CAP. 227]

[a. 119 cont.]

(Cap. 221).

Treatment of appellant,

Magistrates.

of the sum due by the recognizance shall, save as hereinafter in this section provided, be enforced in the manner provided for the enforcing of recognizances by sections 111 to 114 of the Criminal Procedure Ordinance.

(3) The judge may, in lieu of signing a list in accordance with subsection (2), make an order wholly discharging the recognizance.

(4) The judge, unless he makes an order wholly discharging the recognizance-

(a) shall, at the time when he signs as aforesaid, make an order fixing the term of imprisonment which the person bound by the recognizance is to undergo if any sum due in respect thereof is not duly paid and cannot be recovered by distress; and

(b) may at the same time make an order directing that the sum due in respect of the recognizance be paid on some future date specified in the order, or that the said sum be paid by instalments of such amount, on such dates respectively, as he may specify in such order.

(5) Any order under paragraph (b) of subsection (4) postponing the payment of any sum due in respect of a recognizance, shall operate as a direction to the Registrar to proceed with the enforcement of payment of the sum due in respect of the recognizance only if and when default is made in complying with the order.

(6) The Registrar shall enter upon the record any order made by the judge under this section.

(7) The powers conferred by this section shall be in addition to, and not in derogation of, any other powers conferred by this or any other Ordinance, and this section shall not, save as otherwise expressly provided therein, be taken to affect the law relating to the procedure for enforcing recognizances.

[116

120. (1) Any judge shall have power to admit to bail etc., pending any appellant who is in the custody of the Commissioner of Prisons, or such judge may order him to be brought up to appeal or rehearing.

24 of 1949, s. 39.

298

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