Mode of Procedure. Proceedings in case of several Claims Owner of Ship. Merchant Shipping (Part IX. Liability.) DXIV. In Cases where any Liability has been or is alleged to have been incurred by any Owner in respect of Loss of Life, being made on personal Injury, or Loss of or Damage to Ships, Boats, or Goods, and several Claims are made or apprehended in respect of such Liability, then, subject to the Right herein-before given to the Board of Trade of recovering Damages in the United Kingdom in respect of Loss of Life or personal Injury, it shall be lawful in England or Ireland for the High Court of Chancery, and in Scotland for the Court of Session, and in any British Possession for any competent Court, to entertain Proceedings at the Suit of any Owner for the Furpose of determining the Amount of such Liability subject as aforesaid, and for the Distribution of such Amount rateably amongst the several Claimants, with Power for any such Court to stop all Actions and Suits pending in any other Court in relation to the same Subject Matter and any Proceeding entertained by such Court of Chancery or Court of Session, or other competent Court, may be conducted in such Manner and subject to such Regulations as to making any Persons interested Parties to the same, and as to the Exclusion of any Claimants who do not come in within a certain Time, and as to requiring Security from the Owner, and as to Payment of Costs, as the Court thinks just. Money paid for Damage how to be accounted for DXV. All Sums of Money paid for or on account of any Loss or Damage in respect whereof the Liability of the Owners of any Ship is limited by the Ninth Part of this Act, and all between Part Costs incurred in relation thereto, may be brought into account among Part Owners of the same Ship in the same Manner as Money disbursed for the Use thereof. Owners. Saving Clause. Saving Clause. Saving Clause. DXVI. Nothing in the Ninth Part of this Act contained shall be construed To lessen or take away any Liability to which any Master or Seaman, being also Owner or Part Owner of the Ship to which he belongs, is subject in his Capacity of Master or Seaman; or To extend to any British Ship not being a recognized PART Merchant Shipping (Part X. Legal Procedure.) PART X. LEGAL PROCEDURE. Application Application. DXVII. The Tenth Part of this Act shall in all Cases, where Application no particular Country is mentioned, apply to the whole of Her of Part X. of Majesty's Dominions. Legal Procedure (General). the Act. Legal Procedure (General.) of Offences, DXVIII. In all Places within Her Majesty's Dominions, except Scotland, the Offences herein-after mentioned shall be Punishment punished and Penalties recovered in manner following; (that and Recovery is to say,) of Penalties. (1.) Every O.Tence by this Act declared to be a Misdemeanor shall be punishable by Fine or Imprisonment, with or without Hard Labour; and the Court before which such Offence is tried may in England make the same allowances and order Payment of the same Costs and Expenses as if such Misdemeanor had been enumerated in the Act passed in the Seventh Year of His late Majesty King 7 G. 4, c. 64. George the Fourth, Chapter Sixty-four, or any other Act that may be passed for the like Purpose; and may in any other Part of Her Majesty's Dominions make such Allowances and order Payment of such Costs and Expenses (if any) as are payable or allowable upon the Trial of any Misdemeanor under any existing Act or Ordinance, or as may be payable or allowable under any Act or Law for the Time being in force therein: (2.) Every Offence declared by this Act to be a Misdemeanor shall also be deemed to be an Ofence hereby made punishable by Imprisonment for any Period not exceeding Six Months, with or without Hard Labour, or by a Penalty not. exceeding One hundred Pounds, and may be prosecuted accordingly in a summary Manner instead of being prosecuted as a Misdemeanor: (3.) Every Offence hereby made punishable by Imprisonment for any Period not exceeding Six Months, with or without Hard Labour, or by any Penalty not exceeding One hundred Pounds, shall in England and Irland be prosecuted summarily before any Two or more Justices, as to England in the Manner directed by the Act of the Р Eleventh Legal Procedure (General) Merchant Shipping (Part X. Legal Procedure.) Eleventh and Twelfth Years of the Reign of Her Majesty Queen Victoria, Chapter Forty-three, and as to Ireland in the Manner directed by the Act of the Fourteenth and Fifteenth Years of the Reign of Her Majesty Queen Victoria, Chapter Ninety-three, or in such other Manner as may be directed by any Act or Acts that may be passed for like Purposes: And all Provisions contained in the said Acts shall be applicable to such Prosecutions in the same Manner as if the Offences in respect of which the same are instituted were hereby stated to be Offences in respect of which Two or more Justices have Power to convict summarily or to make a summary Order: (4.) In all Cases of Summary Convictions in England, where the Sum adjudged to be paid exceeds Five Pounds or the Period of Imprisonment adjudged exceeds One Month, any Person who thinks himself aggrieved by such Conviction may appeal to the next Court of General or Quarter Sessions which is holden not less than Twelve Days after the Day of such Conviction for the County, City, Borough, Liberty, Riding, Division, or Place wherein the Case has been tried; provided that such Person shall give to the Complainant a Notice in Writing of such Appeal, and of the Cause and Matter thereof, within Three Days after such Conviction, and Seven clear Days at the least before such Sessions, and shall also either remain in Custody until the Sessions, or enter into a Recognizance, with Two sufficient Sureties, before a Justice of the Peace, conditioned personally to appear at the said Sessions, and to try such Appeal, and to abide the Judgment of the Court thereupon, and to pay such Costs as shall be by the Court awarded; and upon such Notice being given, and such Recognizance being entered into, the Justice before whom the same shall be entered into shall liberate such Person, if in Custody; and the Court at such Sessions shall hear and determine the Matter of the Appeal, and shall make such Order therein, with or without Costs to either Party, as to the Court shall seem meet; and in case of the Dismissal of the Appeal, or the Affirmance of the Conviction, shall order and adjudge the Offender to be punished according to the Conviction, and to pay such Costs as may be awarded, and shall, if necessary, issue Process for enforcing such Judgment : (5.) All Offences under this Act shall in any British Possession be punishable in any Court or by any Justice of the Peace or Magistrate in which or by whom Offences of a like Character are ordinarily punishable, or in such other Manner, or by such other Courts, Justices, or Magistrates, as may from Time to Time be determined by any Act Merchant Shipping (Part X. Legal Procedure.) Act or Ordinance duly made in such Possession in such Manner as Acts and Ordinances in such Possession are required to be made in order to have the Force of Law. Legal Procedure (General.) DXIX. Any Stipendiary Magistrate shall have full Power to Stipendiary do alone whatever Two Justices of the Peace are by this Act Magistrate to authorized to do. have same Power as Two Justices. DXX. For the Purpose of giving Jurisdiction under this Act, Offence where every Offence shall be deemed to have been committed, and deemed to every Cause of Complaint to have arisen, either in the Place in have been which the same actually was committed or arose, or in any Place in which the Offender or Person complained against may be. committed. Coasts. DXXI. In all Cases where any District within which any Jurisdiction Court or Justice of the Peace or other Magistrate has Jurisdic- over Ships tion either under this Act or under any other Act or at Common lying off the Law, for any Purpose whatever, is situate on the Coast of any Sea, 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 thereto, in the same Manner as if such Ship, Boat, or Persons were within the Limits of the original Jurisdiction of such Court, Justice, or Magistrate. DXXII. Service of any Summons or other Matter in any Service to be legal Proceeding under this Act shall be good Service, if made good if made personally on the Person to be served, or at his last Place of personally, or on board Ship. Abode, or if made by leaving such Summons for him on board any Ship to which he may belong with the Person being or appearing to be in command or charge of such Ship. DXXIII. In all Cases where any Court, Justice or Justices Sums ordered of the Peace, or other Magistrate, has or have Power to make to be paid an Order directing Payment to be made of any Seaman's Distress on leviable by Wages, Penalties, or other Sums of Money, then, if the Party Ship. so 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 he may have for the Purpose of compelling Payment, direct the amount remaining unpaid to be levied by Distress or Poinding and Sale of the said Ship, her Tackle, Furniture and Apparel. p* DXXIV. Legal Procedure (General.) Application of Limitation of Merchant Shipping (Part X. Procedure.) DXXIV. Any Court, Justice, or Magistrate imposing any Penalty under this Act, for which no specific Application is herein provided, may, if it or he thinks fit, direct the whole or any Part thereof to be applied in compensating any Person for any Wrong or Damage which he may have sustained by the Act or Default in respect of which such Penalty is imposed, or to be applied in or towards Payment of the Expenses of the Proceedings; and, subject to such Directions or specific Application as aforesaid, all Penalties recovered in the United Kingdom shall be paid into the Receipt of Her Majesty's Exchequer in such Manner as the Treasury may direct, and shall be carried to and form Part of the Consolidated Fund of the United Kingdom; and all Penalties recovered in any British Possession shall Le paid over into the Public Treasury of such Possession, and form Part of the Public Revenue thereof. DXXV. The Time for instituting Summary Proceedings Time in Sum under this Act shall be limited as follows; (that is to say,) mary Proceedings. 1 (1) No Conviction for any Offence 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 Commission of the Offence; or if both or either of the Parties to such Proceeding happen during such Time to be out of 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 Proceeding 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: (8.). 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 b same is cominenced within Six Months after they both first happen to arrive or to be at One Time within the 7IZZO same : (4.) |