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Where the amount is small, they may claim it from the rogue-money of the county ; but where it is large, they must apply to the Sheriff to present the account to Exchequer.
7. Liability of Justices to Prosecution. Justices are liable to prosecution criminally before the High Court of Justiciary, and civilly in the Court of Session, for acts of malversation.
Where, acting in bonu fide, great favor is shewn them by various statutes-as in all cases of summary conviction --prosecutors of Justices with regard to those3 being obliged to found on malice and want of probable cause.
But in other cases, the best intentions on the part of Justices do not protect them from the consequences of having overstepped the law; and this is especially the case in what relates to the Liberation Act, by which the most severe penalties may be incurred through mistake.
See Hutcheson, i. 1, § 8. (i. 49, 50). ? Hutcheson, i. 1, § 15. (i. 63 to 70.) 3 43 Geo. III. c. 141, § 12, found to extend to Scotland in the case of G. and A. Gibson v. Murdoch and Eaton, 18th June 1817.
4 Act !701, c. 6. Hutcheson ut supra, (i. 65.)
An affidavit is a declaration, to the truth of which an oath is taken before a magistrate. In
many cases, Justices of Peace are required to receive affidavits, as those to be made by half-pay naval and military officers, and those necessary in applications for meditatio fuge warrants, &c.
A Justice may receive an affidavit beyond the limits of his territory,—that being a matter of voluntary, not contentious jurisdiction.”
The practice of taking affidavits not acknowledged by law, has been justly condemned as useless, if not improper,' and ought not to be easily admitted of, by Justices.
For Form of Affidavit, See Appendix.
The solemn affirmation of Quakers and Moravians, is appointed by statute to be taken, and to have equal force as the oath of other persons, in all trials and other matters civil and criminal.*
The act prescribes a certain form for the above affirmation and for that by which the same persons may ratify a declaration of abjuration and allegiance.”
1 But perhaps this is a custom which had better not be encouraged without reason, as it certainly may tend to encourage the facility of preparing false documents with apparent formality.
2 Ersk. Inst. i. 2, § 4. Princ. i. 2, § 3.
5 Ibid. § 2.
ALEHOUSES, CERTIFICATES FOR THE
1. Who require Certificates. BEFORE any person may keep an alehouse, victuallinghouse, or inn, where exciseable liquors are to be sold and drunk, he must obtain authority, by a license, or rather a certificate, from the local magistrates.
2. Excise Licenses.
And, before he may actually sell exciseable liquors to be consumed in his premises, he must procure an excise license for the retail of those drinks, which cannot be granted without production of the previous certificate.”
3. Act regarding Certificates. The granting of such certificates, is now wholly regulated by the last licensing act, 9 Geo. IV. c. 58. (See Appendix.)
4. Granting Certificates within Burgh. Within royal burghs the magistrates are to grant such certificates at certain times. 3
But if there be not a sufficient number of burgh magistrates present, then certificates for the burgh may be granted by the county Justices, in the way, and at the time they grant certificates for the county ; but in such cases any of the burgh magistrates, may act along with the Justices. 4
5. Granting Certificates in Counties. In counties, the Justices are to hold two general half
| Act 9 Geo. IV. c. 58, S 30. 3 S 2-3.
4 $ 6.
yearly meetings, for granting Publicans' Certificates ; one upon the first Tuesday of May, and one upon the last Tuesday of October, which meetings may be adjourned from day to day during seven lawful days next after each of the days above noticed.
Justices may hold district meetings for this purpose, if they divide the county into districts at their Michaelmas meeting, after giving notice of the proposed division by three advertisements published one month before that Michaelmas meeting, in any newspaper circulated in the district : and notice of each district meeting, and of its time and place, together with the name and residence or of. fice of the district clerk, must be given by advertisement at the church-doors of every parish church in the district, for at least two several Sundays before the meet
6. Application for Certificates. Every applicant for a certificate, must lodge with the clerk, at least ten days before the day of meeting, a written or printed application, stating his name and designation, and describing the house or premises to which the certificate is wished to relate.3
7. Rules for ascertaining Applicants' Character, &c. The Justices may, at any general or district meeting, “ 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
1 Act 9 Geo. IV. c. 58, § 2-4.
2 Ibid. S 5.
“ also as to the mode of proceeding in transferring certi“ ficates, as herein-after mentioned.”
8. To whom Certificates to be granted. The Justices may grant certificates to such and so many persons, as the majority of the meeting thinks meet and convenient. 2
9. Renewals of Certificates. But no application for renewal of a certificate may be refused, without hearing applicant in open court, if he please to attend.5
And the cases of new applicants shall not be considered till all the others shall have been disposed of.”
10. Meetings for Licensing. All licensing meetings of Justices, must proceed with
. Two Justices to form a quorum.6
open doors, 5
1. Disqualification of Justices. No Justice, being a brewer, maltster, distiller, or dealer in, or retailer of ale, beer, spirits, wine, or other exciseable liquors, nor who is in partnership with any person of the above descriptions, nor who is proprietor or tenant of the house or premises in relation to which the certificate is applied for, may act, under this statute, on penalty of L.50, recoverable by any person who will prosecute for the same, before the Sheriff of the county, within six months.?
12. Register of Applications and Proceedings. The clerk is to register in a book, according to a pre
2 8 7.
1 Act 9 Geo. IV. c. 58, § 11. 4 12.
a $ 13.