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Inquiries before granting relief where petitioner has been fined, or is the principal in any forfeited recognizance, or is a surety.
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32. In any case in which such petitioner shall have been fined, or shall have been the principal in any recognizance on which he or she shall be so in custody, such court or judge shall also inquire into the nature of the offence for which such fine shall have been imposed, or of the charge in consequence of which such recognizance shall have been entered into, and under what circumstances the same was forfeited; and in case such petitioner shall be so in custody under any recognizance to answer or appear to any charge, and shall after the forfeiture of such recognizance have been tried and acquitted of such charge, such court or judge shall inquire whether on such trial all the witnesses for the prosecution attended and were examined; and if not, then whether by the forfeiture of such recognizance the attendance of any such witness was in any respect prevented; and if such petitioner shall be a surety, then such court or judge shall inquire whether such surety used due diligence to make the principal amenable to the law; and in all and every of such cases the said court or judges or judge of assize shall have full power and authority, if they or he shall think proper, to order the discharge of such petitioner, either generally or after such length of time as such court or judges or judge in his or their discretion shall think fit, having respect to the circumstances of the case, and the length of time that such petitioner shall have been in custody previous to the making of such order, and to the object and purposes of this Act; and such order in such form shall be good and valid to all intents and purposes whatsoever.
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