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Where a levy warrant is issued, the sum recovered shall be deemed a payment pro tanto, and time of imprisonment shall be shortened accordingly.
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43. In all cases where any levy warrant shall be issued by any justice or justices for the recovery of any penalty by him or them imposed under the authority of this Act, and any sum of money shall be recovered by the distress and sale of the goods and chattels of the party convicted, the amount so recovered, if equal, after deducting the expenses of the levy and sale, to one month’s proportion of the penalty, shall be deemed a payment by such party; and the justice or justices who shall have granted such warrant shall proceed in the same manner as if the sum so recovered had been paid by such person, and shall indorse the warrant of commitment accordingly.
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