CRIMINAL PROCEDURE.
No. 9 of 1899.
589
Fines, forfeitures, and contempts.
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 such person 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.
(3) The court or a judge shall have power to reduce or remit any fine or forfeiture imposed by the court, or incurred by any person in respect of the court, at any time within three months after such fine or forfeiture has been imposed or incurred, provided such fine or forfeiture has not been already paid or satisfied.
Pardon.
104. A magistrate or the court may, with the consent in writing of the Attorney General, order that a pardon be granted to any person accused or suspected of, or committed for trial for, any indictable offence, on condition of his giving full and true evidence on any preliminary inquiry or any trial; and such order shall have effect as a pardon by the Governor, but may be withdrawn by the magistrate or the court on proof that such person has withheld evidence or given false evidence.
105. In every case where either a free or conditional pardon is granted to any person, the discharge of the offender in the case * As amended by Law Rev. Ord., 1937.
pardon.
7 & 8 Geo. 4, c. 28, s. 13.
Page 35
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CRIMINAL PROCEDURE.
No. 9 of 1899.
589
Fines, forfeitures, and contempts.
103.-(1) The bailiff shall, without further warrant or Proceedings authority, arrest any person upon whom any fine has been against per- imposed by the court, or by whom any forfeiture has been the court.
son fined by incurred and who is adjudged to pay the same by the court, and such person 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 con- sequence 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.
(3) The court or a judge shall have power to reduce or remit any fine or forfeiture imposed by the court, or incurred by any person in respect of the court, at any time within three months after such fine or forfeiture has been imposed or incurred, provided such fine or forfeiture has not been already paid or satisfied.
Pardon.
104. A magistrate or the court may, with the consent in Power to writing of the Attorney General, order that a pardon be granted the court to any person accused or suspected of, or committed for trial conditional
to grant for, any indictable offence, on condition of his giving full and pardon. true evidence on any preliminary inquiry or any trial; and such order shall have effect as a pardon by the Governor, but may be withdrawn by the magistrate or the court on proof that such person has withheld evidence or given false evidence.
105. In every case where either a free or conditional pardon Effect of is granted to any person, the discharge of the offender in the case
* As amended by Law Rev. Ord., 1937.
pardon.
7 & 8 Geo. 4, c. 28, s. 13.
Page 35Page 36
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