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acquisition of such lands. Be it therefore enacted as CAP. XVII.
follows: An Act to amend the Tramways (Ireland) Acts, 1860, (1.) The Postmaster-General, with the consent of the 1861, and 1871.
[27th June 1881.
Treasury, may porobase lands for the purpose of the
Post Office, and shall take and hold snoh land on behalf CAP. XVIII.
of Her Majesty for the service of the Post Offioe ; and for
the purposes of this Act the expression "land" sball An Act to amend the law with respect to the pay | include any right or easement in, over, or in respect of ment of Clerks of Petty Sessions in Ireland.
land. [27th June 1881. (2.) With respect to any such purchase of land the
following provisions shall have effect; (ihat is to say,) CAP. XIX.
(a.) The Lands Clauses Consolidation Act, 1845, and the
Acts amending the same shall be incorporated with An Act for further regulating the Transmission of News.
this Act, except the provisions relating to access to paper3.
[18th July 1881.
the special Act, and in construing those Acts for Be it enacted, &c. :
the purposes of this section “the special Act” 1. For purposes of Act Channel Islands and Isle of Man
sball be construed to mean this Act, and “the propart of United Kingdom.] For the purposes of this Act the
moters of the undertaking” shall be construed to Channel Islands and the Isle of Man shall be deemed parts
mean the Postmaster-General, and "land" shall be of the United Kingdom.
construed to have the same meaning as is given to
it by this Act. 2. Repeal of part of sect. 6 of 33 & 34 Vict. c. 79.] From (6.) The bond required by section eighty-five of the Lands and after the thirtieth day of September one thousand eight
Clauses Cousolidation Act, 1845, shall be under the hundred and eighty-one, so much of section six of the Post seal of the Postmaster-General, and shall be suffiOfice Act, 1870, as requires that a publication, in order to
cient without sureties. be a newspaper for the purposes of that Act, shall be
The provisions of the said incorporated Acts with printed on a sheet or sheets unstitched, shall be repealed,
respect to the purchase of land compulsorily sball but such repeal shall not extend to a supplement to a news
not be put in force until the sanction of Parliament paper,
has been obtained in manner in this Act mentioned. e CAP. XX.
(d.) Three months at the least before an application is madf
to Parliament for sanction to the compulsory purchase o An Act to amend the Law with respect to the Acquisition land under this Act, the Postmaster-General with the
of Land and the Execution of Instruments for the consent of the Treasury sball serve, in mander propurposes of the Post Office.
[18th July 1881. vided by the said incorporated Acts, u notice on every
owner or reputed owner, lessee or reputed lessee, and ARRANGEMENT OF SECTIONS.
occupier of any land intended to be so purchased, de.
scribing the land intended to be taken and in general Preliminary.
terms the purposes to which it is to be applied, and Section. 1. Short titles.
stating the intention of the Treasury to obtain 2. Commencement of Act.
the sanction of Parliament to the purchase thereof
and inquiring whether the person so served Acquisition of Land.
assents or dissents to the taking of his land, and 3. Power of Postmaster-General for purchase of land.
requesting him to forward to the Treasury any 4. Power to sell, exchange, or lease land purchased.
objections be may have to his land being taken.
The Treasury shall, at some time after the service Execution of Instruments,
of such notice, make a local inquiry by a competent 5. Exemption of Postmaster-General from stamp duty.
officer into the objections made by any persons whose 6. Power of deputy of Postmaster-General to give notice,
land is required to be takev, and by other persons, or make claim, distress, &c.
if any, interested in the subject matter of such 7. Execution of instrument under seal of Postmaster
The Treasury, if antiefied after such inquiry has
been made that the land ought to be taken, may Supplemental,
submit a Bill to Parliament containing provisions 8. Definitions.
authorising the Postmaster-General to take such Application to Scotland and Ireland.
laod, and such Bill shall in all respects be deemed 9. Application to Scotland.
to be a Public Bill, and, if passed into an Act, to 10. Application to Ireland.
have convayed the sanotion of Parliament to the SCHEDULE.
purchase compulsorily of the land therein mentioned
or referred to, and the period for such compulsory Be it enacted, &c. :
purchase shall be three years after the passing of such Preliminary.
Act. Provided that if while such Bill is pending in
either House of Parliament a petition is presented 1. Short titles-1 Vict. c. 33, &c.-1 Vict. c. 36.] This Act
against anything comprised therein, the Bill may be may be cited as the Post Office (Land) Act, 1881.
referred to a Select Committee, and the petitioner The Acts set forth in the Schedule to this Act are in this
shall be allowed to appear and oppose as in the case Act referred to and may be cited by the sbort title in the
of Private Bills. third column of that schedule mentioned, and the said Acts, together with this Act, may be cited together as the Post
(3.) The Chancellor and Council for the time being of the
Duchy of Lancaster may, if they think fit, from time contract Office (Management) Acts, 1837 to 1881.
and agree with the Postmaster-General for the sale of, and This Act shall be deemed to be a Post Office Act within
may absolutely make sale and dispose of, for such sum or the meaning of the Post Office (Offences) Act, 1837.
sums of money as to the said Chancellor and Council appear 2. Commencement of Act.] This Act shall come into sufficient consideration for the same, any land belonging to operation on the first day of September one thousand Her Majesty, her heirs, or successors, in right of the said eight hundred and eighty-one (which day is in this Act Duchy, wbicb, for the purpose of the Post Office, the Postreferred to as the commencement of this Act).
master-General may from time to time deem it expedient to
purchase with the consent of the Treasury, and such land Acquisition of Land.
may be granted and assured to the Postmaster-General, and 3. Power of Postmaster-General for purchase of land-3 &
the said moneys shall be paid and dealt with as if the said 4 Vict. c. 96, s. 67.j Whereas by the Post Office Daties Act,
land had been sold under the authority of the Duchy of 1840, the Postmaster-General is constituted & body
Lancaster Lands Act, 1855. corporate for the purpose of holding and taking con. | 4. Power to sell, exchange, or lease land purchased26 & veyances and leases of lands for the service of the Post | 27 Vict. c. 43.] All the provisions of the Post Office Lands Office, and it is expedient to give further powers for the Act, 1863, with respect to the sale, exchange, leasing, or
surrender of any lands vested in the Postmaster-General 80 sealed and signed without proof of the official character
8. Definitions-1 Vict. c. 36.] In this Act, unless the 5. Exemption of Postmaster-General from stamp duty-32 &
context otherwise requires, — 33 Vict. c. 73-31 & 32 Vict. c. 110.) Every deed, instry. The expression “the Treasury" means the Commissioners ment, receipt, or document made or executed for the purpose of Her Majesty's Treasury. of the Post Office, by, to, or with Her Majesty or any The expression “the purpose of the Post Office" means officer of the Post Office, shall be exempt from any stamp any purpose of any of the Post Office Acts or of any duty imposed by any Act, past or future, except where such Acts for the time being in force relating to Post Office duty is declared by the deed, instrument, receipt, or docu money orders, Post Office telegraphs, or Post Office ment, or by some memorandum endorsed thereon, to be pay. savings banks, and includes any purpose relating to or ia able by some person other than the Postmaster-General, and connection with the execution of the duties for the time except so far as any futare Act specifically charges the same. being undertaken by the Postmaster-General or any of
Secrion twenty-two of the Telegraph Act, 1869, except so his officers. far as it amends section five of the Telegraph Act, 1868, is Other expressions shall have the same meaning as in the hereby repealed, without prejudice nevertheless to anything Post Office (Offences) Act, 1837. already done in pursuance of the said section.
Application to Scotland and Ireland. 6. Power of deputy of Postmaster-General to give notice, or make claim, distress, &c.] Any person having authority in
9. Application to Scotland–8 & 9 Vict. c. 19.) In the that behalf, either general or special, under the seal of the application of this Act to Scotland the expression * Lands Postmaster-General, may, on bebalf of the Postmaster Clauses Consolidation Act, 1845," shall mean the Lands General, give any notice and make any claim, demand,
Clauses Consolidation (Scotland) Act, 1845, and the referecce entry, or distress which the Postmaster-General in his
to the bond required by sectioa eigbty-five of the Lands corporate capacity or otherwise might give or make, and
Clauses Consolidation Act, 1845, shall be deemed to refer 10 every such notice, claim, demand, entry, and distress shall
the bond required by section eighty-four of the Lands Clauses be deemed to have been given and made by the Postmaster
Consolidation (Scotland) Act, 1845. General on behalf of Her Majesty.
10. Application to Ireland–8 & 9 Vict, c. 18-23 & 24 7. Execution of instrument under seal of Postmaster-, Vict. c. 106-14 & 15 Vict. c. 70-23 & 24 Vict, e. 97-27 General.] An instrument under the seal of the Postmaster & 28 Vict. c. 71-31 & 32 Vict. c. 70.] In the application of General may be signed by any of the secretaries to the Post this Act to Ireland the expression * Lands Clauses Cone Office, and shall be as valid as if the same were signed by solida tion Act, 1845, and the Acts amending the same.** the Postmaster-General.
shall mean the Lands Clauses Consolidation Act, 1845, is Any instrument purporting to be under the seal of the amended by the Lands Clauses Consolidation Acts Amend. Postmaster-General, and to be signed by the Postmaster ment Act, 1860, the Railways Act (Ireland), 1851, the General or one of the secretaries to the Post Office, shall, Railways Act (Ireland), 1860, the Railways Act (Irelaad). until the contrary is proved, be deemed to have been! 1864, and the Railway Traverse Act.
Session and Chapter.
The Post Office Management) Act, 1837.
7 Will, 4.& 1 Vict. c. 33 An Act for the management of the Post Office.
offences against the Post Office of the
expressions employed in those laws.
establish inland posts.
General to sell and otherwise dispose of
The Colonial Inland Post Office Act, 1849.
Be it enacted, &c. :
1. Short title.] This Act may be cited as the Summary An Act for the Amendment of the Law regarding Jurisdiction (Process) Act, 1881. Property of Married Women in Scotland.
This Act sball be deemed to be included in the expres. [18th July 1881. / siods "Summary Jurisdiction Acts” and “Summary Juris
diction (English) Acts." CAP. XXII.
2. Extent of Act.] This Act shall not apply to Ireland. An Act to amend the Bankruptcy Acts and Cessio Acts with respect to the discharge of Bankrupt Debtors
3. Commencement of Act.] This Act shall come into opera. in Scotland, and in certain other respects.
tion on the first day of October one thousand eight hundred ard [18th July 1881. eighty-one (which day is in this Act referred to as the come
mencement of this Act). CAP. XXIII.
4. Service of process of English court in Scotland ? An Act to amend the Law relating to the Official Staff
Scotch court in England.] Sabject to the provisions of th> of the Court of Bankruptcy in Ireland.
Act, any process issued under the Summary Jurisdiction Act
may, if issued by a court of summary jarisdiction in England [18th July 1881.
and endorsed by a court of summary jarisdiction in Scotland, CAP. XXIV.
or issued by a court of summary jurisdiction in Scotland,
and endorsed by a court of summary jurisdiction in Eaglaad. An Act to amend the Law respecting the Service of be served and executed within the jurisdiction of the en
Process of Courts of Summary Jurisdiction in England dorsing court in like manner as it may be served ani and Scotland.
[18th July 1881. executed within the jurisdiction of the issuing court, and
[ Sept. 10, 1881. ]
that by an officer either of the issuing or of the endo ing 7. Saving.] This Act shall be in addition to and not in court.
derogation of any power existing under any other Act reFor the purposes of this Act
lating to the execution of any warrant or other process in (1.) Any process may be issued and endorsed under the England and Scotland respectively.
hand of any such person as is declared by this Act to
8. Definitions-42 & 43 Vict. c. 49-27 & 28 Vict. c. 53.] dorsed npon proof alone of the bandwriting of the
In this Act, unless the context otherwise requires, person issuing it, and such proof may be either on
The expression “ process” includes any summons or waroath or by such solemn declaration as is mentioned
rant of citation to appear either to answer any information in section forty-one of the Summary Jurisdiction Act,
or complaint, or as a witness; also any warrant of commit1879, or by any like declaration taken in Scotland
ment, any warrant of imprisonment, any warrant of distress, before a sheriff, justice of the peace, or other magis
any warrant of poinding and sale, also any order or minute trate having the authority of a justice of the peace.
of a court of summary jurisdiction or copy of such order or Such indorsement may be in the form contained in
minute, also an extract decree, and any other document or the schedule to this Act annexed, or in a form to the
process, other than a warrant of arrestment, required for any like effect :
purpose connected with a court of summary jurisdiction to (2.) Where any process requiring the appearance of a
be served or executed. porson to answer any information or complaint has
The expression “Summary Jurisdiction Acts” as regards been served in pursuance of this section, the court,
England bas the same meaning as in the Summary Jurisdicbefore issuing a warrant for the apprehension of such
tion Act, 1879, and as regards Scotland, means the Summary person for failure so to appear, shall be satisfied on
Proct dure Act, 1864, and any Act, past or future, amending oath that there is sufficient primâ facie evidence in
The expression " sheriff" shall include sheriff sabstitute. support of such information or complaint: (3.) If the process is to procure the attendance of a
The expression “ court of summary jurisdiction” means witness, the court issuing the process shall be salis.
any justice of the peace, also any officer or other magistrate fied on oath of the probability that the evidence of
having the authority in England or Scotland of a justice of such witness will be material, and that the witness
the peace, also in Scotland the sheriff. will not appear voluntarily without such process, and
The expression “ officer of a court of summary jurisdicthe witness shall not be subject to any liability for
tion” means the constable, officer, or person to whom any not obeyivg the process, unless a reasonable amount
process issued by the court is directed, or who is by law re
quired or authorised to serve or execute any process issued for his expenses has been paid or tendered to him: (4.) This Act shall not apply to any process requiring
by the court. the appearance of a person to answer a complaint it
INDORSEMENT IN BACKING A PROCESS.
WHEREAS proof hath this day been made before me, one
of Her Majesty's justices of the peace (sheriff or other magiswbich falls within the definition of “civil jurisdic
trate) for the [county or borgb] of
, that the tion" contained in the Summary Procedure Act,
name of A.B. to the within warrant (or summons or order or 1864.
minute, or copy of order or minute or other document] sub
scribed is of the bandwriting of tbe justice of the peace (sheriff 5. Provision as to execution of process.] Where a person or other magistrate] within mentioned, I do therefore hereby is apprehended under any process executed in pursuance authorise Č.D. who bringeth to me this warrant (or sumof this Aet, such person shall be forth with taken to some mons or order or minute, or copy of order or minute or other place within the jurisdiction of the court issuing the pro. | document, ] and all other persons by whom the same may be cess, and be there dealt with as if he had been there appre- | lawfully served (or execated], and also all constables and hended.
other peace officers of the said [county or burgh] of A warrant of distress issued in England when endorsed in to serve and execute the same within the last-mentioned pursuance of this Act shall be executed in Scotland as if it [county or burgb). were a Scotch warrant of poinding and sale, and a Sectch Given under ing hand this day of 18 . warrant of poinding and sale when endorsed in 'pursuance of this Act shall be executed in England as if it were an English
CAP. XXV. warrant of distress, and the enactments relating to the said warrants respectively sball apply accordingly, except that any
• An Act to extend for a period not exceeding Three account of the costs and charges in connection with the exe
Years the term fixed for the Repayment of Loans cation, or of the money levied thereby or otherwise relating
granted by the Governors of the Bounty of Queen to the execution, shall be made, and any money raised by the
Anne for the Augmentation of the Maintenance of the execution shall be dealt with in like me nder as if the warrant Poor Clergy to Incumbents of Benefices. had been executed within the jurisdiction of the court issuing
[11th August 1881. the warrant.
Be it enacted, &c. : 6. Provision as to bastardy proceedings in England and
1. Power to Governors of Queen Anne's Bounty to extend Scotland.] A court of summary jurisdiction in England and
| period for repayment of loans, &c.] The Governors of the a sheriff court in Scotland shall respectively hàve jurisdic.
Bounty of Queen Anne for the Augmentation of the tion by order or decree to adjudge a person within the
Maintenance of the Poor Clergy (herein-after called the jurisdiction of the court to pay for the maintenance and
“ Governors ") may by resolution passed by them at a board education of a bastard child of which he is the potative
meeting, from time to time extend for a period not exceeding father, and for the expenses incidental to the birth of such
three years the term fixed for the repayment of any money child, and for the funeral expenses of each child, notwith
lent by them to or for the incumbent of any benefice under standing tbat such person ordinarily resides, or the child has
the powers of one or more of the Acts enumerated in been born, or the mother of it ordinarily resides, where tho
the Schedule hereto, such extension of terms to be court is English, in Scotland, or where the court is Scotch, in
accompanied, at the discretion of the Governors, by the England, in like manner as the court Las jurisdiction in any
suspension for one, two, or three years of the payment of the other case.
annual instalment of principal due or to become due from Any process issued in England or Scotland to enforce
the incumbent; such suspended annual instalments to be obedience to such order or decree may be endorsed and
subsequently payable by the incumbent for the time being executed in Scotland and England respectively in manner
in respect of the year or years which by the aforesaid exprovided by this Act with respect to process of a court of
tension shall have been added to the term created by the summary jurisdiction.
mortgage affected thereby, and begin to accrue due as soon as Any bastardy order of a court of summary jurisdiction in
the residue of the principal money shall have become repayEngland may be registered in the books of a sheriff court in
able. Scotland, and thereupon a warrant of arrestment may be 2. Limitation of duration of discretionary powers.] The issued in like manner as if such order were a decree of the discretionary powers given by this Act shall not be exercisesaid sheriff court.
| able beyond three years from the passing hereof, aud the 'Journal
application of the provisions of this Act shall not in any way invalidate the instruments of security under which loans
CAP. XXXIII. have been or may be granted by the Governors ; the said | An Act to amend the Summary Procedure Act, 1864. provisions shall extend and apply to such instruments as if
[11th August 1881. originally fully and expressly inserted therein, provided always, that the foregoing provisions ehall not authorise the
Whereas, by an Act passed in the ninth year of King Governors to relinquish any portion of the current interest
George tbe Fourth, chapter t enty-nine, intituled an Aot due or to become due on such securities.
to authorise additional Circuit Courts of Justiciary to be
beld and to facilitate criminal trials in Scotland, provision 3. Short title.) This Act may be cited as the Incumbents
was made for the summary prosecution of offences before of Benefices Loads Extension Act, 1881.
sheriffs of counties in certain cases : SCHEDULE.
And wbereas by an Act passed in the Parlianent held
in the seventh year of King William the Four:h and the 17 Geo. III. c. 53 ; 21 Geo, III. o. 66 ; 7 Geo. IV. c. 66:
| first year of Her present Majesty, chapter forty-0,1%, 1 & 2 Vict. c. 23; 1 & 2 Vict. c. 106 ; 28 & 29 Vict. c. 69 ; lintituled " An Act for the more effectual recovery of 34 & 35 Vict. c. 43; 35 & 36 Vict. c. 96.
small debts in the sheriff courts and for regalating the
establishment of circuit oourts for the trial of small deb: CAP. XXVI.
canges by the sheriffs in Scotland,” bereio-after called the An Act to amend the Law relating to the use of Gun Small Debt Act, 1837, provision was made for the recovery powder in certain Stratified Ironstone Mines.
of statutory penalties by way of action in the sheriff coars
[11th August 1881. and a scale of fees was fixed for suob prosecations : Be it enacted, &o. :
And whereas by the Summary Procedure Act, 1854, 1. Title of Act.] This Act may be cited as the Stratified
further provision was made for the trial of offences punishable Ironstone Mines (Goopowder) Act, 1881.
on summary conviction, and for the sum mary recovery of
penalties : 2. Power to exempt ironstone mines from regulation as to And whereas by the Summary Jurisdiction Act, 1879, cartridges under 35 & 36 Vict. c. 76, s. 51.] (1.) It shall additional powers were conferred upon courts of summuy be lawful for one of Her Majesty's Principal Secretaries jurisdiction in England to mitigate and modify punishments of State, if he sball think fit, on the application of the in summary proceedings : owner, agent, or manager of any stratified ironstone mine! And whereas it is expedient to amend the Summary in the lias formation, to exempt each mine from 80 Procedure Act, 1864, to extend certain of the provisioas of much of the general role eight in the Coal Mines Regala the Summary Jurisdiction Act, 1879, to Scotland, and also tion Act, 1872, as forbids gunpowder or other explosives to regulate the costs and expenses of sommary procedure in or inflammable substance from being taken into or being Scotland : in the possession of any person in any mine except in
Be it enacted, &c. : cartridges.
(2.) The application shall be transmitted by the owner, 1. Short title.] This Act may be cited as the Sammary agent, or manager to the inspector of the district, and the Jurisdiction (Scotland) Act, 1881, and shall be construed requirements of sections fifty-three and fifty-seven of the as one with the Summary Procedure Act, 1864, 80 far as Coal Mines Regulation Act, 1872, as to the posting of any consistent with the tenour of these Acts respectively, and proposed special rule, shall extend to any such applica- these Acts may be oited together as the Summary Jaristion : Provided that the exemption shall not come into diction (Scotland) Acte, 1864 and 1881, and shall apply to force until granted by the Secretary of State.
Scotland only. (3.) Tbe Secretary of State may at any time revoke
2. Commencement of Act.] This Act shall commence on such exemption, but such revocation shall not come into
the first day of January one thousand eight hundred and force until written or printed notice thereof has been posted up at the mine for twenty-four hours.
eighty-two. (4.) A list of the exemptions granted or revoked under
3. Application-38 & 39 Vict. e. 62—31 & 32 Vict. e. this Act sball be set forth by the inspector of the district
123.] The provisions of the Summary Jurisdiction (Soot. in bis annual report.
land) Acts, 1864 and 1881, berein-after called the Summary
Jurisdiction Aote, shall apply to all summary proceedinge CAP. XXVII.
as enamorated and described in the third section of the An Act to amend the Burial Grounds (Scotland) Act,
Summary Prooedure Act, 1864, and to all proo-edings of
the like nature which by any future Act are direoted or 1855.
[11th August 1881.
authorised to be taken sommarily, or onder the provisioos CAP. XXVIII.
of the Summary Jarisdiction Acts, and the thirty-second
section of the Summary Procedure Act, 1864, is hereby An Act to make provision for the payment by reduced
repealed : And it shall not be necessary in any case to Instalments of Loans under the Seed Supply (Ireland)
keep a record of the evidence, except so far as may be Act, 1880; and to amend and explain the Relief of required by the Act conferring jarisdiction in the mutter
of the prosecution, or by the sixth section of the Sounsry Local Government Board (Ireland) Act, 1872.
Prosecutions Appeals (Scotland) Act, 1875. Whereas [11th August 1881. doubts have arisen whether the third section of the San
mary Procedure (Scotland) Act, 1864, includes and applies CAP. XXIX.
to prosecutions under the twenty-third and twenty-fourth An Act further to facilitate the building, enlargement. sections of the Salmon Fisheries (Scotland) Act, 1868, bo and maintenance of Reformatory Institutions in Ire
it enacted, that the provisions of the Sammary Jurisdieland.
(11th August 1881. | tion Aots shall apply to such prosecutions, and in all similar
cases when in addition to a penalty a forfeitare is provided CAP. XXX.
by statute. The provisions of the Summary Jurisdiotion An Act to provide for the employment of certain Officers
Acts shall also apply to prosecutions under the Tweed
Fisheries Acts: Provided always, that it shall be in the and Clerks by the Commissioners of Customs.
option of ihe prosecutor to proceed either under the forms of [11th August 1881.
the Tweed Fisheries Acts, or under the forms of the SumCAP. XXXI.
mary Jurisdiction Acts : Provided also, that where there is
a general or local Police Act in force, it shall be optional in An Act to continue certain Turnpike Acts, and to repeal police prosecutions either to use the forms prescribed by sach
certain other Turn pike Acts; and for cther purposes Act, or the forms provided by the Summary Juri:distica connected therewith.
[11th August 1881. Acts. CAP. XXXII.
4. R-gulation of expenses.] The costs and expenses of all
complaints and proceedings instituted under the Sammary An Act to remit certain Loans formerly made out of the Jurisdiction Acts shall be regulated by the table of frescoConsolidated Fund.
[11th August 1881. rained in the Schedule A. to this Act annexed, and no other
L Sept. 17, 1881.]
or higher fees shall be allowed on taxation, and where ex account for the same to the clerk, to be applied by him in penses sball be awarded against a respondent the decree manner provided by the special Act. In complaints not shall be subject to the following limitations :
founded on any special Act the maximum sentence shall con. (a.) Where the penalty or penalties imposed shall not ex tinue to be as defined by the first recited Act.
ceed twelve pounds the total expenses decerned for shall not exceed three pounds.
7. Powers of sherif.) In all prosecutions which might (6.) Where the penalty or penalties imposed shall not ex. competently bave been instituted by summary complaint and ceed twelve pounds but it appears to the Court that
under the Summary Jurisdiction Acts, but which shall be inthe reasonable expenses of the complainer's witnesses,
stituted by criminal libel and shall be tried by the sheriff and together with the other expenses, exceed the sums
a jury, the sheriff or his substitute shall have all the powers herein-before allowed, the Court may direct the expenses
conferred by the preceding section upon the Court in pro. of such witnesses to be paid in whole or in part out of ceedings under the Summary Jurisdiction Acts. the penalty.
8. Imprisonment competent in default of recovery by The directions contained in the schedule shall be deemed
poinding – Execution of warrants of poinding and sale to be part of this enactment.
-7 Will. 4 & 1 Pict. c. 41.] (1.) Subject to the 5. Amount of expenses to be stated in conviction or decree. ] ) provisions of geotion six, in all proceedings under In all proceedings ander the Summary Jurisdiction Acts in the Summary Jurisdiction Acts where a warrant of every conviction, order, decree of absolvitor, d-cree dis- poinding and sale is competent, a warrant of immissing the complaint, or other decree disposing of the com- | prisonment in default of recovery of sufficient goods shall plaint, and not at any subseqnent time, the Court may, 1 likewise be competent for a period not exceeding three subject to the foregoing provisions, when a finding of ex montbs, and the court shall specify the term of imprison. fenses is competent, find such sum to be due in nane of ex. ment in the warrant. penses, if any, as it considers reasonable. Expenses shall (2.) All warrants of poinding and sale under the Summary in all cases be recovered as if they formed part of the penalty, Jurisd ction Acts shall be executed in manner provided by and the same diligence shall follow in case of default in the Small Debt Act, 1837, provided that in place of the payment.
customary notice of sale, notice of every sale under such 6. Power to mitigate penalties.] In all proceedings under
warrants shall be given by advertisement in some newspaper the Summary Jurisdiction Acts
circulating in the place of sale on the day of sale or within (a.) Where the panisbment of imprisonment is imposed by three days preceding the same.
Act of Parliament, the Court may, if it thinks the 9. Procedure. 1 (1.) Every complaint at the instance of a justice of the case demands it, substitute for imprigon
private prosecutor or complainer under the Summary Jurisinent a fine not exceeding twenty-five pounds or reduce diction Acts may be signed either by such private prosecutor the amount of imprisonment, and notwithstanding any
or complainer, or by a duly qualified law agent on his enactment to the contrary impose the same without hard
behalf, and such law agent may, in the absence of the labour, and when the punishment of a penalty or fine is
privite prosecutor or complainer, appear in Court, and imposed it muy reduce the amoont of such fine, and
conduct the prosecution on bis behalf. when in the case eitber of impris inment or a fine the
(2.) In all cases where a warrant of citation or apprehen. respondent is required to come under his own obligation
sion is to be granted on sworn information, such information or to find caution or security for keeping the peace and
may be sworu to before any justice of the peace or magistrate observing some other condition, or to do any of such
of a burgh, although the prosecution is to be before the things, the Court may dispense with any such require.
sheriff. ment or any part thereof :
(3.) Where an adjournment is granted on the respondent's Provided that nothing in this Act shall authorise the
application, the court may, instead of <rdaining the respond. Court to reduce the amount of a fine when the Act pre
ent to find se'urity to appear, appoint the respondent to scribing such amount carries into effect a treaty,
attend the sitting of the court to which the case is convention, or agreement with a foreign state, and such
adj 'urned under a suitable penalty in case he shall fail to treaty, convention, or agreement stipalates for a fine of
appear. minimum amount :
(4.) In all cases where an appeal is competent, it shall Provided further, that this section shall not apply to
be in the power of the Court of Appeal, on the application of proceedings taken under any Act relating to any of Her
either party and on such terms as to the Court shall seem fit, Majesty's regular or auxiliary forces :
to amend ibe case, and all appeals from proceedings under (6.) Where a warrant of imprisonment is granted, the Summary Jurisdiction Acts shall be taken to the High whether in default of payment of a penalty or expenses,
Court of Justiciary at Edinburgh or on circuit. or for failure to find caution or security, or in default of
(5.) A warrant of imprisonment may be in the form con. recovery of suffiient goods by poinding and sale, when
tained in the Schedule B. to this Act adnexed. the amount adjudged to be paid, or tor which security is to be found
10. Boundaries of jurisdiction.] In all proceedings for Does not exceed ten shillings The period of imprison. the trial of offences under the Summary Jurisdiction
ment shall not exceed Acts-
(1.) Where the offence is committed in any harbour, Exceeds ten shilliogs but does
river, arm of the sea, or other water (tidal or other) not exceed one pound · Fourteen days.
which runs between or forms the boundary of the juris. Exceeds one pound but does
diction of two or more cours, such offence may be tried not exceed five pounds . One montb.
by any one of such courts; Exceeds five pounds but does
(2.) Where the offence is committed on the boundary of pot exceed twenty pounds. Two months.
the jurisdiction of two or more courts, or within the Exceeds twenty pounds - Three months.
distance of five hundred yards of any such boundary, or (e.) Where any sum is adjudge i to be paid, the Cur: may is begun within the jurisdiction of one court and com. do any or all of the following things:
pleted within the jurisdiction of another court, such (1.) Allow time for payment:
offence may be tried by any one of such courts : (2.) Direct payment to be made by instalmon's:
(3.) Where the offence is committed on any person, or in (3.) Require security or caution to be found for the respect of any property in or upon any carriage, cart,
payment of such sums or instalments at such time or vehicle whatsoever employed in a journey, or on board or times as the Court may prescribe:
any vessel whatsoever employed in a navigable river, Where a sum is directed to be paid by instalments and de lake, canal, or inland navigation, the person accused of fault is made in the payment of any one instalment, the such offence may be tried by any court through whose same proceedinga may be taken as if default had been made jurisdiction such carriage, cart, vebicle, or vessel passed in payment of all the instalments then remaining unpaid.
in the course of the journey or voyage during which the The Court directing payment of a sum or of an instal. offence was committed, and where the side, bank, centro, bent may direct the payment to be mude at such times or other part of the high way, road, river, lake, canal, or and places and to such person as the Court may specify, and inland navigation along wbich the carriage, cart, vehicle, every person to whom such som or instalment is paid, where or vessel passed in the course of such journey or voyage not the clerk of Court, shall as soon as may be pay over or is the boundary of the jurisdiction of two or more courts