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 pro ceeding 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 th 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 m any summary proceeding instituted in any British possession, unless such proceeding is commenced within six months after the cause of complaint 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 Od nances, for limiting the time within which summary proceedings may be instituted shall affect any summary proceeding under this Act.

Sec. 526. Any document required by this Act to be executed in the presence of or to be attested by any witness or witnesses, may be proved by the evidence of any person who is able to bear witness to the requisite facts without calling the attesting witness or witnesses or any of them.

Sec. 527. Whenever any injury has, in any part of the world, been caused to any property belonging to Her Majesty or to any of Her Majesty's subjecta by any foreign ship, if at any time thereafter such ship is found in any port river of the United Kingdom or within three miles of the coast thereof, it sbs3 be lawful for the Judge of any Court of Record in the United Kingdom, or far the Judge of the High Court of Admiralty, or in Scotland the Court of Session. or the Sheriff of the county within whose jurisdiction such ship may be, upa 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 an officer of Customs or other offer named by such Judge, requiring him to detain such ship until such time as t 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 respec 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 sadl detain such ship accordingly.

Sec. 528. In any case where it appears that before any application can be made under the foregoing section such foreign ship will have departed beyond the limits therein mentioned, it shall be lawful for any commissioned officer full pay in the military or naval service of Her Majesty, or any British ove of Customs, or any British Consular officer, to detain such ship until such te as will allow such application to be made and the result thereof to be com

nicated 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.

Sec. 529. In any action, suit, or other proceeding in relation to such injury, the person so giving security as aforesaid shall be made defendant or defender, 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.

Legal Procedure (Scotland).

Sec. 530. In Scotland every offence which by this Act is described as a felony or misdemeanour may be prosecuted by indictment or criminal letters at the instance of Her Majesty's Advocate before the High Court of Justiciary, cr 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 thinks fit, order payment by the offender of the costs and expenses of the prosecution.

Sec. 531. In Scotland, all prosecutions, complaints, actions, or proceedings under this Act, other than prosecutions for felonies or misdemeanours, may be 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.

Sec. 532. 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.

Sec. 533. 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 authorized by this Act, such party may be detained in custody unt he can be brought at the earliest opportunity before any two Justices, or tac 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.

Sec. 534. 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 curses to be executed.

Sec 535. In all proceedings under this Act in Scotland the Sheriff or Justices of the Peace shall have the same power of compelling attendance of witnesses and havers as in cases falling under their ordinary jurisdiction.

Sec. 536. The whole procedure in cases brought in a summary form before the Sheriff or Justices of the Peace in Scotland shall be conducted evná run, without written pleadings, and without taking down the evidence in wreg and no record shall be kept of the proceedings other than the complaint, and the - sentence or decree pronounced thereon.

Sec. 537. It shall be in the power of the Sheriff or Justices of the Pence Scotland to adjourn the proceedings from time to time to any day or days to he fixed by them, in the event of absence of witnesses or of any other cause when shall appear to them to render such adjournment necessary.

Sec. 538. In Scotland all sentences and decrees to be pronounced by the Sheriff or Justices of the Peace upon such summary complaints shall be a writing; and where there is a decree for payment of any sum or sums of money against a defender, such decree shall contain warrant for arrestment, poir ing and imprisonment in default of payment, such arrestment, poinding, or imin sonment to be carried into effect by Sheriffs' officers or constables, as the case may be, in the same manner as in cases arising under the ordinary jurisht e of the Sheriff or Justices: Provided always, that nothing herein contained shad be taken or construed to repeal or affect an Act of the fifth and sixth years of William IV, intituled "An Act for Abolishing, in Scotland, Imprisonment for Civil Debts of Small Amount."

Sec. 539. In all summary complaints and proceedings for recovery of any penalty or sum of money in Scotland, if a defender who has been duly estec shall not appear at the time and place required by the citation, he shall be 'zal as confessed, and sentence or decree shall be pronounced against him in terna 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 agaist 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 decerned for, and the costs which had been awarded by the Court, sand on the same day delivering or transmitting through the post to the pursuer or ba 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 text sitting of the Court, or on any day to which the Court shall then adjourn n.

Sec. 540. In all summary complaints or other proceedings not brought for the recovery of any penalty or sum of money in Scotland, if a defender, beg

duly cited, shall fail to appear, the Sheriff or Justices may grant warrant to apprehend and bring him before the Court.

Sec. 541. In all cases where sentences or decrees of the Sheriff or Justices require to be enforced within Scotland, but beyond the jurisdiction of the Sheriff or Justices by whom such sentences or decrees have been pronounced, it shall 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.

Sec. 542. 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.

Sec. 543. Such of the general provisions with respect to jurisdiction, procedure, and penalties contained in this Act as are not inconsistent with the special rules hereinbefore 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.

Enactment of "Merchant Shipping Act, 1876" (39 & 40 Vict., c. 80), applied.

SECTION 34. Where under the Merchant Shipping Acts, 1854 to 1876, or any of them, a ship is authorized 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 1007.

Where a ship so proceeding to sea takes to sea when on board thereof in the execution of his duty any officer authorized 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 1007., or, if the offence is not prosecuted in a summary manner, not exceeding 10l. 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.

ACT of the British Parliament, for the Publication of
Statutory Rules.

[56 & 57 Vict., c. 66.]

[December 21, 1893.]

Be 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.) At least forty days before making any statutory rules to which this section applies, notice of the proposal to make the rules, and of the place where copies of the draft rules may be obtained, shall be published in the "London Gazette."

(2.) During those forty days any public body may obtain copies of such draft rules on payment of a sum not exceeding 3d. per folio, and any representations or suggestions made in writing by a public body interested to the authority proposing to make the rules shall be taken into consideration by that authority before finally settling the rules; and on the expiration of those forty days the rules may be made by the rule-making authority, either as originally drawn or as amended by such authority, and shall come into operation forthwith or at such time as may be prescribed in the rules.

(3.) Any enactment which provides that any statutory rules to which this section applies shall not come into operation for s specified period after they are made is hereby repealed, but this repeal shall not affect section 37 of "The Interpretation Act, 1889."*

(4.) The statutory rules to which this section applies are those made in pursuance of any Act of Parliament which directs the statutory rules to be laid before Parliament, but do not include any statutory rules if the same or a draft thereof are required to be laid before Parliament for any period before the rules come into operation, nor do they include rules made by the Local Government Board for England or Ireland, the Board of Trade, or the Revenue Department, or by or for the purposes of the Post Office: nor rules made by the Board of Agriculture under "The Contagious Diseases (Animals) Act, 1878," and the Acts amending the same. (5.) This section shall not apply to Scotland.

(6.) In the case of any rules which it is proposed shall extend to Ireland, publication in the "Dublin Gazette" of the notice required by this section shall be requisite in addition to, or, if they extend to Ireland only, in lieu of, publication in the "Londen Gazette."

52 & 53 Vict., c. 63.