D. 1899.
CRIMINAL PROCEDURE.
[No. 9.
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proceedings, or either of them, as the Court may think reasonable, such compensation shall be payable to such person as the Court may direct.
07(1) If, in any such case, any Magistrate or the Court is satisfied, on information in writing and upon oath, that the offender has failed to observe any of the conditions of his recognizance, such Magistrate or Court may issue a warrant for his apprehension.
The offender, when apprehended on any such warrant, shall, if brought forthwith before the Court, be brought before a Magistrate; the Court or Magistrate may either remand him, by warrant, until the time at which he was required by his recognizance to appear for sentence or until the next session of the Court, or may direct him to be released upon his entering into a recognizance, with or without a surety or sureties, conditioned for his appearance to receive sentence.
(3) An offender, when remanded on any such warrant, may be committed to prison, and the warrant of remand shall order that he be brought before the Court to be dealt with according to law.
98. The Court, before directing the release of an offender under section 96, shall be satisfied that the sureties, if any, have fixed places of abode and regular occupation in the Colony.
Enforcing Recognizance.
99—(1) The Registrar shall, before the close of the last day's sitting of the Court at each session, make out a list of all persons bound by recognizance to appear or to do any other thing, or who have been bound for the appearance of any other person or for his doing any other thing at the said session of the Court, and who have made default, or whose principal, or other person for whom they are so bound, has made default, to appear or to do such other thing at the said session of the Court; and the Registrar shall, if he is able to do so, state the cause why such default has been made.
(2) The list so made out shall be examined, and, if necessary, corrected and signed by the Judge, and shall be delivered by the Registrar to the Bailiff.
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Procedure in case of offender failing to observe conditions of his recognizance.
50 & 51 Vict. c. 25 §. 2.
Conditions as to abode of offender, etc.
Ib. s. 3.
Preparation of list of persons making default on recognizance.
7 Geo. 4 c. 64, s. 31
100. A writ of execution shall be issued from the Registrar's Office against every such person who is liable on a recognizance in respect of such default, and shall be delivered to the Bailiff; and such writ shall be the authority of the Bailiff for levying and recovering such forfeited recognizance on the real and personal property of such person; and also for taking into custody the body of such person, in case sufficient real or personal property is not found whereon levy may be made.