Offences by the without certificate.—Every person in Scotland who keeps a common inn, alehouse, or victualling-house, and sells any excisable liquors by retail to be consumed on the premises, or the places immediately adjoining the same, without a certificate in that behalf according to law, upon being convicted thereof forfeits and pays for the first offence ein with expenses, with the alternative of imprisonment for six weeks ; for the second offence .e15 with expenses, or imprisonment for three calendar months ; and for the third offence 1)30 with expenses, or imprisonment fot. six months. These penalties and terms of imprisonment may be mitigated by the Court, provided that by such mitigation they are not reduced re spectively to less than one-fourth part thereof, and that the respective penalties are over and above any penalties incurred or paid for the offence under the revenue laws. The penalties may be sued for and recovered within six months after the commission of the offence. Selling spirits without certificate. Grocers.—Every person bartering or selling spirits without having obtained a certificate, and every dealer in groceries or other provisions to be consunied elsewhere than on the premises supplying, whether gratuitously or otherwise, spirits to be consumed on the premises, is deemed guilty of an offence, and is liable to the penalties and imprisonment mentioned in the immediately preceding paragraph, and after three convictions he is incapable of holding a licence for the sale of excisable liquor in all time coming. Trqfficking in excisable liquors without certifwate.—Every person trafficking in any spirits or other excisable liquors in any place or premises without having obtained a certificate in that behalf is guilty of an offence, and liable to like penalties or imprisonment as above. And it is provided that the penalty and term of imprisonment hereinbefore mentioned for a third offence will likewise be imposed in the case of every subsequent offence. Sweets.—Every person trafficking in sweets without having obtained a certificate is guilty of an 'offence, and liable to a penalty of X10 or im prisonment for two months ; and all the foregoing provisions relating to penalties and forfeitures and to breaches of or offences against the terms and conditions of certificates, apply to breaches of or offences against the terms and conditions of certificates granted for the sale of sweets. Hawkers.—Hawkers of excisable liquors are guilty of an offence, and may be taken into custody by any constable or officer of police, or failing them by any other person, and on conviction are liable to a penalty of X10 or imprisonment for sixty days. Rcfitsing to quit.—Every person who is riotous, quarrelsome, or disorderly in any shop, house, premises, or place licensed for the sale of spirits, wine, porter, ale, beer, or other excisable liquors by retail, whether to be consumed on the premises or not, and refuses or neglects to quit the premises upon being requested so to do by the occupier or manager thereof, or his agent or servant, or by a constable, and every person who refuses to quit such premises at the time of closing prescribed by law, is guilty of an offence, and may be taken into custody, and on conviction is liable to a penalty of .e2 or im prisonment for twenty days. Constables are authorised to assist in expelling such persons refusing to quit the premises at closing time. Travellers.— Every person who by any wilfully false representation induces any inn- and hotel-keeper, or his servant, to sell or give out to him excisable liquors on any Sunday, or on any other day during hours when the sale of excisable liquors, excepting to lodgers or travellers, is prohibited by the certificate of such inn- and hotel-keeper, is guilty of an offence, and on conviction liable to a penalty of ,E5 or imprisonment for thirty days. Drunk and incapable persons.—Every person found in a state of intoxication and incapable of taking care of himself, and not under the care of some suitable person, in any street, thoroughfare, or public place, is guilty of an offence, and mb.y be taken into custody, and on conviction is liable to a penalty of five shillings or imprisonment for twenty-four hours. Shebeens.—Every person found in any shebeen drunk or drinking is guilty of an offence, and may be taken into custody, and on conviction is liable to a fine of ten shillings or imprisonment for ten days.
Legal person making complaint before a court of a breach of certificate, may state in the complaint that the defender is a person keeping a common inn, alehouse, or victualling-house, under a certificate to him in that behalf granted, and selling excisable liquors by retail under excise licences, and setting forth the particular breach or breaches of the terms and conditions of the certificate complained of, and also whether it is the first, second, or third offence. Thereupon the Court will grant a warrant to summon the party to appear at a time and place specified (such summons being served at least six free days before the diet of appearance) to attend the hearing of the complaint ; at which time and place, if the said party appears and pleads to the charge, or in case of his non-appearance, on proof of clue service of the summons, the Court may inquire into the truth of the allegations in the complaint. On the same being proved, either by confession or testimony of witnesses, or other legal evidence, the Court pronounces judgment, and convicts the said party of the offence complained against, without any written pleadings or record of evidence, provided a record is kept of the charge and the judgment. The Court may adjourn the hearing to a subsequent day, and may summon before it witnesses, and require them to produce such writings and entries as may be required for the due decision of the case; and all such records to be so preserved must be in the prescribed form. Service of notice to appear.—When a warrant is issued for summoning any person to appear to answer a complaint, the directing such summons to him by the name in which the certificate was granted, or by the name by which said person is or has been usually known (whether real or assumed), and the leaving a copy of the complaint and of the warrant, with a citation annexed subscribed by the officer, at the house, outhouse, or premises in which the offence has been committed, or if admittance cannot be obtained, the affixing a copy to the door or other conspicuous part outside of the premises, is deemed as good and effectual a summons as if the same had been personally delivered to the party for whom the summons was intended, and to whom the same was intended to be served. Trial of offences.—Every offence committed against the Licensing Acts may, except when inconsistent with the provisions thereof, be tried and determined in a summary manner, subject to the same provisions ; and the sheriff, justices, magistrates, or judge of police before whom a prosecution is brought may proceed in absence of the accused, upon proof by the oath of an officer or constable that the accused has been duly summoned. Offences at common law.—Nothing in the Licensing Acts prevents anything done which may be an offence against them, but which might have been prosecuted and punished as an offence at common law, or under any other Act, if the Licensing Acts had not been passed, from being so prosecuted and punished as if they had not been passed. Warrant to apprehend.—In the case of any person complained of for trafficking in spirits or other excisable liquors in any place or premises without a certificate in that behalf, a sheriff' or any one justice or magistrate may, instead of granting warrant to summon the offender, grant warrant to apprehend him to answer to the complaint, and to be further dealt with 8,s is provided by law. Powers of police.—Any chief constable, superintendent, lieutenant, or inspector of police may at any time enter and inspect an eating-house, toll-house, temperance hotel, shop or other place, or any boat or vessel, where food or drink of any kind is sold to be consumed on the premises, or in which he has reason to believe that excisable liquors of any kind are being unlawfully trafficked in. And so
also may a constable of police having an authority in writing from a justice or magistrate, or from any chief constable, superintendent, lieutenant, or inspector of police, in any county, district or burgh, to enter and inspect any such places, boats or vessels as above mentioned, within such county, district or burgh, respectively, at any time within eight days from the date of such writing, as may be specially mentioned therein. Any person refusing to admit such officer of police or constable into such place or vessel or boat as aforesaid, or obstructing him, is guilty of an offence, and may be apprehended on a warrant, and on conviction is liable to a fine of 110 or imprisonment for sixty days. An officer of police or constable without any written authority may at any time enter and inspect any licensed inn and hotel or public-house in his district.; and also, when he has reason to believe that a breach of certificate is being committed, he may at any time without written authority enter and inspect the premises of any grocer or provision dealer trading in excisable liquors. Persons refusing him admission or obstructing him are guilty of an offence, and on conviction are liable to a fine of 11.0 or imprisonment for sixty days. Excisable liquors found in unlicensed premises.—Any justice of the peace or magistrate, as the case may be, on being satisfied by the examination on oath of a credible witness that there is reasonable ground for believing that excisable liquors are trafficked in within any premises not licensed for the sale thereof, or by any person not having a licence to sell excisable liquors thereat, or that such liquors are illegally kept for sale or for the purpose of being trafficked in thereat, may grant warrant under his hand authorising any chief constable, superintendent, lieutenant, inspector, or sergeant of police, with police officers or constables, to enter such premises at all times and to search for excisable liquors, and if the same be there found exceeding one gallon to seize the same, together with the vessels in which they are contained ; such warrant continues in force for one month, and is a sufficient authority to the various officers and their assistants as above mentioned, to do all the acts above described, and to carry away and retain the said liquors and vessels until disposed of. The person occupying or using the premises where such liquors are found is thereby guilty of an offence, and is on conviction liable for the first offence to a fine of S5 or imprisonment, with or without hard labour, for thirty days, and for every subsequent offence to a fine of X10 or sixty days' similar imprisonment. All excisable liquors and the vessels containing them so seized are forfeited, and will be sold without further warrant, and the proceeds are paid into the funds-of the county or police funds of the burgh, and where there are no police funds into the corporation funds of the burgh, as the case may be. Chic'. officer to report drunkenness on licensed premises.—The chief officer of every county, district, place, and burgh or police burgh in Scotland, on the first lawful day of every week transmits to the procurator-fiscal a written report containing the names of all persons licensed to sell excisable liquors by retail, from whose premises persons in a state of intoxication have been frequently seen to issue, and of the manner in which any such special permission granted as aforesaid has been exercised. These reports are brought under the consideration of the justices and magistrates respectively when assembled to grant and renew certificates. But within two days after any such report has been so lodged, notice in writing by post, with postage pre paid, must be sent to each licensed person at his licensed premises of his having been so reported on. The chief officer of police also forthwith reports to the procurator-fiscal all offences against the Licensing Acts coming to his knowledge, and uses at all times all the means within his control for the detection and, when necessary, the apprehension of all offenders. ReAistration of convictions.—Every conviction under the Licensing Acts for breaches of the terms and conditions of a certificate are, within six days after the conviction, transmitted by the clerk to the juStices or magistrates to the clerk of the peace or town-clerk, as the case may be, under a penalty of ,E5. The clerk of the peace and town-clerk keep these convictions among the records of the county or town respectively ; and they enter in the register the date of each conviction, specifying whether it is the first, second, or third conviction, and the register is produced by the clerk of the peace and town-clerk at every general or district meeting of justices and magistrates. Clerk to certib con victioas.—The clerk of the peace and the town-clerk certify to the commis sioners of Inland Revenue, or the collector or supervisor of excise in the particular collection or district, the conviction of any person convicted of an offence in breach of the terms of his certificate, by which conviction the certificate has been adjudged null and void. Appeal to.quarter-sessions.— If a person consider himself to be aggrieved by any judgment, whether of conviction or of absolvitor, given upon any complaint presented under the Licensing Acts, he may appeal therefrom to the next quarter-sessions. But no such appeal will be heard unless the appellant, within eight days next after the judgment, lodge his appeal with the clerk and find caution to abide the appeal and pay such sums as may be finally awarded, and also serve a copy of the appeal upon the opposite party within the eight days. An appeal lies also against warrants, orders, and decisions of sheriffs, justices or magistrates, in certain cases only, to the next Circuit Court of Justiciary, or where there is none, to the High Court of Justiciary at Edinburgh. Limi tation of actions.—Every action against any sheriff, justice, or justices of the peace, magistrate, or judge acting under any general or Police Act, or against any sheriff-clerk, dell{ of the peace, or town-clerk, or any procurator-fiscal, superintendent, or other officer of police, or constable, or other person on account of anything done in execution of the Licensing Acts, must be com menced within two months after the cause of action or prosecution has arisen, and not afterwards. Proof of trcchrzcking in shebeens.—In order to warrant the conviction of any person for trafficking in any excisable liquors in any place or premises without a certificate in that behalf, it is sufficient, in the absence of contrary evidence, to prove that some person other than the owner or occupant of such place or premises has at the time charged been found therein drunk or drinking, or having had drink supplied to him therein, and that such place or premises is or arc by repute kept as a shebeen, or at the time charged contained drinking utensils and fittings usually found in houses licensed for the sale of excisable liquors. Confession or oath of one person prosecuted for keeping a common inn, alehouse, or victualling-house, and retailing without such certificate as aforesaid, may be legally convicted thereof on his own confession, or on proof by the oath or affirmation of one or more credible witness or witnesses or other legal evidence ; and all such prosecutions are subject to the same rules as prosecutions for breaches of the terms of a certificate granted as aforesaid, in so far as the same are applicable thereto.