Section 17
of Debtors Act
Section 17
(1)
If it is shown to the satisfaction of the court or a judge, at any time after the issue of a writ of summons, or summons, by evidence on oath, that the plaintiff has a good cause of action against the defendant, and that —
(a)
the defendant is absent from Brunei Darussalam and his whereabouts cannot be discovered;
(b)
service of the writ of summons or summons cannot without great delay or difficulty be effected; or
(c)
the defendant, with intent to obstruct or delay the execution of any judgment which has been or may be made against him, has removed, is about to remove, has concealed, is concealing, making
Debtors
B.L.R.O. 1/2008 11 2008 Ed.
away with, or handing over to any other person, any of his movable or immovable property, the court or judge may order that the property of the defendant, or any part thereof, be forthwith seized by the sheriff as a pledge or surety to answer the claim of the plaintiff, until the trial of the action and satisfaction of any judgment that may be made against the defendant; but such order shall not constitute the plaintiff a secured creditor if the defendant is adjudicated bankrupt:
Provided that any property of the defendant, if in the custody of any public officer or any member of any visiting forces lawfully present in
Brunei Darussalam, in his official capacity, shall be seized only with the consent in writing of the Attorney General.
(2)
In case land is subsequently seized in execution in satisfaction of any judgment in the action, the order of court registered under this section pursuant to such seizure shall have priority as though it had been registered upon the date on which the order was made.
Court may release property.