105How recognizances of the peace may be forfeited

### 105 How recognizances of the peace may be forfeited > > (1)  Where a recognizance to keep the peace is entered into before a justice by a person as principal or surety, a court of petty sessions may, upon application, adjudge the recognizance to be forfeited upon proof – > > > > > > (a) of conviction of the party bound as principal by the recognizance of an offence which is in law a breach of the condition of the recognizance; or > > > > > > > (b) that the party so bound as principal has done or threatened to do an act the doing or threatening of which would, if proved against him, have been a ground for calling upon him to enter into such a recognizance – > > > > and upon further proof that a notice in writing, signed by the person seeking to put the recognizance in force, has, 7 clear days before the 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, against whom it is sought to put the recognizance in force, that an application will be made, at a time and place to be stated in the notice that the recognizance may be adjudged to be forfeited. > > > (2)  Upon adjudging the recognizance to be forfeited, the court may order the persons bound thereby, whether as principal or sureties, or any of them to pay the sums for which they are respectively bound.