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Proceedings before justices where parties are not arrested.
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32. Where any complaint shall be made to any justice or justices of the peace for the recovery of any penalty under this Act (except as herein-after provided for in the cases of persons arrested and detained and brought before such justice or justices), the justice or justices to whom such complaint shall be made is and are hereby authorized and required to summon the party accused to appear before him or them on a day and at a time and place to be named in such summons, not being less than six nor more than fourteen days from the date of such summons, and upon his appearance or default to proceed to the examination of the matter, and upon due proof thereof, either on the confession of the party or upon the oath of one or more credible witness or witnesses, to convict the offender; and in case the said penalty or penalties, or the amount to which the same shall be mitigated, shall not on conviction be forthwith paid into the hands of the prosecutor or person authorized to receive the same, such justice or justices may, by warrant under his or their hand or hands, immediately commit such offender or offenders to any gaol or prison of the county or place wherein the offence shall have arisen, or wherein the offender or offenders shall have been found, there to remain for such period as shall be specified in such warrant, according to the provisions of this Act, unless such penalty or penalties shall be sooner paid: Provided always, that where it shall appear to any justice or justices by or before whom any person shall be convicted that such person has sufficient goods and chattels whereon to levy the penalty or penalties, the justice or justices may, before issuing any warrant of commitment, grant a warrant under his or their hand or hands to levy such penalty or penalties on the goods and chattels of such offender; and if such goods and chattels for satisfying such warrant, and the expenses of the levy and sale of the offender’s goods, shall not be found, then the said justice or justices shall grant such warrant of commitment as aforesaid.
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