Mode of enforcing recognisance

(1) Where a recognisance is conditioned for the appearance of any person before the court or for his doing some other act or thing to be done in, to or before the court or in a proceeding in the court, the court may, if the recognisance appears to be forfeited, declare it to be forfeited, and order the sum due thereunder to be levied upon the personal property of the person liable thereunder, in the same manner as if the sum were a penalty adjudged by the court to be paid, and were y an (2) The court may at any time cancel or mitigate the forfeiture, upon the person liable under the recognisance applying and giving security, to the satisfaction of the court, for the future performance of the condition of the recognisance, and paying, or giving security for the payment of, the costs incurred in respect of the forfeiture, or upon any other conditions the court thinks just. (3) If it appears to the court that a distress warrant should not, under the provisions of subsection (1) of this section, be issued against the person liable under the recognisance, but that he has real property, the court may, if it thinks fit, postpone the issue of a warrant of commitment against him, 69 and transmit the recognisance to the Director of Public Prosecutions in order that it may be put in suit against him. (4) Where a recognisance to keep the peace and to be of good behaviour, or not to do or commit some act or thing, has been entered into by any person as principal or as a surety before the court, the court may, on proof of the conviction of the person bound as principal by the recognisance of any offence which is by law a breach of the condition thereof, by order adjudge the recognisance to be forfeited and adjudge the persons bound thereby, whether as principal or as sureties, or any of them, to pay the sums for which they are respectively bound, and the recognisance shall be dealt with in the manner hereinbefore mentioned. (5) Notwithstanding anything contained in subsection (4) of this section, where a recognisance to keep the peace or to be of good behaviour, or not to do or commit some act or thing is adjudged to be forfeited under that subsection, the magistrate shall, on the demand in writing of the Director of Public Prosecutions, transmit the forfeited recognisance to the Supreme Court, and such forfeited recognisance shall be further dealt with as if it were an estreated recognisance under section 192 of the Indictable Procedure Act, Cap. 96. (6) All sums paid or recovered in respect of any recognisance declared or adjudged by the court in pursuance of this section to be forfeited shall be paid to the clerk and shall be paid over and accounted for in the same manner as penalties imposed by the court. Commitments of Vagrants and Rogues to Poor-house