How Penalties to be distributed; Officers not executing Act, and in respect of First and Second Offence; Penalty £5. In Actions for executing Act General Issue may be pleaded.; Treble Costs.

And be it further enacted That the like Imprisonment Indictment Arraignment and Proceedings shall be against every such Offender as often as he shall againe offend after such Third offence Neverthelesse X2is dischargeable and discharged by the payment of the like summe as was paid by such Offender for his or her said offence next before committed together with the additionall and increased summe of One hundred pounds more upon every new offence committed, the said respective summes to be paid as aforesaid and to be disposed of as followeth (viz) The one moyety for the Repaire of the Parish Church or Churches Chappell or Chappells of such Parish within which such Conventicle Assembly or Meeteing shall be held, and the other moyety to the repaire of the Highwayes of the said Parish or Parishes (if neede require) or otherwise for the amendment of such High-wayes as the Justices of the Peace at their respective Quarter Sessions shall direct and appoint. And if any Constable Headborough or Tythingman shall negclectt to execute any the said Warrants made unto them for sequestring destraining and selling the Estate or Goods of any person soe to be transported or for destraining and selling any of the Goods and Chattells of any Offender against this Actt for the levying X2of such summes of money as shall be imposed for the first or second offence he shall forfeit for every such negclectt the summe of Five pounds of lawfull money of England, the one moyety thereof to the King and the other moyetie to him that will sue for the same in any of the Kings Courts of Record as is aforesaid, And if any person be at any time sued for putting in Execution any of the powers contained in this Actt such person shall and may pleade the generall Issue and give the speciall matter in evidence, And if the Plaintiffe be Nonsuite or a Verdictt passe for the Defendant thereupon, or if the Plaintiffe discontinue his Action or if upon Demurrer Judgment be given for the Defendant every such Defendant shall, have his or their treble Costs,