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Recovery of Flues.
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XXV. And be it further enacted, That every Fine, Penalty and Forfeiture inflicted by this Act, (the levying and Recovery whereof is not particularly herein before directed), shall and may be recovered on Conviction of the Offender by the Oath of One credible Witness, or on his own Consession, before any One Justice of the Peace for the County or Place wherein the Offence shall be committed or the Offender shall be; and every such Fine, Penalty, and Forfeiture shall and may, in case of Non-payment thereof, be levied by Distress and Sale of the Goods and Effects of the Offender or Offenders, by Warrant under the Hand and Seal of any such Justice of the Peace, and every such Justice is hereby authorized and required to examine Witnesses upon Oath, and to hear and determine all Complaints touching any such Offence or Offences; and every Fine, Forfeiture and Penalty (the Application whereof is not herein-before particularly directed), shall be paid into the Hands of the Secretary to the said Commissioners, and shall be applied and disposed of to the Purposes of this Act; and the Overplus of the Money raised by such Distress and Sale, after deducting such Fine, Penalty, or Forfeiture, and the Expences of such Distress and Sale, shall be rendered to the Owner of the Goods and Effects so distrained; and for Want of sufficient Distress, or in case the Fine, Penalty or Forfeiture shall not be forth-with paid, it shall be lawful for such Justice by Warrant under his Hand, to commit such Offender to the Common Gaol or House of Correction, there to remain without Bail or Mainprize for any Time not exceeding Three Calendar Months, unless such Fine, Penalty, or Forfeiture, and all reasonable Charges attending the Recovery thereof shall be sooner paid and satisfied.
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