Liability of person making the complaint in Superior Court

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  • (a) When the defendant in the Superior Court is found not guilty he shall be immediately discharged and if it appear to the judge that the prosecution was malicious or without probable cause he shall cause an entry to such effect to be made in the minutes of the court.

  • (b) Upon making the entry prescribed in subsection (a) of this section, the court may give judgment against the person making the complaint for the costs and disbursements of the action, and require him to pay the same or give satisfactory security therefor, by a written undertaking, with one or more sureties to be approved by the judge, and to pay the same to the court, within thirty days from the date of such judgment.

  • (c) The judgment for costs and disbursements referred to in subsection (b) of this section may be enforced against the person making the complaint if he does not pay the same or give the required security therefor, in all respects as a judgment for costs in a civil action; but if he gives the required security therefor, the judgment may be enforced at the expiration of the thirty days, against the person making the complaint and his sureties in the undertaking in all respects as a judgment for money in civil action.


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