8. In such case the sum forfeited by the non-performance of the condition of such recognizance shall be recoverable with costs, by action in any court having jurisdiction in civil cases to the amount, at the suit of the Attorney General, or other party or officer authorized to sue for the Crown.
In every such action, it shall be presumed that the party suing for the Crown is duly empowered so to do, and that the conditions of the recognizance were not performed, and that the sum therein mentioned is, therefore, due to the Crown, unless the defendant prove the contrary.