THE

LAWS

OF

THE

FEDERATED

MALAY

STATES.

VOL.

III.

THE FEDERATED

LAWS

OF

THE STATES

MALAY
1877-1920

COMPILED

BY

A.

B.
LEGAL

VOULES,
ADVISEK,
F.M.S.

IN

THREE
VOL.

VOLUMES.
in.

PUBLISHED

BY

AUTHORITY

PRINTED

BY

HAZELL,
LONDON
(Appointed
Government

WATSON
AND
Government
for of

"

VINEY,

LD.

AYLESBURY
the Federated of this

by the

Malay
edition

States
of

the

Printers

the

purposes

Laws)

1921

""

ALPHABETICAL THE LAWS

INDEX OF THE

OF

THE

SHORT MALAY

TITLES

OF

FEDERATED ON 31st

1877-1920, UNREPEALED
Short title.

STATES, 1920. DECEMBER,

No. and

Year.

Vol.

Page.
615 626 526

Adoption

of

Straits

Settlements

dinances OrPk.
12 of 1895 22 of 1914 I II II I

Advocates
Aerial

and

Solicitors
. . .

Navigation

22 of 1913
..

Affirmations

1898

83

Agreements
visions

for

Leases, Temporary

Pro

Pg. 6
Pests
of

of 1901

I II

742 495 292 668 215 128 544 56 14 550 420 31 18 514

Agricultural
Alien Aliens

13 of 1913 22 of 1917 20 of 1919

..

Missionaries, Supervision Admission,

Exclusion Registration Places
Birds
of

III III
I III

Former

Enemy

Aliens, Aliens,
Animals

Pauper
of

1902

4 of 1917 Public 24 of 1913

Amusement,
and

II
II II I II III

Animals,
Appraisers

Protection, to Prevention, Cruelty

(amended)
. .

Wild

9 of 1911 6 of 1910
. .

1907

Arbitration Arms
Army Auction

17 of 1912 13 of 1915

Act

8 of 1915
. .

III
I

Sales

1905

Banishment
Bank Note

10 of 1910

II I II III II II II III II III II III II I I

22 729 593 657 242 303 482 670 56 720 419 57 403 132 C69

Issue

Pg. 4
. .

of 1890

Bank,
Banking

Savings

17 of 1914 10 of 1919 2 of 1912

(Restriction)
Fund,
Sale

Bankruptcy Benevolent Planters'

3 of 1912 10 of 1913

Betting
Bills Birds
of

26 of 1919 Animals
and

Protection, Wild
and

9 of 1911 13 of 1920 14 of 1912 17 of 1915 9 of 1912 1899

Births Bishop

Deaths

Registration

of

Singapore,
and

Incorporation
. ,

Books, Printing
British
and

Foreign

Companies

Buffaloes.. BuNus Reserve Cancellation

Sel. 3 of 1897

1000761

VI

INDEX

OF

SHORT

TITLES.

Short

title.

No.
. .

and

Year.

Vol.

Page.
653 6

Bureau Burials

of

Statistics

9 of 1919 4 of 1910

III
II

Census Chamber
of

8 of 1910

II II II

17 644 34 644 47 115

Mines,
and

F.M.S., Incorporation

25 14

of 1914
of 1910

Chandu,
Change Chief Chinese Chinese Christian

Opium
of

Names

3 of 1919

III
II I

Secretary

(Incorporation)
Secretary
for

1 of 1911 1899
..
-

Affairs, Laws,

Recognition
. .

Pk.

23

of 1893

610

Brothers'

Schools

Visitor

In32 of 1918 III II III III

I III 598 669 64

corporation

Christian Civil Civil

INLvrriage

1 of 1915

Guard,
Procedlt^e

Reserve Code
.

Force
.

and

21
. .

of 1915 of 1918
1896

15
..

350
32 158

Clauses,
Coconut

General Palms Preservation

17 15
. .

of 1917 of 1918
1902

Code, Code, Code, Coin,

Civil

Procedure Procedure

III
I II II I

350 220
332 407 467 457 38 590

Criminal
Labour

6 of 1912 10 Export
..

Counterfeit
and

of 1912 1903

Coin, Import
Collision Collision Commissions Common Companies
and
at

Salvage

2 of 1913

II
I

Sea, Prevention
of

1897
..

Enquiry
Houses

18 19 20

of 1918 of 1912 of 1917

III
II III II

Gaming
. .

426
160 403 317

Companies,
Companies,
Contagious Continuance Contract
.

British Fire
and

and

Foreign
. .

9 of 1912 3 of 1918

Insurance Infectious Disease Pk.

III
I

3 of 1894 15
..

613
666

of

Powers

of 1919 1899

III
I

135
50 622

Copyright,
Corporations Council Counterfeit Country Court Courts

Telegram
. .

5 of 1911

II
II III II II I

Duty Validation
. .

20 of 1914
18 10 of 1920

Proceedings Coin Lands Fees

729
407 576 490 330 432 624 697

of 1912

(Cultivation)

8 of 1914 1905
..

14

of 1918 1903

III
I I I

Crimes,

Prevention Prevention Prevention

of of of

..

Crimes, Crimes,
Criminal
AND

Pk. N.S. Police Assistance

2 of 1903 6 of 1895

Jurisdiction,
Procedltie
to

19 of 1913 Code
..

II

509

Criminal Cruelty

1902 6 of 1910

I II

220
14

Animals,

Prevention

INDEX

OF

SHORT

TITLES.

Vll

Short

title.

No.

and

Year.

Vol.

Page.
576 723 731 719 782

Cultivation,
Cultivation Cultivation Customary Customs

Countky
of of

Lands

8 of 1914

II I I I III

Rice Rice

N.S.

3 of 11 17 31

1917

Pg.
N.S.

of 1897 of 1909

Tenure

of 1920

Dangerous

Trades Statutory

1909
. .

I I I I III II I I I I I I I

564 114 217 6ia 643 69 434 613 695 667 461 621 686

Declarations,
Decrepit Decrepit Delegation Deleterious Departmental

1899
. .

Vagrants

1902
. .

Ward
of

Fund
. .

Pk.

15

of

1901

Powers

2 of 1919

Drugs

10 of 1911
1903
. .

Fines Contagious
Prevention Prevention
and

Disease,
Disease,.

Infectious

Pk.
.

3 of 1894 1 of 1894

of of
and

N.S.

Disease, Disease,
District

Sei. 5 of 1894 Prevention

of

Quarantine
Officers Water

1903
. .

Pk. Supply
Muhammad
an

10

of 1902

Districts Divorce

Sel. 2 of 1910 riage Mar1900

. .

Registration,
AND

I I II II II

195 567 69 473 622

Drainage

Rate
. .

1909
. .

Drugs, Drugs, Duty,

Education

Deleterious

10 Food
and

of 1911

Sale

of

9 of 1913 20

Corporations

of 1914

Rate

5 of 1915

III II I III I I II

3 528 538 4 481 467 658

Electricity

23 of 1913
Penal
"" ""

Evidence,
JijX^ClSfi

Code
""

and

1905
. . . .

6 of 1915
""

Explosives

1904
. .

Export,
Extradition

Coin

Import

and
. .

1903 26 of 1914

Federated

Malay Incorporation Malay

States

Chamber

of

Mines,
Federated

25

of 1914
1905 1905 1900

II
I I I I III I I I II III

644 498 490 211 434 317 82 589 513 473 627

States

Prisoners

Fees,
Ferries

Court

Fines,
Fire Fish Flags

Departmental
. .

1903

Insurance

Companies

of 1918
1898

Protection
at

Religious Regulation

Festivals
. .

Pk.

1 of 1881 1905

Flogging Food
Food
and

Drugs,

Sale

of

9 of 1913 42

Production

of 1918

Vlll

INDEX

OF

SHORT

TITLES.

Short

title.

No.

and

Year.

Vol.

Page.
403 62 602 668 30 616 193 47

Foreign Foreign Forest

Companies,
Marriage

British

and

9 of 1912

II III III III II I I III

Notice

20 of 1915
34

of 1918 of 1919 of 1910 of 1895

1900
.

Former
Freight

Enemy
and

Aliens Steamship

Admission

20 13

Frivolous
Frontier Fugitive

Charges
Police

Fk.

20
.

Offenders

15

of 1915

Gaming Ganja General General

Houses,
Prohibition Clauses
Loan

Common

19
. . . . . .

of 1912 1898 1896

II I I II II I II II

426 87

32
567 552 489 10 486

and

Inscribed

Stock
and

3 of 1914 2 of 1914 1904

. .

Girls,

Protection,
Debts, Loans, Fund,

Women Priority

Government Government

Secl^rity
Public

5 of 1910 11
. .

Guarantee

Officers'

of 1913

Habitual
and

Criminals,
Criminals,

Stolen

Property Sel. 15 of 1902

I 679

Habitual
and

Stolen

Property N.S.
11

of 1902

716

Habitual
AND

Criminals,

Stolen

Property

Pg.
Pk.
. .

16 17

of 1902 of 1891

I
I I I

744 595 650 700 733 727 13

Harbour Harbours
. .

Sel. N.S.
. . . .

1 of 1891 7 of 1896 1 of 1898 1 of 1890 1896

Harbours Harbours

Pg.
for
. .

I
I I

Headmen,
High

Regulations

Pg.

Commissioner

Import Imports

and and

Export,

Coin
..

1903
of

467 626 419 47

Exports,
Bishop

Registration
of

40 14

of 1918

III
II

Incorporation, Incorporation, Incorporation,

Schools

Singapore

of 1912

Chief

Secretary Brothers'

1 of 1911

II

Christian Visitor F.M.S. Methodist

. .

32 of 1918 Chamber
of

III '11

598 644

Incorporation,
Incorporation,
Board

Mines.. tion Loca-

25

of 1913

Episcopal

13

of

1914

II

587

Incorporation,
Bishop
of

Titular Malacca

Roman

Catholic
16

of 1915

III

56

Indian
'

Labourers,
..

Netherlands,
""
.. ..

Protec1909 1898 I I 569 89

TION

.t

Instruments,

Negotiable

INDEX

OF

SHORT

TITLES.

IX

Short

title.

No.

and

Year.

Vol.

Page.
597 753 131 590

Inventions Inventions
Irrigation

19

of 1914 of 1909
1899

II I I I

Validation
. .

.Pg. 13
..

Areas
Perak

Issue

of

Notes

Prohibited

Pk.

10

of 1890

JiNRIKISHA

1900

198

Karang

Ayer

Leleh
. . . . . . . .

Pg.
Pk.

1 of 1916 2 of 1880

Kathis Klang
I^iAN

Prohibited

from

Receiving

Zakat

Sites
Irrigation
.. .. .. .

Sel. 22 .Pk.
16

of 1909 of 1905

Labour

Code

6 of 1912

II

332

Labourers'
Indian Land

Protection,

Netherlands

Legal
Legal

Tender Tender

(Supplementary)
Public

Liabilities,
Libel
Lights Limitation
and

Servants..

Small

Shipping
. .

Loan

and

Inscribed

Stock,

General

Loan,
Loans

War

Fund,

Planters' Security

Loans, Loans,
Lunacy

Government Usurious..

Lunatics,

Reception

(not

yet

in

force)

Machinery
Malaria Malay

Prevention
Reservations

(not
, .

yet

in

force)

Mangeuvres, Marks,

Military
. .

Merchandise

Marriage,
Marriage,
Marriage

Christian Foreign Registration Weights Registration

. .

Notice

Measures,
Medical Merchandise Metal Methodist
corporation

and

Marks

Industry,

Non-ferrous Location

Episcopal

Board,

In

Military
Mineral

Manceuvres

Ores

Xll

INDEX

OF

SHORT

TITLES.

Short

title.

No. of

and

Year.

Vol.

Page.

Registration

and

Survey

Steam

Vessels Pk.
10 of 1893 I I I III I I III 604 727 436 64 723 731 125

Regulations

for

Headmen
. .

Pg.

1 of 1890 1903

Relief,
Reserve

Specific
Force
and

Civil

Guard N.S.

21

of 1915

Rice,

Cultivation Cultivation
Lands
of
. . . . . .

3 of 1917 11 of 1897 1917

Rice,
Rice Rights

Pg.
for

2 of Holders
..

of

Agreements
..

IjEASES
..

""

..

Sel. 1 of 1892 Pk. 3 of 1915

3 of 1888 1 of 1893 5 of 1919

I I I I III

659 632 589

River Royal Royal Rubber

Rights Family Family Dealers

cannot cannot
be be

sued
sued

for for

Debt
Debt

Pk.

729
64-3

Sale

of

Food

and

Drugs
. . . . . . . .

9 of 1913
1905

II I I III II I I I I I I I I I

473 514 457 107 593 634 658 709 751 554 115 617 674 718 677 420 312 112 513 626 436 48 653 114 604 622

Sales, Auction Salvage,

Sanitary Savings School School School School Collision
Boards

and
. . . . . .

2 of 1913 13
. , . . . . . ,

of 1916 of 1914

Bank
. . . . . . . . . .

17

Attendance
. . . . . . . .

Pk. Sel.
. . . . . . . .

2 of 1916 5 of 1891 3 of 1900 7 of 1908 1908

Attendance Attendance
. . . . . .

N.S.
. . . . . . . .

Attendance Reformatory
. .

Pg.

Schools,
Secretary Secretary Secretary Secretary Seditious

for
to

Chinese Resident
Resident

Affairs Pk.
10

1899

of 1901

to to

Sel. 10 of 1901 N.S.

12 27

Resident

of 1903
of 1919 1902

Publications
Lights
.

(Prohibition
Small
. .

III
I III I II II I I III I I I

Shipping,
Silt Small

and

(Control)
Offences

26
. . .

of 1917
1898

Societies
. .

20 Advocates
. .

of 1913 of 1914
1903 1897

Solicitors,
Specific Stamp

and

22

Relief

Statistics,
Statutory Steam Stolen Stolen

Bureau

of

Oof
. .

1919 1899

Declarations

Vessels,
Property Property

Registration

and

Survey

Pk.

10 18

of

1893

Pk.
and

of 1902

Habitual

Criminals Sel. 15 of 1902

I 679

Stolen

Property

and

Habitual

Criminals N.S.
11

of 1902

716

INDEX

OF

SHORT

TITLES.
No. and Year. Vol

XUl

Short

title.
and

Page.
744 729 635

Stolen

Property
to

Habitual
of
..

Criminals
. . .

Subjection Sultan Sultan

Trust Idris

Chief
Estate

District
.. ..

Pg. .Pg.

16

of 1902

I I I

5 of 1891 2 of 1917

..Pk.
and

Idris

Religious

Charitable Pk.
3 of 1917 1 of 22
. .

I I III I

637 762

Sultanate Supervision Syed

Lands
of

Pg.
Alien

1919

Missionaries
Resumption

of 1917

292
754

Hassan's

Concession

Pg.

1 of 1912

Tai

Wa

Fund

1 of 1902 5 of 1911
.. .. .. ..

I II I II II II

675 50 505 470 3 191

Telegram Telegraphs

Copyright
. . . . . . . . . .

1905
. .

Telegraphy,
Theatres

Wireless
. . . . . .

7 of 1913 2 of 1910
of
. . . . . .

Titles, Registration
Titular

13 of 1911

Roman

Catholic
. .

Bishop
. .

of

Malacca,
16
. . . .

Incorporation Town Traction Improvement

. . . . . . . .

of 1915 of 1917 of 1912

.

III
III II

56 295 435 564 574 590 402 730 759

23
and

Engines

Motor
. . . .

Cars..
.. . . . .

20
.

Trades,
Transfer Treasure Treaties

Dangerous
of

1909

I II
I II III I

Prisoners

to

the

Colony
.

4 of 1914
.

Trove
and

Pk.

15

of 1888

Agreements,

Validation
. .

8 of 1912 19

Trustee Turtle
Eggs

of 1920

Pg.

3 of 1915

Usurious

Loans
.

12

of 1919

III

663

Vaccination Vaccination Vaccination Vaccination

Vagrants, Validation, Validation, Validation,

Vehicles
.

Decrepit Inventions Registration Treaties

.

of
and

Titles

Agreements

Victoria ViCTORL\ Victoria Victory Village Volunteer

Institution Institution Institution

Loan

Reserve

Sites
.

War War

Loan Loans Investment

Trust
of

XIV

INDEX

OF

SHORT

TITLES.

Short

title.

War

Savings
Hyacinth

Certificates

Water Water Waters Waterworks Weights Widows' Wild Wireless Women

Supply,

Districts

and

Measures

and

Orphans'

Pension

Animals

and

Birds,

Protection

Telegraphy
. .

and

Girls,

Protection

FEDERAL

LAWS

UNREPEALED

ON

THE

31ST

DECEMBER,

1920.

PART

11.

ni"

ENACTMENT

NO.

OF

1915.

An

Enactment

to

impose
Areas.

an

Education

Eate

within

Sanitary
Arthur

Board

Young,
President

[1st

June, June,

1915.

of

the

Federal

Council.

18th

1915.]

It

is

hereby
as

enacted follows
:
"

by

the

Rulers

of

the

Federated

Malay

States

in

Council

1.

This

Enactment

may

be

cited
come

as

"The force
on

Education the

Rate

short

title

and

Enactment,
thereof
in

1915,"
the Gazette.

and

shall

into

publication

m^t!^"'^^

2.

In
"

this

Enactment and the

"

the

expressions
"

"

owner,"

"

Sanitary assigned

Board thereto

interpretation,

area,"

house,"
in

building

have

the

meanings

respectively
3. An annual

Sanitary
for States the

Boards

Enactments,

1907.

rate

general
be

purposes

of
as

education from the

within
1st

the of

Annual ^''""^*'"'^-

rate

for

Federated

Malay
1916,
upon

shall

imposed
and

day
within of such

January,
any

all
area

lands,
and

houses,
shall
be

buildings by
the

situated
owners

Sanitary
houses,
demand

Board and
in

payable

lands,
without

buildings
the

by

half-yearly
of

instalments and

in in

advance
year.

months

January
the

July
rate

each

4.
rate

The

said
one

rate centum

shall of
it

be the

called annual

education
value

and

shall

be and
every

Amount

and

of

per
on

of

the

lands,
collected control

houses,
in

rate?

buildings Sanitary
and

which
area

is the

imposed Sanitary

and

shall Board Boards

be

Board

by
of

having

thereof

the
to

provisions
the

the

Sanitary
of
the

Enactments,
value of of

1907, houses,
due
recovery

relating
and the
the

ascertainment

annual and

lands,
rates

buildings
said
rate

and

to

the shall

assessment

recovery assessment

under of

Enactments

apply
Enactment.

to

the

and

imposed

by

this

5. the

All

moneys

received and
the
to

under shall be

this devoted

Enactment

shall
to

be

paid

into of
as

Disposal

of

public

Treasury
within

solely
States
in
to

the
manner

purposes

rate.^^

education Chief

Federated

Malay
may

such
time

the

Secretary

Government

from

time

direct.

ENACTMENT

NO.

OF

1915.

A3

amended

by

E.

22

of

1915,

23

of
11

1916,
of

of

1917,

24

of

1917,

38

of

1918,

and

1920.

An

Enactment
"

to

repeal

and

re-enact

with

amendments the law

to

The

Excise the

Enactments,
Excise.

1908/'

being

regulate
Arthur

Young,
President

[1st June,
the Federal Council.
1st

1915.

of

July, Malay

1915.]

It

is

hereby
as

enacted follows
:
"

by

the

Rulers

of the

Federated

States

in

Council
Short
commence-

title,

1.

(i)

This

Enactment shall
the the and rent
come

may

be

cited

"

as

The first

Excise

Enactment,

ment, and
repeal.

1915,"

and

into
into

force force shall

upon

the

day

of the

July,

1915.

(ii) Upon specified

warehouse in

coming
rules

of this be

Enactment

Enactments that
all

schedule

appointments rights
Enactment

made,

excise

repealed ; provided duties imposed, licenses

Boards functions
were

issued,
exclusive

prescribed,
and

Licensing
of which

established,
effected force
or

granted,

delegation repealed
the
commencement

under had

any

hereby
prior
are

in

authority
shall,
this ment, Enactso

immediately
far
as

to

of this with the

Enactment

they
be

not to

inconsistent

deemed

have
and

been effected this

made,
under

provisions issued, imposed,

this and Enactment. of

of

prescribed,

established,
Interpretation.

granted,
purposes

2. and
there

For

the
to

of

Enactment
the in the

rules, notifications,
terms

orders be

be

made

thereunder

following subject
or :

shall,
have

unless

something hereby

repugnant

context,

the

meanings
"Beer"

assigned
ale,
malt
;
means

to

them

respectively
porter,
and

includes made from

stout,

all. other

fermented

liquors
"Chief Federated
"

Secretary" Malay
"

the

Chief

Secretary
vehicle

to

Government,

States
means

Conveyance
Denatured human
"

any

ship, boat,
and

or

"

means

effectually
;

permanently

rendered

unfit

for
"

consumption
"

Gallon

means

the
or

imperial
twelve
"

gallon

or

the bottles fit

gantang,
;
or

or

six

reputed
"

quart

bottles

reputed
all

pint

Intoxicating
under the

liquors

includes medicated

liquors
wines
not to

intended

for

E.

38

of

1918.

human

consumption,

except

declared be

by

the

Chief

Secretary for

provisions

of Section

2a

intoxicating liquors

the purposes

of

this Enactment.

No.

OF

1915.

DISTILLATION
Licenses distil
or

AND
shall in any

MANUFACTURE State distil or

OF

LIQUORS.
any liquor provisions distillery,

to
facture manu-

liquors.

other
of
a

5. (i) No than

person

manufacture with and

the at the

toddy except under and in accordance of such State license issued by the Resident place of distillation
license
or

factory,or
Such (ii) and
time

manufacture
at the
as

in specified

the license. Resident

time
to

shall be issued such

discretion

of the

shall be

subject to
shall be

conditions

may

be fixed from

by

the Chief

Secretary. charged
than have for such
case.

There (iii) determined

No to
or

license

an

annual

fee to

be

by

the Resident other

or

in each

person
a a

6. (i) No
licensee still ratus. appa-

person

the holder
in his

of

license under

Section

5
or

except

keep
other

shall other

knowingly keep possession any or manufacturing liquors. apparatus for distilling

owner

utensil, still,

(ii)The
which have
No

and

the
or

any in his

still, utensil,

liquors is found possessionthe

premises upon or facturing manudistilling to kno\\ingly keep or shall be deemed until the contrary be proved. same occupier
other
or

of any

land for

apparatus

liquor to
from

be
a

removed

distillery except allowed as by

role.

liquor shall in any State factory,or place of distillation or

issued from under Section
5

7. No

be

removed

from

any

distillery,
a

manufacture

in specified

license
as

except

in accordance

with

such

rules

the

Resident
time

of such

State may, make. to time of

a

with

the

approval

of the Chief

Secretary, permit
the

Power

to enter and take

8. The the Chief

in that

holder

license under and

any

Section

5 shall at all times

licensed premises

Officer of Excise
in

officer of Government Resident

on

authorized wherein and

samples.

behalf

writing by
situate

the
to

of the

State

licensed observe

premises are

enter

the licensed

all processes of distillation and manufacture and to take for examination denaturing of spirits materials
Power rules to make for tilleries disand factories.

to premises of liquorsand samples of any

used

therein. of
a

9. The

Resident

State State form

may,

with

the

Secretary,make
(a) To
to

for such

rules for the

in

approval of the following purposes

a

Chief
:

prescribe the
distil
or

which

an

application for
;

license

manufacture form

shall be made
in which

{b) To
(c) To
To (r/)
or

prescribethe
manufacturer

such

license shall be issued

the books prcscril)c and hours

may

and
the

to be registers
returns to

kept by

the distiller

be submitted distillation
or

by

him

regulate
may may

the
or

during
not

which

facture manu-

take the

be

removed
or

from

place and at which liquors factory,or place of distillery, duty

in
or

distillation

manufacture
manner

(e) To

regulate the
the

in which
to

shall be
from

revenue safeguard liquors distilled or manufactured factories, or places of distillation

be

derived

the

paid and to duty upon

distilleries,
;

licensed

manufacture

(/)To

regulate
and distillation

the

erection,

ment, inspection,supervision, manage-

control
or

of distilleries, factories, and places for manufacture the of liquors and fittings,

implements,

and

apparatus

to

be

maintained

therein

EXCISE.

(g) To
as

prescribe what
the Resident

accommodation
free deem

the

distiller

or

facturer manu-

shall furnish
may

of cost
to

for such

officers of excise for the control

be necessary

of the

or distillery factory ;

(h) To prescribethe procedure

are

to

be observed

when
customs

applications
stores in connection
or

received

to

denature
to fix the

liquors
fees to be

in

warehouses therewith.

and

charged

contained shall apply to any Nothing in this Enactment or by a chemist by a duly qualifiedmedical practitioner The and Deleterious Drugs Enactment, druggist licensed under scientific be proved to be for genuine medicinal or 1911/' which may distillation
"

10.

Exemptions.

purposes

or

to

any

distillation

of essential

oils.

STORAGE 11. The Resident of

a

OF State

DUTIABLE
may,

LIQUORS.
with the

Secretary, establish public warehouses posited and kept Avithout pajmaent of

from
time
to

wherein
excise

approval of the Chief PubUc be deliquors may duty and may prescribe
"^^'

ware-

time

the

amount may

to

be

paid
rules

as

warehouse

rent

on

any

liquor so deposited custody, and removal

12.

and of

make

to

regulate
such time be to

the

deposit,
grant
Licenses ^""^""^^for

liquorsin
of
a

and
may

from from

warehouses.
time

(i) The

Resident

State

licenses for

warehousing
at the any

in such

State, in places to

in the specified

licenses,locallymanufactured (ii)It shall be such license, and

and such

liquorsliable
license

to

excise to

duty.
grant
may
or

discretion

of the Resident

refuse

subject to by

such

granted specialconditions as the charged

store
or

shall be for such Resident

an

period
be

direct. fee to

There (iii) determined 13. No

shall be

for such
case.

license

annual

the Resident shall

in each

possession or Dutiable liquors has not been paid hous^ed'''^^ duty, licensed warehouse except ; provided that it shall not be an offence for any person licensed to distil or manufacture liquors in his possession upon to have the licensed premises liquorsdistilled manufactured and such premises subject to such restrictions in or on
person
or

keep

have

in his

control

any in a

liquoron public or

which

the

excise

if any,

accordance the

with

such

rules

as

the

Resident
time

of the
to

State

may,

with

approval
The
a

of the Chief of
a

Secretary,from
State
may

time

make.
storage
of im-

14.

Resident licensed
he may

authorize

the

storage of imported
conditions
and
to

liquors in
such 15. fee No
as

warehouse,
think
be

fit to

subject to such impose in each case.

or

Ei*Hcensed"""
warehouses.

liquors shall
except
may,

deposited in,
with

removed
rules
as

from,
the

licensed
of time

Deposit

and

warehouse,
the State
to time

in accordance

such

Resident

u^ora.^"*

with

the

approval

of the Chief

Secretary,from

make. No

16.

for export to
the

liquorsshall be removed the a place without

any,

from

licensed

warehouse, except
after

No

removal

oi

Federated
been

duty, if
17o The

thereon
of
a

shall have State

may,

Malay States, untU paid

the

has'beln "uty
paWPower to make

Resident
rules

with

approval
:

of the Chief

Secretary,make

for the

followingpurposes

wi^hous^sf'^^

8 (a) To

No.

6
in

OF

1915.
the conditions upon the which

prescribe the applications

"

form

and

(1) for

Hcense

for

warehouse

for

storage of
for the

liquors; the for opening of a licensed warehouse (2) deposit of liquors therein ; liquors from (3) for permission to remove
warehouse shall be made and
;

licensed

may in

be

granted
the

(b) To

prescribe the
(2) permits
shall be issued

form

and

conditions

upon

which

"

(1) licenses for warehouses

to ;
remove

for the from

storage of liquors;
a

liquors
;

licensed

house ware-

and

granted
and

(c) To (d) To

prescribe the
returns to

books

registersto
the licensee

be

kept
any

and

the
;

be submitted

by
not

of any which

warehouse licensed
or

regulate the
warehouse removal of
may

days
or

and
may

hours

be

during opened

for the

deposit

liquors.
SALE OF
a

11 of 1920.

LIQUORS.
may

Appointment
of Ijicensing Boards.

18. he may

(i) The
State
deem

Resident
or

of

State Boards

establish
areas

Licensing
in such

Board
as

for such

Licensing

for such

State

fit. Board shall consist

two
or more

Each (ii) and

not

of than

Chairman five other

and

Vice-Chairman all of whom

less than

members,

shall be

appointed by
as

the

Resident.

provided by Section any intoxicating liquorshall be issued approval of such Board. Except (iii)
Hetail sale to

21,
or

no

license for the

sale of the

transferred

except with

19.

(i) No

person of the under

shall sell

by
for

retail

or

offer for sale

on

be licensed.

liquors, whether intoxicating

the

consumption
and
in
a

the

by retail any premises or off

with
a

premises
issued

vendor,
this the

except under
and
sale of beer

in accordance in such

license

Enactment the vendor

specified ; provided that the premises of than on

under this section.

for

place consumption
constitute

license offence

elsewhere
an

shall not

delivery of intoxicatingliquor in less quantitiesthan six gallons if not sold in bottles, or the reputed equivalent thereof if ment in any proceeding under this Enactsold in bottles, shall be taken of sale by retail and that money to be primd facie evidence or other consideration was given for the same.
(ii)The
Sale

by

wliole-

19a. wholesale
a

(i)No
any

sale to be licensed. ".11 of 1920.

shall sell by wholesale, or person intoxicating liquors except under and under this Enactment.

offer for

sale

hy

in accordance

with

license

issued

six

in quantities The delivery of and exceeding ofintoxicating liquor (ii) to he gallons shall be taken in any proceeding under this Enactment other that money or and primd facie evidence of sale by wholesale consideration was given for the same.

EXCISE.

20.
issue

(i) The
or

Licensing

Board
as

shall have follows

:

authority by
retail of

to

direct

the

Powers hi

of

transfer

of licenses

of'*'^' rSpecf

licenses, for the (a) Retail-shoi) other than toddy or liquors, elsewhere than consumption where sold they are ;

sale

intoxicating
wines, for
at

'''^"'^^^^e. ssofiais.

declared
on

medicated

the

premises or
retail

the

place

(6) Public-house

licenses, for the

than
on or

sale

by
at

of

intoxicating
wines,
where
for

liquors, other

consumption
are

toddy the premises

the

declared
or

medicated
the

place

they

sold ; sale

(c)Toddy-shop licenses, for consumption either on or {d) Chemists'

wines
or

off the

by retail of toddy for premises where it is sold ;

than
on

licenses, for the sale by retail of declared medicated

for the

at

consumption place where

licenses

elsewhere

they
be
"The

are

sold ;

premises provided that

chemists and

the

chemists'

shall under

issued

only

to

druggists licensed
1911
"

Deleterious

Drugs of

ment, Enact-

(e) Wholesale dealers' licenses for the sale by wholesale eating liquors.
and with ho license issued the
consent

intoxi-

e.

of 1920.

under

this section

of the

Licensing
may,

Board

shall be transferable, except and on pajmaent of the

prescribed fee.
The (ii)
or

Licensing Board
of any
on

in their

transfer

license under

this section
may

discretion,subject the issue to such conditions, to be

fit to
or

endorsed refuse cancel

the

license, as
transfer

they

think

the issue
any

such

of any such or license at any time.

license,

may

impose, or may suspend or

(iii) Any
or

aggrieved by the issue, person cancellation of a license under this

in person

transfer, refusal, suspension, section shall,if he so

in any Court

desire, be heard
20a. recovery No

by

the

Licensing Board. for the

Action not

action shall he
sum

of any

brovght or maintained of money being the priceof

t^r^pvtceS^^
of a public-housecredit.^"''^
""

liquor or toddy sold by (a) intoxicating or toddy-shop license ; or

the holder

e. 23ofi9i6 and

(6) intoxicating liquor or declared medicated wine sold at any one time by the holder of a retail-shop chemist's license in any or quantityless than one dozen reputedquart bottles or two dozen reputed pint bottles or two gallonswhen not sold in bottles ; provided always that nothing in this section contained shall extend to with a lodgerin ivhich prevent any innkeeper from keeping an account be included and charge for liquor may any recoveringthe amount in a Court. thereof
21.

ssotiois.

(i) The

Resident from the

of
time

State
to time

may

after consultation deed

to

with
vest

the
in

Exclusive

right

by grant in this right,subject to the limitations Enactment license for contained, of sellingtoddy by retail under with without within such State period, or or any specialconditions,
any person

Licensing

Board

and

underuie^e^.^

exclusive

within

such

districts

or

localities thereof

as

may

in the

said deed

be

10

No.
after
no

OF

1915.
or

specifiedand provided that

sale, either

public

private, of

such

right ;

in whom such right is vested shall be person than to entitled to the issue of any toddy-shop license otherwise of the himself or to such person nominated by him as the Resident may

State

place as
as

approve the Resident

or

otherwise of the State

than
may
to

for such
approve. any person
to

house, shop, or
in whom

other

(ii)A toddy-shop
aforesaid
is

license

issued be

such

right

vested

shall

subject
time
to

the

provisions
in force

of this

Enactment

and

of all rules from

time

thereunder

relatingto toddy-shop licenses and toddy-shops ; provided that in place in respect whereof such right as aforesaid is vested in any any the functions and 20 and by rules assigned by Sections 18 (iii) person in respect of toddy to the this Enactment under Licensing Board but to the shop licenses shall appertain not to the Licensing Board of the State ; and Resident provided further that the issue of a toddy-shop license shall not be refused in breach of any such right aforesaid nor shall a toddy-shop license be suspended or cancelled as in breach of such right.
The (iii)
in

Resident

of

State
to
to
a a

may

from

time
or

to time any

by

notification functions

the

Gazette

delegate
of

any

officer all

of the

assigned by
Power and to enter take

this section memher

the proper

Resident.

21a. such
area

Any
or

Licensing Board
or

for
at

any

area

being within
times enter

samples.
E. 23 of 1916.

officer of excise may

all reasonable

into and

inspect any place where, stop and examine any vehicle in there is which he has reasonable ivhich, ground for believing any toddy
to

be intended

for sale and

may

take

samples of

such

toddy

on

ment pay-

or

in possession of the same tender to the person to his servant or or of ten cents for every reputed quart of toddy so taken. agent of the sum

Possession certain

of of

21b.

(i)No

person

to

kinds

toddy

prohibited.
E. 23 of 1916.

transferred under the possession any toddy which

alcohol

toddy-shop license provisionsof this Enactment

a

whom

has

been

issued
in

or

shall have
ten

his

contains has acid.

any
to
an

more

than

per

centum

of

by volume expressedin terms (ii) Any

conviction
more

or

which

acidityexceeding 0'8 of
the

per

centum

of acetic
who

person

contravenes

sub-section

shall be deemed
a

commit

be liable to

finewhich
dollars.

shall not

be

provisionsof the preceding offenceand shall on less than fifty dollars nor
an

than 22.

fivehundred
person

Licensee render

to account

Every
on

licensed

under

Section

20

or

Section

21

shall

"

of stock, to permit

(i)

inspection,
and
to

exliibit

in

license.

by the proper officer of excise render an account writing of the quantity and descriptionof intoxicating liquorsin his possession, custody, or control ;
officer of excise stored
at

demand

(ii)permit the proper

which hours such

to

enter

the

premises
between

in

of six in the
same

liquors are morning

;

and

any six in

time

the and

the

evening

inspect the
exhibit (iii) the
Licensee not to or

liislicense at

all times

in

conspicuous place
or

upon

licensed

premises.
under Section absence
20

23. has

No
on

person

licensed

Section

21

shall

store

keep dutiable

liquors on premises.

keep
not

his licensed

i)remisesany
in the

been

paid, and

liquor upon of proof to

which the

the

duty

contrary any

EXCISE.

11
not

liquors upon premises shall

24. No

which
be

duty presumed to
a

the

has

been
or

be stored

paid kept by
license

found such
to

on

such

licensee.
unlicensed
exwwt

holding a by retail consumption on the premises shall exhibit which or keep up any sign,writing,painting, or other mark may that his premises are to beheve cause so imply or give reasonable
person

except

person

sell

intoxicatingliquors for

3?gn*!"

liconsGci

IMPORTATION 25. States

OF

TOBACCO. into the Federated

(i)No

person

shall

otherwise with
a

than

import through the

any

tobacco
Post

Malay
and
in

importation

of

Officeexcept

under

^^ nJensed.*" e. 22 of I9i5.

accordance In (ii) tobacco such

license issued

under

this Enactment.
person

proceedings against
license
was

charged with
that tobacco

without

the burdeti

of proof

importing imported by
to

duly person imported shall be upon

26.
m,ay
as

authorized such

by

license under

this Enactment

be

person.

(i)Licenses

to

import
State
or

tobacco within

into the Federated

any
area

be issued

in each

the Resident

of such
in any
no

State may

appoint in

Malay States issue and uc^^^^.**^ of a by such officer that behalf. e. 22 of 1915.
State

(ii)Whenever
district
to (i)

issue

administrative district or part of an trative adminisis for the time being empowered under section subofficer liceiisesto import tobacco,such licenses may be issued

by

the District Officer. No (iii) license to

the consent license have 27. been

of an paid.
Federated

shall be

import tobacco shall be transferable except and no officer empowered to issue such licenses, issued or transferreduntil the prescribedfee
to

with such shall

(i)Any

into the

officer empowered Malay States

to

issue
may,

licenses
in

to

import

tobacco
to

Powers

of

his

discretion, refuse

officeref
^22 of 1915.

issue, or
or

to consent

cancel any such of a breach of any into the Federated

the transferof, any such license and may license the holder whereof shall have been written law

suspend
convicted tobacco

relatingto

the

importation of

Malay
a

States.

(ii) Any
or

person

aggrieved by the issue,transfer, refusal, suspension,

license under decision
person

cancellation

of

this section

may

appeal to

tJieBesident

of the State, whose

28.

shall be

final.

licensed under Section 26 to import tobacco Licensee to by the proper officer of excise render an account To''permit"' in writing,extending over such period as the proper officer of excise inspection, and require, of the quantity and description of tobacco may imported lice^nse". by him and of the quantity and e. 22 of 1915. sold otherwise or description disposed of. shall
on

(i) Every
demand

'

Every (ii)

person

licensed proper hours

under

Section

26 to

shall

(a) permit the

between

officer of excise of six

in

enter, at
and
the and

morning in evening,the premises wherein any tobacco control of such licensee is stored custody, or
the
same

the

the

time any six in the

possession, to inspect

(6) produce
books

for the
of

account

inspection of kept by

the him

all officer of excise proper the in connection with

licensed

business.

12
Licensee not to
on

No.

OF

1915.
26 shall have in his

29.
any

Noperson
upon

licensed which

under
any

Section

keep
which

tobacco

duty

tobacco

import duty payable

has not

possession been paid.

unpaid.
E. 22 of 1915.

RULES
to make Power rules to regulate issue of licenses

RELATING
of
a

TO
may, -with

LICENSES. the

30.

The

Resident
rules

State

approval
:

of the

Chief

Secretary,make

for the

following purposes

by Licensing
Boards. E. 22 of 1915.

(a) To regulatethe proceedings of Licensing Boards and ofofficers licenses this to empoivered to use import tobacco under
Enactment and
the issue

of licenses

by

their

authority ;
licenses
;

ih) To prescribethe
shall be made

form and

in which in

applicationsfor such
such licenses

which

shaU
issue

be issued
or

(c) To

fix the of such

may be

fees which licenses

issued
;

shall be
and

the

charged periods for

for the

transfer
licenses

which

such

{d) To
(e) To

prohibit sales prohibit the

any

except for cash

admixture deemed
to
or

with be

substance

any noxious

intoxicatingliquors of or objectionable;

(/)To

prohibit
any

drunkenness

licensed
of bad

premises
character and

and
in

persons To {())

in or near disorderly conduct the meeting or remaining of such premises ;

prescribe the days

premises
the
may

closing of

during which any licensed and to provide for not be kept open or may such occasions premises on special ;
hours
in

[h) To

of the premises prescribe the nature the be sold and intoxicating liquors may exposed at such premises ;

which
to

any

notices

be

To (?")

prescribe
returns

the

to

be
to

submitted

E.

2lof

191G.

thereof, and
accounts.
'

to be kept and accounts by license holders and the provide for the inspectionof such books

books

and

the

form and

E. 23 of 1916.

(j)to

and freedom from contamination of of its drawing, storage, carriage, exposure sale and to secure the cleanliness of for sale,or delivery upon places, receptacles, appliances, and vehicles used in such drawing, storage, carriage, for sale,or delivery exposure upon
secure

the cleanliness the

course

toddy in

sale ;

and

(k)

to

prescribefines not
breach
a

exceeding five htmdred

under
case

dollars
to

of

any

ride made

this section and rule.

penalty,which in no dollars,for the breach of any fifty

minimum

shall exceed

for the prescribe a fineof

such

PENALTIES,
Forfeiture
to

FORFEITURES,
or

GENERAL. within
manner

of excise

31.

If any
States the
not

liquorsdistilled
shall be found ofhcers of excise
same

manufactured
in any

the Federated calculated of such

to

liciuore packed
deceive ofTicen.

Malay
deceive

packed
so

that

proper

account

liquors
thing every-

might

be

taken, the

shall be forfeited

together with

packed therewith.

14
delivered
as

No.
to
see

OF

1915.
upon such
terms

the

proprietorthereof
who
to

and

conditions

he may 36.

fit.
person

Penalty

for of

Every
into

evading provisions
Enactment.

(a) shall contrary

receive provisions of this Enactment control or possession,custody, or any liquors on which the excise duty leviable by law shall not be proved to have been paid or which have been illegally made or prepared, or

the

have

in

his

(6) shall
or or

assist

or

be

withdrawal

place

for

any

licensed

liquors may
cause or

removal illegal distillery, factory, any any or distilling manufacturing liquor or from warehouse or place of security in which been have deposited, or
of

otherwise

concerned

in the

liquors from

(c) shall knowingly harbour, keep

procure to the

or

conceal

or

permit, suffer,
concealed any

be

harboured,

kej^t or

been paid liquors on duty removed hands to whose or or or liquors illegally any or possession any such liquors shall knowingly come,
excise in convepng, (d) shall be in any way knowingly concerned in removing, depositing,concealing,or deahng any manner with ment intent such liquors with the Governto defraud any of the Federated Malay States of any excise duty thereon to evade or prohibition or restriction of or any applicable to such liquors,or

which

shall not

have

(e) shall be
evasion shall
in

in
or

any

way

knowingly
at

concerned of any

attempt

evasion

in any fraudulent excise duty,

each with

and
a

punished
value

of the foregoing cases be on conviction every the be less than fine which three times shall not the

of the

liquor and
person

duty

and

which

may

extend

to

three

thousand
Penalty for asf^aulting or obstructing
oflBcers.

dollars. who
or

37. Every

(") shall assault

servant
or

obstruct

any

officer of excise of him

* *

or or

other them

employed
E. 22 of 1916.

acting in aid person for the prevention of evasion

any
or or

of excise

public duly duty or of

or

illicitmanufacture of his tobacco law

or

sale of
in the

their

duty

* in the execution liquors due seizingof any liquorsor

liable to forfeiture the excise,

under
or rescue

this

or

any

other

written

relatingto
rescue or

(6) shall
any

endeavour tobacco

to

or

cause

to

be

rescued
or

liquors or
or

which

have

been
or

duly seized,
othe^^vise

(c) shall before

after seizure

stave, break,

destroy
the

cask, bottle, jar,case, or other package to any seizure the securing of the same, thereof or sliall, on
conviction of any

prevent

of the

said offences, for the

first offence

be

not punished by imprisonment of either description for a term dollars thousand fine not one exceeding nine months or exceeding by or by both imprisonment and fine and for every subsequent offence be punished by imprisonment of either description for a term not and be also liable to a fine not exceeding exceeding eighteen months

two

thousand

dollars.

EXCISE.

15
Penalty
for

38.
or

Every
or

omission
to

attempted

of any restrictions and

ment
or

neglect to comply with, and every act done be done contrary to, the provisions of this Enactin breach of the thereunder or rule duly made license which conditions subject to or upon any
or

lthe^^e"^
provided for.

permit
to not to

shall be
an

have

been

issued

under

this

Enactment and

shall

be

deemed

offence

against this Enactment,

of any
to
a

offence,
addition
for

otherwise
first

provided for, the especially

offence fine not

for every such offender shall, in

on

the forfeiture

articles seized, be liable

tion convic-

every

dollars

for every descriptionfor a term and

one

exceeding
39.
ment

thousand
person

of either subsequent offence to to months fine not twelve or a not exceeding dollars or to both imprisonment and fine. shall under
or

exceeding five imprisonment

hundred

Everv
dehver

who

the

provisions of this

Enact-

Penalty for

account,or
any

other

application any ^vritten statement

thereunder
or

rule

duly
in

made

supply any particulars,return, retumf or by required by this Enactment shall, if such application, particulars,
be false person
or

return, whole
or

account,

written

statement

incorrect
so

either

in

making, dehverthe whether be the same signed by him or or same, suppljdng ing, of either the first offence to for description liable be imprisonment not, to a fine not exceeding not exceeding three months or for any term to both dollars thousand or imprisonment and fine and for one offence to imprisonment of either descriptionfor subsequent every to a fine not months twelve or term not exceeding exceeding any and fine. both to thousand dollars or two imprisonment
part
to

the

knowledge

of the

for breach of a provisionof this Etiact- Analyst's of analysispurporting to be ^imdfacie" a certificate ment or evidence. under the hand of an Analyst shall, on production thereof by the ^"24ofi9i7. therein unless the stated the evidence of facts prosecutor, be sufficient that the Analyst be called as a witness, in which case defendantrequires to the prosecutor not less than three clear days he shall give notice thereof is returnable. before the day on which the summons
39a.

(i)In of any

any

'prosecution

rule thereunder

of analysis purporting to be under certificate the hand by the defendant, of an Analyst shall, on production thereof evidence be sufficient of the facts stated therein unless the prosecutor that the Analyst be called as a witness. requires
In (ii)

like

manner

A (iii)

copy
at

of such
and
terms
are

last-mentioned

prosecutor

least three clear

of the summons, hearing on such

if it
as

is

shall be sent to the certificate days beforethe day fixedfor the hearing the Court sent not so adjourn the may think
proper.

it may

by this (iv)Analysts under of analysis certificates

(v)
In

Enactment their hands.

" "

bound

to

state

the

truth

in

this section
persons

(a) the

Chemist and

Analyst includes 07ily Assistant the time being as Chemist or for employed Institute for Medical at the Government Research,
the word

(") any

the

be declared this section may Analyst to whom in Chief Secretary to Government, by notification Gazette, to apply. other Resident officer
or

by
the

40. fit to

The
any

of

State

may

offer such

rewards
means

as

he may

see

Rewards.

other

person

by

whose

any

pecuniary

16

No.
under

OF

1915.
and
or

penalty is recovered
in

this Enactment made this

may any

order other the

to be

paid
law such

under seizure any to the excise to the person or relating

respect of
as

wTitten
same

persons

making

reward
Power of iicens-

he may

see

fit.
or

41.

(i) The

i^pTnd
or

*^^^

^^^^ Enactment

authority granting any license,permit, suspend or cancel it may

"

pass

under

(a) if

any

duty
;
or

or

fee

payable by
breach

the holder

thereof

be not

duly

paid (") in
the with
or or

event
or

of any pass,
or

by

the

holder
or

of such anyone his on

license,

permit,
any

by
or or

his servants

by

acting

his

expressed
terms
or

implied permission
conditions of such

of the
;

behalf, license,permit,
under
in

pass

(c) if

the

holder

thereof
or revenue

is convicted

of

any

offence
time

this force

Enactment

any

other
or

law

for the

being

relatingto
E. 38 of 1918.

offence,
31

or

is

of
a

"

The

cognizable and non-bailable offence referred to in Section punished Customs Regulations Enactments, 1907."
for any

of any

When (ii)
under

license, permit, or pass

,

sub-section

licence, permit, or
or

under

any
or

other under holder

or

the excise
The (iii)

held by any person is cancelled cancel other (i) the licensingauthority may any to such under this Enactment granted pass person written law for the time being in force relating to The Opium and Chandu Enactment, 1910."
"

shall

not

be
of

entitled

to

any

compensation
pass in

for

the

cancellation
nor

suspension
of any

this section thereof.

Licensees may

to refund

his license,permit, or fee paid or deposit made

under

respect

42.
the

The

authority may licensing

of
any

require, as
the
may

to enteXto*^***
recognizances,

issue

license, that
such

rccognizauces with
observance 43. In the
case

security as
of the
or

precedent into applicant shall enter be thought fit for the due
a

condition

of the conditions of the

may

license.

Provisions
case

in
or

death

bankruptcy
on

of. any

licensee

the

of death

bankruptcy
licensee.

of

licensingauthority
any other

by

endorsement the

the

license

authorize

person

to

exercise

the
any

expiration of the term for shorter period,subject to

by such license and deem authority may

Power rules. to make

rightsconferred by the license until it was originally granted, or for all the conditions originally imposed to such further conditions the licensing as fit to impose.
which
a

44.

The

Resident
for

of

State

may,

with

the
not

approval
inconsistent duties

of the Chief
with

Secretary, make
Enactment,
collection
and
to

such

State

rules,

this the of

regulate the
duties

conduct

of all matters
and

relatingto
to

of excise

and

the powers

be

exercised

performed by officers of excise and generallyfor giving effect to the provisionsof this Enactment.
Convictions
under laws. other

the

purpose

Nothing in this Enactment the prosecution,conviction according to the provisions of any force in the Federated Malay States for the same than once punished more
prevent

45.

contained and

shall for the that

no

be

deemed

to

punishment
law
so

other
;

of any time person

being

person in

but

shall be

offence.

EXCISE.

17
this Enactment First be had may such Court this
Jurisdiction.

46. A conviction
before the have

for any

offence under of the

any

Court

shall

of a Magistrate to jurisdiction impose

Class

and

penalty provided by

Enactment. PROTECTION 47. OF be

OFFICERS.

(i) No

action
or

shall

brought
to

against
be done

anjrthingdone supposed
rules

bond

fideintended
"

any in the

for person exercise or

or

Provisions

as

to

exercise

of the powers

given by
one person action

this Enactment

by

any

made

thereunder

(a) without
in

giving to writing of the

of the

such

month's and of the from

previous
cause

notice
;

intended

thereof date of the

(") after the

accrual

expiration of three
cause

months
;

the

of action

(c) after tender (ii)In

the every

of sufficient amends.
so

defendant
or

reasonable fail to defendant.

prove

brought it shall be expressly alleged that maliciously or negligentlyand without shall probable cause, and if at the trial the plaintiff the for such be shall allegationjudgment given
action

acted

either

(iii) Though
action,
unless such

judgment be given have shall not plaintiff

before which the

for

the

costs action

in plaintiff against the is tried

any

such

defendant

the

Court

shall

certifyits

approbation

of the action. Schedule, ENACTMENTS REPEALED.

Short

title.

The

Excise

Enactment,
Do. Do.

1908

The The

Excise Excise

Enactment,
Enactments
1912

1909 Amendment

Enactment,

in-

ENACTMENT

NO.

OF

1915.

An

Enactment

to

Malay
Arthur

States Young,

the

provide for extending to operation of the Army

the Act.

Federated

[1st June,
the

1915.]

President

of

Federal

Council.

It
in
title and

is

hereby
as

enacted follows

by
:
"

the

Rulers

of

the

Federated

Malay

States

Council 1.
This

Short
commence-

Enactment
shall
come

may

be

cited
on

"

as

The

Army

Act

Enactment,
in the

ment.

1915,"
Gazette.

and

into

force

the

publication

thereof

Order extension

for of to

2.

The
in

High
the

Commissioner Gazette direct

44

may

by
the

order

under of

his
the

hand Act of

lished pubthe cited

on

that
45

Army
the

Act

Federated
States.

Imperial
as

Parliament

and

operation Victoria, chapter

to

58,

shortly
States
such in

Malay

the

Army
such

Act,
date
an

be
as

extended may
has be

the

Federated
in

Malay
behalf

and
Effect of order.

after 3.

specified
been

that

order.

(i) When
said Act of thereof

order the

duly

published together
Act

under with and

Section ments all amendamendments

to

2,

the

Imperial
for the
to

Parliament
time

in force

being (which Army

after Act

are

hereinafter of

referred sub-sections States

in

as

the

Act)
the

shall, subject
effect within in

the the such

provisions
Federated order thereof
in

(ii) and
on

(iii), have
date

Malay
the
to
a manner

and

specified
for the

the

said

prescribed

application

British Act

Protectorate. shall
in

(ii) The
modifications

Army
and
time
;

be
the

read

subject
as

to

the
and

exceptions
to

and other

described

schedule

hereto the under

to

such

exceptions
may in of the any

modifications
to any time such

(if any)
order

High
his

Commissioner hand
or

from

prescribe by
order
may

published
alteration
in the

Gazette of
or

extend

rescission

the

schedule

exceptions and prescribed under

not

modifications this sub-section.

described

said

(iii) In
order
with

matters

regulated
sub-section
as

by
to

the

schedule

hereto Act

or

by
be

any

published
such formal
moneys,

under

(ii) the
names,

Army
as

shall

read

alterations

localities, Courts,
may

offices,
to

persons,

make

the

same

penalties, applicable

and
to

otherwise the

be of

necessary

circumstances

the

Federated

Malay
Order ceaantlon for of of

States.

4.

(i) At

any

time

when

the

Army
of his
and

Act this

shall

be

in

force the
in

in

the

Federated Commissioner direct that

in

operation
Army
Act.

Malay
may

States

by
shall
in

virtue under
on

Enactment

High
Gazette
be

by

order Act

hand

pu])lished
such
to

the
as

the that

said

after
cease

date have

may

specified
the

})chalf

such

order

effect

within

Federated

Malay

States.
18

AKMY

ACT.

19

(ii) When
the

an

order shall after order

shall
cease

has
to

been have

duly

published
within
in

under
the

this

section,

Army
on a

Act and

effect

Federated
in
;

Malay
order,
that

States until such

the

date

specified

that

behalf
2

such

further

be
not

published
affect

under

Section

provided

cessation

(a)

the

past

operation
the

of,
Act

or

anything

duly

done

or

suffered

under,

Army

(")

any
or

offence incurred

committed,
under
the

any

right, liberty,
Act
;

or

penalty

acquired

Army
or

(c)

any

action,
time

proceeding,
when

thing pending
Act
ceases or

or

incompleted
effect be
;

at but
on

the
every

the

Army
if there

to

have
may such

such

action,
as

proceeding,
had the

thing
no

carried

and 5. Section

completed

been

cessation.

Any
189

declaration of
the

made

by
Act

High
be deemed

Commissioner
to

under
to

Declaration

Army
in

shall Federated the

apply
and States

military
purposes deemed

force of
to be

raised

the

Malay
of His

States,

every for the be

Jgg"f i^y'
Act.

such

declaration the

Federated

Malay
Britannic

shall

within

dominions

Majesty.

Schedule.

(1) In

the
to
serve

construction
or

of the be

the

Army
in

Act
in His

all the

mihtary
forces

forces

engaged
States such

serving
to be

Government included

Federated

Malay
and

shall service

be

deemed

Majesty's
service.

shall officer

deemed

to

be

His

Majesty's
in

(2) The
deemed
to

commanding
officer

the

troops
the

the

Colony
in

shall Federated

be

be

the

commanding

forces

the

Malay

States.
a

(3) When
to

person is

who
convicted

is

by by

virtue
a

of

this

Enactment
and

subject
to
same

military

law

court

martial

sentenced
be

penal
effect

servitude,
as

such person and

conviction

and

sentence

shall of
an

of

the

if such servitude and

had

been

convicted
to

offence

punishable
a

by penal
Civil

sentenced
laws

penal
Court

servitude
to
a

by

competent
to

Court,
servitude

all written

relating
Civil

person
so

sentenced far
as

penal

by

competent

shall,

stances circum-

admit, (4)
effect
The in

apply

accordingly. provisions Malay

31, 32, 33,
of the

following
the Federated

Army
virtue

Act of

shall
this

not

have
:

States

by
42,

Enactment

Sections
76

13,
to

30,
121

34,

43,

58,

59,
136

60,
to

61,
147

62,

64,

66,

inclusive,
167, 187, 173,
and

127, 174,
the

131

(2), 134,
178,

inclusive,
182, 183,

155, 185,

166, 186,

174a, First,

179,
and

180,

181,

Second,

Third

Schedules.

-ENACTMENT

NO.

12

OF

1915.

An

Enactment the
"

to

repeal

and

re-enact

with

amendments
to

Enactments, 1898," being the law Lunacy and to provide regulate proceedings in Lunacy
the

for

reception
Young,

and

detention

of

Lunatics

in

Asylums.
1915.

Arthur

[2nd
Council.
31st

December, December,

President

of the Federal

1915.]
States

It
in

is

hereby
as

enacted follows
Enactment

by
:
"

the

Rulers

of

the

Federated

Malay

Council 1.

Short
commence-

title,

(i) This 1915,"

Gazette.

may
come

be
into

cited force

"

as on

The

Lunacy

ment, Enact-

ment, and
repeal.

and

shall

the

publication

thereof

in

the

(ii)Upon specified in
orders,
all

the the

coming

into

force

of this be

Enactment

the
;

Enactments
that
or

first schedule

shall

repealed

provided given
any

all

decisions, directions,
established which and
were

asylums
to

and rules appointments, licenses granted under

in

made,

Enactment

hereby prior
be
to

repealed
the with

force

and

subsisting
shall,
Enactment,
and
so

immediately
far
be
as

commencement

of the

this

Enactment

may

consistent

provisions
made,

of

this

deemed this

have

been

given,

established,

granted

under

Enactment. 2.
or

Interpretation.

In

Part
"

I, unless
the

there

be
means

something
the
person

repugnant
of
a

in

the

subject
sioner Commisof and law
his

context,
'"

Court"
"

Court found of

Judicial due
course

Liniatic

means

anj''

by

to

be

of
;

unsound and
"

mind

and
"

incapable
includes

managing

himself

affairs

Registrar

Assistant

Registrar

and

Deputy

Registrar.
In
or

Part

II, unless
"

there
means

be

something
ever}^

repugnant
of Officer of the
'

in

the

subject
and
a

context,
person

Lunatic"

person

unsound
means

mind

every

being

an

idiot

and
in

"

Medical service

duly

qualified

Medical

Practitioner

the

Government.

PART

I.

PROVISIONS

REGULATING

PROCEEDINGS

IN
is

LUNACY.

Court order

3.
may

(i) The
the

Court make
an

may,

on

such

application
an

as

hereinafter
an

enquiry.

mentioned,

order

directing
of the mind and

enquiry
who is

whether

3^ person

subject
is
or

to not

jurisdiction
of unsound

Court

alleged
of

to

be

lunatic

is

incapable

managing

himself

and

his

affairs.
20

22
whom
for

No.
the the

12

or

1915.
shall have
shall of estate
or seem

charge

of the

estate
as

is committed
to

such
the may

powers

management

thereof

the
to

Court
the the

necessary

reference being had proper, movable immovable, whether or and But

estate

nature

property,
consist.

of which
to

such
or

powers any unless

shall

not

extend
or

the

sale

charge

of the

part thereof
for
a

to

property,
Power to of

term

not

the letting of any exceeding three years. shall be of

at

immovable

11. order

The

Registrar

of the

Court
any

Registrar
receive

of reference

to receive

proposal
estate

and
a

proposal.

respectingthe management
relate
to

of the the order

without an libert}^ enquiry any lunatic if such proposal conduct of the

estate

any

matter
an

which

committee the
last

has

not

empowered dispose of. The and enquire into

estate
or

been

of for

property
Registrar
to

to preceding by receive reference without likewise Registrar may proposal relatingto the sale or charge of the any part thereof or to the letting of any immovable any term a exceeding three years.

under

section

13. the such

the

report to Court.

Court

Registrar shall report to the Court on the proposal and shall, subject to the provisions of this Enactment, make the costs as shall under the report and resj)ecting order upon
The
seem

circumstances

just.
once

What may

relative attend

13.

The

Court from how

shall
time

in the

matter

of each whether

lunacy,
any
or one

and
or

may
more

afterwards

to

time, determine
and

proceedings.

and, if
shall

any,

attend

many before the

which
at

of the the

relatives
cost

next estate

of kin
in any such

Registrar
an

of the

proceeding
relative
a or

connected
next to

with

the management

thereof from
time

and, if any
to time

of kin is be his
may,

infant, may
for the

fit person

guardian
on

purposes
to

of the
it

appoint lunacy.

14.
Orders made
oa

may

be

The
any

Court
matter

application made
connected this and

whatsoever the

with

petition.

such
the

order, subject to the

provisions of
costs

cerning by petition conmake lunacy, Enactment, respecting

the

application and
as

thereof

of the
seem

shall under Court

may,

the

circumstances
to

consequent just.
for the

ceedings pro-

Dealings
lanatic'3

with for

15.

The

if it appears

be

just

or

lunatic's

property
certain

poses. pur-

of the immovable, or benefit, order that any property, movable lunatic, and whether in possession, re version, remainder, contingency, or disposed of as may expectancy, be sold, charged, or otherwise
seem

most

for

any

of the

expedient for the purpose following purposes

payment
of the for his maintenance
of any
or

of
:

raisingmoney

to

be

applied
debt
;

(a) the

lunatic's

debts, including
or

any

incurred

otherwise
on

for his benefit

;

{h) the discharge

(c) the pa^'ment
maintenance
the expenses

encumbrance

his estate

of

provision for
the maintenance
to
so

the

and
of when

of his future expenses of his family, including

or

his removal
he
;

Europe, India, China,

removed,
and

elsewhere,
incidental

shall be

all expenses

thereto of the of
any

(d)

the

])ayment
and

costs
costs

of any enquiry under incurred by order

this
or

ment Enactthe

under

authority

of the

Court.

LUNACY.
.

23
estate

16.
on

The

committee of the lunatic

or

of the
execute

lunatic's all such

shall in the and

name

and

oommitteeto

behalf

conveyances

instruments

fns^truments

of transfer
shall

charge
as

relative

of his estate vested his

own

the

Court
the

to any sale, charge, or other shall order. In like manner,

disposition
such
mittee com-

under
in
a or

order

of the

Court
the

exercise
same are or

lunatic, whether
in

all powers soever whatvested in him for

benefit

the

character

of trustee
to

guardian.
otherwise

17.

Where

a or

person
any

having

contracted

sell

or

dispose ought
as

Performance
*^'""*''^^'=*-

of

of his estate Court

be

j)art thereof
contract

afterwards
as

becomes Court
estate

lunatic, the
to execute

may,

if the
and proper.

is such committee acts

the

thinks
to

performed,

direct
to

the

of

the

such it

conveyances

do

such

in fulfilment

of the

contract

shall think 18. If

a

lunatic, the partnership firm be found of the other on partners or of any application may, to be to entitled who the to Court require the same, appears person dissolution dissolve the partnership ; and a thereupon, or upon committee decree of the of Court or otherwise law, by by due course of the estate may in the name and on behalf of the lunatic join with the other partners in disposing of the partnership property upon such terms and shall do all such acts for carrying into effect the dissolution shall think proper. of the partnership as the Court
member of
a

Court

the

found '"ii3,tic.
partner

19.

Where
to

lunatic

has

been

engaged

in business

the Court

may,

Disposal

of

if it appear
should be

be for the lunatic's

benefit that

the business
to

premises
sell and

p^^^^^

disposed of, order

and the same, such manner
a as

the committee

of the estate such

dispose of applied in
20.

the moneys arising from shall direct. the Court

to
a

sale shall be

Where

lunatic

is entitled

lease

or

under-lease

and

it

committee

may

be disposed to be for the benefit of his estate that it should appears of the estate of, the committee by order of the Court surrender, may for such to such assign, or othermse dispose of the same person the valuable such nominal and terms as consideration or upon

*^'"p""" "^ ^"*^^-

Court 21.
any

sliall think Where

in any
a

fit. stock
or

Government

or

municipal
the

securities

or

Transfer

of

shares
or

company

within (transferable

Federated

States the
or a name

the dividends

of which

are

of, or

are

vested

in,

lunatic
a

payable there) are entitled beneficially

or or or a

Malay standing in
thereto and
lunatic

^*""'' "^ ^^^uc.

committee committee

of the
or

estate

of

lunatic

trustee

for him,

the
or

trustee

dies intestate

himself
he
to
or

becomes

is out

of the jurisdiction of the

or

Court,
shares
trustee

it is uncertain
or

whether
refuses pay

the committee
to

trustee

be

livingor dead,
or or

neglectsor
and directs then
to the

transfer

the to
a

stock, securities, or
new

receive
as

the

dividends fourteen
may
same

committee

he
so,
or

within Court
the
as

days
some

after

being required by
to

him

to

do

order

fit person and

make
over

such the

transfer

transfer
manner

and Court

to

receive

pay

dividends
or

in such

the and

may

direct, and

such

transfer

payment

shall be valid

effectual Where

for all purposes.

any

22.

property
name

situate

in the in any

Federated person

standmg
Federated

in the

of

or

vested

Malay States is residingout of the

satisfied that such

Transfer

of

^u"^ti?^efi
"'^^"^*^'^^

Malay States,

the

Court, upon

being

24
person
estate to

No.
has
has

12

OF

1915.
mind

been
been

declared
in
a

of unsound

and
or

that

his

vested

committee,
where he

the

laws
to

of the such

place

manager is residing, order may

or

curator,

personal according
some

fit

person to

make

transfer

of the
or

property,
or or

of any

part thereof,
and the

such

committee,
and and
pay fit ;
over

curator,
any any
act

manager

otherwise,
of such

also

to

receive may

proceeds
done

profitsthereof

as

Court shall

think

and

in pursuance

order

be valid
Power without to order

effectual

for all purposes.

23.

maintenance

condition made

to the Court, having regard to the situation If it appears and the other circumstances in life of the lunatic and his family and

appointing
committee.

of the available

case,

to

be
or

expedient
their

that

his in

property
a

should and

be

for his

maintenance

direct

inex-

IDensivemanner,
estate, order
the the

that

produce
may

instead of appointing a committee it may, of the the property, if money, if of any other descripor tion when thereof realized, be paid to such as person fit to made be shall

Court
all the

think
so

and

payments
same.

applied for the purpose be a good discharge to

that and the unsoundness
it is

aforesaid,
the
person

making
Temporary
provision
maintenance for of

24.
lunatic

If it appears to is in its nature

the Court

of mind
to

of make

temporary
his may in like
or a

that
or as

expedient
the

lunatic.

temporary
his section

provision for
Court
his

maintenance
manner

for the under

maintenance last

of

family,the
direct purpose the

property
aforesaid. person the
has

sufficient part of it to

be

preceding applied
and
of it

for
Annulling proceedings

25.
in

When
be
or

any

been

found
on

of unsound
the

mind

shall
person

shown of any
other

to

lunacy.

Court,
that

either

application
or on

such

other

person has

acting on
there is

his behalf
reason

the information that order mind such for

and

of any unsoundness

person,

to

believe make
an

of mind such

ceased, the Court

is
or

may

enquiry incapable
are

whether of

person

is not
his

still of unsound affairs.

to

managing
in the
same

himself
manner

and

The the
the

enquiry
same

shall
as

be conducted of mind
of

and
an

hereinbefore
an

prescribed allegedlunatic
has

for
;

subject enquiry into

shall
to

rules

unsoundness
ness the unsound-

and

if it be found
order
set

that
all aside
case

of mind
the
matter

ceased, the

Court
or

proceedings
on

in

of the
as

lunacy
under

to

cease

be

such

terms

and

conditions

the

circumstances

of the

shall apjaear

proper. PART PROVISIONS FOR THE LUNATICS

Establishment
of lunmtic

II. AND ASYLUMS.

may also establish in
at

RECEPTION IN State

DETENTION

OF

26.

The

Resident for the

of

any

such

State

aejluma.

asylums
as

reception and
proper. persons

detention
may

of lunatics if he think

such

places
and

may any

be deemed

He for the

fit grant licenses

to

private
(i) The

estabhshmcnt

of such

asylums

may

withdraw

such

licenses. of every
shall time be
to

Manaj^emrntof
Innatio

27. and such

management
of from shall time

lunatic
be

asyluma.

the rules

custody
as

its inmates

asylum and the care regulated according to

under this Enactment
is situated.

made such

by

the

Resident

of the

State

wherein

asylum

LUNACY.

25
shall

(ii)The
such

Resident
not

of each than

State

appoint

for every
at

asylum
least

in

State
Medical Two

less

three

visitors,one

of whom

shall

be

Officer.
or more once

28.

of the
at
or

visitors, one
of which

of whom

shall

be

Medical

Officer, shall

least in every

month

part of
and
therein lunatic
enter

the

asylum
as

asylums
as

examine,
and

far order
since

circumstances and
the

together inspect every they are visitors and see will permit, every lunatic
the of

Monthly *'"^ ^^

inspecvisitors.

the

certificate for that

for

admission
visitors remarks

of and which

every

admitted
in
a

last visitation

the

shall

book

may

deem

the

asylum

kept purpose any in regard to the management proper and the lunatics therein.
to

be

they
of

and

condition

dut}^of every Police Officer not below the rank Apprehension hmlfksr""^ apprehend all persons found wandering at largewho to be lunatics and all persons deemed believed to be dangerous are of lunacy and to report to a Magistrate the fact of the by reason of such so apprehension Every person apprehended any person. detained of be of a by order Magistrate for purposes may examination and shall be examined ance by a Magistrate with the assistof a Medical if the Medical Officer ; and Officer shall sign a A in the second schedule and the Magistrate certificate in the form other shall be satisfied on personal examination or proof that such
of

29.

It shall

be the

Inspector to

is a lunatic and a proper to be detained under care person person he shall make and treatment, order for such lunatic to be received an into the

Central
or as

Lunatic
into such

Asylum
other
think

State

of Perak States

Tanjong Rambutan pubHc asylum in the

at

in

the

Federated limatic Provided

to

Malay
suitable that

he
to

may

fit and mentioned

shall

send

the

in

custody
shall

the
or

asylum
in

in such who the

order.

if any

friend

relative

of any

lunatic
to

is believed

be the

satisfaction dangerous writing of and Magistrate that such lunatic shall be properly taken care shall be or others, the prevented from doing injury to himself Magistrate instead of sending him to an asylum may make him over
of
to

undertake

the

care

of such
or

friend

or

relative. that

Provided the lunatic

also may

that
be

such
a

friend

relative

shall desire of
a

sent

if any to

in public asylum and shall engage writing to the satisfaction of the Magistrate to pay the expenses be incurred which for the lodging, maintenance, medicine, may and care of the lunatic in such licensed asylum, the Magisclothing, trate send the lunatic to the licensed asylum mentioned in the may

licensed

asylum

instead

engagement.
30. Officer
within

(i)If
or

it shall appear

to

Magistrate
any other

on

the report of
that any

Police
person

Provision treatment

in

the

information
of such

of

person

or

to be a fu=atic."^ deemed Magistrate'sjurisdiction lunatic is not under control is cruelly treated and or care proper or neglected by any relative or other person having the charge of send for the supposed lunatic and summon him, the Magistrate may such relative other has or as or ought to have the charge person of him if such relative other be legallybound to or ; and person maintain the supposed lunatic, the Magistrate may order make an for such lunatic to be properly cared for and treated, and if such relative or other the to comply with shall wilfullyneglect person

the

limits

26
said order may
sentence

No.
him

12
to

OF

1915.
of either

for any legallybound

think fit
so

period not

to

section, and

tion descripbe no person exceeding the supposed lunatic, or if the Magistrate to maintain do, he may proceed as prescribedin the last preceding aforesaid that the being satisfied in manner upon
one

imprisonment
month.

If there

to deemed person be detained under

be
care

lunatic and

is

lunatic
may

and
make

proper
an

person

to

treatment
as

order

for his

reception into
of

such

asylum

aforesaid.

(ii)It shall be the duty of every Police Officer not below the rank Inspector to report to a Magistrate every such case of neglect or
treatment any
as

cruel

aforesaid
any

which

may

come

to

his

knowledge.
Officer Resident
care

In (iii)

State of

Medical
may,

Officer
at

or

below
such

the rank State

or

Inspector

such

any times

Police
as

not

the

of

friend

shall fix, visit any supposed lunatic in the relative of such supposed lunatic, for the
of such shall be

of any of purpose
any

ascertaining the condition

friend
lunatic
or

relative for

bound legally of the

supposed lunatic, to produce the

and
in

and said

such of his
to

supj)osed
five

the do
so

inspection
shall

visitor

the

event

refusing to
hundred 31.
Admission accused of persons for observation.

be liable to

fine which

may

amount

dollars.

(i) The
of

Court

of

Judicial
a

Commissioner committed with

may,

for the

j)uris

pose

such
not

determining Court or charged

into
a

whether before

person such Court order

to

for trial
an

before
is
or

offence
such

of unsound detained
as

mind, by
lunatic

written

direct named such

that
in

received there
one

asylum,
may

be

the

person order, and

be be

under
to the members

observation Court

month,
any

examine

of the

during period, not seem expedient and may staff of such asylum who
this section
to

exceeding
thereafter shall have

had

such

person

under

observation. under be received the

into

(ii)Every person
a

ordered

lunatic in

asylum
the

for observation and the be there order

may

shall be received detained for such direct.

or

into

asylum
for the
as

named the Court

Order for

order
in

under shorter

observation

period
which

stated made
as

or

period

the

order

32.

Except
no

otherwise

in this

in
a

reception into

asylums.

order

person under the

shall be received hand of

some

into

other Enactment any vided, prolunatic asylum \\ithout an the form

B in

person
statement

in

the

second lunatic
the

schedule
in

together with
said form
an

such

of

as particulars

is contained

the

nor,

unless

such

under

enquiry
certificate

under

Part

has been person I of this Enactment,

found form

Avithout
A in

medical second
or

containing

the

particularsin

the

the

schedule

of two

and one surgeon of the Government. managers

may expenses and care

shall be a ph3^sician persons, each of whom in the employment of whom shall be a surgeon When such order is presented the visitors or before

of the the

asylum
friends
be may

admitting
said for the

the lunatic
to

into

the
to

asylum
pay

require
which of

of the incurred

lunatic

engage
to

the

medicine, lodging,clothing,
the said visitors
so.

the

lunatic, unless
not

that
Order o( a

they
Two

have

sufficient
visitors

means

it shall appear of doing

33.

of the

discharge.

Medical

Olliccr, may

of any asylum, by writing under

of "s\hom their

one

shall order

be the

hands

LUNACY.

27
in

discharge
under detained of

of any person Section 31. When under

the

detained such of anj'^

such
is

order

than asylum otherwise is given, if the person of the order

to

order

notice pubUc ofticer,

discharge shall
34. When under such
make any the

be

immediately
or

communicated of
a

such

officer.
in any is desirous
order of

relative
shall be

friend

lunatic
or

detained
30

asylum
that
may

provisions
any

of Section
over

29
to

Section
care

uJfdertLkln^of
relative.

lunatic

delivered

his

and
First he

custody, he
Class
in

Federated
communication

application to Malay States,

with the upon

and the

Magistrate of the the Magistrate, if

or

the

think them

fit,after

visitors

with

one

of

being
or

Medical
or

Officer,and
friend from
the be
to

undertaking
of the taken
or

in

writing of such

tive rela-

the

satisfaction
be

said

Magistrate
care

Officer shall
be
an

that

such for

lunatic

prevented
order

thereupon
35. lunatic
The

properly doing injury to himself discharge of such lunatic discharged.

of any State
in may

shall

of such

and

ethers, may
and

make

lunatic

shall

Resident

order State

the
to

removal other

of any
shall

provision

for

from
in

asylum

public any the Federated

asylum
Malay

such

States, and
of such
he is ordered into

any such order and

public [u^a"tIc*3from
be
one

asylum

to

sufficient authority for the reception into the asylum

removal
to which

lunatic
to

also

for his

be removed.
Amendment "'^'^^'^^of

36. If after the reception of any

that he
any
was

lunatic

the

order received

or

the
is
or

medical
are

certificate
or

defective amended of two shall be

into
a

an asylum it appear which certificates upon at incorrect, the same may or

time
same

afterwards with
one

be

by
a

the
or

person

or

the said

the

sanction

more

of the

persons visitors

signing
of the

asylum, Every
as

of whom received

Medical

Officer.

order

asylum under any such order and accompanied, unless the j^ustlfydel^ required by order be under Section the 31, by requisitemedical certificate may *g""\^^g be detained therein until he be removed or discharged as authorized and in case of escape by this Enactment by virtue of such may retaken the such order be of asylum or any officer or by manager in that servant belonging thereto or any other person authorized behalf by the said manager Police Officer and conveyed to or any in such and received and detained asylum.
37.
person

lunatic

is

this

Enactment

38.

When

Magistrate
Judicial admitted
has

any under

lunatic Section

is sent 29
or

to

Hcensed
30 31

asylum by
or

order Court

of of

a a

Government

Section Section of the

of the
when
a no

f^r^iunat?c%
maintenance.

Commissioner
into such

under

Section under

and
32

lunatic

is

asylum
the

and
for

been

taken under

from

friends

lunatic

the

engagement of payment

expenses

Section and

32, the expense

care

of the
lunatic

clothing,medicine,
Government 39. The
to

of such of such

lodging,maintenance, shall be paid by the

the

manager

asylum.
ordei for pay-

Magistrate by
to

whom
that

asylum, if it appear to his maintenance

or

him
more

has been sent to a lunatic any lunatic such lunatic has an estate apphcable than sufficient to maintain
to

Snatic-s^"^
maintenance.

and
is

his

family
means

that

any

person

legallybound
said
on

maintain
to

and Court
into

has

the
a

of

maintaining
summary
way

such and

lunatic, may
the Court

apply
shall

the

of
the

Judicial
in
an

Commissioner,
a

enquire

matter has

and,

being

satisfied that

such

lunatic

28
estate

No.

12

OF

1915.
is legally that any person of maintaining such lunatic, of the charges of the lodging,
or care

applicable to
to

his

maintenance has the

means

bound

maintain
an

and
for

shall make

maintenance,
such
the in estate
same or manner

the recovery clothing,medicine, and order from

as

of such order
may

lunatic be

out

of
in suit

such
any

person. decree made

or

Such

enforced
in
a

by

the

said

Court

movable found

respect of the property

property
which
may

therein person be in the possession of

mentioned.
a

Any
lunatic

be sold by order of a Magistrate and wandering at large may be necessary) as the proceeds thereof (or such may part of the same of the the charge of the lodging and payment applied towards
maintenance
on

of the

lunatic

and

of

any

other

expenses

incurred

his

behalf. The of liability

be

Saving

of

40.
shall

any

relative
or

or

person

to maintain

any

lunatic
in

of liability relatives.

not

taken

away

affected

by
III.

any

provision

contained

this

Enactment.

PART GENERAL 41.

Saving
powers of Court Judicial of of

PROVISIONS.
in Part

Nothing
to be

contained of

II shall

be

taken

to interfere
over

with

the power found 42. of

a

of the Court lunatic

Judicial I. any made

case

Commissioner

any

person

under

Part

Commissioner.

Appeal.

Any person aggrieved Judicial Commissioner

in

by

decision

or

order

of the

Court of this

under of
an

the

provisions
under such
no

Enactment

appeal
except

except may, of Appeal ; to the Court of the leave by special

be

the

order that

Section

31,

provided
Court
the

appeal shall,
of
a

Commissioner,
the date 43.
Rules.

brought
or

after

of the decision

order

Appeal or expiration of one appealed against.

of

Judicial from

month

with the approval of the of any State may, (i) The Resident make rules for time from to time Secretary to Government, and such the better carrying out of the provisionsof this Enactment, rules upon publication in the Gazette shall have in such State the Chief force of law. shall dollars.

(ii) Any
conviction

person

committing
a

breach

of any
one

such

rules

on

be liable to

fine

not

exceeding

hundred

Protection persons this under Enactment.

of

44.

(i) No
any in the

acting

against
done

Enactment

action or brought prosecution shall be instituted to be hoiid for anything done or fideintended person exercise or supposed exercise of the powers given by this thereunder or by any rules made
"

(a) without
in

giving writing of
cause

to

such

the

person intended

one

month's
or

previous
action

notice

prosecution
months
from
or

and

of

the

thereof

(6) after
act to

the
in

expiration of
which
or

three

the

date

of the

respect of
of

the prosecution
;

action

is intended

be instituted
case an

brought

(r) in the

action, after tender

so

of sufficient amends.

(ii)In
the

every

action

defendant

acted

brought it shall either maliciously or

be

expressly alleged that negligently and without

30
of

No.
if

12

OF

1915.
of connection

Degree

with Dated To

relationship, the patient

the

any,

or

other

circumstances

day

of
,

19,
..

Superintendent
the person
the

of the

Asylum

at

(describing

the

asylum).

[Where signs the signing

Name the

order,

statement

is not the signing the statement following particulars concerning to be added, are namely :

who person the person

Occupation
Place

(if any)

of abode of

Degree

with

the

relationship (ifany) patient.]

or

other

circumstances

of connection

STATEMENT.

[If any
to

of the

particulars

in

this

statement

be

not

known,

the

fact

be

so

stated.]

Name Sex and

of

patient
age

in

full

Married,
Condition

single, or

widowed

of life and
as

previous

occupation,

if any

Religion,
Previous Whether

far

as

known abode

place

of

first attack

Age,
When

if

known,
and where of

on

first attack

previously
attack

under

care

and

treatment

Duration

existing

Supposed
Whether Whether Whether Whether Date Whether

cause

subject
suicidal

to

epilepsy

dangerous
found of such
any

to

others

lunatic

by

the

Supreme

Court

decision member of

patient's family

has

been

or

is affected

with

insanity

(Signed)

ENACTI^IENT

NO.

13

OF

1915.
1916.

As

amended

by

Fed.

E.

16

of

An

Enactment and
Arthur

to

regulate

the

possession, sale, import,

export of certain
Young,

Arms.

[2nd December,
the Federal Council.
1st

1915.

President

of

January, Malay

1916.]
States in

It

is

hereby
as

enacted follows
:
"

by

the

Rulers

of the

Federated

Council 1.

(i) This
and Chief

Enactment shall
come

may into to

be

cited
on

"

as

The
as

Arms shall

Enactment,
be
in

Short

title.
'

1915,"

force Government

such

day

appointed
the

anTrep^aif^'^

by

the

Secretary
in

by
contained

notification shall
immediate
or

Gazette.
arms

(ii) Nothing
which
are

this

Enactment

apply
of
any

to

any

the

property
of the of the

of,

or

under

the

control of
or

of, the
them
or

Government which force

persons

Federated

Malay
of any the of

States

form
or

part
the

equipment
force
the

recognized

naval

military
or

of

police
in

Federated

Malay
of the

States

of

employed
States
upon
use or

Prisons

Department
of any the for

Federated
or

Malay
in
or

of the

ordinary
and
or

armament

ship

which
or

are

any

ship
crew

required
passengers
into

service

thereof

the

personal

of the the

thereof. of
this

(iii) Upon
that

coming
in the

force

Enactment be
any

the
;

ments Enact-

mentioned all licenses which

first schedule issued

shall under

repealed
Enactment to the

provided hereby

and
were

permits
in

repealed
provisions
this 2.

force

immediately
so

prior
be have
to

ment commence-

of this

Enactment

shall,

far

as

may

consistent

with

the

of this

Enactment,

be

deemed

been

issued

under

Enactment. In
this

Enactment
"

and

in

rules

thereunder,

unless

the

context

interpretation.

otherwise
"

requires
"

Arms

includes

fire-arm,
any other
can

air

automatic

pistols, and
or

shot, bullet,
be
"

other does
a

missile not

air pistols, automatic guns, guns, kind of gun or pistol from which any fumes noxious be discharged can or any
arms

emitted,
Pistol which
the
"

but
means

include
or

other weapon
can

than of be

as

aforesaid.

fire-arm
or

other

from which
or
"

any

shot, bullet,
does
means

other

missile
any

description any discharged and of

length

of barrel, not
not any

including
exceed
area

revolving, detachable,

magazine
Police

breech,
district the and
"

nine in
a

inches. State constituted

in
a

police
Gazette
an

district

by

Resident
until

of such such

State

by
are

notification
so

the
means

and,

unless

districts
or

constituted,

ordinary

administrative

district

sub-district.

31

32
Licenses
arms

No.
for
the
arms

13

OF

1915.
shall be issued
in

for to

and
use

permits
arms.

3. (i) Licenses accordance with

permits to use arms provisionsof this Enactment. provisions of

arms

and

(ii)Subject

to

the

being
every in his

regulating the carrying of such license shall authorize

possession and
Form
the
use

any in

law

in

force

for the

time

public places or
named the

otherwise,
to have the

the person
use

therein

to carry

and

within

State

in which

license is issued
in the

any arms in the second named the

described

therein

and

shall be

substantially

schedule, and
therein to have in

authorize carry
arms arms

and

person within

such permit shall every in his possession and to the

State and

which
a

permit
in any in

is issued

described
has been

therein

provided

that
is in be

license force

respect of
State
the

any such

Federated
in the

duly issued Malay States and

schedule. license
senior

of
Form

the
B

shall

in substantially

second

effective other be the

Possession
arms

Any such (iii) by the

than
the
same

or permit which police officer in

shall have
any
was

been

endorsed of
a

as

policedistrict
issued
it
was so

State

State

wherein the

the State

same

shall

thereupon
as

of the State

effect in
it
was

where

endorsed

in

wherein
person
arms

issued.
in any
a

of

4. (i) No

shall

State

have
or

in

his

possession
in

or

prohibited
under
or

except
license

custod}'' any
under

except under
and such
* *

license

permit
be

that

behalf of such

this Enactment
or

in accordance

with
as

the conditions

permit.

license
E. 16 of 1916.

permit
person

and who such

conditions
*

may

(ii)Any
any
arms

shall have
or

in his
or

prescribed. possessionor custody

than in accordance

Avithout such

license
as

permit
aforesaid

otherwise
or

with

conditions
in his

who
any

while
arms

holding such
in

permit
which

shall have
license
a

possessionor custody
shall be liable to

respect of
of either
ceeding ex-

no

is in force term not

imprisonment
or

for description
The (iii)

exceeding

three

years

to

fine not
or

five hundred

such arm dollars in respect of every following persons shall be exempt from the
to

to both,

operation

of

this section

the extent

: specified

(a) the High Commissioner, the Rulers, the Chief Secretary Council and all Members of the Federal Government,
of any State Council
;

to
or

{!)) gunsmiths, auctioneers, and common possessionin the ordinary course

for
in
use

carriers of their

having
issued

in their

business

and and

not is

any

arms

for which

a arms

license has

been

force, in respect of such exempt

under
in

only.

Persons furnish
in

which

shall paragraph (a) of this sub-section State of the the Officer Chief Police to annually writing in their possession in they reside particularsof all arms
no

respect whereof
and the

license is in force, with

the

name

of the the

maker of

number

(if any)

marked

thereon

for

purposes

identification.

(iv) Where
such such
Period certain E. 16of of in

persons
arms

two or more persons shall for the purposes in his jiossession. shall any

carry

any

arms

in

parts,each

of

of this section

be deemed

to have

4a.

No

person
or

be deemed
rale

exemption
cases.

Enactment

of

thereunder
in

guiltyof any by reason

year

contravention

191C.

daring

the month

of January

any

he has

of this that the fact of only in his fossessionor

ARMS. in respect person

33
no arms

custody any
provided
on or

arms

of which
such

license
in his

or

that such

had

'permit is in force ; possession or custody

under
a

first day of December of the precedingyear thirtyin that behalf under this Enactment. issued permit
the
license be

license

may writing to the Chief

5. (i) A Enactment

for

arms

or

permit

to

use

arms

under

this

Licenses

and

obtained
Police

in any State by applicationmade in of Officer such State, subject to the issue

obtained!"^

thereof being expressly approved by such Chief Police Officer ; provided that if during the year or any part of the year immediately the applicant has applicationis made preceding the year in which referred held a license or j)ermit for the arms to in the application and such license or permit has expired by effluxion of time and has been license or not suspended or cancelled, applicationfor a new be made in arms verballyor permit for the same writing to and may such license or permit may, except as provided by sub-section (ii), of Inspector. be granted by any policeofficer not below the rank No (ii) the express license
or permit for a pistolshall be approval of the Chief Police Officer.

issued

except with
of any

license No or (iii) partnership,company,

permit shall be issued or corporation.

in

the

name

(iv) The
to the

Chief Police
a

issue of
a

license

Officer may requireas a condition precedent that the applicantshall for or a pistol permit

make
or

dollars either by cash paid into the Treasury deposit of fifty by delivery at the Treasury of a bank receipt evidencing the of the said amount allowed ; interest to the depositor.
shall
on

payment
such
under

to the

credit of the
any

Government
amount

with shall be

bank

payable
Chief

by a bank on Every person

demand
on

such has

who

made

deposit
the

this section Police Officer

be entitled

to receive

from

an Treasury deposit ; provided that no such deposit shall be returned month from the date of expiration until after the completion of one the deposit was of the license or permit in respect whereof made or, in the case of a license, from the date of the duly authorized transfer such license relates. to which to another Every person of the pistol this section shall be at all times under liable to be deposit made the depositor by applied in satisfaction of any fine inflicted upon

order

the

authorizingthe return

of such

any

Court. license
it is
or permit shall be issued applied for be produced. or

(v) No
of which

unless the

arms

in

respect

(vi)Every
December

license
year

permit

shall

expire

on

the

31st

day

of

of the

in

respect of which

it is issued.

shall issue, or endorse as effective,any Every (vii) shall Enactment enter under this license or particulars permit officer to be kept at the office of the senior police thereof in a register takes such issue or endorsement in the policedistrict wherein place. officer who 6. Whenever marked
same

with
may may, be

letters

applicationis made in or or figures readilyidentified,the

for such

license for any

other
manner as

arms

not the

Maridngof
^"^'

that

officer to whom

applicationis
arms

made
be

marked

afterwards
III"

such issuing the license applied for, cause the mark with same some whereby permanent but in such manner not and identified, known as before 3

to be

may to injure

34
or

No.
the disfigure
same

13
any
or

OF

1915.
who
such

and

person any mark

shall

obliterate, wilfully
or

deface, alter, counterfeit,

mark
resemble

forge

mark,

shall

lently frauduto

arms resembling or any any used for marking arms under this section mark any hundred dollars. be liable to a fine not exceeding two

with

intended

shall

Lost and

licenses

7. If

license
or

or

permit
person to issue

issued

under

Section
may,

5 shall be
on

permits.

defaced,
that the

lost, the

named
licenses in form

therein
or

officer authorized

permits
the

and

destroyed, applicationto snxy him on satisfying

him
a

applicationis made
the

good
C
in

faith, obtain
second
same

from

cate certifisuch
as

substantiallyin
certificate

schedule

and

shall be in lieu of and

or

of the

force and

effect

the

former
Arms lost
or

license

permit.
any
arms

8. Whenever shall be lost

other person
or

in

respect whereof
person been
or aware

license of

is in

force
any
arms

destroyed.

destroyed, the
who

named
in

in the

license

and

fourteen
a

immediately days
such

may the before

have
loss

possession
thereof
or

such
shall

destruction of such

within

after
to

becoming
the senior

loss

destruction

make
in

report thereof

which
Dealers'
licenses.

persons

poHce officer reside. respectively repair arms

D
in the

in the

police district
any

shall

9. (i) Licenses to deal in and in the form be substantially

in

State, which
may not
arms

second
;

schedule,
no

be
so or

issued
licensed any

by

the

Chief Police

Officer of such

State
expose

and

person
any

shall

make,
arms.

repair,or

keep

or

for sale

part

of any

of the

(ii)Every such license shall expire on the it is issued. year in respect of which (iii) Every
an

31st

day

of December

person
accurate

so

licensed of
or

shall at
all
arms

all times

keep
arms

books

taining conor

record

manufactured of all

by
sold

him

received and
the
on

by

him

into

stock which
name

for
arms

repair and
so

by

him

of the

marks

by

all

purchaser and shall, produce police officer inspection any the rank of sergeant at such above and the time as police place officer may reasonably require. shall also within the first seven days of (iv)Every such person
demand,
them

(late of sale and

the

and

address

sold may of the

be

identified, with

for the

of

each
to

calendar
his

month license

furnish relates

to

the

Chief

Police

Officer of the

State

which

in the

second and

schedule, of
of all
arms

imported
calendar

E in the form particulars, substantially of all arms his stock and purchased or sold by him during the last preceding

month.
person who

(v) Any
be

shall contravene

the

liable to imprisonment (i)shall not exceeding three years to a or

dollars
or

of either fine not

who

provisionsof sub-section descriptionfor a term exceeding five hundred

the visions proto
a

to

both

and

any

person

sliall contravene
fine not

of sub-section two
Obstructing inspection of
stock-in-trade.

or (iii) (iv)shall

be liable

exceeding
demand of

hundred

and

dollars. fifty
9 shall
on

licensed under Section (i) Every person police officer above the rank of sergeant trade to the inspection of such officer.
any

10.

submit

his stock-in-

Whoever (ii)
person

from

of conceals the stock-in-trade intentionally police officer above the rank of sergeant or

any

such

wilfully

ARMS.

35
is

refuses

to

point

out

where

the

same

kept
not

shall

be

liable to

prisonment im-

of either
or

to

fine not

descriptionfor a exceeding two hundred

term

and

exceeding two dollars to or fifty

9
or

years both.
a Boards to be

licensed under Section (i) Every person conspicuous position outside the door of his shop
a

11.

shall

affix in

board
as

bearing the
the
nature

words

"

Licensed
may

(or
not

of his license
inches who

place of business deaicrs'^shops in and Repair Arms to Deal printed in letters be) distinctly
"

less than

two person

long.
shall fail to
to take
a

(ii)Any
this section

shall be

liable shall

fine

comply with the provisions of dollars. not exceeding fifty

12.
transfer
or

(i) No

without

person first
;

on purchase or License for delivery of any arms obtaining a license authorizing the purchase transfer!*"^

transfer date

thereof

such
no

license

shall have

force for

one

month

from

the

of issue
person

and

longer.
deliver
to any

(ii)No
or

shall upon

other
to

transfer

except
or

production
thereof. transferee
or

him

any person of a license

arms

on

sale

authorizing
endorse the the
arms one

the

purchase
license
or

transfer

The (ill) said

purchaser
with
the

date

of any of delivery and shall return officer

arms

shall

particularsof
such license
same

purchased
month and deal under
the the in

transferred such
or

and
to the

within
was

from

date

by

whom

the

issued

vendor
arms,

transferor
to

shall, if he be the holder

of sale

of

license to him
in

add
9 the

the

record

Section

number,

date, and

other

required to be kej)tby contained particulars

said license.

(iv) Any
this section

who shall contravene of the provisions of person any shall be liable to a fine not exceeding one hundred dollars.
be

(v) Licenses
which may be shall issued

purchase or transfer substantiallyin the form F by the Chief Police Officer of

shall
sea or

for the

of in

arms

in

any

State

the

second State.

schedule

such
or

13.
any

(i) No

State

person either by unless

import
land
a

any from a

arms

parts

of

arms

into

License

place
on

without

the

Federated

""p"'*-

Malay
Police
upon

States

he hold
may

license

in that

behalf.

(ii)Such

license

be

obtained
which

application to
arms or

the
arms

Chief
are

Officer of the

State

into

the

parts of
G
in

importation into the Federated Malay conveyed and shall be substantiallyin the
schedule.

States form

intended
the

to

be

second

(iii) Every

holder
all
arms

of
or

such

license
of
arms

shall

endorse

thereon

full and
issued

particularsof
shall return
within
one

parts

imported
whom the
term

thereunder
same was

such month
sent

license to the
from the

officer

by

expiration
the the

of the not

allowed delivered
a

thereby.
unless Hcense the
or Arms sent

14.
until

Arms there

be

through produced at
under
the
arms

post post office

12
or

shall

be

by

of destination 13

in

^"^^'

respect thereof
office whence

Section
were

Section

according as
or

post
the

despatched

is within

without

Federated 15.
sea or

Malay
to
a

States.
shall

(i) No
land
a

person

export
behalf.

place
in that

without

from arms any the Federated

any

State

either

by

License

to

Malay

States

unless

"^'"^-

he hold

hcense

36 (ii)Such
Police and
Ports and

No.
license

13

OF

1915.
on

Officer of the

be obtained may State from which

the

application to
arms are

the

Chief

the H

to

be

exported
the
in the be

shall be
The

in substantially

form may

in the time

second
to

schedule.

16.

Resident of the Chief that

of

State

from

time, with
shall not

places of
import and export.

approval
Gazette

Secretary to
arms or

Government,
State

by
of

notification
arms

declare
into

particularclasses
such

or exported imported in such notification,and no arms specified such State or exported from contrary

from

except
shall to

at

ports
terms

be

or places imported into

the

of

such

notification.
Marking
cases

of

; notice

of

importation.

imported into a State for the purposes of trade the Federated or Malay States, the profitfrom any place without and shall be distinctly case or package, if any, containing the same Arms in the English Defensive with the words legiblymarked be prein such other manner as scribed language or shall be marked may of the when the importation is to be by sea, notice ; and is to intended importation and of the ship or boat whereby the same at the be effected shall be given to the principalofficer of Customs port of import before the arrival of such ship or boat at such port.
17. When
arms are
" "

Declaration of
arms on

importation.

Every person entering a State from any place without the his Malay States who has in his possession or among and every imported baggage any arms consignee receivingany arms the Federated into a State from Malay States place without any time and place, in such declaration shall make thereof at such a and with such particulars be prescribedand shall at mamier as may Section 13 for the the same time produce the license issued under such license of and other the or arms any) (if authority importation for the exportation of such arms from the Colony.
18. Federated

Penalty
unlawful

for

importation

or

Any person (i)of Section 13

of either fine not who
or

19.

who
or

shall contravene of Section

a

15 not

shall

exportation.

descriptionfor
the

term

provisionsof sub-section imprisonment exceeding three years or to a

the be liable to both
or

five hundred exceeding

dollars

to

and

any

person
13

shall contravene of Section dollars.

provisionsof sub-section
to
a

16, 17, or
Chief

18 shall behable

fine

of Section (iii) not exceeding

five

hundred
Permit
or

to land

20.

(i) The
owner,

PoHce

Officer of

tranship

arms.

by
to

the

arrive
or

at

agent, or master port in such any

boat
to such

of any ship or State grant a

to

agent,
such

master

authorizing him
port
or

ship or
owner, at

for
a

application upon arrivingor about permit to such owner, land any arms consigned upon transhipment at such port.
a

State

may

boat

(ii)The
the arrive

Chief

Police
or

Officer of

State

may

upon

agent,
any

master

port of such

of any ship or boat State and having on

to

by ajiplication arrivingor about to

board
any
or arms

for
a

transhipment at such port grant permit to tranship such arms.

Such (iii)
to owner,

such

owner,

agent,

master

to be shall thereupon cease agent, or master license such without for a arms ; importing any prosecution but the granting of such permit shall not render any other person free from any prosecution for importing such arms without a license. liable
Concealini?

21. license

Whoever
into any

knowingly
State from

conceals
a

unlawfully Imported arms.

any

arms

imported
the

without

place

without

Federated

Malay

38 (a)
has
or

No.
in in his

13

OF

1915.
without conditions
or a

possession any
of
or

arms

license
upon

or

permit
any purpose,

contravention

the

which

license
or

permit

is issued

for

any

unlawful

whereof he cannot be left in possession any arms the without to danger public peace, possession directed to any such Court police officer or police by warrant may such officer or officers by day or by night officers authorize and search the house enter or to premises occupied by such (1) the house has Court or or premises wherein any person

(h) has

in his

reason

to

believe

that such

such
arms

arms

are

to

be

found

and

(2)

to seize to arrest whom to

and
any

detain
person

and house
or or on reason

(3)

found
or

in such

such

premises
to

such have

officer

officers has
any

have

suspect
this

committed

offence

punishable

under

Enactment.

(ii)In the
warrant

execution may
a

of such

warrant

is directed

employ
search

such

such to whom any person assistants be as may necessary. under this section

Whoever (iii)
his

upon

being made

having

in

are or knowing where any arms possessionor custody any arms to the person refuses to produce or point out the same shall be liable conceals the same making the search or intentionally not exceeding two to imprisonment of either descriptionfor a term dollars or to both. to a fine not exceeding five hundred or years

concealed

Search District

for

26.
arms

(i) The
for
reasons

Chief
to

Police be

Officer of

State

or

by police or
Officer.

may

first recorded

by

him

District any authorize by

Officer
name

in

policeofficer not below the rank of corporalto search any house or other building or place or any ship or boat or the houses in his jurisdiction wdthin for arms and to seize and convey locality any in the course all arms found of such search for to a police station is in like manner, and not which or a license produced permit may, such officer the to authorize or living requireany person persons any within his jurisdiction to produce his or their license in any locality therein. for the arms described licenses and to produce or account or writingany
(ii)Any
is

power

which below Officer

Chief rank

Police
to

Officer
to

or

District

Officer

by this section police officer not

the Chief Police 27.
to 26

empowered
the
or

authorize of

be

exercised be exercised

by

corporal may
any

by

by
a an

the

District

Officer in person. person has failed under Section or

him

Penalty.

If it be proved before account to satisfactorily for any

arms

Magistrate that
officer authorized

by

described such

in

period for
or

which

license

license issued any is in force or after

person

to its

during the expiry, suspension,

to
a

cancellation, such
one

shall

bo

liable

fine not

exceeding
Detention of the

hundred

dollars.
to
or

28. other
case

Any

arms

produced

discovered Section
5
or

by

police officer
26

or

by police.
arms

officer in any State under the Chief Police in which

Section State

Officer

of such

in any may, of for reasons

public safety to be duly recorded by him so directs, be detained the policefor any period not exceeding one month ; provided
no arms

by
that

to

the

orders

shall in any State be detained under of the Resident of such State.

this section

contrary

ARMS.

39
and
at him
on

29.

Any

police

officer may
a

enter

remain and
to

on

premises
be

other

than

dwelUng-house
to any

for such
ascertain
or

any time

land
as

or

Entry
where used.

on arms

place
are

may
a a

reasonably necessary carrjdng or using person license or permit in that

30. If
a

enable
arms

whether has

such

land

premises

behalf.
in
arms or

dies import arms wise otheror or mentally incapable or under the person disability, carr3dng on the business of such licensee shall not be liable to any penalty or forfeiture for acting under the license during such reasonable time be necessary as may him to make to allow license,and such person applicationfor a new
to

becomes

licensed to deal person insolvent or bankrupt

Where under

licensee dis-

ability.

shall

be

deemed

to

be

the

holder
to be

of the

said

license
same

for all purposes

if he as way is granted or

under
were

this

Enactment

and

liable in the until

a new

the

originalholder

thereof

license

refused. shall have arms possession of any of the expiry,suspension, or cancellation of a license or permit shall without delay deposit unnecessary the arms at the nearest policestation. If the owner of any arms so deposited shall not within six (ii) of months from the date deposit produce a license authorizing him the same and apply for the delivery thereof, such to possess arms 31.

(i)Any

become

unlawful

whose person in consequence

Deposit of arms at policestation.

shall

be forfeited. If any

32. any be

penghulu
whom

or

person

lie shall have

police officer shall good reason

a

fail to to

inform
or

against
to in that not

Information ofEences.

of

know
or

believe

without guilty of possessing any arms penghulu or police officer exceeding fiftydollars.

license

permit
to
a

behalf, such

shall be liable

fine

33.
shall the

The be

occupier
shall

of be

any

house

or

premises
the

in

which
is

any

arms

Ownership.

found

deemed,
arms

until

contrary

proved,
be

to

be

possessor

of such

for the whom

any

purposes
a

of this Enactment. may

34.

Any Magistrate
may upon

before

conviction
sum

had
one

under half of

Rewards informers.

to

this Enactment
any fine recovered

direct that such

or

not

conviction evidence

shall

exceeding be paid to
was

any

upon 35.

whose Police of

information officers not for

such

conviction

person obtained.
Police certain have

the rank of corporal shall, for the unlawfully purpose imported or exported or attempted to be imported or exported into or from the Federated which Malay States or any of them, have the powers are by Sections 6 and 25 of the Customs Regulations Enactments, 1907, vested in officers of Customs make of the and such search baggage may of passengers of goods arriving in or the and departing from of them Federated States order be in or as Malay any may necessary

below

search

arms

powers of Customs officers.

to

ascertain

whether
arms

any

arms

are

contained

therein. shall have

this
or

36. breach
any to may with
or

(i) All
of
or

with

offence

regard to which there against the provisions of

or

been

any
or

Forfeitures.

Enactment
condition been

of

rule

made

thereunder
any

of any
or

restriction

upon be seized

which

license

permit

shall

have

the
order

by

by any policeofficer or officer of shall receptaclescontaining the same of a Magistrate.

Customs
be

and

subject granted together

liable to forfeiture

40
(ii)All
may be
arms

No.
which
may

13
be

OF

1915.
without and
the
an

found

apparent
such
may notice

owner as a

seized

by

any

police officer

if, after
same

direct, no owner Magistrate may of a Magistrate be forfeited.

Abetment and

appears

by

order

37.
under to

Whoever this

abets

the
or

commission
rules and
same

of made

any

offence
or

punishable
attempts
any act

attempt.

Enactment

commit

towards committed
General

such any the commission the

offence. is

any offence of the

thereunder

in

such shall be

attempt

does
as

punished

if he

had

38. of any

Whoever
rule

guilty of
to
a

any

contravention
no

of this Enactment
is otherwise
one

or

penalty.

thereunder

for which

provided
Liabilityof principal and agent.

shall be liable
person

fine not under

penalty exceeding
this

expressly
dollars. would be

hundred who

39.

(i)Any
to any

licensed

Enactment
or

liable under

the

provisions of this Enactment

shall

punishment, penalty,or
default be for every such

of any rules thereunder forfeiture for any act, omission,

same

neglect,or
or

liable to the

punishment, penalty,
default of any
as course

forfeiture
or

act, omission, neglect,or

agent
such

servant

employed
agent
or or

by

him

in the

of his business default

licensed

person

if such

act, omission,
in the

neglect,or
of his

be

committed

by

such

servant

course

employment
under
person

by
this

such

licensed

person. servant
course

(ii)Any
shall
also

agent
be

employed

by

Enactment

in the liable

of his business

as

person such

licensed licensed

to

every

prescribed by
such
Search vessels. of

this Enactment had

or acts, omissions, neglects,

punishment, f"enalty,or forfeiture for such by any rules thereunder if defaults as as fully and effectually
or

agent

or

servant any board

been boat

the

person

licensed.

40. of

(i) (a) If
on or

ship or
any

having
into

article

which

from

such
22

State

is

under
or

Section

and

which

port of a State is suspected importation or exportation of tion absolutelyprohibited by a notificais not exempted by this Enactment
in any

the

by any specialpermit thereunder, or (b) If any ship or boat about to leave any port of a State bound for any particular or place is suspected of having country, territory, from board article the such State on exportation of which any to such is is and \A'hich so or prohibited place countr}^ territory, not exempted as aforesaid,
the Chief
to

Port any below

Officer

of

the

port may
or

issue

search
or

warrant

directed

boarding
the rank

officer

boarding

officers

officer not referred

to.

of sergeant in
warrant

such

warrant

any police named or whom such

(ii)In the execution

warrant is directed any may

of such

any
warrant

person named

to

(1) board

ship
or

or

boat

in such

or

described

either with

without

assistants, and

Presumptions.

(2) forciblyenter every part of such ship or boat, and (3) arrest any person reasonably suspected of being guilty of offence against this Enactment. an If upon search (iii) made under this section any
(a) any
or

article from
a

the State

under

Section

into importation or exportation of which is absolutelyprohibited by any notification 22 and is not which exempted by this

AKMS.

41

is found b}^ any specialpermit thereunder in of boat such or ship State, or port any State to any (b) any article the exportation of which from a or particular country, territory, place is so prohibited is not and which aforesaid is found board exemj)ted as on boat of any about leave to ship or port of such State any for such country, territory, or j)lace,
or on

Enactment

board

of any

it shall such
may
or

presumed, unless and until the contrary be proved, that was attempted to be imported or exported, as the case and such ship be, contrary to the provisions of this Enactment be for of boat detained the removing any such purpose may
be article therefrom and
person
or

article

the

same

may

be removed

therefrom.
in arms any reasonable
Persons convey^^

41. such
a

(i)If any
manner

is found

carrying or conveying
as

under

such

circumstances be

to

afford
for

ippr^endeY
without

grounds
purpose Avarrant

(ii)If he shall officer,

station
or

that the same susj)icion may dangerous to the public peace, apprehend such person so found be apprehended by any person

for

used

any

unlawful without

be

forthwith
over

taken
a

to

custody, not a being a police person the nearest other police or

by police

any person may and detain him in

be handed

to

pohce

officer.

found
or

without arrest warrant Arrest Any police officer may person any commit to or or committing attempting employing, aiding, warrant to commit offence against Section an assistingany person 4, 13 (i), 15 (i)or an offence punishable under Section 10 (ii), or (i), 42.
or

21,

25

(iii).
person

43.

Every
have

arrested

by

virtue any

of any
as

power to which

given by
any

this

Persons

Enactment
may to

shall,together
been committed and of of
a

with
or

article

offence

t^bftaken to
police station.

police station
the The may may,

before

Court Court
be

attempted to be committed, be taken be as conveyed as soon conveniently may Magistrate to be dealt with according to law. Magistrate
of
an

44.
person
ment

of the

First

Class

before

which

^^^^^^\"^
trate.

convicted

offence

notwdthstanding
the

the

punishable provisions of any

is liable under

under other

this Enact-

law, impose
rescinded
various
^""^-

the

full fine to which The

offender

this Enactment.

45.
or

in the fees specified

third

schedule
in

shall until

altered

under

Section

46

be

charged
in to the

respect of the
schedule.
may

matters

and

things
Chief
rules

enumerated

said

46. (i)The
time

Secretary
of the

Government

from that

time
say
"

to

Rules.

make

for any

following purposes,

is to

rescind, alter, or add to any of the fees or forms prescribed by this Enactment ; shipping, (6) to regulate the importation, exportation, landing, tranmanufacture, sale, and purchase of arms ; for the possession of (c) to provide for the marking of arms (a)
to which
a

license

is issued

in which (d) to regulate the manner applications for licenses or permits shall be made ; restrictions and and on subject (e) to regulate the conditions and the licenses and shall be to which granted permits the issue and of licenses and grounds generally permits which be suspended or cancelled on they may ;

42

No.

13

OF

1915.

in respect of (/) to provide for the furnishing of information thereof in possession ; arms by persons what fees payable under in whom and manner direct to by {g)

this Enactment

are

to

be collected

and

accounted
or

for ; of

{h) to regulate
forfeited

the

destruction, disposition,
this Enactment
or

sale

articles Section

under

detained

under

22;
and
; (i) generally to give effect to the provisions of this Enactment such rules of to the restrict particular operation any may
areas.

States, districts, or

(ii)The
but

Chief

Secretary
such

to Government

may

in

making

any

rules

prescribethe
so

fine with that

which

contravention
not

thereof
one

shall be

able, punishin
as

fine shall

exceed

thousand be
force

dollars.
the

Rules (iii) Gazette enacted

Power to

made
shall this

under

this

section

shall
same

published
and

and
in The

thereupon
of
a

have

the

effect

if

Enactment.

47.

Resident of the Chief

State

may to

from

time

to

time, with
notification such
or

the
in

exempt.

approval
the
or

Secretary
arms or

Government,
of
the
arms

by

Gazette, exempt
within rescind
any

part

any of such

classes

within

State
any

State

from and

operation
in like

of all
manner

of the
or

provisions of this
any

Enactment
so

may

vary

exemption

notified.

FmsT ENACTMENTS

Schedule. REPEALED.

Second FORM License This the

arms

Schedule. A.
for

Arms.
to
,

license authorizes hereunder

on

A. B., of
the

possess,

carry,

and

use

until specified

31st

day

of December
:

next

following the day {Here

enumerate

which

this license
arms

is issued

all the

included

in

the license, with

fidl

for identification.) yarticulars

Issued Place Fee this

day

of
,

19
. .

Police

Officer.

ARMS.

43

FORM Permit A. B., of

hereunder is
,

B. Use Aems. and

use

to

until specified
on

the

day

which
enumerate

this

hereby permitted to carry the 31st day of December permit is issued :

arms

the

arms

next

following full

{Here

all the

permitted

to

he used, with

'particulars for

identification.)
19

Issued Place Fee

this

day

of
,

Police

Officer.

FORM Certificate Whereas A. B., of whereas has been it has

on

C. Lost

in

Lieu

of

^^^=
19
,
. .

for

Arms.
was

the
,

day by
,

of
arms

a
,

^^
that may

issued

to

for the

hereunder

: specified

And

been

proved
to the

to

my

satisfaction
the
case

the said

^^^
this

as defaced, or lost, {destroyed,

he) :

Now

certificate and

is issued

said A. B. to

be in lieu of

the said

^~^

of the like force

and

effect.
enumerate the

{Here
Issued Place Fee this

arms.)

day

of
,

19.

Police

Officer.

FORM License A. B., of manufacturer of, or

at in is
,

D. Deal
in

to

Arms.
exercise
as

hereby
and

licensed

to

the
case

trade

of

{a

vendor

repairer of,

the

may

he) arms

the

district of

Issued Place
Fee

this

day

of
,

19.
.

Police

Officer

FORM Particulars
of

E. Arms Sold.

Stock

and AND

of

Purchased,

Imported,

Month

of

191
(H

e3

S P3

Stock

in hand

on

Purchased
on

or

imported

5 J

)5

5 J

J"

5)

Sold

on

Balance

in stock

on

44

46

No.

13

OF

1915.

Third

Schedule.

FEES.

Licenses each

and

permits
arm,

for

arms

For

per

annum
. . . . . .

50

For

any

number
or

of
circus

arms

the

projDcrty
which
arms

of
are

theatrical
to

company, used in

be

bond

fide by
to

the

performances
. . . .

to 50
. .

be

given
a

such

company obtain

For

license

purchase
of
arms

or

transfer
05

import
,,

arms
. . . . , .

50
50
. . . . . .

export
"

arms

manufacture
,,

or

deal

in

arms,

per

annum
. . . . . .

100 20
. .

00 00

repair
,,

arms,

per

annum

Provided is
same

that between

the the be

fee
1st

to

be of

charged July
of the and annual

for the

any 31st

annual of

license

which of the

issued year

December

shall

only

half

fee.

ENACTMENT

NO.
of

15

OF

1915.

As

amended

by

Fed.

E.

1916

and

of

1918.

An

Enactment

to

make

provision, complementary
Act, 1881,
to

to

tlie

Fugitive
Parliament,
the
to

Offenders with

regard
Act

United which

Kingdom,
the said

British may

Imperial from Fugitive Offenders possessions and places

of be from time
to

the

time

applied.
Arthur

Young,
President

[27th

November,

1915.

of

the Federal

Council.

1st

February, Malay

1917.]
States

It
in

is

hereby
as

enacted follows
Enactment

by
:
"

the

Rulers

of

the

Federated

Council 1.

(i) This

may

be
come

cited
into

"

as

The upon

Fugitive
such
in

Offenders date the

as

short

title,
^
'

Enactment,
Chief

1915,"
to

and

shall

force

the

and^^peal^

Secretary

Government

may

by

notification

Gazette

appoint. (ii)Upon specified

extent in

the the

coming
first in

into

force

of this be

Enactment

the

Enactments to

schedule the last

shall column

respectively
thereof,

repealed

the

mentioned

2.

(i) In

this

Enactment,
means

unless any

the

contrary
over

intention

appears Britannic

"

interpretation

"Agreeing Majesty
the

State"
his

State,
whose
as

which

His

extends of States

rendition
such

protection, fugitive offenders

and
between

Ruler,
between the

being
his

desirous State and take

an

that
any

other under

it

and

Colony

shall into in

place
ment agree-

the
with

provisions
His
an

of the

Britannic in

Imperial Act, ha-s entered Government Majesty's

shall

whereof the

Order

Council

have

been

made

pursuance directing that

conditions, shall, subject to the exceptions, and Imperial Act State in the Order, apply to such qualifications (if any) contained of Part II that and if British States possessions were they as or States such State and shall apply to the or the Imperial Act Colony includes British of if they possessions, and any were a as group
British been the
were
"

e.

i of

1918.

dominion

in

respect

whereof

an

Order

^n

Council
Act

shall

have

made

Federated
a

group

II of the Imperial directing that Part such British and to States Malay British possessions ; of

shall
as

dominion

apply to if they
Great

British and

dominion Ireland

"

includes
any

the

United

Kingdom
also the to

of

Britain
any of

and
not
are

British
a

place to which, the Imperial Act exceptions,

being

possession and British possession,

in

includes

provisions
the in
ditions, con-

and

by qualifications (if any)

47

Order

Council,

subject

contained

the

48 Order, for the

the be
or

No.
time

15

OF

1915.
for the
Isle

being applied ;
Islands and
the

Channel which

and of the

the

of Man

of this Enactment purpose shall be deemed to

all territories
are

part of England
to

United Act
one

places shall legislature Deposition

"

Imperial
to any be

Kingdom and applies which

British
or

under
;

one

be deemed
"

dominion
statement

includes

affidavit

made

upon

oath
"

Federated

Malay
and
means a

States

"

means

the

States

of Perak,

Selangor,
of

Negri Sembilan, "Fugitive"

committed
in

Pahang
a

person

accused
either

or

convicted
or

having
mencement com-

British

dominion,
an

before
to

after
Part

the

of this Enactment,

offence

which

I of the

Imperial Act appliesand which is not excepted from the application of the Imperial Acts to the Federated Malay States by the Order in Council directing such application or by any subsequent Order ; Enactment referred such to is in this as a fugitive from person such offence is alleged to have wherein the British dominion been
committed
"

or

such
"

conviction
a
"

was

had

Magistrate
Order

means

Magistrate
an

of the

First

Class

King of Kingdom of Great Britain and Ireland and of the British dominions beyond the Seas, Emperor of India, made by and with the advice of His Privy Council. the Colony of the Straits Settlements The and means Colony includes the Settlements of Singapore, Penang, Malacca, several and and all other islands and Labuan places for the time being all British Settlements and of the Straits waters forming part thereto adjacent ;
in Council
means

"

Order

of His

Majesty

the

the United

"

"

B. 6ofi9iG.

the Act passed in the 44th and 45th means Imperial Act of Her of the Queen Victoria, Chapter 69, Majesty reign years The Fugitive Offenders Act, 1881," and where an shortly cited as Order is made in pursuance in Council of The Fugitive Offejiders States) Act, 1915," directingthat the Imperial Act shall {Protected (if any) subject to the conditions, exceptions, and qualifications in the Order, apply to the Federated contained Malay States as British possession the said Act shall a though the said States "were with the provisions into operation in accordance apply and come
The
" "

"

"

of

the

said

Order

in

Council.
"

When

used

in
"

reference that

to

the
as

Federated
so

Malay
to such

States States.

The

Imperial

Act

means

Act

applied
a

Act (ii)In the Iraj)orial

"

as

means

Superior Court a Magistrate

notice to

"

means

the

to the Federated ajoplied Supreme Court and

"

Malay States Magistrate

"

of the

First

Class.
17

The (iii)

directed Officer
where
or

by

Section

of the of
a

given
the
Publication
of

the
or

Chief
town

of the

Police

province
Public

the

Prosecutor

the

prisoner is in Deputy Public

of
an

Imperial Act to bo possession or of the custody will be given to

Prosecutor.
in Council

3. Thc

publicationin
to

the Gazette

Order
a

Act ^^" Im})erial ?no^azciic^"^^"^

to be conciuBivo evidence.

any in

place
; and

not

being

British

apjilying possession shall

application
Gazette of
an

be and

conclusive of the

evidence thereof

all Courts

of Justice

of such

terms

the

publication in the

FUGITIVE

OFFENDERS.

49

Order

in
to

Council the
as

apply

dominions conclusive
or

directingthat Part II of the Imperial Act shall or Colony and any State or States or British dominion if they were of British possessionsshall be a group
in is
an

E. 4on918.

evidence dominion defined Order

all Courts

of Justice
2 ; and

that the

every

such

State

British

agreeing State
has been

within the made

expressionas
whereof
the

in Section

meaning of that Agreement in pursuance

shall not Court
be

in Council

called for

by

or

required to be

given

in evidence

in any

of Justice.

RETURN

OF

FUGITIVES.
been

has in any British dominion 4. (i) Where warrant a and such therefrom the of for a fugitive apprehension is

issued
or

tion, Arrest, detenand return of person for whom warrant

is fugitive

of the Federated to any suspected of being in or on the way has issued shall be liable to be apprehended, in British Malay States, such fugitive dominion. in manner and detained provided bj^this Enactment transjiorted, of Part I of the Imperial of the provisions and returned in pursuance from which he is a fugitive. dominion Act to the British issued as Endorsed be under warrant A a apprehended (ii) fugitivemay and in accordance with warrants and endorsed aforesaid and duly authenticated provisional issued warrants. Part I of the Imperial Act, or under a provisionalwarrant of Malay States in pursuance by a Magistrate in the Federated endorsed Part warrant or a I of the Imperial Act ; and so a shall be issued sufficient authority to so a provisional warrant Malay States the j)art of the Federated apprehend within any before a Magistrate in therein and to bring him fugitivenamed the the provisional the endorsed State wherein warrant or was be dealt with to warrant be, issued, as the case according may to the provisionsof Part I of the Imperial Act. the fugitive to prison,he shall Information the Magistrate commits fugitive until after the fugitivethat he will not be surrendered committal expiration of fifteen days and that he has a right to apply to the prison. Supreme Court to direct that he be set at Hberty, and any such shall be deemed made to be an application by a fugitive application 5. Where
the for
a
on

to
to

inform

writ

of habeas

corpus

or

other

like process with Part

for the purpose I of the

of

Part 6. Act
he is

I of the

Imperial Act.
issued of
a

Any
a

warrant return

in accordance

Imperial
which

Return warrant.

of

for the

to fugitive

the British

dominion

from

fugitive by

according to the tenor fugitiveshall be forthwith executed therein shall be delivered into the thereof and the fugitivenamed the warrant is addressed some or custody of the persons to whom and shall be in and held of them conveyed by one more or custody he is a fugitive. from which dominion otherwise to the British sea or
RETURN OF COLONY
in the 7. (i) Where for has been issued the

OFFENDERS AND

AND AGREEING

WITNESSES STATES.

TO

THE

Arrest, detenColony or in an agreeing State a warrant convicted accused IIT'^"' of or of'pereon a person apprehension before either such the in in State, of having committed Colony or ^^sTsue"'' offence punishable the coiony of this Enactment, after the commencement an or statl^^^"^^ by law in the Colony or in such State which is not excepted from to the Federated the application of Part II of the Imperial Act Malay States by the Order in Council directingsuch applicationor
or

III

"

50

No.
any
or on

15
such

OF

1915.
is
or

by
in

subsequent
the way be

Order

and of the

person

is

suspected

of

being

shall
manner

liable

to any be to

Federated and

Malay States, such

returned
Act to the

apprehended, transported, and

Enactment

person detained in

the the
Endorsed warrants warrants. and

provided by provisions of Part

said warrant person
was

this

II of the issued.

Imperial

in pursuance of in which place

(ii)A
the

for

whose
to

apprehension
been

such

warrant

as

is in

section sub-

provisional

(i)referred
said M^arrant,
Part II if

has

issued

endorsed in accordance duly authenticated Imperial Act, or under a provisional warrant issued by a Magistrate in the Federated Malay States in pursuance endorsed warrant II of the Imperial Act, and of Part a so or a issued shall be a sufficient so authority to provisional warrant Malay States the person apprehend within any part of the Federated therein before the Magistrate who and to bring him endorsed named other Magistrate in the Federated issued the warrant or some or Malaj^ States to be dealt with according to the provisions of Part II of the Imperial Act. udth
of the
of

may and

be

apj)rehended

under

Betum

8. When Act that

or a

an

order

is made

in pursuance

of Part Section

II of the returned

Imperial
to

prisoner to Colony or agreeing State.

E. 5of 191G.

person to
an

Colony
into any the
one

apprehended agreeing State

of the persons

under and
to whom person to

7 be

the

be

for the may

that

custody
or more

purj)ose is addressed warrant

delivered
or

of them,
sea or was

such

be held
or

conveyed
which
Endorsement
the Federated States to a issued
or

by

otherwise issued.

the

Colony

custody and agreeing State in

in

the warrant

in of

Malay
summons

witness in the
an

the prosecutor or defendant law in the Colony or in an

Colony afpreeing

State.

of behalf on required to give evidence offence on a charge of an punishable by agreeing State is or is suspected of being in or his way to the Federated on Malay States, and a Judge, in other officer the or Magistrate, Colony or in such agreeing State, as have the case who would lawful authority to issue a sumbe, mons may the witness if witness attendance of such such were requiring u-ithin his jurisdiction has issued a summons for the attendance of such witness, a Magistrate in the Federated States if satisfied Malay that the issued summons was by a Judge, Magistrate, or officer if he think fit, endorse having lawful authority as aforesaid may, 9.

(i)Where

person

the

summons so or

with

his

name,

and the

the

witness

on

service

of the and
on

summons,

endorsed,
tender

within
a

Federated
amount shall
summons

Malay
for his to

States
expenses

payment

of

reasonable
in

shall

obey the punished

shall be
a

summons,

and State

default
the

be

liable
was

be

tried

and and of

in

the

wherein

endorsed for the failure

liable to the
to

punishment imposed by
a
"

law

witness

obey
other

such

summons.
"

(ii)The

expression
or

summons

in

this

section

includes of
a

subpoena

process

for

requiring the attendance

OF
offence from

any witness.

TRIAL,
Offences

ETC.,
of and
be
an

OFFENCES. committed
the
on or

10.
on

committed boundary
Federated

of

distance

accused person of five hundred

Avithin

the
the

yards
any

boundary
dominion

between

Federated
ance

Malay
and

StatP3

British

of the

dominion.

Federated

Malay States Imperial Act Malay States.

British

may,

apprehended, tried,and punished

in jjursuin the

FUGITIVE

OFFENDERS.

51
offence
in
or

11.
any

Where

in in

any

British

Dominion
any

an

is committed any

on

offences ^'^"'^

employed in a journey or on board any p^*."^"!^ employed in a navigable river, lake, canal, or Malay states inland cart, vehicle, or vessel passed dominion!^ navigation, and such carriage, of the journey or voyage in the course during which the offence was committed Malay States, the through any part of the Federated of accused such offence in of the Imperial person pursuance may, Act be tried in the Federated Malay States ; and where the side,
whatsoever
,

or person cart, or vehicle

respect of

property

upon

carriage,j^oSmj

vessel

whatsoever

bank, centre,

or

other

part
the

of the

road, river, lake, canal,

or

or

inland in

navigation
the
the in
course

along which
of such

cart, vehicle, carriage,

or

vessel

passed

journey

voyage
a

is the may

Federated the Federated A

person

Malay States, Malay

accused whatever of

person

boundary of any be tried for such

part of
offence

States.
Trial of offence

the oft'ence

committing in any British dominion it is known) of swearing or making name (under false of or deijosition, giving or fabricatingany false evidence, any the in for of the Imperial Act or of this Enactment purposes may, if such is of the Imperial Act deposition or evidence pursuance used in the Federated Malay States, be tried in the Federated Malay
States. 13. Where of
any

12.

s4eSng
or

giving false

part of

this

Enactment Federated outside

the

or

of the States and

Imperial
of
a

Act

supplemental

provides
accused such

for the
an

trial in the be tried

Malay

person

triaifu""'*^
offence

"

offence committed
in any

Federated

Malay States, Stlr'^states for

such offence

person may all purposes punishment of such

of the said States

to the

for shall, and

of and
person

incidental and
or

matters

preliminary
of and other
of the

thereon any
any

and

incidental of such

apprehension, trial,and ehTwhere. of and incidental to any proceedings incidental thereto or consequential of any to the jurisdiction Court or of
reference
to

police or
person
in any of the
a

officer with

such

offence, and
been

to

accused

offence, be

deemed States
in

to have

mitted com-

Federated
or

Malay

which

the

person

accused 14. of
an

offence is to be
warrant

is tried for it.

Where offence

for the endorsed

apprehension
in the

of

person

accused States
as

issue

of search

has this the of

a

been

Federated

Malay

^'*"*"*^-

provided by
Enactment
or

Enactment the Imperial Act where this or or for the trial in the Federated Imperial Act j)rovides
person accused

Malay
the

States

of

an

offence

committed

outside

and Court Malay States, every Magistrate in the Federated to issue a warrant Malay States shall have the same power for any to be otherwise be stolen to search to or property alleged taken such otherwise to be the obtained or or unlawfully by person if of such offence that would have Court as or subject Magistrate the been had stolen otherwise taken or or unlawfully property had been obtained, or the offence committed, wholly within the jurisdictionof such Court or Magistrate. 15. Where States
a

Federated

prisoner is
and

in

legalcustody
person is

Malay
Act
or

either

in pursuance

in any of this Enactment

of the Federated
or

Bemovai

of

of the be

otherwise

such

required

to

removed

Imperial from'crae piaco in pe^e"ated'"

if
a

custody to another place in subject of any of the Rulers

removed
in any

any

of the
such

said States, such

person,
may

Malay

states.

of the

Federated
a

Malay States,

be in

vessel and, if not

subject, may

be removed

52
any

No.
vessel
or

15

OF

1915.
said Rulers reaches
the
or

belonging
to

Majesty

any

to any of their

of the

to

His

Britannic
be deemed

respectivesubjects and
until he

shall

to continue

in

legalcustody

place to which

he is

and required to be removed who has the of a prisoner of the Imperial Act A\ith respect to retaking of the trial and a punishment escaped and with respect to person guilty of the offence of escaping or attempting to escape or of of a prisoner escaping abetting such offence shall apj)lyto the case if he aforesaid in like manner while being lawfully removed as as issued or endorsed of a warrant in pursuance were being removed in pursuance of the Imperial Act or of this Enactment.
; and

the

provisions of this Enactment

SUPPLEMENTAL.
Endorsement warrant. of

16. States

(i) An
as

endorsement

of

warrant
or

in

the

Federated Act

Malay
shall be
all

provided by signed by the authority endorsing

or

this Enactment

the

Imperial
and and

the

same

shall authorize of the

any

of the the

directed and also every police originally the warrant within officer of the Federated Malay States to execute in it the Federated Malay States by apprehending the person named State or in and bringing him before some Magistrate in a specified the of the Federated be, whether Malay States, as the case may any other Magistrate ; in the endorsement some or Magistrate named
to

whom

persons warrant

named
was

in the

endorsement

persons

such
Process death
affected un-

endorsement

may

be in the form of this Enactment

in the

second

schedule.

For (ii) every made shall remain

the purposes
summons,

and process
or

of the and

Imperial
every

Act

by
or

ment retire-

warrant,

subpcena,

and

ment endorse-

of officer

issuing it.

of this Enactment in pursuance in force notwithstanding that

or

of the person

the
or

Imperial Act signing the

office.

warrant,
Conveyance
fugitive or prisoner and
witnesses to British dominion. of

process,
a

such

endorsement

dies

ceases

to hold

17.

(i)Where
dominion

of this Enactment
sea

or fugitive prisoneris ordered to and of the Imperial Act

under
be

the

provisions
to

returned

any

by

British

in pursuance

of Part
may

I be

or

Part

II of the
in

Act,

such

fugitive or
to

prisoner
Rulers

sent

thither

Imperial ship any

Malay States or to any His Britannic Majesty or to any of their respectivesubjects. that any such fugitive or prisoner being a subject of Provided of the Federated Malay States may be sent thither any of the Rulers in any ship. aforesaid the authority signing a warrant For the purpose (ii) for the return order the of any ship belonging to any of master may the fugitive or such subjects bound to which to the British dominion belonging
of the of the Federated

prisoner
person master

is ordered

to be returned

to receive

and

afford

of

Duty of master ship conveying

or

fugitive prisoner
returned Federated to

Malay

States.

fugitiveor during having him in custody and to the witnesses, so that such than one be not required to receive more fugitiveor prisoner than hundred his for every tons of ship'sregistered tonnage or more for every witness tons of such tonnage. one fifty of every The master (iii) ship which shall bring to any place in the Federated States a j)assage a Malay fugitiveor prisonerto whom the provisions of the thither on such ship has been afforded under relatingto the Imperial Act or of a law of any British dominion of fugitivesor of the in return Imperial Act prisoners pursuance
subsistence

the voyage

to such

and passage the and to prisoner

a

54

No.
a

15

OF

1915.

standing that
to try him.
Eemoval of

Court

in the

Federated

Malay

States

has

jurisdiction

triable person elsewhere in British dominion.

accused of an offence is in custody in the a person (i)Where the for or in respect of and is one offence Malay States, thereof of the of the nature or which, by reason place in which it was under the Imperial Act committed or otherwise, a person or may

22.

Federated

otherwise

be

tried elsewhere with

in

British

dominion,
other
be

and

warrant

is

issued in accordance the which

Sending
back

the provisionsof the

to
some

Act Imj)erial

directing
in

removal he
can

of such

offender

British

dominion

be tried, the offender

in

may

returned the

accordingly, Imperial Act a Malay States is Malay States

the witnesses and
to the to all the

(ii)Where
person removed
if on

pursuance
of
an

of the

provisions of
to the
to

of persons removed to Federated

accused
from

offence

triable in the Federated dominion Federated

any

British

Malay
not
or

States

prosecuted

the

ground that, having regard prosecution

and the defence such

the
are

place where
to be

acquitted.

for the

found

circumstances

of

of the case, such justice, person,

removal

is conducive
or

interests in in the like

if not
may be

prosecuted
sent

acquitted
of cost

Federated
manner as

Malaj^ States,
if he had
been

back

free

returned

to the

Federated

Malay

States

in pursuance
Saving
Criminal Procedure Code. of visions proof

of Part

I of the

Imperial

Act. contained Code

in

Nothing in this Enactment Procedure provision of the Criminal Federated Malay States relatingto
of the said States the said States. First ENACTMENTS
I.
"

23.

shall force
or

affect

any

the

service

any execution in any

in

of the
in any

of any

summons

or

warrant

issued

other

of

Schedule. REPEALED.
ENACTMENTS.

STATE

FUGITIVE

OFFENDERS.

55

II.

FEDERAL
"

ENACTMENTS.

Second

Schedule.

FORM

OF

ENDORSEMENT

OF

WARRANT.

To

A.

B.,

Deputy
officers],
and
You

Commissioner
and

of

Police,
Officers
to

and of the
execute

[names
the within this the said
at

of

other

particular Malay
is

all
to all

other
the

Police persons authorized

Federated
warrant warrant

States,

also
are

whom
to

directed. the
herein

hereby Malay

within

Federated
and to

States
him

and before

to

apprehend
the

named

bring
in

Magistrate
^^
states

or

some

other
to

Magistrate
law.

the

FedemS

M;iaV

be

dealt

with

according

Resident.

Magistrate.

ENACTMENT

NO.

16

OF

1915.

An

Enactment Roman

for Cathohc

the

Incorporation
of Malacca.

of

the

Titular

Bishop

Arthur

Young,
President

[27th November,
the Federal Council. 3rd

1915.

of

December,

1915.]

It in

is

hereby
as

enacted follows

by
:
"

the

Rulers

of

the

Federated

Malay

States

Council 1. This

Short
commence-

title

and

Enactment

may

be

cited

"

as

The

Titular

Roman and

CathoHc shall
come

ment.

Bishop
into

of Malacca
on

Incorporation pubUcation
of Malacca shall
Roman be
a

Enactment,
in

1915,"
Gazette. the and

force The
XV
"

the

thereof

the
in

The

Eoman

2.
Bishop
to

Bishop
of 1910 Titular

incorporated body Bishop

have to time and

Colony
shall
'"

by by
have

Ordinance the
name

Catholic of Malacca be
a

No. of

corporate

body

The

Catholic and
may time

of Malacca
use a

perpetual
seal

corporate.

succession

and
seal to may

shall from
said

corporate

and make

the
anew,

said
as

break,

change,

alter, and

the

is

hereby
and

the said fit, and seem Corporation may to acquire, purchase, take, hold, empowered immovable

tion Corporaand

enjoy
to

movable
convey,

property
and

of
up,

every

description
demise,
immovable
terms
as

and

sell,

assign,
or

surrender

yield
of any

mortgage,
or

re-assign,
property
the said

transfer,
vested

otherwise

dispose

movable upon

in

the
may

said
seem

Corporation
fit and Courts

such
sue

to in

Corporation
such 3.

may

and

be

sued

respect

of

property
All

in

all

of Justice.

Vesting

of

immovable

property.

heretofore vested
name

granted,
in
"

Federated within the property transmitted leased, transferred,

of

Malay
to
or or

States

otherwise
the

The

Bishop
without resident

Malacca,"
the time

whether

with

without

of

the
with
"

Ecclesiastic
or
"

for
the in the

being
of

holding
words
"

the

office, and
Roman vested

whether Catholic
in

addition Straits
the

the

Titular
is

or

Settlements,"
estates

hereby

the

said
the

Corporation
same

for

respective

and

interests

for

which 4.
seal.

is holden.

Use

of

the

All

deeds,

documents,

and shall

other
be

instruments

requiring
the

the
the

seal

corporate

of

the

said

Corporation
in the presence
or

sealed Roman

with Catholic

seal

of

said

Corporation
for
the
tune

of the

Bishop by
and
or a

of Malacca
power

being
within said the
as

his the

attorney
Federated for such said the

duly
time

authorized States

of
be
so as

attorney

valid

Malay signing
seal
was

shall

also

signed
authorized sufficient
and that

by

Bishop
and
the

being
shall

his and

attorney
be

aforesaid,
that
is the

be

taken

evidence

duly
the said

and

properly

affixed

the

same

lawful

seal
66

of

Corporation.

ENACTMENT
Enactment

NO.

17

OF

1915.

An

of the Printing provide for control and works other and of periodical Publication the preservation and registrationof Books.
to

and for

Arthur

Young,
President

[27th November,
of the
Federal Council.
1st

1915.

January,

1916.]
States

It
in

is

hereby
as

enacted follows
Enactment

by
:
"

the

Rulers

of

the

Federated

Malay

Council 1.

(i) This
in the

may

be
come

cited
into

"

as

The

Printing
upon the

and

Books

s^^'j^^jj^^^jj
and^eplal^^"
'

Enactment,
thereof

1915,"

and

shall

force

publication

Gazette.

(ii) Upon

the the

coming
schedule

into

force be

of this

Enactment

the

Enactments

specified
3. In

in

shall unless
every

repealed.
the
context

this

Enactment,
includes

otherwise
or

requires,
of
a

"book"

volume,
of

part
map,

division chart trade

or

volume,

interpretation.

pamphlet, produced,

newspaper, but does

or

sheet
not

music,

plan separately
circulars,
;

include

price lists,
or

trade

advertisements,
"

other

legal
to

business
means

documents

printed,"

as or

applied
any

books,
like

lithography, corresponding
3.
or

other

process,

produced by printing, has and a "printer"

meaning.
printing
and

of

whatever containing public news printed periodical work be shall comments published unless the provisions on public news in respect thereof. been this shall have section complied with

(i) No

newspape^."^

(ii) The
shall
work appear shall

printer
before be

and
a

the

publisher
of make
shall

of
the

every

such

periodical
which
in

work such the

Magistrate
and
:

State

within

published

and

subscribe

duplicate

following
"I,

declaration A.

B., declare

that

am

the of

printer

and and

publisher] printed
at
"

the

[or

printer [or publisher or entitled periodical work and or printed published

published]
The
true

last and

blank

in

this

form of

of declaration
the

shall
where

be

filled up the

with

a or

precise

account

premises

printing

publication
As (iii)
new

is conducted.
as

often

the

place
be made.

of

printing

or

publication

is

changed

declaration

shall
as as

(iv) As
such

often

the

printer

or

the

publisher
the

who

shall

have

made States

declaration

aforesaid

shall
57

leave

Federated

Malay

58
a new

No.
declaration
the shall be

17
made

OF

1915.
a

by

printer or

publisher resident

within
Penalty,

Federated person
or

Malay
shall

States.

4. Any

who

(a) print
the

publish

in Section

any 3 without
or

such

periodicalwork as is referred complying with the requirements printed

that the

to of

said
or

section,

(6) print
such the

to be publish or cause work periodical knowing section

or

published

any

said

have

not

been

requirements of complied with in respect

thousand
term not

of such shall
be liable to

work,
five hundred

dollars years.
Declarations to be Court

and

to

fine not exceeding two a simple imprisonment for a

exceeding
made

two

5. (i) Each subscribed the

of the

two

originalsof
with

every

declaration
be

and

deposited
and Court.

in accordance

Section
of

3 shall

authenticated

in Maiiistrate's

by
the

signature and

official seal
been the

the

Magistrate
and of the
one

before

whom

Supreme

said declaration shall be and the

shall have

made,

of the

said

deposited among other originalshall

Court.

records
be

office of the
the

originals Magistrate
of the

deposited

among

records

Supreme
to

The officer in charge of each originalshall allow any (ii) person and shall cents inspect that originalon payment of a fee of fifty give to any person applying a copy of the said declaration, attested has the custody of the original, on by the seal of the Court which

payment
OflBce copy declaration be evidence. of to

of

fee of
to

one

dollar. Section

6.

Subject
to in

the

provisions of
civil
or

7, in any
a

legalproceeding
declaration
as

whatever,
referred

whether

criminal, a
the

Section

3 attested to be

by this

Enactment

have

by custody
be

of such copy the seal of some of such

sufficient
to

is

Court

empowered
shall

declarations

(unlessthe
person said person

contrary
name was

proved)

whose

shall be subscribed

such

evidence, as against the declaration, that the

printeror publisher or printerand publisher(according of the said declaration be) of every portion of as may the title shall correspond with the periodicalwork whereof every in the declaration. work mentioned title of the periodical
the words
Procedure when who persona have scribed subtions declaracease

7. (i) Any
is referred

person

who

may

have who
may

subscribed

such

declaration

as

to in Section

3 and of

printer Malay

or

publisher
may

to
or

be

printers

declaration States
:

appear

publishers.

and

make

to be the subsequently cease the periodical work in such mentioned before in the Federated Magistrate any and in duplicate the following subscribe

declaration
"

I, A. B., declare

that

I have
"

ceased

to

be

the
the

publisher
work

or

printer and
the

publisher] of
latter

printer [or periodical

shall be

entitled
two

(ii)Each
authenticated whom
the

of

the

by
with

the

originalsof signature and

been oricrinal

declaration

seal

of the
one

same

shall have
each

made, and

Magistrate thereof original

before shall

be filed along

of the former

declaration.

PRINTING

AND

BOOKS.

59

The (iii) of the has

shall allow
a

of the latter declaration charge of each original that to on applying inspect original payment any person fee of fifty shall give to any cents and appljdng a copy of person said latter declaration, attested by the seal of the Court which the custody of the original, of a fee of one dollar. on payment

officer in

(iv) In
of shall latter be

legalproceeding in which a any the former shall have declaration

to

copy, been

attested
in

as

said, afore-

be lawful

put

in evidence the

copy,

attested

as

it put aforesaid, of the be taken to

evidence

declaration
that latter

; and

former
was

declaration
at

shall not

evidence of the
therein

the declarant declaration

any

date work

printer or

period subsequent publisher of the periodical

to the

mentioned.
book
or

8. (i) Every Federated

be
or

Malay
on one

States side of

printed or paper shall bear upon the

or

published
front
or

within if the

the
same

Name

and

printed
paper

only
more

upon

the
one

first

page, last leaf if the

pri^tefa"ud
publisher
aud to

book
in

shall consist

than

leaf,in

legiblecharacters

papers.

the

of the printerand and address English language the name the and and of publisher place of printing publication.

of the

Any (ii)
otherwise

conformity five hundred be liable to a fine not exceeding two thousand and to simple imprisonment for a term not exceeding two keep
who in

person than in

who

shall

print
with

or

the

publish any provisionsof

book

or

this section

paper shall

dollars
years.
No

9. (i) No shall person printing of books or papers

his

possession any
have made such

shall not wherein

press for the and subscribed

may

^^^"

printing ^^ ^^^^

Magistrate following declaration

a
"

before

of the
:

State

press

be

the

declaration

I, A. B., declare

that

I have

press

for

printing at

"

The true

last blank and

in this form

of declaration
the

precisedescriptionof
person who shall

premises
in his is

where

shall be filled up with a such press may be.

(ii)Any
without
shall dollars years.

making
liable

be

and

to

possession any such press (i) prescribed by sub-section five hundred to a fine not exceeding two thousand simple imprisonment for a term not exceeding two keep
such declaration
as

10. Any person provisions of this liable to

to

who

shall in

Enactment

under making any declaration knowingl}' affirm an untruth shall thousand

not five hundred two

the
be

penalty

for

^^i^ation.

a fine not exceeding simple imprisonment for a

two term

dollars and

exceeding

years.

is Two copies of book which of every printed copies of the whole Malay States after the defivere'd't published in the Federated of this Enactment commencement together with all maps, prints,or Government. in the other engravings belonging thereto, finished and coloured the best copies of the same are manner as same produced, and also of any second or subsequent edition which is so produced with any be in letterpress in the the same additions or alterations, whether or the whether other thereto and or prints, engravings belonging maps, of such first edition book be produced before or after the commencement

11.

(i) Two
or

printed

of after the

this
on

Enactment,
any

shall

within

one

calendar
out

month

day

which

such

book

is first delivered

of the

60
press, and

No.

17

OF

1915.

the book be pubHshed) notwithstanding any agreement (if be delivered free of charge the printer and pubHsher thereof, between sewed stitched together and or by the printer or publisher bound, the same is printed at such place and which the best paper on upon to such officer as the Chief Secretary to Government, by notification
in the

Gazette, from

time
or

to time

directs.

(ii)The
within
a

publisher
reasonable

other

time

person before the

supply
coloured

the
as

printerwith
the

all maps,

employing the printer shall expiration of the said month and engravings, finished and prints,
to

aforesaid, which

may

comply
the
same.

with

requirements
any

be necessary of this section.

enable

him

to

The (iii)

officer to whom

provisions of
One of such

this section

shall

copies of books are delivered under give a receiptin writing for the
to the

Disposal
two

of the

12. British

copies shall
and

be transmitted
the

Trustees

of the

copies.

Museum

in London Museum

the Government
Eegistration
memoranda books. of of

at Kuala

copy Lumpur in the State

other

shall be

deposited in of Selangor.

Museum 13. There shall be kept at the said Government at Kuala A Catalogue of Books book, to be called a printed or Lumpur shall be registered, published in the Federated Malay States," wherein the provisions of book under after the be as as soon delivery any may
"

of this

Enactment,
shall

memorandum
as

of such

book, which
the

andum memor-

(so
that

far

particulars
"

may is to say

be
:

practicable)contain
the contents of such

following
with when

(1) The
a

title of the

book
into not

and

of the title page, title and

; ;

translation
same are

the

in the

English English language

the book
is written
or

contents

(2) The (3)

The

language
name

in which

of the author, translator,

editor

of the book

(4) The

subject ; place of printing and

name or

(5) The
(6) The (7) The (8) The (9) The

the

place of publication ;
the
name or

firm

of the

printer and
or

firm of the

publisher ;
date of issue from the press
or

of the
;

publication ;

number size ;
number

of sheets, leaves,

pages

(10) The
(11) The (12) The
Publication memoranda of

of the edition of

number

copies
the

of which

the

edition

consists

and

price at
memoranda shall be

which

book

is sold to the

public.
quarter
in

14.

The

catalogue
the end 15.
delivery non-

registeredduring each published in the Gazette as

the

said

soon

as

registered.

may

be after

of each

quarter.

Penalty
books
or

for of

Every printeror publisher who

such book
as

neglectsto
Section
to

deliver
or

two any

copies
second
in

by printer publisher.

of any
or

is referred of any

to

in

11,
the
a

of

subsequent

edition

such

book,

officer

and

the

manner

hereinbefore

prescribedshall

be liable to

fine not

exceeding

twenty-five dollars.

ENACTMENT

NO.

20

OF

1915.

An

Enactment

to

provide

for

Malay States of certain Foreign Marriage Act, 1892,

Arthur

receipt in the notices of marriage

of the United

the

Federated under the

Kingdom.
1915.

Young,
President

[27th
the Federal Council. 10th

November, November,
Order made
"

of

1916.]

Whereas Britannic

by
Act,

regulations
in

contained under the

in

an

by
"

His

Majesty Marriages
to

Council of
the in

Marriage

1892,"

United

provisions of and Kingdom

1913,"
where
a

The

Foreign
The

entitled
is

Foreign the procedure

to 2 be

Order
be

Council,
in
cases

provision marriage
both of

made

for

followed
the

is intended of

solemnized said been

whereas

under Act
in

said
of
:

Act

but

the

requirements
of

Section

of the
not

respect
with

the

residence

the

parties

have And

complied by
if the

Article

13
in is
a

of

the

said

Order
at

in

Council
the
a

it

is

provided

that

place
dwelt
be the

foreign country
within the

which of be

resident non-

party has officer, the notice

person

not

district
may receive up

marriage
to any
;

to

given

by

that

party
to

given
such

authorized such
a

by
may

Secretary
notice

of State and been

notices

and

person

receive,
the

enter,
has

post
so as

such and
were

notice

and
up

give
and

certificate he is

that
unaware

given
if he

posted
a

that
:

of any

impediment,

marriage

officer
And

whereas

the

Federated

Malay
the

States

are

not the

within said of
a

the

district

of

13, and
to to

it is in

marriage expedient
the Article

officer, within
to

meaning
such them

of

Article person referred

provide Malay
to

for

the

appointment
notices
in the
as manner

receive in

Federated
13

States with

are

the

said
:

and

deal

thereby

authorized It
in is

hereby
as

enacted
follows

by
:
"

the

Rulers

of

the

Federated

Malay

States

Council 1. This

Short
commence-

title

and

Enactment

may

be

cited

"

as come

The

Foreign
force
on

Marriage tion publica-

ment.

Notice

Enactment,
thereof
in

1915,"
Gazette. the

and

shall

into

the

the
to may

Appointment
an

ol

2.
to

(i) Subject

provisions
time to

of Section
time in

3, the

Chief
in

Secretary
the Gazette
to 13 to

officer

to

Government
any proper

from officer
to

receive of and

notices

by
the
such

notification

marriage,
his duties.

appoint
be of the
"

public
person

serving
receive

Federated
notice
as

Malay
is

States Article

any in

by

Foreign Marriages Order be given by a party to a marriage The Foreign Marriage Act, 1892,"
"

The

Council,
to

1913,"
be

authorized under

intended
in
a

solemnized the

place

outside

Federated

62

RECEIPT

OF

NOTICES

OF

MARRIAGE.

63

Malay
situate

States
in the

when

the

place Malay

at

which

such

party

has

dwelt

is

Federated
be the

States. shall and be

(ii) marriage

The

notice

to

given
notice

signed
shall of
state

by

the the of

party
name,

intending
surname,

who

gives
condition,

profession,
whether each

and

residence
is
or

each
a

the

parties

and

of

the

parties

is

not

minor.

(iii)
any archives

An

officer
notice

appointed
as

under
file

sub-section
the
same

(i) shall
and

on

receiving
with the

such

aforesaid and
in in
a

keep
of the

it

of forthwith
and of such

his

office
enter

shall book
some

also,
of
notices

on

payment
to

prescribed
him
for the true

fee,
purpose, copy

be

kept
in

by
his

post
notice

up

conspicuous keep
the

place
same so

office,
up

and

shall

the

posted
is

during

fourteen

consecutive

days
book
the

before

marriage
be
open person. at

solemnized.

(iv)
without

The

said

and

copy

shall of any

all

reasonable

times,

fee,
An
as

to

inspection appointed
has been that is

(v)
notice

officer aforesaid
a

under

sub-section
shall
on

(i)
of

to the

whom

such

given
the notice

payment
been
so

prescribed
and

fee
up

give
and

certificate he

has

given
which

posted
should

that the

unaware

of
of

any

impediment

obstruct

solemnization

the

marriage.
under Section
2

3.
sanction

No

officer
of and in
one

shall of
His sanction Gazette

be

appointed

without Secretaries
shall

the of be

Sanction

of

Britannic
so

Majesty's given
the
to any

Princii^al appointment
is

ltate!^'^"^

State,
notified

such

the

when

appointment

published.
notification
Enactment in

4. Gazette mode

The

Chief

Secretary
the fees

to to

Government
be

may

by
this

the the

Fees.

prescribe
of

taken

under

and

disj^osal

thereof.

ENACTMENT

NO.

21

OF

1915.

An

Enactment residents of

to

provide

for

the

registrationof
States for the the estabHshment Force and of

certain

in tlie Federated and

Malay
for

military training
Force
to

purpose of
a

Reserve Guard.

the

Volmiteer

Civil

Arthur

Young,
President

[2nd
the Federal Council.
6th

December, December,

1915.

of

1915.]
States

It
in
Short
commence-

is

hereby
as

enacted follows Enactment

by
:
"

the

Rulers

of

the

Federated

Malay
Force

Council 1.

title

and

(i)

This

may

be

cited

"

as

The
come

Reserve
into

and
on

ment.

Civil

Guard

Enactment,
thereof the
purposes in

1915,'' and
the Gazette. Enactment

shall

force

the

publication
Interpretation.

(ii) For
Section deemed States.
17 to

of this Police of
Force the

persons

employed
shall

under
not

of
be

the members

Enactments,
Police Force

1905,

be

of the

Federated

Malay

REGISTRATION.
of

Eegistration
certain British

2.
is

(i) Every
and

male less

British

subjects.

eighteen
within

than
on

subject of pure fifty-five years

the
commencement

European
of age of
this

descent
in

who the

resident

Federated shall
in

Malay
fourteen Federated
shall

States

Enactment

the

such days thereafter, and every person after the States commencement Malay two

arriving
of
a

this

Enactment

within

months

after

arrival,
the State

make
in

return he is

Officer of signed by him to the Chief Police his of of birth, age, residing place name, date of arrival and military service, if any,

which

residence,
in the

Federated of

occupation, Malay
this ment, Enact-

States,

if such

arrival
to

was

after
in

the"

commencement

according
(ii) Every
from
one

the
person

form who

Schedule
shall

A.
his

such
to

change
within to the

place
Police

of

residence
after there-

State

another

State
in

shall

fourteen Chief

days

notify
each
such

such

change

writing

Officer

of

State. such
person who to any

(iii) Every

within
area

any
in

State

shall of which
within

change
a

his

place days
Officer

of

rc^sidence Section

from
3
or

or

respect
force

tion notificafourteen Police

under

Section
such

is

in in

shall
to

thereafter of such

notify
State. who
be

change

writing

the

Chief

(iv) Any
this section for

person shall

fails
liable

to to

comply
a

with
not

fine
the

of the requirements exceeding twenty-five

continues.

dollars

every

day

during

which
64

default

RESERVE

FORCE

AND

CIVIL

GUARD.

65
Britannic of the

(v)

This

section

shall

not

apply
of the of their of the

to

members
or

of His Police
and

Majesty's Navy or Army or Federated Malay States or shall not apply to members forty years of age or over.

Volunteer

Force

Reserves,

sub-section

(i)
are

existingCivil

Guards

who

RESERVE 3. (i) Subject to the subject of pure

FORCE. male
less
Liabilityof

British than

provisionshereinafter mentioned every European descent who is eighteen and

in
any

sub^ects^who
are ^IIQ

forty
State and
to

years

of

age

State
in
a

or

any

area

thereof
the to the

shall be
Volunteer

eighteen
less
Lllcill

liable, whenever
such Force
or

it is notified
to
men a

the

Gazette

that

Resident

of forty years

intends
to

estabUsh
to member
as

Reserve

Force

gervl'^inVe
Reserve
or

call out
as

undergo
of such be

military training in such

Reserve Force
-_-^

State
-I

Force

to

iiii(lGr*''0

area,

serve

or

to

undergo

military train*"^"

such under

military training
this Enactment.
soon as

may

prescribed by regulationsmade

As (ii) time

the

notification
such to

thereafter
the

while State
to

in the Gazette and at any appears notification is in force the Chief PoHce the

Officer of the
to

which

notification
Force
or a

relates
to

shall forward
other officer
names

Adjutant appointed by the

of those

the

Volunteer of such

any

Resident

State State the

list
or

containing the
the
area

which from

resident in such persons the notification relates, as returns

in

thereof

to

case

may to

be, who
under

the

made

under

Section

be

apjoear the age of officer

B

forty years. The Adjutant (iii)

shall
number
summon

to him time

the
in

Volunteer
be
are

Force

or

such

other

before

writing in the
fixed
on names

form

in Schedule the

such

State

as may of the persons

from

to time

by
such

Resident

of such

Avhose summoned
of

list.
be

(iv) Any
the

person member

in

any

State

shall

exempt
or

from

liability imposed by
(a)
is
a

sub-section

(i)who

His
or

Britannic Police Reserves

Majesty's Navy
Force

of the

Volunteer
or

of the

Federated the said

Army or Malay
Reserve the

States

of their
of

(other than
other

Force)

(6) by

reason

sickness

or

infirmity appears
State
under this

to

appointed incapable of performing the duties of a member of the Reserve Force of undergoing military training ; or is such Committee (c) exempted by ; or is exempted by the Resident of such State, {(l) who is not exemjDt under sub-section (v) Every person summoned officer elect of the Adjutant or such other (iv) shall in the presence member of such Reserve Force to to serve as a or undergo the prescribedmilitary training. member summoned who elects to serve as a (vi) Every person
to

Committee

for

such

ment Enact-

be

of such
set forth other such

Reserve officer

Force

shall

take

the

oath has

or

make the
such

the declaration

in Schedule
or

C to be
any

administered

by
taken

Adjutant
oath
or

or

such made
"

by

officer who

declaration.

?* ;^^'^''''lt*'," Volunteer
Tlie
"

4. The Sections
Ill
"

provisions of
3, 5, 6, 7, 8, and
5

The

Volunteer
of the

Enactment,

1913," except
shall

f9'\^J:"t'J'
Keserve Force.

26 and

regulationsthereunder

66

No.
to members of the

21

OF

1915.
in the
same

apply
were

Reserve

Force Force. GUARD.

way

as

if

they

members

of the

Volunteer

CIVIL
Liability of
certain British who

5. (i) Every

male and the

is

British

subjects
are

eighteen
less than to in the Civil

and

fifty-five years
of age
serve

being eighteen being subject to such subject who

less than

subject of pure European descent who forty years of age is not for the time liability imposed by Section 3 (i)and every and less than forty fifty-five years of age in
it is notified
to

Guard.

thereof shall be liable, whenever State or any area any that the Resident in the Gazette of such State intends
a an

establish
to

Civil Guard

in such

State

or

area

or or

to

apply
to

this Enactment
serve as a

existingCivil
As (ii)
soon as

Guard

in such

State

area,

member

of such

Civil Guard.
the while

notification
such to

appears

in the

Gazette

and Chief

at

time

thereafter of the him from

in time

notification
the the

is in force, the relates

any Police

Officer

State

which
in

notification
in

shall

summon as

before
may the

writing
to

form

Schedule Resident
of the

such

number State
in

time to
serve

be

fixed
as

by

the

of such

of

persons State or area.

liable

members

Civil Guard

such

(iii) Any
such
service

person
who member

summoned

in

any

State

shall

be

exempt
or

from

(a)

is

of His
or

Britannic Police

Majesty's Navy
Force
;

Army

or

of the States

Volunteer
or

of the

Federated

Malay
to

of their
of

Reserves
or

(h) by

reason

sickness

other such

infirmity appears
State under this of
a

the

Committee
to be

appointed incapable of performing

; ;
or

for

ment Enact-

the duties

member

of

Civil Guard

by such Committee is of {d) exempted by the Resident summoned who (iv) Every person
shall (iii) in Schedule
Powers Quard. of Civil

(c) is exempted

such
is not

State,

exempt
declaration Police

under
set

section subforth

take

the

oath

or

make

the Chief

C to

be administered

by

the

Officer.

for the

of the Civil Guard shall have the same Every member powers preservation of the peace, the prevention of offences, the and shall enjoy apjirehensionof offenders and for all other purposes the same of and immunities members the privileges, as protection, the Police Force under the Police Force 1905, Enactments, engaged except as to pay, pension, or other reward. 7. The
under the other

6.

Control Quard.

of Civil

Civil

Guard
of
as

in

each Chief

State,
Police

or

area

of

State, shall be
State and of
in may

control officers

the the

Officer

of such State

such that
Appointment
instructors. ol

Resident

of such

appoint
time to

behalf. Chief
suitable

8. The

Police

Officer in each
to in be

State and

may

from

time

appoint shall give

members 9. Such Chief Government

persons instructions

instructors

of the
in

Civil Guard, drill to

who the

musketry

squad

of tlie Civil Guard. arms,

Supply

of

ammunition,
to

ai)pointmcnts, and
directs member shall
be

etc., by arms, Goverument.

Secretary

Government
use

clothing as supplied by

the the

for the

of each

of the Civil Guard.

RESERVE

FORCE

AND

CIVIL

GUARD.

67

MISCELLANEOUS. 10.
time

In

each

State

Committee
the

consisting of the
in the

Officer for the officer

Appointment
Committee.

of

Colony or an being acting as and of not officer deputed by him of Pohce Commissioner or an be to less than three persons five and than not appointed more of the State shall discharge the duties imposed on by the Resident and by any such Committee regulations made by this Enactment being commanding deputed by him and of
troops
the officer for the
time

thereunder.

11. (i)The

Chief

Secretary to
the under
to duties

Government
to be

may

make

regulations Eeguiations.
Committees and

(a) prescribing

performed
;

by

appointed (b) with

and

this Enactment

respect
of

the

duties, leave, training,discipline,

of
a

discharge

of members persons

Reserve

Force

and
to

Civil Guard

those

who

have

elected

undergo

the

prescribed mihtary training ; ammunition, apj)ointrespect to the supply of arms, and persons and clothing to such members ments, ; into effect, {d) generally for carrjdng this Enactment member to every A copy of such regulationsshall be furnished (ii)
(c) with
of
a

Reserve
to

Force

and the

Civil Guard

and

to

every

person

who

has

elected 13. who

in

undergo

prescribed military training.

under
omits
a

Any
summons

without the

person reasonable

summoned
excuse

Section
to appear fine not

Section or (iii)
at the

(ii)penalty

for

shall be liable to

place specified g^^fonl"''^^ exceeding twenty-five

under Section Section member
3

dollars. 13.
or or

Any
take
Reserve

person
5 the

summoned who
or or

who refuses make

is not to elect

exempt
as

(iv)

penalty

for

Section
to

and (iii) oath Force

required by
as a

the

declaration shall be

3 (v) of

^f^tike oath
or

make

such
fine

Civil Guard
a

liable to
two

imprisonment
or

of either
not

descriptionfor exceeding one

fine.

term

not

exceeding
or

months such

to

hundred

dollars

to

both

ment imprisoncalled upon

penalty
for

and

14. (i) Any member

to serve,

of

Reserve

Force
excuse

or

Civil Guard

"" ordersf neglects or refuses to serve to obey any lawful orders, regulations, directions,shall be liable or or not exceeding two to imprisonment of either descriptionfor a term dollars hundred months to both such fine or to not exceeding one or imprisonment and fine. Any person who, having elected to undergo militarytraining, (ii) lawful reasonable to obey any excuse neglects or refuses without directions shall be liable to the punishment or orders, regulations, prescribed in sub-section (i).

who

without

reasonable

at
or

15. (i)All arms, ammunition, appointments, and clothingsupplied Penai^for Force of a Reserve and issued to any member the public expense detention, sale, Civil Guard shall be and
any undergoing military training anyone and shall the property of the Government by exhibited, and delivered to any person authorizad
or

to

in

p^'^erty?''

State
be the

remain

produced,
Resident

of such

State

to

inspect

or

receive

the

same.

(ii)if

with, sells,pawns, fully wrongwilfullymakes away any person to issued loses or anything or negligently destroys damages,

68
him who
as a

No.
member elected of
to
a

21

OF

1915.
or

Reserve

Force

Civil Guard

or

as

person

when
any

undergo militarytraining,or refuses or neglects lawfully required to produce, exhibit, or deliver on demand this to under Enactment he is liable produce, thing which
has
or

exhibit,
before

deliver, the
Court
of
a

value

thereof

shall be
First the

recoverable

from

him

the

Magistrate of the
were a

Class, exercising criminal

of the
area,

as jurisdiction,

if it

fine,by

Adjutant
State
or

Volunteer he shall

Force

or

the

Chief
a

Police fine not

Officer of the

and

also be liable to
Penalty for purchase, etc.,
of public

dollars. exceeding fifty

16.

Any person who (a) knowingly buys

member of
on a

or

takes

in

exchange
or

or

in

pawn

from
or

any

property.

Reserve
or

Force from
or

Civil
person

Guard who has

acting

his behalf

any

person elected to

undergo military training, (6) solicits or entices any such

pawn,
or

member

or

person

to

sell

or

in or (c)knowingly assists or acts for any such member person sellingor pawning, or satisfactorily (d) has in his possession or keeping, without accounting therefor, ammunition, appointments, clothing,or other articles, arms, any be liable to a fine not shall exceeding fifty being public property,

dollars for every

Offers service. of

such
in

ofi^ence. Enactment
from

17.

Nothing

this

shall

be

taken
services

to

prohibit

the

Resident

subject or
as a

of any State accepting the other person within the prescribedages member Force of a Reserve Civil Guard. or

who

of any offers to

British
serve

Transfer Volunteers.

to

18.
Force

Any
or

person

who
or

for the

Civil Guard
the

Enactment obtains

join the may sanction written taking

the
"

of a Reserve being is a member this is undergoing military training under in any Force State provided he Volunteer
time

of the and

Commandant

thereof, and
the form of
so

after there-

upon

oath

signing

enrolment

provided
continues

in

The be

Volunteer
a

Enactment,
of such

1913," he shall
Volunteer Force

long as
to

he be

to

member

cease

subject to

this Enactment. Schedule A.

Date Name. Residence.

of arrival

Occupa-

Military
service

in

F.M.S.,

if
to

tion.

subsequent
commencement

(ifany).

of Enactment.

Dated

this

day

of

19
.

(Signature.)

ENACTMENT

NO.

27

OF

1915.

As

amended

by

Fed.

E.

15

of

1920.

An

Enactment

to

by

the

Government for

incorporate a Board for agricultural

terms

to

manage

loans and
to

provide
Arthur

certain

of such

furfoses loans.

Young,
President

[2nd of
the Federal Council. 4th

December,

1915.

December,
of
to

1915.]
four million
on :

Whereas dollars of

the

Government
money situate

has for the

in

set

apart
of Federated has

the

sum

public
of
a

making

loans

Planters States
in the

the
And

security
WHEREAS

lands

the
sum

Malay
utilized
been to in

portion
as

of

the

said
some

been have
in
a

making
in whole

of
or

such
in

loans

aforesaid
it is

of which
to vest

repaid
be

part
this and been
said

and

expedient
the

Board

constituted of the which balance for

to
accrue

under control have of

the

Enactment

rights
of the

of the
so

Government made and

respect
sums

management
and
sum

loans
on

of the and

shall of loans

be four
as

repaid
million aforesaid
on sums

account

thereof

of the

dollars and made

not

remaining
sums

available
or

the

making
due
sum,

of such
way
so revenue

of all
or

accrued
be

by
in

of far

interest
as :

loans have

to

made

from credited

the
to

said the

such

been

already

public
It in is

hereby
as

enacted follows

by
:
"

the

Rulers

of

the

Federated

Malay

States

Council

Short
commence-

title

and

1.

This

Enactment

may

be
come

cited

"

as

The
on

Planters such

Loans

Fund shall be

ment.

Enactment,

1915,"

and

shall

into

force
to

day
in

as

appointed
referred
to

by
as

the the
"

Chief Chief

Secretary Secretary
to
"

Government

(hereinafter
the Gazette.

") by notification
be the called Fund the
"

Planters' Fund.

Loans

2. Fund
shall

A
"

fund

shall

be

established referred fcnir

may to million
at
as

Planters'

Loans whereof
to.

(hereinafter
the
sum

")

the

capital by

be

of Fund

dollars time be

hereinbefore increased

referred resolution

E.

15

of 1920.

The

capital of
Federal

the

any

of

the

Council.

Control
Fund.

of

3.

The

control

and

management
be
less

of vested than

the
on

Fund behalf

shall, subject
of the
or

to

the

provisions
in
seven a

of tliis Enactment,

Government
more

Board

consisting

of

not

three

persons

than

persons.

The Loans

Planters' Board ; ; ;

4. of

Incorporation membership
Bale.

(i)

The

Board

shall

be

body

corporate
have

and

shall

by

the

name

"The

Planters'

Loans

Board"

continuous

succession

and

planters'
shall and
the may

loans

fund.

71
may

have deal
may

and
with
sue

use

common

seal and and immovable

in all Courts

dispose of, and

said
name

movable and
be sued

acquire,hold, property and by

in all
manner

and
matters

of suits
with the

and

incidental

do all other proceedings and may or appertaining to a body corporate provisions of this Enactment. members
in that

and

things

and

not

inconsistent

(ii)The
nominated of the
be

of the
behalf to be in

Board
time

shall be
to time not service.
as

such

from
so

by

persons the Chief

as

may

be shall

Secretary ;
half
of the the

members

nominated

more

than Chairman

officers

employed
be
a

the

public
nominated under

The

Board

shall

member

Chairman
section

by

Chief

Secretary.
in

All nominations

this

shall be

published

the

Gazette. of the Board nominated

Secretary for a shorter expressly retain their membership thereof for a period of five term, ordinarily shall be their but at to liberty resign membership at any time. years member leave the who shall Federated Any Malay States with the intention of being absent therefrom for a period exceeding two months the said States who from shall be absent for a period or shall be deemed ship. to have resigned his memberexceeding two months time be removed from the Board at any Any member may from the chairmanship thereof by the Chief Secretary by notification or
under
this section

Members (iii)

by

the

Chief

shall, unless

nominated

in

the

Gazette.
common

(iv) The
Board
member

seal of the Board

shall not

be used

except by the
seal of the

authority of

the Board.

Every
its
common

document

requiring the
the

shall be sealed with of the Board and

seal in the

the

Secretary to
and such affixed

of any one presence Board, each of whom sufficient the Board

shall also evidence and that

sign such
the
same

document,
was

that the said seal

is the

duly

signing shall be by authority of

Board.

lawful

seal of the

at any (v) Any question or resolution arising or put forward meeting of the Board shall be decided by a majority of votes, and in of an shall have second case a equality of votes the Chairman or casting vote ; any question or resolution so decided as aforesaid

shall be

deemed

to

be

decision

or

resolution

of the

Board. the Treasurer, Payment

to time

5. (i) The capitalof the Fund shall be paid over Federated referred to as Malay States, (hereinafter
to the

by
"

over

the time

Treasurer,") PundTdispos
be
of interest.

Board

in

such

instalments

as

may

from

necessary

for the purposes

of this Enactment.

Board shall pay half yearly during the to the Treasurer January and July in each year such part, not being more than of the interest three-quarters, payable to and received by the Board in respect of all capitalof the Fund be fixed from time as may to time by the Chief Secretary and notified to the Board. months
of

(ii)The

The (iii)
and

difference

between Board interest

in

the

amount of the

of

interest

received

by
and

the the

pursuance

the Board

payable to provisions of this

to the Treasurer

Enactment

payable by

72
under Board this
to section

No.
shall be

27

OF

1915.
at

allocated

the

discretion

of

the

(a) payment
and under

of necessary
of this

expenses
the

incidental and

to

the

exercise

performance

Enactment,
of
a

powers and Fund.

duties

of the

Board

(") the
(iv) The
for

constitution
moneys
to

Reserve

constitutingthe
the

Reserve

Fund

reimbursing arisingfrom of any loan which principalor interest due to the Board on account securities in any be unpaid and irrecoverable, for investment may for other the and Commissioner approved by High any purpose in writing. which the Chief Secretary may authorize specially
Fund
amount

the

of any

may losses

be

utilized

Transfer

to the

6. The

loans
on

made

of the Board control of certain loans.

charges
hereinafter

land called

which are by the Government hereto specifiedin the schedule

"

secured and the

by

the
are

which
ment commence-

existing

the

scheduled

loans

"

shall

on

of this of the Federated

or

Enactment

Board, and

Malay
Resident

the control and management pass under all powers and rights of the Government of the States or of any of them of the Chief Secretary or

of the

of any

State

in the

respect of
same

the

said loans

and

in

respect of the
powers
or

of "The

are charges whereby rights be expressed in the charges or implied by Government Loans 1910," or Security Enactment,

secured, whether

such virtue wise, other-

shall be transferred
Board

to and

vest

in and

may

be

exercised and

and

by
and and

the
more

Board

charges subject to the provisions of this Enactment, particularlythe undertakings set out in paragraphs (d)
and be
11

such

loans

and

shall be

controlled

by the managed

(c) of Section
set

of this

Enactment

shall, in lieu of the

Section be and
3 of
"

takings under-

out

Loans

in paragraphs (d)and (e)of Security Enactment, 1910," scheduled

The

ment Govern-

implied
Sections
4

in the 12

charges

whereby
and 23

the

loans

are

secured

of this Enactment
"

shall in lieu of Sections Government loans Loans and

to
as

18 (ii), (ii), 9 (ii), and 10, (ii),

respectively,of 1910," apply to

security therefor
this Enactment

The

the
;

scheduled

provided that, except

the
any
same

Security Enactment, the lands charged as aforesaid, nothing in

or or

contained

the than

charges whereby
in

loans shall in respect of the scheduled secured are impose on any person any

create

respect of
have

property
to

obligationor liability greater

person
or

would

attached been

such

property

if this

Enactment 7.

had

not

passed.
this Enactment, the Fund the B(\ard
may

rower to make E.

of Board loans.

Subject

to the

provisions of
loans

in its discretion
to

make

from
to

for agricultural purposes

15 of 1020.

Co-operative Societies and

8. (i) No loan the amount the making whereof will
to exceed the

Planters. exceeds thousand fifty

debt

Restrirtions
(lower to

on

whereof
cause

dollars
borrower

make or

loans.

the

aggregate

of the

to the Board

Fund

except with
loan

written

from thousand dollars shall be made fifty approval of the Chief Secretary. made from the Fund

the

(ii)No
of land

shall be

excejit for the benefit

situated

in the Federated

Malay

States.

planters'
If and (iii) Council
shall be that
so

loans

fund.

73

often
a

as

it shall to be in be

have

been

resolved the

by

the Federal
no

after

date

in specified

resolution

loan

made
has

from after
a

the

Fund
to

respect of land which

(a)

date

specified in

the

resolution

been

cultivated, or

(b)is proposed
with

to

be cultivated
the
no

products
would

to

be

in specified

resolution, then
shall

so

long

as

such

resolution

remains

unrescinded
the

loan

be made

from

the Fund

which

contravene
to

terms

thereof.
no

(iv) Except
the Fund Federated
the

Co-operativeSocieties
upon

loan

shall be

made

from
in the

except

the security of

charge
be
if the

of land

situated in pursuance

Malay

States

expressed
nor

to

executed land
so

of
be
or

provisions
way encumbrance

of this

Enactment,

charged by
other of the the

of security is
not

subject to any being a charge in favour

or

charged or to charge, mortgage,

of the Government Chief

Federated

Malay

States
or

of any

of them, the

Secretary,

Resident

of any

State,

the

Board.
Enactment

8a. Notwithstandifig amjtJmig in this Secretary maij by writina under his hand
^ ^

contained
to

the

Chief
loans Grant

Loans

on

direct the Board the War and

make
Land

special
conditions.

*j

to any

Scheme
as

to whom persons have been made

Land

Grants

under
amoiint
as

Service

e. is of 1920.

and

of

such

to

and interest, sec2irity,

repayment
or

he may

such conditions upon in like deem and may fit

manner

direct that any

such loans

shall be

provisions of this
9. A loan
secured be

Enactment

shall

from all or any of the be subject to any specialconditions.

exempt
the

made

or a

to be made

from

Fund

being

States,

additional 10.

charge on land situated secured by a charge or mortgage, hy on security, property wheresoever any by

in addition to may, in the Federated Malay way of collateral

or

collateral

security.

situated.

(i)On every loan i7iterestshall be charged at such rate as may be fixed by the Board, provided that the rate of interest shall be ivithin such be prescribed limits as may by order of the Chief Secretaryin forceat the time of the making of the loan. (ii) Except
of Section
11. of the
In 8.

interest. ^' ^^
"

^^

'

in the
to

case

of loans

to

shall be secured

the Board

in the

Societies such interest Co-operative to in sub-section (iv) charge referred

every

charge

of land this

expressed to
and

be

executed

in pursuance

undertakings

executed chargl duly registered under the law for the time being in force relatingto the t^ii^'^^^actme shall be implied, in the of charges on such land there registration absence of an such in to the stipulation charge contrary, express the followingundertakings on the part of the chargor :
provisions of provisions of the
Enactment

(a) that

the

chargor
secured
are

will

moneys the same

by
the

the

by

the judiciously use properly and for which charge for the purposes of the charge expressed to be terms
use

advanced
purpose

to him

and

will not
;

such

moneys

for any

other

whatsoever

74

No.

27

OF

1915.
the times

(b) that the chargor required by the

due

will pay
terms whether

at of the

and

in

the

manner

charge
way

all amounts
or

accruing
otherwise
;

thereunder,

by

of interest

(c) that

the chargor will duly comply with, all conditions and obligationsattaching to the title for the land charged, whether in respect of cultivation, building, payment of and all the will rent said otherwise, or keep buildings on land in good repair ; transfer
in to any

(d) that the chargor will not portion of his interest

written
consent

other

person

any

the

land
its

charged
common

without seal ;
to

the

of the Board
will furnish

under month from

(e) that the chargor

proper accounts

by
and

month

the

Board
on

of

revenue

expenditure
as

the may

land from

charged
time

and

such

other

information

the Board

to time

require ;
insure and of

(/)that
of

the and

chargor
to

will

keep
the

insured Board

in the

name

the and

machinery,
such of the
until
as

may

land the

all buildings, plant in or upon the land charged, except be exempted by agreement, and all produce charged from the harvesting of such produce thereof be and that
to proper

satisfaction

sale shall

evidence from

of such
time to

insurance time
as

produced

the

Board

required ;
dividend bonus shall be paid to any or person the land profits arising from charged until secured by the charge shall have been paid to
out

(g) that
of

no

the

all the

moneys Board

in full ;
are

arisingfrom the land charged which {h) that all profits required for the due cultivation and maintenance
shall moneys

not

thereof of the

be

devoted secured

to

the

payment
;

to

the

Board

by

the

charge

(i) that
or

the

chargor will
may

which

be from the

demand all expenses on pay to the Board time incurred the to time Board in by of
a

about

employment
on

person

or

persons

to

visit,

and report inspect,

the land
to the

charged
Board
on

(j) that the chargor

will pay

demand
may of its

all costs, be

charges, and incurred by

powers

expenses the Board

whatsoever
in any

which
exercise

paid or rights or
ance observ-

by default or performance of any expressed or by this Enactment charge ;

no

occasioned

of the

chargor undertaldng
or

in the
or

condition the

otherwise

implied in

{k) that
the

part of the land

of the consent until execution

charged
of the Board

which

is not shall
common

cultivated without
seal

at

date

charge
its

the
be

written

of the

under secured
in full.

cultivated have been

all moneys to the Board

by

the

charge

shall

paid

planters'
12. the
on

loans

fund.

75
be for 11 may to the borrower
may
Payment
and

(i) Any such

an

charge
amount

as

is referred

to in Section

securing of
the execution

of the

provide for repayment otherwise. or by instalments

(ii)When
aforesaid
the is the amount

paid in full by the Board charge or payable by instalments, and of the of the amount by the borrower
secured such

^ [nsta^ents.

loan

of

any

loan

second
to

payable by the Board to the or subsequent instalment any

borrower
to the may Board be

borrower
until accounts

charge as by instalments, accruing due from the by

the

Board
have

the

mthheld

borrower of
revenue

shall

furnished

monthly
as

and
shall

expenditure
have been

and

such

other

information that

may

be

required and
advanced

satisfied the

Board

the

moneys

already

have

properly and
the

judiciouslyexpended.
amount

When (iii) aforesaid

is

payable by

of any the Board

loan
to

secured
the

by

such

charge
instalments

as

borrower

by

of the parties consent dates fixed by the mutual fallingdue upon in the charge, then, if the payment of any such instalment or specified be within the control of the borrower shall owing to any cause falls due, there shall the same delayed bej^ond the date upon which be payable to the Board by way of interest on such instalment, if be eventually paid to the borrower, the same the same amount as if the said been thereon interest would have of payable by way had the date upon which instalment been paid to the borrower on shall not the same fell due ; provided that this sub-section apply if the borrower shall have not given notice in writing to the Board less than thirtydays before the date on such instalment falls which due that he does not require payment thereof on such date.

charges as are referred to in Section Form law prescribed hj appHcable to the registration thereof be be necessary modified far to adapt them so as may may to the provisions of this Enactment and any special condition or be inserted therein. undertaking may
For purpose of such
11

13.

the

of

charge

the

forms

the

14.

All

undertakings expressed
to in

or

implied
11 until

in any

charge
bind
the

such

as

Representa-

is referred sentatives

Section

6 the

or

in

Section

shall

repre-

assign?

and

assignsof
so

chargor
interest

the under

charge
a

is satisfied.

15. If and
referred
the

often

to in Section

any 11 shall
as

due

charge

such

as

is

Compound
"^'^"^
"

day appointed by
the Board

such

unpaid for one charge for payment

be
otherwise

calendar

month

after

thereof, such
decide, be added
from

interest to the

shall,unless
such

principalmoneys
calendar
in mentioned such

at any time secured by such

charge
shall be Board

as

the

expiration of
at the rate

month

and

shall which

thenceforth

bear

interest

chargor, his paid by the on representatives days appointed as interest aforesaid for the payment of interest, and such capitalized secured and the interest be shall be deemed thereon to by moneys such charge ; provided that on any day appointed as aforesaid for the payment and assigns of interest the chargor, his representatives
and

charge assignsto

the

the

may

pay

to

the

Board,

in addition time

to the

interest
on

then

due

principal moneys

for the

being omng

the

charge, so

the upon of much

76
the said

No.

27
as

OF

1915.
for
the time

principal moneys interest. capitalized

16. nj.
irTocescungs such
as

shall

being represent

Special proviproceedings
case

lor

the tftc

sale saic

of ot

any

land land
6
or

in

pursuance

of ot

any

In

charge
such

is referred the

to in Section

in Section

11

shall be in
on

of default,

accordance

with

land,

subject to the
on

requirements of the law relatingto charges followingspecialprovisions :

part of the

(a) Default
under

the in

chargor
with shall the

or

any

person

claiming

him

the charged land ; notice in writing daj'^s' shall have been given to the chargor or person claiming him under to make good any such default which is capable of being made shall not have been made good and the same good ;
not

or implied in making of an provided that

complying the charge

order for less than

undertaking expressed any be sufficient ground for the

sale

of

fourteen

(6) An

order
the sale

for the take

sale

of the
any

charged
time not

place at

land may direct less than fourteen

that

days

from

the date

of the order.

Recovery
civil suit.

by

17.

The
to

amount

of any
6
or

referred

in Section

secured by a charge such as is moneys be recovered in Section 11 which cannot be recoverable from the

by
his

sale

charged shall by civil suit. representatives

(i) If
a

of the

land

chargor

or

Procedure fall in value land.

on

18.
of

at

any the

time such
as

the

market

value

of any
G
or

land

which

is 11

subject to
shall not

charge

is referred

to in Section

in Section

exceed
still

amount

of the

'by, and
absence

outstanding under in the charge to the contrary, by stipulation express secured notice in writing require payment of the amount by the after, charge within thirty days from the service of the notice and therein default of payment, ajjplyfor and obtain an order of sale if the chargor had made default of the land charged in same as way in comj^lying with an undertaldng expressed or imbibed in the charge.
of
an

advanced under, secured moneys such charge, the Board may, in the

(ii)An

affidavit the

of such Board
value to

person

or

persons
what

as

shall

have

been

appointed by
opinion, the
of sub-section

market

is, in his or their report stating of the land charged shall, for the jDurposes

proof of such value unless the chargor, his representativesor assigns shall require that any de2)onent be be at libertyto shall the chargor called as a witness ; in which case Avitnesses cross-examine to the such deponent and to call other as
be sufficient (i), value of the land.

Power
to

of Board
;

19.
or

In

the in

event

to insure be

cost

rable recove-

assigns

the

and includeil in

this Enactment
to in Section II upon
same

sciurity of charge.

plant
insured

in

or

chargor, his representatives undertaking expressed or by otherwise impUed in a charge such as is referred or and keep insured to insure machinery, or buildings, and keep insure the land charged, the Board may
of any

default

by

the

performance

of any

the

or

such

part thereof

as

it may

think

fit,and

the

78

No.
where
be the

27

OF

1915.

(ii) ;

witnesses

chargor, his representativesor assignsrequire that examined, he or they shall make apphcation to the
to determine the market value

Supreme
Court

Court

of the

land

and

such

shall

determine the

the

same.

Whenever (iii)
to enter may into

Board

shall

be

entitled
land
or

under

sub-section

(i)

possession of charged
before
or

Board
thereof

either

after it shall have

any part thereof, the entered into possession

seal
a

income
receiver

appoint by writing under its common of the charged land or any part thereof so appointed and appoint another in
may exercise any

receiver
remove

of the any every

and
his

may in

stead, and
the to time

such

receiver Board.

all the

powers

vested
time

Board

sub-section the

subject to (i)

directions

from

by given by

(iv) The
receiver receiver be

Board

shall not
reason

nor

shall its authorized

or

liable, by

of the Board

its authorized

agent or agent

any
or a

as entering into possession of charged land, to account in chargee possession or for anything except actual receiptsor be default or omission for which liable for loss or for any a chargee in and receiver duly appointed under possessionmight be Hable, every this section shall be deemed to be the agent of the chargor, his and assigns, and the chargor, his representatives and representatives assigns shall be solelyresponsiblefor the acts and defaults of the receiver, unless the charge otherwise provides.

Restriction further

on

22. Section
the

No
11

land

charging land charged to the

Board.

Board

subject to a charge such as is referred to in of shall be charged to any person except with the consent its common seal. in writing under evidenced Any
which
is in contravention

charge
and of

made
no

of this section

shall be null and

void

effect. land
or

Prohibition attachment eiecution.

o"
in

23. Section under and of

No
6 its

which

is 11

subject to

charge
with

such

as

is referred decree.

to in

in Section

shall,except

the consent of
a

of the Board

common

seal, be attached
contravention

in execution

Any
void

attachment
no

in

of this section

shall be null and

effect.

Discharge.
or

24.

discharge of

any

in Section

1 1 shall be

charge such signed by any

as one

is referred

to

in Section

member

of the Board

and

the

Secretary to
In

the Board. for the sale of any

6
or

Authority

to

25.

proceedings
as or

land

in pursuance

of

act in proceedings for Bale of

charge
of the

such Board
under

is referred

to in Section

in Section

charged

land.

other
common

Board such 26.

its

duly authorized person and make seal may

necessary to be made
or

1 1 any member behalf in that by the

do done

all appearances,

and applications,

acts

by

chargee

in

proceedings.
Tlic

Inspection
charu'ed behalf Board.

of
on

land of the

appoint any person to visit and inspect any is referred to in Section 6 or as a charge such in Section 1 1 or any land for the development or maintenance Avhereof under loan of the scheduled loans this or by the Board any any the Enactment and and was owner made, having the any person
Board
is may land wliich

subject to

PLANTEES' management
and of such
land

LOANS

FUND.

79
person
as or visiting require investigation. so

shall

give
in

to

every

inspectingall such
shall afford
to

information him

respect thereof
facihties

he may

all reasonable

for

27.

Any
or

agents

who person receiver any

shall obstruct

the

Board
21

or

its authorized exercise

or on

Penalty

for

aj^pointedunder

Section
on

in the

of

"^^^ Botrd!^*"^"

or duty conferred or imposed any power receiver shall be liable by this Enactment

the

Board

such
five

to line not

exceeding

hundred 28.
The

dollars.
Annual

Board shall submit to the Chief Secretary on before or day of March in every year a report, signed by the Chairman, of the working of the Fund from during the preceding year calculated the 1st day of January to the 31st day of December with a detailed of accounts statement and of the financial positionof the Fund at the close of business on the 31st day of December. the 31st

report

oUhe"Fund!

29.
year

The
at

accounts

of

the

Board such

shall person

be
as

audited the Chief

at

least

once

Audit

of

such

time

and

by

Secretary

shall

^"^^^"^^^^

appoint.
30. No member,
of the for
be
or

servant,
Board
in

agent,

or

person

acting
any
or

under
action

the
or or

Protection

of

authority proceeding
omitted to

shall be

personally liable to
act, matter,
or

agalnst^e^ai
proceedings.

respect of
in the

done

any exercise

thing

done

supposed

exercise

of any

of

the

rights or
No

powers

of the Board, the

him
or or or

31.

action

against
or

Board

by
to

chargor
be

or

any any

person

Protection

of

claiming through
in
or

under done

shall be omitted
any owed

entertained

by by
its
or

Court

a^ai^st*^^ ai
proceedings.

respect of
servant of any

any

act

done

any in

member
in of

of the

Board

breach the

contract

by duty
act

under person by the Board

;

authority
excess

rights and powers shall not apply where have previously been
32.
The

of the such

Board
so

provided
or

that to

this

section

done

omitted

be done

shall

expressly sanctioned
may

by
to

the
time

Board. make rules

Chief

Secretary
the

from

time

to

Rules,

regulate
(a) the procedure of
Board and
the

fixingof
the

quorum

(6) the keeping, rendering, and

Board
;

auditing of
the

accounts

of the

(c)

any

other

matter under

relatingto
this

powers

and

duties

of the

Board Such have

the rules
same

Enactment.
in the

shall

be

published
and

Gazette had

and been

shall

thereupon
in this

force

effect

as

if

they

enacted

Enactment. 33.

Nothing

in this Enactment

contained
virtue
or
"

shall affect the different

as

relative

Relative

prioritiesof
tered

persons in respect of the

claiming by
same

of

land of

shall,except
The Government

herein

provided, affect the operation Enactment, 1910."

charges regis- charges"^ expressly ^o^j^-Q^'^as to Loans Security Enactment

^''- ^ "^ ^^^"'

80

No.

27

OF

1915.

02

PLANTERS

LOANS

FUND.

81

III"

82

No.

27
OO 05

OF

1915.
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planters'

loans

fund.

83

84

No.

27

OF

1915.

5S
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86

No.

27

OF

1915.

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PLANTERS

LOANS

FUND.

87

88

No.

27

OF

1915.

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PLANTERS

LOANS

FUND.

89

(U CD

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90

No.

27

OF

1915.

f^

tn
o

"

XI

"

"

"

CI 3

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PLANTERS

LOANS

FUND.

91

;h

pp

ce

rO ,0 3
Sh

il

(B

ENACTMENT

NO.

OF

1916.

An

Enactment

to

authorize

the

raising

of

loan

of

$15,000,000.
Arthur

Young,
President

[28th
the Federal Council. 28th

March, March,
afforded

1916.

of

1916.]
for
of

Preamble.

Whereas local
in

it investment that in

is desirable of
such the moneys moneys

that

an

opportunity
the be Government available
is
now

be

the

with may

by
for the
:

way

loan,
of

order
war

purposes

the
It in

which

British

Empire
Rulers

engaged
Federated

is

hereby
as

enacted follows

by
:
"

the

of

the

Malay

States

Council 1.
This

Enactment shall
come

Short
commence-

title

and

may into

be

cited
on

"

as

The

War

Loan

Enactment,
thereof
in

ment.

1916,"
Gazette. 2. In

and

force

the

publication

the

Interpretation.

this Chief

Enactment

"the
to

Bank"

means

the and
all situate

Bank
manage

authorized
the

by

the

Secretary
to

Government

to

issue

loan

hereby permitted and sub-agencies Malay

3.
Authority
raise loan. to

be such

raised, and
Bank which

includes
are

branches,
in

agencies,
Federated

of

the

States.
The

Chief
fifteen debentures

Secretary
million
and

to

Government

may issue in the

raise

sum

not

exceeding
States
of

dollars the
sum

by

the
so

Federated be

Malay
at

raised

shall

placed

the

disposal
of the 4.

of His
war.

Britannic

Majesty's

Government

for

the

prosecution

said The

Loan

to
on

be

principal
under and

charge

issued

general
revenue.

and interest represented moneys the of this Enactment provisions

shall be

by

the
are

tures deben-

hereby
and

charged
assets

upon of the

payable
States issued and

out

of

the

general

revenues

Federated

Malay
shall be

and

of each
the

of them. the
terms

Issue

of

5.

The

debentures

by
shall
to
manner

debentures.

approved
the

by
such

the
of

Government
the

be

Bank upon authenticated

or

either

by
simile fac-

signature
of the 6.

Chief
or

Secretary
in

Government
as

by

signature
Commissioner.
to

such

may

be

approved

by
Refusal of

High

Any

application
of tfiis

take
may
reason

up

debentures be refused

issuable

under

the

applications.

provisions
to

Enactment

by

the

Chief

Secretary

Government 7. The

without

assigned.
for such
to per
sums,

Sums

for

which may

debentures
as

shall Chief
at

be

not

being
may
annum.

less direct

than and

debentures issue.

fifty dollars,
shall bear

the

Secretary
rate

Government
centum per

interest

the

of six
92

ENACTMENT

NO.

OF

1916.

All

Enactment Trust of

incorporate Malaya.
to

The

War

Loans

Investment

Arthur

Young,
President

[21st October,
the Federal Council.
21st

1916.

of

October,
Loans

1916.]

Whereas Trust
persons

an

association
"

styled
been

"

The

War for
to

Investment of
to is

of

Malaya
resident

has
the

established Peninsula which that the

the
invest

purpose moneys

aiding
assist
;

in

Malay
war

the

prosecution
And
whereas

of the it is

in

British said

Empire
association upon the
:
"

engaged
be

expedient

the
be

porated incor-

and Now Federated

Short
commence-

that

certain

privileges
is in

conferred

it

therefore

it States
may

hereby
Council be cited

enacted
as

by

Rulers

of

the

Malay
Enactment

follows
"

title

and

1. Trust the

This of

as

The

War shall

Loans
come

Investment
into

ment.

Malaya

Enactment,
thereof in the
"

1916,"
Gazette. Trust

and

force

on

publication
3. In this

Interpretation.

Enactment Trust and of after

Trust

the

"

means

The

War

Loans

Investment
Incorporation
of the Trust.

Malaya.
the
commencement

3. members from

From of
time

of such of War the

this

Enactment
persons
as

the
may

the
time

together
members of
"

with

other
Trust

to

become
the
name

shall Investment

be

body
Trust and

corporate
of
may
Members Trust. as of the

under
"

The

Loans and
in in
a

Malaya
under

having
the said

perpetual
name sue

succession

common

seal

and be

be

sued

all

Courts. books of the Trust Trust

4.
the

Every
holder be The

person

who
any to

shall share
or

registered
of the of the shares from

the

of

debenture

stock Trust. Trust of

issued

by

the

shall
Oriffinal
share

deemed

be share be

member

5.

original
which shall of

capital
divided

shall such
to

be

six

million
as

capital.

dollars the

into

denomination
time

Committee 6.
All

Management
which

shall

time to

determine. subscribed of made of War

Investment share

of

share of

capital
the

capital.

by
His

members

Trust

from time may shall be invested

or

time
new

be

in

issues to

Loans

stock.
Britannic

Exchequer Majesty's
or

bonds Government

other
or

securities

be

by
any

by

the

Government

British 7. time less

Possession

Protectorate.

Payment
interest.

of

(i) The
subscribed than
six

interest

payable
members
per

by
per
case

upon of the
annum.

the Trust

share shall

capital
be at interest

from
rate

time

to

the shall

of not lated calcuthat

centum
as

Such

be

in each

from

the

first
94

day

of the

month

following

WAR

LOANS

INVESTMENT

TRUST

OF

MALAYA.

95 pajrment
year.

in which thereof

the

share

capital
on

is

subscribed,

and

the

first

shall be made
on

the

first

payments
If (ii) for the which

the any

first

days

of

day of July, 1917, January and July in

under the the
in the

and
every

subsequent

upon

day appointed

payment
are

of interest

the funds

preceding sub-section possessionof the Trust

of interest shall be

lawfully applicable to

payment

insufficient to pay interest of six per centum at the rate per annum Government the share the Chief to subscribed, Secretary capital upon shall advance such
sum as

out

of the funds added

to

of the Federated aforesaid

interest at

of the
per

Trust,

may, be per

when

to the funds pay

in the

Malay States possession

rate

sufficient
annum

such

the
to the

of six

centum

and
so soon

shall deliver

the

same

Trust. Trust
to

(iii) Every
the and Government

such

sum as

advanced
as

shall be

repaid by
for such
into

the

funds

sufficient
come

repayment

lawfullyapplicablethereto
Trust. certificates and

shall have

the

possession

of the

8. All share and

or

interest

warrants

issued

all

receiptsfor

subscriptionsgiven

to subscribers

its agents and all interest the share payable upon be exempt from all taxes all duties and levied now
may

by the Trust Exemption "^^'^^ ^^^ by the Trust ux'if capital shall
or

leviable

or

which States.

hereafter

be

levied

or

leviable

in

the

Federated

Malay

9. The do all
or

Trust
any

is authorized

of the

and empowered followingthings, namely,

to

from

time

to

time

to

Powers
'"^

vested '^'^^^'

^^^

(a)

to

increase, subject

the

approval

in

writing

of the

Chief

Secretary
of the the shares

to

Government

Trust

by
of

the the

first obtained, the share issue of further shares and to whether

capital
divide of
the

Trust

forming part

originalor any subsequent issue other rights; or preferential (6) to

borrow
money money

into different

classes with

and

to

secure

the and

repayment
other

of

such

by
;

means

of debentures

obligations or capital
to

securities

(c)

to realize from

time

to time to

any

or

all of the invested the

same,

of the

Trust

and

re-invest
6 ;

subject

the

provisions of Section

and
to

(d) notwithstandinganything in this Enactment contained, shall purchase the shares of the Trust if the same offered for sale by any member of the Trust at par or
less than 10. the
par

be
at

value the

thereof.
commencement

(i) From
as

and

after the
or

of this

Enactment,
hereto.
to time

By-laws,

except
shall be

is hereinafter

otherwise

provided, the
set forth may in the

affairs of the Trust schedule

time

regulated by
said
or

by-laws
any to

The (ii) for the time No (iii)

by-laws

of them

from

be

Amandment

of

revoked, altered,

added

by

the

Committee

of

Management
and
come no

''y^^'^^-

being by-law

in office. not
or

contained addition shall

in

the

schedule

hereto shall

Approval

of

revocation, alteration,

of have

or

to any

operation

until

the

same

been

by-law approved by

into

nece^sary?*

the

Chief

96

No.
to

8
and

OF

1916.
have
been

Secretary
Gazette.
Management
the Trust. of

Government

shall

published
in

in

the

11. of

The

management
as

of the Trust

shall be

vested

Committee number of

Management
shall
in

members
time

and consisting of a Chairman be prescribed by the by-laws of

such

the Trust

for the

being
From

force. after Trust the

commencement be

First Committee of

12.

and of the

of this

Enactment

the

Management.

Macfadyen and the other members of the Committee of Management shall be Eu Tong Sen, Arthur Knowlton Everest Hampshire, Henry Armstrong Smallwood, Ernest Talbot Cope Garland, James McClymont, and William and the said Committee of Management shall hold office Duncan, until the second general meeting to be held under the provisions of By-law 19.
13. States and other
in

Chairman

shall

Eric

Office Trust.

of the

The
to

Trust which

shall have

an

office situate and

in the

Federated
may

Malay
all such the

all communications shall be

notices

be and

addressed

which books

kept

and

documents

registerof its as a Company

Enactment,

members

registered under
is

provisions of The
to
Examination affairs of Trust of one

Companies

1897,

by

law

required

keep.
14.
or

The
more

Chief

by Inspectors.

Secretary to Government into Inspectors to examine

in

may

at any

time

appoint
and upon

the he

affairs of the Trust

may

to

report

thereon

such
any

manner

as so

direct, and

application made by duty of all officers and

all books
High
order Trust wound sioner Commismay that be up.

and

appointed it shall be the of the Trust to produce for examination agents documents in their possession or power. Inspector
may termination to at any time not
war,

15. twelve other

The

High

Commissioner

less
or

than
any

months
time

after the

of the
to

present
him that

at

if it shall be

made

appear

the

Trust

has

failed to effect the purpose for which it is incorporated substantially has of the obligations or or neglected to observe perform any it by this Enactment, that the public interest or imposed upon so and annul by writing under revoke his hand the privileges, requires, and rights hereby conferred the Trust and the affairs powers, upon of the Trust shall thereupon be Avound up. 16.
as

Government

If upon
in

the

winding-up
of the of the
amount
to

guarantee repayment

to

effected

of

pursuance assets

of the Trust, whether the same be provisions of the preceding section or shall be share insufficient
to repay to

capital.

otherwise, the
each member Chief

Trust

the

full

of the Government of
to

him, the
the such
repay
sum

Secretary
and when

general
as

revenues

assets

the

capital subscribed by shall appropriate out of Federated Malay States

assets, be
the
sufficient
same

may,

added

the

said

to

such

share

capital in

full and

shall deliver

to

the

Trust.
Applifation
The 1897. of

17. In

all

matters

not

provided
10

for

in

this

Enactment

or

in

Companies

Enactment,

Ijy-lawsmade
Trust
were a

under

Section

hereof

the

provisions of The
the the Trust said
as

panies Comthe and

Enactment,
the Committee

1897, shall apply to Company registered under of Management the were

though

Enactment thereof.

Directors

WAR

LOANS

INVESTMENT

TRUST

OF

MALAYA.

97

The

Schedule.

BY-LAWS. Interpretation.
1. In
"

these

by-laws
"

"

the

Committee

means

the of

Committee

of
;

Management
said

of the

War
"

Loans the the

Investment
means
"

Trust

Malaya

Chairman"
Enactment

the The
;

Chairman War

of the Loans

Committee
Trust

"

means

Investment

of

Malaya Enactment,
"

1916

and Loans
Investment

the Trust

"

means

the War

Trust

of

Malaya.

AnivnssioN 2. for the Every api^lication followingform : WAR LOANS

Form
of

of

Members.

allotment

of shares

of the

Trust

shall be in the THE

INVESTMENT Application Trust

for

TRUST Shares.

OF

MALAYA.

To

The

War

Loans

Investment

of

Kuala

Lumpur,
the

Federated

Malaya, Malay

States.

Gentlemen,

Having paid to
shares member
as

sum

of S

on

for application

in

the of the and

above

Trust.

my

membership
any

be admitted a Trust, I request that I may for so long I undertake, if admitted, and shall continue, to be subject to the by-laws of
or

the Trust the for

on

by-laws that may be added to and to accept the rulingof the Committee same, the time relatingto the being on all matters
all other vested
matters in the in

substituted of

for

said
are

respect whereof
of

powers

Management by-laws and by the said

by-laws
As

said Committee this

Management.
19.
.

witness

my

hand

day
Usual Name

of

signature
in full if Mr.,

(Please state Description

Address
3.
or

Mrs.,

or

Miss)

Every
a

such

by

Sub-Committee
shall
case

applicationshall be appointed by
whether the
same

considered
the

by

the

Committee
purpose refused.
as

Committee
shall be
or

for the

which In

determine the

granted or

every
case in

decision shall be

of the final.

Committee

Sub-Committee,

the

may
"

be,

No.

OF

1916.

Shares,
4. may
terms

The allot and

shares
or

shall

be

under

the of

control the
same

of the
to

Committee
members
on

which
such

otherwise
as

dispose
it shall

conditions the herein

think
at

fit with
par the
or

full powers at
a

to

give

to

any 5.

member
as

call of any

shares

premium.
entitled
owner

Save
and

otherwise

provided
of any

Trust
as

shall be
absolute

to

treat

the

registeredholder

share

the

thereof

accordingly shall not except as ordered by a Court of or as by law required be bound to recognize competent jurisdiction equitable or other claim or interest in such share on the part any
of any
6. The

other

person.

certificates of title to shares

and

shall be issued
members

under

the seal

of the
or

Trust
one

signed
of the
be

either

by

two

of the

Committee

by

member shall

Committee
to in every

and
member

by

the
one

Secretary.
certificate for all
month.
one

7. There the

issued
to

shares

allotted

him
more

member

shall

apply
separate

for

calendar one any certificates than will be

If any

in

respect of
on

such

shares,
of

certificates for each

worn

issued

accordingly

payment
8.

fiftycents
the
new

additional
out
or

certificate.
upon

If any

certificate be Committee

defaced, then,
the
same

tion produc-

thereof
may issue
or a

may

order

to

be

cancelled, and

certificate in lieu thereof, and

upon such

lost

destroyed,then,
and
on new

Committee

proof thereof indemnity as the Committee

in lieu

be certificate if any to the satisfaction of the deems

being given, a
party entitled
9. For every

certificate such
lost
or

thereof

shall be

adequate given to the

clause such

to

destroyed
under
the
sum

certificate.
the

certificate

issued Trust may

last of
one

preceding
dollar
or

there
smaller 10.
more

shall
sum

be
as

paid
the

to

the

Committee
of

determine.

The

certificates shall
be

shares

registeredin
to the

the

names

of two
on

or

persons

delivered

person

first named

the

register.
Transfers 11.
of

Shares. share shall be

The

instrument

by
to

the transferor
remain the

and

of any transferee,and the of transfer

of such

signed

both

transferor
name

shall be deemed
of the

holder

share

until the
in

transferee

is entered

in the

of members register

respect
share
as

thereof. shall be in

12. The in the admit.

13. usual

instrument
common

of transfer

of any
near

writing
will

form,

or

as

thereto

circumstances

The

Committee
reason

may

decline

to

register any
infant

transfer

without

assigning any
14.

for such shall be

refusal.
to
an or

No

transfer

made

person

of unsound

mind. 15.

Every
the

instrument office for to be

be left at

duly stamped registration,accompanied by the

of transfer shall be such
other

and

shall

certificate the Trust

of the shares

transferred,and

evidence

as

WAR

LOANS

INVESTMENT

TRUST

OF

MALAYA.

99

require to prove may transfer the shares.

16. The such transfer time
as

the

title

of the

transferor,

or

his

right
be

to

books
the

and

registerof
thinks

members

may

closed
in the

during
whole

Committee
year.

fit,not

exceeding

thirty days

in each

Transmission
17.

of

Shares. of
be
a

The
one

executors of several the

or

administrators
shall

deceased the
the

member
persons of any survivors any

(not
nized recog-

being
the
more name

joint holders)
as

only
shares death

by

Trust

having
of any

of such

member,

any and in

title to
case

registeredin
one or

of the

of the
the

joint holders
persons in such

shares, the registered

the

shall title to

be
or

only

recognized by
shares.

Trust

as

having

interest 18.

death
that act

Any person becoming or bankruiDtcy of any

he sustains this

entitled member,
in

to shares upon

in consequence of the producing such evidence

the

character
or

under

clause,
with the

he proposes to respect of which of his title, as the thinks Committee of the

sufficient, may,
not

be

under

respect
transfers

of

any such

Committee (which it shall in obligationto give),be registeredas a member the to to shares, or may, as subject regulations
consent

hereinbefore referred

contained,
to
"

transfer

such

shares. clause."

This

clause

is hereinafter

as

the

transmission

General 19. A
within

Meetings.
members

general meeting
three months

of the
the

of the Trust

shall be Trust.

held

after

incorporation of the

quent Subsethe

general meetings shall be held annually not In every the case day of April in each year. the place where determine such meetings shall be
30th The
" "

later than Committee held.

shall the be

shall

general meetings referred to in this by-law ordinary meetings ; all other general meetings of be called extraordinary meetings."
"

called shall

Trust

20.

The

Committee
in

may,

whenever not

it thinks

fit,and

shall

on

made requisition Trust, proceed 21.

writing by
to

less than
an

forthwith

convene

of the eight members extraordinary meeting.

If the Committee

twenty-one
or

days
convene

from

the

any

other

members
an

themselves

within the same proceed to convene the requisition, requisitionists the required number to amounting may extraordinary meeting.

does not
date

of the

Proceedings 22. Fourteen

clear and

at

General

Meetings.

days' notice of every generalmeeting, specifying of meeting and in case of specialbusiness the general nature of such business, shall be given to all members resident in the Federated Malay States by notice advertised in the Government Gazette and in less than not two daily newspapers and States published in the Federated Malay by a notice posted
the

place,day,

hour

on

the

notice

board

in the

office of the

Trust.

100
23.

No.
The
to

OF

1916.
shall and be the

business
receive

of and

an

ordinary meeting
the accounts
;

(a)

consider
and

report of the
months
:

Committee

of the

auditors

{b) to elect
(1) (c)
24.

the A

followingofficers for the

Chairman
other business

ensuing
;

twelve

of the members which

at be be
no an

Committee
to be

and of the Committee,

(2) Six
any to The

members
of

other
be

transacted
shall if there

by ordinary meeting.
to take the
or

virtue

these

by-laws ought
chair at

Chairman
or

entitled such

general meeting
he shall not

Chairman

be

present

within
or

fifteen

minutes he

every if at any meeting after time the

appointed
as

for such the the

meeting
members

if

being present
shall
as one

shall
some

refuse
one

to act of the

Chairman
of

present
to

choose

members

Committee

act

Chairman

and

if

no

member Trust

of the Committee who

25. is

be present,

some

of the members

of the

present.
members form from

Seven
power, hour

present
a quorum the time

in person

shall,independently
but

of their

voting
half
is not
an

present, the
week
quorum at
a a was

in the next

generalmeeting, appointed for the meeting a quorum day meeting shall stand adjourned to the same time and place,and if at such adjourned the same
is not

for any

if within

meeting
shall
be

present those
transact

members

who

are

present
the

meeting
26.

and quorum called.

may

the

business

for

which

Every

instance, be

decided

question submitted by a shew

the
a

to

meeting shall, in
and
on a

the

first of
an

of hands

in

the

case

equality of votes at the poll, have

which 27.
he may

Chairman

shall, both
in addition

shew
the

of hands
or

and
to

casting vote
as a

to

vote

votes

be entitled

member.
a

Any poll,and
at such

member if
a

present
and

at

meeting

shall be entitled be taken of the

to

to demand
manner

poll be
of the

demanded

it shall

in such

and and the

time

the

result

meeting

at which

place as the poll shall be the poll was

Votes
of

Chairman deemed demanded.

meeting

directs

be

the

resolution

of

Members.
one

28. 29. 30.

the

Every
Votes The

member
may

shall have

vote

and

one

vote

only,

be

given

either

personally or by
shall be
or

proxy.
in

instrument

hand

of the

appointing a proxy appointer or his attorney

its
common

if such seal
or

writing under appointor is a

hand of its

under corporation or company attorney or general manager.

31.

the

if any under the Trust not

the

appointing a proxy and the power of attorney signed shall be deposited at the office of less than twenty-four hours before the time for holding be, at which meeting or adjourned meeting, as the case may
which it is named in sucli instrument proposes whether to
a

The

instrument

the

person

vote.

32.
or

Every

instrument

of proxy

for

specifiedmeeting
in. the

otherwise
to

shall, as

or

the effect

nearly as following :

circumstances

admit, be

form

102
39.

No.
The

OF

1916.

meetings and proceedings of all such Sub-Committees shall be governed by the provisions of these by-laws for regulating far as the same the meetings and proceedings of the Committee so and thereto not be are superseded applied by regulationsmade can under the last the Committee preceding by-law. by
40. All acts done
or

by by
any

any

Sub-Committee
or a

Sub-Committee discovered Committee

any of member

meeting of the Committee of acting as a member person that shall, notwithstanding

there
was some

or

by

the it

mittee Comshall

afterwards

be

that
or

defect
or

in the

ment appoint-

of such aforesaid
or or

Sub-Committee
of such
was or

person
or

acting
as or

as

that

Committee

Sub-Committee valid
as

such

person

acting as
such

aforesaid

be disqualified,

if every

member aforesaid

Committee been

Sub-Committee and
was

acting as
act.

had

duly appointed
Officers.
may such
or

person qualifiedto

Retirement
41. A

of

member month's

of the

Committee
in

retire the

from

giving one
of his
upon 42. the

notice
so

Avritingto
notice

intention

to

do, and

Secretary of the resignation shall take

its earlier

his office upon Trust effect

expiration of such
Chairman
or

acceptance.
shall vacate

The
;

any

member

of the

Committee

office

if he becomes {(i) with his

bankrupt
;
or

or

suspends payment
of unsound of the

or

compounds
;

creditors

{b) if he
(c) if he
a

is found is absent

lunatic from

become

mind

the

meetings
members
the

Committee

period
notice

of three from
in

calendar other
to

months

without of the

during special leave

;

of absence

the

Committee
Trust

(d) if by (c) if he
the

writing
in

Secretary
all the

of the

he

resignshis
is

office ;

requested

Committee

to

writing by resign.

other

members

of

Remuneration 43.
or

of

Officers. member
to

Neither

the
he

Chairman
be

nor

any

of the

Committee
for

of any

Sub-Committee
shall

shall

be
the

entitled

remuneration
expenses

his
in

services, but

paid
be.

travelling
(;f the

incurred
or

attending
Committee,

and
as

returning from
the
case

meetings

Committee

Sub-

may

Powers
44.

and

Duties

of

Officers.

The
may
or

business
exercise these

of the Trust all such powers

shall be

managed
as arc

by
not

the Committee

who

of trust
to

by by-laws required general meeting.

45. the

be exercised

ment by the EnactTrust in the by

W^ithout

Committee

prejudice to the general powers the followingparticularpowers

otherwise
are

vested

in

conferred

upon

it, namely,

WAR

LOANS

INVESTMENT

TRUST

OF

MALAYA.

103
and the

(a)

to

the pay incidental Trust

;

costs,
to

charges, and the promotion

at its

expenses

preliminary
of

and

establishment

(h) to appoint

and

discretion

remove

or

suspend

such

secretaries, officers,clerks, agents, and servants managers, for permanent, temporary, or specialservices, as it may their powers from think time to time fit,and to determine
and

duties, and
fit ;
any

fix their in such

salaries instances

or

emoluments,
to

and

to
as

require security
it thinks

and

such

amount

(c) to accept
shall be

from

member,

on

such

terms

and
or

conditions stock
or

as

agreed, a
;

surrender

of his

share

any

part thereof

(d) to appoint
not)
to

any

accept
to

or person persons and hold in trust

for the which

(whether incorporated or Trust any property

it is interested, and
or

belonging

the

Trust,

or

in
to

other for any purposes, and deeds things as may

and be

execute

do

all such
to

requisitein

relation

any

such
trustee

trust, and
or

to
;

provide

for the

remuneration

of such

trustees

(e) to institute, conduct, defend, compound, or abandon any the its Trust, officers, or or against legal proceedings by otherwise or concerning the affairs of the Trust, and also and allow time satisfaction for payment to compound or
of any debts
due to
or

the

Trust

(/) to
(g)

refer any arbitration make for money demands and

claims

demands and

and

observe

by or against the perform the awards

other

Trust
;

to

to

give receipts,releases, and

discharges
claims and

payable
of the who
Trust

to ;

the

Trust,

and

for the

(A) to

determine behalf

shall

be

entitled

to

sign

on

the

Trust's

bills, notes,

cheques, releases, contracts, (i) to (j) to

fillup
set may
reserve

receipts, acceptances, indorsements, and documents;

any

vacancy out

occurring in profitsof
the the
at

the the

Committee Trust
such

;
sums as

aside
be

of the
after

available which

payment
discretion
to

of interest of the
the and

to

be

shall,
any be

Committee,

be

applicable to

purpose

Avhich

Trust

properly applied, may be in such invested application may for the the Enactment prescribed by share capital of the Trust.
The

profitsof the pending such

as are

securities investment

of the

Seal. for the

be

46.

The

Committee and
the

shall seal

provide
shall not
member
as

safe

custody
to

of the

seal

of the

Trust in the

affixed

any

instrument

except

presence

of

one

of the the

Committee
may

and

of the for

Secretary or

such

other

person

Committee

appoint

104
the purpose
other person
;

No.
and
as

OF

1916.
Committee
instrument and

such

member shall

of the

Secretary or
to

aforesaid
is
so

sign

every

which

the

seal of the Trust

affixed in their presence.

Interest.
47. The in
on

Committee

may

without
to them

reference
interest Enactment.

to the

members

of the

Trust and
48.

the No
sum

general meeting pay days appointed, by

interest
as

at the rate

prescribed,
out to be

the

shall

be

of such advanced
49. 50.

the Chief

than paid otherwise Secretary to Government purpose. interest

out

of
may

or profits cause

to

the Trust

for the

No

interest

shall bear

against the

Trust.

if any, entitled to shares Subject to the rights of persons, with specialrights as to interest, all interest shall be declared and paid on the shares. jjaidaccording to the amounts 51. A

transfer thereon

of shares before the

may

shall not

pass

the the

right to

payable
52. in

of registration
retain the

any transfer.

interest

The

Committee

interest

payable
any

respect of which (clause 18) entitled

clause member 53. in
one

the is under any person which to become or a member, to

upon transmission

shares
clause

that
a

is entitled

transfer, until
or

such

person

under person shall become

same.

respect thereof
of several
share account may

shall

duly
are

transfer

the

Any

persons

who

holders

of any
on

payments
54.
or

of interest directed
the

give effectual in respect of such

any interest may

registeredas the joint receiptsfor all interest and

share.
be

Unless

otherwise
sent

warrant

through
or,
one

post
case name

member

entitled,
of
that

in the whose

address

respect of the
shall be made

joint holding

and

paid by cheque registeredaddress of the of joint holders, to the registered the first on stands registerin sent so cheque or warrant every
to

the

payable

to the

order

of the person

to

whom

it is sent.

Accounts.
55.
sums

The

Committee received

shall and

cause

true

accounts

to

be

kept
the

of the

of money

in

respect of which
The books
under

such

expended by the Trust, and receipt and expcniditurctakes

liabilities

matters

place, and
Trust

of the 50.

assets, credits,and
of account

of the

Trust. at the 13 office of the of the

shall be

kept
to

established
57. The

the

provisions of Section
shall from
time times
at

Enactment, whether under what

or

Committee extent,
or

time

determine

and

to

what

and
be

what

and

places,and
books

conditions
any
no

the regulations,
shall
not

accounts

and

of the members

Trust,
;

of them, member

to the inspectionof the open of the Committee Ijeinga member account

or

and
any

shall have
of the

right of inspectingany
except
Trust
as

book

or or

document

Trust,
of the

in

by general meeting

authorized

the
or

Committee

by

resolution

by

the

Court.

WAR

LOANS

INVESTMENT

TRUST

OF

MALAYA.

105

each at subsequent ordinary meeting and shall lay before the Trust a profit ordinary meeting the Committee and and of the loss account balance-sheet a containing a summary 31st to the day of property and liabilities of the Trust made up of the preceding year. December 58.

At

the

second

59.

Every

such

balance-sheet
as

shall be and

accompanied
of the
it has

by

report
and
the
;

of the
as

Committee

to

the

state
or

condition
which

Trust,

to

the amount

of interest which

bonus

declared, and
reserve

amount

(if any)
the

and

account,
of the

to it proposes to the carry be shall balance-sheet and report,

fund
two

members

Committee

and

countersigned by
the

the

signed by Secretary.
and

60.

A
not

printed

shall,
the

of such account, copy than less fourteen days before the

manner

balance-sheet, date

report

meeting, be published in publication of notices

ordinary prescribed by By-law 22 for

of the

to members.

Audit.
61. of the

Once

at

January,

least in every 1917, the accounts

of
one

year

commencing
shall

from

the

first

day
and

of the Trust loss

or

be examined, and

correctness

the
or

profit and
more

account

balance-sheet

ascertained 62. auditor The

or

by
Trust

auditor

auditors.

at each
to

ordinary general meeting

hold office until

auditors

the
to

next

appoint an ordinary general

shall

meeting
The

and

shall fix the remuneration

or

first auditor

auditors

shall be
to
an

Avhich 63.
the

shall fix the remuneration

If
an

be

paid to him or them. appointed by the Committee paid to him or them.

be
is not in
on

appointment
or

of

auditor
occurs

made the the

at office

an

ordinary
any

general meeting
Chief
and

if any vacancy Secretary to Government

of auditor,
current

may,

application of
for the

member
year

of the

Trust, appoint
remuneration

an

auditor
to

of the to

Trust

fix the

be

paid

him

by

the

Trust

for

his services. Winding-up.

64.
a

On

the

winding-up
which the

of the

Trust

the

Committee
be

date

The from

upon interest

share

capitalshall

refunded
cease

declare may to members.

to
accrue as

payable
date.

upon

the share

capitalshall

such

Protection
65. other Trust funds

of

Officers.

Every Chairman,
officer
or

member
of

of the
Trust

Committee,
be

servant

the
be the

shall

indemnified

Secretary,and by the
out

against, and

it shall

duty

of the

Committee

of the

of the Trust to pay, all costs, losses, and (including expenses incur such officer or servant or travelling expenses) which may any entered of any become liable to by reason contract into, or act or thing done by him as such officer or servant, or in any way in the such for which indemnity discharge of his duties ; and the amount the property of the is provided shall immediately attach as a lien on all other Trust and the have members over priority as between claims.

106

No.

OF

1916.

66.

No
or

Chairman,
servant

member of of other
Trust the Trust

of

the shall

Committee,
be liable

Secretary,
for
servant

or

other

officer

acts,
or

receipts,
for
or

neglects,
in any

or

defaults
or

any
act

member,
for

officer,
or

or

joining
expense

receipt
to

conformity
the order

for

any
or

loss

happening
title
to

the

through by

insufficiency
of

deficiency
for of
any be
or on

of
half be-

any the

property
Trust
or

acquired
for
any the

the
or

Committee

of
in
or

insufficiency
the moneys

deficiency
Trust

security
invested,
or

upon any

which
loss act
or

of

of from
whom the

the

shall

or

for

damage
any

arising
with

bankruptcy,
any moneys,

insolvency,
securities,

tortious

of be
or

person
or

or

effects

shall

deposited
on

for

any
or

loss for

occasioned other in the

by
loss,
execution the

any

error

of
or

judgment
misfortune duties of

oversight
whatever

his

part
shall

any

damage,
of

which in

happen
thereto,

the

his

office
own

or

relation

unless

same

happen

through

his

dishonesty.

ENACTMENT
As

NO.
12 of

13
of

OF
4

1916.
of

amended

by

Fed.

E.

1917,

17

1918,

1919,

and

21

of

1920.

An

Enactment Boards
to

to

repeal

and

"

re-enact

The

Enactments,
Boards.

1907," being

the

Law

with

Sanitary regard

Sanitary
Young,
President

Arthur

[27th November,
of the Federal
Council. 22nd

1916.

December,

1916.]

It

is

hereby
as

enacted follows
:
"

by

the

Rulers

of the

Federated

Malay

States

in

Council 1.

(i) This
in

Enactment

may

be
come

cited
into

as

"The upon

Sanitary
the

Boards

short

title,

Enactment,
thereof

1916,"
the

and

shall

force

publication

mm"Tna
'^p^^'-

Gazette.

(ii) Upon
mentioned All (iii)

the

coming
in

into

force

of

this shall

Enactment be

the

ments Enact-

the

first schedule

repealed.
and
any

by-laws passed, declarations,

made,

rates

hereby
commencement

imposed and repealed which

of this

appointments, granted under exemptions in force immediately were

shall,
so

valuations
Enactment

prior

to

the

Enactment this
to

AAith

the

provisions
be deemed this in

of

Enactment

hereunder,

have

been

they are consistent and of any by-hiAvs passed and imposed, passed, made,
far
as

granted

under

Enactment.
this

(iv) Nothing
of any

Enactment
in

contained for the

time

shall

affect for

the

visions pro-

Enactment

force

being

preventing
diseases
to
or

the
the may
so

introduction

and

spread
to

of infectious
any

and

of any liabilitj^
be that liable
no

person any

punishment
other than for

contagious penalty or
this

which

he but

under

Enactment

Enactment,
same

person

shall

be and

twice

punished
any in the the

the

offence. unless

2. there
"

In

this

Enactment

in

by-laws
subject
time Avith

passed
or

hereunder
"

interpretation.

be

something
"

repugnant
the
person in

context

0^^^ler

means or

for

being receiving
which
or

the

rent

of the whether
person,
were

land
on or

premises
oaati

connection
or as

the

Avord
for any
or

is used other

his

account
so

agent
same

trustee

Avho
a

would
;

receive in shall any

the
case

if such which
the

land
person

premises
cannot be

let to
or or

tenant

and

in

such

found land
"

makes

default

include

also

occupier

if any

of such

j)remises.
Board
in
"

Sanitary

area

means

an

area

subject

to

the

control for

of

Sanitary
Enactment.

Board

respect

of

the

matters

provided

by

this

107

108
"

No.
Street
"

13

OF

1916.

way waterroad, square, footway, passage, or every which the public has a (whether a thoroughfare or not) over the and also of over public bridge. right way way any

includes

"Public funds.
"

street"

means

street

repairable out
and verandahs

of Government

Footway
Town under

"

includes

five-foot ways

at the

sides of

streets,
"

limits
the

"

means

the

limits of any
law

town

as

defined

from

time

to

time towns.
"

provisionsof
pony,

regulatingthe

establishment

of

Horse

"

includes includes
which

Dairy place from

for the
"

"

"

any milk is

cowshed,

milk

store, milk
milk

shop,
is drawn

or or

other

supplied or

in which

kept
and

purposes
"

of sale, includes
messuages,

Premises

lands, easements, buildings,

or

hereditaments
built
or on or

whether of any tenure, open not, whether public or private,and

enclosed,
whether

whether

maintained

not
"

under

statutory authority,
"

Chairman
the

means

the

officer

for

the

time

performing
Board, and
"

duties
a
"

of the

office of Chairman Chairman,

of the

being lawfully Sanitary

includes Officer

Deputy
Officer

Health duties

means

the officer for the time

to

the

of Health Health
"

the

being performing Sanitary Board, and includes

Assistant
"

Officer.

House

includes

house
are
"

and

shop, also schools

"

dwelfing-house, warehouse, office,countingand any other buildingsin which persons

house, hut, shed,
of
a

employed, Building
used also any includes for the
any
or

roofed
or

enclosure

whether

purpose

human

habitation

otherwise,

and

wall, gate, post, pillar, paling, frame, hoarding, slip,

dock, wharf, pier,jetty,landing-stage, or bridge,

act, omission, or thing occasioning or means any ofi^ence, harm, likely to occasion danger, or injury, annoyance, the which is is likely of to smt^ll, or sense or or damage hearing, sight, be health to or injuriousor dangerous to property,
he dwelling in which he does not uses a sleeping apartment, although he has and uninterruptedly or has elsewhere a dwelling where person to in any
uses
"

"

Nuisance

"

is said

"

reside

"

times someuse times some-

it

another
'

such

apartment.
where he

person

does

not

cease

to

reside

in

dwelling
from

has

such

because any
"

he

is absent
no
'"'

it if there

is the

time

and

abandonment
any
or

of the intention

an apartment merely libertyof returning at to return at pleasure

.

Market

means

place (other than

the

sale of animals articles

"

of tish, meat, for human

of food market which

"

used for a shop) ordinarily other perishor vegetables, able consumption. fruit, market
be

Public
or

means

which declared
a

has

been

declared under

market,
Enactment,

may

hereafter

market,

this

110
Duties of saniBoards. measures

No.
dutics for the
:
"

13

OF

1916.
shall within be the to
area

4. The

of

tary

Sanitary Board following purposes

a

take

all lawful
to

subject

its

control

(a)
E. 17 of 1918.

The

control of buildings and regulation and building operations,including such alteration of existingbuildings in the opinion of the Sanitary Board, be necessary as or may, of health and, in the case of buildings expedientfor reasons erected in accordance with plans approved by the Sanitary

Board, the payment,

with

of any such funds ; provided

cost

alteration that

the approval of the Besident, of the in whole or in part from jyublic Section
48 shall

nothing in

apply

to any

such

payment
out

(b) The
and

laying
other

and

maintenance
; the

of

reserves

for recreation

of unoccupied and planting and preservation of trees shrubs the out, laying cleaning,watering, lighting,and ; of streets, canals, and control of bridges ; the removal undue of the houses the naming projections; numbering ; of streets subject to the approval of the Resident of the the jurisdiction State ; and in places within of a Sanitary which Board to a Sanitary Board Engineer has been the appointed making, repairing,and draining of streets, and canals, bridges. purposes

enclosure

and

care

premises ;

the

(c) The

control

and

supervision of

:
"

and (1) Drains, latrines, cessjiools,

dust-bins

(2) Wells

and

water-tanks

(3) Stables and cattle-sheds and places for keeping sheep, goats, swine, and poultry,including,if the Sanitary
Board
shall
on

think all

necessary,
owners

power

to

make

it

compulsory hackney only public stables for their horses and carriages such terms and subjectto such charges as may upon from time to time be prescribed ; carriagesto
use

of

(4) The (d) The

sale of fresh
to hawk

provisionsand
;

the

of licensing

persons

food-stuffs and

and slaughterhouses regulationof markets be of the fees to fixing charged for the use of the same, shall think including,if the Sanitary Board the of the exclusive grant to particularpersons necessary, right to use any slaughter houses, or of the exclusive right to provide or slaughter any particulardescriptionof beast for human food, and the prohibitionof the sale within a and
the certain in such

establishment

radius market

from
;

market

of articles of any

kind

sold

of otherwise or (e) The licensing, regulation by registration, bakeries, dairies, laundries, and street stalls ; the seizure and

disposalof

unwholesome

fish,flesh, or other
of licensing
common

provisions; lodgingnative

(/) The
E. 4 of 1919.

and regulation, inspection, other

houses, eating-houses,jinrikisha stables, theatres,

inns, and

places of

public resort, and

premises wJiere

SANITARY

BOARDS.

Ill

of enforcing the reside, with the view jinrikisha-puUers observance of ordinary sanitary regulationsin respect of crowding Hghting, ventilation, whitewashing, drainage, and overtherein The {(j) establishment
;

and
to

including power
the
same

regulation of pubHc bathing places, charge fees for the use of or to lease

(li)The

and including, disposalof refuse and night-soil, shall think the publication Sanitary Board necessary, of rules making it compulsory on who all persons may buckets buckets to buy such from the require night-soil Board such the fix Board at as Sanitary price Sanitary may ; if the

removal

{i) The prevention and abatement of dangerous, unhealthy, or

and

of nuisances offensive

and
or

the

trades

regulation occupations ;
e. 21 of 1920.

of places favourable

to the

breeding of mosquitos.
otherwise

{j) The

regulation by registration, licensing or covered or places,whether kept or used open, intended for sale or or cars storing motor conveying persons for hire ;
prevention
in verandahs
or

of

for
hire

housing
or

for

{k) The
and

and
or

removal

of
;

obstructions

in

the

streets

footways
of ruinous
the removal

[1)The
or

repair and outbuildings,

examination

removal

or

dangerous houses, huts,

of occupants
persons where the and

therefrom the

: 12 of 1917.

(m) The

of the bodies
of death
a

of dead
cases

e. certifica-

tion

of

the

cause

in

cause

of death

has not been

certified by
and removal

medical duly qualified

practitioner ;
in

(n)

The

prevention
persons,

abatement

of malaria, includingtreatment
action

of (o)
The

buildings, land,
control and

and

and persons, other property ;

of

respect of

or regulation, by licensing

otherwise, and, in

the discretion of the Sanitary Board, the

erection, and

of the use, prohibition display of placards, posters, sign-boards, skythe streets, whether
or foot-passengers,

signs,and (p)
The

other devices ;

control in regulation and of traffic of vehicles, traction engines, animals,

othervnse

;
or

(q)

All

other matters, whether similar connected mentioned, with the of the

area

not

to

those

abovethe

improvement
5. For
conduct
pass
or

conservancy subject to its control. in

and

the of its

various
own

purposes business a

described

Section

and

for the
power to

Power

to pass

Sanitary
with

Board

shall have

^y-'*^^-

by-laws
of
any

not

inconsistent Enactment
such

other

the provisions of this Enactment for the time being in force and to
to
or

declare
to

whether
or

its control

to

some

by-laws shall apply specifiedpart

the

whole

parts

subject area thereof, and to

prescribe penalties for breach thereof not exceeding the penalties 7 ; and prescribed by Section is hereby Sanitary Board every required to pass such by-laws, either in addition to or in substitution
for

by-laws already existing, as

may

from

time

to

time

be

prescribed

112

No.
of the State
;

13
with

OF

1916.

by
to

the Resident Government

and

such the

of reasonable
may
Confirmation and of

fees for such

approval of the Chief Secretary by-laws may provide for the payment licenses,or other matters as registration,
the of this Enactment.

be

required for

purposes

publication by-laws.

in any State and no by-law passed under this Enactment rescinding or varying any such by-law shall have effect unless and until it has been confirmed by the Resident of such State with the and approval of the Chief Secretary to Government published in the Gazette.

6. No

resolution

Penalty
breach

for of

7. If any for the

or

by-laws.

is guilty of the contravention person breach of which no penalty is otherwise

of any such by-law expressly provided, Section

one

of

infringingany

exclusive

right granted

under

{d),he

shall be liable

dollars,or
ten

conviction to a fine not upon in the case of a continuing offence for every

exceeding
to
a

hundred

fine not

exceeding

dollars

day during

which

such

offence

is continued.

Enquiries
fires.

into

8. (i) Where

damage
the
in

or

any fire occurs loss is occasioned maj^ two if he

or more

Chairman

writing by
cause

the

of such

fire and

a Sanitary Board area whereby dwelling-house or other building, thinks fit,and shall if requested thereto an rate-payers, institute enquiry into the circumstances attending the same.

within

to any

(ii)For
and
may

the purpose of all the exercise

such

enquiry
and in

the other

Chairman
powers

shall which

have shall

statutory
and

for the of the

by a Magistrate of summoning and enforcing the attendance witnesses, for administering oaths or affirmations to such witnesses, and and for compelling such witnesses all reasonable to answer which the subject of are questions relative to the matters proper such enquiry.
First Class for The Chairman shall within seven days from the conclusion of (iii) transmit Resident of the State the depositions the to enquiry him taken of the fire. with his by together finding as to the cause such
Minutes submitted Resident. to be to

time

being

be

vested

exercisable

9. Full

minutes Board of the

of shall

the
be at

proceedings
submitted
earliest

at

all

meetings
information after the have

of

Sanitary
Resident the
annul

for

the

every of the

State the
or

the

opportunity
State

close of power
to

meeting,
the All

and

Resident

of the

shall

whole members

any

part thereof.
servants

Public

servants.

10. deemed

and

of the

to be

public servants by-law any enforce the

within

Sanitary meaning of

Board

shall

be

the Penal
or

Code. any of

Powers where made.

of Sanitary Board default

11.
notice any

(i) When
issued such work
to

passed under this Enactment provisions of this Enactment

or

by-law requires any act to be done or refrained from to be executed or or by the owner occupier of any premises any and default is made in complying Avith the provisions of such such act to be cause by-law or notice, the Sanitary Board may done work such work and to be executed or pull down any may in contravention executed of any such by-law or notice.
(ii)All
the
expenses

incurred this

by

the may

Sanitary
be

Board

in

carrying out
the
manner

provisions

of

section

recovered

in

SANITARY

BOARDS.

113
of the

provided by this Enactment the Sanitary Board at may owner or occupier by action
12. An annual
rate

for the
its in
a

recovery
recover

unpaid rates,
same

or

option
court

from

the

of law.
Power
'"^'"^-

of this Enactment, general purposes of public lighting, public water supply, including also the purposes all lands and upon be imposed upon and protection from fire, may all houses not and area buildings within any Sanitary Board value. Such rate shall of their annual exceeding fifteen per centum for the be fixed from with instalments each 13.
annual in
or

to

levy

time

to time

by the Resident
and shall be demand months

of the
the

State

after

sultation con-

the

Sanitary Board
without the

payable by half-yearly
owners

advance

by
of

of and

such in

lands, houses,
year.

buildingsin

January

July

(i) In addition
rate

to the rate

referred
may be

to in Section

12,
or

further

Further

rate

and

for the said purposes portions of holdings which

or

imposed
under
or

upon

all

holdings ,""not"buTit
on.

being

held

grant
or

certificate

of title
are

Government
with

lease the
a.

terms,

not

inconsistent of the
a area

one-half

of

rightto build such holdings or

of 100 feet of that

express a house

being
house

within erected
in the

distance

implied,whereof houses covering portions of holdings and public street have no any

thereon
case

;
a

provided

(a)

of 100
not

be

distant

holding whereof part only is within a distance feet of a public street the said further rate shall is imposed on any part of such holding which than 100 feet from a more public street ; and
of of
a

(b) in

the

case

holding
the

whereof
the

part only has

shall not such be of the

no

house

erected
upon

thereon such of the of 100

rate

said further
area

rate

imposed
within

part unless
area

part exceeds
and

one-half
a

included
a

in

holding
this

distance annual
time

feet of be

public street.
under section exceed shall be fifteen of the State
rate

The (ii) fixed from with

per centum

to

imposed
;

to time

by

the Resident
such value

after consultation

the of

Sanitary
the

Board

shall not

annual

of

the

it is imposed and holdings whereon for prescribed payment of the rate referred

holdings and portions of shall be payable in manner

to in Section

12.

shall be payable in this section imposed under of the 1st January, 1916, and day respect of any period prior to such rate shall be payable in respect of any holding or portion no the date of the of a holding until the expirationof three years from No (iii)
rate

grant

or

lease

under

or

pursuant

to
a

which

the

same

is held

nor

in

respect of any
included three
within consecutive

holding or portion of
a

Sanitary Board
years.
"

area

holding which for a period

land lease.

shall have of less

been
than

(iv) In
grant
or

this

section

"

holding
or

means

comprised

in

one

certificate

of title

Government

(v) This section shall have effect only within such Sanitary Board from be declared as areas areas or may portions of Sanitary Board
time
to
in"

time 8

by

the

Resident

of the

State, with

the

approval

of

114
the

No.
Chief

13

OF

191t
to be

Secretary to Government,
addition

subject to

the

provisions

thereof.
Drainage
E. rate.

13a. and
the

(i) In
Board
a

12 of 1917.

control and
may
or

to the draining of streets, canals, and bridges supervision of draiyis in Section 4 referred to, a

Sanitary
its control
water

install and
within

maintain

within

the

area

system
any

systems of drainage for the removal

the said
area.

subjectto of superfluous
a

from
rate

lands
the
cost

(ii)To
annual
to

meet
or

of such

instalment may,

and

maintenance
to the rates

annual further
12

rates

in addition

further referred
all
or

in

Sections
and such

and

13, be imposed upon

the

all lands

and
Board

upon

houses
within

buildingswithin
part
or

whole
as

of

the

parts thereof

may

be

area Sanitary appointed under

section sub-

(iii).
rate to be imposed utider this section shall be (iii) Every annual time time to fixedfrom by the Resident of the State after consultation with the Sanitary Board, and ivhere any such rate is not to be imposed the limits within the whole of a Sanitary Board which it is to on area in this sub-section provided be imposed shall be fixed in the manner for the fixingof rates.

(iv) A rate centum of the it is imposed

of the
Resident may certain

imposed
annual and shall

under

this section

shall

not

exceed

five per
whereon

value

of

the land, houses, and

buildings

be

payable

in the
12.

maimer

for payprescribed ment

rate

referredto in Section
and

exempt

property.

buildings used exclusivelyas places for religious worship, public burial and burning grounds, all buildings used for all and exclusively public schools or for charitable purposes, rented to the Ruler the of the State or or property belonging by be exempted Government of the by direction of the Resident may
all

14.

Houses

State
Board maycertain

wherein The

the

same

are

situated from value

from

payment

of any
any ten

rate.

15.

Board
land

may

exempt
annual

payment
whereof

exempt

property.

building,or
if the
or same

the

of any rate is less than

or

house,
dollars house
at

be the

sole rateable

property
rent

hut

which

shall be

occupied

free

of the owner, by labourers

any

employed

any
Remission
rate when
a

plantation or
In
cases or

mine. described
vacant
so

of

16.
any

liousc

is not

house

building shall
any may year

of property assessed as have been the Board be

in Section
of the

18 where

for

thirty consecutive
rate

occupied.

days during
that which
year
as

shall remit
to

much

for

proportionate
or

the have
or

number

of

the

said that

house the

building may
of
in such

remained

days during unoccupied :

or

provided
shall have and

owner

house of the

building
vacancy

his

agent
to

given
date
rate

notice

writing
of rate

thereof

the

Board,
from
Assessment upon value annual of

that the amount of the

or

to

be remitted
notice.

shall be calculated

the The

delivery of imposed
value
manner

such
upon

17.

rates annual in the

and houses, buildings,

in any

lands
area

according
shall be 18. In

to

the

thereof

property.

assessed
cases

hereinafter whole
area

Sanitary provided.
under

Board

Annual

value

in which

the upon

comprised
of such
open

one

ment docuas

of premises wholly built

upon

of title is built
be

exclusive the

spaces

are

how

to

required

aacertaincU.

for sanitary purposes

estimated

gross

annual

rent

at

SANITARY

BOARDS.

115
or

together with might reasonably expected to

be purposes

which

such

lands

the

houses
year to
or

buildings thereon

let from

of the

rate

be

held

and

deemed houses

shall for the to year annual value of be the

such
annual

lands value

together

with

the

buildings thereon.
include the

The
value

of any 19.

of premises so machinery contained

In
cases

estimated therein.
are

shall not

of lands

which

vacant

or

unoccupied

or

only

Annual

value

built upon in its discretion assess the annual the Board ^^i.ouTbu^ut' partially may value thereof as described one-tenth of the sellingupon how to be in Section 18, or value
may

of such be held

property
and

at

the
to

time

when
annual

the

assessment

is made

deemed of the such

may
as

be

the For

value of

of such

property
into
to

for the

purposes sellingvalue of

rate.

the

purpose

ascertainingthe
be taken

property
in the to the

all such

facts

shall

consideration material 20.

year For to year

as

opinion of the Board

current

be deemed of such Board and

at

be

evidence the
cause

market
assessment

value the

property.
shall from
Record of

purpose
a

of

such

valuation

to be made in
a

of all houses
to

buildings,
the

^a'*!**^'""-

Such of the
name

valuation

shall be
wherein
owner

entered

book

be

kept
of the

office the
a

Board,
of the

also shall be of the either

written

in distinct
name or or

columns

property,
name

the

occupier,
which

designation of to identify the

such

the
same,

property
the

by

name

number

sufficient

of the the

street

localityin
the
rate

property

is situated,

and

amount

of

assessed

thereon. 21. shall When be the

name

of

the

owner

or

occupier

is not

known,
also
as

it
in

Designation

of

any

designate him in the said book, and this Enactment, proceeding under the "owner" or "occupier" of the property on which further description. assessed, without
sufficient
or

to

unknown"^"^

notice

other

the
is

rate

22.

(i) In

order

to

enable

the

Board

to

assess

the

annual
to

value

Retiirns

may

be

of any houses, lands, tenements, or the Chairman require the owner may
returns

buildings liable
or

assessment to furnish
as

oJ purposes
valuation.

occupier thereof
information list
or

of the

rent

thereof

and

to

give all such

may

be necessary for the preparation of the assessment for the purpose of such and for the assessment, Chairman
purpose
or

otherwise the that and

Power
houses

any at

person

appointed
between the
survey

in

writing
c?

by
"/

lilve purpose him for

enter
no

to enter
etc.

may

any

time

sunrise
same.

and

sunset

inspect and
shall be made

if necessary

Provided

that

entry
actual

under

this section
consent in

into

any

dwelling-house in
such

occupation, unless with the four hours' previous notice

the hour
as near as

of the occupier, without

to

twenty-

writing

occupier specifying

may
or

be of such

intended such
one

entry,
return
or

Whoever (ii) information which makes

as

refuses aforesaid

fails to furnish for the

space

to

of
to

week
and
or

from

the

he shall have
a

been

required so
return
or

do,

whoever
incorrect

give such day on knowingly

tion, informaor

Penalties returns,

for
"

etc

false

or

incorrect

gives false
or

and
any
or

whoever

hinders, obstructs,
him

prevents
from

the

Chairman

person

surveying
a

appointed by as inspecting, entering, such tenements,"shall houses, lands, buildings, or any

fine not

aforesaid

be liable to

dollars. exceeding fifty

116
rublic notice of

No.
When
in

13
has

OF

1916.

23.

the the

vahiation and

been

completed
in

the

Board

shall

valuation.

notify
and

Gazette
in

by placards
of valuation such the
or

Malay,
be be

English, Chinese,
town

Tamil where
in

posted
the whose

consi:)icuousplaces throughout the

may may
or

the the

place
person

record be

inspected ;
shall of
any

and

custody
to assessment

record
owner

person included
to

appearing
in the
same

occupier
and
to make

the

agent of such

owner

permit every property or occupier

from there-

inspect the
without 24. The

during

office hours fee.

extracts

payment
shall

of any

Notice

of

sideration con-

Board

of

than
will

six weeks

from
to

complaints.

proceed
assessed

give public notice of a day, not being less date of publication of such notice, when it consider such and valuation complaints against
the all
cases

assessment,
time

and
or

in

in

which thereof

the assessment thereof shall be

to

property is for the first any is increased the Board shall

or

also
All at

give notice complaints

so

the

made before

least

fourteen made

days

complaints
amendments
may
Adoption
assessment. of

shall be

of the valuation

occupier of the property. personally or by agent or in writing all the day fixed in the notice and the Board and such enquired into by shall thereupon be made the Board as
owner

deem After

just.
the

enquired into and the revision assessment has been completed the amendments made shall be authenticated of by the signatures of two members the Board, who shall at the same time certify that no valid complaint has been made against the valuation and assessment except in the cases in which amendments have been made ; and, subject amendments to such thereafter be duly made, the rate so as may
of the valuation and assessed the shall be deemed is made,
to be the rate year

25.

complaints

have

been

for the whole shall

commence

year
on

for which the

first

assessment

and

such

day
Further of assessment list. ments amend-

of

January.
(i) Where
or

26.
any

owing
any

person

to mistake, oversight,or property which ought to have list has been

fraud been

the

name

of
in
or

inserted
or

omitted
in such any

from list or

the

assessment

omitted

from

inserted
or

building
list

property has been any newly built or rebuilt

been

assessed insufficiently becomes

may is

where

liable to
at any

assessment time

after the list has such

compiled, the Board accordingly ; provided that notice

in

amend month

given

to

all j^ersons
one

interested from
is to

the

amendment Provided

of

time,

not

less than

the date be
or

of the service

of such that
in

notice,
the
case

at which

the amendment

made. rebuilt from

of

any

building newly

built

charged
his

shall be only a proportional part of the assessment the date of the completion of such building. interested the Board
in in any

(ii)Any
notice,
or

person

such

amendnent the
time

may

tender
in

objection to

writing

before

fixed

the

orally or in writing at that time, and shall be allowed an in person or opportunity of being heard in sujiport of the same by authorized he thinks fit. as agent,
New
ment assess-

27.
but

It shall

not

be necessary

not

compulsory
each year.

.the Board
year

preceding

may with

adopt
such

the

to prepare valuation
as

new

record
assessment

every

and may in

year, for the

be

alterations

particularcases

118
at the

No.
time of the attachment

13

OF

1916.
such

that

property will

be

sold

as

therein

mentioned.
be

(ii)It shall
any
Sales warrant of under
:

lawful

for such

officer to break of
costs the
or

house

or

building for the

the
amount due

purpose

in the daytime open such attachment. effecting

be
seven

35. from

Unless
the

with
or

application proceeds.

date the

of the

attachment attached

paid within operation of the

days
be

warrant

suspended,
necessary

property
sold

such

shall be

by public auction
of the said amount
in person

be part thereof as may and the proceeds shall be and

applied in
if any
time
Property
be attached wherever found. may

satisfaction

costs, and
the

the

surplus
at the

shall be of the

paid

to the

possessionof
from

property

attachment. movable

36. The fee is due

may be

property of
in in

any

person

whom wherever due

any

rate
same

or

may

be attached for default

manner

aforesaid of the

the from

found

payment

money

such

person.
Attachment and sale of immovable

37.

(i) If

the

amount

due

cannot

be

recovered of
a

in

the

manner

aforesaid, it shall be lawful

on

for the

Court

Judicial
or

Commissioner other
a

property.

the

applicationof the Secretary of in that duly authorized D in the second in the form substantially
the

the Board behalf

schedule to

officer of
warrant

Board

issue

for the

attachment such
amount

and has

sale

of the immovable due.

projDcrty in respect of which

"

accrued

(ii)The provisions of Section Enactment, 1911," shall apply

under
this section in the
same

68 in way

of
the
as

The

Registration of
warrant

Titles issued of

of any case in the case

of

warrant

execution

of

decree. shall be made and

The (iii)
the to

attachment

officer named such warrant,

in the warrant

by an order expressed to

under

the hand

of

be made

pursuant

from

from
copy

prohibiting the person liable for the said amount or transferring charging the property in any way and all persons A from him b}'^ otherwise. or receiving the same purchase, gift,
of the order shall be served
copy

and

shall also be fixed up

the person upon in a conspicuous

liable

as

part of
the

the

aforesaid, property
of such
of the

attached.

(iv) If
attachment
warrant

at

the such

expiration of
amount

three
not

months

from
or

date

has

been

paid

the

operation

suspended, the property

the terms The
of the warrant.

attached

may

be sold in accordance

with

Application r-roceeds.

of

applied in the first place in including fees for of title and for registration of transfer preparation and registration of the property to the purchaser, and in the event of their being any surplus remaining the Board shall,if it is satisfied as to the right of the amount to such any ])"TSf)n claiming H\n;\\ surplus,pay person, and if it is not satisfied sliall place the amount on so deposit in the who Treasury to be held in trust for the person ultimately may succeed in estal)lishing his claim thereto. proceeds
of the satisfaction
amount

38.

of such

sale shall be

due

and

of all costs

Purchaser's title.

39. issued

To
on

the

j)urchaser
of his

at

sale under
money

Section
to the

37

there
an

shall

be
in

payment

purchase

Board

order

SANITARY

BOARDS.

119
Court
so

writing from
have the

the

Judicial

Commissioner's
or

title to the

property
without have
or

interest

entitlinghim to purchased by him duly

fee therefor, and
and

in his name registered shall such registration in him

over

the
the

payment

of any

effect of
free from

to transferring

vesting
created

such
it and
as are

property
from

interest

all encumbrances derived from

it

all subordinate

interests

except
been the the

such

expressly reserved
person
the the

at the time
or

of the sale.

40.

If any

whose

movable of

immovable this order

Enactment to the to

property has
Court whence

Application

to

attached

under

provisions
issued

disputes

attachment!''

propriety of
warrant

attachment,

of attachment
Court after in the

he may for an

apply

stay the proceedings,

be necessary

and make

the

such

order
sum

making such enquiry as may premises as may be just.

from
or

shall

41.
account

If the

due
rate

the

owner

of any deduct which

rate
or

fee is

paid by

of any the

house or building on occupier thereof, such

Recovery
owner

from

of

assessment

paid

occupier may
the
owner

in the

absence the

from may

of any agreement to the contrary with of his rent and following payments next been
has than
so

by occupier,

the amount 42. house the No

or

have

paid by
due
year

him.

fee which
more

remained
one

from

the

owner

building for
of

shall be recoverable

of any from

occupier
^"^

when

'''^bie.

occupier thereof
Instead

not

being the

owner.

43.

failure to realize
sum

proceeding by attachment and sale the by attachment

same

and
whole

sale,
or

or

in

case

of

Alternative

any

part of the

P-^ocedure.

due

in

respect of
the

liable to pay 44.

the person sue may any rate or fee, the Board in any Court of competent jurisdiction.

this Enactment

by service of required or authorized Every notice, order, or document to be served on "t^erdocuor by any by-law passed hereunder whom is ments. it to the be served personally person upon person may any adult be left at his usual addressed or place of abode with some of with the exercise of his family, or if it cannot servant member or be affixed in some due dihgence be so served may conspicuous part to be duly served ; of such place of abode, and shall thereby be deemed of the abode the of that owner or occupier of any if place provided such notice, order, or land, house, or building in respect of which if the owner be unkno%vn, or or is required to be served document be not resident within the of such land, house, or building occupier
Sanitary Board
area,

every

such

notice, order,
on some

or

document

shall

be

deemed" to
45.
No

be

land, house,

or

duly building.
or

served

if affixed

conspicuous part

of such

attachment
nor

sale under

this Enactment the

same

shall be deemed
a

unlawful
on

account

shall any person of any defect or and be

making
want
or a

be deemed in any

trespasser
of

irregular proceedings.

of form other

notice, warrant
on

attachment
nor

sale, inventory,
deemed

proceeding relatmg thereto

account

shall any

person such

trespasser ab initio

of

any

afterwards irregularity
Court

committed

by

him

but

all persons

aggrieved by
in any

of

seek relief for irregularity may competent jurisdiction.

any three rateable

the

damage special Sanitary Board

46.
area

(i) Whenever
is sold
or

property within
be the

Not^i^ejo^be

transferred, it shall
months
in to the

duty
sale

of the
or

transferee
notice

within

after

such

ot'ratepurchaser or ^r'ansfe" transfer to give able property,

thereof

Board

writing.

120

No.

13

OF

1916.

the of any rateable oA\Tier property witliin a (ii)Whenever shall the it be Board dies, area duty of the person Sanitary succession to give notice thereof otherwise the or owner by becoming thereof the
Board of may

in

to wi'iting

the

Board

within

one

year

after the

death

of

deceased. the
or

tion require produc-

deeds.

receipt of any such notice of sale production of the instrument

On (iii)

Board

may

require

the

transfer

if any.

Liability for
rates

(iv) Every
within
a

person

who

sells
area

or

transfers such

of has
not

transferor who

given

notice.

Sanitary Board of all rates payable in all other of performance

upon
the
oA^Tier

shall continue

rateable any liable for the

property payment
for
the

respect of
Avhich

property
this

and

obligationsimposed
become notice of such

of such
time
or

property
before has

by payable
has in the

Enactment
or are

to be

performed
or

at any

transfer

been

given
of
the

until the

sale

transfer herein

been

recorded

books

Board.

Nothing purchaser or transferee to pay the rates in respect of such property to perform such or obligationas aforesaid or affect the right of the this such such obligationunder Board rate or to enforce to recover
Enactment.

contained

shall affect the

of the liability

Notice

to be
new

(v)
rebuilt

When

any

new

given of

buildings,

etc.

or enlarged or re-occupied, the owner give notice thereof in

building is building is erected or when any is been has vacant when building which any such fifteen within of days building shall writing to the Board.

the from period of fifteen days shall be reckoned first occurs, completion or of the occupation, whichever has been of the building which newly erected or re-built or of the and of a building which in the case the as be, case enlargement, may has been vacant from the date of the re-occupationthereof.

(vi) The

said

date

of the

Kotice

to be and

(vii) When
the payment order of the the Board.

any

building or portion of
is demolished the such in
owner or

building which
otherwise thereof
owner

is liable to than

tions given of demoliremovals of

of rates

removed

Board,
Until
rates

shall give notice

is

in

by the writing to
continue
a

buildings.

notice

given

the

shall

liable to pay if the same as

Penalty
failing
notice.
to

respect
been

of such

buildingor
or

portion of

building
this

had

not

demolished

removed.

for

(viii) Every
section shall

person

give

be liable Board
or

failingto give any notice required by to a fine not exceeding ten dollars.

Power upon
the

to enter lands for

47. power
enter
or as

(i) The

of purposes this Enactment.

by

itself

its

at all reasonable

have shall for the purposes of this Enactment to contractors officers,servants, workmen, or ing buildhours in the daytime into and upon any

land,

as

well

for the
to

Enactment

or l)roceedings of anything done Proviso.

for the purpose of making any survey or tion inspecauthorized of executing any work by this purpose be executed by it, without being liable to any legal molestation of such entry or whatsoever account on
in any

part of such
that its officers shall

building or
except
not

land

of this

Enactment.
the Board
or

Provided

when
enter

herein into

in pursuance otherwise

provided
house

any

dwelling-

in actual

occupation, unless
six hours'

with

the

consent

thereof, without

previous notice

to such

occupier occupier. premises by-laws

of the

F,. 4 of 1919.

declare that any class of (ii)The Resident of a State may for the control, supervision, regulation, of which or inspection

SANITARY

BOARDS.

121

passed under Section 5 are liable to night inspection,and Health Officer may time of the at any or thereupon the Chairman without and notice day or night by himself or by any Sanitary Board officer generallyauthorized in that behalf in writing by the Chairman into and enter inspect any premises of the class specifiedin the
may

be

declaration. 48. (i) Except as herein otherwise provided, are compensation, damages, costs, or expenses by
any in

all

cases

when
or

compensation,

this Enactment the

case

eosts*trbe"^
cietermined

by-laws passed

hereunder

directed

to be

paid
in
a

amount

and

if

by

necessary

summarily compensation
Court of
a

the apportionment of the same ascertamed and determined

claimed
amount

shall

of

dispute be
if the

Masistrate.

by

Magistrate, or
dollars then

to

one

thousand

by

the

Judicial
amount the

Commissioner. of

(ii)If the
not

compensation, damages, costs, or

the
same

expenses

be after

paid by

party liable to pay

amount

within such
a

demand,
and

such

may
same

be way

reported to
as

recovered

in the

if it

were

seven days Magistrate or Court fine imposed by such

Magistrate or
49.
Enactment

Court.
license be the
one

(i) Every
shall

issued

under
at
was

revocable
same

by-law any the discretion

in

passed
of the

under

this

Revocation

and

"^ Sanitary S'^enl'J^"*'"

Board
the

by

which

issued

expiration of thereof, and every

month's
license

notice shall

Avithout at compensation \vritingserved on the holder tion cancellaon

such without

be liable to immediate without

or

by comply
time

the

Board

notice
or

and

compensation
agents
such license may

failure of the with

holder
any

thereof
or

his servants

to observe

any and

by-law

condition

to which

from

to time

be subject.
be

(ii)It shall
refuse to issue

laAA'fulfor the licenses.

Sanitary

Board

at

its discretion

to

any

50.
any

All moneys received by Enactment other shall be

credit of the Board Board

any be

public revenue
Government

by
other

the

Sanitary Board by virtue of this or paid into the District Treasury for the entrusted to a Sanitary ; and all moneys for expenditure shall be applied by the
a

Disposal

of

obje^te^oT*^
expenditure.

for the purposes

measures

described
necessary to the

in Section

4 and the

in the
or

execution convenience
as

of

promote
purposes

health

of the

public and generallyfor deemed expedient by the

and direction
statements of the

of this Enactment

may

Board

and

subject

in

all

cases

to

the

control

Resident

of the

State.
account in such
Accounts,

51.

Proper

of all

shall be kept and of any Sanitary Board the Resident form and at such times as

and disbursements on receipts rendered periodically of the the State

may

direct.
Application
of

51a.

(i) The

Besiderit

of
may

State, with

Secretaryto Government, Gazette apply, with such

of
any the

from

time

to

as modifications or

provisions of

this Enactment

any

approval of the Chief in the by notification shall seem to him fit, any thereunder to by-law made
time

areafMt"bein
sanitary
Board ^

^^'^^ ^^^^

area

ivhich is not comsituate in the State whereof he is Resident prised thereupon and in whole or in part ivithin any Board Sanitary area,

and all such by-laws made provisions of this Enactment in such shall, subjectto such as are specified notification the the area to which within into modifications as aforesaid,come force
all such thereunder
same

have

been

applied.

122 (ii) Where

or

No.
under

13

OF

1916.

subsection

(i)any

of the provisionsof this

shall have beeen

ment Enact-

any

by-law

area, to

the Resident

Government,
or

made applied to any of the State, with the approval of the Chief Secretary in the Gazette appoint any by notification may
either all
or

thereunder

person within

persons,
area or

such

Enactment
on a

by

any
or

Sanitary Board
(i) No
or

to exercise and or by name office, perform the and duties which are of by this powers any conferred or imposed by-laivmade thereunder on any of its officers.

Protection

of

52. done made

acting persons this under

Enactment.

bond of

exercise

for anything shall be brought against any person in the exercise to be done or fideintended supposed the powers or by any by-law given by this Enactment
action
"

thereunder

(a)

without in

giving to writing of the

the of the

such

one person action intended

month's

previous
cause

notice
;

and

of the from

thereof of the

{b) after

expiration of
cause

three

months
;

the

date

accrual

of action

(c) after tender (ii)In

the every

of sufficient amends.
so

defendant
or

reasonable
to prove

such

expressly alleged that negligentlyand without and if at the trial the plaintiff shall fail probable cause, judgment shall be given for the defendant. allegation
action

acted

either

brought it shall maliciously or

be

in any such action judgment be given for the plaintiff unless the shall not have costs against the defendant plaintiff before whom the action is tried Magistrate or Judicial Commissioner his approbation of the action. shall certify

(iii) Though

such

The ENACTMENTS
FEDERAL

First

Schedule. REPEALED.
ENACTMENTS.

No.

and

year.

Short

title.

4 of 1911

The

Sanitary Boards Enactment,

Enactments,
1911

ment 1907, Amendment 1907, Amend-

27

of 1914

The

Sanitary

Boards

Enactments,
1914

Enactment,

STATE

ENACTMENTS.

SANITARY

BOARDS.

123

The

Second Form

Schedule. A. DEMAND.

NOTICE
"

OF

The

Sanitary
that of

Boards

Enactment,
the
191
sum

1916," Section
S
which
as owner

33. due

Take
on

notice

whereas
,

of

became

the

of

day (here describe

for the months

from
..

(you)

(or occupier)

the

property
of fifteen

or

thing
.

imposed)
Informed

191

which the rate is upon .is still unpaid you are now from the the date
sum

that,
be
cause

unless

within
sum

of this notice this

notice

the

said

days together with

office of the

of the service

of
Board

fiftycents
at

for
or

paid
be not be

into

the to

the

said

sufficient such
sum

shewn be

satisfaction said the

sum

of the

said

Board the
in
"

why
costs

should
will

paid, the
under

together

with

of process

recovered

powers

contained

The

Sanitary

Boards

Enactment,

1916."

Secretary,Sanitary
Date
Form

Board.

B. AND SALE OF MOVABLE

WARRANT

OF

ATTACHMENT PROPERTY.

"The To
execution

Sanitary

Boards the

Enactment,
name

1916," Section
officer

33.

(here
of the
it has
or

insert

of the

charged
of
not pay rates

with

the

warrant).
been made
to appear
cause

Whereas
not

to

me

that

has
sum

paid
the

shewn
to

sufficient

why
of

he should

the

of

in

Sanitary of margin for the months provided by law has elapsed since the
This said
the is to command you to may
to

due

the

Board

for the
191
..

mentioned the

although

period
:

service the

of the notice movable

of demand of the
on

attach

property
property
sum

(or, as the case premises referred to)

be,

any

movable
of the

found of S

the

amount

said

and

such further be sufficient to defray the charges of sum as may attaching, keeping, and sellingsuch property ; and if within seven after such attachment the said sum shall not be paid days next be sufficient to defray the together with such further sum as may charges of attaching and keeping such property, to sell the said and of the out property, having paid and deducted proceeds of such sale the said sum of S and the charges of attaching and keeping and sellingsuch property to pay the surplus, if any, on demand in whose to the person possession the said property was

found. You the and

manner are

further

commanded
191
.

to .with
or

return
an

this warrant

on

or

before date

day
under

of

endorsement
it has not

stating the
been of executed.
191
.

of its execution
my

why

Given

hand

and

seal this

day

(Seal.)

Magistrate.

124

No.

13

OF

1916.

Form FORM
"

C. AND NOTICE.

OF

INVENTORY Boards

The

Sanitary
of

Enactment,

1916," Section

34.

To

(State particularsof goods attached.)

Take
in the

notice above

that

I have

this

day

attached of $
in

the

sum Inventory fees) (or rates and fees) mentioned

for the

due

property specified for the rates (or

for the months

the

margin
costs

of Board within
be

191
. .

and

that due

unless

you

the
seven

amount

together
the date

pay with

into the Office of the the

Sanitary
will

of this attachment the

days

after

of this

notice

property

sold.
Date

Signature of executing the Warrant

the

Ofpcer of Attachment.

F^DRM
WARRANT OF ATTACHMENT

D. AND PROPERTY. SALE OF

IMMOVABLE
"

The

Sanitary

Boards the

Enactment,
name

1916," Section
officer

37.

To execution Whereas
has
sum

(here insert
of the
it has

of the

charged

with

the

warrant).
been made
to appear
cause

to

me

that should
not

of
pay

not

paid
$
in

or

shewn due
to

sufficient

why
Board of

he of

the
rates

of

the

Sanitary
the has the Section

for
191
. .

the
,

mentioned the

margin for period provided by law

the of demand,
"

months

although
of the
in

elapsed
said
35
sum

since cannot
"

the

service

notice the

and

that

be

recovered Boards

manner

provided by
1916
:

of

The

Sanitary

Enactment,
This

is to command

you

to attach

the
in

immovable

under property heresum

is

described, being the property due, and if within three months

sum

respect of which the said after such attachment next

the

said

shall not

be

paid
may

to the
same

said

Sanitary
to

Board

together with
or

all costs

due,
as

to

sell the

(or

any

portion thereof
the directions

interest

therein,

the

case

be) subject
to

of the

said

Sanitary Board.
You the and
manner are

further

commanded
191
. .

return
an

this warrant

on

or

before date

day
under

of

with
or

endorsement
it has not

stating the
been of executed.
191
.

of its execution
my

why

Given

hand

and

seal this

day

(Seal.)
DESCRIPTION OF LAND.

126
Implied
condition for

No.

or

1917.

5. the

Every
condition be
5

title to

land
to

which
in virtue

is

by

this 3

Enactment

subjected to

re-entry.

referred
"

Section

condition of Section
were a

subject,by
of The
"

shall in resj^ect of the said of this Enactment, to the operation

Land The

title under
were a

Land

Enactment, 1911," as if the said title 1911," and the said Enactment,
the

condition

condition

implied by
name

provisionsof
in
a

"

The

Land

Enactment,
Claims to

1911."
person

6.

(i)Any

whose

is recorded

mukim

comoensation.

is by this Enactment of any land which owner condition referred 3 and to in Section is who

as register subjected to the aggrieved by the

operation
time

of this Enactment
one

in

respect of such
commencement
or cause

land

may

at

any

within
not at

year

from

the

of this Enactment,
to

but

any

later date, deliver State wherein the

be

delivered
a

to

the

Resident
statement

of the

said

land

is situate

written

of containing particulars
any to

(a)

damage
persons

or

loss caused under

or

claiming
and

likelyto be caused to him by the operation

in

him

or

of this

Enactment

(b) the
or

compensation (if any)

loss. and date the

claimed

respect of such
not

damage period
of
to

(ii)If the Resident

six months the Resident from the

claimant

do

within said
in

of the

delivery of

the

statement

Resident

agree as to the matters shall,or if for any other reason

to do

contained

the

claim

the

expedient so
shall be dealt Sections but
so

the Resident the

of the District

in which with
as

may, land is
as

it appears refer the claim

to the

Resident

to the Collector

situate, and
be in the "The Land

thereafter
manner

the claim

nearly

may

provided by
1911,"
or

85

to

105, inclusive, of

Enactment,

that

it shall not to persons

give
in

notice

be necessary to give any other than the owner or

public notice
owners

to

of the

land

the claim is made and the proceedings shall be determining the compensation (ifany) to be awarded in respect of loss or damage caused in respect to be caused or likelj^ of the said land to the owner thereof or to persons or owners claiming Provided under him or them by the operation of this Enactment.

respect of which
to

limited

that

(a)

no

this

under compensation shall be payable on a claim made section in respect of land acquired by any person unless he ])rove by him directly from the Government, that there was himself the and no stipulation between Government
any

that

the

said

land the

should

not

be

used

for

cultivation

other
any

than

cultivation

of rice ;
in

(b) no

person

shall have land of land

"

claim

under for the

this section
purposes claim
or

respect
said

of any
sections in

or

be

deemed

of the

The
in
or

Land

Enactment,
of which
name a

1911," to be interested
is made
names arc owner

the

respect
persons

except
from
or

the
time
owners

person to time

whose
in

recorded

the

mukim

registeras
awarded

thereof. of the

(iii) Payment
made

compensation
District

(if any)

shall
is situate.

be

by

the Collector

of the

in which

the land

RICE

LANDS.

127

7.

No

suit to

shall Government
or

be

instituted
or

in

any

Court

against
of
any
or

the Federated officer from

Chief

Suits

barred.

Secretary

against
them

the
or

Government

the

Malay
respect

States
of any of under

of
matter

any
or

of

against
under
a

public resulting

in

thing

arising
excej^t
in with any

the

operation
awarded
is
not

this

Enactment,
this in Enactment

suit

to

recover

compensation
payment
of Section thereof
6

case

where

duly

made

accordance

the

provisions

(iii).

Schedule.

Bendang
Low Padi land

Paya
Rice
Kice field

(kubang)

field

Padi Padi Padi

Sawah Tanah

(paya)
sawali

pamah

Tenggala
Padi Padi

Swamp
Wet

padi padi

(tenggala) (ploughed) (padang)

Paya

Padi

ENACTMENT

NO.

OF

1917.

An

Enactment Aliens and

to

make other

provision
purposes.

for

tlie

registration of

for

Arthur

Young,
President

[8th August,
the Federal Council.
1st

1917.

of

September, Malay

1917.]

It
in

is

hereby
as

enacted follows

by
:
"

the

Rulers

of

the

Federated

States

Council 1. This

Short

title

and

Enactment

may

be shall

cited
come

"

as

The force

Registration
on

of Aliens
as

mrat!^"'^^

Enactment,
be
in

1917,"

and Chief

into
to

such

day

shall

appointed
the Gazette.

by

the

Secretary

Government

by

notification

Interpretation.

2.

In

this
or

Enactment
"

unless

there

is

something

rej)ugnant

in

the

subject
"

context
"

Alien

means

subject
Great

of

any

State and have

in

Europe
or a

other

than of

the
any

United other

Kingdom
State
to

of

Britain

Ireland been
in

subject by
to

whose

subjects by
this of

shall

declared the Gazette

the be

Chief liable

Secretary
to
"

Government

notification
;

the

provisions
of
a

Enactment
"

Keeper
any any

lodging-house
person to

includes with
or

any him

person
or

who
in

for

reward and the

in

receives

other

lodge

his

house,
is under

where

hotel, inn, boarding-house,

of thereto
a

lodging-house "keeper"

management
relation

manager includes

the
such

expression
manager.

when

used

Persons
or

arriving
to

3. who and

(i) Any
is

person to

who the

arrives

in

the

Federated States

Malay
shall
to him
or

States

or

leavini,'
all

about
answer

leave
all

Federated
and

Malay
enquiries

truthfully by
any

answer

enquiries.

fully

questions
of His authorized

put

Commissioned Forces
or

Officer
any person

Britannic

Majesty's
such
or

Naval
or

Military
any

by
such

officer

by
tend

Port

Officer, Health
that
such person

Officer, Police
the liable
answer

Officer,
any

Boarding
may

standing Officer, notwithto

to any

question
\\hatsoever

render tend
to

to

restriction

or

may

incriminate
on

him,
all
or

and

shall

disclose
in

and

produce
of

to

any

such

officer

demand

documents
to

the

possession
his

such

person
or

tending
tion, occupato

directly
or

indirectly
absolute naval section

estal)lish
or

idcMitity, nationality,

any
or

conditional under extend

any to

liability
State
any in

on

his

part

any

military

service

whatsoever. made of
any

(ii) This
who
since is

shall of

enquiry
the
or

person States
so

suspected
fourth

having
of

arrived

Federated
who

Malay

the

day

August,
128

1914,

shall

hereafter

REGISTRATION

OF

ALIENS.

129
about
to leave

arrive, or
the

who

shall hereafter

be

suspected of being

Federated

Malay
answer

States.
any

in

question or enquiry shall bo admissible in any evidence against the proceedings under this Enactment section in this that nothing making such answer ; provided person in inadmissible shall be construed as rendermg any such answer admissible. be it would otherwise other proceedings in which any Any (iii)
to

(iv)Any
section Enactment.

person

who deemed

fails to
to

shall

be

be

comply with guilty of an

the

offence

provisionsof against

this this

who

who 4. (i) Any person is about to leave

arrives in the Federated the Federated such

Malay

Malay States, or States, shall, if so

Person?

arriving

"^.^^eldTor"

directed such
as

by
as

any may

olficer mentioned be directed

in Section

time

by

3, proceed, at or before further enquiry officer,to such place or places directed.

into his the
case.

such

officer may such

direct for further who fails to

to

enquiry

(ii)Any
this section Enactment. 5. shall

person

shall be

deemed

be

comply guilty of

with
an

offence

provisionsof against this

Malay States, Eegistration of (i)An alien,wherever resident in the Federated resident to : the with as registration followingrequirements *^^^ns, comply
as soon as

(a) he shall
of the
matters

may

be

furnish

to the Chief

Police

Officer
to

Malay

states.

State

in

which
in the

he

is resident
;

as particulars

the

set out

schedule
to

(b) he shall,
the resident
is to be and
to
on

if he

is about

change
of the

his residence, furnish

in which he

to

Chief

Police

Officer

State

is then

which his residence to the date on as particulars intended and his to as place of residence, changed, State from of residence one effecting change any he shall also
moves

another into State

forthwith
to

report his arrival

Chief Police

in the

State that

which
;

he

the

Officer of

(c) he
in

shall

furnish

to

the

Chief

Police

Officer

of the

State

circumstance which he is resident particularsof any in any the of the particulars manner affecting accuracy of registration previouslyfurnished by him for the purpose has circumstance within after the forty-eight hours

occurred. Where (ii) household either himself

to
an

alien is other furnish Police alien

not is
or

lodging with
person,

or

of any
to

it shall be

livingas a the duty

the

member of that

of the
person

with

respect

to

alien the

particulars

aforesaid,or
to the

give notice

Chief
an

of the presence Officer.

a

of the alien

in his household

Where (iii)
as

has

household
as

he

shall furnish
but
as

the

ticulars par-

aforesaid

only
a

respects himself,
fails to
to be

respects
with the

every

alien who alien

livingas
other

member

of his household.

(iv) An

provisionsof this section against this Enactment.

Ill"

who person shall be deemed

comply guiltyof

an

offence

130
6. (i) The Chief
a

No.
Police

OF

1917.
State shall
5 ;

Chief Officer

Police
to

Officer of each the

purposes

keep

register.

(a) keep

for register

of Section
in the

State (6) registertherein all aliens resident by entering these particularsfor the purpose, in the register ;

who

furnish

particulars
in
so

(c)

enter

in

th3

register
with and

all other
5

particulars furnished
respect
to any

accordance

Section

with

alien

registered; {d) if
a

the

to registeredalien ceases fact in the register.

be resident

in the

State, record

Every (ii)
which

alien shall furnish

to any

to

the

Chief
as

Police

Officer

of the

State, in addition
may

the
on

particulars of registering reasonably be required for the purpose of the entered the correctness alien, or maintaining particulars the register.
information shall be deemed when
to
so

such

aforesaid, any

tion informa-

fails to give any Every alien, who (iii) required, or gives any false information, guilty of an offence against this Enactment.
Hotel-keepers
keep resister.
to

be

7. (i)The keeper lodging-house, shall

of

every

hotel, inn, boarding-house, and

(a) keep
of
or

Chief

be prescribed by the registerin such form as may of all persons the age over Secretary to Government fourteen years staying at the hotel, inn, boarding-house, lodging-house,who are aliens ;
a as

(6) as

soon

may

be

after any

such

person

comes

to

stay

at

the hotel, inn, boarding-house, or lodging-house,ascertain, and enter in the registerkept for the purpose, his name and

together with nationality, departure

the date
person

the
person,

date
as

of his arrival ;
soon on as

(c) on

the
enter

of any
in

such

may

be,

of

of that

departure and the register ;

enter in

destination
and

departure
time Chief

(d) also

ascertain

and

the may

such

other

particularsas
to
an

registerfrom time to be prescribed by the

Secretary
The (ii) who

Government.

keeper

of

hotel, inn, boarding-house, or lodging-house,

of the

(a) fails to comply with section, or

makes (fe) could
an

any

foregoing provisions of

this

entry in any
the be exercise
to

such

by

of reasonable

he knows or registerwhich tained diligencehave ascer-

false,

shall be deemed
Chief
niav

to be

guilty of

an

offence

against this

Enactment.

Secretary
oriler
to

returns

be

made

of all

keeper of every hotel, inn, boarding-house, or lodgingshall also, if directions for the purpose issued by the Chief are Chief Police Officer of the to make the to Government, Secretary
8. The house State
in

staying persons ia hotels, etc.

which

the
returns

hotel, inn, boarding-house,

aa

or

lodging-house is
at

situate, such

to

the

persons

staying

the

hotel, inn,

REGISTRATION

OF

ALIENS.

131
or

such
or

boarding-house, or lodging-house,at such times form as are specified in such directions, and
makes
any

intervals

and

in so,
an

if he fails to do to

false return,

he

shall be

deemed

be

guilty of

offence

against this

Enactment.
every view to

boarding-house,and lodging- aii persons whether a staying hote^fetl., ascertaining person any required to the at hotel, inn, boarding-house, or lodging-house is or is not an alien,require every person (whether an alien or not) who stays at prescribed the hotel, inn, boarding-house, or lodging-house to furnish to him, P*'^''''^"''*rs. in such form be prescribed by the Chief as Secretary to may in contained Government, a signed statement to the particulars as keeper of
hotel, inn,

9. (i) The

house, shall,with

that

form.
person

(ii)Every
said

particularsand keeper
or

such

(whether an alien or a signed statement

of
an

not) shall furnish

as

the
so

aforesaid

when

required.
(iii) Every
house who fails to

require

hotel, inn, boarding-house, or lodgingstaying at the hotel, inn, any person

as lodging-house to furnish such information at the inn, hotel, boardingstaying every person when fails to give any information house, or lodging-house who so to be required, or gives any false information, shall be deemed guilty of an offence against this Enactment.

boarding-house,
aforesaid, and

10.

Every

register kept
Section
any

under

Section

and

all

particularsRegister to
for
open
to

be

furnished

under Police

9 shall at

all reasonable
or

hours

inspectionby
the Chief

officer of Police Officer. of

by

any

person

be open authorized

by LTaiTtlmes.

a State exempt the keeper of any hotel, may inn, boarding-house, or lodging-house in such State from all or any of the requirements of this Enactment.

11. The

Resident

Exemptions.

12. Police

(i) Any
or

Police Chief

Officer Police

authorized
of

by

the

Commissioner
in

of that

powers

of

the

Officer for
a

the

State

writing
may not

in

detention,
'

behalf, either generally or (a) detain

four
may

particularoccasion,
a

seizure, and
removal.

for further

enquiries during
person to in

period
such

exceeding
Officer
is
sary neces-

days
have
;

any
reason

whose that

case

Police

believe

further

enquiry
person

(b) arrest

and

bring
Officer
or

before
may

Magistrate
reason

any
to

whom of
any

such

Police

have

suspect

having
of the

contravened

attempted
and

to
;

contravene

provisions of this Enactment (c) search

whom
or

the

person it may be
or

property
for arrive in

and

lawful may

such
or

Police
be

effects of any person Officer to detain about

no

arrest,

who

to

leave

the

Federated shall be
no

Malay States, provided

searched searched

that

female

person

except by
;

female, and
a

person

shall be searched

in

provided that public place if he objects

a

to

be

so

{d) search
such

any

place or

vessel

(not being
have
reason

ship of war)
to

in which

Police

Officer may

suspect that there

132
may

No.
be

OF

1917.
be evidence of any of any of the
vention contra-

anything
or

which

may which

intended

contravention
or

provisions
in

of this Enactment,

may
or

possession
person

or

under
it may
;

the be

sole lawful

belong to or be partial control

Police

the
any to

of

whom
or

for such

Officer

detain

arrest

(e) seize, remove,

evidence
may be

and of
any

detain

anything
for
to
or

which
the

may

contravention to to

of

law,

to appear which or

be
it
or

desirable
appear

detain

further
to

examination,

which of
or

may to be

belong
sole
or

be in the

possession

under be

the

partialcontrol
Police

whom
or

it may

lawful

for such

of any person Officer to detain

arrest.

Such (ii)

Police open

Officer may
any outer
or

(a) break

inner

door and

of

or

in any

such

place ;
;

(b) forciblyenter
(c)
remove

any

such

vessel

every

part thereof
obstruction

by

force any
to

personal or
;

material

arrest, detention, search, seizure, or

removal

to any which he is

empowered (d) detain

vessel

make

every person until such

found

in
or

such

place
has

or

on

board

such

place

vessel
any

been

searched,

(iii) Any
seizure, or
be deemed
Penalties.

person

who which

obstructs

detention,

arrest, search,
shall

removal,
to be

is authorized
an

guilty of
who be

offence
is
on

by this Enactment, against this Enactment.

of
an

13.

(i)Any

person First

guilty
a

offence before the

against
Court
one a

this of
a

Enactment

shall of the

liable Class

conviction
to

Magistrate
dollars
may
or

fine not

to

imprisonment
to six

of either and
to

exceeding descriptionfor
before such

thousand
term

which
is
victed con-

extend
may,

months,
to

the
or

Court

which

he

either in addition
person enter

in lieu of any

punishment,
or

require
sureties

such
to

comply
person

Avith the
as

recognizances with provisions of this Enactment

into directs. of
may
a

without
or

such

provisionsthereof
If any (ii) requiring him
to may
Aiding and abetting.

the

Court

fails to
into

to enter

undergo imprisonment
extend
to six months. person

comply with an order the Court recognizances, of either description for

abets

the

Court
him

order
term

which

14. of any

Any

who

aids

or

any
or

person

in the

commission

offence against this Enactment

knows
an or

whom he person have committed himself

Power without
warrant.

has

reasonable

knowingly harbours any ground for supposing to

be deemed

offence
an

to

be

guilty of

offence

shall against this Enactment Enactment. this against

of arrest

offence against this Enactment Any person who commits an or being about to reasonably suspected of having committed commit into be taken offence an against this Enactment may custody without warrant by any Police Officer.
or

15.
is

Onus

of

proof.

16.

If any

question

arises

under

this

Enactment

whether that person

of person is an alien or not, the onus alien shall lie upon that person. an

proving

that

any is not

ENACTMENT
As amended

NO.
by
Fed.

5
E.
13

OF
of

1917.
1918.

An

Enactment

to

repeal

and 1914."

re-enact

The

PubUc

Emergency
Arthur

Enactment,

Young,

[8th
the Federal Council. 29th

August, August,

1917.

President

of

1917.]
States

It
in

is

hereby
as

enacted follows Enactment 1917."

it

by
:
"

the

Rulers

of the

Federated

Malay

Council 1.

Short

title.

(i) This

may

be

cited

"

as

The

Public

Emergency

Enactment,
Operation.

(ii) Whenever
to

appears any

to

the

High

Commissioner it is
may

the

existence

of

Enactment

should order
in

be that

public brought
this

emergency
into

force, he
come

owing expedient that this in by notification

force
on a come

that

the be

Gazette

Enactment and and shall

to

into

date

to

specified
on

such
so

notification

this shall

Enactment thereafter notification

shall
remain in

into
in

force until order

Repeal
savin?
and

the

date

specified
do

force

the that

High
the

Commissioner
same cease

by
in

the

Gazette

be

force.

provisions.

into the force of this Enactment the ments Enact(iii)Upon coming hereto shall be all specified in the schedule repealed, but notifications made rules, orders, regulations, prohibitions, and or

issued

under

any

Enactment
to

hereby
commencement made
"

repealed
of under
"

which this

were

in

force shall

immediately
be deemed 2. In
to

prior
have

the

Enactment Enactment. the

58. orders

been

or

issued Act

this

Interpretation.

this

Enactment
44

the
45

Army

means

Act

of

the

Imperial
Rules and for

Parliament

and

Victoria,
make

Chapter
any rules

ports

3.

The
any

High
port
or

Commissioner
or

may in the

or

ing respectand
waters

harbours.

harbour of

Federated boats
any any

Malay
therein
or

States
in any any

the of
law

movement

location

ships
with section

and

the which

Federated
may be

Malay
under and of
no

States,
this

and

provision
rule
or

of

written

inconsistent

order
in

made
the

by
Gazette

the

High
be
or

Commissioner

and

published
the
or

shall rule force

suspended
order. such
a

effect
no

during
rule

continuance

of
be

such in

Provided
manner as

that
to

such

order
the

shall action

put
any

in
or

be

prejudicial

to

of

Naval

Military
Removal of

Forces

of His

Britannic

Majesty.
may

4.
per-

Kealrated Malay
states.

Federated be
or

Commissioner High Malay States or any specified in such order and

at

Tlio

order of
or

any

person in the

to

quit
States

the
to

part
may at

place
time

said

the

of

making
be

such

order and

any

time

thereafter

cause

such
134

person

to

arrested

PUBLIC

EMERGENCY.

135

from the custody pending liis departure or removal Malay States or from such part thereof or place therein and may him from the Federated to be removed cause Malay States from such part thereof or place therein and for that purpose or to be placed in any railway train or on board of any ship or boat and there to be kept in custody until such removal has been effected. Federated

detained

in

5. The High Commissioner by notification in the Gazette, Prohibition of may, 'exportation. prohibit the importation into or the exportation from the Federated Malay States, either absolutely or from or to any country, territory, the Federated or place without Malay States in such notification to be specified, animal of any or or thing, and any animal thing to such which aforesaid relates shall be deemed for the prohibitionas of the Customs Enactments, 1907, to be Regulations purposes prohibited goods,
"'^

6. The
or

High
any

Commissioner

render

personal
to order

requireany person to do any may service which the High Commissioner

in aid of
or

work may

Requisitioning

se^vfce!^

think of the

necessary

in connection

with

the defence

Federated

Malay

States.
may
or

7. The

High
the

Commissioner control

require any
other movable to the person in connection in default

person

to

supply

any

Requisitionin
movable

animals, vehicles, shij)s, boats,

to
or

property belonging
Government with
the if such

property.

under be

of such
of
or

property
the

Federated
same,

required Malay States and,

seize

in aid

defence

of

of the of and

the

may

and

take

possession
or

person retain

supplying
any

such

animals, vehicles, ships,boats,

purposes. 8. The
he may

other

movable

property for such

High
think

Commissioner

may and

take

and

retain

for such

period as
land
or

TaWn?

necessary defence

possessionfor
may,

public purposes
if he think

of any

L^ndf

*"'"

"^

building or
purposes removed

other

property

it necessary

for the
any to be

of the
be

of the

Federated removed
or

Malay
and

States,

cause

buildings to
from

pulled do^vn and one place to another

Commissioner
or

any

property

to be

destroyed.
take

9. The

High

grain,

article

of food, coal,
oils

may other

seize

and

possession of
oils within

any

Tai^in^

fuel and and

and may taken

mineral sell any

at such

the

fue!. Fo'oTand

limits of the Federated of food, coals, fuel, and

be
to

Malay
so

States
seized

grain,article pricesas may

the moneys of the

determined
be received

by

the

Board
sales

hereinafter
shall be

mentioned,
into

and

for such

paid by

the

Treasury
in the

Federated 10.

Malay

States. Commissioner
may, price for which

(i) The prescribe the

sold either

High
maximum

notification
article

Regulation (^ase^fe.

of

any

of food
or

may any

be

^""^'^^

thereof
the

throughout in the specified publication of such

been

the

Federated

Malay
in the

States

in

part
after

said notification, and notification

any food at in

any Gazette

person

who,
until

and

it shall

have

revoked,

shall

applies sell
prescribed
Enactment

article of any shall be deemed and

such notification place to which a higher price than the price so offence guilty of an against this thereof be liable to
a

shall

on or

conviction to

fine not

dollars exceeding fifty term a not exceeding

imprisonment
months.

of either

descriptionfor

three

136 (ii)The terms (i) shall be made

No.
of every laiown
the

OF

1917.

renderings thereof in publicplacesin towns

notification shall be of
has made similarly

and

notification published under sub-section by the posting of copies thereof and of Malay, Chinese, and Tamil languages in throughout the area wherein such villages
the

and effect,
shall

revocation
;

of every

such

notification

known

contained
a

affect the sub-section

section provided that nothing in this subvalidityor effect of the publication

notification

under
it is

(i).
a a

Whenever (iii)
section

proved
dealer

that

breach

has

been

committed

by
shall

articles of food, such

and
to

be

person held to be liable for such unless

he prove to the

of the provisionsof this employed by a dealer in breach tion satisfac-

the

penalty provided
before which

therefor
the

proceedings are had that the same his knowledge or consent committed without and that he had was taken all reasonable due to ensure compliance with the steps this section of that provisions nothing in this sub-section ; provided contained shall exempt any emplo3^ed by such dealer from person the for of the provisions t o breach liability penalty provided any of this section proved to have been committed such by person.
Control in of trade
"

of the Court

11.

The

High
necessary

Commissioner
in the

may trade

take of the
in

any

steps which
of the

he

may

liquors.

consider

interests

defence

Federated
or

Malay
arrack.
Remuneration and tion. compensa-

States

for

the controlling

beer, wine, spirits, toddy,

shall,out of the public funds of the High Commissioner Malay States, pay to every person who shall be required to such remunerado any personal service by virtue of this Enactment tion, and whose to every property shall be taken, including person article of food, coal, or other fuel taken by virtue of Section any grain, 9 or temporarily taken or destroyed by possession of or removed virtue of this Enactment, such compensation as shall be agreed on between the High Commissioner and such person and, in default of or compensation as shall be awarded agreement, such renumeration by the Board hereinafter mentioned, whose award shall be final.
12.
The

Federated

Board

for

fixing

13.

(i)For

the
or

remuneration, compensation, and prices.

remuneration the

pricesat

which 9 the

of any determining the amount and this Enactment under compensation payable fuel taken other any grain,article of food, coal, or purpose of be sold
to

under

Section

may

the

inhabitants shall

of the
a

Federated Board
sisting con-

Malay States,
or

High

Commissioner

appoint

shall be a Judicial of five persons, of whom one Magistrate,two shall be officers employed in the the other
so

Commissioner

and
not
case

two

shall be inhabitants All of

of the Federated

public service, Malay States

employed.
a

of

difference

of the

members.

questions referred to the said Board shall,in opinion,be decided by the votes of the majority The Judicial Commissioner or Magistrate shall be
in

the Chairman

of the Board. said Board

(ii)The
taken the under

fixing the
not

price
any

to

be

paid
on

for

articles of

Section

9 shall

make and

addition

account

purchase being compulsory,

recoup to the

they
as

shall fix the of

pricesat

which

sucli articles

shall be sold at such

rates

will, except under

the cost

circumstances,
same

Government

special purchasing the

and

other

expenses

incidental

thereto.

PUBLIC

EMERGENCY.

137

The (iii) of witnesses

same

said and

Board

shall in respect of taking evidence on oath

requiring the
or

attendance be
in the
'

affirmation

positionin
and be

shall

civil jurisdicall respects as a Magistrate exercising tion, before it attend the said Board summoned to by persons all and to state the truth on to attend so legallybound which

subjectson
14.
in that

they

may

be

questioned by by
the

the Board.
in
or

Any

authorized person behalf may enter upon the Federated

High
into

Commissioner

writing
other

Entry
^^"^^

upon ^'

and

any

land, house,
examine

building in
such

Malay
every may
or

States
any
use

and

and

inspect
case

land

or or

building and
obstruction,
and

part thereof
force
to

and, in
such

of

opposition
examination,

effect

entry,

directlyor
15.

inspectionand shall not occasioned by such indirectly

person

be liable for any forcible

damage

entry.
Penalty.

any

refuses or neglectsto obey or comply with who this Enactment does anyunder made or requisition thing order such of any or requisitionis whereby the execution the prevented or hindered, or with intent to prevent or hmder shall be guilty of an order or requisition, execution of any such conviction and shall, on offence against this Enactment, summary

Every

order

or

thereof, be
than for
a one

hable

to

fine not
or

less than to

twenty dollars and

of either

not

more

hundred
not

dollars

imprisonment

description

term

exceeding one

month.
interference ^^^h contracts.

16. under such breach

made If any person shall by obeying any order or requisition be prevented from this Enactment contract, fulfilling any
person

shall
contract

not

be

deemed such

to

have

thereby
be
as

committed
to

of

but

contract

shall far

deemed

be
is

suspended by such order or requisitionso thereby rendered impossible.

17. The

its fulfilment

High

Commissioner

may,

by
or

notification
necessary moneys

in the
or

Gazette,

Power

to

postpone

for such the time

period
at which and

as

he
any

expedient
due

may rent

think other

just

and

postpone and suspend

liabilities.

shall become

the extend so period of particularlymay instruments other payable negotiable maturity exchange or for time such he in the Federated States and as suspend Malay may Civil think of Court the the execution of judgment right may any and the enforcement of the possession of any process for the recovery

and

payable

of bills of

of property in default owing to circumstances

the

of payment

immediate would Sections

or

execution

process 18. Naval said

be

out arising of such judgments or inequitableor inexpedient. 9 shall not

of rent, if he shall consider that, of the existingpublic emergency, enforcement of such

3, 4, 6, 7, and

Military Service Majesty's ships. (i)At

any time

of His

Britannic

apply to any Majesty or

shall, by

person
to any

in the

Limitation
'

of
' '

of His

jfanro.

19.

when

the

Army

Act in

virtue

of any with
or

order

Enactment without

of the

Federal

Council, be

force, whether

perions'to
military law.

Malay States, exceptions or modifications, in the Federated the High Commissioner hand his order under published in by may, the Gazette, direct that all of classes or particular persons who persons shall for the time being be within the limits of the Federated Malay

138
States
"

No.
or

OF

1917.
Federated

of

particularparts
and be

of the

Malay
Act

States
not

to

be

in specified apply shall

the order

to whom

the

Army

does

otherwise

subject to militarylaw
shall remain of the

for the purposes

of the

Army

Act.

(ii)Every such
order under the Gazette. To (iii)
every

order hand

in force

until revoked

by
in

an

High

Commissioner

published

the

person

who

is included

\^dthin

published apply in the

accompanjang

under
same

sub-section
manner

(i)the
as

Army

the scope of an order Act shall be deemed to had

or

if such

person

been
some

person

His

Britannic
on

Majesty's troops
service, and
to

portion
for

thereof

when

employed

active

such

of the said the purposes the officer for the time

Act

be deemed

be under

shall person the command

of

being commanding

the troops in the

Colony.

Provided Section

that, except in the

a

20,

person

who

militarylaw shall,unless be tried by a competent

any

offence

for which

he

of an offence punishable under case by virtue of this section subject to the High Commissioner directs otherwise, Civil Court, and not by court-martial, for be triable if he were would not subject to
is

militarylaw.
Provided further
is by virtue who of this section person if the Commissioner so directs, High may, the Army Act offence punishable under by a Civil
a

that

subject to
be

militarylaw
is to say,

tried for any if the

Court, that
manner

by

offence

is not

and

if the Court

considers
a

imprisonment for cases by the same

with law
which not such

term

of a Magistrate in a summary Court punishable by death or penal servitude that it would be adequately punished by and in all other not exceeding six months and
in the
same manner as

the

Court

if the

offence

is charged were offence an person triable by the Court of a Magistrate.

against the

civil

EcRuiations
^'^

for War

20.

(i) Thc

High
or

Commissioner His Britannic

and
to

may

at any

time any

when

state
or

of

safety.^

cxists

between

Majesty
inhabitants the enemy defence

and

country

State

(such country
in this section the

State

the
"

thereof

referred

as

") make

E.

13 of 1918.

of the public safety and the the 'prosecution of the war, or indirectly forfurthering directly and as to the powers, duties,and obligations for any of the said puremployed in the Federated Malay States in the public poses of persons of the said States or in the service of His Britannic service Majesty such and and of any other persons, in particular by regulations may make coming within the classes provisionwith regard to all matters of subjectshereinafter enumerated, that is to say :

securing
States
or

being hereafter regulationsfor Federated Malay

I.

Censorship,and
writings, maps,
means

the control

suppressionof publications, and ])lans, ])hotographs,onnimnuioations,

and
;

of communication

II. Arrest, (Ictcntion. exclusion, and ITT.

Control of the

"lc[)ortation ;

Federated

of the j)orts,and territorial waters of vessels thc and movements States, Malay ; harbotirs.

PUBLIC

EMERGENCY.

139
water,
and the
control

IV.

Transportation by land, air,

the

or

of

transport of persons

and

things ;
facture manu-

V.

Trading, exportation,importation,production, and

;

VI.

Appropriation, control,
property, and
of the the
or use

forfeiture, and
thereof
;

disposition

of

VII.

Prevention unnecessary

of

alarm
to

spread of reports likely to cause despondency or of false reports

disaffection Rulers
the of the
success

or

reports

likely
or

cause

to

His

Britannic

Majesty
States
or

to

any

of the
with

Federated

Malay
Britannic His

to

interfere

of His

Majesty's
Britannic and
may

to or prejudice by land or sea Majesty's relations with foreign powers ;

Forces

by

such

authorize regulations
in the
case

the

trial

Civil Courts, and of persons

the

infliction
is to say,

Magistrates, and committing offences against such regulations, such of the Courts Civil follo\ving punishments, by
of Courts of

of minor

offences

by by

courts-martial

or

Courts

of

that

(a)

in the

case

descriptionfor a not exceeding one

ment and
case

term

Magistrates,imprisonment not exceeding six months

dollars, or
both such

of either
or a

fine

thousand

imj)risonpenal
case

fine ; and of the

for life where any

(b) in

the

Court
or

of

Judicial

Commissioner,
the
is

servitude offences death

or

punishment, or, in any intention of assisting the enemy less punishment.

less person and the
a

of

proved,

against regulations by court-martial punishment thereof, the person be proceeded against and if he were dealt with as may a person subject to militarylaw and has on active service committed offence under Section 5 of the Army Act. an
purpose
an

(ii)For

the

of the trial of

for

offence

such

Provided
with
an

that

where
of

the

intention

proved that the enemy assisting

it is shall be

the
a

offence

is committed

offence For (iii)

by
the

court-martial purjiose
a

liable
a

person to suffer

convicted death.

of such

of the

trial of and
been

the

regulationsby
shall the be
same

Civil Court
to have

for an offence under person the punishment thereof, the either at the
in any

offence
in which

deemed

committed
or

place
which

actuallywas
be.

committed

place in

the

offender

may

(iv) Any
which
may

provision of
be

inconsistent
under

law of any with any shall

the

Federated

regulation made
be

Malay States by the High

and of
no

Commissioner

this Section of such

during
(v)

the continuance

suspended regulation.
this section
shall

effect

All

regulationsmade

under

be

published in

the Gazette. 21. Chief

ties

High Commissioner Secretary to Government in the Federated Malay

and may
at any

The

may,
or

if he
to the

thinks Naval
or

fit,delegate to the

Delegation
""""""^

of

MilitaryAuthoriunder this

powers.

States time

anj'^ of his

powers

Enactment,

revoke

any

such

delegation.

140

No.

5
OF

1917.

Schedule.

ENACTMENTS

REPEALED.

142
of the within above the
matters

No.
shall

7
be

OF

1917.
to
;

deemed

be

trade

description

meaning
trade

of thi.s Enactment

trade a description which is description" means it is applied, the which to false in a material goods respect as regards alteration of trade includes a and description,whether by every

"False

way makes
a

of

addition,

effacement,
a

or a

otherwise, where
material
or

that

alteration

the descriptionfalse in

trade

descriptionis
trade the
"

trade

mark

respect, and the fact that shall part 'of a trade mark
a

not

prevent such
Goods
or

descriptionbeing
;

false trade

description
facture, manu-

within
"

meaning
means

of this Enactment

anything
;
or

which

is the

subject of trade,
"

merchandise

"

Manufacturer,
or

dealer,
or

trader" of

company
or
"

association

body

proprietor include any whether individuals, incorporated

of
a name.

and

"

not

;
"

Name

includes

any

abbreviation

TRADE,
Trade mark.

PROPERTY,
for

AND

OTHER

MARKS. the trade manufacture mark.

to
or

3. A

mark

used of
a

merchandise
Property
mark. a

denoting that goods are is called a particularperson

for

4. A

mark

used

denoting
a

that

movable

proj)erty belongs

particularperson
5. Whoever marks

is called any

proj^erty mark.

UsiriK
trade

ft

false

mark.

goods or receptacle containing goods, or uses with any mark thereon, in receptacle
to
cause

it to

be

believed such
a

that

the

package, or other package, or other case, any a manner reasonably calculated goods so marked, or any goods
any case,
are or

contained merchandise
are

in any

receptacleso marked,
whose
a

the manufacture merchandise

or

of

person
use

manufacture mark.

they

not, is said to
6. Whoever
or

false trade

Using

false
mark.

property

movable property or goods or any case, any movable receptaclecontaining property or goods, package, other or having any mark receptacle or package, uses case, any it to be believed calculated to in cause manner a reasonably thereon, or or that the property or goods so marked, goods property any to such receptacle so marked in any contained belong to a person false mark. is said to do a use not whom property belong, they marks other 7. Whoever mark be
uses

Punishment

for

any

false

trade

mark

or

usini;
trade

false
or

mark

shall,unless

he proves
to

that

he acted of

without

false any intent to both.

property defraud,
a

property

mark.

punished
may

with

imprisonment
one

either

description for
with

term

which
Counterfeiting
a

extend

year any

or

with

fine,or
mark with
or

8. Whoever

counterfeits which

trade

property mark
years,
or

used

trade

mark mark

or

property used by
another.

by any other person descriptionfor a term

or

shall be

punished
may

imprisonment

of either with

extend

to two

fine,

with

both. counterfeits
any

a
a

Counterfeiting mark used by

public

9. Whoever servant,
or

any

property
a

mark been
or

used

by
or

servant.

property

has

manufactured

used mark by to denote public servant by a particular person the

public
any at
a or

that

particular time

place

that

property

is of

particular

MERCHANDISE

MARKS.

143

quality or
to
same

has be

passed through
or uses as

any

exemption,
to

counterfeit, shall
a

office or that it is entitled particular knowing the genuine any such mark be punished with imprisonment of
may

either

descriptionfor

term

which

extend

to three

years,

and

shall also 10.

be liable to fine.
to

shall be deemed (i) A person who either mark property

counterfeit

trade

mark

or

what

col^terfeuin
a

(a) without
or a

the

assent

of the

proprietor of
trade mark

the
or

trade

mark
mark

or

property

mark.

property mark
mark mark
so

makes

that

property
trade
;

nearly resembling
as

that
to

mark
or

or

property

to

be

calculated mark
or

deceive

(6)
and
any

falsifies any

genuine

trade

property
or

mark

whether
;

by alteration,addition, effacement,
trade mark Enactment mark.
In (ii) any

otherwise
or

referred

so or property mark counterfeit to as a

made trade

falsified is in this mark

or

property
mark

prosecution
the burden defendant. makes
,

for

property mark
shall lie 11. other
on

of

counterfeiting a proving the assent

in

trade of the

or

onus

of proof.

proprietor

the

Whoever
instrument

or

has
purpose ^ ^
, .

his
.

possession
a

any
a
"

die, plate, or
trade
,

for the
.

of counterfeiting
trade
,

mark

or

Making or possession

of

property
or are

mark,

or

has

his

possession

mark

or

property

any instrument for mark counter*'^*'^''

for the purpose of denoting that any goods are the manufacture mark'or mark, property merchandise of a person whose manufacture merchandise or they do to whom not, or that they belong to a person not they
be

belong, shall
for
a

punished
may

with

imprisonment
to

of either
or

description
fine
or

term

which

extend

three

years,

with

with

both. 12.
sale with
or a

Whoever

or imports, sells,

exposes

or

has

in his any mark

any purpose counterfeit

1

of trade trade
same

or

manufacture,
or or

possessionfor goods or things

affixed
to
or

importing

or

soods'mark'ed
"^itha counterfeit trade mark
or

mark
or

property
Ji ./

impressed
proves

upon

the

,1

to

upon
are

receptacle in

which

such

goods

any case, package, or other contained, shall, unless he

P'^P^'^y

""ark.

(a) that, having taken

an

all reasonable

mitting precautions against com-

offence the

against

this

section, he

had
no

at

the

time to

of the

commission

of the

alleged offence
mark,
and

reason

suspect
on

genuineness
made

of the
on

(6) that,
he the
or

demand all the from

by
he

or

behalf
his

of the
with

gave

information whom

in

persons

obtained

power such

prosecutor, respect to
or

goods

things,

(c) that otherwise

be

he had

acted

innocently,
of either

punished
may

with

imprisonment
to
one

description for
with
case,

term

which 13. other

to
cause

extend

year,

or

with

fine, or
upon any

both.
Making
false

Whoever

makes

any

false mark
a

receptacle containinggoods, in
any

manner

package, or reasonably calculated

to believe

*"^ J^cgptacie"

public

servant

or

any

other

person

that

such

containing
goods.

144

No.

OF

1917.

that it does receptaclecontains goods which it does not contain or not contain goods which it does contain or that the goods contained in such receptacleare of a nature or quality different from the real thereof nature he proves that he acted shall, unless or quality intent to without defraud, be punished with imprisonment of which either descriptionfor a term extend to three years, or may
with

fine, or
Whoever

Avith both. makes Section

to
use

Punishment makinii any such mark.

use

for of false

14. without offence

of any

such

false mark he
as

in

any

manner

prohibited by
intent

13

shall, unless

proves

that

he

acted
an

defraud, be punished
section.

if he

had

committed

against that
Whoever

Tampering
property
with
cause

with mark to

intent

injury.

destroys,defaces, or adds to any projjcrty removes, that he may intending or knowing it to be likely thereby cause shall be injury to any person, punished with imprisonment of either which extend to one with fine, descriptionfor a term or may year,
mark
or

15.

with

both. TRADE

DESCRIPTIONS.
of this such Enactment

Provisions the

plemental supto definition

16.

(i) The

provisions
a

resftecting the

application of
the

false trade

to descrij)tion

of false trade

application to
or as are are

goods

of any

description.

arrangement mark or not,

that other the than

combination

goods shall extend to words, or marks figures, or w^hether thereof, including a trade
to lead persons to believe
some or

reasonably calculated
the manufacture whose manufacture

goods
the

merchandise
or

of

person

person

merchandise

they

reallyare. provisions of this Enactment respecting the application descriptionto goods or respectinggoods to which a false trade descriptionis applied shall extend to the applicationto initials of a person, and to goods with or goods of any false name the false name initials of a person in if lil-^e or manner as applied initials were and such name trade description, for the purpose or a the expression false name of this Enactment initials means or as initials of to which name or a applied goods, any any person
of
a

The (ii)

false trade

(a)

are

not

trade

mark
or

or

part of

trade

mark

(b) are

identical initials of
a

with
person
same

colourable

imitation

of the

name

or

goods
the
use

of the

carrying on business descriptionand not

or

in connection

with

having
of

authorized

of such those

name

initials ; and
or some

(c)

are

either bond

of

fide carrying goods.

person

fictitious person in business on

connection

not person with such

Application
of trade

17. (i) A

shall be deemed

to

apply

trade

descriptionof

descriptions.

goods

who
to
to

(a) applies it

the
any the

goods

themselves

(6) applies it
with

which

covering, label, reel, or other thing in or goods are sold or exposed or had in possession
of sale, trade,
or

for any

purpose

manufacture

MERCHANDISE

MARKS.

145
which
are

(c) places, encloses, or

annexes

any

goods
any

sold

or

exposed
or

or

had

in
m,

possession for
with
a or

purpose

of sale,trade,

manufacture

to

other
or

thing to
trade

which

trade

covering,label,reel, or any has been applied ; description

manner

(d) uses

to the

belief that

used The (ii) the

are

descriptionin any the goods in designated or described

" "

calculated with trade

to

lead
it is

connection

which

by

that

description.
and

expression
"

bottle, vessel, box,

cover,
"

includes any covering capsule,case, frame, or

any

stopper, cask,
wrapper
;

expression
trade

label

includes

band

or

ticket.

A (iii)

it is woven,

affixed to the 18.

or causes

to be applied whether descriptionshall be deemed :l or into worked annexe or impressed, or otherwise goods or to any covering,label,reel,or other thing.

Any

person any

who

false

appliesany false trade descriptionto goods to be applied to goods shall,subject description

Application

of

description is
"n

to

the

acted

that he and unless he proves provisions of this Enactment without intent to defraud, be punished with imprisonment for description fine which
or a

offence.

of either
or

term

which
to two

may

extend

to three

months
in
case

with
a

may

extend

hundred with

dollars,and
with
fine
or

subsequent vv^hich may extend description

19. Any
person

of

second

conviction
to
one

imprisonment
or

of either both.
in

year,

with has

who
or

or imports, sells,

exposes
or

for, or

his
any

importation,
"

possession for, sale

any
a

purpose

of trade

manufacture

goods

to'

goods
unless

or

things to
proves ^

which

false trade

descriptionis applied,shall

de^j'^'ipti
applied is
offence.
an

he

(a) that

mitting precaution against comhe had at the against this Enactment, time of the commission of the alleged offence no reason to suspect the genuineness of the trade description ; and an

having

taken

all reasonable

offence

(b) that
he

on

demand all the from

made whom

by

or

on

behalf

of the with

gave

information

the j)ersons
or

his power such he obtained

in

prosecutor respect to
or

goods

things ;

(c) that
be

otherwise with

he

had

acted

innocently, descriptionfor
fine which
a a

punished
may two

imprisonment
to

of either
or case

term

which
to

extend
with
one

three

months
in

with of

may

extend

hundred

dollars, and

conviction

imprisonment
or

of
or

either
with

subsequent description which may

or

second

extend 20.

to

year,
a

with
case common

fine has

both.
any

Where
or

watch
are

thereon

words

or as

marks

which

Application

of

constitute,
a

by

repute considered
was

constituting, watches.

of description bears
or no

watch

the country in which the watch of the country where description shall prima within the Enactment been for
or

it to

made, and the made, those was

be
a

words of that

marks

facie be

deemed of this
to

description
and
a

country
this

meaning
mth

Enactment,

the false

provisions of

respect

goods

to which

trade descriptionhas or selling, exposing

III"

applied,and with respect to importing, having in possession for sale or any

10

146
purpose
shall

No.
of trade
"

OF

1917.
with
a

or

manufacture
"

goods
for the all that

false trade of this

a

description,
section

apply expression
watch

accordingly, and
watch
means

purposes

the
is not

portion

of

watch

which

the

case.

UNINTENTIONAL
RELATING
Unintentional
contravention of the marks. law
to

CONTRAVENTION TO person MARKS is accused mark

or

OF

THE

LAW

AND under
reason

DESCRIPTIONS. Section of his the

or

21. trade mark

Where mark

a or

property
Section
6

relating

to any in Section 5

goods, property,
or as

by receptaclein
case

using a false having applied a

of mentioned Section
18

manner

the be
11

may

be,

under

appljdng to, or causing to under Section or description,

instrument for the and the
purpose proves

of

of

of

applied to, goods any making any die, plate,or other counterfeiting a trade mark, or
of his business trade he is

false trade

property mark, (a) that

on

employed or property apply be, to marks, or trade descriptions, may or, as the case instruments for other make dies, plates, or making or in used trade marks or making being property marks, and in is the case which the subject of the charge he was that in the Federated resident so employed by some person in the goods or other not interested Malay States and was of profit or commission dependent on the thing by way
in

ordinary

course

behalf

of other

persons

to

marks

sale thereof

(6)

that

he took

reasonable
;

precautions against committing

of the commission of the

the

offence

charged
had
no

(c) that
or

he

at
reason

the

time
to

alleged
mark

offence

suspect the

genuineness

of the

description;
he
gave to

and the

{d) that

prosecutor all the

to

information whose

in

his the

power mark he shall be the

with
or

respect
from

the

persons

on

behalf

description was
the the

applied, prosecution, but

shall be liable to due

discharged
incurred that he

pay notice

costs

to him

by prosecutor unless he has will rely on defence. the above

OF GOODS. under
12

given

FORFEITURE
Forfeiture of

22.
false

(i)When
trade
or

goods.

mark,

is convicted person under Section or

of
or a

7 of using a Section or importing, selling,

exposing

having
any

manufacture,

in possession for sale goods or things with

purpose counterfeit
any

of trade trade

or

mark

applied thereto, or under Section 13 or Section 14 of making, or making use of, a false mark, or under Section 18 or Section 19 of applying a false trade descriptionto goods or of importing, selling, of trade or exposing or having in possessionfor sale or any purpose tion manufacture, any goods or things to which a false trade descripor matters is applied, or is acquitted on or proof of the matter 12 19 Section Section 21, the Court or or specified in Section direct the forfeiture of all goods convicting or acquitting him may

MERCHANDISE

MARKS.

147
the offence has have

and been been

things by
committed committed.

means

of,
but

or

in

relation

to, which
as

or,

for such

proof
on a

aforesaid, would
and

lies

forfeiture is When a (ii) the conviction, against

directed
an

conviction

an

appeal

appeal

shall lie

against the

forfeiture

also. When (iii) things to

an a

forfeiture the

is directed

on

an

or

which

direction

relates

are

dollars,
seven

appeal against the

from the date

forfeiture

acquittaland the goods of value exceeding fifty be preferred,within may

of
a

days

of the direction,to the Court

Judicial

Commissioner.

PROCEDURE. 23. mark

In
or

any

charge, proceeding, or
mark
or

document trade be
mark

in

which

any

trade

Description

of

property
to

counterfeit
it shall copy
or

is intended

be

mentioned,
any
or

or property mark further without sufficient,

p^ieadilT^fe

descriptionand
mark
to
or a

without

facsimile, to state
trade
or

that

trade

property mark
trade mark
or

counterfeit

mark

or

property mark
trade mark
or

be

property mark

counterfeit

property mark.
24.
ment

In

the
be

case

of

imported goods
facie evidence
or

evidence

of the

port of shipthis made

Rules

as

to

shall

prima

Enactment
or

of the

place

country

any in which

in

prosecution under the goods were

evidence.

produced.
25. On
any
"'

the Court may prosecution under this Enactment "'jjft^" *^"^^^ n*"" p''''^""" order costs to be paid to the accused by the prosecutor or to the given prosecutor by the accused, having regard to the information and accused of the respectively conduct the and ; prosecutor by be awarded against the provided that no costs shall in any case Public Prosecutor.

26. No
be of the the

prosecution
after

for

an

offence

against
of three of
one

this Enactment
years

shall the date of

Limitation

of

commenced commission

the

expiration
offence
or

from the

P^secution.

of the thereof

year

from

date

first

shall first

discovery happen.

by

the

prosecutor, whichever
of

expiration
offence
summons

27. (i)Where

against requiring the

is made
to

upon this Enactment

person
to

information
a

or

complaint
issued information
or a

an a

search

warrant.

Magistrate such against whom

answer

has

either
or

complaint

appear

to the the
or

same

warrant

for the arrest

of such the
summons

person
or on or

and

either

said

warrant

any

other

Magistrate on or after issuing by Magistrate is satisfied,

cause

information
any

oath, that
means

there of

is reasonable
or

to

suspect that
such offence

goods

things by
in

in relation

to which

has been
or

committed

otherwise

such which in

Magistrate
it shall be warrant time

or are premises of the said person his control in any under his possession or place, under his hand issue a warrant by virtue of

in any

house

may

lawful
to

the

for any such enter

police officer named house, premises, or

search there for and

or

referred
at

to

place
seize

any

reasonable
away

those

by day and to goods or things.

and

take

148

No.

OF

1917.
such for
not warrant purpose

Any goods or things seized under any (ii) brought before the Court of a Magistrate whether the same or are are being determined
under this Enactment. the
owner

shall be of its

the

liable to forfeiture

If (iii)

of any

goods
may

or

things, which
is unknown
or

would
cannot

be

liable

to forfeiture
an

under
or

this Enactment,

be found,

information

complaint

be

laid for the

purpose

only
cause

of

enforcing such
notice to

and the Court of a Magistrate may forfeiture, be advertised, stating that, unless cause is shewn the
time

to

the
or

contrary
the
owner

at

and

place named
at such
on

in the

notice, such

goods

things will
in the

be forfeited, and
or

time

and
or

place the Court,

other
person may

unless

any

person

his behalf
to the

interested order such

goods or things shews cause goods or things or any of them to (iv)Any

other

contrary,

be forfeited.

goods or things forfeited under this section, or under be destroyed or otherwise provision of this Enactment, any may the Court the same disposed of in such manner as by which forfeited may of any out are direct, and the Court may proceeds which be realized by the dispositionof such goods, all trade may marks and and trade descriptions being first property marks
obliterated, award
to

innocently sustained
Punishment abetment Federated in States done out of

innocent any in dealing with

party
such the

any

loss he

may

have

goods.
Federated

28. abets
act

Any
the

person commission

who,

being
in

within

without

the the

Federated Federated
may

Malay
of act

which,
any

if committed be
an

Malay States, Malay States of any Malay States, would

abetment
may which be which

of Federated

under
in

this Enactment

offence

be tried for such States the

in

Malay

States.

place
and

in

the

Federated therefor

Malay
with

he
to

found would which

be

punished

punishment
in

he
act

be he

liable if he abetted.

had

himself

committed

that

place

the

MISCELLANEOUS.
Implied
warranty goods.
on

29. which the

On
a

the trade

sale mark

or or

in the mark

contract
or

for the

trade
warrant

sale of marked

sale of any descriptionhas been

that

goods

to

vendor mark

shall be
and not not

deemed

to
or

the

mark

is

applied genuine
trade

trade

description is
this

Enactment,
or on

falselyapplied or false trade description within a unless the contrary is expressed forged
behalf of the vendor and delivered the

that the
in

the

meaning of some writing

the
time

signed by
the
Provisions to

at

of

sale

or

contract
on

to, and
the

accepted by

vendee.
a

not

30.

(i)Where,
or

commencement

of this Enactment, of
a

trade

apply

in

certain

descriptionis
class

cashes.

manufactured

lawfully and generallyapplied to goods to by a particular method

peculiar
the

indicate

of such of manufacture particular class or method goods, the with respect to false trade description provisionsof this Enactment shall not apply to such trade descriptionwhen so applied.

(ii)Where
or

such
and

trade

description includes
to

the
the

country
the

is calculated
to

misl("ad is

as

to

where

goods
and

which
are

it not

produced,

the

goods

applied were actually made

of a place or jilace country or actually made or produced in that

name

150

No.

7
OF

1917.

Schedule.

ENACTMENTS

REPEALED.

ENACTMENT

NO.

13

OF

1917.

All

Enactment

to

enable

measures

to

be

taken

for

the

prevention
Arthur

of Malaria.

Young,
President

[8th August,
the Federal Council.

1917.]

of

It in

is

hereby
as

enacted follows

by
:
"

the

Rulers

of

the

Federated

Malay

States

Council

1. This

Enactment

may

be

cited
come

"

as

The force the

Prevention
on

of date

Malaria
as

short

title

and

Enactment,
Chief behalf. 2. In this

1917,"
may

and

shall

into
m

such

the that

^^^^^""'

Secretary

by

notification

Gazette

appoint

in

Enactment,
shall have

unless the

the

context

otherwise

following

terms
:

meanings

hereby

requires, the assigned to them

interpretation

respectively
"

Board
a

of

Health

"

area

means

an

area

subject

to

the for

control

of

Board

of Health
;

in

respect

of the

matters

provided

by

this

Enactment
"

Chief

Secretary Malay
"

"

means

the

Chief

Secretary

to

Government,

Federated
"

States

house
any

includes

dwelling-house,
in

warehouse,
are

office, shop, school,

and
"

other
"

building
a

which in

persons
its

employed
after

larva
egg
;

means

mosquito

first

stage

issuing

from

the
"

"

owner

means

the house
own

person
in

for

the

time

being receiving
which
or

the
is

rent

of

the

land
on or a

or

connection
or as

with

the

word for
or

used,
other
were

whether
person,

his who

account
so

agent
same

trustee

any

would
;
"

receive

the

if such

land

house

let
"

to

tenant

occupier
respect
or

means

the the

person

in

in

of which control
person
;
"

word

is used
on

occupation or having
his
own

of the the

land

or

house

charge,
or as

ment, manage-

thereof

either

account

agent

of

another
"

the Board
exercise

Board of

means,

in

respect
such State

of

any

Board

of

Health of

area,

the
to

Health

appointed
within of

under
area.

the

provisions

Section

control Resident Chief

3.

(i) The

may

from

time in

to

time,
Gazette
area

with

the

Appointment

approval
any
area

of the
within

Secretary, by
State
to

notification
a

the

declare for the

Health^

such

be

Board

of

Health

purposes

of

this

Enactment.
161

152
The (ii)
in the servants \\ithin

No.
Resident of
a

13
may he

OF

1917.
time

State

from

Gazette and the

area

appoint
other

Boards
as

of Health,
may

by consistingof
to

to time

notification
such

public
control
in and

persons is

nominate,

exercise

mentioned
power

in such

respect of M'hich

given
a

to

appointment over them by this

of Health shall
cease

all matters Enactment Chairman

appoint any thereof. Every the expiration of

may

member such the

of

Board

to be the

appointment
year in
a

and the
same

determine
is made.

at

respect of
may

which

The (iii) the Chief

as

Resident

of

State

also, with
purposes

the

approval
such

of

Secretary,aj)pointSecretaries, Inspectors,and
may

other
;

officers the notified

be

necessary

for the such

of this Enactment and

appointment

of every in the Gazette. declaration

to time
or

Secretary

Inspector
under this

shall

be

(iv) Any
may
Power and of entry

appointment

made

section

from

time

in lilcemanner

be added

to, varied, or revoked.

inspection.

by it,either generally (i)The Board or any person authorized in in behalf that shall have A\ithin the or specially, writing power, in the hours area subject to its control, to enter at all reasonable without and with assistants land or servants, upon daytime, any and there so long as may and into any house be reasonto remain ably of inspecting and examining, and for the purposes necessary inspect and examine, such land or house in order to ascertain may in the same whether such land or house is in or or anything upon favourable the of condition existence of to a propagation mosquitoes ; provided that there shall be no rightof entry into any house under \vithout this section twenty-four hours' previous notice to the thereof. occupier (ifany)
4.
notice

The and owner (ii) being given, the Board and

any

occupier
owner

of

any

land

and, subject
shall have

to

due

the

person

occupier of any house authorized aforesaid to as

and

permit
access

thereto the

in this section and shall for the purposes specified Board such person all such information be or as may
or

supply to requested
under house
to
or

by
General to order power

it

him
on

and
or as

may
a

be

reasonably necessary
to

for the said purposes. examination land

or

5. If Section

result
appear in the

action.

it shall upon
or or

of any the

inspection or
Board
is in
a

that

any

anything
existence

same

condition

favourable

the

propagation
to

of

writing
direct
measures

addressed
to
as

the

owner a

by order in mosquitoes, the Board may or occupier of such land or house

time to

him

take, within
in the
or

be

stated

in

the

order, such

may

removing,
land
a or

house

with
not

condition

for treating, specified ing, destroyin such otherwise or dealing with anything upon into to the bringing of such land or house a view favourable the existence to or propagation of

said order

be

mosquitoes.
Power to order

6. The the
owner

Board
or

may

at

any any

time

by

order

in

draining and ot levellini;'

land
and to

occupier of

land,
time

situate

within which

its control, and

ing prohibit standwater.

stating the
in

within

to writing addressed the area subject to the action required

by

the order

is to be taken

direct him such drains

as

(a)

to

make the and

the

land

shall, in the

opinion

of

for effectually Board, be necessary draining such in the order ; shall be described

land

PEEVENTION

OF

MALARIA.

153
of the
land

(b) to

fill up

in inequalities

the

surface

and

so

to

adjust the (1) all (2) the

(c) to
remove

surface

or

raise the level thereof shall flow without

that obstruction into

surface the

water

drains

and land shall be free from

swamp
;

surface from

of the the

such standing water, Avhether in ponds, naturally or artificially formed, or in vessels be specifiedin the order or receptacles,as may and thereafter to keep the land free from standing water to the extent required by the order.

land

pools

or

7. (i) The
to the

Board

may

at any

time

by

order

in

the area occupier of any house, situate mthin \Aithin a time to be stated control, direct him to screen,

addressed AVTiting Power to order subject to its tan*ks"ami"^

in the A\ire

order,

vessels houses.

in

keep continuously impassable by mosquitoes or Avith other material and in other vessels and receptacles for water
to and

and

screened effectively

with

netting
the

such
or

cisterns, tanks,
order.
an

appertaining to
order
as

said house

as

shall be described
case

or

referred
no

to in the

(ii)In
sub-section the

the

of

house

having
to the

occupier
owner

under
were

(i) may occupier.

owner

be addressed

thereof

if he

order been be

8. (i) If any the under served

stated to any in

or

occupier comply
for shall the

of land

or

house

on

whom

an

Enforcement
"'"'^"''-

of

provisions of Section
order
or

5, Section

6,

or

Section time
acts
as

7 has may

shall fail to the be done

therewith

Avithin such of the

performance

thereby

required
Board
in that to which
same or

otherwise

contravene

the

order, the
or

behalf the

person in Avriting may

authorized

by it, either generally or specially,

enter may upon
cause or

into enter

the land
upon may
or

house the

order

refers and
with such

to

into be

such and

persons may

apparatus

and do
to

things as
or

sary neces-

and

proceed to perform and things required by the said order

thereof Board.
in this section

thereon be

therein
or or

all acts
and

performed
owner

done,

the cost

shall be recoverable

from

the said

occupier

by
any

the

(ii)Nothing
person to

contained

prosecution

and

shall affect any liability of punishment under Section 9.

penalty
"iifui for

9. If any owner or order occupier of land or a house on whom an the provisions of Section 5, Section 6, or Section 7 has been shall wilfullyneglect to comply therewith served within the time therein stated or shall otherwise such order, he shall be contravene under

default.

guilty of
under whereof Board have 10.
""".

an

offence

and

liable

on

conviction

to

fine not

exceeding

five hundred

dollars ; this section for he under shall have Section confirmed Board
or

provided that no person neglect to comply with made an application to

11 unless such

shall be punishable order in respect any the Chairman due of the

order

shall after

enquiry

been The

by
any
", 1

the

Resident.
power of Board

specially,in that
subject to
its

behalf

authorized by it,either generallyor person in writing may at all times, within the area
such
1

to tai^e prevenmeasures.

control, take

measures

as

are

reasonably necessary
;

(a)

to

destroy mosquito

larvae wherever

found

154
(h) to bring
existence any
or

No.
water

13
into

OF

1917.
condition

unfavourable

to

the

propagation
or or arc

of mo.squitoes ;
treat

(c) to fill \nth

trees

concrete

otherwise

holes

or

hollows

in

which
owner

hold,
or

to hold, water. likely

Application
Resident

to

11.

(i) If

any

occupier of
land
or or

land

or

of

house

is of

opinion
under
on

against order
action Board. of the

or

that any order the provisionsof this Enactment

or

such affecting house

by the anything proposed

house

made

Board

to be done

or by the Board is unreasonable unnecessary, he may make an applicationin the matter, personallyor in writing, of the Board who the executo the Chairman tion thereupon shall cause of the order or the doing of the thing, as the case be, to be may suspended and shall submit such applicationto the Resident of the

in such

land

or

in which such land or house is situate, and the Resident, after in his discretion deem enquiry as he may necessary, may confirm, vary, or rescind the order or direct that the thing be proceeded with, varied, or abandoned, as the case be, or make may any is competent the Board under this Enactment. to make order which

State such

(ii)In
submitted direction

any
to

case

where

the

Board,
under the
cost
or

after

an

the

Resident

sub-section

of the Resident, with the the application, borne by the owner and shall in such

doing

of

application has been (i), proceeds, by the thing which the was
shall,if the Resident
whom the from
so

subject of
directs,be
was

thereof

occupier by
be

made

case

recoverable

application him by the

Board.
No compeneation.

incurred

shall be entitled to compensation for damage occasioned by any order given or of the provisions of this Enactment or pursuance any unless such damage shall have been occasioned 12. No
person
or

any expense in act done

rule

under, there-

maliciously

and
Persons unable necessary
to

without

reasonable
to

cause.

13.
meet

If it appear
the
means

the

Board

after due

enquiry

that

any

person

has

not

expenditure.

required
expenses

the necessary of doing anything expenses to be done by him under this Enactment, such necessary be met from public funds. may
to meet

14.
Imposition
rate. of
a

(i) For
may

the purpose
in

of

meeting

or

recouping

any

expenditure

that

be incurred within the such

in any next
a area

Health State

in which

area

of respect of the operations of any Board its of to the Resident the control, subject is situate, with the approval of the Chief
in
to

Secretary,may
respect
December
area as

of

the

by notification in the Gazette,impose from following year, calculated January

year,
rate

inclusive,
aforesaid
to

and

within

all lands and upon such additional to

houses
area or

within

such

appear is

the

Chief
said be

Secretary
in specified

be

benefited
area

(ifany) as may to be likelyto be

which such it.
rate

benefited

by the imposed shall

(ii)Such
rate of the

oj)crations. The

within

the notification three which

imposing

shall not
and

exceed uj)on

value

lands of such
year.

houses

of the annual per centum it is imposed and shall be

payable by half-yearlyinstalments
the
owners

in advance in the

without of

demand

by
and

lands

or

houses

months

January

July

in each

PREVENTION

OF

MALARIA.

155
such
rate

The (iii)
may

Resident from house

of

State

in

which

any

is

imposed
;

exempt
any any any

payment
used

thereof
a

as exclusively or

place for religious worship

;
or

public burial
house used charitable

burning ground
a

exclusivelyfor
purjDose
;

public school
rented
;

for

any

any

land the

or

house
or

belonging
the whereof
same

to

or

by

the

Ruler

of

State
or

Government

any

land

house if the

the annual be the sole

value

is less than

ten

dollars the
owner.

rateable

property
the

of

(iv) The
shall

said
"

annual in

value the
manner

shall be Boards
and in

calculated

and

said rate
18 to

be

assessed
The

prescribed by
Enactment,
26

Sections

25,
the

inclusive, of

Sanitary
shall

provisionsof
the
rate
were a

the

said sections

of Sections

to

1916," 45, inclusive,of

rate
as

and

said Enactment
rate

apply
under

respect of the

said

if such

imposed

Section

12 of the said Enactment.

area subject to the control of a Sanitary Board in (v) Within any The provided for by Sanitary Boards respect of the matters of the State in Enactment, 1916," the said rate may, if the Resident which is situate such area by notification in the Gazette so directs,be
"

assessed
were a

and rate

collected

by
under

such

Sanitary
12
areas

Board

as

if the

said

rate
;

imposed

Section
in

of the

said

Enactment control
area,

in
a

absence

of such

direction

and

not

subject to the

of

Sanitary Board
assessed Enactment and
"

the said rate

shall,in respect of each several

of Health

be this the

collected
to exercise

by

the Board control

"

appointed
in

under
case

therein, and
Chairman,"
said

such
"

expressions
Board referred and
"

the
in

Board,"
the

the

and

the

Sanitary

area

sections

of the

Enactment

hereinbefore

of the application of the said sections to shall for the purpose the said Board of Health, the Chairman to the said rate mean thereof the
area

subject to

the control

thereof, respectively.
under this Enactment shall

(vi)The
be credited 15.

proceeds of any rate imposed to the public revenue.

or

be performed, inspection under Section 4 may the Board under this Enactauthority given by any and authorized be ment ment signed, proceedings by this Enactmay any Board of the be member to be taken instituted,by one by may in the Board number of the and shall members or by any greater such case be deemed to be performed, signed,or instituted, as the In other the number of matters be, by the Board. case may in any action members of the Board of the required to participate Board 16. shall be such as may be prescribed by rule under Section

Any entry
made

how *'^'"-

the

Board

order

or

Secretary may from time to time make rules for in of malaria preventing,reducing, or dealing Avdth the occurrence rules States. the Federated Such Malay prescribethe powers may and the duties to be performed by Boards of Health to be exercised and in addition to appointed under this Enactment any powers and imposed on such duties conferred Boards by this Enactment and of such exercise and prescribe the manner performance may
16.

(i) The

Chief

Rules.

156
and
may Enactment.

No.

13

or

1917.
to the

provide generallyfor giving effect

rules made under this section have

provisionsof published
rule offence
in

this

All (ii) Gazette and

shall

be

the

shall

thereupon

the force of law. made

and

Any (iii)
and liable
Service orders. of on

contravening the provisions of any person under this section shall be guilty of an published
conviction
any
owner owner

to

fine is

not

exceeding

five

hundred

dollars.

17. served

(i) When
on

order
or

the

addressed
"

to the is to

to be required by this Enactment of land such order or house, occupier any be served in ing followor manner occupier may

that

say,

or (a) if the owner State wherein

occupier of
such
to him
a

such
or

land

or

house

be within order within

the
may

land
or

house

is situate, the
some

be delivered State

left with

adult

member
him

of his such

family (otherthan
;

servant) residingwith
served
or

(6) if

the the

order

cannot if the

be
owner

in

the

manner

described resident

in

clause

(a) or

occupier be not
or

within

State

wherein

the

land

house

to him sent by registeredpost addressed in any part of the Federated Malay States

is situate, it may be his residence at

or

in the

Colony
owner or

(c) if the

order

cannot

be

served

in

the be

manner no

described known
may
or

in

clause

(a) or

clause

(6) or
or

if there

occupier
on some

of such

land

house, the order

the said land

be

put

up

conspicuous place on
land

house.

or

It shall not (ii) occupier if the to.

in any the owner such order to name be necessary the order relates is therein house to which or

referred

(iii) Every such

if the the

order

shall be in the

English language

and

also,
to in it

be an Asiatic not known it is intended for whom person the English language, in such other language as may understand

opinion of the to such intelligible

to

be

bad

or

signing the order Asiatic ; provided that no insufficient by reason merely of

person

be the

likelyto

render wherein

order

shall be deemed

language

the

same

is rendered.

18. the the

Members

of

the

Board

doing
and

any

provisionsof
scope

this Enactment

persons

the act or thing under acting under and within the be Board deemed
in pursuance to

of authority given to them by shall provisions of this Enactment within the meaning of the Penal servants 19.

of

be

public

Code.
breach
no

Every

person

who
for

shall commit the

breach

any

of the

provisions
on viction con-

of this

Enactment

whereof

penalty
and

is otherwise

expressly provided
to
a

shall be

fine not

guilty of an exceeding two hundred

be instituted

offence

liable

dollars.
in any

20.
])crson written

No

proceedings shall
any

Court

against any
with the

under

provision of this Enactment

the Board.

except
for
or

authority of (i)No
or

21.

action

shall be

brought against any

to

person

done,

bond

fideintended

be done, in the

exercise

an3'tlung supposed

ENACTMENT

NO.

17 the

OF

1917.
of Coconut

All

Enactment Palms.

to

provide

for

preservation

Arthur

Young,
President of the Federal Council.

[8th August, lOth August,

of the Federated

1917.

1917.]
States

It
in

is

hereby
as

enacted follows Enactment

by
:
"

the

Rulers

Malay

Council 1.

Short

title,

(i) This

may

be

cited and

"

as come

The

Coconut
into

Palms
on

oommencement,
and

Preservation

repeal.

Enactment,
thereof the the
to in

1917,"
the Gazette. force
be

shall

force

the

publication (ii)Upon specified in

No coconut
to

coming
schedule
the

into

of this

Enactment

the

Enactment

shall

repealed.
Section shall
15

2. Pests

Subject
coconut be

provisions
1913,"
no

of

of

"

The

Agricultural
any

palm destroyed
without sanction'

be

Enactment,

person

intentionally destroy

living

palm, acting

unless
in pursuance

(a) he

of

lawful of

order
any

given

by

pubhc
the
time

officer

under

the

provisions
or

Enactment

for

being|in force,
first from have
the

(6)

heTshall behalf

obtained Collector "The

coconut
or

sanction Assistant

in

writing
Collector

in

that

having
in the
an

authority place where

authorized such
Penalty.

under such

Land

Enactment,
is situate
or

1911,"
from Collector

palm
or

officer
to

by

the

Resident

by

such

give

sanction. who be shall of

act
an

3.

Every
not

of Section
a

person 2 shall

in

contravention and
in

of the
on

provisions
to coconut

guilty
have

offence

liable

conviction
every

fine

exceeding
he
shall

twenty

dollars

respect

of

palm
Presumption against occupier.

which

unlawfully palm
of

destroyed.
have
been

4.

Where

contravention until

any of

coconut the

shall Section

destroyed
be
was

in

the

contrary
the

by

the

person at

provisions proved that such having actual charge of

be of its destruction.

2, it shall

presumed
destroyed
same was

coconut the

palm
where

land

the

situate

time

Access

to

lands.

5.
Land

All

District

Officers

and
or

all

officers
"

appointed
Agricultural
which

under Pests
their

"

The

Enactment, 1913,"

1911,"
shall

under the
access

The

ment, Enactpowers and into purpose

within
have any

areas

over

respectively
upon any

extend

at

all

reasonable
is situate

hours

land

whereon such
coconut

coconut

palm

for

the

of

inspecting

palm.
158

159
PRESERVATION
OF COCONUT PALMS.

Schedule.

ENACTMENT

REPEALED.

ENACTMENT
Amended

NO.
by
Fed. E.

20
3 of

OF
1918.

1917.

An

Enactment
to

to

consolidate

and

amend

the

law

relating

Companies.
Young,

Arthur

[6th December,
Council.
1st

1917.

President

of the Federal

April, 1918.] Malay

States

It
in

is

hereby
as

enacted follows

by
:
"

the

Rulers

of

the

Federated

Council

PRELIMINARY.
Short
commence-

title

and

1.

This and

Enactment shall
come

may into

be

cited
on

"

as

The
1st

Companies day
A
:

Enactment,
1918.

ment.
Repeal
savings.
and

1917,"
2.
to

force

the

of

April, hereby

(i) The
extent

Enactments

specified
in the said shall any

in Schedule

are

repealed

the

specified
that the

schedule
not

Provided

repeal
of

affect

(a)

the

incorporation

company
;
nor

registered

under

any

Enactment

hereby
in the

repealed
schedule
any

{b)

Table

first

annexed

to

the
as

Companies originally
pursuance the
same

Enactments,
contained of Section
to in 95 any

1897,
that of

or

part
or

thereof,
as

either

schedule those

altered
so

in
as

Enactments,

far

applies
of this

company

existing

at

the

commencement

Enactment. of this

(ii) The
other

mention of
of

particular
Enactment,
3

matters

in not

this

section,

or

in

any

section

shall General the effect

prejudice repeals.

the

general
1897

application (Selangor
Interpretation.

Section
with

of

the to

Clauses of

Enactments,

1896),
this
or

regard

3. the
"

In

Enactment
context
:
"

unless

there

is

something

repugnant

in

subject Existing
the
"

Company Companies

means

company

formed of any

and of the

registered
Federated

under

Enactment,

1897,"

Malay
"

States.
"

Company
or
"

means an

company
company.

formed

and

registered

under

this

Enactment
"

existing
the
or as

Articles

means

articles altered

of

association

of

company,

as so as

originally
far the
as case

framed

they
may

apply
be,

to in

the Table

by special resolution, the regulations company,

A
in the
or

including,
contained,
annexed
as

first in

schedule table

to

the in

Companies

Enactments,

1897,

that

altered

100

COMPANIES. in

161
Enactments,
or

pursuance

of B.

Section

95

of those

Table

in

Schedule
"

Memorandum
as

"

means

the

memorandum
or as

of association
in pursuance

of

company,

framed originally this

"

altered

of the

of provisions
"

Enactment.
includes
summons,

Document
and
"

notice, order, and

other

legal
and shares

process,
"

registers.
means

Share

share

in the
a

share

capitalof
between

the

includes
is

stock

except
"

where

distinction

company, and stock

expressed or imj)lied.
"

Debenture Books and

includes
"

debenture
"

stock.
"

"

deeds,
"

books and papers writings,and documents.

or

papers

include

accounts,

The

Registrar
this Court
"

"

means

under
"

Enactment
used
a
"

the

Registraror other officer performing of companies. duty of registration

the
to
a

The

in relation Judicial

company

means

the

Supreme

Court, and
"

includes Rules

Commissioner. made
under this

General
includes

means

generalrules
as

Enactment,

and
"

forms.

Prescribed
the
as

relating to
rules, and
"

respects the provisions of this Enactment winding-up of companies, prescribed by general provisions of this Enactment, respects the other
"

means,

prescribedby
Director
"

the

Chief

Secretary.
any person

includes
name
"

occupying

the

position of

director
"

by

whatever

called.
the

Chief

Federated
"

Secretary means Malay States.

of Parliament
"

Chief

Secretary to Government,
of the

Act

means

an

Act

Imperial
mean,

Parliament

of the
"

United

Kingdom.
"

Royal
and

Charter
Letters

and

''

Letters of His

Patent Britannic

"

Charter

Patent
any

a respectively, Majesty.

"Prospectus"
or

means

ment, advertiseprospectus, notice, circular, of

other any

to tlio public for subscription or invitation, offering

purchase

shares

or

debentures
PART

company.

I. INCORPORATION. Partnerships.
rroWbition of

CONSTITUTION Prohibition
of

AND Large

of more 4. (i) No company, association, or partnershipconsisting the of carrying on for the purpose than ten persons shall be formed under this a company as business of banking, unless it is registered other of in formed Enactment, is some or Enactment, pursuance
or

exoeeding'"
certain
^^^ ^

by Royal

Charter

or

Letters

Patent.

of more No association,or partnership consisting (ii) company, miners of than association other than an worldng twenty persons, of for the purpose hun the Chinese on system, shall be formed the for has its object acquisition carryingon any other business that
" "

111-11

162
of

No.
gain by
the company,

20

OF

1917.

association, or partnership, or by the it is registeredas members thereof, unless individual a company other of some in pursuance is formed under this Enactment, or Enactment,
or

by Royal

Charter

or

Letters

Patent.

Memorandum
Mode of forming

of

Association.

5.
formed

Any

seven

or

more

persons
company their
more

(or, where
within

the
the

company

to of

be this

incorporateci company.

will

be any

private
two
or

meaning
for
any

Enactment,

persons) associated

lawful

purpose may, association and Enactment with in

or

of to a names by subscribing of this with the otherwise complying requirements form an pany, incorporated comrespect of registration, without limited liability that is to say, either
"

memorandum

(a)

having company the memorandum

shares

the to

of liability
the held

its members if any,

limited

by
the

amount,

unpaid
this

on

respectively
a

termed

company

limited the
to

(in by them by shares) ;

amount to

Enactment

(h)

having company the memorandum

of the

of liability
such

its members
as

limited members
to

by

the

thereby respectively

undertake

contribute

the

may assets

in the event company Enactment termed a company

of its

being wound up (in this limited by guarantee) ; or

on

(c)

company members

not

having

(in this
of
a

any Enactment

limit

the
an

of liability unlimited

its

termed

pany). com-

Memorandum of company limited by shares.

6. (i) In the shall state

case

company

limited

by

shares

the

memorandum

(a) the (h) (r)

the

name

of
in its

the
name

company,
;

with

"

Limited

"

as

the

last

word

State, being

one

of the

Federated
company
;

Malay States,
is to be

in which
;

the the

registeredoffice objects of
the

of the

situate

the

company

{d) that
(e)
the

of the liability
of to the be

members

is limited which

amount

share

capital with
the

the

proposes
shares

and registered, amount.

division

thereof

company into

of

fixed of the

(ii)No
share.

subscriber

memorandum

may

talce

less

than

one

Eacli (iii)

subscriber

shall

write

opposite to
limited

his

name

the

number

of shares
Memorandum of company limited by

he

takes.
the
case

7. (i) In memorandum

of

company

by

guarantee
"

the

shall state
name

guarantee.

(a) the

of in its

the
name

company,
;

with

"

Limited

as

the

last

word

(b) the
(r) the

State,

being

one

of llie Federated
of the
;

Malay
is to

States,
be

in Mhic^h
;

the

registered

oflice

company

situate

objects of
the

the company
the

(d) that

of liability

members

is limited

COMPANIES.

163
to contribute
same one

(e)

that

each

member company he is

undertakes
in
a

to

the

assets wound

of the
up while

the

event
or

of the
within

being
year

member,
debts
ceases

afterwards,
company and of the and among
not

for payment
contracted

of the
before he

and
to

liabihties be
a

of the

member,
contributories be

costs,

charges, and expenses adjustment of the rights of

such
a

of
the may

winding-up,

for

themselves,

amount

as

required,

exceeding
(ii)If (a)
the company memorandum

specifiedamount.
has
a

share

capital
also state the amount
to

the

shall
which

of
be

share

capital with
and
the

division

the company proposes thereof into shares of a memorandum

may

registered
amount ;
one

fixed

(b) no
(c)
each

subscriber
share
;

of the

take

less than

subscriber he

shall

write

opposite to

his

name

the

number

of shares 8. (i) In
shall state the the
name

takes. of
an

the

case

unlimited

company

the

memorandum

Memorandum

compa";^''
of the company
one

(a) (b) (c)

State, being

of the

Federated company

Malay States, in
is to

which
;

the
the

registeredoffice of the
company.
a

be

situate

objects of the
company has

If the (ii)

share

capital
may

(a) no (b) each

subscriber share
;

of the

memorandum

take

less than

one

subscriber

shall write

opposite to

his

name

the number

of shares 9. The memorandum shall be

witness

he takes. shall bear each

the
same

stamp
in the

as

if it

were

Signature

of

deed,
least 10.

and
one

signed by
shall

subscriber
the

presence

of at

""""''''"'i"'"-

who

attest alter
cases

signature.
conditions mode contained
and to the in its
E"striction
on

company

memorandum for which 11.

with
so

not may in the except

the and

in the in this

extent

memora"ndu!n

express company by which

provision
may
a

is made not

Enactment.
Name of

(i) A
that

be

nearly resembling
in

company that

in existence
name as

identical registeredby a name is already registered, or

to be calculated is in
manner

na^ c"iarf"'Tof
c

to

deceive,
course as

except
of

the

case

where

being Registrar requires.

(ii)Any

dissolved

and

in existence company in such i ts consent signifies

the

the

the

otherwise, is, or through inadvertence identical without aforesaid, registeredby a name as is in existence with that previously registered, by which a company with to deceive, may, or so nearly resembling it as to be calculated of the Registrar,change its name. the sanction
company such consent

which,

(iii) Any approval of

company the Chief

and by special resolution in writing, change Secretary signified may,

with
its
name.

the

164

No.
a

20

OF

1917.
its in
name

(iv) Where
enter

company
on

changes
the of

the

Registrar
former
to

shall

the shall

new

name a

register

and

issue

certificate
case.

place incorporation altered

affect any
any

of the

name,

meet

the

circumstances

of the

rights or obligations legal proceedings by or that might have and legal i^roceedings against the company, any be commenced name been continued or against it by its former may continued commenced name. or against it by its new
(v) The

change

of

name

shall

not

of the

company

or

render

defective

Alteration objects o" company.

of

12.

(i) Subjcct

to the

provisious of

this section

company

may,
so as

i^y special resolution, alter the provisions of its memorandum

to

from of the h edcrated oiiice one change the place of the registered Malay States to another, or, with respect to the objects of the far as may be required to enable it so company,

(a)

to carry
or

on

its business

more

economically or by
new or

more

efficiently ;
means

(b) to

attain

its main

purpose the

improved

;
or

or

(c) to enlarge or change

local

area

of its

operations ;

(d) to

carry with

on

some

business

which
or

may

conveniently
of the
any

under stances existing circumadvantageously be combined

;
or

the

business
or

company

(e) to (il)The

restrict

abandon

of the

objects specifiedin
except
must every persons in
so

the

memorandum.
alteration

shall not
on

take

effect until and

far

as

it is confirmed

by

the Court the

petition.
the Court
to any

Before (iii)

confirming
sufficient

alteration has
company,

be

satisfied

(a) that

notice

been

given
and to

holder
or

of

debentures

of the

class

interests of persons whose will,in the be affected by the alteration ; and

opinion of
in

the Court,

(h) that,
the

with Court

respect
is in the been

to every entitled to

creditor

who and the

the

objection
consent claim to has

manner

directed

object, by
been

who

opinion of his signifies

either
his
or

Court,
or

his
or

alteration

has
or

obtained

debt

discharged
satisfaction
may,

has

determined,
Court
:

has

been

secured Provided for

that

to the

of the
case

the

Court

in the

of any

person

or

class,

specialreasons,
Court
in

dispense with
may

the notice

required by

this section. cither

(iv) The

make

an

order

confirming the
and
as

alteration
as

wholly
and
may

or

part, and on such terms such order as to costs make

Court
to

conditions

it thinks

fit,

it thinks

proper. imdcr

(v) The
have

its discretion shall,in exercising

this section, of the

regard
or

the

rights

and

interests

of

the

members

of any class of them, as well as to the rightsand interests comj)any if it thinks fit, of the creditors,and may, adjourn the proceedings in order
Court may

that

an

arrangement

for the

purchase

to the satisfaction be made may members of tlie interests of dissentient

of the
;

and

give

such

directions

and

make

such

orders

as

it may

think

166 (c) bear

and the
same

No. stamp
each

20
as

OF

1917.
were

if

they

contained

in

deed

(d) be signed by
in the

subscriber

of the memorandum
one

of association who shall attest

presence

of at least

witness

the
Alteration articles of

signature.
to

16.

(i)Subject
alter
or as

the

provisions of
memorandum,

this Enactment,
a

and

to

the

by

conditions resolution
so

contained add

in its

special
resolution.

company

may
or

by special
addition

to its articles ; and

as

any

alteration

made

shall be like

valid

if originally contained

in the articles and

be

subject in
The (ii) of
an

manner

to alteration

by specialresolution.
this section and of the

registered under tjhe Federated 1897," Malay Companies Enactment, any of to alteringany States, extend regulationrelatingto the amount into its distribution shares, notwithstanding that the capital or in the memorandum. regulationsare contained
case
"

power unlimited

of

alteringarticles under
company

shall,in the

formed of

General
Effect of

Provisions. and articles

17. (i)The
bind
as

memorandum and the

shall, when
to

registered,
same

memorandum and articles.

the

company

members been

thereof and

the

extent

if they

had respectively
covenants
on

signed

sealed

by

each

member,

and and and

his executors the part of each member, of the memorandum the observe all administrators, to provisions of the articles, subject to the provisionsof this Enactment. contained
money
or

All (ii) memorandum company.

EeKJstration
memorandum and articles. Effect of of

payable by
articles

any

member
be
a

to the

company

under him
to

the the

shall

debt

due

from

18.
to the

The

memorandum

and

the

if articles, and

any,

shall be delivered

Registrar,and

he shall retain

them. register

registration.

of a company (i)On the registrationof the memorandum is that the hand his the Registrar shall certify under company limited that the of a in the case incorporated, and company 19. company
is limited.

in From the date of incorporationmentioned (ii) incorporation the subscribers of the memorandum,

the certificate of

together
members

with

such

other

persons

as

may

from

time

to time

become

of the

in the contained a body cori)orate by the name all the functions of an capable forthwith of exercising and and a having perpetual succession incorporated company, the ])artof the members to seal, but with such liability on common of its being of the company in the event contribute to the assets company,

shall be

memorandum,

wound
Conclusiveness of certificate of

up

as

is mentioned

in this Enactment.

incorporation.

(i) A certificate of incorporation given by the Registrar in evidence that all the respect of any association shall be conclusive in of this Enactment of registration and respect requirements
20.
of matters

precedent
that

and

incidental
is
a

thereto
company

have

been

complied
to be

with,

and

the

association

authorized

under and duly registered registered

this Enactment. advocate of the and solicitor of the

or

(ii)A

Supreme

statutory declaration Court engaged in the

by

an

formation

company,

by

COMPANIES.

167
director

person

named

in

the

articles
with

as

company,
shall such be

or compliance any produced to the Registrar,and as

of

all

of the
the

secretary of the requirements Registrar may accept

or

said

declaration

sufficient

evidence

of

compliance.
member,
as

21.
and
on

(i) Every
payment
copy

company

shall send dollar

or

of

one

such

to every less sum

at his

request,

copies
and

of

the

memorandum articles to

prescribe, a

of the

memorandum makes

and default

of the
in

company may articles, if any.

bet^ivento

(ii)Any company requirements of this

of ten dollars.

which section

complying
offence

with
to
a

the fine

shall be liable for each

Associations

not

for

Profit.
on

22. A company formed of promoting art, science. Restrictions for the purpose or religion, charity, anyother like object,not involvingthe acquisition othwcom-*'^'^ of gain by the company shall not, panies iioidmg members, or by its individual Avithout the license of the Chief Secretary,hold more than two acres of land ; but the Chief Secretary may such by license empower any lands in such hold and to such to subject quantity, company

conditions,
23. that
an

as

he

may it is

think

fit.
to the satisfaction be formed
as a

(i)Where
association

proved
to

of the Chief
company

Secretary
is to be
,

power

to

about

limited

"'umTter^Mn

art, science, religion, charity or any promoting commerce, "^mp of and intends com-^" to apply its profitsor other income object, other P^mes. in promoting its objects, and to prohibitthe payment of any dividend to its members, the Chief Secretary may by license direct that the be with limited association registered as a company liability,
other

formed

for

useful

Anthout

the

addition
may be

of the

Avord

"

Limited

"

to its name,

and

the

association

registered accordingly.
the Chief

(ii)A granted
Chief

license
on

by

such

conditions

Secretary thinks fit regulationsshall be binding on Secretary so direct, be inserted

in
one

Secretary under this section may subject to such regulations as conditions those to impose, and
and
the association and in the

be

the
and

shall, if the Chief

and

memorandum

articles, or

of those

documents.
shall and
"

The (iii)
of limited those

association

on

companies
name, to

be

enjoy all the privileges registration all their subject to obligations, except
"

of using the

word and

Limited

as

publishing its
and managers

of sending three of its weeks Registrar but shall mthin first or only ordinary general meeting in each year file with the balance sheet, account, Registrar a receiptsand disbursement or a audited by auditors approved b}^the Chief Secretary.
the

and of part of its name, any lists of members and directors

(iv) A
the the the and

license under
"

this section
upon at the end

Chief
word
'

Secretary, and
Limited the

may revocation

at any the

time

be revoked
shall

by
enter upon

Registrar

of the
shall

name cease :

of the
to

association

register,and
that

association

enjoy the exemption

privileges granted by
before to the be

this section the license

Provided
shall

is

so

revoked heard

an

opportunity

afforded

association

of

being

in

oppositionto

the revocation.

"1G8

No.

20

OF

1917.

CoiMTANiES
Provision
as

Limited
a

by

Guarantee.

to

24.

(i) In
a or

the

case

of

company

limited
in

by guarantee
the

and

not
or

companies limited by guarantee.

having
articles
any

share in any
a

capital,every
resolution to

provision

memorandum
to

person

right
purpose

company participate in the

as a

of the

purporting
divisible be

give

to

profitsof

the

company

otherwise
the

than

member

shall

void. Enactment
and

(ii)For
to

of the

provisionsof
limited

this

relating
of this
in any to

the

memorandum

section, every
resolution

company provision in the memorandum

of

by guarantee
or

or articles,

divide the

the

be treated
nominal

limited company undertaking of the company as a provision for a share of

any -amount
or

by guarantee, purporting
into shares
or

interests

shall
that

notwithstanding capital,
shares
or

number

of the

interests

is not

specified thereby.
PART DISTRIBUTION REGISTRATION AND REDUCTION OF AND UNLIMITED UNLIMITED
LIABILITY

II. OF SHARE COMPANY OF TORS. DIREC-

CAPITAL,
AS

LIMITED,

Distribution
Nature Bhares. ot

of

Share

Capital. member
manner

25.
shall

(i) The
be

shares

or

other

interest

of any
in

in

company
the

movable

property, transferable
company. in its
a

provided by capital shall

articles of the

(ii)Each

share

company

having

share

be

distinguished by
Certificate Bhares
or

appropriate number.
the
common

of stock.

26.
any of the

A certificate
or

under

seal of the shall

or

shares

stocic held member

Ijyany

member

be

specifying company jnimd facie evidence

shall be

title of the

to the

shares

stock. of
a

Definition member.

ot

27. deemed
its

(i) The
to

subscribers

of the memorandum
to become
as

company

have

agreed

members

shall registration

be entered person
name

members
to in

and of the company, on of members. in its register

(ii)Every
company, shall be
Register
members. of

other
whose

who

and
a

agrees is entered

become
its

member

of

registerof members,
books

member

of the company.
company and enter

28.

(i) Every

shall therein

keep
the

in

one

or

more

register

of its members,

: followingparticulars

(") the

names

and

addresses, and
and in the
case

the
of
a

the members,

conij)"ny

capital a statement each distinguishing or ])ai(l agreed to

each
member
;

of the share be

shares

occupations, if any, of having a share held by each member,

and
on

by

its numlx'r,
as

of the the

amount

consideretl

paid

shares

of

[h] the
a

date
member

at which
;

each

person

was

entered

in the

as register

(r) the date (ii)Any

liable to
a

at which

any

person

ceased

to with

be

member. shall be

company

which

fails to

comply

this section

fine not

dollars exceedingfifty

for every

day during which

COMPANIES.

169
or or

the

default

continues and like

and

any

director

manager

who
be

knowingly
liable
to

the

authorizes wilfuU}'^ penalt3\

permits

of the company the default shall

at least 29. (i) Every company having a share capitalshall once in every the make list all fourteenth of avIio, on a day persons year after the first or only ordinary general meeting in the year, are

Annual members summary.

list of and

members members

of the
since

company, the date

and

of the

who have ceased to be of all persons last return the of the first in case or,

return, of the incorporationof the company.

(ii)The

list shall

state

the

names,

addresses, and
therein

occupations,
and
at

if any, of all the past and present members the number of shares held by each of the date
the

mentioned,
since the date

existing members

the

of the

return,

specifyingshares
case

transferred

of

last return

or, in the

of the
are

first return, of the

still members dates and

incorporation
have

of the company to be members

and shall

who by persons and respectively contain

a

ceased

the

of

of the transfers, registration

summary

issued than

for cash
in

and

shares

issued

cash, and
amount

specifyingthe
of the of shares of
share into

shares distinguishingbetween otherwise as fullyor partly paid up : followingparticulars

(a) the

capital of
which
from

number

the company, it is divided ;

and

the

{b)

the the

number company

shares up to

issued the
on

the

commencement
;

of

date each

of the
share
; ;

return

(c) the (d) the (c) the

amount

called up
amount amount amount in

total
total total

of calls of calls
of the

received

unpaid
sums,

(/) the
by

if any,

paid by

way

of

mission com-

respect of

way

of discount

shares or debentures, or allowed any in respect of any debentures, since the

;

date

of the

last return of shares of shares

at the

ig) the

total number
total amount

forfeited
or

(h) the
are

stock

for which
return
;

share

warrants

outstanding

date

of the

of the share warrants (i) the total amount respectivelysince the date of the

issued

and

surrendered
;

last return

(/) the
(/i)the

number

of shares
;

or

amount

of stock

comprised
who
at the

in each

share
names

warrant and
are

addresses
the

of the

persons

date

of

the

return

directors
due

of the from

company the company

are

; and

(l) the

total amount
with

of debt and
the have

in

respect
to be
or

of all mortgages

registered
which
created

would

charges Registrar under been required so

which

required
be

this
to

Enactment,

registered if
after the

after the

commencement

of this

Enactment.

The (iii) summary statutory meeting include

a

shall also, except where

or

it is made
a

where

the

company

is

the

date statement, made up to such in the form of a balance statement,

private company, be specified in as may sheet, audited by the

170

No.
and

20

OF

1917.

company's auditors,
its liabilities the and nature its

of its share capital, containing a summary such assets, giving particularsas will disclose
those have liabilities been arrived and

general
of the
not

of

assets, and
the

how

the

values need

fixed assets
a

at, but loss.

balance

sheet

include

statement

of

profitand

shall be contained in a separate (iv) The above list and summary and shall be of the of members, register completed within seven part and the fourteenth the company shall after aforesaid, day days

forthwith
or

forward

to

the

Registrar a
makes shall

copy

signed by
in

the

manager

secretary of the

company.

(v) Any company requirements of this

which
section

default
be

complying
a

with

the

liable to the

fine

not

exceeding
and
like

fiftydollars
any

for every
or

day during
of
the

which

default
who

continues, and

director

manager
or

company

knowingly

wilfullyauthorizes penalty.
Trusts be not to
on

permits

the

default

shall be liable to the

30.

No

notice

of any
on

entered

register.

shall be entered

the

trust, expressed,implied, or constructive, of members, be receivable or by the register

Registrar.
Begistration
of transfer request of transferor. at

31.
in the
same a

On

the

appUcation
the company

of the

transferor
enter
same

of any

share and

or

interest members to the

company,
name

shall in the

in its
manner

registerof
entry
were

of the

transferee
as

subject

conditions transferee. A transfer

company

if the

application for

the

made

by

the

Transfer

bypersonal representative.

32. of
the
as a

of the share

or

other

interest

of

deceased

member

by his personal representativeshall, although personal representativeis not himself a member, be as valid
made had
been
a

if he

member

at

the

time

of the

execution

of the

instrument

of transfer. from
the

Inspection
register

of

33. the this

by

members.

commencing (i) The registerof members, shall be kept at of the company, registration
com])any,

the

date

of

office registered

of the

and,
shall

except
as

when

closed

under

Enactment,
that
not

during
the two

business company hours

hours
in

the provisions of (subject to such may for

to

reasonable
so

restrictions

impose, inspection)be open to the inspection of any

such
less
sum as

less than

in each any

general meeting day be allowed

of
each
a

the

inspection of
person may
on

member

gratis,and

other

payment

the company
or

for prescribe,
may

fiftycents, or inspection.
copy of the

(ii)Any

member

other

person

require
list and

of any part thereof, or or register, or part thereof, any by this Enactment, cents, hundred
or

of the

on

such

less
or

sum

as

the

comi)any

words
any

fractional
or

part thereof

required twenty-five for every prescribe, may required to be copied.

summary

payment

of

If (iii)

inspection
company

refused, the

shall be

this required under copy liable for each refusal to

to
a

section
a

is
not

fine

exceeding twenty dollars, and dollars for every day during

director
or

further

fine not

exceeding twentj'
and any
or

which

the
who

refusal

continues,
and
a

manager

of the

company

permits the refusal shall bo liable to the

knowingly like penalty ;

authorizes

Judicial

COMPANIES.

171
immediate

Commissioner

may

by

order

compel

an

inspectionof
in

the

register.
34. A
company may is situate time
or on

giving notice by
the

advertisement
the

some

Power

to close

newspaper the company

in circulating

State
in

in which the

and
times

members

for any year.

not

registeredoffice of Gazette close the register of exceeding in the whole thirty

''^sister.

days
35.

in each

(i) If
the in
or name or

(a)

of any omitted

sufficient cause, entered is, without person of members from the register of a company ;

Power

of court

re/ister!^

(b) default
on a

is made

or

unnecessary

delay

takes

the member

the register
;
or

fact of any

person

place in entering having ceased to be

company, of the
or

the

person

company

aggrieved, apply to may

any

member

of

the

the

the

Court be made

for rectification

register.
or or

(ii)The application may application to a Judicial

such other
manner as

by

motion

in the

Court,

by
in

Commissioner Court may

sittingin chambers,
direct. vnih. application, of the
or

the

The (iii)
costs to

Court

be

paid

may by the
an

either refuse the

withoiit

applicant,

or

may,

if satisfied of the

justice
may any

of the case, make direct the company

order
to pay

for rectification all the costs

may

register,and
and

of such have

appUcation
sustained.

damages
(iv) On

which any

the

party aggrieved

decide applicationunder this section the Court may is a party to who question relatingto the title of any person any the application to have his name entered in or omitted the from whether the question arises between members or register, alleged the one between members hand members, or or on allegedmembers and the the other hand decide on generally may company ; and question necessary or expedient to be decided for rectification any of the register.

(v) In
send
an a

the

case

of

company
to the

list of its members for rectification rectification of the

The

order

of the
to be

notice

to required by this Enactment the when Court, Registrar, making shall by its order direct register, the to Registrar. given

36.
matters

of members register by this Enactment

shall be 'prima directed

or

facie evidence
to

authorized

be

of any inserted

Register
"^"*^"'^^-

to be

therein.
company wdth articles, may, issue under its common the warrant

37.

(i) A

limited

respect
to

to

seal

is entitled

the

by shares, if so authorized by its shares to stock, or fullypaid-up any warrant a stating that the bearer of shares and stock therein or specified,
otherwise,
or

Issue

and

effect to

of share warrants bearer.

may future

provide, by
dividends
on

or coupons the shares a

for

the

payment
in the

of

the in

stock

included

warrant,

this Enactment

termed
warrant

share

warrant.

(ii)A
or

share therein

shall

entitle the

the bearer
or

thereof may

to the

shares

stock

and specified,

shares

stock

be transferred

by delivery of

the

warrant.

172
The (iii) bearer

No.
of
be
a

20

OF

1917.

share

warrant
on

of the
have and

company, liis name company

entitled,
as a

shall, subject to the articles surrendering it for cancellation, to

in the

entered

member

register of members

the

shall be of the
a

responsiblefor
in

person

by
bearer

reason

of

of

share

company warrant

loss incurred by any any the name entering in its register

respect of

the

shares

or

stock and

therein

specified without
bearer
so

the

warrant

being

surrendered

cancelled.

(iv) The
company within

of

share

warrant
to

provide,
meaning

be

deemed

be

if the articles of the may, member of the company a

either to the

the

of this

Enactment,

full extent

or

defined in the articles ; except that he shall not for any purposes in the warrant in respect of the shares be qualified stock specified or

for
such

of the company, being a director or manager is required by the articles. a qualification the
issue

in

cases

where

(v) On
out

of

share

warrant
name

the of the

company

shall
then

strike if

of its
as

of members register

the
or

member
the

entered
as

therein
he had

holding
to

the
a

shares

stock and

in specified

warrant

ceased

be

member,

shall enter

in

the

registerthe

: following particulars

(a) The

fact of the
statement

issue

of the
or

Avarrant

(h) A
(c)
The

of the

shares
share

stock

included
;

in the

warrant

distinguishingeach
date of the
issue is

by

its number

and

of the

warrant.

(vi) Until
be deemed
entered date
M

the warrant
to be the

surrendered, the above

this

shall particulars
Enactment to

in of
a

the

particularsrequired by registerof members ; and, on

must to be
a

be
the at

the
were

surrender,
the

the

surrender ceased person

iutcnt to
or

entered member.

as

if it

date

Inch

person

be

ForKcry,
'

38.

(i) Any

who

unlawfully

{(i)with

defraud,
share

forges
or

or

alters,
the
same

or

offers, utters,
to be

pTat"sl'etc.

disposes of
altered, any

puts off, knowing

warrant
a

forged
document issued

or

coupon,
or

or

any

purporting
pursuance

to

be

share

warrant
;
or

coupon,

in

of this
of
or

Enactment such

(b) by
or

means

any

coupon,

document,
to obtain

forged or purporting
or

altered
as

share

warrant,
or

aforesaid, demands
share
or

any tiiis l"]nactment, in any under company dividend or mDiiey ])ayable in respect the
or

endeavours

receive

interest any

to

receive

thereof, knowing

warrant,

coupon,

or

document

to

be

forged or

altered

{(')falselyand
or

deceitfullypersonates
in any in
or

any

owner

of any
warrant

share
or

interest

company, pursuance endeavours warrant any

or

of any of
to
or

share

coupon,

issued
obtains
or

this obtain coupon, due to

Enactment,
any
or

and
share
or

thereby
or

such

interest

share receive
were

receives

endeavours
as

to

money true

any

such

owner,

if the

offender

the

and

lawful

owner,

174 (iv) The

retained
as as or

No.
shall company securities in such may may

20
invest

OF

1917.

and

keep
on

invested

the

authorized
or

for investment fixed

on

by
so

so money trustees

the the
on

company directors
so

determine,
determine
as

deposit in
money

such

bank

; and

the
time in

invested
amount it has

much

thereof

from
on

time the

to

exceeds

the

of calls been time

subsequently
time
on

made

shares pay the

respect of which
interest received

retained, the
to

company

shall
or on

the

from

the

securities retained
may

deposits.
shall be

(v) The
the
so

amount

and be

invested made
to the

held

to share

represent

future reduced whole

calls which
on or

replace the
amount
as

capital
on

those
such

shares, whether

obtained
the

sale

of the

the

call when of any call.

made

proportion produces
of

thereof
more or

represents
less than
the

amount

amount

of

(vi) On
shareholders extend
to

reduction powers
in

paid-up
in

share

capitalin
of

pursuance

of this calls
on

section, the
the

vested

the

directors

making

respect of the amount of the unpaid amount

reduction of share
the

unpaid on their share capital as

this

shares

shall

augmented
section

by

the reduction.

(vii) After
company this Enactment

any

capitalunder
list of members at the

the

shall

specify in
the amounts

annual retained

required by
any

request of
shall

of the

shareholders the
statements the

in

pursuance of accounts

of

this

section, and
any

laid before

specify in general meeting of the

in reduction

company

amount

of undivided
this section.

returned profits

of

paid-up
Power company limited shares Its share of

capital under
company

41.

(i) A

limited

by shares,

if

so

authorized
as

by
follows

its
"

by
to

articles, may
that

alter the
"

conditions

of its memorandum

alter

is to say, it may

capital.

(a) increase
amount

its share
as

it

capitalby the issue thinks expedient ;

divide
all
or

of

new

shares

of such

(h) consolidate
shares

and

of all

largeramount
or

than

of its share capital into any its existingshares ;

(c) convert

reconvert

into of its paid-up shares stock, and any of nominatio deshares into stock that paid-up any
;

(d) subdivide
amount

its shares, than

or

any

of them, the

into

shares
so,

of smaller

is fixed

by
the

memorandum,

however,
reduced share

that

in the

subdivision
the

paid
share from

and

amount,
the
same

if
as

proportion between unpaid on any,

it
was

the amount each of the

shall be which shares

in that

in the

case

the reduced

share
date not

is derived

(e) cancel
taken share

which,

at the have

of the
been

behalf,

tion passing of the resolutaken or agreed to be the shares

with amount
so

by any person, and capitalby the amount

conferred shall be
alteration
a

diminish of the
section

of

its

cancelled.
to

(ii)The
Where (iii) memorandum

powers

by
has

this

respect
this section

division sub-

of shares
any

exercised been

by specialresolution.
made under
in the

of

company,

every

copy

of the memorandum

issued

COMPANIES.

175
shall

after

the

date

of the

alteration

be

in

accordance

with

the

alteration.

Any company provision shall

copy manager in

which
be

makes
a

default

liable to

fine not

complying with exceeding ten dollars for

in
;

this each
or or

respect of which
of the
the

default who
be

is made

and

any

director

permits

default

company shall

knowingly
in pursuance

and
like

authorizes wilfully

liable to the

penalty.
of this section
shall not

(iv) A
be deemed this

cancellation
to be
a

of shares

reduction

of share

capitalwithin capitalhas of larger

to the

the meaning

of

Enactment.

42. divided verted

Where
its

a company having a share share capital into shares or

consolidated
amount

and
its

Notice

to

than
or recon-

^n'soif^fa^on
of share shares

existingshares,
stock
into

converted

any

of its shares

into

stock,

capital,
into

shares, it shall give notice

division, conversion, or shares consolidated, divided, or converted, consolidation,

and the

Registrar of the reconversion, specifyingthe

or

^toek.etc.

the

stock

reconverted,

Registrar shall record

the facts.

43.

Where

of its shares shares

a having a share company into stock, and given notice

capital has
of the of the which

converted
to

conversion
are

any the

Eject shares

of

in"o"^

Registrar,all the
to

provisionsof this Enactment

cease as

only
into

shall

to

so

much

share

applicable stock. capital as is

converted and the

stock

; and

the

of members register
to the

the list of members

amount

to be forwarded

Registrar,shall

of the company shew

amount

of stock the

shares

and

instead of the hy each member hereinbefore shares to particularsrelating held

of

required
its its

by

this Enactment.

44. shares share

(i)Where
have
or

have

company not been

having
converted

share
,

capital,whether
.

Notice increase
share

of of
or

into stock, has increased

, ,

a company capitalbeyond the registered capital, and where of its members the number not having a share capitalhas increased beyond the registerednumber, it shall give to the Registrar,in the fifteen days after the of share capital,within increase of an case the resolution the of in confirmation, of the a case or special passing, of of an increase resolution authorizingthe increase, and in the case resolved or within fifteen days after the increase was on members the and of capital or members, of the increase took place, notice increase. record the shall Registrar

capital of members.

company requirements of this

(ii)Any

which
section

makes
shall

default
be liable

in to

complying
a

with

the and

fine

not

exceeding wilfully penalty.

Reorganization capital.

fiftydollars
any director
or

for every
or

day during which

of the
the company

the who

default

continues,
and

manager

knowingly

authorizes 45.

permits
company

default

shall be liable to the like shares

(i)A

limited of the
as

confirmed

by

an

order
so

may, Court, modify the

by

by specialresolution
conditions contained whether capital,
or

of share

in its memorandum the

to

reorganizeits
of different
classes to
or

share

by
of
of
a

consolidation
into

of shares

classes
;

by the division
that
any
no

its shares
or

shares

of different
with

specialprivilegeattached
shall in be

provided belonging to
a

ence preferclass

shares

interfered of

except

by
of

resolution class

passed by
holding
three-

majority

number

shareholilers

that

176
fourths of the share

No.

20

OF

1917.
class and confirmed
as a

capitalof
is

that

at

meeting

of shareholders

of that

class in the

same

manner

tion special resoluresolution

so

of the company passed shall bind

required to
is made

all shareholders

be confirmed, and of the class. this section

seven as

every

(ii)Where
thereof

an

order

under

an

shall be filed with of the

and the

the

Registrar within
such

office copy days after the Court

a

making
allow,
been
so

order,

or

within

further take

time

the
such

may

resolution

shall not

effect until

copy

has

filed. Reduction
of

Share

Capital.

lution Special reso-

46.

(i)Subject
its

to confirmation

for reduction share of

by shares, if so authorized
reduce share

by

its

limited by the Court, a company resolution articles, special by may

capital.

prejudice to the

and in particular,without capital in anj^ way, of the foregoing generality power, may
or

(a) extinguish

reduce

the

respect of share

capitalnot

on liability paid up

any
;
or

of its shares

in

(b) either

extinguishing or reducing liability its cancel of shares, on paid-up share capital any any \v'hicli is lost or assets or unrepresented by available ;
or

with

without

(c) either
on

with

or

without

extinguishing

or

of its shares, pay off any paid-up share any is in excess which of the wants of the company, and
may, if and
so

reducing liability capital by

shares

far

as

reducing the accordingly.

(ii)A
called
Application
to Court order. for a

amount

of

is necessary, its share

alter

its memorandum

capital and
in

of

its

resolution

specialresolution under this section is for reducing share capital.

this Enactment

confirming

has passed and confirmed 47. Where a company it may apply by petitionto reducing share capital, order confirming the reduction.

resolution for

for
an

the Court

Addition of name company

"

to of

and

reduced.

by a company (i) On and from the confirmation th(^ reduction where for reducing share capital, or in respect of any either the diminution liability
48. shareholder the payment to any or cai)ital capital,then on and from the presentation
the of

of
does of

resc^lution involx'e

not

unpaid

share

paid-up share any of the petitionfor confirming

to

reduction, the
Court
may

company

shall add
Avords
""

its

name,

until
as

such last

date words
to

as

the

fix, the
those

and

reducicd,"

the

in its name,

and
name

words

shall,until that date, be deemed

involve either the diminution
the

be part of the

of the company. does

not

(ii)Where
any

the reduction
of

of
to

unjiaid share capital or shareholder of any paid-up share capital,the any the it expedient, dispense altogether with thinks
in respect liability

payment
may,

Court

if it of the

addition

words
Objections by
creditors and of settlement list of objecting creditora.

"

and

reduced." th(^
of any

49.
either

(i) Where
diminution
to
case

the
in

})ayment
any

capital involves or in resjiect of unjiaid share ca])ital lia])ility of any sliareholder paid-up sliare capital,and pro])osed reduction
of share
Court
so

other

if the

directs, every

creditor

of

the

COMPANIES.

177
the Court
is entitled to any debt

company claim or up

who the

at the

date date

fixed
were

by
be

which,

if that

the commencement admissible

in

of

company,

would
to
a

of the windingj^roofagainst the

company,

shall be entitled Court that and

objectto

the reduction,
so

(ii)The
and

shall settle shall

list of creditors

entitled

to

object,

for

requiring an
creditors

ascertain, as as possible ^^^thout from the of those creditor, names application any
purpose

far

the

nature

and

amount
or

of their

de])ts which
or are

or

claims, and
creditors not

publish notices may entered the list are on

from
the

fixinga day
to claim
to

days
so

within

be

entered

to be excluded

right of objectmg
a or

to the
on

reduction.
the

Where (iii) discharged Court

on

creditor entered determined does

list whose
consent to

debt the
claim
"

or

claim

is not

not

reduction, the
of that creditor,

may,

if it thinks

fit, dispensemth

the consent
or

the company securingpayment the Court may direct,the as

of his debt

by appropriating,
that is to say,
or

followingamount
full amount
it is

(a) if the
or

company

admits
not

the

of his debt
claim

claim for it,

though

admitting
does

willing to
or

provide
;

then

the full amount

company

of the debt
not admit
or or

(b) if

the
is

is not

willingto provide
or

for the the

full amount
or

of the debt
not

claim,
an

if the

amount

contingent
Court

ascertained, then
like

amount

fixed

by
if

after
were

the

enquiry
wound
up

and

adjudication as
the Court.

the company

being

by

50. The
company
or

with Court, if satisfied, who under

claim may

respect

this
has

Enactment

creditor of the to every is entitled to object to the has been determined reduction
on

order

roX^ctTonf

reduction, that either

his debt and
or

his consent

to the reduction

obtained
or

been
an

been
terms

secured,

make
as

order

discharged or has confirming the

fit.

has such

conditions

it thinks

(i)The Registrar on production to him of an order of the Registration of niiimte'of confirming the reduction of the share capitalof a company, reduction. of the order and of a minute, of a copy and the delivery to him approved by the Court, shewing with respect to the share capitalof of the share capital, the company, altered by the order, the amount as
51. Court the number of each deemed minute. On the registration, and not before, the resolution for reducing (ii) shall take effect. confirmed as by the order so registered capital of the
may

of shares
and the

into

which

it is to be

divided, and the

amount

share
to

be

paid

if any, at the date of the registration amount, the order and each on share, shall register up

share

Notice (iii)
as

shall registration

be

published in
his hand
with

such

manner

the Court

direct. the

(iv) The
that all the of share

under Registrarshall certify

of registration
evidence

the order and

minute,

and

his certificate shall be conclusive and

requirements of this Enactment capitalhave been complied with,

is such
as

respect to reduction

that the share

capital

of the company
Ill"

is stated

in the minute.

12

178
ilinute to form
memo-

No. (i) The

for the
minute when

20

OF

1917.
be

52.

registeredshall

deemed

to

be

tuted substi-

part of
ranUum.

and

corresponding part of the memorandum shall be valid and alterable as if it had been
;

of the company,
contained originally

therein

and

shall be

embodied

in every

copy

of the

memorandum

issued

after its

registration.
makes shall default
be liable in to

which (ii)Any company section of this requirements

ten

complying
a

with

the

fine

not

exceeding
and any

dollars
or

for each
manager
or

director authorizes
Liabilityof
members in respect of reduced stiares.

in respect of which default is made, copy of the comjiany ^^'ho knowingly and

jjermits the default

member of the share

shall be liable to the like

Avilfully penalty.
not

53.

(i) A

liable in respect of any

in
amount
case

company, to any any,

past
call
or

or

present, shall
amount is to

be

contribution the

the may

difference,if
reduced

between
if any,

exceeding jDaid, or, as

be deemed
as

the

be, the

amount, and

which

to have

been

paid, on

the share

the amount

of the share

fixed

by

the minute. claim of

to his

If any creditor, entitled in respect of any debt or (ii) of share object to the reduction capital, is, by reason ignorance of the proceedings for reduction, or of their and
effect with

nature list of

respect

to

his

claim,
the

not

entered
is

on

the

imable, within company with the meaning of the provisions of this Enactment respect to of his debt or claim, winding-up by the Court, to pay the amount
then

creditors, and, after the

reduction,

(a)

every

person

w^ho

was

member

of the

registration of the order

an

of the company for reduction

at the

date

and

minute,
debt he had which

shall be liable to contribute

or

for the

payment
the amount

of that

claim

amount

not

exceeding
uj)
on

would

have

been

liable to contribute the

if the before

company

commenced
; and

to be wound

day

that

tion registra-

(6) if

the company of any such

may,
so

is wound

creditor, and

if it thinks
to

the Court, on the application said proof of his ignorance as aforefit,settle accordingly a list of persons
up,

liable
on

contribute, and
contributories contributories section shall

make settled in
a

and
on

enforce
the

calls and
as

orders
were

the

list

if

they
tributories con-

ordinary
in

winding-up.
the

Nothing (iii)
as

this

affect

rights

of

the

among

themselves.
or

Penalty
of
name

on

54.

Any director,manager,
the
name

concealment of creditor.

conceals
or

of any

creditor

who officer of the company wilfully entitled to object to the reduction,

or

wilfully misrepresents the

nature

amount

of the

debt

or

claim

of any ^^"ho of the company creditor, and any director or manager abets any such concealment or misrepresentation as aforesaid, shall be liable to imjirisonment for a term extend to one which year may
or

to fine

or

to both.
case

Publication
of
reasons

55. In
for

any

of
to

reduction

of share the
in to Court

capital,the
directs the

Court
reasons

reduction.

require the reduction,

may

or

company such

as ])ul)lish

may for

other

information
a

think

expedient

with

view

regard thereto as the Court to giving proper information

COMPANIES.

179
the fit,
causes

the

public,and,

if the

Court

thinks

which

led to the

reduction. 56.
and

is

A company limited by guarantee may, if it has a share capital, increase its share authorized reduce or so by its articles, increase
same manner a

and

shlrecapit
in
case

capitalin the and subject to

reduce

and
company

which

its share

capitalunder
of

conditions subject to the same increase limited by shares may the provisions of this Enactment.

in
or

of

un^teTby

havin"*^
share

capital.

Registration 57.

Unlimited

Company this
1

as

Limited.
company Enactment
Registration
as """ unlimited company limited.
as

(i) Subject to the registered as unlimited

~.

provisions of
may
11.

section, any
this
1--1

register under

limited,
may

or

any

company

under re-register
company
as

unlimited

already registered as a limited companj% this Enactment, but the registration of an shall not affect any debts, a limited company

into by, to, incurred entered contracts liabilities, or or obligations, and those before the registration, with, or on behalf of the company in be enforced and contracts debts, liabilities, obligations, may
manner

provided by
of that

Part Part.

VII

in the

case

of

company

registered

in pursuance

of this section the Registrar registrationin pursuance former registration of the company, and may dispense with the delivery to him of copies of any documents with copies of the occasion which he was furnished of the original on registration of the company, shall take but, save as aforesaid, the registration in it the if and shall have effect the first same manner were as place of the this and under if the as Enactment, registration company under which Enactments the or provisions of the Enactment and regulated had been contained was previouslyregistered company shall close the in different Enactments
a

On (ii)

from
company.

those

under

which

the

company

is

registeredas
58. An

limited

unlimited for

company

having
a

share
company

capital may,
in
'=""='

by
namely

its of
:
*'

Power

of to for

resolution

registrationas
do either
the
or

limited

pursuance
"

company
provide
reserve

this Enactment,

both

of the following things of its share of

up

share
on

(a) increase

nominal

amount

capital
the

by
but

capital

of each amount increasing the nominal that subject to the condition no part capital shall be capable of being called
event up;

of its shares

increased
in the

except

and

for the

purposes

of the

company

being

wound

(b) provide
and

that be

shall not

for the

specified portion of its uncalled share capital of capable being called up except in the event of the company being wound purposes up.
Liability
op

Reserve

Limited

Company.
Reserve "' lifted" company.

that by specialresolution determine may company its of share which has been called not already capital any portion and up shall not be capable of being called up, except in the event for the that
up purposes in

59. A limited

of the
its share event

company

being
not

Avound be

up,

and

portion of
except

capitalshall
and for the

capable

of

thereupon being called

the

purposes

aforesaid.

180

No.

20

OF

1917.

Unlimited
Limited may company directors have with unlimited

Liability
company the

of

Directors. the directors

or

60.

(i) In
or

limited of the

of liability if
so

managers,

managing director, may,

company in which
or a

provided by
a

the

memorandum,
In (ii)
manager any,
a

be unlimited. limited the of liability of the director

compan3^
or or

liability.

is

unlimited, the directors

who
proposes
or

managers person

if

and

the member that the

for election

ment appoint-

to the
a

office of director

manager,

shall add

to that

proposal
office will

statement

of liability

the

person

holding that

be unlimited, and if any, his of the

the promoters,
acts

company,
or

accej^ts the office

will liability

and secretary, directors,managers, before the person of them, shall, or one in him notice therein, give writing that

be

unlimited.
or

(iii) Any director, manager, adding such statement, and

secretary who
to
a

proposer

who

makes

default

in

makes

default
one

any in

promoter,

giving

such

director, manager, or notice, shall be liable

shall also be liable

fine not
any

for

exceeding damage which

the shall not be

thousand the

dollars, and

sustain

from

default, but

appointed
Special
resolution of limited company

elected or so appointed maj^ person elected or of the person the liability affected by the default.

making
unlimited.

liability

61. (i)A limited company, if so authorized so by specialresolution,alter its memorandum the liability of its directors or managers, director.

by
as or

its

articles, may,
unlimited

to

render
any

of

managing

of directors

Upon the confirmation (ii) provisions thereof shall be as

contained embodied after the in
in
or

of

any
as

such if
a

valid
;

special resolution the been they had originally

copy

the

memorandum
to every

and

thereof

shall

be

annexed

copy

of the

memorandum

issued

confirmation

of the Avhich
section

resolution. makes default in

(iii) Any company requirements of this

ten

complying
a

with

the

shall be of the the

liable to

fine not

exceeding
;

dollars

for each
or

copy
or

in

respect of which
company

default who

is made

and and

any

director

manager

knoAvingly

authorizes A\ilfully penalty.

permits

default

shall be liable to the like

PART MANAGEMENT AND Office

Registered office
of company.

III. ADMINISTRATION.
and

Name. the

62. (i)Every
address
to

company

shall

registerwith
called
may

of

an

in this Enactment office,

Registrar the full the registeredoffice,

be addressed.

which

all communications

and

notices

section shall comply with the requirements of sub(ii)Every company often and as of association it files its memorandum (i)when
as

there

is any

change

in

the

situation

or

address

of its

registered
with the

office.

Any company (iii) requirements of this fiftydollars for every

which
section

makes

default the

in

complying
a

shall be

liable to

fine

not

exceeding

day during

Mhich

default

continues.

182 (iv) When

company in may,
on

No.
default
has

20

OF

1917.

been with

made
the

accordance

holding provisions of
the

in

meeting
this
company,

of the

section, the
call

Court
or

direct 65.

the

member the application of any callingof a general meeting of company and

of the

company.

statutory
meeting
company. of

(i)Evcry
one

limited

by
than

shares
'

and

registeredafter
a

the less
at

commencement

of this Enactment month

not
more

shall, within
six

period of
^

not

than which

months which
to

from

the
a

date

is entitled to commence the company of the company meeting of the members

business, hold
shall be the be first

general
the

called

statutory meeting

and

shall

be

deemed

ordinary day
in

general meeting.
The (ii) which the Enactment
company to receive

directors

shall, at

least
is

seven

days

before
a

the

on

statutory
called and
it. to
"

meeting
the other

held, forward
entitled under

report,
member

this

statutory report," to
person

every

of the

every

this Enactment

The (iii) directors

statutory report shall be certified by

or,

not

less than
two

two

by

the

of the company, sole director and total number

as

where

there
and

are

less than

directors,

manager, of shares

shall state

(a) the

allotted, distmguishing shares fully or partly paid up otherwise than in cash, and of shares partly paid up the extent stating in the case in either to which the so they are case paid up, and consideration for which they have been allotted ;
allotted total amount shares of the of cash received

(b) the
(c)
an

by

of all the abstract

allotted, distinguished as

the company in respect aforesaid ;

on

receiptsof
from

the

company
or

account

of its of the

capital, whether
payments
of the made of date the and

shares
up

debentures,
a

and
seven

thereout,
the

to

date

within from
made

days
and

report, exhibiting under

the
sources,

distinctive shares

headings
debentures and
and

receipts of
other

company the payments balance of the

thereout,
in

particulars concerning
an

the

account company

or

estimate

remaining preliminary
the

hand,

expenses

of the

(d) the

names,

addresses,
managers,

and if

of descrij)tions
any,

directors,
of the

audit(irs,
company
;

and

secretary

and
any to

(e) the
to

particularsof
be submitted the

contract, the modification

the

of which

is

meeting
of the

for its

with

particulars

mollification

approval, together or proposed

to

modification.

(iv) The
allotted

statutory report shall,

so

far

as

it relates in

the

shares
such

by
be

shares, and
account,

and the company, to the cash and the to receipts payments

received

respect of
on

certified directors

as

correct
cause

by
a

the

auditors of
be

of the company of the the

ca])ital
report,

company.

(v) The
certified forthwitli
as

shall
section

copy to the

statutory
th("

by

this

rerpiircd,to
thereof

filed with

Ilegistrar
company.

after the

sending

members

of the

COMPANIES.

183
list

(vi) The
and

directors

shall

cause

showing

the

names,

tions, descrip-

addresses
held

of shares

by

and the number of the company, of the members them mencement respectively,to be produced at the com-

of the
any

meeting,
of the
any

and

to

remain

open

and

accessible of the

to

members

of the company members

during
company matter

the continuance

meeting.
shall

(vii) The
be at
company, notice has not
or

present

at

the

meeting

libertyto discuss arising out

given
in
or

relatingto the
no

formation

of the

of the not,

statutory report, whether

resolution the from
articles time to notice

previous
notice
has

been

but with

of Avhich
may be

been

given

accordance

passed.
and at any

given with in accordance the articles,either before or subsequently to the adjourned meetmg the former be passed, and meeting, may shall have the same as an originalmeeting. powers provided petition is presented to the Court in manner for winding up the company the ground of default on by in filing the statutory report or in holding the statutory meeting, be w^ound instead of directing that the company the Court may, for the statutory report to be filed or a meeting up, give directions (ix) If
Part
a

(viii)The meeting may adjourn adjourned meeting any resolution

time,
has

of which

been

IV

to

be held,

or

make

such

other

order

as

may to

be just.

(x) The

provisions of
to

this section

as

forwarding
of
a

and

of filing
company.

the statutory report shall not

apply

in the

case

private

(xi) Subject
which makes

the

default

in

provisions complying
(v) shall
of the
the

of sub-section with
be

the

(x), any company section requirements of suba

(i)or

sub-section for every

or

liable to the

fine not

exceeding
and and

fiftydollars
any

day during permits

Avhich

default who

continues,

director

manager
or

company

knowingly

wilfullyauthorizes penalty.
66.
company,

default

shall be liable to the

like

(i) Notwithstanding
the directors of of not
upon less than

anything
a

contained

in

the the

articles of

Convening

of

company

shall, on
of the other
an sums

requisitionof capital of
have
been

meeUnso"n'^^
requisition.

the

holders

one-tenth
or

issued then

share due

the company

which

all calls
to

paid, forthwith meeting of the

(ii)The
shall be

proceed
company.

convene

extraordinary general

requisition shall

signed by

the

the objects of the meeting, and state and deposited at the registered rcquisitionists
and may
or more

office of the comj^any,

consist

of several

documents

in lil^e

form,
within

each

signed by

one

of the
to

rcquisitionists.
cause a

If the directors (iii)

do

not

proceed
the
a

meeting

to be held

twenty-one days from or deposited, the rcquisitionists, the meeting, themselves convene
not

date

requisition being so in value, may majority of them

any

of the

but

meeting
date

so

convened

shall

be held

after three
any

months

from

the

of the

deposit.

(iv) If
at
a

another further

meeting a resolution requiring confirmation passed, the directors shall forthwith convene meeting of considering extraordinary general meeting for the purpose it if of the resolution as and, a thought fit, confirming
at is

such

special resolution.

184 (v) If the

directors

No.
do

20
not

OF

1917.
the of the
in

convene

meetmg value,
section
as

within

seven

passing days from the date of or a majority of them requisitionists, the meeting. convene (vi)Any
as

the

first resolution,
may

the

themselves

meeting

convened
in the
are

under
same

this
manner,

shall be convened that 67.

in which

by the requisitionists nearly as possible,

directors. the articles

meetings
of and

to

be convened
any

by

Provisions

as

to

In default
a

subject to
may

regulationsin by
in
seven manner

meetings
votes.

and

(a)

meeting of a company served in Avriting, on notices are required to

members
may

be called member

days' notice
in

every

which
B
;

be served
a

by
;

Table

A in Schedule

(6)

five

call

meeting
;
one

(c) any

person be chairman may

elected

by

the

members

present

at

meeting

thereof

(d) every
Representation
of companies meetings of other companies of wiiich they
are

member

shall have
is
a

vote.

68.
at

company

resolution
person to

of the
act

members.

company, the same if he

were

and

of another by may, company of its officials or any other any its representative at any as meeting of that other authorized shall be entitled to exercise the person so which

member

directors,authorize

which behalf of the company on powers shareholder of that other individual an resolution
a

he represents
company.

as

Definitions

of

69. has such where

(i)A
members

shall be

an

extraordinary resolution
of not
are

when

it of

extraordinary and special

resolution.

been

passed by
entitled

majority
to vote at
as a

less than

three-fourths
or

i)resent in person
as an

by

proxy,

proxies are specifyingthe intention to propose has been duly given. resolution
A (ii)

allowed,

general meeting
the resolution

of which

notice

extraordinary
it has

resolution
in

shall be the
manner

specialresolution required
;

M'hen

been
ordinary extra-

(a) passed

for the

passing

of

an

resolution

and members entitled when

to vote

(6)

confirmed

by

majority of such
in

or proxies are are by proxy, as present person allowed, at a subsequent general meeting, of which notice

has

been

less than the At (iii) submitted

any to

date

duly given, and held days, nor more of the first meeting.
fourteen at
a

after than

an one

interval

of not from

month,

meeting
lie
a

which

an

extraordinary
chairman

resolution
to

is

])assedor
a

resolution s})ccial of the

is subniitlofl

be

passed
of the

or

conlirmed,
ithout favour

declaration

that

the the

tion resolu-

is carried

shall, unless

fact
in

recorded

pollis demand("d, be conclusive or proof of the number proportion of of or against the resolution.

evidence
votes

is an extraordinary resolution meeting at which is submitted to be passed or a special resolution by three passed or confirmed a poll may be demanded, if demanded entitled the the time articles for to to vote, according being persons unless the articles of the company require a demand by such number not in any of such persons, case exceeding five,as may be specified

(iv) At

any to

submitted

be

in the

articles,

COMPANIES.

185
with this section, in had the
to the

(v) When

computing
number of the

the

in accordance poll is demanded the poll reference majority on to

shall be

of votes
company.

which

each

member

is entitled

by

articles

(vi) For
be deemed the the notice

notice of of this section purposes and the be to meeting to be duly given the is given and meeting held in manner the

meeting shall duly held when provided by

articles,

70. (i) A copy

within
or

fifteen the

from

be, be may record the same.

Where (ii) resolution
to every

extraordinary resolution shall Registration of the specialresolution, tped^r^^" resolutions. of the extraordinary resolution, as the case passing shall to the Registrar, who printed and forwarded
of every days from

specialand

the

confirmation

articles have

been

for the time

copy

being

of every a special registered, copy in or annexed in force shall be embodied after the confirmation of the

of the

articles issued

resolution. Where (iii) articles of

have not

been
in
or

specialresolution
request
may
on

shall be forwarded

registered,a print to any

less
sum as

of copy member
the

every at his

payment

cents, fifty

such

company

direct.

(iv) Any
a

company

which

makes

default

in

copy

of

be

liable
the

specialor extraordinary resolution to a fine not exceeding ten dollars

a

printingor forwarding to the Registrar shall for every day during

in

which

default company
to
a

continues.
which of

(v) Any

makes
or

default

annexing
member
shall be

copy

its articles

when

required by
a

this section

in or embodying in forwarding in print to a of a special resolution, a copy ten dollars

liable to

fine

not

exceeding
of

for each

copy

in

respect of which (vi) Any

default
or

is made. manager
a

director

company

who

kno\^dngly and
in company shall be liable to the

default or by permits any wilfully authorizes complying with the requirements of this section the like penalty as is imposed by this section on that 71. default. shall
where to be
cause are

the

company

for

(i)Every company general meetings and,

directors
or

minutes

of all
or

proceedings

of

Minutes

of

there

directors

managers minute
at

entered

in books

kept

managers, for that purpose,

of its

'o'f"|",eeti
and Jirectom.

(ii)Any such of the meeting

of
the

which

next

purporting to be signed by the chairman man had, or by the chairproceedings were the evidence of shall be succeeding meeting,
if
the

proceedings.
Until (iii)
company
or

the

contrary is proved, meeting of directors or

every

general meeting
in

of the

managers

have been so made proceedings whereof minutes and and all proceedings had thereat held convened, have been duly and all been to have appointments of directors,managers, duly had, shall be deemed to be valid. or liquidators

respect of the to shall be deemed

186

No.

20

OF

1917.

Appointment,
Restrictions
on or

Qualification,
be

etc.,

of

Directors.
a a

72. of
or on a

(i) A

person

shall not
the

capable of being appointed

shall
not

director director

appointment
advertise-

ment of

company

by

articles, and
of
a

be

named

as

proposed
behalf

director

company
or

director.

of the
or on

filed

by

company, behalf of the

in any

in any prospectus issued by or in lieu of prospectus statement

company,

unless, before

the
or

registration
the

of the
the

articles

or

jJubUcation of the
of prospectus,
in
as

prospectus,
the
case

statement
or

in Ueu

may

be, he has

of filing by

himself

by
act

his agent authorized filed with director the the

;

Avriting
consent in

(a) signed and

as

Registrar a
for

writing to
not

such

and
a

(b) either signed

less than the

memorandum

number

of shares

if any, or qualification, signed and in contract Registrar a writing to take

his

filed with

from

the

company

and

pay

for his

shares, if any. qualification

memorandum
to

(ii) On
articles of
list of the

the
a

company who persons

of the applicationfor registration the applicant shall deliver

have

and

the

Registrar a
has
company, not
so

consented
the
name

to be directors person
a

of the

and, if this list contains consented,

hundred the dollars.
section issued

of any applicant shall be liable to

who

fine not

exceeding

five

This (iii) prospectus of

one

shall not

apply
of
at

to
a

by

or

on

behalf

year

from business.

the

date

which

to a nor a private company, after the expiration company the is entitled to company

commence

Qualification
of director.

prejudice to the restrictions imposed by Section is by the regulationsof the company 72, every director required and to hold is not who a specified share qualification, already shall obtain after his his qualification within months two qualified, appointment, or such shorter time as may be fixed by the regulations
who

73.

(i) Without

of the

company. office

(ii)The
director
or

of director
within two such

of

does
within

not

a company months from as

shall be
the date

vacated,
of his
the

if the

ment, appoint-

shorter his

time

may

be fixed

by

of the company, such period

obtain
or

or qualification,

if after the any time

regulations expiration of
to

shorter

time

he

ceases

at

hold

his

qualification. vacating office under person director of the being re-api)()inted his qualification.
A (iii)
of

this section
company

shall

be

incapable
obtained

until he has

(iv) If after the expiration of the said period

or

shorter

time

unqualified person
liable to
a

acts

as

director

of the

company,

he

shall

any be the
on

fine not

dollars exceeding fifty

time expiration of the said period or shorter director. it is that which he acted as a proved
Validity
of acta

for every and

day
the

between
last

day

74.

The

acts

of

director that may

or

manager

shall be

be

valid

notwithin

of directors.

standing any api^ointment

defect
or

afterwards

discovercd

his

qualification,

COMPANIES.

187
at

75. (i) Every containing the directors

or

company
names

shall and

keep
to

addresses send
the

managers,

and

office a register registered the occupations of its Registrar a copy thereof, and
its and its directors
or

List of directors to be sent to

llegistrar.

notify to
shall be

the

Registrar any
is made to the
a

change

among

managers.

(ii)If default
liable which

in

fine

complying witti this section, the company not exceeding fiftydollars for every day
continues
;

during
manager

default
who

and
and

every

director

and
or

of the

company

knowingly

authorizes wilfully

permits

the default

shall be liable to the

like

penalty.

Contracts,
76.

Etc.
may be made
as

(i) Contracts
contract any be by law

on

behalf which

of

company

follows would seal

or

". Form

of

contracts.

(a)

if made
be in

between

private persons
under in may

required to
be

writing, whether
of the
company and company,
;

not,

may the under

manner

made

on

behalf of the
or

writing
in the

common

seal

same

be varied which

discharged
between

(6) any
be
to

contract

if made

to be in reqiiired be made behalf of the therewith, on charged may in writing signed by any person acting under its company the in or same implied, and authority, express may be varied or manner discharged ;

by

law

would private persons the by writing,signed parties

be

(c) any

contract law be

which

if made

between
made

although be writing,may the by any person company or implied, and may in express or discharged. by
reduced
into in

valid

would private persons and not by parol only, made by parol on behalf of its authority, acting under
the
same manner

be varied

made (ii) All contracts according to this section shall be effectual and and all other its successors law, and shall bind the company the their be. administrators executors or as case thereto, parties may

77. been

bill of

made,

exchange accepted, or
endorsed

or

promissory
on name

note

shall be deemed of
on a

to have

biiis of

endorsed

behalf
or

company
or on

if made,
account

promTs^^ry"
"otes.

accepted, or
of, the
78.
any
as

in the any

of, or by

behalf

company A

by

person

acting

under

its

authority.
seal, empower
Execution of iieeds abroad,

by writing under its common company may, either generally or in respect of any person,
attorney,
Federated
on

its the

to

execute

deeds States

on

its behalf

in

Malay
have

attorney,
the company,

behalf and

of the

; and every under and company, effect as if it were the same

matters, specified in any place not situate deed signed by such

his

seal, shall
its
common

bind

under

seal. 79.
action

(i) A
of

company business

whose outside

the

objects require or comprise the trans- Power for if ha"e^officia," Federated Malay States may,
'

authorized

by
be
on

its

articles, have
in the

for

use

in any seal

territory,district, or
an

se;iiforu3e

place
which the

not

situate
a

Federated of the
of the
common name

Malay

States,
of the

official seal,
with

shall

facsimile its face

company,

addition

of every

district, or territory,

place where

it is to be

used.

188

No.

20

OF

1917.

having such an official seal may, by writing under (ii)A company authorize in its common seal, appointed for the purpose person any in situate the Federated not Malay any territory,district, or place
States, to affix the
company The (iii) is
same

to any

deed

or

other

document

to which

the

party

in that

territory,district, or place.

and

any

authority of an}^ such agent shall,as between the company during the period, dealing with the agent, continue person
in the instrument then

if any,
no or

mentioned
is there

conferringthe authority,or
until notice

if

period

mentioned,
of the him.

of the been

revocation to

determination

agent's authority
such
other

has

given

the

person

dealing with
person his hand, on

(iv) The
under

affixingany
the deed
or

official seal shall document

to which
same.

by writing
the seal is

the date and affixed,certify

the place of affixing

to
as

(v) A
affixed
common

deed

or

other
the

document
company

which

an

official seal is been sealed with

duly
the

shall bind

if it had

seal of the

company.

Prospectus.
riling of

80.

(i) Every prospectus issued

to

by

or

on

behalf

of

company

or

prosi)ectus.

in relation

shall, unless
of the

intended company any the contrary be proved, be taken

shall be

dated, and
as

such of

date

the date

tion publicawho

prospectus.
of every
as a

(ii)A
is named
or

copy

such

prospectus, signed by
or

every

person

therein

director

by

his the

agent authorized

with such

Registrar on

or

proposed director of the company, in writing,shall be filed for registration before the date of its publication,and no
a

prospectus shall be issued until

copy

thereof

has

been

so

filed

for

registration.
it is this

The (iii) Registrar shall not registerany prospectus unless thereof required by dated, and the copy signed, in manner

section.

(iv) Every prospectus

been filed for
a

shall

state

on

the

face

of it that

copy

has

as required by registration

this section.
copy

(v) If
the

prospectus
and

is issued

without who

thereof
a

being
party

so

filed,
to the

company, issue of the

person every prospectus, shall be

is

knowingly
a

liable to

fine not issue

exceeding fifty
prospectus

dollars
until
a

for every day from the date is so filed. thereof copy

of the

of the

Specilio rerjuircrnents to particuliirs as

of

81.

(i) Every prosjicctus issued

is

by
or

or

on

behalf

of

company
or

or

prospectus.

by or on behalf of any person who in the formation of the company (a) the
contents

has

been

engaged
with

interested

shall state

of

the

memorandum,
of tlie for
or

the

names,

descriptions,and
number of the shares

addresses subscribed of founders

signatories, and
tiiem
or

the

by

respectively ;
deferred
interest

and

number

management
and
extent

shares, if any, of the holders

company
;

andjthe
in the

nature

of the

property

and

the

profits of

the

190
the
to

No.

20

OF

1917.
business company,
years

ordinary
be carried
into

course on

of the

carried
or

on

or

intended
contract

by
than
;

the two

to

any

entered of the

more

before

the

date

of issue

prospectus
and
;

(l) the (m)

full

names

addresses

of

the

auditors, if any,
extent

of

the

company

particularsof
of every

the

nature in be such

and the

of the

interest, if
or

any, where

director
to of

promotion
the

of,

in

the
or,
a

property
the

proposed
interest
a

acquired by,
a

company,
in

director
and

consists

being
interest

partner
of the
to be

in

firm, the
a or

nature

extent
sums or

of the

firm, with
to him person
as,

statement to the

of all

paid
shares
to

or or

agreed
wise otheror

paid by any qualify him rendered by promotion or

(n) where
than company

firm in cash him

either to induce
a or

become,
for with

to

director,

or

otherwise

services

him

by
is

the

firm

in connection
;

the

formation

of the company

and

the
one

company

class, the
conferred

a having shares of more company right of voting at meetings of the by the several classes of shares

respectively.
For (ii)
to

be

vendor

the purposes who

of this section has

entered

every

into

conditional, for the sale or purchase, or of any property to be acquired bj^the company, (a) the purchase money the prospectus ;
is not
or

person shall be deemed absolute or contract, any for any of purchase, option
in any at the
case

where of issue of

fullypaid
be

date

(b) the
in

purchase
part
out

money of the the

is to

paid
of the
or

or

satisfied

wholly

or

proceeds
;

issue

offered

for subscription

by
(c) the
contract

prospectus
for its

depends
issue.

validity or

fulfilment

on

the

result of such Where (iii)

is to any
on

be taken
"

"vendor" money
"

of the property to be acquired by the company lease, this section shall apply as if the expression included the the lessor, and expression "purchase included the consideration for the lease,and the expression
"

sub-purchaser
(iv)Any
debentures
to

included

sub-lessee.

or

section, or document,

requiring or binding any applicant for shares compliance with any requirement of this affect him with notice of any to contract, purporting referred to in the prospectus, matter not specifically or
waive

condition

shall be void.

(v) Where

any
as a

published
in
or

prospectus as is mentioned advertisement, it shall newspaper

to

such

in this section not be necessary

is

the the

advertisement

specify the
and the

contents

of the of shares

memorandum subscribed for

thereto, signatories
the event
no

number

by

them.

(vi) In
of this

of

non-compliance
or

with

any

section,

director

other

person

requirements responsible for the

of the

COMPANIES.

191
of the

prospectus shall
if he
proves
as

incur

any

by liability
not

reason

non-compliance,
not

that

(a)

regards
thereof
;

any
or

matters

disclosed, he
from honest

was

cognizant
of fact

(") the
on

non-compliance
his part ;
in the event sub-section

arose

an

mistake

provided
contained
incur

that
in

of

non-compliance
no

with
or

the

requirements
person unless

(i)(m)
respect
of

director

other

shall
it be

proved

any that

liabilityin
he had

the

non-compliance
matters
not
a

knowledge
shall not debenture

of the

disclosed,
or

This section (vii) or existingmembers either

or

apply

to

circular

notice
to

inviting
subscribe with but

holders

of

company

for shares the

or

for debentures
renounce

of the
in

company,

whether
persons,

without
as

right to
on or

favour

of other
to any

subject
whether
or

aforesaid, this
with

section

shall

apply

prospectus
a

issued

reference

to the

formation

of

company

subsequently.

The requirements of this section as to the memorandum (viii) interest of directors, the and and the qualification, remuneration, and addresses of directors or proposed directors, descriptions, names, shall and estimated of preliminary expenses, the amount amount or issued than of a prospectus not more one apply in the case year after the date
at

which

the

company

is

entitled

to

commence

business.

(ix)Nothing
which
any person

in

this section
may incur

shall limit
the

or

diminish
or

any

liability

under

general law

this Enactment

apart from
82.

this Section

C.

(i)A
to

reference debentures debentures

which does not issue a company its formation, shall not allot
unless

prospectus
any

on

or

with
or or

obiisations

of

of

its

shares shares

whenno^^ f/g'jfj'jf
"'^"^
'^

before has been

the

first allotment the

person

of

either

there

filed with

Registrar a
who

statement

in

lieu of prospectus signed by every as a director or a proposed director authorized

set out in

is named

therein

writing, in
C shall has

the

form

of the company or by his agent and the containing particulars

in Schedule section which

This (ii)
a

not

apply
any

to

private
or

company

allotted

shares

to or company before the debentures

commencement

of this Enactment.

83. the

terms

shall not previouslyto the statutory company referred of a contract to in the prospectus

meeting
or

vary

Restriction

on

statement

terms""''"^
mentioned in prospectus
statement
or

in lieu of
,"

prospectus,

except

subject

to the

approval of the statutory

.

meetmg. 84.
in or

in lieu of

(i) Where
debentures
lUi

prospectus
"

invites persons
every person

to subscribe
i-Txr who

for shares
director and of

P^^fP,?!;''^"/Liability for
statements in

oi

the

company

at

the

company, time of the the

is

issue of the

prospectus,

p''"^p""'^"^-

person in the

Avho

has

authorized
as a

prospectus
either of the

director
or

naming of. himself and or as having agreed to

an

every is named
a

become

director

immediately
company,

after

interval person

promoter

and

every

of time, and every has authorized who

192
the of
issue

No.
of the who

20

OF

1917.
to pay

prospectus, shall be liable

subscribe for for any the loss shares
or or

compensation
on

to

all persons

debentures which

the faith
may

the

prospectus

damage
statement

they

have

sustained

by

reason

of any

report

or

memorandum
or

incorporated therein
(a) with
be

therein, or in any the face thereof, or by reference appearing on issued therewith, unless it is proved
untrue every untrue statement not

respect
made
on

to

the

authority
or

of

an

expert,
that he the
as

or

purporting to of a j^ublic
reasonable of
case

official document

statement,
did
or

had

ground
allotment

to

believe, and
of the shares the

up

to

time

the
may

debentures,
was

the and

be, believe, that

statement untrue

true

(6) with
of
it

respect
or

to

every
or

statement in
or aa

to purjDorting

be

statement

by

contamed
a

hat

purports
of
was an a or or

to

extract

from

report
the

valuation

copy expert, that

a

be

fairlyrepresented
of that
or or

statement,
from the
person

correct

and
;

fair copy

extract

report
named the

valuation
as

provided
promoter,
if it is that
was

the

director,
who
pay
no

director,
pectus, pros-

person

authorized

issue

of the

shall

be

liable to he had

proved
person

that

compensation as reasonable ground

aforesaid
to believe

the

making
to make every

competent respect
to

the statement, it ; and

statement

report, or valuation

(c) with
what

untrue
an a

purporting
from
a

to

be

statement

made
to

by
be that

purports
of the
;

official person or of extract or copy

it
was or a

contained

in

public

official document, document

or

correct

and

statement

copy

of

or

fair tation representhe from extract

unless

it is

proved
consented
to become
a

(d) that having

he withdrew and that the

director

his consent
was

before without issued

the issue his

of the company of the pros2)ectus,

consent
;
or

it

issued
was on

authority or
his

(e) that

prospectus
and

without
aware

knowledge
it
was

or

consent,
without

gave

reasonable

his

becoming public notice knowledge or consent ;

that

of its issue that

or

he forthwith issued

(/) that

after the issue of the prospectus and before allotment of any untrue ment statethereunder, he, on becoming aware his and consent thereto, therein, withdrew gave reasonable
reason

public

notice

of

the

withdrawal,

and

of

the

therefor. company has issued

a

(ii)Where Enactment,
issues
a

existingbefore

the

commencement

of this

obtaining further
statement

of for the purpose shares or debentures, capitalby subscriptionsfor shares or debentures and
a

prospectus,
or

director he
or

shall not
has

be

therein, unless
has the

authorized

liable in respect of any of the the issue

prospectus,
Where (iii) director

adopted

ratified it. of
a

the name prospectus contains of the company, or as having agreed

person
a

as

to become

director

COMPANIES.

"

193
a

thereof, and
withdrawn
not the

he

has

not

consented the
to

to

become

his consent
or

before

issue

of the

authorized
company,

consented

the

issue

director, or has prospectus, and has thereof, the directors of

or

issue

prospectus was thereof, shall be liable

aforesaid
be made

except any without whose issued, and any other

to

knowledge
person

consent

the

who the

authorized

the

named as person against all damages, costs, and expenses to which he may liable by reason of his name having been inserted in the

indemnify

defending himself against any action proceedings brought against him in respect thereof.
prospectus,
or

in

or

legal

(iv) Every
named his make
in
cases as a

person
or

who
as

director authorized

of his being a director, or by reason of a director,or having agreed to become of the section other the and
this any

having
any

the issue

under payment of contract, from

liable to prospectus, becomes recover contribution, as may

person
same

who,

if sued

separatel}^
not, guilty

would who

have

been

liable to make
so

payment,

unless the person

was

has become

liable was,

that other

person

of fraudulent

misrepresentation.
purposes
' '

(v) For the

' '

of this section
a

Promoter
the
reason

a party to the preparapromoter who was tion of the prospectus or of the portion thereof containing means

untrue

statement

but

does

not

mclude

any

person

by
:

of his
in

engaged
"

capacity for acting in a professional of the company the formation procuring engineer,valuer, accountant, professiongives authority
Allotment, and
to
a

persons

Expert"
person

includes whose

any

other

statement

made

by

him.

85.

(i)No

allotment
to

shall

be

made

of any

share

company conditions

offered

the

public for

unless subscription,
"

the

capital of a Restrictioii following ^" a"ut"ie"t.

articles and

as

have

been

comijlied with

namely

: or

(a) the amount, if any, fixed by the memorandum in the prospectus as named the minimum
upon which amount

subscription
allotment,
or

the directors
is
so

may

proceed
then for

to

(b) if no
has been
so

fixed and

named,

the whole

amount

of the

share

so ca2)ital

offered
sum

subscrijition,
on

amount

subscribed, and the fixed and named,

payable
for the received
named

applicationfor
amount

the
for

or

whole

offered the company.

amount

has been subscription, The (ii) aforesaid otherwise

minimum amount shall than be in
so

paid

to

and
and

in cash and any the

by

fixed

whole
amount

reckoned
and

exclusively of
is in this Enactment

payable
to
"

cash,

referred

as

the

subscription."
amount five per

The (iii) be less than

payable
cent,

on

applicationon
amount not have

each

share

shall

not

of the nominal

of the share.

(iv)If

the

conditions

aforesaid and

been

complied

with

on

hundred the expiration of one of the prospectus, all moneys

twenty
without

received

from

days applicants for

after the first issue

shares such if any

shall forthwith
HI"

be

repaid to them

interest,and,

13

194
money issue and is not
so

No.

20
one

OF

1917.
and

repaid within

hundred

thirtydays

after the

shall be jointly of the prospectus, the directors of the company that money with interest at the rate severallyliable to repay
centum per
;
annum

of five per

from that

the
a

expirationof
director that the

the

one

hundred liable if
not

and
he

thirtieth
proves

day

provided
money
or was

shall not loss

be
was

that

such

lost and

due

to any

misconduct condition

negligence on

his part.

(v) Any
to waive

compliance

requiring or binding any applicant for shares with any requirement of this section shall be
thereof, shall (iii) subsequent to the first allotment subscrii^tion,
first allotment does
no

void.

(vi)This
to

section, except sub-section

of shares the the

not

apply

any

allotment
to

of shares

offered

public
case

for

(vii)In
cash
to

of the
which

of share
any

of

company

not

issue

invitation

cajiital payable in to the public

unless
or

subscribe

for its shares, if any,

in

allotment fixed

shall be made memorandum

in lieu

(a) the amount, and named

the
minimum to

by

the

articles
as

the

statement

of the

prospectus
directors
may

subscrijition \ij)on
allotment,
is
so or

which

proceed (6)
if
no

amount

fixed

and

named,
up

then that

the issued

whole
or

amount

of the

share
as

be issued has the

to

capital other than fullyor partly paid

and
an

agreed
in

to

other^vise

than

cash,

been

subscribed
amount

amount

not

less than
in

nominal and

of each the

share

payable apply
any to

cash

five per cent, of has been paid

received

by
which

company.
not
a

Sub-section (viii)
to
a

shall (vii) has

private
or

company commencement

allotted

shares

or comj^any debentures before

the
Effect of

of this Enactment. allotment of the of the

to an by a company applicant in of Section 85 shall be voidable at provisions within month after the one applicant holding

86.

(i)An

made

irregular
allotment.

contravention the
instance

of the
be
so

statutory meeting
voidable wound
up.

of the

company

and

not

later, and
is in
course

shall of

notwithstanding
of
a

that

the

company

being

Any (ii) permits or

Section the
costs 85 company which

director autliorizes with

and

company

mIio

knowingly

contravenes

or

the

contravention

respect to allotment
the allottee
or

of the provisions of of any shall be liable to compensate any

respectivelyfor
the allottee
may

loss,damages,
have sustained

or or

the

company

incurred

thereby.
to
recover

Proceedings (iii)
not

any

such

loss,damages,
years

or

costs

shall date

be commenced allotment.

after the

expiration of two

from

the

of the
Restriction
coijimenocnieiit
on

87.
any

(i) A

company

shall not unless

to

commence

any

business

or

exercise

of business.

borrowing powers
(a) shares
in

held

subject
than

the been

payment
allotted

of the
to
an

whole
amount

amount not

thereof the

in cash

have

less

whole

the

minimum

subscrijition ;

COMPANIES.

195
has
or

(6) every
each

director of the

of the shares

him, for which

equal
or

to

the
on case

allotment
in

by in cash, a proportion he is liable to pay application and proportion payable on for offered the shares public subscription,
contracted
to

company taken

i^aidto

the

company be taken

on

the

of

company

which to
;

does

not

issue

jirospectus invitingthe
on

public
cash with

subscribe

for its shares,

the

shares

pa5^ablein
filed the

has been (c) there declaration by

the
or

Registrar
one

statutor}^
have

secretary
that and which
to

of the

directors, in

the been

prescribed form, complied with ;

case

the

aforesaid

conditions

(d) in

the been

of the

company

does

not

issue

prosjiectus
has of
in lieu

invitmg

public
with the

subscribe

for its shares, there

a

filed

Registrar

statement

prospectus.

Subject (ii)
of this
commence

the Registrar shall, on (iii) is that the company statutory declaration, certify
to

sub-section

the

filing
to

entitled

business, and
the company
is
so

that

certificate shall be conclusive

evidence

that

entitled. which
for
a

of a company In the case (iii) the public to subscribe inviting not give such a certificate unless has been filed with
contract to

docs

not

issue

prospectus
shall

its shares statement

the

Registrar

in lieu of

prospectus

him. made

(iv)Any
it is entitled

by
the

company

before

the

date

at

which

commence on

busmess
company

shall be

provisionalonly, and
date, and
on

shall not date

be

binding
in

until that

that

it shall become

binding. '^oshall prevent of any shares

on

(v) Nothing

this section allotment

the and

simultaneous debentures debentures.

or

offer the

for subscriptionor receipt of any money

payable
commences

application for
business
or

(vi)If
powers

any company in contravention

exercises
person

borrowing
who
is any

of

this

section,

every

responsible for the contravention other liability, be liable to a fine for every day during which the Nothing (vii)
to
a

shall, without
not

prejudice to
continues.

exceeding apply
to
a

five hundred

dollars

contravention

in this section

shall the

private company,

or

company

registeredbefore

commencement

of this Enactment.

88.
ment

(i)Whenever
the
a

company

limited

by

shares
one

makes month

any

allot-

Return

as

to

of its shares, the

company

shall within

thereafter

allotments.

file with

Registrar
of the of

(a)

return amount
names,

allotments, statmg
the shares
and

the
in

number the the

and

nominal the each

addresses,

the

amount,
;
case

if any,

comprised descriptions of paid or due and

as

allotment,

allottees, and

j)ayable on

share

and of shares than

in

(6) in

the

allotted
a

otherwise

cash,

contract

fully or partly paid up in AVTiting constituting

196
the title of the
contract

No!

20

OF

1917.
allotment

allottee to the

together with

any

of sale, or for services or other consideration in such of which that allotment made, was contracts respect stating the number being duly stamped, and a return and which nominal
amount
are

of shares
as

so

allotted, the
up,

extent

to

they

to be treated

paid

and

the consideration

for which

they

have

been

allotted.

is not mentioned Where such above contract reduced as a (ii) the shall after within month the allotment one writing, company file with the Registrar the prescribed particularsof the contract have been payable if stamped with the same stam]) duty as would the had been reduced those to writing, and contract particulars within the meaning of the instrument shall be deemed to be an Stamp Enactments, 1897, and the Registrar may, as a condition of be filingthe particulars, require that the duty payable thereon of them. or adjudicated under Section 40 of those Enactments any to

If (iii)

default

is made

in

complying

with

the
or

requirements
other

of this the

section, any
company,
a

director, manager,
is

secretary,

officer of

fine not default

knowingly a party to the default shall be liable to dollars for every day during which exceeding five hundred
who continues.
case

the

(iv) In
month the

of default

in any any

with filing document

after the allotment

company,
or

section, the
to

Court

for relief, and

w as

person the Court,

or

the Registrar within one required to be filed by this liable for the default, may apply if satisfied that due make such the
omission
or

to filethe is

document

accidental

to inadvertence
an

that

it

just and equitableto grant relief, may for time of the document for the filing
think proper. Commissions
Power certain commissions and to pay and

order

extending the
the Court
may

period as

Discounts. commission
to any person in

89.

(i)A

company

may

pay

consideration

prohibition of payment of
all other

subscribing or agreeing to subscribe, whether shares in the company, for any or absolutely or conditionally, curing proabsolute or or agreeing to procure subscriptions,whether
shares in the company, if the payment any is authorized and the commission by the articles, of the

of his

commissions,

discounts,

etc.

conditional, for
commission
or

paid agreed

agreed
if the

to

be

paid

does not exceed

rate per cent,

the amount

or

rate

so

authorized,
or

and
to be

amount is
case

or

of the commission

paid
for

paid

(a)

in the

of shares
in the

offered

to

the
or

public

subscription,

disclosed

prosj)ectus ;
not statement

(b) in

the

case

of shares
in in the

offered to the
in lieu

public for subscription, signed

or

disclosed
statement
as a

the
in

prescribed form
lieu of
a

of prospectus, in like
and

or manner

in

statement

prospectus
circular

filed with shares

the
a

Registrar, and,
prospectus,
also

where

notice, not

being
is

for the inviting subscri])tion

in that circular
or

issued,
shares of any

disclosed

notice.

or

Save as aforesaid, no company (ii) either directly or capital money

of its shall api:)ly any indirectlyin payment

198
Before (ii)

No.

20

OF

1917.
may,
at

of the comjjany, expense circumstances the to as

the Court sanctioning any such payment appoint a person to inquire and
of

the

report to it

the

case, to

and

may,

before

making

the

appointment, require the company of the costs of inquiry.

The (iii)
accounts

give securityfor

the payment

which, and

the

rate to

of the comjiany shall show the share at which, interest has been paid out
which

capitalon of cajjital

during

the

period

the

accounts

relate.

Certificates
of for issue of certificates. time Limitation

of

Shares,

etc,

92.

(i)Every

two

of any months

shall Avithin two months company of its shares, debentures, or debenture debenture

after stock

the
and

ment allotwithin

after the

debentures, or
debenture

the certificates of all stock

of the transfer of any such shares, registration stock complete and have ready for delivery shares, the debentures, and the certificates of all
or or

allotted

transferred debenture

unless stock with

the conditions otherwise

of issue

of the shares, debentures, If (ii) default is made and

in

provide.
of this other shall

complying

the

requirements
secretary, or
to the

section, the company officer of the company

be liable to
a

any is who

director,manager,

knowingly

party

default

fine not

exceeding fiftydollars

for every

day during

Avhich

the default

continues.

Information
Eegistration
mortgages
of

as

to

Mortgages, charge
created

Charges,
after the

etc.

93. (i)Every

mortgage

or

ment commence-

and

charges
Federated

in

of this Enactment

by

company

registeredin
purpose of

the

Federated

Malay

States.

Malay
(a)

States
a

and

being
or

either for the

mortgage mortgage
company

charge
;
or

securing any cajjitalof

issue

of debentures

(b) a

or

charge

on

uncalled

share

the

;
or

or

(c) a mortgage
as a

which, if executed

charge created or evidenced by an instrument by an individual, would requireregistration

or

bill of sale ;
or

(d) a mortgage
interest
a mortgage {('.)

charge
;
or

on

any

land, wherever
book debts

situate, or

any

therem
or

charge
on

on

any

of the company
or

or

(/) a
shall, so
is

floating charge
company, far
as

the

undertaking
the

projjerty of the

any

security on
unless

thereby
of the

conferred, be void

creditor

company,

the

mortgage or charge, together Mith mortgage or charge is created or evidenced, are received or by the Registrar for registration in manner
this EnactmenL
In (ii) within
case

taking company's j^ropcrty or underand against the liquidator any the prescribed particularsof the if any, by which the instrument, delivered
to

required by
of its creation.
out

1w
a

cnty-one

claysafter
or

the date

the

of

Federated the

Federated

Malay to Malay States, the delivery

States

charge com])risingsolelyproperty
mortgage
and

created

of

the

situate

outside the

the

receiptby

COMPANIES.

199

Registrar of a copy or charge is created

shall

of the

instrument

by
in

which the

the

mortgage
as

or

evidenced, verified
effect for the instrument

prescribed manner,
the

have

the

same

purposes

of this section

delivery and
after the date

receipt of the
on m

hich

the instrument

and itself, twenty-one days or could, in due course copy

in have been received of post, and if despatched with due diligence, the Federated Malay States, shall be substituted for twenty-one days

after the date within which

to

of the creation the the the but

of the mortgage
instrument

or

charge, as
or

the time
are

particulars and Registrar.

mortgage
or

copy

to

be

delivered

Where (iii)

charge

is created

in

the

Federated

Malay

States, the instrument

Malay comprises property creatingor purporting to create the mortgage be sent for registration or notA\ithstandingthat further charge may the mortgage or charge valid be make to proceedings ma,y necessary the property the of law the effectual to or country in which according
States

outside

the

Federated

is situate.

(iv) Where

negotiable instrument
debts of of
a

has

been the

payment of any book for the purpose

not

company,

given to deposit of
the
as a

secure

the

ment the instrushall

or

securing an
section

advance be

to

company

for the
on

purposes

of this debts.

treated

mortgage

charge
land

those

book

(v) The

holding
a

of debentures
to be
or an

the entitling interest

holder

to

charge

on

shall not

be deemed

in land.

(vi) When
the moneys
no

mortgage

contract

or

thereby obligationfor

secured

this section void under charge becomes shall immediately become payable, but the repayment of such
moneys

shall be

otherwise The (vii)

a

affected.

registerin the

Registrar shall keep, Avith respect to each company, prescribed form of all the mortgages and charges

of this Enactment after the commencement by the company and this section, and shall,on payment under requiringregistration such Avith resjDect of the prescribed fee, enter in the register, to every secured the date the of amount creation, by it, mortgage or charge, the and short particularsof the property mortgaged or charged, entitled to the charge. of the mortgagees or persons names
created

Where (viii) reference

to any

series

of

debentures
any
are

other

instrument,
of that be
series

containing, or giving by charge to the benefit of which

entitled if there

the debenture

holders

jxiri passu
are

is created to
or

by

company,

it shall

sufficient

delivered

received of the
the

by

the

Registrarwithin
of
any

twenty-one
or,

days
is

after the execution

no

deed

containing the charge

debentures

if there of the

such

deed, after

execution

series, the
series ; the

following

particulars : (a) the total

amount

secured

by

the

whole

(6) the

dates and

of

the

resolutions date of the

or

series

the

authorizing covering deed,

defined
;

issue

of

the

if any,

by

which

the

security is created
of the

(c)

general descriptionof the

names

property charged
for the

and

the (f?)

trustees, if any,

debenture

holders,

200

No.
with

20

or

1917.
the

together
such the

the

deed

containing

charge,

or,

if there

is

no

of the series, and of the debentures deed, one shall, on pajnnent of the prescribed fee, enter those

the

Registrar particularsin
in

register.
more

(ix) Where
series, the
omission issued.
to

than
shall

one

issue
to

is made the

of debentures

the

company

send date

registerparticularsof
do

the

and

Registrar for entry in the of each issue, but an amount validity of

discount the

this shall not

affect the

debentures

paid in or indirectly by directly person his of consideration subscribing or agreeing to subscribe, whether for any debentures of the company, or absolutely or conditionally, whether to absolute subscriptions, procure procuring or agreemg conditional, for any such debentures, the particulars or required to this section under shall include be sent for registration particulars
any
or or

(x) Where
made

commission,

allowance,

has

been

either

the comjDany

to any

as

to

the

amount

or

rate

allowance the
any

so paid or made, validityof the debentures debentures as securityfor

per cent, of the but an omission

commission,
that

discount,
the

or

to do this shall not

affect

issued
any

provided
of the
as

deposit of

debt

of this j^ro vision be treated the purposes at a discount.

shall not for company the issue of the debentures

(xi) The Registrar shall give a certificate under his hand of the of registrationof any mortgage or charge registeredin pursuance this section, statingthe amount thereby secured, and the certificate that the requirements of this section as evidence shall be conclusive been have to registration complied w ith.
The (xii)
company

shall under

cause

given registration
or

this section

of every copy be endorsed to on is issued the

certificate
every

of

ture deben-

certificate of debenture

stock which

by

the company,
or

and

the

payment

of which

is secured

by

mortgage

charge so
requiring
mortgage
certificate before

registered. Nothing (xiii)

a or

in sub-section
cause a

company

to
so

certificate be endorsed has

shall be construed (xii) of registration of

on

as

any
or

charge

given
stock
or

to

any

debenture

of debenture the mortgage

which
was

been

issued

by

the

company

charge

created. send
to
or

(xiv) The company the particulars of every

and under
may

shall

the

Registrarfor registration
created

mortgage
debentures

charge
a

by

the company

of the

issues

of

of

series, requiring registration

such person
on

this section, but be effected

on

the

of any registration of application any

mortgage
interested

or

charge
therein.
some

(xv) Where
person
recover

the than

is effected registration the

the

applicationof
shall be

him

such person company, from of any the company the amount the registration. to the Registrar on other

entitled

to

fees

properly paid by

of this section shall be open (xvi)The register kejitin pursuance inspectionby any pc-rson on payment of the prescribed fee, not cents for each ins2)ection. exceeding fifty
to

COMPANIES.

201
a

(xvii)Every company creating any mortgage

section to be

shall
or

cause

copy

of

every

instrument

kept
of

at the
a

that, in the
debenture 94.

case

under this charge requiring registration of the office registered ; provided company series of uniform debentures, a copy of one such

shall be

sufficient.

(i) Every
at

company^

Begistratio..of
secured debts before of this

(a) which
any

the

commencement secured
11

of this
,

Enactment
1

shall

owe
1-1

created the meat

commence-

provisions of had it been registration

of this Enactment
;
or

money the under

by

any

mortgage
93

or

charge
have
commencement

which

Section created

would

required

^"a^tment.

after the

{b) which
any

shall hereafter such

for the
or

first time created

owe

any

money
ment commence-

on

mortgage
months

charge

before

the

of this Enactment shall within

or

three

after the

commencement

of this Enactment has been

incurred

within
as

twenty-one
case

days
be, send

after

the

debt

thereon,
the form of the
or

the

may

to the
or

of particulars contained

every

such

mortgage
D, and
the

in Schedule

Registrar for registration charge in the appropriate Registrar shall,on payment

his

under 93 any Section fee prescribed for registering mortgage charge or any series of debentures, enter those particularson registerof mortgages and charges.
a

Where (ii)
to any

series

of debentures

other

instrument

debenture

holders

of that

any series

containmg charge to the

are

or

giving by
passu

reference the been

in

benefit

of which has

entitled
to the

pari

shall the company registered, the registerparticularsof the debentures the

series.

send date after

Registrar
of the

for entry
issue

and the

amount

of each

of

of the

series

made

date

of registration

The (iii)

neglect of
of
any

the

of this section
or

shall not

to comply with company prejudice the rights under in

the
any

provisions
such
gage mortor

charge
was

person

whose

favour

the

mortgage

charge
95.
receiver

made.
any person

(i) If
or a

obtains of the

an

order of

for the
a

appointment
in

of

Registration

of

such

manager receiver or

property
under
seven

manager

any

or company, contained powers

appoints
any

ofl"e'L^udt

instrument, he shall within

or

days
powers

from

the

date
in the

of the

order

of the

appointment
of the

under

the

contained
the

instrument

give

notice

fact to the

Registrar,and
enter

of the prescribed fee, payment mortgages and charges.

the

fact

Registrar shall, on in the register of

with the

in makes default who complying (ii)Any person requirements of this section shall be liable to a fine not

exceeding

fiftydollars
96. who

for every
receiver

day during
or manager under the

which

the

default

continues. of a company instruin any

Fiiin?

(i) Every
has and

of the
powers

property
contained

been who

appointed
has in taken

recovers and
manatrers.

ment,
while
or

he remains

in every possession, shall, once and also on possession, ceasing to act

half-year
as

receiver

manager,

file with

the

Registrar

an

abstract

in

the

prescribed

202
form

No.
of his receipts and

20

OF

1917. during the period to which ceasing to act as receiver

notice

payments
also
on

the
or

abstract
manager

relates, and
file with

shall

the

Registrar
notice

Registrar charges.
(ii)Any
with the

shall

enter

the

in the

effect, and of register mortgages

to

that

the
and

receiver

or

provisions of
five

who manager this section dollars.

on

makes shall be

default liable

in to

complying
a

fine

not

exceeding
Rectification of recister of mortgagea.

hundred

97.

Judicial the

Commissioner
omission to

being

satisfied

(a) that
the

time

hereinbefore of any
or

misstatement

registera mortgage or charge within required, or that the omission or particularwith respect to any such
accidental, or due
or or

mortgage
or

charge, was
other

to inadvertence

to

some

prejudice the
company
;
or

sufficient cause, position of creditors

is not

of

nature

to

shareholders

of the

(b) that
may,
on on

on

other

grounds
and

it is

just and
seem

equitable to grant relief,

or

the such

application of the
terms

and

comi:)any conditions as

any to

person

interested,
missioner Com-

the for
or

Judicial

just and extended,

be
Entry
of

expedient, order
case

that

the time

be registration misstatement

or,

as

the

may

be, that the omission

rectified.

98. The
that the has

Registrar may,
debt been for which

on

evidence

satisfaction.

any

being given to registered mortgage

that
a

his satisfaction
or

charge

was

given
the
Index to

paid
ith
a

or on

satisfied,order
the and register, thereof.

memorandum

of

satisfaction company

be entered
aa

shall if

required

furnish

copy

99. The

Registrar
and

shall the

register of mortgages and charges.

form
or

with

keep a chronologicalindex, in the prescribed of the mortgage j^rescribed particulars,

him makes under this Enactment.
in

charges registeredwith
100.

Penalties.

Registrar created charge any and of the issues of debentures of a series, requiring by the company, registrationAvith the Registrar under the foregoing provisions of has been effected on this Enactment, then, unless the registration other person, the company, the applicationof some and any director, is other who or knowingly a ])arty to secretary, person manager, the default, shall be liable to a fine not exceeding five hundred which the dollars for every default continues. day during
any company for

(i) If

default

sending
or

to the

the particularsof registration

mortgage

M'hich makes default in Subject as aforesaid, any company (ii) of with the of this Enactment to as rc^quircments complying any with the Registrar of any mortgage or charge created the registration and any director, manager, other officer of the or by the company, who and authorized wilfully or knowingly permitted the company, A\itliout other be liable to to any default, shall, prejudice^ liability, fine thousand dollars. not a (exceedingone authorizes or Any person who knowingly and wilfully (iii) permits of debenture certificate of debenture stock or delivery any the the requiring registration with Registrar under foregoing

the

COMPANIES.

203
a

provisions of
other

this Enactment

mthout
upon

copy

of the

certificate

of

registration being endorsed

be liability,

it, shall, without

prejudice to any
thousand dollars.
Register of '""""'sages.

liable to

fine not

exceeding

one

101. (i) Every limited company shall keep at its registeredoffice all mortgages and charges register of mortgages and enter therem of the in each case specifically affectingproperty giving company, short of the a or descrij^tion charged, the property mortgaged in amount of the mortgage the case of and, or charge, excej)t of the mortgagees or persons securities to bearer, the names entitled
a

thereto.

(ii)Any

director, manager,
and
to

or

other
or

officer of the

company
of

who
any

knowingly
liable to 102.
a

wilfullyauthorizes
be
made in

permits

the

omission

entry required

pursuance

of this dollars.

section

shall

be

fine not

exceeding

five hundred

or creating any mortgage Bight to inspect copies of instruments this Enactment with the gages! charge requiring registration under di^rges, the register of mortgages of ^^'^" kejDt in pursuance Registrar, and times Section to the insj)ection at all reasonable 101, shall be open

(i) The

of any

creditor

or

member

of the
be

company,

without
to

fee,

and

the
any

register of mortgages shall also other person of such on payment

each

inspection,as

the

company said

inspection of fee, not exceeding fiftycents prescribe. may

open

the

for

copies or register is refused, any director or refusing inspection, and any company of the and or knowingly authorizing wilfully manager company permitting the refusal, shall be liable to a fine not exceeding fifty dollars, and a further fine not exceedmg twenty dollars for every to the day during Avhich the refusal continues ; and, in addition in above chambers Judicial Commissioner penalty, any sitting may by order compel an immediate inspection of the copies or register.
officer of the of a company (i) Every register of holders of debentures night of when in closed accordance with the articles during hoM^rs'^to shall, except such period or periods, not exceeding in the whole thirty days in inspect the in the articles, be specified be open to the insjaection any year, as may debenture of the registeredholder of any such debentures, and of any holder {Javlf copies of but subject to such reasonable restrictions general meeting impose, so that at least two and every such appointed for inspection, holder require a copy of the registeror any part thereof on may of twenty-five cents for every hundred words payment one required to be copied.
as

(ii)If inspection of the

103.

of shares the

in the company, in may company hours in each day are

trust

deed.

(ii)A
shall be

copy

of any

trust to

deed

for of

securing any
of any such

issue

of debentures
at

forwarded

every

holder
a

debentures

his

in the case request on payment the trust deed cents, or, where

has
one

twenty-five cents copied.

the company to a further

of

for every

of fifty printed copy of the sum been printed, on not payment hundred words required to be

If inspectionis refused, or (iii) shall be liable to fine not

a

copy

is refused

or

not

forwarded,

dollars, and exceeding fifty exceeding twenty dollars for every day during

fine not

204
which
or

No.
the refusal officer

20

OF

1917.
director, manager, secretary,
or

continues, and
of

every

other

the

company

who

permits

the refusal

shall incur

the like

knowingly penalty.
Charges.
or

authorizes

Debentures
Perpetual
debentures.

and

Floating
in any

104. for

condition

contained

debentures issued
or

in

any

deed
or

securing any only

or on

debentures, whether

executed

before

after the commencement

reason

of this Enactment, the debentures

are

shall not made

be invalid

by
or

that

thereby
on

irredeemable

redeemable

only
the

remote,

equity
Power re-issue redeemed debentures certain
cases.

to

happening of a contingency, however the expiration of a period, however long, any rule of contrary notwithstanding.
the either before has unless
or

to

105.
in

(i) Where
a

after the
any
or

commencement

of this

Enactment

company

redeemed the
or

debentures the conditions

previously
of issue have
so

issued, the

company,

articles
unless

expressly
redeemed

otherwise
in pursuance
an

provide,

the

debentures the

been
to whom

(not being
the redeemed and
power,

of any obligationon company only by the person obligation enforceable debentures

Avere

do

to

issued

or

his had

shall be deemed alive for the

a

always
has

to have

assigns),shall have to keep the power,

such
a

debentures Where (ii) the had

company poAver,

purposes

of re-issue.
to

company

purported
and

exercise

power

shall have
to
or

debentures such and

a

always to the re-issue the debentures either by re-issuing in and their other debentures place, by issuing
power,

shall be deemed

have
same

upon

re-issue

the deemed

person

entitled
to

to

the

debentures
same

shall

have,
and

shall

be

always
the

have
not

had, the

rights
issued. alive

as priorities

if the with

debentures

had of

previously been
debentures
or

Where (iii)
purpose

object
have been that

keeping
before transferred

for the

of re-issue of this
a

they

either

after the
to
a

ment commence-

Enactment from

nominee deemed

of
to

the be
a

company,

transfer

nominee

shall

be

re-issue

for the
a

pur2)oses company time

of this section^ has either before

any
or

(iv)Where
advances
debentures

after the

ment commence-

of this Enactment from

to

deposited
time
on

of its debentures
account
or

to

secure

current
to

otherwise, the

shall not
account

be

deemed

have

been

redeemed
to

by
be
in

reason

only
whilst

of the the

of the

company
so or

debentures
re-issue

remained
a

having ceased deposited.

the

debit

(v) The
in its

of

debenture

issue of another

debenture deemed
or

have
was

place under the power been possessed by, a

before
as or

by

this section whether

given to,
the

or

to

made

after
issue

company, the commencement of be

or a new so

re-issue

issue of

of this for the

Enactment,
purposes

shall be treated

the

debenture treated

stamp

duty, but it shall not provisionlimitingthe amount

(vi) Any
re-issued under
person this

for the

purposes

number
on

of debentures the

of any to be issued.

lending
section

money
a\

liich appears
in

in evidence give the debenture of security without payment

the

security of a debenture be duly stamped may proceedings for enforcing his any duty or any jjenaltyin stamp
to

206
which
any

No.
director
or

20

or

1917.
company
or

officer of such of
one

societyis
enumerated amount

partner,
in

except

upon

securities

of the

classes

section sub-

and (ii),

the

value

of which

exceeds

the

advanced

by thirty per
The (ii)

centum.

securities

referred

to

in

sub-section and

(i)are
Government

"

(a) parliamentary stocks, publicfunds

of the of United

securities Ireland
or or

Kingdom
India
or

of Great
any
;

Britain

and

British

British

Colony
shall be

of

the

Federated

Malay
the

States
on

(6) securities by the

interest

which said

is

or

guaranteed
;

Parliament

of the

United

Kingdom (other
at

(c) titles to immovable

property
or

in the

Federated

Malay
than least the

States

by grant lease) for unexpired

thereon
;
or

in
a

perpetuity
term

by
100

lease
years

mining
shall be advance

whereof time of

at

the

the

making
the for
a

of

(d) freehold
such years of the

leasehold

securities

in

Straits
term

Settlements whereof
100

leasehold

securities

at least shall be

being unexpired
;
or

at the time

of the

making

advance

thereon

(e) debentures, debenture

stock shares

guaranteed

or

preference or
company
on

ordinary
a

stock

or

fixed

or

minimum

of any railway or other dividend rate of interest or Government of the

;

which

is

guaranteed by
or

the

Federated

Malay

States

of any
or

British
or

Colony

(/) debentures
company

debenture

canal, dock, harbour,

or

the

Federated

railway, supply or other of body incorporated by special legislation Settlements the Straits States or or Malay
gas,

rent-charge stock
water,
electric

of any

by Royal

Charter

;
or or

(g) guaranteed or preference stock canal, dock, harbour, gas, water

shall
at

shares other

of

any

railway,
which

company

have

paid
three

dividends
years
;
or

upon

least the

last

ordinary capital for j^recedingthe making of the

its

advance

thereon
or

(h)

debentures

debenture

rent-charge stock
or

of any

canal, dock, harbour,

in the which less than each Federated

gas, water

other
or

shall have

Malay paid a
upon

States

company the Straits

at the

railway, rated incorpoments Settleof not

dividend
its

rate

five per centum of the three years thereon

;

last

ordinary capitalduring preceding the making of the public body, Malay

whereof

advance

{i) stocks, bonds, debentures, or securities of municipality,or local authority in the

States
are or or

any

Federated
revenues

the

Straits

Settlements be.

the

under

the control
as

of the Government
case

of the said States

Settlements,

the

may

A (iii)

list

containing the
the
names

amounts

advanced
or

every

month

under such

this section, and

of the directors

officers to whom

COMPANIES.

207

advances advanced thereof

to the

have which

been have the

shall,on

previously together with the amounts and be shall a copy prepared repaid, first Monday in every succeeding month, be sent
made,
not

been

Registrar.
advances
or are

If (iv)
any
a

made

contrary
thousand

to the jjro visions

or

of this section, be liable to

director

manager
one

of the

company

societyshall

fine not

exceeding
liable

thereto, be
advanced
on

for the

pa3^ment

dollars, and shall, in addition of any portion of the amount

the amount
manager

which
securities

remams

the

unpaid after deducting provided that no director or

this sub-section made if he

realized shall incur

under liability cognizant of advances

any

proves to the

that

he

was

not

bemg
in
or

contrary

provisionsof

this

section.

(v) If default

is made

compliance
manager

with

the

(iii), any
be liable to the
a

director

fine not

which

default
to

exceeding fiftydollars continues ; provided that no

fine under this sub-section made. of the default

of the company for

section provisions of subshall or society day during every

or

director if he

manager

shall be liable
was

proves

that

he

not

cognizant
to

Statement

be

Published
OTHER

by

Banking

and

certain

Companies.

Certain or an being a limited banking company benefit pubfe"'^^* shall, or society deposit,provident, company in in statements it commences before the first Monday business, and also on February and the first Tuesday in August in every year during which it carries on business, make in Form C in Schedule B, or a statement
^

110.

Every (i)

company
or a

insurance

as

near

thereto

as

circumstances shall bear of

a

will admit. certificate

it has

The (ii)

statement

by

an

auditor examined

by
with

the

Chief

Secretary stating that

of
account

been

approved by him
securities

the

books therein

the

company,

that

the that

mentioned

have

been

inspected by
shall be
case

him, and

it is

full,

true, and
A (iii)

complete
copy

statement. statement
as

of the

published
in the

before

the

end in

of
one

September, may in English newspaper circulating is office of the comjDany situate. registered
or

March

the

be,

Gazette, and
State

issue of

an

the

in which

the

(iv) A

place
office

of the statement shall be put copy in the registeredoffice of the company,

or

place where
copy member
a

the

business

of the sent to

in a conspicuous up branch and in every and is carried on company

another

shall be forthwith and of the

every

the

Registrar.
company

(v) Every
entitled
to

creditor
on

of the

shall
a sum

be
not

copy

statement,

payment

of

exceeding twenty-five cents.

(vi) If default
shall
be liable is made
to
a

in

fine not

compljdng with this section the compan}/ day exceeding fiftydollars for every
; and

during which
1

the default
so

continues
to

every

director companies

and

manager
3 of

Section

Repealed 1).

far

as

it relates

fire insurance

(E.

1918,

208
of the
company

No.
who

20

OF

1917. wilfullyauthorizes penalty,

or

knowingly
liable to the

and

permits
carries
or

the default

shall be the

like

(vii)For
on

the

business

businesses

of this Enactment a company purposes with any other insurance in common of insurance shall be deemed to be an company. Inspection
and

that

business

Audit.
more

Investigation
of affairs of

by company inspectors.

(i)The Chief Secretary may appoint one or inspectorsto investigatethe affairs of any company
111. thereon
in such in
manner as

competent
and
to

report

he may

direct,
company

(a)

the
on

case

the

banking application of
a

of

members
;

having a holding

share
not

capital,
than

less

one-third

of the shares of any other of

issued
company

(6) in the
the tenth

case

application
case

members issued
;

having a holding not having

a

share

on capital, one-

less than

of the shares of
a

(c) in the

company less

not

share
in

on capital,

the

application
persons
on

of not

than

one-fifth

number

of the

the

of company's register

members.

application shall be supported by such evidence as the of shewing that the Chief Secretary may require for the purpose for, and are not actuated by malicious applicants have good reason in requiring,the investigation the Chief Secretary motives ; and before appointing an inspector,require the applicants to give may, securityfor payment of the costs of the enquiry.
(ii)The
All officers and agents of (iii) inspectorsall books and documents the company in their oath shall

produce
or

to

the

custody
may

power.

(iv) An
the company

inspector may
in relation

examine
to its

on

the officers and administer

agents of
an

business, and
refuses

oath

accordingly.
(v) Every
document
answer

officer

or

agent who
this

to

which
any
a

under

section

it is his

produce any book or duty to produce,

or

to

liable to

question relatingto the affairs of the company, dollars in respect of each fine not exceeding fifty
the conclusion of the

shall be offence.

(vi) On

report their opinion to the Chief shall be forwarded by the Chief

and a further copy the company, be delivered for the investigation,

written
or

investigationthe inspectors shall Secretary,and a copy of the report Secretary to the registeredoffice of at the request of the applicants shall,
to

them.

The

report shall

be

printed, as
expenses

the Chief of and

Secretary
to

directs.

All (vii)

incidental the

the

defrayed by to be paid by same

authorized
Power comi"any of to

the

applicants, unless
the company,

Chief the

which

investigationshall be Secretary directs the Chief Secretary is hereby appoint inspectors

to

do.

appoint inspectors.

company may its affairs. to investigate

112.

(i) A

by specialresolution

as

of

and duties (ii) Inspectors so appointed shall have the same powers inspectorsappointed by the Chief Secretary, except that, instead reporting to the Chief Secretary, they shall report in such

COMPANIES.

209
company
in

manner

and direct.

to

such

persons

as

the

general meetmg
incur the like

may

Officers (iii)

and

agents of the

company
book

shall
or

case required produce any so produced to inspectors appointed,or to answer any question, had been appointed by as they would have incurred if the inspectors the Chief Secretary.

penalties in
to be

of refusal to

document

113.

copy

Enactment,

of the report of any inspectorsappointed under this Report of afifairs be evidence? whose authenticated by the seal of the company

they
as

have

evidence

in any shall be admissible legalproceeding investigated, in relation to any matter of the opinion of the inspectors in the

contained

report.
at

114. (i)Every company shall appoint an auditor or auditors to generalmeeting. No (ii) the
until person,

each

annual

general meeting
next annual

Appointment

hold

office until the

tlon'or"""'*
auditors.

other

than

auditor retiring

Chief

Secretary
the auditor

under

this company,

Enactment,

actingas

of any

he has been

approved by

the

already approved by shall be capable of other than a privatecompany, Chief Secretary.

annual at an If an (iii) appointment of auditors is not made of any generalmeeting, the Chief Secretary may, on the application of the company for member of the company, appoint an auditor the current to be paid to him by the year, and fix the remuneration company for his services. director
or a

(iv)A
business shall not the

officer of the of

company,
or or

or

partner in

any

with,
be

or

servant

of, a director

capable
other

being appointed
a

officer of the company, of acting as auditor

of

company.
person,

(v) A
of has
send notice

than

bemg
of

appointed
an

auditor

auditor, shall not be capable retiring annual at an general meeting unless

notice

that person to the office of auditor teen not less than fourbeen given by a shareholder to the company shall days before the annual general meeting, and the company
intention to nominate
a

copy

thereof mode

of any such notice to the retiringauditor, and to the shareholders, either by advertisement
less than that been
seven

shall
or

give

in any

other the

annual

not by the articles, general meeting ; provided to nominate

an

allowed

days
notice

before of the

if,after
so

intention
notice

auditor for
a

has

general meetmg
has been
this

is called

date

fourteen
not

given, the notice, though

required by given for the

the
company

provision, shall be deemed thereof, and the notice purposes

required by
notice

instead of being sent or may, this provision, be sent or given at annual

given, an annual days or less after the given within the time been properly to have to be sent or given by given within the time
the
same

time

as

the

of the

general meeting.
of the

(vi) The

first auditors

directors before the statutory office until the first annual removed which
case Ill"

by
14

resolution

of

the shareholders

appointed by the appointed shall hold general meeting, unless previously in general meeting, in the shareholders at that meeting may appoint auditors.
company may

be

meeting, and

if so

210 (vii)The
auditor, but
directors whUe
or

No.
may any such

20
fill any vacancy

OF

1917.
casual
vacancy in

the

office of
tinuing con-

continues
may act.

the

surviving or

auditor The (viii) by the

auditors, if any,
of the
in

remuneration
company

auditors

of

company

shall

be

fixed

to

tion general meeting, except that the remuneraof any auditors apj^ointed before the statutory meeting, fillany casual vacancy, be fixed by the directors. may

or

Poweis duties auditors.

and of

115.

(i)Every

auditor

of and the

company

shall have and and

as

right of

access

at all times and may

to the books

accounts

vouchers

require

from and

directors

of the company, officers of the comjiany be

necessary

such

information of the

explanation
of the
a

may

for

the

performance
The (ii)
accounts

duties

auditors.

auditors examined
in

shall make

rejjortto the shareholders

sheet

on

the

the company

by them, and on every balance general meeting during their tenure

have obtained have all the

laid before the

of office, and

rejDortshall

state

not they or (a) whether explanations which

information and referred exhibit

a

and

they

required ;
balance
up
so

(b) whether,
the and

in

their
is

report
correct

the oj)inion, jjroperlydrawn of the best

to

sheet
as

to

in

to

true

view

state

of

the

company's
and the

affairs the of

according to the explanations given

the The (iii)
two

of

their
as

information shewn

them, and

by

books

company. sheet shall be

balance

signed

on

behalf

of the

Board

by

by

of the dii-ectors of the company that director, and the auditors'

director, or, if there is only one to the report shall be attached

at

balance sheet
company
a

sheet,
reference
in

or

there
to the

shall be

inserted

the

foot

of the

balance

report, and
and

general meeting,
shareholder
a

the report shall be read before the shall be open to insj)ection by any

shareholder.

(iv) Any
directors

shall of the

be

entitled sheet

to

be

furnished

by
words.

the
a

with

copy

balance

and

auditors' hundred
not

rej)ortat

charge

not any

exceeding twenty-five cents

copy

for every which has

or

(v) If
copy

of

balance
is is

required by
of
a

this section sheet

issued, circulated,
auditors'

balance

signed as published, or if any issued, circulated, or published Avithout

report attached
is

sheet

been

either

having a containing such

coj)y reference
every is who

of the

thereto

or

to that rej)ort as

required by

this section,

the company, of the company liable to

Rights
of a

and

director,manager,
a

fine not

knowingly exceeding five

secretary, or other officer party to the default, shall be

dollars. of
a

hundred

116.

(i) Holders
the
same

of

preference shareholders, etc., as to receipt and inspection of reports, etc.

shall have of the

as

preferenceshares and debentures right to receive and insjiectthe

the

company

balance other

sheets

company

and

reports of the
of

auditors

and
in the

reports

is

possessed by
section

the holders shall not

ordinary
to
a

shares

company.
nor

This (ii)

apply
the

private

company,

to

company

registeredbefore

commencement

of this Enactment.

COMPANIES.

211

Carrying

on

Business Minimum

with of

Less Members.

than

the

Legal

117. of any
more

If at

any
case

time of
a

the

number

of members below

of

reduced,
than
is
a

in the

private company,
below
seven,

two,
on

company or, in the

is
case

Prohibition

of
on

carrying
business fewer
seven

with
in
a

other member

company,

and
is

it carries
so

business

for

tlian
or

the

six months

while

the number

reduced,

who

business

of the company after such six months,

business
case

during the time that and is cognizant of the

than
two

every person it so carries on

case

of

inivate
two

company members.

fact that
seven

it is

carrying on
as

with

fewer

members,

or

bers, mem-

the

may

be, shall be severallyliable for the payment

company,

of

the
may

whole

debts

of the

contracted

during

that

time, and
other

be sued

for the same,

without

joinder in

the action

of any

member. Service 118.

A

and

Authentication be served
on a

of

Documents.

document

may to the
or

company

by leaving it
authentication
or

at or

Service

of

sending it by post
119. A document be

registeredoffice

of the company.

company.

may company officer of the company,

proceeding requiring signed by a director,secretary,

and need
not

by

Authentication
" "''""

other
common

authorized seal.

be under

its

Tables 120.

and

Forms. E
or

(i)The
refer. Chief

forms admit

in

Schedule be used

forms

as

near

thereto which

as

Applicationand

circumstances

shall

in

all matters

to

those

tabTes^ami"
forms.

forms

(ii)The
Schedule
to the

Secretary may
that he does such
not

alter any
increase

of the tables and the amount and may of fees alter

forms

in

B,
in

so

payable
add
to

Registrar in
such

schedule E.
or

mentioned,

or

the

forms

Schedule table

Any (iii)
the

form, when
shall
;

altered, shall be published

the
no same

in

Gazette, and
m one

thenceforth of the

have but

force

as

if it

were

included Chief

schedules

alteration

made

by
company,

the

B shall affect any Secretary in Table A in Schedule before the alteration, or as registered rej)eal, respects that of that table. portion any

company

Arbitrations. 121.
to

(i) A
and

companj'' may

may

by writing under
to

its

common

refer

refer

arbitration any the the other

any company

existing
or

or

seal agree future

Arbitrations between

companies
and others.

difference

between

itself and

person.

(ii)Companies
person any
or

parties to
to

arbitration reference

terms
or

persons to or

whom

may is made

delegate
power to

to

the

settle

determine

settled directors

determined
or

other

matter capable of being lawfully any by the companies themselves, or by their managing body.

The (iii)

deemed
persons

to
as

provisions of this Part apply to arbitrations, between companies ;

relatingto
as

arbitrations

shall be
and

well in

between the

companies

and

construction

of those

212

No.
"

20

OF

1917.
''

provisionsthe expression
to
Power
or

comj)anies

shall include

person

party

any

such

arbitration.

to alter for

122.
their

revoke

atjreements reference.

The but not otherwise, by writing under companies jointly, add seals, may to, alter, or revoke respective common any

agreement

lor reference
into
or

in accordance the

with

this Enactment
or

fore theretothe

entered

between

companies,
in
or

any

of

terms,

conditions,
Agreements
to carried effect. to into

stipulationsthereof.
reference
so or as

123.

Every

agreement
it is revoked the

accordance modified and

with

this

Enactment,
with this

except
Enactment,
into

far

in accordance may

shall bind

companies,
the reference

and

shall

be
Reference
a

carried 124.

full effect. the

to a

Where

companies

agree

shall be made

to

sini^Ie

arbitrator.

singlearbitrator.
125. made the companies Exce]3t where to a single arbitrator, the
:

Reference two
or more

to

be

agree that reference

the

reference
be

shall
as

shall

made

arfiitrators.

follows

(a) where
to

there
two

are

two

companies
;
or more

the

reference

shall be made

arbitrators
are

(b) where
be
Appointment
arbitrators of

there made

three
so

comj)anies the
as

reference

shall

to

many
to

arbitrators be
two
or

there

are

companies.
every

126. company

Where shall

there

are

more

arbitrators,

by

companies.

by

writing under
shall

its

common

seal

aj^pointone
to the

of the other

arbitrators, and
company
Appointment
arbitrators Cliief of or

give companies.
there fails to
are

notice

in

writing

thereof

127. of the

(i) Where

to

be
an

two

or

more

arbitrators, if
within

any

by Secretary.

fourteen companies appoint days after being thereunto in the other or requested writing by company, by the other companies or any of them, then, on the applicationof the companies or any of them, the Chief Secretary, instead of the to so arbitrator, may failing appoint an appoint an comjiany arbitrator. The (ii) Enactment arbitrator
be
so

arbitrator

deemed the

to

appointed shall for be appointed by the

is made
to
or

the

purjjoses
so

of this

company
more

failing.

Appointment
of arbitrators to

128.

Where

reference referred

to
are

two

or

arbitrators, if
arbitrator any consecutive days

by companies supply

])efore the

matters

them

determined for
seven

dies,
shall

or

becomes
as

incapable
its

unfit, or
seal

vacancies.

fails to act

arbitrator, the company

common

by writing under place.

by which appoint

he
an

was

appointed
in his

arbitrator

Appointment
arbitrators Cliief

of

by Secretary

129. (i) Where the company api)ointed in the jilaceof

by
the

which

an so

arbitrator

ought

to

be

arbitrator the

deceased, incapable,
within the

to fill vacancies.

to act, fails to make unfit, or failing

days

being thereunto requested or by the other companies or application of the com]ianies or any arbitrator. an ai)i)oint may
(ii)The
Enactment arbitrator be deemed
so

after

in

appointment writing by

fourteen
pany, com-

other

the of them, then, on any of them, the Chief Secretary

to

appointed shall for be app(jintedby the

the

purposes
so

of this

comjiany

failing.

214
the

No.

20

or

1917.
or

the arbitrator companies respectively, fit shall think to so proceed. umpire 140.

the

arbitrators

or

the

Several may be

awards made.

(i) The
each

arbitrator

and

the

arbitrators

and

the of

umpire
several award

respectively may,
awards,
on

if he

and

they

think respectively

make fit,
one

all the

on part of the referred. matters

matters

referred, instead

(ii)Every such
as

award

shall

be

stated

in the

been
no

time

may

in the specified for any time having been so specified, be legallyentitled to fix, be binding as it

shall for such time part of the matters the award, same being such as shall have for of arbitration, or in the event agreement
on

which to

the

arbitrator matters to

all the

which
matters
or

awarded extends, and as if the matters on were referred, and that notwithstanding that the other be not award
in then
or

all the
matters

any

of them

thereafter
or

awarded of the
their

on.

Awards
in

made time
to

141. the

(i) The

of the

arbitrator,
his

arbitrators, or

of

due

bind

all parties.

or umpire, writing under respective hand or hands, and ready to be delivered to the companies within such time the companies agree on, or, failing such as agreement, within thirty in difference referred to, as the case are days next after the matters be, the arbitrator, or the arbitrators, or the umpire, shall be may binding and conclusive on all the companies.

if made

(ii)Except umpire, from

the and

where time to

and
time

as

the companies by writing under

is to be

otherwise
his

hand,
;

the agree, extend may if it be made

as

period within ready to be

and No

which

his award within if made

made

and

delivered
as

the

extended the

time, it shall be

valid
Awards be not to for

effectual award

within

prescribed period.
this

142.

set aside

informality.
Awards to be

Enactment 143.

made in accordance with on any arbitration shall be set aside for irregularity or informality.
so

Except only
with

far

as

the

companies
from

bound
to

by
time

any

award

obeyed.

in accordance

this

Enactment

time

otherwise

all things by every award in accordance with this Enactment agree, lawfully required to be done, omitted, or suffered, shall be done, omitted, or suffered accordingly.
Agreements, arbitrations,
and awards to have effect.

144.

Full effect shall be

and

given by
to

the Court

and

by

the

companies

and respectively,

awards

tions, all agreements, references, arbitraotherwise, in accordance with this Enactment and the ;

the thereof where thinks Court performance or observance may, be compelled by the fit, against companies respectively any process their respective property that the Court or shall direct.
Costs award. of and

145.
costs

arbitration

of and

and Except where attending the of the

as

the

companies
and the

otherwise

arbitration

the award

the agree, be shall in the the

discretion

arbitrator, and

arbitrators, and

umpire

respectively.
Payment
costs. of

146. and and

so

Except
far
as

where
award

and

as

the
not

companies
otherwise

otherwise

agree,
the

and

if of

the

docs

determine,

costs

and shall be borne attending the arbitration and the award paid by the companies in equal shares, and in other respects the companies shall bear their own respective costs.

COMPANIES.

215
the and

147.
to any

On
such

the

application of
may be

arbitration

party interested any be filed in the Court

with any

submission
an

Submission

to

order
the

of

arbitration
may

be

filed in

reference thinks
so

may

made

thereon,

directions Procedure
every such

Court

Court.

fit ;
as

and
same

the

far ail

the

are

provisions of the Civil applicable,apply to

Code

shall,

order, and

to

proceedings

thereunder.

Power 148.
a

to

Compromise.
or Power to

(i) Where
and

compromise
or

company

its creditors

and its members company the applicationin a summary member of the company, or

arrangement is proposed between class of them, or between the or any class the Court of them, on any may,
company
case or

wiufprnlitors
^nd members.

waj'' of the
or,

of any

creditor

in

the
a

of

wound
class

up,

of the

liquidator,order
of the
may members

meeting
of the

being company of the creditors or

a or

of creditors, or
as

members,
the Coiirt
a

the

case

be, to be summoned

company in such

class

of
as

manner

directs.

(ii)If
of the
as

majority
or

in

number

representing three-fourths
members
in person the
or or or

in

value

creditors
case

class of creditors,or

class of members,

the

may to

be, present either

any

by
the be

proxy

at

the

meeting,
or

agree

compromise

or

arrangement,
Court,
on

compromise
on

arrangement
creditors
or

shall,if sanctioned
the

by

binding
or

all class

the

class of creditors,

the

members

case

of members, the case as be, and also on the company may of a company of being wound in the course up, on the and contributories
In (iii)

or,

in the

liquidator

of the
the

company.

this

section

expression
up

"

"

company

means

any

company

liable to

be

wound

under

this Enactment.

Private 149.
"

Company. of this
Enactment which its shares

(i) For

the
"

purposes
means a

the

expression

Meaning

ot

private company
(a)
restricts the in the

company

by

its articles

company."

right to

transfer

; and

(6) limits
are

number the

of its members

who,

employment of the having been formerly in

were,

who (exclusiveof persons and of persons company, the of the employment

company, continued to

while the

in

such

employment,
of
to such

and

have

after

determination

employment
and for any

be, members

of the
invitation

company)
to

fifty ;
to

(c) prohibits any

shares
or

the

public

subscribe

debentures
is made in

of the

company.
companies.

complying with any of the provisions in the articles which, by are (i), required to be included the company of a company in order to constitute a private company, the the shall be entitled to to cease privileges and company the on exemptions conferred provisions private companies under of Section 29 (iii), 116 and of Sections 117, and of paragraph (d) of Section 156, and thereupon the said provisions shall aj^plyto the if it not a private company. as were company
(ii)Where
default
sub-section

216
If (iii) conditions
sufficient to the
was

No.
Court

20

OF

1917.
the

is satisfied
or on on

that
to

faikire to
is

comply
or

with

the other

accidental
or

due
other

inadvertence
the

to

some

cause,

that may,

it grant relief,

the
on

grounds it of ai^plication
such
terms

just

and

equitable
or as

company

any
seem

person to the Court from such

other

interested

and

and

conditions

just and expedient, order

consequences
as

that

the company

be relieved

aforesaid. shall
to

(iv) Every
members

private
summary
a

company

send be

with
sent

the under

annual

list of
29
a

and

required
director of the of the
or

Section
the
case

certificate
has

signed by
the the

the

secretary that
or

comj^any

not, since
since invitation company the number
so

date

last return,
subscribe the

in

the

of

first

return any

date

incorporation of the

company,

issued

to the
;

public to
where

of the that

and,

for any shares or debentures list of members discloses the fact exceeds also fifty, company consists wholly of persons be excluded
in
a

of members

of the
such
excess

certificate who number under of

signed

that

sub-section

(i) are

to

reckoning

the

fifty.
company
or

(v) A
the

private
the

may,

subject

to
a

memorandum

articles,by passing
would if

anything contained special resolution

in lieu have

in

and

with by filing
as

the

company,

if a

Registrar such a public company,

shares
as or

statement

had

of j^rospectus to file before

such would
a a

allotting any
have

of its

debentures,
a

statutory declaration
had
to

the

comj^any,

together with public company,

file before

commencing
more

business, convert

itself into

public
a

company. two
or

(vi) Where
company treated as

persons

hold the

one

or

more

shares

in

jointly, they shall, for a singlemember.

PART WINDING-UP.

purposes

of this section, be

IV.

Preliminary.
Modes o"

150.

(i) The
the

winding-up
Court
;
or

of

company

may

be

either

winding-up.

(a) by

(6) voluntary
(c)

subject to the
the any

supervision of

the

Court.

(ii)The
company

provisions of this Enactment

contrary
of those
appears, in

shall, unless

Avith respect to winding-up aj^ply to the winding-up of a

modes. CONTRIBUTORIES
.

Liabilities

as

151.

(i) In
and

the

event member to

of

company the of of

being
to

wound

up,

oontributories of present and

present
an

past
liable

shall, subject
to

the

provisions of
of the and
company liabilities and for

every this to

past members.

section, be
amount the

contribute

assets

sufficient for of the

payment

its debts the

and
the

costs, charges, and

with

contributories adjustment the qualifications : following

expenses rights of the

winding-up,
among

themselves,

COMPANIES.

217
liable to
one

(a)

past member
ceased
to be
a

shall member

not

be

contribute
or

if he before

has the

for

year
;

upwards

commencement
a past {/")

of the shall not member

not

winding-up
be liable

member

to

contribute

in

respect
after

debt or of any he ceased to be

of liability
a

the
;

company

contracted

(c) a

past member

shall

be

liable

to

contribute

unless
are

it

that the existing members to the Court apjjears the contributions to satisfy required to be made
in pursuance

unable

by

them

of this Enactment of
a

(d)

in the

case

company

limited

by

shares

no

contribution the amount,

which

shall be
if any,
as

required from unpaid on the

a

any member shares in

exceeding
respect of
;

he

is

liable

present
a

or

past member
limited

(c)

in the

tion by guarantee, no contribumember shall be required from exceeding the any undertaken to be contributed amount by him to the assets in the event of its being wound of the company up ;
case

of

company

(/)nothing

in

this
in

Enactment
any

shall

invalidate

contained

whereby
or

the

contract
are

or policy of insurance members of individual liability is restricted, or whereby the

any other
on

provision
contract

the

policy
of
the

funds

company contract or

alone
;

made

liable in

respect of the

policy

(g)

sum

due
a

to

any

member
way in

of

member,
be

by
deemed

in his character of a company, of dividends, profits, or otherwise,

a

shall not
to that any

to be
a case

debt

of the company,
between

payable
himself

member other
sum

of
a

competition
member

and
any the among

creditor
may

not

such
final

be taken

into

of the company ; but of for the purpose account the contributories

adjustment
of
a

of the

rights of
company,

themselves.

(ii)In

the

winding-up

limited

any

director

or

manager, of this Enactment, and

whether

pursuance past or (iv), unlimited, shall,subjectto sub-sections (iii),

to

present, whose

is,in liability

if any, to his liability, (v), in addition make further be liable to a member, ordinary
were

contribute
as

as

an

contribution
a

if he of
an

at

the

commencement

of

the

winding-up

member

unlimited

company.
or

A past director (iii)

further

contribution before
the

if

shall not be manager he has ceased to hold of the shall not

any debt office.
or

liable to make
office

such
or

for

year

upwards
further

commencement
or

winding-up.
be liable to make of liability such the company

(iv) A past director

contribution
in

manager

respect of
to

contracted

after he ceased

hold

(v) Subject to the articles of the

shall not
deems be liable to make such

or a director manager company, unless the Court further contribution

the

it necessary to require that contribution and the debts and liabilities of the company,

in

order

to

satisfy

costs, charges,and

expenses

of the

winding-up.

218 (vi) In
which has the
a

No.

20

OF

1917.
limited of the

share

winding-up of a capital, every

to

company

by

guarantee
shall be

member undertaken

company

liable,in addition
him
to to the assets

the

amount

to be contributed

by
up,

contribute him. 152. The

in the event of its of the company the of to extent sums unpaid on any

being wound
any

shares

held

by
Definition
"

of

term

"

contributory
of
a

"

means

contribu-

tory."

contribute
up,

to the assets in all

company

every in the event

person

liable

to

of its
in
are a

and,

proceedings
any
a

for

determining
of the persons

and who be

being wound all proceedings

to be deemed

prior to the

final determination

contributories, includes
Nature of

person

alleged to

contributory.

153.
due at

The him

of liability
at the time

of liability contributory.

from the

times

when
a

calls

contributory shall create a debt accruing but payable when his liability commenced, made for enforcing the liability. are
either before
or

Contributories in
case

154.

(i)If
on

contributory dies
list
a

after he

has

been
to the

of deatii

of member.

placed
assets

the

of due

contributories, his personal representatives

course

shall be liable in of the contributories If (ii) the

of administration

to contribute

company

in

discharge

of his

and liability

shall

be

accordingly.
any for

make default in paying personal rejDresentatives be taken be to them, paid by proceedings may money administering the estate of the deceased contributory and thereout of the due. compellmg payment money ordered
Contributories in
case

of

155. before
of

If
or

contributory
been Official

becomes

bankrupt
on

or

insolvent, either

of

or

bankruptcy insolvency
member.

after he has

placed
in
as

the list of contributories,

or

(a) the

Assignee

bankruptcy
the
case

the

receiver and called

of the shall be
on

insolvent's him
a

property,

may

be, shall represent

be to
or

for all the

purposes

of the

winding-up,
may

contributory accordingly, admit to proof against the

insolvent,
assets
or

and
estate

of
be

the

otherwise
course

to

allow

to

bankrupt paid out of

his

in

due
or

bankrupt
to

insolvent

due from of law, any the money in respect of his liability to contribute
;

the assets be

of the comj)any

and
estate

(b) there

may insolvent calls

as

proved against the

estimated calls value
as

of the

the well

of

his

bankrupt or to future liability

already made.
by

Winding-up
Circumstances in which company be wounil may up

Court.

156.

company
company

may

be wound has

up

by

the

Court resolved that the

(a)

if the

by

Court.

company

be wound
is made in

by special resolution ; or up by the Court

{h) if default
the

the statutory report filing

;
or

or

in

holding

statutory meeting
company

(c) if the
year
a

does
its
;

not

commence

its

business

within

from

incorporation,or
or

suspends

its business

for

whole

year

COMPANIES.

219 reduced,
case

(d) if the

number

of members below

is

in the

case

of

private

company,

two, or, in the

or

of any

other

company,

below

seven

(e) if the

company

is unable is of

to pay

its debts
it is up,

or

(/)if

the

Court

opinion
be

that wound

just and

equitable that

the company

should

157. A company

shall be deemed

to bo
or sum on

unable

to j)ay to

its debts

Company
deemed

when unable

(a) if

creditor, by
then
at

assignment
in
a

otherwise,

whom

the

to pay

its debts.

company

is indebted

exceeding
the
company,

five

hundred

dollars the
hand the
same

due, has served

its company

by leaving
under
so

registered office, a
to pay

demand the
sum

his and

requu'ing the

due,

thereafter has for three weeks neglected to company for it to the to or or secure compound sum, j)ay the satisfaction of the creditor ; or reasonable

(6) if

execution
or

or

other

process

issued of
or a

on

judgment, decree,
of the company
or

of any Court in favour is returned unsatisfied in whole order

creditor

in

part

(c) if

it is

proved
is
a

to the to

satisfaction
its pay is unable

of the

Court

that
in

the

com-

jiany
whether shall

unable

debts,
to pay

and,
its

determining prospective

take

company into account

debts, the Court

and

the

contingent

liabilities of the company.

Provisions to (i)An applicationof the Court for a winding-up of a company the of this to ^Pindi^g-up! subject by petition,presented provisions section either by the company, or by any creditor or creditors, contingent or including any prospective creditor or creditors, contributory or contributories, or by all or any of those parties, together or separately.

158.

as

shall

be

"^

(ii)A contributory shall

not

be entitled

to

present
in
case

petitionfor
case

winding-up

company

unless of members below

seven

(a) either the number private company,

company,

is reduced,
or,

the

of

two,
;
or

in the

of any

other

below
in

(b) the

he is a contributory,or some originallyallotted to him or have for at been held by him, and registered in his name, before the least six months during the eighteen months devolved of the winding-up, or have commencement on holder. of a former him through the death
shares

respect of which
were

of them,

either

in

the ground of default A petition for winding-up a company on (iii) the in the or holding meeting shall statutory statutory report filing before the not be presented by any a shareholder, nor except person which last the after the of fourteen on meeting day days expiration

ought

to have

been

held.

(iv) The
a

Court

company

security for

give a hearing to a petitionfor winding-up by a contingent or prospective creditor until such costs has been given as the Court thinks reasonable, and
shall not

220
until

No.
a

20

OF

1917.
has been established
to the

pri?ndfacie case
of the Court.
a

for

winding-up

satisfaction

voluntarily or subject being wound up be presented by any person authorized to sujiervision, a petition may under in that behalf the other provisions of this section, but the the petitionunless it is Court shall not make a winding-up order on satisfied that the voluntary winding-up or winding-up subject to with due be continued regard to the interest of supervision cannot
(v) Where
company is

the creditors
Effect onler. of

or

contributories. for

159.

An

order the

winding-up
of all the
a

wiiidiri'^-up

of all the creditors made

on

and

shall operate in favour a company contributories if of the company as creditor and of

a

jointpetitionof
of
a

contributory,
to

Commencement of

160.
commence

winding-up
at

company

winding-up
Court.

by

the

time

of the

by the Court shall be deemed presentation of the petition for

the

winding-up.
Power
or

to

stay

161.
up,

At

any

time
a

after the

presentation of
order has been

petitionfor windingmade,

restrain

proceedings
against
company.

the company, winding-up action where or or contributory,may, proceeding any any is jiending,aj)plyto the Court for a stay of against the company further or proceedings or to restrain proceedings in the action the and the Court be, stay or restrain case as j)roceedings, may, may it thinks fit. the proceedings accordingly on such terms as creditor
or

and

before

Powers Court
on

of or

162.

(i)On
or

hearing petition.

without

costs,

dismiss hearing the petition the Court may or adjourn the hearing conditionally or the
any Court interim

it with
ditionally, uncon-

make

order,
the
assets

or

any to

other make

order
a

that

it

deems order
on

just, but
the
or

shall not that

an

refuse

winding-up
have been of those

mortgaged
assets,
or

ground only charged to

the company

of the company
to
or

amount

equal
assets.

in

excess

that

has

no

Where the petition is presented on the ground of default in (ii) the statutory report or in holding the statutory meeting, the filing Court order the costs to be paid by any who, in the may person of the for the default. Court, are opinion responsible
Actions

163.
on

stayed
order.

winding-up

jDroceeding shall
company the as

winding-up order has be proceeded with or except by leave of the Court, Court may impose.
a

When

been and

made,

no

action

or

commenced

against
such

the

subject to

terms

Copy
order

of

164.

On

the

making

of

to be forwarded
to

shall forthwith shall make 165.

on a

be forwarded thereof
may at

Registrar.

minute Court

winding-up order, a copy of the order to the Registrar, ^ho by the company in his books the to relating company.
time after

Power Court

of to

The

stay winding-up.

the

applicationof
of the
to

any

the

satisfaction
either

winding-up ought
conditions
Court have may regard wishes of
or

order for A\inding-up, an contributory,and on proof to Court that all proceedings in relation to the be stayed, make order staying the proan ceedings,
any

creditor

or

altog("thoror
Court may,

for

limited

time,

on

such

terms

and

as

the

thinks
as

lit. all matters creditors

166.
to

The

Court

to

relatingto
or

have
to it

creditors

i^jntributories.

regard to the wishes of the by any sufficient evidence.

contributories

Minding-up, as proved

222
Beport by
official receiver.

No.

20
has

OF

1917.

169.

(i)Where
of the

official receiver

a order, the wmding-up ment practicableafter receiptof the statecompany's affahs, submit a preliminary report to the

the

Court
soon

made

shall,as

as

Court

(a)

as

to

the the

amount

of

capitalissued, subscribed,
amount

and

paid

and

estimated has

of assets
to

and
causes

liabilities ; of the

up and

(b) if

the
and

comj)any

failed, as
further
the

the

failure ;

(c) whether
any

in
matter

his

opinion relatingto
or

enquiry
of the

is

desirable
or

as

to

jDromotion, formation,
business

failure

of the

comjpany

the

conduct

thereof.
a

make (ii)The official receiver may also, if he thinks fit, the in which report, or further reports, stating the manner
was

further

company

formed
any

and

whether in its

by

person

in his opinion any fraud has been promotion or formation, or by any in relation
to

committed director
since
or

other

officer of the

company the

the

formation desirable

thereof, and
to

bring to

other matters which any notice of the Court.

company in his

the it is

opinion

Liquidators.
Appointment,
remuneration,
and title of

170. up Court
a

(i) For
may

comjjany

liquidators.

of conducting the proceedings in windingperforming such duties in reference thereto as the or impose, the Court may appomt a liquidator liquidators. purpose and Court
may

the

(ii)The
any time
an

make

such

an a

after the for

of

order

presentation of winding-up.

ajDpointment provisionallyat petitionand before the making

before other the

If a provisionalliquidatoris appointed (iii) winding-uj) order, the official receiver or any be appointed.
a

making
may

of

fit person

(iv) On

winding-up
as

order become

by
and

virtue

of his office
to act such

continue is

until

he

the official receiver shall being made the provisionalliquidator and shall another or liquidator person becomes

capable
a

of

acting as
be

such.

(v) When
notified
his

liquidatorhe

appointed capable acting as liquidatoruntil he has and appointment to the R("gistrar given securityin the
person receiver

other

than

the

official

is

shall not

of

prescribedmanner
(vi) If
Court authorized
one or more more

to the than
one

satisfaction

of tlie official receiver. the

shall

liquidatoris appointed by declare whether act by this Enactment any is to be done to be done by the lifiuidator of the persons appointed.
may

Court, the

required or by all or any

on cause

(vii)A liquidatorappointed by the Court shewn, be removed by the Court. (viii)A

Court shall

resign or,

in the office of a liquidator appointed by the vacancy shall be filled by the Court. Until so filled the official receiver virtue
a

by

of his office be the

other than person shall receive such
as

liquidator.
the

(ix) Where
he liquidator,

official receiver remuneration

is

salary or
may

appointed of by way
more

percentage

or

otherwise

the Court

direct ; and, if

such

COMPANIES.

223
shall dkects.

l^ersoiis than

one

are

be distributed

among

their remuneration appointed liquidators, in such proportions as the Court them be described
than the
as

(x)

liquidatorshall
where
a

follows

(a)

person

other
"

official receiver
"

is

liquidator,
"

by
where {!")

the the

style of

the

liquidator
is
"

; and

official receiver and

official receiver of the

not

liquidator, by liquidator
respect of which
be valid
in he

the

style of

the

j)articular company
his mdividual
acts may
name.

in

is

appointed

and

by

(xi) The
defects
that

of

liquidatorshall
be

afterwards

discovered

notwithstanding any his appointment or

qualification.
171. In
his action

Court the liquidatorshall take into a winduig-up by the castody of custody, or under his control, all the property and things in prl^^ertj.
to which the

company

is

or

appears

to be entitled. the

172.

(i) The

liquidator in
Court
or or

winding-up by
committee
or

Court

may

with

Powers

of

the sanction

of the

of the
action

of

inspection
in the

liquidator,

(") bring
name

defend and
on

any

other

legalproceeding
;
so

behalf business

of the company of the

company,

(h) carry
(c) employ
other

on

the

far

as

may

be

necessary
an

for the advocate

to

beneficial
and

winding-up
or or

thereof

solicitor of the

Supreme
do do
any

Court

or

agent
the sanction

which the

proceedings any liquidatoris unable to take

in this
case

take

business
;

himself before and took

in

but the

must
cases

be of

obtained

employment,
cases

except
be shewn sanction.
a

in

urgency,

those

it must the

that

no

undue

delay

place in

obtaming
The (ii)

liquidatorin
movable of
the and action

winding-up by
and
immovable company may
or

the Court

may

(a)

sell the

property, and

by
sell the
in the

public
the
same

auction

or

things in private
to

contract,
person
or

transfer

whole
in

thereof

any

company,
and all

parcels ;
on

(h) do

all acts company, for that

execute,
use,

name

and other the

behalf

of the and
seal
;

deeds, receipts,and
when in

documents,

purpose

necessary, the

company's
or

(c) prove,
any

rank, and

claim

bankruptcy

insolvency

of

contributory

receive may in rosjicctof that

for any balance against his estate, and dividends in the bankruptcy or insolvency

balance,

as

separate

debt the

due

from

the

banlo-upt or insolvent, and rateably with

creditors
;

other

separate

draw, accept, make, {(1) promissory note in

with company the
same as or

and
the
name

indorse and

any
on

bill of behalf
to been the

exchange
company,

or

of the

effect with
if the

respect
note

bill

or

had

drawn,

of the liability accepted,

in

made,
course

indorsed

by

or

on

behalf

of the

company

the

of its business

224 (e) raise

on

No.
the

20

OF

1917.
assets

security of
his

the

of

the

company

any

money

requisite ;
in

(/) take
any
name

out

official name,

letters
and for may

of

administration
do in his

to

deceased any money be

contributory,
act

ofificial

other due

necessary
a

any
cannot

from

of obtaining payment his which estate contributory or in the due out

name

conveniently done
cases

of the

company
the purpose

and

money of enabling the liquidator to take

or recover

in all such

the

shall,for
the to

tration letters of adminisbe due

to

the money,
;

be

deemed

the

liquidatorhimself
(g) do
all such the

other

things as

affairs of the company

for winding-up be necessary may its assets. and distributing

The (iii)
section receiver with powers.

exercise

shall be
or

any
to

respect

by the liquidatorof the powers conferred by this subject to the control of the Court, and the official creditor or contributory may apply to the Court of those exercise of any exercise or proposed any liquidatoris provisionallyappointed by the Court, restrict his powers by the order appointing
a

(iv) Where
the

Court

may

limit and

him.
Meeting
creditors of and

173.
receiver

(i)When
shall

winding-up
company
an

order for the

has

been of

made,
the

the

official and

contiibutories.

summon

separate
not

meetings
purpose

creditors

contributories

of the
or

of be

determining
to

(a) whether for the

application is to
of
a

made the

the

Court of the

apjjointment
;
an

liquidator in
be

place
to the

official receiver

and made of
to

(") whether
with the The (ii)

for the

application is to appointment of a committee and who the liquidator, are committee if appointed.
or

not

Court
act

inspection to
the

be

members

of

Court the

give

effect to

make may any appointment and order and, if there is any such determination, of the

required to
a

difference

between

determinations
in

meetings

of the

creditors
in

and
the the'

contributories

respect of any of the matters foregoing provisions of tliis section, the Court
and
case

mentioned
shall

decide think
the

difference In (iii)
receiver
Liquidator
tion give informato

make
a

such

order

thereon

as

the

Court

may

fit.

shall

liquidatoris not appointed by be liquidatorof the company.

in
than the the

the Court

official

to

174.
person shall

Where other

winding-up
such

of

company
is

oflic-ial

official receiver

by the Court a he api)ointedliquidator,

and
such
access

receiver.

give

the

official receiver

information

to

and

and
to
Pa3TTients of
liquidator into

and papers facilities for inspecting the books company, for enabling that officer be requisite generally such aid as may perform his duties under this Enactment.

of the

175.
person

(i) Where
other than
manner

in the the

winding-up
oftieial
at

of

company
the

Treasury.

receiver limes

is
as

])y the Cf)nrt a lu^ liquidator, a})pointed

official n^ceiver, States, INIahiy with

shall, in such
the
concurrence

and

such

of the

Treasurer,

Federated

directs,

COMPANIES. the

225
to

pay with

Account
a

received by Treasury, and certificate of receiptof

at

money the

him
the

the

Companies
so

Liquidation
him

the official receiver

money

shall furnish

paid.

the official receiver that inspectionsatisfy the business of the company of or carrying on purpose it is the for for other obtainingadvances, or advantage of reason, any the the creditors or contributories should have that an liquidator with the official receiver of account shall, on the application a bank, the liquidatorto make the committee authorize his of inspection,
the committee

(ii)If

of

for the

of

payments
and
manner.

into

and

out

of such

bank

as

the committee be made

in

shall select, the

thereupon
such
sum

those

pajinents

shall

prescribed

(ui)Any
ten
as

days

the official

shall, unless Court, pay interest

than fiquidatorwho at any time retains for more such hundred other dollars, or amount exceeding five authorizes him to retain, receiver in any particular case of the he explains the retention to the satisfaction
on

the

amount

so

retained the Court and

in

excess

at the

rate

of twenty per cent, per annum, and all or such part of his remuneration
to

sha-llbe liable to disallowance

as

of

may

think

and just,

be removed
expenses A

from

his office

by
reason

the

Court

any

occasioned
a

by
sums

shall be liable to pay his default. of

is

(iv)
Court

liquidatorof
not

company

which

being
as

pay any private banking account.

shall

received

by

him

wound up by into liquidator

the his

he

(v) Where shall, in

the

the

official receiver
manner

becomes
at

or

is

appointed liquidator
as

such

and

such

times the

the

Treasurer,

Federated
to

Malay States, may

in the the

direct, pay
of

Companies
(i) Where
other than

Liquidation Account winding-up

official receiver

money at the Treasury.

a

received

by

him

176.
person each

company

is

by the Court a Audit of he accoilutp. appointed liquidator,

in
an

be prescribedbut not less than times twice as may send the his of to official receiver tenure office, during year of his receipts and payments as liquidator. account

shall, at such

(ii)The

account

shall

be

in

duplicate,and prescribed form.

The (iii)
receiver the

shall be

verified

prescribed form, shall be made by a statutory declaration in

cause

in the

official receiver of the

such

shall the and any

the account
he

to

be audited
the

and

for the purpose

with

audit

shall liquidator information time

as

furnish may

official

vouchers may
or

require, and
of and

official receiver books the

at

require
the

inspect any
(iv) When
filed and filed with
any

accounts

kept by
been

production liquidator.
one

the

account the

has

audited,

kept by
the

official receiver, and

each copy

the

thereof shall be copy other shall be copy

to the

Court, and
any

shall be open

inspectionof
audited
or a

creditor,or of
The

person

interested.
cause

(v)
summary
account

official receiver thereof

to be

shall

the

account
a

when

printed,and
to every company

shall send

or

summary,

by post
a

creditor which

printed copy of the and contributory.

is

177.
the

Court
Ill"

of Every liquidator shall keep, in manner

15

being wound
books

prescribed, proper

up in which

by
he

Books

to

be

HquiiL^'tor.

226
shall and
cause

No.
to be made other entries
as

20
or

OF

1917.
of

minutes be

of such

matters

may

contributory may, subject to the by agent inspect any such books.

Release of

proceedings at meetings, and any creditor or prescribed, control of the Court, personally or

178.
up much

(i) When
the

the

hquidator
realized
in his

of

company

which of the

is

being wound
or so

liquidators.

by

Court
as

has

all the

property

company,

opinion, be realized without needlessly can, and has distributed final dividend, if a protracting the liquidation, to the creditors, and adjusted the rights of the contributories any,
among receiver

thereof

themselves,
or

and
or

made
has

has

shall,on prepared, and, on

of the and any

resigned, his application, cause his complying with

Court

been

tories, final return, if any, to the contributhe official from his office, removed
a

report
take

on

liisaccounts consideration

to be

all the reasonable

into be

requirements
the

official receiver, the

shall

report,

contributory, and liquidator,

(ii)Where
on

or

urged by any creditor, or may the interested of against the release person either withhold the release grant or accordingly. may
release of of
a

objection which

the

liquidatoris
creditor,
as or

withheld

the

Court

may,

the

application
such

interested, make
with done the
or

any order

it thinks
or

contributory, or person fit,charging the liquidator

which
he may

of any act consequences made his to duty. contrary order

all

default

have

(ui) An
him him

from
in the

of the Court releasingthe liquidatorshall discharge in respect of any default made act done or liability by of the
as was

administration
to his conduct

affairs of the

in relation

revoked
or

on

proof
of the

that
a

it

hquidator, but obtained by

fact.
not
as a

any

company, such
or

or

otherwise
may

order

be

fraud

by suppression
been

concealment

material

(iv) Where
removed,
Exercise control and of

liquidator has
shall operate

previously resigned
removal of him from
the

or

his release

his office.

179.
of
a

(i) Subjecttotheprovisionsof this Enactment

which is

liquidator

liquidator's
powers.

company

being

wound

up

by

the
and

Court in the

shall, in the
distribution
that at may any

administration thereof be
among

of the
its

assets

of the company

creditors,have
the

given by resolution of general meeting, or-by the given by the creditors

shall in
case

directions to any contributories creditors or

regard

of

by

the

committee

tions inspection,and any direcat any contributories or general meeting directions conflict be deemed to override given any of inspection.
committee
summon

of

(ii)The
or

liquidator may
for the to
summon

general meetings

of the creditors

contrilnitories be his

purpose

shall
or

duty

of ascertaining tlieir wishes, and it meetings at such timers as the creditors

contributories, by resolution, either at the meeting appointing the otherwise, may or direct,or whenever liquidator requested in writing
to do
case so

by
may

one-tenth be.

in value

of the

creditors

or

contributories

as

the

The (iii)

liquidatormay
in relation
to

for direction

apply to the Court m particularmatter any

manner

prescribed
the

arising under

winding-up.

COMPANIES.

227
this

(iv) Subject
shall
use

to

the

provisions of
in the

Enactment,

the

Hquidator
and
its

his

own

discretion
the

management

of the estate

distribution

among person

creditors.
is

(v) Any

who

aggrieved by
the

any the

act

or

decision make

of the

Court, liquidator, apply to may may or modify the act or decision complained of, and reverse, order in the premises as it thinks just.

and

Court

confirm,
such

180. (i) When other than the official receiver is appointed control a person if any to the official receiver liquidator, complaint is made by any '"i"i'''^tors. creditor or performance contributory in regard to the performance or nonof the liquidatorof the duties imposed on him by this
over

Enactment into

or

rules

made and

thereunder, the
take such
action

official

receiver
as

shall
may

think

matter, enquire expedient.

the

thereon

he

(ii)The
of
a

official receiver
which is

company enquiry in relation may, him

if the
or

any

require any liquidator to ansAver being wound any up by the Court he is engaged, and to any winding-up in which official receiver thinks fit,apply to the Court to examine other person oath concerning the mnding-up. on
may at any time may

The (iii) books and

Court

also direct of the

vouchers

to investigation liquidator.
an

be made

of the

Committee

of

Inspection,
of

Special

Manager,

Receiver. of this
comCommittee of

181.

(i)A

committee shall consist

inspectionappointed
and

in pursuance

Enactment
pany
or

of creditors

contributories

of the

w^Kfhi^i""p

persons

contributories

holding general powers in such proportions as

and

of attorney from creditors or be agreed on by the may

as, in
case

meetings
may

of creditors

contributories, or

of difference,

be determined

by

the Court.

shall meet committee at such times as they from time to such appointment, at least once a month appoint, and, failing ; and the liquidator the committee also call member of a or may any he thinks necessary. and when as meeting of the committee

(ii)The

time

The (iii)

committee
a are

may

act

by
not

majority
act

of their
a

members of the

present
committee

at

meeting,
present.
member him

but

shall

unless

majority

(iv) Any (v) If

of

the

committee

may to

writing signed by
or

and

delivered

the

resign by liquidator.

notice

in

of the committee becomes a member bankrupt or insolvent, from five with his creditors, or is absent compounds or arranges consecutive of those Avithout the leave meetings of the committee members who together with himself represent the creditors or contributories, as the case be, his office shall thereupon become may
vacant.

(vi) Any

member

of
at

the
a

committee

may

be

removed
if

by

an

ordinary
which
seven

resolution

meeting
has been

of

creditors, or

of contributories, if he

he creditors, represents represents contributories, of

days'

notice

given, stating the object of

the

meeting.

228
On (vii) forthwith
case a

No.
vacancy
a

20

OF

1917.
the shall liquidator the

occurring in
meeting
fill the the
same

the committee
or

summon

of creditors
vacancy,
or

of contributories,as the

may

require, to

and

meeting

may,

by
or

resolution,

re-appoint contributory to fillthe

The (viii)

appoint

another

creditor

vacancy.

two, may

act

continuing members notwithstanding

committee

of the
any

committee,
in the

if not

less than

vacancy

committee.
act
or

permission by required to be done or given by the committee by the official receiver on the applicationof
or Power to a

(ix) If there is no direction or any

of

inspection, any
this Enactment
may

thing
or

authorized be done
or

given

the

liquidator.
the

182.

(i) Where
whether
nature

the

official receiver

becomes

liquidator of
if satisfied
or

appoint special
manaser.

company,

provisionallyor
estate
or or

otherwise, he
of the

may, company,

that

the

of the

business

the the

interests

of the of
a

creditors

contributories of the

generally,require
estate

appointment
company may
on

other such such

or specialmanager himself, apply to the Court to, application,appoint a specialmanager

business
and

of the Court
to act

than

the

thereof such
as

during including any

entrusted The (ii)
in such
manner

time

as

the

Court
a

of the

to him

by
as

of powers the Court.

may receiver

direct, with
or

manager,

may

powers, be

special manager
the Court

shall

give

such

security and
remuneration

account

directs. shall receive such

as

be
Power to otfifial
as

The specialmanager (iii) fixed by the Court. 183. Where

on an

may

application is
of the
up

made

to

the
or

Court other

to

appoint
of

a a

appoint
receiver receiver

receiver company may

behalf
is

debenture

holders

creditors

for

which
so

debenture holders
or

be

being wound appointed.

Ordinary

by

the Court, the official receiver

creditors.

Powers be after

of

Court.
a

Settlement butories assets. and

of

184. Court

(i)As

soon a

as

list of contri-

shall settle members of this

to

may list of in

application of

registerof
pursuance
company

winding-up order, the contributories, with jDower to rectifythe all cases where rectification is required in making

of the and shall cause the assets Enactment, be collected,and applied in discharge of its liabilities. list of contributories,the Court
are

In (ii) between
persons

the settling
persons who are

who

contributories
as

contributories

distinguish right and of or liable being rej^rcsentatives

shall
own

in

their

for the
Power to

debts
The

of others. Court
may, at any time

185.

after

rerinire delivery of property.

order, require any

of

contributory for
any pay, to

the time

making a winding-up being settled on the list

of contributories, and the

company
or

trustee, receiver, banker,

deliver,
time
as

convey,

forthwith,
any money, company
Power to order of

within

such

the Court papers

agent, or officer surrender, or transfer directs,to the liquidator

to which

is

property, or books and prima, facie entitled.

Court
order may,
on

in his hands

the

186.

(i) The
an

at

any

time

after

making
the time

payment debts by

order, Jiiake
on

any

contributory for
to pay, in
manner

contributory.

the list of contributories

directed

winding-up being settk'd by the order,

230
assets in such
Dissolution
company. o"

No.

20

OF

1917.

in the incurred of the costs, charges,and expenses thinks just. order of priorityas the Court

winding-up
completely
be be

193. wound

(i)When
up,

the Court the

affairs of
shall

company
an

have that the

been the

the from

make

order

dissolved dissolved The (ii) Avho shall

date

of the

order, and
the

company shall company

accordingly.
order make shall be in his

reported by
books
a

liquidatorto
of the

the

Registrar
of the

minute

dissolution

company. default in complying with the Any liquidator who makes (iii) requirements of this section shall be liable to a fine not exceeding dollars for every day during which he is in default. fifty
Delegation
certain of Court. to

liquidator of
powers

approval of provisions of Section 253, make general rules for enabling or requiringall or any of the powers and imj^osedon the Court by this Enactment, in and duties conferred to be exercised or following, performed by the respect of the matters liquidatoras an officer of the Court, and subject to the control of the
the Federal

194.

(i)The

Chief

Judicial

Commissioner,
the

with

the

Council, may,

subject to

Court

"

that is to say, the powers and

and

duties of the Court

to ascertain

in

respect of
wishes of

(a) holding

conducting meetings
and of contributories contributories
;

the

creditors

(b) settling lists

of members the
assets
;

and

the rectifying

where

required, and
or

collectingand
to the

register applying

(c) requiringdeliveryof property

documents

liquidator

(d) making

calls ; within which debt and claims

must

(e) fixinga time

The (ii) without committee

be

proved
of the
any

liquidator shall
the

not, without
and of the

the

special leave
make sanction
or

Court, rectifythe registerof members,

either of

shall not the

call

specialleave inspection.
Extraordinary

Court

of the

Powers after it has

of

Court.
a

Power
summon

to

195.
summon

(i)The
before

Court

may,

made

winding-up order,
or or

iicrsons suspected of

Laving property
of company.

suspected supposed to
Court deems

known it any officer of the company or any person in his possessionany of the to have property company be indebted
to

the

company,

or

any

person

whom the

the

capable

of

giving
examine

information
company.

concerning
or

trade,
oath written

dealings,affairs, or

projierty of the
either reduce

The Court (ii) may concerning the same, and may interrogatories, him to sign them. The (iii) books and Court

such

officer of

person
or on

on

by

word
answers

mouth
to

his

writing and
to

require
any
;

but, where
the sliall have

papers he claims

require such may in his custody or

on

officer
power
or

or

person

produce
company

relatingto the

production in jurisdiction relatingto such lien.

lien any sliall be Avithout the

papers produced by him, to such lien, and the Court ]irejudicc books determine all

Asiuding-upto

questions

COMPANIES.

231
and

(iv) The
it

Court

may

cause

to be person

apprehended
so

brought
after
come

before

for

examination
a

any
sum

summoned

who,
refuses
to

being
before

tendered
the

reasonable
at the time

for his expenses,

not at the time

Court

appointed,
has been

made 196.

knoMTi

to the
an

Court order the

of its

having a lawful and sitting

for has made
a a

allowed
a

impediment, by it.
company
Power to

(i) When
Court,

made

winding-up

by

the

and

official receiver

further fraud
has

report
been of the
in

examiliation of
i;romoters,
etc. directors,

under

this Enactment

statmg
in

that
the
or

in his opmion

committed company, relation

or

by any person by any director

company

promotion
other

or

formation
company may,

officer of the Court

to the

since

its

formation, the

after
any
a

consideration

part

in the
or

who of the report, direct that any person of the promotion or formation company,

has taken
or

has

been

director

day

shall attend before the Court on a officer of the company, be publicly and appointed by the Court for that purpose,
as

examined busmess director

to

the

promotion
or as

or

formation
to

or

the and

conduct

of the
a

of the
or

company,

his conduct

dealings as

officer thereof. official receiver

jjurpose
an

(ii)The
and that

shall if

take

part

in

the

examination,

for that

may,

speciallyauthorized
and solicitor of the

behalf, employ
also take and

advocate

by the Court in Supreme Court.

The (iii) may

where liquidator,

the official receiver

is not

part

the

examination,

either Court.

the liquidator, personally or by an

advocate

solicitor of the
may

Supreme

(iv) The
the Court

Com-t thinks

put such questions to the

shall the be Court examined
may

person

examined

as

fit. examined
on

(v) The
answer

person all such

oath,
allow

and
to

shall be put

questions as
ordered
his to

put
under

or

to him.

(vi) A

person

be

examined
be

this

section

shall

at his own furnished, if he so desires, examination, cost, before Avith a copy of the official receiver's report, and may at his own cost and solicitor of the Supreme Court, who shall be employ an advocate at the

libertyto put to him such questions as the Court of enabling him to explain or qualify any purpose
him.
so

deems
answers

just for

given

by

(vii)If the person exculpated from any

Court
may

examined made
as

is, in the
or

charges
such
examination to
or

opinion of the Court, suggested against him, the

it thinks

allow
of

him the
over

costs

in its discretion

fit.

Notes (viii) and and

open shall may to

be read

by,
of

thereafter the

be

used

inspection
may,

writing, examined, signed by, in evidence against him, and shall be creditor or contributory at all any
and

shall

be

taken

doAvn

in

the person

reasonable

times. Court
to time. may, if it thinks

(ix) The
from
time

fit, adjourn the

examination

this section under examination (x) An directs,and subject to general rules, be held

if the
any

Court

so

before

officer of the

Supreme

Court

named

for the purpose

as

by

of the Court

under

this section

to the conduct

the Court, and the poAvers of the examination,

232
but
the
Power to arrest

No.
not
as

20

OF

1917.

examination

to the costs, may is held.

be exercised

by

the person

before

whom

197. The

Court

at
on

any

time

either

before
cause

or

absconding

contributory.

winding-up order,
a

proof
to to
or

of

probable
the
or

for

contributory
to

is about

leave
remove

Federated conceal
any

making a believing that Malay States, or

of his property the

after

otherwise

abscond,
of the

for the purpose

evading payment
affairs of and

of calls,or the

of

tion avoiding examinamay

cause

respecting contributory to be arrested,

property
time
as

company, his books and

papers

and

movable until such

to be

seized, and
may

him

and

them

to be

safelykept

the Court
powers to

order. this Enactment

not in restriction

of Court Powers cumulative.

198. Any
be
in

by
and

conferred of any

on

the Court

shall of the the

existingpowers institutingproceedings against any contributory or debtor of the estate of any or contributory or debtor, for company,
recovery of any call
or

addition

other

sums.

Enforcement
Power enforce to orders.

of

and

Appeal under which

feom

Orders. Enactment made in may

any

199. enforced

Orders
in

made
same

by
be
to

the

Court
in

this orders

be suit

the

manner

pending
Appeals
orders. from

therein

may

enforced. of Court, the

200. decision Court

to

(i)Subject
made
or

rules
in

given
as

appeal from any winding-up of a company

an same manner or

order

or

under
same

this Enactment

shall lie in the

an

and

by subject
of

the

the

conditions
in
cases

the

Court

within

its

appeal from any order ordinary jurisdiction.

be heard
the

decision

No (ii)
is

such within

appeal
three

shall

unless date

notice order

of
or

the

same

given complained of, in manner given, unless such time Court of Appeal.

weeks

from
in which

of the of the

decision

notices

is extended

by

appeal are ordinarily special leave of the

Voluntary
Circumstances in which company be wound may up

Winding-up.
up

201.

company

may

be wound

voluntarily
of the if anj^

(a) when

the

voluntarily.

company
occurs,

period, by the
on

if any, fixed for the duration the event, articles expires, or of which be the articles the
is to

the company
to be

occurrence

provide

that
in

the

dissolved, and

company

general meeting
wound has
company

has

company

passed a resolution up voluntarily;

requiring the
that the

(6) if

the

company

be wound
company

passed a special resolution uji voluntarily; passed

it cannot
an

(c) if the
to

has that

extraordinary by
reason

resolution liabilities
up.

the

effect
its

of

its

continue
Commencement
of voluntary winding-up.

business, and

that

it is advisable to
commonco

to Avind

202.
time

voluntary winding-up

shall be doomed

at the

resolution of the jiassing, in the case of a special or of the resolution authorizing the winding-up.

the confirmation,

COMPANIES.

233
up

203.

(i) When

company

is Avound

shall, from the commencement its business, except so far on thereof. wmdmg-up
.

of the
as

voluntarilythe winding-up, cease

for the

company to carry

Effect

of

Xi^'ijinK^up
ou

may

be required

beneficial

status

of

J-

company.

The of the company corporate state and corporate powers (ii) shall, notwithstanding anything to the contrary in its articles,

continue 204.

until it is dissolved. When

a

company up

resolution
tion

to wind

passed a special or extraordinary Notkeof it shall give notice of the resolu- to^wind"") voluntarily,
in the

has

by
J
"

advertisement The

Gazette. shall
ensue on

voluntarily.

205.
.

following consequences
of
p

the

voluntary

wmdmg-up

consequences of voluntary

company

winaing-up.

(a) the property of the of its liabilities

unless
among in the

the the

in satisfaction apjjlied company and, thereto, shall, ^jarzi subject passu, articles be otherwise distributed provide, members according to their rightsand interests
;

shall be

company
in

general meeting shall appoint one or more (6) the company liquidatorsfor the purj^ose of winding up the affairs and fix the and distributingthe assets of the comjjany, may remuneration them to be paid to him or ;
(c) on
the

appointment
shall
or

of

liquidator all
so

the

powers company

of the
in

directors

cease,

except
the

far

as

the

general meeting,
thereof
;

sanctions liquidator,

the

ance continu-

(d) the

liquidator may,
all
a

without
this

the

sanction

of

the

Court,
to

exercise

powers
a^

m liquidator

by inding-uj) by
exercise

Enactment

given
;

the

the Court
powers list of

(e) the liquidatormay

this Enactment

the

of the

Court

under of

of settling a making calls, and shall pay and adjust the rights of themselves
;

contributories, and
of the
company,

the the

debts

contributories

among

(/)the

list of contributories

shall
persons

be

prima facie
named

evidence
to

of be

the

liability of
;

the

therein

contributories

(g) when

several

are liquidators

given may be determined may in default of such

than
two any
;
cause

be

exercised

appointed, every power hereby of them or more by such one as of their appointment, or at the time determination not less by any number
there is
no a

(h) if from
the

whatever
on a

Court

may,

creditor, appoint

applicationof liquidator ;
the
remove

liquidatoracting, contributory or a
a

cause on shewn, (^) the Court may, appoint another liquidator.

and liquidator,

206. (i) The liquidatorin a voluntary winding-up shall, within twenty-one days after his appointment, file with the Registrar a notice of his appointment in the prescribed form.

Notice

by

appointment.

234

No.

20
fails to
a

OF

1917.

Any liquidatorwho (ii)

this section
every
Rights
creditors
a

comply

shall be

liable to the

fine not

requii'ementsof exceeding fiftydollars for

with

the

day during

which

default

continues.

of in

voluntary wiuding-ui).

in a voluntary (i)Every liquidatorappointed by a company within seven winding-up shall, days from his appointment, send notice by post to all persons who appear to him to be creditors of the will be held that a meeting of the creditors of the company company than twenty-one date, not being less than fourteen nor on a more days after his appointment, and at a place and hour, to be specified in the notice, and of the meeting once notice shall also advertise in the Gazette and once at least in two circulatingin the newspapers State where the registered office or principalplace of business of the

207.

company

was

situate.

At the meeting to be held in pursuance of the foregoing (ii) whether an provisions of this section the creditors shall determine for the apjoointment of any to the Court applicationshall be made as liquidator in place of or jointly with the liquidator person for the appointment of a committee appointed by the company, or of inspection, be and, if the creditors so resolve, an applicationmay later made the than to Court fourteen at not time, accordingly any days after the date of the meeting, by any creditor appointed for the purpose at the meeting. make order either an applicationthe Court may the and for liquidatorapj^ointedby company the appointment of some other for the as liquidator or person other person to act as liquidatorjointlywith appointment of some the liquidatorappointed by the comjiany, for the appointment or of a committee of inspection either together with or Avithout any such appointment of a liquidator or such other order as, having of the regard to the interests of the creditors and contributories seems just. company,
any

On (iii)

such

for the removal

of the

(iv) No appeal applicationunder

(v) The
as

shall

lie from

any

order

of the

Court

upon

an

this section. such order

to the costs of the applicaas tion opinion that, having regard to of the creditors in the liquidation, the interests there were reasonable order of the the costs to grounds for the application, application may be paid out of the assets of the company, notwithstanding that the otherwise or application is dismissed disposed of adversely to the applicant. it thinks

Court

shall make

fit,and

if it is of

Power

to fill in

vacancy ollice of

in the

li"luidator.

otherwise occurs or by death, resignation, vacancy in a voluntary liquidatorappointed by the company in general meeting may, winding-up, the company subject to any
a

208.

(i)If

office of

arrangements

with

its

creditors, fillthe

vacancy.

For such purpose be convened a general meeting may (ii) more contributory or, if there were liquidatorsthan one, continuing liquidators. The (iii)

by by

any

the

meeting
in such

articles, or
or

by

the

prescribed by the tory on by any contribuapiilication may, the b e determined Court. by continuing liquidators,
shall be held
in
manner manner as

COMPANIES.

235

209.

(i) A

compan}^ may, to any

about

voluntarily
creditors, or

by

be, or extraordinary
to

committee and

of of

liquidatorsor or liquidators,
to be exercised
are

of them, any enter into any

being, wound up resolution, delegate to its of appointing them, the power the supplying vacancies among
in
course

of

Delegation

of

appoTt*^*"
liquidators.

arrangement

with the

respect

to the powers

by
done

the

and liquidators,

manner

in

which

they

to be exercised.

(ii)Any
power
company.

act

by
the

creditors
same

shall

have

effect

in pursuance of any such delegated if it had been done as by the

210.
to

(i)Any arrangement
or

entered

into between

company

about

Arrangement

voluntarily and its oncreduo'rs!" being, wound up creditors shall, subject to any right of appeal lender this section, be if sanctioned binding on the company by an extraordinaryresolution, and on the creditors if acceded and in number to by three-fourths
be,
in

the

course

of

value

of the

creditors.

the

within three weeks from Any creditor or contributory may, (ii) to the Court completion of the arrangement, aj^i^eal against it, and the Court thereupon, as it thinks just,amend, vary, or may the arrangement.

confirm 211.

is proposed to be, or is in course of Power of a company its and the whole of or joart altogethervoluntarily, acc'l^pt^shar up business or property is j^roposedto be transferred etc., sold to another or be formed and registered sale of property whether such other company company, under this Enactment the under Enactment, 1897, of ""^ company. or Companies of the Federated Malay States or in the United Kingdom or in any British feree Colony or Dependency, in this section called the transany in first-mentioned the liquidator of the company, company,

(i) Where

being, wound

as

con-

this section of

called

the

transferor

company,

may,

with

the

sanction

of that company, a specialresolution conferring either a general authority on the liquidator or an authority in respect of any receive in compensation or pensation particular arrangement, part comfor the transfer other like or sale, shares, policies, or interests the other
in

the

transferee transferor

company, company,

for
or

distribution
may enter

among

members

of the

into

any

arrangement

in lieu of may, in addition or

of the transferor company whereby the members lil^einterests, shares, or other policies, receivingcash, in of the thereto, participate profits or receive any the transferee company. of this section company. who did
not vote

other

benefit

from
or

Any (ii) binding on

If (iii)
in

sale the

arrangement
of the of the

in pursuance

shall be

members

transferor

any

member

transferor

company

at either of the meetings held special resolution for passing and confirming the same his dissent therefrom expresses in writing addressed and left at the registered to the liquidator, office of the company of within seven days after the confirmation the resolution, he may require the liquidatoreither to abstain from at a to purchase his interest or carrying the resolution into efifect, in arbitration manner price to be determined by agreement or by provided by Sections 212 to 217.

favour

of the

236

No.
the

20

OF

1917.

(iv) If purchase
be raised

interest the liquidatorelects to purchase the member's be the before must is paid dissolved, and money company in such the be determined manner as liquidator by by may

resolution. sjjecial of specialresolution shall not be invalid for the purposes that it is passed before or concurrently with by reason for winding uj) the resolution for appointing a or company, if is order made within for winding up an a liquidators ; but, year the the company by or subjectto supervisionof the Court, the special resolution shall not be valid unless sanctioned by the Court.

(v)

this section

Appoiutmeiit
of arbitrator when
are

questions
to

be

determined

by

arbitration.

the price to be paid is to dispute about (i)When any in the then unless both by arbitration, parties concur each party, on the request of appointment of a single arbitrator, his hand the other nominate and party, shall by writing under such dispute shall be referred. appoint an arbitrator to whom 212. be settled After (ii) shall have
nor

any

such

appointment
the
same

has without

been

made

neither

party

power

to revoke

the consent
as a

of the other,

shall the death If (iii) for the

of either

party operate
in

revocation.

days after any such dispute has writing has been served by the one request the other to on arbitrator, such lastparty appoint an party mentioned fails such then upon to such arbitrator, appoint party failure the party making the request, and having himself appointed an arbitrator, may appoint such arbitrator to act on behalf of both and such arbitrator the proceed to hear and determine parties, may in in such and the award and determination matters case dispute ; of such singlearbitrator shall be final.
space
a

of fourteen

arisen, and

after

Vacancy
arbitrator to be

of

supplied.

referred determined so are (i)If before the matters any either becomes appointed by incapable or party dies, or refuses or for seven days neglectsto act as arbitrator, the party by such arbitrator was nominate whom and appoint in appointed may other person to act in his place. some A\Titing 213. arbitrator If (ii) other other for the sjoace party for that arbitrator
as

of

seven

days
he
ex

after notice do and

in
so,

purpose

fails to

the

from the ^\Titing remaining or arbitrator and

so

may in

proceed
former

parte
the

every

substituted
as were

aforesaid the

shall have

same

powers at

authorities

vested

arbitrator

the

time

of his death,

aforesaid. refusal,or disability as

Appointment umpire.
of

214. (i)Where arbitrators more they shall, before entering upon nominate and appoint by writing decide
on

than the under

one

have

been referred

appomted,
to

matters

them,
to

their

hands

an

umpire

any

such

matters

on

which refuses after

they
or

shall differ. for

seven

If (ii)
to

such

umpire dies,
forthwith

or

act, they shall

such and

death, refusal, or
the decision shall be final. call
poA\er

days neglects neglect

of every such

appoint another umpire on the

Power of

umpire
matters

in his
so

place ;

referred
or

to him

215.

The

said of any

arbitrators documents
or

their tlie

arbitrators

to call for books, etc.

production
party which

in

umpire may possession or

for

for

the

of cither

they

he

may

think

necessary

determining the

238

No.

20

OF

1917.
shall forthwith from the

(iv) The
it, and
the
on

the the

Registrar on receivingthe return expiration of three months

company may,

register of registration
of

return

shall be deemed
on

to be dissolved.

(v)
any
an

The

Court
person

the

appHcation
to the

of the
to

liquidator or

other order

who

deferringthe
on person is made

appears date at which time

as

Court Court

the

be interested, make dissolution of the company

thinks

is to take

effect for such

the

fit. of the Court under of

(vi) The
this section the he fails for every
Costs of

whose

applicationan
seven

order

shall, within

days

after the

making

order, file with

so

the

Registrar an
a

to do

he

shall be liable to which the

office copy of the order, and if fine not exceeding fifty dollars continues.

day during

default expenses

221.

All

costs, charges, and

of
be
a

voluntary liquidation.

voluntary winding-up of the liquidator, shall in priorityto all other

222. The

payable

company, out

properly incurred in including the remuneration

of the company

the

of the assets

claims.

Saving-for rights
of creditors and
con-

tributories.

shall not bar the voluntary winding-up of a company creditor or contributory to have it wound by the up of an Court is of opinion, in the case application by of an a creditor, that the rights of the creditor or, in the case of that the the contributories applicationby a contributory, rights will be prejudiced by a voluntary winding-up.

right of any Court, if the

"

Power

of Court of

to adopt

proceedings

voluntary winding-up.

voluntarily,and an being wound up if it the the Court Court, winding-up by may thinks fit by the same order for the or subsequent provide any the in of all of the or adoption voluntary winding-up. proceedings any
Where
a

223.

company

is

order

is made

for

Winding-up
Power to order

subject

to

Supervision
a

of

Court.

224. When
resolution that
the to

winding-up
subject to supervision.

has passed company wind voluntarily,the up

a

special or
may

extraordinary
make
an

Court

order

but subject to such voluntary winding-up shall continue butories, for creditors,contrisupervisionof the Court, and with such liberty others to aj)ply to the Court, and or generally on such the Court and conditions thinks just. terms as of a voluntary winding-up petition for the continuance of subject to the supervision of the Court shall, for the purpose to be a to the Court over actions, be deemed giving jurisdiction petitionfor winding-up by the Court.
have

Eflfect of

225.

petition for

winding-up
subject to supervision.

Court

may
to

regard

wishes and

of creditors

contributories.

in deciding between a winding-up by the may, winding-up subject to supervision, in the appointment and of liquidators, in all other matters relatingto the winding-up have regard to the wishes of the creditors or subject to supervision, contributories as proved to it by any sufficient evidence.

226.

The

Court

Court

and

Power

for Court
or

227.

(i) Where
an

an

order

is made

for
same

a or

to appoint
remove

the sup(u-vision,

Court

liquidators.

appoint
have

additional

by the may liquidator.

winding-up subject to any subsequent order

under
this section

A liquidatorappointed by the (ii) the same be subject to powers,

Court the

shall in

same

and obligations,

COMPANIES.

239
if he had been

all respects stand by the company.

The (iii)

in the

same

positionas

appointed
the

Court

Court and

or any fill any vacancy

any liquidator continued

may

remove

liquidatorso
under the

appointed by
supervision or by death

order
or

occasioned

by

the

removal,

resignation.
228.

(i) Where
Court,
wound

an

order

is made

for

winding-up subject

to

Effect

of

the supervision,

by
were

the

liquidatormay, subject to any restrictions imposed the sanction without or all his powers, exercise
Court,
up
in the
same manner as

orSerr"*'""

intervention

of the

if the

company

being

altogethervoluntarily.
shall not Sections

be

A winding-up subjectto the supervisionof the Court (ii) of deemed a winding-up by the Court for the purpose

168, 169, 170, except sub-section subjectas aforesaid, an order for

(xi),173
a

to 183, 194, and

196, but,

winding-up subjectto supervision shall for all purposes, staying of actions and other including of calls, and the exercise proceedings,the making and enforcement order for winding-up by to be an of all other powers, be deemed
the Court. Supplemental 229. of Provisions.
every

the

(i) In

the

case

of

voluntary winding-up,
made
to in
or

transfer of the of

^[^^^^^^^
etc., after

shares, except
made

transfers

with status

the

sanction

liquidator,and
the

every

alteration after
the

the

of the of the

members

o^wSrup.''

company shall be void.

commencement

winding-up,

(ii)In
of the

the

case

of

Court, every
status

subject to the supervision a winding-up by or dispositionof the property, including things in

and
every made

action, of the
in the

company,

transfer after the otherwise

of shares,
commencement

or

alteration of the

of its members,
the

wuiding-up,shall, unless
230.
In every to the

Court

orders, be void.
Debts of aii

of insolvent winding-up (subject in the case of with the accordance in provisions application companies debts all this Enactment of the law of banla-uptcy or insolvency) payable on a contingency, and all claims against the company, or sounding or contingent, ascertained present or future, certain only in damages, shall be admissible to proof against the company, of the value of such a just estimate being made, so far as possible, be subject to any claims debts or as contingency or sound may certain bear do not other reason a only in damages, or for some
value.

bfprOTed^^'

231.
rules

(i) In
shall

winding-up of an prevail and be observed

the and

insolvent
with

company regard to the to debts

the

same

Application

of

rightsof
to
as

secured

unsecured

creditors and
future

and and
the

respective rui^^^"^ "^ provable and ^^^jj^^lt"^

companies.

the
are

valuation in force

of annuities for the

time

contingent liabilities
law

being

under

insolvency with respect

or

to the

estates

of persons

bankruptcy or adjudged bankrupt

of

insolvent.

(ii)All persons
for and
receive

would be entitled to prove such case in any the company of of the assets dividends out may who

240
come

No.
in

20

OP

1917.
make such
to

under
as

company section.
Preferential

winding-up, and they respectively are winding-up

and
at taxes the

the

claims

against the
of this

entitled

by
in

virtue

232.
other

(i) In
debts

there

shall

be

paid

priority to
to

all

payments.

(a) all

rates

due

from

the

company twelve

the and
months

ment Govern-

date and

hereinafter

mentioned,

having
next

become before

due that
or

payable
;

within

date

(h)

all wages services

salary
said

rendered the

to

of any the
not

clerk
company

or

servant

in

respect
months

of

during

four

before
and

date,

exceeding
or

five hundred

dollars

(c)

all wages time or

of any workman for piece work,

in

labourer, whether respect of services

months
next

payable
rendered the

for
to

the date.

company

during
shall

two

before

said

(ii)The (a) rank

foregoing debts equally

assets among
are

themselves
to

and
meet

be

paid
and

in in

full,unless
which
case

the

insufficient
in

them,
available

they {b) so
far of

shall abate
as

equal proportions ;
of the
company

the

assets

for payment

them, have general creditors are insufficient to meet under the of debentures of holders claims priority over be and created the paid floatingcharge by any company, in of or out subject comprised accordingly property any to that charge.

(iii) Subject
for the shall
meet costs

to

the

retention

of such

sums

as

may
the

be

necessary

be

expenses discharged forthwith

and

of the
so

winding-up,
far
as

foregoing debts
are

the

assets

sufficient to

them.
event

(iv) In the
any is
so

of distraint of
the

by

landlord
within

or

other

goods
the

or

effects of
a

company

three

on person months next

before

winding-up order, the debts to which this shall be a first charge on the goods section given by distrained the proceeds of sale thereof. or on,
(v) In respect of
or

date

priority
or

effects

any

landlord
the person

other
to whom

person the

paid under money shall have the same

payment
is made.

any

such

rights of

charge the priorityas

(vi) The

said date
case

shall be
a

((/)in the

of

sorilywhich the up voluntarily, (6) in

233. any other
case,

company had not

ordered

to

be

wound

up
to

compulbe

previously commenced date of the winding-up

date of the

wound

order

; and

the

commencement

of the

winding-up.
Fraudulent

preference.

(i) Any conveyance, payment, execution, or other

if made
or

mortgage,
act

charge, delivery of goods, would, to property which relating

deemed
or

done
a

by

or

bankruptcy

fraudulent

against an individual, be preference,shall, if made

in

his
or

done

by

COMPANIES.

241
the its event

against a
up,
a

company,

be

deemed,
of

in

of its

being
be

wound invalid

fraudulent

preference

creditors, and

presentationof a petition case a winding-up by or subject to the of the and resolution for winding-up in the supervision Court, a of a voluntary winding-up, shall be deemed case to correspond "vvith the act of bankruptcy in the case of an individual. (iii) of all its Any conveyance or assignment by a company
the of

accordingly. For the purposes (ii) for Avinding-up in the

of this section

property
to

to trustees

for the benefit

of all its creditors

shall be

void

all intents.

234. Where is being wound by or any up company the supervision of the Court, attachment, distress, or any effects of the company put in force against the estate or
commencement

subject to
execution

Avoidance

of

^^rtaia
executions, eto.

after the

of the
a

winding-up
is

shall

be

void up,
a

to all intents.

235.
the

Where of the that

was

comj)any
or

being
the

wound
company

floating charge
within

on

Effect

of

undertaking
the

property of

created

three it is the cash

floatingciiarge.

months

commencement

proved

company

of the winding-up shall, unless of immediately after the creation

to

charge paid to
of, and
that 236.

solvent, be invalid, except

the

amount

of any

the company of or subsequently to the creation at the time in consideration for, the charge, together with interest on
at the rate

amount

of six per

cent,

per

annum.

(i) The
in the

liquidatormay
case

(a)

of

winding-up by
Court
or

the Court, with committee

the

sanction
; '
or

General be

scheme

either of the

of the

of inspection "i^

of)iq"iJation
may

(6) in
(c)
do the

the

case

of

with winding-up subject to supervision, Court

;
or

the

sanctioned.

sanction in the
an

of the

of a voluntary winding-up, with case extraordinary resolution of the company

any

the sanction

of

following things or
pay

of them

"

(1)

any
any

classes of creditors

in full ;

(2) make

compromise

or

persons

claiming
to

to

be any

themselves
or

have

creditors with or arrangement creditors, or having or alleging claim, present or future, certain

contingent, ascertained
the

against
rendered

company, liable ;
all

or

sounding only whereby the company

or

in

damages
may

be

(3) compromise
liabilities

calls of

and

liabilities to

calls, debts
and
all

and

capable
future,
in

resultingin
or

debts,

claims,

present
subsist

or

certain

sounding only
between

damages,
the company

or contingent, ascertained to or supposed subsisting and a contributory, or or

alleged contributory, or other debtor and to the liability company, the assets to or affecting relating any way
of
the company,
on

person hending appreall questions in

or

the be

such

terms

as

may

winding-up agreed, and

take any securityfor the discharge of any such call,debt, or liability, claim, and give a complete dischargein respect thereof.
Ill"

16

242

No.

20

OF

1917.
creditor
any this
or

of a winding-up by the Court (ii)In the case any contributory maj'' apply to the Court, with respect to conferred or by proposed exercise of any of the powers
Power
to
assess

exercise
section.

of Court

237.
that

(i) Where
person

in the

course

of

wdnding
in the

up

company
or

it appears

damages against

any
the

who
or

has
any

taken

part
or

formation

promotion
or

of

company, any liable been

past

present director, manager,

has
or misai^plied or or

delinquent
directors, etc.

or liquidator, or

become

officer of the company, for any accountable or

retained
the in

money

property of
of trust

company, relation

or

guilty of

any

misfeasance
on

breach
creditor

to the comj)any, the Court may, official receiver, or of the liquidator, or examine

the

applicationof
or

the

of any

butory, contri-

into the conduct

and compel or officer, liquidator,

or

of the promoter, director, manager, him to repay or restore the money

property
as

or

any

rate

the Court company

thinks

of the

respectivelyvnth. interest at such to the assets just,or to contribute such sum application, of compensation in respect of the misby way
part thereof
or

retainer, misfeasance,
thinks

breach

of trust

as

the

Court

just.
section

(ii)This
one

for which Where (iii)

the

apply notwithstanding that the offence be criminallyresponsible. offender may

shall
case

is

in the

of

winding-up

an

order

for

payment
to

of
be

money
a

is made

under within
4 of
"

this section, the the The

order

shall be

deemed

final decree

(i)of Section
Penalty
books. for of

meaning of paragraph (i) of 1912." Bankruptcy Enactment,

sub-section

falsification

being or Any director, officer, contributory of any company books, falsifies who alters, or destroys, mutilates, up, any false is privy to the making of any or papers, or securities, or makes fraudulent document in of book or or account, entry register, any with deceive intent to defraud or belonging to the company any shall be liable of either to descriptionfor a person imprisonment which may term extend to two years, and also to a fine not exceeding hundred two and fifty dollars.
wound 239.

238.

Prosecution

of

(i) If

delinquent directors, etc.

by
been

or

subject

it appears to the

to

the

Court

in the

course

of that

winding-up
any

supervision

of the

Court

past

or

present director, manager,

officer, or

member

of the

company

has

he for which guilty of any offence in relation to the company is criminallyresponsible, the applicationof any the Court may, on in the interested motion, direct person winding-up or of its own the liquidator order the costs to prosecute for the offence, and may and expenses to be paid out of the assets of the company. If it (ii) winding-up member the
with and appears to any

the

liquidatorin
or

the

course

of

voluntary
officer,or

that

past

present director, manager,

of the company for which company

all (expenses

has been he is

guiltyof any offence in relation to the liquidator, criminallyresponsible,

the previous sanction

out

properly incurred
of the

be

payable
240.

of the Court, may prosecute the offender, by him in the prosecution shall in priority to all other assets of the company

liabilities.
Penalty on perjury.

Any

person
or

who,

on

examination

on or

oath

authorized
or

under the

this Enactment,

in any

affidavit

deposition in

about

COMPANIES.

243
in
or

winding-up of arising under

evidence, shall
a

any

company

or

otherwise

about

any

matter

this
be may

Enactment,
liable to extend
to

wilfullyand
of
seven

imprisonment
years,

corruptly gives false either descriptionfor

shall also be liable

term

which

and

to fine.

is authorized, in Meetinfrto the Court by this Enactment (i)Where the have of creditors or wishes ^v^sue*!;"'! relation to winding-up, to regard to contributories, as proved to it by any sufficient evidence, the Court '''"^t'-P'^^.^ of ascertainingthose \vishes, for the purpose if it thinlcs fit, may, to be called,held, direct meetings of the creditors or contributories

241.

and

conducted
a

in to

such
act

manner as

as

the

Court

directs, and

may

appoint
In (ii) each

person

chairman Court.

of any

such

meeting
to

and

to

report the

result thereof the

case

to the

of creditors

regard

shall be

had

the

value

of

creditor's the

debt.
case

In (iii) number 242.

of

contributories, regard shall be

on

had

to

the

of votes Where of the

conferred
any company

each
is

contributory by

the

articles. and the

Books of *" ^^

papers contributories of all matters 243. vision After

company of the company,

and

of the

all books being wound up, between shall, as liquidators

evidence!

be prima
be therein

facie evidence
recorded.
or

of the truth

purporting
an

to
a

order

for

winding-up by
may

subject to
order for

the

super-

inspection
^""^^-

of

of the

Court, the Court

and contributories thinks company Court

make

such
company any

inspection
and
in
or

by
the

creditors
as

of the and be

of its books and

papers

papers

the

just,
may not

books

possession of the
(i) When

inspected by
or

creditors

contributories 244.

accordingly,but
a

further wound

otherwise.
to be Disposal of up and is about ' and of the liquidators
company.

company

has

been

dissolved, the books

may

and
as

papers

of the company
:

Jjap^s^of

be

disposed
case

of

follows
a

(a) in the

of

winding-up by
in such
a

or

subject to
Court

the

supervision
;

of the

Court
case

way

as

the

directs in such directs. of the

(b) in

the

of

voluntary winding-up
resolution from
on

way

as

the

company After (ii)

to

by extraordinary
the the

years shall rest responsibility person

five

dissolution
or

company has to

no

company,

the and

or liquidators,

Avliom

the

custody
of the interested

of
same

the

books

paj)ers

any been any

committed,
person

by reason claiming to be (i)Where

time
a

not

being forthcoming

therein. been date

245.
at any

within

company two years

has

of the

dissolved, the Court may of the dissolution, on an

Power

of court

cussoiuuonof company void.

for the application being made other or by any person company

purpose

by

the

liquidator of
the Court Court
to

the be

interested, make

an

order,

declaring the dissolution be taken proceedings may

had
not been

who to appears such terms the as upon been to have void, and
as

thinks

fit,
such

thereupon

might

have

been

taken

if the company

dissolved.
on

The (ii)

person

whose after

within

seven

days

the

applicationthe order was making of the order,

made file with

shall,
the

244

No.
office copy of the

20

OF

1917.
in default

Registrar all
to
a

order, and

he shall be liable
Avhieh

fine

not

dollars exceeding fifty

for every

day during
up,

the

default
Information

continues.

246.
is not

(i) Where
concluded

company

is
one

being

wound
its be

if the

winding-up
the the

pending liquiJatioiis.
a?

to

within

year

after

commencement,

liquidatorshall, at such intervals as may in winding-up is concluded, send to the Registrar a statement with the prescribed form and particulars containing the j)rescribed respect to the proceedings in and position of the liquidation. Any person (ii) stating contributory of the company
agent,
at

prescribed,until

himself

in

writing

to

be

creditor
or

or

shall be entitled,
on

by

himself

by

his

all reasonable

times,
and

payment
receive
a

of the copy

prescribed fee, to
thereof
or

the insj)ect therefrom.

statement,

to

extract

(iii) Any
creditor shall be
or or

who untruthfully so states himself to be a person contributory shall be guilty of a contempt of Court, and punishable accordingly on the applicationof the liquidator ofiicial receiver. fails to
to
a

of the

(iv)Any liquidatorwho
this section shall
be

comply
fine the not

with

liable

exceeding
or

of the requnements five hundred

dollars

for each

day during

which such

default

continues.

(v) If

liquidatorhas
have date remained of their

it appears from any in his hands or

or

statement

otherA\ise
any money

that

under

his control
assets

senting repre-

unclaimed

undistributed
or

of the

company

which after the

unclaimed

undistributed

for six months

the the same to receipt, he shall forth^^"ith pay be and shall entitled to a receipt Companies Liquidation Account, for the money so paid, and that receiptshall be an effectual discharge
to

him

in

respect thereof.
the the
purpose

(vi) For payable to

this

ascertainmg and getting in Companies Liquidation Account

of like powers exercisable
may

in

any

money

pursuance

of like

section, the
are

authority,as
Enactment,
the
sums,

under
purpose

exercised, and The Section 128 of

be
"

1912," for the

of

by Banl^ruptcy ascertainingand getting in

to in that section.

the

funds,

and

dividends

referred

the

paid to (vii)Any person claiming to be entitled to any money in pursuance of this section Companies Liquidation Account and the apply to the ofiicial receiver for paj^ment of the same, may certificate by the liquidator that the official receiver on a may, order for the payment to that an claiming is entitled, make person
person

of the

sum

due. dissatisfied
any claim

Any (viii)
receiver may in

person

with made

the

decision

of

the

official

respect of
to

in pursuance

of this section

appeal (ix)This
has

the

Court. shall

section

apply
before
or

whether

the

winding-up

of

the

company

commenced

after the commencement

of this

Enactment.
Swearing
aOidavita. of

247.

Any

affidavit

required

to

be be

sworn sworn

under
in the

the

])ro visions

or

for the j)ur poses States or in an}^

of this Fart

may

Federated

place within

the dominions

of His Britaimic

Malay Majesty,

246
The (ii) remuneration
duties

No.
Chief

20
shall

OF

1917.
direct officer the whether
any

Secretary

and

what

is to be allowed

to any

under
may

this Part

in relation
or

to

or performing any person winding-up of companies,

and thinks
Accounts to be of

vary,

increase,

diminish

that

remuneration

as

he

fit. The
accounts to
as

252. in such shall

of the

official receiver of

under shall

this Enactment be audited

in

official receiver audited.

relation
manner

the

the Chief

make

such directs.

winding-up companies Secretary directs, and the and returns give such information
Rules Fees. with for

official receiver
as

the

Chief

Secretary

and

Rules for

and

fees

253. the of

(i)The

Chief

Judicial
may

Commissioner,

winding-up.

the Federal

Council,

make

general rules
so

objects of this Enactment companies, and also rules Enactment including rules as
A (ii) the hand the
copy

far

as

relates

the approval of carrying into effect to the winding-up purposes of this

of

procedure
and under

for the fees.

to costs

of all rules Chief

made

this section, certified shall be Chief

to

under

of the Chief the rule been

Judicial

Commissioner,
the

transmitted
to

by

Judicial Federal made

Commissioner Council. under

Secretary
into Federal

be

laid before No (iii) until it has

this section
a

shall

come

operation
Council.
may

approved by
any
as

resolution

of the

(iv) In
such

approving

such

rule the think

as

Federal fit.

Council

make

alterations

therein and

it may

(v) Any rule made

have the
same

approved
effect
as

force and

if enacted

provided by
from

in this section

shall

this Enactment.

Removal
Registrar
strike company

oe

Defunct

Companies

Register.

may defunct off

register.

to believe cause Registrar has reasonable in business that a company or operation, he carr3dng on letter the send the shall to enquiring whether by post a company in business is carrying on or operation. company

254.

(i)Where

the

is not

If (ii) letter after the

the

Registrar
any
answer

does

not

within send first and

receive

thereto, he

expiration of the month registeredletter referringto the

answer

sending the days to the company by post a letter, and stating that no
one

month

of

shall

within

fourteen

thereto
to
a

has

been

received,
letter

that
one

if

an

answer

is not

received

the

second will be of the

within
in

month Gazette

from with
a

the

date
to

thereof,

notice
name

published
company receives

the

view

strikingthe
to

off the
an

register.
from the company

If the Registrar either (iii) the

effect

answer

carrying on business or in operation,or letter receive after sending the second month does not within one he may publish in the Gazette,and send to the company answer, any from the by post, a notice that at the expiration of three months
that
it is not

date and

of that

notice

the

name

of the

company

mentioned off the

therein

will,unless
the

cause

is shewn

to the

contrary, be struck

register

company

will be dissolved.

COMPANIES.

247
is

(iv) If, in Registrar has is acting, or

and
the

any that

case

where
cause

company to

being

wound
no

uj),

the

reasonable

believe

either

that

liquidator

the affairs of the are fully wound company up, required to be made by the liquidator have not after notice by been months made for a period of six consecutive has been sent by post to the the Registrar demanding the returns to the liquidatorat his last-known or place of business, company, the Registrar may publish in the Gazette and send to the company lilvo notice is provided in sub-section as a (iii). returns

(v) At

the

expiration of
unless
cause

the
to
name

time

mentioned

in is

the

notice

the

Registrar may, by the company,

notice

the

contrary
the

strike its
in the

off the
on

register,and

thereof

Gazette, and

previously shall publish publication in the Gazette

officer,
enforced

shewn

of this notice

the

company

shall be dissolved.
any,

(vi) The
and
as

if liability, of the

of

every

director, managing
and
may be

member

if the company

shall continue company had not been dissolved.

or

(vii)If
Court
may,
on

company
the company

any the

member been

or

creditor off the

member time

thereof

feels

aggrieved by
the

having

struck
or

the register,
or

application of
the
or

company

creditor

if satisfied that

off the

carrying
the
company

on

business be be

at was company in operation,or to to

the

of the that

otherwise

it is

striking just
of
the

that

company to

restored restored
to

the the

order the name register, and thereupon register,

in

company
name

shall be had
not been

deemed struck
may

have

continued

existence

as

if its

off.

The (viii) make such all other

name

Court

by
seem same

such

order

provisions as
in the

just for

persons

position as
not

give such directions placing the company be as nearly as may

off.
may

and and if the

of the

company
or

had

been

struck

(ix) A

letter
at its

notice

under

this section

be addressed

to the

office has been registered, registeredoffice, or, if no company the of director officer of some or or, if there is to the care company, address and whose are director officer of the company name or no who the be sent to each of known to the Registrar, may persons address him addressed at the to the memorandum, subscribed mentioned
in

the

memorandum. V. AND FEES.

Registration
*'"''^-

PART REGISTRATION 255.

OFFICE

of companies under of the registration purposes in the Federated offices office be or there shall an this Enactment, Chief the Secretary may Malay States at such place or places as

(i) For

the

think

fit.

Chief Secretary may The appoint such Registrars,Assistant (ii) for the think necessary he may and servants clerks as Registrars, make and this Enactment, of companies under may registration remove any regulations with respect to their duties ; and may so appointed. persons
^

248
The (iii)
shall be salaries

No.
of the

20

OF

1917.

persons

appointed
a

under

this

section

fixed

by

the

Chief

Secretary.
direct seal
or

(iv) The
the

Chief

Secretary may

seals to be
or

prepared
with

for the authentication

of documents

required for

connected

of companies. registration

on

kept by the Registrar inspect the documents (v) Any person may be appointed by the Chief Secretary, payment of such fees as may
cents exceeding fifty

not

for each

inspection.
certificate of the

(vi) Any
any

person
or a

may

require a

incorporation of

company,
any

part of

other

of any other document extract or or any copy to be certified by the Registrar, on document,
copy,
or

payment
the

for the

certified certificate,

extract, of such

fees for

as a

Chief

certificate for each

appoint, not exceeding three dollars Secretary may not of incorporation,and exceeding twenty-five
a

cents

folio of

certified copy
or

or

extract.

from any document extract kept and registered of companies, certified to be a true registration shall the hand of the Registrar or an Assistant Registrar, cojjy under be admissible in evidence of equal validity in all legaljjroceedings as with the originaldocument.

(vii) A copy

of

at any

office for the

Documents be in

to

English.

is by the provisions of this Enactwhich ment Every document required to be registered or recorded by or filed with the is by the provisions whereof a Registrar and every document copy of this Enactment sent to the Registrar or required to be forwarded the provisions of notice served upon the Registrar under and every this Enactment shall be expressed in the English language.

256.

Fees

257. several
therein

(i) There
matters

shall

be

paid

to

the
B

Registrar
in Schedule
as

mentioned such

in Table

in respect of the B the several fees

or specified,

smaller

fees

the

Chief

Secretary

may

direct.

(ii)All fees paid

shall be

to the

paid

into the

Registrar in Treasur3^
PART

pursuance

of this Enactment

VI. TO UNDER COMPANIES THE FORMED COMPANIES

APPLICATION AND

OF

ENACTMENT

REGISTERED
1897.

ENACTMENTS,
Application
Enactnirnt of
to

258.

(i) In
in the

the

companies
formed former under

companies
(a)

it shall
case

application of apply in the same

of
a

this
manner

Enactment

to

existing
company

limited
as

Enactment.

limited

by guarantee, and registered under limited by shares ; {h) in

the
case

other company, if the company this Enactment

than had
as

been
a

formed comj)any

of
had
as

company

limited company been and formed

a

Enactment
in the {(")
case

company

limited

by guarantee, as registered under by guarantee ;

a

if the this

of

companj^

other been unlimited

than

limited and

company,

as

if the

company this Enactment

had
as an

formed

registered under

comjiany.

COMPANIES.

249
the
at

(ii)Any
shall
was

reference, express
as a

or

implied, to
to the

date which

of

registration
company any of

be

construed

reference
"

date

the

under registered

the

Companies Enactment,
shall
"

1897," of

the

Federated

Malay
under

States.

259.
but the not

(i) This
formed

Enactment the

registered Application apply to every company 1897," of any of to compiHJfes Companies Enactment,
in the
same manner as

Federated under

Malay States,
declared
this Enactment. to

it is hereinafter not

u'^^^ier'^^
Enactment.

in this Enactment

apply
or

to

but companies registered

formed
"

(ii)Any
be

reference, express
as a

implied, to
to the

the

date

of

registration
company any

shall
Avas

construed

reference
"

date

at which

the

the

registeredunder Federated Malay

260.
A company

the

Companies Enactment,

1897," of

of

States.

1897," of any be transferred

the
company

of the
in may

Federated

the "Companies registeredunder States, cause Malay may hitherto in use,

or

Enactment,
its shares
manner

Mode

of

to
as

sJfarls!"'"

manner

in such

other

direct.

PART COMPANIES AUTHORIZED THIS 261. mentioned

VII.
TO

REGISTER

UNDER

ENACTMENT. and

(i) With
and

the

exceptions
in this

subject
or more

to

the

provisions companies
which
of beins registered.

contained

section,
seven

{a)

any
was

company
in
;

consistingof
on

members,

existence

the

thirteenth

day
aforesaid
Enactment
or

of

September,
pursuance of any or otherwise
seven

1897

and after the other

or

{b)

any

formed company Enactment of any

of

date
this

in

than

Act

Parliament,

of letters

patent,
and

being

duly
or more

constituted

according to law,
this

consisting of

members,

may

at

any
or

time
as a

registerunder
limited

Enactment
or as a

as

an

unlimited limited

company, that it has

by guarantee

company and the

by shares,
to the

company

shall registration
a

not company

be

invalid

by

reason

taken

place with having

letters

view

being
joint stock

wound

up. Act

(ii)A company of Parliament or

as

the

of its members liability

not

limited

by

patent, and
the

being

hereinafter
A (iii) company

defined, shall not

in register

pursuance

company of this section.

having
or

Habilityof
shall not
or

its members in register

as a

limited

by

Act

of Parliament
section
as an

letters unlimited

patent

company

company

pursuance limited

of this

by

guarantee. (iv)
defined limited A company shall not

that

is not

joint stock

in register

pursuance

of this

company section

as as

hereinafter
a

company

by
A

shares. shall
of
a

(v)
without

company

not

registerin
in
cases

the

assent
or

majority of

of this section pursuance are such as of its members

present

in person

by

proxy,

where

proxies are

allowed

by

250
the

No.

20

OF

1917. general meeting

company shall

the purpose

at regulationsof the company, of consideringwhether

a

summoned be

for

the

registered.
as register

(vi) Where
limited
a

company

not
or

having

the

of liability
assent

its members to

by

Act

of Parliament the less than

proxy

letters patent is about

as

limited

company,

majority required to
three-fourths

aforesaid

shall
in

consist person

of not
or

of the

members

present

by

at the

meeting.
is about to its to
as a company register so registeredshall

(vii)Where

by guarantee, by a resolution
contribute wound
up to

a company the assent

limited be
panied accom-

being declaring that

of the

each

mernber
event

undertakes of its

to

the

assets
a

company,
or

in the
one

being

while

he is

member,

within

year

afterwards, for

liabilities of the company contracted before he ceased to be a member, and of the costs and expenses of winding for the adjustment of the rights of the contributories up, and be required,not exceeding as themselves, such amount among may

payment

of the debts

and

amount. specified

In computing (viii) demanded member

a pollis majority under this section when any of votes to which each regard shall be had to the number is entitled according to the regulationsof the company.

(ix) A company 1897," of any of

in pursuance
Definition of

the

registered under the Companies Federated Malay States, shall not

of this

"

Enactment,
be

registered
relates
a

of this section.
the

263.

(i) For

purposes
as

Part,

as

far

as

to

joint stock
company.

of registration
company share nominal

companies
means a

companies

limited

by shares,

joint

stock

having a permanent paid-up or company into shares, also of divided capital of fixed amount
or

fixed amount,

held

and

transferable

as

stock,
other,
holders

or

divided formed of those

and
on

held the
or

partly in one way principleof having

that

and

partly
persons,

in

the the

and

for its members other

shares

stock, and
a

no

(ii)Such
this Enactment
Requurements by jouit stock companies.

company shall

when
be

registeredwith
to be
a

limited

deemed

company

limited

under liability by shares. of

263. stock

Before

the

in registration

pursuance to the

of this Part

Company,
:

there shall be delivered

Registrarthe

joint following
a

doCUmcnts

(a)

list

shewing
who,

the
on

names,
a

addresses, and
named
the in the

occupations of
list not
more

all

persons than six

clear of the
held the

day days before

company,

day
the

of

being were registration,

of the shares

members
or cases

with

addition

stock
where
;

by

them

shares

in respectively,distinguishing, its each share are numbered, by

number
a (?")

and Act of Parliament,

contract
or

of any Enactment, copy letters patent, deed of

or

Royal Charter,
of co-partnery,

settlement,

other
;

instrument and

constituting
to be

regulating

the

company

(c) if the
"

company
a

is intended statement say

:

company,

specifyingthe

registered as a limited particulars folloA\ing

that

is to

COMPANIES.

251

(i) the
the
the

nominal number amount

share

capital
into

of

the

of

shares

v/hich

company, it is divided
;

and
or

of stock
of shares
;

of which taken

it consists

and

(ii)the
on

number each
name
"

and

the

amount

paid
of the
;

share

and company the as

company of

the (iii)

of the limited
case
"

with
last

the

addition thereof
to

word

word

and

(iv) in the
as a

of

intended

be
the

registered
resolution

company

limited
amount

by guarantee,
the

declaring the
264.
company, to the

guarantee.
of this Part of
any
uequiipmonts

registrationin pursuance being a jointstock company, Registrar

not
a

Before

the

there

shall be

delivered

othef than" b"y

joint stock

companies.

(a) {b)

list

shewing
or

directors
a

the names, addresses, and occupations of the other managers, if any, of the company ; and

copy

deed

Act of Parliament, letters patent, of any Enactment, of settlement, of co-partnery, or other contract

instrument

constitutingor
of
a

regulating the
intended
a

comj)any

and
a

(c)

in

the

case

company

to copy

be

registered as
of the resolution

company

limited
amount

by guarantee,
and directors
to be

declaringthe
265.
shall

of the guarantee. and

any

The
be

list of members
the company

other
to any

relatingto
directors 266.
necessary
or

required

dehvered

the

particulars Autiientication "^ Registrar existhv"^"**

or more

verified other

of by a statutory declaration the of officers principal company.

may

two

companies.

The

Registrar
for the to be purpose

of

require such evidence himself whether satisfying

is
or

as

he

thinks

Ke^istiar
evidence

may
as

any

company
as
"/

to

proposing
hereinbefore 267.
pursuance company,

registered

is not

joint stock

company X

nature
compEiny.

of

defined. fees
shall

No

be of
a

charged
company
its

in

respect of
if it is not
a some

of this Part
or

the in registration as a limited registered company

or

Exemption

confptnies from
payment
of fees.

if before

of liability Act

the

shareholders
or

registrationas limited by was

patent.
in registers
"

limited

the
some

Enactment

of Parliament

by

letters

268. limited
as

When

company the word liability, its

name.

pursuance

of this Part and

be

with

Addition

of *"

limited

"

shall form

registered name!^*^'^
Part
as

part of
269. On
to

respect

compliance with and registration,

Table that
a

the
on

requirements
of such

of

this

with
are

certificate
'"""

of

payable
under

under hand

in

Schedule

payment B, the

fees, if any,

existing

his

the

incorporated as
a

limited
be

company

company that

company under this Enactment,

Registrar shall certify companies. applying for registrationis

and
in the
case

of

it is

limited,
have

and

shall
common

incorporated, and
seal.
All

shall

thereupon the company and perpetual succession including things

at
on

270.

property immovable
to
or

and
in
a

movable,
company

in

vesting

of

action, belonging

vested

the

date

of its
to

re?"tration.

registration in

pursuance

of this Part, shall

registration pass

252
and
vest

No.
in the company interest
a as

20

OF

1917.
this Enactment

incorporated under
company in ])ursuance

for

all the
Savin?
for

estate

and

of the
company

therein. of this Part

in shall

271.
not

Registration of
or

existintr liabilities.

affect the
or or

debt

rights obligation incurred,

behalf
actions

liabilities of the
or

any

company entered contract

respect of any
into, by, to,
at the Part

with,
Continuation of

on

of,the company
and
a

before

registration.
time
are

272. of the

(i) All
or

other

legalproceedings which
in
or

existing

actions.

company pending by against the company, in the same be continued manner may taken

registrationof

pursuance
any
as

of
or

this

officer

member

thereof,
not

if the

had registration

place.
shall not of the company such action or
the event

(ii)Execution
member
in any

against the effects of any judgment, decree, or proceeding.

issue
on

any

individual obtained

order

In (iii)

of the property and

insufificient to

obtained
Effect under of I'art VII.

for When

the judgment, decree, or order, an satisfy winding up the company.

a

effects of the company order

being
may be

273.

registration

provisions contained
settlement,
of

is registered of this Part, all in pursuance company in any Enactment, Act of Parliament, deed of ment of co-partnery, letters patent, or other instrucontract

including,in the case constitutingor regulatingthe company, limited as a registered by guarantee, the company company the the amount resolution of declaring guarantee, shall be deemed in the same and regulations of the company, to be conditions manner
a

and

with

the

same

incidents formed
in

as

if
under

so

much
this

thereof

as

would, if the
have

company

had
to be

been

Enactment,
were were

been
in
a

required registeredmemorandum, registeredarticles.

Provisions Enactment of to

inserted

the

memorandum,
the residue

contained contained

and

thereof

in

274. the

When

companj^

is

applicable
company

provisionsof this Enactment

contributories, and
as

registeredin pursuance shall apply to the

creditors under

of

all this^Part, and

manner

members,
Part VII.

company, thereof, in the same this Enactment,

the in

registered
under

all respects follows

:

if it had

been

formed

subject as
not

(a) the

unless

regulations in Table A in Schedule adopted by specialresolution ;

this not not Enactment

shall

apply

(b) the provisions of

of shares
shall
are

apply

to

relatingto the numbering joint stock company any

;

whose

shares
to not

numbered of

(c) subject
shall in any

the
have

provisions
power
or

Section

276,

the

company

to

alter

Enactment
;

Act

of

provision contained any Parliament relating to the

270, the
in company letters

company

(d) Subject
not to

to the

provisions of.Section
without the sanction

shall

have
alter

power,
any the

of the Chief
any

Secretary,
patent

provision
company not
;

contained

relatingto
(() the
company contained

shall
in
a

have

power
or

to

alter letters

any

provision
with

Royal

Charter

patent

respect

to the

objects of the company.

254
Powers to substitute memorandum and deed articles for of

No.
the

20

OF

1917.
of this

(i)Subject to in pursuance registered

the form
articles

279.

provisions
may

section,

of this Part

of its constitution for

a

by specialresolution by substituting a memorandum

company alter and

settlement.

deed

of settlement.

The (ii)

by

the

Court

company
section

with respect to confirmation provisionsof this Enactment and registration of the objects of a of an alteration shall so far as applicableapply to an alteration under this with the following modifications : for the
to

(a) there shall be substituted

memorandum
a

printed copy
delivered
to

of the altered
the

required
copy

be

Registrar
and

printed

of

the

substituted

memorandum

articles ;

and

(6) on

the registration of the alteration being certified by the and articles shall memorandum Registrar the substituted the in if it were to the manner as a apply same company with such under this Enactment registered comjDany memorandum of and articles, and the company's deed settlement shall cease to apply to the company. alteration
any

An (iii)
or

under

this section of the

may

be the

made

either under

with this

without

alteration

objects of
"

company

Enactment.

(iv) In
any

this section

the

expression
or

deed

of settlement Act

"

includes ment, of Parlia-

contract

of co-partnery
not
or

other
an

instrument
an

constituting or

regulatingthe company, a Royal Charter,

Power to stay restrain of Court
or

Enactment, letters patent.

with

being

jiroceedings.

staying at any proceedings against a company time after the presentation of a petitionfor winding-up and before the making of a winding-up order shall, in the case of a company of this Part where the application to stay registeredin pursuance restrain is by a creditor,extend or to actions and proceedings against contributory of the company. any
respect
to and

280.

The

provisions of this Enactment

and

restrainingactions

Action
on

stayed winding-up

281. be

Where

an

order

has

been

made Part

order.

registeredin

pursuance

of this

commenced or proceeded with in respect of any contributory of the company except by leave of the Court, and subject Court impose. may

winding-uj) a company or proceeding shall or against the company any

no

for

action

debt
to

of the company,
terms
as

such

the

PART WINDING-UP 282. company

"

VIII.

OF

UNREGISTERED of this Part the

COMPANIES.

Meaning
company.

of

For
' '

the

purposes not

unregistered

shall

include

company

Companies Enactment, 1897," of any States,or under this Enactment, but, save partnership,association, or company any
seven

expression unregistered the registered under of the Federated Malay

as

"

aforesaid, shall include

more

consisting of

than

members.

COMPANIES.

255
this Part, any this Enactment,

283.
company

(i) Subject
may

to

the

provisions of
up

unregistered winding-up
and all the
of

be this

wound
Enactment

under with

unregistered

companies.

provisions aj)ply to an
and

of

respect
with the

to

unregistered company,
:

winding-up shall following exceptions

additions

(a) the

Federated in the Malay place of business princijial of an shall, for all the unregistered comjjany of the winding-up, be deemed to be the registered purposes States office of the
company
;

{b) no
(c) the

Enactment

unregistered company voluntarily or

circumstances
up
are

shall

be

wound
to

up

under

this

subject
an
"

supervision ;
may

in
as

which follows
is
or

um'egistered company
that
is to
or

be wound

say

(1) if the
on

company of

dissolved,

has

ceased

to

carry

business,

purpose

carrying on business winding up its a"fairs ; or

is is unable to pay

only

for the

(2) if the
that

company

its debts

or

(3) if the Court

the

is of

opinion that
should

it is

just and equitable

up
;

company company

be wound

(d) an

unregistered
Enactment, (1) if
the
a

shall, for the

to

be

deemed

be unable
or a

of jourposes its debts to pay

this

creditor, by assignment
company is indebted in

otherwise,
sum

to

whom five

exceeding
on

hundred

dollars

then

due, has

served

the

pany, com-

by leaving at its prmcipal place of business, director, or by delivering to the secretary or some or or by principalofficer of the company, manager, otherwise the Court as serving in such manner may under his hand requiring or direct,a demand approve
has the company for three
to pay

the

sum

so

due, and the

service to
secure

company

weeks
the

after the
sum,
or

of the
or

demand

neglected
for it to

to pay

compound
;
or

the

satisfaction
or

of the

creditor has
been

(2) if any action against any

or

other

proceeding

institvited

member be

claimed
in

to

for any debt or demand or due, from the company, of

due,
from
in

him

his
been

character

member,
action

and
or

notice

of the institution A\Titing

of the

having
same

served

on

the

at its it to

principalplace
secretary
or

by company of busmess, or
some or as

proceeding leaving the ing by deliverotherwise

may
ten

the

director, manager,

principalofficer of the in such serving the same

or

company,
manner

by

the
not

Court
within

approve

or

direct, the
service

days after compounded

the action the the
or

of

the debt

company notice
or

has

for the

paid, secured, or or demand, procured

indemnified satisfaction

proceeding
to
or

to be

stayed, or

defendant action

his reasonable and

against
costs,

proceeding,

against

all

256

No. damages,
reason

20

OF

1917.
to
or

and

expenses
same

be

incurred

by

him

by

of the

(3) if
a

execution
or

or

other

decree thereof
as

order

obtained the

issued on process in any Court

company, person
on or

judgment
favour member
to be

in any

of

creditor
as

against
such,
or

any

authorized of the

sued
is

nominal

defendant unsatisfied
;

behalf

company,

returned

or

(4) if it is otherwise
Court that the

proved
company

to

the

satisfaction
to pay

of the

is unable

its debts.

ment Enactin this Part shall affect the operation of any provides for any partnership,association, or company, an or as tered unregisbeing wound up as a company up, or being wound this under Enactment, Enactment repealed by company, any

(ii)Nothing
which

except that
such

references

in

any

such
shall

first-named be read
as

Enactment references

to to

any

repealed if corresponding provisions,

Coutributories in winrling-up of unregistered

Enactment

the

any,

of this Enactment.

284.
up to every pay

(i)In
or

the

event

of

an

person

shall be deemed
to

being wound unregistered company is liable to be a contributory who

of
;
or

companies.

contribute debt
sum or

the

payment
the

(a)

any

of liability

company of the

(h) any
(c) the

for the

adjustment
;
or

rights of
the

the

members

among costs

themselves and
expenses

of

winding
him
in

up

company. to the assets

Every contributory shall (ii)

of the company aforesaid. as all
sums

be liable to contribute

due

from

respect of

any

such

liability

of the death, bankrujotcy,or insolvency of any In the event (iii) with respect to. the contributory, the provisions of this Enactment the and to coutributories personal representatives of deceased shall assigneesof bankrupt or insolvent contributories, respectively apply.
Power Court
or

of

to stay restrain

proceedings.

with respect to staying provisions of this Enactment at any actions and proceedings against a company and restraining time after the presentation of a petitionfor winding-up and before of an unregistered in the case the making of a winding-up order shall, is by a creditor, the restrain where to or application stay company, extend to actions and proceedings against any contributory of the 285. The company.

Actions
on

stayed

\vindin!,'-uii.

for winding-up an made tered unregisshall be proceeded with or proceeding company, in respect of commenced against any contributory of the company and subject leave of debt the of the Court, by except company, any the Court terms to such as impose. may 286. Where
an

order

has

been

no

action

or

Direction

as

to

287.
in

(i) If
a commou

au

Unregistered company
name,
or

has
reason

no

sued certrincaTes.

if for any

to power it aj^pears any

sue

and

be

the Court

may

by

the

winding-up order, or by

exj^edient, subsequent order.

COMPANIES.

257

or movable, part of the property, immovable any to trustees or includingthings in action, belonging to the company, and its behalf, shall vest in the liquidatorby his official name, on

direct that

all

or

thereupon
shall vest

the

property

or

the

part thereof

in specified

the

order

accordingly.

after giving such indemnity, if any, as liquidatormay, action in defend his official direct, name or bring any may to other legalproceeding relating to that property, or necessary or be brought or defended for the purposes of effectually Avindingup the company and recovering its property.

(ii)The
Court

the

288. (i) The provisionsof this Part w^th. respect to unregistered Provisions of any in restriction to and not companies shall be in addition cumulative. with respect in this Enactment contained provisionsherembefore
to

of

winding
The (ii)
in the

up

companies by
or

the Court.

Court
case

act
or

of
or

done

by
this

it

do any exercise any or liquidatormay powers unregisteredcompanies which might be exercised and registered him in winding up companies formed

under

Enactment.

of its An unregistered shall not, except in the event (iii) company under this wound be deemed be to Enactment, a company being up, and then only to the extent provided by this Part.

PART SUPPLEMENTAL. Legal 289. fine may All offences be such

IX.

Peoceedings,
under

Offences,
made

etc.

this Enactment the Court

in jDrosecuted

Class, and
Enactment offences 290.
are

Court

may,

contained,

award

punishable by any Magistrate of the First notwithstanding anything in any other such the full punishment with which
of
a

prosecution ^f offences.

punishable.
Court

The

imposing
or

any

fine under be

this
in at

Enactment
or

may

Application
^'^^^'

of

direct that

the whole of the the

costs

any

part thereof

applied in
or or

towards the suit the

payment

of the
on

proceedings, or
urformation

towards

rewarding

person

whose

whose

fine is recovered, and subject to any such direction this Enactment shall be paid into the Treasury.

all fines under

291. Where is plaintiff in any action or other a limited company in the matter legalproceeding,any Court having jurisdiction may, if it appears to believe by credible evidence that there is reason that those 292. the if successful
company in his will

Costs

in action

Hmited'^'"
companies.

be unable

to pay

the

costs

of the defendant

costs, and

defence, require sufficient security to be given for stay all proceedings until the security is given. may

If in any proceeding against a director, or person occup3ing Power of court of i^ cSes. for negligence or breach fertain position of director, of a company trust it appears to the Court hearing the case that the director or is or may be liable in respect of the negligence or breach person of trust, but has acted honestly and reasonably, and ought fairly to be excused for the negligenceor breach of trust, that Court may the
m"

17

258
relieve
terms
Penalty
false for as

No. him,
the

20
or

OF

1917.
his
on liability

either Court
person

wholly
may

partly, from
proper.

such

think in any

293.

Any

who,

balance return, report, certificate,

statement.

of any of required by or for the purposes the provisions of this Enactment, false statement a wilfullymakes in any material particular, knowing it to be false,shall be liable to extend imprisonment of either description for a term which may
to two years.

sheet, or other

document

Penalty for Improper use

word
"

294.
of

Any
or

any

name

who trade or carry on busmess under person or persons, is the last word, shall,unless Limited title of which
" "

Limited."

be liable duly incorporated with limited liability, dollars for every exceeding fifty day upon which that has been used.

to
name

fine
or

not

title

Eegistrar empowered
in

to

fine for default

filing

documents.

(i)Notwithstanding the provisions of this Enactment of fines,the Registrar is hereby authorized relatingto the recovery in cases in the filing of default of documents, instead of having the fine to Court of a Magistrate,to impose a not exceeding recourse the to be paid into twenty-five dollars and to order the same Treasury forthwith.
shall the If default is made (ii) proceed against the offence committed. in

295.

paying

the

fine

imposed,
of
a

offender

in the

Court

Registrar Magistrate for

the

Transitional
"

Provisions. with

Saving of pending proceedings

296.
for

(i)The

provisionsof
where
to

this Enactment

respect
to

to

windinga more

up

shall

not, except
before such
same

they

are

expressed
of which

have

winding-up.

extended has

meaning, apply

commenced

the

any company commencement

the

winding-up
manner

of this

Enactment.

Every (ii)
and with the

shall be wound up in the same company had Enactment if this incidents as

purposes

not

been

passed, and,
under
in
Saving
of

for the the

of the commenced

winding-up,

the

Enactment
to remain

which

winding-up

shall be deemed

full force.

297.
made

Every
before

instruments.

mortgage, charge, or conveyance, the commencement of this Enactment

other

instrument,

any Enactment Enactment had

instrument,
full force.
Former

the

hereby repealed,shall be of the same been not passed, and, for the purposes to shall be deemed repealed Enactment existing at the of companies registration
under this Enactment. office
commencement

in pursuance of force as if this

of remain

that in

298.
had

(i)Any
for

of
as

this if it

registration office,registers, etc., continued.

Enactment been

shall be continued

established

(ii) Registers of companies kept in any such existing office shall of companies be deemed respectively or registers part of the register to be kejDtunder this Enactment. existingRegistrar and other officers in any such pleasure of the Chief Secretary, hold the hitherto held by them, but subject to any regulationsof the Secretary with regard to the execution of their duties.
shall, during the
The (iii) office offices Chief

COMPANIES.

259

SCHEDULES. Schedule ENACTMENTS

STATE

A. REPEALED.

ENACTMENTS.

FEDERAL

ENACTMENTS.

Schedule TABLE

B. A.

(Sections 3, 13, 14, 67, 274.)

REGULATIONS
FOR LIMITED MANAGEMENT
BY

OF SHARES.

COMPANY

Preliminary.
1. In

these

the

subject or Enactment, 1917,"

at

regulations,unless there is something repugnant in The Companies the context, expressions defined in
"

or

any

statutory modification
become

thereof

in

force

binding on the regulations shaU have the meanings so defined ; and words importing company, words and the singular shall include vice versa, the plural, and words and masculine include the shall females, importing gender
the date
at which

these

importing persons

shall

include

bodies

corporate.

260

No.

20

OF

1917.

Business.
2.

The

directors

shall

have

commencement

of business

regard to the imposed by Section

so

restrictions
87

on

the panies Comare

of

"

The

Enactment,

1917," if, and

company.

far as,

those

restrictions

binding

upon

the

Shares. 3.

Subject

to

the

provisions, if

any,

in

that and

behalf

of

the

memorandum
to any

of the company, specialrightspreviously conferred of association

in

without holders
may

prejudice
of existing be issued

on

the

shares with

the

company,

any

share

in

the

company

such

or deferred, or other specialrights, preferred, of in regard to dividend, voting, return whether as

such share

tions, restric-

or

otherwise,

the

company

may

from

time

to

time

capital, by special
classes with issued

resolution
4.

determine.
time

If at any of shares, the

the share

capitalis
to any

divided

into different

rightsattached
of issue

class

(unlessotherwise
class)may

provided

by
the

the terms
consent

of the shares with

of that

be varied of the

in

writing of the
class,
at
a or

holders the

of three-fourths

of an sanction extraordinary of holders the of general meeting separate such separate general meeting the To every the shares of the class. provisions of these regulationsrelating to general meetings shall shall be mutatis mutandis apply, but so that the necessary quorum of one-third least at two or by holding representing proxy persons shares of that resolution

passed

the

issued

shares

of the

class.
to the

5. No
upon

shares
terms

shall be offered that the

amount

the

public for subscriptionexcept payable on applicationshall be at

amount

least five per cent, directors shall, as with the

of the

nominal

of the of
88
"

share

and

the

regards any provisions of Sections

1917." person whose
name

allotment 85 and

shares, duly comply

of The

Companies register

Enactment,
6. the

Every

is entered

as

member
to
a

in the

of members
common

shall,without
the
amount

payment,

be entitled

certificate under

specifyingthe share or shares held paid up thereon, provided that in respect the company of a share or shares held jointlyby several persons issue and delivery shall not be bound than to more one certificate, of a certificate for a share to one of several joint holders shall be sufficient delivery to all.
seal of the company

by

him

and

7.

If

share
on

certificate

renewed and
on

payment
terms,
fit.

defaced, lost, or of such fee, if any, not

is
as

such think

if any,

to

evidence

be destroyed, it may exceeding one dollar, and indemnity as the

directors
8.

shall be employed in the part of the funds of the company purchase of, or in loans upon the security of, the company's shares. No Lien.
9. The company shall

have

fully-paidshare) for

all moneys

(not being a (whether presently payable or not)

lien
on

every

share

262
17.

No.
The directors
may,

20

OF

1917.
receive from any member fit, uncalled part of the moneys
;
same

if they think
same

willingto advance and mipaid upon

the
moneys
so

the

all

or

any

advance,
six

become

by him any advanced (untilthe may presently payable) pay

shares held the
sanction

and

upon

all

or

any

of

would,
at in

but

for such
rate

interest

such

(not

exceeding, without
per
sum

cent.) as

the

be may in advance and the

of the company between agreed upon directors.

the

general meeting, member paying

Transfer
18.

and

Transmission

of

Shares.

The

instrument

of transfer

be

executed

both

by

the

transferor
to remain

of any share in the company shall and the transferee, and the
a

transferor
name

shall be deemed transferee

holder the

of the

share

until

the
in

of the

is entered

in

registerof

members

resj^ectthereof.
19. Shares
in any

the

company
or common

shall be form

transferred which the

in the

following
shall

form,
approve

or :

in

usual

directors

I, A. B,, of
to

in consideration

of the

sum
"

of dollars the the the

said

do

me by C. D., of hereby transfer

called (hereinafter
to the

transferee

the

said

transferee called

share

numbered

in to

undertaking
the said the

paid ") (or shares) Company,

trators, adminiswhich I

Limited,
held the

hold

unto

transferee, his executors,

several conditions hereof
: on

and
same

assigns,subject to
at the time agree

of the

execution

And

I, the said

transferee,do hereby
to the

to take

the said share

(or shares)subject
19.
.

conditions witness
to
our

aforesaid. hands the

As

day
of,
to
a

of
etc.

Witness 20.
not

the

signatures
may

The

directors

decline
to to

registerany
person

transfer whom

of shares, do
not
on

being fully-paid shares,

and the
may

of

they
also

approve,

also decline has

a

registerany
The

transfer
may

of shares

which the

company

lien.

directors

of transfers during the fourteen registration the preceding ordinary general meeting in each year. decline of transfer to recognize any instrument may

suspend days immediately

The directors unless company in

(a)

fee not

exceeding

two

dollars

is

paid

to

the

respect thereof

; and

(b) the
as

instrument shares

of transfer
to

is

accompanied by
such

the other shew

certificate evidence the

of the the

which
may to

it

relates, and
the

directors transferor
or

reasonably require to
make transfer. of
a

right
of
as

of the 21.
a

The

executors

administrators
persons

deceased the

sole holder
company

share

shall
any

be

the

only
more

recognized by
the
case

having
the
names

title to the of two

or or

share.

In

of

share
or

registeredin
or

holders, the
of the the

survivors

survivor,
shall
any

the the
to

executors

administrators

deceased
as

survivor,

be
title

only
the

persons

recognized by

company

having

share.

COMPANIES.

263

of becoming entitled to a share in consequence the death shall, upon or bankruptcy or insolvency of a member time be required from time such evidence to as being produced may either be the have the to as a member directors, by registered right, in respect of the share of being registeredhimself, to or, instead such the deceased make transfer of the share or as bankrupt or
22.

Any

person

insolvent either
as

person have case,

could the have

same

have

made
to

but

the
or

directors

shall, in

right
in the

decline

they

would
or or

had

case

of

transfer

suspend registration of the share by

before the death
or

the

deceased

bankruptcy
23.

bankrupt or insolvency.

insolvent

person

of the death becoming entitled to a share by reason or bankruptcy or insolvency of the holder shall be entitled to the be entitled he would dividends and other advantages to which same if he were of the share, except that he shall the registeredholder in respect of the share, not, before being registeredas a member be entitled in respect of it to exercise by right conferred any membership in relation to meetings of the company. A
person

Forfeiture 24. the If

a

of

Shares. call
or

member

fails to pay

any

instalment

of

call

on

at any day appointed for payment thereof, the directors may, ment instaltime thereafter time call such of such or as during part any him remains notice a on unpaid, serve requiring payment of so much is unpaid, together with any of the call or instalment as

interest

which The

may

have shall

accrued.
name a

25.

notice

further the date the

expirationof
which
state

fourteen

the that

payment
in

days from required by

of
in

day (not earlier of the notice)on

is to be at
or

than
or

the

before shall
time

notice

made,
before
was

and the

the

event

appointed
26.

the

shares

non-payment respect of which the call

of any
in

made

will be

liable to be forfeited. If the

requirements
share

such

notice

as

aforesaid

are

not

complied with, given

the to may notice

the notice has been respect of which any time before the at any thereafter, payment required by has been made, be forfeited by a resolution of the directors

that
27.

efifect. A forfeited
and in
a as

share

may
manner

be

sold
as

or

otherwise directors forfeiture

disposed
think
may

of

on

such
any
on

terms time

such
or

the

fit, and

at

before
terms

sale

the disposition think

be cancelled

such 28. A

the

directors

fit.

member
remain

to be a whose shares have been forfeited shall cease person in respect of the forfeited shares, but shall, notwithstanding, liable
to

pay

to the

company

all moneys

which,
the if and

at the company

date
in

of forfeiture,were

respect of the
company

presently payable by him to shall cease shares, but his liability

payment
in

when

the

receive

full of the

nominal

amount

of the

shares. 29. A

statutory declaration
of the
company,
on a

in

writing
a

that

the

declarant has

is

director

and stated

that

share

in the

company

been

duly

forfeited

date

in the

declaration, shall be conclusive

264
evidence

No.
of the facts therein

20
stated

OF

1917.

againstall persons claiming to be entitled to the share, and that declaration, and the receiptof the for the consideration, if any, given for the share on the sale company thereof shall constitute a good title to the share, and or disposition the share is sold or disposed of shall be registered the person to whom
as as

the

holder

of the

share

and

shall not if any,

be
nor

bound

to

see

to

the

applicationof the
share be affected
to in reference

purchase money, in the proceedings or invalidity by any irregularity of the share. the forfeiture, sale, or disposal

shall his title to the

30.

in the

of the

these regulationsas to forfeiture shall apply which of any of sum by the terms of issue case non-payment of whether account fixed on time, share, becomes payable at a had if the of premium, as same of the share, or by way amount The

provisionsof

been

payable by

virtue

of

call

duly
Shares

made

and

notified.

Conversion
31. The

of

into

Stock.

directors

may,

with the sanction

convert any

given
may

in

generalmeeting,
the like sanction denomination. holders
same

of the company previously shares into stock, and paid-up

any

with

re-convert

stock

into

paid-up
or

shares

of any

32. The

of

stock

may

transfer

the

same,
same

any

part

thereof, in the
and

manner,

and shares

subject to the
from which

subject to which, previouslyto conversion

circumstances

the

the

stock
as

regulations, as, arose might

thereto
to
or as

have

been

transferred, or

near

admit
amount

the minimum transfer exceed 33. stock

as

from time may ; but the directors of stock transferable,and restrict of that
amount

time

fix

forbid

the

of fractions the nominal

minimum,
of the shares

but from

the

minimum

shall not
arose.

which
to

the stock
amount

The

holders

of stock

shall, according

the

of the

held by them, have the same advantages and other regards dividends, voting at meetings of the company, but no the stock arose, if they held the shares from which matters as such privilegeor advantage (except participationin the dividends shall be conferred of the company) and profits by any such aliquot part of stock as would not, if existingin shares, have conferred that privilegeor advantage. 34. Such of the

and privileges, rights,

regulations of
are
"

the

company
"

relatingto share warrants) as apply to stock, and the words

shall include
"

applicableto
share and
))
"

(other than paid-up shares

shareholder
"

those shall

"

therein

stock

"

and

"

stock-holder.

Share 35. The

Warrants.

share warrants, and accordinglythe issue company may in their discretion, with directors may respect to any share which in is fully paid up, on signed by the person writing application
as registered

holder

of the share, and

may

if any,

as

the of the

directors
person

from the

identity
on

signing
fee
as

if any, certificate,

of the
such

share, and
the

by such evidence, time to require as to the request, and on receiving the of the stamp duty the amount
authenticated
time

the warrant

and under

directors seal
a

may warrant,

from

time

to time

require,issue

the

company's

duly stamped,

COMPANIES.

265
is entitled
or

statingthat the bearer of the warrant and may provide by coupons, specified,
of dividends,
36. A
or

to the shares

therein

otherwise included
to the

other
warrant

moneys,

on

the shares

for the payment in the warrant. shares included

share

shall entitle the shall be transferred

the

bearer

in it, and

the shares and

the

warrant,

provisionsof
of
a

respect to transfer and transmission

37.
Avarrant
sum as

by the deliveryof the share with regulationsof the company of shares shall not apply thereto.
on on

The to

bearer the

share

company may
as

shall, for cancellation, and

warrant time to time in the
a

surrender

of

the

payment

of such
to in

the directors
name

from

have

his

entered

member

be entitled prescribe, registerof members

respect of the shares

38. warrant

included
a

in the warrant. warrant may at any time

The
at
so

bearer the

of

share

deposit the

office of the company, and so long as the warrant deposited the depositor shall have the same right of for of the and of callinga meeting signing a requisition company, of a member the other privileges attending and voting and exercising at any meeting held after the expiration of two clear days from the if his name inserted in the register of time of deposit, as were the in the holder of the shares included members as deposited than one shall be recognized as depositor Not more warrant. person The of the share Avarrant. shall, on two days' written company the deposited share warrant to the depositor. notice, return
remains

39.
as

Subject as
of
a

herein

otherwise

bearer

share
or

warrant,

be entitled to receive or a meeting of the company, any the but bearer of a share warrant shall notices from the company ; and advantages be entitled in all other respects to the same privileges
as

of the company, at a member

attend,

or

expresslyprovided no person shall, for callinga meeting sign a requisition of vote, or exercise any other privilege

if he

were

named in

in the

of register and

members he

as

the be
a

holder member

of the of

shares the

included

the

warrant,

shall

company.

40. terms coupon

or

The
on

directors

may

from

time

to

time

make
new

rules share

as

to

the
or

which, if they shall think

be issued

fit, a
in

warrant

may

by

way

of renewal

case

of defacement,

loss,

destruction. Alteration 41.

be
of

Capital. sanction the share

as an extraordinary capitalby such sum,

The

directors of the

may,

with

the

of

resolution
to

divided

company, into shares

increase

of such

amount,

the

resolution

shall

prescribe.
42. the

Subject to any direction resolution sanctioningthe

issue, be offered
to receive
are

to the contrary increase to

that

may the

be
new

given by
shares of the

of share
persons

all capital,
as

shall, before
offer

such

at

date of

entitled
in

notices

from

the

company

general
to the

meetings
amount

proportion,as nearly as

the circumstances

admit,

The offer existing shares to which they are entitled. and of shares shall be made the number notice offered, by specifying will be which within if time the not offer, accepted, limitmg a deemed to be declined, and, after the expirationof that time, or on of the

266
the made

No.

20
from

OF

1917.
person to

receipt of
that
he

an

intimation
to in such

the

whom

the

ofPer is
may to

declines
same

accept the shares offered,the directors

manner as

dispose of the
the
company.

they

think
so

most

beneficial

The

directors

may

likewise

of the ratio which (by reason entitled to an offer of new shares held by persons the opinion of the directors, be conveniently shares which article, 43. The
new

dispose of any new the new shares bear to shares)cannot,

offered
under in

this

shares the

shall be of the

subject to
shares

the

same

provisionswith

reference

to

payment
as

calls, lien, transfer, transmission,

in the

forfeiture,and
44.

otherwise
may,

share capital. orighial

The

company

by special resolution
its share

(a) consolidate
amount

and than

divide
its

capitalinto
;

shares

of

larger
divide shares

existingshares

(b) by

subdivision

of its
or

existingshares, or
part, of its share is fixed than by
"

any

of them,

the of

whole,
smaller

any amount

capital into
the

memorandum

of association, sub-section 1917

"

subject, nevertheless, to the provisions of of (i) Section 41 of The Companies Enactment,

which,
not at

(c) cancel any shares resolution, have

the

date
or

of the

been

taken

passing agreed to be
with, and

of the taken

by (d) reduce

any

person

its share

capitalin

any

manner

and
consent

to, any

incident

authorized,

and

subject required,by law.

General
45.

Meetings. shall be The held

The the

statutory general meeting of the company

within

period required by
1917."

Section

65

of

"

Companies

Enactment,
46. A

time

in every at such general meeting shall be held once year than fifteen months after the of the last more (not being holding and be place as may preceding general meeting) prescribed by the in generalmeeting, or, in default, at such time in the month company followingthat in which the anniversary of the company's incorporation and such the directors at shall as place, occurs, appoint. In default of a general meeting being so held, a general meeting shall and may be convened be held in the month next folloA\'ing, by any in the same members in that two manner as as as nearly possible be convened the which directors. to by meetings are 47.

The

above-mentioned
; all other

meetings
48. The

generalmeetings shall be called ordinary general meetings shall be called extraordmary.

may,

an they think fit, convene extraordinary general meeting, extraordinary general meetings shall also be convened such be on requisition, or, in default, may convened as by such requisitionists, provided by Section 66 of The time there are not If at any Companies Enactment, 1917." within the Federated States sufficient directors Malay capable of members of the two acting to form a quorum, any director or any

directors

whenever and

"

COMPANIES. in may

267
the be

comjiany
same manner

may
as

convene

an

nearly as

extraordinary general meeting possibleas that in which meetings

convened

by

the directors. Proceedings General

least

at

Meeting, the

49.

Seven

days' notice
or

at the

of (exclusive

day
and

on

Avhich

the notice for which of

is served

deemed

to be

served, but
the

inclusive

of the
the

day
hour

notice
shall

is in

given) specifyingthe
case

place,the

meeting and,
manner,

of
in
as

specialbusiness,
manner

day, general nature

or

of that
in such in

business

be

given
to such to

heremafter be

mentioned,
the the

other

if any,

may

prescribed by
under from the

company

general meeting,
comjiany,

entitled

as are, persons receive such notices

regulationsof the
company
;

but the

non-receiptof proceedings at any

the
50.

the notice

by any member general meeting.

and all that

shall not

invalidate

All business

shall be deemed

specialthat

is transacted at
an

at

an

extraordinary meeting, ordinarj^ tion meeting, mth the exception of sanctioninga dividend, the consideraof the accounts, balance sheets, and the ordinary report of the
directors the and

is transacted

place of those
of the No

auditors, the election of directors and other of the retiring by rotation, and the fixing
shall be transacted
is
;
save

officers in
tion remunera-

auditors.
at any general meeting unless when the meeting at the time

51.
a

business

quorum

of members
to

present
as

proceeds
members 52. If

business

herein
a

otherwise
quorum.

provided, appointed

three

personally present
mthin half
an

shall be from

hour

the

time

for

the

meeting a quorum present, the meeting, if convened upon requisitionof members, shall be dissolved ; in any other case it shall stand adjourned to the same day in the next week, at the same time and if the is not at place, and, adjourned meeting a quorum Avithin half an hour from the time appointed for the meeting, present
is not

the

the

members The

present shall be chairman,

at every is
no

quorum.

53.
as

if any,

of the

board

of directors

shall

preside

chairman 54.

general meeting
such

of the company.
or

If there

chairman,
act
as

if at
time

any

present within
the

fifteen minutes
is

after the

meeting he is not appointed for holding

present

meeting
The

or some

unwillingto
one

chairman, the members

to be chairman.

shall choose
55.
a

of their number
may,

chairman
is

with

the consent

quorum

present, and
from time

shall if so
to

the

meeting

time
at any

business business took

shall be transacted left unfinished When

a

meeting at which meeting, adjourn and from to place place, but no adjourned meeting other than the
directed of any by the from
which the

at the

meetmg

adjournment
more,

meeting is adjourned for ten days or notice of the adjourned meeting shall be given as in the case original meeting. Save as aforesaid it shall not be necessary
any
an

place.

of
to

an

give
at

notice

of

an

adjournment

or

of the

business

to be transacted

adjourned
56.

meeting. general meetmg

on a a

At

any

resolution

put

to

the
a

vote

of the

meeting

shall be decided

shew

of hands, unless

poll is (before

268
or on

No.
the declaration
least

20

OF

1917.
shew
a

of the

result of the and that

a

of

hands)
so a

demanded

by
been

at

three

members,

unless

poll is
has,
on

declaration

by

the chairman

resolution

shew

demanded, a of hands,

lost, and

carried, or carried unanimously, or by a particular majority, or an entry to that effect in the book of the proceedings of the evidence of the fact, without shall be conclusive proof of company, in favour the number or of, or proportion of the votes recorded

against that
57.

resolution. demanded
it shall be taken in such
manner as

If

pollis duly
of the
case

the chairman the resolution

58.
or on a

directs,and the result of the pollshall be deemed

to be

meeting
an

at which

the

poll was

demanded.

In the

of

the chairman poll,

takes second
59.

place or at which or casting vote.

A

of hands a shew on equality of votes, whether of the meeting at which the shew of hands the poll is demanded, shall be entitled to a

poll
of
on

demanded

on

the

election

of

chairman,
forthwith.
at such time

or

on

question
demanded chairman

of

adjournment, shall be other question shall any the meeting directs.

Votes
of

taken be taken

A
as

poll
the

Members. member

60.
one

On

shew On
a

of hands

every

present
one

vote.

pollevery
of
in

member

shall have

in person shall have vote for each share

of which 61.
a

he is the holder.
case

In the

vote,

whether

jointholders the vote or by proxy, person

of the other

of the senior who shall

;

tenders
to

be and

accepted
the

the

exclusion

of the votes

joint holders
the order

shall be seniority in the register of

62.

determined members. of unsound

by

in which

for this purpose stand names

member made
on

mind,

or

in

respect of whom

an

order

has

been

by
a

any

Court

vote, whether
other and
person any

shew
nature

of hands of
or

in the

such

committee,
shall be other
sums

in lunacy, may having jurisdiction or on a poll,by his committee, or that committee Court, a appointed by other person on a poll,vote by may,

proxy.
63. unless

No

member
or

entitled

to

vote

at

any

general meeting
him in

all calls in the On The

a

shares 64.
65.

company

have
nay

presentlypayable by been paid. given

a

respect of

pollvotes
instrument

be

either
proxy

personally or by
shall be in

proxy.

the

hand

of the if

writing, or,
common

appointing appointor or of is the api:)ointor

the hand
as a

writing under
in

his attorney
a an

duly authorized corporation, either under

officer
unless
or

the

seal,or under
No
person
own as

of
proxy

attorney

so

ized. authoron

shall act
to
or

either

he is entitled

his
acts

behalf
proxy,

be he

present and vote at the meeting at which he has been appointed to act at that meeting as

proxy

for

corporation.
instrument

appointing a proxy and the power of attorney if authority, any, under which it is signed or a notarially of that power certified copy or authority shall be deposited at the
66. The other
or

270
73.
moneys company, time any

No.
The
amount
or

20
time

OF

1917.
of

for the raised

being remaining undischarged

borrowed

otherwise exceed of

the

sanction The

of the by the directors for the purposes shall not at by the issue of share capital, without the issued share capital of the company in the company general meeting. than shall

74.

directors

duly comply

with

the

provisionsof

"

The

thereof Companies Enactment, 1917," or any statutory modification in with in for the time and the force, particular being provisionsin of and of the regard to the registration particulars mortgages created by it, and the property of the company, or charges affecting of the directors, and to sending to the Registrar to keeping a register of particularsrelating and annual list of members, an a summary increase of share capital, thereto, and notice of any consolidation or conversion of shares into stock, and copies of specialresolutions, or of any and and notifications of the register of directors a copy therein. changes
75.

The

directors for the

shall

cause

minutes

to

be

made

in

books

provided

purpose of officers made directors

(a) of all

appointments
names

by

the
at

directors each

(b)

of the the

of the and

present
at

meeting
;

of

directors

of any and of

committee

of the all

directors

(c) of all resolutions

company, and

proceedings
the

meetings
committees

of

the of

directors, and

of

directors,
and
every

director shall

present

of directors

sign his

name

at any in

meeting
a

of directors

or

committee purpose.

book

to be

kept

for that

The
76.

Seal. be affixed to any instrument of directors, of the board and of the

The

except by
and such and
shall in the

seal of the company the authority of presence

two

shall not
a

resolution

of at least two
as

directors
may
or

secretary
as

or

other those

person directors

the

directors

appoint
other

for the

and

secretary
to which

sign every
in

instrument presence.

the

person seal of the company

; purpose aforesaid

is

so

affixed

their

Disqualifications
77.

of

Directoks.

The
ceases

office of director
to

shall be

vacated, if the director

of Section
or

(a)

be

director

by

virtue
"

73

of

"

The

Companies (h) holds

that
any

Enactment,
office of

1917

other

profitunder
or

the
;

company
or

except

of

managing bankrupt
lunatic
or or

director
or

manager
;
or

(c) becomes

insolvent

{d)

is found

becomes

of unsound the

mind

or

(e) is concerned
with the

participatesin
:

of j)rofits

any

contract

company that
a

Provided,
reason

however

no

director of any

shall company

vacate

his has

office

by

of his

being

member

which

entered

COMPANIES.

271
for the
vote in

into contracts
is director contract
or :

with
but
a

or

done

any

work
not vote

company shall not

of which
any

he such

du'ector

shall
so

respect of

work, and if he does

Rotation

his vote

be counted.

of

Dikectors. of the
at company

78. the
in

At

the

first

ordinary meeting
from
year

the

whole

of

directors
every

shall retire

and office, of
or

the

ordinary meeting
for the
time

subsequent
nearest

one-third
is not

the
a

directors

being, or,
the number
The 79.

if their number
to

three

multiple of three,
from office. who shall be those
as

then

one-third, shall
in every

retire

directors

to retire

year

have

been
who

longestin office since

became otherwise A directors
agree
on

their last election,but the

same

between

persons

day

those

to

retire

shall,unless

they
80.

among

themselves, be determined
for eligible re-election.
at

by

lot.

director retiring company

manner

shall be the

81. The
retires
a

at

general meeting
fill up

which office

director

in

aforesaid

may

the vacated

by electing

person

thereto.

meeting at which an election of directors ought to places of the vacating directors are not filled up, the meeting shall stand adjourned till the same day in the next week and if the at the same time at and, adjourned place, meeting the places of the vacating directors are not filled up, the vacating had their places filled up, have not directors, or such of them as shall be deemed been re-elected at the adjourned meeting. to have
take
83.

82. If at any place the

The
or

increase
in

time from to time may company reduce the number of directors,and

in may

general meeting
also is to

determine
go out

what

rotation

the

increased

or

reduced

number

of

office.
84.

Any

casual

vacancy at the the

occurring in
the
as same

the

board
so

of directors chosen become he

is
a

may

be

filled up by the subjectto retirement

the

directors, but
director

person

shall

be

time in

if he had

director

on was

day

on

which
a

whose

place

appointed
time
to

last elected 85. The

director. shall have

person next
as an

directors
a

power

at any

time, and
director who

from

time,
from

to

appoint

additional

shall retire but

an

office at

the

shall be additional
86.

for election eligible director.

following ordinary general meeting, at that meeting as by the company

by extraordinary resolution remove any by expiration of his period of office,and may in his stead ; the an ordinary resolution aj^point another person at the so same appointed shall be subject to retirement person time as if he had become the day on which the director on a director in whose last elected a director. place he is appointed was
may

The

Company
the

director

before

PROCEEDmOS 87. The directors

and may meet

OF

DIRECTORS.

adjourn,

otherwise
any

Questions arising at

together for the despatch of business, as regulate their meetmgs, they think fit. meeting shall be decided by a majority

272
of votes.
a

No.
In
or case

20

OF

1917.
votes may, any

of

an

equality of
A

the

chairman
and

shall have

second

the

casting vote. requisitionof a director

directors.
quorum may necessary

director

the
summon

shall, at
for the

time

secretary on a meetmg
business of

of the

88. The the

transaction

of the

directors

be

fixed

by

the

shall, when
89.

the

number

of directors

directors, and unless so exceeds three, be three.

fixed

act notwithstanding any continuing directors may their number is reduced if and so long as body, but, vacancy below the number fixed by or pursuant to the regulations of the the necessary of directors, the continuing as company quorum directors of for of the act mcreasing the number may purpose directors to that number, of summoning a or general meeting of in their

The

the

company, The

but directors

for

no

other elect

purpose.
a

90.

may

chairman

of their

meetings

and

office ; but, if no such period chairman is elected, or if at any is chairman the not meeting present within five minutes after the time appointed for holding the same, the for which he is to hold the directors of the

determine

present

may

choose

one

of their number

to be

chairman

meeting.
directors such
may

91. The fit ;

so

delegate any
or

consistingof
any

member
so

members

of their powers to committees of their body as they think exercise

may

committee conform

formed
to any

shall in the

of the be

powers
on

delegated them by the

92. A chairman

regulationsthat
a

imposed
:

directors.
may

committee

elect

chairman

of their the

meetings
chairman for

if

no

such

present within
the
to
same,

is elected, or five minutes members of the

may any

if at any after the

may

meeting
time

is not

appointed
one

holding
number

the

present

choose

of their

be chairman 93. A

meeting.
meet

committee

and

adjourn
in
case

as

they
an

think

j)roper.

Questions arisingat
of votes the chairman
All acts

meeting
a

shall be determined of

of the members shall have done

present, and
second
any
or

by a majority equality of votes

or

casting vote.
of the
directors
a

94.

by

meeting
any person

of

committee

of directors,or that in the

by

acting as
discovered such

director, shall,
that there
or was

notwithstanding
some

it be

afterwards of any
or

defect

acting as
be
was as

appointment aforesaid, or that they

as

directors
were

persons

any

of them been

if every such person qualifiedto be a director.

valid

had

disqualified, duly appomted and

Dividends 95.
no

and

Reserve.
may

The

dividend
96.

in company shall exceed

general meeting
the amount from
as

declare

dividends, but

recommended
to time

by

the directors.

The
interim

directors

may

time

such

dividends the

appear

to'the

to the members pay directors to be justified by

the

of profits

company. shall be

97. No

dividend

paid

otherwise

than

out

of

profits.

COMPANIES.

273

if any, entitled to shares Subject to the rights of persons, all dividends shall be declared to special rights as dividends, and paid according to the amounts paid on the shares, but if and so long as nothing is paid up on any of the shares in the company dividends be declared and paid according to the amounts of may the shares. No amount share in calls advance of on a shall, paid while carrying interest, be treated for the purposes of this article the share. as paid on
with, 99.

98.

The
out
as

directors of the
a reserve

may,

before the

recommending
such

any
sums

dividend,
as

set

aside
proper

profitsof
or reserves

company which

they

think of the

shall,at the discretion

for
to

be directors,

applicablefor

dividends,
company
may, at

or

may

for any other be properly like be invested

as

the

equalizing profitsof the applied, and pending such application discretion,either be employed in the business of
purpose

or meeting contingencies,

which

the

the company or of the company,

100.

in such may

investments, other than

from
time to

shares fit.
any

the
persons

directors
are

time

think of

If several
any
on one

share

of them share. of any

may

registered as jomt holders give effectual receiptsfor any

that
may

dividend

payable
101. be
to

the

Notice
in

dividend hereinafter

have
to

been the

declared

shall

given
share 102. No

manner

mentioned

persons

entitled

therem. dividend shall bear

interest

against the

company.

Accounts.
103. The

directors

shall

cause

true

accounts

to

be

kept

in

the

English language
of the
and
sums

of money
in

received

and

expended by
such

the company

the matter takes

respect of which

receipt and

ture expendi-

place, and
and

of the
104.

assets

liabilities of the shall be other

company.

The
and fit,

books
or

of account
at

of the
think 105. and to

company,

such

shall

always
and

be open from
what

kept at the registeredoffice place or places as the directors to the inspectionof the directors.
to time

The what
or

directors
extent

shall
at

time times

determine of the

whether under what

and and

places and
books

conditions
or

regulationsthe
shall be
open

accounts to

company not

any

of them

the
not

no being right of inspecting any any

directors,and except
or

member,

inspection of members being a director, shall

or

have the

account

book

or

document

of the

company directors
106.

as

conferred
in

by
at

the company
least in every

authorized or by statute general meeting.

year

by lay

Once

the

directors

shall

before for the

the

general meeting a company period since the preceding account or, in the case since the incorporation of the company, made than six months before such meeting. more
107. A balance

in

profitand

loss account

of the first account, up to a date not laid

more

sheet
in

shall be

made

out

in

before

the company
18

generalmeeting

made

every up to

year date

and
not

III"

274
than
six

No.
months before such

20

OF

1917.
The balance sheet shall be of the
to

meeting.

accompanied by a report of the directors as to the state which they recommend company's affairs,and the amount if of and the dividend, amount, they paid by Avay any, which
to carry to
a reserve

be

propose

fund. balance sheet and

108.

copy

of the

report shall, seven

persons in which

days
are

previously to the meeting, be sent notices of general meetings in the be given hereunder.
Auditors mth shall be

to the
manner

entitled

to receive to

notices

Audit. 109.

appointed
114

and

their
115

duties
"

accordance

Sections
or

and

of

The

regulated in Companies
for the

Enactment,
time

1917,"
in force.

any

statutory modification
Notices.

thereof

being

110. either

notice

may

personally or

address, or, if he has States, to the address, if

given by the company by sending it by post to him no registeredaddress m the

be
any,

to

any

member

to his

Federated

within for the

the

Federated

registered Malay Malay States

to him.

supplied by
Where deemed
a

him

to the company

giving of

notices

notice

to
a

be

posting proved,
111.

letter

by post, service of the notice shall be effected by properly addressing, prepaying, and containing the notice, and, unless the contrary is
is sent been effected
at the
course

to have

time

at which

the letter would

be delivered If
a

in the

ordinary
has
no

of post.

registered address in the Federated address within an supplied to the company Malay of for the notices to him, a notice the Federated giving Malay States in the in a newspaper and advertised addressed to him circulating shall be office of the of the registered neighbourhood company, ment advertisethe which be him the deemed to on to on day duly given
member and States has not
appears.

112. of the
a

notice

may

be the

given by
notice

the

by giving in respect register

A to

share

to

to the joint holders company named first in the joint holder

of the be

share. the of the

company to
or

113. entitled

notice
a

may in

given by

the

persons

share
a

consequence

death

insolvency of

letter addressed

by sending it through the or by the title by name, of the deceased, or trustee of the bankrupt, or receiver of the property like description, at the address, if any, of the insolvent, or by any the purpose States for in the Federated by the supplied Malay has address such an claiming to be so entitled, or (untU persons the in which manner been so supplied)by giving the notice in any if death the been or have insolvency or same bankruptcy given might
member
to them

or banl\;ruptcy in a prepaid post of representatives

had

not

occurred. Notice of
every

114.
manner

general meeting
to

shall

be

given

in

some

hereinbefore

authorized

(including bearers of share address (having no registered

of the company (a) every member who members those warrants) except within the Federated

Malay States)

COMPANIES.

275
address
to

have

not

supplied to
for the
to
a a

Malay
person

States

an company giving of notices

the

within

the Federated also to (b) every

them, and

entitled

or insolvency of insolvency,would

of the death in consequence his but death or for member, who,

share be

bankruptcy bankruptcy or
or

entitled

to receive to receive

notice
notices

other

persons

shall be entitled

No of the meetmg. of generalmeetings.

TABLE

B.

(Sections 257, 269.)

TABLE I. For
"

OF By

FEES
a

TO

BE

PAID
a

TO

THE

REGISTRAR. Capital.

Company
a

having

Share

c.

of registration does
not

company

whose

nominal

share

capital
50 00

exceed
a

$10,000
company

For

of registration exceeds additional of nominal For

whose

nommal

share

capital
amomit

$10,000, the above

share
every

fee of $50 with that

is to

the following

fees,regulated according to the

capital
"

say

$5,000

of

nominal
up to

share

capi. .

$
10

c.

tal,or part of $5,000

For
or

$25,000
share

00

every

$5,000 of nominal $500,000 $5,000 of nominal

capital
2 50

part of $5,000
to every

after the first $25,000

up

For
or

share

capital
0 50

part of $5,000, after the first $500,000

For

of share capitalmade of any increase registration the same of the company, the first registration
per

after fees been

$5,000

or

part of

$5,000,
share

as

would

have formed

payable share capitalat of the original

Provided that
no

if the increased

capitalhad
the time of

part

registration.
in

company

shall be liable to pay

respect

of nominal

share

on capital,

greater amount any in the case account

share

capitalafter
any

afterwards, or registration of fees than $500, taking into of increase of fees payable on an the fees paid on tration. regisregistration

For

registrationof companies as are

payment
Enactment,
a new

existmg
this

by
in
same

company, Enactment

except

such from

of fees the

respect
fee
as

of
is

exempted this under registration for registering charged

company. document
to

For

registering any
or

authorized
or

the

required by this Enactment other than the memorandum registered, the with be filed abstract to required
be the the
.

or Registrar by a receiver or manager required to be sent to the Registrar by in a winding-up

. . . . . . .

statement

liquidator
3
. . . .

00

For

making
or

record

authorized

of any fact by this Enactment required to be recorded by the Registrar

. .

00

276

No.

20

OF

1917.

II. For

"

By

Company
a

not

having

Share

Capital.

of registration
as

company

whose
not

number exceed number

of members,
20
. . . .

stated

in the
a

does articles, company

50

00

For

of registration
as

whose

of members, does
not 100

stated
100

in

the

articles,exceeds

20, but

exceed For

00

of registration
as

stated

to

of members, whose number company exceeds 100, but is not stated articles, tional addibe unlimited, the above fee of $100 with an
a

in the

than For

fee of $2.50 for every 50 members after the first 100. 50 members
a

or

less number

registrationof
members of registration made after the

is stated any

company in the

in

which

the

number

of 200
. .

articles to be unlimited
in the number

00

For

increase

of members

of registration
or

"

that Provided

of every 50 members, increase

. .

in respect the company of 50 less than members,

3 00
.

the shall be liable to pay on company whole a greater fee than $200 in respect of its number of members, the the fee paid on into account taking

that

no

first For

of registration
any

the

company.

registrationof companies as are

of fees payment Enactment, the
a new

existing company,
this Enactment

except

such

by
in
same

respect of
fee
as

is

exempted from under this registration for registering charged

company. document
to

For

registering any
or

authorized
or

the

required by this Enactment the than other randum memoregistered, the with abstract required to be filed
be the the
.

or Registrar by a receiver or manager be to sent the to required Registrar by in a winding-up

. . . . . . .

statement

liquidator
3 00
. . . .

For

making
or

record

authorized

of any fact by this Enactment required to be recorded by the Registrar

. .

00

FORM

C.

(Section 110.)
FORM AND OF STATEMENT INSURANCE OR TO
BE

PUBLISHED AND

BY

BANKING

COMPANIES,
BENEFIT the company

DEPOSIT,

PROVIDENT,
^

SOCIETIES.
is
,

The

share of number
to

capitalof
each. of shares
amount
sum

divided

into

shares The Calls under

1

issued of

is dollars dollars been per share have has been received.

of the
statement

the

made

which

the

of
no

If the

to

capital and

company shares

has

share

the portion capital,

relating

must

be

omitted.

278

No.

20

OF

1917.
shares
. . .

Number

and

amount

of shares
to be

and

1. 2.
. . .

of S
upon

fullypaid
$
as
. . .

debentures
as

fullyor
than

agreed partly paid-up

in cash

issued wise other-

shares
per

which

share

credited

paid

3.
. .

.debenture.

..$...
:

The

consideration

for the intended shares and tures deben-

4. Consideration

issue of those

Names

and

addresses

of (a)

dors ven-

of property

acquired, or purchased or
company

purchased or proposed to be (b) acquired by the

tures) deben-

(a) For
see

definition 81

of vendor
"

Section

(ii) of
81

The

Companies (6)
"

Enactment,
Section

1917." of (iii)

See

The

Companies

Enactment,

1917."

Amount

(incash, shares, or payable to each separate (ifany) paid

or

vendor Amount

(in cash
for any

shares

such

amount

l^ayable for

payable or debentures) ing property, specify(if any) paid or goodwill

or

Total Cash

purchase price $
. . . .

$ $ $ $

Shares
. . . .

Debentures.
. . .

Goodwill
. .

Amount
as or

(ifany) paid
commission for

payable subscribing
or

Amount
,,

paid payable

agreeing to subscribe or procuring or agreeing to procure subscriptionsfor any shares or

debentures
or

in

the

company,

Rate

of the

commission
amount

Rate

per

cent.

Estimated expenses Amount

of

preliminary
be

paid
to any

or

intended

to

Name Amount

of promoter

paid

promoter
for the payment

$
:

Consideration Dates

Consideration

of, and

parties to,
into

every

material
contracts

contract

(other
in

than the

entered
course

ordinary
intended
company

of the
on

business

to be carried
or

by

the

entered before

into

more

than

two

years

the

filing

of this statement) Time

contracts

be

place at Avhich or copies thereof inspected

and

the
may

COMPANIES.

279

Names

and

addresses

of

the'

auditors Full

of the company

^if any)
and

of particulars of the
in the

the nature

extent

interest

director
in the

of every promotion of or
to

property proposed
the
company,

be
or,

acquired by
where director the

interest
in

of

such

a a

consists
in
a

being
nature

partner
and

firm, the
statement

extent

of the interest
a or

of the of all

firm, with
sums

paid
him
or

agreed
the

to

be
in

paid
cash any to
a

to
or

to
or

firm

shares,
or

otherwise, by
to

person

either
to

induce

him
as,

become,
rendered
in

qualify him
or

director, or otherwise

for services

by

him mth

by
the

the firm
tion promo-

connection
or

formation the

of the company contain

any

Whether

articles

Nature

of

provisions

provisions precluding
of shares
or

holders from

debentures

receivingand inspectingbalance
sheets
or or

other

reports of the auditors reports

the persons
or

(Signaturesof
named
as or

above-

directors

proposed
i

directors,
rized
in

of their agents autho-

"writing)
Schedule

J
D.

(Section94.)
Form
"

A.

The

Companies

Enactment,

1917."
to Section 94

Particulars of
a

to be
or

mortgage (a)
a

suppHed to charge created

or

the

Registrar pursuant
the

by

Limited,
of

and

being
issue

mortgage

charge
;
or or

for the

purpose

securing any capital

of

of debentures

(") a

mortgage
company
;
or

charge

on

uncalled

share

the

or

(c) a mortgage
which,
as a

if executed

by an instrument charge created or evidenced tion by an individual, would requireregistraor

bill of sale ;
or

{d) a mortgage
interest

charge
;
or

on

any

land

wherever

situate

or

any

therein

280 (e) a mortgage

or

No.

20
on

OF

1917.
book debts of the company
or

charge
on

any the

or

(/) a
Strike

floating charge
company.
out

undertaking

property
do not

of

the

the sub-heads for of

a

which or [a),(b), (c), (d), (/), (e),

apply.

Presented Particulars

filing by
mortgage
or

charge

created

by

the

Limited

A
as

description of
the
case

the

instrument
be

"

e.g., trust,

deed,

mortgage,

debenture,

etc.,

may

be, should

given.

(Signature) Designation
of

position in

relation

to the

company.
Date

Form
"

B. 1917."

The

Companies Enactment,
to

Registrar pursuant to Section containing, or giving by reference other to any instrument, charge, to the benefit of any which the debenture holders of the said series are entitled pari passu created the Limited. by
to

Particulars

be

delivered of

the

94, relating to

series

debentures

Presented Particulars

for of

filing by
a

series

of debentures

created

by

Limited

(Signature)
.

Designation

of

positionin

relation

to the

company. Date.
.

COMPANIES.

281
E.

SCHEDUI-E

(Section 120.)
Form

A. OF A

MEMORANDUM

OF LIMITED

ASSOCIATION BY
is

COMPANY

SHARES.
"

1st.

"

The

name

of the

company of

The

Eastern

Steam

Packet

Company,
2nd. S
"

Limited."
The

registered office objects

for

the

company

will

be

situate

in

clangor.
3rd.
"

The

which

the
and

"

the

conveyance

of passengers

company goods in

is

established
or

are,

ships

boats

between

such
the

places as the doing all such

of the
The
"

time from determine, and to time company may other to the things as are incidental or conducive

attainment

above

object."
the members is limited. is dollars
two

4:th. 5th.
"

of liability

The

share

capital of
into
one

thousand each.

divided

the company shares thousand

hundred dollars

of two

hundred

We, the several

are

persons

whose

names a we

and

addresses

are

subscribed,

desirous

of

being
in

formed

into

memorandum
number

of association, and of shares

names.

of this in pursuance company, respectivelyagree to take the

the

the

capital of

company

set

opposite

our

respective

Number

of shares

Names,

addresses,

and

descriptions of

taken

subscribers.

by

each

subscriber.

1. John 2. 3. 4. 5. 6. 7.

Jones Smith

of Kuala of of of

Lumpur,

Merchant

200 25

John Thomas John Caleb Andrew Caesar

Green

30
40 15

Thompson
White Brown White of of

of

5 10

Total

shares

taken

325

Dated Witness

the to the

day
above

of
,

19
. . .

signatures, Lumpur.

A, B. of No.

5, Klyne Street, Kuala

Form

B. OF ASSOCIATION AND OF NOT A

MEMORANDUM COMPANY HAVING

A

AND
LIMITED

ARTICLES BY CAPITAL.
or

GUARANTEE,

SHARE Memorandum

Association. is
"

1st.

"

The

name

of the

company

The

Mutual

Selangor

Marine

Association,Limited."

282
2nd. The

No.

20

OF

1917.
company
will

"

registered office objects

insurance

of the

be

situate

in

Selangor.
3rd.
"
"

The

for

which of
all such

the

company
to

is

established, members of

are,

the

mutual and
to The

company,

the the

doing
attainment

conducive 4:th.
"

ships belonging other things as are of the above object."

is limited. undertakes

the
or

incidental

5th.

"

liabiUtyof Every member

the members

the assets he is debts

a a

of the company within member, or liabilities of the and

the

of the company in the event

one

to contribute

to

of its

being

wound

up

while of the
to be

year

afterwards, for payment

contracted before
he
ceases

and

company

member,
such

for the

adjustment
amount

of winding-up, and costs, charges, and expenses selves, themof the rights of the contributories among
as

may

be

required not exceeding

names a

one

hundred

dollars.

We, the several persons

are

whose

and

addresses
in

are

subscribed,
of this

desirous

of

being

formed

into

company,

pursuance

memorandum

of association.

Names,

Addkesses,
Jones Smith

and

Descriptions

of

Subscribers.

1. John 2. John
3.

of Kuala of of of

Lumpur,

Merchant.

Thomas

Green

4. John 5. Caleb
6. 7.

Thompson
White of Brown White of of

Andrew Caesar

of

Dated Witness

the
to the

day
above

19
,
. . .

signatures, Lumpur.
TO OF
of

A. B. of No.

5, Kljoie Street, Kuala

OF ASSOCIATION

ARTICLES PRECEDING

ACCOMPANY ASSOCIATION.

MEMORANDUM Number

Members.

1. The consist

for the purpose company, members, of five hundred directors of the hereinafter

of

is registration,

declared

to

2. The business members.

mentioned

may,

whenever increase

the of

association

requires it, register an

of

Definition 3.

Members.
to

Every

member pursuance

shall be person who of the company of the

deemed
insures

have

agreed
share

to in

become
a

regulationshereinafter
General

any ship or contained.

ship

in

Meetings. held
at such

4.

The

first general meeting shall be

one

time, not

being

less than

month
company,

nor

more

than at

three

months

of determine.

the

and

such

place,as
once

after the tion incorporadirectors the may

at such

generalmeeting shall be held than fifteen months (not being more

5. A

in every

year

time last

after the

holding

of the

COMPANIES.

283

be prescribed by the preceding general meeting) and place as may in generalmeeting, or, in default, at such time in the month company the anniversary of the company's incorporathat in which tion folloA^-ing such and at place, as the directors shall appoint. In occurs, default of a general meeting being so held, a general meeting shall be convened next be held in the month following,and may by any in the members as same mamier two nearly as possible as that in which by the directors. meetings are to be convened above-mentioned 6. The generalmeetings shall be called ordinary aU other general meetings shall be called extraordinary. meetings ; whenever 7. The directors may, they think fit,and shall, on a five in made or more members, convene requisition writing by any an extraordmary general meetmg. made 8. Any requisition must state the object of by the members and be must be signed by the the called, meeting proposed to office of the company. and deposited at the registered requisitionists 9. On

receipt
to
convene

of

the
a

they do not proceed to twenty-one days from the date of meeting the the requisition or requisitionists being so deposited, any other five themselves convene a meeting. members, may proceed
cause a

requisitionthe general meeting :

wtliin

directors if

shall

forthmth

to be

held

Proceedings
10.

at

General

Meetings.

Seven hour of the

and

the

days' notice of meeting,

or

at the

least,specifyingthe place,the day,

case

and

in

of

specialbusiness
the members if any,
; manner,

the
in
as

general
manner

nature

business, shall be given to

in such ia

hereinafter

mentioned,
the notice

other

may

be

prescribedby
of such
at any 11.
a

company

generalmeeting
shall not

but

the

by any member generalmeeting.

All business shall be and

invalidate

the

non-receipt proceedings
at
an

deemed all that

specialthat

is transacted at
an

extraordinary meeting, the exception of the consideration of meeting, mth balance sheets, and the ordinary report of the directors
is transacted the election

ordinary
accounts,

the
and

auditors,
of those of the

of directors

and
the

other

officers in

the

place

retiringby
auditors.
12.

rotation,

and

fixing of the
at any

remimeration

No

business

shall be

transacted
unless
a

meeting except
is

the

declaration
at the

of

dividend,
of
"

quorum

of members

present

commencement
as

ascertained
at the time

follows

that

of the

meeting

the The business. shall be quorum is to say, if the members of the company do not exceed the quorum ten in number, be added
to to the above
one

shall be five ; if they exceed there shall ten five for members additional one quorum every for every
that
no

ten quorum

additional

members
case

after exceed the

time

up with fifty,

and fifty,

this limitation,

shall in any
one

thirty.
the

13. If within
a

hour

from

quorum the requisition of the it shall

same

of members

is not

present,
same

apj)ointedfor the meeting on meeting, if convened

;
m

members,
the

shall be dissolved

any

other

case

stand

time

adjourned to and place ; and

is not

of members

day in the followingweek at the if at such adjourned meeting a quorum present, it shall be adjourned sine die.

284
14. The

No.
chairman,
if any, such
of

20
of the

OF

1917.
shall

directors

presideas

chairman

at every 15.

general meeting
is
no

of the

company.
or

If there
at the
some one

chairman,
the to

present
choose
16. the

time

holding
with

same,

if at any meeting he is not the members present shall

of that

of their number
may, time to

be chairman of the

meeting.

The

chairman from

meeting
shall

time at

business business

be transacted

left unfinished

at the

meeting, adjourn place to place, but no any adjourned meeting other than the meeting from which the adjournment
and from
a

the consent

took
17.

place.
At
any

three been

members,
carried

general meeting, unless a declaration by the

an

poll is

demanded that
a

by

at least

chairman

resolution

has

and

entry
be

to that

effect in the
evidence

book

of the

proceedings
in favour

of the

proof or against the

18. taken

shall company, of the number or

conclusive

of the recorded

fact, without
of

proportion of
in
manner

the votes

resolution. demanded
as

If

poll is
manner

aforesaid, the
directs, and
of the
the

same

shall be which

in such

the chairman
be

result of the
at

poll shall be the pollwas

deemed demanded.

to

the

resolution

meeting

Votes
19.

of

Members.
one

Every
If any
or

member member
other

shall have
is
a

vote
or

and idiot

no

more.

20.

lunatic

he

may

vote

by

his

committee,
21.
.

legal curator.
to vote at any to the may

No

member due from

shall be entitled him

moneys 22.

company

have

been

meeting paid.

unless

all

On

poll votes
be if such

proxy

shall

appointor, or
seal.
23.

given either personally or by proxy. of the appointed in writing under the hand appointor is a corporation,under its common
be
act to
as a

No he

person
is

shall

unless

appointed

act

unless he is proxy the at meeting as

member,
proxy for

or a

corporation.
The
instrument company

appointing him
not

shall be

office of the
of

less than
he
a

deposited at the registered hours before the time forty-eight

proposes
proxy to vote.

holding
24.

the

meeting

at which

Any
:

instrument

appointing

shall be in the

following

form

Company,
of
in the State

Limited.
member
as

of

being a
of
the
at

of the
my proxy, to

Company,
vote
as

Limited, hereby appoint

me

for
case

and
may

on

my

behalf

(ordinary or

extraordinary,
be held
on

the

day Signed

of

to he)general meeting of the company and at any adjournment thereof.

the

this

day

of
,

19
. . .

Directors.
25. The

number

of

the

directors, and

the

names

of

the

first

directors, shall be determined

of association.

by

the

subscribers

of the

memorandum

286

No.

20

or

1917.
C. OF ASSOCIATION AND OF HAVING A

Form

MEMORANDUM COMPANY A SHARE

AND LIMITED CAPITAL.

Memorandum

ARTICLES BY

GUARANTEE,

of

Association.
is
"

1st.

"

The

name

of the

company of the

The

Malay
will

States

Hotel

Company,
2nd.
"

Limited."
^The

registered office

company

be

situate

in

Selangor. objects for which the facilitating travellingin providing hotels and conveyances
3rd."
The
"

the the

company Federated

is

established

are

accommodation
are

of travellers, and
or

by sea the doing

attainment

incidental 4:th.
"

conducive the

to the

Malay States, by by land for the all such other things as of the above object."
and
to contribute to

The

of liability member

members

is limited.

5th.

"

Every
member,
and

of the company
in the
one

undertakes of its

the assets he is debts be

same a a

of the company within or liabilities of the and

event

being

wound

up

while

year

afterwards,

contracted company, and the member, costs, charges, expenses and for the adjustment of the rights of
amount

of the for payment before Jie ceases to of

the

^\dndingup

the

contributories

amongst themselves, such twenty dollars.

6th.
"

asmay

be

required,not exceeding

The

share

capitalof
each.

the

thousand hundred dollars

dollars, divided

dred shall consist of five huncompany shares of one five thousand into

are

We, the several persons whose names into a desirous of being formed
of association, and of shares
: we

and

addresses

are

subscribed,
of this take
the
our

memorandum number

in pursuance company, to respectively agree

in

the

capital of

the

company

set

opposite

respectivenames

Dated Witness

the to the

day
above

of
,

19
. . .

signatures, Lumpur.

A. B. of No.

5, Klyne Street, Kuala

COMPANIES.

287

ARTICLES PRECEDING
1. The share

OF

ASSOCIATION

TO OF

ACCOMPANY ASSOCIATION.
of five hundred of
one

MEMORANDUM

capitalof

the into

company

shall consist
shares

thousand

dollars, divided

five thousand

hundred

dollars each.
2.

The

directors

meeting,
3.

reduce

the

with the sanction of the company may, of shares in the company. amount

in

general general
191 7,"

The

directors

meeting,

cancel

with the sanction of the company may, the shares to belonging company. any A

in

4. All the article of Table shall be deemed

to the company. to

of

"

The

Companies Enactment,
these

be

with incorporated

articles and

to

apply

Names,
1
.

Addresses,
John John
Thomas

and

Descriptions

of

Shareholders.

Jones Smith

of Kuala of

Lumpur,
,,

Merchant.

2. 3. 4. 5. 6. 7.

Green

of
,,

John Caleb Andrew Caesar

Thompson
White Brown White of

of
,,

of
,,

of
,,

Dated Witness

the
to the

day
above

of
,

19
. . .

signatures, Lumpur.

A. B.

of No.

5, Klyne Street, Kuala

Form MEMORANDUM OF AN AND UNLIMITED

D. OF HAVING ASSOCIATION
A

ARTICLES COMPANY

SHARE

CAPITAL. Memorandum
1st. The
of

Association.
is
"

"

name

of

the

company

The

Patent

Stereotype
be situate in

Company."
2nd.
"

The

registered office objectsfor

which

of

the

company

will

Selangor.
3rd.
"

The

the

company

is established and

"

are

the

working of a patent method method plates,of which patentee."

of

founding
of Kuala
,

casting stereotype Lumpur, is the sole

288
We,
of the several

No.

20

OF

1917.
are

being formed

whose persons into a company,

names

subscribed,
to

are

desirous of

in pursuance

of this memorandum take the

our

of association, and we respectively agree shares in the capital of the company set
names.

number

opposite

respectiver

Number

of shares

Names,

addresses,

and

descriptionsof

taken

subscribers.

by

each

subscriber.

1. John 2.

Jones Smith

of Kuala of of of

Lumpur,

Merchant

3 2 1 2 2

John

3. Thomas 4. John
5.

Green

Thompson
White Brown Brown of of

Caleb

6. Andrew 7. Abel

of

1 1

Total

shares

taken

12

Dated Witness

the
to the

day
above

of
,

19
. . .

signatures, Square, Kuala Lumpur.

A. B. of No.

6, Old Market

ARTICLES PRECEDING
1. The

OF

ASSOCIATION MEMORANDUM

TO OF
is
one

ACCOMPANY
ASSOCIATION. thousand dollars

THE

share
into two

capitalof
hundred

the

company

twenty

dollars,
each.

divided
2. All

shares A

of of

hundred

the

articles of Table
to be

1917," shall be deemed

"The Companies Enactment, and to incorporated with these articles,

apply

to the

company.

Names,

Addresses,
Jones Smith

and

Descriptions

of

Subscribers.

1. John 2. John
3.

of Kuala of

Lumpur,
,,

Merchant.
,,

Thomas

Green

of
,,

,,

4. John
5.

Thompson
White of

of
,, ,,

,,

Caleb

"

6. Andrew
7.

Browoi Bro"s\Ti of

of
,,

"

Abel

,,

,,

Dated Witness

the
to

day
the above

of
,

19.

signatures,
Market

A. B.

of No.

6, Old

Square,

Kuala

Lumpur.

COMPANIES.

289

Form

as

required

by

Part

II

of

the

Enactment.

(Section29.) Summary
Limited,
made of
share up
to

the

capital and day

of the

shares

of

day
19..).
Nominal
Total

after the

date

first

Company, teenth (being the fourordinary general meeting in

19.
.

of

the

share
number

capital $
of shares 19.
.

divided
. .

into

shares

of

each

taken

up

to the

day
must
as

of

(which

number list

agree with the total shown held by existing members) of shares

in the

Number
Number
C 3.8x1

issued issued
"" ""

subject
as

to

payment
up

wholly

in cash

of shares
""

fullypaid
"" ""

otherwise
"" '"

than

in
*"

Number
of
2

of shares
per has has has been been been share

issued

as

partly paid
than

otherwise
on on on

up in cash
. .

to

the

extent

There
There

called up called up called up

of

each each
each

of of of

shares
shares

S
. . . . . . . .

S $ $

There Total

shares
. . . .

amount

calls

received,
. .

including payments
. . . . . .

on
.

applicationand
Total

allotment

amount,

shares

if any, which

agreed
have
.

to

be

considered
as
.

been
.

issued
. .

paid fully paid

as
. . .

on

up
" .

otherwise
Total

than

in cash

amount,
shares
extent

if any,
which of

agreed
have per

to

be

considered
as
.

been share

issued
. .

paid partly paid

as
. . -

on

up
. .

to the Total Total in

$ $

amount

of calls if any,
shares date

unpaid
of
or sums

amount,

paid by
or

way

of commission

respect of
since

debentures

allowed
. .

by
. .

way

of
. .

discount
Total Total
are

of last summary

S
$

amount,
amount

if any, of shares

paid
and
. .

on

""

shares for which

. . .

forfeited
.

stock
. .

sliare warrants
. . " . .

outstanding
amount

S $ S

Total

of

share date
or

warrants

issued

and
. .

surrendered
. . . "

since respectively

of last summary

Number
share Total all

of shares
warrant amount
. .

amoimt
. . .

of stock
. . .

comprised
. . "

in
"

each
" "

of debt and
the
shares
or

due

from

mortgages

with registered
1

charges Registrar
of
state

respect of company Avhich are required to be

the
in
. . . . . . " "

When

there
or

are

different the

kinds and
or

or

amounts nominal there

are

(e.g., Preferencs
values shares

and
2

Ordinary,
Where
state

"1

$5),

numbers called

respectively.
of different

various
them what the

amounts

have

been

kinds,
3 *

separately.
has been

Include State
Ill"

received
of

on

forfeited

as

well

as

on

existing

shares.

aggregate

number

shares

forfeited, if any.

19

290
Statement
in the
,

No.
form
of
a

20

OF

1917.
sheet made
to

balance

up

the

day

of

19..,
assets be

contamhig
of the

the

particulars of

the

capital,

and liabilities, The of the

return company.

company.

must

signed at

the end

by

the manager

or

secretary

Presented

for

filing by Company,
of persons of the last return, who

List
on

of persons

holding
of
any time

shares 19.
,
.

in and
,

the

Limited,
have

the therein
names

day
at

held

shares their

since

the date
an

shewing
held.

and

addi-esses

and

account

of the

shares

so

Names,

Addresses,
Occupations.

and

Account

op

Shares.

2 2

Particulars the date

of of

Particulars the
date

of of

shares

transferred

shares
since

transferred

since

tlie last return

by
are

the

last return be

by
have Remarks.

a
a
c3

who persons still members.

a p. 3 o
0}

who persons to ceased members.

P.

I
o

"o 2 S
11
'^

a
^

/2

0.2
u r/i fi.'

CD

a
2
U,

-r^

+:"

60
" u

The
be total

must
one
2

number of shares aggregate (;ohimn must the stated, and agree of date of shares
name

held,
be the

aiul

not

the

distinctive
so as

numbers,
to

added

up

tliroughout
have been

make up.
as

to

with

that

stated of
on

in

The

registration
transferred of the the

each each

to summary .should transfer

taken well bo

number

date. and
not

The

opposite
but the

the
name

transferor may

be given as particulars should opposite that of the in the

"

the

placed
column

transferee,
"

of

transferee

I)e insciicd each

Remarks
bo may shewn

the immocliately of)j)osite

^

particulai'sof
of different

transfer. columns may be

Wii("n the

the

.shares

are

classes, these
or

subdivided

so

that

number

of each

class held

transferred

separately.

COMPANIES.

291

Names the

and

addresses

of

the
on

persons

who

are

the of

dkectors
19.
,
.

of

ComjDany,

Limited,

the

day

Names.

Addresses.

Note.
"

Banking

companies

must

add

list

of

all

their

places

of

business.

(Signature)

(State

whether

manager

or

secretary)

Form

F.

(Section

22.)

LICENSE

TO

HOLD

LANDS.

The hold
to

Chief the lands lands

Secretary
hereunder
not

to

Government
described in

hereby {insert
the whole

licenses

the

to

descri'ption
acres].

of

lands)

[or

hold

exceeding

The

conditions

of

this

license

are

(insert

conditions,

if any).

Chief

Secretary

to

Government.

ENACTMENT

NO.

22

OF

1917.

An

Enactment

to

provide

for

the

Supervision
Work

of

Aliens in the

engaged
Federated

in

IVIissionary or Malay States.

Educational

Arthur

Young,
President

[30th November,
the

1917.

of
is

Federal

Council.

7th

December,

1917.]
should be other

Preamble.

Whereas exercised
than British

it

expedient
the

to

provide Malay
of the

that States
Ruler
or

supervision
over

within

Federated
or

persons,

subjects

subjects
in

Malay
said It
in is

States,
States
:

engaged

missionary

of any of the Federated the in educational work

hereby
as

enacted follows

by
:
"

the

Rulers

of

the

Federated

Malay

States

Council 1. This

Short
commence-

title

and

Enactment

may

be

cited and

"

as

The
come

Supervision
into

of
on

Alien
the

ment.

Missionaries

Enactment,
thereof
in

1917,"
the Gazette.

shall

force

publication
Interpretation.

2. other

For than

the
a

purposes

of this

Enactment
or a

"

alien of the

"

means

any

British

subject

subject

Ruler

of

any

person of the

Federated
Kg in alien
or

Malay
alien work
at any

States.

to

land the

3.

No

desiring
in the

or

intending
enter

to

engage

in

missionary
land
or

or

enter

Federated

educational

Federated
or

Malay
the

States said

shall

embark disat

Malay
without

States

permit.

port

thereof

States

by

railway

any

place
[a)
unless him

he
to

has
enter to

in
on

his

possession
work
the in

permit
the

in

writing Malay
months in the

enabling
States

such within

Federated
six

granted
from

him

previous

by

the

rejjresentative
which
he

of

His

Britannic
;

Majesty

country

he

proceeds
the
or

and Master official

or

(6)

until the train

has
of

satisfied

Harbour the

his

deputy
of

at the
as

port

landing
he

railway
the is the

in

charge

by
case

whicli
may

enters

Federated person

Malay
referred of any

States,
to

the

be,
has

that

he

in

the

permit
to
Penalty
breach Section for of 3.

and

obtained
or

the

permission

such

officer

his such

landing
alien
as

entry.
is

4.

Any
be

referred
States

to

in

Section

landing
of that

in section
as

or

entering
shall Harbour rank deemed of

the

Federated
to

Malay
dealt with

in contravention detained any in such

liable

be
or

and
or

manner

the the
bo

Master

his

deputy

police
whilst

officer
so

not

below shall

direct, Inspector may be in legal custody. to

and

detained

292

294

No.

22

OF

1917.

Euies.

10.

(i) The
the

Chief classes and

Secretary
of
persons

to

Government liable
to into
as

may

make
returns
or

rules

for

defining permission,
this before
any

make effect

obtain of

generally
and of
and may
a

for

carrying
rule

the

provisions
on

Enactment,
the rule Court made

by

prescribe
of
the

penalty,
Class,

conviction

Magistrate
under
not
or

First section
one

for

breach

of of
not

published
for
a

this

imprisonment
year,
or a

either

descrijotion
one

term

exceeding
both.

fine

exceeding (ii)
Gazette. All

thousand made

dollars,
under this

rules

section

shall

be

published

in

the

Schedule.

FORM

OF

RETURN.

1.

Name

in

full

{designation

to

be

stated,

Reverend,

Mr.,

Mrs.,

or

Miss,
2.

etc.)

Parentage,
(a)

that

is

Father's Mother's address

name

in

full
in

(b)
3.
4. 5. 6. 7. 8.

(maiden)

name

full

Present Date Place of and

birth

country

of

birth

Nationality
Whether If holder whether and if so, of
a

passport

from has

his served

(her)
in

Government the armed forces of

male,

applicant
how
in

his
9.

country,
Whether

long
the British

previously
with

Empire,

and

if

so,

places

of

residence,
10.

dates mission educational

Name

of

or

body

to

which

applicant

is

attached 11. 12.

or

Place,
Name

town,
and
not

or

district of than

in

which

he

(she)

is

working

address
more

persons

(i)

persons, will

three,
as

|
,..,

who

furnish if

information
to

to

'

applicant,

ajoplied

J (iii)

ENACTMENT

NO.

23

OF

1917.

An

Enactment

to

provide

for

the

Improvement
[30th November,

of Towns.

Arthur

Young,
President

1917.

of

the Federal

Council.

7th

December,

1917,]
States

It in

is

hereby
as

enacted

by
:
"

the

Rulers

of

the

Federated

Malay

Council

follows

PART

I.

PRELIMINARY. This Enactment

1.

may

be

cited
come

as

"The

Town upon

Enactment,
thereof 2.
"

1917,"
the

and

shall

into

force

the

Improvement publication

short

title

and

mMit!^"*^*

in In

Gazette. Enactment
"

this

unless
an

the

context

otherwise solicitor of

requires
the

"

interpretation.

Advocate
;

means

advocate

and

Supreme

Court
"

Chairman,"

"

Health

Officer,"
those

the

meanings assigned to Enactment, Sanitary Boards

"

street building," and expressions, respectively, in

"

"

"

"

have
"

The

1916

;
"

Collector"

and

"

State

land
in

have
"

the Land

meanings
Enactment,

assigned
1911
"

to
;

those
and
"

expressions, respectively,

The

Sanitary
of

Board
"

"

means

Sanitary

Board

appointed
1916."

under

the

provisions

The

Sanitary

Boards

Enactment,

PART

II.

IMPROVEMENT

SCHEMES.

3.
Board

Subject
shall,

to

the

provisions
the
area

of

this
to

Enactment,
its

every

Sanitary
power

Powers

of

within

subject
and
;

control,

have

loTrdsf

(a)

to

initiate,
under this

execute, Enactment for

as

enforce

improvement

schemes

(6)

to

administer
such

the

purpose from
;

of such
to

improvement
be

schemes
its

funds
the

may

time and be

time

put

at

disposal

by (c)
to

Government

do due

all such

things as discharge of any

Enactment.

may

necessary

or

proper to

for
it

the

of

the

functions

assigned

by

this

295

296
Matters to be

No. improvement
:

23

OF

1917.

4. An

scheme

may

provide

for all

or

any

of the

provided for in improvement

schemes.

following matters
(a) The

by purchase, exchange, or otherwise, of acquisition, affected for or by the execution property necessary
scheme
;

any

of

the

(h)

The

relaying out
redistribution

of any

land

comprised
whomsoever
;

in the

scheme

(c) The
are

of sites, to
in the scheme

belonging, which
ings, dwell-

comprised
closure
or

{(1)The (e) The (/) The (g) The

the

demolition

of

dwellings,or portions of
;
or

vmfit

for human of
not any

habitation

demolition does

building
to the

portion
;

of

building

which

conform and

scheme of

construction
or sale,letting,

reconstruction

buildings;
in

exchange
alteration

of any

property comprised
and back
streets

scheme

(h) The
(/) The
.

construction

and

of streets

lanes
so con-

draining,water
or

supply, and
;

lighting of
the
any

structed

altered

for (j) The provision of open spaces of or comprised in the scheme the enlargement of existingopen

benefit

of

any

area

adjoining area, and spaces and approaches

the
area

(k) The

sanitary arrangements
scheme
;

required for
for
execution purposes

comprised displaced
scheme scheme
; ; ;
or

in the

(/) The provision of accommodation likelyto be displaced by the

(m) The (n) The (o) Any
advance of money for the

persons

of the of the

provision of
other
matter in

facihties

for communication

for which, in the which

the
area

of the

State

opinion comprised

of the
in the

Resident scheme

is situate, it is to the

expedient to make improvement of such area or

scheme.

with view a jjro vision to the generalefficiency

of the
Power
out
a

to carry scheme in

concurrence

5. (i) An improvement scheme may part thereof being carried out by, any the
owners

provide
or

for the
the

scheme

or

with

concurrence

of,
the such

with
owners.

property

superintendence
terms

of any and

propertiescomprised in the scheme control of the Sanitary Board and

as

under
upon

and

conditions

may

be

embodied
in any

in the

scheme. for the

(ii)Where
of any
may,
to

provision is

made

scheme

of the scheme, the property for the purpose in lieu of such acquisition, the with oAvner agree

acquisition Sanitary Board

be

acquired
to such

that

the

scheme
be

relates

property,
and
as

or any carried out

part thereof

of the property shall, so far as it

owner

superintendence
and
Types of Improvement
schemes. or

control
be

of the

by such Sanitary Board

under such

the terms

upon

conditions

may

agreed

upon.

6. An
may

improvement
combine thereof
"

scheme
two
or

shall be
more

of

one

of the

any

of such
:

types

or

followingtypes of any special

features

that

is to

say

TOWN

IMPROVEMENT.

297

(a)

general improvement
redistribution scheme
;

scheme
;

(6) A
(c)
A

rebuilding scheme
street scheme lane
;

{d) A
(c)
A

back

scheme

(/) A

building scheme.
it appears ^^
.

7. Whenever
area

to
^

anj^

Sanitary

Board

that, mthiii

the

General improvement
scheme.

subject (a)
any

to

its

control,
or are

be
or

buildings which are used, used, as dwelling places are

to
or

intended

or

likelyto

unfit for human

habitation,

(6) danger
area

the in

health
any

of the

inhabitants

of

neighbouring building is
closeness,
of streets
area,
or or

buildings in caused by

any

(1)

the

narroA\Tiess,

and

bad

arrangement
or

and

condition

buildings

groups

of

buildings in such
(2)
the want in

of such

light or
area,
or

ventilation

or

proper

ences conveni-

(3)
and
that the

anj'

other

sanitary defects

in

such

area,

most

connected
is
a

with

such

of dealing with satisfactorymethod the defects in and sanitary buildings

the such

evils
area

general improvement
effect that such
area

scheme,
is
an

the

Board

may
area

to the

insanitary
be

pass and that

resolution
a

general
area

improvement
and
may then

scheme

ought
to

to

framed
a

in

respect of such

proceed

frame any

such

scheme, shall be of

8. (i) In any case that in connection make

scheme purpose.

in which with for

a

Sanitary Board
scheme

opinion
to
a

Redistribution
^'^ ^''"^'

any
a
"

improvement
redistribution redistribution

it is desirable

arrangements

(herein

called

of sites, it may scheme ") for

frame
the

said

requirements : following principles

to

(ii)A subject (a)

redistribution
the

scheme of

shall,

so

far

as

practicable, and
based
upon

special cases,

be

the

The all
or

amalgamation,

for the
the

same sites, whether whatsoever held, mider with all roads, streets, or

of the redistribution, of purpose be State land land owned or

title, by any
other

person,

together
to

public (b) The

use

or

customarily
of
an

used

dedicated open spaces by the public ;

area

allotment

equivalent
open be necessary open spaces,

in

respect of such
such of tional addiof
the

roads, streets, and

area as

together with
for the for

may

roads,

streets, and
sites ; to in
;

spaces

purpose the service

forming

redistributed

(c) The
his

assignment

each
extent

site

owner

of
or

site

equivalent
combined,

or

proportionate

and

value,

both

to

site original

298

No.

23
each of

OF

1917.
owner

(d) The
were

preservation to
in the way

site

of such
or

specialadvan
otherwise
as

tages (e)
The

attached
concentration
a

to his

position,frontage, originalsite ; belonging

virtue to

of all sites

the

same

owner

into The (iii) extent site may in such

singlesite.
of any
under the site which scheme to be

owner

by

of the smallness
useless
as a

of its

would

rendered

building
shall

call upon the Board be acquired. case

acquire such
may

site, and

the

same

(iv) A

redistribution demolition would

scheme of
be

provide

for
continued existence
;

(a) the

whereof

building the any with inconsistent

the

scheme

(b) the payment of compensation in respect the advance to the or, alternatively,
terms

of such
owner,

demolition,
upon
as

such
may be

and

conditions
in

as

to

interest of

and such

otherwise
sum as

be

prescribed
to

the

scheme,
to

may

necessary the site

assist
as so

him

erect to

another him

building
the not

defined shall

belonging
require,
a

under
sum

upon scheme

and, if he
one

further

exceeding

year's rental
extinction
new

of the

demolished

building ;
and the provision enjoyment of any
;
owner

(c) the

of any
easement any

existing easement
owner

of any
site

assigned to
of

necessary under

for the the

any site

scheme individual

(d) the
any the

payment
scheme

compensation to specialdisadvantage in the

;

for under

assigned to

him

(e) the payment respect of

him under
;

of
any the

an

equivalent by any individual owner special advantage in the site assigned scheme, and the disposal of the sum
site, or

in to
so

paid (/) the

acquisitionof
would scheme. advanced

any

part of

site, the acquisition

or

of which of the

facilitate the

execution

the

operation
(iv)

(v)
as a

All

sums

under
same

paragraph
manner

(b) of

sub-section
same as

shall be
rate

recoverable

in the such

and

by

the

and

in

number scheme.

of annual

instalments

process be may

speciallyprovided
Rebuiiijing
scheme.

in the

passing of a resolution under Section 7 to the Sanitary Board is an area insanitary area any the had resolve shall to further comparative that, regard being wliicli antl of the sites such of the value in area buildings upon the of with method dealing they arc erected, the most satisfactory frame shall it a area or part thereof is a rebuilding scheme, any shall and the provisions of this section with in accordance scheme the owners of such resolution notice or reputed owners serve upon of all propertiesto be comprised in the scheme.
the

9. (i) Where effect that

after the

(ii)A rebuilding scheme (a) the

reservation of

may

provide

for open
spaces and

streets, back

lanes, and
back

the enlargement of existing streets,

lanes, and

open

TOWN

IMPROVEMENT.

299
may be necessary

spaces, purposes

to

such

an

extent
;

as

for

the

of the
out

scheme

(b) (c)

the

relaymg

of the
open

sites

of the
so

area

upon
or

such

streets,

back
the

lanes, or

spaces

reserved
in

enlarged ;
such reservation any of the streets, the

payment of compensation or enlargement, and the

lanes
,

respect of
construction
or

back
extent the {(l)

and in

and

reserved so spaces open the manner hereinafter

enlarged to jDrovided;
the

demolition and Board

without

their

compensation of appurtenances by the

default said
in

ings existingbuildor by the owners, and

the the
as

in Sanitary of buildingsbj^ the

of the

owners,

erection

owners,

vmder

the

scheme,
to the

accordance

upon with

sites

defined
;

the

scheme

(e) the advance

as

owTiers,

upon
as

such
may

terms

and

conditions the

to

interest

and
sums

othermse
as

be

prescribed in
to assist the

scheme,
to erect

of such
new

buildings
owner one

may necessary with in accordance

so

be

them

scheme
sum

and,

if any
to

shall

require,
of
the

further

not

exceeding belonging

year's
such
owner

rental
;
or area

original building
or

(/) the acquisitionof any building,included in

(g)
the

site the site

building,or part of a site comprised in the scheme building from

sub-section of not the

exemption
scheme.
case

of any

or

operation
street is

of the In (iii) reserved

any
or

in to

which
the

under
extent

(ii)any

forty feet in reserved is width, or in which or enlarged for the any open space be of shall the scheme, compensation payable to the oA\iiers purjDose of all sites the area shall be prejudicially affected of which by such such reservation street or or enlargement, and every open space In the case shall be constructed of all by the Sanitary Board. other reservations or enlargements the street or lane so reserved to be dedicated to pubUc use or enlarged shall be deemed by the of the sites in which it is situated, or by the owners of the owners sites comprised in the scheme a nd such street collectively, every lane shall the be constructed Board. or by enlarged
of any who owner building comprised in the scheme that the for satisfythe Sanitary Board arrangements proper scavenging and draining of the building are reasonably practicable and that none of the building is unfit for of the inhabited rooms human habitation time within month at any after being one may,
shall served to with
a

less than

(iv) The

notice site
on

under which the

sulD-section the

(i), require
or

the to

Board

either such

acquire the
or

building stands
of the

exempt

site

building from
the in default

operation

scheme.

(v) Where
Board of the sold to

demolition of the
owner

of any building is undertaken by the under sub-section the materials (ii) (d), be

demolished

building may
expense sanction shall have

appropriated by
Commissioner

the

Board

or

defray

the

of the of the
been

demolition.

(vi) When
under

the

High

to

scheme

this section

notified in the Gazette in accordance

300
with not" with Section
scheme

No.
16, then
in that
or

23
such

OF

1917.
as

upon

date

in the

behalf

all leases

may and

in each all

case

be

specified

rights of occupancy,

being

leases
to
case

respect except in the

of the

rights granted or created by the Government, site or shall, building comprised in the area any of a site or buildingexempted from the operation
deemed
any to

scheme,

be

be terminated. under
an a

Provided entitled
any to

that claim

lessee

lease

so

terminated

shall

be

from
as

his lessor

equivalent

lease in respect of

and, belonging to such lessor under the scheme a building,of the building to be erected upon the site so assigned,or at the option of the lessor to compensation of the originallease upon the in respect of the unexpired term lease. basis of the value of the original
site defined lease

if the

includes

(vii) All
this
same as

sums

advanced be
a

section

shall
as

of any in pursuance in the same recoverable and

in such number scheme. in the

scheme
manner

framed and

under

by

the

process
may be

rate

of annual

instalments

provided specially
any

street

scheme

10. purpose

(i) Whenever
of

ventilation

creating new
and for

Sanitary Board is of opinion that, for the providing building sites or of remedying the defective of any subject to its control or of part of the area the of communication or increasing existing means
various amenities

facilities for traffic between the

parts of
of the

the

said

area

or

area, improving or extending public streets or thoroughfares or to alter expedient to form new existing public streets or thoroughfares in any part of the said street scheme frame it may scheme") a (herein called a area, accordingly. witliin the limits of the area comprised (ii)A street scheme may, in the scheme, provide for
"

said

it is

{a) the

acquisition of any the Sanitary Board,

the
scheme
;

land be

which
necessary

will, in the
for the

opinion

of of

execution

(6) the relaying out of all or any of the lands so acquired, of buildings and reconstruction including the construction of streets and alteration and the laying out, construction, and thoroughfares ;
(c)
the

supply, and lighting of streets draining, water laid out, constructed, or altered ; thoroughfares so
reclamation
is to

and

(d) the raising,lowering, or

State of the
the ((')

land
scheme

or

which
;

be

land of any for the acquired

which purposes

is

formation
area

of open

the

comprised
open
a

spaces in the

for the scheme

;

better

ventilation

of

(/) the

acquisitionof any
or

land
to

adjoining any
under
is of is in

street, thoroughfare,
the scheme.
any

space

be formed

Back scheme.

lane area or

11.

(i) Where subject to

be

Sanitary Board
which

opinion that
whole
be
or

part of the
with back

its control

in

part occupied,
scheme

likelyto

lanes for the

occupied, by scavenging of the

buildingsshould
same, it may

provided
a

frame

(herein

302 (ii)A scheme

nnder of such

No.
this

23
section

OF

1917.

may viz.

provide
open
:

for the demarcation

spaces,

by
or

the Board
any

streets, back
"

lanes, and

and

for all

of the
The

followingmatters

(a)

levels of the streets

line of

and

back

lanes

(b) The
(c) The

buildingfrontage ; drainage of
of the
corners

mode

of

the streets

and

back

lanes

(d) The
After (iii) under with Section

rounding
the

of the streets.

sanction

of the been

High

Commissioner

to

scheme
in the

this section

shall have person

notified in the Gazette in accordance the

area

16, every

who, within

comprised
or

scheme, (a) lays out

any
or

constructs,
or

or

commences or

to

lay out

construct,

street
or

back

lane
to

(6) erects,
otherwise offence the
and

commences

erect, any
the
a

building
shall be

than

in accordance
on

with
to

scheme

guilty of
Class Board

an

liable the

conviction of the
an a

fine not

exceeding
First

five hundred may, Avhich

dollars, and
on

Court

Magistrate
order

of the

application of
or

Chairman such

of the

Sanitary
owner

framed back
so as

the scheme, make

requiringthe
street, back
with

of the street,
or

lane,
to

demolish

building to bring the same such building.

alter into

lane,
the

building
or

accordance

scheme

to

such order be not complied with, the Court of a Magistrate the Board to carry out the order and authorize First Class may of the street the expenses to recover thereby incurred from the owner in the shall thereupon be recoverable or building,and such expenses

(iv) If

of the

same

manner

and

by

the

same

process

as

rate.

Procedure

on

13.
mcnt
was

(i) Upon
schcmc

the

Completion
of the

of the

a"scheme""

"'

the Chairman shall

one

preparation Sanitary Board by

Gazette
in
one a or

of

an

improvethe
same

which

framed

(a) publish in
three the

issue

of the weeks

notification,and
more

during

consecutive the scheme

of the
area

newspapers

in circulating

is situate

of such for which

a

scheme it has

comprised in stating the fact the area having been prepared, si:)ecifying been prepared and naming a place where
district in which
an

the

advertisement,

copy
a

of the scheme
notice
on

may
owner

be seen,
or

and
owner on

(b) serve
or

every and

reputed
and

of any believed

land

building included chargee, caveator,

be interested has three
the in

in the

scheme

every
or

registered
to

person

interested

such

land

or

scheme
to

been months

prepared
his assent from the

and
or

building requiring
dissent
in

stating that
him to

such

signify

Chairman

respect thereof

within

the

date

of service. sub-section the

notices

(ii)After
the thereunder
or

compliance of assent signification

or

with
or

dissent

the expiration of
to the

provisions of in reply to the period within

the

(i)and
served
assent

which

such

dissent

is

required to be

Board

shall forward

be, the Sanitary notified,as case may of the scheme the Resident of State a copy

TOWN

IMPROVEMENT.

B03 reputed owneTs signifiedtheir dissent

and and and from

together
persons

with

the

names

of the
any,

OAvners

interested, if

who

have

the

scheme.
on

If (iii)

consideration
with

of

the

scheme

on

proof
(i)and

of

due

compliance
Resident
person Board person of the

all matters
fit to

prescribedin sub-sections

the (ii)

proceed with the scheme, he shall give to every has his dissent the and who from scheme to the signified of the Board an opportunity of being heard, in the case by a and in the case appointed by it in that behalf or by advocate dissentingeither in person or by advocate. person
thinks upon

(iv) If
land

the

applicationof
the he

the

Board

or

of the

OAvner

of any
any

affected

by
into

the scheme the scheme,

or

Resident

thinks

fit to introduce
owner or

modification
owner

of any and

land
and
to

shall give to every be would building which

person
an

affected
to be in

reputed by such

modification therein the

same

every

known

or

believed

interested

to the in
at

Board
mamier

the

thereafter

his discretion

respect of being opportunity and in sub-section (iii), prescribed may such modification. adoj)tor reject
of heard and all persons and (iii)
approves

(v) After
under the to

hearmg the provisions of

heard the

Board

entitled

to

be

heard
and
or

sub-sections

(iv)who
the
a

attend

desire without
in
one area

be

Resident,

if he

scheme

A^ath

modifications, shall publish in the Gazette

or more

notification, and
district in which

of the newspapers
the the scheme

in circulating is situate
an

the

the that the

he
case

has

comprised in approved
may may

scheme,
a

Avith

or

without
a

advertisement, stating modifications, as

copy

be, and
be
seen.

naming

place where

of the

scheme

as

approved
14. the

(i)Every improvement
of
a

scheme

which

has

been

Resident

State

shall be submitted

for sanction

of approved by submission to the High IngTcommi^. sioner.

Commissioner.

(ii)Every submission (a)

a

for sanction full

the the
;
names

shall

be

accompanied by
the
same

descriptionof, and
and estimates

of

relatingto, jiarticulars of executing the cost

in

scheme
and be

particularsas to met or recouped (6) a

statement

manner

which

such

cost

is to

of the
persons

of the

owners

and
or

of, and

interested who have

in, any

land

reputed owners building affected

from
the

by
and

the

scheme

dissent signified

scheme

of the

grounds
of the

of such

dissent

and introduced

(c) a

statement into the

reasons

for any Resident.

modifications

scheme

by

the

15.
sanction any

(i) The
any

High

Commissioner
scheme

improvement
for further

sanction may submitted to

or

may

refuse

to

sanction

by

such
same

scheme
was

consideration

he may refer or whom Resident to the by

him,

oomm'issioner

the

approved.
to such scheme be given either may any modifications such and conditions as think fit.

or

(ii)Sanction subject to

absolutely the High

Commissioner

may

304
Where (iii)

No.
the
him

23

OF

1917.
consideration
fit to

Resident
under

uidoii further

of

scheme
any
as

referred

to

sub-section
same

(i) thinks

introduce

modification
is

into the

scheme, the

procedure

shall be followed

prescribedl"ySection 13 with respect to modifications, and thereof shall be published is adopted notice modification any 13 Section manner (v). prescribedby
Notification and sanction effect tbereof. of

where
in the

16.
scheme the

(i) The

sanction

of the

shall be

announced of such
measures

High Commissioner by notification in

the

to

an

improvement
and

the

Gazette
which

publication
shall

notification

Board

framed

upon the

scheme

take

for its execution.

be carried into execution sanctioned A scheme so (ii) may in of caveat lodged respect of land notwithstanding the terms any The of Titles The Enactment, under 1911," or Registration
" "

Land
Alteration scheme sanction. of

Enactment,
At any time

1911." after
a

17. has
on

scheme
into

has

been

sanctioned the

and

before

it

after

been High Commissioner, completely carried be made in the can proof to his satisfaction that an improvement details of the scheme, may accordingly. modify the scheme execution

Provided
owner or

that

before
owner

anj^

such

modification
person known

is
or

adopted
believed

reputed
in, any
shall
may

of, and
or

every to be

interested modification
manner as

land

be

building which would be affected by be given an opportunity of being heard in directed by the High Commissioner.
PART III. BUILDINGS.
to any

such such

OBSTRUCTIVE 18. If the Health the Officer

area

Representation by Health
Officer.

Sanitary
the control
so

Board of the

finds

that

building mthin
in

subject to
or

Board,

any whether its it

itself unfit
to

for habitation
or

not, is
other
"

situate

proximity
causes one

contact

of the

any following effects

with

building or
is to say,
or

of by reason buildingsthat

that

(a)

it

stops
conduces
any

or

impedes
to

ventilation
such

otherwise

makes,

or

make,

other

part of such
for
;

building or
habitation

unfit health

human
or

building or buildings,or to be in a condition buildings, or dangerous or injurious to being

carried
into efl'ect

it prevents proper (/") for

measures

from

evils the Health

"

remedying any complained of

Officer

nuisance in

injurious to health or other respect of such other buildings,

to

the Sanitary Board referred building (herein relatingto such first-mentioned particulars obstructive to as an building "), stating that in his opinion it is expedient that the obstructive buildingor any part thereof should be

shall

represent

the

demolished.
Board make

19.
may order for

(i)The
18 shall

Board

on

receiving any
report
of the
to be

such

representation as
to it

is in

Section

mentioned
cause a

demolition.

(a)

made

circumstances

building and
and

the

building or

part thereof

respecting the the cost of demolishing acquiring the land, and

TOWN

IMPROVEMENT.

305
into

(b) on

receiving such
representation
to and land of
on

and

report shall take the report and,

cause a

consideration

the

(c) if it decides

proceed, shall
the the

copy
to

of both the
owner

which time

the

and

given building stands with place appointed by the Board

report
to

be

the sentation repreof the

notice

obstructive

for

the

consideration The (ii)

and
owner

thereof.
shall

of the land
and
state

hearing such order either allowing the objecan tions objections the Board shall make or directingthat such obstructive building or part thereof be place notified
his after demolished.
the

libertyto objections,and
at

be

attend

at the

time

Notice

of such

order

shall be served

upon

the

owner

of

land.

under this aggrieved by an order of the Board shall have of the order notice after fourteen days may of the State, and him been served no appeal to the Resident upon until after order taken such under work shall be done nor proceedings the appeal has been determined. At the hearing of the appeal by the Resident the be heard by personally or owner aggrieved may be heard advocate and the Board by a person appointed by it in may the The decision of the Resident that behalf or by advocate. on hearing of any such appeal shall be final.

Any (iii)

owner

section

within

20.
an

Where

an

order

is made
or

under
a

this Part

for the demolition

of
is is
a

Acquisition
obstructive

building and either no appeal building fails or and made the order or an appeal is made against land obstructive or the which the building part of abandoned, on buildingstands may be acquired.
obstructive

part of

building.

21.

The

pursuance

proposed
that the he

land which of any within of Section 20 may, acquisitionhas been served

owner

it is
one

proposed
after

to

acquire
the
Board

in

Notice

by

month

notice

of the

t^reltainlaid

upon

him,

inform

desires

to

retain

such

land

and
a

undertake

either to demolish
or

obstructive
the

buildingor part
to demolish the land

of

buildingstanding thereon
in such receive
or case

to

permit
entitled Board 22.
ordered

Board

it,and
and
shall

the

owner

shall be

to retain

for the demolition

of the

building
of the

compensation from the part of a building,

Apportionment
" ^ ^"'^"
'

(i) Where
the

in

the adds

opinion
of
an

demolition mentioned
the
owners

obstructive value

ing such
in that of notice

demolition behalf
upon

to the

which has Sanitary Board buildof a or part building of such other buildingsas are

in Section

18, the Board

other

shall, after service

buildings and after giving such other them an opportunity of being heard, apportion among much of the compensation to be paid for so respectively, buildings, the demolition of the obstructive building or part of a building as value the in of such other buildings. be increase to equal may
of such

Every (ii)
a

sum

apportioned
in the
same

upon
manner

shall be recoverable
rate.

building under and by the same

this section
process
as

Any person aggrieved by an apportionment under this (iii) of the State, and the decision appeal to the Resident may
Resident
Tii"

section of the

shall be final.
20

306

No.

23

OF

1917.

PART INSANITARY
Interpretation
of
"

IV. DWELLINGS.

23.

In

this
"

Part, unless
"

the

context any

otherwise habitable

dwelling-

house."

expression dwelling-house part of a dwelling-house, and in the apply to any such room
house.

includes
all the
same

room

requires, the forming

shall

provisions of this Part

as

manner

to

an

entire

dwellingto any

Closing order by Magistrate.

24.

(i) If
for

on

the
or on

representation
other

of

the

Health

Officer

Sanitary
used

Board
human

information
appears it shall be

habitation

unfit for human

habitation,
Court of
a

dwelling-house any to the Sanitary Board to be the duty of the Chairman to

given

apply
order

to

the

(herein referred
habitation been
owner

to

for human
house has

of

an Magistrate of the First Class to make order the as a use closing ") prohibiting such dwelling-house until such dwelling"

rendered

fit for that

purpose,
an

and

such

Court, after
of

giving

the

of the
power

dwelling-house
such

heard, shall have

When (ii)
to
a

to make

order

opportunity accordingly.

being

shall closing order has been made, the Chairman in a conspicuous place on the dwelling-house a notice requiring all persons occupying such dwelling-house to quit such the premises within period, not being less than seven days, as in notice. the be specified may
cause

be

affixed

on Subject to any order made appeal, a closmg order shall (iii) be lodged operative,notwithstanding any appeal that may of the period fixed by such notice, or, against it, on the exjDiration if the dwelling-house to which the order relates be earlier vacated, it is so vacated, or if the dwelling-house is then from the date when

become

vacant

on

the

date

when

the

order

is

made,

then

on

the

date

of the

order.

(iv) The

Court

of

Magistrate
that

of the

First

Class

closing
which

order
same

if satisfied
was

the has

dwelling-house
been

may in

cancel

respect of
human

the

made

is, or

rendered, fit for

habitation.
Marking
closed of

25.

(i) Where
of upon the

premises.

Chairman
marked such

the

closing order Malay, Chinese, or

is unfit

under this Part, the closingorder has been made to be conspicuously cause Sanitary Board may of the dwelling-house in respect of which door such words has been made letters in English, or Tamil will indicate that such as dwelling-house
habitation.

for human
person

(ii)No
remove,
Offences.

shall, while
or

the

closing order
words
a or

continues
so

operative,

deface, (i) Any

obscure

any

letters

marked.
is

26.

person,

who,

while

closing
or

order

respect of any
for the
to

dwelling-house,shall

lease

let such

be

of human habitation, or allow such purpose used for human habitation, shall be guilty of
on

operative in dwelling-house dwelling-house

offence and for each

an

liable

conviction

to

day

on

which

such

exceeding twenty dollars dwelling-house shall be inhabited.

a

fine not

remove,

(ii)Any person, deface, or

who,
obscure

while
any

closing order
words
or

is

operative, shall
upon any

letters marked

TOWN

IMPROVEMENT.

307

door

under

Section
to
a

25

conviction

fine not

not

subsequent offence of exceeding six months.

person closing order has

offence and liable on be guilty of an exceeding fiftydollars and for a second or the same kind to imprisonment for a term
shall

dwelling-house in respect of which shall, after such closing order inhabit such continue becomes to dwelling-house, and operative, under vacated has been who after a a dwelling-house any person continues order while such order operative, shall, closing closing inhabit such dwelling-house,shall be guilty of an offence and liable conviction to a fine not exceeding ten dollars for each day on on such which he shall inhabit dwelling-house.
(iii) Any inhabiting
been
made
a a

who

27. three of the

Where

closingorder
the

has

remained
into

operative for
consideration

months,

Board of the

shall

take

the

period of order by question demoHtkmV""^

demolition
that the

dwelling-house and,
not

if it is satisfied rendered
fit for human
are

(a)

dwelling-house has
and that
the

been

habitation

necessary

steps
it
so

not

being

taken

with

all due

diligenceto
or

render
to the

or fit,

(b) that
or

it is

dangerous
inhabitants Chairman
First

injurious
of the make
a

health

of the
the

neighbourmg complaint
such to

of the public dwelling-houses,

the

may

direct

to

Court

of

Magistrate
owner

of the

Class, and
an

Court,

after

giving

the

of the
an

dwelling-house
for the
such

make time

order
be

demolition

opportunity of being heard, may of such dwelling-house within

The order
may

a a

to

in specified the
an

order. of the

also contain

direction 28. been

order

that

materials order

dwelling-house be
of
a

destroyed.
Execution of

Where

for the thereof

remove

demolition shall within

the the

made, the
take

owner

down
so

and

dwelling-house has in such specified if the order dwelhng-house and,

the time
extent
owner

^e,noUUon.

for

demolition
the

directs

and
;

to

therein fails

mentioned,
therein, the
therein

destroy
Board

materials

thereof
to

and

if the and
remove

shall

proceed

take

dowii

the
the

dwelling-house
extent the cost

directs and to so and, if the order for demolition recover mentioned, destroy the materials and may work
"

of such
48

from

the

owner

in

the

manner

prescribed in
1916." of
a

Section

of

The 29.

Sanitary
An

Boards

Enactment,
the order

appeal shall lie to against any closingorder or

house made
to under the this

Court and
the

Judicial

Commissioner of
a

Appeal

against
"^

for the

Part,
in

dwellingfor prescribed procedure

demolition

or"derfo"r'"
demolition.

appeals
same

said

Court

criminal
to

matters

shall,
The matter

so

far

as

the

may

be of
a

applicable,apply
Judicial final. PART

such
in

appeal.
the

decision of any

of

the

Court

Commissioner

such

appeal

shall

be

V. COMPENSATION. land is to be any to be paid in respect

the
Acquisition P''o""""ii"s^-

ACQUISITION
30. Where and
has in

AND

for the
the not

acquired
thereof State

of this Enactment purposes the of amount compensation settled land

been the

by agreement,
may

Resident
that the

of the
land is

which

is situate

declare

308
needed for 1911."
Compensation
other land. than for a

No.

23

OF

1917.

public
manner

liurj^ose

and

thereupon
VII of

such
'"

land Land

may

be

acquired in the
31. Where
than

provided
is

in Part

The

ment, Enact-

compensation
in

otherwise

shall be
in Part

respect of the assessed as nearly

"

this payable under such of land, acquisition

as

Enactment tion compensa-

may

be

in the

manner

provided
be

VII In

of

The

Land
the

Enactment,
amount

1911."

Special provisions
for

32.
in

determining
of any estimate land

of under

compensation
this Enactment shall

to

awarded

determining compensation
for land.

respect (a) the

acquired
value value

of the
the

of the land
at

be

based first

on

the

fair market of
under the
to

thereof

the

date
the

of the

tion publicascheme

advertisement

of

improvement
to the
case

Section condition

13, due
of the

regard being had

and in the

nature

and

property

of

buildings

their

the

state in

and in their existing state to probable duration additional ance allowof repair thereof, without any of the acquisition of the compulsory nature ; resj)ect

(6) no

acquired and no addition to or made after the improvement building thereon any of the date of the first publication of the advertisement shall scheme 13 under Section (unlesssuch improvement nance addition for the mainteor improvement was necessary of the buildingin a proper state of repair or unless it w^as the specialwritten carried out under authority of improvement
of the land of
in the the Chairman) be included, nor acquired after the said date shall any of the
case

of any

interest estimate

separate

value

thereof
;

be

made

so

as

to increase

the amount

of

compensation
shall land be

(o) regard
other
accrue

had

to

any
to

increase the

in the land

value and

of anj'

from

belonging person of the the acquisition

any the

interested
;

likely to
be deemed
as

(d) the amiual rent of to be greater than

under 1916 date and
"

building or
annual
''

land

shall not
same

value

of the

assessed

the
;

provisionsof provided that,

been made the had land

The where
am^

Sanitary Boards
any

Enactment,
or

addition

ment improveafter
the

has

to

building or
under first

land

of the last assessment

made

the said Enactment

previous

to

date

of the

publication of
under
in the

the

advertisement

of the
be

improvement
to any

scheme

Section

13, regard may

of the

increase to

letting value
or

building or

due

such

addition

ment. improve-

PART MISCELLANEOUS
Cancellation of

VI. PROVISIONS. the Gazette of the for

so a

33.

(i) Upon
or a

the

publicationin

sanction

of the scheme

oM,

and

issue of land

of new, documents title when

or

High
may

of sites

Is redistributed relaid out

a

scheme to any providing relayingout of sites,then, excejjtin provide to the contrary.

Commissioner

redistribution
as

far

the

under

scheme.

310
to be

No.
evidenced of this

23

OF

1917.
have been to

by
to

such
commit

document sliall be
the

extmguished by
have
committed in
or

the
to

operation have attempted

the
Sums land. to be
on

section

deemed offence

defined

Section

415

of

Penal

Code.
sum same

charged

34.

(i) Every

which
manner

by

this and

Enactment

is declared
same

to

be

recoverable

in the

by

the

the land in respect and shall be a charge upon relating in any Enactment shall, notwithstanding anything contained to the registrationof title to land, take priorityof all other

as a process it is due of which

rate

charges
States
the
or

or

incumbrances
in favour of any

affectingsuch
of the
or

land

not

incumbrances Resident

Government Chief

of the Federated

being charges or Malay

Government
or

of them
a

the

Secretary to by
the

of

State.
sum

(ii)Every
if such Boards
sum

such

shall
the

be
area

collected
in which

Sanitary
land
"

Board
as

exercisingcontrol
were a

within rate

such

is situate

imposed

under

Section

12 of

The

Sanitary charge

Enactment,
soon as any whereto

1916."
sum

So (iii)
land Land may with the

becomes

under

this

section

on or

title

is

registered in
of the State

Office,the Resident

any wherein

Registry
such

of Titles

land

is situate

his hand and under official seal together certify such sum of the document documents of title to the land or particulars is charged, and the Registrarof Titles or Collector, whereon such sum the case be, shall on production to him of such certificate as may record the charge in the Register, and shall on production to him

thereafter Resident
has been

of
that

certificate
the
sum so

under

the has
an

hand been

and

official
or

seal the

of the

charged
make

paid
in

that

otherwise is

satisfied

entry

the

charge Register that

in its

the

charge

discharged.
Board
immediate to which any

(iv) A
of

Sanitary
the

such

sum

is due

may

discretion, with

the

approval
the
owner

of the

Resident
the
or

of the
amount

State, in lieu

enforcing
the
sum

pajniient of
of the land

due,
of such
with
a

take of

engagements
which
as

from

building in
due,
within due
as

respect
sums

is due to

for the

payment
the

by

instalments

will be sufficient
at the rate

defray

whole

amount
annum,

interest not

thereon

exceeding twenty
in the
same manner

of six per cent, per and such sums years, and

period

when
process

may
a

be recovered
rate.

by

the

same

of Itnijositiou rate.

in the to be incurred expenditure is intended under scheme this Enactment or improvement and scheme has in the carrying out of such incurred been not a has not been if met met or recouped, then for the })ur})oso of meeting in which of the State or recouping such expenditure the Resident the area is situate shall, subject to the comprised in the scheme tion approval of the Chief Secretary to Government, impose by notificapublished in the Gazcffe in the year preceding the year in the rate is imposed a rate in respect of the next respect whereof from to December inclusive, following year, calculated January and within all lands houses such all and area buildings upon upon within aforesaid and such additional as area (if any) as may appear

35.

(i) Whenever
out of

carrying

an

TOWN

IMPROVEMENT.

311

to

the
to

Chief
be

Secretary
benefited
shall

to

Government
the said scheme.

to

be

benefited

or

to

be

likely
(ii)
of
shall demand months the

by
not and

Such

rate

exceed

per upon

centum

of
which in

the it is

annual

value and
without in the

lands,
be

houses,

buildings

imposed

payable
by
of the

by
owners

half-yearly
of and such in

instalments

advance

lands,
each

houses,
year.

or

buildings

January
said and annual

July
value

(iii)
lands,
"

The

shall from

be time

the to

armual
time and

value determined
the which said

of

the

said under

houses,

buildings
Boards

as

The

Sanitary
and in
a

Enactment,

1916,"

rate

shall the
rate

be

assessed

collected
of which

by

the the

Sanitary
same

Board

framed
the said

scheme
were

respect

is 12

payable
the

as

if

rate

imposed

under

Section

of

said

Enactment.

36. be
such served

Where
on

any the

notice

or

order

is

required
owner

by
of
any

this

Enactment

to

service notices orders.

of and

owner

or

reputed
to say
:

land
may

or

building,
served
in

notice

or

order
that
"

addressed is to

the

owner

be

manner

following
(a)
If
the
owner

or

reputed
wherein order
may

owner

of
such

such

land

or

building
is

be

within
the

the notice

State
or

land delivered

or

building
to him than
or

situate,
left with

be
his such

some

adidt
with

member him

of
within

family
State be if
the

(other
;

servant)

residing
{b)
If the

notice in

or

order

cannot

served
owner or

in

the

manner

described
be
not

clause

(a)
within it at

or

reputed
the

owner

resident
is
to

the

State
be residence in the sent

wherein

land

or

building
addressed Federated
If the described notice

situate,
him

may his

by
in any

registered
part
;

post
of
the

Malay
or

States
order

or

Colony
served
or

(c)

ca.nnot

be

in

the be the the

manner

in

clause of

(a)

or

clause land

(h)
or

if there

no

known

or

reputed
put
up

OMOier

such

building, place
on

order said

may land

be

on

some

conspicuous,

or

building.

ENACTMENT

NO.

26

OF

1917.

An

Enactment Lands from

to

provide
inroad

means

for

the other

protection
matter.

of

the

of Silt and

Arthur

Young,
President

[30th November,
the Federal Council.
7th

1917.

of

December,

1917.]
States

It
in

is

hereby
as

enacted follows

by
:
"

the

Rulers

of

the

Federated

Malay

Council 1. This

Short
commence-

title

and

Enactment and shall

may
come

be

cited
into

"

as

The
on

Silt the

(Control)

ment, Enact-

ment.
in the 2. with

1917,"
Gazette.

force

publication

thereof

luterpretation.

(i) In
of land

this

Enactment
to any

the and

expression
to such matters land

"

the

Resident
any

"

means

reference the
"

land
wherein

concerning
is situate
;

land

the

Resident
"

State has
"

the
in to
"

expression
The land Land owned
land land
"

State

the
;

meaning
where of the

assigned
reference

thereto
is

Enactment,

1911 person
or

and
owners

made

by

any

to

land,
lessee
in

such

reference land
so

includes leased and

5

leased

to

any

person

and

of

occupied
Land

under

authority
1904,"
in

granted
the

pursuance

of land. refers

Rule

of

The

Rules,

and this
or

occupier

of

such

(ii) Nothing
under 3.
to in

Enactment other

contained title. Resident

to

land

held

mining

lease

mining
to

Notice
cause

to

shew

(i) Whenever
recorded State
to

it appears

the

of

State
or

on

grounds
from
to

against

order.

be such

by
owned

him

in

writing
any has person

that has

earth, mud,
caused
or or

silt

land
cause

by
or

is
to

likely

damage
the served
to
an

other

land

interfered

is

likely

interfere

with notice

due

cultivation
upon
cause,

of
owner a

other of such

land,
first
to

the

Resident

may

by
notice,

the
at

mentioned
be this

land
in the

require

him

sheAV order
from

time be

and maxle

place
under
to him
or

stated

should

not
or

P]nactment act
to
or

why prohibiting
which may

him

doing,
6

requiring

do,

any

thing

under

Section

be
to

prohibited
the
in
owner

required
shall

be

done. sufficient
to

(ii) The
to made
same

notice

contain
an

particulars
order
is

identify
and is held.

the shall

land

respect
to

of

which

proposed
which

be

refer

the

document

of

title

under

the

Appearance
shew
cause.

to

4. order land

Any
under
may

owner

of

land

who

is

required
not be in in

to

shew
in

cause

why
of his
or

an

this attend

Enactment and shew

power

should
cause

made person that

or,

respect
or

such

either

by
the

agent

duly

authorized and

})y
solicitor

of

attorney

behalf

by

an

advocate

of the

Supreme
312

Court

with

permission

SILT

(control).
person
;

313

of the

Resident,
or

by

any

other
as

such

agent, advocate,
referred

and
to
as
*

solicitor the 5.

other

representativeof
(i) If
stated
an owner

person the of
in

aforesaid

is hereinafter

owner.

land
or

who

aforesaid

attends
in

person the

required to shew by representative at the

Resident
may
or

is

cause

as

Procedure appearance.

on

time

and

place
or

the

notice, the
case

shall inform

such
on

owner

his

as representative,

be, of the silt from

grounds
land
or

which
owner

it appears has caused

or

to
or

him is

that

earth, mud,

of such has of other the

is

to cause damage to other land liliely likelyto interfere with the due cultivation

fered inter-

land

and
any

shall,m

enquiry

of such the presence and take and record

as

owner

or

his

representative, make
which of such Resident
case or

any

evidence

thinks

shall hear

necessary and

to

the the

facts and
statement

circumstances

of the
owner

and his

record and

(ifany)
the
or

representative of such owner attending at the instance such owner or representativedesires

For (ii) the the Resident
documents

take

and

record

evidence

of

all

persons

his representative whom to examine. the

the purpose shall have of

of

carrjdng out
same

provisions of

this section

the

powers and

of summoning

attendance
and
a

of witnesses

compelling the adjourning proceedings from time

of
has in civil suits. is

enforcing production of
to time
as

and

the

Court

of

Magistrate *'o'an owner

6. (i) If aforesaid

of

land

Avho

required

to

shew allowed

cause

as

Power

to mate

fails to

without

reasonable
or or

Resident)

attend
in

place
cause

mentioned
to

in person the notice

the

satisfaction

of the
notice
an

excuse by by representativeat the time and fails to show having so attended Resident Avhy an order in respect

(to be

the

ofoniers!"''

of the land
may in his

referred

to in the

should
in

not

be

made, the Resident

under
extent

discretion

make

order

writing
to

his hand
as

(a) prohibiting,either

absolutely or

such

may

be

prescribed in
or

the

order, interference

with

or

destruction
or are

removal
within

grass

of any trees, from such or

the

plants, undergrowth, weeds,

parts of the
said land thereon
and the

said

land

as

in specified

order
on

(h) requiring
walls,

the

making
the

the

of drains

and and and

courses, water-

and of

construction

of dams

retaining
in such

such
are

character

dimensions order
;

positions as
(c)

specifiedin
in

requiring the
act
or

doing on thing which prohibiting the prevent, and

said land

or respect of the said land of any the Resident to likely to appears

the

of any
said

act

or

doing on thing which

passage

or

in

resi^ect of
to

appears

the

Resident
or

the likely to facilitate, the land

this
to

of earth, mud,

silt from order made

other

land.
time to

(ii)Any
within made
which
or

under

section

done

work, act, or thing any shall be completed.

made under Section

prescribe the may required by such order

6 may

be

7. (i) Any order by the Resident such order

be varied

or

revoked
that
no

variation orders.

and
'""^^

under by \\a'iting
so as

shall be varied

to

his hand ; provided prohibit or require anything

not

314
authorized

No.

26
to

OF

1917.
or

by
the the
on

Section
express
was

be

prohibited
of the of
some owner

required,
land

or

shall,
so

except
whereof

with

consent

of the

in respect shall

order served
be

made

or

person

duly empowered
notice
cause

to consent

behalf

have should

been not

of the owner, such owner upon

be varied
to

unless

first
order

shew

why

the

varied. shall
same

(ii)Such
date
the

notice the
in which

refer
was

to

the and

subsisting order
shall contain
to

and

to

the

whereon
manner

made
same

particulars of

the of

is

proposed
the

be

varied.

After (iii) Sections and under the

4

service

such

notice

and

shall, subject to necessary

this Enactment

provisions of
6 shall

procedure prescribed by modifications, apply ; applicable to an order made

such order
as

Section

apply

also to any

varied

under

this section,
Operation
orders. of

8. made the
same

Subject
under land
in

to

the

judgment

of the

appellate Court,
thereof
is made upon

every
owner as

order of the from from

Section

6 shall after

service

the
so

remains to
or

the same respect whereof unrevoked, binding upon

be,
or

long
are

all persons

who Land who

time
owner

time
owners

registeredin
of such
in lawful any

any

Registry
and upon

of Titles

Ofifice as
arc

land

all persons

time
Appeal.

to time

occupation
made

thereof. Section
6
an

9. (i) From
to

the

Court

of

appeal
time to

shall be the
with

when

appeal shall lie such a no ; provided that after the of from the ten brought days expiration order appealed against was made. The obligation
Judicial Commissioner
an

order

under

comply
the the

order

made

under
been

Section

6 shall not

be the

affected

by

appeal having for appellate Court may obligation.

an

fact of

but

sufficient

order ; preferred against cause susj^end the

the purposes of an appeal under this section the provisions of the Civil Procedure Codes, 1902, relating Chapter XL to appeals from originaldecrees, shall, subject to the provisions of this section and to the modifications, apply, and necessary such Resident Avhom the order was made, or by appealed against he may to the said Resident as appoint public officer subordinate in that be the Costs shall behalf, respondent. payable by the respondent in any such appeal shall be defrayed from public funds. of The and
Maintenance work. of

(ii)For

decision there Where

of the

Court
no

of

Judicial therefrom.

Commissioner

shall be final

shall be
any

appeal

10.

drain, water-course,
an are

dam,
G

wall, or other
been

work
any

has

in pursuance all persons of Titles

or

of
who

order from Office

remains in

under
time
as owner

Section
to time
or

made

on

land,

registeredin
of his
or

any

Registry
shall, so
expense

Land order work

owners

such

land
own

long

as

such such

unrevoked,
and

at

their
to

maintain

good

efficient order

the

satisfaction

of the
Record in of orders

Resident. Where
or

11.

Register.

prohibition
owner

by virtuc of requirement

an

order

made

under

Section

C
on

any
an

is under may

this Enactment

imposed
and the document

of land, the Resident of the order seal the terms

certifyunder
the

his hand

official
or

and

of particulars

SILT

(control).
such
case

315 held, and

is in

documents

of title under
or

which
as

land
may

is

the

Registrar
shall
on a

of Titles Register memorandum

Collector,
the
to him

the

be, having custody of the

land
enter

wherein of

title

to

such

recorded the
and said shall

production

of such the

certificate of such

Register
a randum memoor

making
any
as

order

file such

certificate ; and
has been
a or

where

order

of the

making
is varied

whereof
or

entered

aforesaid

revoked

is
or

affected revocation certified

the

by
and

judgment
the
a

of the

effect of such

appellate Court, judgment may

entered
in

such in like

variation
manner

be
and

memorandum thereof person filed.

thereof

the

Register

certificate

12.

(i)If

any

of this Enactment
or

who is by an order prohibited from doing

under
or

with

thing makes, without such prohibition

and liable
on

reasonable
or

excuse,

requirement,
to
a

he

ofi^ence

conviction

fine not

or by any provision required to do any act in complying default shall be guilty of an five thousand exceeding

Penalty

dollars.

Notwithstanding anything in any other (ii) by this section penalty authorized may any of the First Class. of a Magistrate Court
13. of this
in

Enactment be

contained,

imposed

by

the

(i) If

any Enactment

person

who

is

by

an

order
any

under
or

required
such done the
be

to

do

act

or by any provision default thing makes

Power

to

cause

gfven to oraeis
recovery of cost.

complying act or thing

he may direct person

with
to

requirement,

the

Resident and
be in

by
cost

such

persons

may such

cause manner

such
as

and

thereof

shall

recoverable

from

the

making

default

as

aforesaid

by

the

Resident,

authorized

in that

behalf

by

the

Resident,

by

or any civil suit.

person

(ii)Nothing
any person Notices may be
to

in this section

contained and

prosecution
and
be

punishment
and
manner

shall affect any of liability 12. under Section

in any

14.

orders
served to

issued in

made

State

under

this

service notices orders.

of and

Enactment

following,and
upon

such
on

service

shall
service

be

equivalent
is to person

personal
:

service

the

person

whom

effected
on

(a) if the
such
or a

whom
notice

service
or

is to may

be

effected

be

within
to him

State, the
some

order

be

delivered

left with

adult

member him service

of his
within is to

family (other
State effected
;

than

servant) residing with

on

such be

(6)

if the

person agent within

whom
such

have
power notice

an

State
service to

duly
on

authorized
his

by

of
or

attorney
order
may

to be

accept
be

behalf, the
;

delivered

such in

agent
the

(c) If service
clause may
on

cannot
or

effected

manner

described
notice to the
or

in

(a)
be

clause

(b) of this
be

section,
at
or

the

order
person in any
;

sent

by registered post
is to effected

addressed
his

whom

service the

residence

part of

Federated
is to be

Malay
effected

States
on a

the

Colony

(d)

where
or

service

be

corporation, the
of the

notice

order

may

(1) left at the within

registeredoffice (ifany)
such

tion corpora-

State

316

No.

26

OF

1917.

(2)

delivered officer
any

to

any

director,

secretary,
within State

or

other State authorized

on

principal
or

of
person

the

corporation
within such
to
or

such

to

duly
service

by
of behalf

power the of
over

of

attorney

accept
any person

behalf

corporation,
the

to powers

having,
or

on

corporation,
the land
to

of the

control notice
or

management
order relates
;

which

(3)

sent at its

by

registered

post
office

addressed
wherever

to

the
;

corporation

principal
be

situate
with

(c)

if

service
clauses in

cannot

effected the

in

accordance notice
or

the

preceding
be
it

of

this

section,

order
to

may

put
relates.

up

conspicuous
in -^

position
Enactment
or

on

the

land

which

Private not

suits affected.

15. ^j mud
,

Nothing
^^j^-^j^ silt from thereof would

this affectcd other

or

contained

shall affected
any

debar

any

owner

j^^^^^
or

likely
from relieve

to

be

by
suit

inroad
or

of

earth,

land
shall

instituting
any if this not act person

proceedings liability
had
not to

in

respect
he

of

any

which

have that

been
a

subject
person

Enactment be
or

been
act
or

passed
omission,
an

provided
or

shall of
to any

liable

for

any

the

consequences

omission,
or

required by
hira.

by

order

under

this

Enactment

be

done

omitted

318

No.

OF

1918.

COMPANIES
Companies
which ment Enactto

TO

WHICH

ENACTMENT

APPLIES.
Enactment

3. (i) Save
shall

as

hereinafter
or

expressly provided, this

bodies

applies.

apply unincorporate, which

referred after the
within insurance
or

to all persons

to

as

or persons fire insurance companies, whether

whether of persons, corporate or hereinafter of persons are bodies established whether

before
or

commencement

of this Enactment the Federated the does the

and

established
carry
on

without business
company

Malay

States, who

fire

within

Federated

Malay
the

States.
in the

(ii)No

which without
on

language shall,
Government,

not keep its permission of

accounts

Chief
in

English Secretary to
Federated

carry

fire insurance

business

the

Malay

States.
"

registered under The 1917," or under Companies the Federated Malay States, which
A (iii) company
"

The

Companies
on

Enactment,
of any business

Enactment,
carries

1897," of

fire insurance

in any deemed

part of
to

the
a

world,
company

shall for the

be

carrying

on

of this section be purposes the within business such

Federated

Malay

States. DEPOSITS.

Deposit.

4. (i) Every
with

fire insurance

the deposited agent appointed by him Secretary to Government

company Treasurer, Federated

securities to to

keep Malay States, or with an be approved by the Chief

shall

deposit

and

the

value

of

one

hundred

thousand

and the Treasurer, Federated dollars Straits Settlements currency, holders. Malay States, shall hold all such securities in trust for the policy-

be

interest The accruing due (ii) paid to the company. The (iii)

on

the

securities

so

deposited
of the
in the

shall

deposit may
of
and company

be
a

made
company uj)on

by
the

the
or

subscribers of them

randum memoname

of association
a

any

of

proposed

shall be deemed

to have

of, the

company,

incorporation of
1917," until the

incorporation of the company by, and to be part of the assets issue a certificate of and the Registrar shall not the company under The Companies Enactments deposit has been made.
been made
"

(iv) In
business

the

case

of the

company

which

is

carrying on
at

fire insurance
commencement

within

Federated

Malay

States

the

of this Enactment, 30th

it shall be sufficient if the 1918.

deposit is

made

by

the

day

of June,

ACCOUNTS 5. (i) Evcry fire insurance financial

year
revenue

AND

DOCUMENTS. shall at the

Accounts

and

company

expirationof
form
set

each

balance-sheets,

prepare
account

(a)

for

the

year

in

the

out

in

Schedule

FIRE

INSURANCE

COMPANIES.

319
in Schedule B
;

and (b) a profit

loss account
in the

in the

form

set out

(c) a balance-sheet (ii)Every such

form

set out

in Schedule

C.

account

and

balance-sheet

shall,unless the Chief

Secretary to Government approved by

purposes

otherwise

orders, be audited
to

by

an

auditor

the

Chief

Secretary
deemed

Government,
be

who

shall for the auditor.

of Section

6 be

to

the

company's

and 6. (i) Every such account balance-sheet shall be printed,and the thereof signed by company's auditor, by the chairman copy two

Deposit

of

twtu^Re-istuir

by the principalofficer of the has a managing and, if the comjjany director, by the com2:)any six managing director, shall be filed with the Registrar within months after the close of the period to which the account balanceor
of the company and

and

directors

sheet

relates. shall of the

a

(ii)There
balance-sheet submitted
to

be

deposited
any
or

with

every
on

revenue

account company

and

company

report

the affairs of the the

shareholders
year

policy-holdersof
the account

company

in

respect of the
relate. 7. A sheet the

financial

to which

and

balance-sheet

printed

copy

shall,on
company,

the be

of the last-depositedaccounts and balanceor policy-holderof applicationof any shareholder forwarded to him by post or by the company

Right

of share-

'" cop'ierof'^' accounts.

otherwise. 8. Where
a

any

notice,advertisement,
company the
amount

or

other

official publicationof of the amount of the also contain and

Publication

of

fire insurance

contains company,

statement the

subscribed' and
paid-up

authorized
a

capitalof
of the

publicationshall
has been

capital.

statement

of

capitalwhich

subscribed

of the amount 9.

paid

up.

(i)Every unincorporate
of this

fire insurance
has
a

company

which

at in

the the

Requirements corporate companiei.

commencement

Enactment
or an

place

of business

Federated

Malay
with company

States

agent

in the

Federated
insurance

Malay

States

appointed
every such

the

object of obtaining fire

which after the
a

business, and
of this Enactment the Federated

commencement withm in

establishes

such

place
such

of
an

business

Malay

States

or

appoints
three
one

agent
from from

the

Federated

Malay
of this of such
case

States, shall, within

Enactment
or

months month

the the

commencement

within

establishment

place

of business

be, file with (a)

a

the

the appointment or Registrar

of such

agent,

as

the

may

certffied copy the company instrument

or

of the instrument
or

definingthe constitution of partnership agreement and, if the is not written in the English agreement
of its thereof
;

language, a (b) a
list of the
company year

certified translation shareholders

or

partners
United
or

or,

in

the

case

of

established

in

the

Kingdom
of the
;

before
company

the

1862, of the
their

directors
and

managers

with

addresses

occupations

320
(c) the
names

No.
and
in
on

OF

1918.
of
some one or more

addresses Federated of the

persons
to

resident

the

Malay
on

States

authorized
and

accept
notices

behalf

company

required to
event

be served alteration
or

service of process the company.

any

(ii)In
instrument
or

the
or or

of

any

partnershipagreement
of the directors addresses
six
or

such in any being made in the list of the shareholders

as as

partners
names

managers,

the

case

may

be,
the

or

in

the

or

shall scribed

within

weeks
any,

of any such persons file with thereof

aforesaid,the

company j)re-

the

Registrar in

form, if

of such particulars

alteration.
be any sent

shall been

Any process or notice required to (iii) be sufficiently served if addressed to

so

served

filed

as

aforesaid
so

and

left at

or

the company has whose name jjerson the address to by post

on

which

has

been

filed.

SPECIAL

PROVISIONS

RELATING DOCUMENTS.

TO

ACCOUNTS

AND

Custody
inspection
documents.

and o"

required to be filed or deposited under Registrar shall be kept by the Registrar ; and shall be open such to inspection, documents copies thereof of the prescribedfees. be procured by any person on payment
10.

Every

document
the

this

Enactment

with

and
may

Evidence documents.

of

11.
with
so or

this Enactment filed or deposited under (i)Every document and certified by the Registrar to be a document Registrar, filed to be a document so filed or deposited, shall be deemed deposited. the

(ii)Every document
to be
a a

purporting
so

to

be

certified by the
in evidence

Registrar
to
as

copy

of

document document

filed

or

deposited shall
some

be deemed

be

copy

of that the

and

shall be received

if it

were

the

unless originaldocument, be document proved. original The Chief

variation

between

it and

Alteration

of or

12.

Secretary to
of
a

Government

may, comj)any,

on

the
alter
as

application
the forms

forms.

with

the
in

consent the the

fire insurance
to

contained

schedules
purpose

this

Enactment,
them to

resjjects that
circumstances

for company, of that company.

of

adapting

the

COMPANIES

CARRYING
KINGDOM OR

ON IN

BUSINESS THE

IN COLONY.

THE

UNITED

Aii[)lication of
PInactmcnt to

(i)A Registrar a
13.
in the

fire

insurance that

declaration

obtains which company, he is satisfied tliat it has made

from
a

the

deposit
from of

companies
which havo Miaile deposit in ttic United

United

Kingdom
that it is
or

in accordance

with

the Assurance
JU of that the

Coni]ianies
Act

Act,
in

1909,
Straits

or

exempted
that
in it has

by

Section
a

Kin^jdom
the

or

Colony.

making
the

such

deposit,

made

deposit in
the

Colony
Insurance

Settlements

accordance

with

Fire

Companies Ordinance, 1917, of the said Colony, shall, so long as it such deposit or as such exemption continues, be exempted maintains

FIRE

INSURANCE

COMPANIES.

321
shall within
a

from

provisionsof in Section l)rescribecl

account,
Board the

the

Sections
6
or

4, 5, and
the

6 but

the

time

file with other

Registrar
which

balance-sheet,
or

document
the the

copy the company

of every
is

required by

Assurance

Companies Act, 1909,

of Trade the

Ordinance, 1917,

to

by Section 6 of deposit with

may copy

deposit at the said Fire Insurance Companies Registrar of Companies in the

to

Colony, as
directors

case

be. shall be and two signed by the Chairman the officer of by principal company managing director, by the managing
the

(ii)Every

such

of the company and if the has and, a company director,

PENALTIES,
14. (i)Any
fire
any

RULES,
company

ETC. which of this makes default

in
Penalties.

insurance of the

complying
every company

with
is

requirements
the

Enactment,
or

and
the
a

director,manager,
who

or secretar}^, knowingly a party to

other

officer

agent of
of
a

default, shall
case

be liable to ing continu-

fine not

exceeding one
a

thousand

dollars, or, in the

hundred of
;

defoAilt,to

fine not

exceeding five
contmues

during
a

which

the

default months the

or

and, if default
default shall be

dollars for every continues

daj''
for

period of

three

after

notice notice

Secretary to
more

Government
as one

(which
Chief
more

by published in
may,

the

Chief
one or

nev/spapers

Secretary

to Government

upon

the

or shareholders, direct), policy-holders the default shall be a ground on order the which the Court may of the in accordance with The winding-up Companies company Enactment, 1917."
"

of application

If (ii) document the

of

any

account,

balance-sheet, abstract, statement,

this

or

other

required by knowledge of any person

offence
may and liable to two
on

Enactment who
conviction
or

is false in any person

to imprisonment fine,or to both.

signsit,such
to

shall be for

to particular guilty
a

an

term

which

extend

years,

15. the

(i) Any
to be person

notice sent
to

or

other

document

which

is by this Enactment

Service notices.

of

required
to

be to any policy-holder may notices whom such respecting sent

addressed

and

sent

policy are

usually
and

and sent, and any notice so addressed taken to be notice to the holder of such Where (ii) given to the which is by
shall also be any person

shall be

deemed

policy.

"

claiming to be interested in a policy has notice in writing of his interest, any company this Enactment required to be sent to policy-holders sent at the address to such specified by him in person
notice

his notice. 16. In Section filed under respect of the documents filed under respect of each of the documents
G
or

Section

Fees. a

13, and

in

Section

9,

fee of three dollars shall be 17. The rule Chief

paid to

the

Registrar.
may 9

Secretaryto

Goverrunent
Section

from form

time

published in the of alterations particulars and copies of docum.ents

Ill"

Gazette under under

prescribe a
Section
10.

for fees

and (ii)

by Rules, the filingof for inspection

to time

21

322

No.

OF

1918.

o 02

FIRE

INSURANCE

COMPANIES.

323

O)

'o
05

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!=i O

W
o

02

"D

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o
o o

c8
ta OS

O
I"

+3

o S3
O
O

c6

324

No.

OF

1918.
73
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OS

ENACTMENT

NO.

OF

1918.

An

Enactment Defamation.

to

provide

for

certain

matters

relating to

Arthur

Young,
President

[26th
the Federal Council. 3rd

of

April, 1918. May, 1918.] Malay

States

It
in
Short
commence-

is

hereby
as

enacted follows

by
:
"

the

Rulers

of

the

Federated

Council 1. This and

title

ami

Enactment shall
come

may

be force

cited
on

"

as

The

Libel

Enactment,
thereof
in

ment.

1918,"
Gazette.

into

the

publication

the

Interpretation.

2.
"

In

thls

Enactment

"

Public for
a

meetmg
lawful

"

means

any

meeting
furtherance the

bond
or

fide
thereto

and

lawfully
of any be

held
matter
or

purpose
concern,

and

for the

discussion

of

public
and

whether

admission

general
held,
of

restricted,
shareholders

mcludes
or

the

wherever general meetmg, any debenture-holders of any joint stock whose business States
any
or m or

wherever with
"

registered,
Federated
"

is in

any

way

directly

company, concerned

the

Malay
means

the

Colony. public Malaj^

at news,

Newspaper
or

gence, for

occurrences,

any

pajjer remarks of
in

containing
or

mteUi-

observations Federated numbers

thereon States

printed
or

sale

and

published

any

the

in not

the

Colony periodically, or parts or the publication exceeding twenty-six days between

papers, to not

intervals
two in

of any

such

parts,

or

numbers,
and made

and

includes

any

paper

prmted
or or

order

be

dispersed exceeding

public weekly or oftener, only days, containing twenty-six

at

intervals

principally

advertisements.
Reports judicial proceedings.
of

3. before

(i) A

fair Court

and

accurate

report

of

proceedings

publicly

heard

exercising judicial authority and of the judgment, any shall be privileged, and such Court sentence, or finding of any any fair and shall be bond thereon protected, although fide comment
such sentence, judgment, varied, unless quashed, or
or

finding
the
time

be

subsequently
the the

reversed,
of such

at

of claims

publication jjrotection
of such

report

or

comment

the

defendant
or

who
to

afforded

knew by this section variation. or quashing,

in (ii)Nothing blasphemous, any
Beports
Council o"

ought

have

known

reversal,

this

section
or

shall

authorize
matter.

the

publication

of

seditious,

indecent

4.

fair

and

accurate

report
of

published
the of

in

any
nor

newspaper
any

of

the

meetinj'S.

proceedings
reporter
is

(except

where
any

neither

public
the

admitted)

meeting
326

Federal

newspaper Council or

of

LIBEL.

327
it shall be
made

any

State

Council
or

such 5.

report

unless privileged, publication was published or

shall be

proved that maliciously.

of Reports of (i)A fair and accurate report published in any newspaper of where neither the or a (except proceedings public meeting m'eetiiigs, etc nor jiublic reporter is admitted) of any meeting of any newspaper local authority formed constituted under a or or Sanitary Board of the provisions of any Committee Enactment, or appointed any bodies, or of any by any of the above-mentioned meeting of any Commissioners Enactment other lawful or appointed under any warrant unless it shall be proved or authority, shall be privileged, that such report or publicationwas published or made maliciously ; not of public concern provided that the publication of any matter and the publication of which is not for the public benefit shall not be protected. the

(ii)Nothing in this section shall blasphemous, seditious, or indecent

The (iii)

authorize
matter. be

the

publication of

any

afforded by this section shall proceedings if it shall be proved that the defendant has been requested to insert in the newspaper in which the report or other publicationcomplained of appeared a reasonable letter or statement or tion explanaby way of contradiction of such report or other publicationand has refused or neglected

protection intended
as a

to

not

be available

defence

in any

to insert

the

same.

6. (i) The the

publication of
papers,

the

whole

of

or

any

fair extract Federal

from
or

Extract notice

from ^'^^' and^

reports,

notes,

or

proceedings of the

Council

of any State Council, or of or from book kept by a public servant any

official

record or or j)ublic register any in the discharge of his legal or

reports.

duty or any notice or report issued by any Government office or department, officer of State, Commissioner of Police, or of the Chief Police Officer for the information of the public, or whole of or any fair extract from or report issued by receivers any Official Assignees in banlcruptcy or other officials in accordance with Enactments for the time being regulating banl";ruptcyproceedings the winding-up of public companies, shall be privileged or unless it shall be proved that such publicationwas made maliciously.
(ii)The

provisions of
be read
an as

sub-sections

and (ii)

of (iii)

Section

5 shall

apply
in
one

to, and

part of, this section.

defendants
same

7. (i) Upon

respect
and
an

to

the
same

applicationby two or more same or substantiallythe

the Court consolidation
or a

in actions

consolidation
"^^'^*'^""^-

libel

brought by
may

the

make

order

person for the

Judicial

Commissioner
so

of such

actions

that

they

shall be tried After (ii) the said

together.
such the
same

any actions

order

has

been
in

made
any
new

and

before

the

trial of
in be

defendants
or

actions libel
a

instituted shall also

respect of the entitled to be

substantiallythe
a common

same

joined

in

action the

upon in

jomt

by

such

new

defendants

and

defendants

the

action

application already
case

consolidated.
The (iii)

Court
or

or

Judicial

Commissioner
same

may,

in

the

of

the

same

substantiallythe

libel

published simultaneously

328
in
a

No.
number
to

8
or

OF

1918.
after

of newspapers
the
a

copied shortly
action
or

notice libels

in plaintiff

any in

actions will

publication, give arisingout of such

be allowed for the

that

jteriodstated

such

notice

discovery of any further publicationsof such libel in order that the whole of the actions arising out of such libel may be tried together, and after such further has shall be instiactions tuted j^eriod expired no
in recovery

respect of the
of

publication specialdamages.

of

such

libel except

for

the

action under this section the whole amount (iv) In a consolidated shall in be assessed but one damages (if a separate any) sum, in the same judgment shall be given in resj^ectof each defendant if the actions consolidated had been tried separately. as way

of the

(v) The

amount

of been

damages
those

so

assessed defendants

as

aforesaid

shall

be

api3ortionedamongst
shall have the the
Separate
assessment

of the

given, and
such order

if costs
as

are

Court
costs

may

make

it shall

ment judggiven to the plaintiff deem just apportioning

against whom

amongst
in

such
an

last-mentioned action

defendants.

8. Whenever
of in
cases.

damages
curtain

one

defendant, whether
is

than sues more plaintiff in the alternative, and or jointly, severally,

in
one

of libel the

evidence

given

of malice
w

defendant be the

or

of aggravation which other defendant any

may

ould

not
were

admissible

of any other in evidence other

matter

against

if he to

sued

alone, such

defendant

apply
the

to

the

Court

have

damages

his made

co-defendants Court and him

no

shall

separately assessed, and the assess damages

shall be liable
or

against himself and if such application be separately against each

shall execution than shall
issue

defendant

defendant
any

nor

against
assessed
Apology
iu of

for

further

other

damages

be

so

against him.

mitigation damages.

the defendant (i)In any action for defamation (after may in writing of his intention to do so duly given to the plaintiff at the time of filng his written statement of his case) give in evidence, in mitigation of damages, that he made offered an or apology to the plaintiff for such defamation before the commencement of such action afterwards he had an or as soon of as so doing opportunity notice
in
case

9.

the

action of

shall have
or

been

commenced

before

there

was

an

opportunity
(ii)In
defendant
"

making
has

offermg
libel
money

such

apology.
in

an

action

for

contained into

who

paid

Court
may

any under

ncv/spaper

any 348

Section
in

of of

The

Civil
in

Procedure his written newspaper

Code,

1902,"

state

mitigation

damages,
inserted

statement

in such

without

of his case, that such libel was actual malice and without gross

of the action or at negligence and that, before the commencement the earliest opportunity afterwards, he inserted or offered to insert in such newspaper full apology for the said libel, a paper or, if the newsin which the said libel appeared should be ordinarily published at intervals exceeding one week, had offered to jniblishthe said in such to be selected apology in any newspaper by the plaintiff action.
Damages
recovered in otlier actions.

10.
in

At

the

evidence,
or

in

recovered

of an action for a libel the defendant give may has already mitigation of damages, that the plaintiff has brought actions for damages or has received or

trial

LIBEL.

329

agreed
same

to

receive
or

compensation
effect
as

in

respect
for which

of

libel such

or

libels has

to

the been

purport

the

libel

action

brought.
11. Enactment Words

spoken
which
not

and

published unchastity damage

after

the

commencement

of
any
woman

this
or

siamier
^'""""-

of

impute

or

adultery
render them

to

girl
12. before
an

shall

require
2 to

special
10

to

actionable.

Sections
or

inclusive

shall
of

apply
this

to

all

matters

arising
where

Application
past
matters.

to

after shall

the be

commencement

Enactment

except
at

action

pending
comes

with

reference force.

thereto

the

date

on

which

this

Enactment

into

13.
one

Whenever

in

any

action

of

libel

the
or

plaintiff
in

sues

more

than
each
at

severance '1"^"'^'^'=^-

of

defendant,
may

whether file
a

jointly,
separate
counsel

severally,
statement
or,

the
case

alternative,
and
appear
or

defendant the
money

of he thinks

his

trial

by
into
set

separate
Court
up
or

if

fit,
Avhatever

apologize
may may

pay

make

other

amends,
and

be

the

defences such
the

by
money,

his

co-defendants,
or

the and

plaintiff
settle himself
or

accept

apology,
suit and

other
the

amends
action
as

compromise
and
one or

discontinue without that shall the

not

between

more

defendants

reference

to

the

other of the

defendants other

vided pro-

always
or

rights
in any

and
Avay

interests be

defendant

defendants

prejudiced
and of of

thereby.
State Council Council
or Absolute

14.
shall
any

(i)
have Committee

Members freedom of

of of such

the

Federal
at

Council all

every

speech
Council.

meetings

such

of
memb^s council.

of

(ii)
or

No

member

of

such

Council

shall
or

be

liable

to

any

civil
reason

action

prosecution,
or

arrest,

imprisonment,
by
him him

damages

by
resolution,
or

of

any
or

matter

thing
or

brought by

by
such

petition,
Council

motion,

otherwise

said

before

Committee.

ENACTMENT
An Enactment
to

NO.

14

OF

1918.

to

consolidate and

and

amend of

tlie law the

relating
and

tlie

constitution Courts.

powers

Civil

Criminal

Arthur

Young,
President

[26th September,
the Federal Council,
1st

1918.

of

January, Malay

1919.]
States

It
in

is

hereby
as

enacted foUows Enactment shall

come

by
:
"

the

Rulers

of

the

Federated

Council 1.

Short

title,

(i) This
and

may

be

cited
upon

"

as

The

Courts of

Enactment,
1919.

1918'" andrep"^"*'

into

force

the of be
any

1st

day

January,
the

the (ii)Upon specified

coming
in the rules

into

force shaU under

this

Enactment
;

ments Enactthat all

schedule made

repealed
Enactment to not to

provided hereby

appointments
which this
were

and
in

repealed
of with the

force

immediately
so

Enactment

shall,
of this

far

as

prior they are

deemed

the

commencement

inconsistent

provisions
this

Enactment,

be

have

been

made

under

Enactment. in this power Enactment conferred contained shall

Enactment

(iii)Nothing jurisdiction or repealed.

iiiterpretatiou
of tliis Enactment.

affect

any not

special hereby

by

any

2. The

In

this

Enactment,
"

unless

the

context
"

otherwise

requires
without
as

"

cxprcssion
"

Judicial the

Commissioner Chief Judicial

occurring
under

the well ment Enactas

prefix
any

Chief

"

includes

Commissioner

other
;

Judicial

Commissioner

appointed

this

The

expression
limited

"

Registrar,"
this

except

where
an

its

expressly and a Deputy

The

by

Enactment,
;

includes

Assistant

application is Registrar

Registrar
"lower Court
4

expression
in in in
a

Court" of

when includes used

used
any in

in

connection other with

any

with Courts
ceedings pro-

proceedings
mentionecl

the

Appeal
when

of the
connection

Section Court mentioned of

(i) and
a

Judicial
in

Commissioner
4

includes the Court of

of

the

other 3. which States Judicial the

Courts Where
is for

Section

(i)except
the
in any 1st

of

ApjDeal.
1906,

Interpretation
^^""^^ I'awl.'^^'"

in the

any time is

law

passed being in
to

before force
the
or

day
the

January,
or

of

Federated

Malay
to
or

reference

made

Judicial
to

Commissioner Senior

the
to

Commissioner's

Court,

the

Magistrate

where such reference shall, except Magistrate's Court, the the to be context such to or interpretation would repugnant Judicial be deemed to apply to any provisions of this Enactment, Senior
330

COURTS.

331 Enactment,
or

Commissioner of
case a

appointed
Commissioner where

under

this

to

any

Court
as

Judicial
may
or

constituted the reference

" "

by
is to

this Enactment,
"

the

be ; and the Senior Senior

the Judicial of similar

to

sioner Commis-

or

the

Magistrate or Magistrate's Court,"

shall,except
or as a an

to
or

the Judicial
to

Commissioner's

words

import,
to
a

such

reference where
to
as

aforesaid, be deemed
Court of
a

apply

Judicial and Court

Commissioner the reference the Judicial

to

Judicial

Commissioner

is to

appeal
to

from

the Senior

Magistrate's
shall,
a

Commissioner's the Court

Court, such
to
an

reference from

except
of
a

aforesaid, be deemed
Commissioner Courts Federated for
to

apply

Judicial

of

appeal Appeal.
of
as

Court

4. (i) The
law
in the

the

administration States shall be

civil and follows of

:

criminal

com-ts constituted.

Malay
Judicial

(a) The

Supreme
of of of of of
a a

Court, comprising the

Commissioner of the First Second of
an

Court
;

Appeal

and

Courts

(") Courts
(c) Courts

Magistrate Magistrate
Kathi and

Class ; Class
;

of the Courts

(d)

Courts

Assistant

Kathi

(e) Courts
The (ii) shall be

Penghulu. Appeal
and and Courts shall of
a

Court Courts

of

Judicial the
are same

Commissioner
power

of Record

possess

and the

authority to punish Court of Appeal and

for contempt of Court as the High Court of Justice

in

possessed by England.

5. The Courts constituted shall in their by this Enactment in all proceedings pending at have jurisdiction respectivecapacities the coming into force of this Enactment, and such proceedings and all previous proceedings in the Courts constituted by any Enactment and as far as hereby repealed shall be dealt with where necessary, if be the had been had in the Courts as same practicable, may constituted this Enactment. by 6. (i) The of the
proper

Pending
proceedings.

Chief

Secretary to
be Chief

Govermuent
time to

High
person

Commissioner,
to

from

may, time

Avith the approval appoint a fit and and

to

Appointmeut
of Judicial Commissioners.

Judicial

Commissioner
time

such time

number be found

of other
convenient

fit and
to

from as proper persons may be Judicial Commissioners. shall take rank

Such
to

last-mentioned the

Judicial their

Commissioners

according

priorityof

respectiveappointments.

The Chief Secretary to Government with the approval (ii) may, High Commissioner, appoint any fit and proper to person act temporarily as Chief Judicial Commissioner Judicial or as a Commissioner and may, A\ith such approval as aforesaid,at any time terminate such appointment. any of the No (iii) Judicial
a a

person

shall
or

be
a

appointed
Judicial

to

be,

or

to

act

as,

Chief for

Commissioner
at

Commissioner

who

has
or

not

period of
member of any

least five years been a barrister of England of the Faculty of Advocates in Scotland, or an

Ireland,
advocate States

and
or

solicitor of the of them

or

Supreme
of the

Court

of the

Federated

Malay

Colony

of the Straits Settlements.

332 (iv) The

be

No.
Puisne

14
of the such

OF

1918.
Court
if may

Judges
Judicial

Supreme Judges
to be

the

suj)ernumerary law of the Colony Federated of the law Commissioners

Commissioners,
States

that

Colony shall by provision is made be declared by the

Judicial

of the

Malay

supernumerary

of those

States, of the

(v)
when
with

The

Puisne

Judges
the

Supreme

Court

of the

Colony shall,
take rank

performing
the other

duties

of Judicial whether dates

Commissioners,

Judicial

Commissioners

according
as

to

the

priorityof

their
or as

Puisne

respectiveappointments, Judges, whichever

arrangements
Commissioners v.ith
;

Judicial

Commissioners

shall be the earlier. and

(vi) The
the Judicial Commissioner Government

for the shall

concurrence

duties be

made of

places of residence of by the Chief Judicial

Chief

the

the

Secretary

to

provided
at

that

the

Chief and

Judicial that

Commissioner shall be made

shall for the

ordinarilyreside
the attendance Governor The (vii)
his

Kuala

Lumpur

the

and

of any Judges from the the High Commissioner.

Colony
may

arrangements by
time

Chief

Secretary to
from
the any

Government

at

any

draw withother

concurrence

arrangement
Commissioners appear of the

rnade

under

this section such

and

may

require
as

Judicial

to make to him

arrangements
The (viii) be

the

public interests
Commissioners

to demand.

Federated Malay States the of law the be to by Colony supernumerary may Judges of the Supreme Court of the Colony, and in the event of such shall be deemed declaration being made such Judicial Commissioners the Colony. of of the Court to be supernumerary Judges Supreme declared
Arpointment
of

Judicial

Registrars.

shall be attached and belonging to the Supreme resident Registrarof the said Court, who shall be ordinarily and Kuala and such Assistant at Deputy Registrars Lumpur, with the Chief the to to Government, as Secretary Registrars 7. (i) There
ouc

Court

concurrence

of the Chief Judicial

Commissioner,

may

seem

necessary.

The (ii)

Registrar,Assistant

Registrars,and

Deputy Registrars

be required by law to (a) shall perform such duties as they may be required by the Court to do and such duties as they may of the Supreme Court, do and as are discharged by Masters

Clerks

of

the

Criminal

Courts,
Court

officers in the

Supreme
in

of Judicature

Registrars,and the in England

and the value of the

like
;

(h) shall hear

in

applicationsfor and
all
cases

grant probate
where

letters of
estate

administration

respect of which the grant is appliedfor does not exceed such value where also in cases five hundred dollars and
five

exceeds

hundred

dollars

if the

right to
in

such

grant

is

and the value of the estate not contested respect of which thousand exceed the grant is applied for does not one dollars ;

(c) may

make
as

all such
may,

orders
time

as

may

be

necessary

in

such
rules

matters

from
77.

to

time, be
order
so

authorized made
may be

by
the

made

under

Section

Any

altered,
same

varied, or discharged by the Registrar by Avhom made, as occasion may was require.

334
as

No.
Judicial

14

OF

1918.
with the
concurrence

the Chief

Commissioner

may,

of the
in

Chief the
may,

Secretary to

Gazette

heard

by appoint ; provided that the Chief Judicial Commissioner it expedient, direct that when he shall deem appeal any and in any place in the Federated at any time Malay States.
notification

Government,

from

time

to time

be

The (iii) of the the

Raniinar
of inter
se.

Chief

Judicial

Commissioner

may,

with

the

concurrence

Chief

Coiurt The

Secretary to Government, dispense with any sittingof which shall have been appointed under sub-section (ii).
Chief Judicial the other Commissioner Judicial shall be the President take of rank Commissioners 6. soever whatmandatory processes signed by the Registrar shall

11. the

Judges

Coiu't, and
to the

according
SummonseP,
etc., to be

provisions of by
the

Section

12.

signed
sealed.

and

All summonses, made issued or \%ith the

rules,orders, and
Court

shall be

and
how

sealed

seal of the Court.

the

Appeals,
decided.

13. Appeals shall be decided in accordance with majority of the Judges composing the Court, but majority the decision appealed against shall stand. 14. either Whenever
to
a

opinion of
is
no

the

if there

such

Applications.

under

this Enactment
a

an

applicationmay
or

be made Court
a

Court

of

Judicial
in the

Commissioner
to
a

to

the of

of

Appeal,
Incidental directions interim and orders.

it shall be made

first instance

Court

Judicial

Commissioner.

(i)In any civil or criminal proceeding pending before the of Appeal any direction incidental thereto not involving the decision of the appeal and any interim order to prevent prejudice to of the parties pending the appeal may, the claims if the Court of be made Appeal is not sitting, by a Judicial Commissioner.
Court Court

15.

Every applicationunder (ii) of Appeal."

so

this section

shall be entitled

"

In the

Court

(iii) Every order of Appeal.

IN

made

may

be

discharged

or

varied

by

the

APPEALS

CIVIL

MATTERS APPEAL.

TO

THE

COURT

OF

Jurisdiction hear and

to determine

16.

(i) The

Court

of

civil

determine Commissioner

appeals from

Appeal shall any judgment

have
or

to jurisdiction

hear
a

and

order

of

Court

of

Judicial

appeals.

originalor provisions of
terms may

in the exercise made of its in any civil matter, whether nevertheless the of its appellate jurisdiction, to subject

this

Enactment which

and

of any

rules

for

regulating the
which

and be

conditions

in force

upon thereunder.
not

such

appeals shall be allowed

(ii)In any case in force thereunder

the Court
Non-appealable
matters.

the
in

of

Appeal

or by rules provided for by this Enactment time for and the being of procedure practice followed shall be be. as as England nearly may

17. the

appeal followingcases
the

No

shall
:

be

brought
or

to the

Court

of

Appeal

in any

of

(a) where
the

amount

value

of the

subject-matter of
the in

the leave law

suit

is less than

five hundred of of

dollars, except with

on

of
or

Court
or

equity

Appeal wrongful

ground of errors admission or rejectionof

the

evidence

COURTS. is made order the judgment or (h) where parties; (c) where the judgment or order relates to

335

by
costs

consent

of

the

(d) where, by any judgment or

to be

Enactment

for the

time

order

of the Lower

Court

only ; being in force, the is expresslydeclared

Limit
""^

final. the Court leave of the shall,except by special be

of time '"^'

18. Court of
one

(i) No
or

appeal to
a

of

Judicial

Commissioner,
shall be

brought
in

after the

expiration
an

^^'^^^

month. said order

or

The (ii) from

an

period
in

calculated the

the when

case

of such

appeal
was

Chambers the

from

time

order and
was

pronounced
other
cases or

when

appellant first had

at which
or

notice
or

thereof order
a

in all

from

the time

the
in

judgment
the
case

signed,
of
an

entered,

otherwise the

perfected
date of such

of

refusal

applicationfrom
19. shall be

refusal.
Notice ^^^^^
'

of re-hearingand shall be by way brought by notice of appeal. appeal from the whole or any part of any (ii)The appellant may the notice of appeal shall state whether and the judgment or order, is of order such whole and, complained or judgment or part only of in the latter case, shall specifysuch part.

(i) All appeals to the Court

of

A (iii)

notice

of

appeal

may

be

amended

at

any

time,

as

the

Court 20.

may

think

fit.

shall, within the time limited by Section 18, Entry of appeal aj)pellant *"' of Apjjealco^tr^"^"*^ enter the appeal m a list of appeals to be kept in the Court and shall,at the same time, lodge with the Registrar of the Court of of one hundred dollars as securityfor the costs of the Appeal the sum appeal.
The 21. order
to it shall think fit,Further where in any of Appeal may, case ^"'" extend for costs to be given. Such order may securitj^ f^^^^^ requiring security to be given for the costs of the originalsuit

The

Court

further

where and said

the
is not

appellant is residing out possessed of any sufficient

other than
reason

of the

Federated

Malay

States

immovable

States
or

the

relates

where

Appeal be given.
22.
manner

is of

by opinion that appellant

within the

of other

(ifany) circumstances special of past for security payment

property
file in

property within the the appeal to which

the Court
costs

of

should

(i) The
and

shall

the
a

Court

in

the

prescribed time appeal may

be not

memorandum

prescribed Memorandum ^^^^^ of appeal

"

'

in the

prescribedform.
of fit. of appeal shall appeal and it shall
the served
on

(ii)A memorandum
Court 23.
may think notice

be amended

at any

time,

as

the

The

all

affected not
so

by
as

the

affected, but
it may

Court fit and

may may,

be necessary to serve direct notice to be served

in the

parties directly service of parties appeal."

on

any

person

thinlc

meantime,

adjourn the

be just and may as give hearing of the appeal upon such terms may such such order as might have been given or judgment and make notice \Adth such had been made if the parties served originally parties.

336
Notice byof respondent intention contend variation decision.
to

No. (i) It shall

to not

14

OF

1918.
be
necessary

24.

under

any

circumstances

for

for of

give notice of appeal or to file a memorandum respondent by way intends upon of cross the hearing of the appeal ; but if a resijondent that the decision of the Court be below should appeal to contend in sub-section such varied, he shall within the time specified or (ii), be prescribed by special order, give notice time of such as may intention be affected by such contention. to any parties who may shall not diminish Omission the powers of the to give such notice in the discretion of the Court Court be ground for of Appeal but may an adjournment of the appeal or for a specialorder as to costs.
(ii)A
any time notice

by
he

respondent
been
notice

under of

this section the

may

may

be

after

has

served

with

notice have

of been

given at appeal and

withdrawn shall not be the

notwithstanding given
Court
less than

that the

appeal
which

but, subject to any

of

specialorder
before

may

be made,

eight days Appeal.

the

the

day

fixed for the

holding of
directed aforesaid
an

appellant does 20, a respondent who his enter appeal in the list appellant.
Section
Certificate of

If (iii)

not

enter

his

appeal
notice if he
as

as

by
may

has given such

of

appeals

as

were

original
with any

25.

On

the
or

applicationof

any

party who
limited

is dissatisfied

grounds of judgment.

by Section 18 for appealing who has given or made the Judicial Commissioner the judgment or in writing the grounds of such judgment or order ; order shall certify but delay in granting such certificate shall not prevent the apjDellant from proceeding with his ajopeal. judgment
to

order within

the time

Appeal operate

not
as

stay

of execution.

appeal shall not operate as proceedings under the decision appealed the Court of Appeal shall so order. or
26. 27.

An

stay of execution
unless the Court

or

of

from

below

Power

amend,
further and fact.

to admit

(i)The

Court and

shall

have
a

all the Court of with

jiowers
a

and

duties,

as

to in

amendment
its

otherwise, of

Judicial full

Commissioner

evidence,
of

draw

inferences

to receive

be

discretionary power original jurisdictiontogether further evidence questions of fact, such evidence to upon in Court, by affidavit, or by deposition either by oral examination
before be
an

taken
may in any

examiner

or

commissioner.
on

Such

further

evidence
of the

given
case as

without
to matters

specialleave
which
have is

or interlocutory applications

occurred

after the date

decision

from such

which trial further

the
or

judgment
merits

after

appeal hearing
on

brought.
cause as

Upon
or

appeals
matter

from

of any

upon

the
as

evidence of

(save

to

matters

subsequent
and
not

shall bo admitted aforesaid) specialleave of the Court

specialgrounds only Appeal.

to draw

without

The Court shall have power (ii) give any judgment and make any and to make such given or made require. may
The (iii)

inferences which
or

of fact and
to

to

order further

ought

have
as

been
case

other

order

the

the

notice
or

aforesaid may be exercised notwithstanding that powers of appeal may be that part only of the decision may be

reversed of all
or or

varied, and
of the
not

such

powers

may

also be exercised

in favour

any

partiesmay

respondents or partiesalthough such respondents have appealed from or comj)lainedof the decision.

COURTS. to' make

as ajjpeal

337
such
may

(iv)The
whole 28.
a new or

Court
any

shall

have
costs

power

order
seem

as

to

the

part of the

of the

just.
that that
Power to order

If upon to the Court the hearmg of an appeal it appears if it thinks fit, order trial ought to be had, the Court may, be set aside

the

judgment
Where taken
any to the

and

that

new

trial be had.
in
an

29.

evidence

question of fact any in the lower Court

order, be special
taken

is involved

subjectto
(a)
as

bearing on brought before

such

appeal, the Production of lowe^courT. question shall,i^n

as

the Court the

follows

evidence any affidavits ;

evidence

by by affidavit, orally, by
the
or

production

of

(b) as

to any

taken

production of
such

of the notes
as

taken

in the lower

Court

a copy other materials

the

Court

deems

expedient.
for such allowed time
unless
as

30.

On

an

delayed by
Commissioner 31. No

the

appeal, interest, appeal,shall be

otherwise

execution
or a

has

been

interest.

the Court

Judicial

directs.
or

varied, nor shall Errors not substantially of account remanded, misjoinder of orlM^dicUonf case appeal on any any in action of or partiesor causes any error, defect, or uTegularitj^ any merits of the the the or case proceedings in the suit not affectmg of the Court. jurisdiction
decree shall be reversed
in be

Code, 1918," relatmg provisionsof The Civil Procedure and The Advocates and the provisionsof to appeals by paupers Solicitors Enactment, 1914," relating to the assignment of advocates and solicitors in suits by paupers shall apply, as nearly as may be, to to the Court of Appeal by paupers. aj)peals
32.
The
"

"

Pauper

appeals.

33. Council time

From

any
an

civil matter

judgment appeal may

to such

or

order be made
and

of the
to

Court

of

His

Britannic

Appeal in any Majesty in

to

Appeal
Britannic

to His i

Majesty
council.

subject

rules

be

prescribedby

order

of His

regulationsas said Majesty

from time may in Council.

APPEALS

IN

CRIMINAL OF

MATTERS APPEAL.

TO

THE

COURT

34.

(i) The

Court

shall have of its

to jurisdiction

hear

and
a

determine

Jurisdiction mineCTiininai

to

appeals by
missioner
person

any in the

person exercise

convicted sentenced

by

Court

of

Judicial

Comthe

where criminal jurisdiction original

appeals.

convicted to

has
or

been

(a)

death, months,

(h) to imprisonment
or

of cither

descriptionfor
hundred

not

less than

six

(c) to

fine of not

less than

one

dollars,

and of any to the subjectnevertheless such which and conditions rules for regulating the terms upon appeals shall be allowed which may be made thereunder, and to hear and determine appeal which may be referred to it by a Judicial any Commissioner as provided by Section 55.

provisionsof this Enactment

Ill"

22

338
Where (ii)
on or an

No.
accused

14

OF

1918.

person

has
no

such

plea,there
the sentence. accused
with

shall be

pleaded guilty and appeal except as to

been the

victed con-

extent

of legality

no

Where an (iii) appeal except

the

has been person sanction of the

acquitted,there
Public Prosecutor.

shall be

an

(iv)Subject ajjpeal may

35. fourteen

to lie

the
on a

provisions of
matter

sub-section
as

(ii)of Section
on a

40,

of fact

well

as

matter

of law.

Notice

of
;

appeal
limit

of time

for

lodging

notice.

appeal shall be by notice in writing, which shall, the decision days after the date when appealed against was given, be lodged with the Registrar of the Court of a Judicial Commissioner by which such decision was given.
within If (ii) within
in

(i) Every

the

appellant

is in

the said fourteen of the

days

prison, he may either orallyor

to the

in

give notice writing to

the

of

appeal
such

the officer

charge
or

prison,and

such

officer shall forthwith

forward said Court.

notice

the purport thereof

Registrar of
state

the

Every notice of appeal shall (iii) judgment appealed against and be signed by the appellant, except given orallyas aforesaid.
36. As
soon as as

the

of shortly the substance shall and of appeal grounds where such notice of appeal is

Registrar
transmit of record.

to

possibleafter
case

notice

of

appeal

has

been

lodged

or

copies

received,
transmit

the

may

be, the Registrar of the said Court

shall of the Court

to the

Court the
case

of

Appeal

proceedings in of Appeal.
Court may of

for each

of the

signed copy of the record Judges composing the

discretion, on
the

Appeal

37. The
of any

Court

of

Appeal
of

may

in its

action applic

permit appeal on terms, althouijh law not strictly

person

desirous

complied

with.

doing by reason requirement of

and with such substantial

of his not this directions

from so appealing may observed having some formality or some Enactment, permit an appeal upon such terms who be debarred
it may consider desirable be done in the matter.
as

in order

that

justice may

On

appeal

against

acquittal,
accused be may arrested.

Where the Court an appeal is presented against an acquittal, be arrested Appeal may issue a warrant that the accused directing and brought before it and may commit him to prison pending the disposalof the appeal or admit him to bail. of
to

38.

Appeal
operate

not
as

stay of execution.

of whipping (which shall be stayed (i)Except in the case pending appeal) no appeal shall operate as a stay of execution, but the Court below the Court of Appeal may or on stay execution any judgment, order, conviction, or sentence pending appeal on such terms to securityfor the payment as of any money the performor ance or of any punishnon-performance of any act or the suffering ment ordered by or in such judgment, order, conviction, or sentence
as

39.

to the

Court

may

seem

reasonable.

If the appellant is ultimately sentenced (ii) to imprisonment, the of the sentence during which the execution was stayed shall be excluded in computing the term of his sentence.
time
Summary tion rejec-

40. (i) On
in the

of appeal.

considers

reject the

ings receivingthe signed coj^y of the record of the proceedthe Court of Appeal shall peruse and if it the same, that there is no it may sufficient ground for interfering appeal summarily ; pro^^ded that no appeal shall be
case

COURTS.

339
in sub-section

rejectedsummarily, except in the case mentioned unless the appellant or his advocate and solicitor opportunity of being heard in support of the
(ii)Where
is
an

(ii),

has
same.

had

able reason-

against the

appeal weight of

is

brought Judges
that

on

the
or

ground
the

that

the conviction
is excessive is sufficient to in the stances circum-

the evidence

that

the sentence evidence material

it appears to all the the and conviction support

and

that

there
raise

is
a

no

of

the

case was

which

could

reasonable of

doubt

whether that

the conviction the sentence

right or

lead the Court

Appeal

to consider

ought to be reduced, the appeal may, without being set for hearing,be summarily rejectedby an order under the hand down of the Chief Judicial Commissioner that the Judges having certifjing perused the record are satisfied that the ajjpealhas been lodged sufficient ground of complaint. without any
41. (i)If summarily,

reject the appeal appellant or his and solicitor and Prosecutor advocate to the Public or a Deputy Public Prosecutor of the time and place at which such appeal will be of aj^pealsunder Section 34 (iii) the Court of heard, and in cases shall like be notice the to accused. cause a Appeal given to
not it shall
cause

the

Court

of

Appeal
to

does

Notice ti""

and "^ iiearing.

notice

be

given

to

the

Subject to the provisionsof this Enactment, the appeal shall (ii) for hearing at the next sitting of the Court of Appeal for the on matters that shall be held after the hearing of appeals m criminal of the of the record referred to in Section 40 ; provided receipt copy that the Court may, to its satisfaction, on good cause being shewn the of such the next or hearing appeal to postpone any subsequent sittingof the Court.
come

The (iii)

Court

whose

judgment

or

order

is
or

shall, if so required by the Public Prosecutor, furnish him with a copy

in the
case.

Prosecutor

of the record

appealed against a Deputy Public of the proceedings

42.

After

perusing Deputy appeal under

or

the

record
and

of

proceedings

and and

hearing
and his

the

order

on

appellant or
Prosecutor
case

his advocate

if he appears, solicitor,

the Public
in the

^Pr^'^'-

Public

of

an

Prosecutor, if he appears, Section 34 (iii) the accused or

the

advocate

and that
or

if he solicitor,

apjjears,

Court for

there

is

no

sufficient

ground
an

of Appeal may, if it considers dismiss the api)eal interfering,

may

(a)

in

an

appeal
direct
be

from that

order

of

reverse acquittal,

such
or

order

and

further
or

enquir}^
pass

be

made

that
case

the
may

accused

re-tried

committed

for trial,as
sentence
on

the him

be,

or

find him
;

guilty and

according

to law

(b) in

an

appeal
reverse

from the

conviction,
sentence

(1)

findingand
or

the lower for

accused Court

order

him

of competent
or

acquit or discharge re-tried by any committed or jurisdiction

to be

and

trial ;

(2)

alter the

finding,maintaining

the

sentence,

or

340

No.

14

OF

1918.
the

(3) with
(4) with

or

without
or

alteruig
such

finding, reduce
and

the

sentence,
or

without the
so

reduction the

with

or

without

altermg
but
not

alter the nature finding,

as

of the sentence,
;

to

enhance

same

(c)
Additional evidence.

in

an

appeal

from

any any

other

order, alter
in
a

or

reverse

such the

order. Court either which

43. of

(i) In dealing with

may,

appeal

criminal

case

Appeal
such the

if it thinks itself
or

additional
direct

evidence

to be necessary,

take tried

evidence
case.

it to be taken

by
such

the Court

When (ii)

the additional

evidence

is taken

by

last-mentioned

of its opinion such evidence, with a statement Court, it shall certify considered with the additional the case evidence, to the on regard to

Appeal, and the dispose of the appeal.

Court of Unless (iii)
or

Court

of

Appeal

shall

thereupon proceed
directs, the

to

the

Court

of

Appeal

otherwise

accused

his

advocate
is taken

and
;

evidence presence
Judgment.

the additional solicitor shall be present when in the but such be taken evidence shall not

of

assessors.

44. either

On
at

the termination
once or on some

of the

appointed for the purpose deliver given to the parties,

Commissioner
Judgment
certified lower to to be

is

absent,

his

hearing of the appeal the Court shall, shall either then be future day which of which notice shall be subsequently or If any Judicial judgment in open Court. judgment shall be read by the Registrar,

Court.

is decided criminal case on a appeal, the Court (i)Whenever Appeal shall certifyits judgment or order to the Court by which the finding, recorded, passed, sentence, or order appealed againstwas

45.

of

or

made. The (ii) Court

to which

the Court make such of

of

Appeal
as

certifies its

judgment
to

or

order

shall
or

thereupon
order

orders

are

conformable
necessary,

the the

judgment
record

of the

Court

Appeal

and, if

shall be amended

in accordance

therewith.

COURT
Constitution Court of
a

OF of
a

JUDICIAL Commissioner

COMMISSIONER. shall consist of

a

of

46. A Court
Commissioner.

Judicial

Judicial

Judicial

Com-

missioner.

47. AH

summonses,

rules, orders,
issued with

and Court

Summonses,
etc., to be signed and
sealed.

whatsoever

made

or

by
the

the said

shall be

mandatory processes signed by the

Registrar and
48. The
in jurisdiction

sealed

seal of the

Court. and appellate original provided.

Jurisdiction.

said Court

shall liave and criminal

exercise
as

civil and

matters

hereinafter the

Original

civil

49.

(i) The
and

said

Court

shall,subject
Enactments and

to

jurisdiction.

Enactment have

of all other

for the time

in all suits, matters, jurisdiction excepting only that nothing herein

provisions of this being in force, questions of a civil nature,

shall
a

contained
or

be

deemed

to

authorize solemnized
Britain

any

Court Ireland

to

dissolve in any

annul United

marriage

laAA'fully

between and

Christians
or

the

in

British

of Great Kingdom Colony, Possession, or

Protectorate.

342
Original
criminal

No.
The

14
have

OF

1918. jurisdiction for

50. the

said
into

Court and

shall

originalcriminal
committed

jurisdiction.

enquiry
(a)
in the the

trial of all offences

Federated

States, or
on

(6) on

high seas
seas on

board Rulers

in shijis registered

the said States, or States

on

(c) by subjects of the

high
51. dates with
time

board
or

of any of the whether such ships,

not.

said

the

ships be

registered
of the
on

in the said States

Assizes.

(i) Sittingsfor
to

the

despatch

of the

criminal

business

said Court, and the

be called Assizes, shall be held in each State Commissioner at such places as the Chief Judicial of the Chief

such
may,

concurrence

Secretary

to time

by
time

notification before

appoint, either for the year or published in the Gazette or otherwise the dates fixed for holding the same.
Judicial
to

from Government, for particular occasions,

to
a

reasonable

The (ii)

Chief

the
any

Chief such

Secretary
notification

Commissioner, Government, may

fixed may occasion

with

the the

concurrence

of

after

publication of

alter the dates

expedient so to do, and holding Assizes whenever

52.
Sittings for
civil and business. other

appoint

other

for the Assizes, if it shall be dates and places for

so

shall arise for

doing.

of the said Court for criminal Assizes Subject to the sittings of the Court of Appeal, sittings for the trial of suits sittings business not and for the despatch of other civil or criminal dealt and with at the Assizes shaU be held throughout the year at such missioner by the Judicial Complaces in each State as shall be aj)j3ointed in the of State w^herein than or case a therein, more residing resides the then Judicial Commissioner Chief Judicial one by of them otherwise if he be one Commissioner or by the senior of of a State wherein in priorityof appointment, or in the case them resides then Judicial Commissioner no by the Chief Judicial and the Commissioner. 53.

When

In

all

cases

where

the

assessors

punishment
the

of death

is authorized

by

required.

law

the

accused
as

shall be tried with

aid of

assessors.

When
assessors.

no

54.

Except

Enactment the Court 55. Court

for the

be otherwise expressly may time being in force, all cases, those

assessors,

provided by
whether

any civil or

criminal, other

than

mentioned

in

Section

53, shall be tried

said and
both

by
Appellate jurisdiction.

without
as

Except
shall

in

determine
in

all

provided in Sections 56, 59 (iv),and 69, the have to hear appellate jurisdiction power the from decisions of the lower Courts, appeals
its

civil and

criminal
revision

matters,
in

and

may

exercise

full

supervisionand provided that a

that any

respect of all proceedings in such

may,

of powers Courts ; Court of

Judicial

Commissioner
be

in his discretion, direct

criminal

appeal

heard

and

determined

by
of
a

the

Appeal.
56.
No

(i) No
to

appeal
value
one

appeal
a

shall
of value
a

lie from Judicial

of the
a

the

decision

Court
does

of

where
over

not

Magistrate
the
amount
one

Court the

Commissioner of

in any

civil suit
not

hundred dollars.

or

subject-matter whereof
Court
a

exceed

hundred
own

either of its
on

dollars ; but motion the or on

such

Judicial

Commissioner,

applicationof
is wrong

the

ground

that

decision

any party aggrieved call for the in law, may

COURTS.

343
such
as

record

of

the
new

suit

and
or

may

pass

order
seem

thereon,
to

either

by
to

directinga
secure

trial

otherwise,

may

be necessary

substantial the

justicebeing
for

done.
such

(ii)If
no

Court,
exists

after examining

ground
to
case

passing
to

parties
such

be

so

informed

any without suit

order

record, thereon,

is of

opinion
cause

that
the in

it may

callingthem
shall be

before
to

it, and
be heard

neither

party

the

entitled

by
Reservation of

the

Court.

57.
been thinks

(i) When
convicted

Commissioner

any person has exercise in the of

an

in

trial before
*^

Court

of
"

Judicial if he

of its original criminal Commissioner

the
course

iurisdiction may,

"^ '^''^ ^l^^t*^'?"^

upon
ck

offence, the Judicial

for the has decision arisen of in the

conviction,

for

fit, reserve
of law
the

Court

of

question

which

of the

any trial of such event

Appeal

court"of Appeal.

and person the trial.

determination

of which

would

aflfect the

of

convicted shall thereupon be remanded so (ii)The person the Judicial Commissioner thinks if fit,be admitted prison or, bail. The (iii) of it
remit
as

to to

Court
be

of

Appeal

shall review

such

case,

or

siich part
and the with

may the matter

necessary, to the Court thereon to

and

determine finally of
a

the

question
and
seem

Judicial

Commissioner

opinion
such

of the

Court

or

may

give
as

such
the

judgment
Court
may

make
fit.

order

in relation

the OF

matter

to

COURTS 58. A Court of

a

MAGISTRATES. of the First Class

shall consist

Magistrate
Class. of
a

of

court

of

Magistrate
59.

of the Court

First

llfFirsfciL.
of the First Class

(i) A
in

Magistrate

shall,
for
which law the

Jurisdiction.

(a)

its

criminal
term
a

jurisdiction, try

all offences

maximum
not

exceed
all

of imprisonment provided by of three years' imprisonment term which offences

are as are

does

of either

description
and such

or

fine punishable with specifiedin Sections

only
325,

335, 380, 381, 407, 408, 409, 420, 429, 451, 452, and 454 Penal of the Code, provided tha,t the Magistrate is of

opinion
power any law of

that

under

the which of

circumstances he whicli possesses

of
is

the

case

the

punishment
in

offence
to
a

respect
of
a

adequate, is given by jurisdiction

First other

and

Court

Magistrate
and the

of the
to

Class ; and

(b)

in

its civil this

subject jurisdiction,
hear

the

provisions of
within its not

Enactment,

determine
value in

all suits

local exceed

jurisdictionwhen
five hundred shall
have
no

dispute

does

dollars.

(ii)Such

Court movable

jurisdictionto
value of such

relatingto
five hundred Such (iii)

property
shall have
a or

if the

offence try any exceeds property

dollars. Court
no

in jurisdiction
or a

any

action

brought

by a landlord against claiming by, through,

immovable

tenant,
under rent

against
tenant,
in

holding or any person to recover possession of property

property

if the

payable

respect of such

344
exceeds
per
annum.

No.
the
sum

14

OF

1918.
month
or

of

fiftydollars
shall have
such

per

six

hundred

dollars

(iv) Such

Court
any

appeals
the
Court of
a

from

decision

of the

and determine to hear jurisdiction within Court of a Penghulu sitting

local 60. A

of jurisdiction Court of
a

Court. of the Second Glass shall consist of

Magistrate
Second of
a

Magistrate
the Second Class. Jurisdiction.

of a

Magistrate
61.

of the

Class. of the Second Class

(i) A

Court

Magistrate

shall,

the for which jurisdiction, try all offences does of imprisonment j^rovided by law of twelve months' term exceed not a imprisonment of cither descriptionor which are punishable with fine only, is given offence in respect of which and jurisdiction any the Second Class of of law Court to a a Magistrate ; and by subject to the other provisions of {b) in its civil jurisdiction,

(a) in its criminal

maximum

term

this

Enactment,
two

hear

and the

determine value
in

all suits

within

its not

local exceed

jurisdictionwhen
hundred shall and

dispute

does

dollars. fifty

(ii)Such
two any

relatingto

have no jurisdictionto try any offence property if the value of such property exceeds in hundred and no jurisdiction fiftydollars, and shall have mination of immovable suit for the recovery property or for the deterof any right or interest in immovable property. Court movable

Jurisdiction

given
laws

by
not

other

affected.

it unlawful shall render for a Notliing in this Enactment of a Magistrate of the First Class or of the Second Class, in is expressly conferred it by law, in which on case jurisdiction any offence relatingto movable to try an property exceeding in value 59 and 61 or to inflict a sentence the limits prescribed by Sections the Section 71. limits prescribed by exceeding

63.

Court

Preliminaryenquiries.

63. of the

Preliminary enquiries
Commissioner Class
or

into

cases

Judicial

may

be held cither Court of

has
or a

First

by

by a Court of a by a Court of a Magistrate Magistrate of the Second Class.

triable
a

Reservation

of of law

64.

(i) When
of the

questions
upon
a

tion, convic-

for decision

Magistrate been jurisdiction

he

person any First Class

in

trial before Second Class of

m

Court

of

of the
an

in its criminal

convicted for the

of law
the

offence, the
of
has
a

Magistrate
a

by Court
of
a

Judicial

thinks
of event

fit,reserve
any

decision
which

Court
arisen

Judicial
course

if may, missioner Comof the

Commissioner.

question of
and

the

trial

such

the

person of the trial.

determination

of which

would

affect

convicted shall thereupon so person be admitted thinks if the fit, Magistrate prison or,

(ii)The

be
to

remanded bail. such

to

or

The Court (iii) such part of

of it
as

Judicial
may be

Commissioner
necessary, to the lower and

shall review with make

case,

finally determine
Court
or seem

the

question
in relation that
a

and

remit thereon

the matter
or

the

opinion
order

of the Court

may
as

give such
to

judgment
may may

such

to

tlie matter

the

Court

fit ; any

provided
case so

Court

of

Judicial

Ctmnuissioner
to the exercise

refer

reserved of

for its consideration shall

57.

Court the

of

Appeal,

and

the

Court
it

Appeal
Section

thereupon

powers

conferred

upon

by

COURTS.

345

COURT

OF

KATHl,

OF A

AN

ASSISTANT

KATHI,

AND

OF

PENGHULU. Kathi shall have Muhammadan such powers

as

65.

all matters and be in

and Assistant Every Kathi concerning Muhaminadan

all other matters in his kuasa.

in

Powers

of

marriage, and divorce, religion,

law,
may

51=^^^
Kathis.

regulated by
the
as

defined 66.

Subject to the provisionsof Penghulu shall have such powers

67.
value dollars All suits

next may

followingsection,
be defined

every in his kuasa,

powers

of

^enghuius.

of the
maj^ In the

brought by or against Malays or other Asiatics the does not exceed twenty-five subject-matter whereof and determined be heard by a Court of a Penghulu.
event

jurisdiction Court where

over

ot

of

Penghulu
value not

twenty-five
of

68. of
may
an

of any
or

lawful of
a

order

made
not

by

Court

of

Kathi,

dollars. Enforcement orders.

Assistant

Kathi,
matter,

Penghulu
a

report
of
a

the

with

Court and either itself 69. of

a

Magistrate
it shall such it to

of the
be the

copy First

of all Class

Court being obeyed, proceedings therein, to a

A^thin the
same

such

district,
Court

thereupon
to
or

enforce
to

order
another

as

duty of though
Court

such
it

last-mentioned
an

Avere

order

made

by

send

for execution. from

any

(i) No
or

appeal
of
an

shall be

brought
Kathi in

decision Court

of

Court

Appeals
court
or
an

from
a

Kathi
any

Assistant

to any any

other

; but

appeals
and

of
to

Kathi Ruler
-

Assistant

from

such

decision the Ruler

given
of such

determined

by
Ruler

State

State may in Council

be

heard

Kathi

in Council.

of any State in Council by resolution duly may, the the of Council mittee Commembers from a recorded, appoint among aforesaid and in such determine hear and to appeals as may Committee to add so appointed. dissolve, alter, or like manner any

(ii)The

The be

decisions the

of any Committee so of the of the Ruler decisions Ruler

rules

appointed
State
may

shall

be

deemed

to

in Council.

The (iii) Gazette

any

of any
to
as

State

in Council

make

regulate the
aforesaid
and

such

appeal

by notification in the procedure bringing or hearing the fees, if any, to be paid in

in
as

connection

therewith. in any

(iv) Whenever
dismissed,
the
case

State

the

Ruler

of such

such appeal any the State in Council or

aforesaid

is
as

Committee,

may

be, dismissing the

appeal

may,

if the

bringing of

such

the frivolous been vexatious, order to have or appeal appears hundred not exceeding two appellantto pay by way of penalty a sum and dollars direct the A^hole or any and fifty part thereof to may under this order made of any be paid to the respondent. A copy of such State the Resident be communicated sub-section by may of a Magistrate therein, and thereupon it shall be the Court to any order such order as though it were such Court an of to enforce duty

made

by itself.
MISCELLANEOUS.

70. seals

(i) The
shall

Court
have

of

Appeal
use,

and
as

and

Court every occasion may

as

of

Judicial

missioner ComSeals. seal

or

require, a
the

bearing

such. device
may, with

and
the

inscription

Chief

Judicial
to

Commissioner

approval

of the

Chief

Secretary

Government,

direct.

346 (ii)Every Court

may inscriptionas the
as

No.
of
a

14

OF

1918.
State
shall have

occasion

Magistrate in any require, a seal or seals

Resident of such State

and

use,

bearing
may,

such

device
the

and

with

approval
is

of the

Chief

Secretary to Government,
such direction
as

direct. referred
use

Until (iii)

is hereinbefore seal
or

to

given
at

in respect of any the commencement

Sentences.

Court,

the

seals may

in

by

such to

Court be

of this

Enactment

continue

used. the

71. Courts

The

following are the sentences respectively: specified,

Court of
a

which

may

be

passed by

(a) A

Judicial

Commissioner

"

Any (6) A

sentence

authorized

by

law

;
"

Court of a Magistrate of the First Class Imprisonment for a term not exceeding twelve Fine dollars ; not exceeding five hundred Whipping not exceeding twelve strokes ; of
a
"

months

(c) A Court

Class Magistrate of the Second for term not a Imprisonment exceeding three months and hundred Fine not exceeding two fiftydollars ; Court Fine of
not
a

(d) A

Penghulu

"

exceeding
of
a

ten

dollars. may from

persons time
as

Justices Peace.

of the

72.

(i) The
as

Resident in the Justices

may

State

to he

time,
or

by
any

notification fit to act

Gazette, appoint such

of the Peace
manner

shall deem

within

and

for such
any

State

part thereof, and (ii)Justices

area

in like Peace
are

revoke and

such

appointment.
within
be the

of the

shall have such

may

exercise
as may in force

for which
them

they
the

appointed
of Criminal

powers

conferred
time

upon

by

Code

Procedure

for the

being.
Fees ot

Legal

73. Adviser
on

In

any to

civil

proceeding

before

any

Court

in which

the

Legal
to

Adviser.

the

Government said of the for the Ruler

of the Federated
or

Malay
Chief of the
a

States State

appears

behalf

of the
or

Government
or

of the

Secretary
and

Government
are

Government
or

costs

adjudged

for such
or

Government

for

Chief

to Seci'etary

Government otherwise
which

Ruler,

such

costs

shall, unless
of the
of tables

the

Court

orders, include
be in time to

fees for the

witli to be

services any

Legal
fees

Adviser
costs and

shall

accordance time

and

prescribed from
solicitors with
any

chargeable by
be may Enactment

advocates
in

of the

Supreme
of such

Court

and this

taxed

accordance
taxation

rules in force
costs

under

for the

of

the fees and

advocates

and

solicitors. admitted
to

Admission advocates solicitors.

of and

74. (i) The and advocates provisions of any Enactment

solicitors and

hereby repealed

Supreme
Court

Court

shall

be

advocates

solicitors

the by or under practice in the of the Supreme

under

this Enactment. Commissioner

time and to time may in his this

(ii)The
to the

Chief Judicial

discretion, subject Enactment,

Court admit of the

rules in force from

as an

under

and

enrol

advocate States

solicitor of the

Supreme

Federated

Malay

COURTS.

347
of Great
Britain

(a)

any

barrister-at-law
;

or

advocate

and

Ireland

(6) any
(c)
any
or

member
solicitor

of the of the

Faculty Supreme
the
Law the

of Advocates Court

in Scotland

or Ireland, respectively,

writer

law

agent under
Acts

in England signet or enrolled Agents (Scotland) Act, 1873, to the

;

of Judicature

and

amending
and of the who

same

(d) any Colony

(e) any
in

advocate

solicitor

of

the

Supreme
;

Court

of the

Straits
has
an

Settlements
as

person the office of

served advocate

law and

clerk

or

articled

clerk

solicitor of the States for

the

Court

of

the
;

Federated

Malay
has served

Supreme period of
in the

five years

(/) any public employment

States
or

officer who of the of the

or a as

for

three

years

Government of the

of the Straits
or

Federated Settlements Assistant

Malay
as a

Colony
a

Magistrate Judge or as
or

District

Judge

District

or as a Registrar Deputy Public Prosecutor the in or Deputy Registrar of a Court Federated Malay States or of the Supreme Court of the Official Assignee in Bankruptcy Straits Settlements or as in such who and after such subjects legal examination the such Chief Judicial Commissioner and as by persons be approved of as fit and competent. appoints may

Assistant

75.
or

No

Judicial
person

Commissioner,
act

Magistrate, Justice
be

of the sued

Peace,
in any

protection

of

other

shall acting judicially

liable to

be

^^^l\f

Civil Court

for any
or

done within

by

duty,
any time

whether

not be

the limits of his

order in

for costs
faith

made

good
act

believed

discharge of his judicial shall nor jurisdiction, the that he at him, provided against himself do to have to or jurisdiction
him in the

order

the

complained

bound orders warrants to execute or any person Judicial Commissioner, Magistrate, Justice of the Peace, or other shall be liable to be sued in any Civil Court acting judicially person for the execution
to execute

of ; and no the lawful

officer of any

Court

or

other of

of any
the

warrant

or

order

which

he would

be

bound
same.

if within Council

of jurisdiction Judicial

the person

issuingthe
of which
once

76.
notice

(i) A

of the
to

Commissioners,
shall shall assemble be fixed
as

due
least

council

of

sliall be j^ear, Enactment

given
on

each

of them,
or

at the

commissioners.

in every

such

day
of
or
"

days

by

Chief

Judicial
of this

Commissioner,
and

for the

of consideringthe operation purpose The Civil Procedure Code, 1918," and for the time

of any other Enactment to civil procedure and

the

Rules

being m

force

relating

also
to

the
the

working
duties

of the

several

offices and

arrangements
and of

Court

enquiring and

to exist appear the law in the

or

in any

other shall

and

they
what

Supreme examining into any defects which may of in the system of procedure or the administration in its original and appellatejurisdiction said Court wliich from Court appeal lies to the said Court ; any the ment Chief Secretary to Governto annually report
relative
or

of the

officers of the

(ifany) amendments
be

alterations law

it

would,

in

their

judgment,

expedient

to make

in the

relatingto the

adminis-

348
tration to the

No.
of justice and administration
shall of

14
make

OF

1918. representations with

any

regard

justice which
Council of the

they
Chief

shall

think

fit.
may

(ii)An
also at
any

extraordinary
time be

Judicial

Commissioners

convened under the

by
Federal

the

Judicial shall with

Commissioner. all convenient

Every report made (iii) despatch be laid before

Tlules.

this section Council.

77.

(i) The
or

Judicial
two may with

Commissioners of whom the

appointed
Chief
the
not

under

this Enactment Commissioner the with Chief this

in the

any
one,

of them, from

Judicial

shall be

time

to time,

with

a,pprovalof
inconsistent

Secretary
Enactment Federated that
is to

to
or

Government,
any

make
law
or

rules,
for the
any

other

time

Malay
say
:

States, for all

of the

being following purposes,

of all the

in force

(a) for regulating the

mentioned
in

practice a,nd procedure

4

Courts

Section

(i);
of persons Court ; and for
same.

(b) for regulating the

solicitors of the

admission

to

be

advocates

and

Supreme
of fees solicitors of the

(c) for

fixing

tables and

costs their

to

be

advocates for the Such (ii)

services

chargeable by and j^roviding Secretary

to

taxation when

rules,
shall

Government,
as

be

approved by published in the

the
same

the

Chief and had

Gazette if

publication shall

have

force

as

they

such ujion enacted been

part of this Enactment.

The ENACTMENTS
I.
"

Schedule. REPEALED.
ENACTMENTS.

STATE

State.

No.

and

year.

Short

title

Perak

13 15 15 13
. .

of 1905 of 1905 of 1905 of 1905

The

Courts

Enactment,
Do. Do. Do.

1905

Selangor Negri Serabilan Pahang Negri Sembilan

Perak

8 of 1907

The

Courts

Amendment
1 of 1908

The

Courts

Amendment

Enactment, Enactment, Enactment, Enactment,

Do. Do. Do.

1905,
1907

1905,
1908

Selangor Negri Serabilan Pahang

. .

! of 1908 I of 1908 3 of 1908 21

Perak

of 1909

The

Courts

Amendment

Enactment, Enactment,
Do. Do.
Do.

1905,
1909

Selangor Negri Sembilan Pahang

. . . .

21 22 27

of 1909 of 1909
of 1909

ENACTMENT

NO.

15

OF

1918.

An

Enactment
to

to

consolidate

and

amend

the

law

relating

Civil

Procedure.

Arthur

Young,
President

[26th
the Federal Council.

September,
1st

1918.

of

January, Malay

1919.]
States

It
in

is

hereby
as

enacted follows

by
:
"

the

Rulers

of

the

Federated

Council

PRELIMINARY. 1.

Short
commence-

title

and

(i) This
1918,"
shall
come

Enactment and is
into

may

be

cited
to

"

as

The

Civil
"

Procedure this
1919.

ment.

Code,
and

generally
force
on

referred the force

1st

heremafter of

as

Code,"

day
of this be

January,
Code the
to

Repeal.

(ii)Upon
mentioned

the
in

coming
first column last the

into

Enactments
extent

the

schedule of the

shall said

specified
declarations subsistence remuneration from

in

the

schedule scales

the repealed ; provided

that for

all the of

by
of

High
official

Commissioner,
receivers,
in

of allowances of of and and

judgment-debtors,
for

appointments exemptions
and rules

scales of made
were

persons

rank
or

personal

appearance
any

Court,

forms which this

prescribed under force immediately

so

Enactment
to

hereby
commencement

repealed,
of

in

prior
been

the

Code

shall,
be

far

as

may to

be

consistent

with
or

deemed

have the

made
into

the provisions of this prescribed under of

"

this Code.

Code,

(iii)Upon
1912,"
Pending
matters.

coming
XXIII
or

force Code

The be

Bankruptcy repealed.
of the

Enactment,

Chapter
suit Code

of

this

shall
at

^iv) Any
force and
manner

matter

pending
so

the

time

coming
be
in

into

of this

shall,
with

far the

as

circumstances

permit,
of
this

continued the
same

proceeded
in every

under
as

provisions
same

Code

respect
be

if the

had and
be

been
in any

originally
such for
suit suit

instituted
or

after
all

the

commencement

of this made
as

Code,
may which

matter
;

such

orders that
may, matter

may

necessary any such

that
or

purpose matter

provided pending
suit up
or

the
on

Court reasonable be
or

before

is

cause as or

being
if this
to any

sheAvn,
Code had

direct
not

that
been

such

shall

continued
to

passed
matter

to

tlie

execution

decree

stage

of the the

suit

or

which this 2.

the Code
In

Court shall be

may

direct, after

which

stage

provisions

of

applicable.
uuless
"

Interpretation.

tliis
or

Codc,

there

be

something

repugnant

in

the

subject
"Chief Federated

context

Secretary" Malaj^
States

means

the

Chief

Secretary

to

Government,

; 350

CIVIL

PROCEDURE

CODE.

351
a

"

Civil

prison

"

means

persons
"

arrested
"

under

prison or any civil process are

transfer
or

part of
confined

prison
; ;

in

which

Conveyance
Decree
"

includes the
or as

assignment
an

"

means

formal

expression of
set the up, in
a

adjudication upon
when
such

any suit
"

right claimed,
so

defence

Civil Court

adjudication,
or

far

regards
any

Court

expressing it, decides

in

the

ajipeal;
"

Decree-holder
been

means or an

person whom

whose

favour
has

decree

has and

passed
;

order

capable
to

of execution such

been
or

made,
is

includes

any

person
"

decree

order

transferred
"

Foreign Court Federated Malay

" "

means

Court

situate

beyond
of
a

the

limits

of the

States
"

;
means

Foreign judgment Judge

"

the

judgment
of
a

foreign Court
;

means
"

the

presiding officer
the
statement
;

Court the

means Judgment grounds of a decree or

"

"

given by

Judge

of the

order
"

has
"

Judgment-debtor been passed or an Legal

Lower and Adviser" Federated

means

order
means

decree a against whom person execution of has been made capable ;

any

the States

Legal
;

Adviser

to

the

Government

of the
"

Malay
"

Civil Courts Courts

means

Courts

of

Magistrates of
Class
;

the

First

Class
"

of Magistrates of the
"

Second

Mesne those profits which the person profits of property means wrongful possessionof such property actually received or might with received therefrom, together with ordinary diligence have but does not include interest on such profits, due to improveprofits ments made in the wrongful possession by ; person
in
"

Order
which

"

means

the
a

formal
;
"

expression of
means

any

decision

of

Civil

Court
"

is not

decree

Originating summons in a pending summons

''

every
;

summons

other

than

suit

or

matter
same

Public Penal

officer Code

"

bears

the

meaning Deputy

"

as

public

servant

"

in the
"

;
"

Public

Prosecutor
"

includes Assistant

Public

Prosecutor

"

Registrar
of the

includes
means an

Registrar ;
and solicitor of the

"Solicitor" Court

advocate

Supreme
to

Federated

Malay
exercise

States. of
this

3. The

following portions
Court Sections
in the

Code

shall

not

apply

the
"

Provisions

not court.

Supreme namely.
far
as

of its

originalcivil jurisdiction

supreme

it relates

to

48, 111, 183, 184, 185, 186, 187, 188, 189, 190 (so the manner of taking evidence), 198, 199, 200,
of Section
452
as

202,

and

so

much

relates

to

the

making

of

memorandum. 4. The shall

the

schedule Chapters and sections specifiedin the second below far the Civil Courts to as are apply (so they applicable) of
a

^'""J'j|f^^"|
Lower courts.

Court

Judicial

Commissioner.

The

other

Chapters

and

sections

shall not

apply

to

such

Courts.

352

No.

15

OF

1918.

PART SUITS IN

I. GENERAL.

Chapter RES
Pending
suits.

I.

JUDICATA. has been

5. Court
in

Except
shall

where

suit

stayed
suit

under

Section the
a

14,

no

issue

is also suit

proceed directlyand
for the
same

with

the

trial of any relief between

in which issue in
same

matter

substantiallyin they
or

instituted
between in the
same

the of them

parties under
or

whom

any

])reviously parties,or claim, j^ending

any

Federated
Explanation. the
on

Malay
"

in the superior or inferior, such relief. to States, having jurisdiction grant

other

Court,

whether

The in the

pendency
Federated

of

suit

in

Coiirts
cause

Malay

States

Foreign Court from trying

does
a

not

clude pre-

suit

founded

the

same

of action.

Res

judicata.

6. No

Court

directlyand
in issue

any substantiallyin

shall

try

suit issue

or

issue been

in

which

tlie matter tially substan-

has

directlyand

in

former

parties
the
same

under

whom
a

title,in
in

the has

suit been

which and
I.

heard

between or parties, under claim, litigating they or any of them suit Court competent to try such or subsequent issue has such been subsequently raised, and decided finally by such Court. suit between

the

same

Explanation has been decided

"

The

prior to
II.
"

the

expression "former suit in question,

matter

suit"
whether

denotes
or

suit

which

not

it

was

instituted

prior
have

thereto. The

Explanation been

above
and

referred denied

to
or

must

in

the

former

suit
or

alleged by one impliedly, by the other.

Explanation made have

party

either

admitted,

expressly
to be have

III.
of matter IV. the

"

Any
or

matter attack and

which in such

might
former in

and
suit in

ought
shall such

been
to

ground
been
a

defence

deemed

directly
"

substantially
in

issue

suit. is not be

Explanation

Any

relief claimed

the

plaint which
of this

expressly
deemed
to

granted
have
been

by

decree

shall, for the

purposes

section,

refused.
V.
as
"

Explanation when the it is such

decision Court

is

final within
it could not of meanmg

the

the

making
or

alter its
own

of this section meaning (except on review) on motion. this A decision

liable

application to appeal
is made.

of

either

party
final

reconsider

may

be

within

the

of

section

until

the

appeal
right
persons
or

Explanation of

deemed

VI. Where litigate boiiu fide in respect of a public persons and in common for themselves others, all private right claimed interested in such of this section, be right shall, for the purpose claim the to under so litigating. persons
"

Explanation

VII. evidence
be

"

Where
that

foreignjvidgment
be
a

is relied

on,

the

production
is of

of any

document

purporting

to

certified
was

copy

presumptive
competent

such
the

judgment
contrary

foreign judgment pronounced by a Court

of
a on

jurisdiction, unless
may

appear want of

the

record

but

sucli

presumption
When

displaced by proving

jurisdiction.
to any matter

foreii,'!!
not

judgment
conclusive.

7. A foreignjudgment shall be conclusive between the directly adjudicated upon

as same

thereby
between

parties or

CIVIL

PROCEDURE

CODE.

353 litigatmgunder
Court the

under jiarties
same

whom

they
not

or

any

of them

claim

title, except (a) where

it has

been

pronounced by given
on

of competent

jurisdiction ; (6) where

(c) where
on an

it has

not

been
on

the

merits

of the

case

it apjjears incorrect

the face of the

view

proceedings to
law
or a

be founded

of international Federated
such law

refusal

to

recognizethe
of them
in

law

of the
in which

cases

Malay States or is applicable ;

was

of any

(d) where
are

the proceedings in Avhich the judgment opjiosed to natural justice ;

it has

obtained

(e) where

been
a

obtained claim

by

fraud
on

;
a

(/) where

it sustains

founded

breach
or

in force in the

Federated

Malay
II. OF

States

in any

of any law of them.

Chapter THE 8. PLACE

SUING. Court of the lowest

Every

suit shall be instituted to try it. "^

in the

grade

c"jurt

in which i

competent "^

suit to be instituted.

9. The provisionsof this Chapter are subject to the limitations "The courts The Courts Enactment, 1918," as to the jurisdiction ^"^g'=*""'i* prescribedby of the Courts for the administration in the Federated of civil justice States. Malay
"

10.
tion

The

Resident

of

State

may,

from

time

to

time, by notificaCivil Courts exercises State force.

into in such
a

j^og^i iij^i,g ^j Lower civii

in the

Gazette,define
Unless

the local limits until the Lower when

of the Lower of Civil Courts this Code Court

comes

in such

State.

and

Resident

State

this power, the local limits of the shall be those existing at the time 11. be

(i)Suits
m

or

proceedings in
where
two

the

Supreme

shall

ordinarily^j^^^
court

instituted

andproceed^"^ Supreme '"^"^

(a)

the

State
are

the
or

defendant

(.

resides,
in

or

may

be

instituted.

(b) if

there
one

more

defendants,
facts
or are

the

State

where

of them
in

resides, or
which the
exist to the

(c) in the State

but if it is made
to

either jurisdiction appear

constitutingthe ground alleged to have occurred

or a

of
;

Court

Judge thereof, on

the

fair to the parties, applicationof either party, to be more having all suit the of to circumstances the to allow regard a or case, in any State, proceeding to be brought in, removed to, or continued if all the partiesto such suit or proceeding the Court or or agree, Judge may allow such suit or proceeding to be brought in, removed

to,

or

continued

in such

State.

(ii) Nothing in sub- section (i)contained shall affect any power The Courts Enactment, 1918," to appoint dates and by of the places for the despatch of the criminal and civil business
conferred
"

Court.
iir"

23

354
Where Lower
may

No.
(i) AH
within
cause

15

OF

1918.
shall be instituted in

suits Courts

in a

12. Court

suits the

in the

Lower

Civil Courts of whose

or

local limits

be instituted.

jurisdiction
part, arises
;
or

(a) the (b)

the

of action,
or

wholly
the

in

defendant,
than

each at

of the
time

defendants of the

where

there

are

more

one,

commencement carries
on

of the
business

suit
or

actuallyand voluntarilyresides,or personally works for gain ; or

of the
time

(c)

any

defendants, where
of the
commencement

there

are

more

than

one,

at

the

of the

suit

voluntarily resides, or carries on for gain. Provided that works is given or leave of the Court
not

business
in

actually and or personally

either who
the

such

case

the
or

defendants

do for

reside

or

carry

on

business

personally work
institution.

gain, as
Explanation
and
at

aforesaid, acquiesce in such

"

I.

Where

person
at
cause

has
of

also both such

temporary residence places in respect of any

a

another

dwelling at one permanent place to reside place, he shall be deemed he action arising at the place where
a

has

temporary
II.
"

residence.
A

Explanation its sole

cavise or

corporation
in any the

shall
where

be

deemed

to

carry
or,

on

business

at

such

principal office of action arising at place.

Federated

Malay
it has

States,
also
a

place

respect of any subordinate office, at

in

Illustrations.

(a)
his
to in the

is

tradesman
Telok

in Telok Anson,

Anson.

carries
A A and

on

business
A the

in
to

Ipoh.
deliver

B, by
them

agent
Telok

in

buys
States
sue

Federated Anson. where the

Malay
A
cause

goods of Railways.
for has

requests

may of

Anson,
business.

action

goods accordingly the price of the goods either in Telok B carries on arisen, or in Ipoh, where
Kuala
and C A A.

delivers

(b)
and
where where the leave

resides

at

Kuala
at

Kubu,
deliver
arose.

at B it to

Lumpur,
make may
sue

being
on

together
demand of
or

Kajang,

payable
B

and action
at

the

cause

He
where

resides,
the

Klang,

also may C resides ;

the suit

C at Klang. A, B, joint promissory note B and C at Kajang, sue them at Kuala Lumpiir, and
a

but
cannot

in

each

of these

cases,

if
the

non-resident
of

defendant

objects,

proceed

without

Court.

(ii)A Judicial Commissioner may, motion, order that Carty, or of his own
Court pivil other
nature be

transferred Civil Court

amount
a or

for trial to

application of any pending in a Lower any the Supreme Court to any or

on

the

suit

Lower
or

competent
value

to try the

same

in

respect of

its

the

of its

subject-matter.
for
wrong
was

Suits

for
to
or

13.

Where
or

suit

is

for

compensation
if the

done

to

the
the

compensation
l"jr wrongs

person movables.

person local limits

to

movable

property,

of one the defendant resides, jurisdiction the local for gain, within carries on business, or personallyworks or be instituted of another limits of the jurisdiction Court, the suit may at the option of the plamtiffin either of the said Courts.

of the

wrong Court and

done

within

Illustrations.

(o) A, residing in Seremban,

in Port Dickson
or

beats

B in Port

Dickson.

B may

sue

either

in

Seremban.

(6) A, residing
of
B. B may
sue

in A

Kuala

Lipis, publishes
in

in Pekan

statements

defamatory

either

Pekan

or

in Kuala

Lipis.

CIVIL

PROCEDURE

CODE.

355
in
more

14. Court

(i) Where
is

suit in

which
a

may

be within

instituted the
local

than

one

rower

to

stay

instituted

Court

limits
not
or

of
or

whose do
not

'whweau^
"^^ ^^t^^eg^je^

does all the defendants or jurisdiction the defendant actually and voluntarily reside, or carry on business, Avork notice for in to

gain,

the

defendant

or

any

defendant

Court

writing to the other parties of stay proceedings,apply to the

personally within J^'^isdiction. giving may, his intention to apply to the Court accordingly.
after

(ii)If the Court, after hearing such heard, is satisfied that justiceis more

of the

partiesas
done

desire to be

to be lil^ely

being or finally
the costs

instituted

in

some

other

Court, it may
make such
the

by the suit stay proceedings either

as

till further

order, and

order
any

it thinks

fit as

to

already incurred
such
case,
an

by

partiesor
thereon

of them. Court the shall return

In (iii) the

if the

the so plaintiff requires, of

plaint with proceedings. (iv)Every

after service
not
so

endorsement

order

staying days

such of the

application shall
summons on

be

made

within

fourteen
any the

the to

applying shall
suit.

be deemed

applicant,and have acquiesced in

defendant
institution

of the 15.

Where

the Court, under

re-institutes plaintiff be chargeable with

14, stays proceedings,and the shall not his suit in another Court, the plaintiff
Section Court fee. fee has
that

Remission salt

of

instituted^

any

court"*^'^^'^
been
the

Provided
the

that

the

proper

suit in the former

Court, and

paid on plainthas

the been

institution

of

returned

by

such

Court. Chapter PARTIES TO III. SUITS.

in v/hom right to who may be joined as plaintiffs any act or transaction relief in respect of or arisingout of the same or plaintiffs. transactions is alleged to exist, whether series of acts or jointly, in the alternative, where, if such or brought severally, persons arise. fact w^ould of law or suits, common question separate any

16.

All persons

may

be

17. Where
may embarrass

it appears
or or

to the

the

Court

that

any

Power joinder of plaintiffs

to order
"

delay
make
may

trial of the other

suit, the
as

Court
be

may

order

^^^'^'^^

separate trials
18.

such

order
as

may

expedient.
any
who may be

All persons relief in to right action

or

be

joined

defendants

against whom

series

act or transrespect of or arisingout of the same is alleged to exist, whether of acts or transactions in the

a"ef"ndants.

or jointly,severally,

alternative, where,
any
common

if

separate

suits
or

were

Ittrought against such

would 19.
arise.

persons,

question

of law

fact

Judgment

may
or

be
more

given

without

any

amendment
may
or

or'f^Snstine
be found
may to
^"'"*' plrTes!
"^

(a) for such one be entitled

entitled

of the

as plaintiffs

to

for such relief,

relief

as

he

they
may

be

to ;

(b) against such one or more to be liable, according

of the defendants
to

as

be found

their

respectiveliabilities.

356
of

No.
It shall not

15

OF

1918.
defendant be interested
as

Interest defendant.

20.
to

be necessary
in any at

that every
suit

all the 21. The

qj.

relief claimed

against him. partiesto

.

Joinder

of
on

plaintiff may,
g^j^y Qf ^\^q persons
''

his

option, join as
or
./'j

the

same

parties liable
same

g^j^ q\i
on

Severally,

iointly and
to
-,.,,

severally, liable
of

contract.

any

one

contract,
notes.

mcludmg

.it

parties

bills

exchange

and

promissory
One
sue

party
or

may defend on of all in

22.
interest

(i) Where
in
one

there

are or

numerous more

suit,

one

behalf
same

interest.

of jDcrmission
on

behalf

Court

the Court, sue or for the benefit of all persons interested. But the so shall in such case the at notice of the give, plaintiff's expense, of
or

having the same persons such with the persons may, be sued, or may in such suit, defend,
of

institution

of the suit to all such the number

cause (where is not reasonably practicable) by public advertisement,

from

persons either by of persons other or any

personal service
such
as

or

service

the Court

in each

case

may person
or a

direct.
on

Any (ii)
instituted
to
Suit not to fail

whose under
to

behalf

or

for whose

benefit

suit

is

defended

sub-section suit.

(i) may

apply

to

the

Court

be made 23. No

party
shall

such

suit

be

defeated

by

reason

of the

misjoinder

or

of by reason misjoinder or non-joinder.

non-

joinderof
in

and parties,
so

the Court far

as

may

matter

controversy

regards

in every suit deal with the the rights and interests of

the
Court may substitute add

partiesactually before
(i) Where
as a

it. been instituted

in the
name

24.
or

suit has

parties.

person

or plaintiff,

where of the and

it is doubtful

whether Court been has

of the wrong it has been

may
so

instituted

in the

name

the right plaintiff, the

suit

at

any

stage of the

suit, if satisfied that

in

instituted

through
persons
terms
Court dismiss may
or

hondf.demistake
or

of the real matter the Court Court the

dispute so
added

that it is necessary to do, order

as

for the determination

any

other

person

or

to be substituted
as

or plaintiff plaintiffs upon

such

thinks
may at

just.
any

add

parties.

stage of the proceedings, either uj^on party, and on such terms as the thinlcs just, order that the name Court of any party improj^erly whether struck be as or defendant, joined, plaintiff out, and that the
The (ii)
or

without

applicationof either

name

of any

person

who
or

ought
whose

to

have

been before

joined, whether
the Court
may

as

or plaintiff

defendant,
in order

presence

be

necessary

to enable

the Court

adjudicateupon
be added. No (iii)

and

settle all the

and completely to effectually in the suit, questions involved

friend,
without
ant defendWhere added,

or

shall be added as person friend of a the next as his consent.

a

plaintiff suing under plaintiff

the
in

without
any

next

disability,
the be

(iv) Where
Court otherwise
and necessary, the

defendant

is

added,
the

plaint shall, unless

such
manner as

plaint
amended.

to

bo

directs, be
amended
on

amended

may

copies of
new

summons

and

of the
thinks

plaint
on fit,

shall be served

the

defendant

and, if the Court

defendant. original
time being relating against any person

(v) Subject to the provisionsof the law for the

to

the

limitation

of suits, the

proceedings

as

358

No.

15

OF

1918.
of any
contract

(b) claims
the

for

damages
or a

for breach
any

under

which

property

part thereof

is held

; and

(c)

claims

by

remedies
Claims

under
or

or chargee to enforce mortgagee the mortgage or charge.

any

of

his

by

or

31.

No

against
executor.

shall be

claim by joined with

which

claims

last-mentioned
in

claims

respect of
or

or administrator, as such, against an executor unless the by or against him personally, are allegedto arise with reference to the estate is sued defendant the plaintiff sues or or as or are

executor

administrator
the to

such

as

he

was

entitled

to,

or

liable

for, jointlywith
Plaintiff may

deceased the
unite

person

whom

he represents. II and
causes

32.

(i) Subject

provisions of Chapter
in the
or same same

of Section
of action

join several of action. causes

30,

the

plaintiff may
causes

suit

several

against the same plaintiffs having against the same

unite such
causes

defendant

the

defendants

of action
or

in which

defendant,
of action
to

the
same

same

jointly ; and any interested they are jointly defendants jointly, may
any

in the the
or

suit.

(ii)Where
cannot at

it appears

Court

that

such

causes

of action
may

be conveniently tried
time

any

before

applicationof any if the partiesagree,

to be had
or

disposed of together,the Court motion or on hearing, of its own defendant, or at any subsequent stage of the
the first order

the
suit

separate trials of
order
as

make

such

other

may

such causes any be necessary or

of action

expedient

for the

separate disposal thereof.

of the Where of action united, the jurisdiction causes are (iii) value of the or as regards the suit shall depend on the amount the suit,whether aggregate subject-mattersat the date of instituting sub-section order has been made under not an or (ii). Court
Defendant may to confine

33. the
same

(i)Any
of in
issues

defendant
causes

alleging that
of action at any any may

apply
suit.

suit several
one are an

disposed
or,

suit

where Court
as

settled,before
order

in has united plaintiff be conveniently before the first hearing, time evidence is recorded, apply to which cannot
to

the

the

for
may

action

be
on

confining the suit conveniently disposed of

the

such
one

of the

causes

of

in

suit. to the appears all be conveniently

(ii)Where,
Court that the of in be

hearing
of action

of such
are

it application,
as

causes one

such

cannot any

disposed
action to

suit, the Court

make
may such

excluded, and
may

order may the direct order

as

of such be

causes

of

plaint to
as

amended
be

accordingly,and by
the

to costs

may

just.

(iii) Every amendment

made

under

this section

shall be attested

signature of

the

Judge.
Chapter V. AND SOLICITORS.

RECOGNIZED
Appearance, be i etc., may by person,
recognized

AGENTS

agent

or

by

solicitor.

Court, Any appearance, application,or act in or to any done to a be autiiorized law made to a or or by party required by where otherwise suit or a|)i)eal in such expressly Court, may, except provided by any law for the time being in force, be made or done by the party in person, or by his recognized agent, or by a solicitor duly his behalf. act to on appointed
34.

CIVIL

PROCEDURE

CODE.

359
so

Provided be made 35.

The

that

any

such

appearance

shall,if the Court

whom
are

directs,

by

the

party

in person.

recognized agents of partiesby done and be made acts or applications, may

(a)
persons Avithin

such

appearances,

Recognized
*'^"
^'

partiesnot resident jurisdiction of the within which limits the appearance, Court or application, and do to make act is made done, authorizing them or such appearances, and acts on behalf of such applications, parties; for and in the names (b) persons carrjdng on trade or business of parties within the local limits of the jurisdicnot resident tion holding powers
the

local

limits

of attorney from of the

of

the

Court
act
or

within
is made business to

which
or

limits in

the matters
no

appearance,

or application,

done,
and

connected

with

such

trade

only, where
do

other

agent

is

expressly and applications,

36.
suit
or

authorized
acts.
on

make

such

aj)pearances,
to
on

(i) Processes

served
be
as

the

recognized agent
as

of

party
served

service

of

appeal

shall

effectual the

if the

same

had

been

i^Jc"o|nized
agent.
a

the party in person,

unless

Court Code

otherwise for the

directs.
of
on

(ii)The provisions of this party to a suit shall apply to agent.

37. The

service

process

on

the

service

of process make

his

recognized
Appointment
of

appointment of a solicitor act aforesaid shall or as application,

in

to

be

do any in writing and

or

appearance, shall be filed in force until

Court.

When the

so

filed it shall of the until

are on

be

considered

to

be

revoked, with
and

leave
or

Court,
the

by
far

writingsigned by
or as

the client
or

filed in

Court,
the

client
so

the

solicitor

dies

all

proceedings in
38.
relative

suit

ended
the

regards the
party

client.
or

Processes

served

solicitor

of any
the

left at

the

service

of

office of such
to
a

or solicitor,

at his

ordinary residence
whether
same

if he have be for the to

suit

or

appeal, and
party
made
or

appearance communicated

of the and

not, shall be presumed known to the party whom Court otherwise

office, soUdtor?" no personal be duly

solicitor
be
same as

the

represents,

and,

unless

the

directs, shall
as

effectual for all purjDoses in relation to the suit or appeal had been given to or served on the party in person. 39.
person
an

ifthe

(i) Besides
to

the recognized
the service

agents

described the Court

in Section may be

35

anv

^^ent

to

accept

within residing

of jurisdiction of process.
may be

appointed

agent

accept

made

Such (ii) by an

appointment
instrument
or,

instrument,

if the filed in

special or general and shall be and such in writing signed by the principal, certified be general, a appointment copy
Court. Chapter VI. OF SUITS.
the

thereof, shall

be

INSTITUTION 40. Court 41. contain

Every
or

suit

shall be
as

instituted

by presenting a plaint to
behalf. in

^^^^^*g"^^gj
by plaint.

such

officer

it

appoints

in this

(i) The
the

WTitten plaint shall be distinctly : particulars following

English

and

shall

J^^^f^f^
piaint.

360
(a)
the
name

No.
of the Court

15

OF

1918.
the suit is

in which

brought
of the

(6) the
(c) the

name, name,

and description,

place of residence place

be of the where of
can

plaintiff ;
of the

description, and
so

residence
;

defendant,

far

as

they

ascertained

(d) a plain
(e)
a

and the

concise
cause

statement

circumstances

tuting constiit
;
arose

of action, and relief which allowed

amount
a

and

when

demand

of the

the set-off

claims plaintiff
or

and

(/) if the
(ii)Where
shall state
But

has plaintiff

of his claim, the

the

so

allowed

relinquisheda portion or relinquished.

of money, the

the

seeks the recovery plaintiff claimed. preciseamount

sues plaintiff

jjlaint

where

the

for

mesne

or profits,

for

an

amount

which him
amount

will be found and the sued for. the

due

to him

defendant, the

on taking shall j)laint

unsettled
state

accounts

between the

approximately

sues plaintiff plaint shall shew not only that the subject-matterbut that he

Where (iii)

to enable

him

to institute

representativecharacter, the he has an actual existinginterest in has taken the steps (if any) necessary suit concerning it.
in
a

Illustrations.

(a) A
B's

sues

as

B's

executor.

The

plaint
The

must

state

that

has

jiroved
taken

will.

(6)
out

sues

as

C's

administrator.
to

plaint mvist
defendant that
he

state

that

has

administration

C's

estate.

(iv) The
interested upon
to

plaint shall shew that the subject-matter and demand. the plaintiff's answer
in the
Illustration.

is

or

claims be

to

be

is liable to

called

dies, leaving
D must colluded D to shew for

sues

compel

his executor, him to pay

B has

C
his

his

legatee, and
in to
or

debtor
of

to

A's

estate.

debt

satisfaction
sue

C's
or

legacy.
that B and

The
D

plaint
have

that
the to

rendering

liable

purpose C.

causelessly refused of defrauding C,

D,

other

such

circumstances

of action the cause arose beyond the period ordinarily (v) Where the for allowed law suit, the plaint shall shew instituting by any such law is claimed. from which the ground upon exemption
Plaint to be

42.

The

plaint shall
and

be

signed by
at

the

sic^ned and
verified.

(ifany)
some

shall

be

verified

the

foot

and his solicitor plaintiff or by by the plaintiff of the

other

acquainted
Provided for other

proved, to the satisfaction person with the facts of the case.

that, where
the unable authorized

Court,

to

be

good
person

cause,

by
Contents of verification.

any

duly

of is, by reason plaintiff to sign the plaint,it may by him in this behalf.
to

absence be

or

signed
is true matters

43.
to

The

verification information

shall be
person

the

effect that

the
as

same

the

knowledge
on

of the and

making

it, except
as

to

stated believes The

belief,and

that

to

those

matters

he

it to be

true.

verification

shall

be

signed by

the

person

making

it.

CIVIL

PROCEDURE

CODE.

361 Court,
be
where may

44. (i) The

plaint may,
at any time not time

at

the

discretion

of the

plaint
be rejected,
or

(a) at, or

before, the settlement

a cause

of issues
;

rejected imeadme^nt,
amended.

if it does

disclose

of action

(6) at, or
and

at any

before, the settlement

within
terms
as as a

of issues fixed

be returned
the

for amendment
upon such such

time

to

be

by

Court,

to the

payment
thinks

of costs if fit,

occasioned
it

by
(1)

amendment

the

Court
as

is not

signed
not

and

verified

hereinbefore

required,

(2) does

without correctly and prolixity the several required or contains particularshereinbefore those other than so required, particulars
state

(3)

is

wrongly
to be

framed

by
joins
the

reason causes

of

of parties, or

of action

non-joinder or misjoinder which ought not

or

joined in
framed
28
;

same

suit,

(4)

is

not

in

accordance

with

the

provisions
the Court

of

Section

(c)

at any

time terms

before
as

judgment

be amended of costs

by
as

such fit. Provided

to

to the

payment

the Court

upon thinks

that
suit of

plaint shall
character

not

be amended,
or

either the

by

the party
so as

whom
a

it is returned
one

for amendment
into
a

by

Court,
and

to

convert

suit of another

inconsistent

character.

(ii)Where
shall be

attested

under this section, plaintis amended by the signature of the Judge. be

the amendment

45. The

plaint shall
the

rejected in

the

following cases
the the

-where shall be

pUiut

(a) where
on

sought is undervalued, and being required by the Court to correct within a time to be fixed by the Court, fails
the

relief

rejected. plaintiff,

valuation
so

to do

{b) where
is

properly valued, but the plaint insufficiently stamped, and the on plaintiff, being required by the Court to supply properly time within to be fixed by the Court, a stamped paper sought
is written upon paper

relief

fails to

do

so

from (c) where the suit appears be barred law by any ;

the

statement

in

the

plaint to

(d) where
within

the
a

time

plaint, having been returned fixed by the Court, is not

for

amendment within

amended

such 46.
own

time.

Where hand
an

plaint is rejected,the
to that

Judge
the

shall record for such

with order.

his

procedure

on

order

effect with

reason

rejectingpiamt.

47. before from

The

rejection of
shall

the
not

plaint on
of its
owii

any

of the

mentioned

force of the

presentinga

fresh

plaintin respect

grounds herein- where rejection preclude" not preclude the plaintiff "^ of action, f/gfh same cause p'iaint'!

362
Where shall returned

No. (i) The

where

15

OF

1918.
to be

plaint
be to be
to

48. Court

plaintshall
a

be returned

presented to
a

the proper

presented
proper

Court.

(a)

suit
or no

has

been

instituted
that

in

Court of the

whose

grade
to

is

lower
it and

higher option
suit is

than
as

of the selection

Court

competent
Court

try-

to the

is allowed

by (6)
where

law
the

;
one

which

under
the

the

provisions of
to

"

The

Courts
has been

Enactment,

1918,"
has
no

Court

which
;

the

plaint

presented
other

to try jurisdiction

(c) where,
or

in any

case,

did not

arise, and that none carrying on business,

the

that the cause it appears of the defendants are

or

of action

dwelling
for

within which

local limits

the

plaint is

personally working of the jurisdiction presented.

of the

gain,
to

Court

(ii)On returning a plaint the Judge, or the Registrar by his order, shall endorse thereon the date of its presentation and return,
the
reason name

of the for

party presenting it, and

brief statement

of the

returning it.
shall plaintiff of the endorse
on

Procedure

49.
on

(i) The

the

or plaint,

annex

thereto,

admitting plaint.

memorandum documents produced (ifany) along with it ; and, if the plaint is admitted, shall present as many copies on plain paper of the plaint as there are defendants, unless of the Court of the length of the plaint or the number by reason him to the defendants, or for any other sufficient reason, permits
a

which

he

has

present
claim
case

like number
or

of concise relief
or

statements

of the

nature

of the

made he

of the

remedy

required,in the

suit, in which

shall present svich concise

statements.
or

is

the defendant or (ii)If the plaintiff sues, sued, in a representativecapacity, such

in what

any of the defendants shall concise statement

sues or

shew

capacity
to

the

or plaintiff

defendant

is sued.

The (iii)
statements

plaintiff may,
so as

by

leave

of the Court, amend with Court the

such

concise

make

them

correspond
the statements

plaint.
sign such
examination,

(iv) The
memorandum

chief and

ministerial

officer of
concise

shall

copies or
correct.
cause

if,on

he finds them

to be

(v)
to be

The

Court
in

shall
a

the
to be

entered

book

mentioned particulars the for kept purpose

entries

in Section

41 the

and

called
in

registerof civil suits. Such year according to the order in

Production document which
sues. on

shall

be

numbered admitted.
in his when the the

every

which upon
in time

plaintsare
a

of or

50.

(i) Where
he and
to he

plaintill

power,

shall

sues plaintiff produce it

document Court deliver

the

possession plaint is
or a

presented
copy

shall

at

the

same

document

thereof

bo filed with relies

on

the

plaint.
other
documents in

(ii)Where

any

(whether
to the
are

in

his

possessionor
shall enter This (iii)
nature

or not) as power in such documents

evidence
a

support

of his claim, he

list to to
on

be annexed

plaint.
in their

section
essence

applies only
of the
case

documents which the

which

the

and

plaintis founded.

CIVIL

PROCEDURE

CODE.

363
in

51. power, 52. if it be

In
he

the

case

of any

such

document
in whose

not

his

possession or
power
it is.

statement
case

in not

shall, if

of

state possible,

possessionor

documents

in his possession
or

power.
on

In the

case

of any

suit founded

proved that the instrument to the satisfaction given by the plaintiff,

claims of any other
as

instrument, a negotiable upon is lost, and if an indemnity be Court, against the instrument, the Court may
of the if the plaintiff had produced presented and plaint was
to be

Suits

lost

ne;?otiable
instruments.

make had
with

such
the
at

decree
instrument
same

such person upon it would have made in Court when

a

the

the

time

delivered

copy

of the instrument

filed

the

plaint.
the document
or on

53.

(i) Where
in

which in his at
on

a shop-book shall produce the book plaintiff mth the of a copy together entry

entry

other

book

the

Production is an sues plaintiff shop-book. the possessionor power, of filing time the plaint,

the

o"

which it

he

relies.
in this

(ii)The
forthwith after

Court,
mark

or

such

officer

as

appoints
purpose copy

behalf, shall
and,
the

the and

document if found
the copy

for the
the

of identification with the the

examining attesting the copy and cause plaintiff

54.
the
to

comparing
to be

originaland
book
to

correct, shall return

filed.

(i) A document
annexed

when plaintiff
to

be

which ought to be produced in Court plaint is presented, or to be entered in the plaint, and which is not produced or

by
the

the list

Inadmissibility
of document
not when

entered

produced plaint

filed.

accordingly,shall
in evidence
on

the leave of the Court, not, without his behalf at the hearing of the suit. in

be received

(ii)Nothing
cross-examination
case

this

section

applies to
or

documents
or a

produced
in
answer

for

of the
the

defendant's

witnesses

set

up

by

defendant

handed

to

witness

to any merely to

refresh

his memory. Chapter ISSUE AND

ISSUE

VII. OF SUMMONS.

SERVICE
OF SUMMONS.

55.
concise may
on a

(i) When
statements be

the

plaint has been registeredand the copies a summons requiredby Section 49 have been filed,
defendant
to appear

or

summons.

issued
to be

to

each

and

answer

the

claim,

day
in

therein
or

specified,
all material

(a)

person,
a

(b) by

duly instructed and able to the suit, or questions relating

a

solicitor

to

answer

(c) by
Provided defendant
admitted

solicitor

accompanied
questions.
summons

by

some

other

person

able

to

answer

all such that

no

such

shall

be

issued of
the

when

the

has the

appeared at the claim. plaintiff's

summons

presentation signed by
with

plaint

and

(ii)Every
officer of the

such

shall be

the

chief ministerial Court. of the

copy
or

Court, and
summons

shall be sealed
shall be

the

seal of the

Every such copies or concise

56.

accompanied
in Section

by
49.

one

statements

mentioned

annexeTto
summons-

361
57.
may defendant in

No. (i) Where

of
in person

15
sees

OF

1918.
to

Court order
or

the the

Court

reason

require
shall

the order

personal
him to

to plaintiff

appearance appear

defendant,
on

the

summons

appear person.

in Court

the
reason same

day

therein

specified. personal appearance

an

(ii)Where
of the
such
No

the

Court

sees

to require the

on plaintiff

the

day,
to

it may

make

order

for

appearance.

party

to be

58. resides

No

party

ordered appear resident Court. Summons either issues final

to unless within of

within

unless person of the Court. the local limits of the jurisdiction shall be ordered appear
in

he

local limits

to be to settle for or

59. whether

The

Court

shall determine, at the time settlement the

summons

of

it shall be for the suit ;

of issues

issuingthe summons, only, or for the final

a

disposal.

disposal of the accordingly.

Provided

and

shall contain

direction

that, in every

suit

heard

by

any

Court

other

than

the

Supreme
suit,
Fixing day
appearance defendant. for of

Court, the

summons

shall be for the

of the final disposal

60.

The

day
of the

for the with

by

the

Court

shall be fixed of the defendant appearance reference to its current business, the place of
the time necessary
so

residence of the defendant such

defendant, and
;

for the
as

service

summons

and

the to

day

shall

be

fixed appear

to

allow
answer

the
on

sufficient time

enable

him

to

and

day.
is
"

What the
Summons order
to

sufficient time of the

"

shall be determined

with

reference

to

circumstances

case.

to defendant

61.
to

The

summons

produce

documents

evidence which 62. shall

be

produce any relating to

the defendant When direct
the

document

to appear in the

and his

answer

shall
or

order

the defendant

merits to

required

by or plaintiff relied on by
defendant. On issue of for

intends

containing possession power, the plaintiff's or case, upon his of in case. relj'" support
of the final
on

summons

is for to

summons

the
the

defendant
witnesses
case.

final

produce,
whose

disposal,
to to

defendant directed

appearance,
in

ujjon

disposal of the suit, it the day fixed for his to rely evidence he intends

produce
witnesses.

his

support

of his

SUMMONS

FOR

SERVICE

OUT

OF

THE

FEDERATED

MALAY

STATES

Leave

of Court.

63.

No

summons

for service shall be

or a

on

defendant Court

out

of the Federated the leave of the

Supreme

Malay Supreme
64.
on a

States

issued

by

any

without

Court

Judge
of the

thereof.
a summons

Procedure obtain issue.

to to

Any

party

desiring that
out

be

issued States

for shall and

service deliver

leave

defendant

Federated Court

Malay
the of the

to

the

Registrar
he desires
in is to be

of the
to

Supreme
the

summons

which

issue, and

title of the

intended Court
in

suit

copy shall the

be

entered

the

registerof

civil suits

which

said suit

be instituted, and

the

next

serial number

shall provisionally

The appUcation for leave assigned to such summons. to issue shall be by summons in Chambers, and, on production of the sunnnons bearing a note or memorandum, signed by a Judicial Commissioner or by the Registrar,giving leave for the issue of a the summons, with the terms summons completed in accordance of such

order, shall be sealed

and

issued.

366

No.

15

OF

1918.

SERVICE

OF

SUMMONS.

Delivery
summons

of for

67.

If the the

defendant
suit is is

resides

within
or

the
an

of jurisdiction

the

Court

in which

service.

instituted,

has

who jurisdiction the

summons

shall

officer to be served
Moae of service.

empowered to ordinarily be delivered or sent by him or one of his subordinates.

summons

that agent resident within accej^t service of the summons, to

the

proper

68.

Scrvice
copy

of

the

shall

be

made

by delivering or
officer of the

tendering a
Court
Service several
on

thereof with

signed by

the chief ministerial

and

sealed
as

the seal of the Court.

69.
are

Except
on

otherwise than

provided by
one,

this of the

Code,
summons

where

there shall be

defendants.

more

defendants each defendant.

it is

service

made
Service defendant person
on

to be in when

on

70.

Wherever

the practicable,
unless

service

shall be

made

on

the

defendant

or practicable,

his

agent.
on

in person, which in case service,

he
on

have
such

an

service

agent empowered to accept agent shall be sufficient.

or

Service

agent

71. who

(i)In
does from
not

suit

relatingto
within
summons

any

business

work

by whom
defendant carries business.
on

reside

the local limits of the

against a person of the jurisdiction

any
or manager such business

Court

which

the

issues, service

on

agent, who, at the time of service,personallycarries on within work for such person such limits, shall be or
service. For (ii) the
purpose
or

deemed

good
is the-

of this section charterer.

to

the

master

of

ship

agent of his
Service
on

owner

.igent
in

72.

Where

in

suit

obtain

relief
the

respecting,or
cannot
no

compensation
be made
on

in charge, suits for

immovable

for wrong defendant

to, immovable

property,

service has

the to in

property.

accept

in person, and the defendant it be made service, on may any

agent empowered
of the defendant

agent
cannot
summons

charge
When be may member ser^'ice male on of

of the

property,
in any to suit

73.

Where

the defendant
service

be found
on

and

has

no

agent empowered
service may

accept
on

of the male him.

a

his

behalf, the

defendant's

be

made
is

any

adult

member

of the

family
within

of

family.

the

defendant

who
"

residingwith
is not

Explanation.

servant

member

of

the

family

the

meaning
Person served

of this

section.

74. Where
his

the

delivers serving-officer shall

or

tenders

to siL;n acknow-

ledgment. summons
on

behalf,he

the copy endorsed

Procedure where defendant refuses
to

or an personally, agent or require the signature of the person is so delivered or tendered to an acknowledgment the on summons. original

to the defendant

to

copy other
to

of the
person

whom

of service

75. Where

(a) the
be

defendant

or

other

person
or

refuses

or

is unable

to

sign
is

accept
or

service,

the

acknowledgment,

cannot

found.

cannot {b) the serving-officer no agent empowered

on can

find
to

the

defendant,
service
on

and

there
summons

accept

of whom

the

his behalf, be

nor

any

other

person

the

service

made,

CIVIL
shall the serving-officer door
return

PROCEDURE

CODE.

367
on

affix
the Court

copy from

of the

summons

the and
a so

outer

of the
the

house

in which

defendant

resides ordinarily it

then

originalto
thereon
or

the

which

issued, with
he
so.

return

endorsed the copy 76. has The

annexed

thereto under
in

stating
which

that

has

affixed

and

the

circumstances

he did in
or

shall, serving-officer
served
or

all

cases

which
annex,
a

the
or

summons

Endorsement

of

been

under
on

Section
or manner

74, endorse
in which

cause

to

be

niTnner of
service.

endorsed
the time

annexed,
and
a

to the

summons original

return
was

stating

when

the

the
under has

summons

served. Court
Examination ^ervrng-o
cer.

77.

Where

summons

is returned

Section
not been

75, the
verified

of

shall, if the
affidavit examine the

return

under

that

section

by

the

if it has been and may so verffied, serving-officer, him to be so affirmation, or cause on serving-officer examined by another Court, touching his proceedings,and may make it thinks fit ; and shall either such further as enquiry in the matter has been duly served or order such service declare that the summons of the
as

it thinks

fit.
the

78.
that

(i)Where
the

Court
is

is satisfied that out

there
way

is

reason

to believe purpose cannot

summons

Substituted
^^'"^i'^*'-

defendant
or

keeping
for any

of

the
reason

for the

the

of

avoiding service,
be served
to be in the

that

other

summons

served

ordinary way, a copy by affixing

and the
as

the

Court

shall

order

the

thereof
some

the

Court-house

also

upon

in some conspicuous place in conspicuous part of the house, to

if any, in which such other manner The (ii) sub-section notice

or

defendant the Court

is known thinks

have

last

resided,

or

in

fit.

Court

may make (i),

also, in
an

any

case

fallingwithin
substitution

the

terms

of of

order
in the may

for the Gazette think

for service local newspaper

by

advertisement
as

and fit.

in such

newspapers

the Court

Service (iii)
as

substituted made
service
on

by
the

order

of the Court

shall be

as

effectual

if it had

been

defendant

personally. by
order of the

(iv) Where
Court
case

is

substituted

Court, the
as

shall fix such

may

time

for the appearance

of the defendant

the

require.
defendant resides States
no

79. (i) If the

Court
the
m

within other

the than

jurisdictionof
the Court within the
to

the

Federated

Malay
and
has

any in which

service

of

^"'"''^
defendant

suit

is instituted

agent
latter shall any

resident

local

limits service
one

of the

of jurisdiction
such

the Court to

Court send Court

empowered
the summons,
navmg it can be

of the summons,
its

accept either by
at

j'urisdfctlo
another court to accept

of

officers

or

by post,
time

jurisdiction
of the defendant

agent
service.

the

place where
the
case

the defendant resides

by

which

conveniently

served, and
as

shall fix such

may

for the

appearance

require.
to
as

The (ii) the

Court

which

the been

summons

is sent

shall, upon
Court, and

receipt

thereof, proceed
return
summons

if it had
to

issued from

by

such which

shall then

the

Court

together
thereto.

with

the

record

(ifany)

of its

it originally issued, proceedings with regard

368
Service defendant

No. (i)Where
be delivered
cause summons a

15

OF

1918.
hi
a

on

80.
in

the defendant
to

is confined

shall

the
summons

officer in

prison.

charge
to

of the
upon

prison,the summons prison, and

the defendant. from

such

officer shall The (ii)

the

to be served

shall be of the

returned

the

Court the

Avhich and

it

issued, with

statement

of the service

endorsed

thereon

signed
in the sent

by

the officer in

charge

prison and
defendant

by

defendant.
is not be

If the prison in which (iii)

district in which

the

is confined may

post
shall

or

the suit is instituted,the summons otherwise to the officer in charge of such

cause

by
and
a

prison, and
the defendant
it

such

officer shall
return

the
summons

summons

to be served to the

upon

the of the

Court

from and

which

issued, with

statement

service

endorsed

thereon

signed as j)rovidedin

sub-section
Service in the

(ii).
the defendant resides in the

Colony.

Colony, the summons may by registered post to the Registrar or to an Assistant be Registrar of the Sujireme Court of the Colony, and if the summons
be
sent

81.

Where

returned

with

an

endorsement

of service
to

thereon been

and made

with

an

davit affiand

of such authenticated

service

purporting
official seal

have
such to

before
or

by
summons

the

of

Registrar
have been

Assistant served.

Registrar,the
Servioe defendant resides
the

shall be deemed does has

not
no

duly

where out of

82. States States

Where
or

the defendant the

reside in the Federated

in

Colony
to at

and

agent
he
is

in

the

Federated

Malay Malay

Federated States and to

empowered
defendant

accept service, the

the

summons

shall be addressed

Malay and Colony

has
no

to

the

place

where

residing and
address

forwarded and

agent

to him

accept

service.

if there where
Substitution letter for
summons.

by registeredpost, if the be postal communication

is situate. may,

defendant's between

be known the

such

place and

place

the Court

of

83. where

(i)The

Court

contained, substitute
the defendant
to

for the

is,in
mark

notwithstanding anything hereinbefore summons a letter signed by the Judge the opinion of the Court, of a rank which
of consideration. all the

entitles him The (ii) stated shall (iii), A (iii) defendant

such

letter
summons

shall

contain

particularsrequu'cd

to

be

in the

be treated letter
so

in

and, subject to the provisions of sub-section all respects as a summons.

for
a summons

substituted
or

may

be

sent

to

the the

by registered post
in any

by

special messenger
the Court
to

selected thinks

by

Court,
where

or

other

manner

which be delivered

the

defendant

has

an

agent empowered
or

fit ; and accept service

of summons,

the letter may

SERVICE OP

sent

to such

agent.

PROCESS

GENERALLY.

Process served expense

to be
at

of

party issuing.

84. (i)Every process of the party the expense otherwise directs.

The (ii)
time

issued
on

under

this Code
it is

shall be

served

at

whose

behalf

issued, unless the Court

shall be

Court

fee

payable for
the Court

such

service

paid

within

to be fixed

by

before

the process

is issued. to 39, all notices

Notices orders Berved.

and
in

writing, how

Subject to the provisions of Sections 34 required by this Code to be given to or shall be in writmg and shall be served in the provided for the service of the summons.
orders

85.

and

served
manner

on

any person hereinbefore

CIVIL

PROCEDURE

CODE.

369

POSTAGE.

86.

(i) Postage, where

under
same,

chargeable
and

on

any

notice,
to
;
or

summons,

or

Postage.

letter issued Court before

this Code

forwarded
within
a

by post, and
time

the fee for

the registering

shall be

paid

be fixed both.

by
that

the
a

the

communication may remit

is forwarded

provided
fee
or

Judicial

Commissioner Judicial

such
may,

postage
with

(ii)The
Chief such

Commissioners

the

Secretary,prescribea scale of fees. postage and registration

Chapter
WRITTEN STATEMENT

Court

fees to be

approval paid in

of the lieu of

VIII.
AND SET-OFF.

87. The
Court 88. claims of money the

partiesmay,
written

the suit, tender

before time at any of their statements

statements

or

at the

first hearingof and the record.

written statements.

shall receive

such
a

and
recovery

respectivecases, place them on the

of money
any

(i) Where
to set off

in

suit for the

the

defendant
sum

Particulars

oi

against the

demand plaintiff's

ascertamed

w^uten give"rfin
etatement.

recoverable not exceeding legally by him from the plaintiff, the of Court, and in such pecuniary limits of the jurisdiction fillthe same claim of the defendant both parties against the plaintiff character as they fillin the plaintiff's at the suit, the defendant may first hearing of the suit, but not afterwards unless permitted by the Court, tender a written statement of containing the particulars the debt sought to be set-off.

The (ii)
in in not
a cross

written suit
so as

statement to enable

shall have
the

the

same

effect

as

plaint

Court

respect both
affect the

of the

claim original

to pronounce a final judgment and of the set-off ; but this shall

lien, upon
costs

the
to

amount him

decreed, of
under

any

solicitor in

respect of the

payable

the decree.

Illustrations.

(a) A

bequeaths $2,000
B dies and D
as

to takes Then

B,
D

and out
sues

appoints
C

his executor
to

and effects.

residuaryC
set-off pays the

legatee.
$1,000
debt with
of

adniinistration for the C

D

B's

surety for D. $1,000 against

to the

legacy.
nor

C cannot
same

the

respect
dies
and B

legacy
and

legacy, for neither as they fill with

in debt
to B. from

fills the
to the

character

respect
takes out In the
a

payment

of

the

$1,000.

(6) A
effects,
money

intestate

administration suit
debt to

to

A's

buys part of the effects by C against B the latter cannot

different
as

C.

set-off
as

purchaseagainst the price,

in

for the

for C

fills two

characters,
bill of

one

the

vendor

B,

which

he

sues

B, and

the

other

representative
a

to

A.

B on (c) A sues neglected to insure claims to A

B's The
a

set-off.
B
on

has A B wrongfully alleges that exchange. he goods and is liable to him in compensation, which be set-off. cannot amount not being ascertained B exchange for $500. claims, being both definite holds
a

(d)
A be
for

sues

bill of
two

judgment

against
may

$1,000.

The

pecmiiary demands,
a

set-off.

(e) A
any
sum

sues

B note A

for for
may

compensation
$1,000
recover are

on

account claims to

of

trespass.
that so, do

holds

promissory
recovers,
Ill"

from in

and

set-off

amotmt

against
soon as

that
both

the

suit.

sums

definite

pecuniary

B may demands.

for,

as

24

370
{/) A
alone.
and B
sue

No.
C for

15
C

OF

1918.
set-off
a

$1,000. $1,000.

cannot

debt

due

to

him

by A
alone

(g)

sues

and

for

caiinot

set-off

debt

due

to

him

by

A.

{h) A owes surviving.

C
written No to be statement after received
first

the
A
sues

partnership firm
C
debt for of
a

of of

and

C due

$1,000.
in his

dies

leaving C
character.

debt

$1,500

separate

may

set-off

the
as

$1,000. in the

89.

Except

provided
the

last

statement

shall be received that

or

after the

preceding section, no first hearing of the suit.

time

written

hearing.

Provided statement, and

fix
a

Court

additional

at any may written statement,

require
any

written

from

of the

parties,
written at

time

for presentmg
a

the

same.

Provided statement,
any time

also that
may,

written

statement,

or

an

additional
be

with

the of

for the purpose

permission answering written

whom
within
a

of the

Court,

received
so

statements

required
is
so quired re-

and
when Procedure party fails to

presented.
Where
fails to any

90.
the

present

written

party from present the same

pass suit as
a

written the him time

or

statement

statement called for Court. Frame of written statement.

Court

by-

relation 91.
case

may to the

decree
it thinks

against
fit. shall be
narrative the

fixed by the Court, make such order in

(i) Written
as

statements shall not

a

as

brief

as

the nature
the

of the
as

admits, and
whom
or on

be

argumentative, but
of the
he \^Titten statement

shall be confined
is made
or

much

possibleto
whose to the

simple
behalf
case,

facts which

party
he

by

believes

to be material

and

which

either admits

believes

will be able to prove.

(ii)Every
numbered
may
Written statements to be

such

statement

shall

be

divided

into

paragraphs,
as

be 92.

consecutively,each paragraph containing separate allegation.

statements

nearly

as

Written

shall be for

signed

and

hereinbefore
MTitten

provided

verified.

statement

shall be

signed and verified in the manner signing and verifying plaints,and no received unless it is so signed and verified.
that any written

Power Court

of
as

93.
to

(i) Where
called

argumentative, prolix, or
irrelevant written statement.

whether

it appears to the Court for by the Court or

or

statement,
is the

spontaneously tendered,
irrelevant
to
or

argumentative
the

prolix,or
it then

contains and
within
or

matter

suit,

Court made

may

amend

there,
or a

endorsed it
was

thereon, reject the

for amendment
terms any it
as

same,

return

by an order to be may, the it to party by whom

to be fixed
as

time

by

the

Court,
fit.

imposing

such

to costs

otherwise under

the

Court

thinks

(ii)Where
shall attest Whore (iii)

amendment his

is made

this section, the

Judge
this

by
a

signature.
statement it shall not

written

has

been

rejected under

section, the

ment present another written stateparty making Court, the unless it be expressly called for or allowed by

Chapter
APPEARANCE
Parties to

IX.
OF

OF

PARTIES

AND

CONSEQUENCE
summons
1
.

NON-APPEARANCE. to appear
i.

94
day

Qn

the day fixed in the

''
, 1,

for the defendant

attendance
i

on appear fixed in

and

answer,
or

the parties shall be

at

j^i

tlie ( ourt-house

/-i

i,

"

dSunVro
appear and

person

by

their

respectivesolicitors,and

the

suit

shall then

be

CR^L

PROCEDURE

CODE.

371

heard, unless
Court. 95.
not the may

the

hearing
the
upon

be

adjourned

to

future

day
the

fixed

by

the

Where

on

day
the

so

fixed it is found

that

summons

has
failure

Dismissal o" suit where

summons

been

served

defendant fee suit

in consequence

of the

of

not in of

to plaintiff

pay

the that

Court
the

payable
be

for such

service, the Court

served

make

an

order
no

dismissed.

consequence

plaintiff's
failure to pay fee for issuing.

made, although the summons the the day fixed for him been served defendant, has not on if, upon he attends he is and answer, in person to appear or by agent, when allowed to aj)pear by agent.
that shall be

Provided

such

order

96.
answer,

Where
or on

on

the

any

other

day fixed for the subsequent day

party
appears

defendant
to

to the

appear
is called for

and
the
on

Where

neither

which

hearing of
reasons

party

appears, suit to be dismissed.

suit

is

adjourned,

neither

when

the

suit

for hearing, the suit shall be dismissed, unless the directs. under his hand, otherwise to be recorded 97. Where
a

Judge,

suit is dismissed

under

Section

95

or

Section

96, the

In

such

case

plaintiff (subjectto the law of limitation) bring a fresh suit ; or may he may apply for an order to set the dismissal aside, and if,within the period of thirty days from the date of the order dismissing the
suit, he satisfies the
Court
that there
was

plaintiff may

isring fresh

suit,

Court or may restore suit to its file.

sufficient time
as

cause

for his not the issue

paying
of the Court

the

Court make for

fee
or

required within

the

fixed before
the
case

summons,

shall
a

for his non-appearance, order an setting aside

with

may

be, the
and shall

the

dismissal

appoint
98.
or

day

proceeding
a summons

the suit.
has

(i) Where
one a

after

been

issued

to the

defendant,
the

Dismissal
suit where

of

to

of several

defendants, and
one

returned
return

unserved,
to

plaintiff plaintiff, after

issue
summons

fails for

period
summons

of

year
to

from

such

apply
he has

for the
used who has

returned

of

fresh

and discover
that

the satisfy residence defendant that

Court of the
is

that

his best not

unserved,
for
to
a

faiU

endeavours been
the

to
or

the

defendant
service

year

apply

served,
Court
may

such
an

avoiding
suit be

of process,
as

for fresh
summons.

make

order

the

dismissed

against

such

defendant.
case

(ii)In such

the

plaintiff may plaintiff appears

on

(subjectto
and the

the law

of hmitation)

bring
99. appear

fresh

suit. the defendant does

not
Procedure ^ plaintiff"

(i) Where
when
is the

suit is called

for

hearing,then
was

(a) if it
may

proved that the summons proceed ex parte ; proved

direct the that
a

duly served,
was

the

Court

(6) if

it is not

the second
;

summons summons

duly served,
to be

the

Court served

shall
on

issued

and

defendant that
the

(c) if

it is

proved
but not
on

summons

was

served
him

on

the

ant, defendand
shall

in sufficient the

time

to enable
summons,
a

to

appear

answer

postpone

the

day hearing of

fixed

in the the

the

Court
to be to be

suit to notice

future

by
to

the the

Court, and
defendant.

shall direct

of such

day day

fixed

given

(ii)Where
was

it is

owing
or

to the
was

default plaintiff's served

that

the

summons

not

duly

served

not

in sufficient

time, the

Court

372
shall

No.
order the
to plaintiff

15
pay

OF

1918.
costs

the

occasioned

by

the

post-

2)onement.
Procedure where ant defendappears
on day of ing hearadjourned

100.

Where
the

the

Court for his Court

as

has
at

adjourned
or

the
such

2mrte, and
such
answer

defendant,
the

before

hearing of the suit ex hearing, apj^ears and

he

assigns good
terms to
as

cause

previous non-appearance,
as

may,

and

assisns for
non-

directs

to

costs

or on

otherAvise, be heard
the

upon in

good cause previous

the

suit

if he

had

appeared

day

fixed for his

appearance.

appearance.

Procedure wliere ant defend-

101.
appear

Where
when

the

defendant
on

appears

and

the

does plaintiff Court shall make admits

not
an

only
appears.

the suit is called the

suit

for

hearing,the
the

order

that

be

dismissed, unless

defendant

the

the Court shall pass a decree claim, or part thereof, in which case where such admission, and, against the defendant part only of upon the claim has been admitted, shall dismiss the suit so far as it relates to
Decree default fresh against bars

the 102.

remainder.

(i) Where
the
same

suit is

plaintiff by suit.

101, the
to
was on

shall plaintiff
cause

be

respect of
set the

wholly or partly dismissed under Section precluded from bringing a fresh suit in But he may of action. apply for an order
;

dismissal
cause

aside

and, if he satisfies the

when

Court
suit

that
was

there called missal dis-

for his non-appearance for hearing, the Court shall make an upon such
a

sufficient

the

order

settingaside
as

the

terms

as

to

costs

or

otherwise the suit.

it thinks

and fit,

shall

appoint
served

day

for

proceeding
under with

\nth

(ii)No
has
Procedure
where out ant defend-

order the

shall be made defendant

this section
in

unless his

the

notice

writing of

plaintiff application.

residing
of the States

Federated

Malay
does not

appear.

the day fixed for the hearing of a suit against a on Malay States, who has no residingout of the Federated or on day to agent empowered to accept service of summons, any does not appear, which the hearing has been adjourned,the defendant the plaintiff apply to the Court for permission to proceed with may be at liberty to his suit, and the Court may direct that the plaintiff conditions such his suit in to and with such manner subject proceed 103. Where defendant
as

the Court 104. Where

appear

thinks there

fit.
are more

Procedure
case

in of of

than plaintiffs do not appear,

one,

and

one

or

more

of

non-

attendance
one or more

of them instance

and

the

others

the Court

of the the
as

several

or plaintiff

plaintiffs.

in i:)roceed

such
Procedure
case

order

same as way it thinks fit.

suit to plaintiffs appearing, had appeared, or make if all the plaintiffs

may, permit the

at the

in of of

105. of them and

order

Where
appear

there and

are

more

defendants do not of

than

one,

and

one

or

more

of

non-

attendance
.one
or more

the

others

appear,
to the

the suit shall defendants who

proceed,
such do
not

the
as

Court

shall, at the
fit with

time

several

passing judgment,

make

defendants.

it thinks

respect

appear.
Consequence
of non-attendwithout sufficient cause

106.
appear to the

Where
in person

or plaintiff

defendant

who
or

has shew

been

ordered
cause

to

ance,

does

not

shewn,
ordered appear.

satisfaction
to all

of party to

subject

and plaintiffs

he shall be to appear, so failing sections the provisions of the foregoing applicable to who do not appear. defendants, respectively, of the

appear Court for

in person,

sufficient

374
one,

No.
any
one or more

15

OF

1918.
a

of such

with parties,

note

at the foot thereof persons is

stating which
to
answer.

of such

interrogatorieseach

of such

required

(ii)No
the
same

than party shall deliver more without order for that an party

one

set of

to interrogatories
no

for the interrogatories has previously tendered such defendant a written been has received and placed on the statement shall deliver
The (iii)

and purpose, examination the of

defendant

unless plaintiff

statement

and

such

record. sub-section

Court
the

shall

not

grant leave
for such
costs.

under

(i)unless
Court the

and
sum

until

party applying
as

leave has

deposited in

of

dollars fifty
an

securityfor

the application for leave to deliver interrogatories, proposed to be delivered shall be submitted particular interrogatories In deciding upon such application the Court shall take to the Court. be made into account by the party sought to be any offer which may admissions to or interrogated to deliver particulars or to make in question, or any of relatingto the matters produce documents them, and shall be given as to such only of the interrogatories the Court shall consider necessary submitted either for disposing as fairlyof the suit or for saving costs.

(iv) On

Service

of

Interrogatories,

deHvered under Section 113 shall be served Interrogatories the of on (if any) party interrogated,or in the manner the hereinbefore for service of summons, and the provisions provided and 77 in of Sections 74, 75, 76, shall, the latter case, apply so far as be practicable. may the solicitor 115.
instance The

114.

Costs

of

Court,

in

adjusting the

costs

of the

suit, shall, at the

interrogatories.

of any party, enquire or cause enquiry to be made into the such of if it thinks that delivermg interrogatories propriety ; and
such
or

at

have been delivered unreasonably, vexatiously, interrogatories the occasioned costs by the said interrogaimproper length, tories thereto shall be borne by the party in fault. and the answers Where whether any

Service

of

116.
persons,
or

party
in its
own

to

suit
or

is

corporation
name

or

body
to
sue

of
or or

interrogatories
on

officer of

incorporated
name

not, empov/ered by law

or

corporation

be sued, whether
other person, any

in the

of any

officer

body.

opjDosite party may apply to the Court for an order member to any officer of or allowing him to deliver interrogatories such corporation or body, and an order may be made accordingly.
117.
that

Objections to interrogatories

Any objectionto answering

or or

any not

interrogatoryon
dehvered bond

by

it is scandalous

irrelevant
that that in the

answer.

or

ground fidefor the

are

the

purpose

of the

suit,
at

matters
on

material sufficiently

stage, or

any

enquired into other ground,

not

may

be

taken
Setting aside and striking
out

in the

affidavit

answer.

be set aside on the ground that interrogatories may they have been delivered unreasonably or vexatiously,or struck out interrogatories. the on or ground that they are prolix, oppressive, unnecessary, scandalous be made application for this purpose ; and any may within seven days after service of the interrogatories.

118.

Any

Time

for

filiug
in

119. Court
time

aOidavit
answer.

within
as

shall be Interrogatories the ten days from

answered
service

by

affidavit
or

to

be

filed in further

thereof

within

such

the Court

may

allow.

CIVIL

PROCEDURE

CODE.

375
but
to
as No

120.
the

exceptions shall otherwise or sufficiency

No
Where any person

be

taken
of any

to any

affidavit in answer, affidavit

exceptions
taken,

such the

objected

t^" be

insufficient shall be 121.

determined

by

Court.

answers or interrogatedomits to answer, procedure the apply omtlt to1^Ly,ei party interrogating insufficiently, interrogatory, may any order requiring him to answer to answer for an or to the Court sufficiently. order be made be. And an further, as the case requiring may may further either by affidavit or him to answer to answer or by viva voce

examination 122.

as

the to

Court
a

may

direct.
at any

(i) Any

party

suit
an

may,

time

before
other
are

the

first
to

order

for

hearing,apply
been the
in his suit.

to the Coin-t for

order

directing any
which matter

party
or

aiTjfJc^ument
relating to suit.

the suit to declare

by affidavit all the documents to any possessionor power relating

have

in

question in
refuse
sary, neces-

(ii)On the hearing of such applicationthe Court

or

may make

either is not

adjourn
or

the

same,

if satisfied that
at

such

declaration

not

necessary

that to

stage of the
certain fit ;

suit,

or

such

order
as

either Court that

generally or
may be ordered

limited
when

classes

of documents that such

the

the

in its discretion

think and
so

provided
as

declaration

shall not

far

the

Court ordered

shall be of
unless

opinion
or

it is not

necessary

either for
m

disposingfairlyof
case

suit

for of

saving

costs, and

shall not

any

be

and the
sum

until

applying for such fiftydollars as securityfor

the party
The (iii)

order
costs.

has

deposited in

Court

affidavit to
made

be made
this

by

has the

been

under therein the

section

shall the

order an party agamst whom specify which, if any, of declarant

documents with

mentioned

objects to produce,

together
123. order the

grounds

of such

objection.

time at any Court may, during the pendency of any suit, power to order g^cSte "^ production by any party thereto of such of the documents in question in during suit. in his possession or relating to any matter power deal with thinks right ; and the Court such suit as the Court may as Avhen produced in such manner just. such documents appears

The

124.

(i) Any
thereof

party to produce ^feetLn hearing of the party giving such for the document inspection specified ^'"';^^^'\*^^ any to permit such party or solicitor to piaint.etc notice or of his solicitor and
in

party to a give notice

suit

may

at

any

time

before

or

at

the

Notice

to
"

writmg

to any

other

take

be

copies thereof. to comply with No party failing (ii) to at liberty put any such document
suit, unless
to his
own

such

notice

shall afterwards
on

in evidence

his behalf

in

such

he

satisfies the that

such he

Court had
some

that

such

document and

relates
cause

only

title,or
with

other

sufficient

for not

Notice (iii)
in the may

complying to produce

notice.

documents

shall be in the such variations

as

form

contained

third schedule, No.

122, with
such

circumstances

require.
The

125.

party
the

to

Avhom

notice
to

is the

days
a

from

notice

in

receiptthereof, writing stating a

the

deliver time

within

given shall, within party giving the three days from

of them
as

ten
same

party

receiving

de^h-eTnoTice

such
not
some

^|j^"g^"f
g^..

documents, or delivery at object to produce, may be inspected,at

which

such

he

does
or

tionmaybe
^^^-

his solicitor's office

376
other he
Order for

No.
convenient

15

OF

1918.
of the documents

objects to
126.
to

place,and statingwhich, if any, produce, and on what grounds.

inspection.

party served with notice under Section 124 (i)Where any Section notice under 125 of the time for inspection, give inconvenient to or names an or place for objects give inspection, the of the Court the on application party desiring inspection, may, order for inspection in such it, make an place and in such manner shall not it may think fit ; provided that the order be made as
omits

when

and

so

far

as

the

Court

shall

be

necessary

either

for

disposing fairlyof the

an

of opinion that it is not suit or for saving costs.

Any (ii)
other
or

application for
documents of the

order
to in

for the

than

referred

affidavit
in

party against whom

of documents,

inspection of documents, plaint,written statement, the applicationis made, or

shall
be

disclosed affidavit

his affidavit

founded

upon

an

shewing
documents

mspection is sought, (b) that the party applying is entitled to inspect them, and of the party against (c) that they are in the possessionor power whom the application is made.
(a) of what
Power issue which
or

to order

127.

Where

the

party

from

whom the
same

discovery
or

of

any

kind

or

question on right to

inspection is sought objects to

Court
may,

any

part thereof, the

if satisfied that

the

right to

the

discovery
depends
to be first

discovery or inspection

determined.

issue of any or question in sought depends on the determination it is desirable that dispute in the suit, or that for any other reason issue or question in dispute in the suit should be determined any before deciding upon the right to the discovery or inspection, order that the issue or be determined first a-nd the reserve question the to or as discovery inspection. question
of

Consequence
failure
answer

to
or

give

Inspection.

128. (i)Where any party fails to comply with any order to answer for discovery,production,or inspectionwhich has or interrogatories been duly served, he shall, if a plaintiff, be liable to have his suit dismissed for want of prosecution,and, if a defendant, to have his defence, if any, struck out, and to be placed in the same position if he had not defended the party interrogatingor seeking as ; and discovery,production, or inspection may apply to the Court for an order to that effect,and an order may be made accordingly. order under this Any party failing to comply with any (ii) for discovery,production, or or Chapter, to answer interrogatories him, shall also inspection,which has been served personally upon be deemed

guiltyof

an

offence

under

Section

188

of the Penal

Code.

Chapter ADMISSIONS.
Power demand admission of of to

XII.

129. within

(i)Any party
a

to

suit not

reasonable
any

time

by a notice through the Court, may, less than ten days before the hearing,
in

genuineness documents.

require
document

other

party
to

to

admit

of admissibility

such

document the
suit.

(saving all just exceptions to evidence) the genuineness of

the other

the
any

material admission

(ii)Such
or

shall be in

writing,signed by

party

his solicitor and

shall be filed in Court.

CIVIL

PROCEDURE

CODE.

377
of

Where (iii) document

such

notice

is not

given,
the

no

costs

proving
four that

such

shall be such

allowed, unless
notice and been is not

Court

otherwise

directs.

(iv) Where
after
its

complied
thinks

with

within

days
the the
suit

being served,
should of have

the

Court

it reasonable

admission
expense may

proving

such

made, the party document, whatever

refusingshall bear
the result of the

be.

by notice in writing, at any time not Power to (i)Any party may, ten less than days, before the day fixed for the hearing,require any atoSfon of *'*"ts. of the suit only, any specific other party to admit, for the purposes
130. fact
or

facts mentioned
notice

in such in

notice.

Such (ii)

party
paper

or on

paragraphs signed by the side of the his solicitor, with a right hand margin on be one-third it is written Avhich as nearly as may
shall be the of the
entire

numbered

the

width

paper.

The (iii)

admission

shall, so
of the
be notice.

far

as

possible,be
cannot

written

on

the
on

right hand margin the said margin shall

notice. solicitor

Whatever
on

be

written to
or

continued shall
be

other

The and
case

admission

signed by
party
or

attached paper the other party his solicitor.

or

the his

filed in Court of
fact

by

such

(iv) In
to admit

neglect to
or

give
or

such

notice in such

of

neglect or
within
time

refusal
six
as

the

facts

mentioned

notice

days
the be

after Court

service may

of

such

notice,
costs

within

such such

further
fact

allow, the

paid by
the
suit

the
may

party

so

or proving whatever neglecting or refusing,

of

facts the

shall result

of

be, unless

the

Court

otherwise

directs.

of the particular shall be for the purposes admission (v) Such shall not be used against the party on suit and any other occasion the other than of any in favour party giving the notice ; or person and the
any

Court

may

at
so

any

time
on

allow such
or

any terms

party
as

to may

amend
be

or

draw with-

admission

made

just. signature Affidavit

or admissions. of

131. of any
with

An

affidavit of the

solicitor
upon
or

his clerk notice

to

of the admit
when

due

admissions of the

consequent

documents it
was

facts, of the service of any

a

notice,

of the time all

cases

served,

copy

notice, shall

in

be

sufficient evidence

thereof. 133. fact

to

Any party
been

may

have

made,
for such

admissions of Application for at any stage of a suit where " either on the pleadings or otherwise, apply adn?^s1ons"of

the
may

Court be

judgment

or

order

as

upon

such

admissions

fact.

he
any

entitled

question such application make think just. may

other

to, without between the

order
or

waiting parties. The Court may give such judgment as

XIII, AND RETURN

for the

determination upon

of such Court

the

Chapter

PRODUCTION,

IMPOUNDING,
DOCUMENTS.

OF

133.
and have

(i) The
called for

parties by

or

their

solicitors

shall

bring
evidence

with

them

Documentary

in readiness

at the

first hearmg

of the suit, to be
which

r^eldines" produced fn^ at

of every intend
to
first hearin-.

when

the Court, all the

documentary
on

in description

their

possession or

power,

they

378 rely, and

to be

No.
which has
not

15

OF

1918.
filed in Oourt, and such all documents ordered

already
at any

been

which

the Court

time

before

hearing

has

produced.
Court
are as

that

The (ii) they form

shall receive

the documents
an

so

accompanied by
the Judicial

accurate

list thereof may from

produced ; provided prepared in

time to

such

Commissioners

time

prescribe.
Effect of
non-

134.
any

No

documentary
should

evidence have

in but

the
has

possession
not

or

power received

of

production
documents.

of

party which
any

been,

been, produced in
shall be
is good cause non-production shall

accordance
at

with the requirements of Section subsequent stage of the proceedings the

And

133

unless the

shewn thereof.
its
reasons

to

satisfaction the
so

of

the

Court

for

Court

receiving any

such

evidence

record

for
The

doing.
may at any

Rejection
documents.

of

135.
which

Court

stage of the
or

suit

rejectany

document

it considers

irrelevant

otherwise

inadmissible, recording

the
Endorsements
on

grounds

of such
to

rejection.
the

136.

(i)Subject
on

provisions of
which
"

sub-section

there (ii),

shall

documents in

be endorsed in the suit

admitted
evidence.

every

document

has been

admitted

in evidence

the

followingparticulars namely,
and
on

(a) the number

title of the the

suit

;
was

(b) the
(c)
a

date
or

which number

document which
it may is
an

produced

and

letter
a

by
so

be identified.

Where (ii)
or

document
a

admitted
has

entry

in

record the

and
next
on

copy

thereof

been the

substituted

for the

book, account, original

shall

under

following section,
copy

particularsaforesaid
thereon

bo

endorsed
or

the

and

the

endorsement

shall be

signed
suit is

initialled 137.

by

the
a

Judge.
document
or

Marldnf;
entries in books, accounts, and an

(i)Where
in
a on

admitted

in
or or

evidence

in the

entry
a

letter-book whose

shop-book
the

other
account

account is

in current

records.

use,

the party
copy

behalf

book

produced

may

furnish

of the such
a

entry. entry in a public record produced public officer,or an entry in a book

is
an

(ii)Where
from
or a

document

account

or public belonging

office

by
to
a

person
is

other

than the

party
may

on

whose

behalf copy

the of the

book

or

account to

produced,
or

Court

require a
on

entry
the
a

be furnished
account

(a)

whore

record, book,
then

is
or

produced

behalf

of

party,

by

that

party

(b)

where
to
an

is produced in obedience the record, book, or account order of the Court motion, then acting of its own
or

by

either
a

any

party.
an

Where (iii) provisions of

to

copy

of

entry
and

is furnished attested
in

under

the

foregoing
copy in

this section, the

Court

shall, after causing the

manner

be

examined, 53, mark

it
occurs

compared,
the to

mentioned
or

Section
in which

entry and
be returned

cause

the the

book, account,
person

record

to

producing it.

CIVIL

PROCEDURE

CODE.

379

138.

Where

document Court
the 136
to

relied
be

on

as

evidence

by
in

either

party

is

Endorsements

considered
be

by

the

inadmissible and (i),

in evidence,

there

shall

re'jeljted^r*

endorsed

thereon

mentioned particulars
a

clauses of its
or

(a), (b),l^'^^^lf^^l^

and
been

(c)of Section
and rejected, Judge.

sub-section endorsement

statement

the

shall be

signed
admitted

initialled

having by

the

139.
or a

(i) Every document

thereof
Avhere
a

which
copy has

has been

been

in

evidence,

Eecording

of

copy

substituted
the

for the

'""* originalr^t"r"of

under

Section

137, shall form

not

part of
in

record

of the
not

suit.

dSents.
part

Documents (ii) of the record and

admitted
be

evidence
to

shall
persons

form

shall

returned

the

respectively
53, Section
Court
pro-

producing
140.
137 may,

them. contained
139 in Section
coiirtmay

NotAvithstanding anything
or (iii),

sub-section
if it
sees

Section

sub-section any

(ii),the
or

docunfenUobe
impounded.

sufficient cause,
it in any suit to be

direct

document

book

duced of
an

before

officer of
as

the

Court thinks

impounded and kept in the custody for such period and subject to such
fit.
a

conditions 141.

the Court

(i)Any person, whether document of receiving back any jjlaced on the record, shall,
under Section

party
the

to the

suit him

or

not, desirous
the suit

Eetum documents

of

produced by
unless to in

in

and

document back
an

is
same,

impounded
allowed,

140, be
the the the
suit suit suit

entitled
is has is
one one

receive which

the

(a) where
when

appeal

is not

been in

disposed of, and

which
an

(b) where

appeal is allowed, when for preferring an a.ppeal has elapsed and that no appeal has been preferred or, if when the appeal has been an appeal has been preferred, disposed of ;
the Court
is satisfied that the time that
a

Provided

document if the

may

be

returned

at

any

time

before delivers
to

either of such
to

events

the proper officer a substituted and for the original

person certified

applying
copy

for such such

to

return

of

document the

be

undertakes

produce

original

if

required to
Provided

do

so.

also that

no

document

shall be returned
or

which, by force
admitted
in in
a

of the decree, has On (ii) evidence

a

become of
a

void

useless. which the

has person

the

return

document

been

receipt shall receipt-book to be kept

142.

be

given by
of
its

receiving it
and
in

for the

purpose.
own

(i) The
upon

Court the

may

motion,

may

its

Court us

may

sen"i

discretion

for, either
of any

from

applicationof any of the partiesto a suit, send its own records or from any other Court, the record
or

owrr?cord"s

"""^'" ^^^"^^

other

suit

proceeding

and

inspect

the

same.

this section shall (unlessthe under Every applicationmade (ii) Court otherwise directs)be supported by an affidavit of the applicant his solicitor shewing how is material the record suit in to the or which the the and that is cannot made, application applicant without unreasonable delay or expense obtain a duly authenticated of the record of such or portion thereof as the applicant copy

380

No.
that the

15

OF

1918.

requires,or
purposes of

production

of the

originalis
shall be which

necessary

for the

justice.
in this section any

(iii) Nothing contained

the Court
to
use

deemed under

to

enable law

in evidence

document
in the suit.
as

the

of

evidence
Provisions to documents
as

would The
may

be inadmissible

143. far
as

apply

to

provisions herein be, apply to all

contained other

to

documents

shall, so
as

material

objects producible

material

evidence. CHAPTER SETTLEMENT 144.

is

objects.

XIV. OF material denied those order

to

ISSUES.

Framing
issues.

of

(i)Issues affirmed by the

a

arise
one

when

party and

proposition of by the other.

fact

or

law

(ii)Material
which

defendant

propositions are must allegein plaintiff in order must allege

material
must
are

propositions of law to shew a right to

his defence.

or sue

fact
or a

constitute

Each (iii)

by

the

other

proposition affirmed by one form the subject of a distinct

kinds
:

party and
issue.

denied

(iv) Issues
after

of two

(a) issues
suit

of fact,
may,

(6)issues
if any,

of law.

(v) At the first hearing of the

the

Court

if it thinks

fit,

and after statements, reading the plaintand ascertain of the partiesas may such examination aj)pear necessary, material what propositionsof fact or of law the partiesare at upon and record the issues on variance and thereupon proceed to frame the right decision of the case to the Court to depend. which appears
Issues of law and of fact.

the written

145.
issues

Where have 144

issues been

both

of law and
is of

and

of fact arise under that the

in

suit

in which

framed the Court

recorded

sub-section
case or

Section thereof those been

Materials which may from

and be

opinion
the
issues

any

(v) of part

may issues

disposed

of

on

of law

only, it

shall try have

and first,

for that

purpose

may,

if it thinks

fit, postpone
of law

the settlement determined. The

of the issues

of fact until

after the issues

146.

Court

may
:

frame

the

issues

from

all

or

any

of

the

issues be framed.

following materials
present
on

made (a) allegations

on

oath

by
or

the made

their

behalf,

parties,or by the
in the

by any persons solicitors of the

statements

parties;
made {h) allegations (if any) tendered delivered
in the in the

plaint or
;

written to

in the suit, or suit

in

answer

interrogatories
part3\
frame be
not not to

(c)
Court examine
witnesses
or

the

contents

of documents
in any
case

'produced by
where
the of issues
some some

cither

may

147. record framed

If the

Court,

it decides cannot

to

and

documents before issues.

issues, is of without the

or

opinion

that

correctly
before
the

examination

framing

Court,
in

without fixed

the the

inspection of
the

person document

produced
a

the
to

suit, it may
be

adjourn

framing
may

of the

issues the

future

day,

by

Court, and

(subjectto

provisions

382
One
at

No.
Where

15

OF

1918.
than
one,

of several
not issue

152.
the law

there
is not

are

more

defendants
with at the
once

and
any

any

one

of

defendants

defendants
or

at issue

witli

on plaintiff

question of

plaintifl.

of fact, the defendants.

Court

against such
other
Parties at issue. or

defendant

may and the

pronounce

suit

shall

judgment for or proceed only against the question

as

153.

(i) Where
if the

the

parties are
have been is

at

issue

on

some

of law

of fact, and

issues

framed

by
that

the Court
no

hereinbefore

provided,
evidence

Court

satisfied
at
once

further
is

argument

or

than issues

the
as

partiescan
be

adduce

required upon
of the the

such

of the
that the
no

may

sufficient for the

decision

suit, and

injusticewill result from

may the

proceeding with

suit forthwith,

Court

(ii)Where
Court has
may been

such issues. proceed to determine is sufficient thereon for the decision, the finding whether the summons judgment accordingly, pronounce issued for the settlement of issues only or for the final the suit.

disposal of
issued
are

Provided of them
not

that, where

the

summons

has

been

for the settlement

none

of issues

only, the

partiesor

their solicitors

present and
Where (iii)
the

object.
sufficient for the decision, the Court of the
suit

findingis

shall postpone the further for the production of such

hearing
further

and
or

shall

fix

day

evidence,

for

such

further

argument,
Failure to

as

the

case

requires.
has been issued for the final
cause

154.
the

Where

the
either

summons

produce
evidence.

suit and
on

party fails without

he

sufficient

to

disposalof produce the

evidence

which

judgment,
of such

or may, evidence

at relies, the Court once pronounce may suit if it thinks for the production fit, adjourn the

as

may

be necessary

for its decision.

Chapter SUMMONING 155.

^

XVI. OF
is instituted
or

AND
time

ATTENDANCE the
suit

WITNESSES. the
as

Summons

to

At
on

any

after

obtain, evidence"or'^
produce

applicationto
summonses or

the
to to

Court
persons

to such whose

officer

in

this behalf,

attendance

parties may it appoints is required

the

either to
Expenses
witness
to

give evidence
party
such
a

produce
for
a a

documents.
summons

of be

156.
summons

(i) The
is

applying
and
sum

shall, before
be fixed to

paid into Court applying for on

summons.

granted
to

withm

period
as

to

by
the

the

Court,
to

pay

into

Court

of money

appears

Court

of the defray the travellingand other expenses the in which he is summoned in and from Court to passing person required to attend, and for one day's attendance. the this section (ii)In determining the amount payable under evidence summoned Court in the case of any to give may, person for the time remuneration as an occupied expert, allow reasonable of an both in giving evidence work and in performing any expert be sufficient
character necessary shall to be

for the be

case.

(iii) Regard
remuneration

had,
under

in

fixing the
this section

scale
to the

of

expenses

or

made of the

in that

Chief

paid b}^the Secretary.

l)ehalf

rules the

Judicial

Commissioners

with

(ifany) approval

CIVIL

PROCEDURE

CODE.

383
to the
can

157.

The

sum

so

paid
time

into

Court

shall

be

tendered if it

person

Tender

of

summoned,

at

the

of

serving the
has
been

summons,

be served

^^itnesT*"

personalty.
158.
appears that the
or sum

(i) Where
to
sum

no

sum or

paid
as

into it

Court

or

where

it

Procedure where insuffioient

the

Court into

to

such

officer

appoints
to
cover

in this such

behalf

paid
sum

Court
as

is not

sufficient

reasonable
or

remuneration to be

aforesaid, the
to the person in case

Court

may

expenses direct such

sum

paid in.

as appears be necessary that account, in payment, of default on and, order such be levied by attachment sale of the to and sum may the movable the of the or summons ; jiroperty party obtaining

further

paid

summoned

to

Court
to

may

discharge the
or

person

summoned order
such

without

give evidence,
as

may

both

levy
person

and

requiring him discharge such

summoned for
a

l^erson

aforesaid.
it is necessary
one

(ii)Where
the such such order

to the he

detain Court
was

the
may,

longer period than

party
sum

day,

from

time

to

at
as

whose

instance

is sufficient to

the defray'

further
such

period,and,
sum

in default

to pay of his detention expenses of such depositbeing made, and sale the may

summoned

time, order into Court

for
may

to be

levied
;
or

by

attachment

of the movable person both

property
summoned order such

of such
without

party
and

the

Court
to

levy
to

requiring him discharge such

for
the

discharge may give evidence, or

as

person

aforesaid. of
a

159.
evidence

Every
or

summons

attendance
shall

person
time

to

produce a his attendance required to attend, and also whether is requh'ed for the evidence of to produce a or giving purpose for both and document, or particular document ; purposes any which the person summoned called is to produce shall be described on
at which he is in the
summons

document

specifythe

and

give place

Time,

place, and
to

of purpose attendance

be specified in
summons.

with

reasonable

accuracy.
Summons to produce document.

to produce a document, Any person may to give evidence moned sumbeing summoned ; and person any shall be deemed to have merely to produce a document such be if he cause document to complied with the summons of attending personally to produce the same. produced instead

160.

be

summoned

without

161.
to

Any

person
or

present
to power. to be served
a

in Court any

may

be

required by
then and

the

Court
in his

Power

to

give evidence

produce

document

there

actual

possession or Every
summons

require persons present in Court to give evidence.

162.
a

person
as

document

shall

to give evidence be nearly as may

or

to the

produce
manner

Summons,
served.

how

in
on a

hereinbefore
and the rules

prescribedfor
contained
case

the service

of

summons as

defendant
shall

in

Chapter

VII

to

proof

of service
section.

apply
163.
the

in the The

of all
shall the him

summonses

served
cases

under
a

this

service

in all
summons a

bo made

sufficient time of the

before
person

Time
^^^^"^'"

for serving

time

in specified to allow

for the
time

attendance for

summoned,
to travelling

reasonable

the

place
a

at which

his attendance
a summons

preparation and is required.

has
been

for

164.
either

(i) Where
to
or

attend to

to

give

to whom person evidence or

issued
fails to

Procedure

attend

produce

the document

in

produce a document compliance with such

to

taUs'^toTompiy
^^^^^ summons.
,

summons

384
the

No.
Court

15

OF

1918.

has not been shall,if the certificate of the serving-officer if it has been so verified,examine by affidavit,and may him the serving-officer examined on to be so oath, or cause by another of the summons. Court, touching the service or non-service verified

(ii)Where

the Court
is material

sees

reason

to such

believe
person

that

such

evidence

or

production
excuse,

and
or

that to

has, without

lawful

in compliance produce the document with such summons has intentionallyavoided or service, it may issue a proclamation requiring him to attend to give evidence, or and place to be named to produce the document, therein ; at a time and of such proclamation shall be affixed on the outer door a copy other conspicuous part of the house in which he ordinarily resides. or In lieu of or at the time of issuingsuch proclamation, or at (iii) any time

failed to attend

afterwards,
or

the

either make
as

with
an

without for the

order

in its discretion issue a warrant, may the arrest of such person and may of his property to such amount attachment

Court

bail, for

it thinks the

not exceeding the fit, may

no

amount

of the

costs

of attachment 166. Court shall

and

fuie which that order

be

imposed
other

under the

Section

Provided make
If witness appears, attachment be may withdrawn. an

Court

than

Supreme

for the
at any

attachment
time

of immovable attachment Court

excuse,

property.
of his

165.
such

Where,
that

after the

property,
with

person

appears

and

satisfies the

(a)

he

did

not, without
or

lawful

fail to

comply

the

summons

intentionallyavoid
attend
at the

service, and
time

(6) where
in
a

he

has

failed to

proclamation
he

issued

under of such

that

had

no

notice

place named the last preceding section, proclamation in time to

and from attachment
as

attend,
the Court and shall make fit.
The

shall direct that the property be released such order as to the costs of the

attachment

it

thinks
Procedure witness appear. if fails to

166. appears
not

Court fails
so

may, to

where
the satisfy and

such

person

does

not him

appear,
such

or

but

exceeding two hundred regard to his condition in

and
may
or

Court, impose upon dollars it thinks as fifty

all the circumstances

fine

fit, having

life and
or

order if

his

property,

any

sold,

purpose the amount

under already attached of satisfyingall costs of

of the case, and attached be part thereof, to the for be 164 to Section sold, attachment

such

together
is

with

of the

said fine,if any.

person

Provided into Court the

Mode of

that, if the
the costs and

whose

attendance

fine

as

aforesaid, the Court

attachment.
to

required pays shall direct that

and
are

property be released
The
in execution to

from

167.

provisions with
of
to
a

regard
attachment is

the and

attachment
as

sale of

attachment.

property
be
as

decree

shall,so far
so

they
were

applicable,
this
a

deemed if the

apply

any

sale under

person

whose

property

attached

Chapter judgmentand the other

debtor.
Court
its
own

of may accord
as

168.

Subject
and
at any

to to

the

provisions of
law for the
it necessary who is not

this Code
time
to

as

to in

attendance

summon

appearance

witnesses

Court
to

time to

any thinks

being
examine
as a

force, where

strangers
suit.

than

party

the

suit,

called

any person, witness by a

party

CIVIL to the suit, the

be

PROCEDURE

CODE. such

385
person to

Court
as a

summoned
in him

may, witness

of its
to
on

motion, cause give evidence, or

own a

document
examine

his
as a

possession,
Avitness
or

day requirehim
attend

to
to

to produce any appointed, and may produce such document. be is summoned time and to

169.
and in the

Subject
summons

as

last aforesaid, whoever

in
a

appear
to

Duty

of persons

give evidence

suit shall

at the

place named
cause

g^^'^vidence
^ocumeaT
it

for that such

produce a document to be produced, at

170. Court been

and purpose, shall either attend time

whoever to

is summoned

produce it, or

and

place.
and at each

summoned so (i) A person otherwise directs, attend

attending shall, unless hearmg until the suit

the has

when ^^^

they
^^*'
'

disposed of.
the

(ii)On
the Court

applicationof

of all necessary

either party and the payment if any, the Court may expenses, and

through
require

summoned so any person attend at the next or any of and, in default

to

of

be detained 171. The

in the

attending to furnish security to other hearing or until the suit is disposed order him his furnishingsuch security, may civil prison.
164 to to 167 any

provisions of Sections

shall,so
person

far
who

as

to apply applicable,be deemed in compliance "with a summons attended

are excuse

they Application of having ie?.'"'^^

lawful

departs

without

in contravention

of Section person

170.

172. before

Where
the

any in

arrested and

under

warrant
to

is

brought
of docuCourt
his

Procedure

Court
or

custody
been

cannot,
to

owing
or or

the

absence the the

wltnSs arrested
cannot

the parties
ment may

any

of them,
to

give the evidence

produce

give

which

he

has

summoned reasonable

give
or

produce,
and, fit,
on

produce
"io"=ument.

require

him such

give
time

bail

other

security for
such in

appearance

at

and

place as
release

it thinks

bail
the

or security being given, may giving such bail or securitymay civil prison.

him,
him

and
to

default detained

of his
in

order

be

173. in Court

No

one

shall be bound
he

to attend

in person "^

to

give evidence

Persons

unless

resides State
in which

residing
distance.

at

(a) within

the

the

Court-house

is situate

or

(6) without

State but at a place less than or (where fifty other communication or railway or steamer tance established for five-sixths of the dispublic conveyance between the place where he resides and the place
such is

there

where

the

Court the

is

situate) less than

two

hundred

miles

distance 174. lawful Where

excuse,

from

Court-house.
a

any when

party

to

suit

present
the there

required by
then and

in Court refuses, without to or Court, to give evidence

Consequence
to

of

evideLc^ gfve ^co^t

^'^
""^

produce
the
or

any
may

document order any

as

Court make

in its discretion
in relation

either to suit the is

possessionor power, against him judgment give

in his suit
as

^y

such Where
a

it thinks

fit. evidence shall

or Provisions
as

175.
to to him
ITT"

party
are

produce
so

document,

the

far
25

they

required to give provisionsas to witnesses applicable.

to
a

to

apply TppV to
summoned.

parti

386

No.

15

OF

1918.

Chapter ADJOURNMENTS.

XVII.

Court

176.
may-

grant time, and adjourn hearin;?.

of the from

suit time

(i) The Court grant time

to time

may, to

if sufficient

cause or

is any

the the

adjourn
may

parties hearing
Court make

to

shewn, at any stage of them, and may

of the
fix

suit.
a

In every such case (ii) hearing of the suit, and

the

shall

day
as

for the

further fit with

such the

order

it thinks

respect to the
Procedure if to

costs
on

occasioned
any

by
to

adjournment.
the

177.

Where,
the

day

which

hearing
modes
as

of
the

the

suit

is

parties fail
appear fixed.
on

day

adjourned, partiesor any proceed to dispose of the suit behalf by Chapter IX or make
178. Where
any

of them
in
one

fail to appear,

Court

of the
other

directed
it thinks

may in that

such suit
or

order

fit.

Court

proceed
either

may not-

fails to produce withstanding

his

party to a evidence,
any

to whom to
cause

time

has

been

granted
of his further
may,

the
necessary

attendance
to

party fails to produce evidence, etc.

witnesses,
progress

or

to

perform
such

other
time has

act

the

of the suit, for which

been

allowed, the Court

the

notwithstanding

default, proceed
Chapter

to decide

suit forthwith.

XVIII. AND EXAMINATION OF

HEARING

OF

THE

SUIT WITNESSES.

Right

to

begin.

179. The
admits the

facts

point of law is plaintiff

which
statement and of case

has the right to begin unless plaintiff and contends allegedby the plaintiff facts allegedby the additional or some on entitled defendant the
which shall to any

the
that

defendant either
in

defendant he

the
in

not

part of the relief which

the

seeks,

the

has fixed

right to begin.
any

180. other

(i) On
to

day
the state

production
evidence

day right to begin

(ii)The
evidence whole
case.

hearing of the suit or on hearing adjourned, the party having his case and produce his evidence.
is shall

for the

the

other

party
and

then

state

his the

case

and

(ifany)
party

may

then

address

Court

produce generally on
the

his the

The (iii)
case.

beginning
are

may

then

repl}^ generally on

whole

Evidence where issues. several

181. of which

Where lies

there
on

several

the

other

of proving some issues,the burden the at his party beginning may, party,
on

by the produced by party. latter case those the party beginning may on produce evidence issues after the other party has produced all his evidence, and the other partj^ may then so produced reply speciallyon the evidence be the by party beginning ; but the part}^ beginning Mill then entitled to reply generally on the whole case.
or reserve

option, either produce

way

his evidence

those

issues

it

of

answer

to

the evidence

the other

In

Witnesses examined open Court.

to be in

182.

The

evidence

of the

witnesses

in

attendance the

shall

be

taken

orallyin open Court in the presence and superintendence of the Judge.

and

under

personal direction

CIVIL

PROCEDURE

CODE.

387

183.
witness

In

cases

in which be

an

shall

taken form

down
of

ordinarily in
narrative. 184.
any The
or

the

appeal is allowed the evidence of each writing in English by the Judge, not but in that of a question and answer
in

now

evidence

fn appe^iabiT
"^ases.

Court his

may,

of its

own

motion

or

party
or

solicitor, take

down

any

application of Any particular may'^be particular question and Answer

on

the

answer,

any

specialreason
185. Where
or

objection to any for so doing.

any

question, if

there

appears

to be any

^^^^'^

''o^^"-

question put
the the

to

witness

is
same

objected
to be

to

by

Questions
^""^ aUowedVy court.

party

his solicitor and take down

Court

allows

the

put, the
of the

Judge
the
name

shall

Court 186.

of the person thereon. The Court

may

question, the answer, making it,together with

the the

objection,and
decision

record

such

remarks
while

as

it thinks under

material

Remarks

on

respecting the
187.
necessary In
cases

demeanour
in

of any
an

witness

examination,
it shall in not

wluiesses""^
be
Memorandum

which

appeal
evidence

is not

allowed
witnesses

to take
; but
a

down

the
as

of the

length

the

Judge,

the

examination

of each

witness he

shall make 188.

memorandum
the

of the
is unable
or cause as

substance
to
a

of what down

writing at Unappealable proceeds, disposes.

^^^^^s.

Where

Judge
183

take

the of it

evidence
as

as

Procedure

required by
by Section
memorandum
open

Section

to make

memorandum
to

required unabfe to take

or

187, he shall
to be

the evidence the

case

be

taken

down,

the
in

down
or
ih"aG

evidence

made,

may

be, from

his dictation

Court.

memorandum *^*'"''*-

Where other cause a Judge is prevented by death, transfer,or Power to deal deal with any concluding the trial of a suit, his successor may Jlkea d'ownT the foregoing another judge, evidence under memorandum taken down made or or from
sections
or as

189.

if such him

evidence under the

or

memorandum
and

had
may

been

taken

down
the

made

by
the

said sections his

proceed
it.

with

suit

from

stage
a

at which

predecessor left
to leave to

190.

(i) Where
or

witness

is about
cause

the
the

of jurisdiction satisfaction
the

the

Power

to

Court,
upon

other

sufficient

is shewn

of the
may, time in

fmmediateiy?

Court, Avhy his evidence

the

should
any

be taken

immediately,
of the

Court
at

application of

party

or

witness,

any

after the institution

nanner

of the suit, take

the evidence

of such

witness

hereinbefore
such

provided.
evidence
is not

(ii)Where
presence

taken

forthwith

and

in

the

che

day

of the parties, such notice as the Court thinks fixed for the examination, shall be given to the evidence
it to be
so

of sufficient,

parties.
Avitness may

The (iii)
if he

taken

shall

be read

over

to

the

and,
be

admits
at

correct, shall be signed by him

of the
at

and

then

read

any

hearing
Court

suit.

191. has
time been

The

examined

may and

any

stage of questions

suit

being in force)put
The Court

may such

(subjectto the
to him
a

law
as

recall any witness who of evidence for the

the

Court

may

examine''
witness.

Court

thinks

fit.

192.
or

thing concerning

at may which

any any

stage of

suit

inspect any
arise.

property

Power *"

of Court

question

may

inspect.

388

No.

15

OF

1918.

Chapter AFFIDAVITS.
I'ower any to order

XIX.

193.
any

point to be proved by

Any Court particularfact

of any
as

may
or

at

any

time

for sufficient

reason

order

that the
ditions con-

facts

affidavit.

affidavit

witness

may be may

be

that or proved by affidavit, read such at the hearing, on

the

Court

thinks

reasonable.
to the Court witness
an

Provided

that, where
the
witness

it appears

fide desires
that

production
can

of

that either party bond for cross-examination and order

to be

such

be

produced,

shall

not

be

made

authorizing the
Power to o.der of for

evidence

of such

witness

given by

affidavit.

194.
but the

Upon
Court

any

application evidence

may

be

given by affidavit,
the

attendance

deponent
cross-

at the instance may, for cross-examination of the

of either party, order

ance attend-

examination.

deponent. deponent
otherwise facts
as on

Such from
Matters which shall be conliued. to affidavit'

attendance

shall be in Court, unless the

in Court
or

is

exempted
directs.

personal appearance (i)Affidavits

of his
own

the

Court

195.
is able

shall be confined

to such

the

knowledge
which statements

to

prove,

except

deponent interlocutory
admitted,

on aj) plications,

provided
The (ii)
matters

that
costs

the

grounds
or

thereof

of his belief may stated. are

be

shall unnecessarilyset forth affidavit which argumentative matter, or copies of or extracts from documents, shall (unlessthe Court otherwise directs)be paid the same. by the party filing

of every

of

hearsay

Oath

or

196.
of

(i)Any

affidavit

may

be used

under

this Code

if it is

sworn

affirmation

deponent,
whom
to

by
be

or

affirmed

administered.

(a) in the Federated

a

Registrar

of the

Malay States, before Supreme Court ;

Magistrate

or

before

Islands, or in (b) in England, Scotland, Ireland, or the Channel or Colony, island,or place under the dominion diction jurisany of His Britannic Majesty or in any of the States in the Malay Peninsula Malay (other than the Federated said under the protection of His States) or in Borneo Majesty, before any Judge, Court, notary-public,or person oaths or affirmations to administer lawfully authorized ; in other Majesty's (c) place, before any of His Britannic any
Consuls The (ii)
notice
or

Vice-Consuls. and other officers of the

case a

Judges
or

Court

shall

take
such

as signature, any may Vice-Consul Consul, or notary-public, person. such affidavit. to any appended, or subscribed

of the seal

be, of

judicial Judge,

Court,

attached,

Chapter

XX. AND

JUDGMENT
Judgment
when

DECREE,
been
or

197. The

Court, after the

in open

case

has
at
once

heard, shall pronounce

on some

pronounced.

judgment
which due

Court
shall

either

future

day,

of

notice

be

given

to the

partiesor

their solicitors.

390

No.

15

OF

1918.
annum,
sum as

exceeding eighteen per reasonable to be paid on

of the suit to the date
shall in
no case

cent,

per

the

Court from

deems the date

the

principal

adjudged
to any

of the decree, in addition

which interest,

exceed for

such with

principalsum
further
interest

eighteen per any period priorto

rate per
as

cent,

adjudged on per annum, the institution of the suit,

deems the date

at such

the Court
on

reasonable,
sum or

not
so

exceeding eight per cent, adjudged from the date of

such
earlier

annum,

aggregate
of payment

the

decree

to

the

to

date such
on

as

the Court
a

thinks

fit. with
as or

Where (ii) further the

shall decree to

decree

is silent
sum

respect
aforesaid

to the

payment
the date

of

interest

such date
to

the

aggregate of payment
refused

other

be

deemed shall not

have

such

of earlier date, the Court interest, and a separate suit

from

therefor
Decree direct may

lie. and
may in
so

208.

(i) Where
Court order

far

as

decree
reason

is for the

payment
of shall

of

payment

by

instalments.

the money, the decree

for any

sufficient of

at the time

passing
be

that

payment

the

amount

decreed without

postponed or shall be made by instalments, with or in the contract notwithstanding anything contained is payable. which the money
such After the passing of any (ii) application of the judgment-debtor

interest, (ifany) under

the

decree and

the

Court the

may,

on

with
amount
on

consent

of the shall be
as

decree-holder, order

that

payment

of the

decreed
terms

postponed
payment debtor,
thinks
In suits for land Court may decree payment of
mesne

or

shall be made of

of interest, the attachment

or

the

taking
a

to the of the property of the judgmentsecurity from him, or otherwise, as it

by

instalments

such

fit. Where suit is for for the the

or

209.

recovery

property

yielding rent

other of

profits

with

interest.

provide

in

the

decree

payment

of possession of immovable the Court profits, may rent or mesne profitsin

respect of such property from the institution of the suit until the favour the decree is delivery of possession to the party in whose of three until the from the date of the made, or expiration years
decree such
Court may determine
amount
mesne

(whichever
rate
as

event

the
a

Court
suit
mesne

thinks

first occurs), with fit.

recovery

interest

thereupon
immovable

at

210.

Where and

is for the

of have

possession of
accrued
on

of

property

for

which profits

the

property
the

profits prior to suit, or

may
reserve

during
of such
amount

period prior to the institution profitsis disputed, the Court

of the decree itself or
may pass
a

of the
may

suit, and
either

the amount

determine

enquiry.

decree

direct
same

an on

enquiry
further

into

the amount

of

mesne

for the property and and dispose of the profits

orders.
a

Administration
i"uit.

211.
its due

(i) Where

suit

is for

an

account

administration

under

the

decree

of any of the

Court,

property and for the Court,

before

making
and the

be taken
In (ii)

the decree, shall order such accounts and enquiriesto made, and give such other directions,as it thinks fit. administration

by
Code

the
comes

Court
into

of the

person proves and

as

who
to be

di(^s after

this

property of any force, if such property

full of his
to

insufficient
same

for the

payment
secured

in
as

debts

and

the liabilities,
to

rules shall be observed

claims preferential unsecured creditors

the

respective rights of

and

CIVIL

PROCEDURE

CODE.

391
be
in force

and
time

as

to

debts with

and

liabilities
to

provable
estates

as

may

for the declared

being
or

respect

the

of

judgment-debtors

insolvent
case

would

adjudicated bankrupt ; and be entitled to be paid out of

for its administration
may,

under
the
same

the decree
as

all persons in any such who such in come property may and make such claims against

they

be respectively,

entitled

to

by

virtue

of this

Code.
suit is for the dissolution of a partnership or the suits for disa partnership accounts, the Court, before making its decree, ^a'rt'ereb^ order declaringthe proportionate shares of the parties, may pass an the dissolved fixing the day on which partnership shall stand or be deemed been dissolved, and directing such to have accounts to

212.

Where

taking

of

be taken 213.
a

and In
a

other
suit

acts
an

to

be done of
in

as

it thinks

fit. between
suit for account

for

account and

pecuniary
other

transactions suit not

principal and agent, provided for,where it is

of money
the such Court

necessary, any

any in order
an

hereinbefore the amount be taken,

dpai

an/ageiit

to ascertain account pass

an

due

to

or

from

party, that
its
as

should order

shall, before
to be the

making
defendant

decree,
fit.
been

directing against
is due
Decree

accounts

taken

it thinks

214. the
to

(i) Where
of the

has

allowed what
to

set-off
amount

where is

claim

the plaintiff, what

decree

shall state

set-ofE

allowed.

the

and plaintiff
be

amount

(ifany)
sum

is due

the

defendant,
to

and
to

shall either

for the

recovery

of any with
same or a

which

appears

be due

party.
decree of the

The (ii)
to
same

Court,
the

respect
otherwise,

to

any

sum

awarded the

the

defendant,
rules in

shall have

effect, and
as

be

subject to
sum

respect of appeal

if such

had

been

claimed

by

the

defendant
this

in

separate
shall

The (iii) is admissible

provisionsof
under

section 88
or

against the plaintiff. the set-off apply whether

suit be

Section

otherwise. shall
at

215.

Certified

parties on

copies of the decree applicationto the Court and

furnished

to

the

cer

ised

ronies

their expense.

^'^ furalsL^i!"

Chapter COSTS. 216. Court

reserve

XXI.

When
may the

disposing of any give to either party

consideration

this Code, application under of such the costs applicationor

costs

the
may

costs

of

apphcations.

of such

for any

future

stage of the property

or

proceedings.
217. the what 218.
costs

The

judgment
of each
or

shall direct
are

costs

party
Court

to

be

by whom paid, and

or

out

of what

judgment

to

whether

in whole

in

costfto'be paid.
Power
^ "

part

proportion,
shall have
full power suit in such
no

(i) The

to
manner

give

and
as

apportion
fit,
the

of comt
^"^ ^'

and

of every application and the fact that the Court has

or

it thinks

to jurisdiction

hear

tion applica-

try the
the

suit

is

no

bar

to

the

exercise

of such of any

power.

(ii)Where
suit

Court the

directs

that

the

costs

applicationor
its reasons

shall not

follow

event, the

Court

shall state

in

writing.

392 (iii) Every forming part

the
Costs
s

No.
order of
a

15

OF

1918.
made under
as

relatingto
decree
may

costs

this Code
were a

and decree

not

be executed

if it

for

payment
The
another

of money. Court
shall

may

be

219.

et-oS found

against
admitted to be

by

direct that the may be set-off against any

to may cent,

costs
sum

payable
which
to

to

one

party
or

is admitted the at

s um or

is found

in the The

suit

be

due

from

the

former
on

latter.

due. Interest
CQPt^.
on

220.
of

Court

give
per

interest

costs

Payment
out

of costs

exceeding eight per

or

annum,

and

may

direct

not rate any that costs, with

subject-matter.

without

interest, be
suit.

paid

out

of,

or

charged

upon,

the

subject-

matter

of the

Chapter

XXII. OF DECREES.

EXECUTION
PAYMENT

UNDER

DECREE.

Modes money decree.

of paying under

221.

All money the

payable
Court
to

under

decree

shall be

paid
the

as

follows

"

namely,
(a)
into
out

whose the

duty

it is to
;

execute
or

decree

or

(b)
222.

of Court
as

decree-holder which
to

(c) otherwise
Agreement
cive
time
to

the

Court

passed
time it is made

the

decree

directs. of
a

to

(i) Every
sanction

agreement
of the

give
which to

for the

satisfaction

judsraentdebtor.

judgment-debt
with
Court

shall be void

unless

for consideration the

decree

and such

the

Court

passed
be

and

deems

the

consideration

under

the

circumstances

reasonable.

(ii)Every
which in
excess

agreement
for the
sum

for

the

satisfaction

of

judgment-debt
any
sum

provides
of the
unless

payment,
or

of directlyor indirectly, due under the decree

like sanction.

due

to

accrue

shall be

void

it is made
sum

with

the

Any (iii)
section and
Payment
to

shall

the

of the provisions of this paid in contravention applied to the satisfaction of the judgment-debt ; surplus,if any, shall be recoverable by the judgment-debtor. be
any is money

223.

(i) Where
or

decree-bolder.

Court,

the

decree of the

payable under otherwise adjusted in

or

decree
or

is in

paid
part

out

of

whole

to the in

satisfaction

decree-holder,
of the
shall

where

any

payment
or

is made

of an pursuance the decree-holder Court record whose the

agreement
it is to

nature

mentioned

in Section

222,
to the

certifysuch
execute

payment
the decree

adjustment
and the Court

(ii)The payment
the

or

duty accordingly. judgment-debtor also may adjustment and apply to

same

shall

inform the Court

to

the
to

Court
issue
a

of

such
to

notice

decree-holder such due

to show
or

cause,

on

day

be

fixed

by
faUs

the
;

Court,
and

why
after
on

payment
service

adjustment

should

not

be

recorded

if,

of such

notice, the

decree-holder

to

appear

Avhy the day fixed, or having appeared fails to shew cause shall Court the be not shoulcl recorded, or adjustment payment record the same accordingly. certified or has not been A payment or adjustment which (iii) or shall be recognized as aforesaid not a recorded payment as the decree. Court of the decree by any executing a'ljustinent
the

CIVIL

PROCEDURE

CODE.

393

COURTS

BY

WHICH

DECREES

MAY

BE

EXECUTED.

224.
it

decree

may

be executed
to which

either it is sent

by

the Court
execution

which

passed
the

court

by

which

or by the Court provisions hereinafter

for

under

executed?^

contained.
which send

225.
of the

(i) The

Court

passed

decree

may, to

on

the

decree-holder,

it for execution

another

Court

application Transfer of in the the^ederated

,^a'ay ^^^^^
for execution.

Federated

Malay

States

"^

(a) if the

person

against whom

the carries the

decree
on

is

passed
of the

actuallyand personally jurisdiction

limits

voluntarily resides or works for gain, within

of such other Court
;
or

business,
limits

or

local

(6)

if such the

has not property person jurisdiction of the Court

to

within which

the

local

of

passed
has such other

the

decree
within
;
or

sufficient

the local limits of the

satisfysuch decree and of jurisdiction

for execution
and the to
a

property

Court

(c) if application is made

of

of the Court

decree

immovable
is not in

property
execution

which sale

by passed

sale the

decree

empowered
of the directs

order
;
or

of

immovable

property

decree
or

(d) if the
of the

decree

sale
the

delivery

of

immovable

property

situate

outside

local limits of the

it ;
or

jurisdiction

Court

which

passed
the

(e) if the Court

reason,

which

passed
it shall

decree
in other may

considers

which be

record such decree

writing, that
Court. of its thereto. for execution
execution the
own

for any other the decree

should

executed

by
a

(ii)The

Court

which
to any

passed
Court
a

motion

send

it for execution

subordinate decree
is sent

The (iii)
to the

Court
which

to which

shall
or,

certify
where

Court

passed
fails to

it the
execute

fact

of such
same,

the

former

Court such

the

circumstances

attending
226.
The

failure.

Court
section

sending
shall send copy

decree

for

execution

under

the

last

Documents be sent decree when

to

preceding ^ o

(a)

certified

of the

decree

Sn'thlf
of the
the

(6) a

certificate
not

been

obtained*

the

Court been been

settingforth that satisfaction within by execution by Avhich it was passed, or,

in part, the and extent

decree

has

Ailiay^state
forexecutiou.

of jurisdiction the

where

decree

has
has

executed

to which

satisfaction
remains

obtained
;

what

part of the
execution
a

decree

unexecuted

and of any order order

(c)

certified copy
or,

for the been

of the decree,
to

if

no

such

has

made,

certificate

that

effect. 227.
The and
or

Court

to

which
to

decree

is

so

sent

shall

cause

such

Court

receiving

copies
decree

certificates

be

filed, without
or

any

order

for

execution,

of

the

proof coj)iesthereof, unless

further

of the

etc.X^me'sTme
without

proof.

394
the

No.
Court, for any

15

OF

1918.
to

of the
Execution decree which Powers
or

special reasons Judge, requiressuch proof.

Where such
the

be

recorded

under

the

hand

of order to

228. executed 229.

copies are
to which
a

so

filed,the decree
it is sent.

or

order

may

be

by Court

by
The

Court

it is sent. of Court

Court the
same

executing
powers

decree

sent

to such

it under

Section
as

225

in executing transferred decree.

shall have been execution

same manner

in

executing

decree
or

if it had

passed by
of the
as

itself. decree

All

disobeying persons shall be punishable by passed

the decree.

obstructing the
Court its in the in

such And

if it had

orders

rules in respect executing such decree shall be subject to the same of appeal as if the decree had been passed by itself.
Transfer decrees from outside Federated of
to

and

Courts the States

Malay

lor execution.

has, by notification in the High Commissioner reciprocal arrangements have been entered into in the Colony of the in British India Court with regard to any or in any other British Colony or in any Protected Straits Settlements or of the Federated Malay States for the Malay State not being one
230. When the

Gazette,declared

that

transfer which for

any
Documents to be when Court sent decree to outside States

of decrees

to

or

from

such

Court

for execution,

the

Court

of the said notification, passed a decree may, subject to the terms send it to such Court the applicationof the decree-holder on Court and execute execution as shall, aforesaid, subject ; every be sent to it by such Court for that purpose. decree which may The Court
section

231.

sending
shall send

decree

for

execution

under

the

last

preceding
(a)
a

transferred Federated

certified copy

of the

decree that

Malay
lor

(6) a

certificate settingforth
not

satisfaction
or,

of the the

decree
decree

has has

execution.

been

obtained
in

by execution,

where
to

been has

executed
been

part, the obtained, and what

;

extent

which

satisfaction
remains

part of the

decree

unexecuted

(c)

of any order certified copy and, if no such order has the seal of the the Court
costs to

for the execution been

made,

certificate

of the decree, under

that

effect ; and

{d) security for

Procedure Court of

of execution.
any

232. Court notified

(i) A
with uudcr

Court

to which from

regard

receiving such copies and certificate from have to which reciprocal arrangements
230

been of be

transferred

Scctiou

shall, if competent
cause

to execute

decrees

sucli Federat'ed"^^
Malay
States

last mentioned
*

Court,

such
"

copies and
with

certificate to

filed The (ii) under

same

for execution.

Court

to which

in accordance decree such

is sent

the terms

of

tion notificathe of

Section
in

230

for execution
as

shall have
been

powers decree if it had The (iii)

executing

decree

if it had

passed by
manner

itself, and
the
as

all persons disobeying or obstructing the in the shall be punishable by such Court

execution
same

passed
Court under the

the
to

decree. which 230

in
a

accordance
decree it the

with for

the

terms

of

notification

Section which Court

is sent

execution execution

shall
or,

certifyto
where

Court

sent

fact

of such

the former

fails to execute

the same,

the circumstances

attendingsuch

failure.

CIVIL

PROCEDURE

CODE.

395

APPLICATION

FOR

EXECUTION.

233.

Where

the

holder

of

decree

desires decree
or

to

execute to the

passed apply to the Court which appointed in this behalf, or if the contained provisions hereinbefore
Court 234.
or

the

it, he shall if any, officer,

under to

Application
"^"^" ^"^'

for

decree to

has

been

sent

the such

another

Court

then

to the

proper
an

officer thereof.
a

(i) Where
or

of money order no
any

applicationto execute delivery of other property has

execution of the
same

decree

for the payment

and made

Execution

been

made shall be

granted, ceTtTii ceases.

upon years

for the

decree

fresh
any

from

applicationpresented of the following dates

after the

expiration of twelve

"

namely,
or

(a) the date of the decree sought to be executed or (ifany) on appeal affirmingthe same,

of the decree

(6) where

subsequent order directs any delivery of any property, to be payment date at recurring periods the date at a certain made or the pajnnent in making default of the or delivery in seeks the decree. execute to which the applicant respect of
the
decree
or

any

of money,

or

the

"

Nothing (ii)
the
execution

in this section

shall

of

decree

upon

of expiration of the said term force fraud debtor or or has, by of the Court, prevented the execution within twelve immediately before years

preclude the Court from ordering applicationpresented after the twelve where the judgmentyears absence the bj^ beyond jurisdiction
an

of the the

decree

at

some

time

date of
a

of the decree
or

application.
shall be
in
contents of

application for the writing, signed and verified by person proved to the satisfaction
235. The the facts of the
"

execution the

applicant
Court
a

of the
in

to

case,

and

shall contain

tabular

by some o/""^ execution be acquainted with decree. form the following

other

particulars namely,
(a) the number
of the of the of the
any

suit ;

(b) the

names

parties;
;

(c) the date

decree

(d) whether
(e) whether

appeal
and

has

been

preferred from
or

the

decree

(if any) what pajonent any in dispute has been of the matter the decree to subsequently parties ;
any

other

adjustment
between the

made

(/) whether
been

and

(ifany)
their the

what

previous applicationshave
decree,
the

made

for execution

of the
results
;

dates

of such

applicationsand
(g) the
or

amount, other
any of

of

date

the decree, (if any), due upon with granted thereby, together particulars cross-decree, whether passed before or after the the decree sought to be executed ;
with interest

relief

(h) the
{i) the

amount
name

of costs of the
is

(ifany)
and

awarded

person

against whom

the

execution

of the

decree

sought ;

396

No.

15
the

OF

1918.
of the Court is

(j) the
or or

mode

in

which the

assistance

required,

whether

by

by delivery of property specifically decreed, the attachment of the judgment-debtor's property,

as

otherwise,

the

nature

of

the

relief

sought

may

require.
Application
attachment movable for of

property not in judgroentdebtor's

possession.

for the attachment of any application is made to but in his a not belonging judgment-debtor property decree-holder the shall the to annex possession, application an inventory of the property to be attached containing a reasonably and stating the name accurate and address descriptionof the same in whose of the such or possession person persons property is alleged to be. 236.
an

Where

movable

Particulars

required where application is

for attachment of immovable

property.

for the attachment of any application is made it to contain shall a judgment-debtor, property belonging at the foot a description of the property, sufficient to identify it, and also a specification of the judgment-debtor's share or interest therein to the best of the belief of the applicant and so far as he 237. Where
an

immovable

has
"Where

been

able

to
an

ascertain

the

same.

238. land
by
be from of Land

Where
is

application is made

for the

attachment Land
an

of any

application
must

which

registeredin
attachment
the

accompanied
extract

applicationfor
extract

Registry of Titles or any shall be accompanied by

Land
or as

Office,the

authenticated

Registry
Titles
or

from

the

Office register.

persons

of such Registry or register registered as proprietors of,

Office,specifying

possessing
pay
revenue

any

transferable such
Application by joint decreeholder.

interest and the

a

in, the
shares decree

land,
been
more

or

as

liable to
so

for

land,

of the has
or

persons

registered.
favour
or

239.
persons

(i)Where
than
one,

passed jointlym
of such decree
persons, any

of
or

more

any

one

his

their
to

unless representatives, may, the contrary, apj^ly for the

the

imposes
of the has

condition decree

execution any

whole

for the

benefit of the

of them
survivors

all,or,
and the
on

Mhere

of them

died, for the benefit

deceased. decree
as

the

legalrepresentativeof the
sees

Where (ii)
to be executed it deems

Court
an

sufficient
so

cause

for

allowing the
such of the
persons

application

made,

it shall make

order

have
Application
transferee decree. of

not

for protecting the necessary in the joined application.

a or

interests

who

by

240. favour

Where of two

decree
more

or,

if

decree the

has

been of any

jjassedjointly in
decree-holder
in

persons,

interest in

the decree

is transferred

law, the
Court
manner were

transferee

may

or by assignment by operation of Avriting execution for of the decree to the apply

which and made

be passed it ; and the decree may conditions subject to the same by such decree-holder.
as

executed
as

in the

same

if the

aj)plication

Provided

follows the

: or

(a) Where

decree,

such

interest

as

aforesaid, has
in

been such the

assignment, notice application shall be given to the judgment-debtor, and the decree by
until the

transferred

writing
and be
not

of
to

transferor shall

executed
to its

Court
:

has

heard

their

objections (if any)

the of Court such
may notice at
on

such

execution

discretion transferor

provided tliat dispense with service

the

398
This (iii)

No.
section
in which

15

OF

1918.
unless
been

does the
and

not

apply

the

decree-holder
is the

in

one

of the debtor

suits

decrees each

have

made
same

judgmentin both

in the

other
sums

party fillsthe
the

character

suits,and (iv) The

and

the

due of
a

under decree
it
as

decrees

are

definite.
persons in relation to
more

holder

passed against several

a

jointly
a

severallymay passed against him

treat

cross-decree of
one or

decree

singly in favour

of such

persons.

Illustrations.

(a)
for the

holds

decree
of treat his

against
in
case

for
A

81,000.
to

holds
under

decree

against
at
a

payment
B A
a

81,000

fails

deliver

certain
this

goods

futiire

day. (6)
obtains

cannot

decree

as

cross-decree
a

section.

and
under

B,

decree

co-plaintiffs,obtain for 81,000 against

section.
decree
on

decree C
cannot

for

81,000
treat his

against C,
decree
as a

and
cross-

B.

decree

this
a

(c) A
obtains
decree
as

obtains
a

against
of B under

for

81,000.
A

decree
a

behalf

against

for

C, who 81,000.

is

trustee

for treat

B,
C's

cannot

cross-decree

this

section.

E are (d) A, B, C, D, and jointly and severally liable for $1,000 under a decree A obtains obtained for decree a by F. 8100 against F singly and in which Court to the the applies for execution joint-decree is being executed. his joint-decree as F may treat \mder this cross-decree a section.

Execution
case

in
cross

245.
a

Where under from

if the

application is
which two

made

to
are

Court
entitled

for the
to

execution
sums

of of

of

decree

claims
same

under decree.

parties
then

recover

money

each
two

other,
sums

(a)

are

equal,
;

satisfaction

for

both

shall

be

entered

upon
sums

the decree
are

(b) if

the

tAVo

unequal,
entitled

execution
to

may
sum

be

taken and
sum,

out
so

only by the party much only as remains

satisfaction decree.
Notice
cause

after smaller

larger deducting the smaller

sum

the

for

and the

for the

shall be entered

upon

to shew

246.

Where
more

an

applicationfor
one

execution

is made

why
should

decree
not

(a)

than

year

after the

date
a

of the

decree,
to

or

be executed.

(6) against the legalrepresentativeof

the is

party

the decree,
execution

Court

shall issue

notice

to the

to a applied period to be the be the decree should executed not Court, why by against him ; provided that no such notice shall be necessary in consequence than of more the date of the decree one year having elapsed between and the applicationfor execution if the applicationis made within from the date of any decree passed on one appeal from the year decree sought to be executed of the last order against the jaarty or execution is applied for,made on againstwhom tion any previous applicafor execution, in consequence of the or application being a against the legal representativeof the judgment-debtor if upon the Court previous applicationfor execution against the same person has ordered execution to issue against him. within

for, requiring him

person shew cause,

against whom

fixed

Explanation.

"

In

this
was

section

the

phrase
the
means

"the decree

Court" has other been

means

the
to

Court

by

which for

the

decree

passed,
which
case

unless it

sent

another

Court

execution,

in

such

Court.

CIVIL

PROCEDURE

CODE.

399
is issued

247.
last

(i) Where
of the

the

person
does not

to

whom

notice

under
cause

the

Procedure

after

preceding section
shall order such

satisfaction the Court

Court

why

does not or appear, should the decree

to be

sheAv
not

to the

be

executed,

the decree

executed.

(ii)Where
the

decree, the
as

offers any person consider shall Court fit.

objection
such

to

the

execution make

of such

objection and

order

it thinks

WARRANT

FOR

EXECUTION.

248.

(i) When
to the

the

preliminary measures
been

(if any) required by

shall, unless it

the
sees

warrant
"^""" ^"^'

for

foregoingprovisionshave
cause

taken, the Court

contrary, issue its warrant

warrant

for the execution the

of the decree.
it is

(ii)Such
and

shall be
the

dated and

day

on

which
to the

issued,
and officer

shall be
with

signed by
the seal

chief ministerial Court

officer of the Court proper

sealed

of the

delivered

to be executed.

In such (iii) shall be 249. and the the

reason

warrant

day

shall be

on specified

or

before

which

it

executed.
The
manner

proper

officer shall endorse

it not
was

on

the Avarrant
or, if it
was

the
not

day

on,

Endorsement
"" "^"*"
"

in, which

executed,
which

executed,
such

why

it

was

executed, and
from

shall return

it with

endorsement

to the

Court

it issued.

STAY

OF
a

EXECUTION.

250. under the

(i) The
this

Court of such
to

to which

decree

has

been
cause

sent

for execution

when

court

Chapter shall, upon

decree
to

sufficient

being shewn,
time,
to

stay
the

execution.

execution

for
the

reasonable Court

enable

judgment-debtor passed, or to any

the decree
or or

the decree was by which apply in respect of Court having appellatejurisdiction

the

execution

thereof, for
Court

an

order
or

to stay

execution,

for any
been

other made had made

the

order

to the relating

decree

have

by
been

such

of first instance if

execution had
been

issued

thereby, or

might appellateCourt if applicationfor execution

or

execution

which

thereto.

(ii)Where
under
the
an

property of the judgment-debtor has

which

been
may

seized order

execution, the Court

of such order.

issued
the

the execution
result

restitution

property pending
order
may

of the

application

for such

Before (iii)

making

an

to stay execution

or

tion for the restituor

of property the Court the such conditions upon, 251.

a

require

such

security from,
as

impose

judgment-debtor
under Section

it thinks 250

fit.

No

order

of restitution

of the

property of
in execution

Liabilityof

judgment-debtor
decree sent

shall prevent it from for execution.

being

retaken

d^btor-'s'

of the 252. such

decree
.

disc^harged to
be retaken. of Court

Any

order

of the Court
as

by
the

which

the decree
to the to which

was

passed, or
was

of

order

appellateCourt
.

aforesaid,in relation
upon

execution

of such
sent

^e'creeor^f^
appellate court to be binding
upon court to.

shall be binding

Court

the decree

for execution.

applied

400
stay
of

No.
Where of such
was as a

15

OF

1918.
Court

tion execu-

253.
decree

suit is

pending
on

in any

pending
suit between decree-holder and

Court,

the

part of the
on may, execution

decree

passed, the
it thinks

Court

person such terms

against the holder of a the against whom to security or as

decree
until

judgment-

debtor.

otherwise

fit,stay
decided.

of the

the

pending

suit

has

been

QUESTIONS
Questions
determined Court decree. to be

FOR

COURT

EXECUTING

DECREE.

254. the

byexecuting

Court

(i)The following questions shall be determined executing a decree and not by separate suit
amount

"

by order namely,

of

(a) questions regarding the

which the decree has the

of any

mesne

profitsas

to

directed
amount

enquiry
of made
any

;
mesne

(b) questions regarding

interest

profits or
in

which

the

decree of
a

has

payable
the
or

respect of
of
its

the

subject-matter
and the of three
years

suit, between
of the date

date the
;

institution

execution

decree,

tion expirasuit in

from

the

of the decree
the

(c) any

other

questions arisingbetween
the

partiesto

the

which

decree the
to

was

relatingto
decree
or

execution,

passed, or discharge, or
execution

their representatives, and satisfaction of the thereof.

to bar
a

the

stay of

Nothing in this section shall be (ii) for mesne profits accruing between the
the with execution of the decree.
a

deemed

separate
not

suit

institution such

of the first suit and

decree

therein, where

profitsare

dealt

by

such

Where (iii)

question
purposes decree

arises

as

to

who

is the

representative of
may

party

for the

of this section, the

until

Court

either

stay

execution

of the
or

the

separate suit section.

itself determine

question has been the question by an

EXECUTION.

determined order under

by

this

MODE

OF

Decree

against
for

representative
of deceased money to be of

255. (i)Where representativeof

of

a a

decree deceased of the

is

passed against
and
of the the

party

as

the

legal
payment be

person,

decree

is for the may

paid out
deceased's

executed

money by the
no

out

property
and

attachment such

sale of any
remains in

deceased, it such property.

the

property.

(ii)Where

property
fails to

possession
that

of

the

judgment-debtor and he applied such property of the deceased be his possession,the decree may
debtor,
failed had
Decree where so

satisfythe
as

is

executed in

Court he has duly into proved to have come against the judgment-

to to

the

extent

of the

property

respect of which
manner as

he

has

been

satisfythe Court, in the against him personally.

a as

same

if the

decree

256. become
by

Where liable

person
decree

has, before the passing of

decree
same

in
or

suit,

performance
guaranteed surety.

surety for the

may be

performance
executed

of the

of any
extent
as a

part thereof, the

to

against him,
same

to

the

which
may

he

has

rendered

himself

liable, in the
defendant.
as

manner

decree

be executed that
such

against a
notice
in

Provided thinks

writing
to the

the

Court

in each

case

sufticiont

has

been

given

surety.

CIVIL

PROCEDURE

CODE.

401
of money, alternative
and

257.
a

Every

decree
be

or

order
of

for the
money by the
manner

payment
as

including ocreefor
to
some

decree

for the

payment

the

mYn'ey"*^"*

other

relief, may

enforced
in

attachment hereinafter

sale

of the

judgment-debtor's property
258.
amount

provided.
the
the
Decree for
*^ "^

Where

decree
in

is for

mesne

of M'hich of the
under

money

is to

be

other matter or profits any subsequently determined, before

the
amount
as

^^g'i^n^au
amount

property
him

judgment-debtor
has been

may,

due in the

from
case

of

the decree

of

an

ordinary decree
Where does
a

ascertained, be attached for the payment of money.

is for the the
sum

rubsequ"enti
ascertained. Power to direct

259. decreed
may,

decree exceed

payment
of
one

of money thousand

and

the amount

not

dollars,the Court

execution^ot

when

passing the decree, on

immediate execution

the

oral

holder, order
directed

thereof

of the decreeapplication issue the of a warrant by

'^^^ne"^''^
exceediner

local limits of the 260. share the

the

againstthe judgment-debtor's movable of the Court. jurisdiction

a

property

within

the

doUars!"^*"*

(i) Where
in
a

movable, specific of the movable practicable,

party

to

whom

appoints

to receive

property of the

movable, or for any Decree for specific executed by the seizure, if movables. share and by the deliverythereof to or it has been he adjudged, or to such person as his the attachment of behalf, or by deliveryon judgment-debtor.
it may

decree

is for any

be

Where under attachment this section has remained in (ii) any force for six weeks, if the judgment-debtor has not obeyed the decree the and the decree-holder has applied to have attached property

sold, such
may

property

award
under

be sold, and out of the proceeds the Court may in cases where to the decree-holder has been any amount Section
206 such

fixed

amount,

and

in

other balance

cases

such to

and shall pay compensation as it thinks fit, the judgment-debtor on his application. Where (iii)
all costs
at

the

(ifany)
and
or

of end

the judgment-debtor has obeyed the which he is bound executing the same

decree
to pay,

paid
where
no

the

of

six

weeks

from

the

date

of

the

attachment
any
cease.

applicationto have the property sold has been made, or has been refused, the attachment shall applicationmade
281. for the
of

such

the party against whom (i) Where specificperformance of a contract

a or

decree for the

or

injunction

Decree

for

performance

specific

abstention from any particular act has been made has had an or imunction. opportunity of obejdng the decree or injunction and has Avilfully failed to obey it,the decree or injunction may be enforced by his in the civil prison or by the attachment detention of his property or by both. Where (ii) aforesaid
may be
or,

has
with the

the party againstwhom such a decree or been passed is a corporation, the decree

or

injunctionas injunction
tion corporain the civil
or

enforced
the

by

the attachment of the

or

of the

property of the
thereof

leave

Court, by the detention

officers principal

prison of
attachment

directors and
any

other

by

both

detention. attachment if the under this section has remained in

Where (iii) force for

or one

year, injunction and the

III"

judgment-debtor has not obeyed the decree decree-holder has applied to have the attached

26

402

No.

15
may

OF

1918. proceeds compensation as it the judgment-debtor

out

property sold, the property

the

be sold ; and
such to

of the

Court
his

may

award
may pay

to the

decree-holder

thinks
on

and fit,

the balance

(if any)

application.
the decree
which
or

the judgment-debtor has obeyed (iv)Where and paid all costs of executing the same to

tion injuncof the been

he
date

is bound has

pay, or attachment made and

where

at

the

end

of

one

year

from

the

no application to granted, the attachment

have

the

property
cease.

sold

shall

(v) Where

such Court

decree
in

or

injunction as
of
or

aforesaid
to

has all

not
or

been of done
some

obeyed,
the may

the

may,

lieu

in

addition

any

processes be done

aforesaid, direct that the act required to far as practicableby the decree-holder so

be
or

other be

person debtor, and recovered

appointed by
act
manner

the

Court,
done
as

at the

cost

of the

judgmentmay may

the upon in ascertained such

as

being
included

the

expenses may

incurred

the Court
in the

direct and
or

be

if

they
a

were

decree of
a

injunction.
or

for Decree of execution

262. the
of

(i)Where neglects or

decree
a

is for the

execution

document

for

endorsement

of

document,
endorsement

or

debtor
may with

and the judgmentnegotiable instrument refuses to obey the decree, the decree-holder

negotiable
instrument.

in accordance endorsement or prepare a draft of the document the terms of the decree and deliver the same to the Court.

the

Court The shall thereupon cause the draft to be served on (ii) hereinbefore judgment-debtor in manner provided for serving a summons, togetherwith a notice in writingrequiringhis objections in the thereto within such time, to be specified to be made (if any)

notice, as the Court

Where (iii) shall be shall make such
the

fixes in this behalf.

stated

tions judgment-debtor objects to the draft, his objecin writing within such time, and the Court order approving or altering the draft as it thinks fit.
shall deliver
to

(iv)The
draft with

decree-holder
such

the
is

Court
may

alterations

(if any)
if
a

as

the Court

of the copy have directed and

properly stamped upon the Court shall execute

(v) The
execution

paper

stamp
so

required by law,
endorsement
may

the
a

document

delivered. the
the

of
"

document,

or

of

negotiable instrument, by the Court under the following form : C. D., Registrar of A. B., in a suit by E. F., againstA. B.," or
Judicial have the Commissioners
same

this section Court of

in such

be in for
,

other

form

as

the shall the

to

may
as

from the

time

to time

and prescribe, document

or

effect of the the

execution

of the

endorsement
execute
Decree Immovable for or

negotiableinstrument
same.

by

the

party ordered

endorse
a

263. the

Where
it may

decree whom

be executed
to

property.

to

party
any

he appoints to receive

removing
the
Delivery
immovable of when of

person

delivery of any immovable perty, proby delivering possessionof the property it has been as adjudged, or to such person if his behalf, and, by on necessary, delivery bound by the decree who refuses to vacate
is for the
is

property.
Where in the
a

264.

decree occupancy

for
of
a

the
tenant

delivery
or

of

any

immovable entitled
to

property

property

other

person

In occupancy 'enant

CIVIL

PROCEDURE

CODE.

403

occupy occupancy,
a

the

same

and Court

not

the

shall

of the warrant copy and proclaiming to the

as

mode the

is

customary,
in

by the decree to relinquishsuch delivery to be made by affixing in some conspicuous place on the property occupant by beat of gong, or in such other of convenient at some place the substance
bound order the

decree

regard

to

property.
can

Provided

that

if the

occupant

be found, served
upon

notice

in

WTiting
in

containing such
case no

substance need

shall be be made.

him, and

such

proclamation

ATTACHMENT

OF

PROPERTY.

265.

(i) The
of
money,

in execution

goods,

and sale fjattf^h^en following property is liable to attachment a decree namely, lands, houses or other buildings,and sale in bank-notes, cheques, bills of exchange, promissory decree."""
"

notes, Government debts, shares in

securities, bonds
a

or

other

securities

for money,

corporation,and, except as hereinafter mentioned, all other saleable property, movable immovable, or belonging to of the the judgment-debtor or over which, or profits which, he has
a

disposing power
the
same

which be
in

he
in

may

exercise
name or on

for his of the

own

benefit, and
or

whether

held
trust

the

judgment-debtor
not

by

another Provided

person that
or

for him

his behalf. be liable to such

the sale
"

attachment

shall followingparticulars namely,

(a) the

necessary

bedding

of the

wearing apparel, cooking vessels, beds and judgment-debtor, his wife and children ;
is
an

the judgment-debtor (b) tools of artisans, and, where his of agriculturist, implements husbandry and such and in the opinion seed-grain or produce as may Court
as

cattle

of the

be
;

necessary

to

enable

him

to

earn

his livelihood

such

(c) houses

thereof

buildings(with the materials and the sites land immediately appurtenant thereto and their for enjoyment) belonging to an necessary a nd occupied by him ; agriculturist
and other and the of account
;
sue

(d) books
(e)
mere

rights to

for

damages
;

(/) any

right of personal service

and

(g) pensions, allowances,

civil ex-servants

gratuities,allowed
and

of Government,

to military and political pensions ;

(h) the salary of

(1) the

Administration whole

public officer or of any or Sanitary Board

of the

servant
to

of
extent

Railway
of does
not

the the
;

exceed

twenty
dollars dollars
;

dollars

salary, where monthly

where
not

salary

(2) twenty
twenty

monthly,
and does

the

exceed

salary exceeds forty dollars

case.

monthly
(3)
one

and of the

moiety

salary in

any

other

404
Provided Administration unless
or

No.
that
no or

15

or

1918.
or

salary of Sanitary
written

public officer
shall
be of the to such

servant

of in

Railway
State

Board
consent

attached Resident

and

until

the

any of such

State,

of the

been

Secretary to such produced in Court.

pay wages

Resident,
of and

attachment

shall have

(i) the (j) the (k) an

and

allowances

Malay

States

Guides
;

and

Police

of labourers

domestic

servants

expectancy

of succession

contingent or (/) a right to

(m) where
any

by survivorship or possibleright or interest ;

maintenance
is
;

other

merely

future

the

judgment-debtor
revenue,

of land law

any

liable for the paya person ment movable property which under from
sale

applicable to
of
The
an arrear

recovery
Explanation.
are
"

is exempt of such revenue.

in

him

for the

particulars
or

mentioned whether

clauses
or

exempt

from

attachment

sale

before

after

and (j) (g), (h), (i), they are actually

payable.

(ii)Nothing
and the other lands

in

this

section the

shall

be

deemed and the

to

exempt

houses

and buildings (with thereto and for their immediately appurtenant necessary sale in execution of decrees for or enjoyment) from attachment of any such house, building,site, or land. rent
sites

materials

thereof

Examination judgmentdebtor
as

of

266.

Where

decree

is to

for the
or

the Court

payment
for
an

of order

decree-holder

to his

may

apply

money, that

the

property.

(a) the

judgment-debtor,
case

(b)

in the

of

corporation, any
whether whether
or means

officer thereof,

or

(c) any
be the and the of

other

person
as

orally examined
what

to

any

or

what

debts

are

owing
has
;

to

judgment-debtor
other
may

and

the of

property
make
an

judgment-debtor satisfjdngthe decree

and
person

any

and

Court such

order
or or

for the officer

or

attendance other

examination

judgment-debtor production of any books

Attadiment movable of

and

for

the

documents.
to

267.
the made

Where

the

property

be

attached

is movable

property

in

property In possession of

judi^mentdehtor.

shall be possession of the judgment-debtor, the attachment by actual seizure, and the attaching officer shall keep the of his subordinates custody or in the custody of one property in his own and shall be responsible for the due custody thereof. Provided natural exceed that
or

where where

decay,

the property the expense

seized of

subject to speedy keeping it in custody

sell it at
once.

is

and
will

its value, the The Resident

proper

officer may State

to

Rules

for of under

268. Chief make

of

maintenance

Secretary, from
rules for the of live-stock
and in

time

with the approval of the may, time Gazette in the notification by and

property
attachment.

maintenance other such

custody,
under last this

while

under and
the

ment, attachofficer

movable

property,

attaching property the provisions of

accordance with such rules.

State the

section

withstandin shall, notact in

preceding section,

406

No.
such

15

OF

1918.
has

executing any dwelling-house, he may

person the door

process

duly gained
open,
reason or

access

to

any open such

unfasten, break
in

otherwise believe
any

property
Attachment of

of any to be.

room

which

he

has

to

273. Court
to

Where
or

the

property

to

be

attached

is in the

property in custody of
Court
or

public officer, the

Court
or or

attachment

shall

be

made

custody by a
be held

of any notice
any

public

such

officer requesting of the

such

that

such

officer.

property, and
may the notice

interest to

dividend orders

becoming payable thereon,

Court from which
is in the

subject
issues.

the

further

Provided
any

that, where
of title
or

question
any

a Court, custody property the decree-holder priority arisingbetween

of

and
to

other

be

interested
or

not ])eing the person, in such property by

attachment,

otherwise
that

shall

be

judgment-debtor, claiming virtue of any assignment, determined by such Court.

any

in the

in Provided, further, property which of the a Court, is in custody custody or

State,
the be
not

not

bemg
of

under

control

public officer in his official any unless and until the written consent
or

capacity
of the
to

shall

attached

Resident such

of such

State,
shall

of

the been

have
A-ttachment decree. of

Secretary produced
the

to in

such Court.

Resident,
to

attachment

274.

(i) Where

property

be

attached

is

decree

for the decree order

payment

sought
in

of money passed by the Court which shall be to be executed, the attachment

passed the made by an

decree
to be

of the Court

directingthe proceeds
of the
the

of the former

applied
for the shall which former
is
celled can-

satisfaction Where (ii)

latter decree.
to

property

be

attached

is

decree

payment
be

of money

made

by
the
to

notice

passed
Court

decree

passed by any in writing to such Court by the Court be to executed, requesting the sought
of its decree
it
was

other

Court, the attachment

stay the execution

the Court from

until

such The

notice

by
such
notice

which

sent.

Court and
to

receiving
until

shall stay execution Court which the

notice

(a) the (6) the

On

accordingly,unless passed the decree sought

;
or

be

executed

cancels holder

of the

decree

sought
notice

to to

be

executed
its
own

applies to
decree.
to execute

the

Court

receiving such

execute

the

receiving such applicationthe Court shall proceed and apply the proceeds in satisfaction of sought to be executed.
decree
In the (iii)
case

the

decree

of all other
the

decrees Court

the attachment which

the

shall decree

be made

by

to be

passed sought sought to be attached, in any way or prohibitinghim from transferring charging the same ; and, where such decree has been passed by any other Court, also by sending to such Court a notice in writing to abstain from executing the decree until such is cancelled notice sought to be attached by the Court from it was which sent. Every Court receiving such
a

notice

in

writing by
to the

executed,

holder

of the

decree

notice

shall

give effect
holder
Court of

to

the

same

until it is attached
same

so

cancelled.
this section shall

(iv) The

any

decree
the

under

give
may

to

the

executing
be

such

information

and

aid

as

reasonably

required.

CIVIL

PKOCEDURE

CODE.

407
decree

(v) On
executed order order
of to

the

application of
attachment under

the

holder

of

sought
notice of

to

be
an

bv the the

of another
this section

decree, the Court

shall

making

attachment

give

such

judgment-debtor bound by the decree attached ; and the attached of decree made no or adjustment payment by the of such order after receipt of judgment-debtor in contravention notice thereof, either through the Court or otherwise, shall be recognized remains in force. by any Court so long as the attachment
275.

(i) Where
shall from

the be

property
made

to

be

attached

is immovable,

the

Attachment immovable

of

attachment debtor all persons

by an order prohibiting the judgmentor transferring charging the property in any way and from taking any benefit from such transfer or charge.
order shall be affixed
on a

property.

(ii)The
and
on a

conspicuous part
is

of the property

conspicuous part
the

of the Court-house.
is land

Where (iii)

property

which
the

subjectto

"

The

tion Registra68

of Titles Enactment, that Enactment

the

1911,"

requirements
with.
revenue on

of Section

of

shall also be

compUed
also be

(iv) Where
a

property
order

is land shall

paying
the

to

the

ment, Governof

copy

of the

served land

the

Collector

Land 276.

Revenue Where

for the

district in which

is situate.
withdrawal oi

(a) the
are
,

amount

decreed

and

the
the

costs

and

all

charges

and

on

satisfaction

expenses

resultingfrom
into Court, of the
or

attachment

of any

property
the

decreT^*^"^

paid
or

(6) satisfaction
Court

decree

is

otherwise
or

made

through

certified to the Court,

is set aside
or

(c) the decree

the attachment of immovable
so

reversed,
to

shall

be

deemed
the
at

be withdrawn, and

and,
of the
the

in the

case

property,

Avithdrawal
his expense
manner

shall, if the judgment-debtor

a

desires, be proclaimed

copy

shall be aifixed in the section. 277. notes,

to

by prescribed
is current

last

proclamation preceding
currency of the
Court direct

Where the

the

property
at

attached

coin

or

Court

may,

attachment,
decree 278.
or

direct that

time any such coin or

during
notes,
to
or

the
a

continuance

may coin

or

satisfythe decree,
to receive
an

be
same.

paid

over

part thereof sufficient the the party entitled under made,

of any

currency attached entitled.

notes

to be

paid to party

the

Where

attachment

has
attached

been
or

delivery of
payment

the

property
to such

private transfer any interest therein, and

Private alienation of after

property
attachment

any

to the

judgment-debtor
attachment,
the under

moneys

contrary
enforceable

of any debt, dividend, or other shall be void as against all

to be void.

claims

atttachment.

mVESTIGATION

OF

CLAIMS

AND

OBJECTIONS.

279.
to the
on

(i) Where
attachment

any

claim

is

preferredto, or

any

objectionis
of
a

made

of, any
that

the

ground
shall

such
to

property attached in execution property is not liable to such investigate the claim
of the
a or

decree,

investis^ation claims to, and

of

attachment,

obi"tious to "^' **^^"|J"^'^*

property.

the like

Court

proceed

and

as regards the examination power in all other respects,as if he was

objection with the claimant or objector,

to the suit.

party

408
Provided considers that
no

No.
such

15

OF

1918.

that the claim

or

shall be made where the Court investigation was objection designedlyor unnecessarily

delayed.
(ii)Where
been

advertised the

the property to which for sale, the Court

the claim

or

ordering the
or

objection applieshas sale may postpone it

evidence
interest

pending
Evidence adduced claimant. to be

of investigation claimant
date
or

the claim
must he

objection.
adduce
to

280.
that

The

objector
attachment

shew
or was

by

at the

of the

had

some

in,

possessed of, the property

Release of from

attached.

281.
for the when person person

Where
reason

property
attachment.

the Court is satisfied that, the said investigation upon such property was stated in the claim or objection, not, in the

attached,
in trust

possessionof
or

the

judgment-debtor
of
in the
a

or

of
or

some

for him,
to

in
or

the

occupancy

tenant

other

paying rent judgment- debtor at

own

him,
time

that
it
was

being
so

such
own

in his
on own

possessionof possessionnot on
of
or

the his
for
on

account other

or

as

his

property

but his

account account shall

an

in trust

some

person,
some

or

partly
person,

on

and
an

partly
order

account

of

other

the
or

Court

releasingthe property, wholly

from
Disallowance claim to of

to such

pass extent as

for

it thinks

fit,

attachment.
Where it
own was

282.
when

the

Court

is satisfied that in the

attached,

property
attached.

the property was, at the time possessionof the judgment-debtor as of any

in other person,
or or was

his the

property and
some

not

on

account

in

possession of
of
a

other
or

person

trust

for

him,

in

the

occupancy

tenant the

other

person

paying
the

rent

to him, the

Court

shall disallow
Continuance attachment of

claim.
is satisfied that

283.

Where

the Court
or

property is subjectto
person it may not in
so,

subject
claim

to

mortgage,
and such
thinks

charge,

lien in favour the

of

some

of

fit to continue

attachment,

do

possession subject to

incumbrancer.

mortgage, charge, or lien.

The

Saving
right
to

of suits

284.

party againstwhom
may institute in
a

an

order

under
the the

Section

281, 282,

or

to establish attached

283 is made
to the any,

suit to establish

rightwhich
result

he claims

property
Where
in

dispute,but, subject to
not in the

of such

suit, if

property.

the order

shall be conclusive.

Property
attached execution decrees several of Courts. in of

285.

property
execution

custody
of
more

attachment

of decrees
or

of any Courts

Court
than

is under
one,

the

Court

which

shall receive

realize

such

property and

shall determine
shall

claim thereto thereof and any objectionto the attachment any there is no difference in be the Court of highestgrade, or, where between
was

grade

such

Courts, the Court

under

whose

decree

the

property

first attached.
SALE GENERALLY.

Power attached sold

to order to be to be

286. attached

property
and

Any by

Court
it and

executing a

decree
such

may

order

that

any
as

property
may
seem

liable to sale,or

portion thereof

proceeds

paid

to person entitled.

that the proceeds the decree, shall be sold and to satisfy necessary of such sale, or a sufficient portion thereof, shall be paid to the party

entitled 287. licensed

under

the decree

to receive

the

same.

Sales, by whom
conducted how made. and

Sales in execution
auctioneer
or

of decrees

shall

usually be
as

conducted Court may

by

such

other

person

the

by a by

CIVIL

PROCEDURP]

CODE.

409
in Section

specialorder appoint, and, except be made by public auction in manner

288.
auction

as

provided
ordered
to

297, shall

hereinafter

mentioned.
be

(i) Where
in execution

any

property
a

is

sold
a

of

decree, the Court

in

shall

cause

of by public Proclamation auction.^" proclamation

of the intended

sale to be made

English,Mala3\ Chinese,

and

Tamil. sale and

(ii)Such
shall

proclamation shall state the time and and accuratelyas possible specifyas fairly
the

place of

(a)

property
revenue

to

be

sold ; upon
to

the {!))

assessed
the

the be

estate is
an

or

part of the estate,

in
an

where
or a

property
of
an

sold

interest to the

estate
;

part

estate

pajdng

revenue

Government

(c) any
the {(l)

incumbrance
amount

to which

the property is liable ; of which the

sale is ordered
;

for the

recovery

and

(c) every other thing which in purchaser to know

value
For (iii)

the

Court
to

considers

material nature

for and

order

judge
matters

of the

of the property. of the ascertaining

any
so

the purpose
may
summon

to

be

specified,
to and

the

Court

person

whom

it thinks

examine him in respect of any such and may summon in his possession or require him to produce any document relatingthereto.

necessary matters

power

(iv) The
exercise

Judicial make

Commissioners,
rules

with

the

approval
of the
such the All

of the

Chief
in the

Secretary, may published in

289.
error,

for the

guidance

Courts

of their duties

under

this section.

rules shall be force of law. for any

of indemnity ^^" "^'^'^"^^'

the Gazette and

or

shall

thereupon
in any

have

No

Judge
the
same

other
or

public officer
been

shall be

answerable

misstatement,

omission

288, unless
290.

has

committed

proclamation under Section made or dishonestly.

a conspicuous (i) The proclamation shall be affixed on part of the property, and a copy thereof shall then be affixed on a of land paying and, in the case conspicuous part of the Court-house office also on to the Government, a conspicuous part of the revenue

Mode

of

proclamation.

of the

Collector

of Land

Revenue

for the

district

in which

the land

is situate.

(ii)Where
such

the

Court
Gazette

so

directs, such
in
some

proclamation
and

shal' also be
the costs

published in the
291.

and

publicationshall be deemed Except

in the
case no

local newspaper, to be costs of the kind

of

sale.
mentioned in the
Time of sale.

of property of the
sale under this

without the Chapter shall,I proviso in writing of the judgment-debtor, take place until after the consent property, expirationof at least thirtydays in the case of immovable of movable fifteen of at least and property, days in the case of the proclamation the copy which from the date calculated on of the Judge ordering the sale. has been affixed on the Court-house to Section

267,

292.
this any

(i) The
to

Court
a

may

in its discretion and

adjourn
the the

any

sale

under

Power

to

Chapter
such

day specified

hour, and

person

conducting

sale may

in his discretion

adjourn

sale, recording his

410
reasons

No.
for such the

15

OF

1918.

in, or within
shall be made

adjournment. Provided that where the sale is made precinctsof, the Court-house, no such adjournment
the

without
a seven

leave

of the

Court.

(ii)Where

sale is

period than
be

made, unless

adjourned under this section for a longer days, a fresh proclamation under Section 288 shall the judgment-debtor consents it. to waive
be

(iii) Every sale shall

the the debt and person that the amount which 293. ordered

down, stopped if,before the lot is knocked the costs of the sale) are tendered to costs (including conducting the sale, or proof is given to his satisfaction
of such the sale. debt and
costs

has been

paid into

the Court

Defaulting purchaser
answerable loss for

by

re-sale.

of pricewhich happen on a re-sale under Any deficiency may of the purchaser's default, and all expenses by reason be the shall certified such Court to re-sale, by the person attending and the of decree-holder sale either the the at instance shall, holding be recoverable from the the or judgment-debtor, defaulting purchaser under the provisionsof this Chapter relating to the execution this Code of
a

decree

for the payment holder of the

a

of money. decree in execution of which

Decree-holder not to bid for

or

294. sold

(i)No
the

property

is
or

shall, without

buy

property

express

permission

of the

Court, bid for

without

purchase

property.

permission.

decree-holder a purchases with such permission, the (ii)Where due on the decree subjectto may, purchase-money and the amount the provisionsof Section 296 be set-off against one another, and the Court executing the decree shall enter up satisfaction of the decree in part accordingly. in whole or

purchases, by himself or through permission,the Court may, if it thinks person, of the the on fit, application judgment-debtor or any other person interests affected whose are by the sale,by order set aside the sale ; and the costs of such applicationand order, and any deficiencyof and all expenses pricewhich may happen on the re-sale, attendingit, shall be paid by the decree-holder.
a

Where (iii)

decree-holder such

another

without

Persons concerned execution not in

sales
or

295.
any

No person sale under this

to bid for

buy
Bold.

property

acquire,or
such sale.

with having any duty to perform in connection bid for, or Chapter shall either directly indirectly attempt to acquire any interest in any property sold at

Proceeds execution sale to be distributed

of

296. of
a

(i) Where
and
more

assets

are

realized

by

sale

or

other\vise

in execution

decree

applied to
decrees debtor

the Court the

have the

than one have, priorto the realization, persons such held for execution assets are of by which obtained

rateably

among decree-holders.

for and

payment
not

deducting
among

costs

assets, after of the realization,shall be distributed rateably

of money against the same satisfaction thereof, the

judgment-

all such
as

persons.

Provided

follows

(a) where
the

property is sold subject to any shall mortgagee or incumbrancer

in any

mortgage
as

or

charge,

not

such sale j

be entitled

to share

surplus arisingfrom

such

CIVIL

PROCEDURE

CODE.

411

(6) where

property liable to be sold in execution of a decree with is subject to a mortgage or charge, the Court may, order that the consent of the mortgagee or incumbrancer, the property be sold free from the mortgage or charge, the same right giving to the mortgagee or incumbrancer against the proceeds of the sale as he had against the property sold ;
any any

(c) where
decree

immovable

property
the

is sold

in

execution

of

ordering its sale for thereon, the proceeds of

sale

discharge of an incumbrance shall be applied

of the sale ; and

in defraying the expenses first,

secondly,in dischargingthe
due
on

interest
;

principal money principalmoney

the

incumbrance

in discharging the interest thirdly, due on subsequent incumbrances

and

(ifany)
the

and for the

fourthly,rateably among
payment
who
of money the

the

holders

of decrees

against
the for sale which Court

judgment-debtor
said of
such

have,
to

prior to
sale

of the

property,
decree decrees

applied ordering
and have
any
are so

passed

the

such not

execution

obtained
assets to
a

satisfaction

thereof.

(ii)Where
under
same,

all

or

of the

liable to be
not

rateably distributed
to receive the to to

this

section person assets.

paid

person
sue

entitled person

any refund the

entitled

may

such

compel

him

(iii) Nothing
or

in this section any persons

the

rights of

under

affects any Part

right of
V of
"

the

Government Labour

The

Code,

1912."
SALE OF MOVABLE PROPERTY.

297.
a

Where
in
a

the property to be sold is

share

to
or

corporation,the Court may, be made by public auction, authorize share through a broker.
(i) Where
each movable be
lot shall the

instead

negotiable instrument of directing the

or

Negotiable

sale

anTsiiares^L
corporations.

the sale of such

instrument

298.

property is sold by public auction, the

Payment

for

price of
the

paid
be

at

the time

of sale
in

or

as

soon

after

as

^roperty sold
by
auction.

person

holding
payment
a

sale directs, and re-sold.

default

of payment

the

property (ii)On

shall forthwith

sale shall grant absolute. 299. movable

any

of the purchase-money, and receipt for the same,

the the

person

holding

the

sale shall become

No

irregularityin
shall
reason

publishing
the

or

conducting
any person

the

sale

of

irregularitynot

property
may

vitiate

sale ; but

sustaining bu^^^i^**' ers^'

^"""

injury by

person other

institute is for the

person property and

other of any at the hand injuredmay irregularity him for a against compensation, or (ifsuch of the specific purchaser) for the recovery

of such
suit

compensation
the

in default

of such

recovery.
or

300.
other

(i) Where
movable

property sold is a negotiable instrument actual has been seizure made, property, of which
to the

Delivery

of

it

!^r"perty, debt
and shares.

shall be delivered

purchaser.

412
Where (ii) of
some

No.

15

OF

1918. property
the
in the

the property sold is movable

other than the

possession

deliverythereof judgment-debtdr, notice the person be made in shall to the to by giving purchaser of the from him delivering possession property possessionprohibiting to any person except the purcha.ser. the property sold is a debt not secured Where by a negotiable (iii) instrument, or is a share in a corporation,the delivery thereof shall be made by a Avritten order of the Court prohibiting the creditor and the debtor from from receivingthe debt or any interest thereon thereof to any except the purchaser, or making payment person be standing in whose the share may name prohibiting the person from except the making any transfer of the share to any person purchaser or receivingpayment of any dividend or interest thereon, and the manager, secretary, or other proper officer of the corporation to from permitting any such transfer or making any such payment the purchaser. except any person
person
Where document endorsement
a or

301.
is
to

(i)Where
is

the

execution
name a

of

document

or

the
or

endorsement
a

of the party in whose

required

effect transfer.

corporation
instrument
or

standing
as

is

negotiable instrument required to transfer

may execute such necessary,

share

in

such

negotiable
or

share, the Court

may

document such

make
or

such

endorsement

be
same

and
an

execution
or

endorsement

shall have

the

effect

as

execution

ment endorse-

by
form
"

the party.
execution
or

Such (ii)
:
"

endorsement

may

be

in

the

following

the case Judge may A. B." in suit F. E. by against be), a Until the transfer of such negotiableinstrument or share, the (iii) interest to receive Court by order, appoint some any person may, and to sign a receiptfor the same due thereon dividend or ; and any receiptso signed shall be as valid and effectual for all purposes as if the same had been signed by the party. A.

B., by

C. D.,

of the Court

of {or as

Vesting
in
case

order of other

302.

In

the

case

of

any

movable make
an

property
order such

not

hereinbefore

property.

provided for, the Court may in the purchaser or as he may accordingly.

SALE OF

vesting such

direct ; and

property property shall vest

IMMOVABLE

PROPERTY.

Wliat

Court sales of

303.

(i) Sales of immovable

property in
Court

execution

of decrees

may

order may of land in execution decrees.

be ordered Where (ii) Court

is
a

by

the

the
tenant

only. Supreme judgment-debtor under

of immovable
he

any

decree

of

Lower

Civil
to such

property, anything
before the termination

attached

property
purpose

which of the
and

might
the

of

lawfully remove
property
he has

with
execution may, to

permission
of such
in

of his landlord
be

his tenancy shall, for the be movable

decree,

deemed
be

to

if sold

such

execution,

severed

by

the

purchaser, but
done have
Postponement
of

shall not the

to do
an

be removed
to it if he

by
had

him

property whatever

the

the property until judgment-debtor would from such

been

bound

removed

thing.
property has
that there
be is

304.

(i)Whore
if the
to

order the

for the

sale of immovable
can

e-.aieof land

ti) enable

b-K-ii made,
reason

judgmout-dt^btor
that
amount

the satisfy decree

or

Court may
some

jiid'-rnicnt(lebtor
amount to

believe lease
or

of the

raised

raise

by

of

charge or

private sale

of such

property,

part thereof,

decree.

414
Application
set

No.
The

15
such

OF

1918.
of
a

to
on

311.

purchaser
the Court
to

at any
set

sale in execution the sale

on

decree that

aside

sale

ground having

of judgno

to api^lj^ ment-debtor judgment-debtor able sale-

aside

the

ground

may the

had
no

no

saleable

interest

in the

property sold.
or

interest. EfEect of

tion objecand

312. Section Court

(i) Where
311
or

being
disallowed of its being allowed.

where
an

shall make

is made under Section 310 api^lication and disallowed, applicationis made order confirming the sale, and thereupon such

the the

sale shall become Where (ii)

make
an

absolute.

such

order

applicationis made settingaside the sale :

no

and

allowed, the Court

unless notice of

shall

Provided

that

order

shall
to

be

made

the

applicationhas

been

given

all persons made such

affected under order

thereby.
shall be
is made. is set

No suit to set aside an order (iii) brought by any person against whom
If sale set aside, price to be returned to

this section

313. Section

(i)Where
312, the

sale of immovable

property

aside

under for
as payment re-

purchaser.

Court

may

purchaser shall be entitled to an of his purchase-money (with or without it has direct) against any person to whom
re-payment
allowed of the said

order
interest

the

been

paid.
of the

The (ii) interest

purchase-money

and

(if any)

person under the of a decree for the payment

Certificate to of

be enforced by the Court may of this to Chapter relating provisions

against such
the execution

of money.

314. Court

Where

sale of immovable
a

purchaser
immovable

property.

shall grant of the person who Such absolute

certificate
at the time

property has become statingthe property sold

of sale is declared the the

absolute, the
and

the

name

to be the

purchaser.
became

certificate shall bear

;

date

and,

so

far

as

regard
them,

claiming through or under vest in the purchaser from

Provided that the decree date.
shall

persons the title to the property sold shall the date of such certificate and not before. under which the sale took

day on which partiesto the

the
suit

sale

and

place was

still

subsistingat that
Bar to suit

315.

(i)No
on

suit

be that

maintained the of

against chaser purbuying

on

the

ground
or on

behalf

of

others.

any

other

person,

behalf

against the certified purchaser of behalf made on purchase was such other whom some one through
a

person

claims.
in this section

Nothing (ii)
that the
name

shall bar

suit to obtain

declaration

of the certified without the

purchaser was
of the

inserted real

in the certificate

fraudulently or
Delivery
property
occupancy of in of

the consent

purchaser.
of

316. the

Where

immovable

property sold

is in the

judgmentdebtor.

person

some on judgment-debtor or of some person title created a by the judgment-debtor claiming under of such property, and a certificate in subsequently to the attachment respect thereof has been granted under Section 314, the Court shall, the applicationof the purchaser, order delivery to be made by on he may appoint to receive putting the purchaser or any person whom sary, deliveryon his behalf into possessionof the property, and, if necesby removing any person who refuses to vacate the same.

occupancy his behalf, or of

Delivery
property
occupancy tenant.

of in of a

317. Where
tenant
or

the

immovable
entitled

property sold
to occupy

is in the

other

person

in respect thereof

has

been

granted

under

the same, Section

of occupancy and a certificate

314, the

Court

CIVIL

PROCEDURE

CODE.

415

shall, on
made

of application of a copy by affixing

the in

the

the

place on
gong,
or

property, and
such

purchaser,order delivery thereof to be the certificate of sale in some conspicuous proclaiming to the occupant by beat of
as

other

mode of the

is

customary,

at has

some

convenient transferred

place,that the interest to the purchaser.

RESISTANCE TO DELIVERY

judgment-debtor

been

OF

POSSESSION

TO

DECREE-HOLDER

OR

PURCHASER.

318.

(i) Where
oi a

the
or

holder the
is

of

decree of any

for

the

possession
any person

of
Resistance obstruction
or

immovable
execution

property
decree

purchaser
or

such make

property

sold in
in

to

resisted

obstructed

by
an

Immovable
property-

obtainingpossessionof the Court complaining

(ii)The
shall appear
summon

the property, he may of such resistance or

a

applicationto
and
to

obstruction.

Court the
answer

shall fix

day

for

party against whom

the
same.

investigatingthe matter the applicationis made

the resistance

and

319.
was or

Where

the Court without

is satisfied that
any

or

obstruction

Resistance obstruction debtor.

or

occasioned

iust

cause

by

the

iudgment-debtor

by

the it shall direct that other person at his instigation, by some the applicant be put into possession of the property, and where the in obtaining possession, applicant is still resisted or obstructed Court may also, at the instance of the applicant and without dice prejuto any penalty to which such judgment-debtor or other person
may

be liable under
or

the Penal

Code the

or

any

other

law

for such
or

ance resist-

obstruction, order
be detained

that

person

in the civil

judgment-debtor prison for a term which

the resistance
than

such

other
to
.

may

extend

thirty days.
320.
was

Where

the Court

is satisfied that

or

obstruction

Resistance obstruction bond

or

occasioned

by

claiming in
account
or

good
on

any person, faith to be in possessionof the

other

the

judgment-debtor,
on

by

fide

property
than

his

own

claimant.

account

of

some an

person

other

the

debtor, the

Court

shall make

order

dismissing the

judgmentapplication.
Complaint by
person

321. (i) Where than the judgment-debtor is other any person of immovable dispossessed property by the holder of a decree for the possessionof such property or, where such property has been sold in execution of a decree, by the purchaser thereof, he may make an the Court to of such application dispossession. complaining

sessed disposby

decree-holder
or

purchaser.

(ii)The
shall
appear
summon

Court the
answer

shall fix
person

day for investigatingthe matter the applicationis made against whom

a

and
to

and

the the

same.

322.

Where

Court

is satisfied
on

that

the
or on

applicant
account

was

in
some

Bond

fide
^^

possession of the property

person other

his

own

account

of
that

^estort'uo"
possession.

than

the

judgment-debtor,
320 Section of
to
a

it shall

direct

the

applicant be put
323.
ance or

into possession of the

in Section to
or

property.
322

Nothing

shall

obstruction

the

execution

decree the

for the

of immovable has transferred the decree

was

property by a person the property after the

whom

apply to resist- Property transf p^Hd^ire possession j-^jed judgment-debtor

suit in which person. such

institution

of the

passed

or

to the

of any dispossession

416
Orders

No.

15
a

OF

1918.
an

324. order

Any
is made
a

person

not

being
the

judgment-debtor against whom

320,
or

conclusive, subject to

under

Section

319, Section

Section
to the

322

may

regular

suit.

institute

suit to establish

right which

he claims

possessionof
any, the

the property ; but, subject to the result of such order shall be conclusive.

present suit,if

EXAMINATION

AND

IMPRISONMENT

OF

JUDGMENT-DEBTORS.

Court order debtor

325.
mav

arrest for

of

or

in

judgmentexamination.

for the payment of money a decree (i) Where part unsatisfied (whether execution has issued order that the

remains
or

wholly
before

not), the Court

may the

judgment-debtor
as

be arrested

and

brought
as

Court

at such

time

it may

order

for examination that there

is
reason

hereinafter
to believe, otherwise,

to the Court provided, if it appears his conduct the to or having regard

state

of his affairs

or

(a) that
anj^

he

is

to lil^ely

leave
a

the of

Federated

Malay

States of

or

of them
or

money,
or

of

avoiding payment in respect of his affairs, avoiding examination otherwise avoiding, delaying, or embarrassing the
of
;
or

with

view

such

decree-holder

(6) that
(c) that
or

he

has
or

fraudulently made
concealed,
or

or

suffered
;
or

any

grant of, or
contracted
or

removed the

any

property

debt

incurred

by

him

in question was liability of,fraud or by, or by reason

false pretence ;

{d) that
The (ii)

forbearance

in

respect thereof
at any

was

obtained

by

fraud

or

false pretence.

judgment-debtor
said
as

may

time

apply

to the

Court

to

rescind

the

order, and,
the

upon

security furnished
debtor directs.
Summons instead arrest. of

Court

or being made payment shall thinl^;reasonable, the judgment-

such

shall be

discharged out

of

custody
of

unless

the

Court

otherwise

326. under
summon

Any decree-holder, instead

Section the

325,

may

without
a

appl3dng for an order of application to the any

in the

arrest

Court

judgment-debtor by
schedule, No

summons

form before

contained the Court

in the third

152, to be orallyexamined
claims

the to pay or satisfy respectinghis ability Provided that the issuing of such summons from applying to the Court decree-holder

of the decree-holder.

shall not for

an

prevent

the

order

of arrest

under

Section
Proceedings
on

325.

327. Court
as

(i)On

the

appearance.

in obedience may

of the appearance to such summons be examined

on

judgment-debtor
or

before

the

under

such

order

of arrest

by or on behalf of the decree-holder and by the Court respecting his abilityto pay the for the directed be paid and to discovery of property money he may applicableto such payment and as to the disposal which
aforesaid, he
oath
have

made

of

any

property
328

or

otherwise

as

to any

of the

matters

mentioned The (ii) he may

in Section

(i).
persons whom

decree-holder

consider

witnesses summon as any may to be able to afford information likely

abilityto judgment-debtor's respecting his property.

pay

the

money

directed

respectingthe to be paid or

CIVIL

PROCEDUKE

CODE.

417
to

The (iii)

judgment-debtor
documents
in

shall his

be

bound

papers,

and

possession or

produce all books, relating to power

not, the
decree-

property applicableto such payment.

(iv) Whether
holder
matters

the

judgment-debtor
may he the

and

other witnesses order

ex

aforesaid, and
may that

appear,

respectingthe Court, if the judgment-debtor does not be arrested or may an proceed to make

appears be examined on

or

oath

order

againsthim
Court

'parte.

from time to time adjourn the examination and may require from the judgment-debtor such security for his think fit, and in at the adjourned hearing as it may appearance order that he be detained in default of his finding security may if in he is until the or custody adjourned hearing may custody discharge him therefrom.

(v) The

may

such investigation as aforesaid, make of applicableor protection property any any available, or supposed to be applicableor available, in discharge of the decree, as it shall think expedient.

(vi) The

Court

may,

upon

interim

order

for the

(vii)At
in to

the judgment-debtor, if still investigation unless he be committed therefrom, discharged custody, the civil prison as hereinafter provided. the

close of the

shall be

by warrant investigation the Court may term for the not civil to a commit prison judgment-debtor six and the be if the Court Court, Supreme exceeding six months
328.

(i) Upon
the

such

Commitment "p"-^"-

weeks
sum

if the

Court

be

an

inferior Court
since pay

Court,

or

until payment

of the

due, if it appears

to the

(a) that
him has the

he

then

has,
means

or

the
the

date

of the
refuses the
same

decree
to
or

has

had,

sufficient
or

to

part thereof
or

and

money he that

directed

refused
decree
;

neglected, to
to

pay

paid by neglects,or according to

of them, transfer of
any

be

or

(6) that,
he any

with
has

intent

defraud
any

his

creditors

or

any

made

or

suffered
or

or gift, delivery, or

property, property ; or

changed, removed,

concealed

(c) that
or

the

debt

incurred breach

by

him

of

in question was liability of, fraud reason or by, by trust committed by him ; or
or

contracted
or

or

false pretence

that (fZ)

forbearance
;
or or

thereof

was

obtained

by

fraud

or

false

pretence (e) that by

the

incurred contracted or was wilfully liability time able \vithout his having had at the same a reasonhim expectation of being able to pay or discharge it. debt

order any debt to be the Court may (ii)Upon such investigation of default that and order also instalments upon may paid by committed be shall the instalment of judgment-debtor payment any if the Court not exceeding six months to the civil prison for a term
be the

Court
m"

Supreme Court, provided that ;

27

and
no

six

weeks

if the

Court shall

be

an

inferior

judgment-debtor

be

imprisoned

418
because

No.
of default
been

15

OF

1918.
any such

shall have order

Imprisonment
not
as

of payment brought before should

under

of the not

instalment
cause

unless

he

Court
be

to shew out.

why

such

of No

imprisonment

carried 328
or

329.

to operate satisfaction.

satisfaction

action,
as

or

imprisonment or extinguishment deprive any person

property
of the

Section of any of any

debt

shall demand
take in the

operate
or cause

as

of

against the
if such 330.
Discharge custody on
satisfaction debt. from of

imprisonment

person had not

right to imprisoned taken place.

out
same

execution
manner

Any person imprisoned under Section 328 shall be discharged and from certificate, signed by the decree-holder a custody upon attested by the Registrar of the Court, a Magistrate, or a soUcitor, that such in respect of has fully paid the debt and costs person which he was have otherwise been imprisoned, or that the same
satisfied.
his debt and costs being satisfied 331. Every decree-holder upon shall, if the judgment-debtor is imprisoned, by pajonent or otherwise forthwith lodge with the Superintendent of the prison in which he is confined certificate of satisfaction signed and attested as aforesaid a in the default whereof or on judgment-debtor ; any person his behalf may apply to the Court for an order for his discharge ; and notice the Court, upon and being given to the decree-holder on proof that the debt has been satisfied, shall order the discharge of the judgment-debtor and award not sum exceeding may any the the judgmentdollars be decree-holder to to twenty-five paid by debtor as compensation for the default made by the decree-holder of certificate satisfaction aforesaid. such not as by lodging

Certificate satisfaction.

of

Judicial

Com-

missioners
may

sistence prescribe subscales for

judgmant-

debtors.

approval of the Secretary,may prescribescales,graduated according to rank, race, and nationahty, of monthly allowances of judgment-debtors. payable for the subsistence
Commissioners,
time to time

332.

(i) The

Judicial

with

the

Chief

from

(ii)No
under
the the

judgment-debtor shall be provisions of Section 325

pays fixed, the
into

arrested
or

or

detained 328
as,

in

custody
until to

Section
sum

unless

and

decree-holder scales

Court

such

having regard
subsistence
can

the

of the before
may

so Judge judgment-debtor from his arrest the Court or during the period of

thinks

sufficient until his

for the
he

be
as

brought
the
case

detention,
the shall
be

be. Where (iii)

to judgment-debtor is committed of Section the Court 328, provisions such he may as monthly allowance
a no

civil

prison
his
to

under'

the

fix for entitled

have

subsistence

according to the said scales, or, where prescribed,as it considers sufficient with which he belongs.

such reference

scales
to

been

the

class to

fixed by the Court shall be supplied (iv) The monthly allowance the has been made by party on whose applicationthe commitment before the first day of each month. by monthly payments in advance

(v) The
Court before the

first payment

shall be made
current

to month

the

portion of the judgment-debtor subsequent payments (ifany) of the prison.

for such

officer of the proper remains as unexpired the

is

received

at
to

prison,

and

the

shall be made

the officer in

charge

CIVIL

PROCEDURE

CODE.

419
subsistence
to be

(vi) Sums
the
in the suit
;

disbursed debtor

by
in the

the

decree-holder

for the

of

judgment-

civil

prison

shall

be deemed

costs

Provided civil

that

the

judgment-debtor
on

shall
sum

not
so

be

detained

in the

prison or

arrested

account

of any

disbursed.

Chapter INSOLVENT 333.

,"

XXIII.

JUDGMENT-DEBTORS.
whose of
Till

(i)Any
oi

judgment-debtor against
has
may been

property
a

an

order
payi-'of

power

to

apply

of attachment
ment

made
,.

in execution
..

decree
an

for the

fo/.deciaration
insolvency.

money

apply
a

writmg

to

be

declared

msolvent.

(ii)Any
in

holder

of

decree

writing that
(iii) Every
334.

the

judgment-

for the pa3^ment of money debtor may be declared

be

an

apply may insolvent

Court.
contents of

such

applicationshall

made

to the

Supreme

(i) The

application,when
order and made
;

made

by

the

judgment-debtor,

shall set forth

application.

(a) that
made
was

an

for the the Court

attachment

by

which

the

of his property has been order of attachment

(b) the amount,

value

nature, and
such

of any
or

of his property, particulars not property consistingof money such

and
;

the

(c) the

place

places in which
put

property

is to

be found
;

(d)

his

to willingness amount
;
names

it at the

disposal of the pecuniary

creditors,

Court claims

(e) the (/) the

are

and

particularsof all
residences
or can

against
as

him

and and to

of his

so

far

they

known

be

ascertained

by
of the

him. of
a

when made (ii)The application, of shall set forth payment money,

by
the

the holder date

decree

for the

by
the

which

it

was

place where
The
manner

passed, the amount the judgment-debtor

be

decree, the Court remaining due thereunder, and

resides.

335.
in

applicationshall
hereinbefore

the

signed and verified by the applicant signing and "^ prescribed for signing and verifying amplication
a

plaints.
336.
and and
at

(i) The
cause

Court
a

shall

fix

day

for

hearing

the

application

service

of copy

shall

the

place at which applicant'sexpense.

the of the decree
was on

thereof, with a notice in writing of the time copy it will be heard, to be posted in Court and served

an^^jfotfc^*'

(a) where

applicant is
or on

the

judgment-debtor
of which the

"

on

the

holder

in execution the

order

of attachment
and

made,
the

solicitor

of such

decree-holder,
in the
on

other

creditors

(if any) mentioned

decree-holder"

application; judgmenttion applicalocal

(b) where
(ii)The
at

the
or

applicant is the
his solicitor. may,

the

debtor Court

if it thinks

fit,publish notice
in the

of the
in

the

applicant's expense
as

Gazette

and

such

newspapers

it thinks

fit.

420

No.

15

OF

1918.

the- applicant is the judgment-debtor, the Court Where (iii) may him under this section other from than payments exempt any sub-section under to (ii)if satisfied that he is unable payments

make
Power other to
serve

them.
The to be

337.
notice creditor

Court served

may
on

also, if it thinks
any other person

cause fit,

like copy
to
on

and be
a

creditors.

alleginghimself
to be

of the

applicant and
the

applying

for leave

heard

the

application.
Procedure at

bearing.

day so fixed, or on any subsequent day to which the adjourn the hearing, the Court shall examine such notice judgment-debtor, in the presence of the persons on whom of his insolvency served or their solicitors,as to the causes has been
338.

(i) On

the

Court

may

and

his circumstances

and

future

means

of

payment,
to

and

shall

hear

the decree-holder, the other and and

the the

creditors

mentioned

in the

application,
be creditors
as

other Court

(ifany) persons such allow may

a

allegingthemselves
witnesses to be

examined

it may

consider

necessary,

(ii)Where

decree-holder

against

judgment-debtor
examination

Court, the
he be

until after the

may

of filing

re-examined the

of insolvency granted by the of the judgment-debtor shall be adjourned the statement prescribedby Section 343, or after filing such statement.
a

appliesfor
such

declaration
is

and

declaration

Declaration

of

339.

(i) Where

Court

is satisfied that

the

statements

in

the

insolvency and of appointment

receiver.

substantially true, the Court application are shall and judgment-debtor to be an insolvent of his property. order appointing a receiver an
(ii)Where
the

the declare may in such niake case

Court

is not

so

it shall make satisfied,

an

order

rejectingthe
Creditors prove debts. to Schedule

application.
creditors mentioned
in

340.
other

(i) The
persons

the

application, and
to be

the

their

to be framed.

insolvent, shall then

of their shall
to be

(ifany) produce evidence respective pecuniary claims

order
determine

alleging themselves
of the

creditors and
;

of the

amount him

particulars
the and
the

against
who

and

Court shall shall

last

by
the
a

the

persons and and

"

insolvent's schedule

creditors, and
persons
;

their
the the

proved respectivedebts,
a

have

themselves

frame be

of such

debts,

copy

of which under of

posted in the Court-house preceding section, hereinafter

shall be deemed for their said
to

declaration declaration of each of the

called

insolvency,"

be

decree

in favour

said creditors

respectivedebts.

(ii)No creditor of the insolvent shall have any remedy against the property of the insolvent except under this Chapter, but nothing
in this

realize

Chapter shall his security.

in this where

affect the

power

of any

secured

creditor

to

(iii) Nothing
firm
or,

Chapter
died

shall entitle
the with

partner

in

an

insolvent
firm. in

he

has
in

before

insolvency, his
the creditors
is not

legal representative
such

to prove

competition
of the

of the

(iv) Any
schedule
of the may amount

creditor

insolvent
for

who

mentioned

insolvent

to the Court permission to produce api:)ly and particularsof his pecuniary claims against the the apj)licant and, in case proves himself to be a creditor

evidence

422
until he the has filed the

No.
statement

15

OF

1918.
this section
or

prescribedby
from

until first

expiration of six months

his arrest, whichever

shall

happen.
the insolvent not (iv) Where (iii), neglects or refuses

having
to

been

arrested
statement

under within
him

section subthe
to be

file the

period prescribedby
arrested
statement and
or

sub-section
in the

the Court (i), civil

detained
until

prison
of six

may until he

order has

filed such his arrest,

the

expiration
shall

months

from

whichever
Duty
receiver.

shall first happen.

receiver

of

344. Court

(i) The
to convert receiver

proceed

under

the

direction

of the

(a)

into
as

money

the insolvent's
;

property vested

in the

aforesaid

(6) to
(c)
to

pay the insolvent pay

thereout

debts, fines,and
to

penalties(ifany)
;

due

by
of

the

Government

the

decree-holder's
has

costs, where
on

the

declaration
a

insolvency
holder
;

been

made

the

applicationof

decree-

(d)

to

debts

discharge, according to secured by mortgage

property
;

their

of,

or

all respective priorities, lien the charge or on,

insolvent's

(e)

to pay

the wages provisions of

pay

of labourers

(if any)
of
"

in accordance

with
1912

the
"

Chapter

XI

The

Labour

Code,

(/) to

all wages

or

workman, (e), not exceeding

rendered the date the

or salary of every clerk, servant, labourer, labourers referred other than to in clause

two

hundred insolvent

dollars, in

respect of

services

to

the

before

of the balance
to any
a

declaration

during three months of insolvency ;

scheduled of their creditors

("/)to

distribute

rateably according
debts Such (ii) other
than

the

the among amounts

respective

and

without

preference.
salaried officer of the
as a

receiver, not
an

being

Government for the the

performance not exceeding

balance
so

retain official receiver, may of his duties a commission,

remuneration

to

be

fixed

by

Court,
of the

the

rate

of five per

centum

retained (the amount and shall, subject to the provisions a distribution), being deemed of this Chapter, deliver the surplus,if any, to the insolvent his or legalrepresentative.

distributed

the amount upon of the commission so

In (iii)
receiver

any

distribution

shall make

creditors under this section the among debts ments ajipearingfrom the stateprovision for
or

of the insolvent

otherwise

to be

due

to persons

resident

in

places so distant from the place where the receiver is acting that in the ordinary course of communication they have not had sufficient and time of the amount to produce evidence particularsof their pecuniary claims againstthe insolvent or to establish them if disputed He and also for debts the subject of claims yet not determined. shall also make provision for any disputed claims and for the
expenses necessary

for the administration

of the estate

or

otherwise.

CIVIL

PROCEDURE

CODE.

423
346,
be
or

345.

An

insolvent
debts account

discharged
under

under

Section

duly
or

Effect

of

liquidating his imprisoned

the
on

Section of the

349, shall not

scheduled

arrested

'^'^'^'i^rge.

debts ; but, subject following section, the property of an provisions of the next insolvent, whether previously or subsequently acquired (except the in the first proviso to Section 265 and except particularsspecified the in the receiver),shall, by order of the Court, property vested of any
to

be liable to attachment creditors from 346. the

are

and
in

sale until the debts full

or

due

to the

scheduled
years

satisfied of the
event

until

date

declaration of the
receiver

of

expiry insolvency.

the

of twelve

In the

otherwise

satisfied,that
all the
or

the

insolvent

of or certifying, has placed has has done

the the

Court

being
in

Declaration

receiver

f^dLcharged*
from

possession of
in

insolvent's that the

property which

become

vested
in

liability.

the

receiver

insolvent

everything
amount

his the

power

for

that debts
in any

purpose,

then, if the
exceed
one

aggregate
hundred debts have

of the

scheduled
may, to

does
case

not

dollars

Court

and

after the
or

scheduled

been

satisfied from

the

extent

of one-third of

after the

expiry

of twelve

years

the
to

declaration be

insolvency the Court shall,declare in respect of discharged from further liability

(i) Where
at the

the such

insolvent debts.

347. that the

examination has

under

Section

338

it is

proved

Procedure
^^

in
"^^^

judgment-debtor guilty, in
his

dewor.

(a) been

application or on his examination, of of wilfully making any false statement or any him the due debts to or as respecting the property by in whether belonging to him, possession or in expectancy,
concealment
or

held

in trust

for him,

or

(b) fraudulentlyconcealed, transferred,or removed any property, the him Court sentence by order in writing in a may of either description to imprisonment manner summary
for
a

term

which

may the

extend

to

three

months.
as

(ii)Instead
Court
may any

of

sentencing
the Public referred

judgment-debtor
to in

aforesaid
him

the
mitting com-

order

Prosecutor
to

prosecute

for

offence
the

this

section, to
convicted
a

be

specifiedin
may extend

such

order, and
year.

imprisonment
to
one

of either

judgment-debtor if description for

shall be liable to
which

term

DISCOVERY

OF

INSOLVENT'S the
a

PBOPERTY.

348.
a

(i)The
at

Court
any

creditor,

on may, time after

declaration
summon

application of the receiver of insolvency has

before
to have it the in his

or

of

court

may

been
or

,S^enV3*"
property.

made

against a judgment-debtor
any person

insolvent

his wife, or
any

known

or

suspected

possession

property belonging to the insolvent, or supposed to be indebted deem the Court may whom to the insolvent, or any capable person
of

giving

information the
in

property, and
any

documents

respecting the insolvent, his dealings or to produce Court require any such person may his custody or power relating to the insolvent,

his

dealings or

property.

424 (ii)Where
a

No.
any
sum

15

OF

1918.
after

reasonable

person for

so

summoned,
to expenses, the Court the

having
the
at

been

tendered
lawful

his

refuses,
at

without

impediment
and
or cause

made

known

time

of its

allowed
to

by it, to come produce any such

to

before

Court the before

any

the

time

document,
and
examine

Court

him

be

arrested

brought
on

may, it for examination. person the

sitting appointed, by warrant,

or

The Court (iii) may it under before brought dealings or property.

oath

attending

this

section

concerning
before Court
him to

insolvent, his
Court
on

(iv) Where
that

any

person
to

on

examination
the

the

admits

he is indebted of the
receiver

the
a

of
in

insolvent, creditor, order

manner as

may, pay

the the

tion applicareceiver

to
seems

at

such

time

and

such
or

to

the

Court

the

amount

admitted
amount costs any in his may, to in

any

part thereof, either

or

in

full thinks

expedient discharge
with fit,

of the
or

whole

question
on

not,

as

the Court

without

of the
person

examination.
examination

(v) Where
that
the

before

the

Court
the

admits

he

has

Court
him at

possessionany property belonging to the application of the receiver on or

to and the in receiver such

insolvent,
a

of
or

creditor,
any

order thereof the

deliver
time
seem

property
on

part
as

such
may

such

manner

and

such

terms

to

Court

just.
OR SCHEME OF AERANCxEMENT.

COMPOSITION

Composition
scheme debts of in satisfaction
an

or

349. been

(i)The
declared

scheduled insolvent

creditors
may

of

resolve

to

of

insolvent.

composition in satisfaction scheme or a proposal for a

The (ii) creditors

of the debts

judgment-debtor who has a proposal for a due to them by the insolvent

entertain

of arrangement scheme shall

of the
not
a

insolvent's be

affairs.
on

composition
unless it is

or

binding
in

the

accepted
in

by

majority

number,
and

representing three-fourths is approved by the Court.

The (iii)

value, of the scheduled

scheduled
or

creditors

insolvent approve be heard the

or

any

creditor

Court

to

composition
either for
not
or

scheme,
untU

may and

apply
any

to

the

scheduled

creditor

may

against such

application.
is satisfied

(iv) Such
(a)
that

applicationshall
the insolvent
as

be heard

the Court

has
causes means

been

Court and

to the

of his

before thoroughly examined his circumstances insolvency,

;

the

his future

of payment
or

and been

(6) that
to

notice, by advertisement
every

otherwise, has
in to

given
to

creditor such

of

the
to

insolvent the

sufficient

time

enable
so

creditor
an

desire, for
the
of

order

apply directing his

for

Court,
name

if he be

should
inserted

to

in

schedule. the the

time

(v) Notice
shall be sent

ajipointed
to

hearing
scheduled that
or are

the

application
of the
to any

by
or

Court Court
are

each of

of the

creditors.
terms

(vi) Where composition

benefit the

the

is not

opinion
reasonable

the
not

scheme

calculated
in

general body

of creditors, the

Court

shall, and

CIVIL

PROCEDURE

CODE.

425
to

other

case

the
or

Court scheme.
the be

may

at

its

discretion, refuse

approve

the

composition (vii) Where approval may

to

Court
testified

approves

the

composition

or

scheme, the

the

instrument
or

scheme

by

the

by the seal of the Court being attached of the containing the terms composition or embodied order in of the Court. terms an being
or

(viii)A
so

composition
relates
or

scheme

of this section far

as

shall be
any

to

debts

accepted and approved in pursuance binding on all creditors of the insolvent due to them by the insolvent which
scheduled. that
a

have

been

might

have

been Court

(ix) A
been conclusive

certificate of the
and

duly accepted
as

has composition or scheme approved shall,in the absence of fraud, be

to

its

validity.
this any

(x)
may

The be

enforced

under provisions of a composition or scheme the Court on by application by

any

section
person

interested, and
on

disobedience be
deemed

of
a

an

order

of the

Court

made

the

application shall
does

contempt

of Court. Court debts of the

(xi) No
which

of all debts

shall be approved by the composition or scheme not provide for the payment in priorityto other directed by law to be so j)aidin the distribution
an

property of (xii)No
out

insolvent. incurred
a

costs

application to
of the estate

ajDprove

of, or by a debtor composition or scheme

refuses
to approve

incidental shall the

be

to,

an

allowed
or

if the

Court

composition
scheme

scheme.

(xiii)At
Court
or

the

time
or

of

may omission

correct

approving a composition or supply any accidental or formal

no

the

slip, error,
of the

therein,
or

but

alteration be made.

in

the

substance

composition

scheme

shall

is approved, the a (xiv) When composition or scheme (ifany) shall forthwith put the debtor (or, as the case may
trustee

receiver

be, the
the

under

the

composition
The
the

or

scheme)
also

into

possession of
the
a

debtor's of

property.

Court

shall

rescind

declaration

insolvency and
(xv)
In

order

(ifany) appointing

receiver. trustee may is not

a

appointed
trustee unless

of a case every such to distribute

a composition in which the Court composition,

require

to be

appointed
a

and

may

refuse

to

approve

the

composition
a

and

until

this is done.

trustee the

under (xvi) Where is appointed debtor's affairs

or

composition
distribute
to manage
a

or

scheme

of
or

arrangement
to

to

composition
business,

administer

his

such

trustee

unless

expressly exempted
to

therefrom of the
refuse

by
to

order

of the due the

shall, Court, give

of
or

security
his trust.

the

satisfaction Court such

may

Court

for the
approve

The

performance composition
instalment

scheme

unless

securityis given.
is made in payment
or

(xvii)Where
in the pursuance

default of
a

of any
or

due

Court
in

cannot

composition evidence that the satisfactory of legaldifficulties or consequence

on

scheme,

it appears to scheme or composition sufficient

cause

where

for any

426

No.

15

OF

1918.

undue or delay to the creditors or to the injustice the obtained Court of was by fraud, debtor, or approval creditor if it thinks the Court on fit, applicationby any again may, and annul the composition or scheme, insolvent declare the debtor or but without prejudice to the validity of any sale, disposition, of or thing duly done under or in pursuance payment duly made is declared insolvent debtor Where the composition or scheme. a

proceed without
that

the

under
been

this sub-section, contracted be entered before

any the

debt
date

valid

in

other

respects which
of

has

of the

declaration

insolvency

may

by

the

Court

in the

schedule.

BANKRUPTCY

MATTERS

EN

THE

COLONY.

Action Courts

in aid of of the

350.

The

Court and

and

the

officers thereof

shall

in

all matters

of

insolvency
Courts order
to

Colony.

of the

of any the Court

in

bankruptcy act in aid of and be auxiliary to the in bankruptcy ; and an Colony having jurisdiction of the Colony seeking aid with such Court a request
shall

exercise
the

or

to the Court sufficient to enable be deemed order such the directed of the matters diction jurisby respect the request made of the Colony which either the Court as within their in respect of similar matters Court could exercise

several

jurisdictions.
PART INCIDENTAL II.

PROCEEDINGS.

Chapter

XXIV.

DEATH,
No abatement

MARRIAGE,
The abate death if the of
a

AND

INSOLVENCY

OF shall
not

PARTIES. the

351.
suit to

by party's
death, if right
to
sue

defendant or plaintiff right to sue survives.

Illustrations.

cause

survives.

(a)
B

A C

covenants
sue

with
to

B suit
all

and
does the

to B

and

compel payment.
the
case

annuity to an pay decree. dies before

before
B

The

during C's life. right to sue right

may to
sue

survives

to the to

0, and
same

not

abate.

(b)
the

In

parties die

decree. and

The

survives
suit

(c)
suit
Death of

representativeof the survivor of against A's representative. The A dies. B for libel. right to sues
the

C, and
not

he

continue

sue

does

survive,

and

the

abates.

one

352. and
any

Where of them

there

are

more

of several

plaintiffs or defendants, where rifrbtto

sue

dies, and
the

the
or

or plaintiff

alone plaintiffs

defendants than one or plaintiffs the survives to surviving right to sue or against the surviving defendant

survives.

defendants be of made the

on

alone,
the

Court

shall
the

cause

an

entry

to that at the

effect to
instance

record, and

suit

shall

or surviving plaintiff or

or plaintiffs

proceed against

the

surviving
of them

defendant
Death of
one

defendants.
there
are sue more

353.

Where the

than plaintiffs
not survive

one

and

any

of several

plaintiffs,
where
sue

dies, and
or

right to

does

to the

surviving plaintiff

right to
not to

does

survive

surviving alone. plaintiffs

the and him them but alone survives to or plaintiffs Court the of the deceased plaintiff jointly, may representative to be if any, of the deceased the legalrepresentative, plaintiff

legal
cause

made

CIVIL

PROCEDURE

CODE.

427
to

party and
on

shall record

thereupon
and

cause

an

entry
the suit.

that

effect to

be

made 354.

the

proceed mth
sole

Where

sole

plaintiffor
the

legal representative of
survives, apply
in to the

deceased
to have

dies, surviving plaintiff Avhere the right to may,

name

the
sue

Death

of

sole,

surviving,

Court

his

entered Court

on

the record

piaintia.

place
his

of the
name

deceased and within

enter

aild the plaintiff, proceed with the suit. six

shall

thereupon

355.
or

Where

months such the

after the

death

of

sole

where plaintiff

no

no surviving plaintiff by any person claiming to be the Court plamtiff, may

sole

applicationis made legalrepresentativeof

shall abate
to in

to the the

Court

rei?resentat

deceased

"[^^tf^^"^

(a) make
which

an

order

that

the

suit

and,

on

the

tion applicathe
costs

of the he

defendant, award
have the incurred
estate

the

defendant
the

may

defending
deceased and

suit, to be

recovered

from

of the

or plaintiff,

(b) on
as

the

application of the
or as

defendant,
as

upon

such

terms

to costs

otherwise
it thinks

the

Court

thinlcs fit,make the for

such

other

prder
the
in

fit for

of
with matter suit

the
in

deceased order
to
a

bringing in or plaintiff,
final

legalrepresentative proceeding
of the

determination
purposes,

dispute, or

for both who

those is the

356. of
a

Where

deceased been of the

to a question arises as the Court may plaintiff,

legalrepresentative
the the
at such
or

Question

as

either
suit
or

stay the suit until

decide before be

repTesentativ

fact has

determined
suit

in another

"Ij^^^^""*^

hearing

who

shall of
are

be

deemed

to

legal representative

for the 357. them the

purpose there

prosecuting

the

suit. than
one

(i) Where
die before

more

defendants

and

any

of

Death

of

one

decree

and

the

right to

sue

does

not

survive

against

defendants

or

defendants alone, and also where a sole surd^'ng,^" or surviving defendant defendant. defendant the right to sue dies and sole surviving defendant or the Court make to survives, the plaintiff an application fying specimay the name, of any person and place of abode whom description, he alleges defendant to be the legalrepresentativeof the deceased and whom he desires
shall to

be

made

the

defendant the
name

in

his stead.

The (ii)
on summons

Court
record such

the
to

in the

thereupon enter place of such

to

of such
and
a

tive representashall issue

a

defendant
on

representative
the
as

appear

day

to

be

therein

mentioned
in the
a same

to defend
manner

suit ; and the case shall thereupon proceed if such representative had originallybeen

made
in the

defendant
suit.

and

had

been

party

to

the

former

proceedings
he is not make the
any

(iii) Any person so legal representative

defence

made of the
to

defendant

may

object that
or

deceased

defendant
as

may

appropriate
the

his character make

such such
in he

representative. applicationwithin question, the suit

had six

(iv) Where
months

fails to plaintiff death of the satisfies the Court

after the
unless

defendant that such

shall for

abate,
not

he the

sufficient

cause

making

within application

period.

428 (v)
The

No.

15

OF

1918.

apply to may legalrepresentativeof a deceased defendant and the deceased of the in defendant, be made defendant a place shall far apply as they are applicable, provisions of this section, so ensuing to the applicationand to the proceedings and consequences
thereon.
Suit not abated

358.
cause

(i) The
the suit

marriage
to

of

female the

or plaintiff

defendant

shall not

by marriage of female party.

abate,
it may be

but

proceeded
female

\\dth to

judgment, and,
executed
is the

may the where

suit

notwithstanding be is against a decree

alone. debts of his wife,
be

defendant,
the
may,

against her
for the
the

(ii)Where
the decree

husband Avith

by law liable permission of

and,
in
case

Court,

executed

against the
execution

husband

of the

also ; decree may

the
to
When suit.

applicationof the the subject-matter of

(i) The

judgment for the wdfe, with such permission be issued upon is by law entitled husband, where the husband
of the decree.

plaintifE's
bars

359.
receiver

insolvency

suit which the in any insolvency of a plaintiff maintain last under the might preceding Chapter appointed

.for the receiver thereof

benefit

of his creditors
to continue time
as

shall not
or

bar

the

suit, unless

such
costs

declines within

the suit the Court

to may

give

securityfor the

such

order.

the suit or the receiver Where neglects or refuses to contmue (ii) defendant the the time mthin such ordered, so may security give apply for the dismissal of the suit on the ground of the plaintiff's insolvency,and the Court may make an order dismissingthe suit and in he which has incurred the costs awarding to the defendant debt the be the plaintiff's to against proved as a defending same,
to estate.
Effect of
or

360.
no

(i)Where
suit

suit abates

or on

is dismissed

under

this

Chapter,

abatement dismissal.

fresh The (ii) of

a

shall be

brought

the

same

cause

of action.

the person tive or claiming to be the legalrepresentaplaintiff of an insolvent in the case the receiver or plaintiff missal disor apply for an order to set aside the abatement plaintiff may sufficient he was prevented by any ; and, if it is proved that ment shall set aside the abatefrom continuing the suit, the Court cause deceased
or

dismissal

upon

such

terms

as

to

costs

or

otherwise

as

it

thinks
Interests created
or

fit.

361.
interest
lite.

In other

cases

passing
"pendente

during
of notice

the

assignment, creation, or pendency of a suit, the suit may,

of with
the consent

devolution
with

of any

the leave of

the

Court,

given either
in

service

if any, be continued interest has come or for the

person

writing upon by or against the

devolved whom
it has

them

and

parties or after objections, hearing

of all
their

to or person either in addition to

upon
or

whom

such

in substitution may

from

passed, as
XXV. ADJUSTMENT

the

case

require.

Chapter WITHDRAWAL
Withdrawal suit
or

AND
time

OF of
a

SUITS. the
his

of

362.
may,
as

(i) At

any

after
any

the

institution

suit

plaintiff
suit
or

abandonment of part of claim,

against
part of

all

or

of the

defendants, withdraw

abandon

his claim.

430
the
suit

No.
incurred far
as

15

OF

1918.
and the
excess

after the

deposit
caused

costs

incurred

thereto, so
Where (ii)

they

were

by
such

in the
as

previous claim. plaintiff's

in full to that pass

the

plaintiff accepts

amount

satisfaction

of his claim, he shall present to the Court a statement shall be filed and the Court shall and such statement

effect,
are

judgment
to

be

accordingly,and, in directingby whom paid, the Court shall consider which for the litigation.
Illustrations.

the costs of the

of each

party

partiesis most

to blame

(a) payment
demand the

owes

$100.
no

sues reason

A to

for

the

amoiint,
that

and
would

having place
not his

believe

the

him

at B

money

into

Court. allow

Court

should
on

On a disadvantage. of his claim, but the accepts it in full satisfaction him litigation being presumably costs, the any

for demand having made no delay caused by making a the plaint being filed, A pays

groiindless
the

part.

A under the circumstances mentioned in illustration (6) B sues (a). On A the Afterwards plaint being filed A disputes the claim. pays money into Court. B of his claim. should The Court accepts it in fiill satisfaction of suit, A's also give B his costs conduct that the litigationwas having shewn

necessary.

(c)
claims

owes

$100
sues

and
A

is

willing to
amoiint.

pay

him On

that

sum

without
the

suit.

$150
into the

and

for

that

the

plaint being
pay
The

filed A should

pays

$100
B

Court

and

disputes only
in full satisfaction

his

liability to
claim.

remaining

$.'50.
order

accepts
to pay

$100

of his

Court

him

A's

costs.

Chapter SECURITY

XXVII. FOR COSTS.

Where

security
be may from

369.

(i)Where,
appears

at the

institution that
a

for costs

suit,it
more

to the Court

required

plaintiff.

than one) that plaintiffs Malay States and of such plaintiffs does, possess any sufficient one within the Federated Malay States other than Federated
the

at any subsequent stage of a is,or (when there are plaintiff all the plaintiffs are, residingout of the that such plaintiff does not, or that no
or

sole

immovable the

property property in suit,

Court

may,

either of its the

o^vn

motion

defendant, order
a

or plaintiff

the applicationof any or on to give security,within plaintiffs of all costs incurred

time

to be fixed

by

and

likelyto

be incurred leaves
as

the order, for the payment by any defendant. the Federated reasonable

Whoever (ii)
circumstances

to

afford

Malay States probability that

to pay

under

such

he will not shall be the within

he may forthcoming whenever to be residingout of the meaning of sub-section (i). be deemed On (iii)
w

be called upon Federated

costs

Malay
in
at
a

States

hich

the
a

the application of plamtiffis a woman immovable

any the

defendant Court
may such

suit

for money
not

in suit

any

stage of the
Federated

make
any

like order

if it is satisfied that

does plaintiff the

possess

sufficient other

States 370.
Effect of failure to furnish

than the

property within the property in suit.

of such shall

Malay

(i)In
the

event

security not
make
an

the

time

fixed

the

Court

order

being furnished within dismissing the suit,

to withdraw

security

unless

or are plaintiffs plaintiff

permitted

therefrom

CIVIL

PROCEDURE

CODE.

431

under
time

the should

provisions of
be extended,
a

Section
in which

362

or case

shew the

good
Court

cause

why
extend

such it.

may

shall section, the plaintiff cause bringing a fresh suit in respect of the same of action, but he may apply for an order to set the dismissal aside, and, if it is proved to the satisfaction of the Court that he was from furnishingthe securitywithin prevented by any sufficient cause be

Where (ii)

suit is dismissed

under

this

precluded

from

the time
as

fixed,the Court

shall set aside other^vdse

the
as

the

dismissal fit and

upon

such

terms
a

costs, or security, day for proceeding with

to

it thinks

shall

appoint
in

suit. aside unless notice

of such

The dismissal shall not be set (iii) applicationhas been served on Chapter COMMISSIONS
COMMISSIONS

writing

the defendant.

XXVIII. LETTERS OF
WITNESSES.

AND
TO

REQUEST.

EXAMINE

371. Any examination,

mthin Code unable Court
him the

Court
on

may

in

any

suit

issue

commission

for

the

where

Court

from that

resident otherwise, of any person or SSionlo*^" interrogatories is exempted under local limits of its jurisdiction who this examine attendmg the Court, or who is from sickness or infirmity the jurisdiction.
in the

to attend

the Court, or who lives at such a distance from the it of the Court is unreasonable to opinion compel

to attend An

the Court. for the be made

issue

372.
of the
a

order

of

commission

for the examination

own

Orderfor
"""^"'^^'"'^'

by the Court may supported by affidavit application,

witness
or

either of its
or

motion any

or

on

otherwise, of

party

to

the suit 373.

within
same

of the witness commission local limits be issued

to

to be examined.

A the
may

for the of the

any

examination whom

of

person

who thinks

resides the fit to

^tsri'^n"* a""
issue.

jursdictionof
person

the

Court Court

issumg

the

execute

the

same.

374.

(i)Any
of
person any

Court

may

in

any

suit

issue

commission

for the

Commission

to

examination

SntTyTd
resident who he is

(a)

beyond

the local limits of its such

jurisdiction ; ilfave^the"
the date

(6) any
on

person which

is about

to leave

limits before
in Court. person

required to
may

be examined
to any
same.

Such (ii) whom

commission thinks Court

be issued

willingto

act

the Court

fit to execute
to which

the

375. Where
of
not
a

any

commission

for the examination Federated

but

within

the

applicationis made for the issue Commission to of a person residingat any place witness not Malay States, or at any place within the p^'l^"^?'^
at such
a

Federated the

Malay States opinion of the Court

distance
to

from

the

Court him

that in

iiaiay states

it is unreasonable

compel

to attend

reasonabie^"^
distance.

the Court, is satisfied that issue such commission.

his evidence

is necessary,

the Court

may

376.
pursuant ^

Every

Court

in

the

Federated of any

Malay
person

States
shall

receiving
examine him

Court

to

commission

for the thereto.

examination

wltneS*^
pursuant
commission.

to

432
377. of which Where
it
a

No.
commission the

15
has

OF

1918.

Return
with

of

been

duly executed,
under

it shall

be
out

commission

returned,

depositions

together with

evidence

taken

it,to the

Court

of witnesses.

has issued, unless the order for issuing the commission which the be returned in commission shall in otherwise case directed, the commission and the return of such order ; and terms thereto,

and
next
When

the

evidence

taken

under

of the to the provisions it,shall (subject

followingsection) form
Evidence
in the is

part of
a

the

record

of the suit. shall

not

tions deposi-

378.
evidence

taken

under
the

commission consent

be

read

as

may be read in evidence.

suit without

of the

party against whom

the

same

offered, unless
person

(a) the
to

who

gave
or

the

evidence
or

is

beyond
or

of the Court, attend

to

dead,

unable

from

sickness

be

personally examined,
in Court
;
or

jurisdiction infirmity exempted from

or

the

personal appearance (b) the

Court
in

its discretion

dispenses with
in clause

the

proof

of any
in the

of the the

circumstances

mentioned person has

{a) and
as

authorizes

evidence

of any
commission

being
ceased

read

evidence for
time

suit, notwithstanding proof that

evidence the
Provisions to
missions com-

the

cause

by

at the

taking such of reading

execution

same.

379. The
and
return

apply

to

of commissions
situate
or

issued

contained to as provisions hereinbefore shall apply to commissions

in

the

issued
in any

by

"

by foreign
Courts.

{a) Courts
of His

the

United
any

Kingdom
State

or

British

Colony (b) Courts

with

possession or in Britannic Majesty ;

under

the

protection
in alliance

His

of any foreign country for the Britannic Majesty.

time

being

LETTERS

OF

REQUEST

TO

EXAMINE

WITNESSES.

Letters

of

380. shall
in
so

request.

If in any case order, there of

a

the

Supreme
where
in

Court
a

or

Judicial
to

Commissioner

shall be issued the the

request
witnesses

examine be

witnesses,
are

lieu

commission,
than
shall

to

examined States.

resident order such the and

elsewhere

Federated forms
in the

Malay
third

Such such

request
as

be in the

schedule, with put

to

variations and

circumstances

request shall be accompanied

witnesses

by

require ; and every may list of questions to be a

questions into
are

to

be

said by a translation of the request and language of the country in which the witnesses examined, unless the English language bo the language of the the

of such

country.
COMMISSIONS FOR LOCAL INVESTIGATIONS.

Commission
make local

to

381.

In

any

suit

or

proceedingin

which

the

Court

deems

local

investigation.

of elucidating to be requisite or investigation proper for the purpose value of any marketthe in dispute, or of ascertaining matter
any

property
net

or

the

amount

of any

mesne

be and the same by the cannot profits, such to as person Judge in person, the Court may issue a commission him to act, directing it thinks fit, provided that such person be willing : and to report thereon to the Court such investigation to make

or damages or profits conveniently conducted

annual

CIVIL

PROCEDURE

CODE.

433
State has
to

Provided

that, when
in the shall

the

Resident
as

of the

made whom
be

and such bound

published
commissions

Gazette be issued

rules

to

persons

in such

State, the Court

shall

by

such

rules.

382. deems

(i) The
necessary

Commissioner,
and after
such to the

after

such to

local

inspection
evidence
his

as

he

Procedure

of

reducing
Court.

writing the

c"""'^^'"""'"-

taken in

by him, shall return writingsigned by him,

him
in

evidence, together with

and the the any the

report
taken

(ii)The (but
the
the

report of
not and the shall

the

Commissioner
without

evidence
be

by
or,

evidence

report) shall
record of the
;

evidence

suit

form
of the

part of
Court,
or

but

the

Court,
the
as or as

with may

permission
the

parties to

suit,

examine matters
as

Commissioner
to him

personallyin
mentioned
he

of the

referred
to the
manner

Court open in his report, the

to any to his

report, or

in which

has made

investigation.

COMMISSIONS

TO

EXAMINE

ACCOUNTS.

383.
accounts person

In

as

suit in which examination an any is necessary the Court issue may it thinks fit directinghim to make

or a

adjustment
to

of

commission

to

commission

such
or

adj'usraccoun

such

examination

adjustment.
384.
of the

(i) The

Court
shall

shall furnish
such

the

Commissioner
as

with

such

part

Court

to

give

proceedings and
to

instructions

appear

the instructions

merely
or

is also

the distinctly specifywhether transmit the proceedingswhich he may hold on the enquiry to report his own the on opinion pomt referred for his

necessary ; and Commissioner is

rnstafcUous to
Commissioner.

examination.

(ii)The
be evidence fit.

proceedings and report, if any,

in the

of the Commissioner
has
reason as

shall to be

dissatisfied with think

suit ; but where the Court direct such further them, it may

enquiry

it shall

COMMISSIONS

TO

MAKE

PARTITION

SALE

IN

LIEU

OF

PARTITION.

385.

(i) In

to appears the several

of immovable any suit in v/hich the partition the Court the Court, after to be necessar}^,

property
several

Commission

to

ascertainingS'^immovabie"
P'^"P'^'^*^yas

parties interested
issue
a a

in

such

property
to

and

their

rightstherein, may
fit to make

commission

such

persons

it thinks

partition according to such rights.

shall, after
into the many commission may,
as

(ii)The
necessary, by the order
such said the

Commissioners divide under

to the the
same

such

shares
was

which

be as may be directed may issued, and shall allot

enquiry
as

shares

parties, and
sums

if authorized for the

purpose

thereto of

by

the

order, award
value

to

be

paid

equalizing

of the

shares.

The Commissioners shall then (iii) and sign a report, or prepare (ifthey cannot agree) separate reports, appointing the share of each each share (if directed by the said order) party and distinguishing so and bounds. Such report or reports shall be annexed by metes to
the commission
III"

and

transmitted

to the

Court

; and

the

Court, after

28

434

No.

15
the
or

OF

1918.
make
same.

hearing any objectionswhich reports, shall confirm, vary, (iv) Where

it shall pass varied ; but either issue
a a

partiesmay
or

to the

report

or

set aside the varies

the

Court

confirms

the
same

report
as or

or

reports,
or

decree the

in accordance

with

the

confirmed

where
new

Court

sets aside the

or

report
other

reports, it shall
order
as

commission

make

such

it shall

think

fit.
any

(v) Upon
be

such order as may partitionthe Court shall make in respect Government the to payable justrespectingany revenue

of the
Power to order

immovable

property.
of

386. appears
the
a

(i) Instead
to the

issuing a
a

commission for the

among

under

Section
a

385, if it
of
than may,

sale in lieu of

Court

that

sale of the

partition.

property and
them,

distribution

proceeds would be more partitionof the property

fit, on
the

beneficial between
or

partiesinterested
the

Court

if it thinks

request of
dissent
or

any

of the

parties interested

and

notwithstanding
direct
or a

proper

disabilityof any others sale of the property accordingly and may give all consequential directions.
the
any such sale the

of them,
necessary

(ii)On
the
as

Court

may,
to

if it thinks bid at the

fit,allow
sale
or on

partiesmterested
to

in the

property
as

such

of any terms for

non-payment
money to any

of
or

deposit,or
any
as

to

settingoff
instead
seem

accountmg
the

the
or as

purchase

part thereof
to the

of

paying

same,

other

matters,

Court

reasonable.
the any

be made A request for sale under on sub-section (i)may (iii) mind, or a person under part of a minor, a person of unsound
other
or

disability by
person

the

next

friend, guardian, committee

to act
on

in

lunacy,
such

other

authorized

behalf

of the person

under

disability.
GENERAL PROVISIONS.

Expenses
commission to be Court.

of
or

387. this

Before

issuing any
the

commission order such

or sum

letter

letter of request

Chapter

Court

may

of request under (ifany) as it thinks

paid into

reasonable

mth in connection for the expenses of the commission or the letter of request to be, -wdthin a time to be fixed by the Court, benefit for whose instance or paid into Court by the party at whose
the commission
or

letter of request is issued.

Powers

of

388.

Any

Commissioner

Commissioners.

otherwise

directed

by

the order

appointed under this Chapter of appointment,

witness
any to
;

may,

unless

(a)

examine them

the
may

parties and any produce and

thinks

whom

they

or

any

of
the

Commissioner
in the matter

proper referred to him

person to give evidence call upon

other

Avhom

(6) call for and

to the

examine

documents

and

other

things
any

relevant

subject of
reasonable

enquiry
time in the

(c)

at

any

enter

building mentioned
Summonini?,
attendance,
examination and of

upon order.

or

into

land

or

389.

The

provisions
and

of

this

Code

relating to

the

summoning,
remuneration
to persons

attendance,
of and
,

examination be

of witnesses, and
upon, to

to the

before witnesses Commissioner.

to ]X'nalties required to give

imposed
or

witnesses, shall apply

evidence

produce

documents

under

this

CIVIL

PEOCEDURE

CODE.

435
of which

the commission Chapter, whether has been issued by a required of the situate beyond, the hmits purposes

in execution

they

are

so

Court

situate

Federated

withm, or by a Court Malay States, and for the

shall

of this section

the

Commissioner

be deemed

to

be

Civil Court. 390. Court

(i) Where
shall

commission
the
or

is issued

under
shall

this

Chapter,
before

the

Parties

to

direct that
in person

Commissioner

partiesto the suit by their agents or parties do

appear

the

commissioner.

solicitors.
so

(ii)Where
may

all

or

any
ex

of the

not

appear,

the

missioner Com-

proceed

parte.

Chapter AID
SERVICE OF FOREIGN

XXIX. TRIBUNALS.
IN

TO

FOREIGN
LEGAL PROCESS STATES.

THE

FEDERATED

MALAY

391.
this

(i) Subject
or

to

any

specialprovision made
where
or

by

Section

608 matter
a

of

service

of

Code

otherwise,
a

in

any

civil

or

commercial

/"p"^?guan'
letter of

pending

before

Court such

Tribunal
or

of

foreign country
for service
any citation
on

letter

of request from in the Federated

matter with
an

Court
the

Tribunal of any

request.

Malay
to

States

is transmitted mtimation the

Supreme

or process Court by the

person in such

Chief

that

it is desirable

that be

effect should

be

Secretary given to

the

same,

followingprocedure

shall

adopted

(a) The

letter

translation

shall be accompanied by a of request for service in the thereof English language and by two
process in the process
or

copies of the copies thereof (6) Service

one

citation

to

be
;

served

and

two

English language
or

of

the

citation with the

shall person

be

effected
to be copy

by

delivering to
copy

and

leaving
to

served of the

of the

translation this Code

process thereof, in

be served, and
with
;

one

accordance

the

provisions of
server

regulatingservice
has

of process
the

(c) After

service to

been

effected
an

process

shall

return

the

Registrar or

Supreme Court one by affidavit, to be Registrar,a return

in which the process

Registrar of the and of the process shall verify copy made before the Registrar or Assistant and the manner statingthe time when
was

Assistant

served

(d)

The

service effecting Registrar Registrar, shall certifythe of the charges or such who correctness shall be properly payable for the cost of other amount as A copy of such service. effecting charges and certificate the Chief Secretary. shall be forwarded to

particularsof
be

charges
to

for the

cost
or

of

shall

submitted

the

Assistant

(e) The

Registrar
the

or

Assistant the letter

Registrar

shall

transmit

to

the

Chief
from service

Secretary
with
a

foreign country
certificate

of request for service received of together with the evidence

appended

thereto

duly

sealed

436
with

No.
the seal of the form
in the

15

OF

1918.
Court. Such certificate shall

Supreme

be in the

thu'd schedule,

(ii)The
service
or

Supreme
otherwise

Court
as

may

all such make orders for substituted may be necessary to give effect to this section.

OBTAINING
Evidence

EVIDENCE

FOR

FOREIGN

TRIBUNALS.

for ^

392. Court

(i) Where
Or

any of Court

civil
a a

or

commercial

matter and

is

pending
to

before
appear

Tribunals.

Tribunal

to the
or

Supreme

or

foreign country Judge thereof, by

it is made

such

letter of request or other evidence Court is desirous Tribunal or

to

Rogatoire hereinafter as provided, that of obtaining the testimony in

or

Commission

relation Federated

such

matter

of

any

witness

witnesses

within

the

Malay States, the Court or a Judge may, on the ex 'parte the to make to be duly authorized application of any person shewn application on behalf of such foreign Court or Tribunal, and on production of the Commission Rogatoire or letter of request or such other the evidence the Court as or a Judge may require, order examination oath, upon or otherwise, of such interrogatories upon witness or witnesses accordingly ; and the Court or a Judge may by the same the attendance order, or by any subsequent order, command of any in such of being order for the purpose to be named person to examined, or the production of any writings or other documents
be mentioned
the in such

order, and
such

and time, place, therewith may be in

a

mannerof
as

give all such may examination and

reasonable
manner as an or

directions
all other

as

to

matters and any

connected such Court order

or

may

enforced
suit

appear in like

and order

just ;
made
such

Judge

pending

in such

Court

before
the

by such Judge.
in the

third

sub-section (ii)An order under (i) shall be in with variations such circumstances schedule, as
The (iii) examination

form
may

require.
or an

shall be

taken

before

the

Registrar

Assistant in the

Registrar who shall append to the depositionsa certificate, form with in the third schedule stances circumsuch variations as
the

and

require, duly sealed with may shall forward the depositions so

or

seal of the

Supreme
the

Court

certified, and

Commission

Rogatoire
transmission

letter of request, if any, to the Tribunal to the foreign Court or under

sub-section the

Secretary for requiring the same.

Court
be
or a

Chief

(iv)
shall
manner

An

order

think
as

fit, direct
may the be the

said

(i)may. examination

if the
to

Judge
such

taken

in

of request from
with
or

which

may

such
the

order. order

Rogatoire or letter requested by the Commission to be in accordance foreignCourt, or therein signified practice or requirements of such Court or Tribunal, be requested by the applicant for for the same reason But such where no special directions are given in
the
same

for examination, XVIII.

shall be taken

in the

manner

prescribedby Chapter
(v) Where
mentioned the Chief
should be
a

Commission

Rogatoire
is transmitted (i), intimation that

or

letter to the

of

request,
Court

as

in sub-section
an

Supreme

by

Secretary with given to the be made to the Court by the of the t o jjarties any

it is desirable

that effect

same

without

requiring an

the

agents in the
or

action

matter

application to Federated Malay States of in the foreigncountry, the

438 (ii)The
of receij)t
the
same a

No.
Chief

15

OF

1918. be, shall on (i)consider

is
a

Secretary or Resident, as the case may sub-section under to him plainttransmitted

shall,if
cannot it appears to him that

and which
the
or

the claim endorsement and

a

bond under
a on

fide
his

claim

hand
officer

on

amicably settled, by plaint order that right be done

be
person in the to

nominate
summons

public
behalf

other

accept service
the

of

of the defendant

suit.

In the event of refusal to endorse (iii) t he plaintiff (ii), appeal, may

plaintunder

sub-section

(a) where

the

refusal

is

by by

the

Chief

Secretary, to
to the

the

High

Commissioner,

and
is
a

(b) where
and
the

the

refusal

Resident,
or

the

Chief

Secretary,

thereupon
case

the

High

Commissioner

Chief endorse
to

may

be, may,
the return

if he shall think of the and

fit,so

Secretary, as the plaint.

the Judge, a subject to the

(iv) Upon
summons

plaint,so endorsed,
suit

shall be issued
this

the

shall thereafter,

provisions of
purpose

between

Chapter, proceed as an subject and subject.

ordinary

suit

for

similar

(v) Where (a) the Chief

Secretary, or
or or on

on

appeal
from
him

from

him

the

High

missioner, Com-

(h) a Resident,
refuses the (iii),
any to

appeal plaint
as

the
in

Chief

Secretary,
the and (ii) plaintiff presenting

endorse

the

provided

sub-sections
to

Judge

shall

reject the
the

Court

fees which

plaint and have plaintiff may

Government Government
or

refund

paid

upon

the
Claims which

plaint. Any claim, agamst the against the Ruler or

on

398. States

of the Federated of
a

Malay
use or

Enforced
^^^'^'^-

or

State, which

(f,)is founded

the

use

occupation
or or

or

right

to

occupation (6)
(c)
arises out
arises out

of State
revenue

lands,

of the

laws,

should of the the State

of any have been

contract

which
into
on

has behalf

been

or

may

be

or

entered

of the Government

Chief

Malay States by or by the authority of Secretary, or on behalf of the Ruler of such of such by or by the authority of the Government
Federated which would if such
claim

State, and

had for
a

arisen

between this

subject
Code,
in
case or

and

subject
or

afford

ground

suit

under

(d) is for damages

the
may

Federated

compensation in respect of a Malay States or in such

included
in
as

matter

arising
as

State,

the

be,
not

or

(e)

is

claim,

the

might
may,

lawfullybe enforced

between

preceding clauses, which subject and subject,

subject to the provisions of this Chapter, be enforced by suit or against such State, against the Chief Secretary to Government
as

the

case

may

be, under

this Code.

CIVIL

PROCEDURE

CODE.

439
known

399. the
in

public officer, acting on

of the Federated

behalf

of

department
of

of

Public of

officer

Government

discharge of duties incident liable personally upon contracts he impliedly warrant does nor
enter into such contracts. in

State or a Malay is not to his public employment, made by him in that capacity ; that he has in fact authority to
and

States

GovMn'i" thf
not

ment ^
"^""'^

liable ^'

400.

(i) Contracts
service

made said

the

Federated

Malay

States

for the the

said the
or

contracts
on ""

made of the th

public
States

of the

States

by

Federal

officer of
to be when

behalf b^haif

Government.

duly gazetted to his office shall be deemed of the said States authority of the Government signed by the Chief Secretary or by a Federal States in writing by the Chief duly authorized in his department or generally for all contracts such contracts. to sign or execute case,
in Contracts made (ii) State by a public officer
a

made

by

executed

officer of the for the

said

Secretary, either particular

public service of such of such State duly gazetted to his office shall be deemed to be made by the authority of the Ruler or Government executed of such State when or signed by the Resident State duly authorized of such State or by a public officer of such in his in Avriting by the Resident, either generally for all contracts such department or for the particular case, to sign or execute
State for
contracts.

the

Colonies the

made Contracts (iii) shall, so far Courts of the

on

in
as

England
same

by
come

the

Crown
the

the

within

Agents for the of jurisdiction

the Federated
service

Federated behalf
to

Malay States,
of be the
contracts
a

be deemed, of for the

(a) if made
of the

Government
made

Malay States,
said

public
said

States

by

Federal

officer of the

States, State,
State

and,

(6) if

made
to

on

behalf

of the made

Ruler

or

Government
service

of

be
a

contracts

for the

public

of such

by

public

officer of such

State.

in manner hereinbefore (iv) No contracts except those made the Government behalf of of the Federated on provided for contracts to be made Malay States shall be deemed by the authority of the said

Government

and

no

contracts contracts

except those
on

made of the
the

in

manner or

hereinbefore Government of the Ruler

This

provided
of
or a

for
shall

behalf

Ruler

State

be deemed of such

to be made

by

authority
of the

Government far
as

State.
to contracts
on

(v)
made

section, so
the

it relates

behalf

Government after

of the Federated
commencement

Malay States, appliesonly to

of this Enactment.
contracts

contracts

use

(vi)Nothing in or occupation
401.
In
or

this

section

applies to

relatingto

the

of State under

lands.

all suits

or

by

against
the costs

State, costs

and
on

against
which

Chief
are

against the Chief Secretary costs. adjudged by the Court for may Secretary or such State on the same principles in between similar matters subject adjudged
this Code

by

or

be

and

subject.

440
402.
or

No.
Fees
a

15

OF

1918.
Courts for the Chief
;

Fees.

for matters shall not

done be

in the

Secretary
but

for

State
is

judgment
costs, the Chief and
No

given

for the
which

payable Chief Secretary

otherwise would
as

in the

first instance
or

where
with

for such
been

State

the

amounts

have

Secretary or by such State payable by the opposite party.

for the

fees shall be

payable by chargeable to

interroga-

tories.

shall an to, nor Interrogatoriesshall not be administered of documents be made order against, discovery or inspection the Chief Secretary or a State, or any public officer or other person as representmg the Chief Secretary or a State, 403. 404. Where
or

Execution to issue.

not

in

any

suit

decree
no

is

passed against
shall issue Court and

the

Chief

Secretary
a

against a State,
decree, under
transmitted of such

execution

thereon, but

copy

of such

the

seal of the

the
or

Judge,
to

shall be

by

the
as

Judge
the
case

to the Chief may

signature of Secretary by
warrant to
as

the

Resident
is for the

State,
amount
or

be, who, where

power

the
under

decree

payment
the Treasurer
case as

of money,

shall have awarded

his hand

to direct

by
State

such

decree

be the
to

paid by
case

the

Federal
in

by
other

the

Treasurer,
the

may

be, and
measures

of any
be

decree
to

shall have
cause same

power to

take

such

may

necessary

be

carried
Suits to be in

into All

effect.
suits which
or a

405.

may

be

Chief Secretary this"chT?er^'^'^

State

shall be and
not

lawfully brought by or against the with the brought in accordance

othermse.

provisions of

this

Chapter

Chapter SUITS 406.

in

XXXI. MILITARY MEN. ment Governobtain the

BY

OR

AGAINST
or

Officers soldiers
cannot

or

(i) Where
a

any

officer

soldier
a

actuallyserving the
to
a

who obtain

military capacity
for the he may

is

party
of
any

suit

and
or or

cannot

leave may authorize person defend them.

leave
or

of absence

purpose

prosecuting
person to
sue

defending
defend

any to sue for

suit in person, stead. The (ii) officer

next
or

authorize

in his

authority
soldier
in

shall be in
presence

the

subordinate

officer if the

writing and shall be signed by the of his commanding the officer, or be himself the party commanding
officer shall

officer. Such (iii) commanding shall be authority, which

or

other

countersign

the

filed in Court.

(iv) When
that the whom

by

purpose
the
or

countersignature shall be sufficient proof and that the officer or soldier authority duly executed it was could for the obtain leave of absence not granted of prosecuting or defending the suit in person.
so was
"

filed the

Explanation.
means

In in

this actual to

Chapter
command the

the

expression
for the
or

officer

time

corps,
Person
act
or so

detachment

which

officer

soldier
or or

commanding being of any belongs.

a

"

officer

"

regiment,

407.
may or

Any
a

authorized

defend
same

personally appoint

authorized by an officer person suit in his stead may prosecute

as a

soldier to prosecute
it in person if in
;
or

defend do

the

manner

the

officer

or

soldier
or

could defend

present
on

solicitor.

he may of such

appoint
officer
or

solicitor to prosecute soldier.

the suit

behalf

CIVIL

PROCEDURE

CODE.

441

408.
or a

Processes

served
in

upon

soldier, as
as or

Section

any 406

person

authorized
or

by
any
on

an

officer solicitor

service

on

provided,
to
as on

upon

authorized,
""

or

appointed
such served
on

aforesaid

by

such
be
or

person

act

for, or
as

behalf had

of,

be^^ood"*"^

officer

soldier, shall

effectual

if

they

been

service.

the

party
an

in person

his solicitor.
is
a

409.

(i) Where
a

officer
summons on

or

soldier
to his

defendant,

the

Court

service

on

shall send purpose

The (ii)

cojay

of the served

commanding

officer for the

soidfere.^"

of

being
on

him. such
to is sent, after causing it to copy it is addressed, if practicable,

officer to the
it to

whom

be

served

shall return such

person

person the Court

whom with

the

MTitten

acknowledgment
so

of

endorsed
any
cause

thereon. the
which copy it cannot
was

If from (iii)
returned
cause

be

served,

it shall

be
-

to the

Court

which

has

by prevented
in any

sent, with

information

of the

the

service. under this

within

410. of arrest the

same

(i)Where,
or

proceedings
is to

Code,
the

warrant

Execution a

oi

other

process
or

be

executed

limits

of
with

an-esUn"^
cantonments,

cantomnent,
execution to the

barrack,
of such

military station,
warrant
or

the

officer

charged
deliver

other

process

shall

the

commanding commanding
his named

officer. officer shall

in the

(ii)The
process

back
case

the

warrant
a

or

other

Avith person

signature, and,
therein and

of

warrant

of arrest,

if the shall

is within

the

limits to the

of his officer

command,
so

cause

him

to be arrested

delivered

charged.

Chapter SUITS 411. verified director

In
on or

XXXII. CORPORATIONS.

BY

OR

AGAINST

suits behalf other

by

be signed and corporation the plaint may of the corjjoration by the secretary or by any principalofficer of the corporation who is able to
a case.

signature

otpilfnt!"^'

depose
412.
"11

to

the

facts of the the

suit

Where

is against
o

corporation, the
J.

summons

may
./

service

on

be

served

corporation.

(a) by leaving it corporation ;

at
or

the

registered
a

office

(if any)

of

the

(b) by sending it by post in corporation at the office, or, at the prmcipal office one,
such
or

letter
be

addressed
more

to

the

if there of

offices than

the

office be situated
;

within

the

Federated

corporation, whether Malay States

director
or

elsewhere

(c) by giving

it to

the

secretary

or

to

any

other

principal officer of the

413.
The

corporation.
suit
,

Court
f.,1

may

at any
,

stage of the
e -,.

require the personal

^,,
or

Personal attendance officer. of

-^..,

appearance

oi

the

secretary
answer

or

oi

officer of the

corporation

resident

any in the

du-ector

other

prmcipal

who

may

be able to

material

Federated Malay States questions relatingto the suit.

442

No.

15

OF

1918.

Chapter SUITS ON 414.

BY

XXXIII. AND OTHER PERSONS THAN THEIR CARRYING OWN. liable

OR

AGAINST IN NAMES

FIRMS

BUSINESS

Suing
name

of of firm.

partners in

or (i) Any two and carrying partners

more on

business
name

persons in of the

claiming
the
firm

or

being

as

Federated

Malay

States

ma}^

sue

or were

be

sued

in the at to
a

persons

action, and
for
were,
a

any statement the

partners party

the

time

of the
in

suit may

such (ifany) of which of accruing of the cause such case apply to the Court

orf the of the be

names

and

addresses of the
cause

at

time

accruing
and

of such Court

fi^rm, to
may

furnished

verified

in

who persons of action, partners the such manner as of the

direct.
sue persons sub-section or are

(ii)Where

sued

as

partners
case

in

the

name

of

their firm under

it (i),

shall,in the
to

of any

document certified
is

required by or under this Code the defendant, or by the plaintiff verified, or certified by any one
Disclosure of

be

signed,verified, or
document persons.

suffice if such of such

signed,

415. their

partners'
names.

by
names

or

of suit is instituted a by partners in the name (i)Where in demand their solicitor the shall,on -writing firm, or plaintiffs declare in writing the behalf of any defendant, forthwith on of all the persons and constituting the places of residence whose behalf the the
suit is instituted.

firm

on

Where (ii) demand

upon
an

comply under all proceedings in the sub-section made (i), applicationfor that purpose, be stayed upon such
or plaintiffs

their solicitor fail to

with any suit may, terms as

the

Court

may

direct. the
in the manner declared of the partners are sub-section (i),the suit shall proceed in the same
names same

Where (iii) referred

manner,

to

in

and had

the been
that

consequences
as

in

all

respects shall follow,

as

if

they
name

named
all the

in plaintiffs

the

plaint ;
continue
in

Provided the
Service
siunmons.

proceedings

shall nevertheless

of the Where
summons

firm.
in

of

416.

firm, the

sued as are partners persons either shall be served

one or more

the

name

of their

(a) upon

any

of the
at

partners,
the

or

(6) at

the

principalplace
on

which Federated
time

carried person

within
at

the the

partnership Malay States

service, the

busmess

is

having,
direct
firm
so

of

any upon control or

management
as

of the
;

partnership business
such service all shall
or

there,
be deemed

the

Court
upon
or

may

and

good

service
are

the

sued, whether
Federated
case

any

of the
;

partners
has been

within Provided

without

the the

Malay
a

States

that,
to

in

of of the

dissolved
of the

the

knowledge
summons

partnership before plaintiff

upon it is

Avhich
the

institution

suit, the

shall be served States whom

every to

the

Federated

Malay

sought

i^erson within, make liable.

CIVIL

PROCEDURE

CODE.

443
Section where firm
45 two under

417. the
more

(i)Notwithstanding
Enactments,
may
sue or

Contract
persons

in anything contained 1899 (Pahang, 1900), sued in the

name

of
or

Right

of suit

p^ner!'"^

be

of

the

foregoing provisions and any the institution or during the

necessary to

of such

persons

dies, whether
it shall

before
not
as

join
suit. in

the

pendency of any suit, legal representative of the

(i)shall
a

be
a

deceased

party

to

the

(ii)Nothing

sub-section

limit

or

otherwise deceased

right

which to to

the

legal representative of the

to be any
summons

affect any have may

(a)

apply
enforce
a

made claim

party

to

the

suit,

or or

(b)
418.
maimer

against
416,
notice
as

the
a

survivor

survivors.
in

Where
shall

is issued

to

firm

and

is served

the

Notice

in what

provided by
be
informed

Section

served such

by

every person upon in WTiting,given at

a

Avhom the

served. it is '=^P''"=i*^y

time

of

service, whether
control
or

he

is served

partner
the

or

as

person
or

having
in

the

management
in

of the of such
a

partnership business,
notice
person

both shall

characters, and
be deemed
to

default
as are

served

be served
persons

partner.
sued
as

419. Where
firm
any

partners
defendant when the

in to

the

name

of their
and
answer on

Appearance
*^"

at

and

on

the

day

fixed firm

for the
appears

partner of such
such

appear suit is called appearance

bearing.

for the

hearing,
firm. 420. Section the
and

appearance

shall

be

sufficient

by

Where
416

summons a

is

served

in

the

manner

provided by

No

appearance

of having the control or management person partnership business, it shall not be necessary for him to appear unless he is a partner of the firm sued. answer
upon

necSsar'l'^'^

421.
416 may suit

Any

the
the

denying that nevertheless, proceed against the may, requirements of Section 416 are complied
(i) Where
a

person served Avith file a written statement

summons

as

partner under Section he is a partner, but

firm vnih.

Denial

of

Partnership.

provided

that

422.
may be

decree

has

been

passed against a firm, execution

the

Execution

of

granted
any

a"^'.''"^''''
property
of
;

(a) against
Federated

partnershij)
in

within

the

Malay
person he is,or

States who who who

summons

(6) against

any that

has has has

admitted
been

his Avritten

ment state;
a

(c) against anj^ person the partner with

statement

been
and

adjudged to be, a partner individually served as

has not

filed

written

denying nothing
affect the in

that
this

he

is

partner.
shall 247 be

Provided limit
or

that

sub-section

deemed

to

otherA\ise
1899 the

Enactments,

provisions of Section (Pahang, 1900).

claims to

of the

Contract

(ii)Where
decree
as

decree-holder

be

entitled
than

to

cause a

the person

to

be

executed
to in

against anjsub-section
he

person,

other

such

is referred

(i),clauses

(") and

(c),as

being

partner
and

of the
the where person
or

firm,

where
or

leave,
of such
any

apply to the Court for leave so to do ; may is not liability disputed, the Court may grant such the liability is disputed, may order that the liability
be tried and
a

determined may
be

in

any

manner

in

which

issue

question in

suit

tried and

determined.

444
of

No.
Debts

15
a

OF

1918.
on

Attachment debts from

423.

owing
or more

from

firm be

carrying
attached such

business

within resident

the

owing
a

firm.

Federated

Malay
one

States

may

under
firm that may

Chapter XXII,
be
out

although
of the
the control

partners of

Federated
or

management

partner of
with
Suits between more or more on a

the

copy This

of

some Malay States, provided having person of the partnership business, or some the Federated firm within Malay States, is served the prohibitory order.

424.

Chapter

shall

apply
and

to
to

suits suits

between between

firm and firms

one

or one

co-partners.

of the

partners partners in
in

therein
common,

having

carry

business

in the

Federated
suits to

shall be
an

issued

such

j^rovided that such firm or firms Malay States ; but no execution except by leave of the Court, and, on
such

applicationfor leave
be

issue to

execution,
and

all such

accounts

inquiries may be just, given as may

Suit

and

directed

be taken

made

and

directions

against

425.

Any
States

person
in
name a

carrying person in business on

name

Malay
sued
as

name

otlier his
own.

in such the nature

business within carrying on or style other than his own firm name a or style as if it were
case

the
name

Federated
may be

and,

so

far

than

of

the

will

permit,
,

all sections

relating to

proceedings against

firms

shall

apply.
XXXIV.

Chapter SUITS BY OR AGAINST

TRUSTEES,

EXECUTORS,

AND

ADMINISTRATORS. 426.
or

Representation
of beneficiaries in suits

In all suits

concerning property
where
in

vested
is

in

trustee, executor,
the third
person, persons the

administrator,

the such

contention

between
a

concerning property vested in trustees,

etc.
"

interested beneficially

property

and

shall represent the persons so trustee, executor, or administrator it shall not them to make interested, and ordinarilybe necessary

parties to
them
Joinder of and or

the

suit.

But to

the

Court such

may,

if it thinks

fit, order

any

of them there
all be
are

be made

parties.
or

427. Where

several

trustees, executors,
a

administrators,
one or more

trustees,
executors, administrators.

they
them

shall
:

made

parties to
who and be have

suit

against

of

Provided and

that

executors

not

proved

their testator's the

will,

trustees, executors,
States Unless
or

administrators

outside

Federated

Malay
Ilusliand married executrix to not of

need
the

not

made

parties,
of
a a

428.
executrix

Court

directs otherwise, the husband shall

not

married

administratrix

be

party

to

suit

by

or

join.

against

her.

Chapter SUITS BY OR AGAINST OF 429.

person minor ;
as a

XXXV. MINORS MIND. shall be be instituted

the any
next

AND

PERSONS

UNSOUND
minor suit

Minor

to

sue

Every
who such
were

suit in

by
such

in

his

name

by
of the
suit

by

next

friend.

shall be

called
to pay

friend
in

person

may

ordered

costs

the

if he

the

plaintiff.

446
the
or

No.
Court and

15

OF

1918.
satisfaction for and
that

other

given security to its duly accounted thing

shall be
next

such

money

held

for the

benefit

of such
Next friend not leave
or

minor.

435.
to

(i) A
of
a

friend Court
with

or

guardian
into any to

for the

suit

shall not
or

without
on as

guardian
without of Court.

the

leave

of the
minor
or

enter

compromise

agreement
the suit in

compromise
he acts

behalf
next

reference

which

friend

guardian.
agreement
shall be
or

(ii)Any
leave the
Eetirement next friend. of

such

of the
minor.

Court

voidable

compromise entered into without against all parties other

the
than

436.
shall
not

(i) Unless
retire

place and
(ii)The
shall be

by the Court, a next friend procuring a fit person to be i)ut m his for the costs already incurred. giving security
otherwise ordered
without

first

next application for the appointment of a new the affidavit fitness of supported by an shcAvingthe also and has that he interest adverse to that no proposed

friend person of the

minor.
Removal friend. of next

437.
to

Where
of the interest

the

interest
or

of the
he

next is
so

friend

of

minor

is adverse
a

that

minor,

where

connected

with

defendant
it

whose that where

ceases

is adverse interest

to that

of the
be
or,

the he

minor's does
not

will

do

his the

duty,

to reside

within

Federated

minor to make as unlikely properly protected by him, or during the pendency of the suit, Malay States, or for any other made
the
on

sufficient cause, or by a defendant

application may
for his removal

be
;

behalf

of the

minor

and

Court the

satisfied (if
next

of the
to be

of the cause sufficiency removed accordingly.

Stay of proceedings retirement, removal, or
death friend. a of next

assigned) may
removal,

order

friend

438.
on

(i) On

the

retirement,

or

death

of the

next

friend

of of

a a

minor, further
next

proceedings shall be place.

minor next

stayed
omits

until the

appointment
steps, within

friend
the

in his

(ii)Where
reasonable for the
as

solicitor of such
to

to take

time,
in the

get
or

new

friend

interested Court
person
Retirement,
removal,
death the of for
or

minor

in the

matter

at issue the

appointment
fit.
the
or

of one,

and

appointed, any person apply to the may Court may appoint such
desires
to retire
or

it thinks

439.
not the

(i) Where
his

guardian
other such

for the
sufficient

suit

does

do

duty
may

where

ground
retire may
or

is made may

guardian
suit.

Court
may

permit
him

guardian
such of
costs

to
as

to appear, him remove

and

order

to pay

have

been

occasioned

to any

party by his breach

the
or a new

duty.
is removed

(ii)Where
the

Court

dies

appoint
Course followed to be

guardian for the suit retires or during the pendency of the suit, guardian in his place.
minor or a plaintiff, applicationis pending, the will proceed with elects
an

by
shall

the

Court

440.
whose

(i) A
behalf

minor
an

not

a on or

party

to

suit

on

by minor plaintiff or applicant on

shall
suit

elect whether

he

attainingmajority application.

attaining majority

(ii)Where
shall
to

he
for in

to

apply proceed

order
own

he proceed with the suit or a]i])lication, leave for discharging the next friend and

his

name.

CIVIL

PROCEDURE

CODE.

447
shall
in such
case

The (iii)

title
so as

of the

suit

or

application
thus
:

be

corrected "A.

to read
a

thenceforth

B., late

minor,

having
(iv) Where
if the
a

attained

by C. D., majority."
the

his

next

friend, but

now-

he

elects

to abandon

suit

or

appHcation,
order to

he shall,
dismiss the

sole
suit

defendant
next

sole ajipHcant, apply for an or plaintiff of the costs or application on repayment have or opposite party or which may

incuiTcd been

by paid by
ex

his

friend.

(v) Any
and
it must

application under this be proved by affidavit

a

section

may

be

made has

'parte

that

the late minor

attained

majority.
441.
to
as

(i) Where
the

minor he

repudiate co-plaintiff ;

suit,
and

shall

on co-plaintiff attaining majority desires his name have struck out to apply

where

minor

attaining^
^^Igp^Jj'^f
"'^

the

Court, if it finds that

from fit. served
;

he

is not terms

a as

necessary to costs

him party, sha,ll dismiss it thinks otherwise or as

the

suit

on

such

suit."

(ii)Notice
on

by
any

any affidavit The (iii)

of the application shall be and the defendant on tiif, co-plain

that costs the

on

the

next

friend,

and

it must

be

proved

late minor

has

attained
such

of all

parties of
had

proceedings theretofore
as

in the

majority. application,and of all or suit, shall be paid by such

party
to the

persons Court 442.

the

Court
the

directs.
is
a

(iv) Where
may

applicant
him
on

necessary
a

suit, the

direct
minor

to

be

made

defendant.
may,
next

(i) A
that
a

apply
on

suit instituted that it

was

attaining majority in his name by a

unreasonable
be
or

if

sole

where plaintiff,

suit
"^

friend be dismissed

rx^rcfper?"

the

ground
;

improper.
on

(ii)Notice
concerned

of the
and
or

application shall
the

served

all the

parties
of such

Court,

upon may in

being
grant
of all
the suit

satisfied
the

unreasonableness order order 443.

the next

impropriety,
to pay

and aj^plication

friend of

the costs done

partiesin
or

respect of
such

the

appHcation
as

and

anything
of
.

make

other

it thinks Where
...

fit.
a

execution
,.

decree
of
"-1

is

appHed
ij

for
a

representative, bemg
the suit of such minor
serve

mmor,

deceased

party,
the

against guardian
I-

the
"

Guardian minor tativeof

of

tor

represen-

shall
on

be

decree-holder 444.
m

shall

such

appointed by guardian notice

1-11'iiji

Court,

and

the

-^u^g^gntApplication this Chapter

persons unsound of mind. of to

of such

application, debtor.
apply
under
1

The
case

provisions of
!" p

this

the

.1

any

law

of persons for the time

oi

unsomid

Chapter shall,mutatis mutandis, mmd, adjudged to be so

being

in force.

Chapter SUITS 445. BY

XXXVI. PAUPERS.

instituted

Subject by a
"

to

the

followmg
is
to
"

provisions,
"

any

suit

may

be

Suite

may^
in
"-

be brought

pauper.
A

lormd
a

pauperis. Explanation.
sufficient in such
means

person
him
no

pauper

when

he

is not

possessed
for the

of

to

enable

suit, or, where

such

the fee prescribed pay fee is prescribed, when

by
he

law

plaint
to

is not

entitled

448
property
and the worth
one

No.
hundred
of the

15

OF

1918.
than his

dollars suit.

other

necessary

wearing- apparel

subject-matter
No

What

suits

446.

suit shall be

excepted.

for libel, slander, abusive

of

brought by a pauper to recover language, or assault.

compensation

Contents

application.

shall be Every applicationfor permission to sue as a pauper the particulars required by Section 41 and shall contain ^\Titing of any movable with or regard to plaints in suits ; a schedule immovable property belonging to the applicant,with the estimated it shall be signed thereto ; and value thereof, shall be annexed hereinbefore and verified in the manner prescribed for the signing and verification of plaints. 447.
in
of

Presentation

application.

Notwithstanding anything application shall be presented to

448.
person. the

contained

in

this

Code,

the
in

the

Court

by

the

applicant

Examination applicant.

of

449.
the

Where may,

applicationis
and
shall the

Court

if it thinks claim

in proper form and duly presented, the examine fit, applicant regarding the

merits
Rejection
of

of the
The where

property of

the

applicant.
sue as a

450.

Court

reject an
and
448 not

application to presented in the

;
a or

pauper

application.

(a)

it is not

framed
447

manner

prescribed

by (6) where
(c) where

Sections the
he

and

applicant is
has, within

pauper
two

or

the

months

next

before

the

presentation of the fraudulently or

to
sue as a

application,disposed of any property in order to be able to apply for permission

;
or

pauper

where {(l)

his he

allegationsdo
has
entered

not

shew

cause

of action with under in

or

(6) where
the

into of the

any

agreement
suit
an

reference
which

to any

subject-matter
person

proposed

other
matter.

has

obtained

interest

such

subject-

Notice for

of day receiving of

evidence

applicant's pauperism.

the Court to rejectthe application on sees no reason grounds stated in Section 450, it shall fix a day (ofwhich at least ten days' previous notice shall be given to the opposite the applicant may in adduce as party) for receiving such evidence which proof of his pauperism and for hearing any evidence may in disproof thereof. be adduced 451.
any

Where

of the

of Examination witnesses, and decision.

452.

(i) On
the

the

day
may

so

fixed,
examine

or

as

soon

thereafter

as

may

be

convenient,

Court
and

shall examine

the witnesses the

(ifany) produced
shall make
a

by

either

party
Court
on

applicant and
which

memorandum

of the

substance

of their evidence.
any

(ii)The
and the of the

shall also hear

argument

the

partiesmay

desire to offer

the question whether, on the face of the application evidence (ifany) taken by the Court as herein provided, the

application is required by
Court
sue

provisions of
allow
or

Section

450

to

be

rejected.
The (iii)
shall
as a

then jDauper.

either

refuse

to

allow

the

applicantto

CIVIL

PROCEDURE

CODE.

449
procedure
if

and is granted, it shall be numbered application suit the and the in the plaint suit, and shall be deemed registered under mstituted suit Chapter shall proceed in all other respects as a shall not be liable to pay any Court fee VI, except that the plamtifif (other than fees payable for service of process) in respect of any or other proceeding connected appointment of a solicitor, application, 453. Where the with the suit. The Court of which
may, at

'g^S!''"

454.
to the

defendant,

order plaintiff, he is if guiltyof (a) of the

suit ;

applicationby the least ten days' notice in writing shall be given the plaintiff to be dispaupered
of its
own

motion

or

on

Dispaupering.

vexatious

or

improper
are

conduct

in the

course

or

(6) if

that it appears continue to sue

has

his
as a

means

such
or

that

he

ought

not

to

pauper
any

(c) if he
has 455. Where
the

entered

into

agreement
in

with

reference
any

to

the

subject-matterof the
obtained the
amount
an

suit, under
such
in

which

other

person

interest

subject-matter.
the

succeeds plaintiff of Court

not
a

suit, the
have

Court been

shall

costs

where

calculate
the

fees which

would

per paid by ^'^"^p^ succeeds.

plamtiffif he
amount

had

been

such and

shall be
be

first charge on
to pay the this

shall also

recoverable under

permitted to sue as a pauper ; and the subject-matter of the suit, Government from by the party any
same,

ordered of suit 456. where Section have

as a

by
are

the decree recoverable the

in the

same

mamier

as

costs

Code.
in

Where the

fails plaintiff under

the

suit 95
or

or

is

dispaupered, or
96
or

Procedure ^^'^^'^'^'^ ^'i^^*^

suit is dismissed

Section

Section

Section

or made, under 101, the Court shall order the plaintiff, any person to the suit, to pay the Court fees which would 24, co-plaintiff

been

paid by
;

the

plamtiffif he
that the

had
suit

not
was

been

permitted
or

to

sue

pauper
also
or

and

if it find

frivolous

vexatious,

it may

dollars
may

with

with fine not exceeding one hundred punish the plaintiff for a term which imprisomnent of either description
to six weeks.

extend
An

457.

order

of refusal

made

under

Section

452

to

allow

the

Refusal

to.iiiow

shall be a bar to any subsequent applicant to sue as a pauper of the like nature by him in respect of the same application rightto shall but institute the be suit in the at to a applicant liberty sue ; in respect of such right, ordinary mamier provided that he first pays the costs by the oj)posite party m opposing his (ifany) incurred for leave to sue as a pauper. apj)lication 458. and of The
an

sueaspauper bars subsequent

"

uie

nature.

costs

of

an

for permission to application

sue

as

pau^ier

costs.

enquny

into

j)auperism

are

costs

in the

suit.

Chapter

XXXVIL

INTERPLEADER. 459.
the
same

Where

two
sum

or

more

persons
or

claim

adversely to

one

another

where

debt,
no

of money,
therein
or

who who

claims is
m"

interest

other pro^Jertyfrom another person other than for charges or costs and

RuH7uay'be
instituted.

ready
29

to pay

deliver it to the

claimant, rightful

such

other

450

No.

15

OF

1918.

claimants institute a suit of interpleaderagainst all the may person the to whom of obtaining a decision as to the person for the purpose

payment
himself. Provided

or

delivery shall
that where
any

be

made

and

of

obtaining indemnity
in which

for

suit

is
no

pending
such

parties
be
Plaint
suit.

can

properly
every suit

be decided,

suit

of

the rights of all interpleader shall

instituted. 460.
In

iu such

of

the

other

statements

interpleaderthe plaint shall,in for plaints,state necessary

in

addition

to

(a) that
in

the plaintiff interest claims no dispute other than for charges or

the
;

subject-matter
and
any

costs

(b) the
(c) that

claims there

made
is
no

by

the

defendants between

severally;
the

collusion

and plaintiff

of

the
Payment
of

defendants.

thintr claimed into Court.

Where is capable of being paid into Court the thing claimed shall so pay or placed in the custody of the Court, the plaintiff it before he can be entitled to any order in the suit. jjlace
or

461.

Procedure
where

defendant

is

suing

plaintiff.

of the in an defendants interpleader-suitis in respect of the subject-matter of such plaintiff in which the suit against the is pending suit, the Court plaintiff suit shall,on bemg informed by the Court in which the interpleaderhas been instituted, stay the proceedings as against him his and ; costs in the suit so stayed may be provided for in such suit ; but if, and in so far as, they are not provided for m that suit, they may be added to his costs incurred in the interpleader-suit.
any

462.

Where

actually suing

the

Procedure hrst

at

463.

(i)At
the him

the

first
the

hearing

the

Court

may

hearing.

(a) declare

that

defendants

is discharged from all liability to plaintiff in respect of the thing claimed, award

his costs, and that

dismiss
or

him

from

the suit ;
so

or

(h) if it thinks
all

justice
the final finds
that
so,

convenience
the

require, retain
of the the

partiesuntil
the Court enable

disposalof
the
it may

suit,

(ii)Where
other

admissions

parties or
title to the

evidence claimed.

it to do

adjudicate
as

thing
the

Where (iii) Court

so

such to

admissions

or

evidence

aforesaid

do not

enable

adjudicate,it
or

may

direct the

(a) that an issue tried, and

issues

between

parties be
lieu of
or

framed

and

{h) that
to

any

claimant

be made

in plaintiff

in addition

and
Agents
tenants

shall

originalplaintiff, ])roceedto try the suit in the ordinary

the

manner.

and tute insti-

may

not

inter-

Iiloader-suits.

to enable Chajitershall be deoned agents to to sue then- landlords, for the purpose tenants or ])rincipals, of compelling them other than to interplead with any persons landlords. making claim through such j)rincipals or persons
sue

464.

Notliing in this

their

Illustrations.

(a) A deposits a box jewels were wrongfully

B cannot

of

jewels with
from

B him

as

institute

an

by interpleader-suit against

obtained

liis agent. C A and claims

A

alleges that
them from

the B.

and

C.

CIVIL

PROCEDURE

CODE.

451
then duo C

(b)
for the
to C.

deposits

of purpose A afterwards

Both

B He his agent. box of jewels with as making the jewels a security for a debt is satisfied, and alleges that C's debt the B. claim B may institute an jewels from
a

writes
from

to

himself

trary. alleges the coninter-pleader suit

against 465. for the

the

and

C.

Where
costs

the suit is of the

or

instituted the Court projierly originalplaintiff by giving him

some

may
a

provide charge for charge on J.'o^f"'''^'^

thing

claimed

in

other

effectual

way.

PART SPECIAL

IV.

PROCEEDINGS.

Chapter SPECIAL

XXXVIII. CASE.

in the decision of any 466. (i) Parties claiming to be interested power to state *"""'^''^ into enter an question of fact or law may agreement in writing o^|;io"^ for the opinion of the stating such question in the form of a case Court and providing that, upon the findingof the Court Avith resjDect to such question,

(a) a

sum

the

of money fixed by the shall be paid by Court

;
or

parties or
one

to be determined

by
other

of the

parties to

the

of them

(b) some

in the or immovable, si^ecified property, movable shall be delivered of the by one agreement parties to the

other

of them
more

or

(c) one
some

or

of the

other

parties shall do, or in particularact specified

refrain the

from

doing,
into such the

agreement.

under this section stated shall be divided Every case (ii) and numbered shall concisely state consecutively paragraphs facts and specifysuch documents be necessary to enable as may Court to decide the question raised thereby.

467. for the

estimated

Where

the

agreement
the

is for the

doing, or
value

refrainingfrom

delivery of any property, or doing, any particularact, the

the
act

where

vauie

of

"ust'be"statel

has reference, shall specified

of the property to be delivered, or to which in the agreement. be stated if

framed in

468.

(i) The

agreement,

accordance

with
A\hich value

the

Agreement

to

be filed in the Court of this Chapter, may XJrovisions to entertain have suit, the amount a or jurisdiction is the same the amount as or subject-matter of which the of agreement. subject-matter

would of the of the

',,j,,f,'^ere
suit.

value

(ii)The
as as or a

agreement, when
one or more

so

shall filed,

be numbered

and

registered

suit between

and or plaintiffs, plaintiff defendants

;

of the parties claiming to be mterested, the other or others of them defendant as shall
the

and

notice than

be

the

a,greement, other

party

given to all the parties to it was or parties by whom

presented.

452
Parties to be

No.
Where
to the

15

OF

1918.

469.

subject to Court's diction. juris-

subject
statements

the partiesto it shall be the agreement has been filed, and of the Court shall be bound jurisdiction by the

contained

therein. shall be set down for

Hearing and disposal of

case.

470.
under far
as

(i)The case Chapter VI,

the
same are

the

provisionsof which

hearing as a suit instituted shall apjily to such suit so

the

applicable. j)arties

or

the Court is satisfied, after examination of Where (ii) it thinks after taking such evidence as fit, duly executed by them, (a) that the agreement was that (/")

and stated

they
same

have and

bond

fide interest
decided,

in

the

question

therein,

(c) that the

it shall in
an

is fit to be

proceed to

pronounce
upon

ordinary suit, and

judgment thereon in the same the judgment so pronounced

way
a

as

decree

shall follow. Chapter SUMMARY PROCEDURE ON XXXIX. CLAIMS DEMANDS. FOR DEBT OR

LIQUIDATED
Institution summary for debts o" suits
or

471.
to which

(i) In
this
a

all suits

liquidated
demands.

recover

debt

defendant, with (a) upon

or a

in the Supreme Court, or in any other Court seeks only to the plaintiff Chapter applies, where in money payable by the or liquidated demand without interest, arising or bill of exchange, promissory note, cheque, or bond,
a

upon

lease

or

upon

any
a

other

contract,

express

or

implied, for payment (h) upon

in
a

of

guarantee, where respect of a debt or

a

of money, or liquidated amount the claim against the principalis only, or liquidated demand

(c) upon
the be headed with

trust,
if the words
manner
"

plaint may,
the

signed
such

in the
case

plamtiff desires to proceed summarily, be Procedure," which heading shall Summary prescribedfor the signature of jilaints.In
shall be in the

every

the

summons

form

contained
the time

in the

form other as third 161, or in such schedule. No. the from in notification Gazette,may Commissioners, by

Judicial
to time

prescribe. in which In any case (ii) the provisions of with

appear hereinafter In (iii) aj)pearance entitled to
or

the

plaintand
he

summons

are

in accordance shall not

as

sub-section

(i),the
obtains and defend.

defendant from

defend

the

suit
so

unless

leave

the Court

mentioned default and

a

to appear

of

the
in

defendant pursuance
sum

obtaining
thereof
the

such

leave

or

of

defence

shall be plaintiff

decree

the summons, if no rate be

date of the

for any together with

not

interest

at specified,

the rate
a sum

of

in mentioned exceeding the sum at the rate specified (if any) or, to the eight per cent, per annum to be fixed

decree, and
than
in the

for costs
in the in

by

rule the

of the

Judicial claims

Commissioners
more

published
fixed
sum,

Gazelle,unless
case

plaintifi^
shall be

such

which such

the
may

costs

ascertained forthwith.

ordinary

way,

and

decree

be enforced

454
Procedure suits under in

No.

15

OF

1918.

Chapter.

Except as provided by Sections 471 to 478 (both inchisive), the procedure in suits under this Chapter shall be the same as procedure in suits instituted under Chapter VI.
the
of

479.

Application Chapter to
Courts of

480.

The

Resident

of

State

may

from

time

to

time

with

the

Magistrates.

the

approval provisions of
First

of the Chief

this

Class in such any such

Gazette, apply Secretary,by notification Chapter to any Court of a Magistrate of the State, and may, with such approval as aforesaid,

in the

cancel

notification.

Chapter PROCEDURE 481. BY

executors

XL. ORIGINATING of SUMMONS. deceased

WAY

OF

Originating
summons

(i) The

or

administrators under
any

person,
or

or

ing relat-

to express administration of the

a

of them, any them, and any

as as

and

the

trustees

instrument,
in the

any

of

estate

of

deceased

claiming to be interested of a creditor,devisee, legatee,or next-of-kin

person
cestui que
trust

relief

sought
or as or or

deceased such
an

person,

person.

under
or

the

trusts

of under

any any

instrument,
course

claiming by assignment
other
summons,
as

otherwise take

creditor

aforesaid, may person in Chambers, returnable

as

out

as

of

originating
nature
as or

for such be

relief of the

kind

following

may

by
case

the
may

summons

specifiedand
is to
say,
or

the

circumstances

of

the
an

require, that
of the
:

the

mination, deter-

without of the

administration
matters

estate

trust, of any

following questions or
any

{a)

question affectingthe rights or interests of any person claiming to be creditor, devisee, legatee,next-of-ldn,or
que
trust ;

cestui

(b) the

ascertainment
or

next-of-kin,
or

of any class of creditors, devisees, legatees, others ;

any
or

(c) the furnishing of

administrators

particularaccounts
trustees, and
;

the

by the executors vouching (where

in
;
or

necessary) of (d) the

payment
or

such

accounts

into

Court

of

any
or

money trustees

the

hands

of

executors

administrators
executors
or

{e) directing the

or as

administrators

trustees

to

do

abstain such

from

doing
or

any

particularact
or

in their trustees

character
;
or

executors of
;

administrators

(/) the
(g)
any

approval

any

sale, purchase, compromise,

of the

other

transaction

question arisingin the administration

issue of
a summons

estate

or

trust,

The (ii) with

or

under
or

this section vested such

shall not
in any

interfere

control
or

any

power

discretion
so

executor,
or

administrator,
may
Order for

trustee, except
involved

far

as

interference

control

necessarilybe Any
manner

in the particularrelief

sought.
section may

482.
in like
and

administration
of movable

of the persons in the last named and obtain for order an apply of tiie movable deceased

preceding
for immovable

immovable

property.

(a) the administration

of the

and

j^roperty

';
of the trust.

(6) the

administration

CIVIL

PROCEDURE

CODE.

455
under the last
Persons to be

483.
two

The

preceding
is to say
"

to persons sections

be

served

with

the

summons

in the

first instance

shall

be

the

following, ^^'''^'^^
trator adminis-

that
A.

Where
or

the

summons :

is taken

out

by

an

executor

or

trustee

of any (a) for the determination of Section or (a), (e),(/), (y)

.481

question under paragraph (i),the persons or one

interests
are

of the

persons

whose

rights or
of any
member

sought

to

be

afiPected ;

{b) for

the

determination
481

question under
or

of Section class ;

(i), any

paragraph {h) of the alleged member

under
in

(c) for

the

determination
481
;

of any

question

of Section
accounts

(i),any

person

mterested

paragraph (c) taldng such

(d) for

the

determination
481

of any person

question
Section

under

paragraph {d)
money
;

of Section

(i), any

interested

in such

(e) for relief

under

paragraph (a) of
or some

482, the
;

residuary
cestuis

legatees or (/) for

que
trustent
are

next-of-kin

of them

relief under
or

paragraph
some

(b) of Section
;

482, the

of them
than
one

{(j)if there
trustee
summons,
B.

more

executor

or

administrator

or

and

they
those

do

not do

all
not out

concur

in

taking

out

the

who

concur.

Where

the

summons

is taken
or

by

any

the

executors,

administrators,
trustees.

trustees,

person the said

other

than

executors,

administrators,or
484.
other the

(i) Any
written

person instrument

determination

the

instrument,

and

will or a claiming to be interested under originating for reirt'in"''^t apply by originatingsummons may of any questiolisof question of construction arising under '^"'^'^"'^'*'""of the rights of the persons for a declaration

interested.

(ii)The
served with

Court the

or summons

Judge
as

thereof
it
or

may may

direct
think

such

persons

to

be

he

fit. such evidence

as

The (iii)

Court

or

application shall be supported by Judge may require.

the

such to

Court or (iv) The Judge shall not be bound of if the question is construction, question be determined
on an

to not

determine
one

any

which

ought

originatingsummons.
be made
:

485.
summons

Any
an or

of the

or,

if made

followingapplications may in a suit, by summons

the
a

by originating originating
summons

(a) (6)

application for
without

trustee, appointment of a new vesting or other consequential order ;

a

with

relating to new trustees, vesting

f""*^
""

orTersrand
Court

an

for application
on

vestingorder,
of
the
a new

or

other

order

the

appointment
is made

trustee, whether
or

consequential the appointment

thereof
or

by

Court

by

Judge

out

of Court

456 (c)
an

No.

15

OF

1918.
other has

application for
any
case

vesting or
decree
or

where

order

consequential order in been passed or made

for

transfer of any immovable sale, conveyance, or the for or recovering any thing property or stock, or suing
action
;

the

in

(d)

an or

application relating to
matter.

funds

paid

into

Court

in

suit

other

applica-

tioii by originut-

ing

summons.

not application to the Court in its civil jurisdiction, and and defendant not being in a pending a plaintiff suit or matter, may be by way unless of originating some summons, other mode of procedure for such applicationis prescribedby written

486.

Any

being

between

law.
Court bound not
to

487.
order

It shall not
or

be

obligatory on
or

the

Court
on

or

Judge
or

thereof

administration.

to pass

make

decree

order, whether

summons

otherwise,
deceased mined deter-

for the
person,

administration if the without

of any trust or the questions between such decree

or

of the

estate be

of any

parties can

properly

order.

Orders may

whicli be made
on

488.
trusts
for o"

applications
administration
or

of execution or application for administration Upon an ment instrucreditor under or will, a or a beneficiary by intestacy, of trust
where
no or

accounts,
a

or

insufficient may,

accounts,
in

have to

been

execution accounts

trusts, where
no or

rendered,
powers

the

Court

Judge

thereof

addition

the

insufficient accounts been have

already existing,
that that the the

rendered.

(a) order
and

applicationshall
executors,
render accounts,
may to with

stand

over

for
or a

certain

time

administrators,
the
an

trustees

shall

in the

meantime

applicant
intimation to pay

of their
not

that

ment stateproper if this is costs

they proceedings ;
necessary

done

be

made

the

of

the

(6) where
or

to

by
no

persons

usual

decree

or

prevent proceedings by other interested, pass or beneficially order for administration, with
are

creditors,
make
a

the

proviso
or

that order 489. be

any any may An

proceedings
without leave

to

be

taken

under

such

decree

of the

Judge

in person, is necessary, ; but, where

Appointment
now summons

of

time

wiien
not

served

served time.

within

where originatingsummons, eight days before the return cause an originatingsummons may party eight days before the return be made
upon the
summons,
a new

service

shall from

thereof
not have

been
an

thereof,
a

served upon endorsement

and time

upon

copy

thereof

stamped
served

for service,
to attend the

appointing

for the

partiesnot
been

before

at Chambers,

and

such any

endorsement

shall be initialled served

the before

by
the

Registrar, and, where endorsement, the hearing be adjourned to summons,

party has
new

such

thereof the

may, time

upon

return

of

appointed.
be of
served
summons on

Service

of

originatinf;
Eummons.

490. An originating summons prescribed by Chapter VII

leave

shall for service

to

in

the

manner

and

may,

by
be

of

Judicial

C-ommissioner Malav

be

obtained

summons,

served

out

cif tlif T'ederated

States.

CIVIL

PROCEDURE

CODE.

457

Chapter SUITS 491. RELATING

in

XLI. PUBLIC CHARITIES.

TO State for
in any in that
or more

(i) Where
trust
or

any

breach

is

alleged of
a

any

express

or or

where

suits

constructive deemed

created
where the

public
State behalf

nature, religious

of purposes the direction of any

in

charitable of the Court

pubiicdiantics
may be

is

brought.

public
of such trust may

for necessary officer nominated State

or

administration

such

trust, any
Resident
in the

\\Titingbj^ the

any suit any

a

two

and

having
a

obtained
in the

the consent

persons in

having

an

interest

institute

Supreme
; ;
a

writing of the said Resident decree Court to obtain a

(a) removing

trustee
new

(6) appointing
(c) vesting
any

trustee in

property
shall

trustee

{d)

declaring what
interest therein trust
;

proportion

of the

be allocated

trust-property or of the to any particularobject

to

of the

(e) authorizing the

be
a (/) settling

whole

or

any
or

part of the trust-property

let, sold, mortgaged,

scheme
such

exchanged

; ;
or

for the
further
or

management
other reHef

of the trust
as

{y) grantmg
case

the

nature

of the

may

require.
Resident of
the

(ii)Neither
nominated
such suit.
as

the

State

nor

any

public
for costs

officer
in any

aforesaid

shall be

personally liable
in

No (iii)

Court

fees shall be this

public officer

under

charged Chapter.

any

suit

instituted

by

PART PROVISIONAL

V. REMEDIES.

Chapter ARREST AND ATTACHMENT

ARREST
BEFORE

XLII. BEFORE
JUDGMENT.

JUDGMENT.

492.

Where

at

any

possessionof immovable
or

suit for the a stage of a suit, other than property, the Court is satisfied by affidavit

where

bf tT recf^^red
fumish security for appearantc.

other

evidence the

on

oath
with intent to

(a) that
the

defendant,
any process

delay
or

the

avoid

of the

Court that

to

obstruct be

execution

of any

decree

may

to or plaintiff or delay passed against

him,

(1) (2)

has is

absconded about
or

or

left the
or

of jurisdiction
to

the

Court,

or

to

abscond

leave

the

of jurisdiction

the

Court,

458 (3)
has

No.

15

OF

1918. jurisdiction of part thereof, or

to

disposed
his the

of

or

removed
or

from

the

the

Court

property

any

(?")that

defendant under that

the

is about

leave

the

Federated
be

States

circumstances will plaintiff the the execution

or

affording reasonable
may

Malay probability
may be

thereby
any the

obstructed

or

delayed,in
may the issue
a

of
in

decree

that

passed against
the
him

defendant
to
cause

suit,
defendant should, and
not

Court before

warrant to

arrest

the he

bring
furnish

Court

shew

why
be

securityfor
Provided the
officer

his appearance. that the defendant with

as

shall not
execution
to

arrested

if he

pays
any
sum

to

entrusted
the warrant shall
or

the

of the

warrant

in sjDecified and

sufficient in

such

sum

be

held

claim the plaintiff's satisfy the until suit the Court deposit by

is

disposed
Order for
or

of

until the

further

order

of the

Court. such
or

493.

(i) Where
him
answer

the defendant
either the at any to

fails to shew

cause,

the

Court

deposit

shall order sufficient to his

security.

deposit in Court against him,

Avhen time

claim

money to furnish or upon

other

property security for

the suit is

appearance

called

while that

pending may such order as it against him in the suit, or with have been paid by the wliich may regard to the sum under the proviso to the last preceding section.
and until

satisfaction

of any shall make

decree

be

passed
fit

thinks defendant

(ii)Every
himself which
I'rocedure
on

surety for
in may

the

to

pay,

default

the

defendant

shall bind of a defendant appearance of money of such appearance, sum any in the suit. to pay be ordered of
a

494.
time

(i) A surety for the

the

application by surety to be discharged.

apply to discharged from

(ii)On
defendant
arrest

Court

appearance in which he

defendant such

may

at to

any

became

surety

be

his

obligation.
made
the

such
to

applicationbeing
appear, first instance. appearance
or on

Court
issue

shall
a

summon

the

or,

if it thinks

fit, may
defendant

warrant

for his

in the the
or

On (iii)
summons

of the
his

in

pursuance

of the shall shall

voluntary surrender, the Court his obligationand direct that the surety be discharged from call upon the defendant to find fresh security.
warrant,
Procedure '.\liere defendant fiiils to furnish

495. Section
in the
or

Where
493
or

the

defendant

fails to

comply
may

with

any

order

under

Section

494, the Court

the decision shall be

order

that

he be detained

civil

security
fresh

lind

prison until
that
any
no case

of the detained

suit. in

security.

Provided
section in

person

prison
or

under

this
nor

for
than

longer period
when

than

three

months,
value

for

longer period subject-matter of the

a

six weeks

the

amount

of the

suit
no

does

not

exceed

five hundred in

dollars.

Provided
this
Subsistence defendants arrested. of

further after he

that has

person

shall be detained with

as

prison under
for

section

complied

such
to

order. allowances

496. the

The

subsistence

arrested

provisions of Section 332 of judgment-debtors under this Chapter.

payable

shall

apply

to

all defendants

CIVIL

PROCEDURE

CODE.

459

ATTACHMENT

BEFORE

JUDGMENT.

497.
affidavit

(i) Where
or

at

any

stage
on

of

suit

the the

Court

is satisfied with
./

by

where bo

other
or

evidence

oath

that

defendant,
that
may

intent
J.

nTqliTrcd'

to obstruct
,

deLay the execution

of any

decree

be passed

fumLsu security
fgj. production of property.

against him, (a)

is about
or

to
remove

dispose of
the the
same

the whole from

or

any

part of

his

property
the

to

the
or

of jurisdiction

Court

in

which

suit is

pending,

of (6) has quitted,or is about to quit,the jurisdiction leaving therein property belonging to him,
the

the

Court,

Court may direct the defendant, Avithin a time to be fixed by the be specified in in such Court, either to furnish security, sum as may the order, to produce and the of when the at Court, disposal place such portion or required,the said property or the value of the same and thereof as may the decree, or to appear be suificient to satisfy
shew
cause

why

he

should

not

furnish

security.

shall, unless the Court otherwise directs, specify (ii)The plaintiff the property required to be attached value thereof. and the estimated
The (iii) attachment 498.
not the

Court

may

also
or

in

the

order

direct

the

conditional
so

of the whole the

any

portion of the
fails to shew
the may

property
cause

specified.
he
should
Attachment

(i) Where
fixed

defendant

whv

furnish
time

security, or

fails to furnish

by
may

the

Court, the Court

as

security required,within order that the property

sufficient to

^own oT^'^"''
security not

or specified,

such

portion thereof
be

appears

satisfy any
the it has

decree

which

passed

in the

suit, be attached.
or

the such defendant shews cause (ii)Where or required security, and the property specified any been attached, the Court shall order the attachment

furnishes

portion of
to be

withdrawn. for
Moje of making

499.
the

The

attachment

shall

be

made

in the

manner

provided

attachment Where

of property in execution
any

of

decree. before hereinattached

attachment.

500.

claim

judgment, such before provided

in execution

claim for the decree order order

shall be

preferred to property attached investigated in the manner of claims to property investigation

is

investigation

of

propert*y

"^^jtf^euV^'^
withdrawal of

of

for the payment

is made the

of money. before withdrawn

mth is dismissed. not
not

501.
the

Where
shall

an

for attachment
to be

judgment,
when

Court

attachment

the

^*ien'^sTcur
fnniished
or

defendant
the costs

furnishes of the

the security required, together

or

security for

attachment,
before
the

when

the

suit

502.

Attachment

judgment

shall

affect

the

rights. Attachment
suit,
of
"or

not

existingprior to
nor

attachment,

of persons

parties

to the

stTanl'm,'*
bar decreefor

bar

any

applying
of such 503.

from holding a decree against the defendant person for the sale of the property under in execution attachment

applying
^^'""

decree.
Where

property

is

under

provisions
favour
for execution

of this

of the

Chapter and a it shall not plaintiff,

of such decree
to

of the by virtue Property ""'^*"" subsequently passed in ci'^pter' be necessary an application need not be upon exe^cutioifof of the apply for a re-attachment attachment
is

decree

"

property.

decree.

460

No.

15

OF

1918.

COMPENSATION

FOR

IMPROPER

ARRESTS

OR

ATTACHMENTS.

Compensation
for

504. before

(i) Where,

in has to

any

suit

in

which

an

arrest

or

attachment

obtaining
or on

arrest

judgment
it appears

been
the
on

effected,
Court
that

attachment insufficient

(a)

such

arrest
or

or

attachment

was

grounds.

appHed (6) the

suit

for

insufficient

grounds,

of the
there
was

that

fails,and plaintiff reasonable no ground

it appears

to

the

Court

for

institutingthe
award

suit,
the
the

Court

may,

on

the

applicationof
such reasonable
to

plaintiff by
expense
or

its order
a

amount,

dollars,as
the

it deems

injury caused
a

against exceeding one thousand for compensation to the defendant him by the arrest or attachment.
the

defendant,

not

Provided
amount

that
it

Court

shall not
in
a

award
suit for

under

this section

larger

than

might

decree

compensation.
any suit for compensation

under (ii)An award in respect of such

this section
arrest
or

shall bar

attachment.

Chapter TEMPORARY INJUNCTIONS ORDERS.

TEMPORARY

XLIII. AND

INTERLOCUTORY

INJUNCTIONS.

Cases

in which on

505. oath

Where

in any

suit it is

proved by
a

affidavit

or

other

evidence

temporary injunction may be granted.

(a) that any property in dispute in wasted, damaged, or alienated

or

suit

is in

danger
to
or

of being the

by
of
or

any
a

party
to

suit,

wTongfully
the

sold in execution

decree,

{h) that
the Court act,
or

defendant

threatens,
a

intends,
to defraud

remove

or

dispose of his property with

may

view

his creditors, such and

or

by
the the

order

grant

temporary
for
the

injunction
purpose

to restrain

make

such

other

order

of

staying
the

preventing dispositionof disposed of or

Injunction
restrain otlier of contract to a

wasting, damaging, property as the Court

further orders.
suit for
or

alienation, sale, removal,

thinks fit until
suit

is

until any in

506. breach

(i) In

breach
or

of contract

injury.

is claimed the commencement to the

the defendant from committing restraining injury of any kind, whether compensation after time at any the suit or not, the plaintiff may, after judgment, of the suit and either before or other for
a

apply

Court

temporary
the breach
or

injunction
of contract

to
or

restrain

the

defendant

from

committing
or

of, or
out

of the

same

breach any contract

may of

of contract
to relating

injury of
same

plained injury comlike kind arising or

the

property

riglit.

(ii)The
as

Court

by
the
as

order

to

the

duration

injunctionon such terms injunction,keeping an account, giving

grant such
Court
to
an

otherwise, or security,
In (iii)
case

the

thinks

fit,
under this

of disobedience
505
or

injunction granted
of the terms

section

or

Section

of breach

of any

imposed, the

462

No.

15

OF

1918.

(6) for

all

or

any upon

of the

to enter

of any

other
or

aforesaid, authorize any person purposes land into or or buildingin the possession any such suit to party ; and
of
the

{c) for

all

any to be

purposes
or

aforesaid, authorize
observation may
seem

any
or or

samples experiment to expedient for

or

taken,
be the

tried,
purpose

any which

to

be

made

necessary full

of

obtaining
as

information

evidence. contained provisions hereinbefore mutatis mutandis, to persons apply,

to execution

(ii)The
process
under
Application
such be for

of

shall

authorized

to enter

this section.

513. Section

(i) An
511
or

application by
Section

the

plaintifffor
after notice of the for
a

an

order

under the

oi'ders to

after uotice.

defendant

at any

512 may after institution time the defendant the

be made

in

writing to

suit.

(ii)An
after
summons.

applicationby notice in writing to

Where
the

like order time

at any jalaintiff

be made may after service of the

Deposit
money, in Court.

of

514.

etc.,

thing capable
such money
or

of

subject-matter of a deliveryand any party other thing as a trustee

suit

thereto

is money admits

or

some

other he

that
or

holds
that it
to
or

for another

party,

belongs or is due to another party, the Court may order the same be deposited in Court delivered to such last-named or party, with without subject to the further direction of the Court. security,
Chapter APPOINTMENT 515. the XLIV. OF
to the

RECEIVERS.
to be

Power

of Court

(i) Where
may

it appears

Court

just and

convenient,
after

to appoint receivers.

Court

by
a

order of any

(a) appoint
decree

receiver

property, whether
the

before

or

(6) remove
(c)
commit

any
;

person

from

possession or

custody

of the

property
the

same

to
;

the
and

possession, custody, or management being

an a

of the receiver

{d) grant

to

the

receiver, not
other
on

salaried

officer
such

of the
fee
or

Government
commission way upon suits

than rents
as

official

receiver,
the thinks

the

and the
as

profitsof
Court
to

of remuneration
him and

property by fit,and confer

and

all such for

tlie

powers

bringing

defending

protection, tlie propcuty, of the preservation, and improvement coUeciion of the rents and profits thereof, the application
management,
and of

realization,

disposal of
documents,
as as

such
the

rents
owner

and fit.

and profits,
has
or

the such

execution

himself

of those

powers

the

Court section

thinks

(ii)Nothing
the
the suit has not

in this

authorizes

the

Court

to

remove

from

possessionor custody
a

of property any
to
remove.

person

whom

any

party

to

present right so

CIVIL

PROCEDURE

CODE.

463
Duties of

516.

Every
to

receiver

so

appointed
what he

shall
as

(a) furnish

such

security (if any)

for
;

the

Court
in

thinks

fit,duly
the

account

shall

receive

respect of
such

property

(h) submit
the

his

accounts directs
;

at

such

periods
him
as

and

in

form

as

Court
the

(c) pay

amount

due
any
or

from

the

Court
to the

directs ;

and

(d)
517.

be

responsible for
his wilful

loss occasioned
gross

property by

default

negligence,
Enforcement of

Where
to

receiver submit

(a) fails

his Court
amount the

accounts

at

such

periods
as

and

in

such

"Xi!"^'^

form

as

the the

directs, or
due from
him the

{b) fails

to pay

Court

directs,or
or

(c) occasions
the Court

loss to

property by his wilful default

and
may any

gross

negligence,
property
found
the
to

may and be due

may

direct his property to be attached apply the proceeds to make from

him to the
or

sell such
amount shall pay

good by
the him

balance, if any,
518.

any receiver,
a

loss occasioned

and

(i) The
for such

Resident

of
time
an

State
to

may,

with

approval
in the

of the
Gazette

powerof

Chief

Secretary, from
State Code, of this

time

by

notification
or

^p*^o|ntoff
receivers.

appoint
purposes

official receiver,

official receivers, for the

name

Such official receiver (ii) or by office,and one State

or

or

receivers may official receiver

be
may

appointed either by be appointed for a

of

whole
a

different

official receivers

for the different districts

State,
From (iii)

and
or

after the

appointment
Court
the than

for

any

State

district,no
other

of any such acting under

official receiver this Code shall

or

appoint any person, to be a receiver district,

be, for any

official receiver

for such
the

State
case

witliin such

State

or

as district,

may

of the purposes

of this Code,
allowed

(iv)
revenue,

All remuneration

by
and

the

Court

to any

official receiver
the

shall be

paid

into

the

Treasury
a

shall form

part of

public
Chief

(v)

The

Resident
time

of

State

may,

with

the

approval
in the

of the

Secretary,from
of remuneration
and within

to time

by

notification
such and
no

Gazette

fix scales

to be such

allowed
the

within

State

to official

receivers,
allowed

thereupon
such

remvnieration,
Courts.
shall

other, shall be

State official but the

by

(vi) No security ;
receiver

receiver Resident

be
a

required by
State
may

any he

Court
any

to

give
fit.
such the

of
to

require
may

official
think

within each
may

such

State
there fixed

give such securityas

shall the be

(vii)In
salaries
as

State
be

jiaidto
of

official receivers the

approval

of the

Chief

by Secretary.
receiver to

Resident

State, wdth
in

(viii) Every official

shall, in any
the

matter

which Court

he

is

appointed appointed

receiver, conform

directions

of the

which

him.

464

No.

15

OF

1918.

PART REMEDIES OF

VI. LANDLORDS.

Chapter TERMINATION OF TENANCIES RENT.

NOTICE TO

XLV. AND DISTRESS FOR

QUIT.

Expiration
notice.

of

for a term than by the tenant, otherwise has the landlord thereof remained or premises to unpaid for not less than fifteen days after payment thereof became due and still remains of an unpaid, then, in the absence express notice the partiesto the contrary, to quit stipulationbetween any be shall, if the length thereof given by the landlord to the tenant otherwise sufficient,expire on such day as may by the terms of the be appointed for the expiration thereof, whether notice such day coincide with the termination of some period of the tenancy or not. Where
rent

519.

due

certain, of any

house

DISTRESS.

Inte

retation.
"

520.

In
"

this includes

Chapter,
any

unless

inconsistent

with
a

the
to

context,
execute
a
"

Bailiff

person

authorized

by
"

Court

warrant
means

of distress under

this

Chapter,

and

officer in

possession
a

the person lawfullyin possessionof property under of attachment in execution of a decree.

No

warrant

levy

of

521. the

No

distress of

shall be levied this

for But

arrears

of rent
in

except under
this

distress under

except
this

Chapter.

provisions applies to
(a)
rent
or

Chapter.
of the Rulers

nothing

Chapter

due
to

to any

of the Federated Federated

the

Government
;

of the

Malay States Malay States or

of any

of them for
a

(h)

rent

due

period

anterior

months of the
Who may

of the

tenancy

application under

completed immediately preceding the date this Chapter.

to

the

twelve

apply.

522.

Any

person
or

house any hereinafter

rorm of

claiming to be premises may apply

bo

entitled for
a

to

arrears

of rent of distress

of
as

warrant

mentioned.

523. any
suit the

The

application shall
which
arrears
"

application.

Court for the word

would

have

by affidavit to jurisdiction
landlord

and
hear

may and
as a

be

made

to
a

determine

claimed.
and

It shall be entitled the shall form

may be

suit, adding
tlie

tenant with

Distress," defendant, and

variations

and plaintitT third

it shall be in the

in the

schedule,

such

as

circumstances

require.

Attorney apply.

may

524. such
case.

authorized

applicationmay be presented by any attorney or agent writing to levy distress. The document appointing be either attorney or agent may general or for the particular
in

The

Such

power
as

may

be in the

form

in the

third

schedule,

with

such

variations
time

circumstances

may

require,and

shall be

produced

at the

of

api)lication.

CIVIL

PROCEDURE

CODE.

465
to

525.

The

Court
the within

may

order

warrant

of distress
is the

be issued
it shall in

or

issue

oc

may returnable

refuse

application. If a warrant six days and shall be in

variations of such
in
or as

issued,
form
may

be

^^'"""t.

the

third

schedule, Avith such

526. movable
iu the

circumstances the house

require.
the
mentioned
or wimt may ^'^'^'=''be

(i)In
warrant

pursuance and
as

warrant

Bailiff shall seize

or

found jjroiDerty

upon

the

premises

in the may

aj)parent possession of the

in the said

defendant

such
cover

part thereof
the amount

Bailiff's

of the

rent

judgment be together with the

sufficient to
costs

of the

said distress.

(ii)The

Bailiff shall not

in actual
;
use

seize in the

(a) things

hands

of

person

at

the

time

of the seizure

(h)

tools and

implements
in
or

not

in use,

where
or

there

is other

movable
to

property
cover

such

upon and amount

the

house
costs at
an

premises
;

sufhcient

(c) goods

of temporary of

guests
a

inn

(d) goods
(e) the

lodgers in

furnished

lodging-house;

debtor's
in the

necessary

wearing-apparel ;
of the law
person
;

(/)goods

custody
to
a

{g) goods delivered

his

carried, MTought, worked

trade, 527.
The
or

exercisinga public trade to managed in the A^ay up, or

be of

seized in
sary,
remove

Bailiff may the property impound or other\Anse secure the with the rent premises chargeable upon or, if necesthe
same.

Power

to

"r

remove.

seizingany property under Section 526, the Bailiff shall an inventory of such property and an approximate valuation thereof and shall give a notice in writing in the form in the third such variations circumstances schedule, with as require, to may the defendant, if he be upon the premises, or to any who person
make
may such

528.

On

inventory
estimate

an.i

of

value.

be there
person

on on

the the

defendant's

behalf

and, if there shall be

no

premises, the Bailiff shall post the notice in some as conspicuous place on the premises and shall,as soon may be, file in Court copies of the said inventory,valuation, and notice.
notice

Such

shall state

the date

of the intended

sale.

529. be the

(i)The
owner

constituted
time any notice to the

defendant, or property attorney of such

of any
five

other person any seized under this defendant

such
or

alleginghimself to Chapter, or the duly

person,
may at

Application to '^'^'''^^'^se.

other

on days from twenty-four hours' seizure, plamtiffsettingout the ground on which the claim is the warrant of distress founded, apply to the Court from which issued to dischargeor suspend the warrant to release a distrained or or article,and the Court may discharge or suspend the warrant such terms it may release such article accordinglyupon think fit. as

within

The (ii)
in

person he

againstwhom
seized
in claims

an

order

under
a

this section
suit to

is made

respect of property
result
Ill"

may

institute

establish

the

right which
the 30

of such

respect of such if the order suit, any,

property, but, subject to

shall be conclusive.

466
When

No.

15

OF

1918.

projicrty

530. the such

(i)In

default

of

shall be sold.

property
notice. auction

shall be between

sold

order to the contrary, the distrained any in the on day and at the place mentioned this of 8
at the
or a.m.

All sales under

the

Chapter
and door

shall be

made notice

by public
of every

hours

sale shall be

posted

6 p.m., and of the Court.

a

Penalty.

Any person making (ii) provisions of this section of a Magistrate, to Court

531. exceeds
be

abettmg
fine not

sale in contravention
on

of the the dollars, seized

shall be
a

liable,

conviction
one

before

exceeding
of sale shall sales under

hundred

Property exceeding
one

Where
one

the

approximate
dollars,
to

vahiation
the

the
be

property
conducted Auction

hundred
to

hundred licensed

by

an

dollars sold

auctioneer

conduct

the

Sales

by licensed

auctioneer.

Enactments, 1905, or other statutory provision for the licensmg of of auctioneers, and in other cases by the Bailiff, For the purposes sale the distrained be removed to the auctioneer's property may sale room other suitable or place, and any property remaining
unsold shall be removed. after satisfaction without of the distress
to

and

the

expenses

thereof
it
was

returned

delay
the

the

place

from

which

Application
proceeds

of

532.

The

Bailiff shall of the

apply

of sale.

of the costs

distress,then
be

of sale, first in payment in satisfaction of the debt, and the

proceeds
to

surplus (ifany) shall shall keep a record of

thereof.
Provision distress of for

returned
sums so

the

defendant. and of the

The

Bailiff

all

received

application jointly or by
of those shall

533.

Where

right
m

to

distrain his

accrues

to

persons
be
names

by

one

joint ovvneis.

together interested
any
one or

any

premises, such
in
own name

right may
and and
the

exercised

of such

persons

be a him, jointly together levy the the defendant recovered for to amount complete discharge ; but the Judge may in any case require the party so applying to produce a written authority to distrain,signed by the other persons jointly or together interested with him.

interested

with

the

or

Eepresentative fiduciary
of

capacity

issuing person distress.

of rent accrues to persons arrears right to recover in of the or representative fiduciarycapacity,as case executors, of lunatics, administrators, guardians of minors, committees receivers, the official assignee, chargees in possession, or trustees, such persons distrain under the provisionsof this Chapter for the rent due, may
a

534.
a

Where

in

whether

the

same

accrued

due

before

or

after

the

date

on

which

they acquired
Lessee

such may of

representativeor
distrain
rent may term

fiduciarycapacity.

against

535. 536.

Lessees Arrears

against under-lessees.
be
or

under-lessee. Distress term. after

distrained
at

for

after

the
same

end
manner

or

determination
as

of any
term
or

tenancy
had
not

will in the ended the

or

if such

tenancy
distress from

been

determined of the

provided possession of
Landlord's
claim to be satisfied.

that

such the

be made whom

during
the
be

continuance
are

tenant

arrears

due.
any

537.
under

No
any

movable \\arrant

property shall
of execution of decrees from

removed

from

premises

for the
any of

execution the of the

any Court, other than warrants in favour of .the Chief Secretary or of

Federated
said

Malay
States

States
or

or

the

Ruler

thereof till the

or

the for

Government

of any

of them,

claim

CIVIL

PROCEDUKE

CODE.

467
entitled to receive not in any

the rent the

case

due

to the

landlord,
due

or

lessor,or
that
such

person

rent, is satisfied ; the amount exceed

Where
.

provided
property
issue such the

claim

shall

for the

last six months' liable

to

rent.

538.
rent after

movable
time
seizure

otherwise
warrant
''

distress
or
'

for

procedure where
IS

is at the before

of the
under any

of any

of distress, under
any seize such

there-

property
iiuafr

already

warrant,
warrants warrant Avhere

seized

warrant

seizure.

of execution

from but

Court,
a

Bailiff shall not

are

movable of the officer

property
same

shall, unless
copy

both

in

the

hands
to the

officer,deliver

of the

of distress the
warrant

in

possession,who
execution

shall of
a

(except
decree

of

execution
or

is for the

in favour

of the the

Chief

Secretary
or

of any of the Federated Government of the said

moneys to arise

Malay
States

States
or

or

Ruler

thereof
out

the
first

by

any

sale of such of such

of any of movable
to

them)

of the

of the mentioned
in

expenses

sale, pay
mentioned

property, after payment the Bailiff the amount

the
costs warrant
rent

such

warrant amount

of distress

with

of the

same

provided
shall amount
on

that

if the the

in such

of distress

exceed

amount

due
rent

for

six

months'
no

of six months' distress. The officer in

and

costs, and

more,

last past, the shall be paid

the 539.

possession,upon
upon

receiving such

copy

of the

Notice
'"

by

officer

warrant
to

of distress,or for also the

him

shall
which

levy, shall (by delivermg

property
such such
was

of distress being delivered warrant any his solicitor and notify the decree-holder or
notice in writing upon the premises in a seized)notify the judgment-debtor of the

t*"^^"^*'""-

receipt of
;

warrant

of distress
or

and

the

amount

claimed

under there-

judgment-debtor, or either of them, may apply to the Court to discharge or susjiendthe warrant of distress within the time and in the manner provided by this of Chapter for applications to discharge or suspend warrants
distress. 540.
warrant

and

decree-holder

Where

any

execution

of distress upon the forthwith, before giving up

notice

paid off a,fter service of a copy of a officer in officer in possession, such officer shall ^'"vfiioti"e* possessionor leaving the premises, give payment off of
execution. Tenant

is

thereof

to the

Bailiff.

541. (i) If any tenant in possession or or lessee, or person which of rent is due, occupation, of any on an arrear jiremises recoverable by distress,shall carry away, or cause or permit to be carried away, from the premises any property liable to be seized for
such

evaiUns

remova/o^i
goods.

rent,

so

as on

to
a

prevent
summary

or

hinder

the

distraint

of the
the

same,

Judge

may, authorize the

application supported by
warrant

affidavit,
persons under the

officer
him to

executing a
wherever

of distress and
such

acting under
warrant

follow, take, and

it may

seize be

property
within

of distress the

found

thirty days

from deal from

day
such

of removal,

exclusive

of the

day

with

distrained which

and,

property as if it had been if advisable, to replace the

have

of removal, and to found the jDremises on

same on

the that

premises
an

it may warrant

been

removed.

Provided such
in

officer

executing a
and
seize removed any

any

such
any
or

of distress may, property found such

without

authority,follow
the
same

by

him

act

from house

premises and

before

the

is

being placed in

of

other

building.

468 (ii)An
in the

No.

15

or

1918.
under such this section variations
as

applicationand
in the

an

authority

forms
may

third

seliedule,with

be may stances circum-

require.
such

Goods

removed

542.
has been

Where removal
nor

property,

or

any

part thereof,

so

carried

away

sold hondfidr.

sold bond

after
be

knowing
to hinder

fideand for a sufficient consideration, before or from the premises distrained, to any not person of knowing that the same liable was having the means
for rent
or or was

distrained

carried

away

so

as

to

prevent
or so

or

the landlord
as

lessor from been the

so

the distraining, not

same,

much

thereof

shall have

sold, shall
or

be

seized

or, if

seized,

shall be restored
Deserted

by
the

officer

Bailiff

distraining. premises
premises,
nor

543.
is and
rent
a

(i) Where
neither

rent

reserved

premises.

full three-fourths where

the

of the value

yearly
of the

in resjicctof demised value of the demised

year

payable
shall
or

hundred

in respect of the dollars, if the tenant desert the demised

premises by the tenancy by the year

shall
be in
arrear

the

exceeds

three months

for two the

same can

and

premises
no

and

leave

vated unculti-

unoccuj)ied so
arrears on

that

sufficient distress

be

had

to

satisfythe
Class
may,

supported by
enter
on

of a Magistrate of the First of rent, the Court lessor or his agent, the applicationof the landlord or order an affidavit,make authorizing the Bailiff to
any

the

premises, breaking

doors, windows,
found
to

or

gates (if
with
no

necessary) and, if the ]3remisesare sufficient distress therein, to take

notice

be

deserted

thereon

in

contrary
will be the Court that
an

is shewn
over on

given

may, the

charge thereof and to affix a to the a conspicuous place that, unless cause within ten before the Court days, the premises such is shcAvn, to the applicant ; and, if no cause proof of the fact of desertion, of non-payment
rent is the

of at least two and make of the order

months'

applicant the Bailiff to put the applicant in possession directing shall become void. and demise the premises, applicationand
third
an

of sufficient distress, last due, of want landlord lessor of the premises, or

An (ii) forms
may

order

under such

this section
variations
as

in the

schedule, with

be in the may circumstances

require.
PART APPEALS. VII.

Chapter APPEALS 544. IN this of

a

XLVI. FORM.
affect the

ORDINARY shall

Scope

of

(i) Nothing
from the

in

Chapter
Judicial

procedure
to the

on

Chapter.

appeals Appeal.

Court

Commissioner

Court

of

Appeals from the Court of a Penghulu to the Court of a (ii) inanner Magistrate of the I^'irst(Jlass shall be heard in a summary The at little and with procedure present as formality as possible. in to any continue shall in force in such force, subject appeals

470

No.

15

OF

1918.

STAY
Order for

OF

PROCEEDINGS

AND

OF
as so a

EXECUTION.

slay

551. the
may

(i) An

of execution.

decree

appeal operate appealed against except in

nor

shall not

stay of proceedings under

far be
as

order,
an

shall

execution

of

decree

appellate Court stayed by reason only

the decree
;

the

of

appeal having Court may ai:)liellate

decree.

been

preferred against
cause

but

the

for sufficient

order

stay of execution

of

such

Where for stay of execution of an application is made (ii) appealable decree before the expiration of the time allowed api^ealingtherefrom, the Court which passed the decree may sufficient cause order the execution to be stayed. being shewn No (iii)
section

an

for
on

order

for

stay of execution

shall

be

made

under

this

unless the Court

making

it is satisfied

loss may result to the party applying for (a) that substantial unless the order is made stay of execution ;

(b) that the application has delay ; and

(c) that

been

made

without

unreasonable

security has performance of

upon

been such

given by
decree
as

the may

for the due aj)plicant ultimately be binding

him. contained
in

(iv)Notwithstanding anything
Court
may

sub-section

make the

an

ex

parte order

for stay of execution

the (iii) pending the

hearing of
Security
of order execution decree in for o"
case

application.
an an

552.

(i) Where
which

order
is

is made

for the

execution which the

of

decree

against
decree

appeal

appealed

shall,on
be has be
or

sufficient furnished been value the

cause

pending, the being shewn

restitution in execution

Court

by

passed the appellant, require

against.

security to
may

for the

taken of such

of any property which of the decree, or for the for the due performance appellateCourt may for decree
to

payment
like
cause

of the

property, and
;
or

of the decree

of the

appellateCourt
Court which

the

direct

passed
made and
an

the

take

such

security.
(ii)Where property in
such
to
an

order

has of
a on

been decree
the

for the

sale of immovable

execution

decree, the
Court

sale shall made otherwise

apj^ealis pending against applicationof the judgment-debtor

be stayed, thinks
on

the

which

the
as

order

such

terms

as

to

giving securityor is disposed of.

No

the Court

until the fit,

appeal
552

security to

553. shall be

No

such

security as
the

is mentioned

in
or

Sections from
a

551

and
or

be required from the Government from

or

required from

Chief

public

olEcers.

oHicer sued in pul)lic any in his official capacity.

respect of

Secretary act allegedto an

State

from him

be done

by

PROCEDURE

ON

ADMISSION

OF

MEMORANDUM

OF

APPEAL.

Registration
memorandum of

of

appeal.

(i)Where appellate Court

thereon
a

554.

a or

memorandum the

of

appeal
shall

is

admitted,
shall

tlie

jiroper

officer of that

Court

endorse
in

the to be

date

book

kept
book

of presentation and for the purpose. shall be called the

registerthe appeal
Civil

(ii)Such

Register of

Appeals.

CIVIL

PROCEDURE

CODE.

471
before
on

555. the

(i) The

Court api^ellate
is called the upon

may

in its discretion, either

and
answer or

Appellate

Court

respondent the application of securityfor the costs

Provided
which

to appear

afterwards

"pp^euant'to
furnish

of the Court
is

the respondent, require from appellant the of appeal,or originalsuit, or of both :

security

that

the

shall

require such
of the

security

in all

cases

in

the
is not

and

Federated

(ifany)
Court

to

appellant possessed of any sufficient immovable Malay States or within the Colony relates. which the aj)peal
such
the

residing out

Federated

Malay

States
the

property
other
than

within

the property

Where (ii)

security is
Court
shall

not

furnished

within

such

time

as

the

orders,

reject the
is

appeal.
any costs

Where (iii)

such
have

security

furnished,

for

which

surety
as

may in execution

rendered

of the decree the

be recovered liable may of the api^ellate Court in the same

himself

from
manner

him

if he 556.

Avere

appellant.

thinks

appellate Court, after sending for the record if it poweito after fixinga day for hearing the apj^ellant or f^fthout selidhi that day, notice to lower his solicitor and hearing him accordingly if he appears on dismiss the appeal without sending notice of the appeal to the may without decree the appeal is preferred and Court against whose serving notice on the respondent or his solicitor.
(i) The
so

fit

to do, and

to

other day or on day fixed under sub-section (i), any be adjourned, the appellant does not hearing may in person or by his solicitor when the appeal is called on for appear hearing,the Court may make an order that the apj)ealbe dismissed.

(ii)If
which

on

the

the

The (iii)
to the

dismissal

of

an

appeal
decree

under
the

this section

shall be notified

Court

against whose

appeal

is

preferred.
Day for hearing appeal.

557. last

(i) Unless the appellateCourt dismisses the appeal under the preceding section, it shall fix a day for hearing the appeal.
business

of the

(ii)Such clay shall be fixed with reference to the current Court, the place of residence of the respondent, and
for the
service

the allow
on

time the such

necessary

of the

notice

of

appeal, so
answer

as

to

respondent day.
558.

sufficient time

to appear

and

the

appeal
Section

(i) Where
decree

the shall

appeal
send

is not

dismissed

under

556, the

Appellate

court
*"

Court apjiellate whose the

the

notice

of the

aj^pealto
the

the

Court

against comrwhose^
are

is preferred. api^eal is from

'\^'T|jg^"i''
records of -which

not

a appeal appellateCourt, the Court receiving such notice in the all practicabledespatch all material shall send with papers be for the called ai^pellate by specially suit, or such papers as may

(ii)Where

Court

deposited in

the

Court.
Either apply in writing to the Court against whose party may (iii) in such of the papers the appeal is preferred,specifyingany such of be made to and which he of copies Court ; requires copies the and the shall be made at of, ajoplicant. given to, expense papers

decree

559.

(i) Notice

of the

day

fixed under

Section

557

shall be
be the

appellateCourt-house, and a like notice shall up decree to the Court against whose appellate Court
in the

sent

posted by the appeal is

rubiication

ami

oUia7for''"
hearing

appeal.

472

No.
be

15

OF

1918.

preferredand shall the appellate Court

service
on a

served

on

the

in the

manner summons

respondent or on his solicitor in provided in Chapter VII for the

to appear

defendant

of

and
to

answer

; and

all

the

provisionsapplicableto
to

such

summons,

and

with x^roceedings service of such

reference
notice.

the

service

thereof, shall apply

the notice
to

to the

(ii)Instead
decree

of

sending
is
on

the

Court

against
may

whose
cause

the

appeal
to

the appellate Court preferred, the

to.

itself

the

notice

be served

respondent

or

his solicitor under

the

provisions above
Contents notice. of

referred
to

560.
not

The

notice in the

appear
ex

respondent shall declare that, if he does will Court on the day so fixed,the api)eal ajopellate
the
PROCEDURE ON HEARING.

be heard

parte.

Order

of

561.

(i) On
be

the

hearin".

hearing may the appeal.

(ii)The
hear

day fixed, or on any other day adjourned, the appellant shall be heard
shall then, if it does
not

to in

which

the

support of
at once,

Court

dismiss and

the
in

appeal
such

respondent against the appeal, shall be entitled to repty. apjDellant

Where

the

case

the

appellant, or
respondent,
does not appear.

(i)Where hearing may or by his person

the the Court Where (ii) appear, the Where
may

562.

day fixed, or on any other day to which adjourned, the appellant does not appear in for hearing, solicitor when the appeal is called on dismissed. make be order that the an appeal
on

the

be

appellant a,ppealshall be
on

the

appears heard ex
or

ajid

the

respondent
other

does

not

'parte.
on

Where notice served not in of

quence conse-

563. the

the

appellant's
failure
to

dcjiositcost.

that the notice to the is found be hearing may of the failure of the respondent has not been served in consequence appellant to deposit,within the period fixed by the Court, the sum required to defray the cost of serving the notice, the Court may make order that the appeal be dismissed. an Provided has
not

day fixed, adjourned, it

any

day

to

which

that

no

such

order

shall be

made,

although
any

the

notice

been for

served
appears

respondent
called
Re-admission of on

the upon in person

respondent, if on or by a solicitor

such the

when

day the appeal is

hearing.

appeal
missed default.

di.-sfor

55G sub-section Section is dismissed under 564. Where an ai)peal Section apply to the 562, or Section 563, the appellant may (ii), it is of the appeal ; and, where appellateCourt for the re-admission from appearing proved that he was prevented by any sufficient cause when the appeal was called on for hearing or from depositing the sum so required,the Court shall re-admit the appeal on such terms
as

to costs

or

otherwise
it
a

as

it thinks to

fit. Court
at

Power

to

565.
person

Where who
was

appears

the

the

adjourn
and persons

hearing

direct

party

to the

suit in the Court

hearing that any against whose decree

appearing
interested
to

be made

respondents.

a party to the appeal is preferred,but who has not been made the Court is in interested the result of the appeal, may appeal, Court and the fixed the future be to to a by adjourn hearing day direct that such person be made a respondent.

the

CIVIL

PEOCEDURE

CODE.

473

appeal is heard ex "parte and judgment is given Be-hcarinson against the respondent, he may apply to the appellate Court to ^^J^n'^'e^J^^ re-hoar the appeal ; and, if he satisfies the Court that the notice was against whom "^^"^^ not ,'ilaae'^"^ duly served or that he was prevented by any sufficient cause from appearing when the appeal Avas called on for hearmg, the Court shall re-hear the apj^eal such it terms to costs or otherwise as on as thinks fit to impose upon him,
an

566.

Where

567.

against
Court have

(i) Any respondent, though part of the decree, may any

decree
on

he

may

not the

uj^on

supj^ort the
below taken

objection in
of the service the
as

grounds decided objection to the decree he of appeal, provided that by way within the appellate Court month one
any

of the

have appealed upon iipirinc, hearmg not only ob^ect'to"ieCT if he had against him in the
as

but

take

any

which has

he

could such
date

separate

appeal,

filed
the

from
559

on

him

or

his

solicitor under

Section within

of notice further

of

day fixed for hearing the appellateCourt may

the
see

appeal,

or

such

time

fit to allow.

Such objection shall be in the form of a memorandum, (ii) provisionsof Section 547, in so far as they relate to the form of the memorandum of appeal, shall apply thereto. contents the

and and

the Unless the respondent files with objection a written (iii) the be affected from who by such acknowledgment party may his of received solicitor a thereof, the objection or having copy such Court shall be to as cause a copy served, as soon appellate may be after the filing of the objection,on such party or his solicitor at the expense of the respondent.

shall, so far as \\\eycan (iv) The provisionsof Chapter XLVII made applicable,apply to an objection under this section.
568. has Where the Court of the
suit

be

reversed

disposed in appeal, the

the in the
case,
case

of against whose decree an appeal is preferred Eemand the decree is and courtr"^*^" a point preliminary upon appellateCourt may, if it thinks fit,by order
case

remand
tried

and
so

may

further and

direct what shall send

decree its

issue

or

issues

shall be

remanded,
the

and
with

order

to the

Court

against whose
and

a copy judgment the appeal is preferred

of its

directions

to re-admit suits

suit under

number original
the suit

in the

the j^roceedto ; trial the recorded shall, subject to evidence, during original all just exceptions, be evidence during the trial after remand.

registerof civil

determine

and

if any,

569.

If

upon

the that

hearing
a new

of

appellate
Court that
a

Court

appeal it shall appear any trial ought to be had, the

that
the

to

the

Orfierfomew

appellate

may,
new

if it thinl^s fit, order

trial be had. the

decree

shall

be set aside and

570.
the

Where

evidence

upon

the

record

is sufficient

to

enable

where

evidence

judgment, the appellateCourt may, sufficient, appellateCourt to pronounce the suit, may^fetemine the issues, if necessary, finallydetermine resettling suit. notwithstanding that the judgment of the Court against whose decree the appeal is preferred has proceeded wholly upon some the judgment of the aj^pellate ground other than that on which Court proceeds.
after

474
571. has Where the Court
to frame
or

No.

15

OF

1918.
decree the

Where

againstwho.se
try
any

appeal is preferred
any

appellate Court
frame may issues and refer tliem for trial to Court decree whose

omitted

issue, or

to determine

question

appealed

against.

essential to the appellate Court to the right of fact, which appears the suit the of the if decision merits, appellate Court may, upon refer the same and issues for trial to the Court frame necessary,

against whose
direct

decree

the

appeal

is

preferred and
evidence
and its

in such

case

shall
such

such shall

Court

to take

the additional

required ;

and

Court
to the

proceed to try such issues Court together with a.ppellate

therefor.

shall return

the evidence
and

findingsthereon
form
time

the

reasons

Findings
evidence

and to be

572.
in the

(i) Such
suit
;

evidence

and

findingsshall
a

part of the record

to

put

on

record.

within either party may, of appellateCourt, present a memorandum and After (ii) the

be fixed
any

objectionsto

by the finding.

memorandum

expirationof the period so fixed for presenting such the shall proceed to determine the appellate Court appeal
ora,l
or

appeal.
Production additional evidence in of

(i) The partiesto an additional evidence, whether

573. Court. But if Court

shall

not

be entitled

to

documentary,
the which

in the

produce appellate

appellate
Court.

(a) the

against whose
to
or

decree

refused

admit

evidence

appeal is preferred has been ought to have

to

admitted,

(b) the
or

appellate Court
any Avitness
or

requires any
be

document
to

be

produced
j^ronounce

to

examined other
such

enable

it to

judgment,
the

for any
may

substantial evidence
or

cause,

appellate Court
or

allow

document

to

be

produced
Court
to

witness

to

be examined. evidence Court

is

Whether (ii)
be

additional

allowed record

by
the

the
reason

appellate
for
its

produced,

the

shall

admission.
Mode of

taking

574.

Wherever

additional
may

evidence take such

is

is allowed

to be
or

produced,
the

the

additional evidence.

appellate Court against

to the

either the take

evidence

direct

Court

whose

decree

appeal

preferred, or
and to send

Court, to

such

evidence

ordinate subother any it when taken

appellate Court.
Where additional and record evidence
is directed
or

Points define:!

to bo and

575.
the to

allowed

to be

taken,
is

appellateCourt
be confined

shall specifythe
on

points to which

the evidence

recorded.

its

proceedings the points so specified.

IN APPEAL.

JUDGMENT

Judsjmenfc
where when and

576.

The

solicitors

and
in

pronounced.

appeal
to

or

appellate Court, after hearing the parties or their on referringto any part of the proceedings whether is preferred, the Court against M'hose decree the api^eal
may be

which

reference
in open

considered
at
once

necessarj^
or on some

shall

pronounce

judgment
which
What may

Court

either

future

day,

of

notice The

shall be

given

to the

partiesor

their solicitors.

judgment
direct.

577. the the

the decree

confirming,vaiying. or reversing judgment may or, if the partiesto against which the appeal is pjvferred, form liich the the decn^e in to shall take, w aj^peal appeal agree as decree accordingly. appellateCourt may pass a

be

for

CIVIL

PROCEDURE

CODE.

475

578. No
any
case

decree be

shall be reversed
in

remanded,
of the

partiesor causes proceedings in of jurisdiction

varied, nor shall No reversal, substantially of account appeal misjoinder of lomanalor^ any action defect, in any or or error, irregularity any F''"J' suit not merits the of the the afrecting'mcri affecting case or
or on
"^
.

the

Court.

or

jurisdiction.

DECREE

IN

APPEAL.

579.
on

(i) The
the

decree

of the
was

which

judgment
shall

appellateCourt pronounced.
the number

shall bear

date

the

day

Date teuts

and

con-

of decree.

The (ii)
names

decree

contain

of

clear

descriptions of the appellant and of the relief granted or other specification

and
amount

the appeal, the respondent, and a adjudication made.

decree shall also state the The (iii) af"pealand by Avhom, or out of proportions such costs and the costs (iv) The decree shall be signed and the

of costs

incurred
in

in

what
in the

property, and
suit
are

what

to

be

paid.
to

dated

by

the

Registrar.
furnished and
at
Copies
of

580. the

Certified
on

copies of the application

of the

decree
to

parties
A

the

appeal appellate by
the of

in

shall be Court

their

funifsued'to
parties.

expense.

581.

copy

decree, certified

the

appellate Court, shall be sent to the Court appealed against and shall be filed with
in the suit, and an entry of the judgment of civil suits. in the register shall be made

which

Registrar of the certified copy passed the decree sent^^to^comoriginalproceedings wiiose decree the appellate Court against.
this be
on

582.

(i) The
the
same

appellate Court
powers,
as are

shall shall

Chapter,
the
same

and

appeals under perform as nearly as may

have,
in

Appellate

court

powersas"^
courts of

duties,

conferred

and

imposed

by

this

Code

Courts

in respect of suits instituted under of originaljurisdiction jurisdiction. far as may be, the word so Chapter VI ; and, in Chapter XXIV, to include a plaintiffappellant or plaintiff shall be deemed defendant" a plaintiff-respondent defendant-appellant,the word "suit" an defendant-respondent, and the word appeal, in or proceedings arising out of the death, marriage, or insolvency of parties to an appeal. shall apply to appeals contained The provisions hereinbefore (ii) this Chapter so far as such provisions are under applicable.
" " "

583.
or

Where

party entitled
a

otherwise)
to

under

decree

benefit (by way to any under passed in an apj^eal

same,

of restitution
this

Execution

of

Chapter appelLte
Court
court.

desires which and

obtain the

execution

of the

he shall
the

passed
such

decree
shall to

against

which

appty appeal was

decree

to the

Court

appeal according
execution

the proceed to execute the provisions herembefore in

preferred ; jjassed in
for the

contained

of decrees

suits.

Chapter PAUPER 584.

XLVII. APPEALS.

entitled under this Code to who other law or Any person may any the who is the unable for to fee required appeal, pauperf^ prefer pay memorandum of appeal, may present an application accompanied
an

476

No.
a

15
and

OF

1918.
may

by

memorandum
in

of

appeal

be

allowed

pauper,

all matters, subject to the provisions of Chapters ai^jjlication, far as those provisions are so applicable. Provided
a

including the

appeal presentation of
to

as

such
in

XXXVl

and

XLVI,

that

the Court and of the

that

perusal thereof
sees reason

shall reject the judgment and the decree

or

unless, upon application, decree appealed against,

to law
or or

it

to think

is contrary

to

some

usage
Inquiry pauperism.
into

having
The

the

force

of law

is otherwise

erroneous

unjust.

made

be inquiry into the pauperism of the applicant may the orders of the under the Court by appellate or, the appeal decision appellate Court, by the Court against whose is preferred : allowed to sue Provided or appeal as that, if the applicant was decree the appeal is preferred, in the Court a pauper against whose further inquiry in respect of his pauperism shall be necessary, no unless the appellate Court to direct such cause inquiry. sees 585. either

PART

VIII. AND REVIEW.

REFERENCE,

REVISION,
Chapter XLVIII.
AND
on

REFERENCE
Reference of of law of
a

REVISION. of
a

586. of
a

Where
any

before

or

the

hearing
or

suit

or

in the

execution

question
to Court Judicial

decree
on

question
Lower the

of law,

usage

arises

which

Commissioner.

the
its

decree
own

any entertains
or

Civil Court

having trying the

any the with
a

the
suit

force
or

of law, of

executing
either

reasonable
on

doubt, such
case

Court of the

may,

motion

application of
and

parties, draw
which doubt
on

up a statement is entertained

of the facts of the and refer decision such of the

point on
its
own

statement,
Court of

opinion

the
Court decree decision Court of .Judicial Commissioner. may
con-

point, for the

The Lower
in the
or a

Judicial

Commissioner.

pass

587.

Civil Court

may

either such the

case

tinpent upon
of
a

proceed
a

case,
an

decree of
or

make Judicial

notwithstanding order contingent

Commissioner
on

stay the proceedings or reference, and may pass

the

upon

decision
;

of the
but
no

Court decree
is made

point

referred
such

order
until

shall be executed the

in any

in which

reference Court

receipt of
of

of
.Tudgment
Court of
a

Judicial
The

Commissioner

copy the upon

of the

judgment
after

of the

reference.

of

588.

Court

Judicial

Commissioner,

.fudicial Commissioner be and transmitted

case

parties if
to so

they
and

appear

and

desire to be
a

referred

shall

transmit

signature of the
of

Registrar,to the
Court
in

heard, shall decide the cojiy of its judgment, under Court by which the reference
the with the decision of the

hearing the point

the
was

disposed

accordingly.

made

and

such
case

shall, on

receipt thereof, proceed

Court

to

dispose of
a

the

conformity

of

Judicial 589.
The

Commissioner.

Costs

of

costs, if any,
of
a

consequent
Commissioner referred
is

on

reference
be

for the

decision
case.

reference.

of the

Court Wlicrc

Judicial
casc

shall to the

costs

in the
a

Power

to alter,

590.

Court Court
or

of
may

Judicial

Commissioner cou'rtmaklng
reference. casB

under

this and

Chapter,
may

the

said

return

the

foi amendment

alter,cancel,

set

aside

any

decree

478
To whom for be

No.
the
or

15

OF

1918.

applications
review made. may

Except on important matter

arithmetical for reviev/ than
to be
error

595.

ground
evidence
on

of the
as

discovery
or

of such
some

new

and
or

aforesaid

of

clerical

apparent
decree
or

the

of

order
the

face of the decree, no shall be made to any decree

or

the

Judge
;

who but
or

passed
any

made ordered his

reviewed the Section

The

such the

applicationmay,
order of has

application Judge other the order sought if the Judge who

notice to

passed
under
Form review. of for

decree
597

made

issue

be (ii),

disposed

by

successor.

application

provisions preferring aj)pealsshall apply,

for review. 597.

596.

hereinbefore

contained

as

to to

the

form

of

mutatis

mutandis,
that there

applications
sufficient

Application
where

(i)Where
for
a

rejected ; where

ground
should record

it appears to the Court it shall review, rejectthe is of

is not

ai^plication.
the
same,

granted.

Where (ii) be with

the Court

opinion
grant
reasons

that

granted,
his
own

it shall

the

hand

his

for such

applicationfor review and the Judge shall oj)inion. previous notice

appear review

Provided

that
such

[a)

no

to

the

applicationshall be granted opposite party, to enable

in

without
him to
a

and

be

heard
is

support of the decree

for ; and

or

order,

of which

applied

(/") no

the such ground of application shall be granted on evidence which the applicant matter or discovery of new be within his knowledge or could not not alleges was passed produced by him at the time when the decree was strict proof of such allegation. order made, without or

Order

of

rejection not appealable. Objections to order grantinj; ajiplication.

not

(i)An order of the Court rejecting the application shall be appealable ; but an order granting an application may the that the to was on ground application objected
598. be

(a) in contravention

of the of the of

provisions of

Section

595 597

; ;
or

{h)

in contravention

provisions of Section thirty days

from the sufficient
cause.

(c) after
Such (ii) order

the
or

expiration
order and

date

of

the

decree

without

the

be taken at once objection may the or application granting may against the final decree or order passed or Where (iii) the

by
be made

an

taken

appeal against in any appeal

suit.

in the

of application has been rejected in consequence to he for order to an a])plicant appear, apply may the rejected application restored to the file, have and, A\'here it is he satisfaction of the that the Court to was prevented by proved from such sufficient cause application A\as appearing when any to the called on for hearing, the Court shall order it to be restored
the

failurt; of the

fil(^ upon

such
a

terms

as

to

costs

or

otherwise
same,

as

it thmks

fit and

shall

appoint

day
shall

for

hearing

the

(iv) No
599.
on

order

be made

under been

sub-section served
is
on

in writing of the
Prooedure for review. case or

applicationhas
and register
in

the

unless notice (iii) opposite party.

a

When make

an

application for rev^iew

order

granted,
may at

note

thereof the fit.

grant of application

shall be made

in the

the Court

once

re-hear
it thinks

such

regard to the

re-hearing as

CIVIL

PllOCEDURE

CODE,

479
on on an a

600.
for L'
a

No
review

to ai3plication
or a

review
or

an

order
or

made made

application Bar
review

of certain

decree

order

passed

shall

^pp'^'a^ions.

be

entertained

PART

IX.

Chapter

L.

MISCELLANEOUS. 601.

(i)The

Resident from

of

State

may,

by
in

notification Court
in such

in

the

Resident

may

Gazette, exempt
any him person
to

personal

appearance

State

from'" pfr^Jjs

the

withdraw The (ii) Resident Resident

whose rank, in the opinion of exemption, and j)rivilege such privilege.

names

of such
may,

by
so

Resident, entitles personal like notification, court!*"'^

and

residences

of the
time

persons be

exempted
forwarded
persons

of
to

State

shall,from
Court the
within

to time,
a

by the by such
shall be of the

the

Supreme
reside

and said

list of such
a

kept
said
each

in

such

Court
as

State, and

list of such

persons

within State

the which

local limits

of the

Court

in

the

said

is subordinate

of jurisdiction the to Supreme

Court

shall be

kept

in such

subordinate

Court. claims the

to

Where (iii)

exemption
commission,

and

so exempted any person it is consequently necessary

privilegeof
examine him

such

by
the

he

shall

pay

the

costs pays

of the

commission,

unless

jjarty requiring his evidence

602.
to

such

costs.
Procedure

(i)Where
Court of
a

in

case

such

sufficient
a

Court
in

Magistrate
193, Section
Section

pending before any Court there appears ground for sending for investigationto the charge of any such offence as is described
196, Section 199, Section 208, 474, Section
may

certahrofieffe
requires '"^'^^*'="'*'""-

Section

200, Section

205, 476,
in

Section

206,
477
or

207,
Penal

Section

Section

209,
in the in to in

Section

210, Section
or

463, Section
of the in

471, Section
Code
any which

475, Section
evidence
be

Section
case

be made offered

course

of the the

respect of
may
cause

document
the person

case,

the

Court

charged
him

detained
to

then send rising of the Court and may the Court of a Magistrate or take sufficient bail before the Court of a Magistrate.

till the

custody

for his aj^pearance

(ii)The
Public

Court

shall the
bind

send

to

the

Public
and

Prosecutor

or

Deputy
to

Prosecutor
and may

evidence
any

documents
to

relevant and

the

charge
before

over a

person

appear

give

evidence

the

Court Court
it

of of

Magistrate.
a

The (iii)

proceed
Public 603.

with

Prosecutor The
as

Magistrate shall receive according to law, and it shall be or a Deputy Public Prosecutor
contained
in

such
the to

charge duty of
"with

and the

prosecute.
such
Forms.

forms

the

third
may be

schedule,
used

variations

circumstances the

require,

for the

purpose

of carrjang out shall be found

may

provisions of this Code, and, if no such applicable,then such other similarlyconcise

the

forms
forms
to

be used

as

Judicial

Commissioners

may

from

time

time

prescribe.

480
Assessors in

No. (i) In
may, suit any if it thinks

15

OF

1918.
or

604. Court
suit
as

relatingto salvage,towage,
and fit, upon to

collision the

suits relating to salvage, etc.

request of either
its

party
such of
;

to such
manner

shall,
the

if

possible,summon
rule

assistance,
the

in

Judicial

Commissioners,

with

approval
assessors

the

Chief such

Secretary, by
assessors

prescribe,two
and assist
assessor

competent

and

shall attend such

accordingly,
such the fees fees for his attendance
with

Every (ii)
as

shall receive Such

case

the

Judicial the

Commissioners,

Secretary, by
the
Procedure where person be arrested to
or

rule

prescribe.
Court
in each

shall

approval of the Chief of be paid by such

as j)arties

directs.

605.
arrested

(i) Where
or

that

property
attached within States Federated but

to be is

of this
person

Code resides States

to

shall be that any an application is made person under provision property shall be attached any any such of decrees, and not relating to the execution
or

the

such

property
the

is

situate

within

the

Federated
the its

Malay
"

out-

Malay
Court and such
or

but

outside
the

local limits make

of the
the
an

of jurisdiction Court
may, in

side jurisdiction of the Court

which
a

application is made,
of arrest the
or or

applied

to.

discretion,issue
send to the
or

warrant

order

of attachment

Court

within
resides

local limits
is situate amount
a

of whose
copy

jurisdiction
warrant costs

person

property
with

of the

order, together
or

the

probable

of the

of the

arrest

attachment. Court
or

Such (ii) the the

arrest

shall, on
which

receiptof
to

such

attachment

be

made
or

by

copy its own

and

amount,
or

cause

officers and
warrant

shall of

inform

the
or

Court

issued

made

such

order

arrest

attachment.

The (iii)
person

Court

making
to

an

arrest

under
which

this section the

warrant

shall send of arrest

the
was

arrested he should the

the

Court
cause

by

issued, unless he shews

to the to the

satisfaction
or

of the former unless latter

Court

why

not

be sent his

sufficient

security for
case

latter Court, before appearance

he furnishes Court
or

the

Application of Cliajiter XXII.

Chapter XLII) for satisfyingany decree that may be passed against him by that Court, in either of which the Court cases making the arrest shall release him. shall apply to the 606. (i) The provisions of Chapter XXII the the of a person of any for arrest execution or judicialprocess sale of property or payment be ordered of money, which by may in any Civil Court civil proceeding. a In the same Chapter the expression Court which passed a (ii) (where
is
one

under

"

decree,"
decrees be deemed

or

words

to that is

shall,in relation effect,

in the

to the execution

of

unless
to

there

anything repugnant
to

subject or context, passed

in the

include,
the

(a) where
and

decree of

be

executed

has

been

exercise

the Court appellatejurisdiction, of first instance

to execute
was

of first instance,
exist to the

(b) where
have
suit

the

Court

has

ceased Court

to

or

jurisdiction
wherein the
time

it, the

which, if

Application provisions
to relating

of

witnesses.

institutetl at passed were of execution for the application making suit. the decree, would such have jurisdiction to try and XVIII of Chapters XVI 607. The relating to i)rovisi()iis shall apply to all persons witnesses required to give evidence or to in any proceeding under this Code. produce documents

decree the

the

of

CIVIL

PROCEDURE

CODE.

481
service
summonses

608.

Summonses
in the any His

issued

by

any

Civil Court

of in the

(a)

Colony, or
State
in the

issued

(6) in

Malay

Peninsula

under

the Protection

of

Mara^sutes.

Britannic
in

notification

the Chief Secretary, by Majesty to which the operation of this the Gazette, extends

section,
if sent
to the

Courts

in the Federated

Malay

States

may

be served

as

if they had 609. under

been

issued

by

such
a

Courts.
warrant

(i) At any time after this Code, the Court may

person
a

of arrest
on

has

been issued.
this

issued

Eeieaseon

cancel it
arrest

the

ground
was

of the serious

fiJ^ei.

"

illness of the Where (ii) the Court health

to may

for whose

the warrant been arrested

he

judgment- debtor
release him in the

has

under
in
a

Code,
of

if in its civil

be detained
a

opinion prison.
has
been

is not

fit state

Where (iii)

judgment-debtor
be

committed

to

the

civil

prison,he
on

may

released

therefrom State
in which

(a) by the Resident

the

of the of the
or

such

prison is situate,
or

ground
disease,

existence

of any Court of his

infectious

gious conta-

(6) by

the

committing Court,
on

or

any

to which

that

Court
any

is

subordinate,
illness.

the

ground

sufferingfrom
section
may

serious

(iv)A
re-

judgment-debtor

released

under

this

be
not

in the

arrested,but the period of his detention in the civil prisonshall aggregate exceed that prescribedby Section 328.

610.
account

(i)Money

lodged
rate

in the

shall be deemed
at such not

to be
as

Supreme Court to placed on deposit and

time to time than

the
be

credit of any
fixed

interest

on

shall be credited

S^gu^remf
court.

with Chief which

interest

shall from

by

the

Secretary,
account in the

for the time

being greater being can be obtained

any

the

highest rate

of interest
on a

by

the Government

current

from

bank
:

in

the

Federated

Malay Chapter
or

States,
XXVI
faction satis-

except

cases following

(a) when
or

the

money

is

paid
or

into
as

Court

under

Chapter
or

XXXIX

security for costs,

of
one a

in
or

part satisfaction
is less than

decree hundred
to
one

or

order dollars.

(") when
Money (ii) deposit when

the amount
on

deposit
amount

shall

be

deemed below

be

withdrawn

from

the

is reduced
on

hundred be

dollars.
on a

Interest (iii) fraction of

one

money upon dollar. money

deposit shall
on

not

computed

by calendar deposit shall accrue interest less Such period. computed by any the calendar month next of first succeeding shall begin on the day from is placed on that in which the money deposit,and shall cease of the next the month day the last day of the calendar preceding from deposit. of the money withdrawal (iv)Interest
and months upon shall not be

(v)
on

Interest

which

has accrued and

31st
or

for

or

ending during the half-year,

in every 15th

the 30th
on

of June

of December

then

deposit shall, on
31

before

the

days

money year, on of the months

III"

482

No.

15

OF

1918.

respectivelyfollowing,be placed to the credit to which such money such half-yearly shall be standing on every day. And, when money interest thereon which from the has is withdrawn deposit, on deposit be been the has credited shall credit to to and not accrued placed is then the which standing. money
(vi) When
money
on

deposit

consists and

of
an

sums

which

have

been

placed
with

on

deposit

at

different

times,

order

is made

dealing
from

money, deposit for the the money the

the

and purpose with

time

part of such
of

money

has

to be withdrawn

executing
such

such

dealt

by

order

order, the part or parts of last placed and remaining on shall, for the withdrawn, unless
purpose

deposit at comjauting interest,

otherwise directs.

of such be

withdrawal
as so

of order

treated

the

directed otherwise Unless by an order, interest credited on (vii) it amounts to or exceeds on as deposit shall,when or so soon money of hundred dollars, be placed on deposit and, for the purpose one conputing interest upon it, shall be treated as having been placed on interest such deposit on the last half-yearly day on which any became
Enlargement
time. of

due. Where
any

611.

period

is fixed

or

granted by

the

Court

for the

doing of any act prescribed or allowed by this Code, the Court may in its discretion from time to time though enlarge such period,even
the fixed period originally
or

granted
shall be

may

have

expired.
to limit
or

Saving
inhereno

of powers

612.

Nothing

in this Code

deemed

otherwise
as

of Court.

affect the mherent

necessary

such of the Court to make power for the ends of justice to prevent abuse or

orders

may

be of

of the process

the
General to amend. power

Court. The
as

613.

Court

otherwise

at any time, and may it may think fit, amend

a

on

such

terms
or

as

to costs in

or

any

defect

error

any

proceeding
the

in

suit, and

purpose
on

of

depending
Powers of

determining the such proceeding.

all necessary real

amendments

shall be made
or

for
or

question

issue

raised

by

Registrar

614. (i) Any judicialact non-judicial or quasirequires to be done by a judge, and any act which Commissioner

which
may

this

Code

be done done

by

appointed
of the Court.

under

Section

383, may
from
time

be

by

the

Registrar

The Judicial Commissioners (ii) published in the Gazette, declare and quasiacts nonjudicial judicial
A (iii) appear

may what

to

time, by rule
to

shall the
any

be

deemed

be

within
in

meaning

of this section.
it shall

Judicial

Commissioner

may,

suit in which

necessary
on

examination
may empower
;

for the purposes affirmation before

any

of

party
that reasonable

to
no

such such

evidence
any

provided

make order for the an justice, the Registrar of any witness, and suit to give such deposition in deposition shall be used against
were

party unless

facilities

afforded

to

such

party

to attend
Exercise of

at the examination

and

to cross-examine

the witness. Commissioners

615.
to

certain powers of Judicial

Any power prescribe fees

rules may

vested
or

by

this Code
or

in the Judicial
or

allowances

forms
two

to direct

procedure

or

to

Commissioners.

make
A\

be exercised

by

any

Judicial
one.

Commissioners,

of

horn

the Chief J udicial Commissioner

shall be

CIVIL

PROCEDURE

CODE.

483

First ENACTMENTS
I.
"

Schedule. REPEALED.
ENACTMENTS.

STATE

n.

"

FEDERAL

ENACTMENTS.

Extent

of

Short

title.

repeal.

The

Civil Procedure

ment Codes, 1902, Amend1913

The

whole

Enactment,
The Civil Procedure

ment Codes, 1902, Amend1917

Do.

Enactment,

Second CHAPTERS APPLY

THE

Schedule. OF THEY BELOW THIS ARE

THE

AND

SECTIONS
FAR

CODE

WHICH TO OF
A

(SO
CIVIL

AS

APPLICABLE)
COURT

COURTS COMMISSIONER.

JUDICIAL Preliminary
:

Sections

1, 2, 3, and

4.

Chapter.
I.
"

Res The

judicata.
Place of

II." III.
"

Suing.

Parties
"

to Suits.

IV.

Frame

of Suit, except Section

28 and

Section

30.

484
V. VI. VII. VIII. IX.
" "

No.
"

15

OF

1918.
Solicitors,

Recognized Agents
Institution of Suits.
"

and

Issue
"

and

Service Statement of

of Summons, and Parties Set-off. and

except Section'*72.

Written

ApjDearance
Examination

Consequence
Court.

of

appearance. Non-

X. XI. XII. XIII. XV. XVI. XVII. XVIII. XIX." XX. XXI." XXII.
" " "

"

of Parties and

by

the

"

Discovery
Admissions.

Inspection.

"

Production, Impounding,
"

and

Return

of Documents.

Section

154, Failure
and

to

produce

Evidence.

"

Summoning
Adj ournments. Hearing

Attendance

of Witnesses.

"

"

of the

Suit

and

Examination

of Witnesses.

Affidavits.

Judgment
Sections Execution Execution than

and

Decree.

218, 219, and

of

220, Costs. except

so

Decrees,

far

as

relates

to

against
order

Immovable

Property
Court. of Parties.

otherwise

by

of the

Supreme

XXIV. XXV. XXVI. XXVII." XXVIII.

" "

"

Death, Marriage, and

Withdrawal and into

Insolvency

"

Adjustment

of Suits.

Payment

Court.

Security for
Commissions 380.

Costs. and Letters of

Request, except

Section

XXX. XXXI. XXXII. XXXIII.

"

Suits Suits Suits

"

by by by by

or

against the

Government.

"

or

against Military Men. against Corporations. against

in
or names

"

or

Suits

or

Firms other

and than

Persons their
own.

carrjdng

on

business XXXIV.
"

Suits

by by
or

against

Trustees,
and

Executors,
of

and

Administrators. XXXV.
"

Suits

against Minors

Persons

Unsound

Mind. XXXVI." XXXVII." XXXVIII." XLII.

"

Suits

by Paupers.

Interpleader. Special Case.

Arrest and Attachment Immovable

regards
XLIV. XLV.
" "

Judgment, Property.

before

except

as

Appointment
Termination

of Receivers. of Tenancies and Distress for Rent.

486
2. On
to the

No.
the

15

OF

1918. [or, on
,

day
merchandise

of
,

19.
.

some

day
"

unknown

before plaintiff, said

the for expenses

day

of dollars.

19
"

],the defendant
thereon

sold

the

3. The
to 4.

commission dollars.

and

of the defendant

amount

On the

the defendant has

not

day
the

of
,

19.
.

the
,

plaintiffdemanded

from

proceeds
the
same.

of the

said merchandise.

5. He

paid

[Demand

of

judgment.]

No.
MONEY

4.

OVERPAID.

(Title.)
A.
1. to

B., the
the

above-named

states plaintiff, 19.

,
.

as

follows

On

day
the per kati

of

at
, ,

the

plaintiff agreed
of silver
at

buy
2. The

and dollars

defendant

agreed

to

sell

bars

of fine silver. said bars

to be assay,

who

was

procured the plaintiff paid by the defendant

each of the said bars
to

assayed by
and

E.

F.,

for such
contain

the

said

E. F.

declared and the

1,500 katis of fine silver,

defendant dollars

plaintiffaccordingly paid
of the fact the said bars contained

the

therefor. 3. Each of which

4.

was plaintiff

only 1,200 katis ignorant when he made

the
sum so

of fine

silver,

the payment.

The

defendant

has

not

repaid
of

overpaid.

[Demand
[Note.
"

judgment.]
necessary, but it may affect the

demand
or

of

question of interest

the

repayment costs.]

is not

No.
MONEY
PAID

5.
AT

TO

THIRD

PARTY

THE

DEFENDANT'S

REQUEST.

(Title.)
A.
1.

B., the above-named

the

states plaintiff, at
,
.

as

follows
at
,

On

[or by
2. In

the

19. day of authority] of the defendant,

the

request
to E. F.

the

plaintiff paid promised [or

demand

dollars. consideration
to

thereof, the
to

defendant

became
case

bound]
may

pay

the

same

the

on plaintiff

[or

as

the

be].

3.

[On
same.

the of the
same

day

of
,

19.
.

the
,

payment
the

from

the

defendant,
of

but] he

plaintiffdemanded has not paid

[Demand
"

judgment.]
is

facts

If the [Note. request or authority raising the implication.]

implied,

the

plaint should

state

CIVIL

PROCEDURE

CODE.

487

No.
GOODS SOLD
AT A

6.
PRICE AND DELIVERED.

FIXED

(Title.)
A,
1. On

B., the
the

above-named

states plaintifif,

as

follows E.

day

of
,

19..,

at

F., of

deceased, sold and delivered to of flour,or the goods mentioned

the in

barrels [one hundred the schedule hereto annexed, or

defendant

sundry goods.]
2. The defendant promised goods on delivery [or, on the the plaint was filed)]. 3. He
4. to pay

dollars of

for

the

said before

day

(some day

has

not

paid
E. F.

the
in

same.

The

said the

his

lifetime

made

his

will, whereby
E. F. died. of the said

he

appointed
5. 6.
was

executor plaintiff

thereof.
19.
,
.

On On

the the
to

day
the

of
,

the
,
.

said

granted
7. The

day of plaintiff by
executor

19.
,

probate
of

will

the
as

Court

plamtiff as

aforesaid

[demand

of

judgment].

No.
GOODS SOLD
AT A

7.
PRICE AND DELIVERED.

REASONABLE

(Title.)
A, B., the
1.

above-named

states plaintiff, 19.

,
.

as

follows

On

the to

day
the

of

at
, ,

sold plaintiff

and

delivered
no

defendant
was

[sundry
made
as

articles of house
to

furniture] but

express

agreement
same were

the

price.
dollars.
.

2. The
3.

reasonably
has
not

worth the
same.

The

defendant

paid
of

[Demand

judgment.]

No.
GOODS DELIVERED TO
A AT

8.
PARTY
AT

THIRD
A FIXED

DEFENDANT'S

REQUEST

PRICE.

(Title.)
A.
1. On the

B., the
the

above-named

states plaintiff, 19.

,
.

as

follows

day

of

at
, ,

sold plaintiff

to

[one hundred the defendant, delivered the

2. The defendant

defendant

barrels
same

of flour] and, at the

to E. F.

request of
dollars

promised
the
same.

to

pay

to

the

plaintiff

therefor.
3.

He

has

not

paid

[Demand

of

judgment.]

488

No.

15

OF

1918.

No.
NECESSARIES TESTATOR "WITHOUT FURNISHED HIS EXPRESS TO
THE

9.
FAMILY AT A OF

DEFENDANT'S
PRICE,

REQUEST,

REASONABLE

(Title.)
A.
1. to

B., the above-named

the

states plaintiff, 19.

,
.

as

follows

On

day

of

at
, ,

furnished plaintiff her request,

deceased, at [Mary Jones] the wife of \James Jones'], of and but articles no [food clothing], sundry express made the to as was price.
2. The
3. 4. 5.
same were

agreement

necessary

for her. worth

to pay

The The The

same

were

reasonably
Jones is the

dollars. the the

same.

said James defendant

refused
executor

of

last

will

of

the

said

James

Jones.

[Demand

of

judgment.]
10.
A FIXED

No.
GOODS SOLD
AT

PRICE.

(Title.)
A.
1. On

B., the
the
,

above-named

states plaintiff, 19.

,
.

as

follows the

day

of

at
,

to E. F., of in

deceased

the crops [all

then

sold plaintiff his farm growing on

,

].
2. The said E. F.

promised
the
same.

to

pay

the

plaintiff

dollars

for

the

same.

3. He
4.

did

not

pay

The

de.fendant is administrator

of the

estate

of the

said

E. F.

[Demand

of

judgment.]

No.
GOODS SOLD
AT A

11.
REASONABLE PRICE.

(Title.)
A.
1.

B., the above-named

the

states plaintiff,

as

follows

On

sold to the but

2.
no

day of defendant the [all

agreement
was was

19..,
,

at
,

E. F., of
in

fruit

growing
as

in his orchard

],

express
same

made worth the

to

the

price.

The

reasonably
has
not

dollars.
same.

3. The 4.

defendant the

paid
and

On

day
a

of

the

Court

of
the

the

said E. F. to be

lunatic

appointed
for the aforesaid
as

duly adjudged committee plaintiff

thereof. of

of his estate, Avith the

5.

usual

powers

management

The

as plaintiff

committee

[demand

judgment].

CIVIL

PROCEDURE

CODE.

489

No.
GOODS MADE
AT

12. REQUEST,
AND NOT ACCEPTED.

DEFENDANT'S

(Title.)
A.
1. On

B., the above-named

the

states plaintiff,
,

as

follows

agreed
tables
same

with and

upon 2. The
,

19.., at day of the t hat should plaintiff plaintiff and the that said E. F. fift}^ chairs], dollars. the delivery thereof
the the
said the

E. F., of
make

for him
pay

[six

should

for the

made plaintiff
19.
.

goods,
same

and
to

on

the

day

of has

offered
,

to

deliver

the

said E. F., and

ever

since

been

ready

and
not

willingso accepted

to

do.

3. The
same.

said E. F. has

the said

goods

or

paid

for the

4.

On

the
the said

day

of
a

adjudged
committee 5.

E. F. to be

of 19.., the Court duly lunatic,and appointed the defendant

,

of his estate.

The

from
annum,

the

plaintiff prays day of to be paid out

judgment
at
,

for the
rate

dollars of said

with
per

interest
cent, per

of the

estate

of the

E. P. in the

hands

of the

defendant. No. 13.

DEFICIENCY

UPON

RE-SALE

[GOODS

SOLD

AT

AUCTION].

(Title.)
A.
1.

B., the
the

above-named

states plaintiff, 19. at

,
.

as

follows

On

at auction

that
within

sundry all goods not [ten days]

of which defendant
at

plaintiff put up merchandise], subject to the condition paid for and removed by the purchaser thereof be re-sold by auction after the sale should his on
, ,

day

of

of [articles

account,
2.

condition

the

defendant
crate

had of

notice.
at

The

auction 3. The

the

purchased [one dollars. price of

said

crockery]

the

said

was plaintiff on

defendant the
4.

the

ready and day and

not

for [ten

willingto deliver the same days] thereafter, of

away

to

th-e

which

defendant The

had

notice.

defendant
nor

did

take

the

said

goods purchased
the

by him,
afterwards.
5.

pay

therefor, within

[ten days]
19
,
. .

after

sale,

nor

On

the

day
for

of

at
, ,

the of the

re-sold

the

said

[crate of crockery], on
dollars.
upon

account

plaintiff defendant,
to

by public auction,
6. The dollars.
7. The expenses

attendant

such

re-sale amounted

defendant
to

has

not

paid
of

the

deficiency

thus

arising,

amounting

dollars.

[Demand

judgment.]

490

No.

15

OF

1918.

No.
PURCHASE-MONEY OF

14.
LANDS CONVEYED.

(Title.)
A. 1. On

B., the
the
to

above-named

states plaintifif, 19.

,
.

as

follows the

day
the

of defendant
; or,
a

at
, ,

[and conveyed]
in the
,

[the house
farm known

and
as

sold plaintiff No. compound

in
,

city of

or,

piece
said

of land

lying,etc.] promised to compound,

the
same.

2. The the

defendant

pay
or

the

plaintiff
or

dollars

for

[house
has
not

and

farm,

land].

3. He

paid

[Demand
[Note.
"
"

of
no

judgment.]
conveyance, say,

Where
the

there

has the

been

actual

sold

to

defendant

house,

etc., and

placed him

in

in paragraph possession of

1,
the

same."] No.
PURCHASE-MONEY OF IMMOVABLE BUT NOT

15.
PROPERTY

CONTRACTED

TO

BE

SOLD,

CONVEYED.

(Title.)
A.
1. On

B., the above-named

the

states plaintiff, 19.

,
.

as

follows
the

defendant

day of mutually agreed

in the
,

at
, ,

and plaintiff sell to the

the

that

defendant, and

that the defendant

town

should plaintiff should purchase from of

; or,
one

the

plaintiff
acres

[the house
of land
in

No
,

hundred and

bounded for plaintiff]

by

the

Ampang
19 at
. .

Road,

by

other

lands
2.

of the On the

dollars. the
, , ,

tendered sufficient

[or,
on

was

day of ready and

of

plaintiff

willing,and
of the
sum,

offered said and

instrument

defendant,

payment
the
same.

conveyance of the said

execute] a property to the

to

still is

ready

and

willingto
3. The

execute

defendant

has

not

paid
of

the

said

sum.

[Demand

judgment.]
16.

No.
SERVICES
AT A

FIXED

PRICE.

(Title.)
A.
1. On

B., the above-named

the
a

states plaintiff, 19.

,
.

as

follows the
,

day

of
the

at
,

defendant per
19.
,
.

as [hired plaintiff

clerk, at
defendant has
not

salary of
the
his

dollars

year].
the
,

2. From

the

[said day]
the

until
as

served plaintiff
3. The

day of [cl("rk].
said

defendant

paid
of

the

salary.

[Demand

judgment.]

CIVIL

PROCEDURE

CODE.

491

No.
SERVICES
AT A

17.
PRICE.

REASONABLE

(Title.)
A.

B.,

the the at

above-named

states plaintiff,
,
.

as

follows

1. Between 19.
,
.

19. and the day of day of [executed sundry drawings, designs, plaintiff
,

and

diagrams]
was

for the made

as

defendant,
to the
sum

at to

his be

request

but

agreement
2. The

said

services

3. The

defendant

paid reasonably worth has not paid the same. of judgment.] [Demand
were

for such

no express services.

dollars.

No.
SERVICES AND MATERIALS

18.
AT A FIXED

PRICE.

(Title.)
A. 1. On
the paper

B., the
the for
the

above-named

states plaintiff, 19.

,

as

follows

and

day of printed

one

thousand his

to

] for him].
2. The 3. He has

defendant,

at

[furnished plaintiff called book of a copies request [and delivered the same
at
.

defendant
not

promised paid the same. [Demand

to

pay

dollars

therefor.

of

judgment.]
19.
AT A

No.
SERVICES AND MATERIALS

REASONABLE

PRICE.

(Title.)
A.
1.

B.,
the

the

above-named

states plaintiff, 19.

,
.

as

follows
,

On

day

of
in
,

at
,

built plaintiff

house

[known as No therefor, for the defendant,

was

at his be

], and furnished the materials request, but no express agreement

for such
were

made
2.

as

to the

price to
and

paid

work

and

materials. worth

The

said

work

materials

reasonably
same.

dollars.
3.

The

defendant

has

not

paid
of

the

[Demand

judgment.]
20.
IN A

No.
RENT RESERVED

LEASE.

(Title.)
A.
1.

B., the
the

above-named

states plaintiff, 19.

,
.

as

follows
the
,

On

day
a

of with the

at
,

defendant
a

entered of which

into

contract

under plaintiff,

their hands,

copy

is hereto

annexed.
state the

[Or

substance

of the

contract.]

492
2. The

No.
defendant has
,

15

OF

1918.
of the
to

not 19.

the

day

of

paid the rent amounting

.

[month] ending
dollars.

on

[Demand

of

judgment.]
form.
a

Another 1. The for let plaintifif [seven years] to dollars

2.
a

to the

defendant from the

house

[No. 27, Batu

of
,

Road],
19.
.

hold

day
due and

at
,

year,

payable quarterly.
quarters [Demand
of
are

Of

such

rent

unpaid.

judgment.]
21.
AT A FIXED

No.
USE AND OCCUPATION

RENT.

(Title.)
A.
1.

B.,
the

the

above-named

states plaintiff,
,
.

as

follows the
,

On from of The
,

hired
rent 2.

19. day of the plaintiff the [house No on dollars, payable

at
, ,

defendant

at the street],

the

first

day

of the

defendant
19
. .

occupied
the has first
not

the

said of

premises from
19
,
. . .

day
part of

of
3. The

to
,

day day
of

defendant due
on

paid
,

dollars
19.
. .

being

the

said rent

the

[Demand

of

judgment.]
22.

No.
USE
AND

OCCUPATION

AT

REASONABLE

RENT.

(Title.)
A. B., the above-named
executor plaintiff,
:

of the will of X. Y.,

deceased,

states

as

follows

1. The defendant occupied the [house No by permission of the said X. Y., from the day of 19. until the of and no day agreement of the said premises. for the use to payment
, ,
.

street],
19.
,
.

was

made

as

2.

The

use

of the said dollars.

premises for
not

the said

period was

reasonably

worth 3. The 4. The

defendant
as plaintiff

has such

paid

the
as

same.

executor

aforesaid

prays

judgment

for

dollars. No.
BOARD
AND

23.
LODGING.

(Title.)
A. 1
.

B., the above-named

the the
.

states plaintiff,

as

follows
the in

From
19.
,

day
defendant

of
,

19
. .

until
,

day
the

of

occupied

certain

rooms

house

494
demand defendant of the

No.

15

OF

1918.
barrels
the
same an

refused

for the price of ten plaintiff to pay], agreed to submit

as

of oil which
to the

the

award
a

of E. F. and copy
2.

G. H,

arbitrators

[or, entered
19
,
. .

into

agreement,

of which On the that

is hereto

annexed].
of
at
, ,

day

the said arbitrators the

awarded
3. The

the defendant has

not

should

[pay
the
same.

plaintiff

dollars]
.

defendant

paid
of

[Demand

judgment.]
27.
JUDGMENT.

No.
ON
A

FOREIGN

(Title.)
A.
1.

B., the above-named

the of
,

states plaintiff, 19.

,
.

as

follows
in
,

On

day
the

of

at
,

the

State

[or
in

Kingdom]
a

Court
the

of that

State
the

[or Kingdom],
defendant,

suit therein that

pending
from the

between

and plaintiff pay

to the

duly

adjudged
with

thedefendant said
not

should date.

plaintiff

dollars,

interest

2. The

defendant

has

paid
of

the

same.

[Demand
B." PLAINTS UPON

judgment.]
FOR ONLY. 28.
BOND.

INSTRUMENTS OF MONEY No.

ON
AN

THE

PAYMENT

ANNUITY

(Title.)
A.
1

B.,
the

the

above-named

states plaintiff,
,
. .

as

follows

19 the defendant at by in the sum of dollars, plaintiff to the plaintiff, to be paid by the defendant subject to a condition should the dollars, halfto that if the defendant plaintiff pay and the in the day of day of yearly on the said bond should be of the life the plaintiff, during every year

On

day

of

his bond

became

bound

to the

void. 2. Afterwards,
on

the

dollars, for

of due

the to

annuity,

became

19 the sum day of of said half-yearly payments the plaintiff and is still unpaid.
,
. .

of
the

said

[Demand

of

judgment.]
29.
MAKER.

No.
PAYEE AGAINST

(Title.)
A.
1.

B., the
the

above-named

states plaintiff, 19,

,
.

as

follows the
,

On

day

of
now

at
,

defendant,
pay to

by promissory note, dollars plaintiff

his

overdue,

promised
date.

to

the

[days]

after

CIVIL

PROCEDURE

CODE.

495 dollars, paid

on

2.

He

has

not

paid
,

the

same

[except
of

the

day
[Note.
substitute

of

19..]-

[Demand
"

judgment.]
after

Where
"

the

note

is

payable

notice, for paragraphs

and

]
the
note

1.

On

his promissory
months 2. to

day of promised

19.
,
.

at
, ,

the

defendant
...
. .

by

to

pay

to

the

plaintiff.
the

.dollars,

after notice.
was same

Notice
the

afterwards

given by
has

the

to plaintiff

defendant

pay 3. The

months for

after the

said

notice. the

said time
the
same.

payment
at
a

elapsed,but
say
,
"

defendant

has

not

paid
1
.

[Where On

"the note

is

payable

particular place,
19
,
. .

] the

the

day

of

at
,

defendant,
to

by

the plaintiff his promissory note, now overdue, promised to pay after date. month dollars, [at Messrs. A. " Co.'s, Ipoh], 2. The A. " said
note
was

Co.'s]aforesaid, but
WHITTEN

duly presented for payment has not been paid.

OF
THE

[at

Messrs.

STATEMENT

DEFENDANT.

In

the

Court,

etc.

C. T"., the
1. The

above-named made
the

defendant,
sued

states

as

follows
the

defendant
:
"

circumstances

The

been

in

partnership as
them
that retire the the

between

note following upon and defendant had for some jjlaintiff years it and had been manufacturers, agreed indigo dissolve partnership, that the they should

under

should plaintiff should and take

over

from
whole

the

business,
value

and

that

the and

defendant
liabilities assets

of the

partnership assets
of his share

should

deducting the partnership 2. The to examine plaintiff thereupon undertook the and the of state into books partnership assets and enquire he did the said books and liabilities ; and accordingly examine the said make enquiries, and he thereupon represented to the
defendant
the
was

pay the liabilities.

the plaintiff

in the

after

that

the

assets

of the
were

firm

exceeded

liabilities of the that

the assets

firm

less

than

$100,000 $30,000, whereas $50,000,

second
the assets. the
to

and
the and

that fact
the

of the

firm

were

less than the

in

liabilities of the
3.

The

largely exceeded misrepresentations mentioned

induced
never was

firm

paragraph
note
now

of this
sued
on,

statement

the any

defendant other

make

and
note.

there

consideration

for the

making

of such

No.
FIRST INDORSEE

30.
AGAINST MAKER.

(Title.)
A.
1
.

B., the above-named

the

states plaintiff, 19
,
. .

as

follows the

On

day
now

of

at
, ,

defendant
the

by
of

his

promissory note,
F.
or

overdue,

promised
dollars

to

pay

to

order

E. F. [or to E.

order]

days

after

date].

496
2. 3.

No.
The
The

15
the

OF

1918.
to
same.

said

E.

F. indorsed
has not

same

the

plaintiff.

defendant

paid
of

the

[Demand

judgment.]
31.
AGAINST MAKER.

No.
SUBSEQUENT
INDORSEE

(Title.)
A.
1.

B., the above-named

in the
same

states plaintiff,

as

follows

[As
and The

last
was,

preceding form.] by
has the indorsement of the
to

2. The G. H.
3.

said the

E.

F.

and

of

T. J. [or, and defendant

others] transferred
not

plaintiff.

paid
of

the

same.

[Demand

judgment.]
32.
FIRST INDORSER.

No.
FIRST INDORSEE AGAINST

(Title.)
A.
1.

B., the above-named

F.,
on

states plaintiff,

as

follows
at

E.

the
now

day
overdue,
months indorsed

of
,

19..,

by

his
or

promissory
order 2. The
3.

note,

promised
after
same

to pay

to

the

defendant

dollars defendant the but

date.
to

the
,

the
same

plaintiff.
was

On

day
was

of

19
" "

the
,

duly presented

for payment,

not

paid. excusing
want

[Or
4. 5. The

state

facts

of

presentment.]

defendant has not

had the

notice
same.

thereof.

He

paid

[Demand

of

Judgment.]
33.
FIRST

No.
SUBSEQUENT
INDORSEE INDORSEMENT AGAINST

INDORSER

THE

BEING

SPECIAL.

(Title.)
A. B., the
1. The

above-named indorsed

states plaintiff, to to
one

as

follows

defendant

E. F.
been
,

overdue, made
the for the 2. The
sum

[or purporting
of
,

have

promissory note, now made] by one G. H., on

order of the defendant after date]. said E. F.
E. F.

day
same

19
. .

at
,

to the

of
was,

dollars

[payable
indorsement

days
of
the

by
to

the

[and

others], transferred
the
same

the

[or, the plaintiff

5

said

[indorsed

to the 5,

plaintiff]. [Same
as

3. 4, and

3, 4, and
of

of the

last

preceding form.]

[Demand

Judgment.]

CIVIL

PROCEDURE

CODE.

497

No.
SUBSEQUENT
INDORSEE
AGAINST

34.
HIS IMMEDIATE INDORSEE.

(Title.)
A. B., the above-named
1
.

states plaintiff, to liim been

,

as

follows

The

defendant

indorsed
to have at
.

made

[or purportmg
of
,

promissory note, now made] by one E. F., on

a

overdue,
the
sum

day
of
said

19.
,

to the

order

of

one

G. H., for the indorsed

dollars

[payable
defendant,
as

days
in 3,

after

date],and
No.

by

the

G. H.

to the 4.

2, 3, and

[Same

4, and
of

5 in Form

33.]

[Demand

Judgment.]
35.
INTERMEDIATE

No.
SUBSEQUENT
INDORSEE AGAINST

INDORSEE.

(Title.)
A. 1. A

B., the above-named

states plaintiff,

as

follows

been

promissory note, now made] by oneE. F., on

of

overdue,
the
sum

made

[or purporting to have

of
,

day
of the
said

19.
.

at
,

G. H., for the to the order one days after date],and mdorsed
was

dollars G.H.
to

[payable
the

by

defendant,
to

the

by the indorsement plamtiff.

4.

of the defendant

[and others] transferred

2, 3, and

[As

in No.

33.]
of

[Demand

judgment.]
36.
MAKER,
AND

No.
SUBSEQUENT
INDORSEE AGAINST

FIRST

AND

SECOND

INDOESER.

In the Court Civil Suit No A. B. of

of

at

against
C. D. E. F.
and

of of H. of
states plaintiff, 19.
,
.

G.

A. B., the
1. On the his

above-named

as

follows
the
,

C. D., by order of the

day of promissory note,

defendant,
E.

at
,

defendant,
to

now

overdue,

promised
[

to pay

the

F.,

dollars

months

after

date].
2. The said E. F. indorsed

the

same

to the

defendant,

G. H., who

indorsed
Ill"

it to the 32

plaintiff.

498
3.

No.
On
the facts but

15

OF

1918.
19.

day
excusing
was

of
,

the
.

same

was

presented
CD. for

[or state payment,

4. The
5.

want

of

presentment]
notice

to

the

said

not

paid.
G. H. the had
same.

said E, F. and have

not

thereof.

They

paid

[Demand

of

judgment.]
37.
ACCEPTOR.

No.
DKAWER AGAINST

(Title.)
A. B., the
1.

above-named

states plaintiff,

as

follows

On

the

day
[

of
,

19..,

at
,

by

his

bill of
to

exchange, now
him. 2. The
at
a

overdue, the

required the defendant plaintiff

after date,
or

to pay

dollars defendant

days

thereof]. sight,

certain

otherwise
3. 4. about

accepted the said bill. [If the bill is payable the date of acceptance should be stated ; time after sight, it is not necessary.]
not

He

has
reason

paid

the

same.

By
the

thereof

the

presenting and
thereof.

plaintiffincurred noting of the bill,and

of

in and expenses incidental to the

dishonour

[Demand
[Note.
3, say"] 1. to the
or
"

judgment.]
to
a

Where

the

bill is

payable

third

party,

for

paragraphs 1, 2,

On, etc., at, etc., by his bill of exchange,

now

overdue, directed
to pay to E. F.

defendant,

the

plaintiff required the

months the said after

defendant date.

order 2. The
3.

dollars delivered plaintiff defendant the

same

bill to the said E. F.

did not pay

on

The

accepted
was

the said bill,but

to the

the same,

whereupon

returned

plaintiff.

No.
PAYEE AGAINST

38.
ACCEPTOR.

(Title.)
A. B., the above-named
1.
a

states plaintiff,

as

follows

On

the

day
on

of
,

19.
.

the
,

defendant

accepted
been
,

exchange, now E. F., made] by one the defendant requiring after sight thereof.
2. He has not

bill of

overdue, made
the
to

[or purporting
of
,

to have at
.,

day
to the

19.

pay

plaintiff

dollars

paid

the

same.

[Demand

of

judgment.]

CIVIL

PROCEDURE

CODE.

499

No.
FreST mDORSEE

39.
AGAINST ACCEPTOR.

(Title.)
A.
1. On
a

B., the
the

above-named

states plaintifif,

as

follows defendant
to
. .

day

of
,

19..,

the

accepted
have
at
, ,

exchange, now the E. F., on made] by one the defendant to requiring pay after sight thereof. dollars
2. The 3. The
said

bill of

overdue, made

[or purporting
of
,

been

day
to the

19

order

of

one

G. H

G. H.

indorsed
has not

the

same

to
same.

plaintiff.

defendant

paid

the

[Demand

of

judgment.]
40.
AGAINST ACCEPTOR.

No.
SUBSEQUENT
INDORSEE

(Title.)
A. B., the
1. 2.
was

above-named last

states plaintiff, to the

as

follows of

[As By
The

in the the

preceding form
of the
the

end

paragraph 1.]
same

indorsement
to

said

G. H.

[and others], the

transferred
3.

plaintiff.
not

defendant

has

paid

the

same.

[Demand

of

judgment.]
41.
FOR NON-ACCEPTANCE.

No.
PAYEE AGAINST
DRAWER

(Title.)
A. B., the above-named
1
.

states plaintiff,
,
. .

as

follows
,

On

the

by
to

his bill of
pay 2. to the
.

19 the defendant, at day of exchange, directed to E. F., required the said E. F. dollars [ days after sight]. plaintiff
,
.

On

the.

.day

of
,

19.
.

the
,

same

was

duly presented

to the 3. 4.

said E. F. for acceptance, defendant has

not

and

was

dishonoured.

The

had
the

due
same.

notice

thereof.

He

paid

[Demand

of

judgment.]
42.
FIRST INDORSER.

No.
FIRST INDORSEE AGAINST

(Title.)
A. B., the
1
.

above-named indorsed

states plaintiff, to the to

as

follows bill of

The

defendant

a plaintiff

overdue, made

[or purporting

have

been

made]

exchange, now E. F., on by one

500
the
to

No.

15
19

OF

1918.

day
to the

of
,

at
, ,

requiring
dollars

one

G.

H.

pay after sight [or after date, the said G. H. on the 2. On the

order

of the
or

defendant
at

sight] thereof
of
,

days] [and accepted by

[
was

day
and

19. the
.

.].

day
had

of
,

19.
,

same

presented

to

the said G. H.
3. The 4.

for payment, due

was

dishonoured. thereof.

defendant has
not

notice

He

paid

the

same.

[Demand

of

judgment].
43.
FIRST SPECIAL. INDORSER

No.
SUBSEQUENT
INDORSEE INDORSEMENT AGAINST

THE

BEING

(Title.)
A. B., the above-named
1. The states plaintiff, to
one as

follows
a

exchange, now G. H., made] by one [or purporting I. J. 19 to pay the at on requiringone day of dollars of the defendant to the order days after sight the thereof [or otherwise], and accepted by the said I. J. on if omitted clause not be of 19. according day [This may to the fact.]
defendant indorsed E. F.

bill of

overdue, made

to
,

have

been
,

2. The

same

was,

transferred 3. On the

to the

by the indorsement plaintiff. day

had the of
,

of the said E. F.

[and others], presented

to

19. and
was

the
.

same

was

the said I. J. for payment, 4. The

5.

dishonoured. thereof.

defendant has not

due
same.

notice

He

paid

[Demand

of

judgment.]
44.
HIS IMMEDIATE INDORSER.

No.
SUBSEQUENT
INDORSEE AGAINST

(Title.)
A. B., the
1. The

above-named indorsed

states plaintiff, to to at
. .

as

follows

defendant

a plaintiff

overdue, made
the to

[or purporting
of
,

have

day
the order

19
,

of I. J

dollars
the

otherwise],[accepted by
I.J, to the 2. On defendant. the

said

G.

exchange, now E. F., on made] by one requiring one G. H. to pay days after sight thereof [or H.] and indorsed by the said
been
,

bill of

day
had

of
,

19. and
was

the
.

same

was

presented

to

the said G. H. for payment,

3. 4.

dishonoured. thereof.

The He

defendant has not

due
same.

notice

paid

the

[Demand

of

judgment.]

502
2. On the the

No.

15

OF

1918.
the
.

day

of
,

19.
,

same

was

presented
was

to

said E. F. for acceptance, and

was

dishonoured, and

upon there-

duly protested.
3. The
4.

defendant has
not

had
the

due
same.

notice

thereof.

He

paid
of
on

[5. The
of notice Wherefore for from the

value

at pounds sterling,

the time

of the

service

of protest the

the

defendant,

was

dollars.]

demands plaintiff

dollars,with

[ten

per
,

judgment against the defendant centum] compensation and interest

..

day

of

19.

No.
PAYEE AGAINST

48.
ACCEPTOR.

(Title.)
A.
1. On

B., the above-named

the
now

states plaintiff, 19.

,
.

as

follows
one

day
to pay

of

at
,

bill of the

exchange, days
after

overdue, directed
to

to the

by his defendant, required

,

E. F.,

defendant

the

plaintiff
19.

dollars

after

date

[or
the

sight] thereof. day

of
. . . .

2.

On

the

the
,

defendant

accepted

said bill. 3. He has

not

paid

the

same.

[Demand

of

judgment.]

No.
ON

49.
ON VESSEL ETC, LOST BY PERILS OF

MARINE

[OPEN]

POLICY,
THE

SEA,

(Title.)
A.
1. The

B., the above-named

was plaintiff

states plaintiff,

as

follows

the

owner

of [or had hereinafter

19
,
. .

an

interest

in] the ship

at the

time

of her loss,as

mentioned,
,

2. On

the

day

of

at
,

the defendants, in

consideration then

of dollars to them paid [or which the plaintiff to him a promised to pay], executed policy of insurance upon is hereto of which the said ship, a copy annexed [or, whereby they within promised to pay to the plaintiff, days after proof of of loss and interest, all loss and damage accruing to him by reason the destruction or injury of the said ship, during her next voyage from whether to by perilsof the sea or by fire,or by other causes therein mentioned, not exceeding dollars].
,

3.

The

the

said the

by

said ship, while j^roceedingon the on policy,was day of of the sea [or otherwise]. perils loss thereby plaintiff's
was

the

voyage 19.
,
.

mentioned
,

in

totallylost

4. The

dollars.

CIVIL

PROCEDURE

CODE.

503
the defendants

5.

On

the of his

day

of
,

19.
.

he
,

furnished othenvise

with

proof

loss and of the

interest, and

duly performed

all the

conditions defendants

6. The

policy on his part. have not paid the said loss. [Demand of judgment.]
No. 50.
:
"

said

ON

CARGO,

LOST

BY

FIRE

VALUED

POLICY.

(Title.)
A.
1. The

B., the

above-named
the
owner

states plaintiff,

as

follows
interest at the

was plaintiff

of [or had
the

an

in] [one
of her

hundred loss
as

of cotton] on board hereinafter mentioned.

bales the

ship
at
.

time

2. On
in

day
of

of
,

19.
,

the
,

consideration

dollars, which

the

then plaintiff

defendants, paid [or

the to him a policy of insurance promised to pay], executed upon which is hereto annexed of said goods, a copy [or, whereby they of the total dollars in case promised to pay to the plaintiff of the said goods before mentioned, loss, by fire or other causes of partial loss, such their damage landing at ; or, in case should the plaintiff as might sustain thereby, provided the same the of the exceed of whole value centum not goods]. per while 19. at 3. On the proceeding day of in the said policy, the said goods were mentioned the voyage on be). totallydestroyed by fire (or, as the case may 4. 5, and 6. [As in paragraphs 4, 5, and 6 of the last preceding form.] [Demand of judgment.]
,
.

No.
ON FREIGHT
:
"

51.
VALUED POLICY.

(Title.)
A.
1. The

B., the

above-named
an

states plaintiff, in the to

as

follows
be

had plaintiff
on

interest

freightto
at

earned
time

by
of

the
her
was

ship
loss
as

her

voyage

from and
at
a

the

hereinafter
upon

mentioned

large quantity
at
.

of

goods

shipped
2. On

freightin her day

of of
dollars upon

that 19.
,

time. the
, ,

the

defendant,
to the

in

consideration
a

to

him

policy of
3. The

insurance state

the
as

said

paid, executed of a copy freight,

upon the

plaintiff
is hereto

which

annexed

[or
said

its tenor,

before].
voyage 19.
,
.

said

ship, while
on

proceeding
the

mentioned
,

in

the

policy, was,
the not
on

day
any

of

totally ship,
as

lost
4.
nor

by [the perilsof
The did has plaintiff she
earn

sea].
received the said

any

freightfrom by reason voyage,

the

said

of her

loss

aforesaid.
5 and 6.

[As

in Form

No.

49.]
of

[Demand

judgment.]

504

No.

15

OF

1918.

No.
LOSS BY GENERAL

52.
AVERAGE.

(Title.)
A.
1. The

B., the

above-named the
owner

states plaintiff,

as

follows

was plaintiff

hundred from
2.

bales
to

of cotton]
at
,

shipped
the time

on

interest of [or had an in] [one called the Y. Z., board a vessel loss hereinafter at
.

of the
19.
, ,

mentioned. consideration

On

the dollars

of defendant said
as

day [which
to

of
the

in
,

executed copy

the

then promised to plaintiff a plaintiff policy of insurance

is hereto

pay], the
his upon its tenor,

goods, a before].
On the

of which

annexed

[or

state

3. voyage

day
in the

of
,

19.
.

while
,

proceeding
was so crew

on

the

mentioned

said

policy,the
the the
master
sea a

said vessel and

gered endanwere

by perilsof the sea compelled to, and did, cast

and 4. pay 5.
a

that
into

thereof of her

large part

rigging
did,

furniture. The

plaintiff was, general average

the of his

by
of

reason

thereof, compelled to, and

dollars.
19.
,
.

loss of

On

day

he
,

furnished

the

defendant

with

proof

loss and of the has

interest, and

otherwise his part.

duly performed

all the

conditions defendant

said
not

policy on
the

6. The

paid
of

said loss.

[Demand

judgment.]
53.

No.
PARTICULAR

AVERAGE

LOSS.

(Title.)
A.
1 and

B., the
2. the broke

above-named
in

states plaintiff,

as

follows

[As

the

last of

preceding form.]
19.
,
.

3. On
sea

day
into of

while
,

on

the
the

high
said

seas,

the

water

the

said

ship, and
5 and

damaged
last

[cotton]

to

the
4 and

amount

dollars.

5.

[As

in

paragraphs [Demand

6 of the

precedingform.]

of

judgment.]
54.
POLICY.

No.
ON
A

FIRE-INSURANCE

(Title.)
A. 1. The

B., the

above-named

states plaintiff,
owner

as

follows
an

plaintiff [Avas the known No [dwelling-house, as

,]at the time
mentioned.

of, or] had

,

interest

in town

street, in the

of

of its destruction

[or, injury]by fire

as

after herein-

CIVIL

PKOCEDURE

CODE.

505
in consideration
,

2. On of

the
dollars
a

day
[to
them

of
,

19
. .

at
,

paid],
on

the
the its

defendants said

executed
a

to

the of

plaintiff policy
which 3.
was

of insurance

[premises],

copy

is hereto

annexed

[or

state
,

tenor].
.

the said [dwelling-house] 19. the On day of totallydestroyed [or greatly damaged] by fire.
,

4. 5. with

The On

loss thereby plaintiff's

the

was

dollars.
he
.

day
his said

of
,

19.
,

furnished otherwise

the

defendants

proof of

loss and
said not

interest, and

duly performed

all the

conditions defendants

of the have

policy on paid
of the

his

part.

6. The

said loss.

[Demand

Judgment.]
55.
PAYMENT OF RENT.

No.
AGAINST SURETY
FOR

(Title.)
A.
1.

B.,

the

above-named of

states plaintiff, 19
,
. .

as

follows
one
,

On the

from

the day for the plaintiff,

at
,

E. F. hired
,

term

of

years, rent

the

[house No

street,

], at the amiual
time

of

dollars, payable

[monthly].
2.

[At

the

same

and

of the

lettingof the

place] the defendant said premises to

of the month said of
,

agreed,
the
said

in

sideration con-

E. F., to

guarantee the punctual payment

3. to

rent. 19.
.,

The

rent

aforesaid has
not

for the been

amounting
be

dollars

paid.
is

by [If,
to the

the

terms

of the
:
"

agreement, notice
19.
,
.

required to

given
to

surety, add
the

]
of the
,

4. On
the

day
of the

plaintiff gave

notice demanded

defendant

non-payment
the

of the

said rent, and

payment
5.

thereof. has
not

He

paid

same.

[Demand

of

judgment.]

C"

PLAINTS

FOR

COMPENSATION CONTRACT. No.

56.
TO

FOR

BREACH

OF

BREACH

OF

AGREEMENT

CONVEY

LAND.

(Title.)
A.
1.

B., the above-named

the entered

states plaintiff, 19.

,
.

as

follows
the

On

day
into

of
an

at
, ,

and plaintiff
which

defendant
a

agreement,

under

their

hands, of

copy

is hereto

annexed.

506

No.
on,

15

OF

1918.
with the
then
as

[Or,
further

etc., the
of
a

defendant

agreed
dollars

consideration
sum

deposit

of

dollars

that, in plaintiff paid, and of the

hereinafter
at
, ,

of [ten thousand] he would, on the

a plaintiff

payable
19
,
.

tioned, men-

day

of of

execute

to

the

sufficient
town

conveyance
,

[the

house

No
,

street, in and
on

the

of
to pay

free from

all

incumbrances]
same

agreed plaintiff delivery thereof.]

On the of the

the

[ten thousand] dollars for the

19.
,
.

2.

day
said

of

the
,

demanded plaintiff
and
were

the

conveyance

dollars to the defendant and the

on

property from the defendant [or,that all conditions

and
all times

tendered

fulfilled,
to entitle

things happened, to have the said agreement plaintiff his part].

defendant
to the

all

elapsed necessary performed by the

any is conveyance
a

defendant

3. The

has

not

executed there
,

of the
upon 19.

said

property projDcrty, made

the office of

[or, that plaintiff

mortgage

the

said

by
on
,

to

for

dollars, registeredin
of
,

the defect

day

and
.

still

unsatisfied,or
4.

any

other

of title].

has thereby lost the use of the money paid by plaintiff him such deposit as aforesaid and of other moneys as provided by him for the completion of the said purchase and has lost the expenses incurred and in by him in investigatingthe title of the defendant the and has incurred preparing to perform agreement on his part, in thereof the to endeavouring performance by expense procure The the defendant.

5. The

plaintiff prays

judgment

for

dollars

compensation.

No.
BREACH OF AGEEEMENT

57.
TO PURCHASE LAND.

(Title.)
A.
1.

B., the
the entered

above-named

states plaintiff, 19.

,
.

as

follows the

On

day
into

of
an

at
, ,

and plaintiff

defendant
a

agreement,
19.
,
.

under

their

hands, of which
the and plaintiff

copy

is hereto

annexed.
at
, ,

[Or, on
defendant defendant

the

day of mutually agreed

that the
in

and

forty
then

acres

of land the absolute

sell to the should plaintiff from the plaintiff defendant should jjurchasc the villageof for dollars.]

that

the

2. On
the

day
owner

of
,

19.
.

at
, ,

the

of the
as

said
was

property [and the

made
a

being plaintiff, same being

to the

free from

all incumbrances,
to
same

tendered conveyance convey

the

defendant

to appear sufficient

ant], defendof

instrument

of the the
same

[or, was
defendant

to

the

ready by
the

and
a

and willing,

offered, to
on

sufficient instrument],
sum.

the

payment

by

the

defendant has
not

of the

said
same.

3. The

defendant

paid
of

[Demand

judgment.]

CIVIL

PROCEDURE

CODE.

507

No. Another
NOT COIVIPLETING
A

58.

form.
OF IMMOVABLE PEOPERTY.

PURCHASE

(Title.)
A.

B., the above-named

states plaintiff, the

as

follows
,
.

1. By an it was 19. agreement dated day of the plaintiff and that the defendant the agreed by and between the the defendant sell should and defendant should to plaintiff house and land at the price of a purchase from the plaintiff the terms and conditions dollars, upon following(that is to say) the defendant should the plaintiff That to a (a) deposit of pay the the said purchase-money dollars in part of on the on signing of the said agreement, and the remainder 19 of which the said on day day purchase should be completed. should deduce and make a (6) That the plaintiff good title to the said the before day of premises on or
,
"

19.
.,

and

on

payment
as

of the aforesaid
conveyance

said

remainder
execute

of the
to

said the

purchase-money
defendant
be 2. times
a

should of the expense. all

prepared

proper at the

said

premises, to

defendant's

All conditions

were

fulfilled,and
to entitle the

elapsed
pay

necessary

things happened, and all the said to have plaintiff

his

agreement performed by the defendant

did not the the plaintiff remainder aforesaid.

on

part, yet

the

defendant
as

of the said

purchase-money

he incurred has thereby lost the expense which in plaintiff his been said and the has to on perform preparing part, agreement in endeavouring to procure the performance thereof put to expense by the defendant. [Demand of judgment.] 3. The

No.
NOT DELIVERING

59.
GOODS SOLD.

(Title.)
A. B., the
1.

above-named

states plaintiff, 19.

,
.

as

follows
the
,

On

the

defendant hundred
19
. .

day of mutually agreed

that

at
,

and plaintiff
deliver

that

the

defendant
the

should

[one
,

barrels

of flour]to the the

,] and
On
to

[on plaintiff therefor should plaintiff pay

the
was plaintiff

day

of dollars
on

delivery.
2. the pay

[said] day

offered

the defendant

the

said

sum

ready and willing,and deliveryof the said upon

same,

goods.
3. The has been

defendant

has

not

delivered

the

whereby
have

the

plaintiff
to him

from

such

deprived of delivery.

the

which profits of

would

accrued

[Demand

judgment.]

508

No.

15
No.

OF

1918.

60.
TO EMPLOY.

BREACH

OF

CONTRACT

(Title.)
A. B., the
1. On

above-named

states plaintiff, 19.

,

as

follows
,

the

defendant defendant
case

day of mutually agreed

[an accountant,
that the

that
or

the

as

in the

may

be, and

defendant

the plaintiff and should the serve plaintiff of the foreman, or as capacity should employ the plaintiff as
at
.

such, for the term

dollars
2.

of [one of

year],and
19
,
" "

pay

him

for his services

On

[monthly]. the day

of the defendant

the
,

entered plaintiff has

such
ever

upon

the
the

service

as

aforesaid, and
continue the in

since

been, and

still is, ready and remainder

3.

willingto

service

during
has

of the the the

said year,

whereof
,

defendant the
.

always
him

notice.

On

discharged
aforesaid,
or

day of and plaintiff,

him

19.
,

defendant

wrongfully
to
serve as

refused

to

permit

to pay

for his services. of

[Demand

judgment.]
61.
WHERE

No.
BREACH OF CONTRACT
NEVER

TO

EMPLOY,
TOOK

THE

EMPLOYMENT

EFFECT.

(Title.)
A. B., the above-named
1. 2. states plaintiff,
as

follows

[As
On

in last the

preceding form.] day of

upon the service
to do. to
so willing

19
,
. .

at
, ,

the

plaintiff
ever

offered to enter been

of the defendant, and

has

since

ready

and

3. The such

defendant
or

refused
him

permit
of

the

to plaintiff

enter

upon

service,

to pay

for his services.

[Demand

judgment.]
62.
TO SERVE.

No.
BREACH OF CONTRACT

(Title.)
A. B., the above-named
1
.

states plaintiff, 19
,
. .

as

follows the
,

On

the

defendant defendant defendant

day of mutually agreed

at
an serve

at
,

that

the

should plaintiff

and plaintiff employ the

that term the

[annual] salary of
the
as plaintiff

dollars, and

should

[an artist]for the

and

of

[one year].
2. The has always plaintiff been
on

ready
the

part of the said agreement offered so to do].

3. The
19.
.

[and

to perform his willing 19. of day

,
.

defendant

above-mentioned
he
,

[entered upon] the service of day, but afterwards, on the

serve

the

on plaintiff of day

the
,

refused

to

aforesaid. as plaintiff of judgment]. [Demand the

510

No.

15

OF

1918.

No.
ON
A

66.
FIDELITY

BOND

FOR

THE

OF

CLERK.

(Title.)
A. B., the
1
.

above-named

states plaintiff, 19
,
. .

as

follows
,

On

the
as a

day
clerk.

of

at
,

plaintiff employed
the
,

one

E. F.
2.

On

the with
the

agreed faithfully should fail to account or perform his duties as a clerk to the plaintiff, for all moneys, evidences of debt, or other property to the plaintiff him the the received for of the defendant would use by plaintiff, pay to the plaintiff whatever loss he might sustain thereof, by reason dollars. not exceeding
not to

day of that plaintiff

19,

at

defendant

if the

said E. F. should

[Or, 2. At the same the plaintiff, by

time
a

and

place,the
under his if the

defendant

bound the

himself

writing

hand,

of

dollars,conditioned

that

said E. F. should evidences

perform his duties as clerk and cashier to the for all moneys, to the plaintiff justly account
other the

penal sum faithfully and should plaintiff,

of debt,
in trust
or

in

property

which
same

should should
time

be be

at any

time

held

by

him

for

the plaintiff,

void

but not

otherwise.]
executed
to the

[Or, 2. At the bond, a plaintiff

3.

same a

and

place the
is hereto

defendant

copy

of which

annexed.]
and
. .

Between
19.
,
.

the
the
,

day
value
not

of
,

19
,

the

day

of

said E. F. received of

money

and
use same

other of the

property,

amounting
for which due and

to the

he has

accounted

dollars,for the to him, and the

of

plaintiff,

still remains

unpaid. [Demand judgment.]

67.
WITH SPECIAL DAMAGE.
'

No.
BY

TENANT

AGAINST

LANDLORD,

(Title.)
A. B., the above-named 1. On
an

states plaintiff, 19.

,
.

as

follows the
,

the
in

instrument

day of writing, let

term

at
,

defendant, by
No
,

to

the

[the house plaintiff

years,

street], for the

of

that he, the plaintiff, and plaintiff thereof for quietly enjoy possession
2.

his the

the contracting legalrepresentativeshould with said term.

All conditions

were

fulfilled and
maintain

all

things happened

necessary

to entitle the 3.
was

to plaintiff

this suit.

On

the
owner

day

of

during
the

the lawful

of the said house,

E. F., who the said term, one the evicted plaintiff lawfully from
him.

therefrom, and
4.

stillwithholds

possessionthereof

The of
in

was plaintiff a

business dollars

tailor at the
and

thereby [prevented from said place,was compelled

lost the
custom

moving,

of G. H.

continuing the to expend and I. J. by such

removal]. [Demand
of

judgment.]

CIVIL

PROCEDURE

CODE.

511

No.
BREACH OF WARRANTY

68.
OF MOVABLES.

(Title.)
A. B., the
1. On the
a

above-named

states plaintiff,
,
.

as

follows
,

warranted induced liim 2. The the lost the

the

19. the defendant at day of be in good working order, and thereby steam-engine to of him, and to purchase the to pay same plaintiff
,

dollars said

therefor.
was

engine

not

then in

incurred plaintiff

expense

good working order, whereby having the said engine repaired,and

in

which could profits under engine was repair.

otherwise

have

accrued

to him

while

the

[Demand

of

judgment.]
69.
OF INDEMNITY.

No.
ON
AN

AGREEMENT

(Title.)
A. B., the above-named
1
.

states plaintiff,

as

follows
,

On

the

day

of
,

19
. .

at
,

the

and plaintiff

the firm of A. B. and defendant, being partners in trade under C. D., dissolved the said partnership,and mutually agreed that the defendant should take and keep all the partnership property, pay all debts of the firm, and against all claims that indemnify the plaintiff

might
said 2.

be

made

upon

him

on

account

of any

indebtedness

of the

firm.
The

plaintiff duly performed

on

all the

conditions

of the

said

agreement
3.

his

part.
of
,

On

the
the
,

against
at
on

day and plaintiff

a

19.
.

[a judgment

was

recovered of
. . . .

defendant due
,

by
the

one

E. F., in the Court

upon

debt of

from
19
. .

the

day
of the

to the said E. F., and dollars [in ] the plaintiff paid

said firm

satisfaction
4.

same].
has
not

The

defendant

paid
of

the

same

to the

plaintiff.

[Demand

judgment.]
70.
FOR NOT

No.
BY SHIPOWNER AGAINST

FREIGHTOR

LOADING.

(Title.)
A. B., the
1
.

above-named

states plaintiff, 19
,
. .

as

follows
the
,

On

the entered

day
into

of
an

at
,

and plaintiff
is hereto

defendant annexed.

agreement,
the
,

copy

of which

[Or,

1
.

On
,

at the
on
,

and x^laintiff should

defendant
to 19.
,
.,

agreed by

charter-party that ship

,at

defendant
the

deliver

the

plaintiff's

day

of

five hundred

512
tons

No.

15
she

OF

1918.
carry to
,

of merchandise, which deliver,on payment of have

should

and

there

defendant should freight; and that and. days for discharge, days days for loading, dollars per day.] for demurrage, if required,at 2. At the time fixed for the said agreement the plaintiff was ready and offered, to receive and willing, [the said merchandise, or, the the defendant. in the said agreement] from mentioned merchandise for loading and demurrage has elapsed,but 3, The period allowed
. . .

the

the

defendant

has

not

delivered

the

said merchandise

to the

said

vessel.

Wherefore,

the

demands plaintiff dollars

demurrage
D."

and

additional

dollars judgment for for compensation.

for

PLAINTS

FOR

COMPENSATION No.
TRESPASS

FOR

WRONGS.

71.
ON LAND.

(Title.)
A. B., the above-named
1. On states plaintiff,
as

follows

the upon the

day
certain
same

of
,

19.
.

at
, ,

the
as

defendant

entered

land with

of

the

known plaintiff, the

[and
cut

depastured
timber, and

otherwise

cattle, trod down injured the same].

of No.

grass,

the

[Demand

judgment.]
72.
A

TRESPASS

IN

ENTERESTG

DWELLING-HOUSE.

(Title.)
A.

B., the

above-named entered noise

states plaintiff,
a

as

foUows the

called plaintiff, a long time, and broke open the doors of the said dwelling-house,and removed, the fixtures and goods of the plaintiff took, and carried away therein, to the defendant's and and disposed of the same own expelled use, and his family from the possessionof the said dwellingthe plaintiff so expelled for a long time. house, and kept them w as 2. The thereby prevented from carrying on his plaintiff incurred in procuring another business, and dwelling-house expense for himself and family. [Demand of judgment.]
1. The
,

defendant made

dwelling-house of
disturbance

and

and

therein

for

No.
TRESPASS ON

73.
MOVABLES.

(Title.)
A.
1.

B., the
the ten

above-named

states plaintiff,
,

as

follows the
,

On

day
barrels of

of
rum

19..,

at

defendant

broke

open

belonging to

the

and emptied plaintiff,

CIVIL

PROCEDURE

CODE.

513
took the

their

contents

into
is to

the

street

[or, seized
the
same

and and

plaintiff's
as

goods, that
case

say,

iron, rice, and

away

household

furniture, or

the
to

may
own

his

be, and use].

and them

carried

disposed of

them

[Or,

seized

took

the

and

kept

them

cows plaintiff's impounded

and for
a

bullocks, and long time.]

use

pounded im-

was thereby deprived plaintiff bullocks during that time, and incurred restored to him and in gettingthem ; and he them otherwise at as fair, selling

2. The

of the

of the
in

cows

and

expense
was

also

feeding them prevented from

done, and
to the

would
in value

have

the

said

cows

and

bullocks the

are

diminished
to

plaintiff

[otherwise,state

injury according

the

facts].

[Demand

of

judgment.]

No.
CONVEESION OF

74.
PROPERTY.

MOVABLE

(Title.)
A.
1. On

B,, the above-named

the

states plaintiff, 19
,
" "

as

follows
in

day
barrels

of
in

the
,

was plaintiff

possession
[or, of
to

of certain
one

goods
that
use,

described of

the

schedule

hereto

annexed

thousand 2. On

flour].
the the
same use
,

his

own

and

the defendant converted day, at of wrongfully deprived the plaintiff

same.

and

possession of the

[Demand
The

of

judgment.]

Schedule.

No.
AGAINST
A

75.
REFUSAL TO DELIVER GOODS.

WAREHOUSEMAN

FOR

(Title.)
A.
1. On

B., the above-named

the

states plaintiff, 19
,
. .

as

follows the

day
of the

of
to

at
, ,

consideration dollars
per

payment barrel, per month,

barrels

him

of
to

dollars

defendant, [or,
his

in

etc.],agreed
to deliver

keep
same

in

[one hundred
on

of

and flour]
sum.

the

to the

godown plaintiff
the said

payment

of the said the of

2. Thereupon [hundred barrels 3. On defendant

the

deposited with plaintiff flour].

of
,

the defendant

day
of
the

19.
.

the
,

plaintiff requested
him

the

to deliver

the said

goods, and

tendered

dollars the defendant

[or
4.

the

full amount
to

storage due

thereon], but
from

refused The

deliver

same.

was plaintiff

thereby prevented
same are

goods

to

E. F., and

the

lost to

the

sellingthe plaintiff.

said

[Demand
ni"

of

judgment.]

33

514

No.

15

or

1918.

No.
PROCURESTG PEOPERTY

76.
BY FRAUD.

(Title.)
A.
1.

B., the
the

above-named

states plaintiff,
,
.

as

follows
,

On

for the

represented
and

purpose to

of the

the defendant, 19. at day of certain tiff to sell him goods, inducing the plain that the defendant, was solvent, [he, plaintiff
,

worth

dollars

over

all his liabilities].

to sell

2. The defendant 3. The

was thereby induced plaintiff [dry goods] of the value of

[and deliver] to
state

the

dollars.

said

representations were
were

false

[or,

the
to

particular
so.

falsehoods] and
4.

then has

known
not

by

the

defendant

be

The
were

defendant
not

goods
the

delivered, the
and

said

goods

paid for the said goods. [Or, if the in preparing and plaintiff, shipjDing their restoration expended procuring
of

dollars.]

[Demand

judgment.]
77.
CREDIT PERSON. TO BE GIVEN TO

No.
FRAUDULENTLY PROCURING ANOTHER

(Title.)
A.
1.

B., the
the
to

above-named

states plaintiff, 19.

,
.

as

follows the
,

On

represented
credit, and
then

the

day of that plaintiff

dollars

at
,

defendant
and in

one over

E. F.

was

solvent

good
E. F.

worth
a

all his liabilities

[or,that

and
2.

responsible situation might safely be trusted with

held The
was plaintiff

and

was on

in

good circumstances,
said E.F.

goods

credit].

thereby
dollars

induced

to sell to the

[rice] by
to

of the
3.

value

of

[on

month's false and made

to
were

credit].
then with and known
intent

The

said

representationswere
to

the

defendant and

be

so,

and

were

by

him

deceive

defraud

the

[or, plaintiff

deceive

injure

the

plamtiff],
4.

The

said E. F.

[did not
lost the

pay

for the said

not

goods

at the

expiration
the

of the

credit

aforesaid, or] has

has plaintiff

wholly

same

paid by reason

for the

said

rice, and

of the

premises.

[Demand

of

judgment.]
78.
THE

No.
POLLUTING THE WATER UNDER

PLAINTIFF'S

LAND.

(Title.)
A.
1. The
was,

B.,

the

above-named

states plaintiff, all

as

follows

is, and at plaintiff possessed of certain land

the

times

hereinafter
situate in

mentioned and
,

called

and

CIVIL

PROCEDURE

CODE.

515
was

of

well
use

therein, and
and the benefit
certain

of water of the

in the

said and

well, and
which
or

entitled

to the

said well
streams

of the of water

said water

therein,
and without

and
ran

to have into

springs and

flowed
run

well to supply the polluted. 19. the 2. On day of fouled and polluted the said well and of water the said springs and streams

said

same

to

flow

being

fouled

or

the
.

defendant said
water

wrongfully
therein into the and said

the

which

flowed

well.
3.

By
the

reason

of the and
his

premises family
are

the

said and

water

in

the

said

well

became and

impure and plaintiff

said well and

unfit for domestic

other

necessary
use

deprived

of the

purposes, and benefit

of the

water.

[Demand

of

judgment.]
79.
MANUFACTURE.

No.
CARKYING ON
A

NOXIOUS

(Title.)
A.
1. The
was,

B., the

above-named
at

states plaintiff,

as

follows

is, and plaintiff possessed of certain

since

all the called of

times

hereinafter
situate 19. in

mentioned

lands

2. Ever

the
to issue

day
from

the
.

defendant carried

has
on

wrongfully by the defendant

smoke and
over

caused

certain

smelting
matter,

works

large quantities
vapours upon

of offensive

and which

unwholesome

other and the

and the said

noxious

spread
the

selves them-

lands, and

corrupted

air, and

settled
3.

on

surface

of the

said lands.

Thereby the trees, hedges, herbage, and crops of the plaintiff in value, damaged and deteriorated growing on the said lands were lands of the plaintiff the said live-stock and the cattle and on became were poisoned and died. unhealthy, and divers of them unable of the premises the plaintiff to depasture 4. By reason was cattle and the said lands with sheep as he otherwise might have his cattle, done, and was sheep, and farming-stock obliged to remove therefrom, and has been prevented from having so beneficial and and occupation of the said lands as he otherwise healthy a use
would have had.

[Demand

of

judgment.]
80.
A

No.
OBSTRUCTING

WAY.

(Title.)
A.
1. The

B., the

above-named
at

states plaintiff,

as

follows

is, and plaintiff

in the

the

time

hereinafter

mentioned

was,

possessed of [a house
2.
a

villageof
from

].
the said

He

was

entitled
a

certain

field to
over

to a right of way public highway and field to

on

[house] over
the said his

back

again

from

highway
servants

the

said

the

said

house, for himself

all times

and

[with vehicles, or,

foot] at

of the

year.

516
3.

No.
On
the

15

OF

1918.
19. the
.

day
said way,
on

of
,

defendant

obstructed

the
or,

so

that
any

vehicles,
has
4.
ever

foot,

or,

in

could plainti"f manner] along the

the

wrongfully [with pass said way [and

not

the same]. wrongfully obstructed [State specialdamage, if any.] [Demand of judgment.]

since

Another
1. The

form.
and from

defendant
in

and
as

stones

the it.

wrongfully dug a trench public highway leading plamtiff,while

the said earth and suffered for
a

heaped
to

up

earth
so

to obstruct

2. Thereby the highway, fell over

lawfully passing along

stones

the

said

and

[or,into the said trench]

and

broke

his arm,

attending
medical

to his business

prevented from great pain, and was for long time, and incurred expense
of

attendance.

[Demand

judgment.]
81.

No.
DIVERTING A

WATEE-COURSE.

(Title.)
A.
1. The

B., the

above-named
at
on

states plaintiff,

as

follows

is, and plaintiff

of
mill

the
a

time

hereinafter

mentioned
as

a possessed the villageof 2. By reason

situated
,

[stream] known

the

was, in
,

district of of such
stream
was possession the plaintiff for working the said mill.

entitled

to

the

flow
3.

of the On bank the

said

day

of
,

19.
.

the
,

the
so

that
4.

said stream, wrongfully diverted less water into the plaintiff's mill. ran
reason

of the

defendant, by cutting the water thereof,

By
he

than
water,

sacks
was

the plaintiff has been unable to grind more diversion before the said whereas, day, per sacks per day. able to grind of judgment.] [Demand No.

thereof

of

82.
USE WATER FOR IRRIGATION.

OBSTRUCTING

RIGHT

TO

(Title.)
A.
1. The

B., the

above-named
was

states plaintiff, at

as

follows

is, and plaintiff

of certain of the lands
water

the

time

hereinafter

mentioned,
to

possessed use a portion

said lands.
2.

situate, etc., and entitled for of a certain stream

take

and

the irrigating

19. the defendant prevented day of the plaintiff from taking and using the said portion of the said water as aforesaid, by wrongfully obstructing and diverting the

On

the

said

stream.

[Demand

of

judgment.]

518

No.

15

OF

1918.

No.
INJURIES CAUSED BY

87.
ON A RAILWAY.

NEGLIGENCE

(Title.)
A.
1. On

B., the
the

above-named

states plaintiff,

as

follows
were

of passengers
2.

day of by railway day

he
was

19.
,
.

the defendants
,

carriers

between
a

and
passenger in
one

On

that

the
on

Avas plaintiff

of the

carriages
station

of the
3.

defendants

the such

said road.
at

While

],a collision ; occurred the said railway, caused the on by negligence and unskilfulness of the defendants' the much servants, whereby plamtiffwas injured [having his leg broken, his head cut, etc., and state the for medical special damage, if any, as], and incurred expense is and disabled from attendance, permanently carrying on his former
or,

of

between

passenger, the stations

[or, near
and

the

of

business

as

[a salesman].

[Demand
"

of

judgment.]

[Or thus : 2. On that day the defendants so by their servants negligently and unskOfully drove and managed an engine and a train of carriagesattached thereto upon and along the defendants' which the then was j^laintiff railway lawfully crossing,that the and said engine train driven were against the plaintiff, whereby,
etc.,
as

in

" 3.]
No.
INJURIES CAUSED
BY

88.
NEGLIGENT DRIVING.

(Title.)
A.
1. The

B., the above-named

is plaintiff is
a a

states plaintiff,

as

follows

shoemaker,
of of
,

carrying
19.
.

on

business

at

The

defendant the

merchant

2. On eastward
in the street

day
He

the
,

was plaintiff

walking
3 o'clock

along
afternoon.

road
was

in the

town

of
,

at about

is a obliged to cross street, which at he was right angles. While just before he could reach the foot-pavement further side the drawn on thereof, a carriageof the defendant's by the charge and control of the defendant's two horses, under servants, was negligently, suddenly, and without warning turned at a any and of into road. The out street rapid dangerous pace of the struck the knocked and him down, pole carriage plaintiff and he was much trampled by the horses.

running into crossingthis street, and

road

3.

B}^ the
as

blow he
was

and

broken, and
well four months and incurred

bruised

and internally, ill and in

left arm was trampling the plamtiff's the side and back, as injured on in consequence thereof the plaintiff for \Aas and unable to attend to his business, suffering,
and

fall and

heavy
and

medical

and

other

expenses,

and

sustained

great

loss of business The

profits.
dollars

claims plaintiff

damages.

CIVIL

PROCEDURE

CODE.

519

(Title.)
WRITTEN

STATEMENT

OF

DEEENDANT.

plaint charge or of the control The defendant's servants. carriage belonged to E. and G. F. of H.] [Messrs. street, livery stablethe defendant him with to keepers, employed by supply carriages and under whose the horses, and the person charge and control said of the said [Messrs. E. F. and carriage Avas Avas the servant G. H.].
was

1. The

defendant

denies

that

the

carriagementioned
it
was

in the

the

defendant's

carriage,or

that

under

the

2. out
or

The of

defendant
street

does

not

admit

that the said

carriagewas
without

turned

at 3.

rapid

or

either negligently, suddenly, or dangerous pace.

says

warning,
could, by
the it. the third said

The

defendant

that
care

the and

the

exercise

of reasonable

plaintiff might have diligence,

any the
statements

and
seen

carriage approaching him,

4.

and
not

avoided admit

collision with of

The

defendant of the

does

paragraph

plaint.
No. 89.
LIBELLOUS
IN

LIBEL

THE

WORDS

BEING

THEMSELVES.

(Title.)
A.
1. On

B., the

above-named

states plaintiff,
,

as

follows
,

the the 19.., at day of called the published in a newspaper, [or,in a letter to E. F.], the following words concerning the plaintiff
"

defendant addressed

[Set
2.

forth

the

words

used.]
malicious.

The

said

publication was [Demand

false and of

judgment.]
90.
LIBELLOUS
IN

No.
LIBEL

THE

WORDS

NOT

BEING

THEMSELVES.

(Title.)
A.
1. The
,

B., the above-named

states plaintiff,
on

as

follows the

[is, and] was, plaintiff 19. merchant a doing

.

and

before
in at

day
of defendant

of

business
19.
,
.

the

town
,

2. On

the in
a

day
newspaper,

of called the

the
a

published
to E. the

[or, in

letter addressed

F., or otherwise
"

how

words the following published],

concerning

plaintiff [" A. B.,

of this town,
to the

has

modestly
of

retired

to

It is said

that

creditors

amount

dollars

foreignlands. are anxiously

absconded

seeking
3. The to

his address."] defendant

meant

thereby

that

had [theplaintiff
to defraud

avoid
4.

his creditors,and
said

"with mtent

them].

The

publication was [Demand

false and of

malicious.

judgment.]

520

No.

15

OF

1918.

No.
SLANDER

91.
ACTIONABLE IN

THE

WORDS

BEING

THEMSELVES.

(Title.)
A.
1. On

B., the above-named

the

states plaintiff,
,
.

as

foUows

19. the defendant at day of in the hearing of E. F. [or sundry falselyand maliciously spoke, persons], the following words concerning the plaintiff [" He is a thief "].
, ,
"

2.
as

In

of the said words consequence in the employ of

the

lost plaintiff

his situation

[Demand

of

judgment.]
92.
ACTIONABLE
IN

No.
SLANDER

THE

WORDS

NOT

BEING

THEMSELVES.

(Title.)
A.
1. On

B., the
the

above-named

states plaintiff, at
. .

as

follows the
,

and falsely He is a [" 2. The the

19 day of E. maliciouslysaid to one of man remarkably young

,

defendant

F.
easy

concerning
conscience
as

the

plaintiff
"

"].
a

was plaintiff

then

seeking employment
said words, that the

clerk, and
not

defendant
as

meant,
a

by

the

was plaintiff

trustworthy
3. In

clerk.

employ

of the said words consequence the plaintiff a clerk]. as

[the

said

E. F. refused

to

[Demand

of

judgment.]
93.

No.
MALICIOUS

PROSECUTION.

(Title.)
A.
1.

B., the above-named

the
a as

states plaintiff, 19.

,
.

as

follows the
,

On

day
the
case

of from

at
,

defendant of the said

obtained

warrant

of arrest
may

[a Magistrate
of
,

town,
was

or,

arrested

thereon, and
sum

be],on a charge imprisoned for

dollars acted

and the plaintiff [days, or hours, and

his

gave

bail in the
so

of

to obtain

release.]
and without

2. In reasonable 3. On the
4.

doing the or probable day

of the

defendant
cause.

maliciously
said

the

of
,

19
. .

complaint

defendant
names

and
are

Magistrate dismissed acquitted the plaintiff.

the

Many hearing of
have

whose persons, the said arrest, and

to

unknown

to

the

plaintiff,
a

to supposing the plaintiff

be

cruninal,
of the

ceased

do

business

with

him

or,

in

consequence

said arrest, the plaintiff lost his situation E. F. ; or, clerk to one as of the premises the plaintiff suffered pain of body and by reason

CIVIL

PROCEDURE

CODE.

521

transacting his business, and was in obtaining his release incurred injured expense from the said imprisonment and in defending himself against the said complaint. of judgment.] [Demand
was

mind

and

prevented

from

in his

credit, and

E."

PLAINTS

IN

SUITS

FOR No. 94.

THE

SPECIFIC

PROPERTY.

BY

THE

ABSOLUTE

OWNER

FOR

POSSESSION

OF

IMMOVABLE

PROPERTY.

(Title.)
A. 1. X. situate

B., the above-named

Y.
was

states plaintiff,
owner

as

follows

the

absolute
,

[of
of the
,

the

estate, called
value of
town

in the
or,

district of of the house No

and

estimated

dollars ;
,

street, in the
is

of

the
2.

estimated

value of

of which
19.
,
.

dollars]. illegally dispossessedthe

On

the Y. of the said A. X.

day
Y.

Z.
,

said X.
3.

said estate has

[or house].
died

The
said

since

intestate,leaving the plaintiff,

the
4.

B., his heir, him

withholds
the

surviving.
the

The

defendant

possession

of

the

estate

[or

house]
The

from

plaintiff. judgment
the
"

plaintiff prays
the

(1) For (2)

For

possessionof
dollars

said

premises
for

;
same.

compensation
Another

Avithholdingthe

form.
states plaintiff,
as

A. 1. On

B., the
the

above-named

follows

day

of
a

the house of

writing,let to the defendant

street, in the
at
,

] for

term

by an instrument plaintiff, premises [No. 52, five years from the day
and dollars. covenanted
to

in

of

the

monthly

rent

of 300 the

2. said
3.

By
The the

the

said instrument
and

defendant
and

keep

the

house

premises

in

good
upon

tenantable
a

repair.
of re-entry, entitling
and
or

said instrument
to plaintiff rent

also contained
the

clause house the

covenant

re-enter

said

premises, in
not, should
should his part

case

the in

be

make
to

be
4.

thereby reserved, for twenty-one days, arrear in the performance default performed.
the the
on

whether
or

demanded
case

in

defendant
upon

of any

On
on

and

due

the

day of day of day of days

same are

19.
,
.

a
,

month's

rent

became
rent in

due,
for

19.
,
.

another
,

month's had been

became

19.
,
.

both
,

arrear

twenty-one
5.
were

and

both

are

still due.
19
,
. .

On
not

the and

day
not
now

of

the house
,

and

jjremises
it would

in

good

or

tenantable

and repair,

522

No.
a

15

OF

1918.
the
is

require the expenditure of in good and tenantable same much depreciated in value. (1) Possession (2) (3) (4)
from of the for

of money to reinstate large sum reversion repair,and the plaintiff's The claims plaintiff
"

said
arrears

house

and

premises
;

dollars dollars his covenant dollars the

of rent for

compensation to repair ;
for the of

the

defendant's

breach

of

occupation
,

of the
.

house

and

premises
ing recover-

day possession.

19.
,

to the

day

of

No.
BY THE

95.
TENANT.

(Title.)
A.
1. One

B., the above-named

E. F. is the bounded
,

states plaintiff,
owner :

as

follows

absolute follows

of
is

as

of [a piece of land in the town value of which ],the estimated

dollars. 2. On the
to

premises
3. The

the

day of for plaintiff

withholds

19.
,
.

the
,

said

E. F.

let the

said

years,

from thereof from the

defendant

the

possession

plaintiff.
[Demand
of

judgment.]
96.
WRONGFULLY TAKEN.

No.
MOVABLE PROPERTY

(Title.)
A. 1. On which
2.

B., the above-named

the
one

states plaintiff, 19.

,
.

as

follows

day
hundred dollars.

of barrels

plaintiffowned
estimated

[or
value

was

possessedof]
is

of flour, the

of

On

that

day,

at
,

the

defendant

took

the

same.

The

plaintiff prays
the
case

judgment

"

(1) For
in

possession of the said such possession cannot

dollars

goods,
be had for the

or

for

dollars

(2) For

compensation
No.
97.

detention

thereof.

MOVABLES

WRONGFULLY

DETAINED.

(Title.)
A. B., the
1.

above-named

states plaintiff, 19.

,
.

as

follows

On

the
a

facts

shewing
hereto
is

day right to
annexed

of

schedule of which

owned [or, state plaintiff the possession] in the the goods mentioned value [or describe the goods],the estimated
,

dollars.

CIVIL

PROCEDURE

CODE.

523
of this
suit

2.

From

that

day

until
the

the
same

commencement

the

defendant 3. Before

has detained
the
,

from

the

plaintiff.
"

commencement 19..
"

of this suit demanded plaintiff

to

wit,

on

the from the

day
The

of
but

the

the

same

defendant,

he

refused

to deliver
"

them.

plaintiff prays
(1) (2)
For in For

judgment

the
case

such

possession of the said goods, or be had ; possession cannot

dollars

for

dollars

compensation
The Schedule.

for the

detention

thereof.

No.
AGAINST
A

98.
AND HIS TRANSFEREE WITH

FKAUDULENT

PURCHASER NOTICE.

(Title.)
A. B., the above-named
1. states plaintiff,
as

follows

On

the for the

day
purpose

of
,

19.
.

at
, ,

the

defendant
certain

[CD.],

of the

goods, represented to
dollars 2. The C. D.
over was plaintiff

to sell him inducing the plaintiff that [he was plaintiff solvent, and

worth

all his

liabilities].
induced
to sell and dehver to the said

thereby
boxes

[one

hundred

of tea], the

estimated

value

of which

is

dollars. 3. The the said said C. D.

representationswere to be so. [Or, That

was

false,and
at the time

were

then

known the

by
said
to

of

makmg
knew

representations, the said C. D. be so.]

4.

insolvent, and
transferred the

himself

The

said

CD.

afterwards

said had

goods
notice

to

the

defendant of falsity The

E. F.
the

without

consideration

[or who

of the

representation]. judgment
"

plaintiff prays
the
case

(1) For
in

possession of the said goods, or such possessioncannot be had ;

dollars

for

dollars

(2) For

compensation

for the

detention

thereof.

F."

PLAINTS

IN

SUITS No.

FOR 99.
ON
THE

SPECIAL

RELIEF.

FOR

RESCISSION

OF

CONTRACT

GROUND

OF

MISTAKE.

(Title.)
A. B., the above-named 1. On
to the states plaintiff,
as

follows defendant

the

day
a

of
,

19.
.

the
,

that plaintiff
at

certain
,

piece
contained

of

represented ground belonging to the

defendant, situated

[ten acres]

524
2. The
was plaintiff

No.

15

OF

1918.
to

thereby
instrument
no

induced

purchase

the

same

at the
was

price of
true, and
hereto
to

dollars in the

belief that

signed

an

said representation of agreement, of which a copy of the

same

the

is

annexed.

But

conveyance

has been

executed

him.
3.

On

the

day
dollars

of
,

19..,

defendant
4. The

as

part of such
contained
"

the plaintiffpaid purchase-money.

the

said

piece of ground judgment

dollars with
;

in fact

only [fiveacres].

The

plaintiff prays
19..

(1) For (2) That

the

interest

from

the

day
delivered

of
,

said

agreement

of

purchase

be

up

and

cancelled.

No.
FOR
AN

100.
RESTRAINING WASTE.

INJUNCTION

(Title.)
A. B., the above-named
1. The 2. The is plaintiff the states plaintiff,
owner as

follows

absolute

of the

the property]. [describe

same

defendant

is in

possessionof
[cut down
a

under

lease from

the

plaintiff.
The

3.

defendant
to cut

has

number

of valuable
purpose

trees, and

threatens the consent

down

many

more

for the

of

sale]without
restrained
waste
on

of the

plaintiff. by
the

be plaintiff judgment that the defendant prays from further or injunction committing permitting any said premises.

The

[Pecuniary compensation might

also be

prayed.]

No.
FOR
ABATEMENT

101.
OF
A

NUISANCE.

(Title.)
A.
1. The the

B., the above-named

is, and plaintiff
owner

states plaintiff, at all the times

as

follows

hereinafter
,

mentioned

was,

absolute 2. The

of [the house

No said
times

street,
was,

].
absolute

defendant

is, and

at

all the
same

the

owner

of [a the

plot of ground

in the
,

street the
.

].
erected the and
same

3. On his said

plot a from that day until the present time be brought and killed there [and has thrown into the street opposite the
4.

19. day of and slaughter-house,

defendant

upon
;

still maintains caused the blood of the

and

has continuallycaused said house

cattle to offal to be

plaintiff]. premises,to
the

abandon
The

has been compelled, by reason [The plaintiff the said house, and has been unable

of the
to rent

same.]

plaintiff prays

judgment

that

the said nuisance

be abated.

526
5.

No.
He
claims
no

15
in

OF

1918.
said

interest is

the and

property, other
to

than it to

for such

charges
persons 6. This

and
as

costs, and
shall not

ready

wiUing
collusion

deliver

the Court
suit is

direct. with either of the

brought by judgment

defendants.
The

plaintiff prays
(1) That
the

"

defendants

taking
thereto

any
;

restrained, by injunction, from in relation proceedings against the plaintiff

be

(2) That
their

they
claims
some

be

required

to

interplead together concerning

to receive

to the

said property ; the said property

[(3) That (4) That

be

pending
upon

person be authorized such Utigation ; ]

to such [person]the plaintiff deliveringthe same to either of the defendants discharged from all liability

in relation

thereto.

No.
ADMINISTRATION

105.
BY

CREDITOR.

(Title.)
A. B., the above-named
was
,

states plaintiff
^

as

follows

1. E. F., late of

at the time

of his death, and

sum

his estate

still is, indebted

nature 2. and

to

the

in plaintiff

the

of

[here insert day

his estate of
,

of debt
The

and

if any]. security, made his will, dated the the

said

E. F.

thereof

appointed
said will
were was

C. D. executor
as case

etc., or, died intestate,

3. The

may

[or, devised be].

said C.

in trust,

admmistration
4.

proved by the granted, etc.].

has

T". [or, letters

of

The

defendant
or, the

immovable,
E.
F. ; and 5. The

has

not

possessed himself of the movable [and of the said of the immovable] property proceeds the h is said debt. paid plaintiff
on or

said

E. F. died

about
an

the
may

day
be

of taken of the

6. The movable that the

plaintiff prays
same

that

account

[and immovable] property of the said E. F., deceased, and

may

be administered

under

the decree

of the Court.

No.
ADMINISTRATION BY

106.
SPECIFIC LEGATEE.

(Title.) [AlterForm
[Omit
,

No.

105

thus

:]

paragraph 1 and commence paragraph 2] E. F., late of his last will,dated and the duly made day of thereof appointed C. D. executor, and by such will bequeathed to the [here state the specific plaintiff legacy].
,

CIVIL

PKOCEDURE

CODE.

527

For

paragraph
defendant

4 substitute is in

"

The

E. F., and, amongst other of the specific bequest]. For

The to him the commencement

property of the said possessionof the movable the subject things,of the said [here name
of

paragraph
defendant
the

6 substitute

"

that plaintiff prays the said [here name etc.

the

subject of

be ordered to deliver may the specific bequest],or

that,

No.
ADMINISTRATION
BY

107.
PECUNIARY LEGATEE.

(Title.) [AlterForm
No.
105

thus

[Omit paragraph 1 and substitute for paragraph 2] E. F., late of his last will,dated and the duly made day of thereof appointed C. D. executor, and by such will bequeathed to the dollars. a plaintiff legacy of
, ,

In

paragraph

4 substitute

"

legacy

"

for

"

debt."

Another Between and E. F., the

1. A. B., of

form.

E.

Plaintiff,
Defendant.
states plaintiff,
,

G. H above-named

as

follows

K.,

in
5

the 19
" "

day
M. N.

of died
his in

his last will, dated duly made he whereby appointed the defendant

the and

[who
m

the

testator's
whether

lifetime] executors
movable and
income
or

thereof, and
to his to the

bequeathed
executors

property,

immovable,
of his
who

trust, to pay
attain marry,

the rents

thereof

for his life ; and who

that

after his decease, and

in default

plaintiff having a son

attain

should age who

or

twenty-one,
upon be the trust
as

or

daughter

should

to his immovable

property
as

for the

person
had

would
the

testator's who time

heir-at-law,and
of the

to his movable

property for

persons
at the
as

would

be the testator's next-of-kin and plaintiff,

if he
such

died intestate

of the death

failure of his issue 2. The

was

aforesaid.
on

testator

died

the
on

day
the

of
,

19
. .

and
,

his will The

. .

proved by the has not plaintiff

3. The testator

defendant been
was

day
entitled

of
,

19

married.
at his death to movable

and

able immovrents
;

property
the sold immovable
some

; the

defendant

entered

into the receiptof the

of

property and got in the movable part of the immovable property.

"

property

he has

The

claims plaintiff

(1) To

have

the

movable
in this

and

immovable and for that

accounts

property of A. B.
purpose
taken
;
case

administered all proper

Court,

to

have

directions
or

given and
relief
as

(2) Such

further

other

the

nature

of the

may

require.

528

No.

15

OF

1918.

Between

E.

Plaintiff,
Defendant.
STATEMENT
a

and

G. H
WBITTEN

OF

DEFENDANT.

1. A.
was

B.'s will contained

at his

charge
some

of debts immovable
the net

; he

died

insolvent which

he

entitled

death which
some

to

property
sum

the

defendant
and the

sold, and
testator

produced
movable
the net
sum

of the

dollars. defendant

had

property which
of of the said

got in, and

2. The of immovable
expenses 3. to

which defendant

produced
the

dollars.
sums

applied the whole

defendant
in the

and
rents

the

sum

dollars, which property,

and
some

received of the funeral

testator.

from
and

of the

payment

testamentary
thereof the he

of the debts made the

to the up

of the

The

defendant

his accounts

and
19.
,

sent
.

copy

on plaintiff f ree access plaintiff

the

day
vouchers of the that

of
to

and
,

offered but

verify such
offer.

accounts,

declined
4.

to

avail

himself

defendant's the

The

defendant

submits

plaintiff ought

to pay

the costs

of this suit. No.

EXECUTION

108.
OF

TRUSTS.

In

the

Court

of No

at

Civil Suit A. B. of

Plaintiff,

against
C. D, of
,

the of the

beneficiary]

Defendant.

[or

one

beneficiaries]

J
as

A. B., the
1. The

above-named

states plaintiff,

follows
an

settlement
upon

the

plamtiff is one bearing date marriage of E.

[or, an

of the
on or

trustees

under

instrument of
,

of made

about

the

day
father and

F. and of

G. H., the

mother
and

of the effects

defendant

instrument

assignment

of the estate other

of E. F. for the benefit of C. D., the defendant, and of E.

the creditors

F.]
has taken himself the burden of plaintiff upon is in possession of [or, of the proceeds ofj the immovable property conveyed [or assigned] by the deed. said C. D. claims deed. desirous
to account to be entitled to
a

2. The

the

said

trust, and
and mentioned
3. The

movable before-

beneficial interest

under

the
4.

before-mentioned The is plaintiff immovable

for all the

the

rents

and

profits

of the the

said
or or

said, property,
in

sale of proceeds property [and of part of the said, immovable property, or movable of part of, the said the proceeds of the sale of, or
or

of the

movable
trustee

property,

the of

profitsaccruing
the

to

the

as plaintiff

such the

the execution

said trust] ; and

he

prays

that

CIVIL

PROCEDURE

CODE.

529

Court of the benefit

may said

will take said

the accounts
may

of the
be

trust-estate

said trust, and also that the whole for the in the Court administered and all other
in the
as

of the
and that
Where

said C. D., the

in

defendant,
so

persons

who of the
may

be

interested
such the
the
on

such

administration,
persons may
a

presence to the
may be

C. D.

other

interested

the Court

direct,or
[^.J5.
"

said C. D.
suit the is

shew

good
the

cause

contrary.
modelled,

by

mutatis

mutandis,

plaint by

beneficiary, a legatee.]

plaint

No.
SPECIFIC PERFORMANCE.

109.

(NO. 1.)

(Title.)
m

A. B., the
1. the

above-named

states plaintiff,

as

follows
,

By

an

above-named

of [or sell referred 2. He

and signed by day of agreement dated the C. he the said C. D. contracted to buy defendant, D., to] him certain immovable property therein described and
sum

to, for the

has
on

of

dollars.
to perform specifically

applied to
his

the said C. D.
but he

the said

agreement
3. The to

part,

has not

done

so.

said A. B. has been the agreement

on

and

stillis

ready

and

specifically willing

perform
4. The

his part of which

the said C. D. has had

notice.

plaintiff prays to perform the specifically

to

that

the Court

will

order

the

said

C. D.

said agreement

and

to do all acts necessary

put the
a

said A. B. in full and

conveyance the costs of the suit.

"

accept

possessionof the said property [or to possessionof the said property] and to pay

In suit for delivery up, to be cancelled, of any [N.B. agreement, omit stating generally the groimds a paragraph paragraphs 2 and 3, and substitute such that for requiring the be delivered to to be cancelled as agreement up of the vmder the duress, or by the fraud plaintiff signed it by mistake, defendant and alter the prayer according to the relief sought.]
" "

No.
SPECIFIC PERFORMANCE.

110.

(NO. 2.)

(Title.)
A. B., the above-named
1. On states plaintiff, 19
,
. .

as

follows
was

the
to certain

day

of

the defendant
,

absolutely
agreement
into

entitled hereto
2.

immovable

property described
and plaintiff
a

in the

annexed. On the
same

day day

the

defendant

entered

an

agreement,
3.

under

their hands, of

copy 19
,
. .

of which the
,

is hereto

annexed.

On

the

tendered plaintiff
a

dollars to the

defendant, and

demanded

conveyance

of the

said

property.
4. such
same

On

the

day

of
,

19
. .

the
,

plaintiff again demanded

refused
to convey

conveyance. to the plaintiff.]

Ill"

[Or, That

the

defendant

the

34

530
5.

No.
The defendant has
not

15

or

1918.
such
conveyance.

executed and

6. The
money The

is plaintiff

still

ready

willing to

pay

the

purchase-

of the said property to the

defendant.

plaintiff prays
(1) That
the the
conveyance

judgment
of the
;

"

defendant

execute

said

a plaintiff property [followingthe

to

the

sufficient
terms

of

agreement]
dollars

(2)

For

compensation

for

withholding the

same.

No.

111.

PARTNERSHIP,

(Title.)
A. B., the
1. He

above-named

states plaintiff,

as

follows

and
years

the

said C. D., the defendant, have

[or months]

at
,

within

been for the space of business last past carrying on together of this Court, under certain articles the jurisdiction them them

partnership in writing,signed by certain deed sealed and executed by

of verbal

agreement

between

them, the said

differences have

respectively[or, under a respectively; or, under a and defendant]. plaintiff

it has become

2. Divers and
to

disputes and
as

arisen between

defendant
carry
on

such

partners, whereby
in

the

said busmess

partnership with

plaintiff impossible advantage to the

the

partners.
desires to have the said partnership dissolved, and plaintiff to bear his share of the debts and obligations he is ready and willing of the said articles [or of the partnershipaccording to the terms deed, or agreement].
3.

The

The the Court to plaintiff prays partnership, and that the accounts trading may be taken by the Court, and 4.

decree of the

dissolution said

of

the

said

the
assets into

partnershiprealized,
balance any the debts and

thereof

and
due

that from

each
him

party may
upon

be ordered

to pay

Court

such

liabilities of the that and and the costs that

any

said

of the balance

partnership account, and that be paid and discharged, and partnership may suit may be paid out of the partnership assets, remaining of such assets, after such pajmaent
the said

of discharge and the payment the plaintiff and defendant between

costs, may
to the

be terms

divided of the shall be fund

according
the
as

said articles [or deed, or agreement], or he the plaintiff and insufficient, prove ordered
to to

that, if the said

said shall be such

assets may
a

defendant

contribute for the And

to

in such

be raised
costs.

payment

and

proportions discharge of
relief
as

just to

debts, liabilities,
shall thinlv fit.

and

give such by
].

other of
,

the Court
,

This

plaintwas [or by
"

filed

solicitor for the

plamtiff
,

[N.B.

In
;

suits but

for

winding-up
thereof

of insert

any
a

partnership,
paragraph

omit

the
the

dissolution

instead been

stating

for prayer fact of the

partnership having

dissolved.]

CIVIL

PROCEDURE

CODE.

531

No.
FORMS OF CONCISE

112.
STATEMENTS.

[Code
The The of

of Civil Procedure, Section is $

is

49.]

claim plaintiff's

for money

lent

[and interest].
is for the

Money
several demands.

lent.

claim plaintiff's goods sold, and $ claim plaintiff's claim plaintiff's case be]. may claim plaintiff's claim plauitiff's claim plaintiff's claim plaintiff's
as a

$
for money

whereof

$ $

price

lent, and
arrears

for interest,

The The
as

is is

$ $

for for

of rent. of

j^g^t. a

arrears

salary as
money

clerk [or, salary, etc lent.

the The The The The

is is is

$ $ $
is

for interest for for

a

upon

interest. general

general average

contribution,

freightand demurrage.
money

Freight, etc

for

deposited
done

with

the

sauker-s balance.

defendant The
money

banl^er.
is

claim plamtiff's expended] as a claim plaintiff's

"

for fees for work

[and $
as

pgeg^ etc., as
solicitor.

solicitor.
is

The

for commission

earned

[state

commission..

character The
mi

as

auctioneer, cottonis

broker, etc.].
for medical attendance. of premiums
p
" "

claim plaintiff's
1 rv! 1

$ $

Medical attendance.

The

upon The The The hoUSe The The The The of X. The
ant
as

plamtiffs claim is of insurance. policies

claim plaintiff's is

for

return

paid

Return premium.

of

for the for the for

warehousing

of

goods.

warehouse-

claim plaintiff's claim plaintiff's

is S is $

of carriageof goods by railway, carriage

the

use

and

occupation

of

useaiidoccupa^^^^ "^ house.

claim plaintiff's claim plauitiff's

claim plaintiff's

is ^ is $
is is

for the hire of for work for board for the done and

[furniture].
as a

Hire

of goods.
done. and

[surveyor].

work
Board

$ $

lodging.
tuition

lodging.

claim plaintiff's Y. claim plaintiff's

[board,lodging,and]
received

schooling.

is

for money
or collector,

solicitor [or factor, or

claim plaintiff's is

etc.]of the

by the defendplaintiff.
the defendant

f^"f^^^_
Fees of office.

The under
The

for fees received

by

colour

of the office of
a

for the The

claim is $ for plaintiff's carriageof goods by railway.

return

of money

overcharged overcharged deposited

to the

Money

over

claim plaintiff's defendant

as

is

for

return

of fees

by
with

the The

claim plaintiff's the defendant

as

is

for

retiu'n

of money

^^^^J^g"^"^
stake-holder. Money
holder.
won

stake-holder.
is and is

The

claim plaintiff's
as

$
become

for

money

entrusted
to the

defendant The
to the

stake-holder

payable
a

plaintiff.
entrusted

claim plaintiff's

for

return

of money

Money

entrust'

defendant

as

agent of the

plaintiff.

^'^ ^" ^"^'^

532
The from The

No,
claim is $ plaintiff's plaintiff by fraud.
is

15

OF

1918.
a

Money

obtained

for

return

of money of money

obtained

by

fraud.

the

Money
mistake.

paid by

defendant
paid
has

claim plaintiff's by mistake.

for

return

paid paid
a

to

the

Money

The

for consideration whicli failed.

defendant taken The

claim plaintiff's for [work to

or,
a

is

for

return

of money
; or,

to the

up,

be done, or, work left undone bill not taken up ; or, etc.].
is

bill to be

Deposit
sliares.

on

claim plaintiff's deposit upon shares to The

as

for

return

of money for the

paid

as

be allotted.
is

Money paid by surety for

defendant. Kent

claim plaintiff's

for money

paid

defendant

his The

surety.
tiff's claim j)lain
is

paid.

for money

paid

for rent

due

by

the
Money paid
on

defendant. claim plamtiff's

is

The

upon

bill of

exchange accepted
in

accommodation bill.

[or indorsed] for the defendant's

The
money

accommodation. contribution

Contribution

by surety. By co-debtor.

claim for a is S plaintiff's as paid by the plaintiff surety.

respect of

The

joint debt
Money
or

claim is S plaintiff's of the plaintiff and

for

contribution

in

respect of

the defendant, for money bound to for money

paid by

the

plaintiff.

paid

calls.

claim is $ plaintiff's against which the defendant The The the claim plaintiff's
claim plaintiff's is

The

was

paid for calls upon shares, indemnify the plaintiff. payable

under
an

Money
under

payable
award.

$ $ $

award.
upon

Life-policy.

is

upon

policy
bond

of insurance

life of X.

Y., deceased.
is upon
a

Money-bond.

The of $

claim plaintiff's and

interest.

to

secure

payment

Foreign judgment.

The Court

in

Bills of

The

is S claim plaintiff's of [the Empire Japan], is $ claim plaintiff's

uj)on

judgment
a

of the

upon

cheque

drawn

by

the

exchange, etc.

defendant.
bill of exchange accepted claim is $ a plaintiff's upon [or drawn, or indorsed] by the defendant. The plaintiff's claim is $ a [or promissory note made upon indorsed] by the defendant. The is $ claim A. B. as plaintiff's against the defendant C. D. as drawer [or indorser]of acceptor, and against the defendant a bill of exchange. The claim is $ as plaintiff's against the defendant surety for the price of goods sold. The claim A. B. as is $ plaintiff's against the defendant and against the defendant C, D, as surety, for the price of principal, of rent, or for money lent, or for money goods sold [or for arrears received A, B. as traveller for the plaintiff, or etc.]. by the defendant The plaintiff's claim is $ for calls upon shares, The
INDORSEMENT FOR

Surety.

Calls,

COSTS,

ETC.

[Add
amount

to

the

above
to be
summons

claimed

forms] and $ or paid to the plaintiff

is to be served out

for

costs;

and

if the

his solicitor within of the

insert jurisdiction,

days [or if the

534
The
; or

No.
claim plaintiff's

15

OF

1918.
of household furniture
same.

Claim

for

turn re-

is for return

[or,etc.]

of goods

their The

value, and

for

damages. Damages depriving goods.

Defamation. for of

damages
is for

for

detaining the

claim plaintiff's

of goods, Avrongfully depriving plaintiff

household The The

furniture,

etc. is for

claim plaintiff's claim plaintiff's claim plaintiff's

damages damages damages

for libel. for slander. for

is for
is for

"Wrongful
distress.

The

improperly distraming. complained irregular.]

a

[This form
Ejectment.

shall be sufficient "whether

the distress
or

of be

wrongful,
The
in

or

excessive,
recover

claim plaintiff's

is to
a

possessionof
Blackacre,
his

house. No
in the

street,
in the

or

of

farm

called

situate

of
To establish
cover re-

of is to the establish
rents

title and

rents.

claim plaintiff's property] and to recover The

title to

[here

describe

thereof.
may be

[The
Fishery.

two

previous
is

forms

combined.] infringement
of the

The

claim plaintiff's

for

damages

for

right of plaintiff's
Fraud.

fishing.
is for
a

The
on

claim plaintiff's the sale of

horse

damages for fraudulent misrepresentation [or a business, or shares, or, etc.] damages damages damages
for fraudulent

The

claim plaintiff's

is for

tion misrepresentaof
a

of the
Guarantee.

credit

of A.

B.
is for

The

claim plaintiff's

for breach

contract

of

guarantee
The

for A.

B. for the for breach of

to
a

claim is plaintiff's as indemnify the plaintiff

Insurance.

contract

to

defendant's loss under

cargo

agent
a

distrain.

is for a claim plaintiff's [Royal Charter], and freight of The

[or for
whether

the ship policy upon of return premiums]. the loss claimed

[This
Fire-insurance.

form

shall

be be

sufficient total
a or

partial.]
a

The upon The

insure

claim plaintiff's house and

is for

loss under

policy of
of

fire-insurance

furniture.
is for

claim plaintiff's
a

damages damages damages

for breach

contract

to

house. for for breach of

a

Landlord tenant.

and

The

keep
The

claim is plaintiff's in repair. house claim plaintiff's

in
a

contract

to

is for
a

for

breaches

of covenants

contained
Medical
man.

lease

of

farm.
to

The from

claim plaintiff's the defendant's

is for damages for injury negligence as a medical man. is for

the

plaintiff

Mischievous animal.

The

claim plaintiff's

damages

for

injury by injury to

the defendant's

dog.
N^ligence.

The

the

claim is for damages plaintiff's negligentdriving of the defendant

for
or

the

plaintiff by

his servants.

The while the

a

claim plaintiff's
on

is for

passenger defendant's servants.

the

defendant's

damages for injury to the plaintiff railway by the negligence of

CIVIL

PEOCEDUKE

CODE.

535

The the

defendant's

claim is for damages for injury to the plaintiff at plaintiff's station of the from the defective condition railway-

station.

The for the

claim plaintiff's

is said

as

executor

death
on

of the

A. B.

the

defendant's

damages received while a pasinjuries senger railway, by the negligence of the

from

of A, B., deceased, for

defendant's The

servants. is

claim plaintiff's marriage.

The

for

damages damages

for

breach

of

promise

of

Promise

of

'""'^*^^-

claim plamtiff's
pay

is for

for

breach

of contract

to

saie

of

goods,

accept and
The

for

goods. damages quality, or other

is for
is for

claim plaintiff's
or

for

non-delivery [or
of contract of

short

delivery,
of cotton
The

defective

breach

sale]
of
a Horee

[or, etc.].

claim plaintiff's

damages damages damages

for breach

of warranty

horse. The sell

claim plaintiff's [or purchase] land. claim plaintiff's
a

""""'^'^"

is for

for breach

of

contract

to

saieofiand

The
let

is for

for breach

of

contract

to

[or take]

house.

for breach of a contract to is for damages claim plaintiff's sell [or purchase] the lease, with goodwill, fixtures,and stock-in-trade of a public-house. for of covenant for breach is for damages claim The plaintiff's of land. title [or for quiet enjoyment, or, etc.] in a conveyance claim is for damages for wrongfully entering the The plaintiff's his well [or cutting his from and land drawing water plaintiff's down his fences, or removing his timber, or or pulling felling grass, his gate, or using his road or path, or crossing his field,or depositing sand there, or carrjdng away gravel from thence, or carrying away The
stones The from his

Trespass
'^"'^'

on

river].
support.

claim is for damages for wrongfully taking away plaintiff's land [or house, or mine]. of plaintiff's support claim is for damages for wrongfully obstructing a The plaintiff's [publichighway, or private way]. way claim is for damages for wrongfully diverting [or The plaintiff's from] a water-course. obstructing, or polluting,or diverting water for claim is for damages The wrongfully discharging plaintiff's the plaintiff's land [or into the plaintiff's mine]. water upon the claim is plaintiff's of well. use -a plaintiff's The The

way.

water-oourse,
"*"'

for

damages
for

for

wrongfully obstructingthe
for

claim is plaintiff's of right pasture. plaintiff's

damages
whatever

infringement
nature

of

the

pasture.

[This form
The

shall be

sufficient
to

the

of the

right
of
Light,

pasture be.]

light to
The

claim is plaintiff's house. plaintiff's

for

damages

for

obstructing the

access

claim is plaintiff's of exclusive grant plaintiff's

for

damages for infringement of the invention. in respect of an privileges

invention.

536
claim plaintiff's copyright. plaintiff's

No.
is

15
for

OF

1918.
for

Copyright.

The

damages

infringement

of

the

Trade-mart.

claim is for damages plaintiff's the trade-mark. plaintiff's imitating] The The

for

wrongfully using [or

of
a

Work.

build
The

claim is for damages for plaintiff's ship [or to repair a house, etc.].
is for

breach

contract

to

claim plaintiff's the to plaintiff employ

Nuisance.

build

damages for a ship, etc.

to his

breach

of

contract

to

The caused The the

claim is for damages plaintiff's the noxious from by vapours claim plaintiff's works
is for

house, trees, crops,

nuisance

etc.,

defendant's from

factory [or,etc.]. by
noise

damages
for claim
an

from

defendant's
to to
"

[or stables, or, etc.].

:
"

Injunction.

[Add [Add
or

indorsement]
indorsement

and

injunction.
land,
or

where

is to

to

establish

title,

both]
And
And

Mesne Arrears Breach

profits.
of rent. of

for for

mesne

profits.
account

an

of rents

or

arrears

of rent.

And

for breach

of covenant

for

[repairs].
ADMINISTER ESTATE.

covenant.

I.

"

CREDITOR

TO

The
to

claim plaintiff's
the

is

as

creditor

of X. Y., of

deceased,
X. Y.

have

movable
The

and

immovable

property
is sued
as

of the
the

said

administered. of the said X.

defendant, C. D.,

administrator

Y.
II. LEGATEE

"

TO

ADMINISTER

ESTATE.

The

claim plaintiff's
19.
,
.

is

as

legateeunder
deceased,
of the said
to

the

will dated
the

the and

day

of

of X.
,

Y.

have

movable
The

immovable

property of
as

the

said X. Y. administered. X. Y.

defendant,

C. D., is sued E. F. and

the
as

executor

[and

the defendants

G. H.

his

devisees].
in
.

PARTNERSHIP
.

The of

claim plaintiff's
between

is to the

have

an

account

taken

of the

affairs of the

the partnership dated partnership

and plaintiff day of wound

up.

defendant

ship-dealings partner[under articles

to

], and

have

the

IV.

"

BY

MORTGAGEE.

claim is to have is due taken of what account an plaintiff's the for principal, dated costs interest, and on a mortgage made between day of [parties][or, by deposit of title be enforced deeds], and that the mortgage may by foreclosure or
to him
,

The

sale.

V.

"

RAISING

PORTIONS.

The deed the

claim plaintiff's of settlement dated children of

is

that
,

the
was

sum

of

$ for the

which,

provided
be raised.

by portions

of

younger

may

CIVIL

PEOCEDURE

CODE.

537

VI.

"

EXECUTION

OF

TRUSTS.

The

claim plaintiff's
and

is to

have

the

trusts

of
into

an

indenture

dated

made
Vn.

between

carried [parties]
OR

execution.

"

CANCELLATION

RECTIFICATION.
a

The
between

is claim plaintiff's aside set [parties]

Vni."

to
or

have

deed

dated

and

made

rectified.
PERFORMANCE.

SPECIFIC

The dated

claim is plaintiff's the day of of certain

land

for

performance specific for the sale by the

of

an

agreement
the

to plaintiff

defendant

at

No.

113.

PROBATE.
1.
"

BY

AN

EXECUTOR

OR

LEGATEE FORM.

PROPOUNDING

WILL

IN

SOLEMN

The
......

the
summons

the claims of the last will, dated to be executor plaintiff died on of C. D., late of deceased, who day of established. This the said wiU of and have to day the of said is issued against you the next-of-kin of as one
, , ,

deceased 2.
BY AN

[or, as the
EXECUTOR, ETC.,
OF

case

may
OR

be].
OF
A

"

LEGATEE

FORMER SEEKING
IN

WILL,
TO COMMON

OR OBTAIN FORM.

NEXTTHE

OF-KIN,
REVOCATION

OF A

THE

DECEASED,
GRANTED

PROBATE

The

the will

claims to be executor plaintiff of of C. D., late of day and to have day of

, ,

of the
,

last will, dated who

a

the
on

deceased,
the

died

of the
summons

said

deceased,
is issued

dated

the you
as

probate day of
the

of

pretended
revoked.
,

This

against
case

executor

of the

said

pretended
3.
"

will [or, as
EXECUTOR

the
OR

may

be].
OF
A

BY

AN

LEGATEE BEEN GRANTED

WILL AS
IN

WHEN
AN

LETTERS INTESTACY.

OF

ADMINISTRATION

HAVE

The
of

claims plaintiff
,

to who

be

executor
on

of the the

last will of C. D., late

deceased,
of

died

day
letters

of
,

dated

the
The of the and 4.

day claims plaintiff

estate

that

the

grant of
obtained
to

of administration should
be

of the of the

said said

deceased
will

by
him.
OF

you

revoked,

probate
BY A

granted
A

"

PERSON OF
IS

CLAIMING
THE

GRANT
BUT

ADMINISTRATION INTEREST AS

AS NEXT-

NEXT-OF-KIN OF-KIN

DECEASED,

WHOSE

DISPUTED.

The of
and the

claims plaintiff
,

to be the

brother

and

sole next-of-kin
,

of C. D.,

intestate, deceased, who died on the day of such to have to the property of as a grant of administration said intestate. This writ is issued against you because you
entered of the
a

have of-kin

caveat

and

have the

allegedthat
case

you

are

the

sole next-

deceased

[or,as

may

be].

538

No.

15

OF

1918.

"!

1"4

"*
73

yA

H
O

CO

O
o

H
I" I

O
o

CIVIL

PEOCEDUKE

CODE.

539

No.
SUMMONS FOR

115.
DISPOSAL OF SUIT.

(Title.)
To
Notice" 1. Should your attend you witnesses of you to and of that to

dwelling
Whereas for

at

apprehend
will their
can

not
own

has

instituted
,

suit

accord,
summons

have this the ness, wit-

against you
summoned person of the
to answer to the
or

from

to

appear

you in this

are

hereby
Court
in

Court

compel
of the any

attendance

by

duly

authorized

solicitor able

tion produc-

document any have right a you ness witthe call upon to

Court, duly instructed, and

all material

produce,
to time

on

suit, or who
other

shall be

questionsrelating accompanied
able to
the
answer

applying
at any
on

Court the before the

by
of

some

person
on

all

trial,

ing deposityour their necessary

admit you the into costs the mand, depay Court of of may person the
mary sum-

such

questions,
19.
,

day
o'clock
in

subsistence-money.
2. If the you should

at
.,

the

forenoon,

to

answer as

the

above-

money with the

named for
the your

plaintiff ; and,
appearance

suit, to avoid
execution

is

the day fixed appointed for

the be
or

decree,

which your
or

against
necessary.

property,

both,

if

disposal of the suit, you must nesses witbe prepared to produce all your that are on day ; and you in notice take that, to hereby required the of on default day appearance your
final

before-mentioned,
and you determined will
in

the

suit will be heard

your

absence
or

and

bring

with
,

you,

send

your solicitor desires to inspect, and

on

which
any

the

by plaintiff
support
the seal
,

documents
in

which

you

intend

to

rely

of your Given of the

19..

defence. under
my

hand

and

Court, this

day

of

[L.S.]
Note.
"

Judge.
"

If written
case
,

statements

are

required, say
put in
of
a

Yon

are

is, as

the

may
...

be] required
is for service
"

to

written

statement

[or such by the

party-

day of
If the
"

summons

out

the

Federated
"

will be heard

heard

and

determined

and

substitute

may

Malay States, delete by leave of the Court

be

and

determined."

116.
SUMMONS FOR

SETTLEMENT

OF

ISSUES.

(Title.)
To
NOTICE
"

dwelling
has for

at

1.

Should your not

own

apprehend you will witnesses

attend of you to and of ihat their
can

Whereas

instituted
,

suit

accord,
summons

against you
summoned person of the
to
answer or

have this the

from

to

appear

you in this

are

hereby
Court
in solicitor

Court attendance

compel
of the any production ment docua

by

duly

authorized

witness,

Court, duly instructed, and

all material who shall be

able

any you call

on

have

right
witness

to to

the
on

produce,

to the suit, or

questionsrelating accompanied

540
applying
at any
on

No.
to the before Court the

15
\)y
i,

OF

1918.
other
person
"

some
i

able

to the
,

answer

time your

trial,

deposit-

all SUCh

questions,
19
,
. .

OH

^ulsistent-moner''^ day of
2. If you the admit you money the should into

at
,

o'clock the
you
are
i i

in

^j^g
named

forenoon,
i

to
"

answer

above-

demand,
pay

plaintill
take
x

"

/v

and

hereby

to' aTow required to of""t'^e''sull,

the
tion

notice
on

summary
01

exeouClGCrGG

Qf your
"/

appearance
x

the
will

that, in default day before"/

ttlG

which

may

be

against

mentioned,
absence
or

the
;

issucs

be

settled

in

[ro?ToTh,"if'nres: your
^^^-

you,

send the

which and intend defence. Given of the

19..

and you bring with solicitor by your desires to inspect, plaintiff

will
,

any to

documents

on

which of

you your seal

,

rely
my

in

support
hand and

under

the of

Court,

this

day

[L.S.]
Note.
"

Judge.
"

If
case
,
...

written
may

statements

are

required, say
in
a

You statement

are

is, as
of

the

be] required

to

put

written

[or such by the

party day

No.
SUMMONS TO

117.
APPEAR.

(Title.)
To

(Name,
Whereas

description,and
the
name,

address.)

description,and address of the Court has instituted a against you [here state plaintiff] in the register] are : as hereby the particularsof the claim you in person the in this Court on summoned to appear day of not forenoon. in the at [If sjaecially required to of solicitor the Court, in person in person, or state by a appear all material questions relating duly instructed, and able to answer other person able be some who shall the accompanied by to suit, or the above-named all such questions "] to answer plaintiff to answer be for the final disposal of the suit, this further [ifthe summons the day fixed for your and here ; as shall be added direction final for the is disposalof the suit, you must appointed appearance that day "] ; and you witnesses on be prepared to produce all your are ance hereby requu-ed to take notice that, in default of your appearsuit will be heard and the before-mentioned, the on day will with send and absence in your determined bring (or you you ; the document production of agent) [here mention any by your the plaintiff which desires be required by the plaintiff], which may which intend to documents on rely in to inspect, and you any [here
enter

suit in this

"

"

"

support of
Given of
,

your

defence.
my

under
19...

hand

and

the

seal of the

Court, this.

day

[L.S.]

Judge.

542 Or, I,
the

No.

15

OF

1918.

the facts that, upon undersigned defendant, submit there is that it does not appear stated in the plaint, agreement any the said be legallyenforced which can [or, that it appears upon is with not E. who liable a that I one F., party am jointly plaint not severallyliable as by the plaint appears to the suit, and ; or, that it appears by the said plaint that G. H. should have been a with the said A. B. in the said suit ; or, as the case joint-plaintiff be]. may

Or, that
executed
an

since

the

dissolution

of the the

has the plaintiff partnership

covenants to discharge plaintiff whereby all debts and liabilities of the partnership,and generally to release from all claims and liabilities either by or to himself and others me be], in respect of the said partnership trading [or, as the case may

instrument,

(Signed) C. D., Dejendant.

No.
121.

INTERROGATORIES.

In

the

Court No

of of A. B.

at 19...

Civil

Suit

against
C. D., E.
on Interrogatories

F., and

G. H. A. B.

behalf

of the

above-named E. F. and

the

examination

of the

above-named

G. H.

[or C. D.] for [or, A. B.].

1. Did 2.

not, etc., not, etc.,

E. F,
is

Has

The numbered The numbered

defendant

required required

to

answer

the

interrogatories interrogatories

defendant

G. H.

is

to

answer

the

No.
FORM OF NOTICE TO

122.
PRODUCE DOCUMENTS.

(Title.)
[or defendant] requires you to plaintiff referred to in the produce following documents inspection dated the day plaint [or written statement, or affidavit], your
notice

Take

that

the

for his

of
,

19..

(Describe
X. To

documents

required.)
the

Y., Solicitor for the plaintiff [or

defendant

defendant].

Z.,
Solicitor for the

[or plaintiff].

CIVIL

PKOCEDURE

CODE.

543

No.
SUMMONS TO ATTEND

123.
AND

GIVE

EVIDENCE.

(Title.)
To Whereas
in appear your

attendance
cause,

is you
on

the before of

above this
a.m.

Court]

the

hour

[and] being
for
one

to

behalf of the on required to are hereby required [personallyto the 19.., at day of bring with you or to send to this
,

Court A
sum

of $
,

your

subsistence-

allowance

comply
Notice.
and not
summons on

mth

non-attendance
"

this order, you laid do\yn in the

and other expenses travelling is herewith If you do sent. day, will be subject to the consequence Code of Civil Procedure.

and
not

of

(1) If you
if you

are

summoned

only

to

give evidence,
cause

you

shall be deemed
such

the

document

produce a document to have complied with to be produced in this

to

Court

the
you will

day
are

and to

hour

aforesaid.

(2) If
$
the Given

be detained
to you

beyond

the

be tendered

for each

day day's

aforesaid attendance

sum

of

beyond day
of

day specified.
under 19..,
my

hand

and

the seal of the Court, this

[L.S.]
No. Another 124.

Judge.

form.

(Title.)
To and [Name, description, You the
are

address.]
in this Court in

at give plaintiff [or the defendant] in the aboveconvenient mentioned with to produce [here describe suit, and be document the of which required ; if certaintyany production may the summons be only to give evidence, or if it be only to produce a be expressed accordingly], and to not document, it must are you until thence the have have been examined depart produced [or you 19.
,
.

hereby day of
behalf

summoned
,

to

appear

the

in person forenoon, to

on

evidence

on

of the

document]
leave of the

and

the

Court

has

risen, unless

you

have

obtained

the

Court.

FORMS

OF No.

DECREES. 125.

simple

money-deckees.

(Title.)
Claim This
cause

for

coming

on

for final

the part of the on presence of the defendant, it is ordered that

of

disposal before and plaintiff,

the do pay

in the
on

to

the part the

544
the
sum

No.
of $ from
,

15
with
,

OF

1918.
thereon
at the rate

interest to the

of taxed

per cent, per and do sum,

the

date
costs

of realization of this
at suit
as

of the said

also pay

to the

the
interest date

by

officer of the
the

Court, with

thereon

the

rate

aforesaid

from

date

of taxation

to the

of realization.

Given of

under 19...

my

hand

and

the

seal of the

Court, this

day

[L.S.]
No.
DECREE

Judge.

126.
A

FOR

SALE

IN

SUIT

BY

PERSON

ENTITLED

TO

LIEN.

(Title.)
It is

ordered
an

that

it be

referred

to

to take Officer]

account

of what mentioned that

is due in

and

interest

on

the

lien

cost plaintiff's

do declare
due

of this suit,and in Court on the

the of

Registrar [or Taxing for principal plaintiff the the plaint, and to tax Officer] Registrar [or Taxing
the to the

day

what

he shall find to be

principaland interest as aforesaid, and for costs ; And upon paying into Court what shall be certified to be due to the plaintiff for principaland interest aforesaid,togetherwith the as said costs, within six months from the date of declaring in Court the amount do deliver up to so due, it is ordered that the plaintiff in his the defendant he appoints all documents to such person or as such that and custody or power relating to the said lien, upon shall documents being delivered up, the Registrar [or Taxing Officer] the plaintiff out to the said sura so paid in as aforesaid for pay and in default of the defendant costs but interest, paying principal, ; into Court such princii)al, interest, and costs as aforesaid by the
the defendant

for

CIVIL

PROCEDURE

CODE.

545

time
the

aforesaid,then
said
lien be

it is ordered

that

the

sold

with
the

the

approbation
that

said premises subject to of the Registrar [or

proceeds of such sale paid into Court, expenses in be of Avhat the end that the same to payment duly applied may for principal, due to the plaintiff shall be found interest, and costs as any) shall be paid to the defendant aforesaid,and that the balance (if Taxing Officer]. And (after defrayingthereout
it is ordered

the

of the sale)be

or

other person

entitled to receive

the

same.

No.
PRELIMINARY ORDER
"

127.
ADMINISTRATION SUIT.

(Title.)
It is ordered and made
;

that

the

followingaccounts
:

and

to enquiries

be taken

that is to say
"

In creditor's suit
1. That
an

account

be taken

of what

is due

to

the

and plaintiff

all other

the creditors
"

of the deceased.

In suits 2. An

by legatees
be taken
"

account

of the

legacies given by
taken

the testator's will.

In suits An if any, of the

by

next-of-kin

enquiry be made
intestate.

and

account
as

is entitled to plaintiff

next-of-kin

of what, or of what share, [or one of the next-of-kin]

[Afterthe
in In
a

first paragraph, the other

to than

order

will, where
for
the

necessary,

order,

creditor's suit, enquiry and

suits

accounts

and legatees
account
as

next-of-kin. will

by

claimants
an

creditors,after
and take
an

first paragraph, of creditors

be necessary is continued

in all cases, will

as

order

enquire

follow the first paragraph, and

such

of the orders words.

may

follow, omitting the in a creditor's suit.]

account account

first formal

The

form

3. An 4. An

of the funeral of the movable

or

and

testamentary expenses.
the

property of
to the hands

deceased other

come

to

the hands his order

5. An
or

of the defendant, for his use.

of any

person

by

deceased
6.

enquiry what part (if any) of the movable is outstanding and undisposed of.
it is further

property of the
do,
or

And

ordered next, pay

that into

the

defendant all sums

or

on

before
which

tl^
shall be
person

day
found

of
to have
or

Court

come

to his
use.

hands,

of money the hands to

of any

by

his order

to his

7. And out the the

that

if the
the

Registrar shall
suit to sell any

objectsof the
same

find it necessary part of the movable

the

for

carrying

property of

deceased,
And

be sold

accordingly,and
in the suit and
same

proceeds paid

into Court.
8.

that Mr. E. F. be Receiver and

receive

get

in all

outstanding debts
pay the

and (or proceeding), outstanding movable the hands of the

property of the deceased, and

III"

into

35

546

No.

15

OF

1918.
for the due

Registrar (and give securityby bond of dollars). duties to the amount

9.

performance

of his

And

it is further be found

ordered

that

if the

movable
the

property of the

deceased
then the is to

insufficient for

carrying out
made,

objectsof
accounts

the suit,

following further
say
"

enquiries be
immovable

and

taken,

that

(a) An

enquiry enquiry
the thereof
;

what
or

property
incumbrances of
the

the

deceased
;

was

of possessed

entitled
are

to at the time

of his death

{b) An

what

the

(if any) affecting

or

immovable

property
far

deceased,
is due

any

part

(c) An

account, of the

so

as

of possible,
a as

what

to

the

several
such

incumbrancers,
directed.
10.

with

statement

of the

of priorities

incumbrancers

shall consent

to the

sale hereinafter

And
as

that
shall the

the immovable
be necessary

property
to

of the deceased, fund

in the

or

so

much

thereof
to carry

make

the

Court

sufficient of
as

out

objects of the
incumbrances sale and

suit, be sold with

approbation

the

Judge,
as

free from
to the

shall consent them

11.

(if any) of such incumbrancers of such subject to the incumbrances

shall have the conduct

of

shall not

consent.

And

it is ordered

that

G. H.

of the sale

of the
contracts
case

immovable of sale doubt

property, and
or

any to the Judge to settle. 12.

subject to the shall difficulty

ordered

the conditions and shall prepare approval of the Registrar,and that in

arise

the papers

shall be submitted

And

it is further

that, for the purpose

advertise

of the

enquiries

hereinbefore

directed, the Registrar shall

the
way

according to
in any

practice of
which shall

the

Court,

or

in the newsjoapers shall make such enquiries most

other

appear

to the

Registrar to give the enquiries and

accounts

useful
13.

to jDublicity

such

enquiries.
that

And and

it is ordered

the

above
acts
,

be
pleted, com-

made

taken, and
the

that

all other

ordered

to be done

be

that the Registrar do and day of the result of the enquiries, and the accounts, and that all other certify his certificate have in that behalf and acts ordered are completed, the of the for the day of ready inspection parties on before
14.

And,

adjourned

for

lastly,it making

is

ordered, that

this

suit

[or matter] stand

of the
is

final decree

to the
as

day

[Such part only case.] particular

of this order

is to be used

applicableto

No.
PINAL DECREE IN AN

128.
SUIT BY A LEGATEE.

ADMINISTRATION

(Title.)
1. It is ordered that the defendant Court
to

do
sum

on

or

before
the
,

the

day by
the

of

said of

pa}^ into certificate found the

estate

the
due

of S
the

balance
on sum

be
,

from

said defendant
also

account

of

the

testator, and

the

CIVIL

PROCEDURE

CODE.

547
per centum
,

of

S
the

for interest, at the

rate the

of $

per

annum,

from

day
the
sum

of of $

to

clay of

amounting
the of

together to
2. costs Let the

of the

the said ordered

Registrar [or Taxing Officer]of the said Court tax and defendant in this suit, and let the amount plaintiff costs, when of $ so taxed, be paid out of the said sum to be paid into Court as aforesaid, as follows :
costs

(a)

The

of

the

to plaintiff

Mr
,

his defendant

attorney
to Mr

[or
,

and solicitor],

the

costs

of the

his attorney [or solicitor].

(b) And

(ifany
as

debts

are

due)

with

the

residue

of the

said

sum

of $
costs several

after payment aforesaid, let the creditors mentioned

of the
sums

and plaintiff's

defendant's

found
in

to

be

owing

to to

the
the

the
with

schedule

Registrar'scertificate, together
on

such

of the such

debts

as

bear

making
several

payments,

with

legateesmentioned subsequent interest

them. should then be any

subsequent interest interest, be paid ; and after let the amount coming to the in the schedule, together be (to be verified as aforesaid),
residue, let the
same

paid
3.

to

And

if there

be

paid

to

the

residuary legatee.
No. 129.
BY LIABLE A

DECREE

IN EXECUTOR LEGACIES.

AN

ADMINISTRATION-SUIT IS
HELD

LEGATEE,
FOR THE

WHERE PAYMENT

AN
OF

PERSONALLY

(Title.)
1. Declared

that

the

defendant
to the

is

legacy
2.

of $

bequeathed
that
on an

personally liable plaintiff ;

be taken of what

to

pay

the

And

it is ordered interest

account

is due

for

principaland
3. And

the said

legacy ;
weeks the plaintiff and principal

it is also ordered

after the
amount

date of what
;

of the the

do, within to the Registrar'scertificate, pay

be due for

that the defendant

to Registrarshall certify

interest 4. And
costs

it is ordered
same

that

the

defendant
in
case

do the

pay

the

his plaintiff

of suit, the

to be taxed

partiesdiffer.

No.
FINAL DECREE IN
AN

130.
BY

ADMINISTRATION-SUIT

NEXT-OF-KIN.

(Title.)
1. Let and the

Registrar of
be

the

said

Court

tax

the costs of the

to the

defendant
so sum

in this suit, and

let the

amount

when
the due

taxed,
of S
the

paid by
the
,

the

defendant

plaintiff costs, plaintiff's of out plaintiff

found
to

of the

balance
on

by

the

said certificate

be
,

from

said defendant

account

of the

personalestate

of E. F.

548
the intestate, within the said such
2.
sum one

No.
week let the

15

OF

1918.
of the said costs for her
own use

after the taxation defendant

retain

by
of

and Registrar, her costs, when

it is ordered

out

taxed. that
the

And

residue

of the

said

sum as

of $
,

after payment paid and applied by the

of the

and plaintiff's

defendant's
as

costs
:

aforesaid,be

defendant

follows week
as

(a) Let

the

defendant, within
costs

one

after the

taxation pay

of the

said

by

the

Registrar

aforesaid,
A. plaintiffs,
one

one-third

share

of the
her

said

residue

to the

B. and

C,

his

wife, in
the

right as

the sister and intestate

;

of the

next-of-kin

of

said E. F., the defendant of the

said

(b) Let

the

retain

for her
the

own

use

one

other

third other

share of the

residue, as mother, and one next-of-kin, of the said E. F., the intestate defendant,
costs within
one

(c) And

let the
said

week
as

after

the

taxation pay to G.

of the

by

the share the

Registrar
of other the

aforesaid,
residue

the

remaining
as

one-third

said

H.,
said

the

brother, and
intestate.

next-of-kin, of the

E.

F., the

No.
ORDER
"

13L
OF PARTNERSHIP.

DISSOLUTION

(Title.)
It
is

declared the

that

the

between from
the
as

thereof And
estate

and plaintiff day of from that day be that this

partnership in defendant ought

and
,

the
to

plaint
stand that the

mentioned
as

dissolved

it is ordered in the Receiver

dissolution

advertised be the do

Gazette,etc.
of the all the

it is ordered

and

effects in and claims

suit, and

get

in

partnership outstanding

book-debts And

of the
the

partnership. following accounts

be taken effects
now :

it is ordered account to

that

(1) An

of the credits,property, and said

belonging

the
account
;

partnership ;
debts and liabilities of the said partnership

(2) An (3) An

of the

account

of

all

dealings

and

transactions

between

the

and defendant, from the foot of the settled account plaintiff in this suit and marked exhibited (A), and not disturbing
any

subsequent
that

settled the

accounts.

And carried and

the

it is ordered
on

goodwill
defendant
on

of tlu; business
as

heretofore

by
on

the

and plaintiff

in the

plaintmentioned,
the
a

stock-in-trade,be sold
the

the any

may,

applicationof

premises, and that fix of the parties,

such
at

trar Regisof

reserved either

bidding for all or any of the lots at the partiesis to be at libertyto bid

sale, and sale.

that

the

550

No.

15

OF

1918.

No.
NOTICE TO SHOW CATJSE "SVHY

134.
EXECUTION SHOULD NOT ISSUE.

(Title.)
To. Whereas
execution

has of decree that of

,

made

application
No
,

to
. .

this
,

Court

for

in
are

Civil Suit
to
.

19

this is to Court
on a

give
the of

you

notice

you

appear

before
in

this
or

day
this Court, if any, Given
,

19.
,

either

person,

by

solicitor

or

agent duly authorized

should and
not

and be

instructed, to shew

cause,

why
19..

execution my hand

granted. day
of

under

the seal of the Court, this

[L.S.]

Judge.

No.
WARRANT OF POSSESSION ATTACHMENT IN OF EXECUTION

135.
PROPERTY
A IN

MOVABLE OF

DEFENDANT'S
MONEY.

DECREE

FOR

(Title.)
To the Bailiff of the
was

Court.

Whereas the the

ordered, by decree
19.
,
.

of this

Court,
of 19.
.

passed
to
,

on

day the plaintiff

of
sum

in Suit
,

No
in the

pay

to

of $

as

noted

margin
sum :

; and

whereas has not

the said been

of S

paid
are

These
to attach

to

command

you

the movable said

as

property
set

of
in
or

the the which

you

forth

list

hereunto be said

annexed,

shall

pointed
,

out

to

by
the

the said

and shall pay

unless
to you

the said

sum

of S
,

together with
same

the costs
to hold

of this attachment, until further You the date it has Given of and
not
are

the

orders

from

this Court.
to return
an

further

commanded
19.
,
. ,

this warrant endorsement the

on

or

before

day
manner

of
in which

Avith

it has

been

executed,

or

the certtf;ying reason why

been under

executed.
my

hand

and

the

seal of the

Court, this

day

,19..
Schedule.

LL.S.]

Judge.

CIVIL

PEOCEDURE

CODE.

551

No.
WARRANT TO THE BAILIFF
TO

136.
GIVE POSSESSION OF

LAND,

ETC.

(Title.)
To the BaUiff Whereas
,

of the

Court. occupancy
:

in the

of
,

has

been

decreed
to

to the

the
,

said
to
remove same.

plamtiffin this suit into possession of the bound by any person

my

you

are

hereby
you
are

directed

put

same,

and

hereby

authorized

the decree

who

may

refuse to vacate

the

Given of

under 19..
,

hand

and

the

seal of the

Court, this

day

[L.S.]

Judge.

No.
ATTACHMENT
PROHIBITORY MOVABLE A LIEN OR

137.
IN

EXECUTION.
TO DEFENDANT BE ATTACHED IS TO THE ENTITLED CONSISTS SUBJECT POSSESSION OF TO

ORDER,
PROPERTY

WHERE TO OF SOME

THE WHICH OTHER

PROPERTY THE

RIGHT

PERSON

IMMEDIATE

THEREOF.

(Title.)
To Whereas
on
,

has
the
:

failed

to

satisfy a
19
,
. .

decree

passed against
of
is

day

of
that

in favour
,

for

it is ordered

the

defendant

be, and
the

hereby,
Court,
is

prohibited and restrained, until the further order from the following property in receivingfrom
of the
said
,

of this

possession

that

is to claim

entitled, subject to any

is

say, of the

to

which

the

defendant

said
the to

and
further

the said order

or

hereby prohibited and restrained, until Court, from deliveringthe said property
whomsoever. Given of under
my

of this persons

any

person

hand

and

the

seal of the

Court, this

day

,19..

[L.S.]

Judge.

No.
ATTACHMENT
PROHIBITORY

138.
IN

EXECUTION.
CONSISTS INSTRUMENTS.
OF DEBTS NOT

ORDER,
SECURED

WHERE BY

THE NEGOTIABLE

PROPERTY

(Title.)
To Whereas
on

has failed to

a satisfy

decree

passed against
No
the further

the of

day

of
,

19
. .

in
,

Civil Suit that

of 19
. .

in favour and is

for $

it is ordered

defendant order

be,
of
to

this Court, from

herefey, prohibited and restrained, until receiving from you a certain

the

debt

now alleged

552
be you

No.
due the from said
,

15

OF

1918.
;

you

to

the

said

defendant, namely,
you
are

and

that

be, and
order

until the further of the said debt, Given of

under
or

of this

strained, hereby, prohibited and reCourt, from making payment

any

part thereof, to
and the

any

person

whomsoever.

my

hand

seal of the

Court, this

day

,19..

[L.S.]

Judge.

No.
ATTACHMENT
PKOHIBITORY IN

139.
EXECUTION.
PROPERTY

ORDER,

WHERE IN A

THE

CONSISTS

OF

SHARES

CORPORATION.

To Whereas
on

Defendant,

and

to
,

Manager
decree
No

of

has failed to

a satisfy
.

passed against
of 19.
.,

the

day
of

of
,

19.
,

in Civil Suit

in

favour

be, and
order

you, are hereby, prohibited and restrained, until the further you shares in of this Court, from making any transfer of

for"$

it is ordered

that

the defendant,

the aforesaid of any

namely, corporation,
thereon
; and

dividends

you

corporation,are
any

such

hereby prohibited and such payment. transfer or making any

my hand and the seal of the
19..

payment receiving Manager of the said restrained from permitting

or
,

from

the

Given of

under
,

Court, this

day

[L.S.]

Judge.

No.
ATTACHMENT
PROHIBITORY IN

140.
EXECUTION.
THE PROPERTY. PROPERTY

ORDER,

WHERE

CONSISTS

OF

IMMOVABLE

(Title.)
To
,

Defendant. Whereas
you

have of

failed to
19.
,

satisfya
.

decree

passed against you

No

on

the of

day
,

in Civil Suit
,

of 19.
.,

in
,

favour

for S
are

it is ordered

hereby, prohibited and order of this Court from the transferringor charging in any way in the schedule hereunto annexed, and that all property specified be, and they are hereby, prohibited from taking any benefit persons from transfer or charge of the said property. any
you

be, and

that you, the said restrained until the further

Given of

under 19..
,

my

hand

and

the

seal of the

Court, this

day

Schedule.
"

[L.S.]

Judge.

CIVIL

PROCEDURE

CODE.

553

No.
ATTACHMENT.
PEOHJBITORY

141.

ORDER,
SECURITY
IN THE

WHERE HANDS

THE OF

PROPERTY A COURT

CONSISTS
OR A

OF

MONEY
OFFICER.

OR

OF

ANY

PUBLIC

(Title.)
To

Sir, The
"

plaintiff having applied,

for how
an

under

section

of
money be

the
now

Code

of Civil Procedure,

attachment the
on

of certain
is

in your hands hands of the

[here state
person

addressed,
the said
money

money what

supposed
the

to

in the

account,
to

etc.],I request
further order of

that this

you

will

hold

subject
the

Court. I have honour

to

be,
servant,

Sir,
Your
most

obedient

[L.S.]
Dated the

Judge.
,

day

of
,

19
.

No.
ORDER
FOR

142.
PLAINTIFF,

PAYMENT
IN THE

TO
HANDS

THE

ETC.,
PARTY.

OF

MONEY,

ETC.,

OF

THIRD

(Title.)
To the Bailiff of the Whereas
execution the

Court

and

to

the of
a

following property
in Civil Suit No 19.
,
.

has of of

been 19
.

attached
.

in
on

decree of the

passed
:

day
that

in favour
,

for $
,

it is in to to
,

ordered
money,

projDerty

so

attached,
notes,
or a

consistmg

of

and

$
said

in currency

the satisfy
,

decree, shall be paid over and that the said property, so far
of the
said

sufficient part thereof by you the said

may

as

be

necessary

for the

satisfaction

decree, shall be sold by you,

in the

the

Bailiff of the

tion execumanner Court, by realized of decrees, and that the money be which by such may sale, or a sufficient part thereof to satisfythe said decree, shall be to the said and the remainder, if any, shall be paid paid over

public auction

prescribedfor sale in

to

you,

the

said my

Given of

under
19...

hand

and

the

seal of the

Court,

this

day

[L.S.]
No.
NOTICE TO

Judge.

143.
CREDITOR.

ATTACHING

(Title.)
To Whereas of attachment
on
,

has made

applicationto this Court placed at your instance in

for the removal execution

of the

554
decree
appear in Civil Suit

No.
No
on

15

OF

1918.
this is to
. .

of 19
, ,

before

this Court

the Court

either in person or support your claim Given of under ,19.. my

by a solicitor of the as attaching creditor

hand
and

give you notice to 19 day of duly instructed, to

,
. .

the

seal of the

Court, this

day ^

[L.S.]
No.
WARRANT OF SALE OF PROPERTY FOR MONEY.

Judge.

144.
IN

EXECUTION

OF

DECREE

(Title.)
To the BaUifE These
are

of the

Court.
you to sell

to command

by auction,
same

after

giving

days' previous notice, by affixmg after making due proclamation,! the

warrant execution 19
. .

the

this Court-house, and m property attached under a

from of
so a

this

Court

dated

the

day
in
,

of
,

19.
.,

in

decree

in favour

of

Suit No the
sum

of of still

or
,

much
,

of the the

said

property
of the

as

shall realize decree and

dollars

bemg

said

costs

remaining
You the.
. . . .

unsatisfied. further commanded

19.
,
.

are

to

return
an

this warrant endorsement

on

or

before

.clayof
it has

with
,

manner

in which executed. under 19...

been

executed,
the

or

the

reason

certifyingthe why it has not

day ^

been

Given of

my

hand

and

seal of the

Court, this

[L.S.]
No.
NOTICE
TO

Judge.

145.
OF

PERSON

IN

POSSESSION IN EXECUTION.

MOVABLE

PROPERTY

SOLD

(Title.)
To Whereas
execution you

has of the decree

are

been

the

purchaser
suit of

at

sale
now

by

auction

in

in the above

in your

sion, posses-

hereby
my

prohibitedfrom
and the

the

delivermg possession
Court, this

of the

said Given of

to any

person

except the said

seal of the

under ,19...

hand

day ^

[L.S.]
1

Judge.

proclamation shall specify the time, the place of sale, the proi)erty of land consist the paying sold, the revenue assessed, should property sale the of which the and to Government, for the amount revenue recovery the other is ordered, and and as as particulars fairly possible accurately required by law to be specified.
This
to be

CIVIL

PROCEDURE

CODE.

555

No.
PEOHIBITORY
EXECUTION ORDER TO ANY

146.
PAYMENT THAN THE

AGAINST
OTHER

OF

DEBTS PURCHASER.

SOLD

IN

(Title.)
To
Whereas execution

and

to

has of the from

you you decree you

become
in the

the above

purchaser
suit of

at

public
say

sale

in

certain is to
,

debt
it is

due ordered

to you

that
,

that

be, and
from

and receiving,
any

are hereby, prohibited from you making payment of, the said debt to

except the said person or persons Given imder hand and the seal of the my
19...

Court, this

day

of

[L.S.]
No.
PROHIBITORY ORDER AGAINST IN

Judge.

147.
THE

TRANSFER

OF

SHARES

SOLD

EXECUTION.

(Title.)
To Whereas
execution

and

Manager
has become

of the

purchaser
suit, of
of

at

public
shares
in the

sale

in

of the

decree,

in the is to

above

certain

in the

above
you

corporation,that
it is ordered
,

say,

standing
be, and

name

of

prohibitedfrom
except
from
any the

making
,

said thereon
;

are hereby, you you any transfer of the said shares to any person the purchaser aforesaid, or from receivmg any

that

dividends

and

permitting
person

any

you such transfer

except the said

my

Given

under 19...

hand

and

the

Manager of the said corporation, or making any such payment to the purchaser aforesaid. seal of the Court, this day of
, ,

[L.S.]
No.
ORDER CONFIRMING

Judge.

148.
SALE OF

LAND,

ETC.

(Title.) followingland [or immovable property] was on in the 19. sold by the Bailiff of this Court day of of the decree in this suit ; and whereas execution days have elapsed and no applicationhas been made [or objection allowed] in
,
.

Whereas

the

respect of
said

the

said sale, it is ordered confirmed. and the

that

the

said

sale be, and

the

sale is

hereby,
my

Given
,

under 19...

hand

seal of the Court, this

day
"

of

"

[L.S.]
Schedule.

Judge.

556

No.

15

OF

1918.

No.
CERTIFICATE OF

149.
SALE OF LAND.

(Title.)
This
a

sale

certifythat by public auction on

is to

has the

been

declared of
,

the
19
.

purchaser
of
.

at in

day

execution

of the

decree

in this suit, and

that

the

said sale has

been

duly

confirmed under 19...

,

by
my

the

Court, and the seal of the Court, this

Given

hand

day

of

[L.S.]

Judge.

No.
ORDER FOR DELIVERY TO SALE CERTIFIED
IN

150.
PURCHASER OF LAND
AT

EXECUTION.

(Title.)
To the Bailiff of the Court. Whereas sale in execution whereas ordered
into person such to

has

become decree the

the

certified

purchaser
you

of of 19
. .

at
;

of the land

in Civil Suit No

and

is in

possession of
the
, ,

put the said possession of the said

who
may

certified and

hereby purchaser, as aforesaid,

are
,

if need

be,

to

remove

any

refuse
my

to vacate

the

same.

Given

under

hand

and

the seal of the Court, this

day

of

,19...

[L.S.]

Judge.

No.
ORDER FOR COMMITTAL OF
DECREE

151.
RESISTING,
FOR LAND.

FOR

ETC.,

EXECUTION

(Title.)
To Whereas resisted
it a])pears to the Court

that of the of

has without decree

19.
,
.

just cause
Court
in Civil Suit

[or obstructed] the

on
,

execution

of the
,

passed against
No of 19.
.

the certain

day
land that

whereby
,

or

immovable said

property
be detained

was

adjudged
the civil Given

to

it is ordered
a

the

in

prison for
under my

period of
and

days. day
of

hand

the seal of the Court, this

,19...

[L.S.J

Judge.

558

No.

15

OF

1918.

No.
ORDER FOR
ISSUE OF

155.
TO EXAMINE

REQUEST

WITNESSES.

(Title.)
It is ordered

that

letter

proper is to say

Tribunal
:

for the examination

of request of the

do

issue

directed
"

to

the that

followingwitnesses

E. G. and And when

the

F. H.

of of

I. J. of it is ordered

received trial of this

be filed with

depositions taken pursuant thereto Registrar,and be given in evidence on suit, saving all justexceptions.
the

that

the

And

it is further

ordered

that been

the trial of this suit be

stayed

until

the said Given

depositionshave
under
19... my

filed. the seal of this Court, this

hand

and

day

of

[L.S.]

Judge.

No.
REQUEST
TO

156.
WITNESSES.

EXAMINE

[Heading
Whereas Federated defendant.

"

To

the President
case

and
may

Judges of, etc.,etc.,or

6e.]
in

as

the

suit

is

now

pending
in

Malay
And

States
in the

which

said suit

Supreme Court and A. B. is plaintiff claims the plaintiff

the

of C. D.

the
is

{Concisestatement
And whereas
it has

of the Claim.)

necessary,

for the
in be

of the persons
matters

matters

should
"

represented to the said Court that it is of justiceand for the due determination purposes between the parties,that the following dispute examined witnesses oath touching such as upon
been
say
:

that

is to

E. F. of G. and And H. of

I. J. of
it witnesses
are

appearing that such of your honourable jurisdiction

Now I, Court, have the
reasons as as
,

resident

Avithin

the

Court. Judicial Commissioner of the said

the
to

Chief

the

honour

aforesaid the

and

request, and do hereby request, that, for of the said Supreme for the assistance
and

Court, you
one or more

President

Judges

of the

said
,

or

some

(and
attend
or more

such

will be pleased to summon of you, the agents of the other witnesses as

shall

the said

said

witnesses

and plaintiff

defendant

humbly
time and

request

you you
as

at such

place as

writing so shall appoint

according
examination
to

in

to

summon)
some

to
one

before
the

your

of you, or such other person the is competent to take Court

procedure

of

of witnesses,

and

CIVIL

PROCEDURE

CODE.

559
upon the viva rogatories inter-

that

you

Avill cause
which the said

such
accompany
matters

witnesses this in

to

be

examined of

letter

request [or
of the
as

voce]
notice

touching the plaintiff and defendant, given, attend such examination.

And to and
cause

question in the
or

presence

agents of

such

of them

shall,on

due

I further the
answers

have

the

honour

to

request
documents

that

you

will be into

of the said witnesses and

to be reduced

pleased writing,

all books, to

letters, papers,
be
marked

produced

examination be your

further

duly pleased to authenticate

or

for identification, and

such way
as

examination is in

such upon that you will by the seal of with your in

Tribunal,
and
any,

in

such

other the

accordance
Avith such

procedure,
writing, if
Britannic Chief

to

return

same,

together
of other

request

for the

examination

witnesses, through His

[or through the Majesty's Secretary of State for Federated mission Secretary to Government, Malay States], for transof the Federated States. to the said Supreme Court Malay Given of the this under hand and the seal Court, day of my
19...

Chief Judicial [L.S.]

No.
COMMISSION FOR A LOCAL

Commissioner,

Federated
.

Malay

States.

157.
OR TO EXAMINE

INVESTIGATION,
ACCOUNTS.

(Title.)
To Whereas
commission it is deemed

for requisite, should of

the purpose
;

of this suit,that

for for before which Court of

on

be issued

you

Commissioner attendance documents

the
you

purpose

of any
may

witnesses,

or

hereby appointed [process to compel the for the production of any

are or

you your

desire

to examine

inspect, will be above,

issued

by
A

this
sum

$
,

application^]. fee being your

and

in

the

is herewith

forwarded. Given
,

under
19...

my

hand

the seal of the Court, this

day

of

[L.S.]
No.
CERTIFICATE
OF SERVICE

Jndge.

158.
OF FOREIGN PROCESS.

I,
of the
annexed

Federated
hereto

Registrar (or Assistant Registrar) of the Supreme Court Malay States, hereby certifythat the documents
are as

follows

(1) The
from

letter original the

of request

for service
at
; goes
to

of process and
another

received of

Court of
where

or

Tribunal
versus

in the

in the
'

matter

Not

necessary

the

commission

Court.

560 (2)
The

No.
process evidence letter
me,

15
with

OF

1918.
such letter of request ; and the
,

received

(3) The
such

of service

upon

person

named

in

before And
I

of request, together with relatingthereto.

an

affidavit,taken

certifythat such service so j^roved,and the proof thereof, such are are as required by the law and practice of the Supreme of the Federated Court Malay States regulating the service in the said States of legal process issued by the Courts thereof, and the proof of such service.
And

certifythat
of S this

the

cost

of

such effecting

service

amounts

to

the

sum

Dated

day

of
,

19
. .

[L.S.]
No.
OEDER
TO

Registrar.

159.
FOR PURPOSES
OF A

EXAMINE FOREIGN

WITNESSES PROCEEDING.

(Title.) Upon
of that

reading
,

the

Letter

of

Request
of
,

and
19.
.

the
,

affidavit

[ifany)

day whereby of Foreign Tribunal], proceedings are pending in the [description is desirous in [name of foreign country], and that such of Court the of [names of witnesses]. obtaining testimony
it appears

filed the

It is ordered

that

the

said

witness

do

attend

before

the

Registrar [or Assistant Registrar]of this Court at [place appointed 19. at o'clock, for examination], on the day of and other time said such the Assistant or as day Registrar [or Registrar] appoint, and do there submit to be examined may upon oath, or affirmation,touching the testimony so required as aforesaid, there and and do then of documents produce [description {ifany) he to required produced].
,
.

And

it is further

ordered
in

that

the

said

Registrar [or
of the

Assistant

do Registrar]
or

take

down
on

writing the
the
"

evidence

witnesses, given Code,

and

examination,
to

said witness, and cross-examination, examination, reXV of

"

according
Civil Procedure do
in
cause

provisions of Chapter
may to

The
and

1918

[or as
witness

be othencise
his
or

directed];
her

each

every

such

his, the said Registrar's[or Assistant

do

sign

the

Letter

of

depositions taken Request], and when

this

in
so

together
evidence Dated Given

with of such this

order,

to

the

for transmission

to the witness

President
or

sign Registrar's] ; and presence of this order [and the pursuance the same, completed do transmit Government to Chief Secretary of the said Tribunal desiringthe

depositions

witnesses. 19.
,
..

day
my

of and

under

hand

the seal of the Court, this

dav

of

,19...

[L.S.]

Judge.

CIVIL

PROCEDURE

CODE.

561

No.
CERTIFICATE
OF

160.
OF

EXAMINATION OF
A

WITNESS

FOR

PURPOSES

FOREIGN

PROCEEDING.

(Title.)
I

of the
annexed

of the Supreme Court Registrar [or Assistant Registrar] Federated Malay States, hereby certifythat the documents
,

hereto the of

are

(1)

originalorder
19.
,
.

of the made
in the in

said the

Court,
matter

dated of
,

the
examination and

at

of
to

day pending in directing the

before
me

the

of certain

witnesses

be

taken

(2) the
the
the

examination

and of

said order, and

depositionstaken by me pursuant duly signed and completed by me

19.
,
..

to
on

day day

Dated

this

of
,

19
. . .

[L.S.]

Registrar.

No.
SUMMONS IN SUMMARY SUIT
FOR

161.
DEBT OR

LIQUIDATED

DEMAND.

(Title.)
To

[Here
Whereas of him the

enter

the

defendant's
the

name,

and description,

address.]

has instituted
interest
as

and address] description, plaintiff's name, under a Chapter XXXIX againstyou of Procedure for dollars Code Civil principal and and interest]due to balance of principal [or dollars the f)ayee [or endorsee] of a bill of exchange [or promissory

[hereenter

suit in this Court

note], of
are

which

copy

is hereto to obtain

annexed
the

[or as

the

case

may

hereby
defend

summoned

leave from

the Court of such

within

ten

be], you days

from
and

the service
In

hereof,inclusive of
within such the

day

service, to appear
statement

the suit, and default

time

to file a written

of defence.
time
sum

whereof such of

after the
not

expirationof exceeding the sum

the
sum

will be entitled at any plaintiff for any ten days to obtain a decree the sum state dollars [here for costs.
on

claimed] and
Leave

of dollars be obtained
or

to appear the

may

supported by
to

affidavit

declaration

applicationto the Court shewing that there is a defence

an

the suit

on

merits, or that
in the suit.

it is reasonable

that you

should

be

allowed

to appear under my

Given

hand

and

the

seal of the Court, this

....

day

of

[L.S.]
Ill"

Judge.

36

562

No.

15

OF

1918.

No.
ORIGINATING

162.
SUMMONS.

(Title.)
Let E. F., the executor
at the at
.

of the deceased
at in the

above-named
on

A. B., attend
the the the

at Chambers 19.
, ,

Court-house o'clock

forenoon
a an

upon

day of application
case

of C. D., of
upon

who
,

claims

(to be

creditor order

[or as

may

be]
the

the estate

of the said A. and immovable

B.) for

(forthe administration

of the movable
case

property of the said A. B.) [or as

19.
,
..

may

be].
this

Dated

day

of

Registrar.
The

followingnote
time is altered
:

to

be added

to

the

originalsummons
to

and be

when

the
as

by

endorsement

the endorsement

to referred

below N. B.
"

either in person If you do not attend the time and place above-mentioned mentioned
at

or

your the at [or in

by

solicitor at

place aboveendorsement
as

the order

time

mentioned

the

hereon], such the Judge may

will be made

think

just and
No. 163.
BEFORE

and proceedings taken expedient.

WARRANT

OF

ARREST

JUDGMENT.

(Title.)
To the Bailiff of the Court. Whereas
,

the of the Court

in plaintiff

the

above

suit,has proved
cause are

to the

satisfaction that
you

that

there

is reasonable
to
,

for

believing

the
to

defendant the

is about

these

to command

take the

said order that

into he may

custody,
shew of

and

before
not

Court,
before

in

cause

furnish

security to
the

the

amount

$
time
as

bring why he should for personal

to

appearance be fullyand of any Given decree

Court, until such finally disposed of, and until

that
my may be

the

said suit
or

shall

execution

satisfaction

passed against
the seal of the

in the suit.

under

hand

and

Court, this

day

of

,19...

[L.S.]

Judge.

ORDER

FOR

COMMITTAL.

(Title.)
To. Whereas
to the Court in this suit, has made plaintiff that securitybe taken for the ap])carance to answer judgment that may any
,

the

application
of the be

defendant

passed
upon

against

in

the

suit ;

and

whereas

the

Court

has

called

CIVIL

PROCEDURE

CODE.

563
to offer
a

the

defendant
lieu of

to furnish

such
be

security, or
in

sufficient is ordered until until

,

deposit in
that the

security,which

has failed to do detained

be

; it

said

defendant decree. and

the

civil

prison

the decision the execution

of the suit, or, if judgment of the

my

given against

Given

under

hand

the seal of the Court, this

day

of

,19...

[L.S.]
No.
ATTACHMENT BEFORE SECURITY

Judge,

165.
WITH OF ORDER DECREE.
TO

JUDGMENT,
FOR FULFILMENT

CALL

FOR

(Title.)
To
the

Bailiff of the Court. has

in the

Whereas the defendant call upon

,

proved
above

to

the

satisfaction these
,

of the

Court

that
you to

suit
on

are

to command

the either

said
to

defendant furnish the

or

before
sum

the of dollars

day

of
to

security for the

produce
or

and

place at
decree

disposalof
may

this Court

when
as

required
may
,

the value fulfil any shew

thereof, or such portion of the value

that be

be sufficient
or

to

passed against
not

to appear you
are

and

cause

why
to

should attach the

furnish and

security

and
same

further safe and what

the

ordered
secure

said
the

keep

the

under
in to

custody
you

until

further

order

of the

Court, and
appear
you

manner

shall have

executed

this warrant

make

Court

immediately
under
my

after the execution

thereof, and have

here

then

this warrant. hand and the seal of the Court, this

Given

day

of

,19...

[L.S.]
No.
ATTACHMENT BEFORE

Judge.

166.
ON SECURITY. PROOF OF FAILURE TO

JUDGMENT,
FURNISH

(Title.)
To the Bafiiff of the
the
,

Court.
in plaintiff this suit, has to furnish

Whereas
to call upon that

the
,

defendant,
the

applied to securityto
suit
; and

the Court fulfil any

whereas

decree
the

may

be

passed against
upon to

in the to
;

Court

has

called

said

furnish
are

such

security,

which
to
same

has
,

failed the

do of

these

to
,

command and

attach

property
secure

the

said
the

keep

you the

under

safe and
in

custody
you

until

further

order
this

of the
warrant

Court, and
make and
appear

what
to the

manner

shall have

executed

Court
then

immediately
warrant.

after the

execution

hereof,

have

you

here my

this

Given of

under 19...
,

hand

and

the

seal of the

Court,

this

day

[L.S.]

Judge.

564

No.

15

OF

1918.

No.
ATTACHMENT
PROHIBITORY MOVABLE TO A LIEN

167.
JUDGMENT.
TO DEFENDANT OTHER PERSONS BE ATTACHED IS CONSISTS SUBJECT IMMEDIATE OF

BEFORE
PROPERTY THE SOME

ORDER,
PROPERTY OR THEREOF.

WHERE TO RIGHT

THE WHICH OF

ENTITLED,
TO THE

POSSESSION

(Title.)
To
,

Defendant. It is ordered
that you,

the

said
,

be, and
order
in

you the the

are

hereby,
from

prohibited and receiving from

the
said
,

restrained the
that is to

until the

further

of this Court defendant

said

following property
say, to
,

possession of
is the

which
,

entitled, subject to any

is

claim

of the

said
the any

and

hereby prohibited and restrained, until the said property to Court, from delivering
Given of
,

further
person

order

of this

whomsoever. this

under 19...

my

hand

and

the

seal of the

Court,

day

[L.S.]
No.
ATTACHMENT
PROHIBITORY

Judge.

168.
JUDGMENT.
CONSISTS
OF IMMOVABLE

BEFORE
THE PROPERTY

ORDER,

WHERE

PROPERTY.

(Title.)
To
,

Defendant. It is ordered
that you, the

said
,

be, and
order

you

are

hereby,
the
are or

prohibited and restrained, until transferringor charging in any

schedule

the way

further
the

of this Court, from

in property specified

hereunto

annexed,

and

that
any

hereby, prohibited from taldng charge of the said property.

Given of
,

all persons be, and they benefit from transfer any

under 19...

my

hand

and

the

seal of the

Court, this

day

Schedule.

[L.S.]

Judge.

No.
ATTACHMENT
PROHIBITORY
HANDS OF

169.
JUDGMENT.
CONSISTS NOT OF MONEY IN MENTS. INSTRUTHE

BEFORE
PROPERTY

ORDER,
OTHER

WHERE

THE OR

PERSONS,

OF

DEBTS

BEING

NEGOTIABLE

(Title.)
To It
is ordered

that

the

defendant

be, and
further
now

he

is

hereby,
Court,

prohibited and restrained, until the from receivingfrom the [money

to

order

of this hands

the

said and

defendant,
that the

or

debts,

as

the

them]

said

be, and

belonging case be, describing may hereby prohibited and

in

566 [Where
note
or

No.
the

15

OF

1918.
to restrain the may

injunction
the

is

sought

bill,the
to

ordering part

of the

order

run

negotiation of thus :]
from
or

restrain

defendants of them
or

and
......

with

custody any assigning,or negotiating the promissory note [or bill of the about in the in question, dated on or etc., mentioned and the evidence heard at this motion, plaintiff's plaint [or petition] the until the further until order of this or hearing of this cause
out
,

of the

of them

parting endorsing, exchange]

Court.

[In copyright
to

cases

"

]
a

restrain

the defendant, C. D., his servants,

etc,
,

workmen,
or

from

or vending publishing, printing,

agents, and book, called

any

part thereof, until the

of
the
a

[Where part only

to restrain

book

is to be

restrained

"

workmen,
of such mentioned
"

from

his servants, agents, and otherwise or disposing printing,publishing,selling,

defendant, CD.,
in the

parts of
to

the

book been that

have

plaint[or petitionand evidence, etc.] hereinafter as published by the defendant

the

specified namely,
and also that
in page etc.

part of part which

to page

said book

which

is entitled

is entitled

[or

which

is

tained con-

both

until the inclusive]

[In

cases

relating to
to restrain the

exclusive

for privileges

inventions"

r]

workmen,
case

from

making

or

defendant, C. D., his agents, servants, and vending any perforated bricks [or,as the

the principleof the inventions in the plaintiff's be] upon statement, etc.] mentioned, plaint [or petition, etc., or written either of them, during the remainder or belonging to the plaintiffs, of the respective terms of the grants of exclusive in the privileges the and from case be] mentioned, plaint [or, as plaintiff's may may

counterfeitingor imitating the same thereto, maldng any addition the hearing, etc.
or

inventions,
or

or

either

of them,

subtraction

therefrom, until

[In

cases

of trade-marks
to restrain

"

the

defendant, C. D., his servants, agents, and

workmen,

selUng, or exposing for sale, or procuring to be sold, be] described composition or blacking [or, as the case as any may be manufactured A. B., in or blacldng purporting to by the plaintiff, such bottles having affixed thereto labels as in the plaintiff's plaint other labels contrived or etc.,]mentioned, so or [or petition, any colourable imitation otherwise to represent the or expressed as by to be the same the as composition or blacking sold by the defendant and sold by the plaintiff, composition or blacking manufactured A. B., and from contrived so or using trade-cards expressed as to that sold or represent composition or blacking proposed to be any sold by the defendant the composition or blacking is the same as manufactured sold by the plaintiff A. B., until the or etc.
,

from

[To
business

restrain
"

partner

from

in

any

way

interferingin

the

CIVIL

PROCEDURE

CODE.

567 agents and servants, accepting, drawing,

or

to

restrain
into

the
any

defendant, C. D.,
contract any and

his

from

entering
or

from

endorsing,

negotiating

bill of

exchange, note,
of B.
and

Avritten

from of the security in the name debt, from buying and sellingany goods, from contracting any verbal written into or promise, agreement, any maldng or entering be done, any from and act, to doing, or causing or undertaking,

partnership firm

D., and

in the

name

or

on

the

credit

of the

said

partnership firm
can or

of B.
manner sum or

and

D.,

or

whereby
or or

the

said

partnership firm
or

may

in any

become money

be

made

liable to

for the

payment

of any

of

for the the

performance
etc.
,

of any

contract, promise,

taking under-

until

No.
NOTICE OF APPLICATION

172.
FOR INJUNCTION.

(Title.)

apply at the sittingof the for an injunction at Court day of he has suit which further from restrain D. a C. to prosecuting of breach for in to recover commenced damages against me suit this was for the the contract performance of which specific and him restrain from commenced discharges to giving receiving [or of the due to the partnership in the matter of the debts for any this suit which of was the for us winding up partnership between from commenced digging the turf from the land which was ; or him sold to me be to by the agreement, the specific by agreed commenced to enforce this suit is of which ; or, as performance
Take notice that

I, A. B., intend aforesaid, on the

to

the

case

may

be].

Dated To C. D. [N,B.
name
"

this

day
the do

of
,

19

A. B.
Where address
name

injiuiction
not

is to

be

and
the

suit, such
to
serve

and

address

appear must

upon be stated

against a party applied proceeding already filed any

for
in

whose in the

full to enable

the

proper

officer

notice.] No.
APPOINTMENT

173.
OF A RECEIVER.

(Title.)
To Whereas
in the above
:

has
suit
are on

been
the

attached

in execution
,

of

decree
,

passed

you

satisfaction under powers You under

are

of the

of in favour 19. day of hereby (subject to your giving security to the of the said property Registrar) appointed Receiver
.

Section the

505

of the

Code
that
a

of Civil Procedure,
section.

with

full

provisionsof required to render

receipts and
You upon

will be

account proper in respect of the said property disbursements at the rate of entitled to remuneration

due

and

of your
on

per

cent.

Given of

your under
,

receiptsunder
my

the

authority
the

of this

appointment.
this

hand

and

seal of the

Court,

day

19...

[L.S.]

Judge.

568

No.

15

OF

1918.

No.
BOND TO
BE

174.
BY

GIVEN

RECEIVER.

(Title.)
Know all
men

by
the

these

presents, that
are

we,

I. J., of,etc., and bound severally

to
,

K.

L.,
the

of, etc., and

M.

N., of, etc.,

Court of

jointlyand
in
,

to G. H., to

Registrar
said

of
or

be

paid

G. H., which

For

payment
our

his attorney, executors, administrators, or assigns. bind ourselves, and each of us, to be made we and
each

in the

whole,

of

our

heirs, executors, and

administrators,

jointlyand
Dated Whereas C. D. And

severally,by day plaint

the has of

these of

jJresents.
19
,
. .

this
a

been

filed in
insert

this

Court

by

A.

B.

against

for the purpose whereas

[here

the

object of suit].

said I. J. has

above-mentioned immovable

Court,
and testator

to to

receive

property

get

in

of 0. P., the Now bounden of money

the

in the

said

appointed, by order of the and rents profits of the the outstanding movable property : plaint named
the that the if the
sum

been

condition

of this
account
so

obligationis such,
for all and
receive
on

abovesums

I. J. shall which

duly

every

and rents

he

shall

account

of the

and

profitsof the
property of
as

immovable
said

the

O. P.

property [or as the

time

and
case

in

may

respect of the movable be] at such periods

the

said
shall

Court from

shall time

appoint,
to

and

shall

duly
be

pay

the

balances
him
as

which
the

be
or

certified to shall
it shall remain

due

from

said

Court

hath be

directed

hereafter

direct, then
in full force.

this

obligationshall

void, otherwise

I. J. K. M. L. N. of

Signed
[Note.
follow
the

and

delivered

by

the

above-bounden

in

the

jiresence

"

If
terms

deposit
of the

of

money

be

made,

the

memorandum

thereof

should

condition

of the

bond.]

No.
AFFIDAVIT FOR

175.
DISTRESS.

In

the

Court No of

of of 19
. . .

Distress A. B.

Plaintiff,

against
C. D. of
in at

Defendant. the State

in the of make

I, A. B., residingat
say

oath
is
,

and

that C. D., who

to

resides in the
sum

State for

of
arrears

justly
of

indebted

of dollars

of rent

CIVIL

PEOCEDURE

CODE.

569
in
at

the

house

and

premises
for
mensem.

No from

situated

at to

the the

State
rate

of dollars Sworn

due

months

of

per

before

me,

the

day

of
,

19.
. .

[L.S.]
No.
POWER
OF ATTORNEY

Magistrate or Registrar.

176.
TO DISTRAIN.

X, Y. to be my (our) agent [or we], A. B., do hereby authorize The of under for me to act (us) in distraining, Chapter XLIV due of rent now Civil Procedure Code, 1918," for (all) (the) arrears be in situated hereafter to me to on {here due] (us) [or property I am describe property), as to which (we are) entitled to distrain as alone [Owner, Lessee, Trustee, Guardian, etc.l, [or together with E. F.], etc.
I
"

Dated

at

the

day

of
,

19
. . .

(Signed) A.
Witness No.
WARRANT OF

B.

177.
DISTRESS.

(Title as
To
the I do in the
or

in

Form

No.

175.)

Bailiff of the

Court.
you to

hereby
upon the

direct

distrain
,

the

movable street, C. D., months' last,

property found
and
,

apparent
,

premises No possession of

in of

the

defendant of
of

for the

sum

dollars for
the
same

being
on

the

amount

rent

due to A. B.
to the

the

day
XLV and of
"

according
this

provisions of Chapter
Given of
,

The

Civil Procedure

Code, 1918."

under

my

hand

the

seal of the

Court,

day

19...

[L.S.]
No.
INVENTORY

Judge.

178.
AND NOTICE.

(Title as
To C. D.

in

Form

No.

175.)

[Stateparticulars of goods seized.]

Take found
and the

notice
in
or

that

I the

have

this

day
No the

seized
,

the

movable street,

property
,

upon

premises
the
sum

in the above

appa.rent possession of

defendant

C. D., contained
,

in

inventory,for
months'
rent

of dollars

being the
that of
sum

amount I value

of
the said

due

to

A. B.

on

last and
at the

movable that costs

property
unless of
an

approximately

dollars

and with the

or

the amount you pay this distress, within

of the five

said rent, together days from the date

hereof,

obtain

order

from

the Court

to the

contrary,

the

same

570
will the

No.
be sold

15

OF

1918.
19
,
. .

the on day of provisions of Chapter XLV

at
,

pursuant
Procedure

to

of

"The

CivU

Code,

1918."

(Signed)E.
No.
AFFIDAVIT ON APPLICATION

F., Bailiff.

179.
TO FOLLOW GOODS.

(Title as I, A. B., of
1
.

in

Form oath

No. and
,

175.)
say
as

make
,

follows

am

landlord the

of house

No
19.
, .,

street,
I obtained
in
or a

2.

On

day

of

warrant

of

distress No

againstthe
,

movable

property found
and
,

upon

the

premises
to
me

street,
C. D.
to
. .

in the

apparent possession of
rent

the from

defendant
19 to

for

arrears

of
.

months'
rate

due

19
.

at the
,

of $

per mensem,
all the

amounting
3.

On

the

day
house above No

of
,

19.
.,

saw

remove

household
to
,

furniture

from

the
,

said

house

No
,

street,
follow the

street.

On

the

grounds
as

pray to

for house of

authority
No 19.
,

to
,

property
Sworn

removed before
me,

aforesaid the

street.
. .

day

[L.S.]
No.
AUTHOEITY
TO

Magistrate or Registrar.

180.
FOLLOW GOODS.

(Titleas Upon reading the day and the return herein this day, it is
take, and
of distress been
seize

in

Form

No.
sworn

175.)
to and warrant

affidavit of of the ordered

filed herein

this

Bailiff to the that

the

of distress issued do follow,

warrant to
,

Bailiff seizure

of this Court under said No

the

all the
were

which

goods liable to alleged in and

said defendant
,

said

by
from

the

affidavit

have

removed

by
my

the

house

street, to house
Given of under

No hand and the

street.

seal of the

Court, this

day

,19...

[L.S.]
No.
AFFIDAVIT
ENTRY

Judge.

181.
AUTHORITY WARRANT TO OF MAKE DISTRESS. FORCIBLE

ON

APPLICATION IN EXECUTION

FOR
OF

(Titleas
I, A. B., of
1
.

in

Form
oath 19.
,
.

No. and
,

175.)
say
as

make
,

follows

On

the

day
,

of for the
the

I went of

to house
a

No
,

street,
distress the issued said house and

purpose

executing
found

warrant

of

against

movable

property

in

or

about

in the

apparent

possessionof the

said CD.

CIVIL

PROCEDURE

CODE.

571
rent

opinion such fourths of its yearly value rent payable in respect of

2. my 3.

In

house and its

is held neither

on

of
the

full threenor

its value

by

year

the

tenancy by the
and

year

exceeds

$300.
door
the

I found
with
a

closed

premises padlock from

was

the

deserted
the

outside. that
the

I made
tenant

unoccupied and the enquiriesfrom

had been absent

neighbours
more

and

informed

for

than there
are no means

As

of
or

executing
open

the

said

warrant

without

breaking
the

open

the

doors

windows

of the

order

of this Court before

me,

to break

said house, I apply for the said doors or ^vindows,

19.
,
.

Sworn

the

day

of

[L.S.]
No.
AUTHORITY TO
MAKE

Magistrate or Registrar.

182.
ENTRY IN EXECUTION OF WARRANT

FORCIBLE OF

DISTRESS.

(Titleas
To the
Bailiff

in

Form

No.

175.)

of the

Court. A.
taken
.

Whereas

the of

above-named
19.
, ,

B.
out

has
a

on

an

affidavit of distress

dated

the

day
the
or

warrant

whereby
in in the

Bailiff
upon

was

directed

to

distrain
,

the

movable

property found
and
,

the

premises
this

No the

street,
CD.
that

apparent possessionof
And
means

defendant
is satisfied

for the
there
are

sum no

of $
reasonable open 543 the

whereas

Court the

of doors
this

executing
or

said of the

warrant

without No
,

breaking

outer that
"

windows

said
the
"

street, and of
to
or

order

is warranted

by
1918 to be
,

provisions of Section
This is therefore open

The

Civil Procedure
to break open
or

Code,
cause

authorize windows

you

broken

the doors
far
as

of the said
to enable

house
to

No
execute the

street, so
said the
in

you for the

warrant,

taking
in

be necessary may all due precautions

protection
owner or

of

property
the

the

informing
this
or are

the that

persons

premises
owner

before
or

premises and acting on

persons is

order
to

you

have

such

order, if such
seal of the

be found. under 19...

,

Given of

my

hand

and

the

Court, this

day

[L. S.]
No.
MEMORANDUM

Judge.

183.
OP APPEAL.

(Name, etc., as
(Name, [Name
to the

in in

Register.) Register.)

Plaintiff Defendant

"

Appellant.
"

etc.,
of

as

Respondent. appeals
the
,

or defendant] above-named Appellant] [plaintiff

Court in

of

Judicial

Commissioner the
state

at

against

decree for the

of

the

above
"

suit, dated

following reasons

namely [here

the

day grounds

of

of

objection].

572

No.

15

OF

1918.

Oi

P3

P5
o

ft

O Pm
en

""
W Ph Ph *^

H
c"
I" I

C w

574

No.

15

OF

1918.

No.

187.

NOTICE

TO

SHEW

CAUSE

WHY

REVIEW

SHOULD

NOT

BE

GRANTED.

(Title.)
To Take of
its

notice

that

has
on

applied
the of
,

to

this of

Court

for 19.
,
.

review
in
,

judgment
case.

passed
The

day
19.

the to

above
shew in

day
the Court

is
.

fixed of

for its

you

cause

why

should

not

grant

review

judgment

this Given

case.

under

my

hand

and

the

seal

of

the

Court,

this

day

of

,19...

[L.S.]

Judge.

No.

188.

NOTICE

OF

CHANGE

OF

SOLICITOR.

(Title.)
To the Take
my

Registrar
notice that

of

the

Court. B. C.
in
,

I, A.
of
to

[or

D.],
the

have

hitherto

employed
cause,

as

solicitor I have of

G. ceased

H.,

above-mentioned that my

but
is

that J.

employ

him,

and

present

solicitor

K.,

A.

B.

[or

C.

D.]

No.

189.

MEMORANDUM

TO OR

BE ORDER

PLACED OF

AT

FOOT OR

OF ANY

EVERY OTHER

SUMMONS,
PROCESS

NOTICE,
OF
THE

DECREE,
COURT.

COURT,

Hours from office

of

attendance till

at

the

office
on

of

the

Registrar
the closed

[place day
on

of which

office]
the

[ten]
will

[four],

except
when the

[here
office

insert be

be

closed],

will

[at one].

INDEX

TO

"THE

CIVIL
{The
numbers

PROCEDURE
refer
to

CODE,

1918."

sections^

AFFIDAVIT" ABANDONMENT of of ABATEMENT of claim

suit

(fon".)
for

application
by by plaintiff,
362
on

inspection
clerk to

of

documents

to

be

by,

122
or

minor

plaintifE by
death 351

majority,
party
where

440

of

solicitor 131

signature
to send

of

admissions,
for

suit,
sue

none

of

right

to

in

support
142

of

application
any

records,
be

survives,
where deceased
no

of

suit,
of

application plaintiff
within of

by
six female

representative montiis,
355

Court

may

order 193
may

particular by,
193,
of

fact

to

proved

by,
evidence Court

not

caused

by
of

marriage
358

plaintiJCE or

be

given
attendance certain 195

194 194

defendant,
on

insolvency

plaintiff,
no

359 suit to be

to

be

order may confined to of

deponent,
196

matters, (ii)
196
"

(i)
administered

wheresuit ABSCONDING attachment ABUSE of process

abated,
WITNESS of

fresh

brought,

360

costs

improper,
oath person
or

by of, 164-166
to inherent of Court to to AGENT

whom to

affirmation

may

be

property Court,

making, application
436 of

support
next

for

appointment
440

of

new

of

powers

friend, coming

(ii)
age of

prevent,
ACCOUNTS
in

612

verify

minor,

(v)

suit

for, approximate
41

amount

to

be

stated

in

recognized,
process
may

34,

35 on, to

plaint,
in in in suits suits for

(ii)
suit, 211
of

served

be

effectual, 39, 70, 71,

or

36
42

administration

sign
of of

plaint
summons

if duly
on,

authorized,
of

dissolution

partnership,
and

212 213

service master

72 charterer for

between
to

principal examine, co-partners,

agent,
384 424

ship
of

agent

owner

commission in suits ADDRESS order in ADJOURNMENT of

383,

between

purposes service of

service,
in

71

(ii)
of immovable

agent
72 suit suit for

charge

property,

addressing
561

Court,

180,

181

and
no

prmcipal,
interpleader

account 464

between,

213

appeals,
solicitor

by,

AGREEMENT when refuses

at
or

is

unable 112

to

answer

between

questions
when Court may
on

first

hearing,
153 of

parties
upon, time
reference to

as

to

issue,
364

149,

150

grant,
failure

(iii)
parties
176 to

judgment
to

150,

give

procedure
evidence Court may
in

produce
with effect

after, 154 grant

when execution
at

judgment-debtor, to subject-matter
opinion
of

222 of pauper

suit,

of, 460
for

any of

stage,
fail
to

to appear
292

state

procedure
of ADJUSTMENT of of decrees sale

parties

after,

177 ALIENATION of attached

case

Court,

466

decree,
to

property, temporary

effect

of, 278
to

to

be

certified

the

Court,

223

of

property,
505

injunction

prevent,

suit, 364
AMENDMENT
summons on

ADMINISTRATION

originating
order persons Court orders ADMINISTRATION accounts rules
as

relating to,
482 summons, 487
on,

481

general
613 483 APPEAL when

power

of

Court

to

amend

defect

or

error,

for,
to not

application,
served
to

be

with

bound
may

order,
made

set-off

is allowed,

214 Judicial
not

(ii)
Commissioner
544

which

be SUIT

488

procedure
Court from to Lower

from on, of Appeal, Civil

to

affected,
to

(i)
sioner's Commis-

and
to

enquiries
insolvent

in, 211

Courts 544

Judicial

judgment-debtors

apply
from
term

Court, Penghulu
"

(iii)
of order" 1st

in, 211
ADMINISTRATOR claims

to

Magistrate
"

class,
546

544

(ii)

decree"

includes within

545

by by
or or

or

against,
him

not

to

be

joined
31

with

claims

must Judicial

be

brought
Commissioner

one

month,
extend

against against,
to admits

personally,

may
547

time

for, 546

suits ADMISSION
no

by

426-428

memorandum what is to

of,
accompany confined 548

memorandum,
to

647 out in

(i)
randum, memo-

summons

issue,
on

where

defendant of fails

appears
55

appellant
Court not

grounds
in its

set

and

presentation plaintiff
at

plaint,
to

by
of

defendant, by genuineness
129

when Court of

recorded

first

hearing,
power 130

appear, 109
to

101

confined 548 amendment

decision

to

such

grounds, rejection
one or

documents, demand,

demand,

of

memorandum,
or

549 may

of obtain

several reversal of order decree for

plaintiffs
of not whole

defendants
550
reason

of

facts,

aflQdavit

power of

to

decree, by
execution

signature
131

of,

to

be

sufficient

execution when

stayed
of

of, 551 issue,

evidence, application ADVOCATE,

AFFIDAVIT for
see

stay
of

may
552
or

judgment

upon,

132

551

(iii)
in
case

Solicitor

security
no

stay

of

execution,
Government

security

interrogatories party
may documents be

to

be

answered
to

by,

117

required officers, 553

of for costs not

from

public

ordered in his

declare

by

afBdavit

all
to

registration
security
if

memorandum, of, from furnished,

to

654

possession

relating

appellant,
be

556 655

suit,

123

security

rejected,

(ii)

511

576
APPEAL" when

INDEX

TO

CIVIL

PROCEDURE

CODE.

(coH^.)
Court to be
558 may

ARREST dismiss 556 for 557 hearinff, decree is wliose witliout service
on

of absent

witness, 164
325

respondent, day
fixed notice Lower 558 to Court Court

of judgment-debtor, in of absent witness

insolvency enquiry,

348

(ii)

appealed against,
papers in suit,

in cantonments,

410 492-496 be

hcjorc judgment,
to send all material defendant for order may

required
492

to furnish

security

(ii)

Lower to or respondent apply may Court for copies of papers, 558 (iii) and service of notice of publication day for hearing, 559 contents of notice of, 560

appellant

appearance, for deposit

or

security, 493

discharge of surety, 494 495 of defendant, imprisonment 496 subsistence of defendant, 504 for improper, compensation
of persons outside of decree, 605

order to be

of

561 liearing,
ex

jurisdiction,not
account in

in

execution

dismissal, for appellant's

heard parte 562

default, 562 in respondent's

to

absence,
cost

release ASSESSORS be

from,

on

of illness, 009 suits

dismissal,
re-admission 564 power of

on

failure
on

of appellant

deposit
for to

may

summoned

relating

to

salvage,
604

of notice

563 respondent, of appeal, dismissed

default,
be made

Court

to 565 pane

direct in

persons of

etc., 604 fees of, to be fixed by Judicial ASSIGNMENT, see Conveyance of interest pendente lite,361
ATTACHMENT of

Commissioners,

respondents,

re-hearing,
566

ex

absence

respondent,
if he had

respondent object to decree, as may preferred separate appeal, 567 567 (ii) objection to be in form of memorandum, service of objection on appellant, 567 (iii) remand of case, on appeal, to Lower Court, 568 order for new trial, 569 when evidence record on sufBcient, appellate
Court
may

sufficient of party to pay failmg property 168 for witnesses' sum expenses, 164-106 of property of absconding witness, 260 for specific movables, in decree decree 261 for

in

specific performance

or

injunction

in execution

property property
power
to

liable

exempt
summon

to, 205 from,

and

205 examine persons

as

determine may

appellate
to

Court Court

case, 570 frame issues and what

to

refer

back of

property
movable

liable

to be in

Lower

Court,

571 additional

appellate

evidence

findim^ and record, 572 on of additional evidence in appellate production Court, 573 mode of taking, 574 recorded to be defined and points regarding
additional

direct may to be taken, 571 evidence to be put

of

evidence,
to be decree

575 576 of
or or

property debtor, 267 in other not and share property debt, possession of judgment-debtor, 209 of salary of public officer, 270 271 of negotiable instrument, 272 entry into dwelling-house, with in Court or public of property deposited officer, 273
of decree for money, withdrawal of decree, 274 275 of immovable order for reversal of coin

seized, 206 possession of judgment-

judgment
when what
no

and

in appeal where of

pronounced,
on

property,

it may reversal

direct, 577
account
error case

of, after
276

satisfaction

or

of affecting merits jurisdiction of Court, 578 decree in appeal date and contents of, 579 to parties, 580 copies of, to be furnished sent to be to Lower of, Court, 581 copy as to have same appellate Court powers of original jurisdiction, 582 execution of, 583 appeal pauper objection in, 567 (iv) who appeal, 584 may when Court shall reject application, 584 to pauperism, 585 as enquiry

irregularity not

Courts

APPEARANCE

by recognized agent or solicitor, 34 in person, by plaintiff or defendant 57, 58 fixing day for, 60 94 by parties on day fixed in summons, not served, summons by defendant, although
95

notes, 277 or currency void after, 278 of property private alienation investigation of clairtis and objections 279 of investigation, mode 280 to be adduced, evidence 281 from attachment, release of property of claim to property attached, 282 disallowance of attachment to property continuance subject 283 to incumbrance, property, 284 suit to establish right to attached decrees execution of attached in of property in several Courts, 285 before judgment application for, 497 conditional order security, 497 (iii) Court may shewn not where cause or security attachment not furnished, 498 of making mode attaciiment, 499 attached, to property so investigation of claims
500 removal

failure

of

defendant after

to

appear

where

time not

insullicient, 99

by defendant,
100

hearing adjourned
defendant States of of
one

ex

parte.,
outside 103

not

attaciiment, when security furnished dismissed, 501 to affect prior riglits of strangers, 502 from to bar decree-holder applying for sale,
of
or

suit

502 where

procedure
Federated

residing
does
or

property

under

attachment

Malay
failure 104 failure

not

appear,

in execution

not of decree, 503

to

be

re-attached 504

procedure
appear,

on

more

to plaintiffs defendants in

compensation
general
of debts
not

for improper from

a

attachment,

procedure
to failure

on

one

or

more

owing
ma.v

105 appear, of plaintiff

injunctions
or

firm, 423 be enforced by, 500

more

(iii)
year, 506

defendant

to

appear

to remain

in force outside

than 605

one

(iv)
not

ordered, 106 by partner in firm, 419, 420 Resident certain exempt may from, 601
person, APPLICATION for for execution, of review
xee

when

of of rank ATTORNEY

property

jurisdiction

of

Court,

in execution persons

of decree, persons not

power may

of, from apply

to

resident

within

local

35 jurisdiction, Execution of Decree

levy distress, 524

by

Judgment, ace originating summons,

Judgment
see

AUCTION,

PUBLIC to be made in execution of sales by, 288

Originating

sales

by,

287

summons

proclamation

INDEX

TO

CIVIL

PROCEDURE

CODE.

577
SETTLEMENTS)"
of, in bankruptcy
issued

AUCTION',
Court

PUBLIC" may direct

(co/!i.)
negotiable securities and shares not to be sold by, 297 of distress to be by, 530

COLONY action
service

(STRAITS
in aid of 350
summons

of Courts

(cowO matters,

in corporations sales under warrant

by

Courts

of, 60S

LICENSED AUCTIONEER, in execushall usually conduct tion sales of property of decrees, 287 of distress, exceeding warrant property seized under SIOO, to be sold by, 531

COMMISSIONS
to

examine witnesses when Court issue, 371 may order for, 372 wlien 373 when witness witness resides witliin the

jurisdiction,
is about to

B BAILIFF authorized any person of distress, 520 BANKRUPTCY ENACTMENT of this Code chapter XXIII into force of, 1 coming BILL OP includes to execute warrant

leave,

the

to

be

repealed,

on

EXCHANGE,

see

Negotiable

ments Instru-

CAUSE

OP

ACTION and be collateral of action, 29 joined with

Federated Malay distance, 375 376 examme pursuant to, return of, with depositions, 377 to form part of the record of the suit, 377 when taken be read in depositions on, may evidence, 378 issued provisions as to, to apply to commissions by foreign Courts, 379 letter of request, in lieu of, 380 lor local investigations Court

who persons when witness States or

resides outside, or jurisdiction, 374 execute, 373, 374 may is not reasonable within

receiving,to

obligation
one cause

security

constitute of

(iv)
suit for recovery of

what

may

land, 30 plaintiff may against same

defendant

issue in certain cases, 381 make rules as to persons may they shall be issued, 381 Commissioner to retiurn report, with
may

Court

Resident

to whom

evidence,

join

several

causes

action

to

Court,

382

may of action, 33 when suit abates

no

defendant, 32 apply to confine suit to

or

one

cause

is dismissed be

by
on

death,
same

etc.,
cause

fresh

suit

to

brought

to examine accounts Court issue in suit, where 383 necessary, may Commissioner to receive instructions, necessary 384 of Commissioner to be received in proceedings

of action, 3G0 CERTIFICATE of grounds of of judgment non-satisfaction in Lower of 311 to be Courts

220

201

part

or

decree,

of sale of land in execution, CERTIFIED COPIES of returned of decrees of

documents,

when

given.

111

executed by other Courts, 226 decree in appeal to be furnished to parties, 580 to be sent to Court appealed from, 581 CHARGE claims

to be judgment and

under,

may of land, 30

be

joined

with

suit

for

covery re-

384 (ii) evidence, if satisfactory, partition of immovable property, 385 sale in lieu of partition, 386 general provisions as to of, to be paid into Court, 387 expenses of Commissioners, 388 powers and examination summoning, attendance, witnesses, 389 390 of parties, appearance costs of, to be paid by persons exempted Resident from 601 personal appearance, COMPANY, see Corporation
to make

of

by (iii)

COMPENSATION of

attachment

property
296

subject to, 283 subject to, sold in execution

of sale to charge PUBLIC
491

decree,

for wrongs, suits for injury caused

299

for, 13 at sale in by irregularity

or

tion, execu-

postponement
debtor

of land

to

allow 304

judgment-

for

improper
504

arrest for 510

attachment issued

before

ment, judg-

property,

CHARITIES,
suits

to defendant

injunction

on

insuflScient

relating to,
SECRETARY

grounds,
COMPROMISE of suit, 3G4

CHIEF CIVIL CIVIL CLAIM

definition

of,

2
see

COURTS,
PRISON definition of
.

Lower

Civil

Courts

CONSTRUCTION

originating
2 CONTRACT

summons

relating to questions of,484

reilnquislmient of portion of, 29, 362 of rent, 30 in respect of mesne profits or arrears or chargee, 30 by mortgagee administrator, 31 or by or against an executor under cross-claims same decree, 245 to property attached, investigation of, 279 ct scq. of part of, by plaintiff,362 abandonment into Court in satisfaction of, 365 payment attached before gation to judgment, investiproperty

21 joinder of parties liable on same, for breach be joined with claim of, may of land, 30 for recovery made behalf of Government, 400 on injunction to restrain breach of, 506 CONVEYANCE includes decree COPY of
to

suits

transfer for

or

execution,
book in

assigimient, 2 how executed, 262,

in

301 137 in

entry
form papers

in

admitted

evidence, 136,
required

of, 500
CODE

part of the
Lower

of

record, 139 Court, when

application of, to Supreme

application of, to Lower
COIN attachment COLLECTOR of land COLLISION
.assessors

Court, 3
Civil

Courts,

appeal, 558 (iii) in appeal, 580, 581 of decree CORPORATION

to carry on business, 12, Expl. II of interrogatories on, 116 execution of decree for or injunction specific where deemed service

of, 277
copy of order to be of attachment served in suits
on,

revenue, immovable

of 275

propertv
be

may

summoned

relating

to, 604
COLONIES commissions COLONY service of of issued bv Courts

against, 261 (ii) in, in execution, 297 delivery of shares in, sold in execution, 300 (iii) suits by and against, 411-413 of plaint by, 411 subscription and verification performance
as

rules

to

share

of, 379

service 413

of

summons

on,

412 director members

or

(STRAITS
summons

SETTLEMENTS)
in, 81
reside

personal
when

attendance

of

otlier

oflicer

stay

insolvency

of creditors

proceedings, in, 341

majority

injunction binding
509

on

and

officers

of,

m"

37

578
CO-SHAKBB
in COSTS of of undivided estate

INDEX

TO

CIVIL

PKOCEDURE

CODE.

D has

preference

in

bidding

at

DAILIGES amount 381 DEATH

sale lield in execution

of decree, 309 of

of,

may

be

ascertained

by commission,

rejection
solicitor
a

or

amendment

plaint, 44
where tliere is

in

respect

of

decree of

of of of of

party,
351
one

no

abatement

if

right

to

sue

survives,

set-off, 88 (ii) of rejection or amendment

its of
summons

written

statement,

not dollars

served
as

fifty

security

in time, 99 for

(ii) interrogatories,

113

(iii) interrogatories, 115 declaration for as security

of

of unnecessary fifty dollars

of of of DECREE

122 (ii) documents, notice to admit, after documents of proving 129 (iv) to admit, 130 (iv) of proving facts after notice 176 (ii) of adjournments, of irrelevant aflSdavit, 195 (ii) amount of, to be stated in decree, 203 (ii) of applications, 216 to be paid, 217 by whom of Court as to, 218 power decree if it were be executed a order as for, may for
may

plaintiffs or defendants, where sui-vives, 352 of several one plaintiffs, where right to sue does not survive, 353 where sole or sole surviving right to plaintiff, sue survives, 354 abatement where no application by plaintiff, six months, within representative 355, 356 of several one defendants, 357 friend next of minor, 438
several
sue

of

right to

definition

of,

against plaintiffby
ex

set parte against defendant to be set aside without not

default, bars fresh suit, 102 aside, 107 notice to opposite

fail to appear after

party, 108 when parties passed

112 contents

ponement, post-

be
be

218 (iii) money, set off against sum 219 due,

of, 203, 204

of immovable of movable Court
may

admitted

or

found

to

Court

may
to

payment
not

give interest on, 220 of, out of subject-matter in insolvency be allowed

refuses
349 to

for recovery for recovery for money,

property, 205 property, 206

order
interest on,

207 208 of

of suit, 220 when matter,

direct payment by may in suits for land, Court

or

instalments,
may direct

payment

Court

approve

comijosition

scheme,
on

(xii)
where
as

profits, 209 in administration suit, ^11

mesne

plaintiffwithdrawing
incurred Court into 368

of suit

from suit, 362 (iii) plaintiff accepts payment satisfaction in only, part

in suits for dissolution in suit when certified 215 how money between
set

of

partnership,

212

(ii)
for, when
to

principal and agent, 213 off is allowed, 214 on of, to be furnished application, copy

security
effect in in of of

from required plaintiff,369 security, 370 401 suits by or against the Government, suits by minor, 429 next without friend, 430 plaint filed by minor next without fi'iend, obtained order by minor of failure furnish 433

payable

under

to be

paid,

221

(ii)
friend abandoned

retiring next
of suit of of in of

to give security for, 436 majority, 440 (iv) on by minor co-plaintiff, on majority, application by minor to repudiate suit, 441 (iii) of behalf instituted suit on improperly minor, 442 (ii) interpleader suits, 462, 163, 465 suit negotiable instrument, summary upon 471

for payment under, 222 to give time agreement to certified monev paid out of Court on, to be tiieCourt, 223 the outside and Courts transfer from of, to Federated Malay States for execution, 230, 231,232 transferee of, 240, 241 cross-claims execution how how for date executed under

of,

see

245 same, of Decree Execution

from after of one lapse year of, 246 executed against legal rejiresentative, 246 immediate not exceeding $1,000, money may be ordered when decree

(iii)
for, from suit, 477 plaintiffin summary of dishonoured bill, non-appearance

execution

security
of 478

noting

passed, 259 how for specific movables, enforced, 260 how for specific performance, enforced, 261
for execution of document
or

security for, from

of re-admission
564

appellant, 555
of

endorsement

of

appeal

dismissed

for

default,
when

negotiable instrument,

262

application of respondent, 566 in decree, 579 (iii) of appeal, to be stated sioner, CommisCourt to Judicial of reference by Lower
of re-hearing
on

for money, attachment of, 274 attachment satisfied reversed, or 276

drawn, withto

against
404 to in follow

the

Government,
upon
on

no

execution stated for

issue,

589

of COURT

commission from

to

examine appearance,

personal
into,
see

exempted persons 601 (iii)

judgment
470 suits order 579-583 Court
"

case

opinion

of Court, summary 476 " includes in in

negotiable instrument,
of

474,

payment
may whicli Lower COURTS send

Payment
of any

for records
a

passed

decree,
Lower

Court, of meaning
Court

142

for purposes

appeal,

545

expression,

appeal,
Lower

606

(ii)
Civil,
see

contingent
on

Civil Courts

Judicial Judicial
9

Commissioner

ENACTJIENT Civil

Commissioner

may

of opinion upon point referred, 587 alter, etc., on

jurisdiction of
provisions
Judicial and

under,

reference, 590
DECREE-HOLDER

of,

48

Commissioner's revision

under,

powers 593

of

sui)ervision

CROSS-BECJtEES
execution cross-claims CROSS-E CROSS-SUIT written CURRENCY attachment CUSTODY of property under statement NOTES to have
same

of, 244
same

under X A M INATION

decree, (ii)

245

definition of, 2 of payment certificate by, 223 payment to, and must apiily for execution, 233 of decree by joint, 239 application for execution transferee of decree to hold subject to equities 241 enforceable against original,
not

documents

produced

for, 54

to

bid

at

sale

in

execution

without

mission perwhen

effect

as

jdaint

proceeds
there may DEPENDANT

of Court, 294 divided to be of sale

are more

rateably
be

in, 88 (ii) of, 277

than

one,

296

apply

that 333

insolvent,

judgment-debtor (ii)
as, 18

declared

attachment,

rule

for, 268

who

may

be

joined

INDEX

TO

CIVIL

PROCEDURE

CODE.
(cow^.)
may

579

DEFENDANT" not

(cow.)
that every necessary in all relief, 20
on same

DISTRESS" defendant be interested either

warrant

apply
of

to Court

to

discharge
to

or

suspend
bailiff of

joinder of, liable

contract, 21 behalf of all, 22 defend one on may where 2t (iv) added, plaint to be amended, defendant when proceedings against added
commence,
one or more

distress, 539 oiScer in possession to give notice off of execution, 540 payment
tenant 541

evading

distress

bv seizure

removal of

of such of

goods,

of

24 (v) several, may

Judge
authorize is any other

may wherever 541

authorize

found,

within

30

days

goods, removal,
of

plaint
wlieii

to act, 26 to show 41

that be

defendant to

inteiasted,
in person,

(iv)
he may ordered appear

seize found in goods may 541 removed, if sold honA goods removed, fide, not 542 deserted when

bailifi

act

being seized,

to be for

57, 58 fixing day for appearance of Federated residing out

appear, non-attendance failure
to to

of, 60 Malay
more

States

failing
DOCUMENTS

may memorandum
on

be

premises, applicant put in possession of, 543

distress

103 of
one or

of several, 105

ordered, lOG to admit deny allegations in plaint, 109 or not at issue, 152 when of several one of money into Court by, 365 payment suits upon of, in summary negotiable appearance 472 mstruments,
appear when when
arrest

in person

of, to be endorsed on plaint, 49 plaintiff sues, production of, 50 not in plaintiff's possession statement or power, of, 51 of book production when or shop-book plaint filed, 53 for produced cross-examination refresh to or
which memory, 54 not

ordered
492

to

furnisli

security
492

for

appearance,

inadmissibility of,
of, before

produced

when

plaint

judgment,
sold

filed, 54
300 310. defendant to order 61 to produce, declaration relating to suit, power to demand and 122 production of, to order of document production during power suit, 123 notice to produce document for inspection, 124 notice to be given when and where inspection may be had, 125 order for inspection, 126
summons

DELIVERY of movable of immovable 317 resistance

property

in execution, sold iu

property to, 318-324

see

execution,

DISCOVERY,
DISHONOURED recovery DISTRESS of

Interrogatories
BILL of

costs

noting non-acceptance,

478

interpretation, 520 these no provisions, 521 levy of, except under due to Government, 521 not to apply to rent months due more than twelve not to apply to rent prior to application, 521 who apply, 522 may 523 of application, form apply, 524 attorney may within returnable six days, 525 issue of warrant, what be seized, 526 may from what seizure, 526 (ii) property is exempt remove to impound or property seized, power
527 and estimate inventory 528 be made, of notice 528 date of sale to of be value of to

power

to

order of demand

issue 127 failure

to

be

determined

before

inspection,
consequence power to be effect Court
to

to

produce

or

give

spection, in-

128 admission used 133 of non-production when in evidence, to be ready of genuineness of, 129 at first hearing,

of, 134
admitted in

may endorsement

reject irrelevant, 135

on,

evidence,

property

to

given
party
warrant notice

defendant,
to of distress,

136, 137 when rejected, 138, 139 admitted, to form part of record, 139 impounding of, 140 return of, after lapse of time for appeal, as provisions to, to apply to all other objects producible as evidence, 143
issues may be framed from 146 contents

141 material of ments docu-

application by
discharge
529
or

defendant

or

interested

suspend
24

the

summons

produced, to produce,
person 161 of in Court

applicant
529 power when to

to

give

hours' to

to

plaintiff, right
to

any

may to

159, 160 be required

to

produce,

institute

suit

establish

service

summons

produce,

162

property seized, 529 (ii) shali be sold, 530 property provisions of sale, 531 penalty for contravening 8100 to be sold by licensed exceeding property auctioneer, 531 be taken to auctioneer's to be sold may property
"

stranger
no

order

be required to produce, 108 may made Government against the for inspection of, 403 to be
"p

to suit

ENLARGEMENT of time EVIDENCE for

sale room, unsold

531

doing
to

any be

act, 611 ready

in,
to

property to be returned, 531 application of proceeds of sale, 532 bailifl to keep a record, 532 of for distress provision by one
533

documentary,
documents

at

fii-st hearing,

133

admitted inadmissible used

form

part
tlie

of

record,

joint-owners,
of person

139 documents under law

of,

not

fiduciary capacity issuing distress, 534 lessee against under-lessee, 535

representative

or

distress
at

after

determination to under not be

of

term before of

or

tenancy

will, 536
claim claim satisfied
warrant rent

landlord's landlord's 537

is removed

to exceed

property execution, 537 for six months,

in favour of of warrant in execution exemption 537 Government, is under where already procedure property seizure, 538 notice by officer in possession on receiving copy of distress, 539 of warrant decree-holder 539 and

in, 142 objects producible as, 143 of suit for furtlier, 153, 154 postponement failure to produce, 154 disposal of suit upon in Court be required to give, 161 any person may production of, at hearing, 180 where there are several issues, 181 be to taken orally in open Court, 182 in appealable taken, 183 cases, how Court take down question particular may any
material and answer, 184

to be

judgment-debtor

to

be

fied, noti-

objections to questions put, 185 in unappealable how taken, 187 cases, how recorded when unable Judge down, 188 taken who is dead removed by Judge or conclusion of suit, 189

to

take before

580
RVIDENCE"

INDEX

TO

CIVIL

PROCEDURE

CODE.

(ro"L)

EXECUTION

OF

DECREE" claims and

190 to leave the jurisdiction, about of witness bv be certain under given conditions, may, taken

i7ivesligation of
see

(ron".) objections, 279-285,

Attachment

affidavit, 193 under commission, 378, 382, 884 production of additional, of taking on appeal, mode points to wliicli evidence specified by appellate
in certain first
cases

when in 574 shall

it may

be

used,
573 be

scde generally, 286-296 to order property power

appellate
be

Court,
to

confined G14

recorded

Court, 575 by Registrar,

109

(iii)

EXAMINATION
of

parties at

hearing,

of party or companion to writing by reduced DECREE EXECUTION OP

Conns

of )iarty, 110 Judge, 111 be

to

hy
Court

which other

decree than be may 225 sent decree

may

by
when

Court sent with to

224-232 executed, passing decree, 224 another Court for

attached to be sold, 286 conducted and how 287 made, sales, by whom of, by public auction, 288 proclamation of Judges, etc., for errors in, 280 indemnity of publishing proclamation, 290 mode of sale, 291 time to adjourn sale, 292 power costs or of debts and tender of sale, on stoppage 292 (iii) on proof of payment, 293 of defaulting purchaser, lialiility decree-holder not to bid for, or buy property without permission, 294 bid concerned sales to for in not or buy persons property, 295

decree

proceeds

of

sale

to

be

divided

rateably

among

execution,
documents Court 228 powers 229 transfer 231 of of

to be

receiving
Court

decree, 226 file and execute,

transferred from for Courts

227,

executing
to and States

decree,
outside

decrees

decree-holders, 29G 296 of incumbrances, proviso in case of sale, not receiving proceeds persons be sued, 296 (ii) thereto, may Labourers in or rights of Government 296 distribution, (iii) 297-302 sale of movable property,

entitled rateable

Federated

Malay
decree

execution,
from for

230,
Court
tion, execu-

negotiable
payment
298

instruments movable

and

shares sold

in

tion, corpora-

297 when 232 Federated 233-247 in certain

not

procedure
outside

is transferred States Malay

for

nroperty

by auction, injured
actually of

irregularitynot
may cases, in 234

to vitiate

sale, but

person when

application for,
execution of contents of movable of when immovable 237

barred

application, 235
property
236

judgment-debtor's

delivery seized, 300 where property

other

sue, 299 movable of sold

property,
is in

possession
in

some

possession,

property,

particulars required,
Land

delivery
300 where
a

300 (ii) person, shares of debts and

corporations,
is required to

(iii)
document
or

from by extract to be accompanied Ofiice, 238 application by joint decree-holder, 239 of decree, 240 application by transferee transferee to hold subject to equities, 241 against legal representative of execution 242

endorsement of

effect transfer, 301 Court appoint receiver may 301

interest

or

dends, divi-

(iii)
case

vesting order judgment-debtor, sale of immovable

may what be may when 303 be

in

of other

property,

302

ordered

receiving application for, 243 of cross-decrees, 244 in case under same of cross claims decree, 245 in case be should not decree cause why to show notice executed, 246 procedure after issue of notice, 247 warrant for execution, 248, 249 date, signature, etc., of, 248 endorsement of, 249 stay of execution, 250-253 when allowed, 250 judgmentrequire security from Court may debtor, 250 (iii) be to property liability of judgment-debtor's retaken, 251 decree which passed of Court binding on order Court applied to, 252 and decree-holder between suit pending where

procedure

on

303-317 property, Court by the Supreme deemed to be movable to to immovable enable

only, 303 property

attached of sale Court

property,

(ii) postponement
to

judgment-debtor

raise amount of

of decree, 304

certificate
to

authorizing judgment-debtor

charge or sell land, 304 (ii) and re-sale on by purchaser default, 305 in full, 306 for payment time 307 procedure in default of payment, notification re-sale, 308 on deposit
bid of co-sharer to to have set aside 310

application
or

sale

preference, 309 on ground

of

ii-regu-

larity fraud, setting aside sale on ground of judgment-debtor Interest, 311 having no saleable until confirmed sale absolute by Court, 312 no to purif sale set aside, price to be returned chaser,
313 certificate bar
to

judgment-debtor, 253 questions for Court executing decree,

as

254

to purchaser,

314

profits or interest, 254 regards mesne parties or their representatives arising between the to execution, discharge, or relating
satisfaction mode of
a

suit

against

purchaser
in

buying

on

behalf

of

others, 315 delivery of property

occupancy

of

judgment317

decree, 254
of deceased

of execution, 255-204

decree

against

representative

255 person, decree against surety, 256 enforced for money decree

debtor, 316 of tenant, delivery of property in occupancy resistance to delivery of possession, 318-324 investigation by Court, 318
resistance
or

obstruction obstruction

by
by

judgment-debtor,
bond

by
where

attachment amount of has

and to

319 resistance
or

sale, 257
decree
be

fide claimant,

for

profits mesne ascertained, 258

or

320

complaint
execution decree bond holder 322
or

by
or

person to

dispossessed
321 restored to be

by

decree-

Court

immediate order may not exceeding for money for

purchaser,

$1,000, 259

fide claimant

possession,

decree decree

260 movables, specific for specific performance execution of document

injunction,
or

261 decree decree for ment endorseof negotiable instrument, 262 for immovable property, 263 when property delivery of immovable of tenant, attachment 264
see

pendente lite,323 property transferred conclusive, subject to regular suit, 324 examination and imprisonment of judgmentdebtor, see Judgment-debtor
order

generally
in
pancy occu-

not

to 404

issue

on

decree

against
a

the

Government,

of property, 265-278,

Attachment

method

of execution

against

firm, 422

582
IMMOVABLE PEOPERTY" attached

INDEX

TO

CIVIL

PROCEDURE
INTEREST"

CODE.
(co?!".)
mesne

(foni.)
be movable

things

to, may

property,

on on

profits, 209

303 commission sale

(ii)

costs, 220

for partition of, 385 of, in lieu of partition, 386 of sale of, in execution when

decree,

may

be

stayed,
IMPOUNDING
of documents

552

(ii)
140 disobedience in decree

by Court,
for

of, to be decided question by Court executing decree, 254 due instrument on negotiable or share, Court to after sale in receive appoint may person execution, 301 (iii) allowed not into Court after notice on pavment
to

IMPKISONMENT
of for in

36'7 plaintiff,
or

judgment-debtor
resistance execution

INTERESTS created INTERLOCUTORY affidavits INTERLOCUTORY of

261 for specific performance, to execution, 319 of

passing pendente
APPLICATION

lite,361

decree,

see

Judgment-debtor by, 261,

506

in, 195
ORDER Court of to

456 plaintiflF, be enforced injunction may of pauper release INCUMBRANCE

power for

make,

for

sale and and

of to

perishable
authorize

from,

on

account

of illness, 609

articles, 511
detention

subject to, 283 rights of, against proceeds

attachment

entry,
of

subject-matter taking of samples

experiments,

property

sold

in

512 after notice, 513 apphcation for, to be made for deposit of money or thing capable of delivery in Court, 514 INTERPLEADER SUIT may be 460 when

execution, INDEMNITY
to be given 52 of

296 lost

in suit

on

or

negotiable instrument,
ofBcers execution for
errors

judges and other public proclamation of sale in

289 TEMPORARY enforced 261 be

in

instituted, 459

of

decree,

plaint in,

INJUNCTIONS,
may be

by granted,
from to be

imprisonment
505

or

attachment, when they may

to restrain

of thing claimed into Court, 461 payment 462 where defendant is suing plaintiff, procedure at first hearing, 463 procedure not institute,464 agents and tenants may charge for plaintiff's costs in, 465 INTERROGATORIES of parties to deliver,113 power set to same not more than one defendant
not

defendant other

of contract or property attached 506 Court 506 before to may order to be set

committing injm-y, 506

sold after to to if
one

breach

year,

party,
written

113

(ii)

(iv)
may award

to deliver

unless

statement

compensation

plaintiff,
notice would

(iv)
direct

granting injunction. Court opposite party, 507 be granted without notice,

defeated

previously tendered, 113 (ii) fiftydollars to be deposited as security for costs, 113 (iu) when leave to dehver granted by Court, 113 (iv)
service

object

of, 114
into

by

delay, 507
be

enquiry
or

propriety

of

delivering,115

for, when

it may aside, 508

varied, discharged,
all its members issued

corporation, binding officers, 509 for, when compensation

on

and

on

insufficient

grounds,
INSOLVENCY

510

of, on corporation or body, 116 117 objections to interrogatories by answer, setting aside interrogatories, 118 time 119 for filing affidavit in answer, no exceptions to affidavit to be taken, 120 omits to answer party procedure where
121 consequence when Court not to

service

ciently, suffi-

application by
in

judgment-debtor
Court,
333

or

decree-holder

Supreme

of application, 334 contents subscription and verification Of, 335 of appUoation and notice, 336 of copy service other of Court to serve creditors,337 power procedure at hearing, 338 and of insolvency declaration appointment

128 of failure to answer, for examination issue commission may 371 of witness upon, be administered against the Government,

403 INVESTIGATION of of ISSUES claims

see

and for

objections local,381,

to 382

attached

propertj',

Attachment

receiver, 339 creditors to prove

schedule

commissions their and

of creditors

debts, 340 debts, 340

stay

of

proceedings
in the

where

majority

of

creditors

are, 144 framing of, 144 issue of law 145 from

or

what

(v)
be tried issues may before to be be issue of

Colony, 341 receiver, 342 effect of order appointing be declaration of insolvency to published Oazelle, 342
reside

may

fact,

in solvent in-

material
witnesses

which documents 147

framed,
examined

146 before

procedure
when

where
on

judgment-debtor
application
may be

declared 343 committed

framing,
power

of decree-holder,

judgment-debtor custody, 343 (iii)

and of remuneration

to

to amend, add, and strike out, 148 in form of fact or law be stated questions may of, 149

duty
effect

of receiver, 344

judgment
decision

on

issues

framed

by agreement,

150

discharge
that in
case

declaration

of insolvent, 345 insolvent is discharged, 34C of dishonest

as

procedure
Court 348 may

debtor,
insolvent's ol

347

inquire
in 349

to

property,
of
an

202 each issue in judgment, upon direct what issue shall be appellate Court may tried on to Lower Court, 568 remanding refer them frame issues and appellate Court may for trial in Lower

Court,

571

composition
insolvent,
action when INSPECTION in aid

satisfaction Courts 350 bars

debts

of the

of the

Colony
a

in bankruptcy

matters,

insolvency plaintiff's

suit, 359

JOINDER,
of in

see Misjoinder 16 plaintiffs,

and

Non-joinder

113 et sef., see Documents of documents, of property or bv Court thing concerned

any

suit,
of 403

192

documents,

not

allowed

against Government,

INTEREST
discretion
on

joinder embarrasses, 17 separate trials when of defendants, 18 same of parties liable on contract, 21 of action, 32 of causes and of trustees, executors, administrators, 427 administratrix of married executrix, of husband or
428 of claims in summary suits for

of Court

to award,

207 208

decree

payable by instalments,

debt,

475

INDEX

TO

CIVIL

PROCEDURE

CODE.

583

JOINT JUDGE

OWNERS distress definition evidence Court

JUDICIAL
one

COMMISSIONERS transfer of suits, 12 (ii) of list of documents to be prescribe form in suits, 133 (ii) produced make rules for sales by public auction in execution of decrees, 288 (iv) scales for judgmentprescribe subsistence debtors, 332 of summons scale of prescribe form and costs in suits on negotiable summary instruments, 471 amend in from Penprocedure appeals to First Class Magistrates, 544 (ii) ghulus to be used, if those in third prescribe forms schedule not suitable, 603 make declare rules what for
assessors

by

of, 533
2

may may

order

of,
of

witnesses

to

be to

taken take with

orally in open
down

may may may

by, 182
where unable to

procedure
188 power may of

evidence,

successor

deal

pronounce 198 of 289 sa'le,

judgment

written

evidence, 189 by predecessor,

in

indemnity JUDGMENT definition for

of, in respect of

errors

proclamation

may may

of, 2
not
one

foreign, when
or

conclusive,
or more

may may

in

cases

of to

salvage,
quasito

against

of

final, in claim
on on

and

set-off, 88
150

joint parties,19 (ii)

etc., 604
shall be deemed be

admissions

of fact, 132 at iirst

judicial and hearing, 151,

fixed for 174 where Court

non-judicial

acts, 614

(ii) by
any

agreed
Court 152 Court

issues,
may
may

when when

pronounce

vested in Judicial Commissioners powers make be exercised rules, etc., may two. 615 in 10
causes

pronounce final disposal, 151 when party to a suit refuses

to to

on

day

JURISDICTION
as

to

matters

issue

in

previously

instituted

to

give evidence,

English, 199 signed, 200 added or to, 200 of Lower it shall contain, 201 Court, what of grounds certificate of, to be given to
be written dated be be and
not to

in

of Civil

suits, 5 Courts,
several shall

of action

are no

altered

return if
cause or

plaint, if
of action if defendants

joined, 32 (iii) jurisdiction to

not
are

try, party
if local

or

did

arise
not

within

limits,
local

dwelling
to be

applying,
to state shall
on

2U1
on

within each

decision

issue, 202
470
on

jurisdiction reversed
578
on

not

with decree, 203 agree stated for opinion of Court, cases Judicial referred Commissioner's Court 588

limits, 48 affected, decree or appeal for error

of Judicial Judicial
no

not

irregularit}',
on

of in

point

reference

to

Court

Commissioner Conxmissioner

appeal,

see

by Lower Appeal
see

Court,

arrest

before,

Arrest Attachment

question of, 591 of revision by Court question of, when

arrest
or

on

attachment review

before, see

attachment of

appeal lies, 592 for, COS outside, procedure

necessary for ends

nf judgrnent be made, 594 when application may 595 whom to to be made, appUoation form of application, 596 grant of or rejection of application, 597 before notice to opposite party grant, 597 (ii) provision as to new evidence, 597 (ii) 598 order of rejection not appealable, objections to order granting application, 598 for procedure restoring rejected application,
598 when 599
no

JUSTICE inherent 612 powers Court

of,

LABOUR

CODE under pcKons 296 execution. (iii) of under in 344 not affected

rights

by

sale

in

rights of persons
LAND claims which may
mesne

insolvency proceedings,

(iii) granted,
Court to made re-hear case,

appUcation

be

joined

in suit

for

recovery

application to review for review, 600 of, 2

to to

order

on

tion applica-

JUDGMENT-DEBTOR definition may may 208 instalments, when of payment 223 (ii) made, attachment of property of decree for of, in case 260 specific movables, of property of or attachment imprisonment of, in case for specific performance, of decree 261 of decree imprisoimient of, resisting execution

apply

apply

decree by pay issue notice

decree

profits in suit for, 209 for, see Execution Tenant Tenancy, see LANDLORD, in distress suit, 523 as plaintiff satisfied before for be property of claim rent, to 537 be removed, attached in execution may
execution of decree LAW

of, 30 of payment

question of, may by issue, 466 judgment tliereon, 470

reference LEGAL to Court of

agreement (ii)
Judicial

be

framed

as

Commissioner

on

319 examination and order

question im-prisonment arrest, 325

326 LEGAL LESSEE

of, 586
2

of,

in

execution

ADVISER definition may appear

of decree
Court
may

of,

as

Advocate

for Government,
see

decree-holder examination Court may may

may

may summon, of, 327

REPRESENTATIVE,
may

396 (ii) Representative

interim make order, 327 may be unless warrant discharged

(vi) issued,

distrain

against under-lessee,
summons,
see

535

327

(vii)
be committed to civil prison, 328 be ordered to pay 328 (ii) by instalments, not to operate satisfaction of imprisonment as debt, 329 be discharged certificate of satisfaction may upon of debt, 330 default of decree-holder compensation on to give certificate of satisfaction, 331 subsistence of judgmeiH-debtor Judicial Commissioners scales prescribe may for, 332 method of payment, 332 (v) shall be deemed costs in the suit, 332 (vi) release

LETTER substitution LICENSED LOCAL LOWER

of, for AUCTIONEER,

83

Auctigneer

INVESTIGATION commissions CIVIL definition

for, 381, 382 COURTS of, 2

9

portions of the Code applicable to, 4 Enactment, jurisdiction of, subject to Courts define, 10 local limits of. Resident may where suits in, shall be instituted, 12
Judicial 12 may may refer Commissioner may of of law to transfer Judicial to suits sioner, CommisJudicial

in,

(ii)
question
586

judgment-debtor 609 illness,

of

on

account

of

refer question 591 Commissioner,

jurisdiction

584

INDEX

TO

CIVIL

PROCEDURE
MOVABLE

CODE.

M MAINTENANCE of property MALAY STATE service MEMORANDUM of documents of evidence of appeal, 547 of objection to of objections remanded MEBITS if not MESNE not to be reversed affected, decree 578 or appeal for error irregularity, PROFITS definition of, 2 claim be joined in suit for land, 30 for, may to stated in be amount approximate plaint, 41 Court Court to be mode amount 381 MILITARY MEN suits by and against, 406-410 authorize to sue may persons service service execution MINOR
on on on

PROPERTY"

(coH".)
of

under

attacliment,

rules Court

for, 268 of, 608

of

summons

(icnfederaCed) issued by
to be filed with 187

attachment of, to meet exijenses for delivery of, 206 decree attachment of, see Attachment of Decree sale of, see Execution what

witnesses, 158

is, when
303

attached

to

immovable for sale

property,
of, 511

plaint, 49

of witnesses, decree

(ii) perishable, interlocutory (ii)

on case

order

to

by respondent, Court finding in Lower by appellate Court, 572

567

N NEGOTIABLE INSTRUMENTS

joinder of parties liable on, 21 suits on, when lost, 52

decree for endorsement

of, how

executed,

262

of, 271 sale of, in execution, 297 delivery and transfer of, after sale,300, 301 procedure in suits upon, 471 summary
attachment when defendant
some

(ii)
may decree

of, with interest, 209 determine amount of, 210 may assessed executing decree, 254 by Court of executing decree for, 258 payment

where decree

only

leave shall have of defendants

to appear, 472 to get leave

defend, 473 for part of claim, 474 joinder of claims, 475 improper
power power of Court of Court to set aside decree in, 476 to order bill,etc., to be deposited of of

of,

may

be

ascertained

by commission,

or

defend, 406,

407

so authorized, 408 person officers and soldiers, 409

in Court, 477 of noting non-acceptance of cost recovery dishonoured bill, 478 procedure to Courts application of such

Magistrates,
410 NEXT of FRIEND consent

480 added of 24 (iii) plaintiff, mind, see Minor

of warrants for sale in

in cantonments, lieu of partition

429

of,
or

to

be

as

request

by,
be

386

(iii)
off

minor

person

unsound

must sue by next friend, next plaint filed without file,430 when who

NON-JOINDER to be taken suit not to abate of, 23 by reason to be taken, 27 objections to, when of plaint for, 44 rejection or amendment NON-JUDICIAL Judicial be made next receive deemed may friend
or

friend to

defendant, guardian
Court,
may

appointed

by

431 next

ACTS Commissioners to be, 614 done to declare what shall be

be

applications
friend
or

friend, 432 behalf on of, to guardian, 433

order 433 made

by

next

be

by

Registrar, 614
O

discharge
next next

of

without not to

guardian,
friend without friend
or

(ii) guardian

money

OATH

of Com-t, 434 not to guardian compromise without leave of Court, 435 retirement of next friend, 436 removal of next friend, 437 on or stay of proceedings retirement, removal, death of next friend, 438 of guardian for the retirement, removal, or death suit, 439 leave
or course

by
OBJECTION
as

wliom
to

to

be

administered

in of

affidavit, 196 parties,27

non-joinder

or

misjoinder
185
279

to question put to witness, of property, to attachment to finding to admitted OBSTRUCTION to execution, OFFENCES
see on

et seq.

by appellate Court, 572 application for review, 598

issues framed Execution with of Decree order for 128

to 440

be

followed

by,

on

attaining majority,

failing to
where

comply

production
for

or

procedure
desires uiu-easonable 442

co-plaintifEattaining majority
suit, 441
suit may be of sale

inspection
in under

to repudiate
or

of documents, contravention of
warrant

provisions

sales

improper

dismissed,
deceased OFFICIAL of persons ORDER

procedure
of minor
to

where

of distress, 530 cliarge of certain offences 602

requires

guardian provisions
MISJOINDER

representative
443 to 414

investigation,
RECEIVER

judgment-debtor,
as

minors

apply

in

case

appointment
definition

of, 518 of,

on

of unsound

mind,

of jiarties,suit not to abate by reason objections to, wlien to be taken, 27 of claims, 33

of, 23

service obtained

of, 85
behalf be
" "

of

minor
133

without

next 5 15

friend included to be made ORIGINATING suits

on

may

discharged,

rejection or of parties
MONEY

amendment
or causes on

of

of plaint for,44 not action, decree

on

in

reversed

appeal
state

account amount

of, 578
in

decree for puri)oses review is final, 600 SUMMONS trusts

(ii) of appeal,

plaint
decree

must

precise

for, 41 (ii) order interest,207 for, may modes of paying under decree, 221 decree liow for, enforced, 257 attachment of decree for, 274
MORTGAGE claim under may be included in suit of for

definition of, 2 I'elating to exi)ress estate, 481 an order for immovable persons
to to to bo

or

administration of movable 483

of and

administration

property,
served with

482 summons,

relating relating

questions of construction, 484 new trustees, vesting orders

in Court, 485

and

land,
sold to

30

funds

attachment

rights of, against

certificate
money

sutjject to, 283 iirocceds execution, J'.(6 bv, 3il.t

property

in

ot.lier appHcations by, 486 bound to order not Court wliich iiuiy be made orders
summons

administration,
on

487
188

applications,
before

authorizing judgment-debtor

raise

to

be of

served

eiglitdays
time when

return,
not

489

MOVABI,E suit

r"R()['KI!TV
for compensation instituted,13 for wrong

appointment
to, where
to be served service

new

summons

within

time,
490

480

of summons,

INDEX

TO

CIVIL

PROCEDURE

CODE.

585

PLAINT" PARTIES

in suits
ou same

joinder of, liable

when
one

contract, 21
defend
on

in of all, 22
22

sue or may application to be made Court dismiss or may

behalf
a

in in who

of, by appearance recognized agents 35, 36, 39

to appear in

suit, (ii) party add, 2-t agent or solicitor, 34 of process service of, and on,
to
or

(foni.) by corporation, 411 suits by or against firms, 414 interpleader suit, 460 suit upon negotiable instrument, summary
may may be

171

PLAINTIFF

joined

as,

16 17

separate
Court
no

trials wlien substitute be

joinder embarrasses,
or

add,

24

person

by by

solicitor to

on

day

may may

fixed, 94 be orally examined questions, 110

be ordered

to person 24 (iii) may deems

or more

added conduct

without of suit

his to

consent,
as

Court

as

material

Court

give

such

it

consequence 174 rules

as

112 in person, to appear of refusal of party to give evidence,

one

25 proper, of several for him,

causes

may of

authorize

any be

other

to

act

26

when witnesses

several

action

may 41

joined

to

apply to,

175

by, 32 suing
failure when in he

right

to begin

death of, see joinder of executors agreeing to state PARTITION of immovable

by, 179 Death

and
case

representative character,
to

(iii)

426 administrators, for Court's opinion, 466 commission 424

property,
Firm

for, 385

PARTNER,

see

suits between PARTNERSHIP suit PAUPER suit by, 445-458 for

co-partners,

dissolution

of,

212

explanation
what suit contents

may

of pauper, not be

445

95 fee for issuing summons, bring fresh suit, 97 99 only plaintiff appears, procedure where 101 fails to appear, where plaintiff procedure fresh suit, 102 bar" decree against by default of several, 104 of one more non-attendance or when ordered, lOG failure of, to appear right to begin by, 179 death of, see Death by marriage of, 358 female, suit not abated insolvency of, 359 withdraw-al suit, 362 of, from

of,

pay

may

brought

by,

446

resident for

out costs

of

Federated
369

Malay

States, security

447 of apphcation, application to be presented

448 in person, of applicant, 449 rejection of application, 450 of pauperism, notice of day for receiving evidence examination 451 at hearing of application, 452 procedure if application granted, 453 procedure 454 dispaupering, costs of, 453, 455, 458 failure of application, 45G procedure on be fined or imprisoned, 456 plaintiff may tion, applicarejection of application bars subsequent 457

minor, on POSTPONEMENT,
when

from, attaining
see

majority, 440, 441 Adjournment

or

solicitor

refuses

is

unable

to

answer

questions at first hearing, 112 after first hearing, 153 (iii) 154 either party fails to produce evidence, when under attachment, pending of sale of property investigation, 279 (ii) of decree, 292 of gale in execution
of sale PRINCIPAL and of land
to

enable

judgment-debtor
304 between, 213

to raise

amount

of decree,

agent, suit for account

SPECIAL case, value 467 power of to state

objection by respondent appeals by, 584

PATiMENT into Court 156-158 of money for

in pauper

appeal,

567

interpleader suit by agent against, 464

PROCEEDINGS,

special
expenses of

for

Court's must be

opinion,
stated,

witnesses,
where

466

subject-matter

instalments, 208 under decree, 221 to decree-holder out of Court, 223 of coin or currency 277 under attachment, notes for movable 298 sold in execution, property for immovable in 30G execution, property sold of subsistence 332 of judgment-debtor, of amount of satisfaction of claim, 365-368 of thing claimed in interpleader suit, 461 of funds in Court, originating summons relating to, 485 of money under interlocutory order, 514 of proceeds of distress, 532 of sale under warrant PENAL Offences CODE, see PENDINGSUITS SUITS, see by
PENQHULU'S COURT

of money of money

numbered as suit, 468 to be filed and jurisdiction,469 parties to be subject to Court's hearing and disposal of case, 470

agreement

PROCESS service service who

may

of, of,

on on

recognized agent,
solicitor, 38 agent appointed

36

to accept, 39 be of party issuing, 84 of, to be at expense service of, generally, see Summons of, 612 of Court to prevent abuse inherent powers service PROCLAMATION

requiring
PROHIBITORY PROMISSORY

absconding

witness bv

of sale in execution

to attend, 1G4 (ii) public auction, 288, 290 Attachment

ORDER',
NOTES,
be

see see

Negotiable
defendants,

ments Instru21

appeal
PLAINT may 14 to to suit
to

from,
be

544

(ii) parties to, may

joined

as

retm-ned

wlien

proceedings
not within

stayed,

PROPERTY

because be be amended amended

all defendants where when

jurisdiction
24
one

defendant suit

added,
to

(iv)
cause

confined

immovable, see Movable movable, see CHARITIES, PUBLIC COMPANIES,

PUBLIC PUBLIC OFFICER definition attachment

Immovable

Property Property
Charities

see see

Corporations

of action, 33 to be commenced written

by, 40
41

of,

2
"

be
not

in English,

in of ground presented time, to shew 41 (v) exemption, to be signed and verified, 42, 43 rejection or amendment of, 44-47 when barred not from rejected, plaintiff presenting fresh plaint, 47 it shall be when rerurued to be presented to the Court, 48 proper rirocedure on admitting, 49 production of documents wlien plaint is filed,50 in suits by Government, subscription of, 390 in suits against Government, 397 to be endorsed,

if

indemnity
289

of salary of, 270 in of, for error behalf 399

ou

proclamation
not

of

sale,
liable

acting
contracts
no

on

of behalf from

Government of Government
on

personally,
made security

by,
553

400

required of,
2

appeal,

PUBLIC

PROSECUTOR be to to ordered send evidence to 347 and 603 documents

definition may Court

prosecute

dishonest

judgment-debtor,
certain

relating

"

charges to,

586
PUBLIC EECOED

INDEX

TO

CIVIL

PROCEDURE

CODE.

REGISTRAR" may

(conz.)
perform
act 614 which may be

entry in, produced in evidence, 137 (ii) PURCHASE MONEY, see Payment PURCHASER of which movable actual seizure is property, made, to be deUvered to, 300 of immovable property, deposit by, 305 for payment in full by, 306 time procedure in case of default by, 307 apply to set aside sale, 311 may of purchase re-payment to, 313 money certificate to purchaser, 314 behalf of others, bar to suit against, buying on
315

done

by

missioner, Com-

examine may REGISTRATION order for 275 RE-HEARING of suit decided notice in 108 of appeal 566 REJECTION of plaint, of written of documents of memorandum of appUcation heard be dealt

witnesses, 614
OP with TITLES of immovable Section 68

attachment under

property
of Enactment,

to

(iii)
ex

writing
ex

parte, 107 to be served

on

opposite party,
of respondent,

parte

in absence

delivery of
delivery 317

immovable

property

to, 316
of tenant,

to, if property

is in occupancy

see

Plaint 89 inadmissible for in evidence, 135 of appeal, 549 review of judgment, 597

statements,

QUASI-JUDICIAL
Judicial be deemed
mav

ACTS to declare what shall be RENT to be, 614

Commissioners done

claims decree

for

arrears

of, may

be

joined

with

suit

for

by Registrar, 614
and
answer

land,
may 185 claim

30

QUESTIONS
when

particular question any be taken 184 down, to, when executing

to Court of to be taken 254

objections
for Court reference

down, 184,
of fact
or

for payment of, in suit for land, 209 for by landlord to be satisfied before property attached in execution be removed, may 537

decree,
on

question

law

by

Address REPLY, see right of, in appeals, 561 REPRESENTATIVE what 41 must be

agreement

parties, 466

alleged by
execution

plaintiff suing

as,

R RAILWAY

(iii) application for

of deceased to be attached
or

against representative judgment-debtor, 242 (ii)

salary of servant
written how RANK consent 265

of, not
of

without to

when

Resident 270

Secretary

Resident,
attachment

made,
of persons 601 be

exemptions
appearance, persons RECEIPT
to

of,
on

from

personal
601

of, may given

examined

commission,
141 of

be be

for returned

document,
sale

to RECEIVER

given property

by

holding person in execution, 298

of

movable

pending
share

transfer sold

negotiable
301
ct

instrument

or

in execution,
seq.

(iii)
in

ill case of insolvency, 339 order appointing to be duties in may

case

pubhshed

Gazette,342

of, 342
of insolvent 359 plaintiff, aside abated
or

application made, notice to shew to cause issue, 246 question as to who is, in executing decree, 254 execution of decree against representative by attachment of deceased's property, 255 of deceased be representative plaintiff may made party to the suit, 353, 354 abatement of suit made where apphcation no in withby representative of deceased plaintifl six months, 355 in case of dispute as to who procedure 356 is, of deceased defendant, 357 to aside abated dismissed apply set or may suit, 360 (ii) in suits by or against firms, 417 to be of representative, if guardian appointed minor, 443 534 issuing distress,

REQUEST
dismissed

apply
360

to

set

suit,

letter

of, to

examine

witnesses, 380
Court, 387

(ii)

generalltj
when

expenses RE-SALE of movable

or

of, to be paid into property property

local rules under limits for sold

appoint, 515 may of Court fee to grant power rents or profits to, 515 to give security, 516
accounts 516

Court

commission

on

of RESIDENT may

immovable define make

in execution, 298 sold in execution, Civil

307 10

of Lower maintenance

Courts,
movable

of,

to

be

submitted

as

Court 51G

directs,

may written

of

liabilityof,
enforcement RECORD Court may

for

default

or

negligence,
duties, 517

of receiver's

official, appointment
send

of, by llesident, 518

attachment, 268 for attachment of, necessary salary of public officer, 270 consent written for attachment of, necessary liroperty in custody of pubhc officer, 273
consent

property

of of

for, 142
to be

may

make

rules for

as

application to send for, 142 (ii) affidavit,

REFERENCE of

supported

by
may authorize 396 to endorse

to local

persons

to

whom

missions com-

investigations
to act for

shall

be

issued, 381
persons the

State,

question
Court

of law 586

to

Court

of Judicial

sioner, Commispower may

(ii)

Lower

decree contingent on pass may decision of Judicial 587 Commissioner, mitted to be transjudgment of Judicial Commissioner to cost power Lower

plaints in suits against the State, 397 of decree of, to direct payment against the State, 404

notify
instruments

in

which summary be may

Courts suits

of
on

First

Class

Court,

588 Court

Magistrates

negotiable

of, 589 making

maj' may RES

brought,

480

to of alter, etc., decree reference, 590 of question of jurisdiction, 591 REGISTER of civil of of

appoint exempt

official receivers, 518 from certain persons 601 to try suit, 6 7

pci-sonal

appearance, JUDICATA when Court not in

suits,49 (v) applications for execution, appeals, 554 (ii)

Assistant

243

(iii)

case

of foreign judgment, OF

RESPONDENT,
REVIEW
2

REGISTRAR includes may

Appeal see JUDGMENT,

of
no

see

Judgment
in
cases

Registrar,

REVISION and

perform acts, 614

non-judicial

quasi-judicial

by

Court which

Judicial

Commissioner

in

592 appeal lies,

INDEX

TO

CIVIL

PROCEDURE

CODE.
(co?".)

587

RIGHT to begin,
on

SERVICE"

provisions

as

to, 179

of notices

appeal, 561
of expenses of witnesses, 156 of maintenance movable property 288

postage
if
summons

BULKS for scale for under

to 98

and orders, 85 for, how chargeable, 86 unserved and plaintilT fails for a year suit dismissed, apply for fresh summons,

as as

268 attachment, to sales in execution, to issue 381 of commissions

if

summons

unserved,
summons

Court

may

direct

(iv)
for local

second

to be

issued, 99

investigation,

of interrogatories, of application

SALE of

114, 116 by judgment-debtor to be declared insolvent, 336, 337 of summons 397 in suits against the Government, of process in suits by or against military men,
406-409 of
summons summons

property
of Decree

in execution

of decree,

see

Execution

in suits against
on

corporations,

412

of property subject to 267 of under property

speedy

and

natural

decay,

of

partners

or

firm, 416,
of

418

attachment,

pending investigation of claim or 279 (ii) of immovable property in lieu of partition, 386 of distress, seized under of property warrant
530-532 of immovable when SALVAGE in suits 604 SAMPLES be stayed property, may appeal lodged, 552 (ii)
assessors on

postponed objection,

of originating summons, time and mode of SERVING summons, OFFICER of

483 service

originating

489, 490
summons

endorsement examination SET-OFF amount 88

of, when

by, 76 required,

77

terms,

particulars
form of of costs

of, to be of, to

stated be

given

in plaint, 41 in written

statement,
214 found to be

relating to,

may

be

summoned,

decree, when
against
219
sum

set-off

allowed,
or

admitted 244

due,
order to

interlocutory
SAJNITART BOARD

take,
to

512 be attached
or

of without to SHARE in

one

decree

against another,
see

SETTLEMENT

salary of servant
written how

of, not
of

of issues, 144-150,

Issues

consent
265

Resident 270

Secretary

Resident,
attachment SATISFACTION

corporation,
in execution,

sale

delivery

and

transfer

of,

to be

made,

297, 300, 301

SHOP-BOOK of attachment of money into when accepted

of decree, withdrawal of claim, by payment in

after, 276
Court, 365

production see SOLDIER,

SOLICITOR definition

of, 53, 137

Military

Men

part, procedure
368

by

plaintiff,

SCHEME of arrangement for management SECURITY

in

of public
cause

insolvency, 349 charity, 491

of action 170 with

of, 2 by, 34 of, to be in writing, 37 appointment of, revoked, 37 appointment

appearance

collateral,

one

obligation,

29 (iv) for appearance for costs, when for satisfaction 551

or

of process on, to sign plaint, 42 defendant to summons service lien

38 to appear

by,

55

of witness,

required,
of decree

369, 370 before stay of execution,

in execution
on

(ii)

restitution

not for SERVICE

of property taken appeal pending, 552 Government required from

on

in respect of payable 88 (ii) where there is a set-oft", of refusal inability to or consequence material question in suit, 112 SPECIAL Proceedings see PROCEEDINGS,

of, for

costs

decree,
answer

SPECIFIC
or

MOVABLES of decree PERFORMANCE

public

oflBcer

execution SPECIFIC decree

for, 260
261

appeal, 553 costs of appeal

on

from

appellant, 555

for, how
more

executed,
decree
one

attachment force STAMP

under than

for,
year,

not

to

remain

in

recognized agent, 36 on solicitor, 38 to accept service, 39, 70 on agent appointed defendant outside Federated on Malay States, leave of Supreme Court required, 63 leave for to obtain service outside procedure Federated Malay States, 64
of process of process when
may

2C1

(iii)

of, 45 rejection of plaint for insufficiency Government STATE, see

STATEMENT

written,
STAT

see

Written claim decree in

Statement

concise, of
of execution

plaint, 49

service be

outside 65 of

Federated

Malay
for

States service

affidavit

allowed, in support
Federated

of

application
70

outside
on on on

Malay

States, 66
business, 71
or

defendant

personally,
as

giant, 250 between pending judgment-debtor, 253

when Court may suit under
see

decree-holder

and

agent

or manager of ship master 71 (ii)

of defendant's

appeal,

551,

552

agent

of

owner

charterer,
72

Execution all

of Decree defendants friend upon to not resident 438 within

of proceedings
of immovable

on on

agent
male

in

charge

property,
73 74 to

where death

are

member served

person

family, to sign acknowledgment,

defendant be and refuses 75

of defendant's

14 jurisdiction,
on

of next suit reference

of minor,

l"rocedure
service endorsement examination substituted

where
or

accept

in

cannot of time of

found,
manner

summary 477 587

negotiable instruments,
Judicial

of service, 70

pending
of sale
of to enable 304

Commissioner,

77 serving-officer,

service, how effected, 78 where defendant resides within jurisdiction another Court and has no agent, 79 defendant in prison, 80 on where prison is in different district, 80 (iii)
service where 82 to be at expense of in the

defendant

to

raise

amount 551

of

decree,

in execution,

pending appeal,
SERVICE

STRAITS,
SUBSTITUTED method SUITS

see

Colony

Colony,
"

81 outside and has Federated

no

defendant

resides and

of, 78

Malay

States

Colony

agent,
84

party issuing

process,

pending, 5 to be instituted

in lowest

competent Court,

588
SUITS"

INDEX

TO

CIVIL

PROCEDURE

CODE.

(coH(.)

SUMMONS" in Lower

(foni.)

bo instituted, 11 in Supreme Court, where may shall be instituted, 12 in Lower Courts, where 12 (ii) cranifer of, by Judicial Commissioner, for

Courts to bo for final disposal, 59 sufficient time for service of, 60 defendant order shall to produce documents all and witnesses, 61, 62 service of, see Service be substituted when letter may for, in of rank, 83 persons if unserved for a year, suit to be dismissed, on witnesses, see Witnesses originating, see Originating Summons service of summons,
608

compensation
to

for wroucs, do not reside

13

power 14

stay

proceeilings

in,

where

defendants

witliiii

jurisdiction,
in

case

of

of Court remission fees, another Court, 15

where

instituted

98

parlies to
who may be

plaintiffs, 16
one or more

issued

in Colony

or

Malay

joinder of defendants, 18 judgment for or against

State,
of

joint-

SUPREME SURETY decree

COURT Code not

parties, 19 contract, 21 joinder of parties liable on same behalf of all in defend on sue or one party may same interest, 22 application to be made party to a suit, 22 (ii) joinder, nonof misjoinder or suit not to fail by reason
23 Court Court
no

portions of the

applicable to,
256

against, mode
on

of executing,

for defendant's

appearance,

of, liability

493 494

procedure

application for discharge,

may may

substitute dismiss
or

or

add

24 (i) plaintiffs,

TEMPORARY TENANCY termination 519 TENANT

INJUNCTIONS,

see

Injunctions
notice to

add

as to be added person without his consent, 24 (iii) conduct of suit, to whom given, 25

parties, 24 (ii) plaintilf or next friend

of,

on

expiration

of

quit,

time

frame
how

for objections of suit

to

to

misjoinder,

27

be framed, 28 whole to include claim, 29 afterwards reliefs omitted cannot 29 for

be

sued to

for,
be of

(ii)
of

recovery

land, only
30 where

certain several

claims

in occupation property delivery of immovable of, after sale in execution, 317 interpleader suit by, 464 suits against, for distress, 523, see Distress before satisfied to be rent claim for against be rein execution moved, attached property may 537 distress by evading selling goods liable 542 TIME removal
to

joined with,

of

value in, aggregate action, 32 (iii) iiuuilution of suits to

on

goods,
to bond

541

causes

distress

fide purchaser,

be

commenced

lost

by plaint, 40, see negotiable instruments, 52

Plaint

enlargement
TOWAGE in suits 604

of, for doing

assessors

any

act, 611
may be

disposal of of, on plaintifffailing to pay fees for service, 95 9G neither dismissal party appeare, of, where fresh suit brought, 97 suit may be restored or a dismissal plaintiff fails within of, when year after summons to apply for fresh simimons, returned unserved, 98 101 defendant dismissal of, when only appears, decree fresh suit barred, when against plaintiff by default, 102 at first hearing, 151 et scq.
dismissal

relating to,
see

summoned,

TRANSFER,

of suits by Judicial of interest, pending TRIALS

Conveyance Commissioner, the suit, 361

12

(ii)

separate, when separate, where

TRUSTEES suits

joinder
several

may
causes

17 embarrass, of action, 32 (ii)

by

and

against,
summons

426-428

originating

relating to, 481,

U

485

hearing of, 179

general
when suit has of
no

et seq.

abated

or

been

dismissed

on

account

UNSOUND

MIND 386 in liou of partition,by pei-son of, (iii) relating of, provisions of sections 429-1 i;i, minors, to apply, 444, see Minor for sale

or insolvency of parties, brought, 360 withdrawal from suit by plaintiff, 362 limitation law not affected by withdrawal, 363 of suit, 364 adjustment dismissal of, on failure to find security for costs,

death,
fresh

marriage,

request
persons to

suit to be

370

VERIFICATION
see

by by by by by

Paupers see paupers, and against the Government,

and and and

ment Govern-

of plaint, how contents

and

by

whom

made,

42

by and

against corporations, see Corporations against firms, see Firms istrators, adminagainst trustees, executors, and
426-428

of, 43 to be signed by the person of written 92 statements,

W WARRANT for arrest for execution of for arrest of arrest
arrest

making

it,43

and of unsound against minors persons mind, see Minor by and against miUtary men, see Military Men suit, see Interpleader interpleader of parties, 466-470 on agreement ments, instrunegotiable procedure on by summary Instruments Negotiable sec 491 relating to public cliarities, SUMMARY
on

of absconding witness, to of decree, when

164

(iii)

issue, 218

judgment-debtor,

325

judLrnieiit, 192 for outside jurisdiction, C05 of distress, sec Distress

before WIFE decree

PROCEDURE

for, may
358

be

executed

by

or

against

band, hus-

negotiable
Instruments

instalments,

see

Negotiable
WITHDRAWAL of

SUMMONS when not to whom it may to be signed and sealed, 55

to be

from plaintiff not affect for

suit, 362

and

be

issued, 55
appears and

does WITNESSES
summons

limitation,363
final

issued

when

defendant of

disposal by
Court

to

direct

production
issue,

claim, 55 to be accomnanicil by ropy 56 statement,

admits may be cither to settle

of,

62

plaint or
or

of concise for final

may
summons

be 147

examined to attend

before

framing
or

issues

and

give

evidence

produce

disposal, 59

documents,

155

ENACTMENT

NO.

18

OF

1918.

An

Enactment the

to

Commissions

as a repeal and re-enact of Enquiry Enactments,

Federal 1907.

Law

Arthur

Young,
President

of

the Federal

Council.

4th

[29th August, September, Malay

1918.

1918.]
States

It
in

is

hereby
as

enacted follows Enactment

by
:
"

the

Rulers

of

the

Federated

Council 1.

Short

title,

(i) This

may

be and

cited
shall

"

as come

The into

Commissions force
on

of
the

commencement,

Enactment, Enquiry publication thereof

1918,
in the

"

Gazette force
shall

(ii) Upon

the

coming

into

of this be

Enactment

the

Enactments

specified
(iii) All

in

the

first schedule

repealed.
any Enactment

Commissions which
are m

issued force
at

under
commencement

hereby
Enactment

repealed
shall 2. be

the

of this
this

deemed

to

have
it

been

issued
to

under the
any
or or

Enactment. Commissioner that

Issue

of

(i) Whenever
is

appears

High
matter

Commissions.

information Public Service of

the

necessary in any

concerning
of its branches States

Federated
may issue to

Malay
a

relating to the affecting the good government of any the of them, High
his

Commissioner
one or more

Commission Commissioners

under
to

hand into

appointing
and

persons
matter.

be

enquire

report

upon

such

(ii) When
them shall be

more

than
as

one

Commissioner of the

is

appointed,

one

of

named

President this

Commission. may be
in

(iii) Commissions

under

Enactment
such
case

the

form and

given

in

the
as

second may
in

schedule,
any

with

additions,
appear
time to in

variations,

omissions 3. persons The

particular
may

necessary. time
case

Power
or

to

ailfl

High
named
or

Commissioner
in any

from

add
any
or

to

the

siil)stitute

such luider
or

Commission,
this refuse
a

and

Commissioners.

person

appointed
desire to

added

Enactment
or new

shall

die

resign
to
act

or

be

discharged
may

become

incapable
in

the

High
and

Commissioner all the

on

appohit
duties shall
or

Commissioner
Enactment

his

place,
and

imposed
the 4. under of the

powers Commissioner a
so

and

by

this

conferred and

be

exercised

performed

by

Commissioner
The his

added

appointed.
from
time the to time

Enlargement
time.

of

High
hand

Commissioner
on a

may

by
for

endorsement
the execution

Commission

enlarge
the
time

time

Commission,
or

whether

for

the

execution

thereof

has

expired

not. 690

COMMISSIONS

OF

ENQUIRY.

591

5. (i) The
under his

Commissioner
or

or

Commissioners hand
at
a

hand

under
him
or

the

of their
time

may President

by summons require the

mentioned
within the

Attendance witnesses.

of

attendance
in such Federated material to and the

before
summons,

them,

of

Malaj^ States
to the

person any whose evidence matter

and place to be residing or being is in his

or

their

subject
as

of the
him
or

enquiry and
them necessary

bring

and

produce
he

before
or

may all such books,

judgment require him

papers, purposes

documents

they

think

for the

of

enquiry.
(ii)Every person
so

named

Commissioner papers,
or

or

Commissioners
as are

and documents

accordingly attend before the shall produce such books, him his of and in are required possession
and

shall

power

according to
any he

the

tenor

of the

summons.

6. (i) Whenever Commissioner

in another
or or

person be

summoned
in

to

attend
is

before

such found

Remuneration to witnesses

Commissioners shall not and

until

State,

any bound

State
to

residing or
before has been
the

residinsj

in

attend
sum

missioner Comanother

State.

Commissioners

reasonable loss
or

tendered

to him

for his expenses

case

probable
as

injury,if any.
so on

(ii)In
difference
the

of

difference

to

the

amount

tendered,
as

the

and
sum

may to shew person in making an

be settled
cause

by why

the

Supreme
he should matter due
or

Court
not

summons

order

in the

the

appear shall Court

the

against requii'ed ;
what

direct

should

be

allowed,
the

the

person sustain by

and

having probable loss

State.
or

regard to injury, if

circumstances which he

of may

any,

leaving his

7. The

Commissioner

Commissioners
him
or

before to every person examined under this to be enquired mto

necessary they thmk
so on

may them
;

administer

an

oath

Examination witnesses.

of

touching
but oath

the

matters not he be
or

Enactment

it shall unless

for him
fit so
;
or

or

them
or

to

take

evidence before

upon him the

to do

unless

expresslydirected
to state

by
or

the Commission

to

do

oath

examined all persons bound not, shall be legally

and

them, whether
truth.
this Enactment at
Powers in

8. If any
is served his usual

by

whom summons person upon any the deliverythereof to him

under
or

by

the

leaving thereof by
him the
or

^^^^^^
faUini or refusing to attend, be
"^"'^"'

place of
missioner at the

abode reasonable
or cause

{a)

fails without

(to be allowed
before the

Comthem
or

Commissioners)
and

time

place

to appear mentioned in not

answer

summons,

does refuses to be sworn or {J)) him to are touching the put

into

such

matters
or

directed

to be
or

questions as enquired
allowed

by
or

the

Commissioner

Commissioners,
cause

(r) refuses
the shew

fails without
or

reasonable

(to be
to

by
and
such

Commissioner
to the
or

Commissioners)
or

produce
any

Commissioner
document
or

Commissioners
in his

paper,
as

book,
the

bemg

possessionor
appears to be

power
sary neces-

to

Commissioner

Commissioners of the matters

for
into the all

arrivingat by them,
or

the truth

enquired
powers may in

Commissioner

Commissioners
any

shall
as

have

the

same

respects touching

such

person

the

Supreme

Court

by

592
law
or

No.
exercise for

18

OF

1918.

against any refusingto be sworn

books,
that
or

person to or in

for

making
suit

default
or

of appearance

give evidence
any
or

for not
in

producing
such

papers,

documents
this

pending

Court.
exercise

Provided

the Commissioner
in section
answer

Commissioners

shall not

granted against persons refusing to produce or refusing or failing without first rejiorting the to books, or documents High papers, in his or the case which renders Commissioner their opinion the exercise of such and obtaining the sanction of the power necessary High Commissioner.
jiowers
or

of the any be to sworn

refusingto

Indemnity
witnesses.

to

9. (i) Any
this Enactment

person who
a

examined
in the

as

witness of the

in

an

enquiry
or

under missioners Comunder his

opinion
true

Commissioner

makes in the

full and he

disclosure
shall

touching
a

all the
certificate has

matters

respect of which
hand of the made civil
been

is examined

receive the

President
a

stating that
true

witness
as

upon

examination

full and

disclosure

aforesaid.
any time matter

(ii)If any
instituted which
he has

or

criminal
witness

proceeding
in

is at of

thereafter

against such
so

respect
the the

any

touching
which
such of the
to

examined,
shall
on

tribunal

before
and

proceeding
such witness

is instituted

production
incurred

proof
the

certificate stay the

any

proceeding
which

and

may

in its discretion

award

costs

he may

have

by

institution

of the

proceeding.
evidence taken
in
a

No (iii)

under civil

this Enactment
or

shall be admissible

against
except
this
Commissioners

any person in the case of

any witness

who

false evidence
Enactment.

before

Commissioners

proceeding whatever, of having given may conducting an enquiry under

be accused

criminal

public servant, and enquiries to be judicial proceedings

to

be

under the Penal Code.

shall, appointed under this Enactment Every Commissioner such is be a he be deemed to as as Commissioner, acting long the the of within Penal and servant Code, meaning public every shall be deemed to be a judicial enquiry mider this Enactment Code. proceeding within the meaning of the same
10.
so

Bervice process.

of

11. under
such

Every
this

process
Enactment had

issued shall

by
be

Commissioner served
a

or same

Commissioners
manner as

in

the in

if

process States.

been

issued

by

Court

the

Federated

Malay

First ENACTMENTS

Schedule. REPEALED.

COMMISSIONS

OF

ENQUIRY.

593

Second FORM To Whereas

made

Schedule. COMMISSION.

OF

{Names of Commissioners.)
it is into

expedient that a full enquiry should forthwith state subject or of enquiry and ichether \Jiere subjects Service in as relatingto the Public of its branches or as affecting any the good government of the Federated Malay States or both].
be

Now,
to make

and appoint you therefore,I do by these presents authorize I do state subject or : And a full enquiry into subjects] [here

by
such

these

presents

persons, necessary
to

give to being within

for the have

judge
and you
as

call for and deem

:

Malay States, as you shall of making the aforesaid enquiry, purpose access to, and requirethe production before
books, documents,
to examine witliin papers, mtnesses

full power you the Federated

to

call before

you

any

of, all official and

you may

other

and
on

records,
oath
or

expedient, and
I direct that
you

otherwise of this several

the

And

months

after the
your

date your the

Commission
This

proceedings and
:

to me, certify opinion and your

do

under

hands,
on

recommendations
in full

premises
froin time

Commission

shall continue
shall may not be

proceedings thereunder
to time, and you

continued
to time

force, although by adjournment

if you
shall
see

from

time

complete report, certify your shall be respectivelyperfected: proceedings as the same And other persons I hereby require all Government Officers and whomsoever within the Federated Malay States to be assistant
several to you,

without fit,

waiting for your

full and

and

each

appoint you give power,

assistance to execute
as

of these presents : And I of you, in the execution I the and do of be President to Commission,
your

at

discretion,to procure
be

such

clerical

or

other

may

absolutelynecessary
and seal at

for

enabling you day

of

duly

this Commission. under

my

Given 191...

hand

this

High

Commissioner.

in"

38

ENACTMENT
An

NO. further
are

23

OF

1918.

Enactment

to

make

Coins Subsidiary
Aethur

wliich

provisionwith tender. legal

9th

regard to

Young,

[29th August,
Federal Council.

1918.

President Whereas
that
a

of the
The

September, 1918.]
1913,"
it is

Preamble.

by
tender

"

Legal
payment
any

Tender of

Enactment,
money in

of
in

the the

Federated
third

provided Malay
to the

States,
the

if made

coin

specifiedin
to

schedule

Enactment, shall, subject Enactment, be a legaltender :

And whereas
the the coins

said

the

provisions of
said
are

said

subsidiary coins,
It is

in the specified particularswhereof

third
therein

schedule

are

prescribed : Malay
States

hereby
as

enacted follows

by
:

the

Rulers

of

the

Federated

in Council
Short
commence-

title and

1. This

Enactment

may

be

cited and

"

as

The
come

Legal
into force

Tender
on

ment.

(Supplementary) Enactment, 1918," publicationthereof in the Gazette,

2. The be

shall

the

Substituted

particularsof
for the
to
"

the

coins
issued

set

forth

in

the

schedule

hereto

partioulars
of certain

shall, as respects such

substituted schedule
third

coins

subsidiary
coins.

day of April,1918, in the corresponding particularscontained The 1913." Enactment, Legal Tender

after the

27th

594

LEGAL

TENDER.

595

ENACTMENT

NO.

28

OF

1918.

An

Enactment of

to
on

authorize

the and

receipt
the issue

from of War

the

Moneys

Deposit

piilihc Savings

Certificates.
Arthur

Young,
President

[29th August,
Council. 28th

1918.

of the Federal
that

March,

1919.]
for
that

Whereas the such

the

it is desirable investment may

further
mth the

opportunity
Government,

be

afforded
in
war

local

of moneys be
is

order

moneys

available
now

for

the
:

purposes

of the

in which

British
is

Empire
enacted follows

engaged
the Rulers

It
in

hereby
as

by
:
"

of

the

Federated

Malay

State?

Council 1. This

Short
commence-

title

and

Enactment

may

be

cited
come

"

as

The

War force

Savings
on

Certificates

ment.

Enactment,
thereof 2.
at in the

1918,"
Gazette.

and

shall

into

the

publication

Sums dollars

of

fifteen be

The

Chief

Secretary
or or

to

Government

may

cause

to

be
other

received

may the

such

deposited
with

post

offices

other without

public
the to

offices Federated
amount

and

at

such

places,
as

whether

wdthm

Malay
as

States,
think

he in

Government.

apj)oints, deposits
sums

of money

such

he

may

fit

of

fifteen

dollars States

each,
with
as

repayable
interest at

by
the

the

Government of five

of

the

Federated from 3.
Depositor
receives War cate Certifi-

Malay
date
For

the

of
every

deposit,
sum

hereinafter fifteen
time

expiration provided. deposited

to the

years

(i)
to

of
at the

dollars of

under

Section

there

shall

be

issued
a

Savings
for dollars.

twenty

be termed of the

War

the
to

part
the

Government of such

cate, depositor a certifiSavings Certificate, containing a promise on States of the Federated to Malay pay

deposit

bearer

Certificate from
the

on

demand,
of the

at issue

any

time

after

the

expiration
tiic
sum

of five

of

twenty
War

years dollars.

date

of the

Certificate,

(ii) The
Chief either
or

Savings
to

Certificates
may

shall
approve

be

in

such shall
to

form
be

as

the

Secretary by
the

Government

and

cated authenti-

the

by

fascimile

approved
4.
Payment
amounts

by

signature of the of such signature High Commissioner.

secured

Chief
or

Secretary
such
manner

Government
as

in

may

be

The this date

of due War cates. Certifi-

amount Enactment the

by

every

War the

Savings

Certificate of five

issued

under the

shall, after thereof,

be

under

Savings

of
and

issue

expiration payable to the

bearer

from years thereof on

demand, Kuala Chief

Office the Post at at presentation of the Certificate, which the other at place or Lumpur, Ipoh, or Seremban, any in the Gazette Secretary to Government by notification may

appoint.
596

ENACTMENT

NO.

32

OF

1918.

All

Enactment Federated Schools.

for

the

Incorporation
States of the

of

the

Visitor

in

the

Malay

Christian

Brothers'

Arthur

Young..
President

[29th
the Federal Council.
nth

August,
October,
known
is in

1918.

of

1918.]
French
in

Whereas
as

the Institut

Society
des

of

the

Christian des and

Ecoles

Brothers Chretiennes
in the

the

Freres

engaged
Peninsula
institutions

English Education promoting and for that and Archipelago

which
are
"

Charity
has

Malay

purpose

established
The

carried
:

on

under

the

style

of

"

Christian

Brothers'

Schools And

whereas

the in the the

said

Society

of Christian

Brothers which
are

is

of certain
in

lands of

Federated persons
:

Malay
and

States

possessed registered
names

the

name

several hereto lands

corporations

whose

appear And
are

in the
vthereas

schedule the

of the called
the

said

Society

of Christian

Brothers

managed
visit

by
the

person

Brother

Visitor Schools
office

having
in the the

authority
Federated Reverend
:

to

and

inspect Byrne

the

Christian holder

Brothers' of the known said

as

Malay
James And
on

States,

present

Joseph
whereas

(generally

Brother for

being James)
the better
the

it is considered

expedient
said his

carrying
James

the

financial

business such
:

of

the and

Society
successors

that in

said office

Joseph Byrne as be incorporated

It in is

Visitor

that

should

hereby
as

enacted follows

by
:
"

the

Rulers

of

the

Federated

Malay

States

Council 1. This

Short
commence-

title

and

Enactment Visitor
on

may

be

cited

"

as

The

Christian and

Brothers' shall
come

ment.

Schools into 2.

Incorporation
the

Enactment,
thereof
in

1918,"
the
his

force
The in

publication Joseph
of
Visitor

Gazette. for States the

time

The the

Visitor Federated States Christian

in

said
the

James
office

BjTne
in the

and

successors

being
of

Federated
as

Malay
of
"

of the

Malay
the Brothers' Schools

Christian shall
be
be a
a

Brothers'

Schools,

duly qualified
and
shall of and the shall may

hereinafter
name

provided,
The

to

body

corporate

by

the

Visitor Schools
"

body

corporate.

in

the

Federated

Malay
and the

States

Christian and from said

maj'

Brothers'
have to

have

perpetual
seal,

succession,
said
anew

and time may enter to

use

corporate

seal
as

time

break,
seem

change,
fit ; and
contracts

alter, and
the

make

to is

the

said
to

corporation
vary,

hereby

corporation to empowered
the
same,

into

and

cancel,

alter, and
698

rescind

acquire,

CHRISTIAN

brothers'

SCHOOLS

VISITOR

INCORPORATION.

599

and immovable purchase, take, hold, and enjoy movable property and to and sell, transfer, assign, surrender description, other%\dse dispose of and deal or yield up, charge, demise, re-assign,

of every
with

any

movable

or

immovable terms
as

property
to the
sue

vested

in

the may

said
seem

corporation upon
and fit, may

such

said

corporation
be

lend money,

and

may

and

sued

in all Courts

of

Justice. 3. As Enactment all such

such the

be after the conveniently may passing of this vesting of property. in the schedule hereto shall execute specified persons instruments other of transfer and instruments and do all
soon as

the

things
Federated

as

may

be

necessary

for
The

transferringto
Christian

the

Visitor

in

Malay
and and
said

States

of

Brothers'

Schools

hereby
schedule
in

constituted
hereto

the lands situate

which

the

incorporated the lands specified in the Registrars of the Registration Districts shall each in are respectively situated
in his District
or on

respect of the lands

fees such register

payment
manner

of the

proper their

transfer

instruments

in the

prescribed
said Visitor

by law in that behalf and make vest custody as will effectually in the Federated States Malay
and thereafter
the Visitor in

such
the

entries said

in the in

registersin
the Brothers'

lands

of the
the

Christian

Schools

Federated
purpose

Christian with
any Enactment

Brothers' of the and for the

or

Schools said of lands

for the
shall

of any
to the

subject
for
to

any

Enactment

of the Malay registered dealing the provisions of this time being in force

States

providing
absolute

o\\Tier

of title registration proprietor thereof. and other

be

land

be

deemed

to

be

the

4. All deeds, documents, of the said

instruments Avith the

requiringthe
seal

seal said

use

of the seal.

corporation

shall

sealed

of the

corporate

of the said James Joseph Byrne or his corporation in the presence of the authorized by a power attorney valid within attorney duly the his for the in of Federated States or successor Malay presence the in in said office of Visitor Federated States time the Malay being his attorney duly authorized Schools Brothers' of the Christian or shall also be signed by the said James aforesaid and as Joseph his aforesaid or his said successor as attorney so authorized B;yTne or aforesaid : and for the time as being or his attorney so authorized the sufficient that evidence such signing shall be and be taken as is the said seal was duly and properly affixed and that the same lawful seal of the said corporation. 5. No
person shall in the

be deemed

to be
m

successor

of the

said James States shall

successive office of

Joseph B}Tne
of the have under Christian caused
the

office of Visitor

the and

Federated
until such

Malay

vislror.

Brothers'

Schools

unless

the

hand
Brothers

of attorney, obedience, or power and seal of the Superior General laio\^Ti in French
as

other

person instrument

of the des be

Society of
Freres des
filed in the of

Christian Ecoles
office such shall named office

the

Institut

Chretiennes,
of the Chief shall filing
be therein is

constitutinghim
in

such

Visitor, to
and
a

Secretary to have appeared

of the
a successor

Government the

notification

Gazette. and

Such
that

notification
the

sufficient evidence of
the

appomtment
said James

of the

Joseph

B\'rne

person in the
in

of

Visitor

said

Christian

Brothers'

Schools

the

Federated

Malay

States.

600

No.

32

OF

1918.

Schedule.

Natiire

of

Title.

Plan

No.

Acreage.

Registered

Name.

A.

R.

P.

STATE
Kinta

OF
5 2

PERAK.
38
'

Certificate
752

of

13,820

The

Director

in

PenauE?
Institution

of

Title No.

St. Xavier's and

successors

in office

Kinta
Title Kinta Title

Certificate
No. 546

of 12,798 of
2 2

20

Do.

Certificate No.
544

12,799
of

30

Do.

Kinta
Title

Certificate No.
521

12,621
for
95-6-11

0 0

0 2

01 34
I

Do. Brother James Director

in

Larut Land

Grant No.

2,025

Penang

of St.
or

Xavier's
sors succes-

Institution

his

in office

Larut

Certificate
733

of

lot

sQ.

FT.

The

Director

in

Penang

of

Title No. Larut

Title

695

1,800 1,800 1,800 1,800 1,800 1,800 1,800 1,800 1,800 1,800 1,800 1,800 1,800 1,800
1.800

St. Xavier's Do.

Institution

Certificate No.
734

of
696

Larut

Certificate
735

of
697

Title No. Larut Title No. Larut Title No. Larut Title No. Larut Larut Title No. Title No. Larut Title No. Larut Title No. Larut Title No. Larut
Title

Do.

Certificate
736

of
698

Do.

Certificate
737

of
699

Do.

Certificate
738

of
700 of 701

Do.

Certificate
739

Do.

Certificate 740

of
702

Do.

Certificate
816

of
319

Do.

Certificate
817

of

I
of

320

Do.

Certificate
818

321

Do.

Certificate No.
819

of
.322 of

Do.

Larut
Title

Certificate No. 820

j
324
'

Do.

Larut

Certificate
821

of 325 of

Title No.
Larut

Do.

Certificate
822

Title No.
Larut

I
of
'

326

Do.

Certificate
823

Title No.

327

1,800

Do.

CHRISTIAN

brothers'

SCHOOLS

VISITOR

INCORPORATION.

601

Nature

of

Title.
;

Plan

No.

Acreage.

Registered

Name.

A.

R.

r.

STATE

OF

SELANGOR.

Grant

for

Land

No.

5,822

I0

26-5

! The i
St. and

Director

in

Penang
Institution

of

4,373

Xavier's his

successors

in

office Land Grant No. 472

0 1 22

1,831

Do.

STATE

OF

NEGRI

SEMBILAN

Grant 2,411

for

Land

No

581

15

The St. and

Director

in

Penang
Institution

of

Xavier's his

successors

in

office Grant for Land No. 3,655

0 1 24-8

The

Director

of

St.

Joseph's

7,491
Grant for Land No.
SQ. FT.

Institution,

Singapore

1,362

82-4-14

2,000

Do.

ENACTMENT
An Enactment
"

NO.

34

OF

1918.
witli amendments law

to

repeal
Forest

and

re-enact

The

Forest and

Enactment,

1914/'

being

the

relating

to

Forests

Produce.

Arthur

Young,
President

[26th December,
the Federal Council. 9th

1918.

of

January, Malay

1919.]
States

It
in

is

hereby
as

enacted follows

by
:
" "

the

Rulers

of

the

Federated

Council

PART

I.

PRELIMINARY.
"

1.
Short
commence-

title,

(i) This
and

Enactment shall
come

may into

be force

cited
on

as

The

Forest

Enactment,
thereof in the

ment, repeal,
and

1918,"
Gazette.

the

publication

savings.

(ii) Upon

the

coming
in the

into

force shall

of
be

this

Enactment

the

ments Enact-

specified
(iii) All
and rules
Enactments

schedule

repealed.
and under licenses which
were

appointments
which
may

made,
in

powers
as

authorities
any and in

conferred,
of the
issued

be

force and

law all

provisions permits
force

hereby
Enactment
to not to the

repealed, hereby
commencement

under

any

repealed
of
with the

ately immediso

as

prior they are

deemed

this

Enactment of this issued

shall,

far

inconsistent have
been

provisions
and

Enactment,
under this

be

made,

conferred,

Enactment.

Interpretation.

2. the
"

In

this
or

Enactment,
context,
land
"

unless

there

is

something

repugnant

in

subject
Alienated

means

land
behalf

in

any

State
Ruler

sold, leased,
of such State

or

otherwise consideration
as
"

disposed
of the
be

of

on

of

tlie

in

payment
;

of rent

and

of such

premium,

if any,

may

required
"

Cattle
asses,

includes

also and
means

elephants,
goats
a

buffaloes,

horses,

ponies,

mules,
"

pigs, sheep,
mark
agency
means
"

Classification

mark
it has

placed
been

on

timber
;

to

denote

its

origin

or

the

by
any

which

handled

"Collector" Land
"

Collector
;
"

duly

appointed

under

"The

Enactment,

1911

"

Deputy responsible
of

Conservator
to

includes
or

any the any

forest Resident

officer for
a

directly
tration adminis;

the

Conservator

to
or

the

the

forests

of the

whole
602

i)art of

State

FOREST.

603
reference
may duties
case

"

District
whom

Officer
the to

"

includes, with
of such
any

to

any

State,

person
Gazette

Resident

State
the

appomt

perform

of the
in

by notification assigned to a
of districts

any in the

District

Officer there
"

by
no

this Enactment, District offence

;
"

and,

in

which

is

Officer, the
means an

Collector offence

Forest

punishable
under

under

this

Enactment
"

Forest to be

officer
a

"

means

any

person

appomted

this

ment Enact-

Extra Deputy Conservator, Deputy Conservator, Extra Assistant Conservator, Conservator, Conservator, Forest to discharge any Guard, or or Forest Ranger, Forester

Assistant

function
"

of

forest officer under

"

this Enactment

Forest

produce
forest

mcludes found say,

in
or

(a) the

following when
"

brought

from

reserved

that

is to

shell-sand, and peat, rock, sea-sand, sea-shells, guano, surface soil ;

{h) the

following when
or

found
"

in

or

brought
say,

from

reserved

forest

State and

land

that

is to
or

(1)

trees

all

parts
;

produce

not

heremafter

mentioned

of trees

(2) plants including climbers, creepers, and all parts or produce of such plants ; (3) tusks,
edible

grasses,

and

horns,
birds'

silk
nests

cocoons, ;
m

honey brought
land
"

and

wax,

and

and
or

(c) the

following whether
land,
or

found

from
is to

reserved
say,

forest, State

alienated

that

timber, firewood, charcoal, getah, get ah of bark, damar, wood-oil, bark, extracts
"

taban
and

leaves, atap ;
in
is

Judicial

enquiry
of the
an manner

"

means

an

enquiry
and

which which

is

legallyheld
the

the

presence in recorded Code

"

accused

person

in

evidence

in force

for the
"

time
a

prescribed by being ; Magistrate of

a

the

Criminal

Procedure-

Magistrate

means

the

first or

second
to

class ; denote

"Property
have has
or

mark"

means

mark
or

that, after all purchase money

been will

placed on due royalties

name

timber
to

the

Government
is

paid,
have

the
a

person

in whose

such
timber every

mark
;

registered
forest
12

right of property in the

means,

"Reserved declared
or

forest" be
to
a

and

includes
the

part of
a

to

reserved
a

forest under
forest
or

provisionsof Section
forest
the
reserve

declared
the

be

reserved
any this to be the

constituted
in force

under

provisions of
or

Enactment

in

Federated

Malay
the
time

States

any

State of

of the

Federated

Malay
which

States
not

prior to
at

commencement

Enactment,
a

shall

the 25

being
River
or
"

have

ceased
or

reserved

forest under
any other

Section
Enactment

of
;

this Enactment
"

under

provisions of

includes artificial ;

also streams, canals, creeks

and

other

channels,

natural

604
"

No.
State and
not

34

OF

1918.
which

land
be

"

means

all lands

have

not

been

and

not been may

hereafter
may which
or

reserved

not

for any public purpose have which or hereafter be leased or granted to or are not
be

may not and

hereafter

lawfullyoccupied by
commencement may
on

all lands become

breach

at the

any person of this Enactment

and

includes have of any

may
reason

which

hereafter conditions
have

become which
or

forfeited
same

by
be

of the
or

the

have lawful
land

been

lawfully
to
;

occupied
the
"

which

been
are

may

hereafter the
to

surrendered thereof

State
The

wherein State
therein
"

they
means or

situate

by

owner or

with
any land
;

reference

any

interest

matter

whatsoever

incidental the Resident"

right or any thereto the

means

State

in which

such

is situate

and

"

the

Resident
"

of that
"

State

Timber all wood

includes

trees, when
or or

they

have

fallen
or

or

been
or

cut

down,
or

and of

(includingsevered
of bamboos for any
of purpose
or

fallen

roots

stems

branches

palms
"

or

canes) whether
not
;

cut

up

or

fashioned

hollowed Tree

out
"

includes

palms, bamboos,
PART

stumps, brushwood,
II. FORESTS.
any

and

canes.

RESERVED
Tower reserved forests. Notification of proposal constitute reserved to
a

to

3. The
manner

Resident hereinafter

may

constitute

land

reserved

forest

in

constitute

provided.
shall

4. Whenever

it is

forest, the Resident

proposed to publish in
as

constitute
the Gazette

any
a

land

reserved
"

notification and

forest.

(a) specifying as nearly such land, and

possible the
to

situation

limits

of

(6) declaring
reserved
Proclamation

that

it is

proposed
been

constitute

such

land

forest. has

by

District

Otticcr.

published under Section 4, the places in the vicinityof he may elsewhere the said land, and deem as expedient, a proclamation in the English and Malay languages, and in such other languages in any the Resident case direct, as particular may
5. When
a

notification

District

Officer shall

publish in

convenient

(a) specifying as
the forest

nearly proposed
the

as

possiblethe
substance

situation
;

and

limits

of

for reservation

(b) settingforth
section
;

provisionsin

of the next

following provided,
the

(c) explaining the

will
ensue on

which, as consequences of such the reservation

less than of has
who

hereinafter forest ; and months

from

{d) fixinga period of not of the publication

every person

three

date

such

who
or over

of

such

forest,
or

proclamation, and requiring objection to the reservation any claims to exercise riglitor any
of the such to

in j)rivilege

present
written

to

such

part any officer within

said

forest, eith(H' to
as

period
of such

aforesaid him
within

notice

specifying,or

a})pear

before

such
or

period and privilege.

state, the nature

right, objection,

606
10. If the Resident
any

No.
shall

34

OF

1918.
it

Acquisition
alienated reserved for inclusion

of in

consider
or on

lands forest.

reserved

forest

land

leased

expedient to include in a granted to, or otherwise lawfully

behalf
a
"

occupied by,
cause

any

such

land

person, he may to be acquired as Part

such

of the Land

Ruler

of the State
in accordance

for of

public purpose
The

with

the

provisions of
include

VII land

Enactment,
of such

1911,"
reserved

and

thereafter

within

the limits

forest.
Abandonment of proposal to
reserve.

11.

(i) The
a

Resident

may,

at any

time

before
a

notification
any

under reserved such

Section

12, withdraw

from

publicationof proposal to constitute

the
a

land

forest.
is determined
on,
same

(ii)When
be
same maimer

withdrawal the
District the

published by

Officer, in the

in which

announcing
abandoned, On (iii) Section
Notification

that

proclamation under the proposed reservation

such

proclamation shall places and in the Section 5 was lished, pubhas been

the

6 shall

publication of to apply cease

the

proclamation
land.
have

the

provisions of

to such

12.

(i) When
the

following events

occurred

"

namely,
and
all

declaring

reservedforest.

(a)

Section 5 (d) has elapsed period fixed under such made mthin and if claims, objections any, and of the have been Resident, disj)osed by if any, to which
acquu'e

period
for

(") All lands,

reservation

be the

included Resident
Part that

in the

forest under
"

proposed
Section Land vested

has,
VII of
Enactment

10,

elected

to

under

The

ment, Enactin the

Ruler the Resident

1911," have under of the State,

may,

with
in

the the

approval
Gazette
a

of

the

Chief

Government,
limits
to

publish
from
a

notification

of the forest which

date

it is intended

to reserve,

Secretary to specifying the declaringthe same

the

be reserved

fixed

by

such

notification, mentioning
in

conceded and privileges rightsadmitted and statingthe specialconditions, if any, thereof.

respect

of the

said forest

governing

the reservation

forest the date so fixed such forest shall be a reserved (ii)From and shall, together with all the produce thereof and things found to be to be the property of the Government, therein, be deemed raamtained and controlled by the Conservator, subject only to the and rights,privileges,
Publication notification of

conditions of the fixed

naentioned district in

in

such

notification. such under the forest

is

13.
situate

The

District

Officer
the date

which

prior to operation
thereof.

shall,before
the

by

the notification

Section
manner

12,

cause

said the

notification

to

be

published
5.

in

prescribedfor
Extinction of

proclamation

under

Section

ri";hts not
claimed.

14. When the notification prescribed by Section 12 has been in claim has been made no ])ublished, rights in respect of which of the District Officer under Section 5 (d), to the refpiireincnt response and of the existence of wliich no knowledge has been acquired by from the date therein enquiry under Section 7, shall be extinguislicd with the approval of the fixed ; provided that any such rightsmay, Chief Secretary to Government, be enquired into and dealt with in

FOREST.

607
three order the

the years made

manner

provided by
the date

Sections

from
thereon

fixed

7,8, and 9 at any time within by the said notification, and any
in the
manner

shall be under

published
5.

prescribed for

proclamation
15.
the held The

Section
may,

Resident under

within

five years

from
a

the

date

fixed

by
be

Further

notification

Section

12, direct

that

further

enquiry

DXrkit wncer.

by the District Officer and, with the approval of the Chief by notification in the Gazelle, rescind Secretary to Government, may, or modify any orders made under Section 8 or Section 14.
16. and
any The

Resident,
the

after such

with
time

either

approval wholly
a a

of the Chief
or

deem enquiry as he may necessary Secretary to Government, may at

commutation of

Hght"'"^''

in

part
under
or as

(a)

commute

right
money

admitted

Section for
a

or

Section

14

either for able

payment,
or

similar deem such

right exercisejust ; right, either right-holders provided for in

that

elsewhere,
in
or

otherwise the Gazelle stated

he may
any

{h) by notification permanently

shall

annul

for

period,where
to

the

have
9
or

failed to submit
to abide in

the

control

Section

by

any

order made
annul

under

Section
any

(c) by notification

the

Gazette

permanently
who
or

such shall

right of any person or body of persons have failed for a continuous period
to exercise

which

exceeding

five years

the

same.

Eescission and such deem necessary enquiry as he may at ^iviieges'and approval of the Chief Secretary to Government, may in the or Gazette, rescind time, by notification modify any conditions. any condition conceded under Section 8 or any governing the X^rivilege

17.

The

Resident, after

and

with

the

reservation 18. No

of

forest. shall
the

person

be
__

entitled

to
._

compensation
^-

in last

respect
^

of

claims

to
"''*

anything
sections.

done

under

provisionsof either of the two

preceding barred?^*

19.

No

right

of any

reserved

forest except

descriptionshall be acquired in or over under contract or a grant or by succession

the
sanction in whom of the such

Acquisition
reserved

of

in

forest

writing made by the Resident, with to Government, or Secretary by some such the power to create or right,was 12 was under Section published.
20.

Chief

person vested when

right,

the notification

Notwithstanding anything herein contained, no rightadmitted ferred 14 shall be transunder Section 8 or Section or privilegeconceded of or otherwise, sale,lease, except mortgage, by way grant, with the authority of the Resident.
21.
sanction
m so

Prohibition transfer of

of

riglits and

privileges.

Any

forest officer may

''--"-

from
"^

time

to

time, with
-

the

^irevious
^

Power way
or

to stop
course water-

of the
a

Resident, stop
forest ; another way

reserved

public or private way any provided that for the way

or

or or

course watercourse water-

in reserved forest.

stopped
or

water-course

of the

Resident,

provided

equally constructed by
is

convenient

the

forest

which, in the opinion already exists or has been officer stopping the way or

water-course.

608
Acts in
a

No.

34

OF

1918.
Section

probibitCLl
reserved

22.

Subject
forest

to

the

provisions of

24,

no

person

shall in

reserved

forest.

(a) trespass,

or

pasture cattle,
tree

or

permit
any
;
or

cattle to trespass ;
or

or

(6) fell,cut, ring,mark,

otherwise
any

lop, or tap
or

tree,

injureby
tree
or

fire

or

timber

(c) cause
or

damage by negligencein felling any any dragging any timber ; or

cutting

lime or charcoal, or search stone, burn (d) quarry or manufacturing process, subject to any forest produce or minerals ; or

for, collect,
remove

any

(e) clear

or

break

up

any

land

for

cultivation

or

any

other

purpose.
Prohibition to fire.
as

23.

Subject to
or

the

provisionsof

Section
fire
a

24,

no

person

shall kindle,
or a

keep,
without forest.

carry
a

leave any or fire, reserved forest,in such any

within burning, whether to endanger such manner as

Acts from and

excepted
Sections 3'.".

19, 22, 23, 3S,

24. Nothing in Section 19, 22, 23, 38, prohibit or render punishable
"

or

39

shall

be

deemed

to

(a) the

exercise, in accordance
Section
14

with

the

orders, if
under reserved
or

any,

made
8
or or

under Section

9, of any

to take

right admitted forest produce in a

19
;
or

Section

forest ;

(b) the
(c) any

exercise

of any described

right created
in Section the

by grant

contract

in the

manner

act

done

with

permission in writmg
under this Enactment

of

forest officer

expressly empowered permission.

Power declare
no

to

grant such

to forest

longer

25. (i) The Government,

a

Resident,
may,

reserved.

date

to

be

fixed

with the approval of the Chief Secretary to by notification in the Gazette, direct that from by such notification any reserved forest, or any
cease

portion thereof, shall

(ii)From
cease

to

be reserved.

the be

date

so

fixed but

such

forest

or

portion
which

thereof have

shall been

to

reserved,

the

rights, if

extinguishedtherein

shall not

revive

any, in consequence

of such

cessation.

PART GENERAL PROTECTION

OF

HI. FORESTS AND FOREST

PRODUCE.
Power rules to make for

26.
of
a

Subject to
may,

protection of forest produce.

State

by

rules

the existing legalor customary rights, the of Chief approval Secretary to operative within such State, any with the

Resident ment, Govern-

(a) regulate or

prohibit the kindling of prescribe the precautions to be spreading of fires ;

fires taken

on

State
to

land

and the

prevent

(b) regulate,by licensingor

otherwise, or prohibit the felling, cutting, ringing, marking, lopping, tapping, or injuring of any trees or by fire or otherwise timber, the sawing,

conversion, and

removal

of

timber,

and

the

collection

FOREST.

609 produce
is be
or

and
in

removal
the
case no

of
such

other

forest
now

provided
may except to

that
be

of land land

which license

hereafter

ahenatcd
owner

shall

issued
;

the

of such

or

with

his consent

(c) regulate or
and the

prohibit the
burning of

manufacture
;

of

extracts

of

bark

charcoal

(d) regulate the produce ;

(e) prohibit any
and
make

sale, purchase, storage, or

free grant of forest

dealmgs
it
an

in

specifiedlands
to

of forest

produce
;

offence

be

found
other

in

possessionthereof
for

(/)prescribethe produce, and

other

fees, royalties, or
the
manner are or

payments
such

forest

in which to be

payments
transit

fees, royalties, or in transit or levied, whether

;

partly in
rule

otherwise

and
the

with (g) prescribethe penalties

which

contravention

of any

made
such 40 any

under

this

section not

shall be exceed

that

penaltiesshall
;

punishable, but so those prescribed by

local
area

Section and
the may

exempt

operation of any
(i) Subject
in any act to

or any person or class of persons rule made under this section.

from

27.

the

proviso
this

to

paragraph (6) of
shall be of any deemed

this section,
to

Acts

done
or

by

nothing
(a)

rule under done

in in

Part

prohibit

right

by

any

the

exercise
a

mission under

writing of

forest officer
to

this Enactment

right or with the perexpresslyempowered such permission ; grant

subjects^f the
R'^ie'^-

(6) the

from with the State land or, cutting and removal from alienated land by permission of the owner, Malay subject of any of the Rulers of the Federated any other forest of any timber, atap, or Malay States the construction be for which or produce, necessary may abode of for the of a dwelling-house permanent repair of temporary his family, for the construction himself and huts on and the fencing of his own land, for the upkeep to of his fishingstakes and landing places,for firewood for the be consumed or by himself for domestic purposes, for the construction common or upkeefi of any work born of his mukim in benefit of the Malay inhabitants that the Resident Provided the Federated States. Malay with the approval of the Chief Secretary to may, in rule Government, prohibit such cutting or removal by forest of form of all of produce or specified respect any forest produce in any specified locality. or any written

For (ii)

the

purposes

of this section

(a) "Malay"
who

a means belonging to any Malayan race person habitually speaks the Malay language or any religion ; Malayan language and professesthe Moslem

{h) every

Malay
Ruler

born

within States State.

State

which deemed

is to

one

of
a

the

Federated of the
Ill"

Malay

shall be

be

subject

of such

39

610

No.

34

OF

1918.

PART CONTROL 28. OF Resident

to

IV. PRODUCE IN TRANSIT.

FOREST of
a

Power

to make

(i) The
such

State

Chief triSitV^orett^
produce.

Secretary

Government,
or

with the approval of the may, make rules to regulate the transit of any

within

State, by land
in the under this
or

water,

forest

produce,
may to any

and

the

of timber floating
rule made any class of forest

rivers

of such shall

State, and
not

direct

that

section
to any

apply
area.

specified
the

produce

local specified

(ii)In particularand without such rules may foregoing power (a) prescribe the
be

prejudice to
"

the

generalityof produce
within

alone routes by which imported into, exported from,

;

forest
or

moved

may such

State

(") prohibit the import, export, collection,or moving of officer authorized from an a produce without pass
issue the the
same,
or

forest
to with

otherwise pass
;

than

in

accordance

conditions

of such

(c) provide for the issue, production, and

return
;

of such

passes

{d) fix
(c)

the

fees
case

payable
of timber

for such formed

passes into
a

in the

raft

or

fastened

to

the

shore, prohibit the

timber
on

loosening or
not the
or owner

the

setting adrift
thereof Government
or

of such

by
for

any

person

owner

not ;

acting
and

behalf

of such
the

of the

(/) provide {g)

establish taken

stoppage,

reporting, examination,
in transit
;

marking

of forest

produce
stations in

checking by the persons

realization
or

to

which

forest

produce

is to

be
or

charge
due that

of it for examination
to
a

for the

respect thereof thereto for the

the

of money in order

the

Government
may and

in affixed

mark

be

purposes

of this Enactment, forest

conditions

under

which removed

to, detained

at, and

prescribe produce is to be brought from, such checking stations ;

control of such

(A) provide
stations

for the
;

management

and

checking

{i) prohibit, absolutelyor subject to conditions, within specified establishment of sawmills limits, the or sawpits, the converting, cutting, burning, concealing, or marking of timber, the altering or effacing of any property marks
or

classification

marks
or

on

the

same,

and

the

of

marking
;

hammers

other

implements
and
or

used

for

possession marking

timber

{j) regulate the

of such

use

of marks
authorize such

for timber the refusal

the

registration
of the which the any for

marks,

cancellation time

of registration the

marks,
such

prescribe the
is to may hold

registration of
of such

marks which

number
one

marks

person,

and

prescribefees

for

good, limit be registeredby registration ;

FOREST.

611
licenses to

{k) provide for the marking hammers

licenses
;

issue

of

be

possession

of

and

for

the

payment
the shall

of fees for such

and
which

{!) prescribethe penaltieswith

rule that

contravention
be

of any

made such

under

this

section not

penaltiesshall

exceed

punishable, but so those prescribed by

Section 29.
is not deemed person

40. found adrift, beached, under

the

(i) Timber
in the
to

stranded,

or

sunk,

or

which

unclaimed
'" ^'^'

possession or
the his

the

control

of any

be

proj^erty of

Government
as

shall be person, and unless untU any

in this Part. officer may to
or

establishes

right thereto
be

provided

(ii)Such
person to such
as

timber

duly

may authorized
as

collected
this

under

by any Enactment

forest and
time

other

be
time

stations

stations

for the

may reception of unclaimed

the

Conservator

from

brought notify

timber. under
.

30.

Public (i) ^
'

notice shall

of all timber
.

collected

the

last pre^.

P"biic timber under

^^'^
'""

notice

of

collecteci ^^"

cedmg section be given by

under
this

from

time

to

time,

as

occasion

forest

officer

expressly empowered
a

may require, in that behalf

Enactment.
shall person contain

shall the

notice (ii)Such require any

description of
the
same

the

timber
his
one

and
to

claiming
within such
a

to

make than

claim month

Deputy
the

Conservator
on

from 31.

date

which
any such

period not less notice is given.

is made such his
as

(i) When
may,

claim

Conservator

after after

reject the
the

claim
to such

making recording
is

aforesaid, the Deputy either enquiry as he thinks fit,

for
so

c^"^'^"?i^h

reasons

doing
one

or

deliver

timber

the

claimant. claimed
either

(ii)If

timber

by

more

than

person, any

the

Deputy
persons to the

Conservator
whom he

may and

deliver thereto
timber

the
or

same

to

of such claimants
an

deems

entitled
retain the

may

refer the
the

Civil Court from Where

issued such
no

pending

receipt of

order 32.
notice

Court
claim

for its

disposal.
within
or

is made

the such

period prescribed by
claim has been in made the has other

Disposal
timber.

of

under

Section

30,

where
such

and

rejected, the
delivered
free
to

ownership
all another

of

timber
or,

shall
such

vest

Government
been person

free from from

person

incumbrances,
under
not to the

when

timber

person all incumbrances shall

as

Section
created
recover

31, in such

by

him.

33.
timber

No

be

entitled
until

possession
of any

of

any

Payment
claimant

to be before

collected incurred
has to

aforesaid

amount

reasonable

expense the timber

in

been

collecting, moving, storing, and paid by him to the forest officer or

same.

disposing
other person

of

^^'b|rf"^

entitled 34.

receive Resident to

the

The State

of

State

Secretary
such

Government,
and

with the approval of the Chief may, make rules for the regulation within
"

power rules and

to make
as

to

collection

of the

following matters disposal

;

namely,
of all timber mentioned
in

disposal

of unclaimed timber.

(a)

the

collection
29

Section

612

No.

34

OF

1918.
notices

(6) the
(c)
the

manner

of

publication of public
which section

under

Section

30;

penalties with
under
this

the
shall not

contravention
be

of

any
so

rule
that

made
such

punishable, but
those

penalties
40.

shall

exceed

prescribed by-

Section

PART PENALTIES 35.

arrest in
or or

V. PROCEDURE.

AND

Power
arrest

to

without

warrant.

without warrant or a police officer may of been concerned suspected reasonably having any person forest offence punishable with imprisonment for one month any refuses to give his name and residence upwards, if such person there is residence which believe to to be name or reason a gives

(i)Any

forest officer

false

or

if there

is

reason

to believe

that

he

\vill abscond.

under arrest this section making an shall, take the send arrested before or delay, unnecessary person officer in to the a or Magistrate having jurisdictionin the case the of station if the nearest is offence charge police or, compoundSection officer empowered able under under that 44, before an section to accept compensation.

(ii)Every

officer

without

Seizure

of

36. been

(i) When
committed
all

there
in

is

reason

to

believe

that

forest

offence

has

property the subject of, or

used in

together with
offence.

respect of any forest produce, such produce, tools,boats, carts, and cattle used in the commission
be

committing,
a

forest

of such

offence,may
officer such

seized

by
the

any

forest officer under

or

policeofficer.
section in which
so

(ii)Every

seizing any
or on

property
the
a same

this any, been

shall
it is

property, contained, a mark indicatingthat be, make shall, as soon as may

on

place

if receptacle, has

seized
to

and
the

Magistrate having
which where dealt under
cannot the
Presumption
that forest to the

jurisdictionto
has has

report of such try the offence

Provided
in connection exercise
some

seizure
on

account
case

of

the
such with

seizure

been
been officer

made. seized
in

that, in
with powers unknown to
a

property

an

any offence

by

forest
or

the

of

conferred
or

Section

44

committed

by

person to

who

be found,

it shall not

be necessary

report

Magistrate

seizure

thereof.

produce belongs

Government.

in any 37. When this Enactment or proceedings taken under in consequence of anything done under this Enactment a question arises whether to forest produce is the property of the as any

Government,
of the
Penalty
for

such

produce
until the the

shall

Government

presumed to contrary is proved.

Section

be

be

the

property
reserved

38. forest
"

Subject to

provisionsof

24, whoever

in

trespass or in damage
reserved forest.

(a) wilfullytrespasses, or trespass ; or

pastures cattle, or
in

permits

cattle

to

(6) causes
shall be
may

any
or

cutting

damage by negligence dragging any timber ;

offence

fellingany
to

tree

or

guilty of
to

an

and
or,

liable

on

conviction

fine wliich

amount

fiftydollars

when

the

damage

resultingfrom

614 (c) alters, defaces,

tree any officer ;
or or

No.
or

34

OF

1918.
any such

obliterates

mark

placed
of
a

on

timber

by

or

under

the

authority

forest

{d} alters, moves,

reserved
a

destroys,or
or

defaces land

forest

of any

boundary mark proposed to be included

any
on

of

in

reserved
an

forest ; offence and

a

shall

be

guilty of
to

liable
term

conviction

to

ment imprisonyears
or

of either
fine
Double or

descriptionfor
of any thereunder and before

not

exceeding two
this

to

both.
a

penalty
cases.

43. of any

If

breach

of the

provisions of
"

Enactment

or

in certain

rule made
sunset

is committed sunrise
;
or

(a) after

(") after preparation for resistance or legal process ; or any

(c) after
the such
Power iorest to

to

the

execution

of any

law

previous conviction convicting Court may inflict

a

of the double

offender
the

for

like offence

penalty prescribedfor
notification bj'' or by name by

offence.

44.
in the

(i) The

Chief

Secretary to
any

Government

compound
offences.

Gazette, empower
of his office,
to

forest

may, either officer,

virtue

(a)

accept
other

from

suspicionexists
than
sum an

any that

person he has

against
committed

whom
any

reasonable

forest offence, Section

offence

42,
of

of money for
to

specifiedin Section 41 or not exceeding fiftydollars

the offence
;

by
person

way is

compensation
have any property release the same

which

such

suspected (b) when

to

committed

and
as

has

been
on

seized

liable to confiscation. value thereof

as

payment

of the

estimated

by

such

officer ;

and
to

all
revenue.

sums

so

received

by

any

forest

officer shall

be

credited

(ii)On
as

the

payment

of such

sura

of money

or

such

value if in

or

both,

the

case

raay

be, to such

the officer,

suspected person, against

custody,
or

shall be
no

further

discharged,the property, if any, proceedings shall be taken

power

seized shall be released, and such

person

property. (iii) Any

sub-section
to Government
(Compensation for damage caused by
commission o( forest offence.

vested
at any

in

forest

officer

(i) may

time

be withdrawn
in the Gazette. of trees

by a notification under by the Chief Secretary

by
any

notification
person

45.

(i) When by
fire
or

is convicted

ringing, marking, lopping,or tapping

them

removing, felling, cutting, timber, or of injuring or

of this Enactment,
which

otherwise,
may,

in contravention to any
to

the
it

convicting Court
may the

in addition person
or

other to

punishment
Government
in

award,
offence

order
for

that

pay

the

such

compensation
was

eacli tree

committed,

not

piece of timber exceeding twice

respect

whereof

the value

thereof, as
it may, the

it deems

just.
the person of the offence committed convicted of another servant person, the convictingCourt
as

(ii)If agent or

unless

FOREST.

615
the commission of any
who to

after
the
or

hearing that
was on

other
a

person

it is satisfied that of his

instead

of

offence

not his

consequence

or instigation

neglect
mitted com-

default
the

part, order
pay

him,
the

of the

person

offence, to

compensation
of

referred

in subsection

(i).
46.
forest

(i) When

produce

any which such

person is not

is

convicted

forest

offence, all
and
in

Confiscation the property subject of, or used in

ot

the

property of the Government

has been

respect of which boats, carts, and

be

offence used

committed,
of such

and

all tools,

eommittin!?,

cattle

in the

commission

offence,shall
other

lorest

offence.

liable, by order

of the

convicting Court,
may

to confiscation. to

(ii)Such

confiscation such

be

addition

any

penalty

prescribedfor
47. When

offence. forest
such

the

trial of any of the

offence

is

concluded,
committed been

any

forest

produce
it is the

in

respect of which

offence

has been
or

shall, if

Disposal of produce the subject of a

forest offence.

property
to such may

Government
as

has
may

delivered
other
case,

forest officer be

the

Court
manner

confiscated, be order, and, in any

the Court
may

disposed
is

of in such

as

order. 48. been

(i) Where
committed

there

reason

to

believe

that
or

forest offence

has

Power

to take

by
in

person

who

is unknoMoi

cannot

be found, all
it has

property seized
been

respect thereof under

Section

36 shall, unless

possession of, and dispose of, propertj' the subject of, or

used in

disposed of under Section 47, be taken possession of, and may in that behalf be disposed of, by a forest officer expresslyempowered such the property but not under this Enactment no being property, ; of the Government, shall be sold or otherwise disposed of until the expirationof one month from the date of the seizure of such property without or hearing the person, if any, claiming any rightthereto and he may the evidence, if any, which produce in support of his claim.
of any (ii)When property under sub-section possession is taken the officer forest a notice so (i), taking possessionshall either cause thereof
to be way to be served

committing, forest offence, a

where unknown not found. offender
or

interested
which A

whom person any upon in the property seized or

he

has

reason

to believe notice in any

publish such

he thinks

fit.
a

49. behalf before

36 and

Magistrate,or

forest officer

under

may, contained, direct the sale of any subject to speedy and natural
as

this Enactment,

expressly empowered in that notwithstanding anything herein-

saie

of perish-

^ seized!"^^

proceeds
been

he

might

have

property seized under Section deal with the decay, and may dealt -with such property if it had not

sold.

50. under

(i) Any
Section
within

person 36 may
one

claiming
from

to

be

interested

in

property seized
made
in

Appeal
order
under
or

against
act 48. Section
or

(a)

month

the
a

date

of any

order

respect
46 to
or

46, 47,

of

such

property
47

by
an

Section

prefer
or

Magistrate under appeal against such

Section order

the

Supreme {b) within

in
one

Court,
month
of

from such

respect
48

Section of such

prefer an property to

or publicationof a notice forest officer under a by property the taking possession appeal against

the service

the Resident.

610 (ii)The
may
Vesting
Qovemment in the of

No.
order
on

34

OF

1918.
or

of the such order

46

be, made
When under Section
an

Supreme Court appeal shall be

for the
or

of the Resident,

as

the

case

final. of any property has been taken of any property

51.
made

confiscation

Section

possessionhas been

property
confiscated
or

under

48, and

taken

of. possession

(a) the

period limited by Section 50 for preferringan appeal against such order or such taking possession has elapsed such appeal has been preferred, and no or
an

(6) on

appeal against such order or such taking possession such order or such taking the appellateauthority confirms possession in respect of the whole or a portion of such
property,
or

such

property

portion,

as

the

case

may

be, shall

vest

in the

Government
to release seized withdiaw

free from

all incumbrances. forest

may

Power and

property charges.

Notwithstanding anj^thinghereinbefore contained, any Section 44 to compound forest offences officer empowered under
53.
at any

time 36

direct which

the

immediate
the

Section

is not

release of any property of the

in

property
Government

seized

under the

and

withdrawal
Prosecution,
who may conduct. a

of any

charge

made
any

respect

of such

property.

53. The

prosecution before
may
or

forest offence

be conducted
any

Conservator

by

forest

by generally,
that

the

Conservator

charged with a or Deputy officer authorized, either specially or in writing in Conservator a Deputy or
Court

by

the

of any person Conservator

behalf. All money,

or

54.
Recovery
of money due to the Government.

other
on

than
account

fines, payable
of the

to the any

Government forest

under
or

this Enactment expenses forest

incurred

priceof
when

produce
in

of

in the

execution

of this Enactment of fines.

respect of
in the

any

manner

produce may, provided by law

any

if not
for the

paid

due, be recovered

recovery

Charge
prodDce

on

forest

55.
section

(i) When
is

such

payable for,or
be taken
or

for money due to the Qovemment.

thereof

shall be deemed may

is referred to in the last preceding as money in respect of, any forest produce, the amount to be a first charge on such produce, and such

produce

Conservator

by
the

any

a Deputy or possession of by the Conservator forest officer authorized, either specially or or a

generally,by
in that

Conservator may

behalf
.

and

be retained

Deputy by him

Conservator until such

in amount

Avriting
has

been

paid

(ii)If the
sell the

said

shall be

paid when due, such forest officer produce by public auction and the proceeds of the first in payment of the amount due. ajiplicd
amount

is not

may

sale

The (iii) the date

to the

of the sale

surplus,if any, if not by the person

in

claimed entitled

within

two

months

from

thereto, shall be forfeited

Government. When
any person,

56.
Recovery
penalty
under of due bond.

compliance

with to

any

rule

under
any he

this
or

Enactment,
act
or

l)in(lshimself
any agents, will

by

covenants

by

any instrument instrument that

perform
or

duty
and
sum

he,
any

that the

his of

servants

and

abstain
as

from

act,
to be

whole in
case

mentioned

in such

instrument

the amount

paid

FOREST.

617

breach Section

of the
74 of from

conditions
the him

thereof

Contract
in
case

recovered

notwithstanding anything in 1899 Enactments, (Pahang, 1900), be of such in the manner breach provided
may,

by

law

for the

recovery

of fines.

PART FOREST 57. Chief

within

VI. OFFICERS.

(i) The

Conservator

of

Forests

shall

be

and shall have Secretary to Government the Federated Malay States throughout the provisions of this Enactment. Conservator
may to

appointed by the Appointment the general superintendence

of all matters

of

(ii)The
the
remove

from

time

to

time, with the approval of

and when Extra

Chief

Secretary
and
so

Government,
many

appoint
Extra

such

Deputy

Conservators,
Assistant

appointed Deputy
as

Conservators,
Forest
be

Assistant for

Conservators,

Conservators,
may

Rangers,

Foresters, Forest

necessary The (iii)

carrying out

Guards, and other officers the purposes of this Enactment.

and of all
in the with any

appointments
Conservators Resident

of the Conservator

Deputy

and

Assistant 58. Chief

shall be notified of
a

Gazette. the

(i) The

State

Secretary to Government, vnih. all or or specially generally,

exercised
within such

may, invest

approval

of the
to be
"

investiture

of

forest of this

officer,either
Enactment

^thcertaiT
powers,

State

axiy of the for the purposes

followingpowers,

namely,
(a) power
to

compel
;

the attendance

of witnesses

and

production
issued force

of documents

{h) power

to

issue

such
the
;

search Criminal

warrants

as

may

be
in

by
for

Courts the time

under

Procedure

Code

being
hold of

(c) power
the

to
course

judicialenquiriesinto such enquiries to receive

any

forest and

offences record

and

in
;

evidence

{d) power
and

to 27 to
;

grant

permission
notice 29
;

referred

to

in

Sections

24

(e) power

give public
under Section
take 48
;

under

Section

30

of

timber

collected

(/) power
{g)
and from
power

to

possession of and
sale of

dispose

of property

under

Section

to direct the

perishableproperty
any under

under

Section

49;
may, any with

the

like
m

approval, withdraw
vested
powers therewith

forest officer
or

said powers this sub-section.

of the

(ii)All
any

any

of the Federated

inclusive,of sub-section
part of the

(i)may

be

in paragraphs (a) to {g), specified exercised in by the Conservator

Malay
be

States.
to be

59. the

All forest officers shall

deemed

public servants

within

Forest

officers

meaning

of the Penal

Code.

ll^lnts. public

618
officers

No.
No
or

34
as

OF

1918.
agent,
of
trade in forest

Forest not

60.

forest
be
or

officer shall, become

or

principalor
in any contract

to trade.

produce
forest
or

interested in any

lease

forest

produce

for

or charge on any working any forest.

PART

VII.

SUPPLEMENTAL. 61.

Additional
power rules.
to

(i) In
of
a

addition State
make

to

the with
to

make

Resident

Government,
and purposes

may, rules

hereinbefore conferred, the powers the approval of the Chief Secretary to

out

carry

within

such

State

the

objects
the

of this Enactment.

(ii)In particularand without foregoing power, such rules may (a) declare

prejudice to
"

the

generality of

by
or

what

forest

officer

or or

class

of forest

officers the
under this
or

powers Enactment

duties
on a

conferred forest

imposed
are

by
be

or

officer

to

exercised

performed

(h) regulate the procedure

(c) regulate the
from the Enactment

of District be

Officers under
to officers

Part

II ;

rewards

to

paid
and

and

informers under
this

proceeds
or

of fines
the

confiscations
;

from

public treasury
39
;

{(l)prescribe the
Conservator

manner

of

notifying instructions
and under
this

of

Deputy

under
to

Section be

(e) prescribethe fees

Publication

payable
have the

Enactment. be
as

62.
the

and effect of rules.

All rules and

made shall

under

this

Enactment
same

shall effect

published
li enacted

in

Gazette

thereupon

by

this Enactment.
Land under be

required
this to to be
a

63.

Whenever

it appears

to the Resident

that such
the

Enactment
deemed for needed

of this Enactment, for any of the purposes within for a public purpose to be needed of
"

any land

land
shall

is

required
VII

be deemed

meaning

of Part

public
The

The The

Land

purpose.

Enactment,

1911." shall
in not be

ment Governliable

64.

Government
occur

responsible for

any

loss

or

not for loss or

dama;?e in respect of
certain forest

damage which may checking station or

Enactment
or

respect of any forest produce while at a for the purposes while of this elsewhere detained timber collected under Section 29. in respect of any
recorded

produce. Admissibility
in Courts evidence recordcri forest of

65.

Evidence

be admissible
or

in any

by a forest officer in a judicial enquiry shall subsequent enquiry or trial before a Magistrate brought against any
done in the Enactment

by
to

Court. 66.

officers.
as

Provisions actions.

(i) No
or

action

shall be

done

bond of
"

exercise thereunder

to be fideintended the powers given by this

person exercise
or

for
or

anything supposed
made

by

rules

(a) without
in

giving to writing of the

the of the

such

one person action intended

month's and of the from

previous
cause

notice
;

thereof date of the

(6) after

expiration of
cause

three

months
;

the

accrual

of the

action

(c) after tender

of sufficient

amends.

FOREST.

619

(ii)
the

In

every

action
acted

so

brought

it

shall
or

be

expressly

alleged
and

that

defendant
or

either

maUciously
and

negligently
trial the

without shall defendant. such fail

reasonable to

probable allegation judgment plaintiff

cause,

if

at

the

plaintiff
for
the

prove

such

judgment
shall shall not be

shall

be

given
the

(iii) Though
action,
unless such the

given
have the

for
costs

plaintiff against
the shall

in

any

defendant

Court,
of the

before action.

which

action

is

tried,

certify

its

approbation

Schedule.

ENACTMENTS

REPEALED.

ENACTMENT
As amended

NO.
by
Fed.

36
E. 14

OF
of

1918.
1919.

All

Enactment
may engage

to

restrict

temporarily
connected
ores.

the with

in business and metallic

persons certain

who
non-

ferrous

metals

Arthur

Young,
President

of the Federal

Council.

[26th December, 21st May,

of the Federated

1918.

1919.]
States

It
in

is

hereby
as

enacted follows
Enactment

by
:
"

the

Rulers

Malay

Council 1.

Short

title,
duration.

(i) This

may

be and

cited

"

as come

The

Non-Ferrous into force

on

Metal the

commencement,
and

Industry publication
(ii) This
continuance

Enactment,
thereof
Enactment of in

1918,"
the

shall

Gazette. shall
continue state in
war

force between

only
His

during
and

the

the

present
and after
ores

of Central

Britannic for

Majesty a period
2.
Metals to and
ores

and

His five

Allies

the the

European
thereof.

Pov/ers

of

years and

termination
this

The

metals

to

which

Enactment and
may the any be

applies
other

are

zinc
,

wliicli

copper,

tin,
and

lead,
ores

nickel,
which to

aluminium,
this Enactment

non-ferrous order
"

Enactment

applies.

metals of
the

to

applied by
"

Chief
not

Secretary
metal

Government

shall

include
process

which such include

except
"

expression
and 3.
any

"

ore

shall

metal expression ; has been facturing manusubjected to any and the be prescribed as ; may mattes, precipitates, concentrates,

other

intermediate

products.
the
terms

Proliibition

(i) Notwithstanding
lease, license,
or

of

any

other
not

written be lawful

law for

or

of any

as^ainst dealing
in certain and
a ores

other

authoritj^
after the

it shall

metals without license. E. 14

company,
the

firm, of
Senior to carry

or

individual

passing

of this

Enactment,
Federated

of 1919.

Warden
"

Mine^,
Warden
on

the

")
the of

may

allow,
or

business wholesale

from expiration of six months such longer period as the Seuior or States, (hereinafter called Malay particular case generally or in any of * * smelting, dressing, refining, trade unless
in

dealing by
this

way

in, metal
licensed form
set

or

metallic
do in
so

ore

to the

which

Enactment
such

applies,
license
to
:

to out

by

Senior Schedule

Warden,
to

be

the

the

Second

this that
in trade

Enactment
the such

Provided
to

purchase
metal
on

or

sale
such the

of metal

shall
or or

not sale

be

deemed

be

dealinif
to

where

only

the

carried that
no

by

purchase purchaser
be

is incidental
:

seller

Provided

also

license
or

shall

required
on

when

the

smelting, dressing, refining, Federated the Malay States.

dealing

is carried

wholly

outside

620

622

No.
Senior of any
has been

36
shall

OF

1918.
in the

(vii)The
the
a name

Wardeyi
company,

publish
this

prescribed manner
to which
or or

firm, or
under

individual
Enactment

whom

license been

has

granted suspended or revoked.

Senior

whose

license

4. The
Power to

Warden
a

shall
or a

have

power

at

any

time

to

require

require
information and

inspection

of documents. E. 14 of 1919.

who, being licensee,or any person officer of, or the holder of, or a or director, partner, manager, a shares securities interested firm, or or in, of, any company, person license has which a applied for the grant of a license, or to which
the has
or on

applicant for

license

been licensee

granted
is individual to
or

under

this
or

Enactment,
the

or

by
able

which

the

applicant
carried tion informacompany in

controlled,

by
as

an

being manager applicant or licensee, is

or

of the
to

business any

give

the the

constitution, control,
business

management
company, in such

of the

or or

firm,
the

carried

on

by

the

firm, or individual,
business
or

beneficial
or

interest

of any

person

any

shares

securities such

of the
time
as

within the purpose

or company the Senior or

firm,
Warden

to furnish

such

tion informa-

of

obtaining
the Senior books

verifyingsuch
in that documents

appointed by to inspect any

control which of
may

Warden

for direct, and may information person any behalf shall be entitled
to
or

and

belonging
individual,
for the
purpose

under

the of

such

company,

firm,
be

or

the

inspection
aforesaid.

reasonably
person

required
on

Offences.

5. (i) If any
or refining,

carries in any
a

the

business
or

of

dressing, smelting,
in

dealing

metal

metallic
shall

ore

contravention
an

of this Enactment and be

without
made

license,he

be

guilty of
Senior
a

offence

shall, on
liable
on

complaint
conviction

by

or

on

behalf Court of

of the

Warden,

Magistrate of the First Class to imprisonment of either description for a term not exceeding three months, or to a fine not exceeding eight hundred and fiftydollars for each day during which the offence continues, such imprisonment and fine. to both or
the

before

(ii)If

any

person
or

(a) refuses
this time

neglects to
is

furnish

any
to

information be furnished
or

which
within

under the

Enactment

required
it is to be

within

which

furnished,

(6) knowingly
under

furnishes

any

information which
is

required to
false
in

be furnished material

this

Enactment

any

or particular, or (c) having custody of any book is authorized to inspect under

document
this the

which

person
or

Enactment

refuses document

wilfullyneglects inspection,or
used he shall be of
not
a

to

produce

book

or

for

{d) forges or fraudulently alters

any license

or

uses

or

permits
this

to be

lently fraudu-

issued

under

Enactment,

Court
term

huiulred and
fine

before the guUty of an offence and liable on conviction Magistrate to imprisonment of either description for a exceeding three months, or to a fine not exceeding one and seventy-five dollars, or to both such imprisonment

NON-FERROUS

METAL

INDUSTRY.

623

Where (iii)
is
a

the

company, company

of the
be

under this Enactment person guilty of an oflfence director, manager, secretary, and other officer every who is Imowingly a party to the default shall also
like

guilty of
6. (i) A

the

offence

and

liable

to

the

like

punishment.
Section
to

company of this Enactment may entered

give

notice their

carrying on which applies, requiring the

business to Avhich any has issued share warrants

Provision

as

to
"^

bearer,
to
names

to^beaTe"''"

holders

of

the
to

share have

warrants

surrender

warrants

for cancellation

and

their

in the

register.
shall be given method by which
warrants the
to

(ii)The

notice

by

advertisement to,
are or

in the

Gazette

and

by
the

any

other

notices bearer
or

for the

information

of, holders
warrants.

of share

required to
of

be

given by
of the

regulations of
Where (iii)
such share

company

the

conditions

issue

notice

has
be

been

given,
to
or

no

person
or

shall,
at

as

holder

of

warrant,

entitled

attend

vote which

any may share

meeting
become warrants have

of the

payable
shall been

dividends and any company, shares in respect of any retained

for

interest

represented by
until the
share

be

by

the

company

warrants

surrendered
the to

cancellation.
the

(iv) For
warrants
on

of this Enactment purposes " bearer bearer includes any thereof of the
any

expression
which

"

share

securities

confer
to

the

holder

voting

power

with

respect
business
the

the

management
7. No
under

company.
as

information Enactment

this

any person shall be published

to

or

any

obtained of

Provisions ^'^"'^^"y-

as

to

except for

purposes

ingly knowand if any this Enactment, person legal proceedings under of this provision in contravention publishes any information conviction before the he shall be guilty of an offence and liable on of a Magistrate to imprisonment of either descriptionfor a Court term not exceeding three months, or to a fine not exceeding one and hundred seventy-five dollars, or to both such imprisonment

and

fine. Chief

make rules for R'lies. Secretary to Government may is to be prethis Enactment, scribed, prescribing anything which, under into effect,and and generally for carrying this Enactment of such rules shall provide for excluding from dealings by way trade within the meaning of this Enactment wholesale dealings in be prescribed generally or as such limits as quantities below may metallic metal ore. or respects any particular 8. (i) The

(ii)All
the
same

rules and

made

under
the
as

this date

Enactment

shall

be

published
have Enactment. at the any

in

Gazette

from
effect shall such

of such
been the

publication shall
enacted Federal
cease

the

force and
All (iii) rules

if they had
laid

in this

be

before
and

Council
to

first force

meeting
or

after

effect

if disallowed rule shall may

publication by resolution
be altered into and

shall of the

have

said

Council.
of the the date

(iv) Any
Council

by
as

resolution
from
same

Federal of the
effect

and

come

force
shall

altered
have the

passing
as

of such
been

resolution
enacted

force

and

if it had

in this

Enactment.

624
Evidence documents. E. 14 of 1919. of

No.
documents under

36

OF

1918.
be and

9. All
Senior

purporting
this Enactment

to

documents
to be

Warden person and

made by the signed by him, or

in without further

by

any

authorized
shall

by

him
to

in that be such

behalf, shall be received

documents

evidence

be deemed

proof
Declarations.

xinless the

contrary

is shewn.

10. of this
or

(i) A

company Enactment

debenture

Section 3 to which carrying on any business applies may give notice requiring a shareholder the declaration under holder to make a Statutory
"

Declarations

Enactment,
of the shares

1899,"
or

of

any

State

as

to in

the
his

beneficial
name,

ownership
as

debentures beneficial
any

standing
owner.

and

to

the

nationality of
notice the to be shall be

such

(ii)The
to,
or

given by
the

method of shares the

by
or

which

notices
are

for

information

of, holders
debentures. has been
or

debentures
company
or

required
conditions

given by
of the
a

regulations of

the

of issue such
share any

Where (iii) holder of

a

notice

given,
vote which

no

person

shall

as

be entitled

to attend
or

at any

and company, in respect of company,

dividends

interest

shares debentures or any until the shareholder debenture or

may shall be

meeting payable retained by the

become
shall

of the

holder

have

made

such
For

declaration
the purposes
" "

as

aforesaid. of this
stock

(iv)
and
"

section
and
"

the

expressions
stock
and

"

shares
"

"

debentures
"

include

debenture

holder share-

and

debenture

holder

have

corresponding meanings.

FmsT

Schedule.

CONDITIONS.

(Section 3.)
1. That
or

any

director
any

of the
manager

company
or

or

any

partner of
who
is
or

the

firm,
been

the individual, or

other
a

officer principal person

employed
has

firm, or individual, is by the company, which of State is now at war a subject a controlled or an corporation. enemy
2. is
or or

with

His

Britannic

Majesty

That,
was on

by

company

under

"

capital of the company any of December, 1918, held day any behalf of an enemy, stock of the shares or including any in the custodian vested made virtue of order by any The Trading with the Enemy 1914 to 1916." Enactments,
case

in the

of

at

time

after the

company, first

3. That

the first

company,

firm,

or

individual

is

or

was

at

any

time

1918, party to any day of December, agreement, enables or enabled or an arrangement, understanding, which enemy to influence the policy or conduct of the business.
4. That after the

after

the

the

company,

firm,

or

individual

is

or

was

at

any

time

first day of December, 1918, interested, directly or to the extent of one-fifth or more of the capital, indirectly, profits, the in in any not or or voting ])ower undertaking, whether Federated to which of a kind Malay States, engaged in business this Enactment also interested, enemies are applies, in which

NON-FERROUS to directlyor indirectly, or capital, profits, voting 5, That the company,

METAL

INDUSTRY.

625
or more

the

extent

of one-fifth

of the

power.
or

firm,
or

individual
the

is

by

any

means

ever whator

subject,directlyor
business
to enemy

in indirectly,

conduct

of its

his

influence
case

association. the company given notice under

warrants to has this

6. That, in the
warrants to bearer the

of
of

company,
not

issued

share their

and

has

Enactment

requiring
warrants

holders

the

share

surrender

for cancellation.
the purposes

For

of this Schedule
" "

"

The
now

expression
at
war

enemy with His

means

Britannic

subject of Majesty

State and
an

which
enemy

is

controlled

corjjoration.
"

The

expression
"

enemy

controlled

corporation

"

means

any

corporation (a) where

majority of the directors or the persons of directors, occupying the position by whatever name called, are subjectsof such a State as aforesaid ; or
the

the

(") where
of

majority
who
or

of the
are

voting power
their

is in the hands
a

persons

subjects of
exercise

such

State who

as

aforesaid,

who

voting

powers
are

on directlyor indirectly such of State a subjects

behalf
as

of persons aforesaid ; or
means

the control (c) where hands of persons

as

is

by

any
are

whatever
a

in the State

who

subjects of such
controlled
are

aforesaid
the

or

(d) where
or

executive

is

an

enemy

where
an
"

by
The shares
or

the majority of the executive controlled corporation. enemy

corporation appointed
means

expression

capital

"

in relation

securities

issued

by

the

company which company

were

to

any
or

carry,

would, if the necessary

any and

formalities

complied with,
management
and debenture

carry,

voting
money

company,

and

with respect to the power also includes debentures company.

of the stock

lent to the

Second FORM OF

Schedule. LICENSE.

(Section 3.) {Name of

under carry
on
"

The

of is hereby licensed firm,or individual) company, Metal 1918," to Non -Ferrous Industry Enactment, of
*
*

the business of wholesale

and refining, smelting,dressing, in the

dealing
to

e. i4ofi9i9.

by

way

trade

metals

or

metallic

ores

which

the said Enactment

applies.
Senior Warden
. . .

of Mines,

F.M.S.

Dated
Ill"

the

day

of
,

191

40

ENACTMENT
An Enactment
to Arthur

NO.
and

40

OF
amend and

1918.
tlie law

to

consolidate

relating

the

Registration of Imports
Young,

Exports.
1918. 1st

[26th December,
Federal Council. Rulers of the

President It
is

of the

April, 1919.] Malay

States

hereby
as

enacted follows

by
:
"

the

Federated

in CouncU 1.
Short

title, repeal.
on

(i) This
and

Enactment

may

be

cited

"

as

The
shall

Registration
come

of

commencement,
and

Imports
such

Exports
as

Enactment,

1918," and
to

into

force

date

the

Chief

Secretary
in that

Government

may

by

tion notifica-

in the

Gazette

appoint
into schedule under

behalf. of this
be Enactment

(ii) Upon
mentioned

the coming
in the

force
shall any

the Enactments

appointments
were

made

Enactment to

all repealed ; provided that which hereby repealed the commencement

in

force

immediately
be deemed

prior
to

of
this

this

Enactment

shall

have

been

made

under

ment. Enact-

2.
Rules.

(i) The

Chief

the

registration of or Malay States certificates relating to goods

Federated

Secretary to Government all goods imported into

any
so

may

make

rules from
issue

for
the

and
and
or

exported
for the

of

them

of

imported
in

exported.
and the shall
same

(ii) Such

rules

shall

be

published
after such
in this commit

the

Gazette have

at

the

expiration
and

of
as

thirty days
if contained who made

publication
Enactment.
a

force

effect

(iii)Any
with false
any
or

person rule so

shall and

breach
or

of

published,

shall

fail to comply or wilfully make any

with

wTitten verbal, misleading statement, or Enactment dealt with this or by by the any thereunder, shall be guilty of an offence and liable fine not hundred dollars. a exceeding one matter
Appointment
of

respect

to

rules
on

published
to

conviction

3. The
the

Chief

Registrar.

Gazette, appoint,

of may

Imports
revoke

and

any

Secretary to Government office, or by name the for Exports purposes such appointment.
Schedule. ENACTMENTS

in by notification or Registrar, Registrars, maj'',

of

this

Enactment

and

REPEALED.

626

ENACTMENT
As

NO.
by Fed.
E.

42
13

OF
of
1919.

1918.

amended

An

Enactment

to

promote the Cultivation

of Foodstuffs

in the Federated
Arthur

Malay

States.
1918. ,[26th December, 12th February, 1919.]

Young,

President It is

oj the Federal

Council.

hereby
as

enacted
:
"

by

the Rulers

of the Federated

Malay
Food

States

in

Council

follows
Enactment

1. This

Enactment,
Chief of thereafter
war

1918," and

"The be cited as may shall come into force notification

in the termination

Production date
as

short

title,

on

such

the shall
state

^"d^uSn.''^'

Secretar}^ may
remain between His

by

Gazette

appoint, and
of the

in force until the Britannic five

present

Powers

and
;

thereof
this
a

during the provided that

is in

Enactment

day

for the

cessation
case cease

shall in such
the

date

so

appomted
Enactment shall

European the termination follo^\ing when time at any the Chief Secretary may force appoint by notification in the Gazette of the operation thereof, and this Enactment to operate accordingly and shall on and from be deemed to have been repealed. Majesty
next

and

the

Central

years

2. In

this

and
have the

in

any

rules

made

thereunder

the

interpretabion.

following terms : respectively

"

meanmgs

hereby assigned to Secretary

or

them

Chief

Federated
"

Secretary means Malaj^ States ;

"

"

the

Chief

to

Government,

Collector

means
"

appointed under
"

The

any Land

Collector

Assistant
1911
"

Collector

duly

Enactment,
Director

Director

"

means

the
;
"

of Food

Production

appointed
Production

under
"

this Enactment Director

Deputy appointed
means

means

Deputy
and

Director "the

of Food

under

this

Enactment,

the action
or

the

Deputy Director empowered to act or thing contemplated or referred

taken
or

Deputy Director" in the place in which is to by the context

e. i3ofi9i9.

taken

to be

exists

"Foodstuff"

'potatoes, yams, other articles used,

can

rice, vegetables,maize, millet, ragi,sweet tapioca, coconuts, bananas, and other fruits, and all
includes
or

which

can

be

used,

as

food
the

for

man

and

which

be
;

grown
"

by
means

cultivation

of the

soil in

Federated

Malay by
this

States
"

Fund

the

Food

Production

Fund

established

Enactment

; 627

628

No.

42

OF

1918.
to any any

a belonging means "Malay" person habituallyspeaks the Malay language or religion ; professesthe Moslem
"

who Malayan race Malayan language and

OwTier," occurring without

the
to

occupier of
make
use

land

and and
or

of land
manager
"

includes
"

the

prefix registered," includes the right or having control over person any owned land in the case of by a company in charge of such land ; person
the reference
or

"

Resident
any

means

with

or

interest

therein

duty

any connected

to

particularpiece of land,
therewith
or

matter

incidental
situate
"

thereto, the Resident

land for the
"

of the

State

wherein

such

land

is

;
means

Rice

land

which of wet
a

is,in
rice
;

the

opinion of

the Resident,

suitable
"

cultivation
"

Sanitary

Board
"

provisions
"

of

Sanitary Board Sanitary Board

Enactment
"

Sanitary Board appomted under The 191G," Enactment, Sanitary Boards an means area area subject to the control in respect of the matters provided for by the
means
"

the
and

of

said

State

land

"

and

"

to

alienate
"

"

have
The

the

meanings assigned to
Enactment,
1911."

those
Appointment
officers.

in respectively, expressions,

Land

of

or 3. (i) The Chief Secretary may appoint any person by name Production for the Federated office to be Director of Food Malay States and may or by office to be Deputy appoint persons by name for specifiedlocal areas of Food Production Directors ; all such

by

appointments (ii)The
Federated functions

shall

be notified in the
may local exercise and

Gazette. his functions

may
are

Director

throughout
exercise

the tlieir

Malay States,
within
the

Deputy
areas

Directors which any

for

they

appointed ; the Director may in a Deputy this Enactment

The (iii) Director
within

exercise

power

vested

respectively by or under
to be

Director. Directors
shall

and

all

public servants
Food tiou ProducFund.

the

Deputy meaning
under

be deemed

of the Penal Enactment

Code. shall be States

to

4. All moneys
the of
a

collected

this

paid
the and

into

public Treasury
Fund which
all

of the

Federated Food

Malay

credit
out this the any

shall be

called the
or

Production
to be

Fund made
so

of which

payments
shall

required
met.

authorized
that

under often
to
as

Enactment
amount

be

Provided

if and

at the

credit

of the Fund authorized

to

shall be insufficient
be

meet

payment
the Chief Federated may

required or
Secretary

made the of the

under

this

Enactment,
of the
amount
so as

may

transfer
to

from

general
Fund
the

revenues

Malay

States

the

credit

such
amount

be necessary such payments, to meet shall, Avhen the state of the Fund
to the

and

ferred trans-

therefrom

general revenues
CULTIVATION

of the

permits, be reimbursed Federated Malay States.

RICE.
in the

OF
notification

Settlns apart
land suitable rice for wet

of

5. (i) TJic Resident of State land area any cultivation with

wet

may,

by
or

Gazette, set apart

suitable for

which rice

consists for

of land principally rendered

cultlTatlon.

being

by irrigationor

630
(v) Any
of any reasonable
Where
not

No.
OA\Tier

42
who

OF

1918.
fails to
section

of rice land
under

comply

with

the

terms of

notice

published

this

shall, in the

absence Section Section

excuse,

be liable to the ten to

penalty prescribed by
time

35.
7

rice land

8. (i)If within for land if

days
a

from

the

prescribed under
owner

cultivated
owner.

by

commencing
does not

clear

rice

fields the

make

bond

fide commencement
does of such

of any alienated to clear the same

not

rice
or

he commencement a having made the with cultivation proceed seriously may

cause or

rice

continuously and land, the Deputy

at to

Director
the rice
case

such
may
terms
a

rice land

to be any

cultivated
person

the

expense

of such such

Government
land shall to
on

authorize
as on

other

cultivate
in either

such
serve

notice
same

be agreed upon may the owner of such

be
so

and rice

land

requiring
section sub-

him

permit

the

to rice

cultivated.
is

alienated (ii)Where at the expense (i), shall be the property of cultivated

land

cultivated, as
the

of the Government, the Government, and

provided in rice resulting

such

where

crop rice land is under the

by

said sub-section

other in that authorized any person the resulting rice crop shall be the
owner

behalf

and the person, interest in such The (iii) land

rent
an or

of the

land

property of that shall in neither have case any

crop.

Director

shall

cause

to amount

be

paid

to

the

owner

of the
owner

said
as

amount
water

equal
rate
use

to the in

(ifany) paid by such

thereon

respect of the period during which

the

he

is

deprived
the

of the

of such who

land. cultivation
an

(iv) Any
expense
in
or

person

interferes with
or

of rice land
person,

at
as or

of the

Government

by
any

authorized

provided
obstructs

sub-section

(i),or
to obstruct

with any offence

crop

attempts
be

person

growing engaged in
on

thereon such

vation cultito "three

shall

guilty
fine not and

of

an

and
a

liable
term not

conviction

imprisonment
months such
Requisitioning
labour from or

of either
a

descriptionfor exceeding
fine.

exceeding
or

to

five hundred

dollars

to

both

imprisonment

employers
for cultivation of wet rice.

decides 9. (i) Where the Deputy Director the of Section land shall, under provisions the the
not to expense of the

that
8

any (i),be

alienated cultivated
person

rice at

Government,

he

may

require any

having

control
more

of who reside ordinarilyat a distance of any labourers from such rice land than five miles, by direct measurement,
the

place at

disposalof

the

Deputy

Director

stated
such

number

of
shall

labourers forthwith shall be under

for the

comply required
under

of such cultivation, and person purpose with such requisition ; provided that no person Director to place at the disposal of the Deputy
more

this section of the

than

ten

per

cent,

of the

total number such

of

labourers
as

his control rice land

who

reside

%\dthin ordinarily

distance

aforesaid

to be cultivated,

(ii)Wages

earned

by

labourers
this

whilst

Deputy
Director.

Director

under

section

shall

placed at the disposalof a be paid by the Deputy

a

(iii) Any
a

person

who

omits this to
a

to

comply

with

Deputy
liable

Director
on

under

section

shall be

made by requisition of offence an guilty five hundred dollars

and

conviction

fine not

exceeding

FOOD

PKODUCTION.

631
for each

and,
which 10.

in addition, to

fine of

twenty-five dollars
decides Section
8

day during
alienated
at is who
on

such

omission the

continues.

(i) Where

rice land

shall, under

the

Deputy Director provisionsof

that
be (i),

any

Requisitioning

cultivated

Ifnempioyed

the expense of the Government, he may require any person, in his opinion unemployed not or fullyemployed, to labour
rice land.

"^ ^'^'^''^^^JJ^' wet rice.

such

(ii)Persons
entitled
may be
to

who

labour

receive

from
time

the

fixed from Resident.

in pursuance of such requisition shall be Director such a.t rates as Deputy wages to time by the Director after consultation

with 11.

the The

proceeds
at the

of the

sale of rice

harvested under Fund

on

alienated the

land

Proceeds

of

cultivated iltivated Section 12.

8 The

(i)shall

expense be paid to the credit of the

of the

Government

provisionsof

^^ QoverD*^'"'' nment.

Director, after
to
owners same

consultation
who

with
have

the shewn

grant bonuses
in

of rice lands and

to the

Bonuses for Resident, may diligence and great diligence energy in cultivating

the cultivating energy in

Malay

headmen

who of rice.

display exceptional
fail to

rice.

promoting

cultivation

13.

(i) If
or

cultivate
any such such

shall for three any person to cause to be cultivated any the

successive rice land

seasons

Forfeiture rice land

of for

owned
and
was

by
cause

him

or

persistent
failure
to

part thereof,
rice land

Resident
not

may

require him
to

to shew

why
if after
able reason-

cultivate.

should
as

be

forfeited

the

State

may,
no

enquiry
excuse

he

thinks

fit he

is satisfied that

there

for
in any

such other

failure

to

anything
under

Enactment

cultivate, make, contained, an

he
an

notwithstanding
order
in

writing
may

his hand

declaringsuch
in such
manner

rice land
as

forfeited to the State thinks order and

and

dispose thereof,
(ii)Where
section, he
the order under
the and

for cultivation. fit, of forfeiture

documents

the
shall the the

Resident

makes

under
terms

this of

under certify

his hand

official seal the

or

of the particulars land

was

document
the

of title

which
as

Collector,
certificate

the

case

title to such

land

may is

record

in the

Registrar of Titles or be, having custody of the Register wherein shall on recorded production to him of such said Register the forfeiture effected by the
held, and
certificate. made
is

order

and

shall file such

copy

A (iii)
on

of the

order
land

the

person

wkose
to be

by the Resident shall also be served forfeited,and he shall thereby declared

of title,if any, for the
said land

thereupon
to the

deliver up

his document

Collector

cancelled.
an

(iv) Any
Resident

aggrieved by person under this section may

For the purposes

order of such

of forfeiture
to
an

made of
the
a

by

the

appeal

the

Court

Judicial

Commissioner.

procedure Magistrates modifications, apply and the Resident shall,subject to necessary by the order appealed against was whom made, or such public officer subordinate he may to the said Resident as appoint in that behalf, shall be the respondent. Costs payable by the respondent in any of the decision such The appeal shall be defrayed from the Fund. appeal prescribedfor appeals
to the

said Court

from

Courts

of

Court

of

Judicial

Commissioner

shall be final and

there

shall be

no

appeal

therefrom.

632
of

No.
In the
six last

42

OF

1918.
"

Meaning
"

14.

preceding
and

sections

cultivation," with

its

cultivation."

grammatical
with
wet

variations

means cognate expressions,

cultivation

rice.

CULTIVATION
Cultivation stuffs alienated wet of

OF

FOODSTUFFS
contained

GENERALLY.
in written

15.

Notwithstanding anything
the
terms
or or

any

law

to

on"fand the
for the

Contrary or grant or Government

the the

lease

conditions, expressed or of land other title,the owiier

of wet

implied,in any
alienated

rice.

for

cultivation purpose rice crop, use such land or permit the vegetables or other foodstuffs, provided that
the crop

of the

after harvesting rice may, be used for growing to same

no

foodstuffs

shall be of

grown
one

groovingwhereof would of Avet rice annually.

Director
the
owner

interfere

Avith the

cultivation

Order to grow foodstuffs on land other than rice land. E. 13 of 1919.

16.

(i) The
made
with kinds rice

may

by

order

under

his

hand

(a) require

is or can be land which specified cultivate to foodstuffs of production foodstuffs generally,or with any particular kind or of foodstuffs, such proportion of his land, not being

of any

suitable

for the

land, as
of which

may

be stated

in the order

(b) prescribe the

any

various

kinds

of foodstuffs
to
a

the

cultivation with
an

of

will amount

compliance
foodstuffs order other

order

under

paragraph (a) to
of land cultivate
in any in the
or

cultivate
reason

generally.
made than
can

(ii)No
this section

owner

shall
land
more

by
with

to

any

of any foodstuff foodstuff

under
rice

be

bound

to grow
as

year
course

of such
a

than

be

sumed con-

food

of

year

by

the

labourers

and

other

persons

employed
order

resident

upon

his land. shall be served

in

(iii) Every
manner

made

under
37.

this section

the

'prescribed

by

Section

(iv) Where with an order

such

defaultis made without reasonable duly served under this section,the the Chief Secretaryto Government, to default
the
same

excuse

in

complying
report

Director

shall

ivho shall

thereupon

have

powers
were a

has been made had been

if the land in respect whereof the said default place of employment with regard to which a report
as

furnishedby
under and
221 222 in
area.

the Controller
221

of Labour
"

to

the

Chief Secretaryto
Code, 1912," and
situate within

Government Sections

Section

of (ii)

The

Labour

of the said Code

this
section

shall

apply accordingly.
to

(v) Nothing

applies

land

Sanitary
()blii,'ation to
furnish information. E. 13 of 1919.

Board

16a.
his hand

(i) The
served him

Director in the
in

or

the Deputy
manner

Director

may

by
owner

order

under
to

furnish to
(a) the

prescribed requireany writingtrue information as to

of land under
where such
area

of land

total

area

the control land

is held

or

management
under
more

of such
than
one

owner,

and

document title;

of titlethe of land

held under

each several document

of

(6) the

total

area

under

the control

or or

management
coconuts
;

of such

owner

which

is cultivated with rubber

FOOD

PRODUCTION.

633
or

(c) the total

owner

area

of land

under

the control

management

of

such
;

which

is cultivated with

other than foodstuffs the land

under

coconuts

(d)

the nature
or

of the

with which foodstuffs

the control

management

of
other

which

is cultivated

exclusion

of

with
to

mixed

cultivated,the area thereof with any one to the of such foodstuffs which is vated cultithereof kinds, and the area including particulars as of foodstuffs crops
such
owner

is

kind

the kinds

of foodstuffs comprised
race

in such

mixed
on

crops

(e) the number

is under

and

of the
or

labourers

employed
of such
order

the land

which

the control

management
whom
an

owner.

(ii)Every
addressed

owner

of

land

to

under

this section

is

fourteen days from the date of the service the Deputy Director, according to the of the order, to the Director or tenor of the order, the information thereby required to be furnished ; and shall be deemed, for the purposes of Section 177 every such owner bound to furnish the said iyiformation. of the Penal Code, to be legally
shall furnish, within 17.

(i) The

suitable
to

for the

place such
of rice

require any owner may production of foodstuffs and is not land at the disposalof the Government
any with

Director

of land

which
cultivated

is

Taking

over

by
of

being

Government uncultivated land for

for the

tion cultiva-

or

other
such
so

foodstuffs, and

the

owner

thereof

shall

foodstuffs,

growing

forthwith

comply
owner

requisition. placed at
from
the the

(ii)The
shall be

of land

disposalof
such

the Government

entitled

to receive

Director

compensation
situate

as

the

Director

considers
in
area.

fair.
section

(iii) Nothing

this

applies

to

land

within

Sanitary
18.

Board

cultivatingwith foodstuffs any land placed, or required to be placed, at the disposal of the Government under Section 17 or any State land the Director require any may employer of labourers to place at the disposal of the Government number of such a stated labourers, not exceeding ten per cent, of the of such total number labourers, and the employer shall forthwith comply with such requisition.
purpose

(i) For

the

of

Requisitioning

empioyers'for

'^^'^^11^^^^

(ii)The
the
wages

Director
earned

shall

pay

to

the
so

by
who

them

while

employer placed at

of
the

such

labourers
the

disposal of

Government.

(iii) Any
the Director
on

person

under
to
a a

conviction to

addition,
such 19.

fine

by comply with a requisitionmade and liable offence of an guilty fine not dollars and, in exceeding five hundred of twenty-five dollars for each day during which
omits to this section

shall be

omission

continues.

(i) The
or course

Director
not

unemployed
or

in

of

require any person may fullyemployed to labour on cultivation by or on behalf of the

who labour from
the in pursuance

who
any

is in his

opinion
for the

Requisitioning
labour of the for of

land

cultivated

unemployed
cultivation foodstuffs.

Government

production of foodstuffs. (ii)Persons

entitled

of such
wages

shall requisition
rates
as

be
be the

to receive

Director the

at such

may

fixed from Resident.

time

to time

by

Director

after consultation

with

634
20.
labour
labcur

No.
If any
refuses

42

OF

1918.
or

Penalty
refusal

for of to

unemployed
person
as

required under Section 10 person ^Wthout reasonable omits excuse or

shall be to

Section
to

19

to

comply

with

such

he requisition, for the

guiltyof
a

an

offence

and

liable, on

tion, convic-

required.

first offence
or

and

for

second

exceeding twenty-five dollars subsequent offence to imprisonment of either

fuie not
not

descriptionfor a term hundred exceeding one

fine.
General

exceeding
or

six

months such

or

to

fine

not

dollars

to

both

imprisonment

and

21. (i) The

High
the

Commissioner declare

liability to
labour

published
interests

in

Gazette

may that

time at any it is necessary

by
in

notification the

public

imposed

that
in the any

all able-bodied

labourers
or

by

declaration

of High Commissioner.

(a)

Federated State
the
or

Malay States,
States of the
or

(6) in
work under

part of

any

State

or

States,

according to
of foodstuffs.

terms

notification, be liable to be required to

at cultivation
or

the

direction

of the Director

harvesting
under
section sub-

(ii)On and after the publication of (i)the Director or Deputy Director

notification
may,

placarded or served notifying such

require
the all
or

upon

the

any

persons within persons

persons in such
the

affected
manner area as

by thereby

notices
or

to which

be may the declaration

publicly wise by otherprescribed,

of

who in his opinion capable of relates are High Commissioner at such labour to perform such labour place performing agricultural within the said area the Director directs, or as Deputy Director such and every notified shall forthwith comply with the so person said requirement ; provided that

(a)

no on

person any

shall
one

be

bound
in

to

travel
to

more

than

three
the

miles

journey

order

comply
are

with

said for

requirement, unless
him
;

means

of transport

provided
other

(6) no

Malay
connection

shall

be

bound

to

perform
or

labour

than

in

with

the cultivation labour

harvesting of rice.
of
the to
a

Persons (iii) under

wages
at

performing
rates
as

this section

shall be entitled
may

in pursuance from to receive

requisition
Government
time

such

be

fixed

from

time

by

the

Director. sub-section under (iv) No declaration by the High Commissioner shall force from remain in months for twelve (i) a period exceeding
the date of the

declaration

is in force

publicationthereof ; but if the High Commissioner

at any is of

time

when that

such the

opinion
such and such

necessity continues, he may from time to time renew for another period not exceeding twelve months,
shall be

declaration
renewal

published and

at any time when is of opinion that

regards
to
as

any in the labour

declaration if ; and original High Commissioner the said necessity has ceased, either generallyor as he shall by notification particular area or lished pubareas, Gazette declare such tion opinion, and thereupon the obligaeither generallyor imposed by this section shall cease have

effect

as

the

such

declaration

is in force the

regards the particular area

or

areas

to which to

the
as

said opinion of
case

the

High

Commissioner

is

expressed

relate,

the

may

b^.,

FOOD

PRODUCTION.

635
thinks and

(v) The
Director revoke
any

High
any

Commissioner

may,

if he

fit,delegate to the
may at any time

under of his powers such delegation.

this section

CULTIVATION 22.
with

WITHIN
Director
or

SANITARY
Director

BOARD

AREAS.
compuisoir
within Board

(i) The
the

Deputy
of any land
owner

may,

after consultation

Chairman

of the
oAvner

Sanitary Board,
land suitable within
a

sanitary
areas.

(a) require the

to

for

the

production
area

of foodstuffs cultivate
notice to

which such
to

is situate

Sanitary Board
or

with

foodstuffs,
and

(6) after
owner

the
cause

shew

against
any

the

this section such

on

grant
for the
as

to

land

purpose
may

person of cultivating it with

opportunity given to the grant of a permit under a written permit to occupy

foodstuffs the Director
;

such

terms

be fixed

by

provided that
(1)
no

person to

shall

by

virtue
on

of
the

any

such

entitled

cultivate

land

permit be under occupied therethan

one

to

plant which any arrive at maturity,

than

requiresmore
or a

year

to

erect

on

the hut

said land
own

buildingother occupation ;
any

temporary
land

for his

(2)

any

person be

who

has
on

occupied
remove

by
the

such

permit

shall

the termination from

entitled

to

virtue of any of his tion occupasaid land any any

thereon building erected by him which belongs to him thing thereon

and
;

other

(3) (ii)Every
to

no

such

permit

shall be transferable.

person

required under
shall forthwith shall be therewith.

cultivate
that in order

land
no

provided

person

paragraph (a) of sub-section (i) ; comply with such requisition tion bound to destroy existingcultivathis section discretion

to

comply

(iii) Every permit granted under

not

shall be for of the

period
or

exceeding one Deputy Director

expiration thereof ; provided of been given by the registered owner notice shall have that if written that he requires the said land to the Director or Deputy Director and the Director or of building thereon for the purpose the land notice is that such doubt Director has to given reason no Deputy if or of the permit shall either be refused in good faith, renewal be such be for shall period only as may necessary granted granted of any growing crop. for the removal
the has of a permit is refused and the person who renewal of such refusal is by reason occupation of land thereunder prevented from removing any crop from such land, such person shall such the Director from be entitled to receive or Deputy Director reasonable the thinks Director Director by as or way sum Deputy of compensation.

year but may be renewed on

at the

Director

(iv) Where
in

been

636

No.

42

OF

1918.

of any land of (v) The registeredowner occupied in pursuance tliis shall be entitled under section not to any rent a permit granted or compensation in respect of such occupation, but the Director shall amount to him an (if any) legally equal to the amount payable pay and paid by him on account of rates imposed under the provisions of of land Enactment, or rent, in respect of the land so occupied any

and
Rubber not to

to relating

the

period of

such

occujiation.
after
the
commencement
area

23.
this the

(i) No

rubber of the

plantation shall
within any

of without of the

be planted within Sanitary Board areas.

Enactment

be formed

Board Sanitarj^

approval
(ii)For
the
to

Sanitary Board
of this
wherever
area

given
a

with

the

sanction

Resident.
purposes be formed
an

section
more acre.

rubber
ten

be

deemed
are

than

rubber

plantation shall plants or

this
a

trees

planted in
person guilty of five is had such
an

of

one

(iii) Any
shall be
conviction

who

contravenes

the liable
on

provisions of
conviction

section
fine not the

offence

and

to

exceeding
whereon
or

hundred

the Court dollars ; and before shall make the order an owner requiring

which

of the land therefrom

trees
on

contravention and
so

has

taken

destroy
land
in any

such

said trees

that there
one acre

manj" shall remain

of the
not

rubber
more

place to remove plants and

than ten

the

such

plants and
within

thereof.
shall

(iv) If the
seven

owner

fail to when
cause on

comply
the
same

with
is

such

order
the

days from of the Sanitary plants and trees

accord
with the

the

date may

made,
or

Chairman of and
shall

Board from order the

such said

removal

destruction
as

and and
owner

the
recover

land

to

be

effected

may

the cost of such

removal

destruction

from

of the said land. OF FRUIT TREES.

commencement
or

PRESERVATION
Rubber not to

24.

(i) No

rubber be

be planted coconut amontj

this Enactment the fruit whereof

plant or tree planted among

whereon
the

shall after the

coconut

of

palms

other

fruit trees

palms
trees.

or

fruit

is used

for, or suitable for, human

rubber
fruit been

consumption.

(ii)No

owner

of land

the commencement

of this Enactment fruit trees shall

plants or trees have before coconut planted among

is used coconut

palms
trees.

or

other

whereof

for,

or

suitable
or

for, human

consumption

destroy such

palms

other

of land who contravenes, or permits contravention (iii) Any owner of, the provisions of this section shall be guilty of an offence and

liable, on
and

conviction,
before

to

fine not
an owner an

exceeding
of land order
on

one

hundred

dollars ;
of contravening
remove

the Court

which

is convicted

sub-section
forthwith all rubbf-r

(i)shall

make

plants and

trees

his land

requiringhim to planted in

vention contra-

of that

sub-section. GARDENS State of

the

VEGETABLE
Setting apart of
State land for

AND Resident
either

GRAZING shall select

areas

GROUNDS. and
set

25.
the

(i) In each
town

apart for
in
or near

prowintr vegetables, bananas, and

sugar
cane.

cultivation and

vegetables such

of State
or

land

every

villageand

within

without

the

Sanitary

638
Federated
such be

No.

42
be

or

1918.
the

Malay States, will

the Director.

purchased by
Director

Director, and

all

rice tendered

for sale to the

at the

price so

fixed shall

purchased by
(ii)Such

not

be fixed for one season's crop or for any term price may be expressed to apply generally exceeding five years and may throughout the Federated Malay States or only in respect of jpadi in State local area. particular or grown any 28.

Advances

(i) The
on

Director

may

authorize

advances

of money

from

the

against

crop.

Fund

the

securityof
who

crops

of foodstuffs.
an

(ii)No
the

person

has

received

advance

from
written

the

Fund

on

security of any in that behalf from

such crop nominated to any

crop of "padi shall,without the Director or a Deputy

person other than the

permission Director, dispose of

or a

Director

person

by

the

Director.
*

(iii) Any
shall be of either fine not
and

person

who

contravenes

guiltyof an offence and descriptionfor a term exceeding five hundred

USE

provisions of this section liable on conviction to imprisonment months not exceeding three to a or dollars or to both such imprisonment
OF RICE.

the

fine.

Power

to

29.

(i) The
the
or

Chief
use

Secretary may
or

by

order

published in
the purpose

the Gazette

prohibit the of making liquors from

rice.

prohibit
samshu for
man.

of rice, other

any

class

of rice, for for any

making
save

of

any

alcoholic

liquor or
such
to

food

(ii)Any
offence for
and
a

person

who
on

contravenes conviction

order

shall be fine

liable
not

imprisonment
months
or

of either and

term

exceeding three
or

to

guilty of an tion descripnot exceeding

fine. person

five hundred

dollars

to

both

such

imprisonment
sub-section
or

(iii) Notwithstanding any

licensed from

order
to

under distil

(i), any
any

by

the
so

Government

manufacture
in
as

liquor
for such

rice may, distillation or

the

long

as

such

licence remains class of rice

force, use

manufacture

such

may

be directed

by

Chief

Secretary.
ANNUAL RATE.

Annual

rate

Imposed.

to the exemptions hereinafter provided for, an hereby imposed on all alienated lands in the Federated of meeting the cost of carrying out Malay States for the purpose the provisions of this Enactment and shall be payable, without the dates hereinafter demand, on prescribed, by the registered of such in any where the registered owner lands oA\ncrs or case be found cannot makes default by the person, if any, in occupaor tion the control or or thereof, either having charge, management, annual rate is
on

30.

(i) Subject

his

own

account

or

as

agent of another
exceed
ten

person.
per
acre

(ii)The
and shall

said rate
be fixed

shall not

cents

per

annum

of annually by the Director with the iapjiroval the Chief Secretary and shall shall be notified in the Gazette and be payable on the 1st day of January of the year following that in respect whereof it is payable.

FOOD

PRODUCTION.

639
rule under Section
the

(iii) Except
38, all amounts
rate may be

as

may which

be otherwise
shall in the

provided by
accrued
due in

have
manner

respect of
VI

said
"

recovered

provided
recovery

in Part

of

The

Land 31.
"",

Enactment,
The
""
F

1911,"

for the
this

of rent.
shall not

rate

imposed by

Enactment

be

payable

in

Exemptions
from rate.

respect

oi

(a) land

cultivated, during the

wet rice ;

year

whereto

the

rate

relates,
the

Avith

(") so

much
year land the among

of the
whereto with rice
so

land the
as

of

any

owner

who

has,
any

during

rate is

relates, cultivated

part of his

land

the
;

the area of to twice equal in acreage cultivated, provided that no rubber is planted rice and that the exemption is expressly

claimed

(c)

so

much
whereto with
to

of the
the any

land rate

of any other land

owner

who

relates, cultivated
than
so

has, during the year part of his land any

as

foodstuff of the

rice

is

the

area

cultivated,

equal in provided
and

acreage that no

rubber

the planted among is claimed exemption expressly

is

foodstuff
;

that

the

(d) land

used

for
or

any

purpose

for

religiousor public recreation

not

educational
or

or

charitable cattle
or

for

grazing
in area,

sheep
and

or

goats

(e) pleasure grounds,

appurtenant
held under
acres. a

to

exceeding ten acres a dwelling-house ;

of title for
an

adjoining exceeding

(/) land

document

area

not

five

ARBITRATION 32.

BOARDS. of this Enactment there shall be

an Arbitration

(i) For
five

the

purposes
or more

Arbitration less than

persons

Board
or

Arbitration
than
seven

Boards,
members

each
;

consisting of not
members
time

TO'rfst'itut

the
to

shall be
the

nominated
not

in
more

that

behalf

from

time

by

Chief Board

Secretary, and
shall be Board Chairman the salaried
shall
;

than of the

half

of the

members
;

officers
a

Government

the

of any Chairman

of each
to be in

be

member

nominated
under

by
this

the

Chief

Secretary
be

all nominations

section

shall

notified

Gazette. of Arbitration Boards of

at shall three any at any

(ii)Members

ordinarilyretain
yesirs

their
be at

for a period membership thereof libertyto resign their membership

but

shall

time.
such times

(iii) Every
the Chairman members

such

Board

shall

meet at

and
a

places

as

thereof
a

apjjoints ;
quorum.

meeting

of

Board

three

shall form Chief

(iv) The
the
area

Secretary may
of this in to which

by
any

notification Arbitration
;

in the

Gazette declare
may exercise

in

respect
under

Board

its functions under Board within Section

Enactment

and

33

respect of
exercise
arose.

empowered
which
such

matter any its functions

applicationsand appeals shall lie only to the

in

respect of

the

area

matter

640
(v)
and
The

No.
decision
or

42

OF

1918.
on applicationor any provisions of this section not be called in question

of

Board
to

of Arbitration
it under the

appeal
in any

made Court.

brought

of Section

33 shall be final and

shall

(vi) A
reasonable

Board
sum

of

Arbitration

may

in

its

discretion

allow

for the costs this

section

provisions of
any
Applications and appeals to
Arbitration Boards. sum

the of any appeal brought to it under and but shall not of Section 33 allow any to 9

in

respect of fees of
person

advocate

or

solicitor.
at may caused

33. of the

(i) Any

required
under

place
or

labourers
18 loss

Government Board

Section

Section for any

Arbitration

for

compensation
services

disposal apply to the to him by

the

his
may,

being deprived
as

of the

of such
so

if satisfied that
to

loss has

been

labourers, and the Board such compensation incurred, award

rate

it appears

reasonable. the of wages

may

(ii)Any
Director Arbitration
the

dissatisfied with person under section of this any

fixed

by
to

the
the

Enactment may

appeal
the

Board,
at
a

and

the

Board

order
wages
as or was

payment

of be from

wages
at

different
rate

rate, and

the

shall from

thereupon
the

payable
which effect.

the

ordered

by

the

Board

date
to

the rate

fixed

by

the Director

took,

intended

take,

(iii) Any person

dissatisfied with
estimate

the amount Director and

paid
may such

to

him

on

the

of the

under the

of any compensation this Enactment Board may award

appeal to the compensation

Arbitration
as

Board,

to it appears

reasonable. DECISIONS.

OFFICIAL
Finality of
decisions Director other of and

34. the

Except

as

otherwise Director

decision

of the

expressly provided by or Deputy Director

under this in any

this Enactment, of any other or

shall

oflBcials.

person

exercisingany
be

function

Enactment Court.

be final

and

shall not

called in GENERAL

question

PENALTIES. the
no

General Enactment.

penalty
of

35. of this

Any

person

offending against
for
breach shall

for breacli

Enactment

whereof
be

provisions of any section penalty is otherwise by

to
a

this Enactment
not

provided

hundred exceeding one thereof, to imprisonment exceeding two months.

Penalty
breach for of rules.

liable, on conviction, dollars, or, in default of the

either

fine

payment
term not

of

description for

36. made
not

Any
under

offending against the provisions of any person shall be liable, this Enactment on conviction, to
dollars of either
or,

rule
a

fine

hundred exceeding one thereof, to imprisonment exceeding two months.

in

default

of the
a

payment
term not

description for

MISCELLANEOUS.
Service notices orders. of and

37.

Subject
the issued in

to

the

relating to
orders be served

mode and

of service
made in

under provisions of any rule made or publicationof notices,

any

Section
notices

38
and

State

under

this

Enactment

may within
to

manner

following :
on

(a) if the
such

person

whom
notice

service
or

is to
may

be be

effected

be

State,

the

order

delivered

him

FOOD

PRODUCTION,

641
of his

or a

left with

some

adult

member

family (other than

State
;

servant) residingA\dth him

person
on

within is to

such
be

(6) if the

whom

service

effected

have power notice

an

agent within such attorney to accept

order may

State
service to

duly
on

authorized
his

by

of
or

be delivered
cannot

such
in

behalf, the agent ;

manner

(c) if

service

be

effected

the

described
notice to
or

in

clause
may
on

(a) or
be
sent

clause

(6)of this section, the by registeredpost addressed

is to be

order
person in any

the

whom the

service

effected States
on a

at
or

his residence the

part of
where {(l)
or

Federated
is to

Malay
effected

Colony

service

be

corporation,the
of the

notice

order

may

be

office (1) left at the registered within such State ;

(if any)

corporation

(2) delivered
any

to any

officer of the
person

director, secretary,or other principal such State or to corporation mthin

such

withm

State

duly
service

authorized
on

by
of

power the corporation, or

of attorney to

accept

behalf
on

to any to

of the

corjjoration, powers
over

the

land

person having, of control or ment managewhich the notice or order

behalf

relates ;

(3)

sent at

by registered post addressed its principaloffice wherever

be effected in accordance
or

to the situate

corporation
;

(e) if service
clauses

camiot

with order
to

the

preceding
be

of this section, the notice

the

may

in 38. The

conspicuous positionon

land

which

put up it relates.
Euies.

time from make rules for to time Secretary may carrying out and giving effect to the various fully and effectually and in this Enactment contained, and powers purposes, provisions, such rules when published in the Gazette shall have the force of law.

Chief

Such

rules may

provide
of service under the

for

(a) the mode

issued rule made

publication of any notice provisions of this Enactment

or

or or

order of any

thereunder
powers
;

(6)

prescribingthe Deputy
under

and

duties

of the

Director

and

of

Directors

the fees,if any, (c) prescribing

this

to be

paid

for

permits or

licenses

Enactment
manner

{(l) regulating the

in

respect of the

rate

of collecting accrued amounts imposed by this Enactment ; of Boards under the of Arbitration
this
;

due

(e) regulating the

proceedmgs
forms
to

(/)prescribingthe
{g) all other
39. A translated
in"

be used with

Enactment

matters

connected

enforcement

of this

Enactment.

paraphrase of the provisions of this into Malay, Chinese, and Tamil,

41

Enactment and

shall be of such

Translation E"^='^"ient.

of

copies

642

No.

42

OF

1918.

translation cultivators

shall
in

be

distributed
manner as

for
the

the

information
may

of

Asiatic

such

Director

determine.

40.
Provisions actions.
as

(i)
donc

No
or

action

shall

be

brought
to

to

against
be done

any in this

person
the

for
exercise

anyor

thing supposed
any

bond of

fide
the

intended
powers

exercise

given

by

Enactment

or

by

rules

made

thereunder
"

(a)

without in

giving writing
;

to

such the

person intended

one

month's

previous
and

notice

of

action,

of

the

cause

thereof

{h)

after accrual

the

expiration
of the
cause

of

three

months

from

the

date

of

the

of

action

(c)

after

tender

of

sufficient

amends.

(ii)
the

In

every

action

so

brought

it

shall

be
or

expresslj'^

alleged
and without

that

defendant
or

acted

either
cause,

maliciouslj'^
and

negligently
trial,
shall
the

reasonable fail
to prove

probable
such

if,

at

the

plaintiff given
for

shall the

allegation

judgment

be

defendant.

(iii) Though
action,
unless

judgment plaintiff
Court of the before action. shall

shall
not

be

given
have the

for
costs

the

plaintiff
the shall

in

any

such

such
the

against
is

defendant

which

action

tried

certify

its

approbation

ENACTMENT An Enactment
to

NO. the

OF

1919. Commissioner
to

empower

High

delegate statutorypowers.
Arthur President
It is

Young, of the Federal

enacted follows

[8th May,
Council. Rulers of the
21st

1919.

May, 1919.] Malay

States

hereby
as

by
:
"

the

Federated

in Council

1. This

Enactment Gazette.

may

be

cited
come

"

as

The

Enactment,
thereof 2. The
time to

1919," and

shall

into

force

Delegation of Powers sh ort title and the publication commencement. on

fit,from
Chief
time to

in the

High

Commissioner
in the

may,
Gazette

if he

thinks

Delegation
p^^^''^-

of

by

notification

delegate to

the

Secretary

in the notification who officer named to any Government, or holds, or is acting temporarily in, the office of Chief Secretary to the High Commissioner vested m Government, by any any power AVTitten time and at law, by notification in the Gazette may any

revoke 3.

any

such

delegation.
in exercise such

Anything done,
the

of

power

2, by
same

officer to whom efiect

as

force and 4. No

if it

were

power done under

is

delegated under Section delegated shall have the by the High Commissioner.
this Enactment of such power. shall affect

Exercise

of

powers.

the

delegationof any exercise by the High

power

Exercise notwuh-

of

Commissioner

standing delegation.

643

ENACTMENT

NO.

OF

1919.

An

Enactment

relating

to

Change

of Names.

Arthur

Young,
President

[8th
the Federal Council.
21st

of

May, May, Malay

1919.

1919.]
States

It
in

is

hereby
as

enacted follows

by
:
"

the

Rulers

of

the

Federated

Council 1. This

Short
commence-

title

and

Enactment

rnay and shall

be

cited
come

"

as

The force

Change
on

of

Names

ment.

Enactment,
thereof 2.
or a

1919,"
the

into

the

publication

in

Gazette.

Change
from
on

of that

name

(i) Any

person

who,
Ruler
or

not

being
any
or

natural
the

born

British

subject
States,
use,
or or use or

used

4th

August,

subject
any purpose

of

the
assumes

of

of

Federated
to the
was assume

Malay assumption ordinarily

1914, prohit)ited.

for

uses,

purports
1919,
he

contmues

after
name

the other

first than

day
that

of

June,

of, any
on

by

which be

known

the

4th

day

of

August,

1914,

shall

guilty

of

an

offence

against

this

Enactment.
any to
on,

(ii) Where
or

such
carry
or

person
on,
or

as

aforesaid member
or

carries of
a

on,

or

purports
or

continues carries
or or

is

partnership
to

firm
any the

Avhich trade trade

which
any

purports
name on

continues
than that

busmess business for

the

in
was

other
on

on, carry under which

carried of this

the

4th
be
name

day

of

August,
to be

1914,

lie shall
or

purpose

Enactment
use,
on a

deemed other

purporting
he
was

which

or continuing ordinarily known

to

than

using, that by

the

4th

day

of
may,

August,
if
it

1914.

(iii) The
desirable
in

Chief
any this

Secretary particular
Enactment. of
one

to
case,

Government

appears

grant

an

exemption

from

the

provisions
(iv) For
within
a

of

the State

purposes

this of the

Enactment Federated of
such

every

Asiatic States

born shall be

which
a

is

Malay
State.

deemed

to

be

subject
in

of

the

Ruler

(v) Nothing {a) affect

use,

this

Enactment
or

shall
use,

"

the of

assumption
any
name

or

continued of
a

in

pursuance
;
or

License

assumption granted

or

by

His

Britannic the

Majesty
of
to

{h)

affect Chief
name

continuance

the

use,

until
has

the been

decision

of

the

Secretary
in

Government
which
an

respect
before the

of

application
of

for
;

a given, exemj^tion

of

is made

first
or

day
use

June,
a

1919

or

(c) prevent
husband's

the

assumption
name

by

married

woman

of

her

or

G44

ENACTMENT
As amended

NO.
by
Fed.

5
E,
8

OF
of

1919.
1920.

An

Enactment Enactment

to

repeal
5 of the

and

re-enact

with

amendments Enactment
in
to

No.

1909,
of

provide
Eubber.

for

control

being an dealings

Cultivated

Aethttr

Young,

[8th
the Federal Council. 21st

May, May, Malay

1919.

President

of

1919.]
States

It in

is

hereby
as

enacted follows Enactment

by
:
"

the

Rulers

of

the

Federated

Council 1.

Short

title, repeal.

(i) This
in the

may

be
come

cited into

"

as

The
on

Rubber the

Dealers

commencement,
and

Enactment,
thereof

1919,"

and

shall

force

publication

Gazette.

the (ii)Upon specified

coming
in

into A

force shall

of be

this

Enactment
;

the

ments Enactthat
all

Schedule licenses

repealed
acts

provided
in

appointments
under
any

made,
the

issued, and

of

registration
force

effected ately immediso

Enactment to not to

hereby
commencement

repealed
of with the

which this

were

prior
as

Enactment of this effected

shall,
under

far

they

are

inconsistent

provisions
and

Enactment,
this

be

deemed

have

been

made,

issued,

Enactment.

(iii)None
cultivated rubber. 2.
"

of rubber

the shall

provisions apply
to

of the

this seeds

Enactment
or

relating
of cultivated

to

stumps

Interpretation.

In

this

Enactment rubber
"

"

Cultivated

includes
or

the
on

leaves, bark,
alienated land

latex,

and

any

other
or

produce of any plant gutta percha in any form

License the
"

tree
;

yielding

rubber

"

means

license
a

under license
a

this is

Enactment,

and

"

licensee

"

means

person dealer rubber

to
"

whom
means

given

"

Licensed

licensee

holding

license

to

purchase

cultivated
"

;
"

Licensing
includes the
in

Officer

means

the there may,

District
is
no

and
as

districts of the

where State
;

Resident in that with

by

in every district, Officer such person notification in the Gazette, District

Officer

appoint
"

behalf its
to

Treat,"
bo

grammatical
any process

variations whatsoever.
646

and

cognate

expressions,

means

subject

RUBBER

DEALERS.

647
in that

3. No

person

shall,unless duly licensed

any

behalf

Prohibition

of

(a) purchase (o) keep (c) keep

than
own

cultivated

rubber for the

purchase, treatment, or storage except

any

factory or place
rubber
;

purpose

of

treating cultiof purpose rubber other land

in his

under

licease.

vated
any

house, store, shop,

or as

or

place
or

for the

purchasing
such

storing therein
has been grown

any

cultivated

produced
cultivated

on

occupation.
that every license
a

Provided include
the
or

to

purchase
store, also
every

rubber

shall

right to keep

house,

purchase
the

treatment

storage thereof, and thereof, and that

or

place for the treatment to keep a house, store,

4. (i) A
issued
a

of cultivated

shop, or place for the to keep a factory or place for license to keep a factory or rubber shall include the right
cultivated rubber be of of

place for
and

the storage thereof.

may
Form and

license
the
one

to

store

treat upon

by
of

Licensing
dollar and

Officer
shall

fee

be

application and substantially in

payment
the form

fj^ense?^

Schedule

B. be of
the

the
one

A license to purchase cultivated rubber (ii) may Licensing Officer upon application and payment hundred and dollars shall be substantially in

issued
a

by
of
of

fee

form

Schedule therefor for the

such C ; but no license shall be issued until the applicant shall have entered with sureties conditioned into bond a due

performance of the obligationsimposed upon a licensee shall be for such and sum Every such bond in such form as the Resident of the State, with the approval of the Chief Secretary to Government, time from to time prescribe. may by
this Enactment.

(iii) Every
the the
year in

license

shall

expire

on

the

31st

day

of December valid

of for

respect of which
purpose licensee shall

it is issued

and

shall be

only

place

and

therein. specified

(iv) No
authorize license.

any

other person

transferor attempt to transferMs license or under the to exercise rightor privilege any
shall

b.

8 of 1920.

servant

Nothiyig in this performing

(v) Whenever

sub-section any
act

authorized

apply to a bona by the license on

the

fide agent

or

behalfof

the

licensee.
any
or

licensee would rules made

be liable under thereunder

provisionsof

to any of any fine or forfeiture for any act, omission, neglect,or default,he shall be liable to the same or default of fineor forfeiture for every similar act, omission, neglect, of his business agent or servant employed by him in the course any
as

this Enactment

such

licensee. in
or

Nothing
such

this
servant

sub-section

shall

be
or

construed

as

relievingany
which he would

agent

from

any

fine

to forfeiture

otherioise be liable. 5. (i) The license to any

so

Licensing
person

Officer
reasons

for

may to

refuse be stated

to

issue

or

renew

power *"
'^"""

to refuse hcense.

by

him

in

writing,if

required by

the

applicant or

licensee.

648

No.

OF

1919.

The with the approval of the Chief (ii) Licensing Officer may, is the to refuse Government, Secretary a license to any person who is of under for or obligation or agreement to act agent any any he is satisfied is which individual, corporation, or combination control of the output of, attempting or about to attempt to secure
or

the market 6. (i) The

for, any

cultivated Officer
may

rubber. cancel
any license at any

Power license.

to cancel

Licensing
any

time

ujjon

the
or

conviction
on

of the licensee

charge involving

this Enactment of any offence under fraudulent dealing.

the

with the approval of (ii)If the Chief Secretary to Government, High Commissioner, shall certifythat he is satisfied that any

is acting "with a view himself or any to enable individual, to secure control of the output of, or corporation,or combination the market for, any cultivated rubber, it shall be the duty of the the behalf from in that Licensing Officer,on receivingmstructions Chief Secretary to Government, to cancel the license of such licensee.
Duties licensee. of

licensee

7. (i) Every licensee shall keep his license posted in a conspicuous place in the building or place licensed and shall allow at all times the inspection of such building or place by the- Licensing Officer or officer of the Land or or Magistrate Department any any rank below the officer not AgriculturalDepartment or any police of Inspector. No (ii) than
same

licensed

dealer

at the at
an

place where
auction
"

his license is

sale The

purchase cultivated rubber elsewhere posted, unless he purchase the conducted by an auctioneer licensed under
shall Auction
or or

the

provisions of
wherein of
a

Sales

Enactment,
of Land VI

1905," of the
the
in

State order

the sale is held Court

competent
powers

by by

a a

public officer acting under

Collector Revenue
"

exercise

of the

vested

in him

by

Part

of

The

Land

Enactment,

1911."

of any such officer as is (iii) Every licensee shall,on the demand mentioned in sub-section (i), produce for inspection all cultivated rubber his premises. on
Entry
scarcii. and

(iv) Any
and may

such search rubber

officer

as

aforesaid

may

enter

any

licensed
to

place,
that

cultivated sub-section

any is secreted

such

place

if he

has

reason

believe

therein

in breach

of the

provisions of

(iii).
licensee shall

books 8. (i) Every ^^ic^e^nsees-

sliall in which keep books of account day by day following particularsconcerning all purchases, sales,shipments, and other consignments of cultivated

be

entered

the

rubber

(a) the date

of

purchase, sale, or
address of the

consignment

(6) the
(r) the

name

and

or consignee ; purchaser,seller,

weight

and

description of consigned
of
;
or

the

cultivated

rubber

chased, pur-

sold, or
in (d) the i)rice,
cases

purchase
Avas

sale ;
on w

(e) the number

and

descriptionof
rubber

the title to the land

or

Inch

the cultivated

grown

produced.

RUBBER

DEALERS.

649

(ii) Every
mentioned books

licensee

in sub-section him

of any such officer as is shall,on the demand (i)of Section 7, produce for inspectionall
the

kept by
be

under thereof. book

provisions of

this section

and

allow

copies to
year

made
such

(iii) Every
from
the

shall be

date

of its last

preserved by the licensee for one being used for the making of an entry
an

therein.
who shall sell at 9. (i) Every auctioneer shall keep books of account rubber auction in

sale shall

any

Auctioneers*

cultivated entered

which
are

be

|j^""^ujj"^

similar day by day particulars of Section (i)

8

to

those in the

which

required
a

by
who

sub-section

8 to be entered

books

of

licensee

shall sell cultivated of Section (iii) he

were a

rubber,
shall
"

and

the to

provisions of sub-sections
every such auctioneer
as

(ii)and

apply

though

licensee.

(ii)Every

auctioneer

sha-ll deliver
at
an

to

purchase
a

cultivated

rubber the

auction

shall who every person sale conducted by him which shall contain the

Auctioneer

to

lu'^hority?

authority for particularsprescribed in

written

sale thereof 10.

Section
shall

10.

(i) No
upon

licensed

dealer him
an

purchase
the

any
or,

cultivated
in

rubber of
an a

written ^""^ saie^o"*^"*"

except
auction Avritten

delivery to
under the

by

vendor

the

case

sale held

order
sale

of Court,

by

the

auctioneer

of

consignment.

authority for

thereof. cultivated
a

(ii)No forwarding agent shall receive any delivery to him by the consignor of except upon
for the

rubber

written

authority
shall

despatch
:

thereof.

The (iii) contain

A\Titten

authority prescribed by
a

this

section

(a) the signature or chop of of his license,or,

licensed

dealer

and

the

number

(6) the

signature or
land
on

cho'pof
which

the

person

in lawful rubber

occupation
was

of
or

the

the

cultivated

grown

produced, or of his duly authorized agent, together with the land of the title for such description and number and the number of the certificate of registration relating thereto prescribed by Section 12, or
(c) the

signature, in
an was

the

case

of

sale

of

cultivated

rubber such

under

order

of Court,

of the

auctioneer

by

whom

sale

conducted, dealer and

every

(iv) Every
receive preserve

of any 11. whom

forwarding agent who shall shall written a authority as prescribed by this section and for the inspection the same shall produce it on demand of Section 7. in sub-section such officer as is mentioned (i)
licensed licensed dealer shall
deliver to shall

Every
he

andum and

purchase anj^ bearing his signature or chop settingforth (a) the date of the purchase, of the vendor, and (b) the name
"

cultivated and

rubber the

person every written a

from
memor-

Written

f?ompurch"er
*"

number

of his license

vendor-

(c) the

weight

and

of description

the

cultivated

rubber

chased. pur-

650
Such memorandum
him
on

No.
shall be demand

OF

1919.
and

produced by
as

preserved by the vendor for the inspection of any

of Section (i)

shall be officer

such

is mentioned

in sub-section

7.

Provided

that

nothing
such
at
an

in this section sale held

shall be deemed
case an

the deliveryof any

cultivated rubber

memorandum
auction

in the

of the order

require purchase of
to

under

of Court

or

by
Cultivation rubber to be of

Collector

of Land person
month

Revenue. who of shall cultivate

in every

12. shall
such

registered.

(i) Every during the

cultivation
one

rubber
year, of this
or

on

alienated
commences

land then the

to

January
so

if he

after the after his

commencement

Enactment

within month the

land

month

January in every officer in charge of the

is

of

commencing and year, give notice

office of the such

thereaiter of such

during

cultivation

land

district in which
with trees

such to

situated, and
under
as

shall furnish

information of rubber

respect
thereon

the

area

cultivation, the number

officer may

and

otherwise

such

require. thereupon
to enter

(ii)The

said officer shall

so

in

to register

be

kept
is
so

by

him

the information for the

furnished, making
the land
to the

in serial order
on a

separate
his

entries

respective titles
shall deliver

which

rubber

cultivated, and
hand
the

cultivator

certificate under

of such

entry
may
a

in the

bearing a serial registration register ; provided that

of the cultivation discretion
in

number after the

on

corresponding to fiist registration

any

imder
officer

this section
at

of rubber

land

the said of of rubber

his

making
on

such

fresh entry in the said land and issuing a fresh cultivation

on

subsequent year, any of the cultivation register

certificate
on

instead

in

respect thereof,
land

the continued register under

to relating

of rubber

such

by
said

ment endorse-

his hand such land

the
on

and

the certificate

previous entry register corresponding thereto.

in the this section under shall be

The (iii)
the

certificate
to whom

prescribedby
it is delivered
on

preserved by
and (ii),

person

sub-section

shall officer

be
as

produced by
is mentioned

him

demand

in sub-section

inspection of any of Section 7. (i)

contravene

for the

such

who (iv) Any person sub-section (i)or

on

shall

the
an

provisions
offence

of

section subliable

shall be (iii)

guilty of

and

conviction 13.

to
as

fine not

exceeding twenty-five dollars.

in

Penalty
breach Enactment.

for of

Except
any
an

provided
of the and

Section

12, any
to
a

person

who

shall be

commit

breach offence

provisions of this
on

Enactment fine not

shall

guilty of
one

liable

conviction

exceeding
of the with Chief the

thousand 14. In any

to

dollars. State the Resident make

may,

Rules.

with

the

approval
inconsistent

Government, Secretary provisions of this Enactment,

rules,

not

(a) for further securingthe effectual control of the sale,purchase, storage, and disposal of cultivated rubber and the prevention
of fraud
in connection

therewith

{h) for
(c) for

regulating or
rubber

controllingthe
;

methods

of treatment

of

cultivated

prescribingthe

forms

of books

of account

RUBBER

DEALERS.

651
the

(d) generally
Enactment and law. 15.
any

for
;

carrying published

into

effect

provisions

of

this

such

rules when

in the Gazette shall have

the force of

Any
on

rule made

shall commit person who under this Enactment

to
a a

of the provisionsof any breach shall be guiltyof an offence and hundred

Penalty

for

'"'"*"'' "^ ''"'^^"

liable when
ten

conviction breach
is

fine not

exceeding one
to
a

dollars,and,

the

dollars for every When

a

continuing one, day during which

is con\acted

further breach

fine not

exceeding

such breach

shall continue.
Forfeiture rubber breach for of rule. of

16.

this Enactment
treated

person for

of

regulating
of any

or

of any rule made under the methods of ment treatcontrolling

a

of cultivated

rubber, any
person

rubber
such

treated which

or

in

course

of

being
in the
viction con-

in contravention

rule

possession of such
is had
so

shall,if the

Court
to the

may before

be found which

the

orders, be forfeited

Government,

17. In any State the Resident with the approval of the Chief Power to may, prohibit Secretary to Government, prohibit by notification in the Gazette exportation of treated rubber either generally or subject to such exceptions and qualifications, of in breach if any, in of be stated the notification the as rule. exportation may cultivated breach rubber
in

respect of

the

treatment

whereof

there

has

been

of any rule made this Enactment under a of treatment of cultivated controllmg the methods 18.
the

for

regulating or

rubber.
jurisdiction.

AU

Court
power

have 19.
any

before be had prosecutions under this Enactment may of a Magistrate of the First Class, and such shall Court this Enactment. to impose any penalty provided by
5

person

Except in the cases referred to in Section aggrieved by any refusal or order

this Enactment
or

under
the

Resident and

of the State the

no

rules any in which

and Section 6(ii),Appeal fi'om (ii) Licensing a Licensing Officer Officer to made thereunder appeal to Resident. may such refusal or order was given or of thereon shall be final ; after the

made,

decision such

of

the

Resident

provided of sixty days

20. done

that

appeal

shall be admitted
or

from
action

the date

of the refusal

order

expiration appealed against.

Protection officers of

(i)No
or

bond

exercise of the thereunder

"

for anything shall be brought against any person in the exercise to be done or supposed fideintended made rules this Enactment or by by given any powers

(a) without giving to in writing of the (6) after

In (ii) the accrual
every

such person one intended action of three

month's and of the from

previous
cause

notice
;

thereof date of the

expiration
of the such
cause

months

the

of action.
it shall

expressly allegedthat the acted either maliciously or negligently and without shall reasonable and if at the trial the plaintiff or probable cause, fail to prove such allegation judgment shall be given for the
action

be

defendant

defendant.

(iii) Though
the Court

judgment

be

given
have

shall not action, the plaintiff before which of the action.

the action

in any such the plaintiff unless against the defendant is tried shall certify its approbation

for

costs

652

No.

OF

1919.

Schedule ENACTMENTS

A. REPEALED.

Schedule "THE RUBBER DEALERS License License is

B.

ENACTMENT,
to

1919."

Treat.

in the District of at hereby given to hereunder the 19. of to keep during the year specified place rubber cultivated therein of and for the treating storing purpose Dealers the Rubber of The Enactment, according to provisions
.

"

1919."

Description
Fee Dated

of

place.

$1.
this

day

of
.

19.

Licensing Officer.
Schedule "THE RUBBER DEALERS License License is C.

ENACTMENT,
to

1019."

Purchase.

in the District of at hereby given to 19.., of to rubber, during the year purchase cultivated the and is to the that to within place keep following area say of purchasing and hereunder storing and specifiedfor the puri)ose rubber cultivated according to the provisions of treating therein
"

"

The

Rubber

Dealers of

Enactment,

1919."

Description
Fee Dated

place

$100.
this

day

of

19
. . .

Licensing Officer.

654
manner

No.
at
no or

9
same

OF

1919.
are

in which

the

to

be

delivered

provided
of the

that

within notice

or particulars a period of less requiringthe same.

information than
three

shall be months

required to

be furnished

after the service

shall person information particulars

or or

(iii)No

be

required
than such

or as

bound
are

to

furnish
to him

any

other

accessible

in,
on

derivable the he is

by

him

from, business, occupation, or

in

work, carried
or

in

Federated

which
Prohibition

Malay States, engaged.

individual individual
return

the

conduct

supervision of

against
publishint;
individual returns.

5. (i) No part of an

of

information, or particulars

and
to

no

return,

furnished, and

no

answer

any

shall,without the question put, for the purposes of this Enactment for the time in writing of the owner being of the previous consent furnished was undertaking in relation to which the return or answer or given, be published,nor, except for the purposes of a prosecution under shall any not engaged in connection this Enactment, person this Enactment with the collection or preparation of statistics under be permitted to see any such individual return or any such part of an
individual
return.

the collection or with (ii)Every person engaged in connection shall be required to preparation of statistics under this Enactment in the prescribedform that he will not disclose or, make a declaration

except for
of any

the

purposes

of this Enactment,
return
answer as or

make and

use

of the contents
an

such
or

individual such

any

such
;

part of
any

individual

return,
made

any laiowingly acts

aforesaid

in contravention

prisonment conviction to imliable on guilty of an for not one term a exceeding description year, to a fine not dollars, or to both such or exceeding two thousand imprisonment and fine.

shall be

of any offence and

declaration

who person he has so which

of either

It shall be the duty of the Chief Secretary to Government, (iii)

in

preparing
circumstances

rules

under

this

of various

due regard to the to have Enactment, to trades and industries, and in particular

importance of avoiding the disclosure In any return of any trade the disclosure of any other information of trading profits, or or be likely to tend of which would to the prejudice of the person furnishingthe return.
the
secret

of statistics, or other publication (iv) In any report, summary trade or reference with to any this Enactment prepared under comprised in any individual return shall not industry,the particulars which be disclosed in any manner whatever, or arranged in any way so would enable any j)erson to identifyany particulars published as business. or relatingto any mdividual being particulars person of any information person, having possession of the disclosed in contravention his knowledge has been

(v) If

any

which

to

provisions

of this section, publishes or such information, he shall

conviction to
one

communicates
be

to any

other

guilty

of

an

offence

any person liable on and term not

imprisonment
year
or

of either and

exceeding
or

to

fine not

for a descriiDtion exceeding two thousand

dollars

to both

such

imprisonment

fine.

BUREAU

OF

STATISTICS.

655
information

under

6. If any person required to furnish this Enactment refuses (a) wilfully

the

any

or particulars

offences

and

penalties.

lawful excuse without or neglects to furnish particularsor information required within the time the same allowed for furnishing the same, to furnish or the in the form authenticate or specified prescribed,or to in the prescribed manner, to deliver the same at same or the specified or prescribed for place or in the manner the delivery thereof, or
or causes

(b) wilfully furnishes particulars or in the specified

to

to in

be

furnished

any

false

information
notice
or

matter respect of. any of information requiringparticulars

be

furnished,

(c) refuses

to answer, or wilfullygives a false for obtaining any question necessary particulars required to be furnished under

answer

to, any
or

information this Enactment,

to
a

he
not

shall

guilty of an exceeding one hundred

be to
a

offence

and

liable
and

on

conviction
case

fine

dollars

in the

of

offence

further
the and

fine not
the

exceedmg
in

fiftydollars
be

for each

durmg
until
or

which

offence continues, and

answers

respect of false
deemed have
been

continuing day particulars,

continue

information
true

offence
or

shall
answers

to

information particulars,

furnished

given.
7. under issued Section under
8
Service notices. o"

Subject to the provisions of any rule made of service of notices, notices relatingto the mode Enactment be served in manner following : may
(a) if
the the to person
on

this

whom

service

is to

be

effected
may

be

within

Federated him
or

Malay States,
left with
a some

the

notice

be of

delivered

adult

member him

his

family
said

(other than
States
;

servant)
whom

residing with
service is to

^vithin the

(b)

if the

person agent withm

on

be

effected

have

an

the

Federated

Malay

States
on

duly
his

authorized

by
(c) if

power may

notice
service

of attorney to accept service be delivered to such agent ; be clause effected

in the
manner

behalf, the
in may
on

cannot

described
notice

clause
be sent

(a)

or

(b) of this
effected States
on

section, the
to

by registered post
service
is to be

addressed
at

the

person
in any
;

whom of the where (fZ)

or

his residence
or

part
notice

Federated
is to

Malay
be

the

Colony

service

effected

corporation,the
the
;

order

may

be office (if registered any) of Federated Malay States

(1) left

at the

corporation

Avithin

the

(2) delivered

to any

director,secretary, or other principal

officer of

the

corporation
or

within

the within

Federated
the

Malay
States

States

to

any

person

said
to

duly
person

authorized
on

by

accept
to any

service

behalf

of

power the

of attorney

having, on

behalf

of the

corporation, or corporation,

656

No.

or

1919.

powers

of

control

or

management
or

over

the which

ness, busi-

occupation,
notice relates
;

work,

matter

to

tho

(3)

sent at

by
its

registered principal
be effected

post
office
in

addressed wherever accordance

notice may

to

the

corporation
;

situate with
be

(e)

if service clauses

cannot

the

preceding
up in
a

of

this

section,
on

the the

put
or or

conspicuous
on or

position
the notice the

land,

premises,
work,

building
matter

in

which

business,
relates
is

occupation,
carried
on.

to

which

8.
ji^jes.

(i)

The

Chief

Secretary
the

to

Government and
in

may

make

rules of
the
or

(a) for

regulating
of of

establishment either

control

said pendently indeto to

;

Bureau

Statistics
any

connection

with the

other

public

department,
the to

staff

be

employed performed, (h)

for

in

connection

there\vith,

duties be issued

be

and
the at

the

publications
forms
in in which the

(if any)
and

prescribing
manners

which

the
or

times,

places,

and shall shall shall

and

particulars
manner

information the
same

be be

furnished, authenticated, served,

is to

and

in
manner

which
in

and
any

the other
;

which under

notices this

be

and be

thing

which

Enactment

prescribed
the this

(c) for

exempting

from under

obligation
Enactment,
and

to

furnish either

particulars wholly
or

or

information the

to
or

prescribed
to

extent,

either

unconditiona.lly
any

subject

the class

prescribed
of persons
this

conditions,
;

persons

or

any

prescribed (d) generally (ii)

Gazette force All and and rules from effect such
as

for made the if

carrymg under date of had

be

Enactment section shall

into be
shall in

effect.

this such

published
have

in

the

publication
enacted before and the

the

same

they
shall

been laid

this

Enactment. Council
to at

(iii) All
first force

rules after

Federal
cease

the
any

meetmg
or

such

publication by

shall of
the

have

effect rule
come

if disalloAved
may into

resolution

said
the date

Council. Council

(iv) Any
and shall

be

altered
as

by
altered have

resolution from
same

of the force

Federal of the effect

force and
in

passing
as

of had

such been

resolution enacted

shall this

the

and

if it

Enactment.

ENACTMENT

NO.

10

OF

1919.

An

Enactment
on

of

provide temporarily against the carrying in the Federated Malay States banking business
to

by
of

certain the

classes
war.

of

persons

after

the

termination

present
Young,

Arthur

[8th

May,

1919.]

President

of

the Federal

Council.

It in

is

hereby
as

enacted follows

by
:
"

the

Rulers

of

the

Federated

Malay

States

Council 1. This

Enactment 1919." Enactment

ma}^

be

cited

"

as

The

Banking

(Restriction)

short

title.

Enactment,
2. In
this

interpretation.
means

"Chief Federated
"

Secretary" Malay
"

the

Chief

Secretary

to

Government,

States
any

enemy

means

person

or

body

of

persons,
in
an

of
enemy

whatever

nationality,
and mcludes

resident
any

or carrying on incorporated company

business
or

State,

body
an

of

incorporated)
"

carrying

on

business
"

in

enemy

persons State

ever (wher;

enemy-controlled
{a) where
the enemy the

corporation
of the

means

any
or

corporation
persons
name

majority
of

directors

the

occupying
called,
are

position

directors,
;
or

by

whatever

subjects
it appears to

(b)

where of
who
or

the

High
or or

Commissioner
is in the

that

the of

majority
persons powers

the
are

voting
enemy

power

shares who

hands their

subjects
shares
are

exercise
or

voting
on

hold

the who

directly

indirectly
;
or

behalf

of

persons

enemy is
are

subjects
any
means

(c) where

the

control who
executive

by
enemy is
an

whatever
;
or

in

the

hands

of persons

subjects

{d)

where

the the

enemy-controlled
are

majority of the executive enemy-controlled corporation ;

"

where

corporation appointed by

or an

enemy is
now
"

State
war

"

means

State

with

which

His

Britannic

Majesty

at

;
"

and of

enemy includes
such
"

subject
a

means

subject

or

citizen

of

an

enemy to the

State
laws

body
;
"

corporate

constituted

according

State

enemy

territory
*

means

the
the

territory
of

of

an

enemy
1919.

State.

Published

in

Gazette
657

May

21st,

Ill"

42

658
3. (i) During of termination
the the

No.

10
of

OF

1919.
years
war

Restrictions

on

period
present

five
of

immediately
between and
His

after
until

the
the

carrying banking
businesses the

on

state

Britannic shall be

for

Majesty
Federal carried

and

the

Central otherwise the

European
determine

Powers
no

thereafter business

benefit
the

of, or

under control enemies the

war.

CouncU
on

banking
States

of,
after

within
a

Federated which is

Malay
an

(a) by

within

company the
or

enemy-controlled corporation
Enactment business
;
or

meaning

of this

{})) by
to

firm
the

individual, if the

carried

on

appears
enemy wise, other-

to be, by reason High Commissioner of that firm association nationalityor enemy

or

of the
or

individual,
or

of the the

members
on

of that

firm
or

or

any

of them,
the

carried under

wholly
of enemy

control

mainly subjects. carrying on

shall be

for

benefit

of

or

(ii)If any person is concerned in contravention of sub-section

and

in

any

such
an

business offence

he (i),

guilty of
to

liable

(a)

on

conviction
of not
ten

before

the

Supreme
a

Court
not to
a

imprisonment
four and

either
more

descriptionfor
than
seven

term
or

less than fine not

thousand
or

dollars

or

years to both

such

exceeding imprisonment and

of
a

fine ;

(b) on

conviction summary of the First Class to for

a

before

the

Court twelve dollars

imprisonment
extend
to

of either

Magistrate description
or

term

which

may

months
or

to

exceeding imprisonment and

(c)
to forfeit the the

fine not

five thousand fine ;

money

to

both

such

and

goods
was

or

(if any)

with

respect
that any

to which

offence

committed.
to the in

Where (iii) business Commissioner Commissioner

Execution order of of

it appears is carried on shall may the

High

Commissioner of this
to
or

contravention the

section, the
up.

order
at

business revoke

be wound
vary any

banking High The High

order.

any

time

such

for the

winding
a

up business.

under order makes High Commissioner any time time the at at same or Secretary may any subsequently appoint a controller to control and supervise the the carrying out of the order and, if the case requires,to conduct of where it the and in business, case winding up any appears as expedient to the Chief Secretary, the Chief Secretary may, occasion are as requires, confer on the controller such powers exercisable by a liquidator in a voluntary winding up of a company in the of the company, name (includingpower firm, or individual, Section

4. (i) Where

3, the

Chief

or

in his

own

name,

to convey

or

transfer

any

property, and
thereof

power

to

to determine or a Supreme judge in the the of question arising order), or those any carrying out such as modifications, restrictions, or extensions subject to powers the Chief Secretary thinks convenient for the purpose or necessary of giving full effect to the order ; and of and the remuneration and the costs, charges, incurred controller, to such by expenses be amount as approved by the Chief Secretary, shall be may the of of the business and shall be charged on assets defrayed out such assets in priorityto any other charges thereon. to

apply

the

Court

BANKING

(restriction).
if the Chief

659

An

official receiver controller. distribution of any

to

may,

Secretary

thinks

fit,be

appointed
The (ii)
the
same

of any
assets

sums

or

other

from property resulting shall be

are

subject to the applicable to the distribution of the assets of a company is being wound which up, and those assets shall, so far as they are available for discharging unsecured debts, be applied in dischargingsuch debts due to creditors who enemies in priority to the unsecured not due debts are to creditors who enemies and the after for are balance, providing ; any shall be distributed discharge of liabilities, amongst the persons interested therein in such manner the Chief Secretary may direct. as
rules
as

realization

of the

business

preferential payments

as

Where (iii) the controller those whether

assets

there
shall

are cause

assets
an

of the

business
to be

enemy

territory,
of
to

estimate

prepared
business

of the value

and

also of the
or

liabilities of the
in enemy

creditors,
of

secured

unsecured,

and territory,

of the claims

in enemy of persons territoryto participatein the balance available such for distribution, and any

distribution

liabilities and deemed of

to have

claims been

shall, for the

out the

purposes assets

of this section, be
so

satisfied

of such

far

as

they

are

capable
and

bearing
shall
A

them, and
alone
rank

balance

(ifany),
as

of such other
the

liabilities assets amount

claims business.

certificate

by

for pa3Tiient out the controller balance

the

of the
to

of the of such

bilities, assets, lia-

claims, and

shall be for

conclusive

for the

determining
and
in the

sums

available

discharging the
persons

of purpose other liabilities be interested

for distribution business that of and of the

:

amongst

other

claiming to

Provided creditors the

assets

nothing
other

in this

provision shall
in

affect the business

business

interested the persons in enemy territory.

rights of against

(iv) The Chief Secretary may, on application for the purpose this section, after being made by a controller appointed under be made considering the applicationand any objection which may who him to be to by any person interested, grant him a appears release ; and an order of the Chief Secretaryreleasing the controller shall discharge him from all liability in respect of any act done or default made by him m the exercise and jaerformance of his powers
and duties
that
as

controller, but
was

any

such
or

order

may

be

revoked

on

proof

it

obtained fact. under

on

by

fraud

by suppression or
has been made
as

ment conceal-

of any

material
an

(v) Where
the

order

Section
any

respects
no

business

carried

by

company,

firm, or

individual,

petitionfor the winding up of such company, or insolvency application or bankruptcy petition against such firm or individual, shall be presented, or resolution for the winding up of such company for the enforcement of or the passed, steps rights of any creditors
of the
the

firm, or individual the consent of taken, without company, Chief Secretary,but the Chief Secretary a present petition may

for the
of may
an

winding
under

up

of the

company
3 shall be
a

order

Section up

by the Court, and ground on which

the
the

making

company

be wound

by

the

Court.

660
(vi) Notice
any
Power to order up of of

No.
of the
to be

10
of
an

OF

1919.
order
be

maldng
wound
up

under

Section in the makes

a

requiring
Gazette.
an

business

shall

published

5. In under wound

winding
companies
enemy

where case any this Enactment

the High Commissioner of requirmg the business may

order
to

company

be

up,

the

High

Commissioner

make

an

order

nationality
association.

or

the

and thereupon the Chief to be wound up the winding up ; and the conduct to on a liquidator appoint may it shall be wound if as making of such an order the company up resolution for voluntary had on the date of the order passed a special named as wmding up and had appointed as liquidatorthe person of The in the and the order provisions Companies liquidator ; tions Enactment, 1917," shall apply accordingly subject to the modificacompany
"

requiring Secretary

set
Provisions dissolution
as

forth

in

the

Schedule
time

to

this Enactment.
a

to

of

companies.

appointed liquidatorappointed to conduct a Avindingup under be given by the Chief Secretary Section 5 notice thereof may the receipt of such notice to the Registrar of Comjjanies, and on if so directed the registrar shall forthwith it, and may by register of the company off the register the Chief Secretary strike the name
6. (i) On or under Section
at any 4 or a

after the release of

controller

and

the

company
a

shall be dissolved.
company has been

(ii)Where
or

dissolved
to which

by
an

virtue

where

under
254

company Section 3 has

with been

respect
removed

order

has

of this section, been made

from

Companies Enactment, void order declarmg the dissolution the the register shall be made without and the Registrar of Companies may
with
a name

of ." The

under Section register no application for an to or restoring the company of the Chief Secretary, consent refuse to register any company the

1917,"

the

same

as

or

similar

to

that

of the

company

so

dissolved.
Provisions
as

to

7. Where
makes
an an

the

Court for the has

pursuance

of sub-section of the
a

winding
order Court,

up

by

of the

order order

winding
made

up

which Section

been

by

High

company Commissioner

(v) of Section with respect

4
to

under

3,

(rt)the

by the winding-up order or any subsequent dispense with compliance with the provisions of "The 168 of Enactment, Section 1917," Companies of the the statement relates to company's affairs,) (which
Court may order and of Section
173

of that and

Enactment

(which relates
of either

to

meetings
those

of creditors
;

or contributories)

of

sections

{h) the provisionsof sub-section

to

of Section (ii) who

are

unsecured

creditors sub-section

not

4, giving priority the and enemies, section, which

provisions of
the
enemy

relates to the allocation satisfaction

of the (iii) of property and with the

same

in enemy

territory to
of persons
in

of liabilities to

claims
necessary
;

territory, shall
to the

adaptations
without of

apply
(c) the

winding
the

up

of the company
may

assets

of
any

company in

be

distributed enemies

making
which which

provision for
disclosed

claims books otherwise

by

except those
or

are

the

of the received

company

the

liquidatorhas

notice.

662 (iv) Any

Council and
rule

No.
may
come

10

OF

1919.
a

be

altered force

by
as

resolution from
same

of
the

the date

Federal of the effect

shall

into

altered the

passing
as

of such been

resolution enacted

and

shall have

force

and

if it had

in this Enactment.

Schedule,

(Section5.)
Modifications
to the

of up

"

The of

winding
:

Companies Enactment, 1917," as applied missioner Companies under Orders by the High Commay
remove

The (cf)

Chief

Secretary
in the

vacancy

office

of
;

liquidator and liquidator caused by

a

fill any

death,

or resignation,

otherwise of the

The {!))

remuneration

liquidator shall
210, 211, 212,

be

fixed

by

the

Chief

Secretary ;
207, 208, 209,
sub-section
246

(c) Sections
Section

(ii)of
.

219, and

Sections

220, 222, 224, and

shall not

apply ; (d) In paragraph (6) of to the disposal of

such
way
"

sub-section books
company

and

as

the

(i)of Section 244 (relating in papers) for the words resolution by extraordinary
" "

directs Chief

there

shall

be

substituted
"

in

such

way

as

the

direct Secretary may ; confer on the liquidator the like (c) The Chief Secretary may to as conveying or transferring property as he power 4 of this Enactment is by sub-section (i) of Section authorized controller to confer on a appointed under that section
;

(/) The

of 4 provisions of sub-section (ii) of Section Enactment creditors who giving priorityto unsecured of the provisions of sub-section not enemies, and (iii)
same

this
are

the

section

which

relate to the the

allocation of

enemy claims

territory to

satisfaction

of property in liabilities to and

of persons in enemy and the territory, this of Section 7 of Enactment, (c) paragraph the necessary
company
;

provisionsof
shall, with
up of the

adaptations,apply
sub-section

to the

winding

{(f)The

provisionsof
as

(iv)of Section

4 of this Enactment

section

(h) An

release that of a controller appointed under apply to the release of the liquidator; applicationfor the stay of proceedings in the winding up to the

shall

shall

not

be

made

without

the

consent

of

the

Chief

Secretary ; {i) The liquidatorshall

at

submit
in such

accounts
manner

to the
as

Chief

Secretary

such

times

and

he

maj'^ direct ;

(j) The

ment, provisions of sub-section (v) of Section 4 of this Enactof Chief the the to Secretary including present power for the winding up of the company a petition by the Court, shall continue standing notwithto apply in respect of the company, Section 5 of this the making of an order under Enactment.

ENACTMENT An Enactment of Usurious

Arthur to

NO.

12 the

OF

1919.
cases

providefor

grant of relief in

Loans.

Young,

President
It is

of the

Federal

Council.

[8th May, 1919. 1st July, 1919.] Malay

Usurious
on

hereby
as

enacted
:
"

by

the Rulers

of the Federated

States

in

Council

follows
Enactment

1. This

Enactment,

1919,"

"The be cited as may into force and shall come

Loans

short

title and

the

first

day

of

men"^"*^^'
interpretation.

July,

1919.

2. In this

Enactment,

unless

there

is

anything repugnant
includes the return the

in the

subject or context,
"

Interest
over or

"

means

rate

of interest
was

and

to
same

be
is
or

made

and

above

what

charged
otherwise
"

sought
;
"

to be recovered

actuallylent, whether specifically by way

of money
or

of interest

Loan

means

loan whether

in kind, and

includes

any
a

transaction
;

which

is, in the opinion of the

this Enactment of
a or

Court, in substance
"

loan
"

Proceeding
(a)
any

to

which

applies

means

suit for the

recovery

loan made

after the

ment commence-

of this Enactment,

(6) any

suit

for the
or

enforcement

or

redemption

of any

security
of

taken
account

by way agreement, whether any after the or otherwise, made

Enactment in

of settlement
commencement

of this before
or

respect of
Court

any

loan

made

either
or

after the

commencement

of this Enactment,
a

(c) any

application to
for the observance

the

by
land

chargee
a

of land executed

for

an

order
in the the
"

sale of such of the

upon

default

being

made
after

terms

of

charge

commencement

of this Enactment. Collector

Court

"

includes of "The

provisions
Enactment,
for
an

1911," in

the under exercisingjurisdiction Land 1911," or "The Enactment, Mining respect of an applicationby a chargee of land

order for the sale of such land.

in any
ex

whether

3. (i)Where, heard

proceeding to
or

which

this Enactment has

reason

applies, Re-opening
to believe

of

^arte

otherwise, the Court

is

^'n^ant of
is^^ interert

(a)

that

the interest

excessive, and
as

was, (6) that the transaction unfair, substantially

663

between

the

parties thereto, tfansadion"

unfair,

664
the may.

No.
Court
may

12

OF

1919.

exercise

all

or

any

of the

folloAvmg powers,
an

namely,
the of

(1)

re-open

the

transaction,
relieve the
interest any to
;

take debtor

account

between

and parties,
any

of all

in respect liability

excessive

(2) notwithstanding

dealings
account

and

agreement, purporting to close previous create new a obligation,re-open any

relieve the them and between already taken excessive interest, in respect of any debtor of all liability in in allowed account been has or and if any paid thing the creditor to order any repay respect of such liability, it considers to be repayable in respect thereof ; which sum

(3)

set

aside, either

wholly
or

or

in

part,
made with
such

or

revise

or

alter

any

security given
to

agreement
has

in

and, if the creditor

parted
in

respect of any loan, the security, order him

manner

indemnify
as

the

debtor

and

to

such

extent

it may

deem

just ;
of these powers the Court sliall not

Provided

that

in the any
to

exercise

(a) re-open
and

agreement, purporting to close previous dealings

a new

create

which obligation,

has

been

entered

into
at
a

by

the
more

or parties,

date

than

any persons six years from

from
the

whom date of
on
a

they claim,
Court.
series of of

of the transaction
a

(6) do anything
Explanation.
"

which
the
case

affects any
of
a

decree brovight
for the

In

suit

transactions

the

expression

"the

transaction"

means,

jjurpose

proviso (a), the

first of such

transactions.
" "

of that which in excess excessive means (ii)(a) In this section the risk incurred to be reasonable, having regard to the Court deems
as

it

appeared, or

must

be taken

to have

appeared, to
is excessive
amounts

the creditor

at

the date

of the loan.
interest

(b) In consideringwhether
the

under

this section

Court

shall
in money

take
or or

whether

any in kind, for expenses, any

into

account

premia, charged

renewals
the

other

charges, and
to

which may transaction.

periodsat which reasonably be

it is calculated,

talcen

have

charged or paid, fines, bonuses, inquiries, is interest if compound and the total advantage been expected from the
shall take value into

(c) In considering the question of risk, the Court

account the

the

financial

presence condition

or

absence

of

security and
and
the

the

thereof,

of the debtor

transactions

of the debtor,
must

known,

or

be taken

by way to liave been

a

result of any previous of loan, so far as the same were

known,
was

to the

creditor.

{d) In consideringwhether
the Court shall take
into the affecting the
same were

transaction

unfair, substantially
materially
loan
so

account

all circumstances
tlio time
to

relations

of the
or

partiesat
be

of the
been

far

as

known,

must

taken

have

known,

to the

creditor.
Explanation. transaction
was
"

Interest

may

of

itself

be

sufficient

evidence

that

substantial!}' unfair.

USURIOUS

LOANS.

665

(iii)
if such

This suit

section
is

shall

apply
one

to

any

suit,
the

whatever of

its
a

form
or

may

be,
the

substantially
of
any in who that

for
or

recovery
in the the such

loan of of
a

for

enforcement

agreement
this section the
at

security
affect
that

respect

loan.
feree transhini notice the
was

(iv)

Nothing
for

shall Court time

rights
transfer

any
to
no

value and which

under

satisfies he had

bond
any to

fide
fact

the

of the

transfer
as

of

would this
in

have section.

entitled

debtor

against

lender

relief

(v)
the

Nothmg

this
or

section

shall

be

construed
any

as

derogating

from

existing
4.

powers
in

jurisdiction
State

of

Court.

(i) Where
been

any
or

any

power

conferred
has

by

this

Enactment

iiovision

of

has lector

exercised,

exercise the

thereof

been
"

refused,
Land for call
an

by

Col-

couTctor

adjudicating
upon of such
an

under

provisions
a

of of

The

Enactment,
order
and may
or

1911."
sale tlie

application
the

by

chargee
such

land
may

for
examine alter

the

land,
of
the

Resident

of

State
the

for and

record

proceedings
done
in
or

before
or

Collector
to
as

or

annul

anything
the
or

ordered,
exercise

purporting
such power been

be

done

ordered,
and
may

by
do

Collector order

the

of

aforesaid
or

anything
under
the

which

might
of
m

have this

done
;

ordered

by
that to

the
no

Collector power

provisions
section

Enactment
shall has

provided
exercised

vested of

by
any

this
person

the such
or

Resident
person

be
an

the of

prejudice being

unless

had before made and

opportunity
the Resident.

heard,

either

personally
or

by
the

agent,
Resident be

(ii) Any
the

order of

direction
section

of

or

given
shall

under be
no

provisions
therefrom.
suit

this

shall

final,

there

aj^peal

(iii) No
Collector
exercise exercise

for
or

revision

of
or

any

order,
to

direction,
be

or

decision

of in the

made of the
powers

given,

purporting by
be this

made

or

given,
or

conferred
powers,

Enactment,
in any

refusing

to

said

shall

brought
to in the

Court.

5.

On
or

any

application
amount

relating
thereof,

admission

of
or

proof

of

p, /owers

lu

loan,

the

any

insolvency
the
in
a

bankruptcy
as

b"a"km"tc
be
proceedings.

''"'^

proceedings,
exercised Enactment under

the

Court Section

may 3

exercise

like

powers to

may

by

Court

proceeding

which

this

applies.

ENACTMENT

NO.

15

OF

1919. certain
the

An

Enactment and powers

for

the

continuance
under 1917. and

of

regulations
gency Emer-

created

by

Pubhc

Enactment,
E. L.

Brockman,

[25th July, of
the Federal Council.

1919.]

President

It
in

is

hereby
as

enacted follows

by
:
"

the

Rulers

of

the

Federated

Malay

States

Council 1.
This

Short
commence-

title

and

Enactment

may

be shall

cited
come

"

as

The

Continuance
on

of Powers date under

to
war.

ment.

Enactment,
His Britannic

1919,"
of be the
as

and

into
in

force

the

which the be the

Majesty
the

by

Order War

Council

declares,
1918,
of the

Termination date 2.
to
; may

Present

(Definition) Act,
of the
termination

to

treated
"

date

Prior

(i) Until
in

The

Public

Emergency

Enactment,

1917,"

ceases

regulations
maintained
new ones

be

force,
made under Section
to
so

be

made.

(a) all regulations

in

20

thereof

which of

were

force

immediately
shall,

prior
in

the far

commencement
as

this

Enactment
or

except

they

may

be in

varied force
;

rescinded such

by

the

High
may

Commissioner,
be rescinded

remain

(6)

any

regulations
;

by

the

High

missioner Com-

(c) the
to

High
all

Commissioner
matters in

may

make within

regulations
the

with of

enumerated of made
the the

coming paragraphs
20,
said
;
no

classes VI
vary

regard subjects
(i)
of

I, V,
and
may 20

and

of

sub-section

said under

Section
the

any relate such

regulations
to any

Section
variation

which

said

matters
as

of

any

regulation
affect such

shall, except

may

be

thereby
for
any

expressly directed,
offence

penalty regulation.
(ii) Except
which commits section of
not remain
an as

the

prescribed

against

in

may force

be

otherwise virtue
any

provided
sub-section

in

any

regulations
person

by

of

(i), any
in

who
this

offence be liable
to

against
on

regulation
before of
a

force of
a

under

shall First

conviction

the

Court

Magistrate
for
a

the

Class
six both

imprisonment
or

either
not

exceeding
or

months

to

fine

description exceeding one

fine. for
the
an

term

thousand

dollars

to

such

imprisonment
of the
under

and
a

(iii) For
any

the

purpose in

trial

of

person

offence offence in

against
shall be the

regulation
to

force

this

section,
at

deemed

have

been

committed

either
666

the

place

which

PUBLIC

EMERGENCY.

667

same

actually
be.

was

committed

or

in

any

place

in

which

the

offender

may

(iv)
which
or

Any
may

provision
be inconsistent the

of

any

law with
any

of

the

Federated maintained
this

Malay
in

States force be

regulation
under

made

by
and

High
of
no

Commissioner effect

section

shall such

suspended

during

the

continuance

of

tion. regula-

(v)
the

All

regulations

made

under

this

section

shall

be

published

in

Gazette.

3.

Whenever

it in

is force

proved
under

that Section

breach
2 which

of

the relates

provisions
to

of

Liability

of ^*"

any

regulation

trading,
breach of

exportation,
committed

importation, by
or a

production, employed
such
be

or

manufacture

has

been

regulation
^"^ "^

by

person

by
trader,
to be

trader, exporter,

exporter,

importer, producer,
and
to

producer,
or

manufacturer,
shall

importer,
such to breach

manufacturer

held

liable

for prove
are

the

penalty
the

provided
before without reasonable of
such

therefor
which his the

unless

he

the that and

satisfaction
the that
same

of
was

Court committed
all

proceedings
or

had

knowledge
to
ensure

consent due

he Avith

had the

taken

steps

compliance nothing by
from in this such

provisions
contained

regulation
exempt
any

provided
person
or

that

section

shall

employed

trader,
to the

exporter,

importer, provided
to

producer,
for been
any breach

manufacturer of
the

liability
of such

penalty proved

provisions
person.

regulation

have

committed

by

such

ENACTMENT

NO.

20

OF

1919.

An

Enactment aliens into

to

regulate
Federated

the

admission

of former

enemy

the

Malay

States.

E.

L.

Brockman,

[2nd September,
of the Federal
Council.
2nd

1919.

President

September, Malay

1919.]
States

It in

is

hereby
as

enacted follows

by
:
"

the

Rulers

of

the

Federated

Council 1.
This

Enactment

Short

title,
duration.

may

be

cited
and

"

as

The
come

Former into

Enemy
force
on

Aliens
such

commencement,
and

Admission date Chief shall 2.

means as

Enactment,
the

1919,"
to

shall

Chief

Secretary
may

Government
in the

(hereinafter
Gazette

called

the and

Secretary)
remain In
a

by
for
a

notification

appoint,

in

force

period
the

of

three

years.

laterpretation.

this

Enactment

His 3.

person Britamiic Majesty No

he

who

is
was

citizen at

"former expression or subject of a

time

enemy

alien"
which at
war.

State
year

with
1918

any shall
a

during
the
in

the

Permit the

to

enter

former has

enemy

alien

enter

Federated behalf

Malay signed

States

Federated States,

unless Chief 4. States States

first obtained

permit

that

by

the

Malay

Secretary. Any
after former
enemy such

Penalties,

alien

who
remains

enters in

the
the

Federated Federated

Malay Malay
may

without the

permit
or

or

expiration
removed Chief with

revocation from the

;

of

such

permit Malay

(a) be

forthwith order of the

Federated

States

by

Secretary
the
and

{t))be

prosecuted,
Chief
a

previous
on

sanction

in

AATiting
the
to

of

the of
tenced sen-

Secretary,
of

conviction Class
a

before
be

Court be

Magistrate by such
or

the Court

First to

shall

liable

fine not of

dollars
term

not

imprisonment six montlis exceeding

to
;

either
or

thousand exceeding two description for

to

both

such

fine

and

imprisonment
(c)
on

the
is

payment
on

of such the

fine

or

where of such

term terra be

of of

imprisonment imprisonment,
from
the

imposed

expiration
is still in States

if this Federated 5.

Enactment

force,
order
of

removed

Malay
who aids

by
the

the

Chief

Secn^tary.

Aidinp

and

Any

person of

or

abets enemy

entrance

into

tlie Fodtn-ated

abetting.

lAhday
harl)ours that
or

States
a

former
enemy the

alien
or

without

such
reason

permit,
to

or

former entered

alien Federated

he

has

knowing Malay

having

believe

States been

without

such

permit
be liable

that

his

permit

has

expired

or^has
668

revoked,

shall

ENACTMENT

NO.

26

OF

1919.

An

Enactment the law

repeal and re-enact, with relating to the Registration of

to

amendments,
Bills of

Sale.

F.

S.

James,

President

of

the Federal

Council.

[12th December, 1st February,

of the Federated

1919.

1920.]
States

It
m

is

hereby
as

enacted follows Enactment and

shall

by
:
"

the

Rulers

Malay

Council 1.

Short
commencein

title,
en

(i) This 1919,"

may
come

be into

cited force

"

as on

The the

Bills
1st

of Sale of

ment, Enact-

t
,

day

February,

and

repeal.

1920.

(ii)Upon specified in
every under valid

the
the

coming
first and

into

force

of this shall be

Enactment

the
;

Enactments
that

schedule renewal

repealed
and
was

provided
m

registration
any

of

Enactment

hereby prior
to

registration repealed which

commencement with

transfer

effected force and

immediately
so

the

of

this

Enactment ment, Enact-

shall,

far

as

is not to

inconsistent

the

provisions
this

of this Enactment.

be 2.
"

deemed
this

have

been

effected

under

Interpretation.

In Bill

Enactment

of other

sale

"

means

any
owner

document
lien or any whether the

purporting security assignment

same

to

give

to

any

person
over

than

the

for

value of the
in

received
same

any absolute of the

movable
or

property,
and otherwise

be hands

conditional
or

whether

the the

remain of

the

owner

durmg

continuation

such

lien

or

security
"

;
"

Magistrate Every
an

means

Magistrate
made after
thereto

of the the
or

First

Class. of
a

Bill liave of

of sale schedule

to

3.

bill shall

of have

sale

commencement
written thereon

this

Enactment

annexed of bill
in

schedule
in the

property

attached thereto.

containing
bill of
shall in

inventory
and such

the of

movable

property
as

comprised
5

sale have said

sale,
of be

save

in

Section

mentioned,

effect

only

respect
shall

the void

movable
in

property
of any

specified
movable

the

schedule
so

and

respect

property
Bill to of sale not

not

specified,
Section of this
5

4.

Save

as

in

mentioned,
in the at

bill of
be

sale
in

made

after of

the
any the

affect

after-

acquired

commencement

Enactment

shall

void

respect
of

property.

movable

property
was

specified
the
true

schedule the time

thereto

which

grantor
the

not

owner

of

the

execution

of

bill of sale. 5.

certftin

to Exception as things.

Nothmg
of
sale

contained void
or

in

Section of
any is
670

or or

Section trade
or

shall

render
where

bill

in

respect

plant
used

machinery

such

plant

trade

machinery

in

brought

upon

any

BILLS

OF

SALE.

671
or

land, factory,workshop, shop, house, warehouse,

substitution
in the

other

place

in

for any

of the

like

plant
after
the

or

trade

machinery specified
of
it

schedule

to such

bill of sale.
made the commencement

6.

Every

bill of
shall

sale

this
was

consideration '^" ^^ ^^' ^'^^^^'

Enactment

truly set forth

such

consideration shall
be

for which
in

given ; otherwise property scheduled

bill of sale

void

respect of the

therein.
Illustrations.

(a) A, being indebted

on

to them

B, gives him

bill of sale
is found to
to

to be lend

secure

$1,000,
balance

which
due to the

accounts The bill

between of for sale such

being
that

stated B has

the A

B.

recites

agreed
therein

consideration
B to The the
an

bill of sale

is stated

to

be

"1,000, $1,000 now

the
as

and

paid by

A.

bill of

sale
and

is
in

not

void
of

under
effect the of

this
the

section,
and

as

both
are

legal effect and

had been the

mercantile
actual

business
money

transaction

if there

advance

$1)000
A B

consequently
B

consideration

is

truly stated. (b) Upon

a

sale

of furniture
for

by
secure
"

to the

for

$600
B." for

him
to

bill of sale

$500
of is

to

balance.
to

to A $100 and gives pays The bill of sale is expressed

be
Tlie

in consideration consideration
bill of

$500

now

paid

sufficientlydescribed
the fact

the

purposes
be in
a

of
sum

this

section^ present
sideration, con-

(c) A
"

sale

now

due

and

advance
The

and bill of

owing." in part of
sale

expresses In
an

consideration
the

for it to consists

of money
a

consideration

part of

old under
the

debt. this section

as

is void of

not not

repayment
future
date The

present
bUl to of the

advance

truly settmg out the due until becoming

to be

the

specified in
consideration

the for

bill.
a

(d)
sum

sale

is stated
Part the

the
in

payment
sum was

of

of money

by
the

the

grantee

grantor.

only of
grantee

such

in of

fact the

paid
amounts

over,

remainder

being retained
which
an

by

satisfaction

of
were

acceptances
not

had

been

given
for futui'e

by

the

grantee
furniture The retained

and

mature,

from
of

the sale

grantee,
is void

and

an

agreed sum agreed

hire

the to grantor by the grantor of

sum

for expenses.
none

bill
can

tmder

this

section, because
accuracy the

of the

amounts to the

so

truly, i.e., with

to have been

substantial

having
and

regard
the

real

facts, be
is not

said

paid

to

grantor,

therefore

tion considera-

truly stated.
bill shall

7.

Every
the form

of
be

sale void

made
unless

after made

the

commencement

of

this

Formofbiiiof ^'*'^-

Enactment with

substantiallyin

accordance

in the

second

schedule.

Illustrations.

(a) witness,
In
a

bill of sale
or case
"

does

not the

contain address
this

the

address
not the

and

contains
it is void and not
a

but

ing descriptionof the attestdescription of such witness. the

"

either

under

section, because

omission from
the

constitutes

departure

merely

immaterial

departure

statutory $150
for

form.

(6) A bill of sale agreed interest and montlily instalments

The because and much
as

advanced, provides that the sum together with in all $1,300, bonus shall be thereon, making
of

paid by

$100.
as

bill of sale the the

is

void,
has

interest
bill of sale

been

substantially deviating from the statutory form, is not stated, capitalized, the rate of interest
state to how

does

not

much

of

the

$150
what

is bonus is to be

and

how

is interest

it is

impossible

tell from

its terms

paid for

interest.

(c) A
schedule

bill of
thereto of

sale

contains
"

annexed

an assignment of the together with all other

chattels
chattels

and

specified in the things, the

also all chattels

property

the

mortgagor,

now

in

or

about

the

premises, and

672
and be

No.
things whiuh
may, the in
same

26
time

OF

1919.
security,
whether

at

any
or

in

or

about there

any

other
or

of this duiing the coiitiiiuanco premises of the mortgagor,

brought
and
The of in the the the

substitution

for,

renewal

of,

or

in addition

to

the

chattels

things hereby
statutory
schedule

assigned."
vmder this section,
as no

bill of sale is void

form,
and
of the sale the

inasmuch

contains

as departing from the legal effect those assigns goods other than specified stipulation as to such other goods bemg for

it

maintenance

security.
the
schedule the The

(d) By a bill of in things specified

may them that at
or

grantor

assigns
and

to also

the

grantee

the and be

chattels

and
which for

thereto,
continuance bill of
sale

all chattels

things
the

any any

time of

dm-ing
them.

of

the

security
a

substituted

contains

covenant

by

grantor

he will during the continuance of the seciu-ityreplace such of the chattels out things expressed to be assigned as should be worn by other articles of value equal to the present value of the articles worn out, so as at all times and the total value to keep up of the chattels things comprised in the security to the present value. the bill of sale is valid, because chattels The and assignment of substituted under for the covenant things applies only to chattels and things substituted the of the maintenance security.

and

Bills of sale to be and In duplicate

registered.

duplicateand shall be registered of a Magistrate within the local manner m limits of which, as defined under, or otherwise recognized b}^. The Procedure the Civil Code, 1918," property assigned by the biU of the time of situate. is sale at registration (i)Every
the

8.

bill of sale shall be in Court

followingin the

"

and duplicate bill of sale, after being completed (ii)The original attestation and and after being stamped in except for execution accordance
to stampbeing in force relating duties, shall bo brought by parties concerned, or their duly authorized agents, before the presidingMagistrate of the Court, who the and documents the shall compare witness signature of the in his presence to both the original borrower, or his agent, to be made and duplicate. the

with

the law

for the time

in any

Magistrate is of opinion that the property scheduled described therein, he shall refuse sufficiently such further until the to register same particularsshall have been sufficient be the property scheduled, added to clearly as identify may it him for such clear if and may, to or exjiedient necessary appears branded the marked be identification, requireor cause or property to such in with not to injure or manner some as permanent mark but All things required by the Magistrate to be disfigurethe same. shall be added added done under the provisionsof this sub-section or done within seven or days after the bringing of tlie bill of sale before the provisions of sub-section the Magistrate under (ii).
If (iii) the bill of sale is not

(iv) When
been
sale in

have (ii)and (iii) requirements of sub-sections bill of complied with, the Magistrate shall file the duplicate the

the

Court,

and

thereafter Section

the

security thereunder
to hold

shall,
until

subject

to the

provisionsof
one

13, be deemed
in Section

good

discharged in
Manner of discharge.

of the

manners

9 referred

to.

9. Bills of sale may

be

discharged
"

(a) by

an

acknowledgment,
agent
upon
a

signed by
the

the

lender

or

his

duly

authorized and been been attested

back

of the

origmal

bill of sale

by
;

duly
dulv

received
met

has secured Magistrate,that the money otherwise has that the or obligation

BILLS

OF

SALE.

673
scheduled made of the sale ; Court
may in the upon

(6) by

the seizure

and order
a summons

sale of the of
a

property
maker

bill
the

of sale
show

by

competent
to the seizure

Court

hearing of
cause

bill of sale to

againstsuch
terms
as a

and

(c) on
10.
When

such meet
a

other
the

competent
case,

consider

to

justiceof the
has

duly discharged by any of the Procedure be the duty of the presiding discharge. the wherein the bill sale of of is registered Court to write Magistrate with his and official the word title, discharged/' across signature the face of both the original and the duplicatebill of sale (the original bemg brought to him for the purpose) and to file both the original and the duplicatein the Court.
above-mentioned
"

bill of sale

been

on

methods,

it shall

11.

When

any

part-payment

is made

in

respect of money

secured

Procedure

on

payment shall be instalment. by a bill of sale, a written acknowledgment of the same signed by the lender, or his duly authorized agent, upon the back of the original and duplicate bill of sale, and such signature shaU be attested by a Magistrate. 12. No receiptgiven for any payment or part-payment under tliis stamp-duty receipts. Enactment shall be exempt from of being stamp-duty by reason the biU of sale ; but where endorsed is given in duplicate on a receipt under Section 1 1 and the one the original bill which is endorsed upon of sale is duly stamped, that which is endorsed the duplicate upon bill of sale shall be exempt from stamp-duty.

of

on

13.
least

(i) The
once

of registration twelve from elapses

a

every the

bill of sale must

be renewed

at

Renewal

of

in every

calendar

months,
date of
a

calendar the

months

period of twelve last renewed or registration

or

and

if a

reicistration.

of registration
case

bill of sale without

the bUl

renewal

further

renewal

(as
the

may

be)

of sale shall become

void.

The (ii) Court B

in the

renewal second

in which

the biU

of registrationshall be effected by of sale is registered a declaration shall be attached Court. bill registered
the

filmg m
m

the

form

schedule, which
of

to the

duplicate
Transfer. by filing

bill of sale filed in the

14.
in the

Transfer Court C
in

of sale shall be
a registered

effected shall

in which the

bill of sale is

declaration be

in the

form

second Court. shaU

schedule,
be

and

such

transfer

duly
Office and

recorded 15.
extract
or

in the

Any

person any

entitled
the

to
or

have

from,
for every

bill of registered

sale
same

office copy of, or filed declaration of renewal

an

copies

extracts.

transfer

upon

paj^ment for
folio

at the

rate

of

twenty-five
copy shall

cents be

of

one

hundred therein. entitled

a

words,

and

such

primd facie evidence or as registration filing

16.

of the shewn
be

and original

of the fact and

date

of

Any

person upon

shall for.
one

to

search

the

file of

existing Search.
for each

securities

payment

of

search

fee of

twenty-fivecents payable
in
a

document 17. A

searched

fee of filing

dollar

shall be

renewal registration, 18.

No

of

transfer, of or registration,
in evidence

of every case bill of sale.

Filing fee.

bill of sale shall be admissible

or

be deemed
with

to

be valid in any Court unless provisionsof this Enactment.

Ill"

duly

in accordance registered

the

admissible evidence

Bill of sale not in unless

registered.

43

674
BectiQcation order of Judicial

No.

26

OF

1919.

Notwithstanding anything hereinbefore contained, a Judicial to register on a bill of being satisfied that the omission missioner. the the prescribed thereof within sale or to renew time or registration of transfer in the prescribedform was accidental to file a declaration the Federated due to madvertence from to absence or or Malayby

19.

Com-

Commissioner,

States, may,
such terms
or

in his

and

conditions
or as

discretion,order (if any) as

to any other

such to

omission

to be rectified

on

notice security,
as

by

ment advertisefit to

otherwise,

matter,

he may

think

direct.
Penalty
with for

80.

Any

person any to

who
or

interference mark.

counterfeit
conviction

mark

provisionsof
Exercise powers persons

Section
a

fine not

wilfuUy obliterate, deface, alter, or placed upon any property under the shall be guiltyof an offence and liable on (iii) dollars. exceeding two hundred
brand Resident
may
or

shaU

of of

21.
by

In any
any

State person,

the

by

notification and

in the

Gazette and
in

Magistrate

appoint
in any

either

by
on

name

to exercise and perform office,

specially
appointed.

place all or any imposed by this Enactment

like
manner

of the
a

powers

duties
may any

conferred
at any

Magistrate and
While

time

revoke
in

any

such

remains which
same Debentures which ment Enactdoes not

force,any
effect
in
as

he is

empowered
this

appointment. or thing done by such by appointment

act
same

such

ment appoint-

the person appointed the to do shall have

force and 22.

if the

had shall

been

done
to

by

Magistrate.

to

apply.

debentures Nothmg apply any and other by any mortgage, loan, or incorporated company, secured upon the capital, and of effects such company. stock, or goods issued

Enactment

First ENACTMENTS

Schedule. REPEALED.

Second Form BILL These of Presents of the

one

Schedule. A. SALE.

OF

made

the

day
C. D. of
sum

of
,

19.
.

between
,

A. B.

jjart and
of the

of the other

that in consideration

of

dollars

now

part, witness paid to A. B. by

BILLS

OF

SALE.

675

whatever

hereby acknowledges [or said A. B., doth hereby assign unto C. D., his executors, administrators, and assigns,all in the schedule and singularthe several chattels and things specified for the of of annexed of the sum hereto security payment by way thereon is interest at the rate dollars, and interest [if 'payable]
C. D., the
else the consideration may he he'], the

receipt of

which

the

said A.

B.

of And
pay

per

cent,

per

annum

[or

whatever and

else

may

he

the rate].

the said A. B. doth

to

further

agree then

declare

that

he will

duly

the
is

said

CD. the
or

the

principal sum day of of payment].

he

aforesaid, together with

interest [if of he the

payahle]the
on

interest

dollars

due, by equal payments else may [or whatever

And the said A. B. doth
terms
as

times stipulated with the

time

also agree

said C. T". that

will

[hereinsert

to to

insurance, payment

for the

maintenance

the parties may of rent, or or defeasanceof the security]. the order chattels

otherwise,which

agree

Provided

always, that
or

liable to seizure
any
cause

to

be taken

hereby assigned shall not possession of by the said CD,

be for

other

than

by

of the Court.

In witness, etc.

Signed and sealed by the said A. B. in the presence of me, after I have address, and description] [add witness's name, explained to the said A. B. the nature and effect hereof.
Form DECLARATION OF do
,

E. F.

fully

B. OF REGISTRATION. that
a

RENEWAL

I,

of

of sale bearing date of the

sale
was one

the

solemnly and day of

the

sincerelydeclare
19
,
. .

biU

and
,

made

between said bill of

is

part and
I make

of the other

part, which
19.
,
.

registered on
security, and

day
this be true, and

of

still

subsistmg to believingthe same of the Statutory Declarations

Subscribed and

solemn

declaration virtue of the

tiously conscien-

by

provisions

Enactment,
declared"
in

1899.

solemnly
at

by
the

the

above-named of this

State

day

of

Before

me

Magistrate.
Form

C OF BILL OF SALE.
that
a

DECLARATION

OF
do
,

TRANSFER

I,
of sale

of
,

bearing date
of the
one

the

solemnly and day of

of the

sincerelydeclare
19
,
. .

bill

and
,

made

between said bill of

part and

other

part, which
19.
,
.

the registered on day of whereof last renewed was the on registration is still and a subsisting security, was 19..),
sale
was

(and
of

the
,

day by
an

instrument

676

No.

26

OF

1919.

bearing

date

the

day
instrument I
to make

of
,

19
. .

transferred
,

to

of
to
me,

which marked

said and
,

is

noAv

produced
declaration
virtue 1899.

and

shown

this

solemn

conscientiously
the

believing Statutory
Subscribed

the

same

be

true, Enactment,

and

by

of

provisions

of

the

Declarations

and

solemnly
at
......

declared
in

by
the

the

above-named State of this

day

of

,19...
Before

me

Magistrate.

678
disaffection

No.
towards
any

27
any

OF

1919.
of the said Rulers
;
or or

His

said

Majesty (d) to put any thereby

or

or

of the

said Governments
cause

person in fear or to him to deliver induce

or security,

annoyance

to

him

and

valuable
to

bound entitled

do,
do
or

or

to
or

property any person any he is not legally to do any act which omit to do any he is legally act which
interfere with the

to

to

(e) to

encourage

incite of the

any

administration and order

or

law

or

person with

to

the maintenance

of law

(/) to

injury to a public servant, or any is believed be to public servant person that view servant to inducing public interested, with a to do any act or to forbear or delay to do any act connected with the exercise of his public functions,
convey

threat of any that in whom

shall

be

guilty

of
or or

an

offence

against
or

this

Enactment,
the Chief

and

such

newspaper,
may be

book,

document otherwise

such

extract
as

shall be forfeited and

destroyed

disposed of

Secretary to

Government Comments (ii) Government lawful

means,

directs. of any such disapproval of the measures expressmg aforesaid with a view to obtain their alteration by
or or

as

of the

administrative

or

other

action

of any such

such

Government,
aforesaid
or

of the administration the

of justice in any
to excite

place as
section sub-

without
are

excitingor attempting
not

hatred, contempt,

disaffection

within

scope

of

paragraph (c) of

(i).
Importation, publication prohibited by
tlie Chief
or

4. (i) The

Chief

sale, etc., of any

in the Gazette, prohibitto be Malay States any newspaper,

by order published Secretary to Government may, into the Federated imported or brought
book,
or

document.

Secretary
Government be
an

to to is

imported
offence.

distributes,publishes,prints, imports, sells, is which book, or document possessionany newspaper, into the Federated so Malay prohibited to be imported or brought book shall be guilty States or any from such newspaper extract or and such newspaper, of an offence against this Enactment, book, or be forfeited and may be destroyed or shall document such extract or directs. otherwise disposed of as the Chief Secretary to Government (ii)Any
has person

who

or

in his

Innocent receiver seditious of

or

5.

Any

person

to whom

prohibited publication.

(fl)any

newspaper,
or

book,
book

or

document

or

any

extract

from

any

newspaper

containing words,
described which
4
or

signs, or
in Section

visible 3 ;
or

of representations

the nature

(") any

book, or document newspaper, Section to be imported under

or

has been
extract

prohibited
from such

any

newspaper has been

to sent the

book
his

without officer in
or an

deliver

knowledge charge of the

or

or

privity

shall

forthwith
such

nearest

Police

Station

book, newspaper, shall be guilty of

document offence

such

extract, and in default thereof

Enactment.

against this

SEDITIOUS

PUBLICATIONS

(PROHIBITION).
with the

679
5 to
paper, news-

6. A has

person

who

has

complied
a

provisions of
shall
not

Section
liable such 3

or

Effect

of

been

convicted of the

of

breach of
or

thereof
in his

be

be

compliance
with
or

convicted

offence document
a

having
any may rank

possession any
under
a

conviction

book,
7. A
Court officer

or

such

extract

Section

or

4.

under

Section

5,

of
not

Magistrate
below
the

issue

warrant to

empowering
make

police
search

of

Inspector
document

entry
extract

any and

Issue

of search-

warrant.

(a) for any

any

newspaper,
newspaper
or

book,
book,
the

or

or

any

from visible
or

containing words,
described
or

signs,or
has any

representations of

nature

in Section

3 ;

(6) for

any

prohibited
from
upon

newspaper, to be

book,

document Section

which
4
or

been
extract

imported
or

under

such
any any

newspaper

book
any maj^

and

in
or

premises
such

where

such
be
or

document

extract

newspaper, be may

book,

or

reasonably
Detention search of and

suspected

to

be. officer authorized

may

8. (i) Any the Federated

by
and

the

Chief
any

in this behalf

detain States

search
he

ment Secretary to Governinto brought package

to any

Malay
newspaper,

which
or

suspects
or

contain
extract

"

imported packages suspected

contain seditious

to

(a) any

book,
or

document

from
or

any

newspaper

book of the
or

contaming
nature

words,
which has

signs,
in

visible
3 ;
or

or

prohibited

representations

described

Section been

publications.

(6) any
to

newspaper,
be

book,
under

document Section
4

proliibited
from
such

imported
or

or

any

extract

newspaper and into

shall the

book,
any

during such search Federated Malay States.

such such newspaper,

detain

person

bringing such
or any such

package
extract may

(u)

is found

If any in be

book,
the

or

document

such

forthwith offence

arrested

bringing package, person and proceeded against for the

Enactment.

package

commission

of

an

against

this

9. (i) The Director of Posts and Malay Telegraphs, Federated States, or any officer authorized by him in this behalf may detain any article in course he of transmission by post which suspects to
contain
"

Detention

of

suspected
articles transmitted

by post.

(a)

any

newspaper,
or

book,
book

or

document

or

any

extract

from

newspaper

containing words,
nature

signs, or
in

any visible 3 ;
or

representations

of the
or

described which

Section been

(6) any
to

newspaper,
be

book,
under

document Section

has

prohiliited
from such

imported
or

4,

or

any

extract

newspaper
and to shall

book,
articles
to

deliver

all such

such

officer
be

as

the

Chief

Secretary
of in such

Government
as

manner

the

appoints in this behalf, to Chief Secretary to Government

who
is

disposed
directs.

10.
shall

Any
be

penal extend to seven description for a term which or years, may not exceeding ten thousand dollars, or to both such penal and fine or to both such imprisonment and fine.
to

person liable to

guilty of

an

offence

servitude

for life, or

against this Enactment imprisonment of either

to
a

Penalty
offence.

for

fine

servitude

ENACTMENT An Enactment
to

NO.

1 the

OF

1920.

charge
interest

upon

principaland
be issued
E. L.

of certain

the public revenues Bonds proposed to

in the Straits Settlements.

Brockman,

Presideyit
Preamble.

of

the Federal

Council. of

[27th January, 1920. 30th January, 1920.]

an

Whereas

provide
which

for

by the preamble to raisingmoney

to

Bill, entitled
to His

Ordinance

to

be lent
into

Majesty's Government,
of the
that to

is about

be introduced

the for

LegislativeCouncil
be desirable
investment

Colony
a

of the

Straits Settlements, be

it is declared

further

opportunity
the may

afforded

the

local
in

of such

moneys
moneys

with

Government available for

by

be

way settlement

of loan of

ordei

that

Imperial post-war
for the

liabihty:
And
whereas

by

the

said Bill provision is made

raising

of money by the issue in the said Colony of bonds payable to bearer and for the lending of the money raised to His Britannic Majesty's so Government : And the and
whereas

the
are

said

bonds
to

declared said

be

and interest represented by principalmoneys said Bill the proposed to be charged upon by and assets the of general revenue payable out

of the And local the

law

Colony

whereas

with

view

to

promoting

and

for loan to His Britannic raisingof money the provisions of the said Bill when under
of the

Government

Federated

Malay
issued the

States the

further

the

securityfor bonds to be by charging the same upon Federated Malay States : hereby
as

under

furthering the ment Majesty's Governlaw into passed desires to provide provisionsof such
and
assets

general revenues
of the Federated

of

It is
in
Short and title
commence-

enacted follows

by
:
"

the

Rulers

Malay

States

Council 1. This

Enactment and

may
shall
come

be

cited
into

"

as

The
on

ment.
in the
issued S. S. law
a charge general

1920,"
Gazette. 2. The

force

the

Victory Loan pubhcation

ment, Enactthereof

Loan under
to
on

be

revenue.

and interest represented by the bonds principalmoneys referred under the provisions of the Bill hereinbefore to when the same shall have been passed (whether with or without are amendment) into law in the Colony of the Straits Settlements the of shall be and out general hereby charged upon payable of the and assets Federated revenues Malay States and of each
to

be issued

of them.
680

VICTORY

LOAN.

681

3.
year ment interest

Except
have

so

far made each

as

the
in

requisite
the

appropriation
the

may

in to

any

half-

Payment
"''^"^^s'-

of

been
in the

Colony, ending
due,
Federated

Chief
with

Secretary
the

Governthe

shall,
on

half-year
falls
of the

day
out

on

which
the

bonds
assets

appropriate Malay
in

of
a sum

general equal
interest
'

revenues

and
interest

States that

to

the

due

for

such

half-year,

order

the

said

may

be

paid
said
on

therefrom.

4. duties leviable

The

bonds of
may

shall deceased hereafter

be

exempt
persons

from
and

all from

duties all
in taxes

other levied Federated

than
or

Exemption
from duties and

estates

taxes.

or

which

be

levied

or

leviable

the

Malay
5.
on

States.

The

said of

bonds deceased

shall

be

accepted

at

par

in

payment

of

duties

Duty

on

estates

estates

persons.

plreons^may
be

paid

in

bonds.

ENACTMENT An Enactment
to

NO. and

OF amend Wills of

1920. the law and

to consolidate

relating
of

the

grant

of
to

Probates the and

of

Letters

Admim'stration
and the

estates

appointment

powers

persons trators. of OfficialAdminis-

deceased

L.

N.

President It is
in

GuiLLEMARD, of the Federal

enacted follows

Council. of the

[8th May, 21st May,

Federated

1920.

1920.]
States

hereby
as

by
:
"

the

Rulers

Malay

Council

Chapter PRELIMINARY.
Short and

I.

title, commencement,

1. (i) Tliis Administration of

Enactment

may into

be

cited

"

as

The

Probate
the

and

repeal.

Enactment,

1920," and
force
on

shall, with

exception
in the

Chapter III, come

the

pubhcation
on

thereof

Gazette.

(ii)Chapter III shall

come

into

force

such
to

date

as

shall

be

appointed
notification

in that in the

behalf

by

the Chief

Secretary

Government

by
the

Gazette. of this Enactment first schedule force of

in

(iii) Upon
Enactments

the

pubhcation
in the into

the

Gazette

mentioned the

shall be

repealed.
Enactments

(iv) Upon
mentioned
Interpretation,

coming
second

in the

schedule unless

Chapter III the shall be repealed.

is

2. In the
"

this

Enactment,
"

there

something repugnant

in

subject or context,
Administrator
means a

authority to
is
no
"

administer
;
means an

the

estate

appointed by competent person when there of a deceased person

made in relation
to
a

executor

Codicil

"

instrument

will

and

or adding to its dispositions. It is considered explaining,altering, as forming an additional part of the will ; where and includes, in cases Court the Supreme Court means Assistant Registrars, he or they are empowered to act, the Registrar, and Deputy Registrarsof the Supreme Court ; Demonstrative means a legacy directed to be paid legacy out of specified property ;
" " " "

'^

Executor
a

"

means

person

to

whom

the

execution

of the

last
;

will of

deceased

person

is,by

the

testator's

appointment,

confided

682

PROBATE

AND

ADMINISTRATION.

683

"

Minor

"

means

any

person
"

who

has
means

not

completed
the
status

twenty-one
; person Probate
"

years,
"

and

minority"

his age of of any such

Court

to the
"

of a will certified under the seal of the copy means with of administration of competent a grant jurisdiction, of the testator estate ;
"

Specificlegacy
Will
"

means

legacy

of

specified property
of
the

"

means

the

legal declaration

intentions

of

the

testator into

with

respect

to his

property, which

he desires to be carried

effect after his death,

3. The

jurisdictionto
to
"

grant

probates
of deceased

of

wills

and

letters
be

of
as

Jurisdiction.

administration

the

estates

prescribed by

The

Courts

Enactment,
Chapter II.

persons 1918."

shall

GRANT 4. The deceased

OF

PROBATE
or

AND

LETTERS
as

OF the

ADMINISTRATION.
case

executor

administrator,

may

be, of
and

Status

and of
or

is his legalrepresentative for all purposes, person the property of the deceased person vests in him as such ;

all

property
executor

provided
trator adminisotherwise

administrator
as

sucti.

that

nothing
any

herein

contained
a

shall vest

in

an

executor

or

property of
will has

deceased
some

have

passed by survivorship to
a

person other

which person.

would

proved and deposited in a Court of s ituated beyond the limits of the Federated jurisdiction competent of the will is Malay States, and a properly authenticated copy with of of administration be letters a produced, granted copy may
5. When been such
copy

Administration
with copy annexed of of will abroad.

authenticated copy

proved

annexed.
can

6. Probate will.

be

granted only
may

to

an

executor

appointed by

the

Probate

only

to

appointed
executor.

7. The

appointment

be express
Illustrations.

or

by

necessary

impHcation.

Appointment
express
or

implied.

(a) A wills that by implication. (6)

A rest to his

be

his

executor

if B

will not.

is

appointed

executor

gives a legacy to B and several legacies but adds, daughter-in-law, C, and and be not living, I do constitute appoint B my C is appointed executrix by implication.
"

to

other

should

persons, among within-named the

the

whole

and

sole

executrix."

his of his will and executors codicils, and (c) A appoints several persons "I these words codicil are : appoint nephew residuary legatee, and in another demands against nephew residuary legatee to discharge all lawful my my is appointed will and The dates." codicils, signed of different nephew my executor an by implication.

8. Probate
is of unsound

cannot

be

granted

to

any

person

who

is

minor

or

To

whom cannot

mind. several them

all executors
are

probate be

granted.

9. When

appointed, probate
at

may

be

Grant

granted

to

simultaneously or
Illustration.

different

times.

to

of bate proseveral

executors

simultaneously
or

at

different

times.

A of
or

is

an

executor

of

B's Probate to

will

by
may to

express
be C

it to

by implication.
A first and then

appointment, granted to A and

and
then to

and C A. at

C the

an same

executor

time,

C,

or

first

684
Where codicil after

No.

OF

1920.
after be the

discovered

grant of probate.

(i) If a codicil be discovered separate probate of that codicil may

10.
it in
no

grant of probate, a
to

granted

the

executor, if

way

repealsthe appointment
executors
are

of executors

made

by

the will.

(ii)If different
of the and
Accrual of one

will must codicil

be revoked

the probate appointed by the codicil, and a new probate granted of the will

the

together.
has

11.

When

probate

been

representation to surviving
executor.

of them
the

to
of

dies, the entire or survi\Tng executor

of
a

granted to several representation of the

executors.

executors testator

and
accrues

Effect

12. death
executor

Probate

when -odll,

granted, establishes
vahd

the

will from
acts

the

probate.

of the testator
as

and

renders

all intermediate

of the

such. of administration
or

whom To administration cannot be

13. who 14.

Letters is
a

cannot

be

granted to

any

person

minor

of unsound administration
intestate at

mind. entitle
as

granted.
of letters Effect of administra-

Letters

of

the

administrator

to

all

tion.
not

rightsbelonging to the had been granted

15. Letters of the
acts

as effectually

if the administration

the

moment

after his death. render the vahd any intermediate

or

Acts

of administration

do not
to

validated

by

administrator
estate.

administration.

tending
an

diminution

damage

of

the intestate's
Grant where has not of executor

16.

When

person imtil

appointed
a or

executor

has

not

renounced

the

administration

executorship,letters
other executor when
one

of administration

person
to
or

renounced.

accept
more on

of

granted to any the issued citation has been caUing upon his executorship ; provided that, renounce has or have several executors proved a will,
shall not be death of the
survivor

the

Court

may,

the

of those

who

have who

proved, grant have not proved.

Form of and effect

letters

of administration

without

citing those

17. The

renunciation

may

be

made

of renunciation

executorship.

Court,
made of the

shall

by a Avritingsigned by preclude him from ever will appointing him executor.

or

the

orallyin the presence of the renouncing, and when person thereafter applying for probate executorship
thereof, the
a

Where
renounces

executor
or

18.
within will

If the executor the

time be

renounces,

or

fails to accept time within limited.

limited and

for the be

fails to accept, the acceptance or refusal mth who

to

the

may will

proved
may

letters of administration

copy

of be

annexed
to

granted
in
case

the

person

would

entitled
Grant to of

administration

of

intestacy.
but has

19.
or

When deceased
or

administration universal

residuary
legatee.

(a) the

has

made

will

not

appointed
who the is

an

executor,

{b) the deceased incapable or

or

has

appointed
to

an

executor

legally

refuses

act,

or

has

died

before

testator,
before he

before
executor

he has

proved
all the

the will,or the will but

(c) the
universal

dies after

having proved
estate

has
a or

administered
a

of the be
the

deceased,
to prove may
as

residuary legatee may

of administration of the whole
estate with
or

admitted
will

the be may

will, and

letters to

annexed thereof

granted

him

of

so

much

be unadministered.

686
Commission
executors
or

No.
The

4
its

OF

1920.
allow
to executors cent,
on or

to

27.

Court
a

may

in

discretion
not

administrators.

administrators value of the disallowance

commission collected
commission

exceeding
but

five per
in the be

the
or

assets

by them,
the

allowance

of such
otherwise

Court
in the

shall

guided by

its

approval
estate.

or

of their conduct

administration

of the

Chapter GRANT

III,

TO,

AND

POWERS

OF,

OFFICIAL

ADMINISTRATOR.
Appointment
Official istrator Adminand Assistants, of

28.
time

(i)The appoint
be

Chief such

Secretary
or

to

Government
as or

may
thinks

from

time
name

to
or

to office,

persons person Official Administrator

or

he

fit,by
or

Administrators

Assistant

Official Administrator persons within for the

which

Administrators of this

purposes Official any shall exercise

of the property of deceased Chapter, and may define the limits

or

Administrator and

Assistant and have

Official duties, and

may

Administrator

perform
Official

his powers shall

(ii)An
exercise limits

Assistant all the

Official of

Administrator
an

defined

powers for such

shall

Administrator

within

the under

Assistant
act

Official the

Administrator control and

sub-section of
Grant of an

(i) but

under

general
dies

vision super-

Official Administrator. any

case

29.

(i) In

where
or

person
no

intestate takes

or

without

administration to Official Administrator

appointing
of the

executors

where and

executor

out

probate
letters
or

will,the
testator
;

Official Administrator of the

estate in

administration such

may effects of
six
or

apply
such months
testator

for

of of

intestate

and

any elapsed for probate being made or applicationfor letters of administration so by any person it shall be the duty of the Official Administrator and sufficient is that there he is satisfied unless to apply, good for the delay. cause On by the Official Administrator ajiplication being made (ii) shall be granted to the letters of administration under sub-section (i) the imless in any particular cases Official Administrator accordingly, Court be
Estates in to vest

after

the

death

where case any of such intestate

shall without

have

for

sufficient to
a

reasons

directs than

that

letters

of administration

granted
30. From and

person

other

the

Official Administrator.

and

after the

decease

of persons and

Official

Administrator.

until
estates

letters of administration

shall be
in the
or an

dying intestate granted in respect of

which
were

and their such

effects, the
shall be

estates

effects

of

deceased
Official take of istrator Adminmay

persons

vested

Official Administrator. Assistant trator, Official Adminis-

31.

The

Official Administrator,
the he

possession property.

acting within
Section deem in the thereof

local limits
as

so soon 28, may, sufficient,that any

(ifany) defined for him under he shall as learns, on such evidence

has

person

died within

intestate

leaving property
as

Federated take

forthwith

Malay States, or possessionthereof

who
to

such

limits

aforesaid,

and

until letters of administration

provide for the are granted by

lawful
State

safe the
or

custody
Court.
excuse same

Penalty
removing,
such

for

32.
remove

Any
or

person

shall
remove

without
out

authority
wherein

etc.,

property.

attempt

of the

the

is

PROBATE

AND

ADMINISTRATION.

687

situate

any to

refuse
or

portion yield up the

conviction

of such
same on

property,
demand

or

shall
the

destroy,

conceal,

or

to

Official Administrator

Assistant
on

Official Administrator,
to fine not

liable
also six to

imprisonment

of either

offence and shall be guilty of an dollars and exceeding five hundred not exceeding description for a term

months. 33.

(i) No

suit

shall be Official

brought against
Administrator

the

Official Administrator

xo

suit

against

an}i;hing done by him the authority or in the execution in relation to such property under vested in him of the powers intended execution by Section 31 ; or feel aggrieved thereby may shall who but apply for any person redress to the by petition supported by affidavit. Supreme Court
or

any

Assistant

for

Administrator
remedy
^^
' '""'

by

(ii) Every

petition
Assistant
as

under
or

this

section

shall

be

filed
with

with

the

Registrar, or copies thereof

intended

Deputy day on
shall and said make the
case

be upon

so Deputy Registrar, together many the required for service upon persons to be served therewith, and the Registrar, or Assistant or the on a original and on each copy Registrar, shall mark is to be heard. the which same Copies of such petitions in the served of summons, manner prescribed for service the hearing of such petition,in Court or in Chambers, the

may

be

Court
any

may order

take in

such relation

evidence to such

as

it shall

think

fit and

may

property

which

the

justice of

requires.
(i) When
the

34.

property

of

deceased

person

is
no

administered
commission

commission

on

by
the
rates

the

Ofiicial Administrator be allowed of the

may

under

this Enactment there

a

admfn'i'stere
on

shall

under

Section
so

27, but
administered
time

shall

be

payable
at

byOflaciai
"^^""^ ^^ "^'

value
as

property
from
to time

commission

such the

be

to

Chief such

Secretary
commission

Government
be

and

shall
the

credited

prescribed by rule published in the to the pubHc revenue.

under administered
to ten

made

by

Gazette, and

(ii) Where respect of the

Administrator

commission of any
not

payable
person amount

sub-section

(i)
shall the

in

property
would

by
lieu

the

Ofiicial
be

dollars,
and in

there

payable
commission 35.
The

in

respect of such
the
sum

administration dollars. shall have

of

said

of ten

Official for the

Administrator reasonable
out
sum

lien

upon

all such
in

Lien

of

official

property
thereof the
in

expenses

incurred of
this

by

him

respect
and for

^'^^^'i^trator

carrying
or

the in

provisions
Heu

Enactment

commission, 34, and

a

of

commission,
or

payable
sum, shall

under also

Section constitute 36. the

such

expenses
on

and the

commission,
of

first

charge

estate

the

deceased.

The

Chief

Secretary
rules and

to

Government due conduct Official

to be

Gazette, make

for the Assistant

in by notification may, of the duties of Official

Rules.

Administrators

Administrators

and

to

prescribe the
services.

remuneration

(ifany)

granted

to

them

for their

688

No.

OF

1920.

Chapter LIMITED A.
Probate
or
"

IV. GRANTS.

Grants
will

Limited been
lost
or

in

Duration. mislaid
or

draft

of copy of lost

37.

When
or

the has

has

since

the

testator's

wilJ.

death,
act

been

destroyed by
a

of the

testator, and
may
a

copy

wrong the or

accident

and

not

by

draft

of the
copy
or

will

has

any been

preserved, probate mitil the original or

Probate contents
or

be granted of such properly authenticated has

draft, limited

copy

of it be and
no

produced,
copy

of of lost

38.
been

When made

the
nor

will

the
can

draft
be

destroyed

will.

contents, if they
of copy

been lost or destroyed preserved,probate may estabhshed by evidence.

the

has
its

be

granted of

Probate where exists.

39. of the deliver and

it

When

the

wiU

is in

possession of
who been has

person
or

original

Federated
it up, but

Malay
a

States
has

refused

residingout neglected to
the

copy

transmitted

to

executor,

should

that of the estate for the interests is necessary be granted without waiting for the arrival of the may
or an

probate original,
until

probate
the
Administration until will

be

granted

of the
copy

copy

so

transmitted, limited

will

authenticated
no

of it be
is

produced.
but there is

40.
reason

When

Mill of the
that

deceased
is
a

forthcoming,

to beHeve may

there

produced.

be

copy B.
Administration,
with will to of

of it be

granted, hmited produced.

the

will in existence, letters of administration until the will or an authenticated

"

Grants When and

to

for

Use

and

Benefit

of

Others
the

having

Right.

41. States

annexed, attorney
absent

is absent executor any within there is no executor

from the

Federated

Malay
States
may

Federated
will

Malay
annexed for the

executor.

wilUng be granted
benefit

act, letters
to

of administration

v/ith the

the

attorney of the absent

luitil he to

executor,
shall

use

and
or

of his

principal,limited granted

obtain

probate

letters of administration
Administration,
with will to of person

himself.

42.

When with
the

any

will

annexed, attorney
absent entitled.

tion if present, letters of administrato whom, person annexed might be granted is absent from the
letters

Federated annexed 43.

to

Malay States, be granted to may

a

of

administration
as

with

the

will

his attorney, limited

to administration

above-mentioned.
case

Administration in intestacy attorney of absent entitled.

When

person

entitled Federated

in
no

of

is absent

from
is

the

Malay
person,
executor

States

and

person

perso"i

entitled
to the

willingto act,
a

letters

of administration limited
or as

attorney of the
When
minor

absent is

may above-mentioned.

intestacy equally be granted

Administration

44.
the

sole with

sole

during minority
of sole
or

letters of administration

the

will annexed
or

executor

residuary

legal guardian
shall

of such

minor,
the minor

to has

such

may other

residuary legatee, be granted to

the as person his majority, at

legatee.

Court which
to

think

fit,until
not

attained
the

period, and
When
has

before, probate of
two minor
or more

will shall be

granted
executor

him. 45. there

are or more

Administration dnring minority

of several executors
or

executors

and

no

who
no

majority, or residuary legatee who has

until
one

attained

two

attained attained

residuary
legatees.

limited

of them

has

residuary legateesand majority, the grant shall be his majority.

PROBATE

AND

ADMINISTEATION.

689
or residuarylegatee, Administration for
use

46.
a

If

sole executor would

be

or

sole universal
to

or

person

who

solelyentitled
for
the the
case

the

estate

of the
be

intestate

and of minor

benefit
or

intestate

according to the rules applicable in

the
case

distribution
of with the
or

of the

estate
a

of

an or

lunatic.

deceased,
without the

minor

lunatic, letters
as care

of administration

may
estate
no

be, shall
has

be

granted
other

to

the will annexed, the to whom person

of his be

been

committed
to such

by competent
as person of the minor

authority or,
Court
thinks

if there fit to he

such

appoint,

person, for the use

or

the
or

and

benefit

lunatic, until
case

attains

47.

majority Pending any

person
or

becomes

of sound the

mind,

as

the

may will

be. of
a Administration

suit

deceased

for

touching obtaining or
of
of

validity of
any

the

revoking
the Court deceased and

grant
have

of

letters
of

of
the

administration,
estate

probate or any appoint an may

who other

pendente

lite-

administrator
all the

such
a

person, such

shall
than

the

right of
be

rightsand powers such distributing

to

general administrator
;

estate

every

administrator and shall

shall act

subject

the

immediate

control

of the

Court

under

its direction.

C. 48.
m

"

Grants be

for

Special for any

Purposes. limited
purpose

If

an

executor

appointed
take

specifiedProbate
and, if he
to purpose will.

limited

the will,the
an

probate
to

shall be limited

to that
on

appoint
49. If

attorney
executor prove
a

administration

purpose, his behalf, the letters

specified in

of administration
an

with

the will annexed

shall be limited
an

accordingly,
Administration with to will limited annexed

appointed generallygive
will
on

attorney
to
a

to

his

behaK

and

the

authority to an authority is limited

with
the

particularpurpose,
shall be
Where
a

the letters

of administration

will

particular

annexed 50.
sole
or

limited

accordingly.
he
was

purpose.

person

dies, leaving property of which

or

the
on

Administration
limited to trust

surviving trustee
account,
or

in which
no

he had

no

beneficial interest
one

property.
or generalrepresentative

his

own

and

leaves act be
as

who

is

unable to such

unwillingto
property,
on

such, letters of administration, limited

may

granted
that
a

to

the

beneficiaryor

to

some

other 51.

person

his behalf.
Administration
limited to suit.

When

deceased
person

letters
in

such

the representative of a person or pending suit and the executor is unable entitled to administration or unwilling to act, be granted to the nominee of administration of a party may of representing the deceased suit, limited for the purpose
it is necessary
a

be made

party

to

in the the
same

said suit,
or

or

in any

other

suit

which the

may said

be

commenced
or

in

in

any

other be made

Court
at

between
issue

parties,

any

other
until
a

parties, touching the

final

matters

in the

suit, and
into

decree

shall

therein

and

carried

complete
Administration limited purpose to of

execution. 52.
whom

If at
or

the

expiration of
same

twelve

months the

from

the
or

probate
to

letters the

of administration has
or

executor

date of any administrator from

the

have

been
may to

granted
grant
suit

is absent

becoming
to

party
be

Federated
it thinks

suit to

Malay States, the Court

fit letters and
or

of administration made
a

to any person whom limited of to the purpose

a

brouglit

against

executor or administrator.

becoming
the
be

being
into

party
and

to

be

brought against
which may

executor

administrator effect.

carrying the

decree

made
Ill
"

therein
44

690
Administration limited collection deceased's to and of

No.
In

OF

1920.

preservation property.

in which it appears for preserving the case any necessary the of deceased Court a grant, to any person person, property may the Court thinks fit, letters of administration Umited whom to the

53.

collection and preservation of givingdischargesfor debts due of the Court.

the

property of

the

deceased
the

and

to

to his estate,

subjectto

directions

Appointment
as

54.
wliich

(i) When
there is
no

person
executor

has

died

intestate,
death

or

leaving
to

a or

will

of

administrator other who

of person than one under would

willingand
of the

competent
of such
it appears
some

act,

where

the
out

executor

is, at the time

Federated
or or

ordinary
be

circumstances entitled to administration.

of the necessary
estate

be
the

Malay States, and convenient to appoint

person, to the
to

resident Court
to

person

administer

under the who part thereof other than any person be would entitled to a grant of administration, ordinary circumstances in its discretion,having regard to consanguinity, the Court may
amount

of interest, the be administrator,

every

safetyof

the

estate,

and such

the

probabilitythat
as

it will be

properly administered, appoint

such Court
case

person

it thinks

fit to

In (ii)
or

letters

of administration

may

be

limited

not,

as

the

thinks

fit.

D."
Probate with to will
or

Grants
nature
or

with

Exception.
case

55.

Whenever

the

of the

requires that exception.

an

exception
the will

administration annexed

subject eiception.

be made, probate of a will annexed shall be granted 56. Whenever the

nature

letters of administration such

with

subject to
of the

Administration

case

subject to eiception.

be made,

letters of administration

shall be

requires that an exception granted subject to such

exception.
Additional administrator.

56a. Whenever the nature of the case requires the Court may administrator administrators additional or appoint an additional the originaladministrator such terms to act jointly with and on
as

the

Court

may

think

fit.

E.
Probate of the
or

"

Grants
wdth

of

the

Rest.
or

57. Whenever
of administration the

grant
or

exception, of probate,
the will

of letters

administration rest.

with

without

annexed, has been

made,

entitled to probate or administration of the remainder person of the deceased's estate take a grant of probate or letters of may administration, as the case be, of the rest of the deceased's may
estate.

F,
Grant of effects

"

Grants
to

of

Effects

Unadministered, has
been

58.

If the
a

cxccutor

whom

probate
estate

granted
of

has
a

died
new

unadministered.

leaving

part

of

the

testator's

unadministered,

be appointed for the purpose representative may such part of the estate,
Euies
as

administering

to

59.

In

granting
the

letters of administration shall be

shall

of the

an same

estate

not
as

Sminis^tS

administered
to

Court

guided by

rules

fully apply

original grants and only to whom persons

to those grant letters of administration made. been have originalgrants might

PROBATE

AND

ADMINISTRATION.

691
when limited

60.
the

When

limited of the

happening
there

and

is still some

or grant has expii*edby effluxion of time limited event or contingency on which it was part of the deceased's estate miadministered,

fnd^ldm?n^stra
tion

incomplete.

letters of administration

shall have

be

granted
made.

to those

persons

to whom

originalgrants might

been

Chapter ALTERATION 61. time

Errors in
names

V. OF in GRANTS.

AND and

REVOCATION

descriptions,or
the

setting forth

the

What

errors

and

place

of the

deceased's

grant,
or

be rectified may letters of administration

by
may

in a limited death, or the purpose the and Court, grant of probate

be may rectified Court.

by

be altered

and

amended

accordingly.
When codicil after of discovered

with the will grant of letters of administration it codicil be be added the to discovered, annexed, a grant may due on proof and identification,and the grant may be altered and

62.

If, after the

grant

administration will with annexed.

amended 63. revoked

The

accordingly.
grant of probate
or or

letters

of administration

may

be

Revocation annulment

or

annulled
"

for Just

just cause.
"

for

just
" "

cause.

Explanation
(1) that (2)
that

cause

is

the

proceedings to
;

obtain

the

grant

were

defective

in

substance the

grant
material

was or

obtained

false

suggestion
to
was

fraudulently by maldng from the Court thing someconceahng by

case

the

(3) that

of untrue an by means allegationof a fact essential in point of law to justify in ignorance the grant, though such allegation made was or inadvertently ; useless and inoperative through (4) that the grant has become the

grant

obtained

circumstances

(5) that
and

the

person without
or

to

whom

the

grant

was

made
to

has

wiKuUy
an

reasonable
account in

cause

omitted with
or

exhibit

inventory
of under
untrue

accordance

the
has

provisions
exhibited which
is

Chapter
that
in
a

VIII

of

this
an

Enactment,

Chapter
material

inventory

or

account

respect.

Illustrations.

(a) (b)
cited.

The The

Coiirt

by which
was

the

grant

was

made

had

no

jurisdiction. ought
or

grant
will
obtained

made

without

citing parties who

obtained to
never was

to

have

been

(c) The (d)

but it A has has wiU

of

which
letters

probate
of that

was

forged
estate of to

revoked.
as

administration she to the

was

the

B,

his widow,

since taken has

transpired
administration been
was

married of B
as

him.

(e) A
but
a

estate

if he

had

died

intestate,

since

discovered.

(/) Since
iq) Since
or

probate

granted
a

later codicil

will
has

has

been

discovered. which revokes

adds

to

granted probate was of the appointment

become

been

discovered
the will. of

executors
was,

under
or

to whom {h) The person granted has subsequently

probate
of

letters

administration

were,

unsoiind

mind.

692

No.

OF

1920.

Chapter
THE PRACTICE AND
Court's powers

VI. AND REVOKING

IN

GRANTING OF

PROBATES

LETTERS
shall have

ADMINISTRATION.

64.

The

Court

to the granting pro^bateTnV^

admiuistration.

of

probate

and authority in relation the like powers all and letters of administration, and
law

matters to any

Connected civil suit

or

therewith,

as are by proceeding pending

vested

in it in relation

in the

Court. and be under

Court person

may to

order

65. into

(i)The
Court
any

Court paper
may

may
or

order

any

person
or

produce

writing being

testamentary
papers.

which control of such

be shewn

to be in the

to produce purporting to possession or

bring
mentary, testa-

the

person.
showti

(ii)If
to

it is not

that control

any

such

paper
person

or

writing
there
or

is in is

the

possession or
believe Court the
may

under he

the has

of such attend

but

reason

that

knowledge
him
same.

direct

to

of any such for the

paper
purpose

of

writing, being

examined

respecting the

such Such to answer questions as may (iii) person shaU be bound be put to him by the Court and, if so ordered, to produce and bring in such paper or wtiting and shall be subject to the like jjunishment, in case of default in not attending or not answering such questions

bringing subject to if he
or

not

in

such

had

or writing, as paper been a party to a suit

he and

would had

have made

been
such

default.

(iv) The
Court.
Regulation proceedings
Court.
of of

costs

of the

proceeding
of the Court

shall be

in the

discretion

of the

66.

The

proceedings provided,
will

in

relation far

to

the
as

granting of
hereinafter of for the

probate
otherwise the time
case

and

letters of administration be

shall, except
as

regulated, so
the

the Code

circumstances
in

admit, by

Civil Procedure

force

being.
Probate deceased of the will
or

"When

67.
or

letters of administration the

to

the

estate

probate
may be

administration

of and

granted

by

Court.

person signature of the

as

granted under may if it presiding officer,

be

seal of the

Court

verified
same

hereinafter the
testator

mentioned,
or a

of the
as

by a petition, appears for the applying person

case

that

intestate,
fixed the

the

may
or

the

time

of his decease
or

movable
Conclusiveness
of probate letters of
or

immovable,
or

within

place of jurisdiction
shall

of abode,

any

be, had at property,

Court.

the

68.

Probate

letters of administration
over

(a) have
and

effect

all the

property, movable
the Federated

or

immovable,

administration.

of the

deceased

throughout
to

Malay States,

{b) be

conclusive debtors which

as

the

of the

deceased
to

and

representative title against all all persons holding property paying

of their the debts and

belongs
full

him, and
to

(c) afford

indemnity

all debtors such

all persons whom such have been

deUvering up
probate
or

property

letters

to person shall administration to

granted.

694 (e) that

the deceased of abode

No.
at
or

OF

1920.
time

the

of

his

death
situate

had

fixed the

place of jurisdiction (/) that,

has to the

had Court

some

property
and

within

the

best made

of the
to

beHef, petitioner's
Court where
at at any

no

been

the States

other

application place in the

of has

Federated the
been
or same

Malay
the

for letters any

it

of administration
such

estate, or,

appUcation
made,
the the

made,

place

which made

was

person

persons any, had thereon.

Petition for
or

by

whom

it was

and

proceeding, if
shall in

probate
to and be

administration

signed

verified.

petitionfor probate subscribed by the the in manner following petitioner

all
cases

73. The

or

letters of administration

be

petitionerand
or

be

verified
:

by

the

to the

like effect

"

I, (A. B.,) the

is stated

petitionerin
is true, to

the the

above best

petition,declare
of my information

that and

what

therein

behef/'
Verification
of

74. Where
administration verified

the

appUcation
the
one

is

for

petition
probate
witness

for

by
to

with

one

will annexed, of the

witnesses
or

for letters probate, or the petition shall also

to the will
:

of be

will.

by

at

least

(when
and

able) procur-

in the

following

manner

to

the
to

like effect the

"I, (C. D.,) one

of the
testator

of the

witnesses
in

last will

testament

petition,declare that I affix his signature {or mark) the said testator was present and saw thereto {as the case he) {or that the said testator acknowledged may the writing annexed to the above petitionto be his last will and in my testament presence)."
Punishment false averment
or

mentioned

the

above

for

75. If any
verified verification
to

petitionor
any
or

declaration
averment

which which be

is the

contains knows

in petition declaration.

hereby required to be making the person

person

believes

to

false, such

shall

be

pimishment according to the provisions of the law for subject the time being m force for the punishment of giving or fabricating
false evidence.
Court examine may

76. (i) In all

cases

the

Court

may,

if it thinks upon due

fit,
or

petitioner, require further evidence, and

issue citations.

(a) examine
or

the

in petitioner

require further
of the
as

evidence of
the

person of the

oath
execution

affirmation of the of

will,

right
the

petitionerto
be ; and of the the

letters

tration, adminis-

case

may
estate

ic)

issue any
see

citations interest

calling upon
in the

all persons claiming to deceased to come

have
and

the

proceedings

before

grant of
in
some

probate

or

letters

of administration,

(ii)Every
the
may

citation

Court-house,

shall

shall be fixed up be served upon

be otherwise

conspicuous part
persons
or as

of

such

the

Court
in

direct, and
manner as

shall

published

made

known

such
Caveats

the Court

may

direct.

against

77.

(i) Caveats
may be

grant
or

of probate administra-

tion.

Registrar or
whom the
same

tration against the grant of probate or letters of adminislodged with the Registrar,or with any Assistant Deputy Registrar,of the Supreme Court.
on a

(ii)Immediately
is

caveat shall

being lodged,
send
a

the to

officer every

with

lodged

copy

thereof

other

PROBATE

AND

ADMINISTRATION.

695 Court,

Assistant

and, if
78.
"

he

Registrar and Deputy Registrar of the Supreme be not the Registrar,to the Registrar.
caveat

The

shall be be
,

to in

the the

following effect
matter

Nature caveat,

of

Let

nothing

done

of the
on

estate

of
19
,

deceased,
at
,

who

died
notice taken
a

the
to C. D., of

day

of A. B., late of
,

without

79. letters
has has
some

No

proceeding
entered
with
or

shall

be

on

of administration
the notice

after Court after

as

caveat

been been

at the has

petition for probate or against the grant thereof place at which the apphcation
a

Effect

of caveat,

made,
has

thereof
such the
to

been to

given of
the person

its

entry

at

other
same

place, until
been

notice

by
of

whom

the

entered
it appears

Court Court

shall think that

reasonable.
a

80. should
in
manner

Whenever
be

the

probate
same

will

Form "^

granted, the following:

Court

shall

grant the

under

its seal

of grant p^^ate.

Judicial Commissioner or Commissioner or "I, (Chief Judicial Assistant Registrar,or Deputy Registrar of the Supreme Registrar, laioWn that on the day of Court,) hereby make
in the
a

year whereof copy and before me,

the

last will of

late of
, ,

is hereunto

annexed,
Way
in
same

was

proved

and

registered

that

administration
in any executor the

the to

said deceased, and

the
,

credits of of the property and granted concerning his will. Was the said
to

will named,
make
a

he

having
true
same or

undertaken

to

administer said

and

full and
the

inventory
in this

of the

property
six time

and

credits
the may
a

and
date

exhibit

Court such and

within further also to

months
as

from Court

of this
time account
same

grant
to

within

the
to

from
true

time

appoint,
said within The 81.
tion the
same

render

this
one

Court
year may

of the
date
or

property and
such
further

credits
time
as

within the

from
time 19
,

the

Court

from

to time

appoint.
Form of

day
Whenever
to the

of

." of administraa

that it appears to the Court of a person deceased, with estate should

manner

letters
or

grant

without shall

copy

of
the

administration.

will

annexed,

be

under

its seal in

granted, the following:

"

Court

grant

"I,

(Chief Judicial
make

Commissioner that

or

Judicial

Commissioner of

or

Registrar,Assistant
Court), hereby
in

or Deputy Registrar,

Registrar of the day

administration

Supreme (with
or

known

on

the

the

year
the

letters will annexed,

to
as

of

without credits
Were

the
late

case

may the
,

be)

of the

of
,

of

property deceased,
,

and

granted
he) of
and the
to

(father or
to

as

the

case

may
same

deceased,
a

he

having
true
same or

undertaken

administer said

the

make

full and the

inventory of
in this

the

property
as

and from Court Court

year

credits
the may
a

and

exhibit of this
time

Court
such

witliin six months

further time the this
one

date from

grant
to time

within

appoint, and
said
such

also to render credits

time
as

to

true

account
same

of the
date
or

property and
further

within
the

from

the time

within

Court

from may The

to

time

appoint. day of

19
,

."

696
82.
or

No.

OF

1920.

Administration bond.

Every

person

to

whom,
whatever

not

being
name

an

Official Administrator
or

Official Trustee

(by

called) appointed by

under
any
or

provision of the Ifederated legislative any the United of of them Kingdom or any or

Malay
British

States
is

or

of

Possession
mitted, com-

probate is granted, shall give a bond to the Registrar of the Supreme Court for the benefit of the Registrar for the time to enure being, with the estate within the jurisdiction at which two sureties in the amount is sworn, getting in, and administering engaging for duly collecting,
the estate
in two
use or

Protectorate, any grant of letters of administration and, if the Court so direct, any person to whom

of the
in such

deceased, which
other form
the any
as

bond the

shall be in the form Judicial Commissioners

heretofore
or

any
one,

of them,
time
to

of whom
time

Chief Judicial

Commissioner

shall

be

from that
number

by

general or specialorder
reasons

direct.
or

Provided the reduce

the

Court of the the

shall

may sureties

for sufficient
or

increase

decrease

dispense with
bond,
of
the
or

them,
the

and

enhance discretion the

amount

of the the

and

Court
and

or may in exercisingits

consider
the amount

standing

of the

the parties, the share

extent

nature

of the

property,
A

debts,

of

administrator's
Assignment
administration bond. of

personal interest
Commissioner
on

distributive
on

in the

estate.

83.

Judicial

may, the

application
engagement
terms into
as

made

by
such

petition and
bond the has
not that

been the

being kept,
money

satisfied that and

upon

of any
to

such be

security,or
or

providing
as

received
may to
some

paid

Court,

otherwise direct
the

Judicial

Commissioner
same

think

fit,by

order
to

Registrar to
in
on

assign the
in his

proper if the
same

person, had

be named
to
sue

the

order, who
to

shall, upon
own name

such
as

assignment, be entitled
been shall be thereof. who has

the said bond him

originally
entitled
the to

given
recover

instead
as

of to

the

Registrar,and

thereon,
recoverable Where
an

amount
Discharge
bond. from

all persons trustee of breach in respect any

or

for

interested,

full

administration

given a bond under Section corresponding provisions of any 82, or under Enactment hereby repealed,and is in possessionof any part of the the provisions intestate has compHed with of the testator estate or of Section 102 so far as is practicable but is prevented from fully of inability to ascertain to comor municate by reason complying therewith entitled to the residue in with the persons beneficially exhibit in the Court his hands, he may an account, duly audited, and may thereafter, showing how the estate has been administered
84.
executor

administrator

the

Avdth the leave After such

of the Court, pay

into

Court

the

residue

in his hands.

is payment into Court the Court shall, unless good cause administrator and shewn to the contrary, discharge the executor or of the said bond. his surety or sureties (if any) from the obligations
Time wliich
or

before

85. of
seven

No

probate
not

tion administrashall

probate of a clear days,

until

will shall be and

no

granted
of

until after the administration clear

e^fpiration
shall

letters

be the

be

granted.

granted day of the

86. the

after the

expiration of fourteen
or

days,
the with

from

death

of the testator
shall

intestate.

TMns
in

of wills

(i) There

be
all

filed and

preserved

among

records

of
of

Court.

Supreme
may

Court be

originalwills and
letters

authenticated

copies
the

wills of which annexed

probate or granted by

of administration Court.

will

the

PROBATE

AND

ADMINISTRATION.

697
two

(ii)The
of the wiUs 87. other

Judicial

Commissioners
shall

or

any

of them,
the

of whom

the Chief Judicial Chief filed

Commissioner
to

Secretary
as

Government,
of the

be one, may, with approval make regulations for the

or

preservation and
so

inspection
aforesaid.

wills

authenticated

copies of
no Exclusive

After
than

grant of probate or any the person the to whom

power such to
sue or

letters of
same

administration,
have been
act

shall

granted g"a"ntee"of
as

shall have

representative of the
States, until
been

prosecute any suit, or otherwise deceased, throughout the Federated

or

/"" pJ"*]^^^
.

Malay

to

sue,

etc.

probate
before

letters

of administration

shall have

revoked.
In any
case

88.

the Court
as

in which

there

is contention

the

Procedure

iu

form of a suit, cases."'"*"^ nearly as may the the of Civil in force Procedure Code provisions time in which the petitioner for probate or letters of for the being, and the administration, as the case be, shaU be the plaintiff may who have the grant appeared as aforesaid to oppose may person

proceedings according to

shall

take,

be, the

shall be the 89. Where

defendant. any

probate is,
bond

or

letters

of

administration

are,

Saving
where
or

revoked, (a) all payments

under
before the

of rights probate

tion administrarevoked.

fide made such probate

thereof
a

to
or

trator adminisexecutor or any letters of administration

revocation

shall, notwithstandmg
the person
have

such
the

revocation,
same

be

legaldischarge to
who
or

making
acted

and
or

(6) the

executor such

administrator

shall

under
may

any retain

revoked

probate

letters
out

of administration of
the assets

and
in

reimburse

himself

of

the

deceased
the person

made by him which respect of any payments letters of admmistration to whom probate or

shall be 90.
in the to be

afterwards

granted might
hereinbefore
an

have

made. la\s^fully
it shall be
Power letters to refuse of istration. admin-

Notwithstanding anything
discretion recorded of the Court
to

contained,

make

order

by
a

it in

wTiting,to grant
under

of administration 91. revoked the

made

any this Enactment.

9

for reasons refusing, applicationfor letters

(i) When
or was

grant of probate or letters of administration this Enactment, under the person amiulled to whom
made Court
at

is

Surrender revoked
or

of

probate
of

letters

grant

shall the

forthwith

dehver

up

the

probate

administration. or

the made. place where grant was without and sulficient omits cause so wilfully person fine to deliver up the probate or letters, he shall be punished with thousand extend to one which dollars, or with imprisonment may which of either description extend for a term to three months, may

letters to

the

(ii)If such

or

with

both.

Chapter
THE

VII. OR
has survive

POWERS An
executor
causes

OF
or

AN

EXECUTOR

ADMINISTRATOR.
same

92.
exercise the

administrator of action
that

the

power

to

sue

in may at

Causes

of action and
^*

respect of all
the time

the

deceased, and
due
to

deceased,
death

same

powers
as

for the the

of his death,

of debts recovery deceased had when

him

.'^'^^

living.

698
Demands survive and to and

No.
All
any

OF

1920.
and all

93. defend

demands
suit at the
or

whatsoever,
other
time

rights of suit against

executor or administrator.

rights to prosecute or proceeding,existingin favour of or against

his decease
survive

to and against his of action for defamation, administrators, except causes assault as defined in the Penal Code, or other personal injuries not where after causing the death of the party, and except also cases the death of the party the rehef sought could not be enjoyed or be nugatory. granting it Would person executors
a or

of

Illustration.
A collision of death. the takes

place
afterwards not

on a

railway

in is

consequence

of

some

neglect
not
so as

or

default
cause cause

officials, and
He

passenger dies without

severely h\irt, having instituted

but

to The

any

suit.

of action

does

survive.

Power

of

executor or administrator
to dispose of property.

has, subject to the provisions dispose,as he thinks fit,of all or of the property for the time being vested in him under Section 4. any of an executor to dispose of immovable (ii)The power property is subject to any restriction which be imposed vested in him so may in this behalf by the will appointing him, unless probate has been granted the probate permits granted to him and the Court which him in order an writing, notwithstanding the restriction, to by immovable of dispose property specifiedin the order in a any order. the manner permitted by the previous permission An administrator not, without (iii) may of the Court were granted, by which the letters of administration transfer by sale, gift,exchange, or (a) mortgage, charge, or immovable otherwise being property for the time any
94.

(i)An

executor

or

administrator
to

of this

section, power

vested

in him

under

Section

4,

or

(b) lease any such property for a (iv) A disposal of property by an of sub-section contravention or (ii)
be, is voidable may in the property. (v) Before
any at

term

exceeding
or

five years,
in
case

executor

administrator
as (iii),

sub-section other

the

the

instance

of any of
shall

person

interested

probate
a

or

letters there

administration
be

is

or

are or

granted
annexed

under
thereto

this Enactment
copy

endorsed

thereon

of sub-sections the
case

and (i),(ii),
may

(iv),or
be

of subsections 102.

and (i),(iii),

(iv),as

be, and

of Section

(vi) No
invaUd last

probate or letters of administration of the endorsement or annexure by reason not having been preceduig sub-section
thereto,
authorize
in
nor an

shall

rendered
the
or or

required by
made
an

thereon

attached
annexure

shall the
executor

absence
or

of such

endorsement
to
act

administrator

otherwise

than
Purchase
executor

accordance
an

with
or

the

provisions of
property
any

this section.

by
or

95.

If

executor

administrator of

purchases, either directlyor

of the

administrator of deceased's

indirectly, any
voidable
at

part of the
instance

deceased, the
interested

sale in

is

the

other

person

the

property.

property
Powers several
executors
or

sold. there
are

of

96.

When

several

executors

or

administrators,

the

administrators exercisable

of all may, in the absence of any direction to the contrary powers in the will or grant of letters of administration, be exercised by any
one

by

one.

of them

who

has

proved

the

will

or

taken

out

administration.

PROBATE

AND

ADMINISTRATION.

699

Illustrations.

(a) One

of several
has has

executors to to

has

power
a

to

release

debt

due

to

the

deceased.

(b)

One

power power

surrender sell the

lease.

(c) One
immovable.

property
a

of

the

deceased,

movable

or

(d)
(e)

One One The

has has

power power

to to

assent endorse

to
a

legacy.
note

promissory
D
can

payable
and
a

to

the

deceased. that two

(/)

will
shall

appoints
be
a

A, B, C, and
No act

to

be
be

executors

directs

of them

quorum.

done

by of

single

executor.

97. Upon
administrators of any

the

death
all the to

of
powers in

one

or

more

several
in

executors the

or

survival powers executors

on

of death

of the
in

office the

become,
or

absence

direction

the

contrary
the

will
or

grant of letters of

or

administration, vested
98. The
to

survivors

survivor.

admiDistrators.

administrator such

of
same

effects

unadministered
as

has,

with

Powers

of

respect
or

effects,the

powers

the

original executor
of

of^"ffeotfun"
administered. powers of

administrator. 99. An
''

administrator

during mmority

has

all the

powers

an

ordinary administrator,

administrator

dunng

minority.

Chapter THE 100. DUTIES

It is the

VIII. OR
to

OF

AN of

EXECUTOR
an

ADMINISTRATOR.

duty

executor

provide

funds

for

the

Deceased'! funeral ceremonies.

performance
a manner

of the

suitable purpose.

funeral ceremonies of the deceased in necessary to his condition, if he has left property sufficient

for the 101.

(i) An
within

executor six months

or

administrator from
or

shall
or as

inventory

and

(a)

the

grant of probate
such further
time

letters the

of

account.

administration,
which time

within

Court

from time to granted the probate or letters may that in Court an inventory appoint, exhibit of all the property in containing a full and true estimate also all the debts possession, and all the credits, and the trator adminisexecutor to which or owing by any person
is entitled in that
one as

character,

and
or

(6) in

like

mamier

within
time

such
time the in

further

the
an come

the grant, year from said Court from may

account to his
or

within
time to

appoint,
assets

exhibit
have have

of the hands

estate, shewing
and

which

the of,

manner

which Judicial

they

been

appUed
or

disposed
may
or

(ii)The
the time this

Commissioners Commissioner form

in which

Chief

Judicial

shall
an

any be

two
one,

of them, from
account

of whom
time to

prescribe the
section
an

inventory
on

under

is to

be

exhibited.
or

If (iii) Court deemed Penal

to

executor
an

admmistrator,
or

being required by
under

the

exhibit have

inventory
to

account the

tliis section,
shall be 176

intentionallyomits
to

comply
an

with

requisition,he
under Section

committed

offence

of the

Code.

700 (iv) The

under

No.
exhibition
shall

OF

1920.
or

of

an

false inventory intentionally

to be
an

account

this section Penal

The

be deemed

offence under

Section

193

of the
and

Code.
executor
or

Collection o" dealing

the

102.

administrator the
shall

shall

with of the due

in

all reasonable deceased the and with deceased's

with

expedition
the debts
estate and

and
the

diligencecollect
to him

property
all debts

property.

due

and

legaciesunder
no

pay the will

by

(ifany),
and

accordance
the the to his

the when
to

provisions hereinafter
there
over

contained,
or

shall forthwith
to to

proceed,
contrary,
person
or

is

minority
residue thereto
manner

other

hand

the

of the and
to

specialreason estate (ifany),

his final he

persons

entitled

make

report

the

Court

setting forth the

to Expenses paid first. be

in which to

has

discharged
amount,

duties.

103.

Funeral

degree and previous to

Expenses paid next
such to be after

a expenses quality of the deceased, and

reasonable

death-bed

fees for medical

his

attendance, and board and death, are to be paid before

of

according to the charges,including lodging for one month

all other

debts.

expenses.

obtaining probate or expenses for or in respect of any including the costs incurred judicial be for administering the estate, proceedmgs that may necessary after the funeral death-bed and to be paid next are expenses charges.
104. The
tion, letters of administra-

"Wages
certain

for services

105. three domestic the

Wages
months

due
next

for services

rendered his death be

to

the

deceased

mthin

the

to be next paid, and then other debts.

preceding
are

servant

next to

to

deceased Save he

according
as

their

paid, (ifany). respective priorities

shall have
a

any labourer, artizan, or and then the other debts of

by

Save to be

as

said, aforeover

106. debts far

as

aforesaid, no
but

creditor
or

right of priority

all debts

paid equally and rateably.

another,
as

the of the

executor

administrator
own,

knows

of, includmg his

deceased
will

shall pay all such and rateably, as equally

the

assets

extend. be

Debt?

to be

107. 108.

Debts If the

paid before legacies.

Executor
not
or

of every
estate executor

descriptionshall
of the
or

paid

before
to any

any

legacy.

deceased administrator

is

subject
is not

contingent
to

administrator bound
to

an liabilities,

legacies pay without

indemnity.
Abatement of

legacy without a become they may

109. and
in

sufficient due.

indemnity

to meet

any pay the liabilities whenever

bound

general legacies ; no preferential payment.

(i) If the assets, after payment

not the latter

are specific legacies,

fuU,

shall abate of any

sufficient to pay be diminished or direction

pay
one

of debts, necessary expenses, all the general legacies

in

equal proportions.
in the

(ii)In the absence

the executor
nor

to

the

contrary

will,

has
any

no

right to
money he is
a on

to

retain

account trustee.

legateein preferenceto another of a legacy to himself to or

and the assets
sufficient

any
No of abatement

person

for whom there

is

110.

Where

specific legacy

are

specific
when

legacy
assets

sufficient
to

of debts and necessary for the payment the thing specified expenses, shall be delivered abatement, to the legatee Without any

and

debts pay expenses. under when

111.

Where for
a

there
the

is

demonstrative of debts and

legacy

and

the

assets

are

Kight

demonstrative

sufficient the
and

payment

legacy
assets

legatee has
fund is

sufTicient debts to pay expenses.

from

claim for payment preferential which the legacy is directed

necessary of his
to

expenses,

the

be

legacy out of paid until such

part of the

fund

exhausted, and

if,after the fund

is exhausted,

702
116.
and

No.
The
assent

OF

1920.
to he
a

Conditional assent.

of
there

an

executor
one

if the

condition

is

which
no

has

be conditional, legacy may a right to enforce, and it

is not

performed,

is

assent.

Illxtstrations
.

(a) A
and at assents the

bequeaths
the to death the due is of

to A

his
were on

Klang, which subject to a charge for

at that the B shall at testator's

lands

at

the

date

of
The

the

will

$10,000.
a

executor time pay

bequest
on no

condition

within death.

limited
amount

amount There The

a

the

charge
to The
a

The

is not

paid. (b)
pay him

assent. assents

executor
svim

of money.

bequest payment

on

condition
made.

that The

the

legatee shall
is
theless never-

is not

assent

valid.

Assent executor
own

of to his

117.

(i) When
is necessary

the
to

executor

is

legatee,his
title to is to
or

assent the

to
same

his way

own as

legacy.

legacy
it

is necessary when in like assent maimer may

complete his the bequest

be

it in

another

person, of
to

and

his

express if in which

implied.
manner

the

(ii)Assent property

shall
he

be

impUed
any act to

his

administering
character
of

does

is referable

his

legatee and

is not

referable

his character

of executor.

Illustration.
An executor to

takes him

the
and

rent

of

house
to

or

the
own

interest
use.

of
This

mtinicipalsecurities
is assent.

bequeathed
Effect assent. of

applies it of the

his

118. from

The

assent

executor

to

legacy gives

effect to

it

executor's

the

death

of the

testator.
Illustrations.

it is assented to legatee sells his legacy before by the executor. of the subsequent assent piuchaser operates for the benefit and completes his title to the legacy. from The his death. executor (6) A bequeaths "1,000 to B with interest does not assent to this legacy until the A's death. expiration of a year from

{a)

The

executor's

is entitled

to

interest

from

the

death

of

A.

Time

for of

119.
until

An

executor

is

not
one

bound year

to

pay
the

or

dehver

payment legacies.

the

expiration of

from

testator's

any death.

legacy

Illustration.
A

by

his
The

will

directs

his

legacies
bound

to to

be pay

paid within
them

six the

months

after

his
a

death.
year.

executor

is not

before

expiration of

Chapter PAYMENT
Commencement of
no

X. OF the will and from

i
,

AND
an

APPORTIONMENT
is

ANNUITIES.
no

120.
when

Where
i /-"

annuity
i

given by
commence
i

time
,
"

is fixed

annuity
time

for its Commencement,

and
i

it shall shall
n

the testator's
"

death,
a

fixed

by

will.

the

nrst

payment
event. there is

be

made

at

the

expiration

of

""

year

next
When to be

after

that

annuity,
paid

121. of the due

Where
or

direction
first

that

the

annuity

shall

be

paid

quarterly, or monthly, Crst

falls due.

quarterly
testator's
;

monthly,
quarter
and
executor
or

the first

first

shall be due at the end payment be, after the month, as the case may
the executor

death the

shall, if

think
to

fit, be paid when

pay it till the

but

shall not

be

bound

end

of the

year.

PROBATE

AND

ADMINISTRATION.

703
first payment
other

122.

(i) Where
shall be

there made

is

direction
one

that

the
or a

of

an

Date

of

annuity
time sive
on

within
of the

month
or on

any

division

of

pavements when
Hfst payment
made

from

the death
the will

testator,
on

day certain,

the

succes-

payments
which

shall be made authorizes dies

the

the in

anniversary of the earHest first payment to be made.

interval between shall the
be times

day
of
to

witwn^
""

la'^certain""^

(ii)If the payment,

his
an

annuitant

the

apportioned representative.

share

of the

annuity

paid

Chapter INVESTMENT 123. Where

sum a

XI. PROVIDE
a

OF

FUNDS
not shall

TO

FOR

LEGACIES. for
investment of

life,the
in

legacy, bequeathed
of
of
one

being
at

legacy, is given specific

end of the
year be in sub-section in

the

invested

^^J^re^ie^ac
'

securities 109

of the

classes

enumerated

of (ii)
such

not

specific,
^^''

Section other

"The
or

Companies
two
one,

securities,
or

securities any be

Commissioners Commissioner
in the Gazette
as

1917," or Enactment, other classes, as the of them, of whom the Chief

of such from
time to time

si^^"" ^"'

Judicial Judicial

shall

may
the
accrue

by
shall

notification be

prescribe,and
the
same

proceeds
due.
is

thereof

paid
a

to

the

legatee

shall

124.

(i) Where
executor securities

general legacy
shall invest to
a

given

to

be

paid
meet

at

future
investment of

time, the
of the

sum or

sufficient to

it in to

referred
123.

in,

prescribed
form

from

time

any time

general

legacy,

fature^Mme^*^

under, Section (ii)The

the

intermediate
estate.
an

interest

shall

part of the
fund
answer

residue

of

testator's Where

125.

annuity

is

given

and

no

is

its payment or appropriated by the wiU Indian Government or annuity of the

to

it,

charged with an Enghsh

be

-^j^^j.^

^^

j^^^j with
* or

charged

purchased
obtained,
invested

provided
a sum

that

if

no

such to

then

sufficient
in time is

shall specifiedamoiuit annuity can conveniently produce the annuity shall

securities 123. executor is not

tnnuityr

be be
or

for that

prescribed from
126.
to

purpose time to

any

of the

referred

to

in,

under, Section

Where
the

bequest
to

contingent, the
legacy but

bound whole

Transfer

to

invest

amount estate

of the
the

may

transfer
on

the
his

residuary

residue

of the

sufficient due. 127.

estate
,

securityfor the
the

residuary legatee (ifany) of the legacy if it payment

has
a so

giving to"contingent
^^i*^^^*-

shall become

Where
to
.

testator

bequeathed
direction
much in
ipji

the

residue
be
"

of

his

investment residue

of for

person
-^.r-i

for hfe with

","

that the

it shaU estate
i,

invested
is

in

certam time be

specified securities,
of his converted
death into

oi

as

not

,,

at

bequeathed life, with

the

invested
money
"^

securities

of the
in
are

specifiedland
securities.

'" fi^esun

shall 128.
the such

and

invested
as

such

specified
securities.

(i) Such
as

conversion section
"

and

investment be
, . ,.

contemplated by
times fit.
r-

Time
manner conversion

and of and

last
manner

preceding ^
such who when
per

shall
m

made
"

at
1

such
thinks shall
"

and

in

the

executor

his discretion investment time

investment.

(ii)Until
the
person of the fund per

conversion

and

be
to at

completed,
the the income
rate

would
so annum

be

for the

being

entitled
interest

invested upon

shall receive the market

of

six

cent,

value

(to be

computed

704
as

No.
date of the

OF

1920.
of such

of the
not

testator's
so

death)

part of
terms

the

fund

as

shall
Where entitled immediate minor to of

yet have (i) Where

immediate
is
a

been
a

invested.

129.
to the

legatee entitled

by

the

of the

bequest

payment bequest.

bequeathed
pay it to any
or

or payment possession of the money or thing is no in the will to minor, and there direction on

person

his behalf, the

same

executor
at

or

administrator
the will

shall pay

dehver
or

the
the
a

into

the Court

the

place where

were,

probate was, granted,

Court

letters
to

of

administration of the

with

the

annexed

account

into

shall money,

be

sufficient

legatee and such discharge for the money

in, shall
the

payment
so

paid.
of the

(ii)Such
securities

when
to

referred

paid in, or prescribed from

be
entitled

invested
time

in

any
time

Section

123, which
to
as

securities, with
person

interest
or

to under, thereon, shall be

transferred his benefit

the
the

thereto,

otherwise

applied for

Court

may

direct.

Chapter PRODUCE
Legatee's title to produce of specific legacy.

XII. OF
is

AND
a

INTEREST

LEGACIES. entitled death.

to

130. The legatee of produce thereof, if any,

"

specificlegacy
from
the

the

clear

testator's

does not Exception. A specific bequest contingent in its terms comprise the produce of the legacy between the death of the testator and the vesting of the legacy. The clear produce of it forms part of the residue of the testator's
estate.

Illustrations.

(a) A

dehvery
lambs.

bequeaths by his executor

The

his

flock the

of

sheep sheep are

are

to

B.

Between
or some

the of

death the
ewes

of

and

shorn,

produce delivery
the death be

wool

and

lambs

the

property
to

of B

B. but falls

(6)
of of them A

bequeaths
till the the

his
of

municipal
of

sectirities
interest to B and

postpones
due between he is

the

death

C.
C

The

which

and to The

death

belongs
all
shall the

must,

luiless

minor,

paid

him

as

it is received.

(c)
that

testator notes to

bequeaths
A when he

his

four

promissory

complete
notes,
death

per the

cent.

Indian which

Government

is entitled to age, between respect of them

receive
the

but

age of 21. the interest A's

A, if he

complete
accrues

in forms

testator's

and

completing

21

part
Eesiduary legatee's title
to

of

the

residue.

131.
to

produce

o" fund.

the

legatee under a general residuary bequest is entitled produce of the residuary fund from the testator's death.
"

The

residuary

general residuary bequest contingent in its terms fund the which accrue comprise the income may upon between the death of and the the testator bequeathed vesting of the legacy. Such income of. goes as undisposed
does
not
Illustrations.

Exception.

(a) The
be

testator
to

bequeaths
he shall
to A.

the

residue
the

of

his
of

property
21.

to

A,
income

minor,
from

to the

paid

him

when

complete
the residue

age

The

testator's

death
testator the

belongs
age

(6) The complete

the death residue. goes

bequeaths
of 21.
income

of

his

property
age, is

to

when
to

he

shall

A, if he
which
of.

conapleto
accrued
in

that

entitled
the

receive

The
as

has

respect of

it since

testator's

undisposed

PROBATE

AND

ADMINISTRATION.

705 payment
of
of
a one

132. from

Where
interest the

no

time

has
to

been
run

fixed for the

from the

general
year

interest

whe:

legacy,

begins
Where
runs

expiration
in

^"J^^^eiixea o" payment

general

testator's
"

deatli. the from

was

legacy.

Exceptions. (1)
of
a

legacy
the
a

is

bequeathed
of the
or a more

satisfaction

debt, interest
the
or

death

testator. remote ancestor

(2) Where
of the

testator has

parent
in

legatee, the legacy legatee,

(3)
pay the Where
a sum

put

himself

the the
a

place
death
minor
runs

of

parent of the
testator.

bears is

interest

from
to

of the
a

bequeathed
out

with

direction
the

to

for his maintenance

testator.

of it, interest

from

death

of

133.

Where
such

time

has

been
run

fixed

for the
time

payment
so

of The

general
interest estate. remote

Interest time

legacy,interest
up to time
"

begins to
forms
Where the

from the

the

fixed.

when fixed.

part of

residue
was a

of the

testator's
or a more

Exception.
ancestor

testator

parent

legatee,or has put himself in the place of a parent and the legateeis a minor, the legacy bears of the legatee, interest from the death of the testator, unless a specific is given by the sum
of the will for maintenance,
or

unless

the

will contains

direction

to

the

contrary.
134. 135.
the The rate

of interest
is

shall be six per cent,

on

per
an

annum.

Rate

of interest.

No

interest

payable

the

arrears

of

armuity

within

No

interest of

on

first year death the from of the testator, although a period earlier than the expiration of that have fixed been by year may the will for making the first payment of the amiuity.

arrears

annuity
first

within after

year testator's death. Interest

to

136.
an

Where

sum

of money
is

is directed
on

to be the

invested

to

produce
testator.

on

sum

annuity, interest

payable

it from

death

of the

be

invested

to produce

annuity.

Chapter THE REFUNDING

who

XIII. OF LEGACIES.
under the

137. An
Court
the assets

executor to

has

paid
the

is entitled

call upon

legacy legatee to
a

order

of the

Refund under order.

refund

in the

event

of legacy

of paid
Court's

proving
an a

insufficient to pay
has refund

all the

legacies.
a

138.
call

When

executor

voluntarilypaid
in the event

legacy, he
assets

cannot

No

refund

if

upon insufficient

legatee to
to pay the has the

of the

proving

paid voluntarily.

all the time

legacies.
will for the
condition without time has

139. of
a

(i) When
condition and

prescribedby the the elapsed without

has
case,

performance having been

fraud,
under

Refund

when becomes

legacy
due
on

performed

executor in such

thereupon,
if further

tributed disperformance

the

assets,
has from

section subwitliin

been (ii) the be

are

allowed

condition claimed liable to

been
the

and performance of the condition the cannot performed accordingly, legacy he has paid it executor, but those to whom for the
amount. act
as a

of condition further time allowed.

refund

the

(ii)Where
within the
a

the will

requiresan

to be

performed by
to be

the

legatee

time, either specified

condition

fulfilled before

which

legacy is enjoyed or as a the subject-matter of

III
"

condition

the

of the non-fulfilment upon is to another to bequest go over

45

706
the

No.
or

4
cease

OF

1920.
to

person

bequest

is to

have

effect, the

act

must

b^

the performance of it be unless performed within the time specified, prevented by fraixd, in which case such further time shall be allowed for the delay caused is requisite to make as by such fraud. up
When
to

each in

140.

When

legatee liable
refund

is afterwards

I'roportion.
Distribution
assets.

notice, he is
of

the executor has paid away the assets in legacies and obliged to discharge a debt of which he had no previous each legateeto refund in proportion. entitled to call upon executor
or

141.
the most

(i) Any

administrator, after

giving

notice

in

public manner reasonably possible, as, for instance, by the by creditors, likelyto be seen publication of notices in newspapers handbills the in in other of distribution Asiatic or languages, by of creditors and manner reasonably likelyto attract the attention all concerned their claims in to him to send others, callingupon the the intention of deceased and his estate to stating against and of assets on after a certain date, of proceed to a distribution
which the
not

less

than

three time

months'
so

notice be
at

shall

expiration of the
or

named,
in liable has

be given, shall, at the liberty to distribute such assets notice

assets,
he
any such knows

any

part thereof,
shall not be whose

discharge
for the
not

of

lawful
so

claims

as

of and
of

distributed at the time

to

person distribution.

claim

he

had

of

(ii)Nothing
creditor
hands
Creditor call upon may
to

herein

contained
to follow the

shall

prejudice
or

the

right

of

any

or

claimant

assets,

of the
A

persons

who

may has not has

have

any received the

part thereof, in the

same

respectively.
debt may to not

142.
call

creditor
a

who
who

received received

legatee
refund.

upon

legatee
the time the

payment payment
estate both

of his of his
were or

legacy
were

refund, whether
sufficient and at whether
or

assets

of the

testator's
to pay

of his death of
the

debts the

and

legacies,
was

the not. assets

payment

legacy by satisfyall
has not

executor

voluntary
When

legatee
or

143.
time

If the

were

sufficient to
a

the

legaciesat

the

unsatisfied

of the

testator's death,

compelled
refund

to

legateewho

received

payment

cannot
one

of his

oblige
in full

paid

to

has legacy, or who cannot section, preceding full to

refund.

refund, whether
the the

the

suit, although
the
When
must

assets

compelled to refund under the last in oblige one who has received payment with without to him or legacy was j)aid have deficient by subsequently become
not sufficient

been

wasting of
If the time

executor.
were

fied unsatis-

144.
the

assets

legatee
first

of the

testator's

death,

proceed against exe(;utor, if

solvent.

payment of his legacy must, before to refund, first proceed against the
if the
executor

satisfyall the legaciesat a legatee who has not received he can call on a satisfied legatee
to executor liable to

if he refund

is solvent the

but

is insolvent

or

not

legatee can
Limit of refund

oblige each
which the

satisfied
one

legatee to legatee to

j^ay, in

unsatisfied

proportion.
exceed reduced been

145. the
sum

The

refunding by
had been

another to

shall not have

by
to

one

legatee

another.

by
estate

satisfied

legacy ought
administered.

if the

properly

Illustration. A has

bequeathed
and
to

S240
C and

to

B,
have C
to

"480

to

C, and
would

only
and

SI, 200
SfiOO
to

if

properly
1)

administered l)("on refund

$720 to D. fj;ive$200
D
to

The
to

assets

are

B,

I). B

paid
"80

thoir and

legacies

in

nothing

B.

can

oblige

refund

C, full, loaving SI 20.

$400
to

tROBATE 146.
The

AND

ADMINISTRATION.

707
interest.
Refund be interest. to

refunding surplus
of debts any
or

shall in all

cases

be

without

without

147.

The

residue

of

the

deceased's

property, after
to

Residue

after

payment legatee
148.

and has

when

legacies,shall be been appointed by

paid
the

the

residuary '^^^l ^aid"to"^

residuary legatee.
Transfer of

will.

Where
a

(a)

person
States

not has

having his domicile died leaving assets

and
time in the

in

the

Federated
in the

Malay
had
his

Federated

both in and letters

Federated he

to''e^ecuto'i
administrator domicile

Malay
domicile

States
at

country
or

which

the
a

of his death,

for"

(6)

there in

has the

been

Federated

there in the

and

probate Malay States with resjaectto the assets grant of probate or letters of administration
of domicile ^ith

grant of

of administration

"^'ist'-ibutiou.

that the executor

or

country country,
after

respect be,
as

to

the

assets

in

administrator,
after

as

the

case

Malay
Section
time instead

States,
141 and therein of

having given having discharged, at

such

such

may notice

in the

Federated
in the

is mentioned

the he

expiration of
knows
residue

named,
himself

lawful

claims

as

of,
of

deceased's States
executor

distributing any surplus or residingout of the property to persons

are

may, the

Federated

Malay

who
or

the of the consent thereto, transfer, with the case administrator, be, in the country of as may

entitled

domicile,
persons.

the

surplus

or

residue

to

him

for

distribution

to

those

Chapter LIABILITY OF AN EXECUTOR DEVASTATION. 149. of the make When deceased

an

XIV. OR ADMINISTRATOR FOR

executor
or

or

administrator
it to
so

good

the

loss

subjects or damage

loss

or

misapplies the estate damage, he is liable to

Misapplication
^^ estate.

occasioned.

Illustrations.

(a)
to

The

executor

pays
loss had
to

out

of

the the

estate

an

unfounded

claim.

He

is liable

make

good
The

the

caused
a

by
the

payment.
lease time.

(6)
executor

deceased

valuable proper

renewable
The

by

notice,

which to

the make

neglects
loss The

good
(c)
the

the

caused

give by
had
at
a

at

executor

is liable

the

neglect.
of less value time. the than The loss. the
rent

deceased
on

lease
a

terminable notice.

notice He

is liable

to

particular make good

or

executor

payable for it but neglects to give

150.
estate

When

an

executor

administrator in any

occasions the

loss to of

the

Neglect

to

get
"^

by neglecting to get
he is liable to

part of
the amount.

property

the

^p^^pLty''^

deceased,

make

good

Illustrations.

(a)
solvent
executor

The

executor
or

person,
The for

is liable executor the

debt due a absolutely releases is debtor who with a compounds lost. to make so good the amount

to able

the
to

deceased
pay in

from
full. The

(6)
the The

neglects
of make to

to

sue

for and the

debt
debt

till the is of

debtor

is able lost
to

to

plead
estate.

law

limitation

suits,

the

thereby
the

the

executor

is liable

good

amount

debt.

708

No.

OF

1920.
XV,

Chapter RE-SEALING OF PROBATES GRANTED

of Court Power to re-Seal.

AND UNDER

LETTERS STATE administration

or

OF

TRATION ADMINIS-

LAWS.
in

151.
the

Where
of

probate
a

or

letters person

of has of

respect

of

estate

deceased
of any

have

been

competent
before letters sealed the

Court

State of

the

Federated

commencement

this
on

Enactment,

granted by a Malay States such probate or

to

of administration
with the seal of

being produced may, the Supreme Court of the

the

Court,
effect

be

Federated and

Malay
and

States have
as

if

thereupon shall be of the like force the same operation throughout the Federated under this Enactment. granted
this

and

Malay

States

be

Application to by petition.

Applicationsfor seahng probates or letters of administration Chapter shall be by petition,verified by affidavit, and be made administrators or one or or more by the executors may of them or by the recognized agent (within the meaning of Section 35
under

152.

of

"

The

Civil Procedure
either in person

Code,
or

1918

") of
an

them

or

of and

one

or

more

of them,
the
Stamp
law.

through Stamp
on

advocate

soHcitor

of

Supreme
The

Court.

153.
several

provisions of
in relation

the
to

Enactments,
estates

1897,
far

of

the

States
the

duties

of deceased
so as

(includingthe
property of
the Court
or

penal provisions thereof) shall,

deceased
the

persons relates to

person
or or

situate letters

outside

the

by
other

which

probate
person

of administration
for
or

of jurisdiction produced,
was or were

any

probate
as

letters

of
who

administration,

granted, apply a Chapter were

Certified copy of probate, etc., effect as of same

if the

person

applying

for

apphes probate
151
as a

seahng

under

this

tration. letters of adminis-

154. letters

For

the of the

purposes

of Section certified Court

copy
the

of any

probate
under effect
as

or

of

administration

correct

by
same

or

the the

original.

authority original.
to be
to

Supreme
Court

shall have

Evidence

155.

The

Supreme

shall, before

seahng
under

probate
the

or

letters of the

produced Supreme
before

of administration

under

this

Court

Chapter,
a

sealing.

(a) require production of

certificate

hand

Registrar or Deputy Registrar that all affidavits required by the provisions of Section 153 for Collectors of stamp duties have been duly dehvered and that such affidavits,if hable to stamp duty, were duly stamped ;
or an

Registrar

Assistant

(6) he

satisfied, in
is

the

case

of law

letters to be

of

administration,
that the

if

required by security has been given in a sum

Court
r.ond.

given,

security
of the

which

is in

opinion

sufficient.

156.
Trustee

On

application to seal letters Official not being an

referred
to in Section
enure or more as

of

administration,
or

the

ministrato ad-

Administrator
a

Official

as

82, shall give

for the

bond

to the

of the for the

such The to

Supreme Court, to time with one })(?ing.

of the deceased

benefit
or

of the

trar RegisRegistrar
to
cover

surety
is referred 84 shall

sureties,
to

property
such

in

Section
to

153.

provisionsof
any

Sections

82, 83, and

be

deemed

apply

bond.

710
as

No.

OF

1920.
to

if

granted by
behalf
This to the

the

whose
Application
British in to

Supreme appUcation

Court for

the
was

seahng

person made.

by

whom

or

on

Courts

foreign

countries.

Chapter shall, when apphed to the United Kingdom, the sealing in the Federated Malay States of probate or letters of administration granted by a British any in a foreign cotintry in hke it authorizes the Court manner as sealing of a probate or letters of administration granted in the United Kingdom, or in a British possessionto Avhicli this Chapter appHes, and the provisions of this Chapter shall apply accordingly
extend
authorize

160.

with
Application to probates, etc., already

the

necessary to

modifications.
the

161. Section whether of this

Subject

158, this Chapter shall

the

granted.

administration

made Order under provisions of any apply to probates and letters of granted in any place to which this Chapter apphes, were same granted before or after the commencement

Enactment.

Application
be

to

162.
and
more

(i) Applications for sealing probates

xnider this made

or

letters of administration

by petition.

may

be

of them
or

of them advocate

of and

affidavit, by bj?^ Chapter the administrators executors or or one or by or by the attorney (duly authorized for the purpose) of them, either in person one or or more through an solicitor of the Supreme Court.

shall be

verified petition,

to seal a probate or letters of administration application three of from the death of the deceased, a lapse years of such the petitionshall contain of the reason statement a delay. be unsatisfactory, such Should such statement further proof of the of such cause delay shall be required by the Court as it thinks fit.

(ii)When

is made

after

The (iii)
on

not

making being more

deceased

person such

applies for sealing under this application file in Court an address

who two miles other be distant

section

shall
where

for service,
estate

than

from

the

Court-house,
summons,

summonses,

notices, and
person
the may
so

documents
be every deemed

to the relating such to have

case

of

the
or

left, and

notice,
been may

other
upon

document

left shall
or

served
or on

executor such

administrator

(as
made.

the

duly be) by

behalf
The

of whom

applicationis
the

Stamp

law.

163.
to

provisions of
on

Stamp
as a

Enactments,
persons

1897, in relation

duties

estates

of

deceased

provisions thereof), shall apply sealing under this Chapter were

letters
T)uplicate or
certified copy of probate, etc., of same effect
as

if the
person

(including the penal who for ajij^lies person for applying probate or du])licateof
the
as

of administration.

164.

(i) For granting

the

the
the

or ])rohat('

letters

of Section 159 a purposes sealed of administration with

same, or a

seal

of

any the

(Jourt
or

copy

thereof

certified

correct

by

original.

under
same

the

authority of the Court effect as the original.

the 159
to

granting

the

same,

shall have

of copy Section ref|uir(ul l)y shall shall

Evidence to be to Court

(ii)The

letters of administration, probate or be deposited in the Supreni("Court, be annexed to the petitionand verified by the affidavit, and include copies of all testamentary papers admitted to probate.

165.

(i) The

Supreme

Court

shall, before
this

produced Supreme
before

letters of administration

under

sealing a probate Chapiter,

or

sealing.

PKOBATE

AND

ADMINISTRATION.

711
the hand of of the

(a) require production of Registrar that the

duties
to has been

certificate for
that and

under
the such
;

affidavit

Collector

dehvered
was

stamp if liable affidavit,

stamp
satisfied

duty,
in

duly stamped
case

(6) be

the

of
law

letters to

securityis
been

required by
sum

be

of administration, if given, that security has amount to

cover

given in a property (ifany)

the

sufficient

in

the

in the

Federated
relate
as

Malay
;

States

to

which

letters
such

of administration

and fit
as

may
or

require
carried
on

evidence
person,

(ifany)
as

it thinks

to the he has

domicile

of the

deceased

and

to

the

place

where'

resided,
death.
time

business, during
appear Avithin the that the

the
the

twelve
deceased

months
Mas

before
not at

his the from

(ii)If
death
the

it should

of

domiciled

of jurisdiction not be

the

Court

which

grant issued,
as

seal

shall

affixed, unless

the

grant

is

such

would

have

been
may

made

by

the

Supreme
fit,on
or

Court. the

166. of any
in the

(i) The
creditor of its
be

Court

also, if it thinks
has resided within

or, if the deceased Federated Malay States

own

carried months

on

application Debts due to ^^^ business Federated"

before his
^^^^y
states.

twelve

death,

motion

require, before
of debts

sealing,that
due

adequate
the estate

security
to

creditors

given for the payment residingin the Federated

under
or

from

Malay
may to the

States. be
made

(ii)Apphcations in Chambers, summons

in any case in Chambers

this in

section

writing
the

be directed
to

that
on

such

be

served

ex parte by Registrar, but it may by summons applicationbe made applying for sealing. person Notice

Any creditor in the Federated Malay States of any person. who- dies leaving property in the Federated Malay States, may give notice in writing to the Registrar,requiringnotice to be given this Chapter. creditor of any to such apphcation for seaHng under A note of such in writing shall be made notice by the Registrar in book and to be kept for that a no probate or letters of purpose, shall, administration relatingto the estate of such deceased person be sealed without seven days' previous notice of the apphcation for sealingbeing given by the applicant to such creditor.
167.

by

Registrar."

application to administrator, not being

Trustee bond
to
as

168.

On

seal
an

letters

of

admmistration,
or

the Official

Bond,

Official

Administrator
his

referred

to

in

Section
enure

82,
for the

or

attorney
of the

shall

give

the

the the time more or surety or sureties, to cover The of the Court. the jurisdiction within property of the deceased to apply to provisions of Sections 82, 83, and 84 shall be deemed any such

Registrar,to being, with one

benefit

Registrar for

bond.

169.

On

seahng
shall to

the

probate
thereon
a :

or

letters memorandum

of

administration
in the

the

Memorandum
""

Registrar
words
or

\\Tite

following
Federated

v''^^^^^'^tc

the

effect following

Sealed

with

the this

seal

of the of

Supreme
,

Court
19
.

of

the

Malay

States

day
Probate

19
,

No,

(Registrar.)

712
170. Notice
or

No.
of the
of the

4
in

OF

1920.
Federated
under

Notice

of

sealing

the

sealing.

probate
forthwith
or

letters

administration

this
from

sent

by

Registrar to
has been

the Court

Malay States of a Chapter shall be the probate which re-seahng

Federated of any

letters

of administration intimation of the the Court

issued. received
issued

Notice

o" of

171.
etc.,

When
or

of the
in the

revocation

probate,
re-sealed eJsewhere.

probate
States,

letters of administration
revocation letters
to

Malay
in, such

notice

of,

or

probate or Registrar
was

of administration

shall

any be forthmth

alteration such

sent

by

the

authority

of which

by the re-seaUng

effected.

Chapter MISCELLANEOUS. 172.

to

XVII.

Provisions

In

Chapters IX,
to
an

X,

XI,

and

XIII

of this also to
an

Enactment

the

applied
a

Iministrator

provisions as
with the will

executor

shall

apply

administrator

will with annexed.

annexed. contained
in

Saving

clause.

173. Nothing

this Enactment

shall

"

(a) validate

testamentary any have been invaUd ;

any
;

dispositionwhich
would

would

wise other-

(6) invaUdate
been

such

which disposition

otherwise

have

vahd
any

(c) deprive
would

person otherwise

of any right of maintenance have been entitled ;

in force the

to which

he

(d) affect the provisions of any Enactment to being to facilitate succession

persons
;

for the of

time

land

deceased

(e) affect

the

provisions of Chapter VI 1897, relating to duties

;
or

of
on

the estates

Stamp
of

ments, Enactdeceased

persons

(/) affect

any
in

rules

of

Muhammadan

law

as

varied

by

local

custom estate

of

respect of the distribution of the balance of the deceased after the debts have been a person
or

satisfied.
Executor or administrator acting; on order
of Court.

174.
or

(i) An
481
as

executor

administrator,
the

acting
under

direction far
as

made of
"

or

given by
own or

Court

order upon any the provisions of

be

Section
so

The

Civil Procedure his

Code,
in

1918," shall
have
the

deemed,
his of

regards
such

responsibiUty,to
administrator
he has

duty
the

executor

discharged subject matter

fraud
the
or

said

application,unless
or or

been

guilty of
with

A\'ilful

concealment of such order

misrepresentation
direction.

in connection

obtaining

(ii)This
constituted of this 175.
Vro/isoin

section
or

applies to executorships and

either before
or

administratorships
the
commencement

created

after

Enactment. All immovable

property
States

situate

in, and
is
or are

all

in,
of

the the

Federated

Malay
Collector

which

under be

things to be done the provisions

included
of in the
or

relating to the Stamp Enactments,

18;"7.

Stamp

Enactments,
on

1897, required

to
a

affidavit

for the

applicationfor

grant

probate

PROBATE

AND

ADMINISTRATION.

713

letters

of of
the
to

administration

shaU,
of the and for due said
to

for

the Enactments

purposes

of
relative

such

affidavit

and deemed
wherein made the persons

provisions
be situate

thereto, in,
the

be

in,

be

things
or

to

be of
to

done

State
is in

the
;

application
all debts

probate
from
the whereof

letters

admmistration persons

and

deceased
a

resident

Federated
were

Malay
resident with
in and
a

States
in
or

schedule
the affidavit
or

might,
said for

if

such
is

the

State

wherein
to

application
the

made,
may
same

be be

delivered included

annexed to
same

the
so

Collector
in the
were

schedule
the

be

dehvered
as

annexed jjersons

manner

with State.

effect

if

such

resident

in

such

First

Schedule.

Second

Schedule.

State.

Short

title.

Perak
. .

The

Official
1905

Administrator's

ment, Enact-

Selangor
N. Sembilan
.

Do. Do. Do.

Pahang

ENACTMENT

NO.

OF

1920.

An

Enactment into and

to

their

provide for the departure from

admission the

of

persons

Federated

Malay

States. [8th
the Federal Council.
2nd

L.

N.

GUILLEMARD,

President

of

May. July, Malay

1920.

1920.]
States

It in
Short and title
commence-

is

hereby
as

enacted follows

by
:
"

the

Rulers

of

the

Federated

Council 1. This
and

Enactment shall
come

may into

be

cited
on

"

as

The

Passport

Enactment,
in

ment.

1920,"
Gazette. 2.

force

the

publication

thereof

the

Power

to

make

(i) The

Chief

Secretary
any person

to

Government
or

may

make from

regulations entering
sea,
or or

Regulations.

(a) j)rohibiting

class

of

leaving
without document

the the of

Federated

Malay
of
a

persons States by

land,
or

air

production
a

passport

other

specified

similar

kind

;
ansAvers

(6) enforcing such prohibition by requiring or by the arrest, detention, or search

(c) prescribing
the

to

enquiries,
persons
;

of any

such

fees

to

be

charged

;
or

{d) prescribing
for

punishments
of
any

breach

any

such

of imprisonment Regulation ; and

fine

or

both

(c) prescribing
those

other

matters,
as

whether
to

similar

or

not

to be for

above
or

mentioned,
desirable
in
or

which

necessary
the issue

order

of

passports
and for

other

regulations may to effectually provide specified documents

therewith. Gazette shall

of

similar

kind,

matters

connected
in

(ii) Such
the
Eepeal.

regulations
of law.
30

when

published

the

have

force 3.

Article

of the hereto

second is

schedule

of the

Enactments

mentioned

in

the

Schedule

repealed.

Schedule.

714

ENACTMENT

NO. for

9 the

OF control

1920. of Rivers and

An

Enactment

to

provide

Streams.
L. N. GuiLLEMARD,

[18th
Federal
the

September,
1st

1920.

President It
in is

of the

Couvcil. of the

October,

1920.]
States

hereby
as

enacted follows
Enactment shall
come

by
:
"

Rulers

Federated

Malay

Council 1.

(i) This
and

may into

be force

cited
on

"

as

The

Waters

Enactment,
thereof
in the

short

title,

1920,"
Gazette.

the

pubhcation
affect
the

mS"Tnd'
construction.

(ii) Nothing
other Enactment

in

this
and

Enactment
no

shall

provisions
in this

of any
ment Enact-

contained

shall
or

prohibition or restriction apply to the Government

any of them
or

of

the
or

Federated
servants

Malay
any

States

of

to

the

agents

of

of the In

said

Governments.
unless

2.
"

this

Enactment,
Officer
"

the

context
to

othermse

requires,
where there of the

interpretation.

District District wherein

includes,

in relation

any

district
the

is

no

Officer, any
such
the powers district

officer

nominated

by
under

Resident
in

State
to
"

is situate
a

by

notification this

the

Gazette
;

exercise

of

District

Officer

Enactment

River

"

includes of
a

(a)

tributary
water-course, canal

river

and

any

other

stream

or

natural

and

(6)

any

declared in

by
the Enactment

the

Chief

by
"

notification of this

Gazette
;

to

Secretary to be subject
have the

Government
to the visions pro-

State
those

land"

and

"

alienated

land"
in
"

meanings

borne

by

expressions, respectively,
CONTROL OF the
terms of
a

The

Land

Enactment,

1911."

RIVERS of
any the shall in

AND
express entire be

STREAMS.

3. behalf

Subject
of the

to

grant property
vested
case

made in and in

by
the

or

on

Property

in

Ruler
in any
;

State,
is and that under

control Ruler

of all rivers
of such

State

solely
of lands
or

State

Government

provided Department
and
be of

the
or

held

by
for such

a a

grant

lease

reserved

public
control the

purpose may

maintained

by
the

Government
of such

exercised
the who

by
in

Head

Department, Department
with of the
to

under

direction 4.

Resident shall

of such
any

State. interfere
the
same

Any
river

person may be

State under
the such

the

bank

of of in

"^ ^^yg^^^ank".

any such which the

by

written

order

hand

Resident
condition
or

State
it
same was

required to restore immediately prior to

manner as

the

interference such

to

remake

in

such

may
715

be

specified in

order,

716
Prohibition
acts

No.
person license

OF

1920.
and
in

of

5. (i) No
terms of
a

shall, except under

under
so

accordance

with

the

affecting rivers, except

under license.

this that

Enactment,
it falls into
or a

(a)

fell any any

tree
manner

river

(b) in

obstruct

interfere

with

any

river than

;
a

(c) build

any

bridge,jetty,or landing stage (other

over or

house) baththe

beside
river

width

of such

any exceeds district the

river

at

point where

twenty

feet,

sub-section

to do in any (ii)Licenses be issued (i)may the be

with
may

by approval, in each case, of subject to such conditions

;

of the acts specifiedin any District Officer of such district Resident restrictions
;

the and

any
as

such the

license Resident

approves

all such

conditions

and

restrictions

shall

be

set

out

in

the
Presumptions.

license. the bank of

a

6. Where

river

is interfered
or

with,

or

where

felUng, obstruction,
of Section the the which in any absence bank
owner so

interference, 5, the
owner

and
or

building takes place in the occupier of the land

part
whereon

any contravention

wherein

interfered

with
the

any

thereof
such

is included tree
or was

and
or

and

occupier of
to such

land

felled

is nearest

obstruction, interference,

building shall

or case Prohibition diversion

water

this Enactment be in the proceedings under j)resumed, the bank, of proof to the contrary, to have interfered with effected the felling, obstruction, interference, or building,as the may

be. be

of of

from license.

rivers, except
under

7. (i) Save as may of any law other no with the of terms

expressly authorized

under and

the in

provisions
accordance
means

person
a

Ucense

shall, except under this Enactment, under

by
water

of of any

ditch, drain, channel, any its natural river from course.

pipe,

or

otherwise

divert

the such been diversion shall have made, (ii)Whenever any the of lands benefited such diversion (if or occupiers by occupier any) of proof to the contrary, be presumed to have shall, in the absence

made

it. to divert water

Licenses (iii)
the

from be

river

in any

State
the

for

use

in

generation
State.

of

electricity may
divert
water

granted by
a

Resident

of

such

(iv) Licenses

to

from

river

in any

district for

use

(a) for private or

domestic

purposes,

(b) in
be

the

cultivation

of rice,
other purposes,

(c) for industrial

and

granted by the District Officer of such may fallingunder heading (a) approval, in each case
this sub-section, of the Resident.
under this and section shall

district
or

with

the

heading (c) of
set out the

(v) Every
purpose

license

granted
same

shall

for whicli

the

is

granted
and

be for such
as

period
stated

and

subject to

such

conditions

restrictions

may

be

therein.
License divert to
water

8. (i) A
river in any
or

license

under
may and

this extend

Enactment to

to

divert

water

from
to

authorize may interference with

or

State
lands

authorizing the through

in the reservoir

licensee any

erect, lands
pump,

cut,
or

construct

maintain

State alienated

land

alienated

in specified
race,

or upon that behalf or

State

license any

land.

line of

pipes, flume,

drain, dam,

and, subject to

718
Liability for
damage.

No.
No license

OF

1920.
shall

13.

under

this

Enactment

exempt

from liability in respect of any to the property of the Government

on

damage
or

occasioned
of any

by

any such

person
person

person.

Hestriction construction walls banks

or

14.
of any

(i) Save
other of this

as

may

be

expressly authorized
State
any
or

under

the

provisions
ment commence-

of

law

and
on

buildinrjs within

shall in any no person build Enactment erect or

the bank

after the wall

erect
or or

construct

any
or

of rivers flood

revetment structure

along
within

of any
of any

river such

channels.

fiftyfeet
under this

bank,
in

any withm

building
any

flood

channel with such

the

declared
terms

section, except under

such
as a

and

in accordance

of and

written
;

Resident

of the

State

conditions
the

any restrictions

permission permission
the Resident

that may

behalf
be

from

the to

subject
bed

thinks

fit to the

impose.
of any
in

(ii)Where
river time in such

Resident

of

State
to

is satisfied that contain be the

State floods
in the

is insufficient
as

waters

thereof
may river may

of such

may

reasonably
any be

notification

Gazette
a

declare

land
either

expected, he abutting on such

or

by
and be

extending in specified
may at any

to

such

distance

from
to
a

both

banks for such such

as

such time

notification
in hke
manner

flood channel
or

river, and

revoke
or

vary

any

declaration.

in to

The District Officer (iii) enter writing may upon

any and under

person

authorized

thereto

inspect any
sub-section

buildings or
(i)relates.
the

by him premises
of this
such any

which

permission given
person

(iv) Any
section the

who

shall
an

contravene and

provisions
on

shall be of
a or a

guilty of

offence

liable

conviction

before

Court
to

Court
section

fine

Magistrate of the First not exceeding two

built
or

Class

to be

sentenced dollars and

;

by
and

thousand
in

building
such
or

construction be

erected of the such behalf

contravention
the the

of this
cost

may

removed authorized

by
in

order that

Resident person

of

removal person

shall

be recoverable

from

by

Resident,

any suit.

by

the

Resident, by civil
to
or

(v) Nothing
wall, revetment,
construction at

in

this

section

shall
structure

be

deemed

apply
in
or

to

any

building,or
the

in existence

course

of the

commencement

of this

Enactment

to

renewal
Penalties sanction

or

repair thereof,
shall

15.
; for

(i) Any
4 not

Section
a

shall fail to who person offence be guilty of an

five

obey
and dollars

any order given under to conviction liable on and

a

prosecution.

fine

exceeding
to
a

hundred
ten

conviction

fine

not

exceeding

dollars

additionally on day for every day

Section
5

during
or

which

such

disobedience

shall continue. the

(ii)Any
Section
a

who person 7 shall be

not

shall contravene

provisions of
hable
on

guilty of
one

an

offence

and

conviction

to

fine

exceeding

thousand

dollars. in

prosecution shall be instituted punishable under this section except with

No (iii)
the have District been Officer

respect of
written

any is

offence of

the the

sanction

of the

district

wherein

offence

alleged to Magistrate
(i) or

committed.
a

(iv) Where
of
the First

conviction of any

is had

before

the
to

Court
in

of

Class

offence
may

referred

sub-section

sub-section this

.such (ii),

Court

impose

any

penalty provided by

Enactment.

WATERS.

m
person

i6. (i) Where

of
the
a

in

any

State
the

any

interferes of Section

with
5
or

the

bank

Power

to

put

river Resident

or

contravenes of such State

provisions

Section

7,
remedy
acts.

niegai

as tilings

may

in his
or

such
cost

interference

do all such and to be done cause may be for or remedying opinion expedient necessary the the contravention results thereof, and or shall be recoverable in that from behalf siich

thereby
or

incurred
any person

Resident,

authorized

by
the bank

by the person the Resident, generahty

of any
any

by
the which

civil

suit. in

(ii)In

amplification and not the Resident foregoing powers

has
on

derogation
may be restored
a cause

of the
or or

of

river

been

interfered
felled with
a

with fallen
or

to

remade,
any
or

tree,
in

which
or

being
a

has

into any
or

river,

obstruction

interference
than

river,
over

bridge, jetty,
beside
any river

landing stage
to

(other
or

bath-house)
any water

be
other
course

removed
means

of

destroyed, and diverting the

(iii)For
the
or

ditch,
of any
or

drain,
river

channel,
from its

pipe, or
natural

to

be

filled in, closed,

destroyed,

removed.
to be or being thing about this of section, entry may provisions whose or occupied by any person
or a

carried
be made

out

of any purpose done under the

work

upon

interference

land owned any bank with the of

river

or

contravention

of

the

for such 5 or Section 7 has given occasion provisions of Section contained shall work or thing ; provided that nothing herein authorize entry into any dwelling-house and that before entry upon less than owned not land or lawfully occupied by any person hours notice in in shall, writing previous except twenty-four any
case or

where

the

Resident

otherwise

directs, be

given
affect

to

such

owner

occupier. (iv) Nothing

in to this section

contained and

shall

any

liability
15. be

of any 17. liable

person For the

prosecution
of
omission

punishment
Enactment

under
every

Section
person

for every
and
manner

purposes act and

this

shall

of any
scope extent

agent
of
as

or

by
same were

him

acting
and
or

within
to

the
same

such

employed in the employment

servant

Liability employer.

ot

the

if such

act person

or

omission
;

done

committed in this

by
section

such

first affect

mentioned
the

but

so

that
or

nothing
servant.

shall

hability of
time to

such

agent

18.
the not

(i) In

any

State

the Chief
this

Resident

may
to

from

time,
make

with

Rules.

approval
inconsistent

of the
with

Secretary
Enactment,

Government,

rules,

(a)

to

licenses

(6)

to

annual rents prescribe fees and payable in respect of this Enactment, granted under restrict to particular areas rivers the issue or by District of licenses, or Officers of licenses under specified kinds 5 and

Section

Section

7 ;

of (c) generally for the carrying into purpose and this of Enactment, provisions purposes All such rules be shall (ii) pubHshed in the Gazette force of have the law. thereupon

effect

the

and

shall

ENACTMENT

NO.

13

OF

1920.

An

Enactment

to to

consolidate

and

amend and

the

Law

with

respect
L. N.

the

Registration

of Births

Deaths.

GuiLLEMARD,

[18th
the Federal Council.

September,

1920.]

President

of

It
in

is

hereby
as

enacted follows
Enactment

by
:
"

the

Rulers

of

the

Federated

Malay

States

Council 1.

Short

title, repeal.

(i)
date

This

may

be

cited and
to

"

as

The
come

Births
into may

and

Deaths
upon

commencement,
and

Registration
such
in
as

Enactment,
the Chief

1920,"

shall

force

Secretary
into

Government

by
the

notification

the

Gazette
the the

appoint. coming
schedule

(ii) Upon

force
be

of tliis Enactment

Enactments

specified
(iii) All

in

shall

repealed.
made
under any

hereby
commencement

appointments which repealed

of
this this

and
were

rules in

Enactment

force shall
so

immediately
be
the

prior
to

to

the been shall

Enactment but

deemed

have

made
not
Interpretation.

under

Enactment,
extended.

that

operation

thereof

be 2.
In

thereby
this

Enactment,
to
;
a
"

unless

the

context

otherwise be deemed

requires
to

"

Words

referring
of
"

burial

of

bodies

shall

include

burning
"

bodies

House

includes
institution

public
includes

institution

"

Public
and

prison, lock-up,
or

lunatic
;

asylum,

hospital,
''

any
"

other

pubhc
the officer

charitable

institution

Occupier
chief
is

includes resident
in in

or a

other house

let

separate
such house

superintendent, keeper, master, matron, and where of every public institution, or lodgings includes apartments any
who
are

person

residing
or

is the

person

under held
or

whom his

such

lodgings
"

separate

apartments

immediately
"

agent
whose

Registered
is included in the

Medical
in the

Practitioner

means

any
Medical

person

name

latest

list

of the

registered

Practitioners
"

published

Gazette

under
1907
"

provisions

of

The

Medical

Registration
"

Enactment,
"

Registration Deputy Registrar

Appointment
o" officers.

area

means

the

area

for

which

Registrar

or

is

appointed. Secretary
to

3.

(i)

The

Chief of

Government
Deaths

may the

appoint Malay
and
such

Registrar-General
States,
with

Births clerks
of each

and and State and

for

Federated

necessary Resident

subordinate may Deaths

officers.

(ii) The

Deputy

Registrars

of

Birtlia

appoint such Registrars in for specified areas

720

BIRTHS

AND

DEATHS

REGISTRATION.

721
and subordinate

State

as

he

may

think

fit,with

necessary

clerks

officers. 4. (i) The Registrar-General to be provided a sufficient shall cause Registrationand of all births of ^ooks. of registration-books for the record separate registration-books for the record of all deaths, and shall,
number

from
area,
as

time

to

time, furnish
to

for distribution

to the Registrar of each registration such registration-books Deputy Registrars,

the

Registrar may
page it shall be

require.
be

(ii)Such forms, each

which the

shall registration-books
of which shall

strongly
with
a

bound

books

of

be furnished

counterfoil

from

of perforationor otherwise, by means and the number printed consecutively, printed on the counterfoil thereof, and birth shall of every registration-book the information which contain identical prmted headings indicating is to be filled in, in the spaces provided therefor, by or on behalf of the person each birth ; and reporting a page and counterfoil of identical death shall contam printed registration-book every filled in, in the to which is be the information headings indicating provided therefor, by or on behalf of the person reporting spaces

detachable,

shall be numbered pages each shall be also on page and each counterfoil page

death.
so

Such far
race,

information
as

shall, in the
name,

case

of
sex,

report of

death,
case

include,
and

the possible,

age,

place
and

of residence
in the

birth,
an

and
name

occupation
of the

of the

deceased,

of

Asiatic
in the

the

father, the
his last the

residence
arrival date

in the

area, registration

period place of

of his continuous
residence his

before

registration

area,

duration

of

illness, the

and and of the of his death, and the name cause qualification of the death. registeredmedical practitioner certifyingthe cause of the headings in regisand form tration-books, Subject as aforesaid the nature the language or languages in which they are to be rendered, and all other matters relatingto the preparation thereof be under this Enactment. rules prescribedby may

5. (i) Every person reporting a birth or death to a Deputy Hecora of Registrar shaU, if and so far as he is able, write, in the language o^^oiTbehau' he ordmarUy uses and which if that language be not English then reportperson also in the English language, in the appropriate sj^aces of the page deitl. of the registration-book placed before him for that purpose by the Deputy Registrar and also of the counterfoil of the said page all the information indicated by the printed headings appearing on
''

the is

page imable

and
to

counterfoil.
write in the

If and

so

far

indicated said

by the said orally to the appropriate spaces.

the

information prescribed mation the he furnish shall required inforheadings, shall in the it who wTite Deputy Registrar,

person languages the

as

any

so

reportmg

(ii)When
and his

the page has been wTitten on required information shall information the the comiterfoil, sign furnishing person and counterfoil or the page in the appropriate place on name be unable to

if he

sign

his

name

shall

in lieu

which impression in ink of his right thumb the Deputy Registrar,and the Deputy Registrar shall, thereafter in the appropriate and counterfoil, fill in the the on page spaces 111"46

of signature affix the shall be mtnessed by

722
date

No.
of the

13
the

OF

1920.
information
as

furnishing of
a^ffix his in the

said

the

date

of

and registration

signature.
of person who to information
a

Provided

that
or

event

is

required to
or

affix

signature
section to affix

thumb
a woman

impression
and
her

recordod
ilhiess

under
other any

this
cause

being
such
to

signature or
affix
on

through impression she may

his

unable

authorize
or

male

relative thereto.

behalf

signature
or

thumb

impression
the

(iii) Every person

of this
the
Original
duplicate
registers. and

reporting a
be entitled
the

birth
to

death

under

provisions
a

section

shall

receive

free of

charge

copy

of

entry signed by

Deputy Registrar.

filled in as hereinbefore of the registration-books 6. (i) The pages of births and deaths, the original provided shall constitute register respectively,and the counterfoils of the said pages filled in as the hereinbefore duphcate register of j)rovided shall constitute births and deaths, respectively.
mider registerbooks containing entries made the Enactments hereby repealed together with the alphabetical the provisionsof the said Enactments under thereof made indexes in shall be kept in the custody of such Registrar as the Resident

(ii)The

district

each
Cancellation of

State

may

direct.
the counterfoil of a registration-book, or any page has in the possession of a Deputy Registrar which
as

7. Whenever
not

spoiled

pages.

provided is in the opinion of the defaced, or injured as to be unsuitable Deputy Registrar so spoiled, the Deputy Registrar shall for record of the prescribedparticulars, the face of cancel both the page and counterfoil by writing across and each the word Cancelled affixinghis signature together the same. with the date of affixing
hereinbefore
" "

of any page, been filled in

Duty

of

Deputy

8.
every
cause

Every
birth
the

Deputy
and death

Registrar

shall
in

inform

himself

carefully of
and shall recorded

Registrars to keep informed

of births deaths and
to

occurring

liis registration area

and

get the

prescribed tion informa-

recorded.

and be furnished to prescribed information for furnished to him delay in the proper registration-book the that of death In cases Deputy Registrar shall, if purpose. personallyinspectthe corpse and make enquiriesamong practicable, without
the

persons

present

at

the

death.

Disposal
custody
and of

and of
pleted com-

9. (i) Every

Deputy Registrar shall

at

pages counterfoils

(a) detach,

such

intervals

as

may

be

from prescribed,

their

registration-

counterfoils

all such

pages

of the

in his registration-books

boolcs.

(h) so

hereinbefore filled in as been possession as shall have been shall have which those provided, together with forward cancelled by the Deputy Registrar, and shall and them the to ; Registrar of his registration area all the pages and counterfoils of any registrationsoon as filled in been or his Ijook in possession shall have cancelled, as hereinbefore provided, and the pages shall
have been

detached
in their

from

their

counterfoils, forward
to the

the

counterfoils his

originalbinding
at

Registrar
as

of

registration area.
such intervals of may be
the

(ii)Every Registrar shall transmit,

prescribed,to

Registrar-Generalall pages

registration-books

BIRTHS

AND

DEATHS

REGISTRATION.

723

received
sub-section

by

him

from

(i),and
all bound

shall

safe

place
of

Deputy Registrars under paragraph (a) of other or keep in a suitable strong room counterfoils received by him under paragraph
cause

(6)
from from

sub-section

(i).
under

The (iii) the time

as

Registrar-Generalshall
Registrars
to

sub-section

pages (ii) to be

the

time

in

books, preserving the

the such

pages in such

indicated
manner

by
to

printed numbers
extent
as

and
one

relating
suitable 10.

to

registration area
and
or

from
the

may the said

by liim strongly bound of the original sequence thereon and separating, be prescribed, the pages relating to other pages
pages
and

received

areas, registration

shall other

keep
safe

books

in

strong

room

place.

in the

of births and of deaths original registers respectively iiispection of custody of the Registrar-General and the Registrars and the ceftmed copies duplicate registers and the district registers containing entries of entries. under the Enactments made hereby repealed in the custody of the of the prescribed fees, be open to Registrars shall, on payment inspectionby any person on any day, not being a Saturday, Sunday, the hours of ten in the forenoon and four in or holiday, between and the Registrar-General and every the afternoon Registrar shall, on requiring payment of the prescribed fees, furnish to any person of any entry in any register the same in his charge. a certified copy

(i) The

the of any entry in any registercertified under Registrar-General or of a Registrar in charge of the same for the time being to be a true copy shall, subject to the 15 provided, be 'prima facie evidence in Section in all limitation before all tribunals of and in the Federated States Courts Malay

(ii)Every
of

copy

hand

the

the

dates 11.
The

and

facts contained

or

set

forth

in such 1st

copy.

every

year,
a

Registrar-General shall, by compile

of the births forms
as

the

day

of

March

in

yearly

r^T"^
ing accordyear be approved

^^^

(a)

summary

to such

by

the

Chief

and deaths of the past shall,from time to time, and Secretary to Government,

(6) a general report on the increase or decrease and on special causes appearing to any far as the same be gathered from can so
births

of the

population
same,

affect the
the

registers of

and
case

of deaths. of every
child

12.
ment mother his

(i) In
of this

the

born
be the

aHve

after the
of the

commence-

The

persons

on

Enactment, of the child, and

the

it shall

duty
of the

father
in which
at

and to the

^u"y\o'fepo
births deaths. an.i

of the

occupier

house

knowledge

child is born, and

person

of each

person

present

birth, and
birth to the

birth

having charge of the child, to report such taken within fourteen shall have days after the same place the within the of which registration area Deputy Registrar shall have taken and the to with place comply provisions of
of the
5. the
name

Section

(ii)Whenever
notified person
as

of

child within

is not

settled

and

cannot

be

to

the

whose
name

Deputy Registrar duty it is to report such

is settled and not

fourteen
birth than

days
soon

of birth, the thereafter

shall, so
seven

the

later

attend

again

at the

office of the

Deputy Registrar of

years the

thereafter,

registration

724
area !^o

No.
within

13

OF

1920.

which

the

birtli took of

directs, at
there

tlie office the

name

and

record

person

prescribed by Section 5 reporting a birth.

When (iii)
a

place or, if such Deputy Registrar the Registrar of the registration area the in manner (so far as is practicable) the for by a recording of information
"

person

dies be

in

house

after of the
took

the

commencement

of

this

Enactment,
to his

it shall

the

duty

in which

knowledge
deceased
at

the in

death

occupier of the house place, and of the nearest

his

relatives of each

of the

attendance and

during
in

last illness, and

of the inmate persons of the

death, present person mentioned in this sub-section hereinbefore

house and

the

default of each

to be causing the body of the deceased person the hours of twelve within such death (exclusive buried, report hours of the of for and time intervening journey any necessary

of the

to

darkness) after

the

same

shall

have
area

taken within

place
which

to

the

Deputy
took

Registrar place and

(iv) When
dead

of
to

the

registration
with
the in

the 5.
a

death

comply
a

provisionsof Section
a

person

dies

place
in
a

which

is not

house,

or

body

is found

elsewhere

than

house, it shall be the

duty
of any

of every relative of such deceased having knowledge person of the particularsprescribed to be registeredconcerning the

death,

of every present at the death, and of any person taking person the of body, and of the person charge causing the body to be Avithin hours twelve buried, to report such death or (exclusive finding the of the time for and of journey intervening necessary any and

darlaiess)after the death or the finding to the Deputy the within which death took Registrar of the registrationarea the and far is found to or was as body comply (so practicable) place 5 appUcable to a person with the provisions of Section rej)orting
hours
a

of

death. 13.

Penalty
omission

for
to

Any
or or

person
furnish death

whose
the

duty

it shall be
as

under

this
or

Enactment
name

to

report
furnish the

or

report,
child
without

information
or

mation inforwithin

any

to, anj^ birth finding of any dead

omit to

the

of any who

body
the

and time

shall,
on case

time

reasonable

cause,

do

so

within

prescribed
hable
any

prescribed.

by

this

Enactment,
to
a a

conviction

fine

for which
Extended within be information
may

smaller

guilty of an offence and not exceeding fifty dollars, except in is provided by this Enactment. penalty
shall be the
13 commission

time wliich

14. offence

Notwithstanding
as

is in Section

referred

recorded.

payment
information
manner

by

such

person

of the
any

of such an by any person Deputy Registrar may, on fee, permit the prescribed prescri})ed to,
a or

relatingto
within three

birth
5

death

to

be

recorded

in

the the

prescribed by
and

Section

within

forty-two days
as

after
may

birth
I'ost

days
any
a\

after the
omission

death,
to

the
or

case

be. mation inforA\-ithin

15.

Notwithstanding
as

report,

furnish

rc'-istraticn.

to, any

birtli

ithin

days, it shall be the procure information the best and in his poAver most accurate by all means his occurred within have respecting any birth or death which may and the same to cause to be recorded (so far as area registration is practicable) in the manner prescribed by Section 5, but not until vided Prolast mentioned in each case. after the expiration of the time
that

three

forty-two days or any death duty of the Deputy Registrar to

every

entry made

under

this section

on

any

page

of

726
the
the

No.
examination,
forward
a

13

OF

1920.
in

certificate

the

prescribed form
within which

to

Deputy
took

death
the the

Registrar place.
cause

of the

registrationarea

the

(iv) The
name

stated in the certificate, together with of death as medical shall be entered on certifying practitioner, of the registration-book and on the counterfoil approjiriate page

of the

thereof.
of Duty Magistrate holding enquiry of death forward to copy

18. When an enquiry Magistrate holding such after the

to the conclusion

is held

into

the

death

of any

person,

the

enquiry shall, within

forward
a

thereof

certified

twenty-four hours of his finding copy

of finding.

death shall and

Penalty
breach Section for of 17
or

the within which Deputy Registrar of the registration area stated took in such of death as finding place, and the cause the be entered on appropriate page of the registration-book

on

the

counterfoil

thereof.

19.
18.

the

Any person provisionsof

liable, on

wilfullyneglecting or
Section
17
or a

Section fine not

18 shall

and
Penalty
false for

conviction, to
who shall
or

omitting to comply Avith be guiltyof an offence exceeding twenty-fivedollars.

of

20.

Any

person

information, false entry,

destruction

(a) wilfullymake
or

permit

to

be

made

for

the

purposes

of

entry.

false statement, or registration any or (b) wilfully or knowingly furnish permit to be furnished false information, touching any of the particulars any known, or hereby required to be made false or (c) make entry in any permit to be made any be the to same registration-book or register,knomng

false,

or

(d) wilfully destroy or permit to be destroyed registration-bookor register

shall be

any

entry

in any

guilty of an offence and liable, on conviction, to dollars to or exceeding five hundred imprisonment to or descriptionfor a term not exceeding twelve months fine and imprisonment.
21.
who shall wilfully or (a) Any person injure, mutilate, deface, or lose any

fine not either such

of both

Penalty for injury to

omission

register and by
to

for

carelesslydestroy, or registration-book

Deputy Registrar
effect

regis-

tration.

of this Enactment, and registerused for the purposes shall refuse or without omit (6) any Deputy Registrar who reasonable cause (the burden of proof whereof shall He
on

him)
or

to

effect

or

secure

the

due

registration of

any

he of which area registration shall have notice or knowledge, and (c) any Registrar-General,Registrar, or Deputy Registrar who shall carelesslyor wilfullyallow registeror any registration-bookto be destroyed, injured,mutilated, defaced, or lost whilst in his custody or keeping

birth

death

within

liis

shall be

guilty of an offence and Hable, on conviction, to a fine not dollars or to imprisonment of cither tion exccedmg one hundred descripfor a term not exceeding six months to both such fine and or imprisonment.
Authority
for

prosecution.

prosecution for any offence under except by the authority of the or a Registrar-General, Registrar.
Ijc instituted

22.

No

this Public

Enactment

shall the

Prosecutor,

BIRTHS

AND

DEATHS

REGISTRATION.

727
be
correction
^""'^'

23. made

(i) No alteration in except as authorized

error

any

shall or registration-book register

this may section. from time to time

of

by

(ii)Any clerical
in

which

be discovered

-book be corrected or register may by a registration any Deputy Registrar while the counterfoil is in his possession and in the manner thereafter by the Registrar of the registration area directed by the Registrar-General.

such

An (iii)
or

register may
upon the

alteration
area,

in any such registration-book by entry in the margin (without any of the original entry) by the Registrar of the registration of the prescribed fee and upon production to payment
error or

of fact
be

substance

corrected

him of
to

by

person

requiring

such

error

to be corrected

of

statutory

declaration

facts and of the error the true settingforth the nature and made the case, by two persons required by this Enactment concerning the birth or death with reference give information the
error

to which

has

been

made,

or

in default

of such
truth in the

by

two

credible
an

persons
error a

having knowledge
of fact held
or

of the
occurs

persons of the

then
case.

(iv) Where
forwarded

substance Section

information
a

by

Magistrate
he has

under
an

18

concerning

dead

body upon exists, by evidence on oath or statutory declaration that such error the hand the of his under area to registration Registrar certify may the and of the error took place the nature the death which within evidence such and him ascertained the on facts of as true case by the error thereupon be corrected by such Registrar by entering may alteration of the originalentry) the in the margin (without any the certified facts as so by Magistrate.
(v) When
section to the after any the

which

enquiry

the

Magistrate,if satisfied

correction
page

is made

under

the

provisions of
been

this

of the

has registration-book

transmitted forward
the the

the Registrar shall Registrar-General,

forthwith

necessary

information
may be

to

the

Registrar-General in
shall

order

that

correction 24. 25.

recorded

in the

original register. apply

this in to
a

Nothing

in this Enactment

stUl born
the
or

child, Chief
any

stm

bom

cMid.

(i)Subject to the Secretary to Government

of the

provisions of
may
:

Enactment

Rules.

make

rules

respect of all

following matters
form and

(a) the

contents

of the
or

and registration-books documents

Enactment
;

of any
for

certificates, notices,

other

required
;

carrying out (6)

(c)
the of

the

purposes under

of this
this

the fees to be taken

the

Enactment

other and registers, registration-books, custody of registration the business with connected ; documents

(d) the making

in

of searches

and

the

giving of

certified

copies ;
contained

(e) the preparation and

; registers

custody
as

of indexes

of matters

(/) any
(ii)Such
be

other

matters

to which

rules for carrying into

rules shall
same

be expedient to make it may effect the objectsof this Enactment. in the Gazette and shall upon therein this

be

pubhshed
as

of the

force

if

they

had

been

enacted

Enactment.

728

No.

13

OF

1920.

Fees into

to

be

paid

26.

All

fees for

taken
the

under

this

Enactment

shall

be

paid

into

the

Treasury,

Treasury

credit

of

the

public

revenue.

Schedule.

ENACTMENTS

REPEALED.

ENACTMENT
An Enactment
to
remove

NO. doubts Federal

18

OF with

1920.

regard to
of the

certain

proceedingsof Malay States.

L. N. President Whereas Council
member whereas
was

the

Council

Federated

GuiLLEMARD, of the Federal

on

[30th October,
Council. of 9th

1920.

November,

1920.]

the 28th
held each
at

day
of the

July, 1920,
there
was

meetiag Malay
the it is

of the Federal
at

Avhich

not

j)resent

least
:

one

from

four

Federated

States

and

doubts
of the

have
the

proceedings
remove

said

consequently arisen as to meeting and whereas

:

vaUdity of the expedient to Malay

States

said

doubts

It is
in

hereby
as

enacted foUows

by
:
"

the Rulers

of the Federated

Council 1. This

Enactment

may in the

be

cited and

"

as

The
come

Council
into

Proceedings
force
on

short

title and

Validation

Enactment,

1920,"

shaU

the

S!'"*"""

publication thereof
2.
taken every

Gazette.
to

Every
by
on

act

or

proceeding purporting
Council
date shall
as on

have of

been

done

or

validation

of "^

the

Federal

the have

28th
been

day

Enactment

purporting
said

to

July, enacted by
to
as

1920, and
the been

gouil'u!""'

said
at

Council
all times been

the and

be

and vahd
at

be and
least

deemed

have

for all purposes

at

effectual
one

if there from

had each

present
four

the

said

meeting

member

of the

Federated

Malay

States.

729

ENACTMENT

NO.

19

OF

1920.

An

Enactment

to

provide

for

matters

relating to
[30th October,

Trustees.

L.

N.

GuiLLEMARD,

1920.

President

of

the

Federal

Council.

12th

November,

1920.]
States

It
in

is

hereby
as

enacted follows

by
:
"

the

Rulers

of

the

Federated

Malay

Council

PRELIMINARY. 1. This
and Enactment be into

Short
commence-

title

and

may
come

cited force

"

as on

The

Trustee

Enactment,
thereof in the

ment.

1920,"
Gazette.

shall

publication

laterpretation.

2.

In

this
or

Enactment,
context
"
"

unless

there

is

something
and relate

repugnant

in the

subject
"

Charge
in

and

"

chargee merely
the

"

include
a

to

every every

interest person

regarded lawfully
"

equity

as

claiming

under

security for money original chargee ;

and

includes or to land, a contingent right," as appHed whether with interest, an interest, a possibihty coupled executory interest of the or possibility the gift or limitation object of the immediate of also is not is or entry, whether a right ascertained,

Contingent

or

future

and

whether and

vested

or

contingent applied

"Convey"
the
execution

"conveyance"

to

any

person

include

for

assurance of every or by that person necessary otherwise or surrendering, assigning, appointing, conveying, he is proprietor or possessed transferring or disposing of land whereof to a contingent he is entitled right, either for his whole wherein or of the less interest, performance for any interest together with or

suitable

all formalities
"

required
"

by

law

to

the

validity
;

of

the

conveyance

Instrument Land
"

includes immovable
an

Enactment

"

means

property
share found of of

and land

includes
;

any

interest

therein
"

and

also
"

imdivided
any person

Lunatic unsound

means

by

due

course

of
;

law

to

be

of
"

mind'
"

and
a
"

incapable
person
who
as

managing

his

affairs

Minor

means
"

is under

twenty-one
in

years to
"

of

age and

"

Pay

and and

payment,"
connection
or

applied
the the
same

relation

stocks into

securities

in

with

expression
in
or

Court,"
;

include
"

the

deposit
of unsound
a

transfer mind
"

of
means

into not

Court
a

Person

not

being
affairs

lunatic,
;

is

incapable

from

person, infirmity of mind

any

minor,
of

who.

managing

his

730

TRUSTEE.

731

"

Possessed

"

interest in
"

less than

of, and to any vested applies to receipt of income life interest, legal or equitable,in possession or a
any

expectancy,

in

land

Property

"

includes and any

movable
debt

and and
in
;

immovable
any

property and
in
not

any any

interest

therein

other
"

right or interest, whether include interests Rights

"

thing possession or
and

action
;

and

"

Securities Stock
"

"

include

stocks, funds,

shares

fullypaid up shares and, so far as relates to this Enactment, by the Supreme Court under vesting orders made in books transferable includes fund, or kept security annuity, any mstruassociation, or or society, by by any corporation,company, of transfer, either alone ment or accompanied by other formahties,
"

includes

and
"

any

share

or

interest
"

therein
a

Supreme

Court
in

includes
to

Judicial

Commissioner
the

"

Transfer,"
the

relation

stock,

includes

execution

and

performance
on

part of
;
"

of attorney, act, and thing of every instrument, power the transferor to effect and complete the title in the
"

transferee
"

Trust
cases

and where

"

trustee the

include has
a

implied
to

and

constructive in the

trusts trust

and

trustee

beneficial the
office

interest

property
of

and
a

the

duties

incident

of

personal representative

deceased

person.

PART INVESTMENTS. 3. A
trustee may, time is to of

I.

unless trust,
in say
"

expressly forbidden
invest state trust any of investment

by
funds
or

the in

instrument his

investments.

(ifany) creating the

whether
at

hands,
manner

the

not, in

following,that
(a)
in any Britain

the
and

Parliamentary
securities of
or

stocks

or

Government

the

United

public Kingdom
or

funds

or

of Great
British

Ireland

of

British

India

any

Colony (b)
in any

or

of the

Federated
interest of

Malay
on

States
is
or

securities

the

which

shall be guaranteed

by
(c) Upon
States

the

Parhament

the

said

United

Kingdom

titles to

immovable
in
a

property

in the
or

Federated
lease hundred

by grant
lease) for
be
or

perpetuity
term
at

by
one

Malay (other than

at
;

mining
least

whereof
the time

shall

unexpired
such
one

of such
in

years investment the

{d)

upon

freehold

leasehold leasehold hundred of such

securities securities years investment at

Straits for
a

Settlements,
term

being
least
;
or

held

whereof
at the the

shall

be

unexpired
(e)
in
or or or

time

upon other

debentures,

debenture
stock
or or

stock,
shares

guaranteed

preference or
comj)any which on

ordinary
a

fixed is

minimum

of any railway of interest rate or

Government of
;

dividend

guaranteed by
States
or

the

the

Federated

Malay

of any

British

Colony

732

No.

19

OF

1920.
debenture
or

(/) in

or

upon

the

debentures

or

rent-charge stock

of any
company

railway, canal, dock,

or

the

Federated charter
upon

body Malay

harbour, gas, water, or other of incorporated by speciallegislation

States
or

the

Straits
;

Settlements

or

by
(g)
in
or

of His

Britannic

Majesty

the guaranteed or preference stock shares of or canal, dock, harbour, railway, other water, or any gas, shall which have dividends its paid company upon ordinary capitalfor at least the three years last preceding the making of the advance thereon ;
or

(k) in

stock other

the debentures debenture or or upon rent-charge of any railway, canal, dock, harbour, or gas, water, company
or or

body
rate

incorporated
Settlements of not

in

the

Federated shall have

Malay paid a
upon last

States
dividend its

the
at the

Straits

which of the
;
or

less than

ordinary capitalduring each preceding the time of investment

upon the

five per centum three years

(i) in

or

stocks, bonds, debentures,

or

securities

of any
in the the

public body, municipahty, Federated Malay States or

revenues

local

authority
of the

the

Straits

Settlements Government
may to

whereof said
other

are or

under

the

control
as

of the

States

Settlements,
which
may of the time

the

case

be ;
time

{)) in
and

any

security
resolution
time to
same

from

time

be

added
may aforesaid also for

by
from
others

Federal
any
;

Council,
such investment
as no

of the

vary nature

provided always
there is to receive

that

such under
the his in
Discretion trustees. of

investment as original entitled no disability fund

or

aforesaid
in

shall, where

possession
a

the

a person of income

trust life

for any

his life

or

for

term be

for

greater interest,
person.

of years determinable with made without the consent

wTiting
"

of such power
the

4.

Every
to the

conferred
of

by

Section

3 sHall be

exercised
to any

ing accordconsent

discretion

the

trustee

but

subject

required by
to
Application preceding
sections. of as

instrument,
of the

the

investment 3

if any. creating the funds. trust

trust

with

resj)ect
before

5. Sections
to trusts

and

4 shall

apply
the

as

well

to

trusts

created

created

after

commencement

of this

Enactment,
powers

and

the powers

thereby
the

conferred

shall be in addition

to the

conferred
Loans
tnistees

by
can reason

instrument,

if any,

creating the

trust.
on

and

6. (i) A
by
as

trustee

investments
not

which
trust

he

fhargeable
breaciies trust. of

by
to

the security of any on lending money property lawfully lend shall not be chargeable with breach of only of the proportion borne by the amount

of the

loan

the

value

of the that
was

property
to

at

the

time

when that
to the

the in

loan

was

made,
loan able,

provided
the trustee

it appears

the
a

Court
as

making
value
to

the

acting
a

upon

report
mstructed

of the be
an

property made
of

by

person
or

whom valuer

he

reasonably
and

believed

practicalsurveyor
any carried
or owner on

employed
such the loan

pendently inde-

of the
in and

property,
the the amount value

Avhether
where

surveyor

or

valuer

l)usiness

locaUty

i)roperty
does
as

is

situate

elsewhere,

that

of the ofthe

not

exceed

two

equal

third

parts of the

property

stated

734
and any of such

No.

19

OF

1920.
be
;

existing trustee may separate set of trustees

appointed or or, if only one

remain trustee

one was

be so originally appointed, then one separate trustee may the first for and mentioned appointed part ; than one new more (c) it shall not be obligatory to appomt where trustee trustee was only one originallyappointed the where of trustees to fill up more or originalnumber than two trustees were appointed ; but, except originally where only one trustee was appointed, a trustee originally his trust this section shall not be discharged under from unless there will be at least two trustees to perform the
trust
;

and
or or

((/) any
are

assurance

property
the

any trustees

thing requisite for vesting the part thereof jointlyin the persons
shall be
so

trust who

executed

or

done, before
or as

trustee Every new (iii) the trust property becomes

appointed, as by law or by
same as

well
assurance

after all
otherwise

vested
may trustee

in

him, shall have

in all

the act

powers,

authorities, and
been trust. to
a

discretions
a

and

respects

if he had

appointed originally
trustee in
a

by

the

instrument,
of

if any,

creating the
relative

(iv) The
dead include before

provisions of
the the
case

this
a

section

who
will

is

dying
include of the

testator, and

nominated person those relative

trustee to
a

but

continuing trustee

if willing trustee to act in the execution a refusingor retiring provisions of this section. (v) This section appliesonly if and so far as a contrary mtention is not expressed in the instrument, if any, creating the trust and of that shall have effect subject to the terms and to mstrument therein contained. provisions any ^,(vi) This section applies to trusts created either before or after the
commencement of this there
are

Enactment.
more

Retirement trustee.

of

9.

(i) Where
from

than declares if his

two

trustees, if
he

one

of them of

by instrument discharged
person,

under the

his

hand
and

that

is desirous

being
other

trust

co-trustees,

and

such

under the

if any, as is empowered to their hands consent to the

the co-trustees alone

appoint trustees, by mstruments discharge of the trustee and

of the
trust

to the

vesting in
from

property, then
to

trustee

desirous
the

of

retired

trust

being discharged shall be deemed and shall, by the said mstruments,

this Enactment

have
be

charged dis-

therefrom

under

without

any

new

trustee

being appointed in his place. (ii)Any assurance or thing requisitefor vesting the trust property done. in the continuing trustees shall be executed or This section (iii) appliesonly if and as far as a contrary intention is not expressed in the instrument, if any, creating the trust and and to instrument shall have of that effect subject to the terms
any

j)rovisionstherein

contained.
trusts

(iv) This section the commencement

Vestini? of
movable

applies to
of this

created

either

before

or

after

Enactment.

10.
new

(i) Where

an

instrument contains

by
a

which movable

new

trustee

is

appointed

property
or

in

to

perform

continuing

trustees.

the

any effect that any

trust

declaration

interest in any

appointor to to the subject property by

the

TKUSTEE.

735
other thing or by virtue of the performing the trust, debt who

trust in

or

the
so

right
become

to

recover

and
vest the

receive

any

action

subject

shall and

in the

instrument that

are

persons for trustees

declaration
persons, interest
as or an

shall

without
owners

any

assignment
for the

operate

to

vest

in

those that

joint

and

purposes

of the

trust,

right.
instrument

(ii)Where
under section the this

by
contains

which such

trustee retiring
a

is
as

discharged
is in this

Enactment

declaration

mentioned
person, shaU trustees

by
if

the

retiring

and

other

declaration

to empowered any, Avithout assignment any

continuing trustees appoint trustees,

operate
and the for to the vest

and

by
that the of

in

continuing
the

alone,
or

as

joint

oA\Tiers

purposes

trust, the
This (iii)

interest

right to
not is
or

which to

declaration
such in

relates.

section

does
as

extend

any

share, stock,

annuity, or
company Enactment.
or

property
other

only
in

transferable

books

kept by
under any

body

manner

directed

by

or

(iv) This
commencement

section

applies only
Enactment.

to

instruments

executed

after

the

of this

Purchase 11.
vested

and

Sale.
a

(i) Where
in
.

trust

for

sale sell
or

or

power

of sale of property
"
1. %/

is in

Power
trusteG

of for s"lfi

trustee, he
any either

all or selling
or

part
to

may of the

concur

with

any

other

person

to sen

by

property

not

and

together or
any matter

contract of title any contract

or

subject
other

such
as

subject to prior charges in lots by public auction or by private conditions respecting title or evidence
trustee in at thinks anj^

either

*"'^*'o"" "*".

the to

fit,wdth
auction
or

contract

for sale and

and to

buy

to vary power to rescind any

for sale

re-sell without

being
as

answerable

for

any

loss.

(ii)This
is not shall the

section

apphes only
in the instrument to

if and

far

as

contrary
trust
or

intention and
to

expressed
have effect

creating the
terms

power

subject

the

of that

mstrument

and

provisions
This (iii)

therein

contained.
to trusts
or

section into

appHes

powers
or

created after the

by

ments instru-

coming
of this

operation either before

made

ment commence-

Enactment.
sale

12.

(i) No
the sale

beneficiaryupon
which
was

the

by ground
may the

trustee that any been

shall
of the

be

impeached

by

any
to

^bTect*to^^^
depreciatory
conditions.

conditions

subject

made
that

have

imless

it also appears

consideration

unnecessarilydepreciatory, for the sale was thereby

rendered

inadequate.
sale be made

(ii)No

conveyance, of the that any have

been

by a impeached
conditions

trustee
as

of the shall, after the execution the the ground against purchaser upon the sale was made subject to which may
with the it appears trustee at the that time the

unnecessarily depreciatory, unless

was

purchaser
the contract No (iii)

acting
for sale

in collusion
was

when

made. anj^ sale

purchaser
make

upon

made
the

by

trustee

shall the

be

at

liberty to
aforesaid.

any

objection against

title upon

groimd

73G (iv) This

section

No.

19

OF

1920.
sales made after the
ment commence-

appliesonly

to

of tliis Enactment. Various

Power authorize to

Powers

and

Liabilities.

receipt of by money
solicitor
"

or

banker.

appoint a solicitor to be his agent to valuable consideration or give a dischargefor any money receivable the under the or trustee trust by permitting property by the solicitor to have the custody of and instrument to produce an in the thereon a having body thereof or endorsed receiptfor such valuable consideration or or being money property, the instrument executed the endorsed entitled or receipt being signed by the person to give a receipt for such valuable consideration or or money shall not be chargeable with of breach trustee a property ; and trust concurred in making or by reason only of his having made such appointment ; and the producing of any such instrument any the solicitor shall be sufficient authority to the person hable to by valuable consideration or or or give such money proj^erty for pay his paying or giving the same the solicitor to the solicitor,without or producing any separate or other direction authority in that behalf from the person who executed or signed the instrument.
trustee may receive and

13.

(i) A

(ii)A
receive under banker
or

trustee and

may

appoint

banker

or

soUcitor

to be to

his the

agent to

give a discharge for any by virtue of a policy of

solicitor to have
with the

money
assurance

custody of and assurance a receiptsigned by the trustee ; and a trustee be chargeable with shall not breach of trust by reason only of his made concurred such in making any or having appointment. from (iii) Nothing in this section shall exempt a trustee any which he would have incurred if this Enactment had not liability such been passed in case he permits any valuable or sideration conmoney
or

trustee payable by permitting the to produce the policy

of

or

property
or

to

remain for
a or

in the

hands

or

under than
case

the

control

of the

banker

solicitor the
same

period longer
trustee. where the the

is

to enable necessary transfer the or pay

banker
to

solicitor (as the

may

reasonably be) to

the

(iv) This
consideration
this

section
or

apphes

only

property
this is he
m

is received

after

valuable or money of commencement

Enactment.
in section

(v) Nothing
which he

shall authorize
terms

trustee to

to
or

do
to

express
is in trust. insure

forbidden
terms

do,
to

thing anyomit the

anything
instrument
Power to insure build in-'.

which

express

directed

do,

by

creating the
trustee other

14.

(i) A

may
insurable

against loss
to

building or
amf)unt

property

of any

insurance

already
insurance other

on

fourth
the of

parts of the
income

full value

of such

damage by fire any (includingthe foot) not exceeding three equal building or property and pay
or

any

amount

premiums
the

for such of any

out

of the

income to

thereof the
may
same

or

out

property

subject
person

trusts

without

wholly
which

the consent of any ol)taining partly to sucli income. docs not (ii)This section apply
or a

who

be

entitled

to to

any

trustee

is bound

forthwith
to

building or property absolutely to any convey

beneficiaryupon

being requested

do

so.

'

TRUSTEE.

737
before
or

This (iii) the shall terms

section

applies to
of this trustee to

trusts

created but

either

after

commencement authorize any

to

Enactment,
do to omit

nothing

in this section

forbidden
terms

do,

or

express 15.

directed
trustee of

to

anything which he is in express he is in to do anything which the trust. do, by the instrument creating
power of

(i) A
custom

renewable
or

from
or

time

by

for lives or years leaseholds which are any either under time to covenant contract or any usual if he thinks fit,and shall, if practice may, any person time

[."e*vabie^
leaseholds
to

thereto

required by
or

having
m

any

beneficial
use

interest,
his
and best

tiie*'' monry^for
i'"n"ose.

present
same

future to

or

contingent,
from accustomed
to

the time and

leaseholds,
a

endeavours
that

obtain
on

to

renewed

lease terms in

of the for
a

property

the

reasonable
or concur

from time purpose may surrender of the lease for the other the acts
as are or

time

make

making
all such terms

requisite ;
will the is entitled

being subsistingand do provided that, where by the

time

of

settlement interest
or

limited
to
renew

to

contribute renewal

in possession for his life or other person without to enjoy the same obligation any of renewal, this section to the expense consent in

shall

not

aj)ply unless
to the is money renewal in trust

the
on

writing

of that

person

is

obtained

the part of the

to

trustee. trustee then in in

(ii)If
his

required
may

efPectmg the
hands
to be

pay

for the renewal, the pay the same out of any money interested beneficially

for the
in the

persons

the

lands hands lease

trusts money

comprised
money

renewed

lease, and
he may

if he has
raise

not the

in his money

sufficient

for the

purpose

required by charge
or

of any to which
ujjon to see
a

of the property to be comprised in the renewed other property for the time being subject to the

subject ; and charge purporting to be under

that

property
money

is

no

person
power
more no

advancing
shall

this

be

bound than

that

the

is wanted

or

that

is raised

is wanted

for the

purpose. to trusts

This (iii) the shall terms

section

appHes
trustee

created but

either

before

or

after

commencement authorize any to

of this Enactment,
to

forbidden
terms

do,

or

express 16.

directed

to

nothing anything which he is in express to omit to do anything wlii^li he is in instrument the do, by creatingthe trust.
do of
any trustee

in this section

(i) The
or

receipt in writing
other

for
be

any

money,
or

power

of tmstep

securities,
deUverable

movable
mider any

property
trust
or

payable, transferable,
power

*" *^''^^ receipts.

to

him

shaU

sufficient

the person shall effectually exonerate and discharge for the same from or seeing to the delivering the same paying, transferring, for any loss or misapplication application or being answerable thereof.

(ii)This
the

section

applies to

trusts

created

either

before

or

after

commencement

of this Enactment.
or

17.
or

(i) An
on

executor any

administrator
that he

may

pay

or

allow

any

debt

power

of

claim

evidence
or

thinks
or

sufficient.
or more

anaTrustees to
trustees

(ii)An creatmg
and
Tii

executor
a

administrator
sole

two

actingif any,
trusts

compound,

etc.

together or
the powers
"

sole trust

acting trustee
a

where

by
or

the

instrument,
to execute the think

trustee

is authorized
as

thereof
47

may,

if and

he

they

may

fit,accept

738
any composition or any movable immovable, or

No.

19

OF

1920.
any

security
claimed and

for

debt
may

or

for any
any

property,
time for

and

aUow debt,

payment
submit
or

of to

any

debt

arbitration,
and do for such

or

compromise, may otherw'ise settle anv

the

compound,
intestate's
enter

abandon,
claim,
estate
or

account,

thing whatever
the trust and

relatingto
any

testator's

or

to

of those other

execute,

agreements,

purposes may instruments

into, give,
or

of composition
him

them or seem things as to for loss occasioned -CTdthout by any expedient being responsible any in good faith. act or thing so done by liim or them

arrangement,

releases, and

This (iii) is not

section

appliesonly
in the

if and

as

far

as

contrary

intention

expressed
have
effect

instrument,
to

shall the

subject apphes
or

the

and if any, creating the trust of that instrument and to terms

provisionstherein
section

contained.
to and administratorships, executorships, either

(iv) Tills
trusts

constituted
of this

created

before

or

after the

ment commence-

Enactment.
a

Powers
or more

of two more

18.

(i) Where
trustees

power

or

trust unless

is

given
or or

to

or

vested
is

in

two

or

trustees.

then, jointly,
if any,

the

contrary

expressed
same

in the be

instrument,
exercised
time
or

creating the power

the survivor

trust, the
survivors

may

performed by
section

of them

for the

being.
instrument

(ii)This

by
this
Exoneration trustee in of powers of

appliesonly to trusts coming into operation acting

or

constituted after the

after

or

created of

commencement

Enactment. A
trustee of any

19.

paying

money

in

good

faith

under

or

in

respect
certain

pursuance
act
or

of attorney.

payment
or

for any such of attorney shall not be Hable power fact that the time the of of the at by reason the who person act to some
at

payment
dead
not
or

act

had
to

done
the

gave avoid
time

the
the

power

known

trustee

the

power, of his so

of attorney if this fact

was was

Provided
person

that is made

nothing
to the

in this

section

shall affect the the

so

acting or paying right of any

to whom the

entitled

payment
same

and

money that the

against
person to whom
trustee,

person

entitled the

shall

have

the
as

he
Implied indemnity
trustees.

remedy against the person would have had against the

20. A
trustee

payment

is made

of

prejudice to the provisions of the creatingthe trust, be chargeable only for money and securities actuallyreceived by liim,notwithstanding his signing and the sake for of conformity, and shall be answerable receipt any defaults and accountable or acts, receipts, neglects, only for his own
shall, without
instrument,
if any,
not

for those person

nor

other

with
for other

of any other trustee whom trust any the

nor

for any
or

banker,
securities

broker,

or

moneys
same

deposited
nor

or insufficiency

for

any

loss, unless
may

the

wilful default, and of the trust of his trusts

Liability of
or executor administrator

reimburse expenses

deficiencyof any happens through his own himself or jiay or discharge out
in
or

be may securities

premises all
or

incurred

about

the

execution

powers.
an or

21. for

(i) Where
lease

executor

or

administrator contained
the

liable,
lease
or or

as or

such the

to the

rents, covenants,
a

agreements
or

in any

agreement
mencement com-

in respect of Iea3("3.

granted

assigned, whether
to

before
testator

after

of this Enactment,

intestate

whose

TRUSTEE.

739
under
due

estate the and

is

being
lease

adrainistered
or

has

satisfied
a

all such
as

Uabilities accrued

said been

agreement
up
set

for
the
a

lease

may

have

claimed and
may has be
or or same

to

time

of

the fund any

assignment
to
answer

hereinafter
any future

mentioned
claim
sum

apart
in

sufficient

that

made

respect

of

fixed
to be

and laid the

ascertained
out
on

covenanted demised
the

property

agreed agreed
may

by
to

the

lessee

the

be
have to

demised,
arrived,
a

although
and has

laying
lease at
or

out

not
a

period assigned
he shall
to

for
the be

agreement
to

for

lease

purchaser
estate

thereof,

liberty

distribute

the

residuary
thereto further
meet

of the

deceased
without maj'

and

amongst
estate lease
or

the
any

parties
part
or

entitled
any
to

respectively
(as the
case

priating appro-

part
any

be) of the
the

of

the

deceased for
or

future

liabilityunder distributing
the
or

said

agreement
executor

lease.
so

(ii) The
estate

administrator

residuary
agreement
sufficient

for fund claim

having assigned and lease having where necessary aforesaid, be personally liable as
shall

not,

after

the

said
set

lease

apart
of

such

in

respect
for
a

any

subsequent

under

the

said herein

lease

or

agreement
shall him
to

lease. the
the

(iii) Nothing
lessor deceased whom
the This
or

contained under of
the

prejudice
follow

right
assets
or

of of

the
the

those into

claiming
the hands may
assets

said

have
to
or

or person persons distributed. been

to

amongst

(iv)

section either

appHes
before

executorships
after
the

and

administratorships
of this

constituted Enactment. 22. the

suit trator

commencement

(i) Where
as

an

executor

or

administrator
the in

has
in
an

given
or or

such

or

Distribution

of

like notices for creditors

their executor in the

would and

be

given by
to the

Court
to the the the the

administration adminis-

t||t"ator^r
intestate after

others

send
estate

executor testator

claims
or

against
administrator
notices at
or

of

intestate,
of the for
time

such named
in
or

shall, at
the to last of

expiration
said notices assets

said
be any to

sendmg
testator

such

claims,
or

hberty
claims

distribute

the
the

of the entitled
or

intestate

part thereof
the and shall
to not not any

amongst
such be

parties
the

thereto,

having regard
has then
so

of which

executor

administrator
or

notice,

liable

for

assets

any

part
of

thereof
or

distributed
has
or a

person
notice
as

of whose
at the the
case

claim
time may

such

executor

administrator said
assets

had

of

distribution

the

part thereof,
contained
to

be.
the

(ii) Nothing
creditor the
same or

herein

shall the
assets

prejudice
or

right

of

any into

claimant

follow
or

any

part
have

thereof received

hands

of

the

person

persons

who

may

the

respectively.
(iii)This
section either

applies
before

to
or

executorships
after
the

and

administratorships
of this

constituted
Enactment.

commencement

740

No.

19
PART

OF

1920.
III,

POWERS Appointment
Power of the '^

OF New

THE

COURT.
and

of

Trustees may,
trustees
so

Vesting
it is

Orders.

23.

(i) The
a new

Supreme
trustee
or

Court
new

whenever and without

appoint n'^w'^trii"tee!i"''

it is found the
a new

exjjedient to inexpedient,
of
or

difficult, or Court, make

trustees trustee
or

impracticable
an

to

do

assistance trustee to

the
new

order in

for the

of aj^j^ointment for
or

either

substitution
or

in

trustees

particularand provision,the appointment

sentenced
or

without

although prejudice to
may, trustee in

there the

is

existing any In existing trustee. the of foregoing generality

no an a

addition

Court of
a new

if it thinks

fit, make
for
is declared

order trustee
an

for the who is

substitution
or

to

term
or

of
is

imprisonment
a

to be

insolvent

is

bankrupt
order
or

lunatic

or

of unsound and

mind.

(ii)An
order

under

this shaU
or

section not

conveyance discharge to any former

operate
for

consequential vesting any further otherwise as a or

than
an

contiiming trustee
power that

appointment
contained
in

of any

new

trustees

under would
in

instrument

any have

purpose

operated.
shall

(iii) Nothing
executor
or

this

section

give

power

to

appoint

an

administrator. of the
the
;
a

Vesting
as

orders

24.

In

any

following cases,
Court
and

namely

"

to

laud.

(1) Where
trustee

Supreme
trustee to
a

appoints
to
or

or

has

appointed a
of any either

new

(2)

Where

entitled

possessed contingent right therein,

other
or or

entitled

land,

or or

solely

jointlywith
(a) (c)
is
a a

any

person

"

minor,
lunatic of

(") is

person

of unsound

mind,

or

is out

the

of the jurisdiction
;

Supreme
of two

Court,

or

cannot {(l)

be found who

and
was

(3) Where (4) Where

to
or

it is uncertain

the
or

survivor

or

more

trustees
as

jointlyentitled
to the last

to

possessed of
known
to it is uncertaui

trustee

land ; and any entitled been have whether he

is

possessed living or dead ;

(5) Where
was

of any and

land

personal representative of a trustee who possessed of land and lias died intestate who is the jxn-sonal it is uncertam to that land, or where as entitled to dcivisee who of trustee was or a representative and of and is dead land or possessed ; trustee a jointlyor solelyentitled to or possessed of (6) Where has to entitled land or a contingent right therein any entitled to behalf of been a required, by or on person of the release land of the or a right, require a conveyance has wilfully the land or to release the right and to convey release the the land refused or or neglected to convey of the the date after for ment requiretwenty-eight days right
there
is
no

entitled

to

or

742

No.
the

19

OF

1920.
of
a new

consequential on
effect such
as

appointment

trustee

have
were

the

same

if the had

(ifany)
person existed
or

persons who duly executed

as

before the

appointment

the

trustees

interest
no

the

of the land for all proper conveyances there directs is no if such Court or Supreme

such been

and

person of full

capacity then as capacity and had duly

of full for such
have interest
same as

if such executed if the

person

had

of the land conveyances other case shall in every other person

or

the Court
as

all proper directs and

trustee
or

the

effect

rights or descriptionor relate had been an supposed rightsthe said provisionsrespectively and ascertained existingperson of full capacity and had executed release to the effect intended or by the order. a conveyance
to
Power
to

class of persons

w^hose

appoint
to convey.

person

Vesting
as

orders and

to stock

things

in action.

be made under vesting order can any if Court it is more the Supreme may, foregoing provisions the land or release the to convey convenient, appoint a person release and or by that person in a contingent right, conveyance due to the order with shall, compliance with subject conformity of interests the requirements of the laws relating to registration the appropriate order under effect as an the same in land, have provision. 30. (i)In any of the following cases, namely the Supreme Court appoints or has appointed a new (1) Where

29. In

all

cases

where

of the

"

trustee

;
a

or

(2) Where
person

trustee to

entitled
or or or

alone

or

jointly with
" -

another

stock

to

thing

in action

(a)

is

a a

minor,
lunatic

(b) is

of unsound

mind,
the

or or

(c) is out

of the

of jurisdiction
or

Supreme Court,
stock
or or

(d)cannot

be found,

(e) neglects or
dividends
recover a

refuses
or mcome

to

transfer

receive
sue

the
or

thereof,
in

to

for
to

thing

action,
next to

direction for

of the

person

according absolutely entitled

after him
a

the
in
so

thereto

twenty-eight days writing has been made

entitled, or

request
person
receive
sue

by

the

(/)neglects or
dividends
recover a

refuses
or

to

transfer

stock
or

or

the
or

income in

thereof,
of the

to

for

thing
an

action, for twenty-eight days

next

after

order been

Supreme
on

Court
or

for that

purpose

has

served
a

him

(3) Where
action the
or

it is uncertain another
or

whether person order

trustee

entitled
or

alone

or

jointly with
is aUve may

to

stock

to

thing

in

dead,
an or a

Supreme
call for
or a

Court

make

vesting the right to

the dividends action
in any
or

transfer
mcome

transfer
sue

of stock
or recover

to receive

thereof
as

to

for

thing in

such

person

the

Court

may

appoint
"

Provided

that the

(a)

Where

the Court

order of
a

is
new on

the persons

who

consequential on the appointment by in trustee, the right shall be vested the trustees tlic ai)pomtment are ; and

TRUSTEE.

743
is dealt with

(6) Where
was

the person whose entitled jomtly with

vested in with

right

by
the
either

the

order

another

person, person whom

right shall
alone may
or

be

that
any

last-mentioned other
person

jointly appoint.
(ii)In
section proper all the person
cases

the

Court

where
may, make in

vesting
join
in

order

can

be

made

under

this
some

Court
to

if it is
or

more

convenient,
the

appoint
or

The (iii) transfer Enactment

person

whom is vested

the

making right to
an

transfer. call for under the

this

transfer of the
or

of any

stock

by

order
to

Court
any

according companies
its tenor.

transfer the stock may the all to order, and

himself

other

person

shall

obey
in

every

order

corporations, associations, and this section under according to

order under this section
or

(iv) After
not

notice for

Amting
the

of

an

it shall
to

be

lawful
any

transfer

stock
in

any to which

corporation, association,
order with
relates the
or

company any

to pay

dividends

thereon

except

accordance Court

order.

(v) The Supreme concerning the manner

action

vested

under

make declarations and give directions may the right to any in which stock or thing in the provisions of this Enactment is to be

exercised.
to vesting orders shall as (vi) The provisions of this Enactment apply to shares in ships registeredunder any Enactment relating to merchant stock. shipping as if they were

31.
new

(i) An
or

order

under

this Enactment
any the

for the
or

appomtment
in action

of

Persons

entitled ^"^

trustee
a

applicationof any person under land, stock, or thmg in action, whether the of or not, or on disability application any person duly appointed
to trust interested may in
on

concernmg be made

land, stock,

thing

subject ordMs.'^ beneficially

the

trustee

thereof. order
action

(ii)An

under

this Enactment
to
a

concerning any
may in the person be

land, stock,
the

or

thing in
of any under secured 32.

subject

charge

interested beneficially or not, or of any disability by the charge. person

application property charged, whether

on

made

interested

in

the

money

Every
well

trustee

appointed by
as

Court

of competent
becomes

shall, as
assurance b}'-

before
or

after

the vested and

a

trust in

property
him,
in all

jurisdiction of Powers by law or ^"^"^o^nted

new

otherwise discretions

have

the

same

authorities,and
been

originallyappointed creating the trust.

33. The incident
or

may trustee

by

the

as respects instrument,

act

powers, if he had

by

court.

if any,

for

order the Supreme Court may for order an apphcation any of and incident vesting order, or
to
or

costs

and

expenses
a new

of and
trustee
or

power costs estate.

on

appointing
to

to charge trust

conveyance of the out

is made
or

transfer
or

in

pursuance

such order any thereof, to be paid or

in
or

any raised
same

land
out

movable
income such

property
thereof
as

respect whereof
to be

the

of the

borne may

and
seem

paid

in

such 34. may

manner

and
powers

by
for

persons

to

the

Court

just.
Trustees charities.
""

The be

conferred

exercised

to vesting orders as by this Enactment or land, stock, thing in action in vesting any

of

744
trustee any would have of
a

No.

19

OF

1920.

the Supreme which Court charity or society over action the jurisdiction duly instituted, whether upon of the trustee made under was a power appomtment by instrument or by the Supreme Court under its gener?J or statutory jurisdiction.

Orders upon be

made certain

35.

Where

vesting
on

order

is made

as

to

any

land

under

this
a

allegations to
conclusive evidence.

Enactment
trustee of
or

founded
on an

an

of the allegation
a

personal incapacity of
is out
or

allegationthat
Court dead died
or

trustee be

of the that
whether

jurisdiction
the trustee

the

Supreme
of
is

cannot
was or on

found
survivor

it is micertain

which
trustee

several

trustees

the
an

or

last has

livingor
or

allegationthat
knowTi the

any has

died shall upon

shall
or

intestate
be

has

and the

it is not

who

is the

personal
so

representativeor devisee,
conclusive
evidence

fact that
of the

order
so

been

made

matter

alleged in

any

Court

any
not

question as to the validityof the order ; but this section prevent the Supreme Court from directinga reconveyance
of costs occasioned

the

payment

by

any

such

order

if

improperly

obtained.

Payment
Cjurt

into

Court

by

Trustees.

payment by

into or

36.

(i)Trustees,

or

the

majority

of trustees,

trustees.

or money the same into the Supreme Court ; pay Code to the provisionsof the Civil Procedure

under

their control

securities

having in their hands belonging to a trust may and the same shall,subject
and
to

rules of Court, Court. be

a

be

dealt

with

according

to

the

orders

of the proper money

or

Supreme
securities

(ii)The
sufficient into

or receijjt discharge to

certificate
trustees

of

the

officer shall
so

for the

paid
as

Court. any
the moneys
or

Where (iii)
trustees

securities
are

are

vested of

in any

persons
same

and but the

majority

desirous
or

paying
camiot into

the

into

Court the
the

concurrence

of the other order the

the

others

by
and

Supreme Court may majority without

where any such
or

payment

Court other

be obtained, to be made
or

concurrence

of the

others with of
any

banker, broker,
or

securities are or moneys other depositary,the Court moneys

or

deposited
may order

payment
the

deUvery
and

of

the

securities

to

the

majority

trustees

for the and

or

purpose

payment,
be and vaUd

dehvery
take

into Court, and every transfer, of payment such order shall of any in pursuance made
as

effect
act

if the

same

had

been

made
to

on

the

authority

by
so

the

of all the

securities

transferred, paid, or

persons dehvered.

entitled

the

moneys

MiCELLANEOUS.
I'ower absence trustee. to

give
in of
a

37.
of

Where

in

any

action made that

action

the

Supreme
in

Court

is satisfied
in the
serve

that

judgment

search diligent
of the

has

been
a

for any any he of

trustee, is made
Court
his also

defendant
and

person action
be

who,
to

character with
may
a

him

hear that

process and

cannot

found,
if he
and

the

Court

determine
in harl

the

and
a

give judgment
trustee
as

therein

served
in the

person and but

character

had

against been duly

at

hearing

without in

matters

appeared by to any ])rcjudice in the action question

his

advocate
interest in

solicitor he may

the

which other

liave

any

character-

TRUSTEE.

745

38.

(i)
or

Where

trustee
or

commits the
consent

breach
in

of

trust of
a

at

the

insti-

Power

to

make

gation
the

request
Court

with
may,

writing
make such

beneficiary,
iudemniiy
for of trust. as

Supreme
seems

if

it

thinks all way

fit,
or

order of
to the the

to

the

broach

Court
the

just
in

for
the

impounding
trust him.

any

part

interest trustee

of
or

beneficiary claiming
This section
as

by

of

indemnity

person

through
shall the to

(ii)
well not

apply
commencement

to

breaches
of this

of

trust

committed but
or

as

before

after
as

Enactment
in
an

shall other
ment. Enact-

apply

so

prejudice pending
at

any the

question
commencement

action of
this

proceeding

which

is

39.
this any

This Enactment acts persons

Enactment
shall

and be
a

every

order

purporting indemnity

to to not

be all

made persons
necessary the

under
for for

luaemnity.

complete
;

done

pursuant
to

thereto

and the

it

shall

be of

such
whether the

enquire by
which

concerning
it
was

propriety
had

order
to

or

the
same.

Court

made

jurisdiction

make

40.

(i) Any
to

trustee

may,

without Court for

the
the

institution

of

suit,
or

apply

Application

to

by
of
or

petition
such
the

the
on

Supreme
any

opinion,
the of
the

advice,

direction the trust

ad^^ce, etc

Court

question
or

respecting

execution trust

of

management
Summons
upon, to
or

administration
the

property.

(ii)
be

attend the
in

hearing
thereof

of shall
or

such
be such

application
attended of them

shall

served

hearing
such

by,
as

aU the

persons

interested
thinks

application

Court

expedient.
trustee the

(iii) given

The

acting
shall have
the

upon be

the

opmion,
so

advice,
as

or

direction
his in
own

by

Court
to

deemed,
his

far
as

regards
trustee

responsibility, subject-matter
fraud
the
or

discharged
said

duty
unless

such
he has in

the of

of

application
or

been
connection

guilty
with

wilful

concealment

misrepresentation
advice,
trusts
or

obtaining
(iv)
This

of
section

such

opmion, apphes
of
this to

direction. either before after

created

or

the

commencement

Enactment.

ENACTMENT

NO. for the

20

OF

1920.*

An

Enactment Trustee.
L. N.

to

provide

appointment

of

Public

GUILLEMARD,

[30th October,
the Federal Council.

1920.]

President It
in
Short
comnience-

of

is

hereby
as

enacted follows

by
:
"

the

Rulers

of

the

Federated

Malay

States

Council 1. This

title

and

Enactment
and

may

be
come

cited
into to

''

as

The
on

Public such

Trustee

ment, Enactbe in

ment.

1920,"

shall Chief

force

appointed
the
Interpretation.

by

the

Secretary

Government

day as shall by notification

Gazette. In this
or

2,

Enactment,
"

unless

there

is

something

repugnant

in

the

subject
"

context

Letters
estate

of and

administration effects
or

"

means

letters person,

of

administration

of with

the
a

of

deceased either
in

whether
or

general
;

or

will

annexed,

Umited
an

time

otherwise

"Trust"
"

includes
"

trustee

shall

be

construed
in

executorship or accordnigly
possession
or

administratorship;
;

and
"

and

"

trust

includes
or
"

all property of the

trustee
"

the

under of
any

the

property control, wholly

;

partly,
Private

public
"

trustee
a

by
trustee

virtue

trust

means

other

than
; ;
as

the

public

trustee

'"

Expenses
The Court

includes
"

costs

and

charges
Court

"

means

the have

Supreme
the
same

Other

expressions
1920."

meaning

in

"

The

Trustee

Enactment,

ESTABLISHMENT 3.
OfFirc trustee. "rf public

OF
be

PUBLIC the be and

a

TRUSTEE. of

(i) There

shall

established

office

public
sole

trustee.

(ii) The
name,

Corporation
8olc.

with be sued

shall public trustee perpetual succession

corporation
an

under may

that
sue

official any other

seal, and

and

under

the

above

name

like

corporation
TRUSTEE.

sole.

POWERS 4.
Qenpral and duties powers of

AND
to

DUTIES and
in

OF

PUBLIC with the the

(i) Subject
and
in
as

accordance

Enactment

rules

made

thereunder,
of estates
;

provisions pubhc trustee

value
;

of may

this

public

trustee.

(a) act

the
an

administration

of small

(h)

act

ordinary
trustee
to

trustee

(c) bo
*

appointed
volume Ist
goes
on

by

the

Court.
tliat this Enactment will
come

As

this

press

it is notified

into

force

May,

1921.
746

PUBLIC

TRUSTEE.

747

Subject (ii)
made vnth
may

and to the rules Powers, provisionsof this Enactment either alone act or jointly thereunder, the pubHc trustee may in any or capacity to which he body of persons any person of this Enactment and shall have be appointed in pursuance
to

the

all the
same

duties, and Uabilities, and be entitled powers, and be subject to the control and rightsand immunities
same

to

the

orders

of the

Court,

as

private

trustee

acting
any

in

the

same

capacity.
except
value
Refusal *'^"^'^* of

on

The pubUc trustee may (iii) the prescribed conditions,

to

decline, either
to

absolutely or
he

accept
the

trust, but
of the

shall not

decline

accept any

trust

on

ground only
accept
so

small

of the trust

property.
not any trust

(iv) The public trustee shall the management or carrying on

in which
he may
nor

which

involves
cases

No

husinpss

be
any

authorized
trust
nor

of any to do
a

business, except

in the under

by
of

rules made of any

this

creditore,'^ "sta'te"^^^"'
not

Enactment,
benefit believed

under

deed

arrangement
estate

for the known

or

of creditors,

the be

administration

by

him

to

insolvent. shall not purposes.

(v) The

pubHc

trustee

accept

any

trust

exclusivelyfor

no

charitable

religiousor
IN THE

charitable

*''"^*'

ADMINISTRATION person who in the

OF

SMALL the

ESTATES. would

5. (i)Any
be entitled to

opinion of
for
an

public trustee

ggt^tes "^f "jj,fif

apply
of
an

to the Court

order

for the

administration

to the

is proved gross capitalvalue whereof public trustee to be less than five thousand the estate, dollars, may apply to the public trustee to administer and it appears is made to the such and where appUcation any of entitled the are that trustee beneficially persons public persons the estate, unless shall administer the pubhc trustee small means, for refusingto do so. he sees good reason

by

the

Court

estate, the

satisfaction

of the

of trust On the public trustee undertaking, by declaration in Avriting (ii) y^stiiig ^"^"^^ ^' the the administer trust sealed to estate, and him, by signed and property other than stock shall, by virtue of tliis Enactment ments, Enactin Official Administrators the notwithstanding anything 1905, contained, vest in him, and the right to transfer or shall stock forming part of the estate call for the transfer of any been made orders had if in like in manner as vest also him, vesting The Trustee Enactment, for the purpose by the Court under from such As shall Enactment and that apply accordingly. 1920," the the admmister estate entitled under trust to vesting any trustee shall be discharged from all liabihtyattaching to the administration,
"

except

in

respect of past
that

acts

Provided

(a) the operation of this sub-section in respect of land shall be subject to due compliance with the requirements of the that in land and of interests laws relatingto registration
for the have
of such laws the said declaration purposes order of the Court ; and effect as an the same

shall

(6) the public trustee the transferring

shall stock

not

exercise

the

right

of himself

without

the leave

of the Court.

748
Administrative powers.

No.
the

20

OF

1920.

For (iii) may exercise

the

Court

as

of the admmistrcation the public trustee purposes such of the administrative and authorities of powers be conferred him ment, on by rules under this Enactmay such conditions under
as

subject to
Rules.

may

be

imposed by
for
on

rules.

(iv) Rules

shall be made
to
course

this Enactment of the Court

enabling the
any

public trustee arising in the

and

take

the

opinion

question
this

of any administration otherA^dse for making the

mthout

judicialproceedings,
under

procedure
in any
small

section
Estate ordered be

simple
Where

and

inexpensive.
been instituted
reason

(v)
by

proceedings have
of
an

Court value

for the of the

to Court administered

by

administration
estate it appears

estate

and

by

of the
can

public

trustee.

to the

Court

that

the

estate

be

more

ally economic-

public trustee than by the Court or that be expedient that the estate should public trustee instead of the Court, the Court order that the shall be administered estate may by the public trustee, and thereupon (subjectto any directions by the Court) this section shall apply as if the administration of the estate had been undertaken of this section. by the public trustee in pursuance
other reason any administered by the
for it is

administered

by

the

AS
of Appointment public trustee to be trustee, executor, etc.

AN

ORDINARY

TRUSTEE.

6. (i) The publictrustee may or by that name, any other sufficient be appointed to be trustee of any will or settlement description, or other instrument creating a trust or to perform any trust or duty belonging to a class which he is authorized by rules made imder this Enactment the Avill or to accept, and may be so appointed Avhether settlement the instrument made trust or or was or creating duty after before mto the this of commencement came or operation and either as an Enactment, trustee, or as an originalor as a new additional

trustee, in the
persons the
or

same as

cases

and
were

in the
a

same

manner

and

by
this
two
Uetirement
CO

the

same

Court
the

if he
trustees may

private trustee, with

addition, that, though

or

more,

public public
Section that

trustee trustee may 9

be

originallyappointed were appointed sole trustee. appointed

the
trust
a

of

-trustee.

(ii)Where
any

the
a

has
"

been from

trustee

of
in

trust,

co-trustee

retire

under

and

accordance

with

of
are

The
not

Trustee
more

Enactment,
two

1920,"

notwithstanding
without
Contrary
visions proin trust or

there
as are

than

trustees, and

such

consents

required by
be
so

that

section. either
as a new

The (iii) additional

public trustee
trustee trust
or

sha,ll not

appointed
or

instrument.

where

the will,settlement,
contains
a

other
to

instrument

creating the
unless
Notice to

duty

direction

the

contrary,

the

Court

otherwise

orders.

(iv) Notice
either
as a new

of any
or

proposed appointment
additional
trustee

beneficiaries.

shall, where
States
make

given
who
are

in the

prescribed manner
in tiie Federated persons
are

to all persons

public trustee be practicable, interested beneficially

and
the

of the

arc

resident to the

known

Malay proposing to
to such their

whose

addresses
or,

if such

beneficiaries

minors,
whom

appointment, guardians.
has

(v) If any person twenty-one days from

the Court may,

to

notice

the

receiptof

the notice

been given within appliesto the Court,

if having

regardto

the interests of all the beneficiaries

750
for the
office

No.
purposes such upon
as

20

OF

1920.
and
those at

of this

Enactment,
and
be

officers shall
such rates

hold
in

terms,
the

remunerated
to

and

such

manner,

Chief

Secretary
and

Government

sanctions.

The (iii)

public trustee
to

hereby
Penal

declared Code.

be

public

officer of the every the within servant

public trustee meaning of

and

is
the

(iv) The
officers and

salary
such

or

remuneration expenses of

other

public trustee executing his office or

as

of

the

his

otherwise

into carrying this Enactment Chief Secretary to Government

Fees

effect

may

be out

sanctioned

shall
in

be

paid

of the

by the Treasury.
of the

charged by
trustee.

11.

(i) There
Chief

shall
such

be

public

public trustee
as

fees,whether
to

charged by

respect

of the

duties
or

way

of percentage

otherwise,
of the
shall in

the

Secretary

Government

prescribes.
be
the

trust
so

which or might be retained (ii)Any expenses paid out the if trustee trustee were a private public property
retained
manner or as

paid,
and

and

the

fees

shall

be

retained

or

paid

like

in addition

to such into the

expenses.

Such (iii) The (iv)"

time
so as

fees shall be fees under

to

paid

Treasury. arranged
to

this section
an

shall be
amount to the

from

time

to

produce
other

annual

sufficient

discharge the

salaries and
determines

including
to be

expenses such sum

incidental
as

the

Chief
the

ment, working of this EnactGovernment to Secretary

Malay
between
trustee.

States

required to insure against loss under this

of the fees and shall and income

revenues

of the

Federated

Enactment. under expenses be determined this section

as

(v) The

incidence

capital

by

the

public

SUPPLEMENTAL
Appeal
from trustee. to Court

PROVISIONS

AS any
act trust
or

TO

PUBLIC
or

TRUSTEE. decision of the

12.

person

aggrieved by
in relation to

omission

public

public trustee
the

any

Court

may

make

such

order

in the

may matter

apply
as

to the the

Court, and
thinks

Court

just.
Mode of action

13.
act

(i) The
this

public trustee
Enactment

shall not, for reward,

nor

shall any
as

of his officers,
this

of public trustee.

under

except

provided by

Enactment.
Employment
solicitors,
bankers, of

accountants,
and brokers.

under this (ii)The public trustee may, subject to the rules made of any such trust Enactment, solicitors, emjjloy for the purposes bankers, accountants, and brokers or other persons as he considers necessary, In determining the persons (iii)
any
trust

the

trust, but
consideration
other
as

to be so employed in relation to public trustee shall have regard to the interests of the subject to this shall, whenever practicable,take mto the

wishes

of

the

creator

of

the of the

trust

and

of

the
or

trustees

(ifany) and

of the

beneficiaries, either
creator

expressed
or

implied by the practice of the of the trust. previous management

trust

in

the

behalf such of the public trustee be as (iv) On may person take oath, make declaration, verify any prescribed may any any Court at any or account, give personal attendance place and do

PUBLIC

TRUSTEE.

751
is

any
or

act

or

thing
to any

whatsoever

authorized

take, make,
bond
or

which the pubhc trustee verify,give,or do.

required
a

(v) Where

security

would

be

required froni
or

private person upon appointment to act is granted to

as

the grant to him

in any him or

of administration

upon

his

aforesaid, shall not

shall be

be

tration capacity, the public trustee, if adminisif he is appointed to act in such capacity required to give such bond or security
liabilities and

but

given
of
a

such

subject to the same bond or security.

entry of
shall the not constitute to

duties

as

if he

had

(vi) The
shall

public trustee
notice to

by
of

that
a

name

in
a

the

books

company be not
on

trust, and
name

company

entitled
books in

object

enter that

the the

of

the trustee

public
is
a

trustee

its

corporation, and,

by reason dealings

only
with

public
the

property,
with trust. is the

fact

that

the shall

of the persons one or person notice of itself constitute not

dealt of
a

public

trustee

INVESTIGATION 14. Court

AND
to

AUDIT
under

OF this

TRUST

ACCOUNTS. and unless of any

the trust
investigation
tmst accounts.

(i) Subject
otherwise
an

rules

Enactment and
accounts

orders, the

condition

shall, on

and thereof notice given in the applicationbeing made be investigated by any trustee or beneficiary, prescribed manner be audited and as by such solicitor or public accountant may in default of agreed on by the applicant and the trustees or, the trustee liim. or some appointed by public agreement, by person

(ii)Except with
audit
shall not be

the

leave

of the
within

Court
twelve
a

such

an

investigationor
after any

required audit, and or previous investigation this section be appointed under to

The (iii)
and vouchers title person

months
or

such audit.

trustee
an

shall not beneficiary

make

investigationor

making
trustees
on

the
a

called the auditor) shall have

of the

investigation or audit (hereinafter Access oe ^" to the books, accounts, rightof access books?'^
to any securities

and
and

and

documents

of

held

by

them

account

of the

trust, and
as

from

them

such

information
of his

explanation

may

require may be necessary

for the

performance
the

duties.

completion of the investigation and audit such to every trustee of to the applicant and a copy person shall forward the accounts, together with a report thereon, and a certificate signed exhibit view of the true a by him to the effect that the accounts
(iv) Upon
state of the of the trust
case as

affairs

of the
investments

trust

and

that

he to

has and
are

had

the

securities

fund
may may

produced
such

verified deficient

by

him in

or

(as the respects

this take

be)
be

that

accounts

such

in specified

such

certificate.

imder (v) Every beneficiary

the
at

trust

shall,subject to rules
times to certificate
or

under

inspection by
'^^^S'^'^^^s-

Enactment,

be the

entitled

all reasonable and

inspect and
own

copies of
to

accounts,
with

report,

and, at his

expense,

be furnished auditor
may is removed

copies thereof by
or

extracts of the

therefrom.
Removal of

(vi) The
any

be removed
or

order
or

Court, and, if

auditor

incapable

of acting before

resigns the investigation and

dies

becomes
audit

bankrupt or is completed,

^"'^''^o'''

752
a new

No.
auditor be

20

OF

1920.
his

may

appointed
of the audit shall and

in

place
and
as

in

like

manner

as

the

origmal
Kemuneration cxpeiiSfs auditor. and of

auditor.
remuneration and auditor be

(vii) The
the rules

the
may

other be
the

expenses

of

investigation
under
this

such

Enactment

shall, unless
estate. trustee

prescribed by public trustee

otherwise

directs, be
the event

borne of the be

by

the

(viii)In
that

such

expenses
or

public borne by
them the and

personally
the to auditor

partly by

order directing,he may the the trustees applicant or by partly by the applicant.
so

(ix) If any
allow
him

person has a to
or

having right of access

access

custody
under
or

documents of any fails this section in

to which
or

refuses

have

thereto auditor make

any

anywise
to

obstructs

the and

investigation

audit,
Court

the

thereupon
(x) Any
certificate
a

the

shall who for

in in the any

apply may it thinks such order as

of

the

Court,
fit.

person

statement

accounts,
shall
not

report,
be
liable

or

required
false of

statement

purj)oses material

of this

section

wilfully makes
to two

particular
for
a

imprisonment
years
or

either
or

description
both.

term

exceeding

to

fine

to

RULES.

by Chief Secretary,
Rules

(i) The carrying into

for all
or

15.

Chief
effect of the

the

any

Secretary to Government objects of this Enactment : following purposes

office

shall

make
in

rules

for

and

particular

(a) Establishing
trusts
or

the

of

pubHc
he

trustee is

and

prescribing the
to

duties
and

which

authorized
to

accept

or

undertake

the and and

be

security,
his the and

if any,

be

given by

the

public (") The

(c) The

trustee to

officers ;

transfer
accounts

from

public
an

trustee

of any
;

property

to

kept
and

audit of

thereof
any

(d)

The

establishment
any trusts

regulation
the
;

branch of this

office

(e) Excluding
or

from

operation
notices

Enactment

any

part thereof
and shall be
manner

(/) The
(ii)Any
this the section

form

in

which

under

this

ment Enact-

given,
to

rules

made
be

shall

by the Chief Secretary published in the Gazette

and (iii)
Enactment.

Government

under
to

and the

sliall, subject
same

provisions
as

of sub-sections
in this be

(iv),have

force

and

effect

if enacted
rules

(iii)Such
next

shall
the

laid

before of the

the

Federal and shall

a

Council
not after

at

its

meeting after in mcc^ting remain

said Council.
In

making
unless

rules

such the

force

approved

by

resolution

of

(iv)

approving
therein shall

alterations

as

(if any)
thereafter have

make such Council rules the Federal may any tions Such it may tliiiik fit. approval and alterarules shall the be published in tlie dtazeUe, and

effect

subject

to

such

alterations

(ifany).

ENACTMENT

NO.

22

OF

1920.

An

Enactment
to

to

consolidate Force.

and

amend

tlie law

relating

the

Police

L.

N.

GuiLLEMARD, of
the

[30th
Federal Council. 9th

October,

1920.

President

November,

1920.]

It in

is

hereby
as

enacted

by
:
" "

the

Rulers

of

the

Federated

Malay

States

Council 1.

follows Enactment

(i) This
in the

may shall
come

be

cited
into

as

"The upon

Police the

Force

short

tuie

and

Enactment,
thereof

1920,"
the

and

force

pubHcation
the
;

n?^"^""^"

Gazette.

(ii) Upon
ments

coming
in
the

into

force
hereto

of

this

Enactment
be

Enact-

Eepeai

and P'**^^'

specified
rmder

schedule

shall

repealed
were

provided pensions
in of force this

|^"f

that

all appomtments, any

rules, and
Enactment

granted
or

hereby

and regulations made repealed which to the not to commencement

all

had

authority
shall,
of
this

immediately
so

Enactment

far

as

prior they are

be

inconsistent have been

with made

the and

provisions granted
2. In

Enactment,
Enactment, unless

deemed

under this
or

this Enactment
"

there

is

something Malay
and

repugnant
States

in

the

interpretation.

subject
"

context

British
of

Malaya
Johore,

"

means

the

Federated

and

the

States
"

Kedah,
'"

Perhs,
the

Kelantan,
Chief

Trengganu.
to

Chief
the

Secretary
"

means

Secretary

the

Government

of
"

Federated

Malay
means

States. the Commissioner of Police for

the

Commissioner

Federated
"

Malay

States. Officer
to
"

Gazetted

Police down

includes

officers

of

all

grades

from

the

Commissioner Commissioner.
"

and

including

Probationary
of Police

Assistant

Superior
other Subordinate
of all

Police

Officer

"

means

Inspector
"

of whatever

class
"

than

Sub-Inspector.
Police Officer includes and members Subadar of
the

Police
to and

Force

grades

from

Sub-Inspector
"

down

including
"

lance-corporal.
Constable
"

Police of

or

Constable for

"

means

person
but

below does

the not

rank include under

"

lance-corporal
an

employed

poHce
or

duties,
a

extra 26.

or

additional

constable,

person

appointed
for

Section Member duties

of the mider

Police this and

Force
Enactment

"

includes
other

all persons
than under extra

employed
Section
26.

poHce

constables,

additional
TTT"

constables,
48

persons
V53

appointed

754
"

No.
Peace

22

OF

1920.

Officer

"

includes

all persons

employed

for

police duties

under
"

this Enactment. Constable

"

Extra

means

a on means

Section
"

22, and

not

enrolled
"

employed temporarily under person establishment. the permanent

a on

Additional Section

Constable

under
Adminis-

23, and

not

enrolled and

employed temporarily person establishment. the permanent

of the
Police to Force

3. The shaU and be

tration of Police
Force by Commissioner. Commissioner may powers Police Powers duties exercised exercise of Chief Officer. and to be
to

supermtendence
in the

administration Commissioner

hands Chief

of the

subject
any in the

the

orders

control

of the

Secretary.
when

4. The therein

Commissioner,
of the powers vested force
to the in

present

in

State, may
Chief
on

exercise Officer. officer

any

vested
in

by

law

Police peace
or

by
this

5. All powers law in any

and

duties Federated
in which

the

imposed Malay
the
same

any

States
are

any

part
Police

subject
Enactment.

thereof

shall,as

manner

to be to

exercised

and performed, Regulations and

be

subject
of the

to

this

Enactment

and

the

Orders. Police

Liability of
members Police service the of the Force for

6. All members be
otherwise

Force, except in such

cases

as

may

throughout Malay

Peninsula.

to approved by the Chief Secretary, shall be bound in any serve place m British Malaya or on board any vessel proceeding to any British Malaya or the Colony as the place within Commissioner wth the approval of the Chief Secretary require, may in the Colony in and shall also be bound to proceed to and serve and Criminal with the provisionsof the Police Assistance accordance

Jurisdiction

Enactment,

1913.

CONSTITUTION
Constitution
Police Force. of

OF of the

POLICE

FORCE. States shaU consist

7. The
of such and Chief

PoUce number

Force

Federated

Malay
from

of
as

and gazetted,superior,
may

subordinate
time to

policeofficers
time

constables

be

sanctioned

by
may

the

Secretary. police
to officers

Appointment
officers.

of

8. Gazetted interdicted with and

shall

be

appointed
rules at the

and
time

be

gazetted police

dismissed

in terms

of the

existing

regard

civil officers of

corresponding
shall
be

rank. and

Appointment superior and

subordinate

of

9. (i) Superior by the Commissioner

may

police officers
with in terms the

appointed
of the
at the

promoted

approval
rules

Chief
time

Secretary and

police officers.

be

dismissed
to

of the

existing with

regard
and
Appointment
constables. of

civil officers of

corresponding

rank.

Subordinate (ii) may be

police officers shall be appointed and dismissed by the Commissioner.

constables
or

promoted
the

10.

Police

shall Chief may

be

appointed
Officer dismissed
or

and with the

promoted by
the

Commissioner

by

the

Police

approval

of

the
Appeal to Secretary
against
Chief

Commissioner

and

be

by

Commissioner. than having more Secretary against

11. Any
twelve
an

subordinate
service

police officer
may

constable the Chief

missal. dis-

months'

appeal

to

order 12.

of dismissal.

Interdiction.

Any superior or subordinate pohcc officer or constable may, the determination of an pending eiu^uiry,be interdicted from the of or by the Chief Pohce performance duty by the Commissioner
Officer.

POLICE

FORCE.

755
shall be

13.

(i) The
in

appointment
the

of every

gazettedpolice officer
signed by
to the

Apiioiutments.

pubHshed
or

Gazette.
to be

(ii)A certificate of appointment

Commissioner peace officer

by
14.

the than

Chief
a

Police

Officer shall be issued

every

other

gazetted police officer.

shall be vested
with the

powers,

of the Police Force Every member and duties as maybe privileges, Regulations.

such Police

Powers

of

mem-

prescribed by

poUcf Force.
peace officer to

15. Every peace

be deemed
to

officer shall,for the purposes

of this Enactment,
to act

be

always
have
in him

on

duty by

when

required
all the

officer, and

shaU

and

exercise

powers,

peace duties, and the Police in force, at

as

J"ty! aiVlyToQ

vested privileges,

tliis Enactment law

may

Regulations
any and 16.

or

every

by any other place where he

for the be

or by being doing duty,

time

officer shall, for the effectual discharge of his Every peace and provided with such staves, arms, accoutrements, ammunition the be PoUce as prescribed by Regulations. may

duties, be

^^

officer to peace armed.

17.
shall
*"

(i) All superior and

engage to
serve

subordinate Police
"

in the

policeofficers and constables be Force for such periods as may

be
m

Engagements

of

lu^oXiate'^
police
and officers constables.

prescribed in the Police Regulations.

(ii) Every such engagement engaged and shall person

"

shall

writing signed by
States be

the

in the (o) if made Commissioner

Federated
or

Malay
Pohce

signed by
or

the

the

Chief

Officer ;

(") if made (c) if made

some

in

England by

the Crown the

in

Agents
Federated that

for the Colonies

or

elsewhere
person

without authorized

behalf

Malay by

States the

by

Chief

Secretary.
18. the

Every

member

of the

Police
a

Force

shall, before
examination.

entering

on

duties

of his office, undergo

peace to officer continue at

medical

Medical examination.

19. shall

Every
be held

the commencement
service
on

of this Enactment
terms

Existing
*^"g''=*^"^"
-

his

the

of his
in

existmg
other Police

of service, and engagement, as to pay and term to this Enactment the of subject respect provisions

and

every the

Regulations.
20.
the

(i) Every member

he

of the

Police

Force

who

shall continue

in

Continuation

of

after the completion of the period of service Force for he shall sign a fresh originallyengaged shall, unless to be under engagement for a further period,be deemed engagement which
to
serve

Police

from

month service
on

to

month held

first month's

being
the last

such every to commence

engagement
on

after the
to

the

fii'st and

be determinable

day

of each

successive

month. he shall

(ii)No
have 21.
a on

such
one

officer shall month's

given

notice of the

resign the Police Force unless in writing to the Chief Police

Pohce Force
to under
an

Officer. for Besignation. and

fixed
such

Every member period may

terms
as

engagement
such notice

be
may

permitted
be

resign after
the

allowed

by

Commissioner

Avith the

approval

of the Chief

Secretary.

756
22.
The

No.
Commissioner shall be
be may

22

OF

1920.
written

Extra constables.

Avithout
as

engagement
and

employ
such

to serve persons constable extra duties

as

temporarily

extra

constables,
such powers,

every

vested

with
the

may

prescribed by
Police
number

Police

and privileges, Regulations.

the

Additional

23.

(i) The

Chief

constables.

person, the peace

order at any to act as guards or watchmen or place or as escorts from place to place at the cost of the person the and applying, but subject to the orders of the Commissioner Chief Police Officer and to the Police Regulations and Orders.

appoint any to keep or

Officer may, on of additional

application of
to

any

constables

preserve

The (ii) have

the

been Chief

whose application such appointment shall person upon notice in writing to made giving one month's niay upon constables the additional Police Officer require that so
at

appointed
Police constables.
Termination
services.

his

cost

shall

be

Officer

shall

give

notice

discharged and thereupon the Chief additional of discharge to such

of

24.

Any
in
one

extra

constable
or

or

additional be

constable

may

be dismissed
one

by

the

Commissioner

may in

notice

writing
month's
notice
on

or

Officer 25.

may notice

discharged after resign uj)on giving to the

writmg.
referred the
first
to

month's Pohce

Chief

Notice in writing.

The

in
or

writmg
before
are

in Sections of

20, 23, and

at the

24 end

shall be of which

given
such

day
to be

the

month

services

intended

discontinued.

Persons for appointed police duties

26.
as

Persons

appomted

by

any

Government traffic

by

Government

Department.

railway, dock, wharf, marine, or specialor local poUce duties may and duties within such local privileges, by the PoHce Regulations.
other

Department to serve policeor to perform any

with

be vested hmits
as

such be

powers,

may

prescribed

Delivery of
Government property on ceasing to be

27. deliver article

(i) Every
up his

peace

certificate and

officer upon ceasing to be emi:)loyedshall of appointment (if any), all and every

of

uniform the

clothing

and and

all horses,

vehicles,

arms,

employed.

accoutrements,

ammunition,
Government

staves, which

belonging to
him.

other effects of every kind entrusted to been have may

(ii)Any
the articles

person

neglecting to
shall
or

so

deliver
on

up

any

horse to
a

or

aforesaid

be

liable

conviction of either in addition

or

of any fine not shall

exceeding fiftydollars term not a exceeding

be

to

imprisonment
months,
of the and horses

descriptionfor
thereto

three value

liable to
which
a

pay

the

articles not fine.

delivered

up,
in

value

shall be and

ascertained

by

the

convicting Magistrate
as a

summary

way

shall be recoverable

Desertion.

unlawfully or in breach of his engagement shew which duty under circumstances that he has the intention of not returning to duty, shall be deemed and to imprisonment to liave deserted, sliall be liable on conviction to of either or not exceeding twelve months descriptionfor a term such imprLsonfine not exceeding five hundred dollars or to both a
28.

Any

absents

peace officer,who himself from

ment

and

fine,and

all pay

due

to him

shall be forfeited.

758
31.
by

No. (i) If
as

22

OF

1920.
the

Grave may be

ofEences tried

it to

shall

appear

that

offence

is of

such

grave

Magistrate.

that presevere punishment require a more scribed the under the preceding section accused be may person to a charged before a Magistrate, and shall be hable on conviction fine not exceeding fifty dollars or to imprisonment of either descriptionfor a term not exceeding three months, or to both such fine and imprisonment. character

than

Any (ii)
conviction

is

convicted person reversed on in such

case

under

this be
to

section

may,

unless the

the

appeal,
due

dismissed him
may

from be

PoHce

Force,
Punishment
officer. ot

and

all pay

forfeited.

32. for any month's

(i) The
of the

Commissioner offences

superior police

reprimand, Any (ii)

any

severe

punish any superior police officer may in sub-section (i)of Section 30 by specified than one reprimand, or forfeiture of not more
Chief

pay. such made officer may appeal to the under sub-section (i).

Secretary agamst
a

order

as

that the offence If it shall appear (iii) to require a more severe punishment

is of such than
that

grave
to

character

prescribed under
be dealt

sub-section with
or Threatening insulting senior

(i)the Commissioner
Chief

may

refer the

matter

by
in

the

Secretary.
insult
on on an or

33. senior such of

Any
threat

shall threaten officer, who or peace when rank such senior officer shall be
or

officer

officer.

insult shaU officer

a so

relate to

or

be consequent
or

when duty, the discharge

on

duty by

the

threatened
of to

insulted, shall be liable

First

conviction

before
one

Magistrate
dollars
or

the

Class

to

fine not

exceeding
for and
Powers be o" to a

hundred
not

imprisonment
months
or

of either to

tion descripsuch fine

term

exceeding
in officer

twelve

both

imprisonment.
In all matters which
to

34.
by

by

this

Magistrate
exercised

police

officers.

given to a Magistrate
necessary

police

inflict

be exercised by such may him to exercise such to enable duties of the Police Force

is Enactment jurisdiction of a punishment the power police officer,in so far as is

jurisdiction.
lawful
measures

Duties Force.

of Police

35. The
for
:

shall be to take

(a) preserving the public peace (6) preventing

(c) regulating
and

detecting crimes
traffic

and

offences

the

removing {d) preserving order in public places and places of pubhc resort, for public amusein assemblies ments at public meetings and
;

obstructions

public upon therefrom ;

thoroughfares

and

for which

and

all extra
to

purpose constables such of

all members when

on

of the and

Police
have

Force free

admission

all

while

open

to any

duty places, meetings, the public ;

shall

assemblies

(e) assisting in

carrying out the Revenue, Conservancy, and Quarantine laws ; preserving

in
;

Excise,

Sanitary, ports
Port and

(/) assisting in
harbours therein

order and

in in

the

different
the

the

State

enforcing

Rules

POLICE

FOECE.

759 commitments,

(g) executing
and other

summonses,

process

issued

subpoenas, warrants, by Courts ;

and

(h) exhibiting informations (i) protecting unclaimed

thereof
;

conducting prosecutions ;
and

and

lost property

finding owners
at

in (j) assisting

the

protection of

life and

property

outbreaks

of fire ;

(k) protecting public property

(1) attending
the Criminal

from

loss and

or

injury ;
and

Courts the Civil

(when

by

the
;

Resident)

Courts

speciallyordered keeping order

therein

(w) escorting and {n) executing

on a

guarding prisoners;
other

such

duties

as

may

by

any

law

be

imposed

peace

officer.

REWARD 36. All pay

and

FUND. which shall be forfeited

sums

allowances

and

such for

Reward

Fund,

proportion as the Commissioner may extra or special services of members constables shall be paid into a fund to
Fund,"
Police

tliink fit of aU
of be

paid
or

the
in

Police
"

Force Police

extra

called the

Reward
with the
or

which

fund

shall

be

administered

accordance

Regulations. The specialservices of members

as

remainder
of the to been

of any sums PoHce Force and the in persons in such paid,

paid
extra

for extra
whose

constables
to

above

services

may such

be
sums

distributed
may

relation

have

proportions as

the

Commissioner

may

direct.

ASIATIC

POLICE

PENSIONS.
Asiatic
" ^^

37. (i) There

revenue

shall

be

of the
time to

Federated
time in to be

from

charged on and paid out of the general of money as Malay States such sums may of pensions, gratuities, or granted by way
with this Enactment

pensions.

other made Force

allowances,
thereunder
and to

accordance
Asiatics

who

have

been

members

rules or any of the Police

their

dependants.
Gazette make
Euies.

(ii)The (iii) Any

this

Chief

rules for the

by notification in the Secretary may of such and granting pensions,gratuities,

made
to

allowances.

rules

forfeiture, in events
Enactment
or

be

any
member

section provide for the may of specified, any pensions granted under rules made thereunder.

under

this

38.
have this

No
an

Asiatic

of the
a

PoHce

Force

or

dependant
allowance

shall

Pensions
^^ "

not

absolute
or

right to
any Hmit the

pension, gratuity,or
thereunder,
the Force

under

""

Enactment

rules made

herein
any

contained
member

right of
Pohce
or

Chief

Asiatic No

of the

shall anything nor Secretary to dismiss without compensation.

Pension
^ *

39.

pension, gratuity,
or or

Enactment

transferable
or

any hable

this granted under thereunder shall be assignable or rules made for levied upon to be attached, sequestered, or allowance

not '^"

to

in

respect of

any

debt

or

claim

whatsoever.

760
ESTATES 40.

No.

22
OF

OF

1920.
INTESTATES.
in any of the Federated under five hundred

Movable

(i) Whenever
States in

any

person

dies intestate
the

property of
under

Malay
may

leaving movable
taken

?500

dollars

value, which
the

property proi^erty is, in

of

therein

absence

of any

j)erson

te^d^by
Police Officer,

cliiefentitled
g^fe
to

thereto,

charge
Police
letters

by

the

policefor the
the taken

custody,
delivered

Chief

be

without
to be
as

order Officer may of administration

to the

of purpose said property

out to any of

person

claimmg

entitled
to the

Avholc

or

any

part thereof, if
and the

he shall be the evidence

satisfied the
he

title of the

claimant

value

claimant, or by provided that, in the event of any ated to be deteriorsuch property being of a perishablenature, and likely the its Police Officer order Chief in value by being kept, may sale with in the shall be dealt same sale, and the proceeds of such directed to be dealt with. the property is by this section as manner property by
as

affirmation

of the

such

other

may

require

The (ii) any may

Chief under

PoHce
the

Officer may, due

in

at his

discretion,before making
take such and

order
think

preceding sub-section,
for the this section
the

security as
distribution

he of the

proper

administration whole have

such from such

not

property.
any

Nothing
to

contained
or

shall affect

right of
the

person

recover

any

person

order.

Any

it may to whom property taken the

been

delivered

part of the same pursuant

this section

to

charge
one

of under
may

and the

claimed
Police

within
over

period
value and

of of

month,
that

be sold, and shall

the if at be into

proceeds
to the for the

if not

the

twenty-five dollars
over

Reward of the
o^vner

Fund,
State.

if

value

paid Treasury

service the

Provided

always,
shall claim

that

thereafter
same,

of such

property
on

appear

and Reward

time any claim the

to
or

restitution

shall be

made,

the

being
said

established Fund

the out

satisfaction of the

of the Resident,

out

of the

Treasury.
REGULATIONS with
to time think the such

POLICE
Police

AND

ORDERS.

41.
may

The

Commissioner from
"

Keguiations.

make

time

Regulations provisions of
Such
may

as

he may

a^jprovalof the Chief Secretary Police regulationsto be called expedient not inconsistent with the
'"

this Enactment. addition

to the

regulationsin provide for

powers

hereinbefore

conferred

(a) organization and

distribution

{b) appointments,
service
;

pay,

discharges,dismissals,and promotions
;

conditions

of

(c) classifications

and

discipline (cZ) ;
(e) instruction

the and

regulation and
examinations
;

carrying out

of

punishments

drill,exercises, (/) inspections, (g) leave

of absence
;

and

parades ;
and
accoutrements to

{h)

descriptions of provided
;

uniforms,

arms,

be

POLICE

FORCE.

761

(/) police
manner

services

and

duties

of

in which

they

shall be

description and every carried out ;

Fund
;

the

(/) administration
such (/.) other

of the
as or

Police may

Reward
be

matters abuse

necessary

and
for

preventing
PoHce for 42.
to

neglect
the

Force

efficient in the
may

of duty, discharge

expedient for rendering the

of its duties, and

carrying out
"

objects of this
make
"

Enactment. to time such

The

Commissioner
Police the

from he

time

orders
not

roUce

orders.

be

called

inconsistent administration Such

with

think may Enactment this of provisions

Orders

as

expedient,
or

the

PoUce internal

Regulations, relating
of the
may

to

matters

connected

with

the

Police
to

Force.

orders

relate

(a) Departmental finance

(6) Buildings,grounds, stores, furniture, and (c) Transfers

them
;

equipment
which be

of

pohce officers, the

the

reside, and

place particular services to

communication

at

they shall performed by

and

(d) The
(e) The

collection
;

and

of

mtelligence

information
manner

and
;

form

of

reports,correspondence, and
act

other

records

(/) The

performance of any the proper carrying out

other mider
law Enactment
or on or

which

may

be

necessary
or

for
any there-

of the

provisions of this

for the
the

rules or regulationsmade any efficient discharge of any duty Force.

imposed

by

Pohce

PROTECTION 43.
the

OF

PEACE
in the

OFFICERS. Civil Procedure

Notwithstanding anythmg
and
be allowances

Code,
or

1918,

Exemption

in

pay

of
be

subordinate
shaU

policeofficer
or

constable

pfJiess.''

shall not any

to be

hable of law

to
or

attached,
nor

seized,
of any
have

taken such

in execution

by
payment non-

process

otherwise,
an

any

person
reason or

be liable of for which

imprisoned

under

order
he

Court

by

he

may

debt which of any liable after the become

may commencement

incurred

of this Enactment. mstituted

of the
on

44.

(i) Except
of
a

in

the

case

of for the

proceedings
breach

the

Actions

and

complaint

pubHc

of this Enactment,

all suits

brought against any be done by him in

whether And under aU
suits this

of any provisions against peace prosecutionswhich may be lawfully officers. omitted to peace officer for anything done, or officer the execution of his duty as a peace
servant

and

Enactment

or

otherwise may

and

prosecutions which
acting
in such the

be

lawfully brought
officer in the this

against
Enactment

person any of the execution

or

aid

of any

peace

duty

of
;

peace

officer, whether

under

otherwise and for

And

all suits

lawfully brought

prosecutionsagainst any person which anything done under this Enactment

may
;

be

762
Shall be commenced

No.
within been

22

OF

1920.
months
not

three and

after

the

thing
thereof the such

plained com-

of shall have

done,
any at

otherwise. of the month such

suit
cause

(ii)Notice
be shaU

in the of

writing of
defendant such
or

suit

and
one

shall
mencement com-

given
be

to

least

before
no

suit, and

without
the

notice shall be

suit

brought
every

being brought
so

dismissed.

In (iii) the

suit

defendant

acted and

brought it mahciously
the
trial

shall be
and

expressly allegedthat
reasonable
or

without

probable cause, the such allegation, (iv) The

that
some

if at
suit

the

shall fail to plaintifE

prove

shall be

dismissed.
statement

defendant

in his written

shall set out

specially
or

he

was

acting
Enactment

under
or

the law

provisions of this
the

Enactment,
or

of
or

other

law, naming
under of the defence

section

sections,
to

otherwise
state

to the referring generally the nature

which

he he
the

was

acting,and
make
as

shall
at next

proposes

the

trial, but
stated

the

defendant

shall not from

at

trial,except

hereinafter
not

provided, be prevented
in his written statement. to

giving evidence
on

of matters

(v) If
matter set out

it shall

appear

the

Court

any

such

trial that

any

nature

havmg

proposed to be put in evidence for the defendant, and not or clearlyreferred to in his written statement, is of such a the plaintiff of the plaintiff not to embarrass as by reason had notice of knowing that the or knowledge or the means
intended trial and
as

defendant the such

terms

to

adduce the

such

evidence, the Court

to and

shall postpone
on

allow
seem

defendant

amend with
or

his statement without any

costs. suit

may

reasonable,
be
to to

(vi)Judgment anything done or

shall be made
the to any

shall not intended appear

given
be

for the
under that

in plaintiff this

for if it

done

Enactment,
acted
act in to

the

Court

the

defendant law

by
that

orders
or

of

behalf,

if the

Magistrate empowered by in good faith defendant acted

it be she^vn
or

power and without

to act, unless

that the

defendant

believing he had acted maliciously

which the
any

reasonable any
case

probable
the
amount

cause.

(vii)In
may

where
in the in

of

damages
or

Court
sum

think
or

proper the

cause

shall not
to time
more

exceed

in amount

tendered Court
not
or

offered

writing
at any any
sum

be

paid
before
than

by

defendant
for

sum paid into any the shall trial, plaintiff

have

judgment
into

that

tendered

or

offered
in the

paid
in

Court,

and

suit. offer costs

Provided

always writing, or payment

till the
the the time

shall pay to the defendant of any that in the event

into

his costs
sufficient

tender,
the shall be

Court,
the
costs

after suit
or

commenced

the

up discretion

of such Court

tender, offer
and defendant.
or

payment,

shall be in

of the

after such

time

payable by
(viii)If
suit, the
law in

to plaintiff suit is

the

dismissed,
to the

if the

withdraws plaintiff
his any

his
he

Court
the other

shall allow like

cases,

defendant

full costs, and defendant be

shall hav(!
in plaintiff

defendant

any unless

as remedy for the same and though judgment such suit plaintiff shall not

shall
have

has by given for the costs against the

be

the

Court

before the

whom

the

trial shall

had

shall

certifyits

approbation of

action.

763
POLICE FORCE.

Schedule.

ENACTMENTS

REPEALED.

ENACTMENT

NO.

25

OF

1920.

All

Enactment
to

to

consolidate and for

and

amend

the

law

relating

Minor

Offences

other

purposes.

L.

N.

GUILLEMARD,

[30th
Federal Council. 9th

October,

1920.

President

of the
enacted follows Enactment

November,

1920.]
States

It
in

is

hereby
as

by
:
"

the

Rulers

of

the

Federated

Malay

Council 1.

Short

title

and

(i)

This

commencement.

Enactment,
thereof
in

1920,"
the the the

and

may shall

be
come

cited
into

"

as

The
upon

Minor the

Offences

force

publication

Gazette.
commencement

Kepeal.

(ii) Upon

of this shall be

Enactment,
to the

the
extent

Enactments mentioned
in

specified
tlie third

in

schedule of such

column orders

repealed schedule ; provided

issued,
and

that

all and

rules, and
under
any

made,

licenses

fees which of
this the

appointments, charges fixed

in

Enactment

hereby
the not to

repealed
with

were

force

immediately
so

far

as

prior they are

be

to

commencement

Enactment

shall,
of
this

inconsistent have been

provisions
or

Enactment

deemed

made,

issued,

fixed

under

tliis Enactment,
Interpretation.

2.
"

(i) In
Horse Cattle PubUc
or
"

this

Enactment mules

unless and
cows,

the
asses.

context

otherwise

requires

"

includes
"

"

includes road square any

"

bulls,
includes
over

buUocks,

and

buffaloes.

"

every the
"

road,

street,
have all
it
a

bridge, right
in

passage,
way.

footway,
"In road
or

which road
ten

public
includes
of

of

near

public
within

places
wall

and

all from

places
and
are

yards
the

not
a

being
or

the public effectually otherwise.

"

separated

hidden
said to

from be
a

road
"

by
a or

(ii) Fireworks
let off
in
a

let

off

near

public
from
or

road the

when
or a

verandah
a near

beside

public
a

road,

doors

windows

of
or a

house
a

looking public
road. of

into
or

public
within

road,
the

place in adjoining
(iii)The
are

road

overlooking curtilage of a house

public

public
RULES 3.

open roads

verandahs for foot

houses

abuttmg

on

the

public

roads

passengers.

AND
The

ORDERS Police Officer

AS

TO from

ASSEMBLIES,
time to

ETC.

General for

rules

(i)

Chief of
the

may

time,

subject

to

assemblies,
etc.

the

processions,

approval

Resident,
conduct and the

maice of
issue
764

general

rules
and

(a) regulating

the

all assemblies of licenses

processions
same

in

public

roads

for

the

766
of fireworks other than

No.
bombs

25

OP

1920.
sand-crackers in

or

places
the

near

public
where,
off and

road.
Hcense hours

(ii)Every
and

issued between

under

this section
the to

shall state may be

place
or

which,
fireworks

fireworks be used.

fired

let

the

descriptionof authority
or so

No (iii)

to relieve any person or injury to person

from

pubUshed or license so issued shall be held in the event of any damage, loss, liabifity projDcrty being caused by the firmg or letting
near manner

off of such

fireworks. any
as

who lets off any fireworks, in or (iv) Any person times and places and in such road, except at such from
on

public

time

to

time, be
to
a

allowed

under

sub-section

shall, (i)shall be liable

from
in

conviction

fine not of any

exceeding twenty-five dollars.

house, from
contravention
or

(v) The
the

occupier

in

which,
of the

or

or

verandah
takes

of which,

place, shall
if another MATERIAL

any be liable to the who commits

fine

preceding prescribed as well

offence. FIREARMS

section subas

the

person,

person, OR PUBLIC

the

BURNING

DISCHARGING ROAD. burns

or

IN

5. Whoever
Penalty.

sets

fire to,

or

any

straw
or

offensively smelling combustible

any
near

neghgently
any
on

dangerous or wilfully discharges

or or

firearm any

air-gun,or sends public road, shall be

or

up

fire-balloon conviction

rocket,
to
a

in

or

liable

fine not

exceeding twenty

-five dollars. DANGEROUS ANIMALS.

Duty

of
as

police
to

officers animals.

dangerous

animal, duty of every police officer to secure any reasonably suspected to be mad or dangerous, and any wild animal, found circumstances of at large m or near any pubhc road, under the believe if is reasonable to to and there danger pubHc ; ground that such mad, dangerous, or wild animal be secured cannot any without risk of injury to the person officer of the police attempting it shall be lawful for such policeofficer to shoot, the same, to secure otherwise or destroy, such animal.
7. Whoever
without
a

6. It is the

Ferocious
or

dog dangerous
at

neghgently
or

suffers to be
other

at

large any
animal

ferocious
be

dog,
on

animal

large.

dangerous conviction to a fine not exceeding twenty dollars animal bitten shall have or attempted to bite any animal be destroyed by order of a Magistrate. may
any 8. Whoever
sets
on or

muzzle,

shall
;

liable

and,
person,

if the

such

Letting loose (log or other

animal.

urges any

any

dog
or

or

other

animal shall
be

to

attack,
on

worry,

or

put in fear
to
a

person

animal

liable

conviction

fine not

exceeding fiftydollars.
DOGS.

Orders

as

to of

9. (i)In any

State

Chief
to

Police

destruction

dogs.

from time Resident, may, Gazette, ap2)ointa period any

owners

Officer, with the sanction of the time, by order to be published in the

which
any

within

dogs

found

straying in
of the

public road, or beyond the enclosures of such dogs, may be destroyed.

of the

houses

MINOR

OFFENCES.

767
to

(ii) Any
limited
to At (iii)

such
any least notice

order
one or

may
more

either

apply
or

the

whole

State

or

be

district before the

districts.
of the period throughout the may direct.
Bog
running
et'^-

ten

days
be

commencement

appointed
area

shall

given
mamier

of the
as

said
the

order

affected

by it, in
be habit

such

Resident

10. any
or

If it shall

dog
cattle liable

is in the

be

and

such

proved to the satisfaction of a Magistrate that of running at persons, at carriages,horses, or of such passing along a public road, the owner dog shall conviction to a fine not on exceeding twenty-five dollars be order of the Magistrate. dog may destroyed by
NUISANCES.

*' persons,

11. liable

Whoever
on

commits
to
a

conviction

any fine

of
not the

the following offences shall exceeding twenty-five dollars

case

be
:

penalty
"u'^ance.

for

(i) Without
the

authority in
consent

of State
or or

property
in be to

or

without
case

of

the

owner

occupier
causes or

the

of
any

private property
advertisement
upon any marks or bill

affixes
or

affixed

notice

waU, or fence, building, such wall, building, any

in any

against or any paper writes defaces, or upon,

or

fence

with

chalk

or

paint (ii)Bathes

or

other himself

way.
or

thmg
any

animal, or person, in, upon, or by the side of stream, or public tank, well, reservoir, water-course,
or

washes
any

any

other

on

public
for

road

or

the

use

of which Police

bathing
a

has

been

forbidden

by

the

Chief

Officer. incommodes person

Obstructs or (iii) set apart

bathing
wilful
or near

at

any

as

bathing place by
or

intrusion

washing
in

any

any other

animal
way.

article at

such

place by place or
or a

(iv) Wilfully
nuisance
or

or

in any

indecently exposes by easing himself public place.

owner or

his
in
or

person
near

or

commits

any

public

road

(v) Being the

not,
way
as on

person

if such not
or

animal
to
near

charge of any animal in dies, dispose of its carcass

in

does such

be

common

nuisance. road any dead animal.

(vi) Places

any

public

(vii)Spits on the floor or walls of any school-house, theatre, ment market, public building, or place of public entertainor or

resort,

or

in any
car,
or

licensed, public, or hiringvehicle,

or on or jetty, or any wharf of a public road. on

in

any

railway
way

any

five-foot

side-walk

PIGS.

Malay village not being pig in any any Sanitary Board shall be liable on conviction to a fine of five dollars for every pig so kept and if after conviction he continues to keep a pig or pigs in such villagehe shall be liable further fine of five doUars for each to a day jjig for every the which offence continues. during
within the

12. Whoever

keeps
of
a

Keeping

pigs

limits

Vlii^ges.^

768
13.
The orders
or

No.
Chief for State Police
the

25

OF

1920.
he

Pigs rooting
may be killed.

give
road

kilUng
and shall

Officer may, whenever of pigs found

the
carcass

finds it necessary,
on

land

removed Provided
the un^il have

forthwith,
that the

be

buried

rooting of any pig so by the police.

any

public
not

killed, if
orders

Chief

Police

Officer shall not

issue

for
land

of killing
notice been

pigs found rooting on any public road or State in writing of the intention order to issue such posted up in such localityat least twenty-four

shall hours

beforehand. OFFENCES
Animals

RELATING

TO
owner

ANIMALS
or

AND

VEHICLES. of any
or

14. aUows

Whoever
such

being
animal

the

damaging

j)erson in
any

property.

conviction hable fine on public or a not exceeding twenty-five dollars in respect of each animal, and all damage done shall be assessed by the Magistrate, by such animal and shall be recoverable in the manner provided by law for the of fuies before Magistrates together with any amounts to recovery be

stray upon private property shall be

to

charge public road

animal
any

upon to

levied In the

as

fines,from
of be

the

owner

of the

animal.

case

recovered
Penalty.

shaU

of damages damage to private property the amount paid to such person as the Magistrate may direct. commits
to
a

15. liable

Whoever
on

conviction
or

of any fine not

any such

the following offences shall exceeding twenty-five dollars in any

at

be
:

(1) Trains

breaks

horse PoHce

public
such

road
as

or

public
may be

place except in allowed by the

places and

times

Chief

Officer.
or

(2) Leads or drives any horse, cattle,sheep, goat, not to have as public road in such a manner
the
same or

pig on danger public

or

any
over or

control

in
to
or

such

manner

as

to

cause

obstruction

the

public.
of
any the

(3) Drives,
without

rides,

leads

elephant
Chief

on

any

road
an

permission
or

Police

Officer

of

officer authorized

in that

behalf animal any

or so

by

the Chief

Police

Officer,

(4) Leads, drives,

drives any
or

rides any upon animal

manner

vehicle

or draws, pushes, rides, or public footway.

(5) Drives

any want a

rides any vehicle in a of due

draws, pushes, rides, or

rash

drives

regard

for the horse

the
same

negligent as safety of others.

or

to indicate

(6) Being in charge of any or public place leaves

to

or

cattle
at
or

in
a

such

public road any distance not as asleep while

so

have

it under

due

control

is found

in

charge.
or

(7) Causes
or

allows
or

of

goods
or as

any vehicle for the conveyance with other articles whether

to rest be in any

of persons
or

without in such

horses

cattle

road, except pul)lic

places
law

may in force for

under appointed for the purpose any the time being, for a longer time than is to

absolutely necessary
or

take any

up

or or

set

down

to

load

or

unload

goods

other

any persons to articles or

collect

hire.

MINOR

OFFENCES.

769
show,
hire,
or or

{S) Exposes
horse dresses
or cases

in
or

any

public
animal
or

road
or

for
any animal

sale
cleans

any
or

other
horse
or

vehicle
or

any

other any

cleans

an}'

vehicle
in

makes

repairs
where
as

part
on rejiair

of

of accident
a manner

any the

vehicle, except in

spot

such

to

interfere

with

the
or

is necessary, traffic. the

or

(9) (10)

Drives
or near

in

any side is in

public road
of the

horse any vehicle drawn of any vehicle to which or view

so

by
the

from pony such horse

left

pony.

Drives

or

charge
affixed from

plate number
which article is hidden

in any public road, the number marked on his

either the

with said

body

or

by

any

whatsoever

that

number

cannot

be

seen. distinctly

OTHER 16.
liable Whoever
on

OFFENCES.
of
not

commits to
a

conviction any

any fine
on

shall following offences exceeding twenty-five dollars

the

be
: an

Penalty,

(1) Lays
less

article

any
or so

public
as

road
make

so

as use

to

cause

obstruction

thereto

to

the

of the

road

convenient.
to
remam on

(2)

Allows fallen

from any

any

any vehicle

public road
of which
he

article which any in is charge.

a on

has

(3) Disobeys
uniform

lawful in

engaged
or

order given by regulating traffic

or

police officer a public road.

to

in

(4)

Causes

allows
or

goods
other such

other
a

articles

rest
or

public footway
causes or

part of

public road
other the passage

on any otherwise

allows
or

goods

or

articles

to

create

obstruction

inconvenience

to

of the

public
for

for

longer time than ma}' be absolutely necessary loading or unloading such goods or other articles.
a

(5) Without
any

the

j^ost or
kite
or

authority of other thing

or

the
on

Chief
the side

Police of any

Officer puts up public road.

^6) Flies any

obstructs
or

plays

at

interferes

does act which or any any game the traffic in any with public road,
or

the

wires

of any

telephone

telegraph.

(7) Uses
or

indecent, threatening,abusive, or msulting words any behaves in a threatening or insulting or manner posts
or

up
or

affixes

or

exhibits

any

indecent, threatening, abusive,

or or

insulting Avritten
be

jDrovoke a breach is likelyto peace

(8) Except
for Avith the

paper of the peace

drawmg whereby

with
a

intent

to

breach

of the

occasioned.
the

permission of
in
or or

Sanitary Board,

exposes

sale, or sets out board, cask, basket,

as

upon otherwise

so

to

cause use

obstruction of any

make

the

in any public road less convenient. in

stall, booth, showany article whatsoever, any public road, or so as to

of in the the that limits

(9)

Without Officer

the
or

permission
any officer

writing
AAithin

Chief behalf of any

Police

of

authorized

by

the

Chief
ru"

Police

Ofiicer, beats

town

49

770
or

No.

25
the

OF

1920.
of 12

of the
or

villagebetween next day or

or or

hours

midnight

and
a

a.m^
drum

tom-tom brass

in any public road at any hour blows horn or a trumpet or beats or

sounds

any

other such

metal

instrument in

or

utensil.

Notwithstanding permission writing shall have been of officer under the rank not Inspector may, on the^ given any police that the noise such instrument of of householder a complaint any is dangerous to any sick person the where such near living place noise sufficient is being made enter for other good and or reason, the premises where the noise is being made, and after warning upon the removal the the the" of either instruments same or stop by the of assembled there. dispersal persons
that This section shall not
be

held

to

apply

to

military music.

RIVERS
Obstructions rivers and in

AND
moor or

WATERWAYS. leave
any

17.

No

person

shall

boat, vessel, raft, landmg

waterways.

buoy, or other object in any public have a right of navigation in such such right or to cause to interfere with a manner as injury inconvenience to any or using such river or Avaterway or person livingon the banks thereof. Any person causing such interference, such who or inconvenience, injury, neglects or refuses to remove boat aforesaid do to or as on so thing immediately being required officer shall be other authorized liable a or by police duly person, conviction to a fine not on exceeding twenty-five dollars and such boat be removed or thing may by a police officer or other duly plank mark,
the in which

stage, bath-house, river or waterway

timber

authorized
recoverable in

person,
in the
same same.

and

the
manner

expense
as a

of

such

removal
the
owner

shall
or

be

fine from

person

charge
18.

of the

Neglecting

to

Whenever
with the
owner

report accident to registered

boat.

attended

accident any the loss of the

or

shall
life

occur

to

of,

or

serious

registered boat, injury to, any

shall in

person,

person at
on

in
a

report the

circumstances liable

charge of the police station,

to
a

boat
and fine

forthwith of
so

default

doing he shall be twenty-five dollars.

conviction

not

exceeding

MILITARY,
Uolavr/ul

POLICE,

AND

MARINE.

possession of military, marine, or police stores.

knowingly detains, buys, exchanges, or receives from board Government on vessel, or from serving any any person any member of any in or regiment or military organization formed of the serving in the Federated Malay States or from any member Force Pohce ammunition, accoutrements, clothing, or arms, any other stores or or necessaries, or military or marine police any other the who shall have in his to Government, or belonging property shall fail articles or property and possession or keeping any such how shall be liable to account he came satisfactorily by the same, conviction fine not to on a exceeding twenty-five dollars, or to not imprisonment of either description for a term exceeding six both weeks fine and to such conviction and or on imprisonment
the

19.

Whoever

property may

be forfeited.

MINOR

OFFENCES.

771

20.

Whoever
room,
or or

takes

or

attempts
or

guard
station
or

encampment,
or

to take, into any nulitarv barrack, TakiD? sr^if'". into police barrack, police barracks' any
ami

lock-up
or

into

any

public hospital or asylum

any
or

station", spiritsI'o'J^'?

spirituous
or

fermented chandu,

tions,
without

any the

Hquors, or intoxicatmg drugs opium dross, or any preparation

of the

prepara-

asyfuin.'

^^

permission

Officer or of the person the public hospital or to a fine not asylum respectively shall be liable on conviction exceeding fiftydollars or to imprisonment of either descriptionfor and not exceeding three such term conviction a months, on liquors, drugs, or preparations, and the vessels containing the same may Police
be

Commanding in charge of

Otticer

or

of the

of opium, Chief

forfeited. 21.

for the

other or keeper or person m charge of any tavern place r'oiice of intoxicatingliquors or drugs who shall permit any driaang^ ^^ on duty to drink or use any intoxicatingliquors i"''*"^" police constable or drugs, or to remain, loiter, or conceal himself, except for purposes connected with the execution of his dut}^ in any such tavern or shall be liable thereto, place, or upon on premises belonging any conviction to a fine not exceeding fiftydollars.

Any

sale

VAGRANTS. 22.
or

(i) Every
or or

person

wandering
the

abroad

and
in the
or

lodging
owner

any

shed
or

out-house
deserted
or

without under visible

;

permission
cart

of the

thereof,
or

in

vagrants. ''^sgars,

etc

any
a

unoccupied building,or
any
means

tent,

in

not

having
(ii)Every

any

or wagon, of subsistence

air, open other similar

not

under

shelter,
a

and

giving

good

account

of himself
person

begging for alms,

sores,

and

every

person

endeavourmg
to

by
alms

the
;

exposure

of wounds,

diseases, or
under

deformities

obtain

(iii) Every person pretence to procure (iv) Every person

endeavourmg
charitable

any

false

or

fraudulent
or

contributions
abroad

of any

nature and

Idnd sunrise

found
or

between
any such

sunset

having
crow,

in

his

custody
or excuse

possession
such shall be
on

picklock, skeleton
without lawful
or

key,
excuse

jack, bit,
any gun,

other

imjjlement

(the proof of which

with weapon
on

person)
or

being

armed

sword, pistol,
lawful
;
excuse

spear,

kris, bludgeon,
of which

other
excuse

offensive shall be

without

(the proof
cases,

such

person)
each

Shall, in

of

the

above

be

liable

on

conviction

to

descriptionfor a period not exceedmg two months to a fine not or exceeding twenty-five dollars, or to both and such second fine and on imprisonment a or viction subsequent coneither to of for term not a imprisonment description four fine not to months, or a exceeding exceeding fiftydollars, or such to both imprisonment and fine and, on conviction, any such be forfeited. implements or arms may imprisonment
HOTELS,
23.

of either

TAVERNS,
or

ETC.
Disorder)^

permitting to be kept any hotel. ale-house, coffee-house, boardmg-house. or other tavern, place of entertainment resort who or knowingly permits drunkenness public Any
person

keepmg

boteisftaTe
^^'^

772
other

No.

25

OF

1920.
house
or

or

disorderly behaviour
therein persons shall be liable

in such

place
a

or

knowingly
to
meet

permits prostitutes or
or one

of
on

notoriously bad
conviction to

character
fine not

remain hundred

exceeding

dollars. POUNDS.
be

PUBLIC
Impounding
stray
animals. o"

24.

(i) Public
at

appointed
be the lawful

such the

pounds shall places as the

Resident from of fees

provided
may to

and

pound-keepers
it shall in
rates

Resident time for

direct, and

for

time,

by

notification and

Gazette, to fix tables

of
the

charges pound.
(ii)It

for

feeding

them

impounding animals during the time they are duty

detained

in

be lawful for all persons, and it is the all seize officers, to horses, cattle, goats, sheep, and upon any public road and such to confine
or on tresjiassing

shall

of all

police
ing stray-

pigs found

any public or private property public pound, and if such animals shall not be respectively of the same redeemed by the owners within the poundten days after being so to impounded by paying the the in the time at rates fees force for gether being topound keeper with the the while of same impounded feeding expenses according to the rate to be from time to time fixed by the Resident, animals such so impounded shall be sold by public auction by order after of the the of such Chief Police Officer, and sale, proceeds and the the said and fees thereof, deducting paying expenses expenses of feeding,shall be paid to the owner in default of the animal, and within three after months such sale, it of the same being claimed the the and him into shall be retained Chief Police Officer by paid by the of district. Treasury animals in any

(iii) Every
without liable
on

the

taking knowledge and

person to
a

animal of a public pound out any of tile pound-keeper shall be consent

not

conviction

fine

exceeding twenty-five dollars.

be

within

(iv) Every pound-keeper the meaning of the

OTHER 25. Whoever
or

shall Penal

deemed

to

be

public servant

Code.

OFFENCES.
causes

Corpses

and

deposits
in of

or

to

be
or

deposited
in anj'
on

any

dying
to

dying

persons.

person without
a

any corpse the consent

any the

public place
owner

private place
conviction

shall

be

liable

fine

not of

to
Drunkenness and

both 26.

and exceeding two hundred either description for a term fine and such imprisonment.
is found

ment fiftydollars or to imprisonor not exceeding six months

Whoever
or

drunk

disorderly
in

conduct

himself,
in any

is

guiltyof any
or

riotous,

public place.

public road
or

resort,
office

in any in the or

of incapable of taking care behaviour indecent disorderly,or tainment public place, or place of public enterand

immediate shall

vicinity of
be

any

court,
conviction

or

of any
to
a

fine

either
w iifui trespass. or

on or public not exceeding twenty-five dollars, or to imprisonment descriptionfor a term not exceeding fourteen daJ^s.

police station,

liable

of

27.
upon

Whocvcr,
any

without satisfactor}^ excuse, dwelling-house or premises, or

wilfullytrespasses
upon any land attached

in

774
^eesfor
37.
The Resident may,

No.
with the

25

OF

1920.
of
the

approval
in issued to time the

Chief
fix

Secretary
the fees which

to

Government
may may
Provisions
^ ^' as

by
for

notification license time

Gazette, under cancel

this
or

be in

charged
like
manner

any

Enactment,
vary the
same.

and

from

to

38. (i) No action shaU be for brought against any person anybona be done in the to exercise fide intended or thing done or of the powers or supposed exercise given by this Enactment by any
rules made thereunder
:

(a)

without in

giving to writing of the

the of the

such

person

one

month's
and

previous
cause

notice
;

intended of
three

action,
months
;

of the from

thereof date of the

(b)

after

expiration
cause

the

accrual

of action amends.

(c) after
(ii) In
the

tender

of sufficient
so

every

defendant
or

reasonable
fail to

prove

expressly alleged that negligently and without shall and if, at the trial, the plaintifl: probable cause, such be given for the shall allegation judgment
action acted either

brought it shall maliciously or

be

defendant.

(in) Though
such
unless

action, such
the

shall judgment shall plaintiff before

action.

be
not

given
have
action

for

costs is

Court of the

which

the

the plaintiff in any against the defendant tried shall certify its

approbation

"

Schedule, REPEALED.

ENACTMENTS

ENACTMENT

NO.

27

OF

1920.

An

Enactment and in-aid

of

to

provide

for

the

Registration
teachers and

of for

Schools

their in

managers certain schools,

and

grants-

L.

N.

GuiLLEMARD, of the
Federal Council.

[14th
16th

December,
December,

1920.

President

1920.]
States

It in

is

hereby
as

enacted follows

by
:
"

the

Rulers

of

the

Federated

Malay

Council 1. This

Enactment

may

be and

cited shall

as come

"The
mto

Registration
force
on

of the

short

title

and

Schools

Enactment,
thereof Enactment
context
"

1920,"
in the

commencement.

publication
2. In
this
or

Gazette.
there is

unless

something

repugnant

in

the

interpretation,

subject
"

Assistant

Director under Section

"

"

means

an

Assistant Enactment.

Director

of

Education

appointed
"

of

this

Chief
the

Secretary

means

the

Chief

Secretary

to

the

Government

of
"

Federated of
the

Malay

States.
"

Committee

Management
of
any

means

the
other

person than

or a

persons Government

who

administer School.
''

revenues

school

Director
3

"

means

the

Director

of

Education

appointed
the

under

Section
"

of

this

Enactment.
"

Existing
of

School
this
"

means

any

school

existence

at

mencement com-

Enactment.
an

"

Inspector
under
"

means

Inspector
of
this

of

Schools

for

any

State

appointed
"

Section
means

3
any

Enactment.

Manager
a

person

taking
of

jDart in
no

the

management
manager the
can

of
be

school. found
in

In any
or or

the

case

of

school

which

such
then the
as

of

the

Federated be
case more

Malay
than
one

States
master
master

master

of of
may

the the

school
school

if there in be any

head-master
the

of
to
a

doubt
be the

such

Director

specify
"Medical

shall

deemed
means

manager. Officer

Officer"
of this
"

Medical

appointed

under

Section
"

Enactment.
means a

New

School Enactment.
"

school

started

after

the

commencement

of
"

this

Register
of entered

means

the
16 such

Register
of
this

of

Schools
and

kept
"

under

the
"

provisions
means

Section
upon

Enactment

Registered
an

Register

by

the

Director

or

Assistant

Director.
775

776
"

No.

27

OF

1920.
school

with
"

Registered School the provisions of

School
"

"

means

registered in
or or more more

accordance

this

Enactment. fifteen in
one

means

place where
whether the

persons

are

being
shall

or

are

habitually taught
include

classes, but
of
a

not

places
"

where

teaching

is

solely

religious
or

character.
"

Teacher

means

or by the manager pupils in a school

by
and

employed by the Government person the Committee of Management to teach

includes
in may and the

the

head-master
Appointment
of officers.

or

the

master

charge

manager of the

if the school.

manager

is the

3. The think

Chief

Secretary
Du'ector

appoint
Medical

such

persons

as

fit to be

of Education,
Enactment. and every

Assistant

Directors

he may of tion, Educa-

Inspectors
the
Schools must be

of Schools,

Officers

for respectively,

purposes

of this

4. Every under
the

existing school

new

school

shall be

registered

registered. Penalty for uuregistered

schools.

provisions of
person
an one

this acts

Enactment.
as

5. (i) Any
shall be

who

guilty of

offence hundred
to
a

and

manager shall be

of

an

unregistered school
on

liable

conviction
case

to

fine not
or

exceeding subsequent conviction

of
an

dollars, and
fine not

in the

of

second dollars.

exceeding five
or a

hundred

the complaint Inspector, and Magistrate of the First

(ii)On

of the
on

Director
that order he

of

an

Assistant
is

Director

or

proof
may
as

school
such deem

unregistered,a
to be

Class
order

school fit.

closed

or

may

make

such

other

may

PART REGISTRATION
When

II. OF SCHOOLS.
from for
or

6. After
of this

the

expiration of
it shall any
new

six be

months lawful

the

commencement

registration
necessary.

Enactment

not

teach

in,

or

maintain any

existingschool
school in the

to manage, any person teach to open, manage,

in,

or a

maintain

Federated

Malay
shall have

States been

until

certificate
in the

of

obtained
Forms for of

manner

registrationof such school hereinafter provided.

a

7.

Applications
6 shaU in 1 and in the

for the
case

certificate
case

application

Section Form

registration.

of
a new

an

registrationreferred to existing school be in terms

of
in terms

in

of

of

school

of Form

2 of the

Schedule
Certificate of

hereto.
the

registration and appeal

agaiiist refusal.

application for the registrationof any school thereof a registerit and issue to the manager certificate of registration in Form 3 of the Schedule hereto, provided that the Director school refuse to register if in his opinion may any the premises appear be of such refusal to insanitary,and in case him shall so inform the manager in writing, and shall also inform in writing that he has the right of appeal to the Chief Secretary.
(i) Upon
the

8.

Director

shall

(ii)If the
to the

manager

shall not
or

within

period
the

of

one

month

appeal
the become

Chief

Secretary
Director

if

on

decision
an

of the

shall

be

appeal to upheld, such

Chief school

Secretary
shall

unregistered school.

REGISTRATION

OF

SCHOOLS.

777

PART REGISTRATION 9. (i) After of this

as a

III.

OF
the

MANAGERS
six months manage

AND from
any

TEACHERS.
the commencement
or

expiration of
no

Registration

Enactment

person

shall

school

hold

office

of and

managers teachers.

member in

of the

Committee

teach
case

of
the

school miless any until he teacher

in

manner

hereinafter

school, or Management duly registered and in the has obtamed certificate of registration a provided.
he has been
a

of

of any

(ii)The
of the
of the

a application for registration or b}'^ manager of Management shall be in the terms Committee

member
4

of Form

Schedule

hereto.
a

The (iii) shall

for ai^plication
terms

be in the

of Form

certificate of registration by 5 of the Schedule hereto.

a

teacher

(iv) The
terms

certificate
6 of who

of
the

registrationof
Schedule
any
not

teacher

shall

be

in

the

of Form
person

hereto.
of the

(v) Any section,

and and shall
or

contravenes

provisions of

this

information

supplies falsely or required by this

on

does
section to
a

be liable

conviction and not in the

fifty dollars,
to
a

case

suppl}- in full any of the shall be guilty of an offence fine not exceeding tAvo hundred of a second or subsequent
dollars.

conviction

fine

exceeding

five hundred

PART CONTROL AND

be

IV. OF SCHOOLS.
Inspection
Schools. of

SUPERVISION

the duty of the Director to inspect personally Director or inspected by an Assistant Inspector in every at least once registeredschool for the purjDose year every of ascertaining if all the provisions of this Enactment of any or hereunder are regulationsmade being complied with.
or cause

10. It shall
to

be

11.
the

For
or

the

purpose

of carrying out Director

the

provisions of
it shall be to

this

ment Enactfor any

of any Director or
at any

regulations made

hereunder
or

lawful
enter

Entry for inspection.

school

Assistant any reasonable time.

Inspector

12.

If it shall
or

Enactment

complied
to the with school
one

with

that to the Director provision of this appear any of any hereunder been has not regulation made in any notice in registeredschool he may by writing

Conduct School

of

against regulations.

manager such any before

as

of such
the may

school

call

regulation which expiration

be stated of

such to upon manager is not with being complied such

comply
at

such than

month
the

in such
so

notice

period by
such in such

not

being

less

the

Director has

and

if

at

expiration of the
with the to any for

period

stated

to

comply pending
13.

lawful
is shall

requisition made if no Director appeal as

strike be such school to is be
an

manager notice under

failed
be 13

it shall

off

forthwith

deemed

provided registerand unregistered school.

the with may any

Section
such

school

Any

Director

who person made under this whose

dissatisfied
Enactment

decision
to

of the

the

Appeal
decision Director.

against
of

appeal
shaU

Chief

Secretary

ruling upon

such

matter

be final,provided

778
that from
Eight
to

No.
any the

27
be

OF

1920.
in

such
date

appeal
of the notice

shall

notified

writing within
decision under
note to

one

month Director.
12
or

communication

of the

of the

of

appeal

14.
the

Every

given by
of the
any the

the

Director
a a

Section
the

be

mentioned

ill notice.

sub-section
manager

of Section (ii)
or

18 shall contain school

has

effect that
to the
one

teacher

right of appeal
Director
within

Chief
month
Contents of and of

Secretary
from The the

from

decision notice.

of

the

receipt of
of

15.

grounds
to at the the

appeal
notice

writmg an.d fourteen

be be

appeal shall be concisely stated in every of the hearing of the appeal shall notice days"
if he
so

liearius?.

given
present

thereof

either in

appellant. The appellant may, hearing of such appeal and be or by his advocate. person
PART GENERAL. V.

heard

in

desires, support

Kegister
Schools

of to be

16. State
the
name

The
a

Director
or

or

an

Assistant

Director
in the member

shall

keep
of the

in

each

kept.

Register
of every

Registers of Schools registeredschool,

the the
names

which
name

shall be of the of

entered manager

and the

of the of

school, and
of

of each

Committee
the

Management employed in the

as

school, and
and to such time be

names

teachers with thereof

school,
time

particularsm

connection

may

from the

out carrj'ing
Change
manager, Committee in of to or

provisions of this
the

prescribed for the Enactment.

to

purposes

17.
an

It shall be Assistant who

duty

of the manager

report
manager

to
or

the Director Committee and

any

Director
or

any

change
in
any

in the

Management,
and be teachers

of

Management place
to

teachers

registered school,

reported.

manager its taking

on

fails to

month one report such change within offence and shall be shall be guilty of an

from liable

conviction

fine not

exceeding
the

twenty -five dollars.

Power Chief
to

of the

Secretary
Schools

declare

certain unlawful.

Secretary that any school doctrines disseminating political the of States interests the of Federated detrimental to or Malay the public it shall be lawful for the Chief Secretary to declare such that before unlawful school : Provided school to be an making the the shall Chief afford such declaration an Secretary manager be should not why such declaration opportunity of shewing cause
to (i)If it shall appear is being used for the purj30se

18.

Chief

of

made.
to the prejudicial public or of the sh.ould be employed a as pupils of any school that any person in such school, it shall be lawful for the Director teacher by notice the in writing to cancel certificate of registrationissued to such

(ii)If

it shall appear

to

the

Director

that
or

it is

interests

of the

Federated

Malay

States

of the

teacher

under

Section

9.
as an

(iii) Any
Committee
shall
a

of or acts who as manager person of Management in of or as teacher

shall be

member unlawful
on

of the school
to

be
not

fine

guilty of an offence, and exceeding five hundred

upon

liable

conviction

dollars.

Qrant^-in-aid.

19. schools

Grants-in-aid
and

may such

be
terms

made and

by
in

the

Chief

Secretary
as

to

such be

such this

amounts Enactment.

may

prescribed by regulations made

under

REGISTRATION

OF

SCHOOLS.

779

Chief make 20. Tlie Secretary may regulations generally for and without prejudice carrying out the provisionsof this Enactment make for to such : general power regulationsproviding may

Regulations.

(a)

the
or

hygienic character buildings ;

methods of

and

the

proper

sanitation

of schools

(b) the
(c) the (d) (e)
the the

enforcing discipline ;
the
;
use

prohibition of
proper

of any

book,

the

use

of

which

appears

undesirable

keeping

of school

registers and
schools of

books
;

of account

medical

inspection of
and
19
;

pupils in

(/) the
and force 21. of
an

distribution

management

grants-in-aid under
shall have
the

Section
such

regulations when
shall

published
commit this

in

the

Gazette

of law. who Any person regulation made

and liable
"

any offence

under
on

breach any Enactment

to
a

of the
shall
not

conviction

fine

provisions Penalty for guilty of rl^iations. exceeding one

be

hundred

dollars.

Schedule. FORM
1.

10...
,

To

the

Director

(or Assistant
State

Director) of Education.
of
as particulars

Sir,
"

I have I
am

the

honour

to submit

under the

of

school

of

wliich

the
at

manager

(or
and
to
an

member

of
to

Committee
a

of
"

Management)
of

as registrationfor the same Registration of Schools Enactment,

request you existing school

1920." Sir,
Your

issue

certificate
The

under

I am.

obedient

Servant,

3Ianager,
or

Member

of

Committee

of Management.

1. Name
2. 3. 4. 5. 6. 7. 8. 9. 10. teacher.

and
and

address
address

of

school.
manager both.

Name Whether
The The The The The The The

of the

of the

school.

for

or boys, girls,

dimensions average

of each attendance each

Class-room.
for the
or

past
Class

two

months.

syllabus of weekly
times

Class

Standard.
or

time-table

of each

Standard.

of roll-call.

regular holidays.
name,

age,

quaUfications, experience,and

salary of

each

780
11. The
names

No.
and

27

OF

1920.
office held

addresses

of and

by

each

member

of the
12. 13.

Committee The fees and

other

of Management.
any

remissions of
revenue

or

reductions

therefrom.

Any

sources

"

(a) from (6) from

(c) from
14. 15.

Invested Public Private

rent

Funds

or

Landed

Property

Subscriptions ; Subscriptions.
school
on

The

of the
or

premises.
the school.

Any

debt

charge

FORM

2.

19...
,

To

the

Director

(or Assistant
State of

Director) of

Education.

Sir,
"

I have it is

the

honour
to

to

submit
at

as particulars

under
to
"

of

school you to

which issue
a

proposed

certificate

of Schools

open of registration of the 1920." Enactment,

I am, Your

and
same

request
The

under

tration Regis-

Sir,
obedient

Servant,

Manager,
or

Member

of

Committee

of Management.

1. Name 2.

and and

address address for

of school. of the
manager

Name

of the

school.

.3. Whether 4.
i)..

or boys, girls,

both.

The The

dimensions

of each each

Class-room.
or

syllabus of weekly
times

Class

Standard. Class
or

6. 7. 8. 9.

The
The The The

time-table

of each

Standard.

of roll-call.

regular holidays.
name,

age,

qualifications, experience,and
addresses of and office held

salary of
each

each

teacher.
10. of the 11. 12.

The

names

and

by

member

Committee The fees and other

of

Management.
any remissions
or

reductions

therefrom.

Any

sources

of Funds

revenue

"

(a) from

Invested PubHc

or

Landed

Property

{h) from
(c) from
13. 14.

Subscriptions; Subscriptions.
school
on

Private
rent

The

of the
or

premises.
the

Any

debt

charge

school.

ENACTMENT

NO.

31

OF

1920.

An

Enactment
to

to

consolidate Duties.

and

amend

the

law

relating

Customs

L.

N.

GriLLEMARD, of the
enacted
as

[14th December,
Federal Council.
1st

1920.

President

January,

1921.]
States

It in
Phoit

is

hereby

by
:
"

the

Rulers

of

the

Federated

Malay

Council 1.

follows
Enactment

title,

(i)

This

may

be
come

cited into force

"

as on

The

Customs first

commencement,
and

Enactment,

1920,"
1921.

and

shall

the

day

of

repeal.

January,
(ii) Upon
Enactments

commg mentioned Customs duties

the

mto in

force first

of

this

Enactment be

the

the

schedule
and all of not

shall

repealed.
and

(iii) All

imposed,
the

rules,
an}'

notifications,
of the
Enactments with

made, appointments hereby repealed shall,

under
so

provisions
as

far

they

are

inconsistent

the in

provisions
force,
be Enactment.
Interpretation.

of

this

or

of
to

any

other been

Enactment

for
and

the

time

being

deemed

liave

imposed

made

under

this

2.

In

this
or

Enactment
context
"

unless

there

is

something
*

repugnant

in

the

subject
"

Chief

Secretary Malay

"

means

the

Chief

Secretary

to

Government,

Federated
*'

States. of Customs Gazette

in
"

Supervisor
in

means

any behalf.

officer

appointed

by

notification
""

the

such
"

Principal
Assistant

Officer

of Customs of
in

means

the and is
no

Supervisor
his absence

of Customs
from
or

or

Supervisor
in

Customs,
which there
the

in

any

district

and

districts Customs

Supervisor
Officer

Assistant Assistant

Supervisor
District
""

of

includes

District

and

Officer. Officer fulfihuent Commissioner

mean

Proper
in the

of

Customs
of the

"

means

any this

officer Enactment

of

Customs

acting
to
"

duties of Trade

under
and

assigned

him

by

the
"

Customs.

Goods
the

any

animal

or

thing

imported

into

or

exported

from 3.
Commissioner and

Federated Chief

Malay

States.
may and may

(i) The
"

Secretary
of Trade and of Chief

appoint
Customs,"'
also and

an

officer hereinafter officers

"

to

be

styled
to

Deputy
be the

the
"

Commissioner the

referred
to be

Commissioners to

appointed
Chief

as
"

Commissioner,"
Commissioners
as

appoint
Customs
may

styled

by

Secretary.

Deputy
duties

Trade

who,
may
on

such

limitations

the

Secretary
all
782

prescribe,
conferred

subject to perform
the

all

imposed

and

exercise

powers

Com-

CUSTOMS.

783
every

missioner
be

by
to

this have

Enactment been

and

duty
for

so

performed
purpose

shall

deemed

duly performed
with

the

of this

Enactment.

(ii)The
may

Commissioner
such and other

the

approval
as

of the be

appoint

officers of the

may such

management
of all duties
as

collection

Customs,
on

Secretary .Appointmeut of for the officers!^ necessary and the performance

and

Chief

connected

therewith,
may hereafter and

salaries of

allowances
now

may

be
or

determined,
who such shall

require
be

employed
the necessary.

Customs,

securities

for his

employed good conduct

Chief

every person in the service

as

of

he

shall

deem

The (iii) shall

matters have

Commissioner
the

shall

be

the

Officer of Customs

and of all

States 4.
in the

general superintendence relating to Customs throughout and control subject to the direction
Chief

and
the

management
Federated

of the
to time and

Chief

Malay Secretary.
Ports of

(i) The
Gazette the

Secretary may
ports import
and which
or

from

time

by
be

notification
respec-

import

fix the

tivelyand
for the

places at
of

places of import stations collecting

export
duties.

export

^'"^ ttoes^of"" business.

shall

established

collection

(ii)The
may times

Commissioner
time
to

from

time any

during
(i) The
Gazette and

which

with the approval of the Chief Secretary in the Gazette fix the days and by notification be open for business. station collecting may from time to time
to

5.
in the

Chief

Secretary may
amount

by notification
be

Customs

duties,

fix the

of Customs
cancel may

duties such

levied
and time

on

any

goods
new

duties

from time to time may and in the stead thereof

duties time to

from

impose exempt
warehouse

any

goods
(ii) The

from Chief

the

payment
may
amount

of duties.
from
to

Secretary

time

to

time

by

notification
rent
on

in the

Gazette

fix the

be

paid

as

warehouse

any

goods deposited in any to the custody as

6. The
at any within

Customs and

warehouse

and of any

may

make
so

withdrawal

goods

tions reguladeposited. arriving customs officer remain board^vwsei. to

on

port
the of

proper and limits

officer

of Customs
on

freelystay
of such

board
officer

board may while such

if the
master

vessel any vessel shall of any

port, and

vessel

board
to under
not

which

provide
the

Customs any such officer with for his bed

one or

is stationed
room or

neglect or
be liable
to

refuse

sufficient hammock

accommodation
a

deck

he

shall

fine

exceeding
7. The of

hundred

dollars.
Power to seal up.

part
to

entrances

lock

shall have free access officer of Customs to every proper the M-ith down fasten to vessel, hatchways or power to t^e hold, and to mark goods before landing and any board otherwise mark, seal, or secure goods on up, any
;

goods^and^to
open

locks.

such be such

vessel locked

and the

if any

place, box,
be

or

chest such

on

board may

such

vessel

and

keys
chest

withheld,
best
on

officer in such

any be forfeited

place, box, or goods be found

;

in the

manner

his

concealed if any

board

any

open any if and power, shall vessel they

and

officer shall and such

place any

goods on board, any upon due before wilfullyopened, altered, or broken delivery of such if if the such be or goods, or goods secretlyconveyed a^ay, any after down been entrances fastened by the hatchways or having

lock, mark, or seal lock, mark, or seal shall be

784
officer be

No.

31

OF

1920.
vessel hundred shall be liable
on

opened,
to
a

the not

master

of such
five

conviction
Time and

fine

exceeding
ice and
or

dollars. may any 4 be landed

at

fnwa?d/"^

place ^""^^

8. No
^^y
on

goods (except
shall be
and

fresh

fish, which
shore when from the

time)
the for

landed

put
times

on

vessel

except
is the

days

during
under proper

the the

collectingstation
Avithout
any the
nor or

open be of

business the

provisions
in the
nor

of Section
with

permission of
landed the
or

officer

of Customs, presence
shall any

shall

goods

unshipped except
officer quay,

authority

proper
at
some

of Customs wharf
or

except

other

landing or unshipping of goods, nor or unshipped or put into any boats or craft to having been landed boat craft into anj^ other be transhipped or removed be landed or of the the without their to landed, permission being previously be shall such if officer of and Customs goods unshipped, ; any proper the shall same landed, transhipped, or removed contrary hereto
be
Master to
answer or

goods be so landed duly appointed for the place such shall any goods after

liable to seizure. 9. The

master
or

agent

agent of
hours

within of the

questions.

twenty-four
Customs and from the

arriving after arrival, present to

every

vessel

in any port shall, officer the j^roper with

answer a

manifest
to

of the and vessel,

vessel
at

together
crew,

coi)y

thereof
such shall

time

time the

all times

shall
and and
or

all

questions relatingto
be

cargo,

put
within bulk

to

him
or

by

refuse arrival States

to

answer,

proper if he does

the

officer of Customs
not
answer

as voyage if he shall

truly,
of
the alteration to facihtate

if after

his

three shall cargo such been

cause

miles been

of

the

coast
or as

Federated
made the such shall

Malay
in the

have

broken,
vessel
so

stowage
of any cargo

of the

of such
cargo be such

unloading
vessel have the be
or

part of
shall have
unless in

before

the

manifest

of

presented, or
shewn
case

opened,
on

if any the to master

packages
satisfaction
or

been

of
shall

missioner, Comliable

conviction

every to a contents

the

agent
for
as

fine not

exceeding

five hundred

dollars.

Packages registered
'"

10.
the to
same

If the

Contents
"

vessel
the

of any package intended shall be reported by the master officer of Customs

such vessel
or

exportation being unknown

examine
to

in

unknown
may

him

be

opened

and

examined.

jDackageson
station which
on are

proper board

may

may

open bring the be found any which

and
same

such

the

ing collect-

purpose, prohibited to be the

for that

and

if there
or

therein

exj)ortation.

imported, export duty on

goods
has

any subject to been

not

goods duty paid,

such

goods

shall be liable to seizure.

law
or

passengers.

regulation to the contrary notwithstanding the Malay arriving in or leaving the Federated passengers and be examined delivered States whether by land or water, may shall direct, but if any the Commissioner in such manner goods as other after the therein owner or subject to duty shall be found such that shall have denied in charge thereof goods any person contained therein, or if any goods were prohibited or uncustomed Any baggage of
11.
shall of the be

found

concealed from
the

therein

either

before
or

or

after the

removal it has

baggage
in the

train, vehicle,

vessel
or or

whereby
after the vessel
shall be

arrived of the

Federated
in
or

Malay
upon the

States

or

before

baggage
leave
the

train, vehicle,
States
the
same

placing whereby it
liable to

is to

Federated

Malay

CUSTOMS.

785
the
same

seizure the

together
shall
be

with

the and
on

packages containing
the
owner or

and in

all

contents

thereof,
liable

other
a

thereof hundred 12.

conviction

to

fine

charge person not exceeding five

removal
the
same

dollars. The from in in

or

goods
arrived

officer of Customs proper may the train, vehicle, or vessel

the Federated the

on

the

of any
have

samples

may^^^

whereby
or on

^^ cus^om^
officers,

Malay

States

the

placing

of any

goods
to take duties

leave

train, vehicle, or vessel whereby the same are upon the time Federated at States, or afterwards, Malaj' any
for examination
or

samples of the same payable on such

may have

for ascertaining the

such purposes and such
as

goods
declared
manner

or

for to
as

other

the

Commissioner
may

be

be 13.

disposed of goods
in

in such
a

necessary the Commissioner

samples
direct.

shall

No

of

combustible warehouse
such

or

inflammable
without shall be the

nature sanction

shall

be
be

Combustibles
not to

deposited

Customs any and if any Commissioner, deposited at the expense

the

of the

be ia

Oeposited

goods
the

landed thereof

the}'may
in

of
be at
a

importer
fit, and
Customs

that
same

Commissioner
deemed dealt
as

may
to

deem in the the

whilst

so

place any deposited th*e

and shall in the the

Customs warehouse.

shall be
liable
manner

warehouse

be
same

to

be

with

expiration of fourteen
nature
or

goods

of

similar

days actuallydeposited in
warehoused such in

Customs

warehouse,

unless in the

dulj^ cleared
meantime
;

some

approved warehouse chargeable with such

the
same

and

goods
and

shall

be

expenses deem fit.

until

sold, cleared,

for securmg, warehoused or

watching,
as

guarding
as

aforesaid,

the

Commissioner 14. Customs

All

may

goods
warehouse
a

not

being
and
not

of

perishable nature
within six

deposited
months,
and

in

Goods cleared be

cleared
so

all

not within sold.

specified period

goods

deposited and not cleared forthwith, and and all nature not cleared so dei^osited the be within sold by public auction, and shall if after and of duties, balance, freight, payment charges, any, officer of Customs shall be paid to the owner of the goods ; and no which be liable to make sustain good any damages goods may any
of

perishablenature goods of an inflammable fourteen days, may

may

while

in

caused 15.
owner,
reason

Customs any wilful his by

warehouse,

unless

the

same

shall

have

been

neglect or

default.

No

compensation shall be made importer, exporter, consignor,

by
or

the

Government

to

the

Government
not

of any fire
or

damage

occasioned

consignee of aiw thereto in any Customs

goods by
warehouse

liable

for

compensation
for etc.

goods by fire,

by

inevitable

accident.

damaged

16. All necessary operations relatmg to the loading, shipi^ing. Lighterage, unloading, unshipping, landing, carrying, weighing, opening, ^Tgoodfto belt unpacking, repacking,bulking, sorting, and marking of goods shall the expense of be performed by or at the expense of the owner, importer, exporter, exporter,

consignor, consignee,
17. If any
quay,

or

agent
be

as

the

case

may

be.
any the
"

goods
wharf,
"

shall
or

removed
xi"

from

railway station,
permission
I.

Goods without

removed

vessel,

other

place without
j-r.

of

the
x.

"C J. of m Customs otherwise than such onicer or m manner by proper within and such such time such such roads or as b}' ways persons officer shall direct, the same shall be liable to seizure together with

permission oe seized.

may

everything packed
Ill
"

therewith.

50

786
concealed

No.

31

OF

1920.

Goods
in

18.
to

packages
be seized.

deceive

If any goods shall be found the officers of Customs not be taken the
same

packed
so

in any
a

manner

calculated of such

that

may

goods might with everything packed

Goods not
to

shall

proper be liable to seizure

account

together

therewith.

be

shipped except of by authority

the Customs officers.

19. No to be goods shall be shipped, put off, or water-borne in the or Federated port shipped for exportation from place any the Malay States except on the days and during the times when for business is open under the collectmg station provisions of the permission of the proper Section 4 without officer of Customs shall any nor to be goods be shipped, put off, or water-borne shipped for exportation,or be exported by land from any place not without the or duly appointed for such purpose, or presence and authority of the proper officer of Customs any goods so shipped, to be shipped or found put off, or water-borne being exported

contrary
Dutiable

hereto

shall be liable to seizure.

20.
to be

The

exporter of any

goods subject
furnish

to

duty
the
or

on

exportation
officer of

exports
declared.

shall,

(a) before (6) if

such

shipment
at the
are

thereof

to

proper

Customs

port of exportation,
officer

goods
to the the

furnish which
the

despatched by rail, before despatch in charge of the collecting station at

to pay the

exporter intends
;
or

export

duties

on

said

goods

(c) if such
to the which
a

goods are exported by road, principal officer of Customs such goods are exported
of the dutiable

before
of

export furnish
district from

the

true

and

full account of all such lawful

and

value be

weight, measure, quantity, description, goods to be exported by him ; and

cause

it shall

for such

officers to
and rendered

weighed, measured,
be rendered
or

assayed,
account

valued

such goods any and if no account the

to

be

shall be

if the

by

exporter

shall

false in any particularall such goods shall be liable to seizure, and the to exporter thereof or his agent shall be liable on conviction
a

penalty
21.
The

not

exceeding
the

two

hundred
the

dollars.

Accounts rendered

to in

be

account

required by
exporter
or or

foregoing
in the other
or on

section in
as

shall
the

be

rendered
form

by

his

agent

form form

second

prescribed
and

documents

gchedule

to this

Enactment

in such

the shall

Commissubscribe
proper the

relating to goods produced by exporter.

.sioner may prescribe; and the exporter at the foot thereof, and the declaration

his agent

the demand the

of the

officer of Customs

the

exporter

lading,
accuracy of the

and

other

documents

produce relating to the

shall

invoice, bills of
to

goods

test

of such

foregoing
same

liable to the
Officers search Jiay for

failure to comply with on specification ; and any the exporter or his agent shall be requirements had been rendered. penalty as if no account
officers search that

22.

The

proper may
to

of Customs
any

on

the

written

order

of the

Commissioner
cause

eoods smuggled on premises.

suspect
has not
; and

which and

the in

duty
of

been

able premises in Avhich they have reasonprohibited goods or any goods on any paid are harboured, kept, or concealed,

case

resistance

break

open

doors,
be found
to

chests, trunks, and

a

other

packages

occupier thereof

if any such shall be liable on

goods

conviction

in any premises the fine not exceeding

CUSTOMS.

787

five hundred
to seizure
;

dollars, and
and if in any

an\'

such

goods
other

so

found

shall

be

liable seized

prosecution
or or

in respect
cause

of any

goods
or

for non-payment of any recovery

of duties

any

of seizure this
or

for the
any

penalty
as

penalties
the
or

under

Enactment have

"disputeshall
paid
from
in

arise of

to

whether

duties
whether
or

customs
same

been been

respect
such

such
or

goods,

the

have the
case

lawfully imported
which

goods
be

lawfully unshipped, were brought, then

on

concerning
in every such

place
the

proof
23.

thereof
If any shall

shall

the be

defendant landed
which

in such any which

prosecution.
vessel
are

goods
have

shall been vessel

from
or

for which
included

no

Goods

landed

manifest
the
or

presented,
from whatsoever

not have

in

'"''' ente"e'd u manifest and

manifest
if any any

of the

they
shall

shall

been

landed,

prohibited goods
part of the
be

into
are or

Federated

Malay
shall

be imported or brought States, or if any goods which

woi" imported
"^

^^p""^'^*^-

be brought to any wharf, quay, Malay States in order to be put board vessel for the purpose of being exported, or if any on any are goods which prohibited to be exported or in respect of which the export duty has not been paid shall be put on board any vessel with intent to be laden or shipped for exportation, or if any goods which the are prohibited to be exported or in respect of which in an}' package proexport duty has not been paid shall be found duced to the officers of Customs as containinggoods not so prohibited in respect of which the export duty has been or paid ; or if any goods subject to any duty or restriction in respect of importation or which are prohibited to be imported into the Federated Malay States shall

other

prohibited to place in

exported

the

Federated

be

found
any

or

discovered
or

to

have within the into

been the

concealed

in any

maimer

in
or

or on

upon board
or

train vessel been

vehicle
within

Federated of the

Malay

States

to

imported contrary Malay or prohibitionthen and in every of the foregoing all such cases goods shall be liable to seizure, together with any that shall be found goods packed with or used in concealing them.
States such restriction in his upon

any to have

waters

Federated

Malay

States

the

Federated

24. Any officer of Customs other person or acting duly employed for the prevention of smuggling, may
able for

aid,
reason-

or

customs

o^ccn

probable
stop
carts

cause an.

suspicion stop and

the
are

examine

any
and vehicle

cart, wagon,

or

other
or or or

vehicle

goods
of such such
a

purpose contained

of

ascertainingwhether
therein
or

anj' all persons be

smuggled
owning
to

prohibited goods, in charge

allow any
to

cart, wagon, exceeding o

other

refusmg

stop
on

examination

when

required

shall

liable

conviction

fine not

five hundred

dollars.
or

25. him
on

Any principalofficer
behalf
any "^

of Customs
cause may the limits

in that

in

writing
within

to

officer authorized by any be searched any person

any

Pet'sons officers
r-ason

may have
to

be

board

vessel the

of hours

who such wagon,

reason

shall within
vessel
or or

previous twelve

port or have landed

",' J.

any
1^

person JT

3ll3DeCt

from

any

smuggled

goods

arrive who any person may other vehicle, provided such suppose shall be any
or

by land, by train,
officer shall have
or

cart,

upoaThem.^''

good
hibited prothat

to

that

such about

goods
no

secreted

has any person and his p?rson

uncustomed

provided

further if any
or

female

searched such in

except
officer in such

shall

obstruct
on

by a female ; and going, remaining,

person other

returning
or

from

board

searching

vessel, cart, wagon,

788
vehicle,
to
or or or a or

No.
person,
every

31

OF

1920.
shall
on

such five

fine not

exceeding
on

person hundred

conviction and

be

liable

dollars

if any

passenger
^

other who

person may he

have
has

such any arrived by upon liable

other vessel, cart, wagon, vehicle or such vessel, train, cart, wagon, any

other

vehicle, shall

whether

goods
same,

to

deny
denial his be

the

and be
liable
or

being questioned by any his person or duty upon if any such goods shall
to be
a

such

officer session possuch

or

in his

after

discovered
such conviction times be

to

have liable

been
to

possession
on

goods
the

shall
to

upon seizure

his and

person such
nor

in

person
more

shall
than
Power
to

fine not value

less

than

three
and

twenty
The

combined may,

of such
notification

goods
in

duty.
Gazette^

26.

Chief

Secretary

by

the

prohibit imports and exports.

prohibit the importation into or the exportation from the Federated Malay States, or any part thereof, either absolutely or conditionally from or to any the Federated or or country, territory, place without

Malay
from
or Ports and

States
to

in

such in

notification the

to

place thing.
The
the

place

Federated

be specified, the or Malay States, of any

removal animal

27.

Chief

places of import, export, and

removal.

prohibit

Secretary may, importation into or

or

by notification exportation from

or

in the

the

Gazette^

Federated

Malay
in the
or

States

any

part thereof

removal

from
or

Federated

ports
Licenses.

Malay States in such places specified

Chief
and the

animal of any notification. issue he

a

place to place thing except at

to

28.

The
in in

Secretary
conditions to

may
as

license
fit
or

restrictions named

thinks

subject allowing the

a.ny

such

license

import, export,
a

remove

person animal or

thing
Delegation
to power licenses.

respect of

which

notification

is in force.

of issue

29.

(i) Any
Chief

license

authorized
may be

by

this

Enactment

to

be
or

issued

by

the

Secretary
the

issued
in that to

by
any

any

officer

officers-

authorized

by

Chief
may

Secretary
be
any
or

behalf. officer either

be any
or

(ii)Such
or

authority
of his to

given
such

by

virtue

office,and

restricted

restricted
the
Vessel seized detained may be

Chief 30.

particular acts particular areas Secretary.

to
owner,

authority may m things and may

may

by name general or
case

be

and

be

varied

revoked

by
been

If the with

agent,
offence

or

master this

and"

charged
of

any
or

under

of any Enactment

vessel
the in

shall have

prmcipal
that

officer in

pending
determination of charge.

Customs

writing may of such charge

respect of any
31.
liable

any person seize and detam and such until

authorized
such vessel

by him pending

behalf

the

determination

paj'ment

of the

fine, if

any,

imposed
all

in

offence.
and all for in
or

Seizures delivered Custotr.s.

to be
to

All
to

vessels

goods
any

liable

to under

seizure this

and

persons may

be
or

detained detained

offence

Enactment
or

be

seized

any any
soon

officer of Customs

by
as

place either on land public servant, and

as

water

by

all vessels

any and

goods
into district

so

seized
care or

shall,
of the

conveniently
Customs

may

be, be
of the

delivered

the

principal officer

of Customs
shall be

port

or

other
;

the
the

same

and in

officer of proper the seizure of any

appointed
taken
all the

to to

receive

goods

include
contents

package

which

the

same

are

found

and

thereof.

790
be

No.
otherwise from concerned
in the

31

OF

1920.

removal withdrawal of any or illegal of or goods place any security in which shall knowingly harbour, they shall have been deposited, or who shall conceal, or keep, or knowingly permit or suffer or cause or be to harboured, kej^t,or concealed prohibited or procure any restricted the Customs duties have not goods or goods on which been hands removed, to M'hose or paid, or any goods illegally or who shall be possession any such goods shall knowingl}^ come, or in any way in conveying, removing, depositing, knowingly concerned in manner concealing, or dealing with any such goods with any Customs
warehouse intent to

defraud

the

Government
restriction

of of
or

any

duties

thereon,
such

or

to

evade
or

who

prohibitionor any shall be in any way

or

applicableto
in any

goods,
shall
to in
a

knowingly
of
any

concerned

fraudulent
:

evasion

attempt
every

at

evasion

Customs be
on

duties

each
fine

and
not

of the three

foregoing cases
nor more

conviction times the

liable

less than

than

twenty

combined

value
Penalty
officers for and

of such

goods
person other

and

duty.
shall
servant

36. Customs their

Every
or

who

assault
or

or

obstruct person

any

officer of

obstructing

public
or

rescuing goods.

aid

or

assistance,

smuggling, in the execution seizing of any goods liable

who
any shall
rescue or

acting in his or duly employed for the prevention of of his or due in the their duty, or
any

to

forfeiture
to rescue,

under
or or

this
cause

Enactment,
to be

or

endeavour been

rescued,
before
or

goods
any

which seizure

have

duly seized,
or

who

shall

after
or

stave,
the

break,
seizure

otherwise
or

goods

to

prevent

thereof said

the

destroy, any securing of

:

package
the same,
term

shall,on
be

conviction

of any

of the

offences

for the

first offence
a

punished by imprisonment
nine to months and
or

of either fine
not
or a

description for
exceeding
one

not

exceeding
dollars
or

by
a

thousand

both,

for

second

of either
months

descriptionfor
a

term

and

shall be also liable to

fine

prisonment subsequent offence by imnot exceeding eighteen thousand not exceeding two

dollars.
Rewards informers others. or
to

37. The
and

deem

fit out

other
to to

order

he may as officer to composition pecuniary penalty any the and is whose recovered, means same by person may be paid in respect of any seizure under made this Enactment
a

Resident

of

State

may

offer such
or

rewards

of any

the

may
Penalty
person

deem If any

person fit not

or

persons

making
the value
or

the of

same

such

reward
so

as

he

exceeding
of Customs

the person any

goods

seized. for
or

38.
on

officer

other
make
to

duly employed
collusive up any
or

offering and receiving bribes, etc.

the

prevention
up,
or or

of
make other

smuggling
any
means

shall

seizure,
not
to

deliver
any

agreement
to
or

deliver
or or

seize,

ve?sel

of conveyance,

goods
to

liable to

seizure, or accept, agree bribe, gratuity, recompense,

of his
to way

shall

accept,
reward
or

attempt
for

obtain, any
or performance non-

the

neglect
with
or

duty,
into the

or

conspire
Federated
or

connive

import

or

bring
in be

the

concerned

importation
or

Malay States bringing in

or

any be any

person in any

of

goods
duties,

prohibited to
for the
or

imported

brought
vessel,
reward conviction

in
or

liable to Customs
means

goods,

purpose and

of seizing any obtaining any

other
such

of conveyance,

for

.seizure this

every

such

officer

shall,

on

under

otherwise, or be Enactment,

CUSTOMS.

791
thousand dollars and

liable person

to

fine not
shall

exceeding

one

who

given
any

any collusive
to

give or offer or promise to give or reward to, or bribe, gratuity, recompense,

agreement
him any in any
act

procure
or

every to le

shall make
as

with, way and

any
to

such

officer

or

peison
or

said, afore-

induce
at

neglect his duty

of the

to

do, conceal,
any other
on

or

connive

whereby

any

law

relating to
imder

imports

conviction five

exports may this Enactment, be liable

this Enactment

provisions cf be evaded,
to
a

shall,

fine

not

exceeding
deemed
to
conviction

hunch'ed

dollars.
in

39.

Nothing
the
to

contained
and

shall

be

prevent
force be in

accordmg

punishment prosecution, conviction, law the provisions of an\' other for the
Federated
more

of any time perse

person

i' "^.^"^
in

"''^'^'

being
n

the

Malay
once

States for the

but

so

that

no

shall

punished
40.

than

same

offence.
or removes or

to

(i) Any person, who import, export, or remove exporting, or removing or

any notification animal
or or

imports, exports,
or

attempts

penalties,

abets

any
to

other

person

in

importing,
remove

attempting
contravention under this

thing
rule

in

import, export, or of the provisions

or

of

any

made shall of be the

Enactment
an

of
on

issued before

thereunder,
a

guilty of
First

oft'ence. shall to be

and liable

license any conviction

a

Magistrate exceeding five thousand description for a term

such fine and
a

Class
or

to

fine of

not

dollars
not

imprisonment
months
or

either

exceeding

twelve

to

both

imprisonment.

(ii) Where
company shall be

such vention, contrasociety is guilty of any or companj^ and of the officer other director, secretary, every manager, who is knowingly a j^arty to the contravention, or societj^,
an

guilty of
or

offence

and is

liable

to

the

like
under has

penalty.
Section
been 40 the
confiscation.

41.
animal shall

(i) Where
be

any

thing in respect
liable to confiscation
the known
cause

person of which

convicted the order in

offence

committed

confiscation
may

by
be

of the
to

convictmg
any other

Court,

(ii)Such
Where (iii)

addition
or

importer,
or

exporter
be

remover

of
reason

penalty, prohibited
thereof
or

goods
for
any

is not other be

camiot

found,
cannot

and be

by

goods
42.
be

may All

proceedings confiscated by order

and

taken,

the the

prohibited
First

of

Magistrate of
under of the
this

Class.
may
Mode and court of

duties

penaltiesincurred
in the
name

Enactment

recovered 43.
A

by
the

action

Commissioner.
Enactment Class be may which shall this Enact-

pTnaity!^"
of First

conviction

for any
of
a

offence

under
of the
f

this

had have
.

before
""

Court

Magistrate
any J
r

First

Sit^trate to
hav"efuii
jurisiliction.

jurisdiction to (i) The

to

impose ^

penaltyJ
make

provided

by J

44.

Chief

Secretary maj^
conduct duties
powers officers
manner

rules

Rules.

(a)

regulate the
of Customs

of all matters
;

relatingto
to be

the

tion collecand

(6) to
(c)
to

regulate the performed by

prescribe
shall the
or or

and

duties
;

exercised

of Customs in which and

the

goods subject
to

to

duty

shall

not

be

packed
not

regulate
in the
;
same

or

inclusion

of goods subject to

duty

prohibit package

receptaclewith

goods

so

subject

792

No.

31

OF

1920.

{d) to prescribe
dollars under this

the

penalty
which

not

exceeding
contravention

fine of five hundred

of
;

Math

the

any

rule

made

section issue

shall be

punishable

(e)

to

regulate the

of licenses ;
to be

(/ ) to prescribe the
animal

fees if any
of

paid

for such

licenses ;

{g) to prescribethe method

any
or

importing, exporting,or removing

a

thing

under
to

license ;

(h) generally to give effect (ii)Goods

any
or

the there

provisions
shall be the

of this Enactment.
a

in

respect
under of

whereof section

contravention

of

rule to the

made

this

inclusion

relatingto goods subject to duty

so

mamier same

in the

receptaclewith goods.
Protection
-of officers.

goods

not

subject

shall

be deemed

to be

packing package or prohibited anything supjjosed

any rules

of

45.

(i) No
or

done,
exercise

bona
of

shall be brought against any to be done, in the fideintended the by this Enactment given powers

action

person exercise
or

for
or

by

made

thereunder

(a)

without in

giving to writing of the

the

such

one person mtended action

month's
and

previous
cause

notice
;

of the from

thereof date of the

(b) after

expiration of
of the
cause

three

months
;

the

accrual

of action

(c) after tender (ii)In

the
fail every

of sufficient
so

amends.

defendant
or

reasonable
to

prove

brought it shall be expressly alleged that without either maliciously or negligently and shall and if the trial at the probable cause plaintiff such allegation,judgment shall be given for the
action acted

defendant.

(iii) Though
such unless

action, such
the

judgment shall be shall not plaintiff

before
action. which the

given
have action

for

the

in plaintiff

any

costs is

Court,
of the

agamst the defendant tried, shall certifyits

approbation

First

Schedule. REPEALED. Enactments.

ENACTMENTS State

CUSTOMS.

793

Federal

Enactments.

No.

and

year.

Short

title.

of 1915 of 1918

j The
i The

Customs Customs

Regulations Enactments,
1915

ment 1907, Amendment 1907, Amend-

Enactment,
25

RegulationsEnactments,
1918

Enactment,

(No. 2)

Second

Schedule.

(Section 21.)
ACCOUNT To The I of Customs,
at

OF

DUTIABLE

ARTICLES

EXPORTED.

is a full and true account of hereby declare that the following dutiable value of and the weight,measure, quantity, description, from articles to be exported by me the on by ^ 19. day of the
..

Place
Date 19,

Exporter

or

agent.

1 2

State State

whether
name

of

by rail,road, steamer, or sailingvessel. railway station or seaport, or point of export

by road.

Piinlcd

hy Hazell, Watson

"

Vine}/, Ld., London

and

Aylesbury.

Ill"

51

(.i

i^A

UNIVERSITY

OF

CALIFORNIA Los

LIBRARY

Angeles
the last date

This

book

is

DUE

on

stamped

below.

Form

L9-32m-8,'58(5876s4)444