And if any person convicted of any of the offences against this Act shall not pay the penalty or forfeiture decreed against him or her, within the space of ten days from and after a final judgement of conviction, it shall and may be lawful for the justices of the peace, sheriff or stewart-depute or substitute before whom the information, complaint or action may have been brought, upon the application of the prosecutor, to grant warrant for levying the penalties or forfeitures by immediate distress and sale of the offender’s goods and moveables, together with the costs and charges attending the levying thereof, returning the overplus, if any be, to the owner; or to grant warrant for committing the offender to the common gaol of the county for the time specified in this Act, as satisfaction for the penalty or forfeiture incurred, or until payment; and in case a warrant for levying the penalty by distress and sale of the offender’s goods and moveables shall be first applied for and obtained, and that the penalty or forfeiture shall not be recovered in consequence thereof, it shall and may be lawful for the justices of peace, sheriff or stewart-depute or substitute, who granted the warrant for levying the penalty of forfeiture by distress and sale of the offender’s goods and moveables upon its being certified to him or them by the officer employed in executing the warrant, either that he has been able to recover no part of the penalty or forfeiture, or that a certain part, to be certified by him still remains unrecovered, to grant warrant for committing the offender to the common gaol of the county for the time specified in this Act, as satisfaction for the penalty or forfeiture incurred, or until complete payment shall be made of the penalty or forfeiture incurred and decreed.
Textual Amendments applied to the whole legislation
F1Words repealed by Statute Law Revision Act 1948 (c. 62), s. 4(b)
F2Words repealed by Statute Law Revision Act 1948 (c. 62), s. 4( b )