433Recognizance to keep the peace, &c., may be forfeited on proof of conviction

433 Recognizance to keep the peace, &c., may be forfeited on proof of conviction

[Section 433 Inserted by 25 Geo. V No. 43, s. 3 ]

(1)  Where any recognizance to keep the peace or to be of good behaviour is entered into by any person, as principal or surety, before the Supreme Court, or before any justice, it shall be lawful for a judge, upon –

(a) application made to him;

(b) production of such recognizance; and

(c) proof of a conviction of the party bound by such recognizance of any offence which is in law a breach of the condition of the same; and that a notice in writing, signed by the person seeking to put such recognizance in force, has, 7 clear days before such application is made, been personally served upon or left at the usual place of abode of the party or each of the parties, if more than one, who entered into such recognizance, that an application will be made to the said judge that the said recognizance shall be declared forfeited –

to declare such recognizance to be forfeited.

(2)  If such recognizance is declared forfeited the same shall be enforced as a forfeited recognizance as provided by section 431 .