Distress and Sale, to the Owner or Owners thereof, which Charges shall be ascertained by the Magistrate or Magistrates, Justice or Justices, before whom any such Offender or Offenders shall have been so convicted, or by the Magistrate or Justice who backed the Warrant if then alive, and if not, by some other Magistrate or Justice of the City, County, Division or Place, in which the Offender shall have been convicted, on Application for that PurIf no Distress, pose, to be made to any such Magistrate or Justice; and for want of such Distress, then every such Magistrate or 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 or Affirmation as aforesaid 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 City, County, Division or Place, where such Offender or Offenders shall be found, there to remain for the Space of Two Calendar Months from the Time of such Commitment, unless, after such Commitment, Payment shall be made of the said Penalty or Forfeiture, and Costs and Charges, before the Expiration of the Application of said Two Calendar Months; and all such Penalties and Forfeitures when recovered shall be paid, One Half to the Informer, and the other Half shall be paid to the Magistrate or Magistrates, Justice or Justices of the Peace, and within Seven Days after his or their Receipt thereof, to be transmitted by him or them to the Churchwardens or Overseers of the Parish or Parishes where the Offence shall be committed, there to be applied for the Benefit of the Poor thereof.

Offender imprisoned.

Penalties.

Power to sum

XIV. And be it further enacted, That if it shall be made out mon Witnesses. by the Oath (or Affirmation as aforesaid) of any credible Person or Persons, to the Satisfaction of any Magistrate or Magistrates, Justice or Justices, that any Person or Persons within the Jurisdiction of any such Magistrate or Magistrates, Justice or Justices, is or are likely to give or offer material Evidence on Behalf of the Prosecutor of any Offender or Offenders against the true Intent and Meaning of this Act, or on Behalf of the Person or Persons accused, and will not voluntarily appear before such Magistrate or Magistrates, Justice or Justices, to be examined, and give his, her or their Evidence upon Oath or Affirmation as aforesaid, concerning the Premises, every such Magistrate or Magistrates, Justice or Justices, is and are hereby authorized and required to issue his or their Summons to convey every such Witness and Witnesses before any such Magistrate or Magistrates, Justice or Justices, at such seasonable time or times as in such Summons shall be fixed; and if any Person or Persons so summoned shall neglect or refuse to appear (after having been paid or tendered a reasonable Sum for his, her or their Costs, Charges and Expences) at the Time by such Summons appointed, and no just excuse shall be offered for such Neglect or Refusal, then, after Proof upon Oath or Affirmation, as aforesaid, of such Summons having been duly served upon the Party or Parties so summoned, every such Magistrate and Magistrates, Justice and Justices, is and are hereby authorized and required to issue his or their Warrant or Warrants, under his Hand and Seal or their Hands and Seals, to bring every

Witnesses re

fusing, &c. to attend, or to be

examined, (Expences

being paid or tendered,)

such

a

such Person or Persons before any such Magistrate or Magis
trates, Justice or Justices; and on the Appearance of such Person
or Persons before such Magistrate or Magistrates, Justice or
Justices, every such Magistrate or Justice is and are hereby au-
thorized and empowered to examine upon Oath (or Affirmation)
every such Witness; and if any such Person or Persons on his, may be com-
her or their Appearance, or on being brought before any such mitted.
Magistrate or Magistrates, Justice or Justices, shall refuse to be
examined upon Ŏath (or Affirmation) concerning the Premises,
without offering any just Excuse for such Refusal, any such
Magistrate or Magistrates, Justice or Justices, within the Limits
of his or their Jurisdiction, may, by Warrant under his Hand and
Seal or their Hands and Seals, commit any Person or Persons so
refusing to be examined to the public Prison of the City, County,
Division, Liberty or Place in which the Person or Persons so
refusing to be examined shall be, there to remain for any Time
not exceeding Fourteen Days, as any such Magistrate or Ma-
gistrates, Justice or Justices, shall order and direct.

XV. And be it further enacted, That if any Person or Persons Perjury.
who shall take any Oath (or Affirmation) by this Act directed to
be taken, or be examined on Oath (or Affirmation) by virtue or
in the Execution of this Act, shall wilfully forswear or shall
falsely affirm himself, herself or themselves, every such Person or
Persons shall be subject and be liable to be prosecuted for Per-
jury by Indictment or Information, according to due course of
Law; and if convicted thereof, shall be subject and liable to the
like Pains and Penalties which Persons convicted of wilful and
corrupt Perjury are subject and liable to.

XVI. And be it further enacted, That the Magistrate or Magis- Form of Contrates, Justice or Justices, before whom any Person or Persons viction.

shall be convicted in Manner prescribed by this Act, shall cause
every such Conviction to be drawn up in the Form or the Effect
following; (that is to say,)

'to wit.

BE it remembered, That on this
Day of

in the

Year of the Reign of His present Majesty, A. B. is convicted

Majesty's Justices of the Peace for
or, for the

• Division of the said County of

City, Liberty or Town, [as the case may be,] for

or, for the

• and do adjudge him, her or them [as the case may be] to forfeit

• and pay for the same the Sum of

• Given under

' aforesaid.'

Hand and Seal, the Day and Year.

XVII. And be it further enacted, That no Certiorari, Letters Conviction not of Advocation or of Suspensation, shall be granted, to remove removeable. any Conviction or other Proceedings had thereon in pursuance of

this Act.

if

XVIII. Provided always, and it is hereby further enacted, That Appeal to any Person or Persons convicted of any Offence punishable by Quarter Sesthis Act, shall think him, her or themselves aggrieved by the sions. Judgment of the Magistrate or Magistrates, Justice or Justices, before whom he, she or they shall have been convicted, such

I 4

Persons

་

Final.

Persons shall have Power from time to time to appeal to the Justices at the next General or General Quarter Sessions of the Peace which shall be held for the City, County, Division, Liberty, Town or Place where such Judgment shall have been given, and that the Execution of such Judgment shall in such case be suspended, the Person so convicted entering into a Recognizance at the Time of such Conviction, or within Twenty four Hours after the same shall be made, with Two sufficient Sureties, in double the Sum which such Person shall have been adjudged to pay or forfeit, upon Condition to prosecute such Appeal with Effect, and to be forthcoming to abide the Judgment and Determination of the Justices at their said next General or Quarter Sessions; which Recognizance the Magistrate or Magistrates, Justice or Justices, before whom such Conviction shall be made, is and are hereby empowered and required to take; and the Justices in the said General or General Quarter Sessions are hereby authorized and required to hear and finally determine the Matter of every such Appeal, and to award such Costs as to them shall appear just and reasonable to be paid by either Party; and if, upon hearing the said Appeal, the Judgment of the Magistrate or Magistrates, Justice or Justices, before whom the Appellant or Appellants shall have been convicted, shall be confirmed, such Appellant or Appellants shall immediately, or within Twenty four Hours afterwards, pay down the Sum he, she or they shall have been adjudged to have forfeited, together with such Costs as the said Justicés in their said General or General Quarter Sessions shall award to be paid to the Prosecutor or Informer, for defraying the Expences sustained by reason of any such Appeal; and in Default of the Appellant's paying the same, any Two Justices, or any Magistrate or Justice of the Peace having Jurisdiction in the Place into which any such Appellant or Appellants shall escape, or where he, she or they shall reside, shall and may, by Warrant under their Hands and Seals or his Hand and Seal, commit any such Appellant or Appellants to the Common Gaol of the City, County, Division or Place where he, she or they shall be apprehended, until he, she or they shall make Payment of such Penalty, and of the Costs and Charges which shall be adjudged on the Conviction; but if the Appellant or Appellants in any such Appeal shall make good his, her or their Appeal, and be discharged of the said Conviction, reasonable Costs shall be awarded to the Appellant or Appellants against such Informer or Informers who would (in case of such Conviction) have been entitled to a Moiety of the Penalty to have been recovered as aforesaid; and which Costs shall and may be recovered by the Appellant or Appellants against any such Informer or Informers, in like manner as Costs given at any General or General Quarter Sessions are recoverable: Provided always, that no Person shall be detained in Prison for Imprisonment. any such Offence for a greater Length of Time than Two Calendar Months.

Proceedings upon affirming

Conviction on Appeal or otherwise.

Limitation of

If Conviction happen within

Six Days before Quarter Sessions, Appeal may be made to

XIX. Provided always, and be it further enacted, That if any such Conviction shall happen to be made within Six Days before any General or General Quarter Sessions of the Peace shall be held for the City, County, Division, Town Corporate, Borough or Place where such Conviction shall have been made, then the

Party

Party or Parties who shall think him, her or themselves ag- Sessions folgrieved by any such Conviction, shall and may, on entering into lowing. Recognizance in Manner and for the Purposes before directed, be at liberty to appeal either to the then next or next following General or General Quarter Sessions of the Peace which shall be held for any such County, Division, City, Town Corporate, Borough, Liberty or Place where any such Conviction shall have been made.

No Action, &c. against Peace

Officers till Notice.

XX. 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 Months 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 fourth Year of the Reign of King George the Second, in- 24 G. 2. c. 44. tituled 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 issued 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 Notice in Writing shall have been given to or left for him or them at his or their usual Place of Abode, by the which Attorney for the Party intended to commence such Action,; 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 is not accepted of, the which may be pleaded. 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 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 case 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, Costs

or

Within which

Time such tender Amends;

Officer may

Costs.

In Action for

or that the Amends tendered were not sufficient, or shall find
against the Defendant or Defendants, or 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.

XXI. And be it further enacted, That if any Action or Suit executing Act. shall be commenced against any other Person or Persons than a Justice, or other Peace Officer, for any thing done in pursuance of this Act, the Defendant or Defendants in every such Action or General Issue. 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 to have been so 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 a Judgment shall be given upon a Verdict or Demurrer against the Plaintiff or Plaintiffs, the Defendant or Defenddants in every such Action shall and may recover 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.

Treble Costs.

Limitation of
Prosecutions.

No double
Prosecution.

Application of
Penalties.

Proviso for

Rights of the
Universities.

XXII. Provided always, and be it further enacted, That no Person shall be convicted of any Offence under this Act, unless the Information in order for such Conviction shall be exhibited within Fourteen Days after the Offence committed (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.

XXIII. And be it further enacted, That all Penalties and Forfeitures by this Act inflicted, the Application of which is not hereinbefore 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 the Churchwardens and Overseers of the Poor of the Parish or Parishes, for the Use of the Poor of the said Parish wherein such Offence shall be committed, in such manner as the said Churchwardens and Overseers of the Poor shall, in his or their Discretion, think fit.

XXIV. Provided always, and be it further enacted, That neither this Act or any thing herein contained shall extend or be construed to extend to prejudice the ancient Right of Custom of the University of Oxford or of Cambridge, or either of them, or their or either of their Clerks of the Market, or the Practice within the several Jurisdictions of the said Universities, or either of them, used to sit, ascertain, and appoint the Assize and Weight of all Sorts of Bread to be sold or exposed to Sale within their several Jurisdic