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A.D. 1878. of duty, or by neglect of duty, or by reason of drunkenness, does

any act tending to the immediate loss, destruction, or serious damage
of such ship, or tending immediately to endanger the life or limb
of any person belonging to or on board of such ship, or who by
wilful breach of duty, or by neglect of duty, or by reason of drunk- 5
enness, refuses or omits to do any lawful act proper and requisite
to be done by him for preserving such ship from immediate loss,
destruction, or serious damage, or for preserving any person be-
longing to or on board of such ship from immediate danger to life
or limb.

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Subject to the provisions of this Act Her Majesty may at any
time, by and with the advice of the Lord Chancellor, the Lord Chief
Justice of England, and the other judges of the High Court, or of
the greater number of them (of whom the Lord Chancellor and the 20
Lord Chief Justice of England shall be two), cause to be prepared
rules providing-

(a.) For the regulation of proceedings incidental to the trial of
cases in the High Court either upon an order made to change the
place of trial to the High Court from some other court, or upon a

25 criminal information, or upon the finding of a bill by the grand jury of Middlesex ; and it shall be lawful by such rules to abolish trials at bar, and to substitute therefor such other mode of trial as may be thought proper.

(6.) For the regulation of all matters relating to proceedings before 30 the Court of Appeal in Criminal Cases not hereby provided for,

(c.) Generally for the regulation of any matters relating to the practice and procedure of the superior courts and courts of quarter session in criminal matters, for which provision is not expressly made by this Act.

35

1 30

33

A.D. 1878.

SECTION 284.

CIVIL REMEDY NOT TO BE SUSPENDED BY FACT THAT ACT IS A CRIMINAL

OFFENCE.

From the passing of this Act no civil remedy which any person 5 may have against any other person for any act or omission shall be

suspended or in any way affected by the fact that such act or omission amounts to a criminal offence; but if upon any civil proceeding it

appears to the court that the act or omission for which the action is brought amounts to a criminal offence, the court may give 10 the same directions and take the same measures for the prosecution

of the defendant as are herein-after authorised with regard to persons who appear to the court to have committed perjury.

The word court has the same meaning in this section as in section 323.

15

SECTION 285.

PROCEEDINGS AGAINST PERSONS ACTING UNDER THIS ACT.

20

25

The

following rules shall be observed as to all actions and prosecutions commenced against any person for anything done in pursuance of this Act.

(a.) The case shall be tried in the county where the thing complained of was done, unless the person proceeded against consents to its being tried elsewhere, and the power herein-after given to the High Court to order the place of trial to be changed shall not extend to any such prosecution.

(6.) The action or prosecution must be commenced within six months after the thing complained of is done.

(c.) Notice in writing of the plaintiff's intention to bring such action, and of the cause thereof, must be given to the defendant at

least one month before its commencement. 30

(d.) The defendant may plead in general that the thing complained of was done in pursuance of this Act, and upon that plea may prove any special matter in his defence.

(e.) The defendant may tender a sum of money to the plaintiff by way of amends before the action is brought, or pay a sum of money 35 into court after it is brought, and if such amends appear upon the trial to be sufficient, the plaintiff shall not be entitled to recover.

(f.) If the defendant becomes entitled to recover costs from the plaintiff, he shall recover his full costs as between solicitor and

A.D. 1878. of duty, or by neglect of duty, or by reason of drunkenness, does

any act tending to the immediate loss, destruction, or serious damage
of such ship, or tending immediately to endanger the life or limb
of any person belonging to or on board of such ship, or who by
wilful breach of duty, or by neglect of duty, or by reason of drunk- 5
enness, refuses or omits to do any lawful act proper and requisite
to be done by him for preserving such ship from immediate loss,
destruction, or serious damage, or for preserving any person be-
longing to or on board of such ship from immediate danger to life
or limb.

10

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Subject to the provisions of this Act Her Majesty may at any time, by and with the advice of the Lord Chancellor, the Lord Chief Justice of England, and the other judges of the High Court, or of the greater number of them (of whom the Lord Chancellor and the 20 Lord Chief Justice of England shall be two), cause to be prepared rules providing

(a.) For the regulation of proceedings incidental to the trial of cases in the High Court either upon an order made to change the place of trial to the High Court from some other court, or upon a 25 criminal information, or upon the finding of a bill by the grand jury of Middlesex ; and it shall be lawful by such rules to abolish trials at bar, and to substitute therefor such other mode of trial as may be thought proper.

(6.) For the regulation of all matters relating to proceedings before 30 the Court of Appeal in Criminal Cases not hereby provided for,

(c.) Generally for the regulation of any matters relating to the practice and procedure of the superior courts and courts of quarter session in criminal matters, for which provision is not expressly made by this Act.

35

A.D. 1878.

SECTION 284.

CIVIL REMEDY NOT TO BE SUSPENDED BY FACT THAT ACT IS A CRIMINAL

OFFENCE.

From the passing of this Act no civil remedy which any person 5 may have against any other person for any act or omission shall be

suspended or in any way affected by the fact that such act or omission amounts to a criminal offence; but if upon any civil proceeding it appears to the court that the act or omission for which the

action is brought amounts to a criminal offence, the court may give 10 the same directions and take the same measures for the prosecution

of the defendant as are herein-after authorised with regard to persons who appear to the court to have committed perjury.

The word court has the same meaning in this section as in section

323.

15

SECTION 285.

PROCEEDINGS AGAINST PERSONS ACTING UNDER THIS ACT.

The following rules shall be observed as to all actions and prosecutions commenced against any person for anything done in

pursuance of this Act. 20 (a.) The case shall be tried in the county where the thing com

plained of was done, unless the person proceeded against consents to its being tried elsewhere, and the power herein-after given to the High Court to order the place of trial to be changed shall not

extend to any such prosecution. 25

(6.) The action or prosecution must be commenced within six months after the thing complained of is done.

(c.) Notice in writing of the plaintiff's intention to bring such action, and of the cause thereof, must be given to the defendant at

least one month before its commencement. 30 (d.) The defendant may plead in general that the thing complained

of was done in pursuance of this Act, and upon that plea may prove any special matter in his defence.

(e.) The defendant may tender a sum of money to the plaintiff by way of amends before the action is brought, or pay a sum of money 35 into court after it is brought, and if such amends appear upon the trial to be sufficient, the plaintiff shall not be entitled to recover.

(f.) If the defendant becomes entitled to recover costs from the plaintiff, he shall recover his full costs as between solicitor and

A.D. 1878. client, and have the same remedy as any defendant has by law in

other cases.

(9.) If the plaintiff becomes entitled to costs he shall not recover them unless the judge before whom the trial takes place certifies his approval of the action.

5

SECTION 286.

ABOLITION OF DISTINCTION BETWEEN FELONY AND MISDEMEANOR.

From the time when, this Act comes into force the distinction between felonies and misdemeanors shall be abolished, and all indictable offences shall be proceeded against in the same manner; 10 provided that nothing herein contained shall affect any specific punishment appointed for any offence by any Act of Parliament now in force: Provided also, that Peers of Parliament shall be entitled to the same privilege in respect of indictable offences, upon conviction of which the offender may be sentenced to death or penal servitude, 15 as they now are with respect to treason and felony: Provided also, that from the passing of this Act every disqualification which attaches to a conviction for felony shall attach to a conviction of any offence committed after the passing of this Act for which the offender might when he was convicted have been sentenced to 20 death, transportation, or penal servitude.

CHAPTER XXXIX.

WHAT OFFENCES TRIABLE IN ENGLAND, AND BY

WHAT COURTS.

SECTION 287.

25

WHAT OFFENCES MAY BE TRIED IN ENGLAND.

Every person may be proceeded against in England, according to the provisions herein-after contained, for any indictable offence to which this Act extends, or for which he may be tried in England under the provisions of any other statute now or hereafter to be in 30 force.

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