O’SULLIVAN v. LONG

[1920] VLR 182·IRVINE, C.J.
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[1920] VLR 182
1920 VLR 182
O’SULLIVAN v. LONG Supreme Court of Victoria IRVINE, C.J. 10 May 1920 Justices — Commitment — Recognizance of surety on bail bond forfeited — Warrant of distress issued thereon returned unsatisfied — Warrant of commitment for want of distress — Whether bondsman entitled to be heard before warrant issues — Justices Act 1915 (No. 2675), ss. 110, 115, 116 .

Where a recognizance on a bail bond is forfeited and a warrant of distress issued thereon is returned unsatisfied, a magistrate cannot issue a warrant of commitment under sec. 116 of the Justices Act 1915 without first giving the bondsman an opportunity of being heard.

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[1920] VLR 182

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