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sion in Wales, or any judge thereof respectively, or for any court of quarter or general sessions of the peace, or for any justice of the peace before whom any person charged with having printed or published any blasphemous, seditious, or malicious libel, shall be brought for the purpose of giving bail upon such charge, to make it a part of the condition of the recognizance to be entered into by such person and his or her bail, that the person so charged shall be of good behaviour during the continuance of such recogni
XVII. And be it further enacted, That all Recovery of penalties. fines, penalties, and forfeitures by this act imposed, shall be recovered by action of debt, bill, plaint, or information, in any of his majesty's courts of record at Westminster or Dublin, or the courts of great session in the principality of Wales, or the courts of the counties palatine of Chester, Lancaster, and Durham, or in the court of session or court of Exchequer in Scotland, (as the case shall require,) wherein no essoign, privilege, protection, wager of law, or more than one imparlance, shall be allowed; or before any two justices of the peace of the county, riding, stewartry, city, or place where the offence shall be committed: provided always, that no larger amount in the whole than one hundred pounds shall be recoverable or recovered before any justices of the peace for any such penalties incurred in any one day; any thing in this act or any other acts
Two or more justices to determine offences:
if penalty not paid, party to be imprisoned.
of parliament contained to the contrary notwith-
XVIII. And be it further enacted, That it shall be lawful for any two or more justices of the peace, in all cases in which they are authorized to hear and determine any offence or offences which shall be committed against this act, or any other act or acts of parliament which are by this act required to be construed therewith as part thereof, upon information exhibited or complaint made in that behalf, within three months after any such offence committed, to summon the party accused, and also the witnesses on either side; and upon the appearance, or contempt of the party accused in not appearing, to proceed to the examination of the witness or witnesses upon oath (which oath they are hereby empowered to administer,) and to give judgment for the penalty or penalties incurred; and in case the party shall not immediately pay the said penalty or penalties, to commit the offender to prison, there to remain for any time not exceeding six months, unless such pecuniary penalty or penalties shall be sooner paid and satisfied: and if any party shall find himself or herself aggrieved by the judgment of any such justices, then he, she, or they may, upon giving security to the amount or value of the penalty or penalties adjudged, together with such costs as may be awarded in case such judgment shall be affirmed, appeal to the justices of the peace at the next quarter or general sessions of the peace for the county, riding,
division, or place wherein such offence shall be committed, who are hereby empowered to summon and examine witnesses upon oath, and finally to hear and determine the same; and in case the Costs. judgment shall be affirmed, it shall be lawful for such justices to order the person or persons making such appeal to pay such costs occasioned by such appeal, as to them shall seem meet: provided nevertheless, that it shall and may be Justices may lawful for the said respective justices, where they nalties. shall see cause, to mitigate or lessen any such penalty or penalties in such manner as they in their discretion shall think fit; the reasonable costs and charges of the officers or informers being always allowed over and above such mitigation; and so as such mitigation does not reduce the penalty to less than one-fourth part thereof, over and above the said costs and charges.
persons sumwitnesses not
XIX. And be it further enacted, That if any Penalty on person shall be summoned as a witness to give moned as evidence before such justices of the peace touch- appearing, ing any such offence, either on the part of the prosecutor or of the person or persons accused, and shall neglect or refuse to appear at the time and place to be for that purpose appointed, without a reasonable excuse for such his or her neglect or refusal, to be allowed of by the justices before whom the prosecution shall be depending, or appearing shall refuse to give evidence, then every such person shall forfeit for every such offence any sum not exceeding twenty pounds, to be levied and paid in such manner and by such
Form of conviction.
means as is in this act directed as to other penalties. (6)
XX. And be it further enacted, That the justices, before whom any offender shall be convicted as aforesaid, shall cause the said conviction to be made out in the manner and form following, or in any other form of words to the like effect, mutatis mutandis; that is to say,
BE it remembered, That on
" to wit.
' of his majesty's justices of the peace for
[here state the offence, as the case may happen to 'be,] contrary to the form of the statute in that
case made and provided; for which offence we 'do adjudge that the said A. B. hath forfeited the 6 sum of ; and [if the justices mitigate the penalty] which sum of
we do hereby Given under
' mitigate to the sum of
our hands and seals, this
Order or conviction of justices not to be remov
XXI. And be it further enacted, That no order or conviction made in pursuance of this act by any
ed into any justices of the peace, shall be removed by certio
court, or the execution superseded.
rari, advocation, or suspension into any court
(6) See the two preceding sections.
whatever; and that no writ of certiorari, advocation, or suspension shall supersede execution or other proceedings upon any such order or conviction, but that execution and other proceedings shall be had thereupon, any such writ or writs or allowance thereof notwithstanding.
of the at
torney general in Eng.
Ireland, and advocate for Scotland, or
of the stamp
XXII. And be it further enacted, That it shall No actions for penalties not be lawful for any person or persons whatso- shall be comever to commence, prosecute, enter, or file, or in the name cause or procure to be commenced, prosecuted, entered, or filed, any action, bill, plaint, or information in any of his majesty's courts, or before any justice or justices of the peace, against any person or persons for the recovery of any fine, of the penalty, or forfeiture made or incurred by virtue of this act, unless the same be commenced, prosecuted, entered, or filed in the name of his majesty's attorney general in that part of Great Britain called England, or in the name of his majesty's attorney general in Ireland, or his majesty's advocate for Scotland (as the case may be respectively), or in the name of the solicitor or some other officer of his majesty's stamp duties in that part of Great Britain called England, or in Scotland or Ireland respectively; and if any action, bill, plaint, or information shall be commenced, prosecuted, entered, or filed in the name or names of any other person or persons than is or are in that behalf before mentioned, the same and every proceeding thereupon had are hereby declared, and the same shall be, null and void to all intents and purposes.