Forfeited Recognizances Act

Link to law: http://laws.gov.ag/acts/chapters/cap-179.pdf
Published: 0000

Forfeited Recognizances (CAP. 179 1

CHAPTER 179

THE FORFEITED RECOGNIZANCES ACT

Arrangement of Sections
Section

1. Short title.
2. Registrar to make list of forfeited recognizances.
3 . List to be signed by Judge, and defaulters to be

summoned to appear before Court.
4. Court to hear and determine the merits of each case.
5. If person summoned makes default, case may be

determined in his absence.
6. Execution to be issued against defaulter for seizure of

goods, &c., or for &rest.
7 . Persons arrested to be imprisoned, or give bail for

appearance at next sitting of Court.
8. If person fails to appear, Court may order execution

to issue against sureties.
SCHEDULE.

FORFEITED RECOGNIZANCES

(7th December, 1877.) 411877.
S.R.O. 2211956.

1811989.

1 . This Act may be cited as the Forfeited Shortfifle-
Recognizances Act.

2. The Registrar of the High Court shall, before the :$:ti;",: bof
close of the last day's sitting of the Court, make out a list forfeited
of all persons bound by recognizance to appear, or who shall recognizances.
have been bound for the appearance of any other person
at the said Court, and who shall have made default, or whose

LAWS OF ANTIGUA AND BARBUDA

2 CAP. 179) Forfeited Recognizances

List to be signed
by Judge, and
defaulters to be
summoned to
appear before
Court.

Court to hear
and determine
the merits of
each case.

If person
summoned makes
default, case may
be determined in
his absence.

Execution to be
issued against
defaulter for
seizure of goods,
&c., or for
arrest.

Schedule.

Persons arrested
to be imprisoned,
or give bail for
appearance at
next sitting of
Court.

principal, or other person for whom they are so bound, shall
have made default to appear at the said Court, and of all
persons whose recognizances shall have been certified as
forfeited by or before any Magistrate or other proper officer.

3. The list so made out shall be signed by the presiding
Judge and delivered to the Provost-Marshal, who shall for-
thwith summon all persons whose names appear on such list
to appear before the said Court, on a day to be named in
the summons, to show cause why the penalty of the
recognizances should not be enforced.

4. The Provost-Marshal shall forthwith make a return
thereto of all persons who have been summoned as aforesaid,
and the said Court shall proceed to hear and determine the
merits of each case; and the said Court shall have power,
wholly or in part, to remit the amount in which the party
may stand bound, or to enforce the same in manner
hereinafter. directed.

5 . In case any person summoned, as aforesaid, to
appear before the said Court refuses or neglects so to do,
the said Court may, upon proof of the service of summons
being made, proceed to hear and determine the merits of
the case, and to give judgment therein as if such person were
present.

6. When judgment shall have been given against any
person in respect of any forfeited recognizances, a writ of
execution, in the form in the Schedule shall be issued from
the Registrar's office against such person, and delivered to
the Provost-Marshal, which shall be the authority of such
Provost-Marshal for levying and recovering such forfeited
recognizances, and for taking into custody the body of such
person in case sufficient goods and chattels, lands and
tenements shall not be found whereupon levy may be made.

7. Every person who shall be arrested under the
provisions of the last preceding section shall be lodged in
prison until the next sitting of the said Court, there to abide
the judgment of the said Court:

LAWS OF ANTIGUA AND BARBUDA

Forfeited Recognizances (CAP. 179 3

Provided always that if any person so arrested and
imprisoned shall give to the Provost-Marshal good and suf-
ficient bail for his appearance at the next sitting of the said
Court to abide the decision of the said Court, and for the
payment of such forfeited recognizances, or sum of money
in lieu or satisfaction thereof, together with such costs as
shall be awarded by the Court, then, and in such case, it
shall be lawful for the said Provost-Marshal, and he is hereby
required, forthwith to discharge such person out of custody.

8. If such person shall fail to appear at the next sit- If person fails to
appear, Court ting of the said Court in pursuance of his undertaking in order

that respect, it shall be lawful for the Court to order that execution to issue
a writ of execution, in the form in the Schedule with such
alterations as may be necesary to suit the facts, be issued Schedule.
from the Registrar's office against the surety or sureties of
the person so bound as aforesaid, and such writ shall be
delivered to the Provost-Marshal, who shall proceed as therein
directed:

Provided that the Court may, if in its discretion it thinks
proper, order the discharge of the whole, or any part, of
the forfeited recognizances, or of the sum of money paid,
or to be paid, in lieu thereof.

SCHEDULE Ss. 6,8

Antigua and Barbuda Circuit

ELIZABETH THE SECOND, by the Grace of God, Queen
of Antigua and Barbuda and of Her other Realms and Territories,
Head of the Commonwealth.
To the Provost-Marshal of the Circuit.

We command you that of the goods and chattels, lands and
tenements and debts of A.B., of , you cause to be levied
the sum of , which said sum of money the said A.B.
was by a judgment of our said Supreme Court, bearing date the

day of , adjudged to pay in respect

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 179) Forfeited Recognizances

of a certain recognizance forfeited by him; and, in case you cannot
find sufficient goods and chattels, lands and tenements and debts
of the said A . B . , then you are to take the body of the said A.B. ,
and lodge him in the prison at St. John's, there to await the
decision of the presiding Judge of the said Court next thereafter
to be held in this Circuit, unless the said A.B. , shall give suffi-
cient security for his appearance at the said Court, for which you
will be answerable, and have you then and there this writ.

Witness The Honourable (Chief Justice or Judge,
as the case may be), of our Supreme Court the day of

19 .
Read Entire Law on laws.gov.ag