tion. Upon the grant of any such application the sheriff shall cause the entries required by this Act to be made in the register, and thereupon the registrar shall issue to the applicant in, or as nearly as may be in, the form set out in the Tenth Schedule annexed hereto, a certificate of registration. Such certificate so issued shall, subject to the provisions of this Act, remain in force for a period of twelve months from the date of issue.

(4) The sheriff shall have power to award expenses against the unsuccessful party where objection has been taken to the grant or renewal of a certificate, and such expenses payable by objectors may be charged against the county or burgh police assessment, burgh general assessment, or special parish rate, as the case may be.

(5) Notwithstanding the provisions of this Act as to the duration of a certificate, where a renewal has been applied for the current certificate shall remain in force pending the final decision of the sheriff, but not exceeding three months, unless the sheriff shall in his discretion extend such time to a further period not exceeding other three months.

(6) A club failing to make application for renewal of a certificate by the date at or previous to which such application must in terms of this Act be made, shall not be granted such renewal unless the sheriff is satisfied that such failure was due to inadvertence.

(7) A club may make application for a certificate of registration at any time after the thirtieth day of November nineteen hundred and three and before the commencement of this Act, and no club which has made such application shall be deemed to be an unregistered club pending the final decision of the sheriff on such application, and any application so made shall for the purposes of this section be deemed to have been made on the first day of January nineteen hundred and four.

LXXX. Club rules qualifying for registra tion. In order that any club may be eligible to be registered, the rules of the club shall provide

(a) that the business and affairs of the
club shall be under the management
of a committee or governing body
elected for not less than a year by
the general body of members and
subject in whole or in a specified
proportion to annual re-election,
and that no member of the committee
or governing body and no manager
or servant employed in the club
shall have any personal interest in
the sale of exciseable liquors therein
or in the profits arising from such
sale;
(b) that the committee or governing body
shall hold periodical meetings;
(c) that the names and addresses of persons
proposed as ordinary members of
the club shall be displayed on a
conspicuous place in the club
premises for at least a week before
their election, and that an interval

of not less than two weeks shall
elapse between nomination and
election of ordinary members;
(d) that all members shall be elected by
the whole body of members or by
the committee or governing body,
with or without specially added
members;

(e) that there shall be a defined subscription
payable by members in advance;
that correct accounts and books shall
be kept showing the financial affairs
and intromissions of the club;
(g) that a visitor shall not be supplied with
exciseable liquor in the club premises
unless on the invitation and in the
company of a member, and that the
member shall, upon the admission of
such visitor to the club premises or
immediately upon his being supplied
with such liquor, enter his own name
and the name and address of the
visitor in a book which shall be kept
for the purpose, and which shall
show the date of each visit;

(h) that no exciseable liquors shall be sold
or supplied for consumption outside
the premises of the club except as
hereinafter provided;

(i) that no person shall be allowed to

become honorary or temporary members of the club or be relieved of the payment of the regular entrance fee or subscription, except those possessing certain qualifica tions defined in the rules, and subject to conditions and regula. tions prescribed therein;

() that no person under eighteen years of age shall be admitted a member of the club unless the club is one primarily devoted to some athletic purpose, and, in the latter case, that no exciseable liquors shall be sold or supplied to any person under eighteen years of age:

Provided always that this section shall not apply to any lodge of Freemasons duly constituted under a charter from the Grand Lodge of Scotland, and that sub-sections (c), (d), and (j) of this section shall not apply to a University Students' Union which is recognised and certified as such to the registrar by the Senatus Academicus of a University.

LXXXI. Competent grounds of objection to registration.-The sheriff shall not consider any objection to the grant or renewal of a certificate unless it is taken upon one or more of the following grounds:

(a) that the application made by the club, or its rules, or any of them, are in any respect specified in such objection not in conformity with the provisions of this Act; or

(b) that the club has ceased to exist or that the number of members is less than twenty-five; or

(c) that it is not conducted in good faith as a club, or that it is kept or habitually used for any unlawful

are

purpose, or mainly for the supply of exciseable liquor; or (d) that there is frequent drunkenness on the club premises or that persons in a state of intoxication frequently seen to leave the club premises or that the club is conducted in a disorderly manner; or (e) that illegal sales of exciseable liquor have taken place on the club premises; or () that persons who are not members are habitually admitted to the club merely for the purpose of obtaining exciseable liquor; or

(g) that the club occupies premises in
respect of which, within twelve
months next preceding the forma
tion of the club, a certificate for the
sale of exciseable liquors has been
forfeited or the renewal of such
a certificate has been refused, or in
respect of which an order has been
made that they shall not be used for
the purposes of a club; or

(h) that the supply of exciseable liquor to
the club is not under the control
of the members or the committee
appointed by the members; or
(i) that any of the rules of the club are
habitually broken; or

(j) that the rules have been so changed as
not to be in conformity with the
provisions of the immediately pre-
ceding section of this Act.

LXXXII. Search warrant to enter club.-(1) If a justice of the peace of any county or magistrate of any burgh is satisfied by information on oath that there is reasonable ground for supposing that any registered club is so managed or carried on as to constitute a ground of objection to the renewal of its certificate in terms of the immediately preceding section, or that an offence under this Act has been or is being, committed in any registered club, or that any exciseable liquor is sold or supplied or kept for sale or supply on the premises of an unregistered club, he may grant a search warrant to any constable or constables named therein.

(2) A search warrant granted under this section shall authorise the constable or constables named therein to enter the club at any time, if need be by force, and to inspect the premises of the club, to take the naines and addresses of any persons found therein, and to seize any books and papers relating to the business of the club.

(3) In the event of any person or persons found in said premises refusing to give their respective names and addresses when requested by any such constable, or giving false names or addresses, such person or persons so doing shall be liable severally on summary conviction to a fine not exceeding five pounds.

LXXXIII. Penalty far supplying or keeping exciseable liquor in unregistered club.-(1) If any exciseable liquor is supplied or sold to any member or other person on the premises of an unregistered club, every person supplying or

selling such liquor, every person who shall pay for such liquor, and every person authorising the supply or sale of such liquor shall be liable, on summary conviction, to imprisonment with or without hard labour for a terin not exceeding one month, or to a fine not ex. ceeding fifty pounds, or to both.

(2) If any exciseable liquor is kept for supply or sale on the premises of an unregistered club, the same, and the vessels containing the same may be seized by the police under a warrant from a justice of the peace, or magistrate, granted after examination on oath of a credible witness to the fact that such liquor is so kept, and every officer and member of the club shall be liable on summary conviction to a fine not exceeding for a first offence seven pounds, and for a second offence fifteen pounds, and for a third or subsequent offence thirty pounds, unless he proves to the satisfaction of the court that such liquor was so kept without his knowledge or against his consent, and on such conviction such liquor and the vessels contain ing the same shall be forfeited and sold, and the proceeds thereof paid into the funds of the county or into the police funds of the burgh.

LXXXIV. Penalties for supplying exciseable liquor for consumption outside registered club.If any exciseable liquor is sold or supplied in a registered club for consumption outside the premises of the club, except to a member on the premises, and for his own consumption, or to a person holding an excise licence for the sale of such liquor, every person supplying or selling such liquor, every person who shall pay for such liquor, and every person authorising the sale or supply of such liquor, shall be liable severally, on summary conviction, to a fine not exceeding for a first offence seven pounds, for a second offence fifteen pounds, and for a third or subsequent offence thirty pounds, unless he proves to the satisfaction of the court that such liquor was so sold or supplied without his knowledge or against his consent, and where it is proved that such liquor has been received, delivered, or distributed within the premises of the club and taken outside the premises it shall, failing proof to the contrary, be deemed to have been so taken for consumption outside the premises.

LXXXV. Power to cancel certificate of regis ration.-(1) On summary complaint by or at the instance of any person or council competent to lodge objections to the grant or renewal of a certificate of registration, it shall be lawful for the sheriff, and also, in a burgh, for any magistrate, to pronounce a finding that on grounds to be specified therein a registered club is being so managed or carried on as to constitute a ground of objection to the renewal of its certificate as herein before provided.

(2) Where such finding has been pronounced, or where a conviction has taken place under the provisions of the immediately preceding section, a certified copy of the complaint and finding, or of the complaint and conviction, as the case may be, shall within six days from the date of such finding or conviction be transmitted by the clerk of the court (not being the

sheriff clerk) to the registrar, who shall forth with make an entry of every such finding or conviction in the register of clubs, and lay the same before the sheriff, and it shall be lawful for the sheriff, if he think fit, and after such further inquiry as he may think necessary, having regard to the magnitude of the offence or to the grounds specified as aforesaid, to cancel the certificate of the club for the period for which it may still have to run, provided always that it shall be competent for such club to apply for the renewal of the certificate at the date at which it would have been competent to do so had the certificate not been cancelled.

by an officer of court at the registered address of the club.

LXXXVIII. Sheriff's decision final.—(1) The jurisdiction of a sheriff being a member of any club shall not be excluded by such membership.

(2) The decision of the sheriff in dealing with an application for an original certificate or for the renewal of a certificate or in cancell ing a certificate shall be finai and not subject to review.

LXXXIX. Penalty for making false applica tion. If the secretary of any club or any other

application for registration which is false in any material particular, he shall be liable on summary conviction before the sheriff to imprisonment, with or without hard labour, for a term not exceeding three months, or to a fine not exceeding fifty pounds, or to both.

LXXXVI. Penalties for offences by officials of registered club.-Where a finding has been pronounced that a registered club is being so managed or carried on as to constitute a ground of objection to the renewal of its certificate, then, if the following grounds, or any of them, are specified in such finding, videlicet:

(1) that it is not conducted in good faith as a club, or that it is kept or habitually used for any unlawful purpose, or mainly for the supply of exciseable liquor; or

(2) that there is frequent drunkenness on the club premises, or that persons in a state of intoxication are frequently seen to leave the club premises, or that the club is conducted in a disorderly manner; or

(3) that persons who are not members are habitually admitted to the club merely for the purpose of obtaining exciseable liquorevery person entered in the register of clubs as an official or a member of the committee of management or governing body of the club shall, unless he satisfies the court that the club was so managed or carried on without his knowledge or against his consent, be liable on summary conviction to a penalty not exceed. ing for a first offence seven pounds, for a second offence, whether in connection with the same or another club, fifteen pounds, and for a third or subsequent offence as aforesaid thirty pounds.

LXXXVII. Citation of registered club.-Any citation of a registered club may be validly made in the registered name thereof in terms of the Citation Amendment (Scotland) Act, 1882, or by a copy of such citation being left

XC. Definitions for this Part of Act.-In this Part of this Act the expression"Certificate" shall mean a certificate of registration:

"Registered club" shall mean a club holding a certificate of registration in force at the time:

"Secretary" shall include any officer of a club or other person performing the duties of a secretary.

PART VI.

LEGAL PROCEEDINGS.

XCI. Prosecution of offences and application of penalties and expenses. (1) Every person who shall commit any breach of certificate, or who shall in any other manner offend against 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 authorised, before the sheriff or any two or more justices of the peace of a county or any magistrate of a royal, parliamentary, or police burgh having jurisdiction in the county or burgh, as the case such offence shall have been committed, at the may be, in which such offender shall reside or instance of the procurator fiscal, or other prosecutor ordinarily acting in such respective courts or in the case of a justice of the peace or burgh police court at the instance 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 town Council of the burgh, as the case may be, and which appointment they are hereby specially authorised to make, and such justices of the peace in general quarter sessions, or town council, as the case may be, may from time to time fix a reasonable sum in name of salary, or a reasonable rate of remuneration by fees for prosecution, and all other business under this Act, to be paid annually to such procurator fiscal 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 on behalf of the county council or town council, as the case may be, together with all necessary and proper outlays attending such prosecutions and such business, shall form a proper charge against, and shall be paid annually out of, the fund of the county out of which the expenses of criminal prosecutions are in use to be paid, and in royal or parliamentary burghs having a separate licensing court 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 this Act shall, when recovered, if adjudged by any sheriff, or justice or justices of the peace, or magistrate of any burgh (other than a royal or parliamentary burgh having a sepa rate licensing court), be wholly paid into the county fund, and, if adjudged by any magistrate of any royal or parliamentary burgh having a separate licensing court, 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.

(3) Breaches of certificate and other offences in this section referred to may, unless by this Act otherwise specially directed or authorised, be prosecuted and tried as police offences before and by any magistrate or magistrates of any royal, parliamentary, or police burgh officiating in any court for the trial of police offences under the provisions of any local or general Police Act, in the same way and manner in all respects as may be provided for the trial of police offences by any such local or general Police Act in force in the county, district, or burgh, where the offender shall reside, or the offence shall have been committed, and such magistrate or magistrates shall have power to impose the penalties and punishments, and declare the forfeitures, provided in that behalf by this Act.

(3) Every offence committed against this Act shall, except where inconsistent with the provisions and conditions of this Act, be tried and determined under the provisions of the Summary Jurisdiction Acts, and in the event of an offender being convicted, and failing to make payment of the penalty which may have been imposed, immediately or within a specified period, he shall be liable to imprisonment in accordance with the provisions of the Summary Jurisdiction Acts, and it shall be lawful for the sheriff, justice or justices, magistrate or magistrates, before whom any 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 Provided that, in any complaint brought under this Act, the description of any offence against this Act in the words of the Act, or of any certificate granted thereunder, shall be sufficient in law.

XCII. Citation and procedure on complaint for breach of certificate.-A person complained of for committing any breach of certificate shall be cited to appear before the court haying jurisdiction at least six free days before

the diet of appearance: Provided that, if such person cannot on search be found personally, he may be cited either at his place of abode or at his licensed premises. Any person so complained of may be legally convicted either on his own confession or by the testimony on oath of one or more credible witness or witnesses, or upon other legal evidence.

XCIII. Warrant to apprehend on complaint for trafficking.-In the case of any person complained of for trafficking in exciseable liquors in any place or premises without having obtained a certificate in that behalf, it shall be lawful for any sheriff, or any one justice or magistrate if he shall see fit, instead of granting warrant to summon such offender, to grant warrant to apprehend such offender to answer to the complaint and to be further dealt with as is provided by this Act.

XCIV. Police to report all offences.-A chief officer of police shall, without undue delay, report to the procurator fiscal or other party by this Act directed to prosecute offenders all offences committed against this Act coming to his knowledge, and shall at all times use the means within his control for the detection and, when necessary, the apprehension of all offenders.

or

XCV. Power to police to enter eating houses, hotels, &c.-It shall be lawful for any chief constable, superintendent, lieutenant, inspector of police at any time to enter and inspect any eating house, temperance hotel, shop, or other place, or any boat or vessel, where food or drink of any kind is sold to be consumed on the premises, or in which he shall have reason to believe that exciseable liquors of any kind are being unlawfully trafficked in; and it shall also be lawful for any constable having an authority in writing from any justice of the peace or magistrate, or from any chief constable, superintendent, lieutenant, or inspector of police, in any county, district, or burgh, and which they are severally hereby authorised to grant, to enter and inspect any such eating houses, temperance hotels, shops, or places, or any such boats or vessels, within such county, district, or burgh respectively, at any time or times within eight days from the date of such writing, as nay be specially mentioned in such writing; and any person who shall refuse to admit or shall not admit such officer of police or constable into any such eating house, temperance hotel, shop or other place, boat or vessel, or shall offer obstruction to his admission thereto, shall thereby be guilty of an offence, and may be apprehended on a warrant to that effect granted by the sheriff or by any one justice of the peace or magistrate, and on being convicted thereof shall forfeit and pay a penalty not exceeding ten pounds: And it shall be lawful for any officer of police or constable of any county, district, or burgh, without any written authority, at any time to enter and inspect any licensed inn and hotel or public-house therein situated, and also, where he shall have reason to be lieve that a breach of certificate is being com.

mitted, at any time without written authority to enter and inspect the premises of any grocer or provision dealer trading in exciseable liquors; and any person who shall refuse to admit or shall not admit such officer of police or constable into such licensed inn and hotel, public-house, or premises, or shall offer obstruction to his admission thereto, shall thereby be guilty of an offence, and on being convicted thereof shall forfeit and pay a penalty not exceeding ten pounds.

XCVI. Warrant to seize exciscable liquors found in unlicensed premises, and penalties.— It shall be lawful for any justice of the peace of any county or district, or magistrate of any burgh, upon being satisfied by the personal examination on oath of a credible witness that there is reasonable ground for believing that exciseable liquors are trafficked in within any house or other premises within such county or burgh, as the case may be, not licensed for the sale thereof, or by any person not having a licence to sell exciseable liquors in or at such house or premises, or that such liquors are illegally kept for sale or for the purpose of being trafficked in at such house or premises, to grant warrant under his hand authorising any chief constable, superintendent, lieutenant, inspector, or sergeant of police, with any constables to enter such house or place at all times and to search for exciseable liquors, and if the same be found in such house or place exceeding one gallon to seize such exciseable liquors, together with the vessel or vessels in which the same are contained; and such warrant shall continue in force for one month from the date thereof, and shall be a sufficient authority to the chief constable, superintendent, lieutenant, inspector, or sergeant of police therein named, and their assistants respectively, to enter into such house or place and seize all such liquors as aforesaid and the vessels containing the same, and to carry away and retain the same until disposed of as hereinafter provided: And the person occupying or using the premises where such liquors shall be found as aforesaid shall thereby be guilty of an offence, and on being convicted thereof shall forfeit and pay for the first offence a penalty not exceeding five pounds, and for the second and every subsequent offence a penalty not exceeding ten pounds: And all such exciseable liquors and the vessels containing the same so seized as aforesaid shall be forfeited and sold, without further warrant, and the proceeds of such sale shall be paid into the funds of the county or police funds of the burgh, and where there are no police funds into the corporation funds of the burgh, as the case may be, in which the premises in which such liquors shall have been found are situate.

XCVII. Proof of trafficking in exciseable liquor in shebeens.-In order to warrant the conviction of any person for trafficking in any exciseable liquors in any place or premises without a certificate in that behalf, it shall be sufficient, in the absence of contrary evidence, to prove that some person other than the owner or occupant of such place or premises

shall at the time charged have been found in such place or premises drunk or drinking, or having had drink supplied to him therein, and that such place or premises is or are by repute kept as a shebeen, or at the time charged contained drinking utensils and fittings usually found in houses licensed for the sale of exciseable liquors.

XCVIII. Burden of proof in case of drunkenness on licensed premises.-Where a licensed person is charged with permitting drunkenness on the premises, and it is proved that any person was drunk on his premises, it shall lie on the licensed person to prove that he and the persons employed by him took all reasonable steps for preventing drunkenness on the premises.

XCIX. Convictions to be transmitted to clerk to licensing court.-A certified extract of every conviction under this Act for a breach of the terms and conditions of any certificate granted under the authority of this Act shall, within six days after such conviction, be transmitted by the clerk of court to the clerk to the licensing court within whose jurisdiction the party convicted shall reside, under a penalty of five pounds, to be recovered before the sheriff within six months next after the time when such transmission ought to have been made; and the clerk to the licensing court shall enter such convictions in the book or register required to be kept by him in terins of this Act, and opposite to the name of the person therein entered to whom the same applies, the date of the conviction, specifying therein whether the same is the first, second, or third or subsequent conviction; and the said book or register shall be produced by the clerk to the licensing court at every general meeting of such court held in pursuance of this Act.

C. Clerk to licensing court to certify convictions to Inland Revenue.-The clerk to the licensing court shall certify to the Commissioners of Inland Revenue, or to the collector of Inland Revenue in the particular district, the conviction of every person convicted of an offence in breach of the conditions and terms of his certificate, by which conviction such certificate has thereupon been adjudged null and void, which certificate of conviction shall be transmitted to the said Commissioners of Inland Revenue, or collector, within six days next after such conviction shall have taken place, if such clerk officiated as clerk of court at such conviction, and if such clerk did not so officiate, then within six days after such conviction shall have been transmitted to him, on pain of the said clerk to the licensing court forfeiting for every neglect so to do the sum of five pounds, to be recovered before the sheriff within six months next after the transmission by this Act ought to have been made; and such certificate of conviction shall be in the form contained in the Eleventh Schedule annexed hereto.

CI. Appeal from justices to quarter sessions. -If any person shall consider himself to be