Justices, as the case may require; and upon the appearance of the defendant, or his contempt by not appearing, after having been duly summoned in manner hereinafter mentioned, and after sufficient time for his appearance, and proof thereof on Oath to the satisfaction of the Justice or Justices, as the case may be, such Justice, or any two or more Justices, as the case may require, shall and may proceed to examine into, and hear and determine the matter in a summary way, and examine upon Oath all necessary witnesses produced, and give his or their judgment thereon; and in case such Justice or Justices shall convict the defendant, and award against him or her any fine or pecuniary penalty, and he shall neglect to pay the same fine or penalty, together with the costs and charges of and attending such conviction, to be assessed and ascertained by the said Justice or Justices, into the hands of the said convict- ing Justice, or one of the said convicting Justices, in case there shall have been more than one, within one week next after such conviction, (without any previous demand of such penalty,) or within such greater or lesser time, or at such intervals as the said Justice or Justices shall at his or their discretion determine, then it shall be lawful for such Justice or Justices, or either of them, or for any other Justice of the Peace, (at his How Penalties to or their discretion,) to cause such fine or penalty, and costs and charges, to be levied by distress and sale of the goods and chattels of the offender, the overplus, if any, after deducting the charges of such distress and sale, to be rendered to the said Offender: Provided, that if upon the return of the officer charged with the execution of the said distress, it shall appear that no sufficient distress can be found, or the party adjudged to pay any money shall at the time of the said adjudication or conviction declare, or it shall otherwise appear that he has no goods or chattels on which the said distress can be levied, then the convicting Justice or Justices, or either of them, or any Offender to be other Justice of the Peace, may by warrant commit such of fender to one of Her Majesty's Gaols, with or without hard labour, there to remain for a time in proportion to the amount of the penalty inflicted, and not exceeding Six Months in the whole, unless the said sum to be levied, together with the costs, shall be sooner paid.
be levied.
committed.
Service of Sum-
and others.
II. And be it further enacted, That in all cases in which no monson Witnesses other mode of proceeding shall have been or shall be in that behalf provided, the directing of any summons to any person whatsoever, whether a defendant, a witness, or otherwise, in the name or names by which he is or has been usually known, whether the same be the real or the feigned or assumed name of such person, and the leaving a copy of such summons at his last usual place of abode, or the affixing a copy thereof on one of the doors, or some other conspicuous part on the outside of such abode, (such service being proved on the Oath of the persons
persons so serving such summons, and it being also in like manner proved to the satisfaction of the sitting Justice or Jus- tices at the hearing of the case, that the person so serving such summons hath endeavoured to serve the same on the party without effect,) shall be deemed to be a legal and effectual service on such party, as fully to all intents and purposes as if the same summons had been personally served on such party, and as if the same had been directed in his proper real name, and that every summons may direct the party to appear, either before the Justice or Justices issuing the same, or before any one or more Justice or Justices generally, as the case may require, (without naming any Justice): Provided that such summons shall direct the party so to appear at a time and place certain, to be named in such summons.
and
Evidence to be
ness and Justice.
III. And be it enacted, That the Justice or Justices before whom any person may be convicted in manner aforesaid, shall taken down, and take the evidence upon Oath of the Witnesses both for and subscribed by Wit- against the defendant, and also the statement of the defendant himself, and shall put the same, or the material parts thereof, into writing, and shall cause the said Witnesses and the said defendant, to subscribe such depositions or statement, and he or they shall also subscribe the same, and return the same in the manner hereinafter directed.
Justice to issue
hension of Defen-
IV. And be it enacted, That it shall and may be lawful for any Justice of the Peace, when any information shall be exhi- Warrant for appre- bited before him, and in the opinion of such Justice it shall be dant in certain ca- fit and proper so to do, to grant a warrant under his hand, ses. directed to some constable, peace-officer, or other proper person, directing such constable, peace-officer, or other proper person, to take any offender, against whom such information shall be laid, and to bring him before such Justice or Justices of the Peace, as the case may require, at a time and place to be named in such warrant.
Offenders to be
conveyed before a of the
V. And be it enacted, That it shall be lawful for any person whatsoever, to require any person, who shall commit in his apprehended, and presence any offence, which is or shall be punishable in a sum- Justice mary way, to accompany him forthwith to the nearest Justice Peace. of the Peace, or to tell his full name and place of abode; and in case such person shall, after being so required, offend by refusing to go before such Justice of the Peace, or to tell his real name and place of abode, or by giving such a description of his place of abode as shall be illusory for the purpose of discovery, it shall be lawful for the party so requiring as afore said, and also for any person acting in his aid, to apprehend such offender, and to convey him, or cause him to be conveyed, as soon as conveniently may be, to the nearest Justice of the Peace, who shall have full power to require security for the
due
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