XXVII. And be it enacted, That in Scotland all Penalties in- As to Penalties curred under the Provisions of this Act or of any of the before- in Scotland. recited Acts shall be recoverable, with Expences, either before the Sheriff of the County or the Magistrates of the Burgh or Town Corporate wherein the same may be incurred or where the Offender may reside, or before Two or more Justices of the Peace of such County, at the Instance either of the Procurator Fiscal of Court, or any Person who may prosecute for the same; and the whole Penalties, after deducting all Charges and such Remuneration to the Person prosecuting as the said Judges shall think fit, shall be paid to the Poor of the Place where such Penalties shall be awarded; and it is hereby provided, that it shall be competent for the said Courts respectively to proceed in a summary Way, and to grant Warrant for bringing the Parties complained of before them, and upon Proof on Oath by One or more credible Witnesses, or on the Confession of the Offender, or on other legal Evidence, forthwith to give Judgment on such Complaint, without any written Pleadings or Record of Evidence, and to grant Warrant for the Recovery of such Penalties and Expences decerned for failing Payment within Fourteen Days after Conviction, by Poinding, or by Imprisonment for a Period, at the Discretion of the Court, not exceeding Sixty Days, it being hereby provided that a Record should be preserved of the Charge and of the Judgment pro nounced. Appeal in Scot land to Commis sioners of Jus ticiary at Circuit Court. XXVIII. And be it enacted, That in Scotland if any Person or Persons shall feel themselves aggrieved by the Sentence of any Sheriff or Magistrates of Burghs or Towns Corporate, or Justices of the Peace, pronounced in any Case arising under this Act, it shall be lawful for such Person or Persons to appeal to the Commissioners of Justiciary at the next Circuit Court, or where there is no Circuit Court, to the High Court of Justiciary at Edinburgh, in the Manner and under the Rules, Limitations, and Conditions contained in an Act passed in the Twentieth Year of the Reign of His Majesty King George the Second, intituled An Act for taking 20 G. 2. c. 43. away and abolishing Heritable Jurisdictions in Scotland, with this Variation only, that such Person or Persons so appealing shall, in place of finding Caution in the Terms prescribed by the said Act, be bound to find Caution to pay the Penalty or Penalties and Expences awarded against him or them by the Sentence or Sentences appealed from, in the event of the Appeal or Appeals being dismissed, together with any additional Expences which shall be awarded by the Court in dismissing the said Appeal; and it shall not be competent to appeal from or to bring the Judgment of any Sheriff or Justices of the Peace acting under this Act under Review by Advocation, Suspension, or Reduction, or in any other Way than as herein provided. XXIX. And be it further enacted, That every Action or Suit Limitation of which shall be brought or commenced against any Magistrate or Actions. Magistrates, Justice or Justices, or any Peace Officer or Officers, for any Matter or Thing done or committed by virtue of or under this Act, shall be commenced within Six Calendar Months next after the Fact committed, and not afterwards, and shall be laid or brought in the City, County, or Place where the Matter in dispute shall arise, and not elsewhere; and that the Statute made in the Twenty Part of 24 G. 2. c. 44. extended to this Act. Service of Writ upon Peace Officer. Tender of Costs. In Actions for executing Act, General Issue may be pleaded. Twenty-fourth Year of the Reign of King George the Second, intituled An Act for rendering Justices of the Peace more safe in the Execution of their Office, and for indemnifying Constables and others acting in obedience to their Warrants, so far as the said Act relates to the rendering the Justices more safe in the Execution of their Office, shall extend and be construed to extend to the Magistrate and Magistrates, Justice and Justices of the Peace acting under the Authority or in pursuance of this Act; and that no Action or Suit shall be had or commenced against, nor shall any Writ be sued out or Copy of any Writ be served upon, any Peace Officer or Officers for any thing done in the Execution of this Act until Seven Days after a Notice in Writing shall have been given to or left for him or them at his or their usual Place of Abode, by the Attorney for the Party intending to commence such Action, which Notice in Writing shall contain the Name and Place of Abode of the Person intending to bring such Action, and also of his Attorney, and likewise the Cause of Action or Complaint; and any Peace Officer or Officers shall be at liberty, and may by virtue of this Act, at any Time within Seven Days after any such Notice shall have been given to or left for him, tender or cause to be tendered any Sum or Sums of Money as Amends for the Injury complained of to the Party complaining or to the Attorney named in such Notice; and if the same be not accepted, the Defendant or Defendants in any such Action or Actions may plead such Tender in bar of such Action or Actions, together with the General Issue or any other Plea, with Leave of the Court in which the Action shall be commenced; and if, upon Issue joined on such Tender, the Jury shall find the Amends tendered to have been sufficient, they shall find a Verdict for the Defendant or Defendants; and in every such Case, or if the Plaintiff shall become Nonsuit or discontinue his Action, or if Judgment shall be given for the Defendant or Defendants upon Demurrer, or if any Action or Suit shall be brought after the Time limited by this Act for bringing the same, or shall be brought in any other County or Place than as aforesaid, then and in every such Čase the Jury shall find a Verdict for the Defendant or Defendants, and the Defendant or Defendants shall be entitled to his or their Costs; but if the Jury shall find that no such Tender was made, or that the Amends tendered were not sufficient, or shall find against the Defendant or Defendants on any Plea or Pleas by him or them pleaded, they shall then give a Verdict for the Plaintiff, and such Damages as they shall think proper; and the Plaintiff shall thereupon recover his Costs against every such Defendant or Defendants. XXX. And be it further enacted, That if any Action or Suit shall be commenced against any other Person or Persons than a Magistrate, Justice, or Peace Officer, for any thing done in pursuance of this Act, the Defendant or Defendants in any such Action or Suit may plead the General Issue, and give this Act and the special Matter in Evidence at any Trial to be had thereupon, and that the same was done in pursuance and by the Authority of this Act; and if it shall appear so to have been done, or if a Verdict shall be recorded for the Defendant or Defendants, or if the Plaintiff or Plaintiffs shall be nonsuited, or discontinue his, her, or their Action after the Defendant or Defendants shall have appeared, or if Judgment shall be given upon a Verdict or Demurrer against the Plaintiff or Plaintiffs, the Defendant or Defendants in every such Action shall and may recover Treble Costs, Treble Costs. and have the like Remedy for the same as any Defendant or Defendants hath or have in other Cases by Law for the Recovery of his, her, or their Costs. XXXI. Provided also, and be it further enacted, That no Person Limitation of shall be convicted of any Offence under this Act unless the Com- Information. plaint is made within Forty-eight Hours after the Offence shall have been committed, or within such reasonable Time as to the Justice or Justices shall seem fit, except in Cases of Perjury; and that no Person who shall be prosecuted to Conviction for any Offence done or committed against this Act shall be liable to be prosecuted for the same Offence under any other Law. XXXII. And be it also enacted, That all Penalties and For- Application of feitures by this Act infiicted, and the Application of which is not Penalties. herein-before directed, shall, when recovered or paid, go and be disposed of in manner following; (that is to say,) one Moiety thereof, where any Offender or Offenders shall be convicted either by his, her, or their Confession or by the Oath or Affirmation of One or more credible Witness or Witnesses, shall go and be paid to the Person or Persons who shall inform against and prosecute to Conviction any such Offender or Offenders; and the other Moiety thereof (or in case there be no such Person informing then the whole thereof) shall go and be paid to some one of the Overseers of the Poor, or to some other Officer, (as the convicting Justice or Justices may direct,) of the Parish, Township, or Place in which the Offence shall have been committed, to be by such Overseer or Officer paid over to the Use of the general Rate of the County, Riding, or Division in which such Parish, Township, or Place shall be situate, whether the same shall or shall not contribute to such general Rate; and no Inhabitant of such County, Riding, or Division shall be deemed an incompetent Witness in any Proceeding under this Act by reason of the Application of such Penalty or Forfeiture to the Use of the said general Rate as aforesaid. XXXIII. Provided always, and be it enacted, That this Act or any thing herein contained shall not extend or be construed to extend in any way to affect, lessen, or infringe upon any Right or Custom of the Universities of Oxford or Cambridge or either of them, or of any Lord or Lords of any Leets, or the Rights of any Clerk or Clerks of the Market in any Place which may be exercised and enjoyed by them or any of them by virtue of any Charter, Bye Laws, Prescriptions, Usages, Customs, Privileges, Grants, or Acts of Parliament, except so far as relates to the Assize of Bread and the Regulations of the Price and Weight thereof; but that all such Rights and Privileges shall be held, exercised, and enjoyed, by the Parties respectively entitled thereto, as fully and amply to all Intents and Purposes as the same were held, exercised, and enjoyed before the passing of this Act, any thing herein contained to the contrary notwithstanding. Proviso for Rights of particular Persons. XXXIV. And be it further enacted, That this Act shall com- Commencemence and take effect from and after the said First Day of October ment of Act; One thousand eight hundred and thirty-six. 6 & 7 GUL. IV. Q XXXV. And not to extend to Ireland; may be altered this Session. 3&4 W. 4. c.68. Proper Officers of Excise, before granting Licences to Persons licensed in the Year preceding, shall require a Certificate of good Character in addition to the Certificate required by the recited Act. Process Servers not to be licensed to retail Spirits. Certain Persons not to retail Spirits to be consumed on the Premises. XXXV. And be it enacted, That nothing in this Act contained shall extend to Ireland. XXXVI. And be it further enacted, That this Act may be amended, altered, or repealed by any Act or Acts to be passed in this present Session of Parliament. An Act to amend an Act passed in the Third and Fourth II. And be it further enacted, That no Person appointed to III. And be it further enacted, That from and after the passing of this Act no Person in Ireland who shall be duly licensed under any Act or Acts for granting Excise Licences to deal in or sell Coffee, Tea, Cocoa Nuts, Chocolate, or Pepper, nor any Person deemed a Grocer within the Meaning of the Laws of the Excise in force in Ireland at or immediately before the passing of this Act, shall be entitled to take out any Licence to retail Spirits in the House or on the Premises of such Retailer, or in any House or on any Premises within One Quarter of a Mile of the House or Premises of such Retailer, other than a Licence to retail Spirits in Quantities not less at one Time than One Pint, and to be consumed elsewhere than in the House or on the Premises of such Retailer; and any Licence to retail Spirits in any other Manner granted after the passing of this Act to any such Grocer or Person so licensed as aforesaid shall be wholly null and void to all Intents and Purposes whatsoever. Retailers Houses shall not be open for the Sale of Spirits between Nine at Night of Sunday, and Nine in the Morning of Monday. IV. And be it further enacted, That from and after the passing of this Act no Person selling or licensed to sell Beer or Cider, Spirits or Wine, by Retail, to be drunk or consumed on the Premises, shall have or keep his House or other Place of Sale (not being a Booth or Tent at any lawful or accustomed Fair, or at any public Races,) open for the Sale of Spirits, Wine, or Beer, nor shall sell or retail Spirits, Wine, or Beer, nor shall suffer any Spirits, Wine, or Beer to be drunk or consumed in or at such House or other Place, at any Time between the Hours of Nine of the Clock in the Night of Sunday and Nine of the Clock in the Morning of Monday; and if any such Person shall keep his House or other Place of Sale open for selling or shall sell Spirits, Wine, or Beer, or suffer Spirits, Wine, or Beer to be sold, drunk, or consumed in or at such House or other Place, at any Time between the Hour of Nine of the Clock at Night on Sunday and the Hour of Nine of the Clock in the Morning of Monday, such Person shall forfeit the Sum of Two Pounds for any such Offence; and every separate Sale shall be deemed a separate Offence, and all Sales on any One Day shall be deemed and considered and may be prosecuted as separate Offences: Provided always, that nothing Exception as to herein contained shall extend to prohibit the Sale of Spirits, Wine, Travellers. or Beer to a Traveller. V. And be it further enacted, That no Person selling or licensed to sell Beer or Cider and Spirits or Wine by Retail, to be drank or consumed on the Premises, or otherwise, shall have or keep any Booth or Tent or other Place, not being a House duly licensed for the Sale of Spirits at any lawful or accustomed Fair or at any public Races, open for the Sale of Spirits, Wine, or Beer, nor shall sell or retail Spirits, Wine, or Beer, nor shall suffer any Spirits, Wine, or Beer to be sold, drunk, or consumed in or at such Booth or Tent or other Place, between the Hours of Six of the Clock in the Evening and Nine of the Clock in the Morning at any Time between the First Day of April and the First Day of the following Month of October, or between the Hours of Three of the Clock in the Afternoon and Nine of the Clock in the Morning at any Time between the First Day of October and the First Day of the following Month of April, nor at any Time whatsoever on any Sunday, Good Friday, Christmas Day, or any Day appointed for a Public Fast or Thanksgiving; and if any such Person shall keep such Booth or Tent or other Place open for selling or shall sell Spirits, Wine, or Beer, or shall suffer any Spirits, Wine, or Beer to be drunk or consumed in or at such Booth or Tent or other Place, at any Hour or Time at which the same are hereby respectively Q 2 Booths and Tents at Fairs, &c. not to be open for the Sale of Spirits, Wine, or Beer at any Hour between Six in the Evening and Nine in the Morning in Summer, and Three in the Afternoon and Nine in the Morning in Winter. |
