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Recognizances to be entered into previously to application for writ, &c.
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116. The party or parties applying for any writ of certiorari for the removal of any such order . . . shall, previous to such application being heard, enter into recognizance, with sufficient sureties, before one of her Majesty’s justices of the Court of Queen’s Bench in Dublin, or before a justice of the peace of the county or place in which such person shall reside, in the sum of fifty pounds, with condition to prosecute the same, at his or their costs and charges, with effect, without any wilful or affected delay, and in default thereof, or in the event of such writ being refused or of such order being deemed legal, to pay the commissioners their full costs, charges, and expences, to be taxed according to the course of the said Court of Queen’s Bench; and in any such case the commissioners entitled to such costs, within ten days after demand made of the person or persons who ought to pay the said costs, upon oath made of the making such demand and refusal of payment thereof, may recover the same in the same manner as any penalties and forfeitures are recoverable under this Act.
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