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LXII. And be it enacted, That in case any Fine, Penalty, or Forfeiture which shall be imposed or incurred under this Act shall not be forthwith paid, it shall be lawful for the Justice of the Peace by whom the same shall be imposed to order the Offender or Offenders on whom the same shall be imposed to be detained in safe Custody until Return can be conveniently made to their Warrant or Warrants of Distress which shall be issued for the levying thereof, unless such Offender shall give sufficient Security, to the Satisfaction of such Justices or other Persons, by Recognizance or otherwise, for his Appearance before such Justice, or before some other Justice of the Peace having Jurisdiction, at such Time as shall be appointed for the Return of such Warrant or Warrants of Distress, such Time not being more than Forty-eight Hours from the making of such Security; but if upon Return of such Warrant or Warrants it shall appear that no sufficient Distress could be had whereupon to levy the said Fines, Penalties, or Forfeitures, and such Costs and Expences as aforesaid, and the same shall not be paid forthwith, or in case it shall appear to the Satisfaction of such Justice, upon the Confession of the Offender or otherwise, that he hath not sufficient Goods and Chattels whereupon such Penalties, Forfeitures, Costs, and Expences could be levied if a Warrant of Distress should be issued, such Justice shall not be required to issue such Warrant of Distress, but he is hereby authorized and empowered, by Warrant under his Hand and Seal, to commit such Offender to some Common Gaol or House of Correction for the County or Place within which such Offence shall be committed, there to remain for any Time not exceeding One Calendar Month, or until such Penalty or Forfeiture shall be paid and satisfied, together with all Costs and Charges attending such Proceedings as aforesaid, to be ascertained by such Justice, or until such Offender shall be otherwise discharged by Law.
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