938
No. 9 of 1899.
Conditions as to abode of offender, etc.
CRIMINAL PROCEDURE.
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 or regular occupation in the Colony. [50 & 51 Vict. c. 25 s. 3.]
Preparation of list of persons making default on recognizance. [7 Geo. IV
**
Issue of writ 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 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; 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.
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.
Apprehension and detention of person making default where recognizance is unsatisfied.
+
101. Every person who is arrested under the provisions of the last preceding section 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.
*
* As amended by No. 1 of 1912.
As amended by No. 50 of 1911.
938
No. 9 of 1899.
Conditions as to abode of offender, etc.
CRIMINAL PROCEDURE.
98. The Court, before directing the release of an offender under section 96, shall be satisfied that the sureties, if any, have fixed [50 & 51 Vict. places of abode or regular occupation in the Colony. c. 25 s. 3.]
Preparation
of list of per-
sons making
default on recognizance. [7 Geo. IV
**
Issue of writ
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 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; 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.
100. A writ of execution shall be issued from the Registrar's office of execution. 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.
Apprehension
making de. fault where
+
101. Every person who is arrested under the provisions of the last and detention section shall be committed to prison and be there kept until the of person
next session of the Court, there to abide the decision of the Court, recognizance unless in the meantime the forfeited recognizance, or a sum of is unsatisfied. 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.
*
* As amended by No. 1 of 1912.
As amended by No. 50 of 1911.
P
f
i
i
1 ོ ོ
No comments yet.
Private notes are available after approval.