Acts. 499

and Abuses which shall be committed against this Act; and if any
Person or Persons summoned as aforesaid, shall neglect or refuse to
appear and give Evidence as aforesaid, he, she, or they, so offending,
shall, for every such Offence, be fined by the Justice that issued out
the Summons in any Sum not exceeding Five Pounds Current
Money, and be committed to Prison 'til paid.
And be it further Enacted, That all the Forfeitures and Offences,

Liber H. S.
No. 1
p. 227

made, done, and committed, against any Clause or Article contained
in this Act, relating to the Excise, except Breaches of Duty in the
Collectors or their Deputies, and where it is otherwise directed, shall
be heard, adjudged, and determined, by any two or more Justices
of the respective Counties where such Forfeitures shall be made,
or Offences committed. And if the Party finds himself aggrieved
by the Judgments given by the said Justices, he or the first entering
into Bond with sufficient Sureties (such as the Justices by whom such
Judgment shall be given, shall approve) with the following Condition,
to wit, " The Condition of the above Obligation is such, That if
the above bound shall and do prosecute the said
Appeal with Effect, and also satisfy and pay to the Party suing or
informing, the said Sums and Forfeitures by this Act laid and
imposed, in Case the Judgment of the said Magistrates shall be
affirmed, as well as all and singular such Costs and Charges, that
shall be awarded by the Court before whom such Appeal shall be
heard, tried, and determined; then the above Obligation to be void
and of no Effect; else to remain in full Force and Virtue in Law,"
may appeal to the Justices of the Peace of the said County at the
next County Court, to be held for the respective County where the
Judgment shall be given, which Court is hereby impowered and
authorized to hear and determine the same, and whose Judgment
therein shall be final. Provided always, That no Justice who shall
sit on the first hearing of any such Cause, shall sit to hear and deter-
mine the same Cause, in Case any such Appeal shall happen to be

[Offenses
against this
Law, to be
tried before
any two
Justices. If
the Party be
aggrieved,
he may
appeal to the
County
Court, first
giving the
Bond. The
Condition of
the Bond.]

made therein. And the said Justices of the several Counties, within

p. 228

this Province, are hereby authorized and strictly enjoined and re-
quired, upon any Complaint or Information exhibited and brought
of any such Forfeiture made, and Offence committed, contrary to
this Act (except as before excepted), to summon the Party accused,
and upon his or their Appearance, or Contempt, to proceed to ex-
amine Witnesses to the Matters of Fact, and upon due Proof thereof,
either by Confession of the Party, or by the Oath, or Affirmation if
a Quaker, of one or more credible Witnesses, to give Judgment or
Sentence as before is directed, and to award and issue out Warrants,
under their Hands and Seals, directed to the Sheriff of the County,
for the levying of such Forfeitures, Penalties, and Fines, as by this
Act are imposed for any such Offences committed, upon the Goods
and Chattels of such Offender, and to cause Sale to be made of such

[The Duty
of Justices
in Com-
plaints of
Offenses
made against
this Law.]