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.