Criminal Procedure Code
217
Irregularity in distress
423. No distress made under this Code shall be deemed unlawful,
nor shall any person making it be deemed a trespasser, on account
of any defect or want of form in the summons, conviction, writ
of distress or other proceedings relating to it, nor shall that party
be deemed a trespasser ab initio on account of any irregularity
afterwards committed by him, but all persons aggrieved by the
irregularity may recover full satisfaction for the special damage
caused by it in any Court of competent jurisdiction.
Chapter XLIV
MISCELLANEOUS
Affidavits before whom sworn
424. (1) Subject to any rules of Court, any affidavit may be
used in a criminal Court if it is sworn—
(a)
in Malaysia before any Magistrate or Registrar;
(b)
in the Republic of Singapore before any Judge, District
Judge, Assistant District Judge, Registrar, Deputy Registrar,
Police Magistrate or before any person authorized to take
affidavits by any written law in force in the Republic
of Singapore;
(c)
in England, Scotland, Ireland or the Channel Islands or
in any Colony, island or place (other than the above)
under the dominion or jurisdiction or protection of Her
Britannic Majesty, before any Judge, Court, Notary Public
or other person lawfully authorized to administer oaths;
(d)
in any other place before any officer exercising consular
functions on behalf of Malaysia.
(2) The Court shall take judicial notice of the seal or signature,
as the case may be, of any Judge, Court, Notary Public, Consul,
Vice-Consul or other person appended or subscribed to any
affidavit.
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