8. Any such fine may be recovered before the justice of the peace nearest to the place where the offence is committed, who shall hear and determine such offence in a summary way, either by voluntary confession of the party accused or upon the oath of one or more credible witnesses other than the prosecutor, except where such prosecutor is a churchwarden, constable or peace officer, in which case he shall be a competent witness; and, in default of payment of the sum forfeited, it shall be recovered by seizure and sale of the offender’s goods and chattels, by warrant under the hand of such justice, addressed to any peace officer; and any surplus of the moneys so recovered, after deducting the forfeiture and reasonable charges of seizure and sale taxed by a justice of the peace, shall be returned to the offender.
R. S. 1964, c. 302, s. 8.