Tweed Fisheries Act 1857

SCHEDULE (B.) U.K. Forms of Proceedings for Recovery of Penalties.

Modifications etc. (not altering text)

C1 References to Sheriff of the County to be construed as references to sheriff principal of the sheriffdom: Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4, Sch. 1 para. 1

1.Information upon Oath.

IA.B., residing at in the County of , Water Bailiff appointed under “The Tweed Fisheries Act, 1857,” [or any other Person upon whose Information on Oath Warrant of Search may be granted] make Oath and say, That [state the Grounds of the Suspicion], and that I suspect and believe thatC.D., now or lately residing at in the County of , has, contrary to the Provisions of the said Act, in his Possession, or that there is lodged or placed or concealed in a Dwelling House [orFishing Shield, Outhouse, or Premises] within the Jurisdiction of your Lordship [orHonour], or in a Boat [orother Vessel, Carriage, Cart, or Vehicle,which particularly specify] within the Jurisdiction of your Lordship [orHonour], or which will shortly pass through or be within the same, One or more Nets or Leisters or Spears adapted for taking or killing Salmon [orSalmon which have been, contrary to the Provisions of the said Act, taken or killed in or from the River Tweed]: All which is Truth, as the Deponent shall answer to God.

Sworn at this Day ofA.B. 18 , before me,

E.F. [Magistrate.]

2.Petition for Warrant of Search.

[Place and Date.]

Warrant is craved for any Water Bailiff appointed under “The Tweed Fisheries Act, 1857,” or for any Constable or Peace Officer to search in the Daytime the Dwelling House ofC.D. , at in the County of [or other Place] [orat any Time the Fishing Shield, Outhouse, or other Place or Boat, &c.] specified in the Information of the saidA.B., in Terms of the Section of the said Act, for the Nets, Leisters, or Spears [orfor the Salmon] referred to in the said Information.

G.H., P.F.,

[or other Party entitled to prosecute for Penalties.]

3.Warrant of Search.

At the Day of 18 , at of the Clock Noon.

Having considered the preceding Information and Application, grants Warrant as craved.

E.F. (Magistrate.)

4.Complaint.

To the Honourable the Sheriff of the County of [orHer Majesty’s Justices of the Peace for the County or Burgh of ,or other Place].

The Petition and Complaint ofG.H. Procurator Fiscal of Court for the public Interest [or other Party entitled to prosecute],

Humbly showeth,

ThatC.D., now or lately residing at in the County of , has contravened the Section of “The Tweed Fisheries Act, 1857,” in so far as upon the Day of 18 , or about that Time, he [specify the Particulars of the Offence], by which Offence the saidC.D. has incurred a Penalty not exceeding Pounds [specify any other Forfeiture or Penalty which has been incurred].

May it therefore please your Lordship [orHonour] to grant Warrant to summon the saidC.D. to appear before your Lordship [orHonours] to answer to this Complaint, and to be dealt with in Terms of the said Act.

According to Justice, &c.,

G.H.,P.F. [or other Party entitled to prosecute.]

5.Deliverance on Complaint.

[Place and Date.]

The [Magistrate] having considered the foregoing Complaint, grants Warrant for bringingC.D. complained of immediately before him [orbefore any One or more of Her Majesty’s Justices of the Peace for the said County [orBurgh] ofor other Place], [orappoints the saidC.D. to be served with a Copy of the foregoing Complaint and of this Deliverance], and grants Warrant for citing the saidC.D. to appear before him [orbefore him or any One or more of Her Majesty’s Justices of the Peace for the said County or Burgh of [or other Place] within the ordinary Court House [or other Place] at on the Day of 18 , at o’Clock Noon, then and there to answer to the Charge made against him in the said Complaint under Certification, and grants Warrant at the Instance of both Parties for summoning Witnesses.

E.F. [Magistrate.]

6.Citation.

C.D. Take Notice that you are summoned to appear before the Sheriff of the County of [orany One or more of Her Majesty’s Justices of the Peace for the County [orBurgh] of [or other Place] in a Court to be held within the ordinary Court House at [or other Place], on the Day of 18 , at o’clock Noon, to answer to the Complaint against you at the Instance ofG.H., to a Copy of which this Citation is attached. This Citation served on the Day of 18 , by me, Sheriff Officer [orConstable] of the County of [or other Place] before Witness.

L.M., Sheriff Officer [orConstable].

7.Execution of Citation.

IL.M., Sheriff Officer [orConstable] of the County of [or other Place] duly summonedC.D., residing at in the County of , to appear before the Sheriff of the County of [orbefore any One or more of Her Majesty’s Justices of the Peace for the County [orBurgh] of [or other Place] in a Court to be held within the ordinary Court House at [or other Place] on the Day of 18 , at o’Clock Noon, to answer to the Complaint at the Instance ofG.H. against him. This I did by delivering to him personally [orleaving for him at his Dwelling House at aforesaid] a Citation to the above Effect, attached to a full Copy of the said Complaint and of the Warrant thereon, dated the Day of 18 , beforeN.O., subscribing Witness.

L.M., Sheriff Officer [orConstable].

N.O., Witness.

8.Conviction in England.

to wit, Be it remembered, That on the Day of in the Year of our Lord 18C.D. is convicted before usE.F. andG.H., Two of Her Majesty’s Justices of the Peace for the County of [or other Place] [describe the Offence generally,and the Time and Place when and where committed], contrary to the Provisions of “The Tweed Fisheries Act, 1857.” [Then add Adjudication.] Given under our Hands and Seals the Day and Year first above written.

E.F. G.H.

9.Conviction in Scotland.

[Place and Date.]

The [Magistrate] in respect of the Evidence adduced [orof the Judicial Confession of the saidC.D.,orin default of the Appearance of the saidC.D.,as the Case may be], convicts the saidC.D. of the Offence charged, and decerns and adjudges the saidC.D. to pay the Sum of of Penalty, with the Sum of of Costs, to the Commissioners appointed by “The Tweed Fisheries Act, 1857,” or their Treasurer, and failing Payment by the saidC.D. forthwith* grants Warrant for Recovery of the said Penalty and Costs by Poinding or Distress of his Goods and Effects, and summary Sale thereof on the Expiration of not less than Forty-eight Hours after such Poinding or Distress; appoints a Return or Execution of such Poinding or Distress and Sale to be reported within Eight Days from this Date, and in the meantime grants Warrant for detaining the saidC.D. in the Prison at until such Return be reported, or until sufficient Security be given by the saidC.D. for his Appearance before the [Magistrate] on the Day of next.†

E.F. [Magistrate.]

*[If it shall appear at the Trial that no sufficient Poinding can be made within the Jurisdiction of the Magistrate,say here, “and in respect it appears that no sufficient Poinding or Distress can be had whereon to levy the said Penalty and Costs, grants Warrants to imprison the saidC.D. in the Prison at for the Space of unless the said Penalty and Costs be sooner paid.”]

†[If any Article be forfeited,add here, “and further decerns and adjudges the Boat, Net, (or other Article) specified in the said Complaint to be forfeited, and directs the same to be destroyed at the Sight of the Complainer (orto be sold, and the Proceeds thereof paid to the Treasurer of the said Commissioners,as the Case may be.)”]

Note.—Warrants of Poinding or Distress in the above Form may be granted separate from the Conviction,if necessary.

10.Warrant of Imprisonment.

To be granted in case of a Return being made that no sufficient Goods and Effects could be found.

[Place and Date.]

The [Magistrate] in respect of the Return made that no sufficient Effects can be found whereon to levy the said Penalty and Costs grants Warrant to imprison the saidC.D. in the Prison at for the Space of from this Date , unless the said Penalty and Costs be sooner paid, and decerns.

E.F. [Magistrate.]

11.Warrant of Liberation.

[Place and Date.]

The [Magistrate] in respect of the Return of a sufficient Poinding or Distress and Sale of the Effects of the saidC.D. [orin respect of Payment having been made of the said Penalty and Costs,as the Case may be,] grants Warrant to the Keeper of the Prison at for the immediate Liberation of the saidC.D., and decerns.

E.F. (Magistrate.)

12.Warrant of Concurrence.

[Place and Date.]

IM.N., Sheriff [orJustice of the Peace,orSheriff Clerk] of the County of , grant Concurrence to the within Warrant, so that the same may be enforced within this County.

M.N.