22 COLONIAL ORDINANCES.
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 deter-
mine 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 convicting 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 Discre-
How Penalties to be tion determine,—then it shall be lawful for such Justice or Justices,
levied.
or either of them, or for any other Justice of the Peace, (at his 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
Offender to be com- them, or any other Justice of the Peace, may by Warrant commit
mitted.
such Offender 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.
Service of Summons II. And be it further enacted, That in all Cases in which no
on Witnesses and
others. 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 conspi-
cuous Part on the outside of such Abode, ( such Service being proved
on the Oath of the Person so serving such Summons, and it being
also in like manner proved to the Satisfaction of the sitting Justice
or Justices 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 and 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 :)