the space of fourteen days next after such second conviction shall have taken place, then the offender shall suffer imprisonment upon his own charges and expenses, for a period of two calendar months, in the common gaol or house of correction, unless he or she shall sooner pay such second penalty, and the expenses of conviction, and of executing the same; and in addition to such penalty, the certificate granted to such person may be declared to be forfeited and to become void and null; and for the third offence, the offender shall forfeit the sum of twenty pounds, with the expenses of conviction, to be ascertained upon conviction; and in case such penalty and expenses shall not be paid within fourteen days after such conviction shall have taken place, then the offender shall suffer imprisonment upon his own charges and expenses, 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 expenses 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, that the several 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 respectively shall not be reduced to less than one-fourth part thereof.

XXII. What shall be deemed second and third offences.-And be it further enacted, that if any person shall have been 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. Manner of complaint and form of procedure.-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 inquire into the truth of the

allegations in 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.

Note.-Records now require to be kept in conformity. with the provisions of 'The Summary Jurisdiction Acts, 1864 and 1881.'

XXIV. Service of notice to appear. - 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, out

house, 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 he 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. Appeal to Quarter Sessions.-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.

Note.-Repealed by Statute Law Revision Act, 1873. By the Act 39 and 40 Vict. cap. 26, there is no appeal where a certificate is refused for new premises, but there is still an appeal to Quarter Sessions when a certificate is refused to certificated premises.

XXVI. No review to be had by a superior Court.—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, shall

B

be competent, either by advocation, suspension, reduction, or otherwise.

Note.-Repealed by Statute Law Revision Act, 1873.

Appeals are now regulated by The Summary

Prosecutions Appeals (Scotland) Act, 1875.'

XXVII. Clerk of the peace to make a duplicate of the certificate when required, which shall be admitted as evidence.—And be it further enacted, that every clerk of the peace and clerk of any royal burgh shall, when lawfully required, make out from the books to be kept by them as aforesaid a duplicate or counterpart of any certificate issued by them, for which he shall be entitled to receive a fee of one shilling; which duplicate, being duly certified by such clerk, shall be admitted as sufficient evidence of the facts therein contained, and of the terms of such certificate, in all Courts and legal proceedings, without production of the particular certificate originally granted.

XXVIII. Convictions under this Act to be transmitted to the clerk of the peace, and by him registered.-And be it further enacted, that every conviction under this Act for a breach or breaches of the terms and conditions of the certificate granted under the authority of this Act shall, within six days after such conviction, be transmitted by the person who shall officiate as clerk to the Justices or Magistrates at such conviction to the clerk of the peace of the county, 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, specify