the-ordinances-of-the-legislative-counci-1890v2 — Page 610

1200 ( 10 or 1890.) MAGISTRATES .


by which and of the sumn for which he is bound and evidence
of such security may be provided by entry thereof in the register
under this ordinance of the proceedings of the Magistrates.
Recovery of
moneys due ( 2.) Any sum which may become due in pursuance of a
under secu . security under this part of the ordinance from a surety shall be
rity. recoverable summarily in manner directed by this ordinance
with respect to a civil debt on complaint by a constable or by
the Magistrate's clerk or by some other person authorised for
the purpose by a Magistrate.
Enforcing ( 3. ) A Magistrate may enforce payment of any sum due by
payment
against prin a principal in pursuance of a security under this part of the
cipal.
ordinance 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 ( xLvII .), 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 ( vi . ) of the forfeiture shall
be served on the said principal, in manner prescribed by the
rules in the 3rd schedule hereto .
Recovery of
sums paid by ( 4. ) Any suin paid by a surety on behalf of his principal in
surety . respect of a security under this part of the ordinance, 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 sumimarily.
Enforcing ( 5. ) Where security is given under this part of the ordinance
payment of
money
Becured
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.
Enforcing
recognisance 54. ( 1. ) Where a recognisance ( v .) is conditioned for the
for appearance of a person before a Magistrate or for his doing
appearance.
[ 12 & 43 V. some other matter or thing to be done before or by order
c. 49, s. 9. ] of a Magistrate or in a proceeding before a Magistrate, such
Magistrate if the said recognisance appears to him to be
forfeited, may declare the recognisance to be forfeited and enforce
payment of the sun due under such recognisance 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 (XLVI . ) : provided that at any time before the sale
of goods under a warrant of distress for thesaid sum , a Magistrate
upay cancel or mitigate the forfeiture ( xxxi. ) upon the person
liable applying and giving security (xxxv.) to the satisfaction
of the Magistrate for the future performance of the condition
of the recognisance, and paying or giving security for payment