518
No. 3 of 1890.
Entry of receipt.
Quarterly statement of Crown fines.
form 2.
Application of sum due under forfeit-ed security.
Form of security.
Security book.
Notice to principal of forfeiture of security.
Application to vary order for sureties.
MAGISTRATES.
6.-(1) The Magistrate's Clerk shall enter on the day of its receipt each sum of money received by him on any account whatever.
(2) Each instalment so received shall be entered in a book called the Instalment Ledger, to an account to be opened in respect of the proceeding in which the sum is paid.
7.-(1) The Magistrate's Clerk shall send, on 10th January, April, July, and October in each year, to the Colonial Secretary a certified statement, in form 2 in the Appendix to these Rules, of all fines which have been imposed by the Magistrate during the previous 3 months and which are payable wholly or in part to the Treasurer.
(2) If no such fine has been imposed, the statement shall be certified in blank.
8. Where a Magistrate has enforced payment of any sum due by a principal in pursuance of a security under the Ordinance which appears to the Magistrate to be forfeited, the sum shall be paid to the Magistrate's Clerk, and shall be paid and applied by him in the manner in which fines imposed by a Magistrate in respect of which fines no special appropriation is made are payable and applicable.
9. Any security given under the Ordinance by an oral or written acknowledgment may be in the form of an undertaking.
10.-(1) The Magistrate's Clerk shall keep a security book, and shall enter therein, with respect to each security given in relation to any proceeding, the name and address of each person bound, showing whether he is bound as principal or as surety, the sum in which each person is bound, the undertaking or condition by which he is bound, the date of the security, and the person before whom it is taken.
(2) Where any such security is not entered into before a Magistrate or before the Magistrate's Clerk, the person before whom it is entered into shall make a return of it, showing the above particulars, to the Magistrate's Clerk.
(3) The security book, and any certified extract therefrom, shall be evidence of the several matters hereby required to be entered in the security book in like manner as if the security book were the register.
11-(1) Not less than 2 clear days before a warrant of distress is issued for a sum due by a principal in pursuance of a forfeited security under the Ordinance, the Magistrate's Clerk issuing the warrant shall cause notice of the forfeiture to be served on the principal.
(2) Service of the notice may be effected either by prepaid letter sent to the address mentioned in the security, or as service of a summons may be effected under the Ordinance.
12. An application under section 51 of the Ordinance shall be an application for a summons requiring the complainant to show cause why the order made on his complaint should not be varied.
* As amended by No. 50 of 1911.
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