Days after such Conviction shall have taken place, then the Offender shall suffer Imprisonment upon his own Charges and Expences, for a Period of Four Calendar Months, in the Common Gaol or House of Correction, unless he or she shall sooner pay such Third Penalty, and the Expences of Conviction, and of executing the same; and in addition to such Penalty, the Certificate granted to such Person shall be declared to be forfeited and to become void and null; and it is hereby provided and declared, Penalties may that the several Penalties and Terms of Imprisonment before be mitigated. mentioned may be mitigated by the Court; provided always, that by such Mitigation such Penalties and Terms of Imprisonment respectively shall not be reduced to less than One Fourth Part thereof.

XXII. And be it further enacted, That if any Person shall have beer convicted of any Breach of the Terms and Conditions of the Certificate held by him or her in one Year as a First Offence, and such Person shall, in the following or any subsequent Year within Three Years after, be charged with a Breach of the Terms and Conditions of any other such Certificate subsequently obtained by such Person, and be thereof convicted, such Conviction shall be deemed and taken to be a Conviction for a Second Offence; and so in like Manner, if such Person shall be again convicted within Three Years, it shall be deemed and taken to be a Conviction for a Third Offence within the Meaning of this Act; and that notwithstanding of such Second or Third Offence being in breach of other and different Terms and Conditions, or of other and different Certificates obtained subsequently to the Certificate for the Breach of the Conditions of which the First or Second Conviction took place.

XXIII. And be it further enacted, That it shall be lawful for any Person or Persons to make Complaint unto and before the Sheriff, or before any Two or more Justices of the Peace for the County, or before the Court of any Royal Burgh within whose Jurisdiction the Person complained against shall reside, stating in such Complaint that the Defender is a Person keeping a common Inn, Alehouse, or Victualling House, under a Certificate to him or her in that behalf granted, and selling Ale, Beer, Spirits, Wine, or other Exciseable 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, as the Case may be; and thereupon the Sheriff or Bailie, or the Justices to or before whom such Complaint shall have been made, shall grant a Warrant to the Officers of Court to summon the Party complained against to appear at a Time and Place to be specified in such Warrant and Summons (such Summons being served at least Six free Days before the Diet of Appearance), to attend the Hearing of such Complaint; at which Time and Place, if the said Party shall appear and plead to such Charge, or in case of his or her not Appearance, on Proof by the Oath of the Constable or other Officer of his having served such Summons as hereinafter directed at least Six free Days prior to the Diet of Appearance, it shall be lawful for such Sheriff or Bailie, or Two or more Justices of the Peace, to enquire into the Truth of the Allegations in

such

What shall

be deemed

2d and 3d

Offences.

Manner of Complaint, and Form of

Procedure.

Service of Notice to appear.

+ Sic. Appeal to Quarter Sessions.

No Review

to be had by a Superior Court.

such Complaint, and on the same being proved, either by the Confession of the Party complained against, or by the Testimony on Oath (or Affirmation, if a Quaker) of One or more credible Witness or Witnesses, or upon other legal Evidence, to pronounce Judgment, and convict the Party of the Offence complained against, without any written Pleadings or Record of Evidence ; it being hereby provided, that a Record shall be preserved of the Charge and of the Judgment pronounced: Provided always, that if such Sheriff, Bailie, or Justices shall see Cause, it shall be lawful to adjourn the Hearing of such Complaint to a subsequent Day, to be by them at that Time appointed; and it shall be lawful for any Sheriff, Bailie, or Justices, before whom Proceedings shall be had for the Recovery of any of the Penalties before mentioned, to summon before him or them any Witness or Witnesses, and to require them to produce any such Writings or Entries as may be required for the due Decision of the Case before them; and all such Records, to be so preserved as aforesaid, shall be in the Form contained in the Schedule annexed to the Body of this Act, therein designated by the Letter D., or to such Effect. XXIV. And be it further enacted, That when any Warrant shall be issued for summoning any Person to appear and answer to any Complaint for committing a breach of the Terms and Conditions of the Certificate to him or her in that Behalf granted, the directing such Summons to such Person by the Name in which such Certificate shall have been granted, or by the Name by which such Person is or has been usually known, whether the same be the real or assumed Name of such Person, and the leaving a Copy of the Complaint and of the Warrant for summoning such Person, with a Citation annexed, subscribed by the Officer, at the House, Outhouse, or Premises in which the Offence shall have been committed, or if Admittance cannot be obtained, the affixing a Copy thereof on the Door or other conspicuous Part of the Outside of such House or Premises, shall be deemed and taken to be as good, legal, and effectual a Summons as if the same had been personally delivered to the Party for whom such Summons was intended, and to whom the same was intended to be served.

XXV. And be it further enacted, That if any Person shall consider himself or herself to be aggrieved by any Judgment, whether of Conviction or of Absolvitor, given upon any Complaint presented under this Act, by any Two or more Justices of the Peace, it shall be lawful to such Person to appeal therefrom to the Justices assembled at the next Quarter Sessions held for the County in which the Judgment so appealed against was given, which Justices are hereby authorized and required to hear and finally adjudge such Appeal: Provided always, that no such Appeal shall be heard, unless the Appellant shall, within Eight Days next after such Judgment, lodge his Appeal with the Clerk of such Justices of the Peace, and shall find Caution with such Clerk to abide such Appeal, and to pay such Sums as shall be finally awarded, and shall give Intimation of such Appeal by serving a Copy thereof upon the opposite Party within the said Period of Eight Days.

XXVI. And be it further enacted, That no Process of Review by any Superior Court of the Judgments to be pronounced under this Act by such Justices of the Peace, Quarter Sessions, or

Sheriffs,

Sheriffs, shall be competent, either by Advocation, Suspension,
Reduction, or otherwise.

mitted to the

XXVII. And be it further enacted, That every Clerk of the Clerk of the Peace and Clerk of any Royal Burgh shall, when lawfully required, Peace to make a Duplicate of make out from the Books to be kept by them as aforesaid a Duplithe Certificate cate or Counterpart of any Certificate issued by them, for which when required, he shall be entitled to receive a Fee of One Shilling; which which shall be Duplicate, being duly certified by such Clerk, shall be admitted admitted as as sufficient Evidence of the Facts therein contained, and of the Evidence. Terms of such Certificate, in all Courts and legal Proceedings, without Production of the particular Certificate originally granted. XXVIII. And be it further enacted, That every Conviction Convictions under this Act for a Breach or Breaches of the Terms and Condi- under this Act tions of the Certificate granted under the Authority of this Act to be transshall, within Six Days after such Conviction, be transmitted by Clerk of the the Person who shall officiate as Clerk to the Justices or Magis- Peace, and by trates at such Conviction to the Clerk of the Peace of the County, him registered. or Town Clerk of the Burgh, where the Party convicted shall reside, under a Penalty of Five Pounds, to be recovered by any Person who will prosecute for the same before the Sheriff of the County, within Six Months next after the Time when such Transmission ought to have been made; and such Clerk of the Peace and Town Clerk respectively shall keep such Convictions among the Records of the County or Town respectively, and shall also enter in the Book or Register required to be kept by them as aforesaid, and opposite to the Name of the Person therein entered to whom the same applies, the Date of the Conviction, specifying therein whether the same is the First, Second, or Third Conviction; and the said Book or Register shall be produced by the Clerk of the Peace and Town Clerk at every General or District Meeting of Justices and Magistrates to be held in pursuance of

this Act.

XXIX. And be it further enacted, That the Clerk of the Peace of every County, and the Town Clerk of every Royal Burgh, shall certify to the Commissioners of Excise in Scotland, or to the Collector or Supervisor of Excise in the particular Collection or District, the Conviction of every Person convicted of an Offence in Breach of the Conditions and Terms of his or her Certificate, by which Conviction such Certificate has thereupon been adjudged null and void, which Certificate of Conviction shall be transmitted to the said Commissioners of Excise, or Collector or Supervisor, within Six Days next after such Conviction shall have taken place, if such Clerk officiated as Clerk to the Justices or Magistrates at such Conviction, and if such Clerk did not so officiate, then within Six Days after such Conviction shall have been transmitted to him, on pain of the said Clerk of the Peace, or Town Clerk, forfeiting for every Neglect so to do the Sum of Five Pounds, to be recovered, by any Person who will prosecute for the same, before the Sheriff of the County, within Six Months next after the Transmission by this Act ought to have been made; and such Certificate of Conviction shall be in the Form contained in the Schedule annexed in the Body of this Act, and designated by the Letter E.

XXX. And

Clerk of the
Peace to certify
Convictions to

the Commis-
sioners of

Excise.

Penalties for

Certificate.

1st Offence.

2d Offence.

3d Offence.

XXX. And be it further enacted, That every Person in Scotselling without land, who, after the Commencement of this Act, shall keep a common Inn, Alehouse, or Victualling House, and sell Ale, Beer, Spirits, Wine, or other Exciseable Liquors, by Retail, to be drunk or consumed on such Premises, or the Places immediately adjoining the same, without a Certificate to him or her in that Behalf granted, according to the Provisions of this Act, shall, upon his or her being convicted thereof, as hereinafter mentioned, forfeit and pay for the First Offence the Sum of Seven Pounds, with the Expences of Conviction, to be ascertained upon Conviction; and in case such Penalty and Expences shall not be paid within the Space of Four Days next after such Conviction shall have taken place, the Offender shall suffer Imprisonment upon his own Charges and Expences, for a Period of Six Weeks, in the common Gaol or House of Correction, unless he or she shall sooner pay such Penalty, and the Expences of such Conviction, and of executing the same; and for the Second Offence the Offender shall forfeit the Sum of Fifteen Pounds, with the Expences of Conviction, to be ascertained upon Conviction; and in case such Penalty and Expences shall not be paid within the Space of Four Days next after such Second Conviction shall have taken place, then the Offender shall suffer Imprisonment upon his own Charges and Expences, for a Period of Three Calendar Months, in the Common Gaol or House of Correction, unless he or she shall sooner pay such Second Penalty, and the Expences of Conviction, and of executing the same; and for the Third Offence, the Offender shall forfeit the Sum of Thirty Pounds, with the Expences of Conviction, to be ascertained upon Conviction; and in case such Penalty and Expences shall not be paid within Four Days after such Conviction shall have taken place, then the Offender shall suffer Imprisonment upon his own Charges and Expences, for a Period of Six Months, in the Common Gaol or House of Correction, unless he or she shall sooner pay such Third Penalty, and the Penalties may Expences of Conviction, and of executing the same; and it is hereby provided and declared, that the Penalties and Terms of Imprisonment before mentioned may be mitigated by the Court; provided always, that by such Mitigation such Penalties and Terms of Imprisonment shall not be reduced to less than One Fourth Part thereof: Provided always, that such respective Penalties shall be over and above any Penalty or Penalties which such Person so convicted may have incurred or paid, or be liable to pay, for or by reason of his or her selling such Ale, Beer, Spirits, Wine, or other Exciseable Liquors, under any Law or Laws relating to the Revenue of Excise: and provided also, that the said Penalties may be sued for and recovered before the Sheriff Court, or before any Two or more of the Justices of the Peace for the County, or the Court of the Royal Burgh, within whose Jurisdiction the Offender shall reside, by any Person who will inform and prosecute for the same, within Six Months after such Offence shall have been committed; and also, that the said Terms of Imprisonment may be imposed by the said Courts accordingly. XXXI. And be it further enacted, That any Person prosecuted for keeping a common Inn, Alehouse, or Victualling House, and retailing as aforesaid, without such Certificate as aforesaid, may

Recovery of Penalties.

Persons prosecuted may be convicted on their own

be

Oath of One

be legally convicted thereof on his or her own Confession, or on Confession, Proof by the Oath (or Affirmation, if a Quaker) of One or more or on the credible Witness or Witnesses, or other legal Evidence; and all such Prosecutions shall be subject to the same Rules, Regulations, and Provisions, as Prosecutions for Breaches of the Terms of a Certificate granted under or by virtue of this Act, in so far as the same are applicable thereto.

Witness.

XXXII. And be it further enacted, That it shall be lawful for Application of any Sheriff, Justices, or Magistrate, by whom Judgment shall be Penalties. given for any Penalties under the Provisions of this Act, to award any Portion of the same, not in any Case exceeding One Moiety thereof, for the Use of the Prosecutor, and the Remainder to the Kirk Treasurer of the Parish within which the Offence was committed, or to any Public Asylum or charitable Institution, as the said Sheriff, Magistrate, or Justices convicting shall think proper.

XXXIII. And be it further enacted, That every Action or Pro- Limitation of secution against any Sheriff, Justice of the Peace, Magistrate, Actions. Constable, or other Person, on account of any thing done in Execution of this Act, shall be commenced within Three Months after the Cause of Action or Prosecution shall have arisen, and not afterwards.

XXXIV. And be it further enacted, That if any Clerk shall de- Penalty on mand or receive any greater or additional Fee, or any other Clerk taking Reward, for any thing done under this Act, than is thereby illegal Fees. expressly authorized, or than is authorized by the Schedule annexed to this Act, and designated by the Letter F., such Clerk so offending shall for every such Offence forfeit and pay the Sum of Five Pounds to any Person who may prosecute for the same.

ment of Act.

XXXV. And be it further enacted, That this Act shall com- Commencemence and take effect from and after the First Day of August next after the passing of this Act.

XXXVI. And be it further enacted, That this Act may be Act may be varied, amended, altered, or repealed by any Act to be passed repealed. in this present Session of Parliament.