XVII.-PUBLIC HEALTH (SCOTLAND) ACT, 1867. 30 AND 31 VICT. CAP. 101. L. Penalty on persons letting houses in which infected persons have been lodging.-If any person knowingly lets any house, room, or part of a house in which any person suffering from any infectious disorder has been, to any other person without having such house, room, or part of a house, and all articles therein liable to retain infection, disinfected to the satisfaction of a qualified medical practitioner, as testified by a certificate given by him, and lodged with the sanitary inspector or other person appointed to perform the duties of sanitary inspector, such person shall be liable to a penalty not exceeding twenty pounds. For the purposes of this section the keeper of an inn or hotel shall be deemed to let part of a house to any person admitted as a guest into such inn or hotel. XVIII. THE PREVENTION OF CRIMES ACT, 1871. 34 AND 35 VICT. CAP. 112. X. Penalty for harbouring thieves, etc.-Every person who occupies or keeps any lodging house, beerhouse, public house, or other house or place where intoxicating liquors are sold, or any place of public entertainment or public resort, and know ingly lodges or knowingly harbours thieves or reputed thieves, or knowingly permits or knowingly suffers them to meet or assemble therein, or knowingly allows the deposit of goods therein, having reasonable cause for believing them to be stolen, shall be guilty of an offence against this Act, and be liable to a penalty not exceeding ten pounds, and in default of payment to be imprisoned for a period not exceeding four months, with or without hard labour, and the Court before which he is brought may, if it think fit, in addition to or in lieu of any penalty, require him to enter into recognizances, with or without sureties, and if in Scotland to find caution for keeping the peace or being of good behaviour during twelve months; provided that (1.) No person shall be imprisoned for not finding sureties or cautioners in pursuance of this section for a longer period than three months; and (2.) The security required from a surety or cautioner shall not exceed twenty pounds; and any licence for the sale of any intoxicating liquors, or for keeping any place of public entertainment or public resort, which has been granted to the occupier or keeper of any such house or place as aforesaid, may, in the discretion of the Court, be forfeited on his first conviction of an offence under this section, and on his second conviction for such an offence his licence shall be forfeited, and he shall be disqualified for a period of two years from receiving any such licence; moreover, where two convictions under this section have taken place within a period of three years in respect of the same premises, whether the persons convicted were or were not the same, the Court shall direct that for a term not exceeding one year from the date of the last of such convictions no such licence as aforesaid shall be granted to any person whatever in respect of such premises; and any licence granted in contravention of this section shall be void. Any licensed person brought before a Court in pursuance of this section shall produce his licence for examination, and if such licence is forfeited shall deliver it up altogether; and if such person wilfully neglects or refuses to produce his licence he shall, in addition to any other penalty under this section, be liable on summary conviction to a penalty not exceeding five pounds: provided that any person convicted under this section shall have a right to appeal against such conviction in the same manner in all respects as if the said conviction had been for an offence committed against the provisions of the Act of the ninth George the Fourth, chapter sixty-one. Note. The latter portion of the foregoing section, viz., from 'provided that any person' to the end of the section, has been repealed by The Statute Law Revision (Substituted Enactments) Act, 1876,' section 5 of which enacts that 'Any person convicted under section 10 of "The Prevention of Crimes Act, 1871," shall have a right to appeal against such conviction in the same manner in all respects as a person may appeal who feels aggrieved by a conviction made by a Court of summary jurisdiction under the Licensing Act, 1872, and all the provisions of such last-mentioned Act, and of any Act amending the same, relating to an appeal from a conviction made by a Court of summary jurisdiction under such last-mentioned Act, shall apply accordingly.' XIX.-COUNTY POLICE ACT, 1857. 20 AND 21 VICT. CAP. 72. XXIV. Penalty on publicans harbouring constables during the hours of duty.-If any victualler or keeper of any house, shop, room, or other place for the sale of any liquors, whether spirituous or otherwise, shall knowingly harbour or entertain any constable appointed under this Act, or permit such constable to abide or remain in his house, shop, room, or other place, to the neglect of his duty, during any part of the time appointed for his being on such duty, every such victualler or keeper as aforesaid, being convicted thereof, shall for every such offence forfeit and pay any sum not exceeding five pounds. XX. THE GENERAL 25 AND 26 VICT. CAP. 101. CCCXVIII. Brokers not to carry on business of publicans, nor to purchase tickets of pawnbrokers.-It shall not be lawful for any broker or any pawnbroker to carry on business as a publican or retailer of exciseable liquors, nor for any broker to purchase, receive, or take the note or ticket of any pawnbroker for any goods or articles which have been pawned, or to contract or negotiate in any manner with the holder of any such note or ticket, or any person in his behalf, for the purchase of goods or articles specified therein; and if any broker shall offend herein, either by himself or his servant, or any other person having the charge of his premises, and for whom in such case he shall be held responsible, such broker shall for every such offence be liable to a penalty not exceeding five pounds. CCCXXXVI. Penalty on victuallers entertaining constables while on duty.-Every person keeping any house, shop, room, place of public resort, or other premises within the burgh, who knowingly harbours or entertains or suffers to remain in his house, shop, room, or premises any constable during any part of the time appointed for his being on duty, unless for the purpose of quelling any disturbance or restoring order, or otherwise in the execution of his duty, shall for every such offence be liable to a penalty not exceeding twenty shillings. CCCXXXVIII. Officers may enter public houses on hearing disorderly noise therein.-The superintendent of police or any constable shall have power, by virtue of his office, at any time to enter any building or part of a building, or other place of the following description, on hearing any disorderly noise therein, or having reason to believe or suspect that persons accused or reasonably suspected of having committed any offence in respect of which imprisonment may be awarded, or that any articles known or suspected to have been stolen or fraudulently obtained, are to be found therein; viz., Any victualling house, public house, or house in which wine, spirits, beer, cider, or other fermented or distilled liquors are sold, whether licensed or not: And if the keeper of any such building or part of a building H |