THE TWEED FISHERY LAWS. 303 



named in such Summons or Warrant; and every such Sum- 

 mons or Warrant, with a Copy of the Complaint, shall be served 

 on the Person complained against, either personally or by 

 leaving the same with some Inmate at his usual Place of Abode ; 

 and upon the Appearance of the Person complained against, or 

 in his Absence after Proof of the due Service of such Summons 

 or Warrant, it shall be lawful for the Sheriff or Justice or 

 Justices to proceed to the Hearing of the Complaint ; and upon 

 Proof of the Offence, either by the Confession of the Person 

 complained against, or upon the Oath of One credible Witness 

 or more, or in default of Appearance of such Person, it shall be 

 lawful for such Sheriff or Justice or Justices to convict the 

 Offender, and upon such Conviction to adjudge the Offender 

 to pay the Penalty incurred, as well as such Costs attending the 

 Conviction as such Sheriff or Justice or Justices shall think fit ; 

 and it shall be competent on the Healing of every such Com- 

 plaint to prove that the Person then complained against has 

 been previously convicted of an Offence against the Provisions 

 of this Act, and for such Sheriff or Justice or Justices to take 

 such previous Conviction into consideration in pronouncing 

 Sentence. 



LXXXIII. If forthwith upon any such Adjudication or Con- 

 viction as aforesaid the Amount of the Penalty and of such 

 Costs as aforesaid be not paid, the Amount of such Penalty and 

 Costs shaU be levied by Poinding or Distress and Sale, and such 

 Sheriff or Justice or Justices shaU issue their or his Warrant of 

 Poinding or Distress and Sale accordingly. 



LXXXIV. 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 Eecognisance, 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 Juris- 

 diction 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 Re- 

 turn 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 



