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Judicature (Northern Ireland) Act 1978

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110 Court bonds.E+W+S+N.I.

(1)Rules of court may provide that bonds to be given for the purposes of any proceedings in the High Court or the Court of Appeal—

(a)shall be given in such form and to such officer of the court by his official title; and

(b)may be given by such surety companies,

as may be prescribed.

(2)The bond of a surety company prescribed under subsection (1) shall be sufficient without any other surety or any affidavit of justification but in other cases rules of court may prescribe or the court ordering the bond may require that one or more than one surety be joined in the bond.

(3)Where a bond has been given for the purpose of proceedings in any court and it appears to the court, upon application made to it, that a condition of the bond has been broken, the court may order either—

(a)that the bond be enforced; or

(b)that the bond be assigned to a person named in the order for the purpose of being enforced by him.

(4)In the case of an order under subsection (3) (a), the officer of the court to whom the bond was given and, in the case of an order under subsection (3) (b), the person to whom the bond was ordered to be assigned shall be entitled by virtue of the order to enforce the bond in his own name as if it had been originally given to him and shall hold, as trustee for all persons entitled thereto, all money recoverable for the breach of the condition in respect of which the order was made.

(5)Any judge or officer having jurisdiction in a matter to which a bond relates may upon application made to him disallow or annul any bond upon evidence appearing to him to be sufficient to justify its disallowance or annulment.

(6)In this section “surety company” means a body corporate having a place of business in Northern Ireland and authorised by law to give bonds there by way of guarantee and indemnity.

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