Provisions
as to forfeited
recogniz- ances.
23 & 24 Geo. 5,
c. 38, s. 6.
Ordinance No. 9 of 1899.
1200
1181.-(1) The following provisions of this section shall have effect in any case where a recognizance entered into in connection with any appeal to which this Ordinance applies has become forfeited.
(2) (a) The Registrar shall, during or after the hearing of the appeal, make out a list or lists of persons bound by such recognizance and, if he is able to do so, state the cause why each such person has therein made default.
(b) The list or lists so made shall be examined, and, if necessary, corrected and signed by the judge, and shall be delivered by the Registrar to the bailiff of the Supreme Court or his deputy, and thereupon payment of the sum duc by the recognizance shall, save as hereinafter in this section provided, be enforced in the manner provided for the enforcing of recognizances by sections 99 to 102 of the Criminal Frocedure Ordinance, 1899.
(3) The judge may, in lieu of signing a list in accordance with sub-section (2), make an order wholly discharging the recognizance, or he may before so signing the list, make an order reducing the amount due under the recognizance to such amount as he thinks fit, and thereupon the reduced amount shall, for the purposes of the said sub-section (2), be deemed to be the amount of the sum forfeited in respect of the recognizance.
(4) The judge, unless he makes an order wholly dis- charging the recognizance-
(a) shall, at the time when he signs it as aforesaid, make an order fixing the term of imprisonment which the person bound by the recognizance is to undergo if any sum due in respect thereof is not duly paid and cannot be recovered by distress; and
(b) may at the same time make an order directing that the sum due in respect of the recognizance be paid on some future date specified in the order, or that the said sum be paid by instalments of such amount, on such dates respectively, as may be so specified.
(5) Any order under paragraph (b) of sub-section (4) postponing the payment of any sum due in respect of a recognizance, shall operate as a direction to the Registrar to proceed with the enforcement of payment of the sum due in respect of the recognizance only if and when default is made in complying with the order.
(6) The Registrar shall enter upon the record any order made by the judge under this section.
(7) The powers conferred by this section shall be in addition to, and not in derogation of, any other powers conferred by this or any other Ordinance, and this section shall not, save as otherwise expressly provided therein, be taken to affect the law relating to the procedure for enforcing recognizances.
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