CAP. 75
Criminal Procedure Code
[Rev. 2012]
(3) Upon the issue of an order under subsection (2), the court shall, by notice in
writing, direct the objector to appear before it and establish his claim upon a date
to be specified in the notice.
(4) A notice shall be served upon the person whose property was, by the
warrant, issued under section 334, directed to be attached, and, unless the property
is to be applied to the payment of a fine, upon the person entitled to the proceeds
of the sale of the property; and the notice shall specify the time and place fixed for
the appearance of the objector and shall direct the person upon whom the notice
is served to appear before the court at the same time and place if he wishes to be
heard upon the hearing of the objection.
(5) Upon the date fixed for the hearing of the objection, the court shall
investigate the claim, and for that purpose may hear any evidence which the
objector may give or adduce and any evidence given or adduced by a person
served with a notice in accordance with the provisions of subsection (4).
(6) If, upon investigation of the claim, the court is satisfied that the property was
not, when attached, in the possession of the person ordered to pay the money or
of some person in trust for him, or in the occupancy of a tenant or other person
paying rent to him, or that, being in the possession of the person ordered to pay
the money at that time, it was so in his possession not on his own account or as his
own property but on account of or in trust for some other person or partly on his own
account and partly on account of some other person, the court shall make an order
releasing the property, wholly or to such extent as it thinks fit, from attachment.
(7) If, upon the date fixed for his appearance, the objector fails to appear, or
if, upon investigation of the claim in accordance with the provisions of subsection
(5), the court is of the opinion that the objector has failed to establish his claim, the
court shall order the attachment and execution to proceed, and shall make such
order as to costs as it deems fit.
(8) Nothing in this section shall be deemed to deprive a person who has failed
to comply with the requirements of subsection (1) of the right to take any other
proceedings which, apart from the provisions of this section, may lawfully be taken
by a person claiming an interest in property attached under a warrant.
336. Suspension of execution of sentence of imprisonment in default of fine
(1) When a convicted person has been sentenced to a fine only and to
imprisonment in default of payment of a fine, and whether or not a warrant of
distress has been issued under section 334, the court may suspend the execution
of the sentence of imprisonment and may release the convicted person upon his
executing a bond, with or without sureties, as the court thinks fit, conditioned for
his appearance before the court on a day not being more than thirty days from the
time of executing the bond; and in the event of the fine not having been realized
on or before that day the court may, subject to the other provisions of this section,
direct the sentence of imprisonment to be carried into execution forthwith.
(2) In any case in which an order for the payment of money has been made,
on non-recovery of which imprisonment may be awarded, and the money is not
[Issue 1]
C44 - 92
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