CRIMINAL PROCEDURE.

No. 9 of 1899.

911

arrested and imprisoned gives to the bailiff good and sufficient bail for his appearance at the next session of the court, to abide the decision of the court, and for the payment of the forfeited recognizance or a sum of money in lieu or satisfaction thereof, together with such costs as may be awarded by the court, then it shall be lawful for the bailiff, and he is hereby required, forthwith to cause such person to be discharged out of custody.

when appear at

102. If such person fails to appear at the next session of the court in pursuance of his undertaking in that behalf, the court may order that a writ of execution be issued from the Registrar's office against the surety or sureties of the person so bound as aforesaid, and such writ shall be delivered to the bailiff, who shall proceed as therein directed: Provided that the court may, in its discretion, order the discharge of the whole or any part of the forfeited recognizance or of the sum of money paid or to be paid in lieu or satisfaction thereof.

Fines, forfeitures, and contempts.

son fined by

103. (1) The bailiff shall, without further warrant or authority, arrest any person upon whom any fine has been imposed by the court, or by whom any forfeiture has been incurred and who is adjudged to pay the same by the court, and he shall thereupon be detained in custody in a prison until the fine or forfeiture imposed on or incurred by him is paid and satisfied, together with all costs and expenses in consequence of such arrest and detention: Provided that no such imprisonment (which shall be without hard labour) shall exceed twelve months in duration: Provided also that a judge may at any time order the discharge of any such prisoner.

(2) The return of the bailiff, or of the Superintendent of Prisons, to any writ of habeas corpus of an arrest or detainer under any judgment or order of the court for non-payment of any fine or forfeiture imposed or incurred as aforesaid shall be deemed sufficient in law, provided there appears in or is attached to such return a certificate by the Registrar, setting forth the judgment or order by virtue of which such arrest or detainer was made.

* As amended by Law Rev. Ord., 1924.

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