay said lev as if hereby power c^uarter ,e pimish- ia w\iich xble, or in itrates, a3 ance duly Section 519. Any stipendiary magistrate shall havo full power to do alone whatever two justices of the peivce are by this Act authorised to do. Section 520. For the purpose of giving jurisdiction under this Act, every offence shall be deenjed to have been committed, and every cause of complaint to have 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 againtjt may be. Section 521. In all cases where any district within which nny court or justice of the peace or other magistrate has jurisdiction, either under this Act or under any other Act or at common law, for any purpose whatever, is situate on the coast of any sen, 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 tiiereto, in the same manner as if such ship, boat, or persons were within the limits of the original juris liction of such court, justice, or magistrate. Section 522. Service of any summons or other matter in any legal proceeding under this Act shall be good service, if made personally on the person to be served, or at his last place of abode, or if made by leaving sucli sunnnons for him on board any ship to which hn may belong with the person being or appearing to be in command or charge of such ship. Stipendiary m.'iyisinito to have siime power as two justices. Offence where deemed to have been coiuiuitted. .Iiiri.-iiliotioii over ships Ij'iiif]; off tha coasts. Service to be pood if made personally, or on board ship. Section 523. In all cases where any court, justice or justices of the peace, or other magis- Sums ordered trate, has or have power to make nu order directing payment to be made of leviabie'by any seaman's wages, pcnaltie.^i, or other sums of money, then, if the party so distress ou 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 ho may have for tlie purpose of compelling payment, direct the amount remaining unpaid to be levied by distress or poinding and sale of the eaid ship, her tackle, furniture, and apparel. Section 524. Any court justice, or m.aglstrate imposing any penalty under this Act. for Application which no specific application is herein provided, may, if it or he tiiinks fit, °^ ?*>"""'*'• 9 A.D. 1894. jSchrino Sea Award Act, 1894. [57 Vict.] ^^^' ^'^ V A ;n compenBating any person Kingdom ^^f'^7^',.,,.y„,j^y direct, and shall bt can ^f,e, recovered r.-2r) SEcrio> 0-0. ^^^^^^ ^^ . . .„„,„,^rv proceedings under tin. . , TUe tune for in.titutu>g ^ununary I Limitation of i-ue ,, (t\,at Is to ?ay,) ,..„,!„,■ fKis Act m any timein»«ni- J mited as toUo\N t> » v." „»ary proceed- ,,nviction for ««>' «»<= ing*. TUe time tor uisu.cw..^ ,W a, Wlo..-, (Aat •. to .ajM ^^^^,,^ „„„ ^Kls Act » -y be at one .nne «itlnn Ac s»me -. ^___^^^, ^, .„ 4,^ • , „„y tt ha,,pon ,0 av,.ive o,- .0 bo »t ^^ ^^^^^^^ ^^^,^^ ^ «^ No orfcrta- 0.e l'»3""f"'.f "r i"lhe UdUcI Kingdom, »nlc« uch ^'iy "ummary P-ce^.'S -^;-^;' *! „,tcv the cause of con.p a.a months aflci- tV.ey Wl. ta't u. U the same ■ , „„ ,h„ll bo maue uniler thw Act i" ,/■, No order for the P^'J^^V'^T""/ * U* P"-'-™' ""'"' T , ^'If summary P'oceea™g Inst.tn^d r a" ^^^^^ ^^^^ „„„ ,f eon^W pieeeamg is commenced ^^"Zie. to the proceeding happe" ^ • »u • or if both or eiiher ol tne p. u. capable ot deiimo :rC^t to be .i^.in ^V^e 3ur>J^ ;^ ^^ .. --^f ^ ^^^^^ '^th the case, unless the san.e . ^^^^\ ^-^^ •,„ ,,.eb jur.sd.ct.on. ; th first happen to arr.vc or be U one ^^^. ^^^^^ ^^. ^ ^a no provision co.a.c..e^o^^^^ ^, , i.^.tuted for limiting the tm.e ^-^lunj ^^.^ ^^^^ shall affect any -ummary proceea n„ 10 [57 ViCT.'J BchriiKj Sea Award Acl, 1801. [Cji. 2.] Section 526. A.D. 1894. Any document reciuircd l)y this Act to bo executed in the presence of or to Docnment be attested by any witness or witnesses, may be proved by tl'.c evidetice of P^y"** without tiny person who is able to bear witness to the requisite fuc'p, vvit'iout calling ingwitncs*, the attesting witness or witnesses or any of them. Seci lOX 527. Whenever any injury has, in any part of \\\i world, been caused to any Power of judge property belonging to Her Majesty or to any of Her ^fajesty's subjects by ofcoiutof any foreign ship, if at any time thereafter such ship is found in any port or Admiralty to river of the United Kingdom or witliin throe miles of the coast thereof, it l,-"ip''{i,at ha" shall be lawful for tlie judge of any court of record in the United Kingdom, occasioned or for the judge of the High Court of Admiralty, or in Scotland the Court ' '"' of Session, or the shoiiff of the county within whose jurisdiction such ship may be, upon its being shown to him by any person applying tiunimarily 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 oilicer of Customs or other officer named by such judge, reouiring him to detain such ship until such time as the owner, master, or consignee thereof 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, nnd to pay all costs and damages that maybe awarded thereon ; and any officer of Cusioms or other officer to whom such order is directed shall detain such ship accordingly. Section 528. In any case where it appears that bi'fore any appllcition can bo made under i>,nver in ccr- the forecoinij section such foreign ship will liavc departed bey.jnd the limits tain cases to . . n 1 I J detain shii) therein mentioned, it shall be lawful for any commissioned officer on full pay before appii- in the military or naval service of Her Majesty, or any British officer of p"*'^"' Customs, or any British consular officer, to detain si ch ship until such time as will allow such application to be made and the result thereof to be coni- mimicated to him ; and no such officer shall be liable for any c< st- or damages in respect of such detention unless the same is provi.'d to have been made cation made to without reasonable grounds. Section 529. In any action, suit, or other proceeding in relation to such injury-, the ^Vho tn bo person so giving security as aforesaid shall be made deiendant or defender fuf^n'sucu' and shall be stated to be the owner of the ship that has occasioned 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. 11 [Cn. 2.] Behring Sea Award Act, 1894. [57 Vict.] A.D. 1894. Legal Procedure (Scptland). OlTePccs punishable as misdemeanors. summary prc- ceediugs. Form of com- plaint. Motle of requiring pcar;iiK:o defeniltT i ■witnesses. ap- lU'l Lcf/al Procedure (Scotland). Section 530. In Scotland every offence vvliich by this Act is described as a felony or niisdeineanor may be liroriccuted by indictment or criminal letters at the inst.ince 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 Avith fine and with imprisonment, with or without hard labour in default of payment, or with imprisonment, with or Avithout 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. Sectiox 531. In Scotland, all prosecutions, complaints, actions, or proceedings under this Act, other than prosecutions for felonies or misdemeanors, may be brought in a summary firm before the sheriff of the county, or before any two justices of the peace of the county or burgh where the cause of such pro- secution or action arise?, or where the offender or defender may be for the time, and when o£ a criminal nature or for penalties, at the instance of the procurator fiscal of court, or at the instance of any party aggrieved, with con- currence 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 sxction. Sectiox 532. In Scotland all prosecutions, complaints, actions, or other proceedings under ihis Act may be brought eitiier iii a written or printed form, or pnrtly written and partly printed, and where such proceedings are brought in a siL-nraary 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 fort!) shortly the cause of complaint or action, and the remedy souglit ; 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. Section 533. In Scotluul, on any complaint or other proceeding brought in a summary form under this Act being presented to tiie sheriff clerk or clerk of the peace, he shall grant v.arrant to cite ihc defender to appear personally before the said elicriff or justices of tlie pcacs on a day fixed, and at llic same time shall appoint a copy of the same to be delivered to him by a sherifE officer or con- stable, 'Vi 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 pnd plao'.' to give evidence and produce such writs as may be specified in their citation : and where such warrant has been prayed for in tiie complaint 12 [67 ViOT.] Behring Seu Award Act, 1894. [Cu. 2.] or other proceeding, the deliverance of the sheriff clerk or clerk of the peace A. I). 1894. shall also contain warrant to arrest upon the dependence in common form : Provided always, that whore 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 tiiis Act directs, and no citation or inclucico shall in such case be necessary. Section 534. When it becomes necessary to execute such arrestment on the dependence Backing nrrest- 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 Avarrant 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. Section 535. In all proceedings imder this Act in Scotland the sheriff' or justices of the Compelling peace shall have the same power of compelling attendance of witnesses and """^^ havei"S as in cases falling under their ordinary jurisdiction. attendance of nes?-es. Section 53G. The whole procedure in cases brought in a summary form before the sheriff Procoeilings to or justices of the peace in Scotland shall be conducted viva voce, without written *^ ^'^'^ ™'^*^' pleadings, and Avithout 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. Section 537. 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 fixed "^^J""'^"- by them, in the event of absence of witnesses or of any other cause which shall appear to them to render such adjournment necessary. Section 538. 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 ; and '° writing. where there is a decree for payment of any sum or sums of money against a impilsonment defender, such decree shall contain Avarrant for arrestment, noindinjr, and *° ^^ iuAicted . • 1 <• u c .. 1 X i. -I- . . in default of uupnsonmcnt ui dctault or payment, such arrestment, pomdmg, or imprison- paymeat, ment to be carried into effect by slieriffs officers or 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 notiiing herein contained shall be taken or construed to repeal or affect an Aci of the fifth and sixth years of William the Fourth, intituled " An Act fur abolishing, in Scotland, imprison- 6 & 6 W. 4. •'■ ment for civil debts of small amount." 13 c 70. [Cn. 2.J Bshring Sea Award Act, 1894. [57 Vict.] A.D. 1894. Sentence and penalties in (k'fault of ronounced, it shall be competent to carry the same into execution upon the same being indorsed by the sheriff clerk or clerk of the i)eace of the county or burgh within which such execution is to take place. Sectiox 542. Orders not to No Order, decree, or sentence pronounced by any sheriff or justice ot the ^ant'of fom"'^ peace in Scotland under the authority of this Act shall be quashed or vacated and to be final, 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 reduct in 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. Section 543. General rules, Such of the general provisions with respect to jurisdiction, procedure and ^abie'^t^oexteBa penalties contained in this Act as are not inconsistent with the special rules 14 [57VIOT.] Behring Sea Aioard Act, 1894. [Ch. 2.] herein-before laid down for tlio conduct of legal proceedings uud the recovery A.lJ. 1894. of penalties in Scotland, shall, so fir as the same arc applicable, extend to such j^ penalties Insl-Jneiitioncd proceedings and penalties: Provided always, that nothing in and proceed this Act contained shall be held in any way to annul or restrict the common lami." 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 nnd tackle, or to give to tiie High Court of Admiralty of England any jurisdiction in respect of ealvage in Scotland which it has not heretofore had or exercised. 1 ► ENACTMENT OE MERCHANT SHIPPING ACT, 1876 (39 & 40 Vict. c. 80.), APPLIED. Section 34. Where under the Merchant Shipping Acts, 1854 to 18VG, or any of them, Knforciug a ship is authorised or ordered to be detained, any commissioned officer on full gi,ip 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 gea 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 nnd 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. Printed by Eyke and SroTTiswooDE, T. nionv PiGOTT, Esq., C.B., the Quoen's Printer of Acts of Parlianaent. And to be purchased, either directly or throuKli any Bookseller, from EYEE AND SPOTTISWOODE, East Hakdiso Street, Fleet Street, E.G. JOHN MENZIES & Co., 12, Hanoveu Street, Edinjickgh, uiid 00, West Nile Street, Glasgow; or HODGES, FIGGIS, & Co., Lijiiteb, 1M, Grafton Sibeet, UuiiLiir. B