1988 Ed.]
Magistrates
[CAP. 227
41
Ordinance with respect to a civil debt on complaint by a police officer or by the magistrates' 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 in any other case in like manner as if it were a sum adjudged to be paid as a civil debt: (See Forms 12, 13, 56)
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 rules made under section 133.
(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.
[cf. U.K. 1879 c. 49, s. 23]
Enforcing recognizance for appearance
65. (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: (See Forms 6–9, 38, 43, 54)
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. (See Form 39)
(2) Where a recognizance conditioned to keep the peace, or to be of good behaviour, or not to do or commit some act or thing has been entered into by any person as principal or surety before a magistrate, any magistrate, on proof of the conviction of the person bound as principal by the recognizance of any offence which is in law a breach of the condition of the same, may by conviction adjudge the recognizance to be forfeited, and adjudge the persons bound thereby, whether as principal or sureties, or any of such persons, to pay the sums for which they are respectively bound. (See Forms 35-38)