Crown Proceedings Act 1950

21 Recovery of debts due upon recognisance

(1)

Notwithstanding the foregoing provisions of this Act, where any person has entered into a recognisance to the Sovereign, and the recognisance is forfeited, and no other procedure is provided by any Act or rule of court for the estreat thereof, a Judge or District Court Judge of the court before which, or the Justice or Community Magistrate before whom, the same was forfeited may cause the recognisance to be estreated as hereinafter provided.

(2)

The Judge, District Court Judge, Justice, or Community Magistrate shall, by writing under his or her hand in form 3 of Schedule 3, or to the like effect, certify that the forfeiture has taken place, and shall deliver or send by post the said recognisance and writing to the Attorney-General, who, upon receipt thereof, shall cause a final judgment to be signed in the High Court for the amount of the recognisance, and a sum not exceeding $10 for costs.

(3)

Every such judgment may be in form 4 of Schedule 3, or to the like effect, and no appeal shall lie therefrom.

Compare: 1908 No 34 s 5

Section 21(1): amended, on 30 June 1998, by section 7 of the District Courts Amendment Act 1998 (1998 No 76).

Section 21(1): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 21(2): amended, on 30 June 1998, by section 7 of the District Courts Amendment Act 1998 (1998 No 76).

Section 21(2): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 21(2): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).