(a)must record the basis of such proof;
Section history
Section 107 — Procedure on forfeiture of bond
As in force on 17 September 2018.
Timeline 6 versions
(1)If it is proved to a court’s satisfaction that a bond taken under this Code has been forfeited, the court —
(b)may summon before it the person bound by the bond; and
(c)may call on him to pay the amount of the bond or to explain why he should not pay it.
(2)If his explanation is inadequate and the amount of the bond is not paid, the court may recover the amount by issuing an order for the attachment of any property, movable or immovable, belonging to him —
(a)by seizure of such property which may be sold and the proceeds applied towards the payment of the amount of the bond; or
(b)by appointing a receiver who shall be at liberty to take possession of and sell such property and apply the proceeds towards the payment of the amount of the bond.
(2A)Any person may, not later than 7 days after the date of the seizure of any property under subsection (2)(a) or the taking of possession of any property by the receiver under subsection (2)(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 (2) and the court shall make such order as it sees fit.
(3)If immovable property attached under subsection (2) 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.
(4)If the amount of the bond is not paid or cannot be recovered by such attachment and sale, the court may commit to prison the person bound by the bond for a term not exceeding 12 months.
(5)Any unsatisfied amount of the bond shall constitute a judgment debt in favour of the Government and nothing in this section shall prevent the Government from recovering it as such.
(6)The court may reduce the amount of the bond and enforce part-payment only.