STATUTES. 623 



for default of payment of any penalty and costs, then the costs 

 alone may be levied by distress as aforesaid. 



8. One half of any pecuniary penalty which shall be Applications 

 a,djudged to be paid under this Act shall be paid to the person °^ penalties, 

 laying the information upon which the conviction takes place, 



and the remaining half shall be applied in aid of the poor rate 

 of the parish in which the offence shall have been committed, 

 and shall be paid for that purpose to the overseer or other 

 person authorized to receive poor rates in such parish, or if the 

 place wherein the offence shall have been committed shall be 

 extra-parochial, then the justices by whom such penalty shall 

 be adjudged to be paid shall direct such remaining half thereof 

 to be applied in aid of the poor rate of such extra-parochial 

 place, or if there shall not be any poor rate therein, in aid of 

 the poor rate of any adjoining poor rate or district. 



9. In case any person who shall have laid any information in On neglect 

 respect of any offence against this Act shall not appear at the *" prosecute 

 time at which the defendant shall have been summoned to P)' sim™ois, 



1-111 • n 1 lustices may 



appear, or at any time to which the hearing ot the summons authorize 



may have been adjourned, or if such person, in the opinion of some other 

 any justices having authority to adjudicate with respect to the person to 

 offence charged in such information as aforesaid, shall other- P''"'^^^ ■ 

 wise have neglected to proceed upon or prosecute such informa- 

 tion with due diligence, it shall be lawful for such justices to 

 authorize any other person to proceed on such information and 

 summons instead of the person to whom the same may have 

 been granted, or such justices may dismiss the first informa- 

 tion and summons, and authorize any person to lay a fresh 

 information in respect to the offence charged in such first 

 information, in like manner as if the previous summont had 

 not been granted. 



10. Any person who shall be summarily convicted under this Appeal to 

 Act mav appeal to the next general or quarter session of the quarter 



peace (k) ; and it shall be lawful for the magistrate or 



justices by whom such conviction shall have been made to bind 



over any party who shall have made information against the party 

 convicted, and any witnesses who shall have been examined, in 

 sufficient recognizances, to attend and be examined at the 

 hearing of such appeal ; and every such witness, on producing 

 a certificate of being so bound, under the hand of the said 

 magistrate or justices, shall be allowed compensation for his or 

 her time, trouble and expenses in attending the appeal, which 

 compensation shall be paid in the first instance by the treasurer 

 of the county or place, in like manner as in oases of misde- 

 meanor, under the provisions of an Act passed in the seventh 



(/t) The omitted portion of this been replaced hy s. 32 of the Act of 

 section is repealed by the Summary 1879, as amended by the Act of 

 Jurisdiction Act, 1884, as haying 1884. 



