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MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 129

Proof by affidavit of service of summons, handwriting, etc.

129.(1) Where a surety to a recognizance to keep the peace or to be of good
behaviour, or to keep the peace and to be of good behaviour, has reason to
suspect that the person bound as principal has been or is about to be guilty
of conduct which was or would be a breach of the conditions of the
recognizance, he may make a complaint to any justice of the peace having
jurisdiction either in the place in which the said person resides or is
believed by the complainant to be, or in the petty sessions district in which
the recognizance was ordered to be entered into, and that justice may
thereupon, if he thinks fit, either issue a warrant against the said person to
bring him before a resident magistrate out of petty sessions, or issue a
summons to him to appear before a court of summary jurisdiction.

(2) The resident magistrate before whom the said person is brought under any
such warrant or the court of summary jurisdiction before which he appears in
answer to any such summons may order him to enter into a new recognizance or
deal with him as if he were a person who had failed to comply with an order to
enter into a recognizance and may in any case order that the first-mentioned
recognizance shall be discharged.

(3) A warrant shall not be issued under this section unless the complaint is
in writing and substantiated on oath.

Exercise of power to bind over.

© 1964 Crown Copyright

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