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Tweed Fisheries Act 1857

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LXXXIV Imprisonment in default of Poinding or Distress.U.K.

It shall be lawful for any such Sheriff or Justice to order any Offender so convicted as aforesaid to be detained and kept in safe Custody until Return can be conveniently made to the Warrant of Poinding or Distress and Sale to be issued for levying such Penalty and Costs, unless the Offender give sufficient Security by way of Recognizance, Bond of Caution, or otherwise to the Satisfaction of the Sheriff or Justice for his Appearance before him on the Day appointed for such Return, such Day not being more than Eight Days from the Time of taking such Security; but if before issuing such Warrant of Poinding or Distress and Sale it shall appear to the Sheriff or Justice, by the Admission of the Offender or otherwise, that no sufficient Poinding or Distress can be had within the Jurisdiction of such Sheriff or Justice whereon to levy such Penalty and Costs, he may, if he thinks fit, refrain from issuing such Warrant of Poinding or Distress and Sale; and in such Case, or if such Warrant shall have been issued, and upon the Return thereof such Insufficiency as aforesaid shall be made to appear to such Sheriff or Justice, then such Sheriff or Justice shall by Warrant cause such Offender to be committed to Prison, there to remain without Bail for any Period not exceeding Two Months in the Case of a First Offence, for any Period not exceeding Three Months in the Case of a Second Offence, and for any Period not exceeding Four Months in the Case of a Third or subsequent Offence, unless such Penalty and Costs be sooner paid and satisfied.

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