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s 35

Surety and surety undertaking

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Part VISureties and surety undertakings

35 Surety and surety undertaking

(1)

A surety is a person who, as a condition of the grant of bail to an accused, enters into a surety undertaking, that is to say, undertakes in writing that he will, subject to this Act, forfeit a specified amount of money if the accused fails to comply with any requirement of his bail undertaking mentioned in section 28(2)(a) and (b).

(2)

A surety is required to be approved under section 40.

(3)

A forfeiture of money by a surety as mentioned in subsection (1) is enforceable as provided in section 49 but not otherwise.

[Section 35 amended: No. 84 of 2004 s. 82; No. 6 of 2008 s. 18(3).]

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