IV Recovery of Penalties.
And be it enacted, That all Penalties and Forfeitures inflicted or imposed by this Act may be recovered in a summary Way by the Order and Adjudication of any Two Justices of the Peace for the County or Place in which such Penalty shall be incurred, on Complaint to them for that Purpose exhibited, and shall afterwards be levied, as well as the Costs of Proceedings for the Recovery thereof, in case of Nonpayment, by Distress, Poinding, or other legal Process, and Sale of the Goods and Chattels of the Offender or Person liable to pay the same, by Warrant of such Justices; and such Justices are hereby authorized and empowered to summon before them any Witness, and to examine such Witness upon Oath or Affirmation of and concerning all Offences, Penalties, and Forfeitures under this Act, 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 or other legal Process shall be issued, and the Costs and Expences of recovering and levying the same, shall be returned, upon Demand, to the Owner of the Goods or Chattels so seised or distrained; and in case such Penalties or Forfeitures shall not be forthwith paid upon Conviction, then it shall be lawful for such Justices to order the Offender so convicted to be detained and kept in safe Custody until Return can be conveniently made to such Warrant of Distress, or Poinding, or other legal Process, unless the Offender shall give Security, to the Satisfaction of such Justices, for his Appearance before such Justices on such Day as shall be appointed for the Return of such Warrant of Distress, or Poinding, or other legal Process, such Day not being more than Seven Days from the Time of taking any such Security, and which Security the said Justices are hereby empowered to take, by way of Recognizance, Caution, or otherwise ; but if upon Return of such Warrant it shall appear that no sufficient Distress can be had thereupon, then it shall be lawful for such Justices and they are hereby authorized and required, by Warrant under their Hands and Seals, to cause such Offender to be committed to the Gaol of such County or Place, there to remain without Bail or Mainprize for any Time not exceeding Two Calendar Months, unless such Penalties or Forfeitures respectively, and all reasonable Charges, shall be sooner paid and satisfied; and such Penalties and Forfeitures, when so levied, shall be paid and applied to the Use of any Infirmary or charitable Institution in the County in which such Offence shall be committed, in such Manner as such Justices respectively shall direct and appoint.