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FINES ACT (IRELAND) 1851 - SECT 10

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

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 any case of an indictable
offence, ... shall in any manner fail to perform the condition of such
recognizance, it shall be lawful for the [judge of the Crown Court] ... 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 [judge of the Crown Court] ... 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 [judge of the Crown Court], ... 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.

Proof of notice to be first given.

© 1851 Crown Copyright

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