Merchant Shipping Law Amendment Act 1853

Procedure in Scotland under Merchant Service Acts

LIV All Offences under 7 & 8 Vict. c.112, 8 & 9 Vict. c.116, 13 & 14 Vict. c.93 14 & 15 Vict. c.96, 14 & 15 Vict. c.79 14 & 15 Vict. c.103 punishable as Misdemeanors.

All Offences which by the Act of the Eighth Year of Her present Majesty, Chapter One hundred and twelve, the Act of the Ninth Year of Her present Majesty, Chapter One hundred and sixteen, "The Mercantile Marine Act, 1850," "The Mercantile Marine Act Amendment Act, 1851," "The Steam Navigation Act, 1851," "The Seamen's Fund Winding-up Act, 1851," or this Act, are described as Misdemeanors, or are made punishable by Imprisonment for Periods exceeding Six Months, may, in Scotland, be prosecuted by Indictment or Criminal Letters at the Instance of Her Majesty's Advocate before the High Court of Justiciary, or by Criminal Libel at the Instance of the Procurator Fiscal of the County before the Sheriff, and shall be punishable with Fine and with Imprisonment with or without Hard Labour in default of Payment, or with Imprisonment with or without Hard Labour, or with both, as the Court may think fit; and such Court may also, if it think fit, order Payment by the Offender of the Costs and Expenses of the Prosecution: Provided always, that nothing herein contained shall be held or construed to extend to the Prosecution of Offences punishable by Transportation.

LV Summary Proceedings.

All Prosecutions, Complaints, Actions, or Proceedings, whether of a criminal or civil Nature, under any of the said last-mentioned Acts, other than Prosecutions for Offences described as Misdemeanors or punishable by Transportation, 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.

LVI Penalties how to be sued for.

All Penalties imposed by the said Acts may be sued for and recovered, with the Costs 6f Prosecution, before the Sheriff or any Two Justices as aforesaid, at the Instance of the Party to whom such Penalty is made payable in whole or in part, with Concurrence of the Procurator Fiscal of Court, or at the Instance of the Procurator Fiscal of Court where such Penalty is not made payable either in whole or in part to any private Party.