1912_MERCHANT_SHIPPING_ACTS — Page 37

THE MERCHANT SHIPPING ACTS.

Application of Penalties and Costs of Prosecutions in Colonies.

M. S. ACT, 1894, (57 & 58 Vict. c. 60 ss. 699 & 700).

257

699.-(1) Where any Court, Justice of the Peace, or other Magis- Application trate, imposes a fine under this Act for which no specific application is of penalties. herein provided, that Court, Justice of the Peace, or Magistrate, may, if they think fit, direct the whole or any part of the fine 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 the fine is imposed, or to be applied in or towards payment of the expenses of the proceedings.

(2) Subject to any directions under this section or to any specific application provided under this Act, all fines under this Act shall, not- withstanding anything in any other Act-

(a) if recovered in the United Kingdom, be paid into the Exchequer in such manner as the Treasury may direct, and be carried to and form part of the Consolidated Fund: and

(b) if recovered in any British possession, be paid over into the public treasury of that possession, and form part of the public revenue thereof.

in

prosecution

of misde-

700. Where an offence under this Act is prosecuted as demeanor, the Court before whom the offence is prosecuted may

a mis- Expenses of England make the same allowances and order payment of the same meanor. costs and expenses as if the offence were a felony, and in any other part of Her Majesty's dominions may make such allowances and order payment of such costs and expenses as are payable or allowable upon the trial of any misdemeanor or under any law for the time being in force therein.

Prosecution of Offences under the Act.

M. S. Acr, 1894, (57 & 58 Vict. c. 60 s. 711).

of offences in

711. Any offence under this Act shall, in any British possession, be Prosecution punishable by any Court or Magistrate by whom an offence of a like British pos- character is ordinarily punishable, or in such other manner as may be session. determined by any Act or Ordinance having the force of law in that possession.

Governor may appoint Surveyors of Ships.

M. S. ACT, 1894, (57 & 58 Vict. c. 60 s. 727).

of surveyors

727. The Governor of a British possession may appoint and remove Appointment surveyors of ships within the limits of the possession for any purposes in Colonies. of this Act to be carried into effect in that possession.

¡Surveyors appointed by s. 10 (4) of No. 10 of 1899.]