MAGISTRATES.
No. 3 of 1890.
467
for which it is proposed the sureties or surety should be bound, or dispense with the sureties or surety, or otherwise deal with the case as he may think just.
court.
*
• Schedule.
52. When a magistrate has fixed, as respects any recognizance, the amount in which the principal and the sureties, if any, are to be bound, the recognizance, notwithstanding anything in this or any past enactment, need not be entered into before such magistrate, but may, subject to the rules in the Second Schedule, be entered into by the parties before another magistrate, or before the magistrates' clerk, or before a superintendent or inspector of police or, where any of the parties is in prison, before the Superintendent of Prisons; and thereupon all the consequences of law shall ensue and the provisions of this Ordinance with respect to recognizances taken before a magistrate shall apply as if the recognizance had been entered into before a magistrate as heretofore by law required, giving security and thereof.
53.—(1) A person shall give security under this Part, whether as principal or surety, either by the deposit of money with the magistrates' 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 of the proceedings of the magistrates.
(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 magistrates' clerk, or by some other person authorised for the purpose by a magistrate.
Schedule, Forms Nos. 5 and 34.
(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 in 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 manner prescribed by the rules in the Second Schedule.
Second Schedule.
* As amended by Law Rev. Ord., 1923.