2262
Summons to obligors in case of breach.
Forfeiture of sum secured by bond.
*
Hearing in the absence of defendant not served.
General powers of magistrate.
Powers of with reference
No. 23 of 1914.
PIRACY PREVENTION.
(2) Any such notice may be served either personally or by delivery thereof to some adult at the last-known address of the said owners, agents, charterers or licensees, or by registered letter addressed to the said owners, agents, charterers or licensees at the said address.
9. In any case in which it is alleged that a breach has occurred of the conditions of any bond entered into in pursuance of the provisions of this Ordinance, it shall be lawful for a magistrate on the application of the Captain Superintendent of Police to issue a summons calling upon the persons by whom the bond was entered into to show cause why the sum secured by the said bond should not be forfeited: Provided that nothing in this section shall be deemed to affect any other means of enforcing the said bond.
10. On the hearing of such summons, the magistrate shall first receive such evidence as may be offered on behalf of the Captain Superintendent of Police and then such evidence, if any, as may be offered on behalf of the defendants, and if after hearing the whole of such evidence he is of opinion that any breach has occurred of the condition of the bond he shall, subject to the proviso in section 11, declare the sum secured by the bond to be forfeited.
11. It shall be lawful for a magistrate to proceed to hear and determine any such summons in the absence of one or more of the defendants whether such defendant shall have been served with the said summons or not: Provided that no declaration of forfeiture shall be made as against any person who shall not have been served with the said summons.
12. With reference to any such summons, a magistrate shall have as full powers as he shall have with reference to any other matter over which he has jurisdiction.
13. With reference to the recovery of the sum so declared to be forfeited, a magistrate shall have as full powers as he shall have with reference to the recovery of any fine or other sum of money which he shall have jurisdiction to impose or order to be paid.
penal sum declared to
* As amended by Law Rev. Ord., 1924.
2262
Summons to obligors in case of breach.
Forfeiture of
sum secured by bond.
*
Hearing in the absence of defendant not served.
General powers of magistrate.
Powers of
with reference
No. 23 of 1914.
PIRACY PREVENTION.
(2) Any such notice may be served either personally or by delivery thereof to some adult at the last-known address of the said owners, agents, charterers or licensees, or by register- ed letter addressed to the said owners, agents, charterers or licensees at the said address.
9. In any case in which it is alleged that a breach has occurred of the conditions of any bond entered into in pursuance of the provisions of this Ordinance, it shall be lawful for a magistrate on the application of the Captain Superintendent of Police to issue a summons calling upon the persons by whom the bond was entered into to shew cause why the sum secured by the said bond should not be forfeited: Provided that nothing in this section shall be deemed to affect any other means of enforcing the said bond.
10. On the hearing of such summons, the magistrate shall first receive such evidence as may be offered on behalf of the Captain Superintendent of Police and then such evidence, if any, as may be offered on behalf of the defendants, and if after hearing the whole of such evidence he is of opinion that any breach has occurred of the condition of the bond he shall, subject to the proviso in section 11, declare the sum secured by the bond to be forfeited.
11. It shall be lawful for a magistrate to proceed to hear and determine any such summons in the absence of one or more of the defendants whether such defendant shall have been served with the said summons or not: Provided that no declaration of forfeiture shall be made as against any person who shall not have been served with the said sum-
mons.
12. With reference to any such summons, a magistrate shall have as full powers as he shall have with reference to any other matter over which he has jurisdiction.
13. With reference to the recovery of the sum so declared magistrate to be forfeited, a magistrate shall have as full powers as he to recovery of shall have with reference to the recovery of any fine or other sum of money which he shall have jurisdiction to impose or be forfeited. order to be paid.
penal sum declared to
* As amended by Law Rev. Ord., 1924.
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