October in each year, with power to them to adjourn such meetings from day to day, as they shall think fit, during the period of seven lawful days following and next after the day of their first meeting, and no longer: provided always, that such Justices shall not have power to grant such certificates for the royalty of any royal burgh, except as after mentioned; and if any such certificate shall be granted contrary hereto, the same shall be and is hereby declared to be null and void to all intents and purposes.

Note. This section was repealed by the Statute Law Revision Act, 1873, but has been revived from the words 'provided always' to the end of the section by the Statute Law Revision Act, 1878.

See note at the end of previous section as to alteration in days of meeting, etc.

V. Justices may divide counties into districts for the purposes of this Act-Notice to be given thereof Justices may alter any district on like notice.—And be it further enacted, that it shall be lawful for the Justices of the Peace of any county, assembled at a meeting to be held on the same day on which the first Michaelmas Head Court of the county shall be held after the passing of this Act, to divide the county into districts for the purposes of this Act, within which such Justices shall assemble at a place to be by them appointed, for considering and disposing of applications under this Act, at the times before specified; and notice of the place of meeting so to be appointed, and of the name and residence or office or place of business of a clerk or depute clerk within such district, with whom applications and recommendations may be lodged in terms of this Act (as after mentioned), shall be given by advertisement at the church doors of every parish church within the district, for two several Sundays at least, before the first holding of such district meeting so appointed: provided always, that it shall be lawful for the Justices of the Peace of any county, at

any Michaelmas meeting as aforesaid, after previous notice by three advertisements published one month before such Michaelmas meeting in any newspaper or newspapers circulated within the district to be affected by the change proposed to be made, at any time to alter or change any district or place of district meeting by them appointed, due notice thereof being given, in like manner as aforesaid, at every parish church before the next holding of such district meeting.

VI. If not sufficient Justices acting for any royal burghs, the Justices of the county may Act.—And be it further enacted, that if in any royal burgh there shall not be a sufficient number of Magistrates present who are qualified to grant certificates according to the directions of this Act, at any time when such certificates are hereby appointed to be granted, in such case it shall and may be lawful for the Justices of the Peace of the county in which such royal burgh is situated to grant certificates for such royal burgh, at the same time and in the same manner as they are hereby empowered to grant certificates for the county provided always, that any Magistrates of such burgh, so qualified, may and are hereby authorized and empowered in such case to act along with such Justices in granting such certificates.

VII. Certificates to be granted-Proviso as to meetings for granting certificates.-And be it further enacted, that at such general or district meetings, or at any adjournment thereof, within the respective periods aforesaid, it shall be lawful for the said Justices and Magistrates respectively to grant certificates for the year next ensuing, commencing as after mentioned, to such and so many persons as the Justices or Magistrates then assembled at such general or district meeting, or the major part of them, shall think meet and convenient, to keep common inns, alehouses, or victualling houses, within which ale, beer, spirits, wine, and other exciseable liquors may, under excise licences, be sold by retail, to be drunk or con

sumed in the premises, within their respective counties, districts, or royal burghs; and such Justices or Magistrates shall deliver or cause to be delivered to every person so authorized or empowered a certificate, written or printed on paper, in such form as hereinafter directed: provided always, that all such meetings shall be held with open doors; and that it shall not be competent to refuse the renewal of any certificate without hearing the party in support of the application for renewal in open court, if such party shall think fit to attend; and that there shall be at least two Justices of the Peace or Magistrates respectively present at such meetings; and any certificate granted otherwise than at such meetings shall be void and of no effect.

VIII. Certificate to be confined to one house and premises— Proviso as to fairs, etc.-And be it further enacted, that no such certificate as aforesaid shall entitle any person to keep a common inn, alehouse, or victualling house, or to obtain an excise licence for selling ale, beer, spirits, wine, or other exciseable liquors, by retail, to be drunk or consumed in any other house or premises than the house and premises specified in such certificate: provided always, that nothing in this Act contained shall be construed to prohibit any person who shall have obtained such certificate from selling ale, beer, spirits, wine, or other exciseable liquors in boats or vessels moored in rivers, at any time, or in houses, booths, or other places, at the time and within the limits of the ground, town, or place in or upon which is holden any lawful fair, in the same parish with the house or premises for which any person shall have obtained a certificate as aforesaid, or in any parish immediately adjoining thereto.

IX. Certificate to be in force for a year.—And be it further enacted, that every such certificate as aforesaid shall be in force for one whole year, commencing at the term of Whitsunday, or for six months from Martinmas respectively, according to the period of the year at which such certificate was granted, and no longer.

X. Application to be lodged with the Clerk of the Magistrates ten days before the meeting for granting certificates.—And be it further enacted, that in all cases a written or printed application shall be lodged with the clerk of the Magistrates of the royal burgli, or of the Justices of the Peace for the county, at least ten days before the first day of the general or district meeting for granting such certificates, setting forth the name and designation of the applicant, and specifying the house or premises, for which such applicant craves that such certificate may be granted, by the name of the street or place, and the number of the house, or other particular description; and that a fee of two shillings, and no more, shall be payable to the clerk at lodging such application.

Note. Repealed by Statute Law Revision Act, 1873. See section 8 of 'The Public Houses Acts Amendment (Scotland) Act, 1862,' as to form of application, time of lodging same, etc.

XI. Magistrates may make regulations regarding applications.— And be it further enacted, that it shall be lawful for the Justices or Magistrates respectively, assembled at any such general or district meeting as aforesaid, to make such regulations and rules as they shall think fit, not being inconsistent with the provisions of this Act, as to the manner of making such applications, as well for ascertaining the character of the applicants, as whether it be expedient to grant such certificates in the places in which they are sought to be obtained, and also as to the mode of proceeding in transferring certificates as hereinafter mentioned.

XII. Names and designations of applicants to be entered in a book, and kept by the clerk-Result of such applications to be also entered. And be it further enacted, that the names and designations of all persons who make applications for such certificates shall be entered in a book or register, to be kept by the clerk of such Justices or Magistrates respectively, wherein the names

and designations of new applicants shall be entered separately, which book or register shall contain columns for the designations of such applicants, for the names of the persons who recommend them, for the house and place for which such certificate is applied, for the manner in which the application is disposed of, and for noting a memorandum of convictions under this Act against such persons respectively, and the dates thereof; and the cases of new applicants shall not be considered until all the other cases shall have been disposed of; and that at the end of the meeting for each day, a deliverance shall be written in such book or register, specifying whether such applications respectively were granted or refused, or continued for farther inquiry, or how otherwise disposed of; and such deliverance shall be then and there signed by the major part of such Justices or Magistrates so assembled, or by the preses of the meeting, according to the form contained in the schedule annexed to this Act, therein designated by the letter A; and it shall not be lawful for the Justices or Magistrates at any adjourned meeting to alter anything which was done at any previous meeting in granting or refusing such certificates; and the clerk of such Justices or Magistrates shall make out a certificate in the form contained in the schedule annexed to this Act, designated by the letter B, specifying the date from which such certificate shall be current.

Note. See form of register in schedule appended to

Forbes Mackenzie Act, as also section 10 of 'The Public Houses Acts Amendment (Scotland) Act, 1862,' and Schedule C appended to that Act.

The preses or chairman at Special or Quarter Sessions has not a casting vote.

XIII. Persons interested not to act as Justices.-And be it further enacted, that no Justice of the Peace or Magistrate in any county or royal burgh, who is a brewer, maltster, distiller, or dealer in or retailer of ale, beer, spirits, wine, or other