farthest within ten days, transmit to the Clerk or Presiding Judge of the Court which has legal cognizance of the offense charged, all the complaints, depositions, bail bonds, bonds for the appearance of witnesses and other documents in his possession relative to the accusation.

$568. The names of all persons who have given bail or have become bound by recognizance to appear in any Court, shall be called in open Court on the day they are respectively bound to appear, and if they fail to appear before the adjournment of the Court, their default shall be entered, and such entry shall be evidence of the breach of their appearance bonds or recog nizances.

$569. Courts may also, on the motion of the public prosecutor, order the Sheriff to arrest and bring before them any person who has been bound by recognizance or summoned to appear and give testimony and who has not attended at the time appointed, and when so arrested, the said witnesses may be also fined in any sum not exceeding one hundred dollars for their neglect, and must remain in custody until they give their testimony and are discharged from farther attendance, or until they give such security as shall satisfy the Court, for their to testify.

appearance

$570. Witnesses bound to appear, and persons let out on bail, must not only attend on the day appointed in their respective obligations, but at such other times as the Court shall direct, and the obligation continues until they are discharged by the Court.

$571. All persons charged with criminal offenses, shall be bailable by sufficient sureties, unless for capital offenses, when the proof is evident or the presumption great.

$572. If the charge be for an offense not capital in its nature, the defendant may be admitted to bail before conviction

as a matter of right, and such right shall continue after conviction in all cases other than those wherein a sentence of at least twenty years' imprisonment may be imposed until the final determination of any motion for a new trial, appeal, exceptions, certiorari, Habeas Corpus or other proceedings which shall have been made, taken, issued or allowed for the purpose of securing a review of the rulings, verdict, judgment, sentence or other proceedings of any Court or jury in or by which such defendant. has been arraigned, tried, convicted or sentenced. In all cases not capital where the punishment must be imprisonment for twenty years or more, it shall rest in the discretion of the trial Court to admit the defendant to bail after conviction. No defendant entitled to bail, whether bailed or not, shall without his written consent be subjected to the operation of any sentence passed upon him while any proceedings to procure a review of any action of the trial Court or jury in the premises shall be pending and undetermined.

$573. In cases where the punishment for the offense charged may be death, or imprisonment for a term not less than ten years with or without fine, a Judge or Justice of a Court of Record, but no other Magistrate, shall be competent to admit the accused to bail, in conformity with the provisions of this Act. In all other cases the accused may be so admitted to bail by any Judge or Justice of a Court of Record, or by any Police or District Justice, and in cases where the punishment for the offense charged may not exceed two years imprisonment with or without fine, the Marshal, his deputy, any Sheriff or his deputy, may admit such accused person to bail.

$574. Unless otherwise ordered by the Court the bail bond given by any defendant prior to his conviction, shall (in cases where bail after conviction is permitted either absolutely or by order of the Court) be continued as the bail of such defendant after conviction, and until the final determination of any subsequent proceedings in such cause.

1903 Act-39

(Repealed 5.h.

$575. Provided, however, that in cases of arrests for the offense of murder, or for any of the offenses set forth in Act 3 of the Acts of the Provisional Government of the Hawaiian Islands, entitled "An Act to amend Chapter 6 of the Penal Code relating to Treason," or for the offense of seditious conspiracy, set forth in Act 8 of the Acts of the Provisional Government of the Hawaiian Islands, entitled "An Act concerning Seditious Offenses," the person arrested shall not be admitted to bail without the consent of the Attorney-General, who shall have full authority to refuse bail in such cases.

NOTE TO CHAPTER 50.

§553 is P. C. Ch. 50 §1. §554 is S. L. 1888, Ch. 27. §555 is S. L. 1876, Ch. 16, C. L. p. 575. §556 is C. C. §1009. §§557-570 are P. C. Ch. 50, 884-18. $571-574 are S. L. 1892, Ch. 32. §575 is P. G. Act 38.

Cases in Hawaiian Reports: Re Walker, 9 Haw. 175.

CHAPTER 51.

FINES AND COSTS.

$576. Whenever a fine is imposed by any Court or Magistrate, according to law, upon any person, and such fine shall not be paid within ten days after such imposition, or an appeal taken, where the trial is in a Court not of Record, the Court or Magistrate imposing such fine may issue an execution for the same, to be levied upon the offender's property, real or personal.

$577. When a judgment of fine and costs, or either of them is not satisfied by immediate payment thereof, the offender so sentenced shall be committed to prison, there to remain at hard labor or otherwise, in the discretion of the Court or Magistrate, until such fine is paid or collected out of the offender's property as prescribed in the above section. Provided, however, that when any poor convict shall have been imprisoned for the space of one year, for fine and costs, or either of them, any two Magistrates may order such convict to be brought before them for examination, and if, upon inquiry, they shall be satisfied that he has not since his conviction, had any estate, real or personal, with which he could have paid the sum for which he stood committed, and that he is held for no other cause, they may direct the Marshal of the Republic, or his deputy having him in custody, to discharge such convict from prison.

$578. Clerks of any Court, District Magistrates, and other officers who shall receive any fines, forfeitures or costs, imposed or awarded by any Court to the use of the Government, shall keep a correct account of the same, with the names of the persons

from whom the same are received, and the dates when they were received; and shall pay over the same to the Governors of their respective islands, except that, on the Island of Oahu, all fines, forfeitures and costs shall be paid to the Minister of Finance; and moreover, once in three months shall render an account of the same to said Governors, or if on Oahu, to said Minister of Finance.

$579. If any clerk or other officer shall neglect to make such payment, or render such account, it shall be deemed a sufficient cause of removal by the power appointing such officer, and the Governor of the Island or the Minister of Finance may sue for and recover of him the amount of such fines, forfeitures and costs, with interest from the receiving of the same, at the rate of twenty per cent. and the costs of suit.

$580. If any officer having any person in his custody, by virtue of a sentence of Court, for the payment of any sum as a fine, forfeiture or costs, shall voluntarily or negligently suffer such person to escape, he shall be deemed to have received such fine, forfeiture or costs at the time of the escape, and shall be held liable to pay over the same with interest and costs of suit, as provided in the preceding section.

$581. Whenever a person shall be convicted of an offense under any provision of the Penal Code of this Republic, his property shall be liable for the costs incurred in his prosecution, and the Court or Magistrate before whom he is tried may issue an execution therefor.

$582. When such costs are not paid by the party prosecuted, or collected out of his property, they shall be paid out of the Treasury of the Republic, upon the order of the Judge presiding at the trial.

$583. When any person shall be sentenced to pay a fine and costs or either of them and to be imprisoned until the same