TWEED FISHERIES ACT. 287 



ctirity, and which security the said justice or justices, or 

 magistrate or magistrates, is and are hereby empowered to 

 take by way of recognizance or otherwise ; but if upon the 

 return of any such warrant it shall appear that no sufficient 

 distress can be had whereupon to levy the said penalty or 

 penalties, forfeiture or forfeitures, and such costs as aforesaid, 

 and the same shall not be forthwith paid, or in case it shall 

 appear to such justice or justices, or magistrate or magis- 

 trates, either by the confession of the offender or offenders 

 or otherwise, that the offender or offenders hath or have not 

 sufficient goods and effects whereon such penalties or for- 

 feitures and costs may be levied, were a warrant of distress 

 issued, such justice or justices, or magistrate or magistrates, 

 shall not be required to issue a warrant of distress ; and 

 thereupon it shall be lawful for such justice or justices, or 

 magistrate or magistrates, and he and they is and are hereby 

 required and empowered, for the first offence against this 

 act, by warrant or warrants under his or their hand and seal 

 or hands and seals, to commit such offender or offenders to the 

 common gaol or house of correction of the county, division, 

 or place respectively within the jurisdiction of which the 

 place may be situated where the offence was committed, or 

 where the offender may be or reside, there to remain without 

 bail or mainprize for any time not exceeding two calendar 

 months nor less than one month ; for the second offence, any 

 time not exceeding four months nor less than two months ; 

 and for the third and every subsequent offence, for any 

 time not exceeding six months nor less than three months, 

 or until such offender or offenders shall have paid such 

 penalty or penalties, forfeiture or forfeitures, and all costs 

 and charges attending such pi-oceedings as aforesaid, to be 

 ascertained by such justice or justices, or magistrate or ma- 

 gistrates, or shall otherwise be discharged by due course of law. 



49. And be it further enacted, that all and every justice Form of 

 or justices, magistrate or magistrates, before whom any per- 

 son or persons shall be convicted of any offence against this 

 act, within that part of Great Britain called England, shall 



