(1) A surety is a person who, as a condition of the grant of bail to a defendant, enters into a surety undertaking, that is to say, undertakes in writing that he will, subject to this Act, forfeit a specified amount of money if the defendant fails to comply with any requirement of his bail undertaking mentioned in section 28 (2) (a) and (b) (ii).

(2) A surety is required to be approved under section 40.

(3) A forfeiture of money by a surety as mentioned in subsection (1) is enforceable as provided in section 49 but not otherwise.