[i roto i te reo Māori]

§ 47.

In some Criminal Offences the accused may, however, be allowed his liberty, and is not detained in prison; but he must engage to [unclear: me] to the Court on the day appointed for a trial that he may be tried for the offence laid to his charge. He, and sureties on his behalf, must sign bonds binding himself and them to pay certain moneys to the Queen if he fail to appear in Court at the time therein specified. These bonds are taken by the Magistrates and sent to the Registrar of the Supreme Court; the accused is then allowed to go to his sureties, who must produce him on the day named for his trial. If they fail to do so, both he and they will forfeit the sums mentioned in the bond. If unpaid, the goods of the parties may be seized and sold until the amount required be raised. This is called "Bailing" the accused; whereby he is spared detention in prison while awaiting the Sitting of the Court to take his trial. In some serious cases, the Magistrates cannot take bail. In others, there is a discretion left with them to do so or not, as they may think proper; and again, in other cases, it is compulsory upon them to do so, if bail be offered by the accused. The amount of money in the bonds is always at the discretion of the Magistrates. It must be sufficient to ensure the production of the accused to take his trial but it must net be excessive.