appointment, and if from any cause members have not been appointed in any year to succeed the retiring members, such retiring members shall continue to act on the joint committee till their successors are appointed :

(6.) Any vacancy arising in a joint committee for a burgh from death, resignation, or other cause, may be from time to time filled up by the Magistrates or county licensing committee or Justices of the Peace by whom the person creating such vacancy was appointed: Any such joint committee may, if a quorum exist, act notwithstanding a vacancy thereon;

A person appointed to fill a vacancy shall retire from office

when the person creating the vacancy would so retire : (7.) Where the joint committee of a burgh consists of six members the quorum shall be five members; and where it consists of four members the quorum shall be three members:

(8.) The senior Magistrate on a joint committee for a burgh present at any meeting shall be its chairman, and in the event of an equal division of the committee the chairman shall have a second vote. If the Provost or Lord Provost of a burgh is a member of the joint committee of that burgh, he shall be deemed to be the senior Magistrate on the said joint committee. X. As to proceedings for confirming new certificate.—In a county the Justices of the Peace in Quarter Sessions assembled, and in a burgh the Magistrates, shall make such regulations with respect to the meetings of the county licensing committee and the joint committee for the burgh respectively, with respect to the meetings thereof and the transaction of business thereat, as they may think fit, and the following provisions shall have effect; that is to say,—

(1.) The application for confirmation of a certificate shall

be in the form as nearly as may be set forth in the schedule annexed to this Act, and shall be lodged (together with the certificate) with the clerk of the peace of the county within ten days after the grant of the certificate:

(2.) The county licensing committee, or the joint committee for the burgh, as the case may be, shall have power to award costs to or against any party to such proceedings, except the procurator-fiscal for the public interest, as they shall think just.

XI. Provisions for the case of Justice or Magistrate being disqualified to act as such.-No Justice of the Peace or Magistrate of a burgh shall be qualified to be appointed a member of any county licensing committee or joint committee of a burgh under this Act, unless he is qualified to Act as such Justice of the Peace or Magistrate in the execution of the Act of the ninth year of the reign of His Majesty King George the Fourth, chapter fifty-eight, according to the provisions contained in the thirteenth section thereof; and every Justice of the Peace or Magistrate of a burgh who shall be appointed a member of any such committee not being qualified as aforesaid shall, if he shall knowingly or wilfully act as a member of such committee, be liable to forfeit and pay the same penalty, to be recovered and applied in the same manner, and subject to the same conditions, as if he had been guilty of an offence under the said thirteenth section: provided that no grant of a new certificate confirmed under the provisions of this Act shall be liable to objection on the ground that the Magistrates or Justices of the Peace who granted or confirmed the same or any of them were not qualified to make such grant or confirmation.

XII. Confirmation of new certificates. Any person who appears before the Justices of the Peace or Magistrates, and opposes the grant of a new certificate, and no other person

excepting the procurator-fiscal for the public interest, may appear and oppose the confirmation of such grant by the confirming authority in counties or burghs.

XIII. Deliverances to be entered in book or register.-All deliverances or applications for the confirmation of new certificates shall be entered in the book or register appointed to be kept in terms of the schedule annexed to the Act passed in the sixteenth and seventeenth years of the reign of Her present Majesty, chapter sixty-seven.

XIV. Fees. The fees demandable in respect of proceedings under this Act shall be as nearly as may be the same as those payable under the 'Public Houses Acts Amendment (Scotland) Act, 1862,' for the like proceedings under that Act.

XV. Certificate holders need not attend licensing meeting unless required to do so.-Where a person holding a certificate applies for the renewal of his certificate, he need not attend in person at the meeting for granting and renewing certificates, unless he is required by the Justices of Peace of the county or Magistrates of the burgh, as the case may be, so to attend.

XVI. Renewal and transfer of certificates.-Subject to the provisions of this Act, certificates shall be renewed and transferred, and the powers and discretion of Justices or Magistrates and the rights of appeal relative to such renewal and transfer shall be exercised as heretofore.

XVII. Table beer licences not to be granted without certificates. -No licence in the terms of the Act passed in the twentyfourth and twenty-fifth years of the reign of Her present Majesty, chapter twenty-one, for the sale in any house, shop, or premises of table beer at a price not exceeding one penny halfpenny the quart, and not to be drunk on the premises, shall be granted by the Commissioners or by any officer of Inland Revenue to any person in Scotland who shall not produce to the said Commissioners or officer a certificate in terms of 'The Public Houses Acts Amendment (Scotland)

F

Act, 1862,' and the Acts therein recited, or of this Act, and such certificate shall be applied for, granted, confirmed, transferred, and renewed in the manner, and subject to all the provisions applicable to other certificates in the like circumstances granted, confirmed, transferred, and renewed in terms of the foresaid Acts, and, mutatis mutandis, may be in the form (so far as the same is applicable) of Schedule A, No. 3, of the 'Public Houses Acts Amendment (Scotland) Act, 1862.'

SCHEDULE.

(1.) APPLICATION FOR CONFIRMATION OF NEW CERTIFICATE.

To the County Licensing Committee for the County of

or

To the Joint Committee for the Burgh of

County of

and the

I, A. B., hereby apply for confirmation of the grant made to me of the certificate herewith produced by the [Justices of the Peace of the county of or Magistrates of the burgh

(2.) CONFIRMATION OF NEW CERTIFICATE.

This certificate was confirmed by the licensing committee of

The above confirmation is made out according to the deliverance in the book or register appointed to be kept in terms of the Act of Parliament.

G. H., Clerk,

V.

THE

PUBLICANS'

CERTIFICATES

(SCOTLAND) ACT (1876) AMENDMENT ACT, 1877.'

40 VICT. CAP. 3.

An Act to amend the Publicans' Certificates (Scotland) Act, 1876. -[23rd March 1877.]

WHEREAS it is expedient to amend the Publicans' Certificates (Scotland) Act, 1876: be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. Short title. This Act may be cited as "The Publicans' Certificates (Scotland) Act (1876) Amendment Act, 1877.'

II. Subsection 1 of section 7 of recited Act repealed.—Subsection 1 of section 7 of the recited Act is hereby repealed, and in place thereof it is enacted that the following words shall be deemed and be taken to be the first subsection of the seventh section of the recited Act, and the recited Act shall be read and construed as if the first subsection of the seventh section thereof had been originally expressed in the following words, viz. :—

The Justices of the Peace in Quarter Sessions assembled for each county, except the county of the city of Edinburgh, shall at the meeting of Quarter Sessions directed by law to be held in August of the year One thousand eight hundred and seventy-six, or at any adjournment thereof, and annually in every subsequent year, except the year One thousand eight hundred and seventy-seven,