EPITOME OF REPORTS OF DECIDED CASES UNDER THE PUBLIC HOUSES ACTS, ETC., FROM 1862 TO 1884. Decision of Quarter Sessions cannot be appealed to Circuit Court. I. Appeal.-A hotelkeeper was convicted before the Justices of breach of certificate. Upon appeal to the Justices in Quarter Sessions, the conviction was affirmed. Against this decision an appeal was taken to the Circuit Court of Justiciary. Held incompetent under the 33rd and 34th sections of the Public Houses Acts Amendment (Scotland) Act, 1862. Purdie v. Mitchell, Glasgow, 6th Oct. 1863; Irvine, iv. P. 447. Held that Circuit Court could not entertain appeal by hotelkeeper who was convicted of breach of certificate. II. Appeal.-Held that the Court of Justiciary has no jurisdiction to entertain an appeal against a conviction under the Public Houses Acts Amendment (Scotland) Act, 1862, for keeping open a hotel, and permitting persons to be therein. who are not lodgers and do not require accommodation. Question whether this was a relevant charge, drinking not being alleged. Crosbie v. M'Minn, High Court, 3rd Jan. 1865; Irvine, v. p. 10. Complaint against publican held on appeal to Circuit to require amendment, and sent back for the purpose to Justices. III. Appeal.-Complaint against a publican for breach of certificate was held on appeal to the Circuit Court of Justiciary not to be in conformity with the Summary Procedure (Scotland) Act, and remit made to the Justices to direct its amendment. Baird v. Rose, Ayr, 27th Sept. 1865; Irvine, v. p. 200. Justices cannot grant licences within a burgh. IV. Appeal.—Held that the Justices of Peace of a county have no jurisdiction to grant licences with respect to those parts of the county which are included within the limits of a Parliamentary burgh, though outwith the ancient royalty. Booth v. Lang, Glasgow, 27th April 1867; Irvine, v. p. 371. -Scottish Law Reporter, iv. p. 2. Shebeening-Special permission, etc. V. Appeal against a conviction of the offence charged,' obtained upon a complaint under the 17th section of the Public Houses Acts Amendment (Scotland) Act, 1862, charging trafficking in exciseable liquors without having obtained 'a certificate for the sale of such liquors in Perthshire,'sustained in respect the complaint did not set forth a relevant statement of the offence. Held that it is competent under Section 6 of said Act for the chief Magistrate or the two senior Magistrates of any burgh, or any two Justices of the Peace of any county, to grant special permissions to sell exciseable liquors at special entertainments within their jurisdictions to persons holding licences and certificates applicable to premises within different burghs or counties from that in which the special entertainment is to take place. And that the chief officer of police is bound to supply the statutory certified copy of the permission to any holder thereof lodging the same with him, in terms of the statute, irrespective of the burgh or county to which the holder of the permission belongs. Held that the respondent is debarred from pleading, and the High Court cannot entertain as a reason for refusing to sustain an appeal an alleged ground of conviction not pleaded before the Sheriff nor before the Circuit Court, and which did not appear ex facie of the complaint and procedure to have been the ground upon which the Sheriff had proceeded in convict ing. M'Donald v. Gordon, High Court, 2nd and 3rd Nov. 1868; Couper, i. p. 105.-Scottish Law Reporter, v. p. 120. Forfeiture of certificate for first offence. VI. Appeal against a conviction and sentence for a first offence under the Public Houses Acts Amendment (Scotland) Act, 1862, on the ground that the respondent's certificate was therein declared to be forfeited, while the complaint did not contain any prayer for forfeiture, dismissed; such forfeiture being, in terms of 9 Geo. IV. cap. 58, sec. 21, within the discretion of the Court in the case of first or second offences. Ritchie v. Magistrates of Montrose, Dundee, 10th Sept. 1869; Couper, i. p. 332.-Scottish Law Reporter, vii. p. 1. Hawking spirits-Conviction quashed on account of expenses having been illegally awarded. VII. Suspension.-Held incompetent to award expenses in terms of section 22 of the Summary Procedure Act in a conviction and sentence upon a complaint for a contravention of section 16 of the Public Houses Acts Amendment (Scotland) Act, 1862, brought under the Summary Procedure Act, expenses not being authorized by said Public Houses Act. Such sentence suspended accordingly. Ross v. Stirling, High Court, 22nd Oct. 1869; Couper, i. p. 336.-Scottish Law Reporter, vii. p. 13. Conviction against hotelkeeper for breach of certificate, which provided for imprisonment failing immediate payment of fine, quashed. VIII. Appeal.-In an appeal to the Circuit Court against a conviction pronounced by burgh Magistrates, acting under the Public Houses Acts, on the ground that the sentence was ultra vires, in so far as it ordered instant imprisonment on failure to pay a fine, whereas the statute authorized imprisonment only after fourteen days' failure. Held (1) that excess of jurisdiction was a ground of appeal which could competently be dealt with by the Circuit Court, in virtue of sections 30 and 34 of the Heritable Jurisdictions Act (20 Geo. II. cap. 43), |