days; and if any person who, under examination on oath or solemn affirmation before any Sheriff, Justice or Justices, or Magistrate, in any matter arising under the provisions of the said recited Acts or this Act, shall prevaricate or wilfully conceal the truth, it shall be lawful to such Sheriff, Justice or Justices, or Magistrate, in open Court, without any formal complaint and in a summary manner, to adjudge the person so offending to be imprisoned for any period not exceeding sixty days, or to forfeit and pay a penalty not exceeding five pounds, and in default of immediate payment to be imprisoned for a period not exceeding thirty days, and the sentence awarding such punishment shall set forth shortly the nature of the offence.

XXVIII. Power to adjourn trials and detain offenders.-It shall be lawful for the Justice or Justices of the Peace, Sheriff, or Magistrate before whom any person may be brought for trial for any offence against the recited Acts and this Act, or any of them, to adjourn the hearing of the complaint from time to time as may be deemed necessary, and also, if considered fit, to order the detention of such person in prison, or in any police office or station-house, till the next diet of Court, unless bail is found, or a pledge given to an amount not exceeding the maximum penalty concluded for.

XXIX. Offences may be prosecuted at common law.—Nothing contained in the recited Acts or this Act shall prevent anything done which may be an offence under this Act, but which might have been prosecuted and punished as an offence at common law, or under any other Act if this Act had not passed, from being so prosecuted and punished as if this Act had not passed.

XXX. Offences may be tried in police courts-Offences specified in Sections 16, 19, 21, and 23 of this Act may be tried in police courts. For the purpose of trying offences against the recited Acts and this Act, or any of them, except in cases of breach of

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certificate and of imposing penalties and declaring forfeitures under the same, the expressions Magistrate of any burgh,' 'Magistrate,' and 'Magistrates,' shall include any judge officiating in any Court for the trial of police offences under the provisions of any local or general Police Act; and all such offences committed within the jurisdiction of any such judge may be tried by and before him in any such Court, at the instance of the procurator-fiscal or other party acting as prosecutor under the twenty-fifth section of this Act; and every person offending against the sixteenth, nineteenth, twenty-first, and twenty-third sections of this Act may, if such procurator-fiscal or prosecutor shall choose so to do, be prosecuted before the Court, and in the manner provided for the trial of police offences by any general or local Police Act in force in the county, district, or burgh or place where the offender shall reside or the offence shall have been committed, instead of as herein otherwise provided.

XXXI. Warrants, etc., may be enforced in other counties, etc.-All warrants, orders, interlocutors, judgments, sentences, and decreets of Sheriffs, Justices, and Magistrates, issued or pronounced under the authority of the recited Acts or of this Act, may be executed and enforced in any county, district, burgh, or jurisdiction other than that in which they were so issued or pronounced, provided the concurrence of the Sheriff or any one Justice of the Peace or Magistrate of such other county, district, burgh, or jurisdiction respectively be endorsed thereon, by any constable or officer of Court of the original or of any other county, district, burgh, or jurisdiction, and which concurrence all Sheriffs, Justices of the Peace, and Magistrates are hereby authorized to grant.

XXXII. Fees to clerks not to be more than authorized by Schedule (E) to this Act.-It shall not be lawful for the clerk of the peace, or sheriff clerk of any county or district, or the town clerk of any burgh, to demand or receive any greater or

additional fee or remuneration for anything done under the recited Acts or this Act than is authorized by the Schedule (E) to this Act annexed, and the town clerks of those parliamentary burghs the Magistrates of which are not at present authorized to grant certificates shall pay to the present clerks of the peace in the counties within which such burghs are situated one-half of the fees received by such town clerks in respect of applications for certificates and disposal of the same under this Act and the Acts herein recited, during the time such clerks of the peace shall continue to hold office.

XXXIII. Power to persons to appeal from decisions of Sheriffs, etc., to Circuit Courts, etc.-It shall be competent to any person conceiving himself aggrieved by any warrant, sentence, order, decree, judgment, or decision made or given by any Sheriff, Justice or Justices of the Peace, or Magistrate, in any cause, prosecution, or complaint raised under the authority of the recited Acts or of this Act, for breach of certificate, or for trafficking in spirits or other exciseable liquors without a certificate, to bring the case by appeal before the next Circuit Court of Justiciary, or where there are no Circuit Courts, before the High Court of Justiciary at Edinburgh, in the manner, and by and under the rules, limitations, conditions, and restrictions which shall from time to time be prescribed by the said High Court of Justiciary: provided always, that such appeal shall be competent only when founded on the ground of corruption or malice and oppression on the part of the Sheriff, Justice or Justices of the Peace, or Magistrate, as the case may be, or on such deviations in point of form from the statutory enactments as the Court shall think have prevented substantial justice from having been done: provided also, that such appeals shall be heard and determined in open Court, and that it shall be competent to the Court to correct such deviation in point of form: provided further, that notice in writing of such appeal shall be given to the opposite party,

and to the clerk of the Court pronouncing such warrant, sentence, order, decree, judgment, or decision, within eight days of the date thereof, and that no appeal shall be received or entertained unless the party appealing shall, along with his appeal, deposit with the clerk of the Circuit Court or of the High Court of Justiciary, as the case may be, a certificate under the hand of the sheriff clerk, town clerk, or clerk of the peace, or clerk to the Magistrates, as the case may be, that he has made consignation in the hands of such clerk of the whole sum and expenses, if any, decerned for by the warrant, sentence, order, decree, judgment, or decision appealed from, and unless he shall have found sufficient security for the whole expenses which may be incurred and found due under the appeal provided always, that nothing herein contained shall be held to exclude or interfere with the right of appeal to Quarter Sessions which at present exists, provided the appellant shall forthwith deposit with the clerk of the peace the amount of penalty and costs awarded against him.

Note.-Appeals are regulated by the Summary Prosecu

tions Appeals (Scotland) Act, 1875.

XXXIV. Sentences and judgments not subject to review except as provided by this Act.-No warrant, sentence, order, decree, judgment, or decision made or given by any Quarter Sessions, Sheriff, Justice or Justices of the Peace, or Magistrate in any cause, prosecution, or complaint, or in any other matter under the authority of the said recited Acts or of this Act, shall be subject to reduction, advocation, suspension, or appeal, or any other form of review or stay of execution, on any ground or for any reason whatever, other than by this Act provided. Note. See note to previous section.

XXXV. Limitation of actions.-Every action or prosecution against any Sheriff, Justice or Justices of the Peace, Magistrate, or judge acting under any general or local Police Act, or against any sheriff clerk, clerk of the peace, or town clerk, or

any procurator-fiscal, superintendent, or other officer of police, or constable, or other person, on account of anything done in execution of the recited Acts and this Act, or any of them, shall be commenced within two months after the cause of action or prosecution shall have arisen, and not afterwards.

XXXVI. Nothing to repeal or affect recited Act except to give effect to this Act.-Nothing herein contained shall be held to repeal or affect the provisions of the recited Acts or either of them, except in so far only as shall be necessary to give effect to the provisions of this Act; and the provisions and enactments contained in the recited Acts, so far as not repealed, shall extend, and be construed, deemed, and taken to extend, to and form part of this Act, in the same manner and as fully and to all intents and purposes as if the said provisions and enactments were herein repeated and set forth at length.

XXXVII. Interpretation of terms.—In this Act the following words and expressions shall have the several meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction; that is to say,

The expression 'inn and hotel' shall in towns and the suburbs thereof refer to a house containing at least four apartments set apart exclusively for the sleeping accommodation of travellers; and in rural districts and populous places not exceeding one thousand inhabitants, according to the census last before taken, to a house containing at least two such apartments :

The word 'shebeen' shall mean and include every house, shop, room, premises, or place in which spirits, wine, porter, ale, beer, cider, perry, or other exciseable liquors are trafficked in by retail without a certificate and excise licence in that behalf:

The expression trafficking' shall mean and include bartering, selling, dealing in, trading in, exposing or offering for sale by retail: