50
Laws of Malaysia
Act 593
warrant, and that he had not such notice of the proclamation as
to enable him to attend within the time specified therein, the
property or, if the same has been sold, the nett proceeds of the
sale or, if part only thereof has been sold, the nett 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
47. A criminal Court may in any case in which it is empowered
to issue a summons for the appearance of any person other than
a juror or assessor issue, after recording its reasons in writing,
a warrant for his arrest—
(a)
if either before the issue of summons or after the issue
of the same but before the time fixed for his appearance
the 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.
Summonses to appear and warrants of arrest may be executed
in any part of Malaysia
48. (1) All summonses to appear and warrants of arrest issued
by a Magistrate’s Court may be served or executed as the case
may be in any part of Malaysia:
Provided that no such summons shall be served outside the
local limits of the jurisdiction of the Court issuing the same
unless the same shall be indorsed by the Court with the words
“For service out of the jurisdiction”.
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