CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1255
in prison to
(3) When a defendant is committed to prison under sub-section (2), the court shall fix whatever monthly allowance it may think sufficient for his subsistence, not exceeding twenty-five cents per diem, which shall be paid by the plaintiff to the Superintendent of Prisons by monthly payments in advance before the first day in each month, the first payment made to be for such portion of the current month as may remain unexpired before the defendant is committed to prison:
(4) Every defendant imprisoned under sub-section (2) shall be released at any time on the plaintiff omitting to pay his subsistence money.
for discharge
570.-(1) A defendant who has given bail for his appearance, or who has been committed to prison for default in giving such bail, may at any time apply to the court for the discharge of his bail or for his release from prison, as the case may be, on the ground that the plaintiff has not used due diligence in the prosecution of the action, and, on the hearing of the application, the court may make such order as may seem just.
(2) The surety or sureties for the appearance of the defendant or either or any of them may at any time apply to the judge to be discharged from his or their obligation.
On such application being made the judge shall summon the defendant to appear; or, if necessary, he may issue a warrant for his arrest in the first instance.
On the appearance of the defendant pursuant to the summons or warrant, or on his voluntary surrender, the court shall direct the surety or sureties making application under this section to be discharged from his or their obligation, and shall call upon the defendant to find security, whereupon the provisions of section 569 (2) shall again apply.
compensation
able arrest.
571.-(1) If it appears to the court that the arrest of the defendant was applied for on insufficient grounds, or if the action is dismissed or judgment is given against the plaintiff by default or otherwise, and it appears to the court that there was no probable ground for instituting the action, the court may, on the application of the defendant, made either before or at the time of the pronouncing of the judgment, award against the plaintiff such amount, not exceeding one thousand