(Exception); determined by Two next resident Justices.; Upon Confession of Party or Oath of one Witness,; Distress; Commissioners may mitigate Penalties.
And be it further enacted by the Authority aforesaid That all Forfeitures Penalties and Offences incurred or committed against this and the said former Acts or any of them or any Clause or Article therein contained touching or concerning the said Duties or Impositions upon Marriages Births Burrials Batchelors and Widowers or any of them (other than the Penalty of One hundred Pounds for not duly keeping a Register) shal and may be heard and finally determined by any Two or more of the said Justices of the Peace or other Commissioners residing near the Place where such Penalty shal be incurred or Offences committed who have hereby Power to summon the Party or Partys and upon his or their Appearance or Contempt to examine the Fact and upon Confession or Proof by the Oath of One or more credible Witnesses (which [X1Oath] they have hereby Power to administer) to give Judgment according to this Act and to issue their Warrants for the levying of such Forfeitures and Penalties by Distress and Sale of the Goods and Chattels of the Offenders rendring the Party the Overplus (if any be) above His Majesties Duty and the Charge of the Distress and for want of sufficient Distress to committ the Offender to prison there to remain til Satisfaction be made nevertheless such Commissioners may (if they see Cause) mitigate such Forfeiture or Penalty so as they do not make it less than double His Majesties Duty in that Case due besides the Charges of the Collector or other Officers concerned therein.
Editorial Information
X1interlined on the Roll.