297. Discharge of Sureties. (1) (2) All or any sureties to a bond may at any time apply to the Court which caused the bond to be taken or to a Magistrate of the first or second class to discharge the bond either wholly or so far as relates to the applicants. On such application the Court or Magistrate shall issue a warrant for the arrest of the person on whose behalf the bond was executed and upon his appearance shall discharge the bond either wholly or so far as relates to the applicants and shall require such person to find other sufficient sureties and, if he fails to do so, may make such order as in the circumstances is just and proper. NOTE:- See note to Section 296. 298. Discharge of Surety’s Estate. When a surety to a bond dies or is adjudicated bankrupt before his bond is forfeited, his state shall be discharged from all liability under the bond, but the person on whose behalf such surety executed the bond may be required to find a new surety; in such case the Court of a Magistrate may issue a warrant for the arrest of such person and upon his appearance may require him to find a new surety and; if he fails to do so, may make such order as in the circumstances is just and proper. NOTE:- See note to Section 296. 299. Procedure on Forfeiture of Bond. (1) (2) Whenever it is proved to the satisfaction of the Court, by which a bond has been taken, or of the Court of a Magistrate of first or second class or when the bond is for appearance before a court, to the satisfaction of such court that a bond has been forfeited, the Court shall record the grounds of such proof and may call upon any person bound by the bond to pay the penalty thereof or to show cause why it should not be paid. If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same from such person or from his estate if he is dead in the manner laid down in section 267 for the recovery of fines. NOTE:- The surety’s estate is only liable if the surety dies after the bond is forfeited. See section 298. (3) If the penalty is not paid and cannot be recovered in manner aforesaid the person bound shall be liable by order of the Court, which issued the warrant under section 267, to imprisonment for a term which may extend to six months. (4) The Court may at its discretion remit any portion of the penalty mentioned and enforce payment in part only. NOTE:- (1) For forms see Schedule 111, 24, 25, 26, 27, 31, 32 and 42. 102

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