Riotous Assemblies (Scotland) Act 1822

V Magistrates may issue Summons tor Witnesses. Penalty on Witnesses for not appearing, &c. Application of the Penalty.

And be it further enacted, That it shall and may be lawful to and for any Justice or Justices of the Peace in England, at any Time or Times, to issue a Summons under his or their Hand and Seal, or Hands and Seals, to any Person or Persons whomsoever, to attend as a Witness or Witnesses, and to give Evidence, upon Oath or Affirmation, before such Justices assembled at such Special Petty Session, or any Adjournment thereof, touching any Matter of Fact contained in any Information or Complaint then and there made, whether on the Behalf of the Party aggrieved, or such Churchwardens or Overseers, or Inhabitants as aforesaid; and which Summons such Justice or Justices as aforesaid are hereby required to grant, if thereunto required; and if such Person or Persons so summoned as aforesaid, upon being paid or tendered such Sum for his, her, or their Costs and Charges, Trouble and Attendance, as the said Justice or Justices shall think reasonable, shall refuse or. neglect to appear, at the Time and Place to be for that .Purpose appointed, without such Excuse for such his, or her, or their Refusal or Neglect, as shall be approved by such: Justice or Justices, or appearing shall refuse to be examined on Oath or Affirmation, or to give Evidence before such Justices, theft and in every such Case, every such Person shall forfeit for every such Offence any Sum not exceeding Ten Pounds, as in the Discretion of such Justices shall seem proper; which Penalty shall be levied and recovered by Distress and Sale of the Offender's Goods and Chattels, by Warrant under the Hand and Seal of any Justice of the Peace, acting and for such City, Town, Cinque Port, Ancient Town; Corporate Town, Hundred, Rape, Wapentake, Lathe, Riding; Division of, liberty; which Warrant such Justice is hereby empowered and required to grant, at the Request of the Party or Parties aggrieved, or such, Churchwardens or Overseers or Inhabitants as aforesaid; and the Penalty or Forfeiture; when recovered, after rendering the Overplus (if any) upon Demand; to the Party or Parties whose Goods and Chattels shall be so distrained and sold, the Charges of such Distress and Sale being first deducted, shall be paid to such Churchwardens and Overseers of the Poor, or Inhabitants, for the Use and Benefit of the Poor of the Parish, Township, or Place in which such Damage or Injury shall have been done; and in case sufficient Distress shall hot be: found, or such Penalty or Forfeiture shall not be paid forthwith, it shall and may be lawful to and for such Justice, and he is hereby authorized and required, .by Warrant under his Hand and Seal, to cause such Offender or Offenders to be committed to the Common Gaol or House of Correction there to remain without Bail or Mainprize for any Time not exceeding Three Calendar Months, unless such Penalty and Forfeiture and all reasonable Charges shall be sooner fully paid and satisfied.