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Where any persons already convicted are found guilty of a subsequent offence, the penalty shall not be mitigated to less than double the amount of the former penalty, &c.
Period, &c. of imprisonment in such cases.
Imprisonment for non-payment not to exceed 12 months.
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40. Where any person who shall have been convicted and adjudged to pay a penalty for any offence against any of the provisions of this Act shall be again convicted of any other offence against any of the provisions of this Act, the justice or justices who shall convict such person of such subsequent offence shall not mitigate the penalty incurred to any less amount than double the amount of the sum adjudged against such person when last convicted, and in default of immediate payment such person shall be committed to the gaol or prison of the county or place for not less than double the period for which such person was committed or liable to be committed on such preceding conviction; and the justice or justices committing any such person convicted of any such subsequent offence shall in the warrant of commitment direct such person to be kept to hard labour, unless it shall be made to appear to such justice or justices that such person had paid at least one half of the penalty adjudged against such person on his previous conviction: Provided always, that no penalty to be imposed by any justice or justices for any first or subsequent offence against the provisions of this Act shall exceed the amount herein-before imposed for each offence respectively, nor shall any person be committed in default of payment for any longer period than twelve calendar months.
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