56 10 15 20 the Authority of any Act of Parliament, be recoverable from 3. The Provisions of this Act shall be applicable to Application (1.) All Proceedings before any Sheriff, Justice, or Magistrate, in of the Act. Scotland, in virtue of the summary Jurisdiction conferred upon them or any of them, by the recited Acts, or any of them: (2.) All Proceedings to be taken before any Sheriff, Justice, or Magistrate in Scotland, for the Prosecution of any Person who has committed, or is charged with having committed, any Offence or Act for which, under the Provisions of any Act of Parliament, he is liable, upon summary Conviction before any Sheriff, Magistrate or Justice, to be imprisoned or fined, or otherwise punished, or to be ordered to do or perform any Act and to be imprisoned in default of Performance 25 (3.) All Proceedings for the Recovery of any Penalty, or Sum of Money in the Nature of a Penalty, which, under the Provisions of any Act of Parliament, may be recovered by summary Complaint or Information, or by Poinding or Distress and Sale, or other summary Process or Diligence of the like Nature, before any Sheriff, Justice, or Magistrate : (4.) All Proceedings for the Trial or Prosecution for any Offence or for the Recovery of any Penalty, under any Act of Parliament by which it shall be provided that Offences committed in contravention thereof or Penalties thereby imposed shall be prosecuted or recovered under the Provisions of this Act. 30 35 4. All Proceedings for summary Conviction for any Offence, Proceedings whether at Common Law or under any Act of Parliament, and to be instituted by all Proceedings for the Recovery of any Penalty which may be Complaint. sued for or recovered in a summary Form, whether such Pro40 ceedings are at the Instance of a public or private Prosecutor or Complainer, may be instituted by way of Complaint in one or other of the Forms set forth in the Schedule (A.) to this Act annexed; and in Cases in which there are more than One Act of Parliament to appear or having relation to the same Offence or Class of Offences, it shall be Respondent 5. On such Complaint being laid before the Court, it shall be may be cited lawful for the Court to grant Warrant to cite the Respondent apprehended personally, or by leaving a Copy of the Complaint with the Warrant 20 on a Warrant. of Citation annexed, at his last or usual Dwelling Place, in common Form, to appear before the Court on Induciæ of not less than Forty-eight Hours; or (where Apprehension is competent) to grant a Warrant for the Apprehension and interim Detention of the Respondent: Provided that where the Complaint shall pray for a 25 Warrant of Apprehension, the Court may in its Discretion grant, in place of such Warrant, a Warrant for the Citation of the Respondent as aforesaid; and it shall be lawful to annex to such Warrant of Citation or Apprehension a Warrant to cite Witnesses and Havers for both Parties, and also (where such Procedure is 30 otherwise competent,) a Warrant to search for and seize stolen Goods or other Articles mentioned in the Complaint. Court may proceed in absence of or issue a Warrant for 6. If the Respondent after being cited shall fail to appear at the Time and Place mentioned in the Warrant of Citation, it shall be Respondent, lawful for the Court, upon Proof by the Oath of an Officer of Court 35 that the Respondent has been duly cited, either to proceed to hear his Appre- and dispose of the Complaint in Absence of the Respondent, or to issue a Warrant in the Second Instance for his Apprehension and interim Detention; or the Court may in its Discretion adjourn the Hearing to a future Diet, with Liberty to the Respondent to appear at 40 such adjourned Diet, and may appoint Intimation of such adjourned Diet to be made to the Respondent. hension. 7. Every rants of 7. Every Warrant of Apprehension granted under the Authority Execution of this Act may be executed by an Officer of the Court granting the of WarWarrant, or, in the Case of Warrants granted by any Justice of the ApprehenPeace, by a Constable of the County in which such Justice shall be sion and Citation. 5 acting; and such Warrant may be executed at any Place within the County or other Jurisdiction within which it is granted, or, in case of fresh Pursuit, at any Place in the next adjoining County or Jurisdiction, or in the County in which such Jurisdiction is contained, being within Seven Miles of the Border of such first10 mentioned County, or Jurisdiction, without being endorsed; and every Warrant for the Citation of any Respondent or Witness may be executed within the Jurisdiction of the Court or Judge granting the same by any Officer of such Court, or, in the Case of Warrants granted by any Justice of the Peace, by a Constable as 15 aforesaid; and all Citations and Executions under this Act may be in the Forms contained in the Schedules (F.) and (G.) to this Act annexed. 8. The Provisions of the second-recited Act relative to the Execution Execution of Warrants for the Citation of Witnesses, and the of Warrants beyond the 20 Execution of Sentences and of Decrees for Penalties and Expenses Jurisdiction beyond the Jurisdiction of the Court or Judge by whom the of the Court. same have been granted, shall be applicable to the Execution of Warrants for the Citation of Witnesses, and of Convictions and Judgments pronounced under the Authority of this Act; and any 25 Warrant for the Citation or Apprehension of the Respondent in any Complaint under this Act, and any Warrant for the Apprehension of a Witness as herein-after provided, may be executed out of the Jurisdiction of the Court or Judge granting the Warrant, such Warrant being first produced to and endorsed by a Court or Judge 30 of the County or Place in which it is to be executed, competent to have granted the Warrant in such County or Place; and the Provisions contained in an Act passed in the Eleventh and Twelfth Years of the Reign of Her present Majesty, intituled "An Act to 11 & 12 Vict. "facilitate the Performance of the Duties of Justices of the Peace c. 42. "out of Sessions within England and Wales, with respect to "Persons charged with indictable Offences," for the Enforcement of Warrants granted by Sheriffs and Justices in Scotland by Indorsation in England or Ireland shall be applicable to Warrants granted by Magistrates of Burghs in Scotland; and the said Provisions are 40 also hereby extended and made applicable to all Warrants issued in Scotland under the Authority of this Act. 35 9. If any Person cited as a Witness by a Warrant under the Warrants may be Authority of this Act, shall neglect or refuse to appear at the Time issued for [32.] sion of Witnesses. Apprehen- and Place appointed by the Warrant, and no just Excuse shall be offered in his Behalf, it shall be lawful for the Court before whom such Person has been cited to appear, to issue a Warrant for his Apprehension; or, if the Court shall be satisfied by Evidence upon Oath that it is probable that such Person will not attend without 5 being compelled so to do, it shall be lawful for the Court to issue a Warrant in the first instance for the Apprehension of such Person; and any Witness who shall refuse to be sworn or to be examined on Affirmation, or who after the Oath or Affirmation has been administered to him shall refuse to answer any Question which the 10 Court shall allow, or to produce Documents in his Possession when required by the Court, may be summarily punished for his Contempt by Imprisonment for any Period not exceeding Seven Days, unless he shall in the meantime consent to be examined and to answer as required. Respondent Diet, except when Complaint has been duly 15 10. Any Respondent brought before the Court by a Warrant may require of Apprehension under the Authority of this Act, or appearing Adjournvoluntarily, shall be entitled to require a Copy of the Complaint, ment of and also to require that the Hearing shall be adjourned for a Period not less than Forty-eight Hours after the Delivery of such Copy; 20 and such Requisitions shall be complied with if made before the Examination of any Witness on the Merits shall have commenced; but no such Requisition shall be competent where a Copy of the Complaint shall have been delivered to the Respondent Forty-eight Hours before the Hearing. served. 25 Court may 11. Subject to the Provisions contained in the preceding Section, adjourn the no Adjournment of the Hearing shall take place when the ResponHearing and detain the dent pleads Not Guilty, or at any other Stage of the Proceedings, Respondent. unless the Court shall, in respect the Respondent has not had Time to prepare for his Defence, or for some other sufficient Reason, think 30 fit to order an Adjournment: Provided, that where such Adjournment is made it shall be lawful for the Court to grant Warrant to detain the Respondent until the Period to which the Hearing shall be adjourned, or until he finds sufficient Caution to appear at all future Diets of the Court. 35 Signing of Con victions and Warrants. 12. Any Sheriff, Magistrate, or Justice, though out of his County or Jurisdiction, may sign any Conviction, Judgment, Warrant, or Interlocutor under this Act; provided the Evidence and every other Proceeding necessary to support such Conviction, Judgment, Warrant, or Interlocutor shall have been had before him when 40 within his County or Jurisdiction. Absolvitor donment of 13. If at the Diet appointed for the hearing of any Complaint, As to Judgor at any adjourned Diet, the Prosecutor or Complainer shall fail ment of to appear personally (or by Counsel or Agent where such Appear- by Default ance is otherwise competent), or having appeared shall decline to and Aban5 insist in his Complaint, the Court shall pronounce Judgment of the ComAbsolvitor, which Judgment, or a certified Copy thereof, shall be plaint, delivered to the Respondent if desired; and a Judgment of Absolvitor pronounced in a Complaint at the Instance of a Procurator Fiscal or other Party prosecuting for the Public Interest, may be 10 pleaded in absolute Bar of any subsequent Complaint under the Authority of any Act of Parliament for the same Matter, whether at the same Instance or at the Instance of any private Prosecutor or Complainer: Provided, that in Cases where the First Complaint shall have been abandoned with Leave of the Court or Magistrate, 15 in consequence of Objections to the Form thereof, or where the Diet shall have been deserted pro loco et tempore, Judgment of Absolvitor shall not be pronounced, but the Fact of Abandonment may be stated in the Form of an Endorsation upon the Complaint. 20 Presence of 14. Where the Respondent shall be present at the Hearing, the Procedure at Substance of the Complaint shall be read or stated to him, and he Hearing in shall thereupon be required to plead in common Form; and the the ResponRespondent may then state Objections to the Competency or Rele- dent. vancy of the Complaint or Proceedings; and if no Objections are 25 stated, or if such Objections are stated and repelled or are obviated by Amendment of the Complaint or Adjournment of the Diet as herein-before provided, the Respondent's Plea shall then or at such adjourned Diet be recorded, and the Plea shall be signed by the Respondent or by a Judge or the Clerk of Court if the Respondent 30 cannot write; and the Prosecutor or Complainer shall thereupon proceed to establish his Complaint by legal Evidence or by such Evidence as is required by the Act of Parliament founded on, and the Respondent may afterwards lead such Evidence as is competent, and the Prosecutor may, with Permission of the Court, lead Evidence 35 in replication; and before Judgment is pronounced each Party shall, subject to the Control of the Court, have liberty to address the Court upon the Evidence; and the Court may in its Discretion allow any Respondent to be heard by Counsel or Agent, and may, where the Complaint concludes for a pecuniary Penalty only 40 in the first instance, dispense with the personal Attendance of the Respondent, and allow him to appear and plead by a Procurator of Court. |