588
No. 9 of 1899.
CRIMINAL PROCEDURE.
Issue of writ of execution.
Apprehension and detention of person making default where recognizance is unsatisfied.
Failure of such person when released to appear at so bound, has made default, to appear or to do such other thing at the said session; and the Registrar shall, if he is able to do so, state the cause why such default has been made.
(2) The list or lists 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.
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 any 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 for taking into custody the body of such person, in case sufficient real or personal property is not found whereon levy may be made.
101. Every person who is arrested under the provisions of section 100 shall be committed to prison and be there kept until the next session of the court, there to abide the decision of the court, unless in the meantime the forfeited recognizance, or a sum of money in lieu or satisfaction thereof, is paid, together with all costs and expenses in consequence of his arrest and detention: Provided that if any person so 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.
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.