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1244.   Forfeiture and enforcement of recognizance in the District Court

Revised Laws of Saint Lucia (2022)

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1244.   Forfeiture and enforcement of recognizance in the District Court

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    (1)   Where a recognizance is conditioned for the appearance of the person before a Court of summary jurisdiction or for his or her doing some other thing to be done in connection with the Court or in proceedings in the Court, the Court may, if the recognizance appears to the Court to be forfeited, declare the recognizance to be forfeited, and enforce payment of the sum due under recognizance in the same manner as if the sum were a fine adjudged by the Court to be paid, with imprisonment in default of payment, and were ascertained by an order of the Court.

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    (2)   The Court may, at any time, cancel or mitigate the forfeiture, upon the person liable applying and giving security, to the satisfaction of the Court, for the future performance of the condition of the recognizance, and paying, or giving security for the payment of the costs incurred in respect of the forfeiture, or upon such other conditions as the Court may think just.

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    (3)   Where a recognizance to keep the peace, or to be of good behaviour or to refrain from doing any act is entered into by the person as principal or surety before the Court, the Court may, upon proof of the conviction of the person bound as principal by such recognizance of any offence which is by law a breach of the condition of the recognizance, by order, adjudge such recognizance to be forfeited, and adjudge the persons bound by it, whether as principal or sureties, or any of the persons, to pay the sums for which they are respectively bound, and such recognizance shall be dealt with in the manner provided by this section.

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    (4)   All sums paid or recovered in respect of any recognizance declared or adjudged by the Court under this section to be forfeited, shall be paid to the clerk of the Court, and shall be paid over and accounted for by him or her in the manner in which fines imposed by the Court are paid over and accounted for.

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