522 



APPENDIX. 



Penalty on 

 refusing to 

 be sworn. 



Persons re- 

 quired to be 

 examined as 

 witnesses, 

 and making 

 a full dis- 

 covery, to be 

 freed from 

 all penalties, 

 &c. 



Penalties 

 and costs 

 may be levied 

 by distress. 



examined as a witness shall be excused from being so examined 

 when brought before such justices as aforesaid, or from being 

 so examined at any subsequent time, by or before the same or 

 any other justices, or by or before any court, on any proceeding, 

 or the trial of any indictment, information, action or suit in 

 anywise relating to such unlawful gaming or any such acts as 

 aforesaid, or from answering any question put to him touching 

 the matters aforesaid, on the ground that bis evidence will tend 

 to criminate himself ; and any such person so required to be 

 examined as a witness who refuses to make oath accord- 

 ingly, or to answer any such question as aforesaid, shall be 

 subject to be dealt with in all respects as any person ap- 

 pearing as a witness before any justices or court in obedience 

 to a summons or subpoena, and refusing without lawful cause 

 or excuse, to be sworn or to give evidence, may by law be dealt 

 with. 



6. Every person so required to be examined as a witness as 

 aforesaid, who upon such examination shall make true and 

 faithful discovery to the best of his knowledge of all things as 

 to which he is so examined, shall receive from the justices or 

 judge of the court by whom he is examined a certificate in 

 writing to that effect, and shall be freed from all criminal pro- 

 secutions and penal actions, and from all penalties, forfeitures 

 and punishments to which he may have become liable for any- 

 thing done before that time in respect of the matters touching 

 which he has been so examined ; but such witness shall not 

 be indemnified under this Act unless he receive from such 

 justices or judge a certificate in writing under their hands, 

 stating that such witness has on his examination made a true 

 disclosure touching all things as to which he has been 

 examined ; and if any action, information or indictment be at 

 any time pending in any court against any person so examined 

 in respect of any act of gaming touching which he was so 

 examined, and if any action, information or indictment be at 

 any time pending in any court against any person so examined 

 as a witness in manner before mentioned, for any such matter 

 or thing, such court shall, on the production and proof of such 

 certificate, stay the proceedings in any such action, informa- 

 tion or indictment, and may, in its discretion, award to such 

 person such costs as he may have been put to by such action, 

 information or indictment. 



7. If any person convicted under this Act on information 

 before justices shall be adjudged to pay any penalty or any 

 costs and charges attending the conviction, and shall fail to 

 pay such penalty or costs, the same may be levied by distress 

 and sale of the goods and chattels of the offender, by warrant 

 under the hand and seal of one of the convicting justices : pro- 

 vided always, that if any person shall be committed to prison 



