Section 42
Provisions as to money payable as costs or compensation
Subject to the provisions of this Enactment where any person is, under this Enactment, for any reason whatsoever, ordered to pay any sum of money by way of costs or compensation, the court making the order may in its discretion do all or any of the following things, namely:
(a)
allow time for the payment of that sum;
(b)
direct payment of that sum to be made not exceeding twelve monthly instalments;
(c)
issue a warrant for the levy of that sum by distress and sale of any property belonging to that person;
(d)
direct that in default of payment or of a sufficient distress to satisfy such sum, that person shall suffer imprisonment for a certain term, which imprisonment shall be in excess of any other imprisonment to which he may be sentenced or to which he may be liable under a commutation of sentence, and where time is not allowed for the payment of that sum an order for imprisonment in default of payment shall not be issued in the first instance unless it appears to the court that person has no property or insufficient property to satisfy the money payable or that the levy of distress will be more injurious to him or his family than imprisonment;
(e)
direct that such person be searched and that any money found on him when so searched or which in the event of his being committed to prison, may be found on him when taken to prison shall be applied towards the payment of that sum, the surplus, if any, being returned to him but such money shall not be so applied if the court is satisfied that the money does not belong to the person on whom it was found or that the loss of the money will be more injurious to his family than his imprisonment.
(2)
The term for which the court directs that person to be imprisoned in default of payment or of a sufficient distress to satisfy any sum shall not exceed the following scale:
When the money to be paid does not exceed
RM500…………………...……...................
One month
When the money to be paid exceeds
RM500 but does not exceed
RM1000……………………..…….
Two months
In any other case………......………
Six months
(3)
Subject to the provisions of this Enactment the imprisonment which the court imposes under this section shall terminate whenever the money is paid or levied by process of law.
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(4)
If before the expiration of the time of such imprisonment such a proportion of the money is paid or levied that the time of imprisonment suffered is not less than proportional to the part of the money still unpaid, the imprisonment shall terminate.
(5)
A warrant for the levy of any such sum may be executed at any place in Malaysia but if it is required to be executed outside the State in which it is issued it shall be endorsed for that purpose by a Judge or a First Class Magistrate having jurisdiction in the State in which it is to be executed.