Fines Act (Ireland) 1851

Estreat of recognizances.

On roof of non-performance of condition court may order levy of recognizance so forfeited.

Proof of notice to be first given.

10. In every case where any person who shall enter into a recognizance to keep the peace, or to appear to answer to any complaint as to an indictable offence, or to prosecute or give evidence in an any case of an indictable offence, or to perform the duties of petty sessions clerk, shall in any manner fail to perform the condition of such recognizance, it shall be lawful for the several assistant barristers, recorders of cities or boroughs, and for the chairman of quarter sessions of the county of Dublin, as the case may be, upon conviction of such person of any offence that shall be a breach of the condition of the said recognizance, or upon the production of a certificate thereof, signed and attested by the proper officer in that behalf, that the person so bound by recognizance had failed to perform the condition of the same, to order that such recognizance shall be forfeited to such amount as such assistant barrister, recorder, or chairman shall think fit, and to direct a warrant to issue to levy such amount in like manner as other penal sums are directed to be levied by this Act: Provided always, that proof shall be first made on oath before such assistant barrister, or recorder, or chairman, that notice in writing has been given to or left at the usual place of abode of the party or each of the parties, if there be more than one, against whom it shall be sought to put such recognizance in force, seven days at the least before the commencement of the sessions at which such application shall be made, and such notice shall state in substance the cause or matter on which it is intended to sustain the application.