Affirmation or Affirmations, every such Justice of the Peace and other Magistrates aforesaid are hereby authorized, empowered, and required to administer accordingly; and in case any Person who shall be convicted of any Offence or Offences against this Act shall not immediately upon such Conviction pay down the 5 Penalty or Penalties, together with such Costs of Suit or Prosecution in which he, she, or they shall have been so convicted or ordered to pay as aforesaid, into the Hands of the Justice or Justices of the Peace or Magistrate as aforesaid by and before whom he or she shall have been so convicted, or other Person by them or any 10 of them authorized to receive the same, in order that the same may be disposed of and distributed according to the Directions of this Act, it shall be lawful for any such Justice or Justices of the Peace or Magistrate aforesaid to order any Constable or other Peace Officer to take the Charge of and keep in Custody any such. Person so convicted; 15 and immediately thereupon every such Justice or Justices of the Peace or Magistrate is hereby authorized, empowered, and required to grant his or their Warrant or Warrants in due Form of Law, under his or their Hand and Seal or Hands and Seals, and thereby commit every such Offender to the Common Gaol or House of Correction for 20 the County, Shire, Division, City, or Place for which such Justice or Justices or Magistrates aforesaid shall act, for such Time or Times as herein-after mentioned, unless the said Penalty or Penalties and Costs shall respectively be sooner paid; or otherwise such Justice or Justices of Peace or Magistrate shall and may grant his or their Warrant or 25 Warrants, in due Form of Law, under his or their Hand and Seal or Hands and Seals, to levy and recover the said Penalty and Penalties and Costs by Distress and Sale of the Offender's Goods and Chattels; and all Penalties and Forfeitures which shall be so paid or levied as aforesaid shall from Time to Time be paid, applied, and disposed of as follows; 30 (that is to say,) One Moiety thereof to the Informer or Informers, and the other Moiety, after defraying all Costs, Charges, and Expenses attending the Prosecution and the levying and recovering of the Penalty, to the Guardians of the Poor of the Union where the Offence or Offences shall have been committed; and the Overplus of the 35 Money levied remaining (if any there be) after any Penalty or Penalties and all Costs, Charges, and Expenses attending the levying and recovering thereof are deducted, (which Costs, Charges and Expenses shall always be taxed, settled and ascertained by and before the Justice or Justices of the Peace or Magistrate by or before whom any 40 such Offender shall be convicted), shall on Demand be returned to the Owner or Owners of the Goods and Chattels so distrained; and in case sufficient Distress or Distresses shall not be found, or such Penalty or Penalties and Costs shall not be immediately paid, then it shall be lawful for any such Justice or Justices of the Peace or 45 Magistrate, Magistrate, and he and they is and are hereby respectively authorized, empowered, and required, for the First Offence to commit every such Offender or Offenders to such Gaol or House of Correction as aforesaid for any Time not exceeding Four Months nor less than Two 5 Months, for the Second Offence any Time not exceeding Eight Months nor less than Six Months, and for the Third and every other Offence for any Time not exceeding Twelve Months nor less than Eight Months, there to be kept at Hard Labour, and be and remain, without Bail or Mainprise. 10 Id. s. 7. XX. It shall and may be lawful for any Justice or Justices of Justices, on the Peace or Magistrate, or any of them, and they are hereby required, receiving Information, upon Information being made to him or them upon Oath against any may grant Person or Persons who shall or may offend against anything contained Warrants for apprein this Act, to grant his or their Warrant or Warrants under his or hending 15 their Hand and Seal or Hands and Seals, to apprehend any Person or Offenders. Persons so offending, and cause such Offender or Offenders to be brought before him or them or some other such Justice or other Magistrate; or it shall and may be lawful to and for any such Justice or Justices or other Magistrates as aforesaid, upon any Information 20 made without Oath, to grant his or their Summons or Summonses against the Party charged with any such Offence or Offences, or for any Witness or Witnesses to prove any such Offence or Offences as aforesaid; and if any such Person or Persons who shall be duly summoned shall neglect or refuse to appear at the Time and Place 25 appointed by such Summons or Summonses, every such Justice or Justices of the Peace shall and may, upon Oath being made of the Person or Persons being so duly summoned, grant his or their Warrant or Warrants under his or their Hand and Seal or Hands and Seals to apprehend and bring before him and them or some other such Justice or 30 Magistrate as aforesaid the Party or Parties who shall neglect or refuse to appear after being duly summoned as aforesaid, and such Justice or Justices or other Magistrates aforesaid shall inquire into, hear, and determine the Matter of every such Offence or Offences in a summary Way. 35 for. XXI. Every pecuniary Penalty and Forfeiture mposed by this Penalties Act may be recovered in a summary Manner, according to the Pro- may be sued visions of this Act, or may be sued for and recovered, together with Id. s. 9. full Costs of Suit, by and to the only proper Use and Behoof of any Person who shall inform or sue for the same, in any of Her Majesty's 40 Courts of Record at Dublin, by Action of Debt, Plaint, or Information, or by Civil Bill in the Court of the Assistant Barrister for the County, Division, or Place where the Offence shall be committed, Form of Persons con this Act not subject to the like Appeal to the Judges of Assize as in all other Cases. XXII. Every Conviction of every Offender against this Act shall be certified by the Justice or Justices of the Peace by and before whom the same shall be made to the General Quarter Sessions of the 5 Peace to be held in and for the County, Riding, Division, City, or Place where the Offender or Offenders shall be convicted, and shall there be filed amongst the Records of the said Sessions; and every Conviction shall be in the Form of Words or to the following Effect: . BE it remembered, That on the Year Day of in the A.B. was, upon the Complaint of C.D., con 'victed before me [or us], E.F., One [or Two] of Her Majesty's Justices 10 in pursuance of Year of the Reign of Her Majesty 15 Queen Victoria [insert the Title of this Act], for that the · said [state the Offence], [and if a Case in which different Penalties are imposed for different Offences] this being the First • Offence [Second or Third Offence, as the Case may be]; and I [or we] do hereby adjudge him [her, or them] to pay and forfeit for the 20 'said Offence the Sum of of lawful Money of Great 6 'Britain and Ireland, together with the further Sum of for Costs of Suit and Prosecution, to the said C. D. Given under • at ' above written.' Which said Conviction and Adjudication shall be good and valid in XXIII. Where any Offender shall be punished for any Offence by victed under virtue of this Act, such Offender shall not again be prosecuted nor 35 to be Prose- incur any Penalty by virtue of any other Law or Statute now in force, or be liable to any other Punishment for the same Offence. cuted under any other. Id. s. 11. Appeal. XXIV. Every Person who shall think himself or herself aggrieved by the Judgment of any Justice of the Peace or Magistrates in any of the Cases aforesaid may appeal to the Justices of the Peace for 40 the the County, Shire, Division, City, or Place where such Judgment shall be given, at the then next or next but one General Quarter Sessions of the Peace; but no such Appeal shall be received, heard, or determined unless the Appellant or Appellants shall, within Ten 5 Days next after such Judgment and Twenty Days at least before the holding of such Sessions, give and leave in Writing, as well at the Public Office of the Clerk of the Peace for such County, Shire, Division, City, or Place where such Person or Persons shall be convicted, as to the Person or at the Dwelling House of the Informer or Prose10 cutor, Notice of his, her, or their Intention to bring such Appeal, and shall also enter into a Recognizance before such Justice or Justices in such Sum as any such Justice or Justices of the Peace shall think fit, not exceeding Twenty Pounds, conditioned to try such Appeal, and likewise to pay the Costs of such Appeal in case Judg15 ment and Sentence shall upon the Hearing thereof be given against the Appellant, within Ten Days next after the Determination thereof; and the sad Justices at their said Session shall and may, upon due Proof of such Notice given as aforesaid, hear and determine every such Appeal in a summary Way, and shall award or order to the Party 20 in whose Behalf such Appeal shall be determined such Costs and Charges as they in their Discretion shall think reasonable and just, to be paid by the Party or Parties against whom such Appeal shall be determined; and in case such Costs and Charges shall not be paid within the Space of Ten Days next after the hearing and determining 25 of such Appeal, the same may be levied by Distress and Sale of the Goods and Chattels of the Person or Persons ordered to pay the same, or his or their Surety or Sureties, in the same Manner and by the same Means as all Distresses are ordered to be taken under or by virtue of this Act. 30 &c. XXV. No Action at Law shall be brought or commenced against Limitation any Person for anything done or to be done by virtue or in execution of Actions of this Act until One Calendar Month after Notice thereof in Writing Id. s. 13. shall have been given to the Person against whom such Action shall be intended to be brought, or left at his last or usual Place of Abode, 35 setting forth the Cause of such Action, and containing the Name and Place of Abode of the Plaintiff or Plaintiffs, and also of his his or their Attorney; and every Action brought for anything done or to be done as aforesaid shall be brought within the Space of Three Calendar Months next after the Cause of Action or Complaint shall arise, and 40 shall be laid and sued in the County, Shire, Division, City, or Place where the Fact shall have been committed, and not elsewhere; and the Defendant or Defendants therein may plead the General Issue, and give this Act and the special Matter in Evidence, at any Trial to be had thereupon, and that the same was done by virtue thereof; and No Proceeding for any Offence against this Act unless commenced within Six Calendar Months. also it shall and may be lawful to and for such Person or Persons, at 25 |