MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964

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MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 152

1978 c.23

152.(1) Where it appears that an appellant has failed to comply with the
conditions of a recognizance entered into under section 148 or section 149,
because

(a)a notice of abandonment has been duly served under section 150; or

(b)... the appeal has not been duly prosecuted; or

(c)being the applicant for a case stated, he has failed to take delivery of it
or to transmit it as required by section 146(8);

(2) In addition, the court of summary jurisdiction may, on the application of
the other party to the appeal, order to be paid to him out of the amount
forfeited on the estreat of the recognizance such sum as appears to the court
to be just and reasonable in respect of expenses properly incurred by such
other party in connection with the appeal and the balance of the sum so
forfeited, if any, shall be [paid into the Consolidated Fund of the United
Kingdom so, however] that where the appeal is abandoned pursuant to notice
duly served under section 150 the said balance shall be repaid to the party or
parties from whom it was forfeited.

(3) Where an appeal has been abandoned by a public or local authority or by an
officer of a public or local authority acting as such or by a constable acting
as such by notice of abandonment under section 150 or where such an appeal has
not been duly prosecuted, a court of summary jurisdiction such as is referred
to in subsection (1) may upon complaint order it or him to pay such costs as
appear to the court to be just and reasonable in respect of expenses properly
incurred by any other party in connection with the appeal.

(4) The provisions of this section are in addition to and not in derogation of
any provision made by rules of court for the enforcement of the recognizances
referred to in subsection (1).

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Northern Irish Legislation

MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 152