(b) has in any prosecution given security in such amount and in such manner as the court may direct that he will pay the accused such costs incurred by him in respect of his defence to the charge as the court before which the case is tried may order him to pay. 18 Failure of private prosecutor to appear on appointed day (1) If the prosecutor, being a private party, does not appear on the day appointed for appearance, the charge or complaint shall be dismissed unless the court sees reason to believe that such party was prevented from being present by circumstances beyond his control, in which case it may adjourn the hearing of the case. (2) In the case of any dismissal in terms of subsection (1), the accused shall not be again liable to prosecution on the same charge by any private party, but no such dismissal shall prevent the Atto rney-General, or a public prosecutor on the instructions of the Attorney-General, from afterwards taking up the case. 19 Mode of conducting private prosecutions A private prosecution shall, subject to this Act, be proceeded with in the same manner as if it were being conducted at the public instance, except that all costs and expenses of the prosecution shall be paid by the party prosecuting, subject to any order that the court may make when the prosecution is finally concluded. 20 Competency of Attorney-General to take up and conduct prosecution at public instance In the case of a prosecution at the instance of a private party, the Attorney-General or the local public prosecutor may apply by motion to any court before which the prosecution is pending to stop all further proceedings in the case, in order that prosecution for the offence may be instituted or continued at the public instance and such court shall, in every such case, make an order in terms of the motion. 21 Deposit of money by private prosecutor In the case of a criminal prosecution at the instance of a private party, the registrar or clerk of the court shall, for the service of any criminal summons or subpoena or execution of any warrant of arrest or other criminal process, demand and receive the prescribed fee. 22 Costs of private prosecution (1) Where a person prosecuted at the instance of a private party is acquitted, the court in which the prosecution was brought may order the party that instituted the prosecution to pay to the party prosecuted the whole or any part of the expenses, including the costs both before and after committal, which may have been occasioned to him by the prosecution. (2) Where the court, upon hearing the charge or complaint on a private prosecution, pronounces the same unfounded and vexatious, it shall award to the accused on his request such costs as it may think fit. (3) Where a person prosecuted at the instance of a private party is convicted, the court may order the co nvicted person to pay the costs and expenses of the private prosecution in addition to any sum awarded in terms of Part XIX: Provided that if the private prosecution was instituted after a certificate by the Attorney-General that he declined to prosecute the court may order the costs to be paid by the State. (4) Any costs awarded in terms of this section shall be taxed according to the scale applicable in civil cases in the court concerned unless a special scale of costs for private prosecutions has been prescribed in rules of court. PART IV P RESCRIPTION O F OFFENCES 23 Prescription of offences (1) The right of prosecution for murder shall not be barred by any lapse of time. (2) The right of prosecution for any offence other than murder, whether at the public instance or at the instance of a private party, shall, unless some other period is expressly provided by law, be barred by the lapse of twenty years from the time when the offence was committed. PART V ARRESTS A. Without warrant 24 Arrest and verbal order to arrest (1) It shall be lawful for any judge, magistrate or justice, who has knowledge of any offence by seeing it committed, himself to arrest the offender or by a verbal order to authorize others so to do. (2) The persons authorized in terms of subsection (1) are empowered and required to follow the offender if he flees, and to execute the order on him out of the presence of the judge, magistrate or justice.