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Recovery of certain penalties before one justice of the peace.
Commitment for want of distress.
Application of penalties.
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67. All penalties and forfeitures inflicted or imposed by this Act (the recovery and application whereof are not before provided for) may, in case of nonpayment thereof, be recovered in a summary way by the order and adjudication of any one justice of the peace or magistrate for the city, town corporate, or borough, in which such penalty shall be incurred, or of any justice for the county, district, or division, within which any market town or other town in which such penalty shall be incurred shall be situate, on complaint to him for that purpose exhibited, and shall afterwards be levied, as well as the costs of such proceedings, in case of nonpayment, by distress and sale of the goods and chattels of the offender or offenders or person or persons liable to pay the same, by warrant under the hand and seal of such justice; and such justice is hereby authorized and required to summon before him any witness or witnesses, and to examine such witness or witnesses upon oath (or affirmation) of and concerning all or any such offences, matters, or things, and to hear and determine the same; and the overplus, if any, of the money so levied or recovered, after discharging the fine, penalty, or forfeiture, for which such warrant shall be issued, and the costs and expences of recovering and levying the same, shall be returned, upon demand, to the owner or owners of the goods or chattels so seized or distrained; and in case such penalties or forfeitures shall not be forthwith paid upon conviction, then it shall be lawful for such justice to order the offender or offenders so convicted to be detained and kept in safe custody until return can be conveniently made to such warrant of distress, unless the offender or offenders shall give sufficient security, to the satisfaction of such justice, for his or their appearance before such justice on such day or days as shall be appointed for the return of such warrant of distress, such day or days not being more than seven days from the time of taking any such security, and which security the said justice is hereby empowered to take by way of recognizance or otherwise, but if upon the return of such warrant it shall appear that no sufficient distress can be had thereupon, then it shall be lawful for such justice, or any other justice of the peace for such city, town corporate, borough, county, or place as aforesaid, and he is hereby authorized and required, by warrant under his hand and seal, to cause such offender or offenders to be committed to the gaol of such city, town corporate, borough, county, or place, there to be kept to hard labour, and to remain, without bail or mainprize, for any term not exceeding one calendar month, if the conviction be for a first offence, and not exceeding two calendar months, if the conviction be for a second offence, and not exceeding three calendar months, if the conviction be for a third or any subsequent offence, unless such penalties or forfeitures respectively, and all reasonable charges, shall be sooner paid and satisfied and one moiety of such penalties or forfeitures, when so levied, shall be paid to the person who shall sue or prosecute for the same, and the other moiety shall be paid to the treasurer or clerk of the commissioners for the execution of this Act, to be applied to the purposes of this Act, in the city, town corporate, borough, market town, or other town, in which such offence shall be committed, in such manner as such justice shall direct and appoint.
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