CO129-608-7 Future policy- Report on Port Administration by Sir David Owen 24-2-1941 - 24-2-1941 — Page 246

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of court.

57. When a magistrate has fixed, as respects any Recognizance recognizance, the amount in which the principal and the taken out sureties, if any, are to be bound, the recognizance, notwith- 42 & 43 Vict. standing anything in this or any past enactment, need not be c. 49, s. 42. entered into before such magistrate, but may, subject to the rules in the Second Schedule, be entered into by the parties Second before another magistrate or before the magistrates' clerk Schedule. 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 recogniz- ances taken before a magistrate shall apply as if the recogniz- ance had been entered into before a magistrate as heretofore by law required.

thereof.

58. (1) A person shall give security under this Part, Mede of whether as principal or surety, either by the deposit of money giving with the magistrates' clerk or by an oral or written acknow- enforcement security and ledgment 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.

42 & 43 Vict. c. 49, s. 23. First Schedule. Forms Nos. 5 & 34.

First

(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 Schedule. manner as if it were a sum adjudged to be paid as a civil debt: 7 Provided that, before a warrant of distress for the sum is and 48. issued, notice of the forfeiture shall be served on the said principal in manner prescribed by the rules in the Second Second Schedule.

(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.

Forms

Schedule.

for appear-

59.-(1) Where a recognizance is conditioned for the Enforcing appearance of a person before a magistrate or for his doing recognizance some other matter or thing to be done before or by order of a ance. magistrate or in a proceeding before a magistrate, such magis- 42 & 43 Viet. trate, if the recognizance appears to him to be forfeited, may c. 49, s. 9. declare the recognizance to be forfeited and enforce payment First of the sum due under it in the same manner as if the sum Forms were a fine adjudged by a magistrate to be paid and the Nos. 5, 31, amount of the same were ascertained by a conviction: Provided that, at any time before the sale of goods under a warrant

Schedule.

35 and 46.

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