and havers to compear at the same time and place, to give evidence and produce the writs specified in their citation. This deliverance may also contain warrant to arrest on the dependence in common form, where such warrant has been prayed for in the complaint or other proceeding. Where the apprehension of any party, with or without warrant, is authorised by the act (see sects. 50, 188, 243, and 246), that party can be detained in custody, until he can be brought, at the earliest opportunity, before any two justices or the the sheriff; and, in such case, no citation or induciæ are necessary (§ 533). When it becomes necessary to execute the arrestment on the dependence against goods or effects of the defender, not locally situated within the jurisdiction of the sheriff or justices by whom the warrant to arrest has been granted, it is competent to carry the warrant into execution, on its being indorsed by the sheriff-clerk or clerk of the peace of the county or burgh within which that warrant comes to be executed (§ 534). In all proceedings under the act, the sheriff or justices have the same power of compelling the attendance of witnesses and havers as in cases falling under their ordinary jurisdiction (§ 535). The whole procedure in summary cases before the sheriff or justices, is conducted orally, without written pleadings, and without taking down the evidence in writing; and no record is kept of the proceedings, other than the complaint, and the sentence or decree pronounced thereon (§ 536). And, in the event of the absence of witnesses, or of any other cause which appears to them to render an adjournment necessary, the sheriff or justices can adjourn the proceedings from time to time, to any day or days to be fixed by them (§ 537). All sentences and decrees pronounced by the sheriff or justices upon the summary complaints, must be in writing; and where there is a decree for payment of any sum or sums of money against a defender, this decree contains warrant for arrestment, poinding, and imprisonment (when competent) in default of payment, the arresting, poinding, and imprisoning (when competent) being carried into effect by sheriffs' officers or constables, as in cases arising under their ordinary jurisdiction (§ 538). In all summary complaints or proceedings for recovery of any penalty or sum of money, if a defender, who has been duly cited, does not appear at the time and place required by the citation, he is held as confessed, and sentence or decree is pronounced against him, with such costs and expenses as to the court seems fit; but he can obtain himself reponed against this decree in absence, at any time before it is fully implemented, in the common form (§ 539). In all summary complaints or other proceedings not brought for the recovery of any penalty or sum of money, if a defender, being duly cited, fails to appear, the sheriff or justices can grant warrant to apprehend and bring him before the court (§ 540). In all cases where sentences or decrees of the sheriff or justices require to be enforced, beyond the jurisdiction of the sheriff or justices by whom these have been pronounced, it is competent to carry the same into execution upon these being indorsed by the sheriff clerk or justice of peace clerk of the county or burgh within which execution is to take place (§ 541). No order, decree, or sentence, pronounced by any sheriff or justice under the authority of the act, can be quashed or vacated by any misnomer, informality, or defect of form; and all orders, decrees, and sentences so pronounced, are final and conclusive, and not subject to suspension, advocation, reduction, or to any form of review or stay of execution, except on the ground of (legal) corruption or malice on the part of the sheriff or justices (§ 542). Such of the general provisions with respect to jurisdiction, procedure, and penalties contained in the act, as are not inconsistent with the special rules before laid down for the conduct of legal proceedings, and the recovery of penalties in Scotland, extend, so far as the same are applicable, to these proceedings and penalties. But nothing in any way annuls or restricts the common law of Scotland, with regard to the prosecution or punishment of offences, at the instance, or by the direction, of the Lord Advocate,— -or the rights of owners or creditors in regard to enforcing a judicial sale of any ship and tackle,- —or to give to the High Court of Admiralty in England any jurisdiction in respect of salvage in Scotland, which it has not heretofore had or exercised (§ 543). APPENDIX. NOTE A.-P. 2. RULES TO BE OBSERVED IN BUILDING SHIPS. (From Lloyds' Register). TIMBERING. The whole of the timber to be of good quality, of the descriptions shown, as applicable to the several terms of years for which ships so constructed may respectively be appointed to remain on the List of the First Description of the First Class: the stem, stern post, beams, transoms, aprons, knightheads, hawse timbers, and kelson of ships claiming to stand twelve years, to be entirely free from all defects; the frame to be well squared from first foothook heads upwards and free from sap, and likewise below, unless the timber be proportionably larger than the scantling hereafter described; every alternate set of timbers to be framed and bolted together to the gunwale. The butts of the timbers to be close, and not to be less in thickness than one-third of the entire moulding at that place, and to be well chocked with a butt at each end of the chock. I.-The Scantlings to be as follows: Floors sided, if square, and free from sap, to be not less at the kelson than 8 in. 13 in. First foothooks sided, if square, at floor heads Second foothooks sided, if square, at the heads The frame to be moulded at floor heads 7 in. 11 in. Top timbers to be moulded at their heads at the shear strake 4 in. 5 in. The intermediate dimensions for the scantling of timbers between the floor heads and the gunwale to be regulated in proportion to the distance from the two points. Should the room and space be increased, the siding of the timbers to be increased in proportion. their length. To be moulded at the ends (not less than) Those at the after-end of the ship to be reduced in proportion to 5 in. 7 in. 7 in. 10 in. To be moulded in the middle (not less than) To be moulded at the ends (not less than) And to be sided Those at the after-end of the ship to be reduced in proportion to their length. The deck and hold beams to be sufficient in number,* and securely fastened to the sides either with lodging knees of iron or wood, or with shelf pieces; or with a shelf piece and knees; or with some other security equal thereto, so as sufficiently to connect the ends of the beams to the sides of the ship; and, in addition, all vessels of 200 tons shall have at least six vertical knees on each side to the DECK beams; and for every additional 50 tons measurement above 200 tons, they shall have one more hanging knee on each side. And ships of 400 tons shall likewise have to their HOLD beams at least eight vertical knees, either as standards or hanging knees (the latter being preferred), and for every additional 100 tons burthen, they shall have one more to each side. Every ship exceeding 150 tons, to have at least one crutch for the security of the heels of the after timbers of the frame; one pair of pointers in addition to a knee at each end of the wing transom to connect the stern frame with the after body of the ship; and a transom over the heels of the stern timbers properly kneed. * As regards the spacing of Beams, it appears to the Committee that the following scale would in general meet the convenience of stowage in all trades, as well as secure the requisite transverse strength, so essential to be attended to according to the tonnage of the vessel. The spaces between the beams (hatchways excepted) not to exceed the following distances: The scarphs of kelson, where only one kelson to be ft. Shifts of timber in ships of 200 tons and upwards, to be not less than one-seventh of the main breadth; and in ships under 200 tons, to be not less than one-sixth of the main breadth. PLANK. The outside planking shall be of good quality, of the description appointed, and shall be clear of all defects. The inside planking to be of the description shewn, and free from all foxy, druxy, or decayed planks. The whole to be properly shifted and fastened. No butts to be nearer than five feet to each other, unless there be a strake wrought between them, and then a distance of four feet will be allowed; and no butts to be on the same timber, unless there be three strakes between, as more particularly shown in the diagram; but vessels under 200 tons will be exempted from the full operation of this rule, and in ships of larger tonnage, a literal compliance with it will be dispensed with in cases wherein it may be satisfactorily proved that the departure from the rule is only partial, being confined to the ends of the ship, or the thin planking of the topside, and does not injuriously affect the ship's general strength; but such relaxation will not be sanctioned unless an accurate description of the shifting of the plank be transmitted by the Surveyors, to enable the Committee to form a proper judgment on the case. |