290 



APPENDIX. 



Recovery 

 and applica- 

 tion of pe- 

 nalties in 

 Scotland. 



appeal shall be brought or heard, it shall and may be lawful 

 for any justice or justices of the peace of or for the county, 

 division, or place wherein such person shall be or inhabit, or 

 any of his goods or effects shall be found, upon application 

 made to him or them for that purpose, and upon a true copy 

 of the order for the payment of such penalties, costs, and 

 charges being produced and proved by some credible witness 

 upon oath, which oath any such justice or justices of the 

 peace is and are hereby empowered and authorized to ad- 

 minister, to grant his or their warrant in due form of law, 

 in order to cause the money mentioned in such judgment to 

 be levied by distress and sale of the goods and effects of the 

 person or persons who is, are, or shall be adjudged and ought 

 to pay the same ; yet, nevertheless, to return the overplus (if 

 any) to the person or persons entitled thereto ; and the de- 

 termination of such justice or justices at such quarter sessions 

 shall not be subject to any challenge or review, but shall be 

 final and conclusive to all intents and purposes whatsoever ; 

 and no proceeding to be had, touching the conviction of any 

 offender or offenders against this act, or any order made, or 

 other matter or thing to be done or transacted, in or relating 

 to the execution of this act, shall be vacated or quashed for 

 want of form, or be removed by certiorari or any other writ 

 or process whatsoever. 



51. And be it further enacted, that all offences whatsoever 

 which by virtue or under the authority of this act are or shall 

 be subject to or be punishable with any pecuniary or other 

 penalties or forfeitures, shall and may in every case be heard, 

 adjudged, and determined, in Scotland, by or before the 

 sheriff or Stewart depute or substitute, or before any one or 

 more justice or justices of the peace in any shire, stewartry, 

 burgh, or place, in Scotland, as aforesaid, wherein such 

 penalty or forfeiture shall have been incurred, or where the 

 offender or offenders shall reside, or shall be found, by and 

 at the instance of the public prosecutor of the county, dis- 

 trict, or place where the offence may be committed, or where 

 the offender or offenders shall reside or shall be found, or at 



