trafficked in, unlawfully trafficked in; and it shall also be lawful for any constable of police liquors are having an authority in writing from any justice of the peace or magistrate, or &c. from any chief constable, superintendent, lieutenant, or inspector of police, in any county, district, or burgh, and which they are severally hereby authorized to grant, to enter and inspect any such eating houses, toll houses, temperance hotels, shops, or places, or any such boats or vessels, within such county, district, or burgh respectively, at any time or times within eight days from the date of such writing, as may be specially mentioned in such writing; and any person who shall refuse to admit or shall not admit such officer of police or constable into any such eating house, temperance hotel, shop, or other place, boat or vessel, or shall offer obstruction to his admission thereto, shall thereby be guilty of an offence, and may be apprehended on a warrant to that effect granted by the sheriff or by any one justice of the peace or magistrate, and on being convicted thereof shall forfeit and pay a penalty not exceeding ten pounds, and failing immediate payment shall be imprisoned for a period not exceeding sixty days: And it shall be lawful for any officer of police or constable of any county, district, or burgh, without any written authority, at any time to enter and inspect any licensed inn and hotel or public house therein situated, and also, where he shall have reason to believe that a breach of certificate is being committed, at any time without written authority to enter and inspect the premises of any grocer or provision dealer trading in exciseable liquors; and any person who shall refuse to admit or shall not admit such officer of police or constable into such licensed inn and hotel, public house, or premises, or shall offer obstruction to his admission thereto, shall thereby be guilty of an offence, and on being convicted thereof shall forfeit and pay a penalty not exceeding ten pounds, and failing immediate payment of such penalty shall be imprisoned for a period not exceeding sixty days. 14. THE chief officer of police of every county, district, place, and burgh in Chief officer of Scotland shall, on the first lawful day of every week, transmit or cause to be police to report transmitted to the procurator fiscal appointed by the justices of the peace of such county or district, or procurator fiscal appointed by the magistrates of such burgh, respectively, a written report containing the names of all persons licensed to sell exciseable 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 special permission granted in virtue of this Act has been exercised; and such reports shall be brought by such procurator fiscal under the consideration of the justices of the peace and magistrates of every such county and burgh respectively when assembled to grant and renew certificates: Provided always, that, within two days after such report shall have been lodged with such procurator fiscal, notice in writing, by post, with postage prepaid, shall be sent by him, addressed to each licensed person at his licensed premises, of his having been so reported on; and such chief officer of police shall also, and to report without undue delay, report to the procurator fiscal or other party by this all offences, Act directed to prosecute offenders all offences committed against the recited Acts and this Act, or any of them, coming to his knowledge, and shall at all times use the means within his control for the detection, and, when necessary, the apprehension of all offenders. licensed persons, from whose premises persons in a state of intoxibeen seen cation have frequently to issue, &c; &c. 15. IF any person licensed to sell by retail any exciseable liquors not to Exciseable be consumed on the premises shall take or carry, or authorize or permit or carried into a liquors neighbouring house, shed, &c., with evasive intent, to be deemed to have been drunk on the premises. Persons hawk ing exciseable apprehended, &c., and on conviction shall be fined or imprisoned. suffer to be taken or carried, any such exciseable liquors out of or from the house, shop, or premises of such licensed person, for the purpose of being sold or hawked on his account, or for his benefit or profit, or for the purpose of being drunk or consumed for his benefit or profit in any other house, or in any tent, shed, or other premises, of any kind whatever, belonging to such person, or hired, used, or occupied by him, or in which he may be interested, such exciseable liquors shall be deemed and taken to have been drunk or consumed upon the premises of the person so licensed; and such person shall be deemed guilty of a breach of his certificate, and shall be liable in the penalties and expenses and forfeitures for such offence, as by the recited Acts and this Act provided. 16. EVERY person hawking spirits or other exciseable liquors shall thereby liquors may be be guilty of an offence, and may be taken into custody by any constable or officer of police, or, in the absence of any constable or officer of police, by any person whomsoever, and may be detained in any police office or station house, or other convenient place, and not later than in the course of the first lawful day after he shall have been so taken into custody shall be brought before a justice of the peace or magistrate, or, if not so taken into custody, or if he shall have been liberated on bail or pledge, may be summoned to appear before a justice of the peace or magistrate, and on being convicted of such offence shall forfeit and pay a penalty not exceeding ten pounds, and in default of immediate payment shall be imprisoned for a period not exceeding sixty days. Penalty on persons trafficking in exciseable liquors without a certificate, provided in 9 Geo. 4. c. 58. s. 30. Sheriff, magistrate, or justice may grant warrant to summon, or warrant to apprehend. Proof of trafficking in exciseable liquors in shebeens. 17. EVERY person trafficking in any spirits or other exciseable liquors in any place or premises without having obtained a certificate in that behalf in terms of this Act shall be guilty of an offence, and on being convicted thereof shall for each such offence forfeit and pay the full penalties provided in the thirtieth section of the said first-recited Act, together with the expenses of prosecution and conviction, and in default of immediate payment thereof shall be imprisoned for the entire periods respectively, prescribed by the said thirtieth section of the said first-recited Act: Provided always, that the penalty and term of imprisonment thereby provided for a third offence shall likewise be imposed in the case of every subsequent offence. 18. In the case of any person complained of for any offence against the recited Acts or this Act, excepting for breach of certificate, it shall be lawful for any sheriff, or any one justice or magistrate, to or before whom such complaint shall have been presented, unless by this Act otherwise provided, to grant warrant for summoning the person complained of, upon an induciæ of not less than forty-eight hours, to appear to answer to such complaint at a time and place to be therein specified; and in the case of any person complained of for trafficking in spirits or other exciseable liquors in any place or premises without having obtained a certificate in that behalf, it shall be lawful for any sheriff or any one justice or magistrate, if he shall see fit, instead of granting warrant to summon such offender, to grant warrant to apprehend such offender to answer to the complaint, and to be further dealt with as is provided by said recited Acts and this Act. 19. In order to warrant the conviction of any person for trafficking in any spirits or other exciseable liquors in any place or premises without a certificate in that behalf, it shall be sufficient, in the absence of contrary evidence, to prove that some person other than the owner or occupant of such place or premises shall at the time charged have been found in such place or premises drunk or drinking, or having had drink supplied to him therein, and that such place or premises is or are 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 exciseable liquors; and every person found in any shebeen drunk Persons found or drinking shall thereby be guilty of an offence, and may at the time be taken into custody by any officer of police or constable, and detained in any police office or station house, or other convenient place, and not later than in the course of the first lawful day after he shall be so taken into custody shall be brought before a justice of the peace or magistrate, or, if not so taken into custody, or if he shall have been liberated on bail or pledge, may be summoned to appear before a justice of the peace or magistrate, and on being convicted Penalty. of such offence shall forfeit and pay a penalty not exceeding ten shillings, and in default of immediate payment thereof shall be imprisoned for a period not exceeding ten days. in shebeens drunk or drinking may be taken into custody, &c. seize excise unlicensed 20. It shall be lawful for any justice of the peace of any county or district, Warrant may or magistrate of any burgh, upon being satisfied by the personal examination be granted to on oath of a credible witness that there is reasonable ground for believing that able liquors exciseable liquors are trafficked in within any house or other premises within found in such county or burgh, as the case may be, not licensed for the sale thereof, or premises. by any person not having a licence to sell exciseable liquors in or at such. house or premises, or that such liquors are illegally kept for sale or for the purpose of being trafficked in at such house or premises, to grant warrant under his hand authorizing any chief constable, superintendent, lieutenant, inspector, or sergeant of police, with any police officers or constables, to enter such house or place at all times and to search for exciseable liquors, and, if the same be found in such house or place exceeding one gallon, to seize such exciseable liquors, together with the vessel or vessels in which the same are contained; and such warrant shall continue in force for one month from the date thereof, and shall be a sufficient authority to the chief constable, superintendent, lieutenant, inspector, or sergeant of police therein named, and their assistants respectively, to enter into such house or place and seize all such liquors as aforesaid and the vessels containing the same, and to carry away and retain the same until disposed of as herein-after provided: And the person occupying or using the premises where such liquors shall be found as aforesaid shall thereby be guilty of an offence, and on being convicted thereof shall forfeit Penalties, &c. and pay for the first offence a penalty not exceeding five pounds nor less than two pounds, and in default of immediate payment shall be imprisoned, with or without hard labour, for any term not exceeding thirty days nor less than ten days, and for the second and every subsequent offence a penalty not exceeding ten pounds nor less than five pounds, and in default of immediate payment shall be imprisoned, with or without hard labour, for any term not exceeding sixty days nor less than thirty days: And all such exciseable liquors and the vessels containing the same so seized as aforesaid shall be forfeited and sold, without further warrant, and the proceeds of such sale shall be paid into the rogue money 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, in which the premises in which such liquors shall have been found are situate. Penalty on disorderly persons refusing to quit licensed houses on request or at the time of closing. Penalty on persons falsely representing themselves to be travellers. Penalty on persons found intoxicated and incapable of themselves. 21. EVERY person who shall be riotous, quarrelsome, or disorderly in any shop, house, premises, or place licensed for the sale of spirits, wine, porter, ale, beer, or other exciseable liquors by retail, whether to be consumed on the premises or not, and shall refuse or neglect to quit such shop, house, premises, or place, upon being requested so to do by the occupier or manager thereof, or his agent or servant, or by any constable, and every person who shall refuse to quit such shop, premises, or place at the time of closing prescribed by this Act, on being required to do so as aforesaid, shall thereby be guilty of an offence, and may be taken into custody by any officer of police or constable, and detained in any police office or station house, or other convenient place, and not later than in the course of the first lawful day after he shall have been so taken into custody shall be brought before a sheriff or any one justice of the peace or magistrate, or, if not so taken into custody, or if he shall have been liberated on bail or pledge, may be summoned to appear before a sheriff or any one justice of the peace or magistrate, and on being convicted of such offence shall forfeit and pay a penalty not exceeding forty shillings, and in default of immediate payment shall be imprisoned for a period not exceeding twenty days; and all constables are hereby authorized and empowered to assist in expelling such riotous, quarrelsome, or disorderly person refusing to quit the premises at the hour of closing from such shops, houses, premises, and places. 22. EVERY person who by any wilfully false representation shall induce any inn and hotel keeper, or the servant of any inn and hotel keeper, to sell or give out to him exciseable liquors on any Sunday, or to sell or give out to him exciseable liquors on any other day during hours when the sale of exciseable liquors, excepting to lodgers or travellers, is prohibited by the certificate of such inn and hotel keeper, shall thereby be guilty of an offence, and on being convicted thereof by any sheriff or any one justice of the peace or magistrate shall forfeit and pay a penalty not exceeding five pounds, and in default of immediate payment shall be imprisoned for a period not exceeding thirty days. 23. EVERY person found in a state of intoxication, and incapable of taking care of himself, and not under the care or protection of some suitable person, in any street, thoroughfare, or public place, shall be thereby guilty of an offence, taking care of and may be taken into custody by any officer of police or constable, and detained in any police office or station house, or other convenient place, and not later than in the course of the first lawful day after he shall have been so taken into custody shall be brought before a sheriff or any one justice of the peace or magistrate, or, if not so taken into custody, or if he shall have been liberated on bail or pledge, may be summoned to appear before such a sheriff, justice of the peace, or magistrate, and on being convicted of such offence shall forfeit and pay a penalty of five shillings, and in default of immediate payment shall be imprisoned for a period not exceeding twenty-four hours. Penalty for harbouring constables while on duty. 24. EVERY person licensed to sell spirits, wine, porter, ale, beer, cyder, perry, or other exciseable liquors by retail, whether to be drunk or consumed on the premises or not, who knowingly harbours or entertains, or suffers to remain in the licensed premises wherein he carries on his business, any constable during any part of the time appointed for his being on duty, unless for the purpose of quelling any disturbances or restoring order, or otherwise in the discharge of his duty, shall be guilty of an offence, and on being convicted thereof shall forfeit and pay a penalty not exceeding five pounds, and in default of immediate payment shall be imprisoned for a period not exceeding thirty days. offences. fiscal, &c. 25. EVERY person who, after the passing of this Act, shall commit any Prosecution of breach of certificate, or who shall in any other manner offend against either of the recited Acts or this Act, shall be prosecuted, and all penalties, together with the expenses of prosecution and conviction, to be ascertained on conviction, shall be recovered, unless by this Act otherwise specially directed or authorized, before the sheriff or any two or more justices of the peace of the county or any magistrate of the burgh having jurisdiction in the county or burgh, as the case may be, in which such offender shall reside or such offence shall have been committed, at the instance of the procurator fiscal, or of such other party as shall be specially appointed to prosecute such class of offences by the justices of the peace of the county in general quarter sessions assembled, or the magistrates of the burgh, as the case may be, and which appointment they are hereby specially authorized to make; and such justices of the peace in general Remuneration of procurator quarter sessions, or magistrates, as the case may be, shall from time to time fix a reasonable sum in name of salary, or a reasonable rate of remuneration by fees for prosecutions and all other business under this Act, to be paid annually to such procurator fiscal or other party appointed to prosecute as aforesaid; and which salary, or the amount of the account of such fees, as the same shall be taxed by the clerk of the peace of the county or district, or the town clerk of the burgh, as the case may be, together with all necessary and proper outlays attending such prosecutions, and also the execution of the recited Acts and this Act, shall form a proper charge against, and shall be paid annually out of the rogue money, or other fund of the county out of which the expenses of criminal prosecutions are in use to be paid, and in burghs out of the police funds, or, where there are no police funds, out of the corporation funds of the burgh, as the case may be; and all penalties and expenses of prosecutions and Application of convictions incurred under and imposed by the recited Acts and this Act shall, penalties and when recovered, if adjudged by any sheriff, or justice or justices of the peace, or magistrate of any burgh or place other than a royal or parliamentary burgh, be wholly paid into the rogue money fund of the county, and, if adjudged by any magistrate or police judge of any royal or parliamentary burgh, be wholly paid into the police funds, or, where there shall be no police funds, into the corporation funds of the burgh in which such penalties shall be imposed respectively. expenses. 26. EVERY offence committed against the recited Acts and this Act, or any Offences how of them, may, except where inconsistent with the provisions and conditions of to be tried. this Act, be tried and determined in a summary manner, without any written. pleadings, or record, or notes of evidence, and before the courts, and subject to the provisions and conditions, provided in the said recited Acts or either of them; but in any prosecution under the recited Acts and this Act, or any of them, the complaint and procedure following thereupon shall be in the form, or as nearly as may be in the form, provided by schedule (D.) to this Act annexed; and it shall be lawful for the sheriff, justice or justices, magistrate or magistrates, before whom such prosecution is brought, to proceed in absence of the accused, upon proof by the oath of an officer or constable that the accused has |