Section 48
Section 48
(No section).
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Proclamation and attachment
Proclamation for person absconding 49.
(1)
If the High Court or a Court of a Magistrate has reason to believe, whether after taking evidence or not, that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place-and at a specified time.
(2)
The proclamation shall be published as follows -
(a)
it shall be publicly read in some conspicuous place of the town, village or kampong in or near which such person ordinarily resides;
(b)
it shall be fixed to some conspicuous part of the house or other place in which such person ordinarily resides or to some conspicuous place of such town, village or kampong; and
(c)
a copy thereof shall be affixed to some conspicuous part of the Court house.
(3)
A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day shall be conclusive evidence that the requirements of this section have been complied with and that the proclamation was published on such day.
Attachment of property of person proclaimed 50.
(1)
The Court issuing a proclamation under section 49 may at any time order the attachment of any property movable or immovable or both a belonging to the proclaimed person.
(2)
If the property ordered to be attached consists of debts or other movable property, the attachment shall be made by -
(a)
seizure;
(b)
the appointment of a receiver;
(c)
an order in writing prohibiting the delivery of such property to the proclaimed person or to any one of his behalf; or
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(d)
all or any two of such methods as the Court thinks fit.
(3)
If the property ordered to be attached is immovable, the attachment under this section shall be made through the Land Officer of the district in which the property is situated; and upon the receipt of an order of attachment, the Land Officer shall execute the attachment by -
(a)
taking possession;
(b)
the appointment of a receiver;
(c)
an order in writing prohibiting the payment of rent or delivery of property to the proclaimed person or to any person on his behalf; or
(d)
all or any two of such methods as he thinks fit.
(4)
No such attachment of any land held under a title required by law to be registered shall take effect until the order of attachment is duly registered under the law for the registration of dealings with such land for the time being in force.
(5)
If the proclaimed person does not appear within the time specified in the proclamation, the property shall be at the disposal of the
Government, but it shall not be sold until the expiration of 6 months fiom the date of the attachment unless it is subject to speedy and natural decay, or the
Court considers that the sale would be for the benefit of the owner, in either of which case the Court may cause it to be sold whenever it thinks fit.
(6)
Any person other than the person proclaimed may appear before the Court which made the order of attachment and claim, stating his title thereto, the property or any part thereof attached or ordered to be attached:
Provided that the claim is made within 3 months from the order of attachment.
(7)
The Court shall record the claim so made and shall cause a copy thereof to be served upon the prosecutor together with a notice requiring him to attend before the Court on a day and at a time to be stated therein to show cause why the property, if attached, should not be released, or why such order of attachment should not be cancelled so far as it relates to the property so claimed.
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a
(8)
At the hearing, the Court shall proceed to inquire into the truth and justice of the claim so made and to take such evidence as may be necessary.
(9)
Such inquiry shall be made, as nearly as may be practicable, in the manner prescribed by Chapter XIX for conducting trials without the aid of assessors.
a
(10)
The Court shall, if satisfied of the truth and justice of the claim, direct the property to be released or the order to be cancelled, or is satisfied as aforesaid as to part only of the claim shall direct such part to be released or so much of the order as relates thereto to be cancelled.
(1 1) The Court may, in its discretion, award to the claimant costs and such expenses as it thinks proper which shall be paid by the
Government.
Restoration of attached property 51.
If within 2 years fiom the date of the attachment any person whose property is or has been at the disposal of the Government under section 50 appears voluntarily or is apprehended and brought before the
Court by whose order the property was attached and proves to the satisfaction of such Court that he did not abscond or conceal himself for the purpose of avoiding execution of the warrant, and that he had no such notice of the proclamation as to enable him to attend within the time specified therein, the property or, if the property has been sold, the net proceeds of the sale or, if part only thereof has been sold, the net proceeds of the sale and the residue of the property shall after satisfying thereout all costs incurred in consequence of the attachment, be delivered to him.
Other rules regarding summonses to appear and warrants of arrest
•
Issue of warrant in lieu of or in addition to summons 52.
A criminal Court may, in any case in which it is empowered to issue a summons for the appearance of any person other than an assessor, after recording its reasons in writing, issue a warrant for his arrest -
(a)
if either before the issue of summons or after the issue of the summons but before the time fixed for his appearance, the
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Court sees reason to believe that he has absconded or will not obey the summons; or
(b)
if at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure.
Service and execution in any part of Brunei Darussalam 53.
All summonses to appear and warrants of arrest issued by a
Magistrate may be served or executed, as the case may be, in any part of
Brunei Darussalam.
Power to take bond for appearance 54.
When any person for whose appearance or arrest any Court is empowered to issue a summons or warrant is present in such Court, it may require such person to execute a bond with or without sureties for his appearance in such Court.
Arrest on breach of bond appearance 55.
When any person who is bound by any bond taken under this
Code to appear before a Court does not so appear, such Court may issue a warrant directing that such person be arrested and produced before it.