39. Failing payment forthwith or within the delay fixed by the judgment, the fine and costs may be recovered by seizure and sale of the property of the defendant or if they are not so recovered, the defendant shall be imprisoned in the house of detention of the district for a period not exceeding ninety days unless such fine and costs are sooner paid.
R. S. 1964, c. 268, s. 39; 1969, c. 21, s. 35.