736

SECRETARIAL PRACTICE
Prosecution of 366. All offences under this Act made punishable by any fine max
Toy pes punish- be prosecuted under the Summary Jurisdiction Acts.

Application of

fines.

367. The court imposing any fine under this Act may direct that
the whole or any part thereof shall be applied in or towards payment
of the costs of the proceedings, or in or towards the rewarding the
person on whose information or at whose suit the fine is recovered,
and subject to any such direction all fines under this Act shall, not-
withstanding anything in any other Act, be paid into the Exchequer.

368. Nothing in this Act relating to the institution of criminal
proceedings by the Director of Public Prosecutions shall be taken ta
preclude any person from instituting or carrying on any such
proceedings.

Saving as to
private
prosecutors,

Saving for
privileged
communications.

369. Where proceedings are instituted under this Act against any
person by the Director of Public Prosecutions or by or on behalf of
the Lord Advocate, nothing in this Act shall be taken to require any
person who has acted as solicitor for the defendant to disclose any
privileged communication made to him in that capacity.
Service of Documents and Legal Proceedings.
Sepvjceet ocr 370.—(1) A document may be served on a company by leaving
any. it at or sending it by post to the registered office of the company.
(2) Where a company registered in Scotland carries on business
in England, the process of any court in England may be served on
the company by leaving it at or sending it by post to the principal
place of business of the company in England, addressed to the
manager or other head officer in England of the company.
(3) Where process is served on a company under subsection (2)
of this section, the person issuing out the process shall send a Copy
thereof by post to the registered office of the company.
Costs in actions
by certain
limited
companies.

Power of court
to grant relief
in certain cases.

371. Where a limited company is plantiff or pursuer in any action
or other legal proceeding, any judge having jurisdiction in the
matter may, if it appears by credible testimony that there is reason
to believe that the company will be unable to pay the costs of the
defendant if successful in his defence, require sufficient security to be
given for those costs, and may stay all proceedings until the security
is given.
'372.—(1) If in any proceeding for negligence, default, breach
of duty, or breach of trust against a person to whom this section
applies it appears to the court hearing the case that that person
is or may be liable in respect of the negligence, default, breach of duty
or breach of trust, but that he has acted honestly and reasonably,
and that, having regard to all the circumstances of the case, including
those connected with his appointment, he ought fairly to be excused
for the negligence, default, breach of duty or breach of trust, that
court may relieve him, either wholly or partly, from his liability
on such terms as the court mav think fit.