Dublin Police Act, 1842

Recovery of penalties and forfeitures.

71. All penalties, forfeitures, and other sums of money imposed, awarded, or ordered to be paid by any of the said divisional justices under the authority of this or any other Act of Parliament, and all sums or money which, any person is bound to pay under any recognizance taken before a justice, and afterwards forfeited, in case of nonpayment thereof, may be levied, with the costs of such proceedings on nonpayment, by distress and sale of the goods and chattels of the offender or person liable to pay the same, by warrant under the hand of such justice; and the overplus (if any) of the money so raised or recovered, after discharging, with costs, the penalty, forfeiture, or sum ordered to be paid, shall be returned, on demand, to the party whose goods and chattels shall have been distrained; and in case any such penalty, forfeiture, or sum of money shall not be forthwith paid, it shall be lawful for such justice to order the party to be detained in safe custody until the return can be conveniently made to such warrant of distress, unless such party shall give security, to the satisfaction of the justice, for his appearance at such place and time, not being more than seven days from the time of such detention, as shall be appointed for the return of the warrant of distress, and the justice is hereby empowered to take such security by way of recognizance or otherwise; but if upon the return of such warrant it shall appear that no such sufficient distress could be had whereupon to levy the said penalty, forfeiture, or sum of money, and the same shall not be forthwith paid, or in case it shall appear to the satisfaction of the justice, upon the confession of the party or otherwise, that he has not sufficient goods and chattels whereupon such penalty, forfeiture, or sum of money could be levied if a warrant of distress should be issued, it shall be lawful for the justice, by warrant under his hand, to commit such party to some gaol or house of correction within the police district, there to remain for any time not more than two calendar months where the sum to be paid shall not exceed five pounds, and not more than three calendar months in any case, the imprisonment to cease on payment of the sum due.