Page:Ruffhead - The Statutes at Large - vol 9.djvu/68

18 XIV. And for the better and more easy Recovery of the seveval Penalties and Forfeitures to be incurred by Disobedience to this Act and the Powers herein contained, Be it further enacted by the Authority aforesaid,

That it shall and may be lawful to and for the Justices of the Peace, or any one of them, within their respective Counties, Ridings, Divisions, Cities, Towns Corporate, Boroughs, Liberties or Jurisdictions, to hear and determine, in a summary Way, all Offences committed against the true Intent and Meaning of this Act; and for that Purpose to summon before them, or any of them, within their respective Jurisdictions, any Party or Parties accused of being an Offender or Offenders against the true Intent and Meaning of this Act ; and in case the Party accused shall not appear on such Summons, or offer some reasonable Excuse for his Default, then upon Oath of any credible Witness of any Offence committed contrary to the true Intent and Meaning of this Act, any such Justice or Justices shall issue his or their Warrant or Warrants for apprehending the Offender or Offenders within the Jurisdiction of any such Justice or Justices; and upon the Appearance of the Party or Parties accused, or in case he, she or they shall not appear, on Notice being given to, or left for him, her or them, at his, her or their usual Place of Abode, or if he, she or they cannot be apprehended on a Warrant granted against him, her or them, as herein before is directed ; then, and in any such Case, any such Justice or Justices is and are hereby authorized and required to proceed to make Enquiry touching the Matters complained of, and to examine any Witness or Witnesses who shall be offered on either Side, on Oath as aforesaid, and which Oath every such Justice and Justices is and are hereby authorized, impowered and required to administer; and after hearing of the Parties who shall appear, and the Witnesses who shall be offered on either Side, such Justice, or Justices shall convict or acquit the Party or Parties accused :

And if the Penalty or Money forfeited on any such Conviction shall not be paid within the Space of twenty-four Hours after any such Conviction, every such Justice or Justices shall thereupon issue a Warrant or Warrants under his Hand and Seal, or their Hands and Seals respectively, directed to any Peace Officer or Officers within their respective Jurisdictions, and thereby require him or them to make Distress of the Goods or Chattels of the Offender or Offenders within such their respective Jurisdictions, to satisfy such Penalty or Money forfeited, and the Costs of the Prosecution and Distress :

And if any Offender shall convey away his or her Goods out of the Jurisdiction of any such Justice or Justices before whom he or she was convicted, or so much thereof that the Penalty or Money forfeited cannot be levied, then some Justice within whose Jurisdiction the Offender shall have re- moved his or her Goods, shall back the Warrant granted by any Justice or Justices as aforesaid, and thereupon the Penalty forfeited shall be levied on the Offender's Goods and Chattles, by Distress and Sale thereof ;

and if within five Days from the Distress being taken, the Penalty or Money forfeited and Costs as aforesaid shall not be paid, the Goods seized or taken shall be appraised and sold, tendering the Overplus (if any) after deducting the Penalty or Forfeiture, and the Costs and Charges of the Prosecution, Distress and Sale, to the Owner or Owners thereof; which Charges shall be ascertained by the Justice or Justices before whom any such Offender or Offenders shall have been so convicted, or by the Justice who backed the Warrant (if either of them shall continue alive) and if not, by some other Justice of the County, Riding, Division, City, or Place, in which the Offender shall have been convicted, on Application for that Purpose to be made to any such Justice;

and for Want of such Distress, then every such Justice, within whose respective Jurisdiction any such Offender or Offenders shall reside or be, shall, on the Application of any Prosecutor or Prosecutors, and Proof on Oath made of the Conviction, and Nonpayment of the Penalty and Charges, by Warrant under his Hand and Seal, commit every such Offender or Offenders to the Common Gaol or House of Correction of the County, Riding, Division, City, Liberty, or Place, where such Offender or Offenders shall be found, there to remain for the Space of one Calendar Month from the Time of such Commitment, unless after such Commitment Payment shall be made of the Penalty or Money forfeited, and the Costs and Charges ascertained as aforesaid, before the Expiration of the said one Calendar Month.

XV. And be it further enacted by the Authority aforesaid, That the Justice or Justices before before whom any Person shall be convicted in that Part of Great Britain called England, in Manner prescribed by this Act, shall cause every such respective Conviction to be drawn up. in the Form or to the Effect following ; that is to say,

To wit BE it remembered, That on this  Day of  in the Year of the Reign of A. B. is convicted before  Majesty's  Justices of the Peace for the said County of  or for the or for the City, Liberty or Town of (as the Case shall happen to be) for  and  do adjudge (him, her or them,- as the Case shall be) to pay and forfeit for the same, the Sum of

Given under the Day and Tear asorefaid.

XVI. And be it further enacted by the Authority aforesaid, That in case any Person or Persons shall be convicted of any offences against this Act, before any Justice or Justices of the Peace in that Part of Great Britan called Scotland, every such Conviction shall proceed and be drawn up in the Form commonly used and practiced before such Justices of the Peace, on Convictions for other Offences of the like nature. XVII. And