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Justices may on suspicion summon evidence, examine on oath, and bind in recognizance to prosecute,
and on refusal imprison,
not evidence against examinant, unless perjury.
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XXII. And be it further enacted by the authority aforesaid that all and every justice of the peace in this kingdom shall have full power and authority to summon any person or persons within his jurisdiction, whom he shall have cause to suspect to be capable of giving material evidence concerning any offence or offences committed against this act, and to examine him, her, or them relative thereto on his, her, or their oath or oaths, concerning any of the offences aforesaid, and, if he shall see cause, to bind such person or persons in recognizance to appear and prosecute at the next assizes; and in case such person or persons, who shall be summoned for that purpose, shall refuse to submit to such examination, or to enter into such recognizance, it shall and may be lawful to and for such justice of the peace to commit the person or persons so refusing to the publick gaol of the county, where he is a justice of the peace, until he, she, or they shall submit to such examination, or enter into such recognizance, or be discharged by due course of law; provided no such examination shall subject the party examined to any prosecution or penalty whatsoever, or be permitted to be given in evidence against the person so examined, unless such person shall be indicted for having committed wilful perjury in such examination.
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