28th September, 1936 (3) A person against whom an order for payment of costs of the defence has been made, may, where such order was made by a magistrate, appeal to the District Court, but i n no other case shall any appeal lie from such order. 45. —(1) A person convicted of an offence not punishable w i t h death may, instead of, or i n addition to, any punishment to w h i c h he is liable, be ordered to enter into his own recognisance, w i t h or without sureties, i n such amount as the court thinks fit, that he shall keep the peace and be of good behaviour for a time to be fixed by the court, and may be ordered to be imprisoned u n t i l such recognisance, with sureties, if so directed, is entered into; but so that the imprisonment for not entering into the recognisance shall not extend for a term longesr than one year, and shall not, together with the fixed term of imprisonment, if any, extend for a term longer than the longest term for which he might be sentenced to be imprisoned without fine. Security for keeping the peace. (2) The court may order the complainant or any witness i n a criminal case, where it apprehends that a breach of the peace may occur, to enter into his own recognisance, with or without sureties, i n such amount as it thinks fit that he shall keep the peace and be of good behaviour for a time to be fixed by the court, and that i n default of compliance he shall be imprisoned for a term not exceeding three months. Security for keeping the peace from complainant or witness. 46. —•(1) W h e r e a person has been convicted by a magistrate or on information of any offence punishable w i t h imprisonment, and the court is of opinion that, having regard to the character, antecedents, age, health or mental condition of the person so convicted, or the trivial nature of the offence, or the extenuating circumstances under which the offence was committed, it is expedient to release the offender on probation, the court may, i n lieu of imposing a sentence of imprisonment, make an order discharging the offender conditionally on his entering into a bond, w i t h or without sureties, to be of good behaviour and to appear for sentence when called on at any time during such period, not exceeding three years, as may be specified i n the order. Conditional release of offenders. (2) Notwithstanding any such order the court may award damage for injury or compensation for loss to any person injured by the offence, and the court may fmrther order the offender to pay the cost of the proceedings. (3) T h e order of the court shall have the like effect as a judgment w i t h regard to the restitution or delivery of stolen property to the owner. (4) A bond ordered to be entered into under this section shall, if the court so direct, contain a condition that the offender be under supervision of the District Superintendent of Police, or of such person as may be named i n the order, during the period specified, and such additional conditions w i t h regard to residence and any other matters as the court may think fit for securing such supervision. Probation under supervision. (5) T h e court before which any person is bound by a bond under this section to appear for sentence may, on the application of the District Superintendent of Police or other person to w h o m supervision has been entrusted, and after notice to the offender, vary the conditions of the b o n d ; or, on being satisfied that the conduct of the person has been such as to make it unnecessary that he should remain longer under supervision, discharge the bond. Power to vary conditions of release.