some, or disorderly in any shop, house, premises, or place licensed for the sale of spirits, wine, porter, ale, beer, or other exciseable liquors by retail, whether to be consumed on the premises or not, and shall refuse or neglect to quit such shop, house, premises, or place upon being requested so to do by the occupier or manager thereof, or his agent or servant, or by any constable, and every person who shall refuse to quit such shop, premises, or place at the time of closing prescribed by this Act, on being required to do so as aforesaid, shall thereby be guilty of an offence, and may be taken into custody by any officer of police or constable, and detained in any police office or station-house, or other convenient place, and not later than in the course of the first lawful day after he shall have been so taken into custody, shall be brought before a Sheriff, or any one Justice of the Peace or Magistrate, or if not so taken iuto custody, or if he shall have been liberated on bail or pledge, may be summoned to appear before a Sheriff, or any one Justice of the Peace or Magistrate, and on being convicted of such offence shall forfeit and pay a penalty not exceeding forty shillings, and in default of immediate payment shall be imprisoned for a period not exceeding twenty days; and all constables are hereby authorized and empowered to assist in expelling such riotous, quarrelsome, or disorderly person refusing to quit the premises at the hour of closing from such shops, houses, premises, and places. XXII. Persons falsely representing themselves to be travellers liable to a penalty.-Every person who by any wilfully false representation shall induce any inn and hotel keeper, or the servant of any inn and hotel keeper, to sell or give out to him exciseable liquors on any Sunday, or to sell or give out to him exciseable liquors on any other day during hours when the sale of exciseable liquors, excepting to lodgers or travellers, is prohibited by the certificate of such inn and hotel keeper, shall thereby be guilty of an offence, and on being convicted thereof by any Sheriff, or any one Justice of the Peace or Magistrate, shall forfeit and pay a penalty not exceeding five pounds, and in default of immediate payment shall be imprisoned for a period not exceeding thirty days. XXIII. Penalty to persons found intoxicated and incapable of taking care of themselves.-Every person found in a state of intoxication, and incapable of taking care of himself, and not under the care or protection of some suitable person, in any street, thoroughfare, or public place, shall be thereby guilty of an offence, and may be taken into custody by any officer of police or constable, and detained in any police office or station-house, or other convenient place, and not later than in the course of the first lawful day after he shall have been so taken into custody shall be brought before a Sheriff, or any one Justice of the Peace or Magistrate, or if not so taken into custody, or if he shall have been liberated on bail or pledge, may be summoned to appear before such a Sheriff, Justice of the Peace, or Magistrate, and on being convicted of such offence shall forfeit and pay a penalty of five shillings, and in default of immediate payment shall be imprisoned for a period not exceeding twenty-four hours. XXIV. Penalty for harbouring constables while on duty.Every person licensed to sell spirits, wine, porter, ale, beer, cider, perry, or other exciseable liquors by retail, whether to be drunk or consumed on the premises or not, who knowingly harbours or entertains, or suffers to remain in the licensed premises wherein he carries on his business, any constable during any part of the time appointed for his being on duty, unless for the purpose of quelling any disturbances or restoring order, or otherwise in the discharge of his duty, shall be guilty of an offence, and on being convicted thereof shall forfeit and pay a penalty not exceeding five pounds, and in default of immediate payment shall be imprisoned for a period not exceeding thirty days. XXV. Procurator-fiscal or other party appointed shall prosecute-Application of penalties and expenses.-Every person who, after the passing of this Act, shall commit any breach of certificate, or who shall in any other manner offend against either of the recited Acts or this Act, shall be prosecuted, and all penalties, together with the expenses of prosecution and conviction to be ascertained on conviction, shall be recovered, unless by this Act otherwise specially directed or authorized, before the Sheriff or any two or more Justices of the Peace of the county, or any Magistrate of the burgh having jurisdiction in the county or burgh, as the case may be, in which such offender shall reside or such offence shall have been committed, at the instance of the procurator-fiscal, or of such other party as shall be specially appointed to prosecute such class of offences by the Justices of the Peace of the county in general Quarter Sessions assembled, or the Magistrates of the burgh, as the case may be, and which appointment they are hereby specially authorized to make, and such Justices of the Peace in general Quarter Sessions, or Magistrates, as the case may be, shall from time to time fix a reasonable sum in name of salary, or a reasonable rate of remuneration by fees for prosecutions, and all other business under this Act, to be paid annually to such procuratorfiscal or other party appointed to prosecute as aforesaid; and which salary, or the amount of the account of such fees, as the same shall be taxed by the clerk of the peace of the county or district, or the town clerk of the burgh, as the case may be, together with all necessary and proper outlays attending such prosecutions, and also the execution of the recited Acts and this Act, shall form a proper charge against, and shall be paid annually out of the Rogue Money, or other fund of the county out of which the expenses of criminal prosecutions are in use to be paid, and in burghs out of the police funds, or, where there are no police funds, out of the corporation funds of the burgh, as the case may be; and all penalties and expenses of prosecutions and convictions incurred under and imposed by the recited Acts and this Act shall, when recovered, if adjudged by any Sheriff, or Justice or Justices of the Peace, or Magistrate of any burgh or place other than a royal or parliamentary burgh, be wholly paid into the Rogue Money Fund of the county, and, if adjudged by any Magistrate or police judge of any royal or parliamentary burgh, be wholly paid into the police funds, or, where there shall be no police funds, into the corporation funds of the burgh in which such penalties shall be imposed respectively. XXVI. Offences how to be tried.-Every offence committed against the recited Acts and this Act, or any of them, may, except where inconsistent with the provisions and conditions of this Act, be tried and determined in a summary manner, without any written pleadings, or record, or notes of evidence, and before the Courts, and subject to the provisions and conditions provided in the said recited Acts or either of them; but in any prosecution under the recited Acts and this Act, or any of them, the complaint and procedure following thereupon shall be in the form, or as nearly as may be in the form, provided by Schedule (D) to this Act annexed; and it shall be lawful for the Sheriff, Justice or Justices, Magistrate or Magistrates, before whom such prosecution is brought, to proceed in absence of the accused, upon proof by the oath of an officer or constable that the accused has 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. Note.-Prosecutions are now regulated by the Summary XXVII. Power to Justices or Magistrates to summon witnesses or -Punishment of witnesses refusing to attend or prevaricating.—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, 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 |