V. Provided always, and be it enacted by the authority aforesaid, that no person shall by any clause of this act be liable to pay above ten pounds for any one meeting, in regard of the poverty of any other person or persons.
VI. Provided also, and be it further enacted, that in all cases of this act, where the penalty or sum charged upon any offender exceeds the sum of ten shillings, and such offender shall find himself aggrieved, it shall and may be lawful for him within one week after the said penalty or money charged shall be paid or levied, to appeal in writing from the person or persons convicting, to the judgment of the justices of the peace in their next quarter-sessions, (2) to whom the justice or justices of the peace, chief magistrate, or alderman, that first convicted such offender, shall return the money levied upon the appellant, and shall certify under his and their hands and seals the evidence upon which the conviction passed, with the whole record thereof, and the said appeal: (3) whereupon such offender may plead and make defence, and have his trial by a jury thereupon: (4) and in case such appellant shall not prosecute with effect, or if upon such trial he shall not be acquitted, or judgment pass not for him upon his said appeal, the said justices at the sessions shall give treble costs against such offender for his unjust appeal: (5) And no other court whatsoever shall intermeddle with any cause or causes of appeal upon this act, but they shall be finally determined in the quarter-sessions only.
VII. Provided always, and be it further enacted, that upon the delivery of such appeal, as aforesaid, the person or persons appellant shall enter before the person or persons convicting, into recognizance, to prosecute the said appeal with effect: (2) which said recognizance the person or persons so convicting is hereby empowered to take, and required to certify the same to the next quarter-sessions: (3) and in case no such recognizance be entered into, the said appeal to be null and void.
VIII. Provided always, that every such appeal shall be left with the person or persons so convicting, as aforesaid, at the time of the making thereof.
IX. And be it further enacted by the authority aforesaid, that the justice, justices of the peace, and chief magistrate respectively, or the respective constables, headboroughs, and tithingmen, by warrant from the said justice, justices, or chief magistrate respectively, shall and may with what aid, force and assistance they shall think fit, for the better execution of this act, after refusal or denial to enter, break open, and enter into any house or other place, where they shall be informed any such conventicle, as aforesaid, is or shall be held, as well within liberties as without: (2) and take into their custody the persons there unlawfully assembled, to the intent they may be proceeded against according to this act: (3) and that the lieutenants or deputy-lieutenants, or any commissionated officer in the militia, or other of his majesty’s forces, with such troops or companies of horse and foot; and also the sheriffs, and other magistrates and ministers of justice, or any of them, jointly or severally, within any of the counties or places within this kingdom of England, dominion of Wales, or town of Berwick-upon-Tweed, with such other assistance as they shall think meet, or can get in readiness with the soonest, on certificate made to them respectively under the hand and seal of any one justice of the peace or chief magistrate, of his particular information or knowledge of such unlawful meeting or conventicle held, or to be held in their respective counties or places, and that he with such assistance as he can get together, is not able to suppress and dissolve the same, shall and may, and are hereby required and enjoined to repair unto the place where they are so held, or to be held, and by the best means they can, to dissolve, dissipate or prevent all such unlawful meetings, and take into their custody such and so many of the said persons so unlawfully assembled as they shall think fit, to the intent that they may be proceeded against according to this act.
X. Provided always, that no dwelling-house of any peer of this realm, where he or his wife shall then be resident, shall be searched by virtue of this act, but by immediate warrant from his majesty, under his sign manual, or in the presence of the lieutenant, or one deputy-lieutenant, or two justices of the peace, whereof one to be of the quorum, of the same county or riding.
XI. And be it further enacted by the authority aforesaid, that if any constable, headborough, tithingman, churchwarden or overseer of the poor, who shall know, or be credibly informed of any such meetings or conventicles held within his precincts, parishes, or limits, and shall not give information thereof to some justice of the peace, or the chief magistrate, and endeavour the conviction of the parties according to his duty; but such constable, headborough, tithingman, churchwarden, overseers of the poor, or any person lawfully called in aid of the constable, headborough, or tithingman, shall wilfully and wittingly omit the performance of his duty, in the execution of this act, and be thereof convicted in manner aforesaid, he shall forfeit for every such offence, the sum of five pounds, to be levied upon his goods and chattels, and disposed in manner aforesaid: (2) and that if any justice of the peace, or chief magistrate, shall wilfully and wittingly omit the performance of his duty in the execution of this act, he shall forfeit the sum of one hundred pounds, the one moiety to the use of the informer, to be recovered by action, suit, bill, or plaint, in any of his majesty’s courts at Westminster, wherein no essoign, protection, or wager of law shall lie.
XII. And be it further enacted by the authority aforesaid, that if any person be at any time sued for putting in execution any of the powers contained in this act, otherwise than upon appeal allowed by this act, such person shall and may plead the general issue, and give the special matter in evidence; (2) and if the plaintiff be non-suit, or a verdict pass for the defendant, or if the plaintiff discontinue his action, or if upon demurrer judgment be given for the defendant, every such defendant shall have his full treble costs.
XIII. And be it further enacted by the authority aforesaid, that this act, and all clauses therein contained, shall be construed most largely and beneficially for the suppressing of conventicles, and for the justification and encouragement of all persons to be employed in the execution thereof: (2) and that no record, warrant, or mittimus to be made by virtue of this act, or any proceedings thereupon, shall be reversed, avoided, or any way impeached by reason of any default in form. (3) And in case any person offending against this act, shall be an inhabitant in any other county or corporation, or fly into any other county or corporation after the offence committed, the justice of peace or chief magistrate before whom he shall be convicted as aforesaid, shall certify the same under his hand and seal, to any justice of peace or chief magistrate of such other county or corporation wherein the said person or persons are inhabitants, or are fled into; (4) which said justice or chief magistrate respectively, is hereby authorized and required to levy the penalty or penalties in this act mentioned, upon the goods and chattels of such person or persons, as fully as the said other justice of peace might have done, in case he or they had been inhabitants in the place where the offence was committed.
XIV. Provided also, that no person shall be punished for any offence against this act unless such offender be prosecuted for the same within three months after the offence committed. (2) And that no person who shall be punished for any offence by virtue of this act, shall be punished for the same offence by virtue of any other act or law whatsoever.