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75 [Repeal of so much of 14 & 15 Vict. c. 57. s. 24, as provides for the estreating of the recognizances of the party bound to prosecute an appeal.] Whenever the party bound to prosecute either before or after the hearing of the said appeal, or before or after the time fixed for the hearing thereof where the same shall not have been prosecuted, or whenever the party bound to prosecute any appeal shall not have abided and performed the order of the Court of Appeal made therein, or whenever the party bound to prosecute an appeal against any order for the payment of any penal or other sum shall not have performed the obligation of his recognizance and shall have no goods whereon to levy the amount of the same by distress, it shall be lawful for the justices at the petty sessions where the original order was made, and after like proof of notice to the parties as in estreating other recognizances in summary proceedings, to make an order for estreating the recognizance in any such case to such amount as they shall think fit, and for paying out such amount such sum as shall have been directed to be paid to any party by such original order, or by any order duly made on appeal, as the case may be, and thereupon to issue a warrant in the form (E. a) in the schedule to the said Act annexed for the levy of the same upon the goods of any one or more of the several persons bound thereby. The powers conferred by this section upon justices at petty sessions as well as those conferred upon such justices by the thirty-fourth section of the Petty Sessions (Ireland) Act, 1851, may in the police district of Dublin metropolis be exercised by a divisional justice sitting at any of the police courts of the said district.
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