|
|
Form of recognizances, and mode of estreating.
|
34. Whenever any person shall be bound to appear or to keep the peace, it shall be done by a separate recognizance (C.); but whenever any person shall be bound to prosecute or to give evidence as a witness, it may be done either by recognizance at foot of his deposition (A b.), or by a separate recognizance, at the discretion of the justice; and the taking of every recognizance shall be subject to the following provisions:
|
|
| |
1. It shall be in such amount as the justice shall, in his discretion, think expedient, except in cases of appeal, in which the amount shall be as herein-before provided:
|
|
| |
2. It shall particularly specify the profession, trade, or occupation of every person entering into the same, together with his christian and surname, and the name of the parish and townland or town in which he resides, and, if he resides in a town, the name of the street, and the number (if any) of the house in which he resides, and whether lie is owner or tenant thereof, or a lodger therein:
|
|
| |
3. Every recognizance so taken according to the form in the schedule to this Act, or to the like effect, either at foot of the deposition or by a separate form, shall have the like force and effect in binding the lands, tenements, goods, and chattels of the persons acknowledging the same, and in all other respects, which any recognizance now by law has:
|
|
| |
And whenever the condition of any such recognizance shall be to appear at assizes or quarter sessions, or at any place other than before any justice or justices, or to perform the duties of petty sessions clerk, it shall be forwarded to the clerk of the Crown or peace as herein-before provided, and shall be liable, upon any breach of the condition thereof, to be estreated in the same manner as any forfeited recognizance to appear is now by law liable to be estreated by the court before which the principal party thereto shall have been bound to appear: But whenever the condition of such recognizance shall be to keep the peace, or to appear before any justice out of quarter sessions, or to perform the duties of a pound keeper, it shall be deposited with the clerk of petty sessions of the district by the justice by whom it shall have been taken; and upon nonperformance of the condition thereof any justice who may then be there present may certify on the recognizance the nonperformance of the said condition; and it shall thereupon be lawful for the justices sitting at the petty sessions of the district, and in open court, upon proof of the nonperformance of the said condition, to make an order to estreat such recognizance to such amount as they shall see fit, and thereupon to issue a warrant (E a.) to levy such amount by distress and sale of the goods of the parties who shall have acknowledged the same: Provided always, that in every case where any justices shall order any such recognizance to be estreated, proof shall be first made on oath that notice in writing (stating the general grounds on which it is intended to sustain the application) was left at the usual place of abode of the party, or of each of the parties if more than one, against whom it is sought to put such recognizance in force, at least seven days before the day on which the application to estreat such recognizance shall be made.
|
