Section XXIII Power to such Justices to mitigate Penalties, allowing Costs over and above such Mitigation

Provided nevertheless That it shall and may be lawfull to and for the said respective Justices where they shall see Cause to mitigate or lessen such Penalty in such manner as they in their Discretion shall think fitt the reasonable Cost and Charges of the Officers as well in makeing the Discovery as in the Prosecution of the same being alwaies allowed over and above such Mitigation and so as such Mitigation doe not reduce the Fine to less than One Fourth Part thereof over and besides the said Costs and Charges Any thing in the said recited Act to the contrary notwithstanding