332 



ACT 39 AND 40 VIC. C. 77 



A.D. 1876. 



Prosecution of 

 offences and 

 recovery of pen- 

 alties in Scot- 

 land. 



Prosecution of 



recovery of pen- 

 alties in Ireland. 



other security by deposit of money or otherwise as 

 the justice may allow ; and 



(4.) Where the appellant is in custody the justice may, if 

 he think fit, on the appellant entering into such 

 recognizance or giving such other security as afore- 

 said, release him from custody ; and 



(5.) The court of appeal may adjourn the appeal, and upon 

 the hearing thereof they may confirm, reverse, or 

 modify the decision of the court of summary juris- 

 diction, or remit the matter to the court of summary 

 jurisdiction with the opinion of the court of appeal 

 thereon, or make such other order in the matter as 

 the court thinks just, and if the matter be remitted 

 to the court of summary jurisdiction the said last- 

 mentioned court shall thereupon re-hear and decide 

 the information in accordance with the order of the 

 said court of appeal. The court of appeal may also 

 make such order as to costs to be paid by either 

 party as the court thinks just. 



17. In Scotland, offences against this Act may be prosecuted 

 and penalties under this Act recovered under the provisions of 

 the Summary Procedure Act, 1864, or if a person accused of 

 any offence against this Act in respect of which a penalty of 

 more than five pounds can be imposed, on appearing before a 

 court of summary jurisdiction, declare that he objects to being 

 tried for such offence in the court of summary jurisdiction, 

 proceedings may be taken against him on indictment in the 

 Court of Justiciary in Edinburgh or on circuit. 



Every person found liable in any penalty or costs shall be 

 liable in default of immediate payment to imprisonment for 

 a term not exceeding three months, or until such penalty or 

 costs are sooner paid. 



18. In Ireland, offences against this Act may be prosecuted 

 and penalties under this Act recovered in a summary manner, 

 subject and according to the provisions with respect to the 

 prosecution of offences, the recovery of penalties, and to appeal 

 of the Petty Sessions (Ireland) Act, 1851, and any Act amend- 

 ing the same, and in Dublin of the Acts regulating the powers 



