Marginal note:Render of accused by sureties
766 (1) A surety for a person who is bound by recognizance to appear may, by an application in writing to a court, justice or provincial court judge, apply to be relieved of his obligation under the recognizance, and the court, justice or provincial court judge shall thereupon issue an order in writing for committal of that person to the prison nearest to the place where he was, under the recognizance, bound to appear.
Marginal note:Arrest
(2) An order under subsection (1) shall be given to the surety and on receipt thereof he or any peace officer may arrest the person named in the order and deliver that person with the order to the keeper of the prison named therein, and the keeper shall receive and imprison that person until he is discharged according to law.
Marginal note:Certificate and entry of render
(3) Where a court, justice or provincial court judge issues an order under subsection (1) and receives from the sheriff a certificate that the person named in the order has been committed to prison pursuant to subsection (2), the court, justice or provincial court judge shall order an entry of the committal to be endorsed on the recognizance.
Marginal note:Discharge of sureties
(4) An endorsement under subsection (3) vacates the recognizance and discharges the sureties.
- R.S., 1985, c. C-46, s. 766
- R.S., 1985, c. 27 (1st Supp.), s. 203
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