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Summary Proceedings Act 1957  087
Commenced: 1 Apr 1958
II: Procedure Where Defendant Proceeded Against Summarily
Adjournments and Bail
58   Estreat of bail bond




   58. Estreat of bail bond---(1) Where under section 56 or section 57 of
 this Act a [District Court Judge] or Justice certifies the
 non-performance of a condition of a bail bond, the Registrar shall fix a
 time and place to consider the estreat of the bond and shall, not less
 than 7 days before the time fixed, cause to be served on the defendant
 if he can be found and upon the surety or sureties (if any) notice that,
 unless at the time and place fixed some person bound by it proves to the
 satisfaction of the Court that it ought not to be estreated, the bond
 will be estreated.

   (2) If at the time and place fixed by the Registrar under subsection
 (1) of this section no sufficient cause to the contrary is shown, a
 Court presided over by a [District Court Judge], on proof of the
 non-performance of the condition of the bail bond (of which the
 certificate of the [District Court Judge] or Justice shall be sufficient
 prima facie evidence), may make an order in the prescribed form to
 estreat the bond to such an amount as it thinks fit as to any person
 bound thereby upon whom notice is proved to have been served in
 accordance with subsection (1) of this section:

   Provided that, if the Court is satisfied that the defendant cannot be
 found, the Court may estreat the bond as against the defendant,
 notwithstanding that the notice has not been served on him.

   (3) Any penalty payable in accordance with subsection (2) of this
 section shall be recoverable as if it were a fine.
     Cf. 1927, No. 37, ss. 295 (2), 296, 297
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