Clause 25

This section provides for the forfeiture of a personal bond without sureties.(2) If it is proved to a court’s satisfaction that the released person bound by the bond has failed, without reasonable excuse, to comply with any duty imposed on the released person to surrender to custody, to be available for investigations, or to attend court on the day and at the time and place appointed for the released person to do so, the court —

must record the basis of such proof;

must forfeit the bond;

may summon before the court the released person;

may call upon the released person to pay a sum, being the whole or any part of the amount of the bond, or to explain why the released person should not pay that sum; and

may order that the sum mentioned in paragraph (d) be paid by instalments.(3) If the explanation is inadequate, and the sum mentioned in subsection (2)(d) is not paid in full, the court may recover the amount unpaid by issuing an order for the attachment of any property, movable or immovable, belonging to the released person —

by seizure of such property, which may be sold and the proceeds applied towards the payment of the amount; or

by appointing a receiver, who may take possession of and sell such property, and apply the proceeds towards the payment of the amount.(4) Any person may, not later than 7 days after the date any property is seized under subsection (3)(a) or taken possession of by the receiver under subsection (3)(b), as the case may be, make a claim against that property by applying to the court for the property to be excluded from the order of attachment issued under subsection (3), and the court may make such order as it sees fit.(5) If immovable property attached under subsection (3) is sold, the officer under whose direction the attachment and sale was carried out may do any thing or act to transfer the title to the purchaser.(6) If the sum mentioned in subsection (2)(d) is not paid in full and cannot be fully recovered by such attachment and sale, the court may commit to prison the released person for a term not exceeding 12 months.(7) Any unsatisfied part of the sum mentioned in subsection (2)(d) constitutes a judgment debt in favour of the Government, and nothing in this section prevents the Government from recovering it as such.(8) The court may, on the application of the released person at any time after the released person is called upon to pay the sum mentioned in subsection (2)(d), reduce that sum and enforce part‑payment only.Procedure on forfeiture of bond with sureties107A.—

This section provides for the forfeiture of a bond with one or more sureties.(2) If it is proved to a court’s satisfaction that the released person for whose appearance the bond was executed has failed, without reasonable excuse, to comply with any duty imposed on the released person to surrender to custody, to be available for investigations, or to attend court on the day and at the time and place appointed for the released person to do so, the court —

must record the basis of such proof;

must forfeit the bond, as far as it relates to the released person;

may summon before the court each person bound by the bond;

may call upon each surety bound by the bond to explain why the bond, as far as it relates to that surety, should not be forfeited; and

may call upon the released person to pay a sum, being the whole or any part of the amount of the bond, or to explain why the released person should not pay that sum.(3) If the court calls upon the released person to pay the sum mentioned in subsection (2)(e), or to explain why the released person should not pay that sum, section 107(3) to (8) applies to the released person as it applies to a released person bound by a personal bond without sureties.(4) If the explanation given by a surety is inadequate, and it is proved to the court’s satisfaction that the surety is in breach of any of the surety’s duties mentioned in section 104, the court —

must record the basis of such proof; and

may, having regard to all the circumstances of the case —

forfeit the whole or any part of the amount of the bond, as far as it relates to the surety; and

order the surety to pay the amount forfeited.(5) The court may order that any amount forfeited under subsection (4)(b) be paid by instalments.(6) If any amount forfeited under subsection (4)(b) is not paid in full, the court may recover the amount unpaid by issuing an order for the attachment of any property, movable or immovable, belonging to the surety —

by seizure of such property, which may be sold and the proceeds applied towards the payment of the amount forfeited; or

by appointing a receiver, who may take possession of and sell such property, and apply the proceeds towards the payment of the amount forfeited.(7) Any person may, not later than 7 days after the date any property is seized under subsection (6)(a) or taken possession of by the receiver under subsection (6)(b), as the case may be, make a claim against that property by applying to the court for the property to be excluded from the order of attachment issued under subsection (6), and the court may make such order as it sees fit.(8) If immovable property attached under subsection (6) is sold, the officer under whose direction the attachment and sale was carried out may do any thing or act to transfer the title to the purchaser.(9) If the amount forfeited under subsection (4)(b) is not paid in full and cannot be fully recovered by such attachment and sale, the court may commit to prison the surety for a term not exceeding 12 months.(10) Any unsatisfied part of the amount forfeited under subsection (4)(b) constitutes a judgment debt in favour of the Government, and nothing in this section prevents the Government from recovering it as such.(11) The court may, on the application of a surety at any time after the surety is ordered to pay the amount forfeited under subsection (4)(b), reduce that amount and enforce part‑payment only.”.