Page:Ruffhead - The Statutes at Large - vol 8.djvu/340

3o6 C. 40. Anno tricefimo primo Gror g 1 1 II. A. D. 1757. Recovery and Applica- XV. And, for the more fpeedy recovery of all and every the Money which fhall be forfeited tion of Forfeitures, viz. Breach or Non-obfervance of any Part of this A61, and for the difpofing thereof; Be it further Ofi Complaint made, on e!ia6i:ed by the Authority aforefaid, That on Complaint being made, on Oath, to any Juftice or <Jath, 01 dieO.fence, Juftices of the Peace of any Offence committed againft this Act, witliin his or their refpeclive Ju- kt' ■'ihe OireaderT/"' '""^^'""s, fuch Juftice or Juftices is and are hereby required and authorized to ifTue his or their Witntjles. " "' " Summons to convene thePerfon orPerfons charged with being an Offender or Offenders againft this Aef, and alfo any Witnefs or Witnefles for any of the Parties, at a certain Time and Place in fuch Summons to be fpecified ; and if any one fo fummoned fhall not appear on fuch Summons, or offer fome reafonable Excufe for the Default, then any fuch Jutlice or Juftices fliall iffue his or their War- rant or "Warrants for apprehending the Party or Parties fo making Default within the Jurifdidfion of any fuch Juftice or Juflices ; and upon the Party or Parties complained againft appearing, or being and on the Parties ap- brought before any fuch j uftice or Juftices on his or th^ir Warrant or Warrants ; or in cafe the ^L7i"u ""^ "is^^'^^roc'cd ^^^y °'" parties complained againft Ihall not appear on fuch Summons being ferved on him, or left for to h^ar and determine ^^" or them at his or their ufual Place of Abode, and Proof fliall be made thereof, by Oath, before any the Matter of Complaint fuch J uilice or Juftices ; then every fuch Juftice and Juftices is and are hereby authorized and re- in a fummary Way j quired to proceed to make Enquiry touching the Matters complained of, and to examine into the fame by the Oath or Oaths of imy credible Perfon or Perfons as fhall be requifite, and to hear and determine the Matter of every fuch Complaint ; and, upon ConfeiTion of the Party, or Proof of one credible Witnefs, upon Oath, to convi£t or acquit the Party or Parties againft whom Complaint and on Mon-payment of fhall be made ; and if the Aloney forfeited fhall not be paid down on every fuch Convldlion, every the Forfeiture, on Con- f^ch Juftice or Juftices fhall ifl'ue his or their Warrant or Warrants under his Hand and Seal, or their Hands and Seals, for levying thereof within his or their Jurifdidlion, by Diftrefs on the Goods and Chatties of every fuch Offender or Offenders, and to caufe Sale to be made of fuch Goods and Chatties, in cafe the Money forfeited, together with the Charges of fuch Diftrefs and Sale, fliall not be paid within live Days after the making any fuch Diftrefs and Sale, rendering the Overplus, if any, to the Owner thereof, upon Demand, after dedudling the reafonable Charges of every fuch Diftrefs and Sale ; and if any fuch Offender fhall not have any Goods or Chatties within thejurif- diction of fuch Juftice or Juftices, whereon the Money forfeited can be prefently levied, any Juflice or Juftices within whofe Jurifdiifion any fuch Offender or Offenders fhall be, fhall and may iftue a virion, is to ilFue his M'arrant for the levying thereof by Diftrefs and Sale : and for want ef Diftrefs to commit the Offender for any Time not ex- ceeding I Month, nor lefs than Payment loDa s unlefs Warrant or Warrants under his Hand and Seal, or their Hands and Seals, on the Apj)lication, or be fooner made, ori the Behalf, of any Informer or Informers, to apprehend every fuch Offender and Ofrenders, and Witnefs refuHng to be examined, may be com- mitted for any Time not exceediagioDays. Seller jggnered by th«  Judgment of a Juiiice, >nay arp.'al to the Quar- t«r-iertionS ) »nfering into a Recopni- sincr, and giving Stcu- ruy to proiccute the Ap- peal with EfTccl i and giving due Kotice th're 'f t») tbcProUiuar, Jartice} to hear and de- t'-rmme the Milter nf thff Appeal accordingly, aii4 award Colis ; flieir Deternr.iAition to ve final, ^c. to con-.mit him or them to fome publick Prifon or Houfe of Corre61:ion of the County, Divifion, City, Town, or Place, in which any fuch Offence fhall have been committed, there to remain for any Time not exceeding one Calendar Month, nor lefs than ten Days, from the Time of every fuch Commitment, unlefs fuch Offender or Offenders fhall fooner pay the Money forfeited ; and if any Witnefs who fliall appear or be brought by any Warrant before any fuch Juftice or Juftices, fhall refufe to be examined, any fuch Perfon fo refufmg to be examined, may be committed by any fuch Juftice or Juftices to fome Prifon of the County, City, or Place, where fuch Witnefs fhall fo make Default, for any Time not exceeding ten Days from the Time of every fuch Commitment, as any fuch Juftice or Juftices fliall think fit. XVI. Provided always, and be it further ena£led. That if any Perfon or Perfons convifled of any Offence punifliable by this Afl, or for felling any Trufs or Truffes of Hay, of lefs Weight than the fame ought to be, fliall think him, her or thcmfelves aggrieved by the Judgment or Determina- tion of any Juftice or Juftices as aforefaid, fuch Perfon or Perfons may appeal againft the fame to the Juftices at the General or General Qiiarter-SefTions of the Peace of the County, City, or Place, in which any fuch Conviction fhall have been made, which fhall be held next after any fuch Con- vi6lion, unlefs fuch next General or General Quarter-SeiTions of the Peace for any fuch County, City, or Place, fhall be held within fix Days next after any fuch Conviction ; and if any fuch Ge- neral or General Quarter-Scflions of the Peace, fhall happen to be fo held within the faid Space ol fix Days next after any fuch Conviction, then it fhall be lawful for any fuch Perfon or Perfons to appeal againit any fuch Judgment or Determination, to the Juftices at the fecond General or General Qiiarter-SefTions of the Peace which fhall be held for any fuch County, City, or Place, next after any fuch Conviction ; but the Party or Parties who fhall think fit fo to appeal, fhall, before any fuch Appeal ffiall be received, enter into a Recognizance with two fufficient Sureties, before fuch Juftice or Juftices as aforefaid, in double the Sum which fuch Perfon or Perfons fhall have been ad- judged to pay or forfeit, to profecute every fuch Appeal with Efteit, and to be forthcoming to abide by and obey the Judgment and Determination of the Juftices at any fuch General or General Qiiar- tcr-StfTions of the Peace on every fuch Appeal, and fhall alfo give three Days Notice, in Writing, of every fuch Appeal, to, or leave the fame at the ufual Place of Abode of the Perfon or Perfons who fhall have profecutcd to Conviction the Party or Parties fo appealing ; and the Juftices of the Peace at fuch General or General Quarter-Sefllons, are hereby authorized and required, on every fuch Appeal being made, finally to hear and determine the Matter of every fuch /ppeal, and to make fuch Order, and to award ("uch Cofts therein, as they in their Difcreiion fliall deem meet ; and the Determination of fuch Court of Cieneral or General Qiiarter-Seftions, on every fuch Appeal, fliall be; l!)ial and conclufive to all Parties thereto, and no Certiorari fliall be allowed to remove any fuch Proceedings or Determination, XVII. And