ÆäÀÌÁö À̹ÌÁö
PDF
ePub

Power to justices or magistrates to summon witnesses.

Punishment of

witnesses refusing to attend or give evidence or prevaricating.

Power to

and detain offenders.

been duly summoned, or to issue his or their warrant for apprehending and bringing the accused before him or them, as the case may be.

27. It shall be lawful for any justice of the peace or magistrate, in any application for the granting or renewing of a certificate under the provisions of the recited Acts or this Act, or in dealing with any objection to such applications, or in any other matter arising under the provisions of the said recited Acts and this Act, or any of them, to grant warrant to summon witnesses and havers on behalf of any party interested; and it shall be lawful for the justice or justices of the peace, magistrate or magistrates, before whom respectively any such application, objection, or matter shall be depending, to examine all such witnesses and havers on oath or solemn affirmation, and to do and perform all things necessary for the due and proper hearing and determination of the cause or matter: And any person summoned as a witness or as a haver to appear before any sheriff, justice or justices of the peace, or magistrate, touching any matter arising out of the recited Acts or this Act, either on the part of the complainer or of the person complained against, or of any person interested in such matter, who shall neglect or refuse to appear at the time and place for that purpose appointed, and who shall not make such reasonable excuse for such neglect or refusal as shall be admitted and allowed by such sheriff, justice or justices, or magistrate, may, when it shall be proved on oath that he has been duly summoned at least twenty-four hours before the meeting of the diet of the court, be apprehended and committed to prison under the warrant of the said sheriff, justice or justices, or magistrate, till he finds security to appear and give evidence; and any person who shall so neglect or refuse to appear, or who appearing shall refuse to be examined on oath or solemn affirmation, shall thereby be guilty of an offence, and on being convicted thereof shall forfeit and pay any sum not exceeding five pounds, and in default of immediate payment shall be imprisoned for a period not exceeding thirty days; and if any person who, under examination on oath or solemn affirmation before any sheriff, justice or justices, or magistrate, in auy matter arising under the provisions of the said recited Acts or this Act, shall prevaricate or wilfully conceal the truth, it shall be lawful to such sheriff, justice or justices, or magistrate, in open court, without any formal complaint and in a summary manner, to adjudge the person so offending to be imprisoned for any period not exceeding sixty days, or to forfeit and pay a penalty not exceeding five pounds, and in default of immediate payment to be imprisoned for a period not exceeding thirty days; and the sentence awarding such punishment shall set forth shortly the nature of the offence.

28. IT shall be lawful for the justice or justices of the peace, sheriff, or adjourn trials magistrate, before whom any person may be brought for trial for any offence against the recited Acts and this Act, or any of them, to adjourn the hearing of the complaint from time to time as may be deemed necessary, and also, if considered fit, to order the detention of such person in prison, or in any police office or station house, till the next diet of court, unless bail is found or a pledge given to an amount not exceeding the maximum penalty concluded for. 29. NOTHING Contained in the recited Acts or this Act shall prevent anybe prosecuted thing done, which may be an offence under this Act, but which might have been prosecuted and punished as an offence at common law, or under any other

Offences may

at common

law,

&c.

Act, if this Act had not passed, from being so prosecuted and punished as if

this Act had not passed.

be tried in

30. For the purpose of trying offences against the recited Acts and this Offences may Act, or any of them, except in cases of breach of certificate and of imposing police courts penalties and declaring forfeitures under the same, the expressions "magistrate "of any burgh," "magistrate," and "magistrates," shall include any judge officiating in any court for the trial of police offences under the provisions of any Local or General Police Act; and all such offences committed within the jurisdiction of any such judge may be tried by and before him in any such court, at the instance of the procurator fiscal or other party acting as prosecutor under the twenty-fifth section of this Act: And every person offending against the sixteenth, nineteenth, twenty-first, and twenty-third sections of this Act may, if such procurator fiscal or prosecutor shall choose so to do, be prosecuted before the court and in the manner provided for the trial of police offences by any General or Local Police Act in force in the county, district, or burgh, or place where the offender shall reside or the offence shall have been committed, instead of as herein otherwise provided.

forced in other

counties, &c.

31. ALL warrants, orders, interlocutors, judgments, sentences, and decreets Warrants, &c. of sheriffs, justices, and magistrates, issued or pronounced under the authority may be enof the recited Acts or of this Act, may be executed and enforced in any county, district, burgh, or jurisdiction other than that in which they were so issued or pronounced, provided the concurrence of the sheriff or any one justice of the peace or magistrate of such other county, district, burgh, or jurisdiction respectively be endorsed thereon, by any constable or officer of court of the original or of any other county, district, burgh, or jurisdiction, and which concurrence all sheriffs, justices of the peace, and magistrates are hereby authorized to grant.

not to be more

&c.

32. It shall not be lawful for the clerk of the peace, or sheriff clerk of any Fees to clerks county or district, or the town clerk of any burgh, to demand or receive any than authorized greater or additional fee or remuneration for anything done under the recited by schedule Acts or this Act than is authorized by the schedule (E.) to this Act annexed; (E) to this Act, and the town clerks of those parliamentry burghs, the magistrates of which are not at present authorized to grant certificates, shall pay to the present clerks of the peace in the counties within which such burghs are situated one half of the fees received by such town clerks in respect of applications for certificates and disposal of the same under this Act and the Acts herein recited, during the time such clerks of the peace shall continue to hold office.

appeal from decisions of sheriffs, &c. to &c.

circuit courts,

33. It shall be competent to any person conceiving himself aggrieved by Power to any warrant, sentence, order, decree, judgment, or decision made or given by persons to any sheriff, justice or justices of the peace, or magistrate, in any cause, prosecution, or complaint raised under the authority of the recited Acts or of this Act, for breach of certificate, or for trafficking in spirits or other exciseable liquors without a certificate, to bring the case by appeal before the next circuit court of Justiciary, or where there are no circuit courts before the High Court of Justiciary at Edinburgh, in the manner, and by and under the rules, limitations, conditions, and restrictions, which shall from time to time. be prescribed by the said High Court of Justiciary: Provided always, that such appeal shall be competent only when founded on the ground of corruption or malice and oppression on the part of the sheriff, justice or justices

Sentences and judgments not subject to review except

as provided by

this Act.

Limitation of actions.

Act not to

recited Acts,

&c.

of the peace, or magistrate, as the case may be, or on such deviations in point of form from the statutory enactments as the Court shall think have prevented substantial justice from having been done : Provided also, that such appeals shall be heard and determined in open court, and that it shall be competent to the Court to correct such deviation in point of form: Provided further, that notice in writing of such appeal shall be given to the opposite party, and to the clerk of the court pronouncing such warrant, sentence, order, decree, judgment, or decision, within eight days of the date thereof; and that no appeal shall be received or entertained unless the party appealing shall, along with his appeal, deposit with the clerk of the circuit court or of the High Court of Justiciary, as the case may be, a certificate under the hand of the sheriff clerk, town clerk, or clerk of the peace, or clerk to the magistrates, as the case may be, that he has made consignation in the hands of such clerk of the whole sum and expenses, if any, decerned for by the warrant, sentence, order, decree, judgment, or decision appealed from, and unless he shall have found sufficient security for the whole expenses which may be incurred and found due under the appeal: Provided always, that nothing herein contained shall be held to exclude or interfere with the right of appeal to quarter sessions which at present exists; provided the appellant shall forthwith deposit with the clerk of the peace the amount of penalty and costs awarded against him.

34. No warrant, sentence, order, decree, judgment, or decision made or given by any quarter sessions, sheriff, justice or justices of the peace, or magistrate, in any cause, prosecution, or complaint, or in any other matter, under the authority of the said recited Acts or of this Act, shall be subject to reduction, advocation, suspension, or appeal, or any other form of review or stay of execution, on any ground or for any reason whatever, other than by this Act provided.

35. EVERY action or prosecution against any sheriff, justice or justices of the peace, magistrate, or judge acting under any General or Local Police Act, or against any sheriff clerk, clerk 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 recited Acts and this Act, or any of them, shall be commenced within two months after the cause of action or prosecution shall have arisen, and not afterwards.

36. NOTHING herein contained shall be held to repeal or affect the prorepeal or affect visions of the recited Acts or either of them, except in so far only as shall be necessary to give effect to the provisions of this Act; and the provisions and enactments contained in the recited Acts, so far as not repealed, shall extend, and be construed, deemed, and taken to extend, to and form part of this Act, in the same manner and as fully and to all intents and purposes as if the said provisions and enactments were herein repeated and set forth at length.

Interpretation of terms.

37. In this Act the following words and expressions shall have the several meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction; that is to say,

The expression "inn and hotel" shall in towns and the suburbs thereof refer to a house containing at least four apartments set apart exclusively for the sleeping accommodation of travellers; and in rural districts and

populous places not exceeding one thousand inhabitants, according to the census last before taken, to a house containing at least two such apartments :

The word "shebeen" shall mean and include every house, shop, room, premises, or place in which spirits, wine, porter, ale, beer, cyder, perry, or other exciseable liquors are trafficked in by retail without a certificate and excise licence in that behalf:

The expression "trafficking" shall mean and include bartering, selling, dealing in, trading in, exposing or offering for sale by retail :

The word "hawking" shall mean and include trafficking in or about the
streets, highways, or other places, or in or from any boat or other vessel
upon the water:

The word "certificate" shall mean any certificate in terms of this Act:
The word "sheriff” shall mean and include sheriff substitute :

The word "burgh" shall mean and include any royal or parliamentary
burgh; and the boundaries of such parliamentary burghs shall for
the purposes of this and the recited Acts be the same as those within
which the magistrates of such burghs have jurisdiction in matters of
police:

[ocr errors]

The word "constable shall mean and include officers of court, chief constable, superintendent of police, and every grade of constable or police officer, or any person belonging to any constabulary force in any part of Scotland, as also any sheriff officer or justice of peace constable.

38. THIS Act shall commence and take effect from and after the first day of CommenceSeptember next after the passing thereof.

[ocr errors]

ment of Act.

39. THIS Act may be cited for all purposes as The Public Houses Acts Short title. "Amendment (Scotland) Act, 1862."

SCHEDULE (A.)
No. 1.

FORM of Certificate for Inns and Hotels.

Ar a general meeting for granting and renewing certificates for the sale of exciseable liquors held by Her Majesty's justices of the peace acting in and for the county [or of the magistrates of the burgh, as the case may be,] of

[ocr errors]
[ocr errors]

within the said county [or burgh], on the in the year one thousand eight hundred and

holden at

day of

, Her Majesty's justices of the peace acting in and for said county [or the magistrates of the said burgh] assembled at the said meeting did authorize and empower A.L., now dwelling at to keep an inn and hotel at

parish of

[ocr errors]
[ocr errors]

in the

and county aforesaid [or burgh aforesaid], for the sale in the said house, but not elsewhere, of victuals, and of spirits, wine, porter, ale, beer, cyder, perry, or other exciseable liquors, [or of victuals, and of porter, ale, beer, cyder, or perry,] [or of victuals, wine, porter, ale, beer, cyder, or perry,] provided the said A.L. shall be licensed and empowered to sell such liquors under the authority and permission of any excise licence to him or her in that behalf granted, on the terms and conditions following; that is to say, that the said A.L. do not fraudulently adulterate the bread or other victuals or liquors sold by him, or sell the same knowing them to have been

fraudulently adulterated; and do not use in selling the same any weight or measure which is not of the legal imperial standard; and do not sell any groceries or other uncooked provisions in the said house or premises, to be consumed elsewhere; and do not knowingly permit any breach of the peace, or riotous or disorderly conduct, within the said house or premises; and do not knowingly permit or suffer men or women of notoriously bad fame, or girls or boys, to assemble and meet therein; and do not supply exciseable liquors to girls or boys apparently under fourteen years of age, or to persons who are in a state of intoxication; and do not permit or suffer any unlawful games therein; and do not keep open house, or permit or suffer any drinking on any part of the premises belonging thereto, or sell or give out therefrom any liquors, before eight of the clock in the morning, or after eleven of the clock at night, of any day, with the exception of refreshment to travellers or to persons requiring to lodge in the said house or premises; and do not open his house for the sale of any exciseable liquors, or permit or suffer any drinking therein or on the premises belonging thereto, or sell or give out the same, on Sunday, except for the accommodation of lodgers and travellers; and do maintain good order and rule within his house and premises; and, lastly, do not transgress or commit any breach of the conditions of any permission to sell on a public or special occasion within his own house or elsewhere. This certificate to continue in force, upon the terms and conditions aforesaid, from the day of one thousand eight hundred and

of

and until the

[ocr errors]
[ocr errors]

one thousand eight hundred and

day

and no longer. The above certificate is made out according to the deliverance in the book or register appointed to be kept in terms of the Act of Parliament.

C.D., Clerk.

No. 2.

FORM of Certificate for Public Houses.

Ar a general meeting for granting and renewing certificates for the sale of exciseable liquors held by Her Majesty's justices of the peace acting in and for the county [or of the magistrates of the burgh, as the case may be,] of

[ocr errors]
[ocr errors]

holden at day of

[ocr errors]

Her

within the said county [or burgh], on the in the year one thousand eight hundred and Majesty's justices of the peace acting in and for the said county [or the magistrates of the said burgh] assembled at the said meeting did authorize and empower [A.L.], now dwelling at to keep a public house at in the parish of and county [or burgh] aforesaid for the sale in the said house, but not elsewhere, of victuals, and of spirits, wine, porter, ale, beer, cyder, perry, and other exciseable liquors, [or of victuals, and of porter, ale, beer, cyder, or perry,] [or of victuals, wine, porter, ale, beer, cyder, or perry,] provided that the said A.L. shall be licensed and empowered to sell such liquors under the authority and permission of any excise licence to him in that behalf granted, on the terms and conditions following; that is to say, that the said A.L. do not fraudulently adulterate the bread or other victuals or liquors sold by him, or sell the same knowing them to have been fraudulently adulterated; and do not use in selling the same any weight or measure which are not of the legal imperial standard; and do not sell any groceries or other uncooked provisions in the said house or premises, to be consumed elsewhere; and do not knowingly permit any breach of the peace, or riotous or disorderly conduct, within the said house or premises; and do not permit or suffer men or women of notoriously bad fame, or girls or boys, to assemble and meet therein; and do not sell or supply exciseable liquor to girls or boys apparently under fourteen years of age, or to persons who are in a state of intoxication, and do not receive or take in, as the price or for the supply of exciseable liquors, any wearing apparel, goods, or chattels; and do not

« ÀÌÀü°è¼Ó »