26 COLONIAL ORDINANCES .
released from all fur- any Punishment, and shall accordingly dismiss such Complaint, he or
ther Proceedings for
the same cause. they shall forthwith make out a Certificate under his or their Hands,
stating the Fact of such Dismissal, and shall deliver the Certificate
to the Party against whom such Complaint was preferred ; and the
Party who shall have obtained such Certificate, or having been con-
victed of any Offence shall have paid the whole Amount adjudged to
have been paid under such Conviction, or shall have suffered such
other Punishment as may have been awarded therein, shall be
released from all further Proceedings, Civil or Criminal, for the same
Cause.
Form of Conviction. XII. And be it enacted, That in all Cases, except where a parti-
Defects of Form not to
vitiate any proceeding. cular Form of Judgment or Conviction shall have been or shall be
by any such Ordinance directed to be used in that behalf, a
Judgment or Conviction in the Form, or to the Effect of the Form,
(as the Case shall happen to be, ) prescribed by the Schedule to this
Ordinance annexed, shall be good, valid , and effectual, to all Intents
and Purposes whatsoever, without setting forth or stating in such
Conviction the Name of any Informer or Witness, or the particular
Place where the Offence was committed, or whether the Defendant
appeared, or was or was not summoned to appear, and without setting
forth or stating the Evidence or Facts in any further or more parti-
cular Manner than shall be necessary to shew that the Offence was
one against the true Intent and Meaning of the Law ; and no
Conviction, Warrant of Committal or Distress, or other Proceeding
whatsoever, (whether under this or any other Ordinance, and whether
a particular Form shall have been or shall be in that behalf directed
or not, ) shall be quashed in any Case, for any mere Error or Mistake
in any Name, or Date, or Title, or in any matter of Description only ;
and where any Distress shall be made for levying any Money,
the Distress itself shall not be deemed unlawful, nor the Party
making the same be deemed a Trespasser, on Account of any
Defect or Want of Form in the Summons, Conviction , Warrant of
Distress, or other Proceedings relating thereto, nor shall the Party
distraining be deemed a Trespasser ab initio, on Account of any
Irregularity afterwards committed by him ; but the Person aggrieved
by such Irregularity may recover Satisfaction for the special Damage,
if any, by an Action on the Case ; and in all Cases whatsoever,
Regard shall be had alone to the substantial Merits and Justice of
the Case.
Protection of Jus- XIII. And for the Protection of Justices, and others acting under
tices.
their Authority, be it enacted, That all Actions and Prosecutions
to be commenced against any Justice, or Person acting under his
Authority, shall be commenced within Six Months after the Fact
committed, and not otherwise ; and Notice in Writing of such Action ,
and of the Cause thereof, shall be given to the Defendant One Month
at least before the Commencement of the Action ; and in any such
Action, the Defendant may plead the General Issue, and give any
Statute or Ordinance, and the Special Matter in Evidence, at any Trial
to be had thereupon ; and no Plaintiff shall recover in any such
Action, if Tender of sufficient Amends shall have been made before
such Action brought, or if a sufficient Sum of Money shall have been
paid into Court, after such Action brought, by or on behalf of the
Defendant ; and if a Verdict shall pass for the Defendant, or
the