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In cases of alleged poverty of petitioner, the court shall inquire if the petitioner can pay part of the sum due, &c.
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31. If the petition in any such case shall allege the poverty or inability of the petitioner to pay the amount of the sum or sums for which he or she shall be so in custody, the court or judge, in examining into such petition shall inquire whether such petitioner may not be of ability or have the power to pay and discharge some and what part or proportion of the sum or sums for which he or she shall be so confined; and such court or judge shall not on the said ground of poverty or inability order such petitioner to be so discharged, except on the payment of such part or proportion of such sum or sums as he or she may so have the power to pay and discharge; and if such petitioner shall have been a surety in a forfeited recognizance, then the court or judge shall also inquire when and by what means such person became unable to pay such amount; and unless such court or judge shall be satisfied that such inability arose without fraud, contrivance, or wilful default, after the time of entering into such recognizance, such court or judge shall not order that such person be discharged until after the end of four calendar months at the least from the commencement of his or her imprisonment under such process.
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