A.D. 1890.]
MAGISTRATES.
699
and enforce-
[No. 3.
53.-(1.) A person shall give security under this Part, whether as principal or surety, either by the deposit of money with the Magistrate's Clerk or by an oral or written acknowledgment of the undertaking or condition by which and of the sum for which he is bound, and evidence of such security may be provided by the entry thereof in the register under this Ordinance of the proceedings of the Magistrates.
ment thereof.
42 & 43 Vict. c. 49 s. 23.
First Schedule: Forms Nos.
(2.) Any sum which may become due in pursuance of a security under this Part from a surety shall be recoverable summarily in manner directed by this Ordinance with respect to a civil debt on complaint by a constable, or by the Magistrate's Clerk, or by some other person authorized for the purpose by a Magistrate.
(3.) A Magistrate may enforce payment of any sum due by a principal in pursuance of a security under this Part which appears to him to be forfeited, in like manner as if that sum were adjudged to be paid as a fine, if the security was given for a sum adjudged by a conviction, and any other case in like manner as if it were a sum adjudged to be paid as a civil debt: Provided that, before a warrant of distress for the sum is issued, notice of the forfeiture shall be served on the said principal, in Form No. 6.
manner prescribed by the rules in the Second Schedule to this Ordinance.
(4.) Any sum paid by a surety on behalf of his principal in respect of a security under this Part, together with all costs, charges, and expenses incurred by such surety in respect of that security, shall be deemed a civil debt due to him from the principal, and may be recovered before a Magistrate in manner directed by this Ordinance with respect to the recovery of a civil debt which is recoverable summarily.
(5.) Where security is given under this Part for payment of a sum of money, the payment of such sum shall be enforced by means of such security in substitution for other means of enforcing such payment.
First Schedule: Form No. 46; Form No. 31; Form No. 5;
54.—(1.) Where a recognizance is conditioned for the appearance of a person before a Magistrate or for his doing some other matter or thing to be done before or by order of a Magistrate or in a proceeding before a Magistrate, such Magistrate, if the recognizance appears to him to be forfeited, may declare the recognizance to be forfeited and enforce payment of the sum due under it in the same manner as if the sum were a fine adjudged by a Magistrate to be paid and the amount of the same were ascertained by a conviction: Provided that, at any time before the sale of goods under a warrant of distress for the said sum, a Magistrate may cancel or mitigate the forfeiture on the person liable applying and giving security, to the satisfaction of the Magistrate, for the future performance of the condition of the recognizance, and paying or giving security for payment of the costs incurred in respect of the forfeiture, or on such other conditions as the Magistrate may think just.
Form No. 35;