Salmon Fisheries (Scotland) Act 1868

30 Prosecution for Offences under this Act, and Recovery of Penalties.

All Offences under this Act may be prosecuted, and all Penalties incurred under this- Act may be recovered, before any Sheriff or any Two or more Justices acting together, and; having Jurisdiction in the Place where the Offence was committed, at the Instance of the Clerk of. any District Board, or of any other Person; and it shall be lawful for the Sheriff or Justices to whom any Petition or Complaint is presented to proceed in a summary Form, and to grant Warrant for bringing the Persons complained against before him or them, or for citing them to appear before him or them, and on Proof on Oath by One or more credible Witness or Witnesses, or Confession of the Person accused, or other legal Evidence, forthwith to determine and give Judgment in such Complaint, without any written Pleadings or Record of Evidence other than a Record of the Charge and of the Judgment pronounced thereon, and to grant Warrant for the Recovery of all Penalties and Expenses decerned for by Poinding, and Imprisonment for any Period not exceeding Six Months ; and any Person who shall think himself aggrieved by any Judgment of the Sheriff or Justices pronounced in any Complaint or Prosecution under this Act may appeal to the Court of Justiciary at their next Circuit Court, or where there is no Circuit Court to the High Court of Justiciary at Edinburgh, in the Manner and under the Rules, Limitations, Conditions, and Restrictions contained in the Act passed in the Twentieth Tear of the Reign of His Majesty King George the Second, Chapter Forty-three, for taking away and abolishing Heritable Jurisdictions in Scotland, with this Variation that such Person shall, in place of finding Caution in the Terms prescribed by the said Act, be bound to find Caution to pay the Penalty and Expenses awarded against him by the Judgment appealed from in the event of such Appeal being dismissed, together with any additional Expenses that shall be awarded by the Circuit Court or Court of Justiciary on dismissing such Appeal; and it shall not be competent to appeal from or bring the Judgments of any Sheriff or Justices acting under this Act under Review by Advocation, or in any other "Way than as herein provided.