_And be it further Enacted_, That all Penalties and Forfeitures by virtue of this Act imposed, (the manner of levying and recovering whereof is not otherwise hereby particularly directed, shall, if such Penalties and Forfeitures shall exceed the Sum of Five Pounds, be recovered by Action or Suit at Law, in the Name of the Master, Wardens, and Society of the Art and Mystery of Apothecaries of the City of _London_, in any of His Majesty’s Courts of Record in _England_ or _Wales_, wherein no Essoign, Protection, or Wager at Law, or more than one Imparlance shall be allowed); and if such Penalty or Forfeiture shall amount to less than the Sum of Five Pounds, then the same shall be levied and recovered by Distress and Sale of the Goods and Chattels of the Offender, by Warrant under the Hand and Seal of any Justice of the Peace acting for any County, City, Town, or Place where the Offence shall be committed (which Warrant such Justice is hereby empowered and required to grant upon the confession of the Party, or upon the Evidence of any credible Witness upon Oath; and which Oath such Justice is hereby empowered to administer); and the overplus (if any), of the Money arising by such Distress and Sale, shall be returned upon demand to the Owner of such Goods and Chattles, after deducting the Costs and Charges of making, keeping, and selling the Distress; and in case sufficient Distress shall not be found, or such Forfeitures and Penalties shall not be paid forthwith, it shall be lawful for such Justice, and he is hereby authorized and required, by Warrant under his Hand and Seal, to cause the Offender to be committed to the Common Gaol for the County, City, Town, or Place, where the Offence shall be committed, there to remain without Bail or Mainprize for any time not exceeding One Calendar Month, unless such Penalties, and Forfeitures, and Costs, shall be sooner fully paid and satisfied. _And be it further Enacted_, That where any Distress shall be made for any Sum of Money to be levied by virtue of this Act, the Distress itself shall not be deemed unlawful, nor the Party or Parties making the same be deemed a Trespasser or Trespassers, on account of any defect or want of Form in the Notice or Information, Summons, Conviction, Warrant, or Distress, or other proceeding relating thereto; nor shall the Party or Parties distraining be deemed a Trespasser or Trespassers _ab initio_, on account of any irregularity which shall be afterwards done by the Party or Parties so distraining; but the person or persons aggrieved by such irregularity, may recover full satisfaction for the special damage in an Action upon the Case.