Full text of "The laws of the Federated Malay States, 1877-1920;"

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By Order of the Council.
Royal Colonial Institute,

Northumberland Avenue, London, W.C. 2.

Jtily 21, 1920.

THE LAWS OF THE
FEDERATED MALAY STATES.

VOL. II.

THE LAWS OF THE
FEDERATED MALAY STATES

1877-1920

COMPILED BY

A. B. VOULES,

LEGAL ADVISEK, F.M.S.

IN THREE VOLUMES.
VOL. IL

PUBLISHED BY AUTHORITY

PRINTED BY

HAZELL, WATSON & VINEY, LD.
LONDON AND AYLESBURY

(Appointed by the Goveinnient of the Federated Malay States the
Government Printers for the purposes of this edition of Laws)

1921

ALPHABETICAL INDEX OF THE SHORT ! TITLES OF
THE LAWS OF THE FEDERATED MALAY STATES,
1877-1920, UNREPEALED ON 31st1 DECEMBER, 1920.

Short title.

Adoption of Straits Settlements Or-
dinances

Advocates and Solicitors

Aerial Navigation

Affirmations

Agreements for Leases, Temporary Pro
visions

Agricultural Pests

Alien Missionaries, Supervision of

Aliens Admission, Former Enemy ,

Aliens, Exclusion Pauper

Aliens, Registration of

AlMUSEMENT, PlACES OF PuBLIC

Animals and Birds Protection, Wild

Aniivlils, Prevention, Cruelty to

Appraisers (amended) . ,

Arbitration

Arms

Army Act . .

Auction Sales . .

Banishment

Bank Note Issue

Bank, Savings

Banking (Restriction) . .

Bankruptcy

Benevolent Fund, Planters'

Betting

Bills of Sale

Birds Protection, Wild Ani^vl^ls an

Births and Deaths Registration .

Bishop of Singapore, Incorporation

Books, Printing and . .

British and Foreign Companies

Buffaloes . .

BuNus Reserve Cancellation

No. and Year. Vol. Page.

Pk.

12- of 1895
22 of 1914
22 of 1913

. . 1898

Pg. 6 of 1901

13 of 1913

22 of 1917

20 of 1919

. . 1902

4 of 1917

24 of 1913

9 of 1911

6 of 1910

. . 1907

17 of 1912

13 of 1915

8 of 1915

. . 1905

10 of 1910

Pg. 4 of 1890

17 of 1914

10 of 1919

2 of 1912

3 of 1912
10 of 1913
26 of 1919

9 of 1911

13 of 1920

14 of 1912
17 of 1915

9 of 1912

. . 1899

Sel. 3 of 1897

II
II
I

II
III
III

III
II
II
II

II
III
III

III 657

II 242

II
II

III
II
I
I

615
626
526

742

495

292

668

215

128

544

550

420

514

729
593

303

482

III 670

II 56

III 720
II 419

57
403
132
669

852a8S

VI INDEX OF SHORT TITLES.

Short title. No. and Year. Vol. Page.

Bureau of Statistics 9 of 1919 III 653

Burials -4 of 1910 II 6

Census 8 of 1910 II 17

Chamber of Mines, F.M.S., Incorporation 25 of 1914 II 644

Chandu, Opium AND 14 of 1910 II 34

Change of Names 3 of 1919 III 644

Chief Secretary (Incorporation) . . . . 1 of 1911 II 47

Chinese Affairs, Secretary for .. .. .. 1899 I 115

Chinese Laws, Recognition *. . .. Pk. 23 of 1893 I 610

Christian Brothers' Schools Visitor, In-
corporation 32 of 1918 III 598

Christian Marriage . . . . . . . . 1 of 1915 II 669

Civil Guard, Reserve Force and . . . . 21 of 1915 III 64

Civil Procedure Code . . . . . . . . 15 of 1918 III 350

Clauses, General . . . . . . . . . . 1896 I 32

Coconut Palms Preservation . . . . 17 of 1917 III 158

Code, Civil Procedure . . . . . . 15 of 1918 III 350

Code, Criminal Procedure . . . . . . . . 1902 I 220

Code, Labour 6 of 1912 II 332

Coin, Counterfeit . . 10 of 1912 II 407

Coin, Import and Export .. .. .. .. 1903 I 467

Collision and Salvage . . . . , . 2 of 1913 II 457

Collision at Sea, Prevention . . . . . . 1897 I 38

Commissions of Enquiry . . . . . . 18 of 1918 III 590

Common Gaming Houses 19 of 1912 II 426

Companies 20 of 1917 III 160

Companies, British and Foreign . . . . 9 of 1912 II 403

Companies, Fire Insurance . . . . . . 3 of 1918 III 317

Contagious and Infectious Disease . . Pk. 3 of 1894 I 613

Continuance of Powers . . . . . . 15 of 1919 III 666

Contract 1899 I 135

Corporations Duty . . . . . . . . 20 of 1914 II 622

Council Proceedings Validation . . . . 18 of 1920 III 729

Counterfeit Coin 10 of 1912 II 407

Country Lands (Cultivation) . . . . 8 of 1914 II 576

Court Fees 1905 I 490

Courts 14 of 1918 III 330

Crimes, Prevention of . . . . . , . . 1903 I 432

Crimes, Prevention of . . . . . . Pk. 2 of 1903 I 624

Crimes, Prevention of . . . . N.S. 6 of 1895 I 697

Criminal Jurisdiction, Police Assistance

AND 19 of 1913 II 509

Criminal Procedure Code . . . . . . . . 1902 I 220

Cruelty to Anevials, Prevention . . . . 6 of 1910 II 14

INDBX OF SHORT TITLES.

Vil

Short title.

CuLTivATiOK, Country Lands
Cultivation of Rice
Cultivation of Rice
CusTOMABY Tenure
Customs

Dangerous Trades

Declarations, Statutory

Decrepit Vagrants

Decrepit Ward Fund . .

Delegation of Powers

Deleterious Drugs

Departmental Fines

Disease, Contagious and Infectious

Disease, Prevention of

Disease, Quarantine and Prevention

District Officers

Districts Water Supply

Divorce Registration, Muhaivimadan

riage and
Drainage Rate . .
Drugs, Deleterious
Drugs, Sale of Food and
Duty, Corporations

Education Rate

Electricity

Evidence, Penal Code and . .

Excise

Explosives

Export, Coin Import and

Extradition

Xo. and Year.

8 of 1914

N.S. 3 of 1917

Pg. 11 of 1897

N.S. 17 of 1909

31 of 1920

Vol. Pase.

I
III

.. 1909 I

.. 1899 I

. . 1902 I

Pk. 15 of 1901 I

2 of 1919 III

10 of 1911 II

.. 1903 I

. . Pk. 3 of 1894 I

N.S. 1 of 1894 I

Sel. 5 of 1894 I

of.. .. 1903 I

Pk. 10 of 1902 I

Sel. 2 of 1910 I

Mar-

. . 1900 I

. . 1909 I

10 of 1911 II

9 of 1913 II

20 of 1914 II

5 of 1915 III
23 of 1913 11

. . 1905 I

6 of 1915 III

. . 1904

. . 1903

26 of 1914

I
I
II

576
723
731

719

782

564
114
217
618
643
69
434
613
695
667
461
621
686

195

567

473

622

528
538
4
481
467
658

Federated Malay States Chamber of

Mines, Incorporation
Federated Malay States Prisoners
Fees, Court
Ferries

Fines, Departmental . .
FmE Insltiance Companies
Fish Protection
Flags at Religious Festivals
Flogging Regulation . .
Food and Drugs, Sale of
Food Production

25 of 1914
. . 1905
. . 1905
. . 1900
. . 1903
3 of 1918
. . 1898

. 1 of 1881
. . 1905
9 of 1913

42 of 1918

II
I
I
I
I

III
I
I
I

II
III

644
498
490
211
434
317
82
589
513
473
627

VI u

INDEX OF SHORT TITLES.

Short title.

Foreign Companies, British and

Foreign Marriage Notice

Forest

Former Enemy Aliens Admission

Freight and Steamship

Frivolous Charges

Frontier Police

Fugitive Offenders

No. and Year.

9 of 1912

20 of 1915

34 of 1918

20 of 1919

13 of 1910

Pk. 20 of 1895

. . 1900

15 of 1915

Vol.
II
III
III
III
II

I
III

403

602

668

616

193

Gaming Houses, Common
Ganja Prohibition
General Clauses

General Loan and Inscribed Stock
Girls, Protection, Women and
Government Debts, Priority
Government Loans, Security
Guarantee Fund, Public Officers'

19 of 1912
. . 1898
. . 1896
3 of 1914
2 of 1914
. . 1904
5 of 1910

11 of 1913

II
I
I

II
II
I

II
II

426

567

552

489

486

Habitual Criminals,

AND . .
Habitual Criminals,

AND

Habitual Criminals,

AND

Harbour . .

Harbours . .

Headmen, Regulations for

High Commissioner

Stolen Property

Sel. 15 of 1902 I 679
Stolen Property

N.S. 11 of 1902 I 716
Stolen Property

Pg. 16 of 1902 I 744

Pk. 17 of 1891 I 595

Sel. 1 of 1891 I 650

. . ■ . . N.S. 7 of 1896 I 700

Pg. 1 of 1898 I 733

. . Pg. 1 of 1890 I 727
1896 I 13

Import and Export, Coin

Imports and Exports, Registration of

Incorporation, Bishop of Singapore

Incorporation, Chief Secretary

Incorporation, Christian Brothers'
Schools Visitor

Incorporation, F.M.S. Chamber of Mines,,

Incorporation, Methodist Episcopal Loca-
tion Board . ,

Incorporation, Titular Roman Catholic
Bishop of Malacca

Indian Labourers, Netherlands, Protec-
tion . .

Instruments, Negotiable

.. 1903 I 467

40 of 1918 III 626

14 of 1912 II 419

1 of 1911 II 47

32 of 1918 III 598

25 of 1913 II 644

13 of 1914 II 587

16 of 1915 111 56

,, 1909 I 569

,. 1898 I 89

INDEX OF SHORT TITLES.

Short title. No. and Year. Vol.

Inventions • • • • 19 of 1914 II

Inventions Validation Pg. 13 of 1909 I

Irrigation Areas 1899 I

Issue of Perak Notes Prohibited . . Pk. 10 of 1890 I

Jinrikisha 1900 I

Karang Ayer Leleh Pg. 1 of 1916 I

Kathis Prohibited from Receiving Zakat Pk, 2 of 1880 I

Klang Sites Sel. 22 of 1909 I

Krian Irrigation Pk. 16 of 1905 I

Labour Code

Labourers' Protection, Netherlands

Indian
Land

Legal Tender

Legal Tender (Supplementary)
Liabilities, Public Servants..
Libel

Lights and S]\l4.ll Shipping . .
Limitation . . . . . . -

Loan and Inscribed Stock, General

Loan, War

Loans Fund, Planters'

Loans, Government Security

Loans, Usurious

Lunacy

Lunatics, Reception (not yet in force)

Machinery

Malaria Prevention (not yet in force)

Malay Reservations . .

Manceuvres, Military . .

Marks, Merchandise

Marriage, Christian

Marriage, Foreign Notice

Marriage Registration

Measures, Weights and

Medical Registration . .

Merchandise M^rks

Metal Industry, Non-ferrous

Methodist Episcopal Location Board, In

corporation
Military Manoeuvres . .
Mineral Ores

Page.
597
753
131
590

198

761

589
683
627

6 of 1912 II 332

.. 1909

569

11 of 1911

21 of 1913

522

23 of 1918

III

594

. . 1893

8 of 1918

III

326

. . 1902

420

. . 1896

3 of 1914

567

1 of 1916

III

27 of 1915

III

5 of 1910

12 of 1919

III

663

12 of 1915

III

25 of 1913

548

5 of 1913

461

13 of 1917

III

151

15 of 1913

505

. . 1905

500

7 of 1917

III

141

1 of 1915

669

20 of 1915

III

8 of 1911

. . 1893

. . 1907

552

7 of 1917

III

141

36 of 1918

III

620

13 of 1914

587

. . 1905

500

. . 1904

474

INDEX OF SHORT TITLES.

Short title.

Mining

]VIiNOR Offences . .

Missionaries, Supervision of Alien

Motor Cars, Traction Engines and

MUHAMMADAN CeMETERY ReSERVE

Mfhammadan Cemetery Reserve

MUHAMMADAN CeMETERY RESERVE

MUHAMMADAN LaWS

MUHAMMADAN MaRRIAGE AND DiVORCE

Registration

No. and Year.

Vol.

Page.

12 of 1911

128

25 of 1920

III

764

22 of 1917

III

292

20 of 1912

435

. Sel. 8 of 1904

682

Sei. 14 of 1907

683

. Sel. 2 of 1915

691

. . 1904

470

1900

195

Names, Change of

Naturalization . .

Negotiable Instruments

Netherlands Indian Labourers, Protection

Non-ferrous Metal Industry

Offences, Small
Offenders, Fugitive . .
Opium and Chandu
Ores, Mineral . .
Orphans' Pension, Widows' and
Oysters, Preservation in ti
River

Passport . .

Pauper Aliens, Exclusion

Pawnbrokers

Penal Code and Evidence

Pension, Widows' and Orphans'

Pensions . .

Pests, Agricultural

Petroleum

Places of Public Amusement

Plague

Plantation Produce Protection

Planters' Benevolent Fund . .

Planters' Loans Fund

Poisons

Police Assistance and Criminal

Police Force
Police, Frontier
Police Supervision
Police Supervision

3 of 1919

III

644

. . 1904

487

. . 1898

Protection

. . 1909

569

36 of 1919

III

620

. . 1898

112

. .

15 of 1915

III

14 of 1910

. . 1904

474

. .

3 of 1915

093

[E Perak

Pk.

18 of 1890

594

7 of 1920

III

714

. . 1902

215

10 of 1914

578

. . 1905

538

3 of 1915

693

. . 1906

539

13 of 1913

495

23 of 1914

638

24 of 1913

544

. . 1901

213

18 of 1910

3 of 1912

303

27 of 1915

III

15 of 1911

230

Jurisdiction

19 of 1913

509

. .

22 of 1920

III

753

. . 1900

193

. . Pk. 2 of 1893

603

. Sel. 2 of 1894

665

INDEX OF SHORT TITLES.

Short title.

Post Office

Powers of Attorney . .

Prevention, Collision at Sea

Prevention of Crimes . .

Prevention of Crimes , .

Prevention of Crimes . .

Prevention, Cruelty to Animals

Prevention of Disease

Prevention of Disease, Quarantine and

Prevention of Malaria (not yet in force

Printing and Books

Priority, Government Debts

Prisons

Prisoners, Federated Malay States

Prisoners Surrendered by S.S.

Prisoners, Transfer to the Colony

Probate a^jd Administration

Protection, Fish

Protection, Plantation Produce . .

Protection, Wild Animals and Birds

Protection, Women and Girls

Public Amusement, Places of

Public Emergency

Public Officers' Guarantee Fund

Public Servants (Liabilities)

Public Trustee . .

Publications, Seditious (Prohibition)

No.

N.S.

Sel.

N.S.

Pg.

and Year.

. . 1905
1 of 1912
. . 1897
. . 1903
. 2 of 1903
6 of 1895
6 of 1910
5 of 1894

1 of 1894
. . 1903

13 of 1917

17 of 1915
. . 1904
. . 1907
. . 1905

3 of 1896

4 of 1914

4 of 1920
. . 1898

18 of 1910
9 of 1911

2 of 1914
24 of 1913

5 of 1917
11 of 1913

. . 1893
20 of 1920
27 of 1919

Vol. Page.

II
I
I
I
I

II
I
I
I

I
I
I
I
II

II
II
II
II

516
238

38
432

624
697
14
667
695
461

III 151
III 57

489
543
498
730
574

III 682

552

544

III 134

II 486
I 5

III 746
III 677

Quarantine and Prevention of Disease

1903

461

Railways . .

Recognition of Chinese Laws

Red Cross (Control of Use) . .

Reformatory Schools . .

Regency . .

Registration of Aliens

Registration, Iinlports and Exports

Registration, Marriage

Registration, Medical

Registration, Muhammadan Marriage and

Divorce
Registration of Schools
Registration of Titles
Registration of Titles (Validation)

4 of 1912

308

Pk.

23 of 1893

610

7 of 1918

III

325

. . 1908

554

'. Pg

. 7 of 1909

752

4 of 1917

III

128

40 of 1918

III

626

8 of 1911

. . 1907

552

. . 1900

195

27 of 1920

III

775

13 of 1911

191

Sel.

12 of 1897

670

Xll INDEX OF SHORT TITLES.

Short title. No. and Year. Vol. Page.

Registbation and Survey of Steam Vessels

Pk. 10 of 1893 I 604

Regulations for Headmen . . , . Pg. 1 of 1890 I 727

Relief, Specific . . . . . . , . . . 1903 I 436

Reserve Force and Civil Guard . . . . 21 of 1915 III 64

Rice, Cultivation N.S. 3 of 1917 I 723

Rice, Cultivation Pg. 11 of 1897 I 731

Rice Lands . . . . 2 of 1917 III 125

Rights of Holders of Agreements for

Leases Sel. 1 of 1892 I 659

River Rights Pk. 3 of 1915 I 632

Royal Family cannot be sued for Debt Pk. 3 of 1888 I 589

Royal Family cannot be sued for Debt Pg. 1 of 1893 I 729

Rubber Dealers . . 5 of 1919 III 646

Sale of Food and Drugs 9 of 1913 II 473

Sales, Auction . . . . . . . . . . . . 1905 I 514

Salvage, Collision and . . . . . . 2 of 1913 I 457

Sanitary Boards 13 of 1916 III 107

Savings Bank 17 of 1914 II 593

School Attendance .. .. .. ..Pk. 2 of 1916 I 634

School Attendance .. .. .. ..Sel. 5 of 1891 I 658

School Attendance N.S. 3 of 1900 I 709

School Attendance Pg. 7 of 1908 I 751

Schools, Reformatory.. .. .. .. .. 1908 I 554

Secretary for Chinese Affairs .. .. .. 1899 I 115

Secretary to Resident . . . . Pk. 10 of 1901 I 617

Secretary to Resident . . . . Sel. 10 of 1901 I 674

Secretary to Resident . . . . N.S. 12 of 1903 I 718

Seditious Publications (Prohibition) . . 27 of 1919 III 677

Shipping, Lights and Small . . . . . . . . 1902 I 420

Silt (Control) 26 of 1917 III 312

Small Offences 1898 I 112

Societies 20 of 1913 II 513

Solicitors, Advocates and . . . . . . 22 of 1914 II 626

Specific Relief 1903 I 436

Stamp 1897 I 48

Statistics, Bureau of . . . . . . . . 9 of 1919 III 653

Statutory Declarations .. .. .. .. 1899 I 114

Steam Vessels, Registration and Survey Pk. 10 of 1893 I 604

Stolen Property Pk. 18 of 1902 I 622

Stolen Property and H.ibitual Criminals

Sel. 15 of 1902 I 679
Stolen Property and Habitual Criminals

N.S. 11 of 1902 I 716

INDEX OF SHORT TITLES.

XUl

Short title.

. and Year.

Vol.

Page.

Stolen Peoperty and Habitual Criminals

Pg.

16 of 1902

744

Subjection to Chief of District

..Pg.

5 of 1891

729

Sultan Idris Estate . . . . . .

. .Pk.

2 of 1917

635

Sultan Idris Religious and Charitable

Trust

. .Pk.

3 of 1917

637

Sultanate Lands

..Pg.

1 of 1919

762

SuPER\asiON of Alien Missionaries . .

22 of 1917

III

292

Syed Hassan's Concession Resumption

• Pg

. 1 of 1912

754

Tai Wa Fund

1 of 1902

675

Telegram Copyright . .

5 of 1911

Telegraphs

. . 1905

505

Telegraphy, Wireless . .

7 of 1913

470

Theatres . .

2 of 1910

Titles, Registration of

13 of 1911

191

Titular Roman Catholic Bishop of Malacca,

Incorporation

16 of 1915

III

23 of 1917

III

295

Traction Engines and Motor Cars . .

20 of 1912

435

Trades, Dangerous

. . 1909

564

Transfer of Prisoners to the Colony

4 of 1914

574

Treasure Trove . .

Pk.

15 of 1888

590

Treaties and Agreements, Validation

8 of 1912

402

Trustee

19 of 1920

III

730

Turtle Eggs

..Pg

. 3 of 1915

759

Usurious Loans

12 of 1919

III

663

Vaccination

Pk.

13 of 1890

591

Vaccination

.. Se]

. 3 of 1892

660

Vaccination

N.S.

15 of 1901

710

Vaccination

•• Pg

. 9 of 1905

747

Vagrants, Decrepit

. . 1902

217

Validation, Inventions

Pg.

13 of 1909

753

Validation, Registration of Titles

Sel.

12 of 1897

670

Validation, Treaties and Agreements

8 of 1912

402

Vehicles . .

13 of 1912

408

Victoria Institution . .

. . Sel

. 1 of 1914

690

Victoria Institution

Sel.

23 of 1899

671

Victoria Institution Reserve

Sel.

23 of 1909

685

Victory Loan

1 of 1920

III

680

Village Sites . . . . . . . .

..Sel

4 of 1890

649

Volunteer

••

1 of 1913

447

War Loan

1 of 1916

III

War Loans Investment Trust of jVIalay^

8 of 1916

III

XIV

INDEX OF SHORT TITLES.

Short title.

War Savings Certificates

Water Hyacinth

Water Supply, Districts

Waters

Waterworks

Weights and Measures

Widows' and Orphans' Pension

Wild Animals and Birds, Protection

Wireless Telegraphy . .

Women and Girls, Protection

No.

Sel.

and Year.

Vol.

Page.

28 of 1918

Ill

596

14 of 1914

591

2 of 1910

686

9 of 1920

III

715

. . 1909

557

. . 1893

3 of 1915

693

9 of 1911

7 of 1913

470

2 of 1914

552

FEDERAL LAWS
UNREPEALED ON THE 31ST DECEMBER, 1920.

PART I.

n— 1

ENACTMENT NO. 2 OF 1910.

As amended by Fed. E. 7 of 1912.

An Enactment to make provision for the better Kegulation
of Theatres and Theatrical Performance ^\^thin the
Federated Malay States.

John Anderson, [2nd May, 1910.

President of the Federal Council. 10th June, 1910.]

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

1. This Enactment may be cited as " The Theatres Enactment, short title.
1910," and shall come into force upon the publication thereof in

the Gazette.

2. In this Enactment and in all rules, notifications, and orders interpretation.
thereunder the following terms shall, unless the context otherwise
requires, have the meanings hereb}^ respectively assigned to them :

[a) " Theatrical performance " includes stage play, circus, con-
juring, dancing, cinematographic exhibition, Avayang,
mayong, mundu, joget, ronggeng, or other dramatic
spectacular or operatic performance of any sort whatsoever ;

{h) " Theatre" includes any theatre, room, booth, tent, enclosure,
or other place covered or otherv^ ise open to the public or
any class of the public in which there is carried on any
theatrical performance ;

(c) " Licensing Officer " means the District Officer or such
person as the Resident may, by notification in the Gazette,
appoint to issue licenses under this Enactment within any
specified district or area ;

" License " means a license under this Enactment ; and
" Licensee " means the person to whom a license is given ;

{d) " Grievous hurt " shall have the meaning thereunto assigned
in the Penal Code.

3. It shall not be lawful for any person to open a theatre or License to be
carry on a theatrical performance in a theatre imless he shall first *'^'^*"^®^-
have obtained a license from the Licensing Officer of the district

in which such theatre is situated.

3a. (i) It shall he lawful for the Commissioner of Police to appoint Approval of
in writing under his Jiand for the State or districts sj)ecified in such "^'
appointment a person or persons to whom shall he suhmitted for Fed. e. 7 of 1912.

No. 2 OF 1910.

Particulars in
license.

Refusal of
license.

Withdrawal of
license.

Security.

Appeal.

Penalties.

approval or otherwise all films or other media used or intended to he
used within such State or districts, as the case may he, for the purpose
of giving a cinematographic exhibition or for producing optical
effects and to fix the fees (if any) that may he charged by any such
person or persons 2^rior to granting such approval.

(ii) No licensing officer shall grant a license in respect of any such
exhibition tmless and until all films Or other media, used or intended
to be used at such exhibition, have been approved by the person or
persons appointed for the State or district in respect of which he is
the licensing officer.

4. Upon every license there shall be stated the conditions upon
which it is issued. Such conditions shall set forth amongst other
things the period for which it is in force, the hours during w^hich
the theatre may be kept open, and in theatres not licensed by a
Sanitary Board the maximum number of persons that may be
admitted at any time into the theatre, the number of doors and
exits to be provided, and the precautions to be observed in case
of fire or any sudden panic.

5. The Licensing Officer may in his discretion refuse any applica-
tion for a license, but shall if required furnish the applicant with
the grounds of such refusal in writing.

6. The Licensing Officer may at any time withdraw any license
if, in his opinion, the theatre licensed is a public nuisance, or is an
annoyance to the persons living near or having their place of
work or business near, or if any riot, lottery, unlawful gaming, or
misbehaviour has taken place therein, or if any performance
therein is of a dangerous, indecent, immoral, or improper nature,
or is likely to endanger human life or to cause grievous hurt to
any person, or if there shall have been any breach of the conditions
of the license or any act in contravention of the Sanitary Board
by-laws. The Licensing Officer shall if required furnish the
licensee with the grounds of such withdrawal in writing. Notice
of such withdrawal shall be served on the licensee if he can be
found and shall also be affixed to the theatre.

7. The Licensing Officer may, if in any particular case he shall
think it necessary, require any person, to whom a license is granted,
to give security that the provisions of this Enactment and of the
license granted shall be duly observed.

8. Any person aggrieved by any act or refusal of the Licensing
Ofificer may appeal to the Resident, whose decision shall be final.

9. Every person who shall

(i) open or assist in opening any theatre or carry on or assist
in carrying on any theatrical performance in a theatre
unless a license has been first obtained from the Licensing
Officer ; or

(ii) continue; to carry on or assist in continuing to carry on any
theatrical performance after the Licensing Officer has
withdrawn the license for the same or after such license
has expired ; or

THEATRES.

(iiij commit any breach of the conditions of the license ; or

(iv) commit any breach of any rule under this Enactment ;

shall be liable upon conviction before a Magistrate to a fine not
exceeding five hundred dollars ; provided that no person shall be
deemed to have assisted within the meaning of this section by
reason only of his ha\ang acted or performed in such theatre.

10. It shall be lawful for the Resident, • mth the approval of Huies.
the Resident-General, from time to time to make such rules as
may be necessary to carry out the purposes of this Enactment.
Such rules shall be published in the Gazette and shall thereupon
have the force of law. Without restricting in any way the
generality of the powers conferred by this section, such rules may
provide for

(a) the amount of the fees to be charged in respect of licenses

under this Enactment ;

(b) the form of the license ;

and in theatres outside Sanitar}^ Board limits may further provide
for

{d) the arrangement of doors, exits, and emergency exits ;

(e) the precautions to be observed in cases of fire or any sudden
panic ;

(/) the accommodation to be provided for the audience and
the actors ;

[g) ventilation and sanitation.

11. Nothing in this Enactment contained shall in any way saving powers
affect any power conferred upon Sanitary Boards by Section 4 of of sanitary

'■ The Sanitary Boards Enactment, 1907," to make by-laws for the
control and supervision of theatres not inconsistent with the pro-
visions of this Enactment.

Short title,
commence-
ment, and
repeals.

ENACTMENT NO. 4 OF 1910.

An Enactment to repeal and re-enact with amendments
the Law relating to Burials.

John Anderson,

President of the Federal Council.

[1st November, 1910.
5th December, 1910.]

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows :

1. (i) This Enactment may be cited as " The Burials Enactment,
1910," and shall come into force upon the publication thereof in
the Gazette.

(ii) Upon the coming into force of this Enactment the Enact-
ments mentioned in the schedule shall be repealed to the extent
specified in the fourth column thereof, provided that all licenses
issued and all rules made under the Enactments hereby repealed
shall in so far as they are not inconsistent Avith the provisions of
this Enactment be deemed to have been issued or made under this
Enactment.

No place to be
used for the
Interment or
burning of any
corpse except
under a license
from the
Eesident.

Special permits
in particular
cases.

Form of license
and to whom
licenses may
be issued.

PART I.
BURIALS.

2. (i) No place shall, save as hereinafter in this section provided,
be used for the interment or burning of any corpse except under
a license from the Resident who is hereby empowered, at his dis-
cretion, from time to time to grant or refuse such licenses and to
impose such conditions as he may think fit.

(ii) The Resident may for special reasons in any particular case
by writing under his hand authorize the interment of the corpse
of any person in such writing named in any building or place,
whether licensed or not under the last preceding sub-section,
under such conditions as he thinks necessary for the protection of
the public health and upon payment of such fee not exceeding
one hundred dollars as he may consider reasonable in each case.

3. Every license for the use of a place as a burial or burning
ground shall be in the form prescribed by rules made under this
Enactment and shall be issued to the owner or person having
the control or charge of the burial or burning ground in respect
of which the same is granted, or if there be no registered owner
or other person having the lawful control or charge of such burial
or burning ground then to such ])erson or body of persons as the
Resident shall think fit : provided that the issue of the license to

BURIALS. /

any person or persons shall not be taken to convey or establish any
title to land or to corroborate, qualify, or bar any right thereto.

4. A Sanitary Board may, with the approval of the Resident, Sanitary^Boarcu
provide within the area subject to its control fitting places to burial grounds.
be used as burial or burning grounds, having due regard to

the nationalities and religious usages of the several classes of the
community, and may, Avith the like approval, make rules for the
management of such burial and burning grounds not inconsistent
with any rules made by the Resident, with the approval of the
Resident-General, under this Enactment.

5. Every burial or burning ground provided by a Sanitary pubiic burial
Board and every burial or burning ground in respect of which the ^'^°'^'^ ^•
Resident is satisfied on enquiry that its use is open without dis-
crimination to all members of a particular nationality or of a
particular religious community or to all persons of a particular
nationality who are also members of a particular religious com-
munity shall be deemed a " public burial ground," and no fee

shall be payable in respect of a license issued for such burial or
burning ground, but the license issued shall state the classes to
which the use of such burial ground is open.

6. Every burial or burning ground other than a public burial private burial
or burning ground as defined in the last preceding section shall grounds.

be deemed a " private " burial or burning ground, as the case
may be, and there shall be paid in respect of every license for such
burial ground or burning ground issued under this Enactment a
fee of five hundred dollars.

7. The Resident may at any time on being satisfied that any Po^erto^ciose
burial ground or burning ground cannot be further used v.ithout ^J^'revoke
danger to the public health or comfort, or that the same being licenses.
licensed is being used in contravention of the terms or conditions

of the license, order the same to be closed or may revoke the license.

8. (i) Whoever, save as is provided in Section 2, buries or burns penalty for
or causes, procures, or suffers to be buried or burned any corpse ^[tri."
or the remains of any corpse, or prepares any place to be used for

the interment of a corpse in or upon any place not being a licensed

burial or burning ground, or in or upon any burial or burning ground

which has been closed by order of the Resident under the last

preceding section or the license, for which has been revoked, shall

be liable on conviction before a Magistrate of the First Class to a

fine not exceeding five hundred dollars, and the Magistrate may by Magistrate's

written order under his hand direct such person within a time °^^p^^,*°X°''*

to be fixed in such order juUy buried.

(a) to remove the corpse or remains of the corpse in respect of

which the offence has been committed from the place
Avhere it has been buried or burned to a licensed burial or
burning ground ;

(b) to remove any structure erected in contravention of the

provisions of this section and to restore the ground to
its original state.

Penalty for
disobedience of
-Macjlstratc's
order.

Kxeeption.

Power to make
rules.

8 No. 4 OF 1910.

(ii) If any person refuses or neglects to obey any such order he
shall for such default be liable on conviction to a penalty not
exceeding one hundred dollars together with such further sum not
exceeding twenty-five dollars a day for every day during which
such default shall continue as the Magistrate shall order, and the
Magistrate may proceed to carry the order into execution at the
expense of such person and to hire and employ proper persons for
that purpose and may recover all expenses incurred in carrying
the order into execution in the manner provided by law for the
levy of fines imposed by a Magistrate.

9. Nothing in this Enactment contained shall prevent the
burial or interment in or upon State land, or in or upon any land
belonging to a private person with the consent of such jDcrson,
of any corpse or the remains of a corpse found in an advanced
state of decomposition under an order in Avriting for such burial or
interment made by a Magistrate or by, the Secretary to the Resident.

10. (i) The Resident may, with the approval of the Resident-
General, from time to time make and when made vary or rescind
rules for any of the following purposes — viz.,

(a) to provide for the registration, inspection, and regulation

of jjublic and private burial grounds ;

(b) to prescribe the depth of graves and places of interment

and the space to be reserved between them ;

of burial and burning grounds ;

(d) to prescribe the form in which the register of burials and

burnings shall be kept at each licensed burial or burning
ground, and the particulars with regard to each burial
and burning which shall be entered in such register ;

(e) to prescribe the form of licenses and the form and mode of

publication or service of orders made under this Enactment;

(/) to prescribe the fees, if any, to be taken in any licensed

public burial or burning ground ;
(g) generally to carry out the provisions of this Enactment in
relation to all matters connected with the management,
upkeep, and good order of burial and burning grounds,
due regard being had to the religious usages of the several
classes of the community ;
and may attach to the breach of any such rules a penalty on convic-
tion before a Magistrate not exceeding twenty-five dollars.

(ii) All such rules shall be published in the Gazette and shall
thereupon have the force of law.

PART II.

EXHUMATIONS.

Kxhnmation 11. (i) Exccpt as hereinbefore provided no person shall exhume

I'y'order'o? "'^''^ ^^7 corpsc Or the remains of any corpse other than

undefriioe^n^se. (''(■) ^\V order of a Magistrate for the purpose of a judicial enquiry ;

BURIALS.

(b) under a license granted by the Resident under his hand
authorizing such exhumation.

(ii) The Resident may from time to time, with the approval of the Power to make
Resident-General, make rules to prescribe the form and conditions
of licenses to be issued under this section and the fees payable in
respect of such licenses and generally for carrying into effect the
provisions of this section, and all such rules shall be published in the
Gazette and when so published shall have the force of law.

(iii) Any person who shall exhume or cause to be exhumed any peuaity for
corpse or the remains of any corj)se contrary to the provisions of
this section or of any rules made under the last preceding sub-section,
or who shall neglect to observe any precaution prescribed as a con-
dition of the license to exhume or who shall fail to comply with any
reasonable directions issued to him by a Health Officer for the purpose
of preventing danger to the public health, shall be liable on convic-
tion before a Magistrate to a fine not exceeding two hundred and
fifty dollars.

unlawful
exhumation.

PART III.

GENERAL PROVISIONS.

12. No prosecution shall be instituted under Section 8 or Section sanction of
11 of this Enactment without the previous sanction in writing of the ^f,u^ed*to
Resident or of an officer to whom the power of granting such sanction prosecute.
shall have been delegated by him.

13. The Resident may delegate any of the powers conferred upon Delegation of
him by this Enactment, other than the power of granting licenses powers.
for the exhumation of corpses, to a Sanitary Board to be exercised

within the area subject to its control under such conditions as he
may think fit.

Schedule.
ENACTMENTS REPEALED.

State.

Perak

Selangor
Negri Sembilan
Pahang

No. of Enactment.

Order in Council

No. 1 of 1896
Regulation No.

VII of 1895
Enactment No.

18 of 1904
Enactment No.

12 of 1904

Short title.

Extent of
repeal.

The Burials Order The whole
in Council, 1896

The Burials Regu-
lation, 1895

The Burials Enact-
ment, 1904

ENACTMENT NO. 5 OF 1910.

Short title and
commence-
ment.

Eepeal.

Undertakings
implied in a
charge to
Government.

An Enactment to repeal and re-enact with amendments
the Law for the better securing of Loans made by the
Government on the security of charged Land.

John Anderson,

President of the Federal Council.

[1st November, 1910.
5th December, 1910.]

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

1. This Enactment may be cited as " The Government Loans
Security Enactment, 1910," and shall come into force upon the
publication thereof in the Gazette.

2. The Enactment mentioned in the schedule is hereby repealed.

3. (i) Whenever any land shall after the commencement of this
Enactment be charged to secure the repayment of money to the
Resident-General or to the Government of any of the Federated
Malay States by a charge duly registered under the provisions of
the law for the time being in force relating to the registration of
charges on such land, there shall be implied in such charge, in the
absence of an express stipulation therein to the contrary, the follow-
ing undertakings on the part of the chargor :

(a) that the chargor will faithfully and judiciously use the
moneys secured by the charge for the purposes for which
the same are by the terms of the charge expressed to be
advanced to him, and will not use such moneys for any
other purposes whatsoever ;

(6) that the chargor will pay at the times and in the manner
required by the terms of the charge all amounts accruing
due thereunder, whether by way of interest or otherwise ;

(c) that the chargor will duly comply with all conditions and
obligations attaching to the title for the land charged,
whether in respect of cultivation, building, payment of
rent, or otherwise, and will keep all buildings on the said
land in good repair ;

{d) That the chargor will not transfer to any other person any
portion of his interest in the land charged without the
written consent of the Resident-General or of the Resident,
as the case may be ;

[e] that the chargor will furnish to the Resident-General or to
the Resident, as the case may be, such accounts of
expenditure and other information as may from time to
time be required.

GOVERNMENT LOANS SECURITY. 11

(ii) If the land charged be situated or become situated within the
limits of a township or village, so declared under the provisions of
any law in that behalf, there shall also be impHed in such charge, in
the absence of an express stipulation therein to the contrary, the
following undertaking on the part of the chargor :

(/) that the chargor will duly insure and keep insured, to the
satisfaction of the chargee, all buildings upon the land
charged, except such as may be exempted by agreement,
and will produce to the chargee from time to time upon
demand proper evidence of such insurance.

4. (i) Any such charge as is referred to in Section 3 may be for the Payment ana
securing of an amount paid in full by the lender to the borrower on [nstaiments!'^
the execution of the charge or payable by instalments, and may
provide for the repayment by the borrower of the amount of the loan

by instalments or otherwise.

(ii) When the amount of any loan secured by such charge as
aforesaid is payable by the lender to the borrower by instalments, no
second or subsequent instalment accruing due from the lender to the
borrower shall be payable unless —

(a) the borrower shall have furnished to the Resident-General
or to the Resident, as the case may be, such accounts of
expenditure and other information as may from time to
time be required ;

(6) such i^erson as the Resident-General or the Resident may
from time to time depute to enquire into the matter shall
have certified in wTiting that, in his opinion, the amounts
already advanced have been faithfully and judiciously
expended on the objects for which by the terms of the
charge the loan was expressed to be made, and that further
expenditure is likely to produce satisfactory results ;

(c) the borrower shall have given to every person deputed to
enquire under clause (b) all necessary information and
all reasonable facilities for investigation.

(iii) When the amount of any loan secured by such charge as
aforesaid is payable by the lender to the borrower by instalments
falling due upon dates fixed by the mutual consent of the parties or
specified in the charge, then, if the payment of any such instalment
shall owing to any cause within the control of the borrower be
delayed beyond the date upon which the same falls due, there shall
be payable to the lender by way of interest on such instalment, if
the same be eventually paid to the borrower, the same amount as
would have been payable by way of interest thereon if the said
instalment had been paid to the borrower on the date upon which
the same fell due ; provided that this sub-section shall not apply if
the borrower shall have given notice in writing to the lender not less
than thirty days before the date on which such instalment falls due
that he does not require payment thereof on such date.

5. For the purpose of such charges as are referred to in Section 3 Form of charge.
the forms prescribed by the law applicable to the registration thereof

may be modified so far as may be necessary to adapt them to the

No. 5 OF 1910.

Representatives
ami assigns.

Special provi-
sions relating
to proceedings
in case o£
default.

Recovery by
civil suit.

Procedure on
fall in value of
charged land.

Procedure if
land attached
in execution of
a decree.

provisions of this Enactment, and any special condition or under-
taking may be inserted therein,

6. All undertakings expressed or implied in any registered charge
in favour of the Resident-General or the Government of a State
shall bind the representatives and assigns of the chargor until the
charge is satisfied.

7. Proceedings for the sale of any land in pursuance of any such
charge as is referred to in Section 3 shall be in accordance with the
requirements of the law relating to charges on such land, subject to
the following special provisions :

(a) Default on the part of the chargor or any person claiming

under him in complying with any undertaking expressed
or implied in the cliarge shall be sufficient ground for the
making of an order for the sale of the charged land ;
provided that not less than fourteen days' notice in writing
shall have been given to the chargor or person claiming
under him to make good any such default which is capable
of being made good and the same shall not have been made
good.

(b) An order for the sale of the charged land may direct that

the sale take place at any time not less than fourteen days
from the date of the order.

8. The amount of any moneys secured by a charge such as is
referred to in Section 3 which cannot be recovered by sale of the land
charged shall be recoverable from the chargor or his representatives
by civil suit.

9. (i) If at any time the market value of any land which is subject
to a charge such as is referred to in Section 3 shall not exceed the
amount of the moneys advanced under, secured by, and still out-
standing under such charge, it shall be lawful for the chargee, in the
absence of an express stipulation in the charge to the contrary, by
notice in writing to require payment of the amount secured by the
charge within thirty days from the service of the notice and there-
after, in default of payment, to apply for and obtain an order of sale
of the land charged in the same way as if the chargor had made
default in complying with an undertaking expressed or implied in the
charge.

(ii) An affidavit of the District Officer in charge of the district
where the land charged is situated or of an inspecting officer specially
appointed by the Resident-General or by the Resident stating what
is, in his opinion, the market value of the land charged shall, for the
purposes of sub-section (i), be sufficient proof of such value unless
the chargor shall require that the deponent be called as a witness ; in
which case the chargor shall be at liberty to cross-examine the
deponent and to call other witnesses as to the value of the land.

10. (i) If any land which is subject to a charge such as is referred
to in Section 3 be attached in execution of a decree, the attachment
shall be subject to such charge.

(ii) Such attachment shall immediately be reported to the Resi-
dent-General or the Resident, as the case may be, who may direct

GOVERNMENT LOANS SECURITY. 13

that application be made to the Court for an order that if the land is
sold in pursuance of such attachment it shall be sold free of such
charge and in such case the sum realized by such sale shall, subject
to the claims of persons registered as prior chargees, be applied in
the first place to the payment of all sums secured by the charge.

(iii) If failing such order the land is sold subject to the charge the
Resident-General or the Resident, as the case may be, may require
the purchaser to pay to him within fourteen days the amount of all
moneys secured by the charge, and in default of compliance with
such demand may proceed to recover the same by sale of the land in
the manner provided in Section 7 and the amount of any such moneys
which cannot be recovered by sale of the land shall be recoverable
from the said purchaser or his representative by civil suit.

11. If any land which is subject to a charge such as is referred to Procedure if
in Section 3 shall be sold, under the provisions of any law relating to [he^r^oyery
the collection of land revenue, to recover rent or other revenue due of rent.

to the Ruler of the State, it shall be sold free of the charge and the
purchaser shall be discharged of all liability in respect of the charge,
but an}^ sum realized by such sale in excess of the amount due as
rent or other revenue may, subject to the claims of persons registered
as prior chargees in respect of the same land, be applied in satis-
faction of the amount due under the charge.

12. When land is intended to be charged to secure the repayment charge in
of moneys to the Government of a State, the charge may be R^°dent" ^
expressed to be in favour of the Resident.

13. A discharge of any charge expressed to be in favour of the Discharge.
Resident may be signed by the Secretary to the Resident.

14. In proceedings for the sale of any land in pursuance of a Authority to act
charge to secure the repayment of moneys to the Resident-General io/'saie^o^'"^*
or to the Government of a State, any public officer or other person ciiarged land.
duly authorized in writing in that behalf by the Resident-General

or by the Resident, as the case may be, may make and do all
appearances, applications, and acts necessary to be made or done
by a chargee in such proceedings.

15. Nothing in this Enactment contained shall affect the relative Relative priori-
priorities of persons claiming by virtue of different charges registered unlff^ted^*^^^^
in respect of the same land.

Schedule.
ENACTMENT REPEALED.

Reference No. of Enactment. i Short title.

No. 3 of 1910 (Federal) . . The Government Loans Security

Enactment, 1910

ENACTMENT NO. 6 OF 1910.

As amended by Fed. E. 14 of 1915.

An Enactment for the Prevention of Cruelty to Animals.

Short title
and commence-
ment.

Repeal.

Definition.

Penalty for
cruelty to
animals.

Fed. E. 11 of
1915.

Penalty for
carrying
animals in
cruel manner.

Penalty for
employing'
animal unlit
for luljoiir.

Power of veteri-

nary oMii-ers
and police
of]i<:or.s to
arrest witliout
warrant.

John Anderson,

President of the Federal Council.

[1st November, 1910.
5th December, 1910.]

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

1. This Enactment may be cited as " The Cruelty to Animals
Prevention Enactment, 1910," and shall come into force upon the
publication thereof in the Gazette.

2. Upon the commencement of this Enactment the Enactments
mentioned in the schedule shall be repealed to the extent therein
specified.

3. In this Enactment unless a different intention appears from
the context the word " animal" means any bird, beast, fish, reptile,
or insect, whether wild or tame.

4. Every person who shall cruelly beat, ill-treat, torture, over-
drive, or overload, or cause or procure to be beaten, ill-treated,
tortured, overdriven, or overladen, any animal, and every person
being in charge of any animal in confinement or in course of trans-
port from one place to another who neglects to supply such animal
with sufficient food or water, shall be guilty of an offence, and shall
for every such offence be liable, on conviction before a Magistrate,
to a fine not exceeding one hundred dollars or to imprisonment
of either description for any period not exceeding three months.

5. Every person who shall carry or cause to be carried any animal
in such a manner or position as to subject it to unnecessary pain or
suffering shall be guilty of an offence, and shall for every such offence
be liable, on conviction before a Magistrate, to a fine not exceeding
one hundred dollars or to imprisonment of either description for
any period not exceeding three months.

6. Every person who shall employ or cause to be employed in any
work or labour any animal which in consequence of any disease,
infirmity, wound or sore, or otherwise is^unfit to be so employed
shall be guilty of an offence, and shall for every such offence be
liable, on conviction before a Magistrate, to a fine not exceeding
one hundred dollars or to imprisonment of either description for
any period not exceeding three months.

7. (i) Any Government Veterinary Surgeon, Veterinary In-
spector, or other officer of Government appointed by the Resident
of the State in that behalf and any police officer may arrest without
warrant any person offending in his view against any of the pro-
visions of the last three preceding sections, and any animal in respect
of which and any conversance or article with or by means of which
such offence has been committed may be seized by such officer.

(ii) Any person so arrested shall be forthwith taken to a police
.station. Any animal, conveyance, or article so seized may be taken
to a police station, or in the case of an animal to a pound or to an

CRUELTY TO ANIMALS PREVENTION.

infirmary established under the provisions of this Enactment, and
may, subject to any order made in respect thereof by a Magistrate,
be there detained until the accused has been tried.

8. Within the limits of any Sanitary Board area the powers given |owerof ^^^^^
by the last preceding section to police officers and others may be officefs?
exercised by any Sanitary Board officer appointed in that behalf

by the Chairman of such Sanitary Board.

9. Any officer empowered to arrest without warrant for an offence Power to stop
committed against this Enactment may stop in any street or in anf„fai^Tn'the
any public place any animal in respect of which he may suspect streets.
that an offence has been committed under this Enactment and may

there and then examine such animal.

10. (i) At any place in any State the Resident, and within any Establishment
Sanitary Board area, the Sanitary Board, with the approval of the °nd"J™er'to
Resident of the State, may appoint a suitable place to be an in- make rules and
firmary for animals or for any kind of animal, and may appoint

an officer or officers to manage such infirmary, and may make rules
for the management thereof, and may prescribe the fees to be paid
for the maintenance and treatment therein of any kind of animal
and the fees to be paid for the destruction or burial of the carcass
of any animal treated or detained therein.

(ii) All such fees shall be recoverable in a summary manner by Recovery of
the officer in charge of the infirmary before a Magistrate from the ®^"
owner, keeper, or bailee of the animal, or if the animal is one in
respect of which an offence has been committed and has been sent
to the infirmary by order of a Magistrate from any person con-
victed of the offence.

11. (i) When any person has been convicted by a Magistrate of orders by^a
an offence against any of the preceding sections of this Enactment when
the Magistrate may order —

(a) that the animal in respect of which the offence was com-

mitted be taken to an infirmary and there detained for
any period stated in such order or until released by further
order of a Magistrate or until a Government Veterinary
Surgeon has certified in writing that it may properly be
released ; or

(b) if there is no infirmary to which the animal can conveniently

be taken may order that the animal be not used during
such period as may be stated in such order or until per-
mission to use it has been given by a Magistrate or a
Government Veterinary Surgeon ; or

injured, order that such animal be destroyed forthwith
by or under the direction of a police officer or Government
veterinary officer, and that the cost of burying or other-
wise disposing of the carcass be borne by the person
convicted,
(ii) Any person acting in contravention of any order under this penalty
section shall be liable, on conviction before a Magistrate, to a fine
not exceeding one hundred dollars or to imprisonment of either
description for any period not exceeding three months.

offence haa been
committed.

No. 6 OF 1910.

Liability for
cost of
maintenance
and treatment
of an animal in
an infinnary.

Power of Magis-
trates, Medical
Officers, and
Veterinary
Surgeons to
order de-
struction of
animals.

Recovery of
expenses of
removal and
burial of
animals
destroyed.

No compensa-
tion for destruc-
tion of an
animal in-
curably injured
or diseased or
destroyed at
request of pro-
fessed owners.

Award to in-
former.

(iii) If any animal has been taken to an infirmary under an order
made under this section any person who has been convicted of an
offence in respect of such animal shall be liable to pay the prescribed
fees for its maintenance and treatment for so long as it shall remain
therein ; provided that if the owner of such animal shall request in
writing the officer in charge of the infirmary to destroy such animal
and shall pay to such officer any fee that may be prescribed for
the destruction or burial of such kind of animal, such officer shall
forthwith cause the animal to be destroyed, and no fees shall be
payable in respect of the maintenance or treatment of such animal
for any time subsequent to such request and payment.

12. (i) A Magistrate, Government Medical Officer, or Government
Veterinary Surgeon who has satisfied himself by personal inspection
that an animal is diseased or injured, and that the disease or injurj^
from which the animal is suffering is incurable, may by order in
WTiting direct that such animal be destroyed, and such order may
fo^th^^dth be carried out by or under the direction of such officer
or of any police officer ; provided that if the animal so diseased
or injured be in any house, stable, shed, or enclosure proper for such
animal and not in a public thoroughfare or other public place no
order shall be made until the owner of the animal (if known) or
person in charge thereof (if any) has been duly warned of the state
of the animal.

(ii) If any animal shall be destroyed in pursuance of an order
made under this section the expense of the removal and burial of
the carcass of such animal shall be paid by the owner or person in
charge thereof, and the amount thereof may be recovered from such
owner or person in charge in a summary manner before a Magistrate.
13. No compensation shall in any case be payable to any person
in respect of the destruction of any ammal in pursuance of an order
made under Section 11 or Section 12 by a Magistrate, Medical Officer,
or Government Veterinary Surgeon or in compliance with a request
in writing addressed to an officer in charge of an infirmary as pro-
vided in Section 11 by any person professing to be the owner of such
animal ; provided in the last case that the officer in charge of the
infirmary in good faith believed that the person making the request
was in fact the owner.

14. The Court by which any fine is imposed by virtue of this
Enactment may award any portion not being more than half thereof
to the informer.

Schedule.

ENACTMENTS REPEALED.

State.

No. and
year.

Short title.

Extent of
repeal.

Perak

9 of 1904

The Cruelty to Animals
Prevention Enactment,
1904

The whole

Selangor

10 of 1904

Negri Sembilan

9 of 1904

Pahang

6 of 1904

>> >)

))

ENACTMENT NO. 8 OF 1910.

An Enactment to provide for the taking of a Census from
time to time.

John Anderson, [1st November, 1910.

President of the Federal Council. 5th December, 1910.]

Whereas it is expedient to provide for the taking of a census Preamble,
from time to time and at convenient times :

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

1. (i) This Enactment may be cited as " The Census Enactment, short title,
1910," and shall come into force upon the publication thereof in the and repeal.
Gazette.

(ii) Upon the coming into force of this Enactment the Enactments
mentioned in the schedule hereunto annexed shall be repealed to the
extent specified in the fourth column thereof ; provided that any
person appointed under the Enactments hereby repealed, and holding
office at the commencement of this Enactment, shall be deemed to
have been duly appointed under this Enactment.

2. (i) It shall be lawful for the Resident-General to appoint from Resident-

• 1 • r. • • i/-( ,^, T_j.i General may

tune to time, by notification ni the Gazette, that a census be taken appoint takm-
throughout the Federated Malay States at such time as shall be "f census,
specified in such notification.

(ii) It shall be lawful for the Resident in each State to appoint Resident may
from time to time, by notification in the Gazette, that a census be oFcensusfor""
taken in such State at such time as shall be specified in such each state.
notification.

3. (i) The Resident-General may, by notification in the Gazette, Resid^ent-^
appoint an officer to be called the " Superintendent of Census, appoint '"'^'^
Federated Malay States." to supervise the taking of a census, and ^j^'gfX^s!"'^^''*
at any other time appoint some other in his place or appoint an}'^

person to act temporarily for such Superintendent.

(ii) In each State the Resident may, by notification in the Gazette, Resident^may^
appoint any person to be the deputy to the Superintendent of Census .superin-
in and for such State. *''''^'°*-

4. (i) The Resident-General may from time to time make rules — Resident-

^ ' "^ General may

(a) to prescribe the duties of census officers ; make rules.

(6) to prescribe the particulars regarding which, the persons

from whom, and the mode in which, information shall be

obtained for the purposes of the census ;
II— 2 17

No. 8 OF 1910.

District Officer
and Chairman
of Sanitary
Board to be
Assistant
Superinten-
dents.

Appointment of
aupervisors and
enumerators.

Who are census
officers.

Occupier to
allow access and
permit affixing
of numbers.

Questions by
census officers.

Schedule to
be left at dwell-
ing houses and
filled in by
occupier.

Superintendent of Census for the purpose of being filled
in with the information to be obtained ;

(d) to prescribe the form of requisition to be addressed to

employers of labour under Section 13 ; and

(e) generally to give effect to the provisions of this Enactment,
(ii) Such rules shall be published in the Gazette, and shall when so

published, until revoked by the like authority, have the force of
law.

5. The District Officers shall be the Assistant Superintendents
of Census for their respective districts outside the limits of Sanitary
Board areas and the Chairman of every Sanitary Board shall be
the Assistant Superintendent of Census for all areas subject to the
control of such Sanitary Board ; provided that the Resident of each
State may appoint any other person to be the Assistant Super-
intendent for any specified area in such State.

6. An Assistant Superintendent of Census may by writing under
his hand appoint such supervisors, enumerators, and other officers
as he may consider necessary to supervise or take or aid in the taking
of the census within any specified area, and may at any time revoke
such appointments.

7. Every person appointed under Section 3, or Section 5, or
Section 6 of this Enactment and every Assistant Superintendent of
Census shall be a census officer within the meaning of this Enact-
ment, and shall be deemed a public servant within the meaning of
the Penal Code.

8. Every person occup5dng any land, house, enclosure, vessel, or
other place shall allow any census officer such access thereto as,
having regard to the customs of tlie country, may reasonably be
considered necessary for the purposes of the census, and shall allow
him to paint, mark, or affix on or to the property in the occupation
of such person, such letters, marks, or numbers as the Superintendent
of Census may deem necessary for the purposes of the census.

9. Every census officer may ask all such questions of all persons
within the limits of the area for which he is appointed as may be
necessary to obtain the information Required for the purposes of
the census, and every person of whom any such question is asked
shall be bound to answer such question to the best of his knowledge
and belief.

10. (i) Any census officer may leave or cause to be left a schedule
in the prescribed form at any dw(!lling-house within the area for
which he is appointed to be filled in by the occupier of such dwelling-
house or of any specified part of such dwelling-house.

(ii) When any such schedule has been so left, the occupier of the
house or part of a house to which it relates shall fill it in or cause it
to be filled in, to the best of his knowledge and belief, in respect of
the inmates of such house or part of a house, as the case may be, at
th(! time of the taking of the census, and shall if so required sign his
name to such schedule, and shall on demand deliver the schedule

CENSUS.

so filled in to an enumerator or supervisor for the area within
which the house is situated or to such other person as the
Assistant Superintendent of Census for the district or other area
may direct.

11. (i) An Assistant Superintendent of Census may deliver or schedule to be
cause to be delivered to— andm'ed in by

(a) every person in charge of a lunatic asylum, hospital, work- deeper of pnson,
house, prison, police station, reformatory, lock-up, or of
any public, charitable, religious, or educationalinstitution ;
or to

(6) every keeper, secretary, or manager of an hotel, boarding-
house, lodging-house, or club,

a schedule in the prescribed form to be filled in in respect of the
persons who at the time of the taking of the census are in or upon
such premises.

(ii) The person to whom the schedule is so delivered shall fill in
or cause the same to be filled in, to the best of his knowledge and
belief, so far as regards the inma.tes of such lunatic asylum, hospital,
workhouse, prison, police station, reformatory, lock-up, or public,
charitable, religious, or educational institution, or such hotel,
boarding-house, lodging-house, or club at the time aforesaid, and
shall sign his name thereto, and when so required shall deliver the
schedule so filled in and signed to an enumerator or supervisor
appointed for the area within which such building is situated, or
to such other person as the Assistant Superintendent may direct.

12. The Superintendent of Census shall obtain by such ways Enumeration of
and means as shall appear to him best adapted for the purpose the navaHorcw
information required by this Enactment or the rules made there- travellers, etc
under with respect to —

(a) any military force or any body of men belonging to a vessel
of war ; and

(/>) all persons who during the time appointed for the taking
of the census may be travelling, or on shipboard, or for
any other reason not abiding in any house, of which
account is to be taken by the census officers as aforesaid,

and shall include such information in the abstracts to be made by
him as hereinafter provided,

13. (i) Every employer of ten or more labourers who reside upon Employers of
any agricultural estate, or mining property, or in any factory, or labour may be
workshop shall, upon receipt of a written requisition in the prescribed enumerators.
form signed by an Assistant Superintendent of Census be bound to

act as enumerator in respect of all persons employed or residing
upon or in such estate, mining property, factory, or workshop.

(ii) Every such employer shall cause to be filled in in respect of
such labourers and such other persons as aforesaid the schedules
delivered to him for such purpose, and shall deliver such schedules
filled in to the best of his knowledge and belief to the supervisor
appointed for the area within which the premises are situated, or
to such other person as the Assistant Superintendent may direct.

No. 8 OF 1910.

Government
servants to
assist iu taking
census.

Schedules and
returns to be
delivered by
enumerator to
supervisor and
forwarded to
Superintendent.

Abstract to be
made and
published.

Offences by
census officers.

Penalties.

14. All Government servants shall be bound to assist in the work
of taking the census when so required by the Superintendent of
Census or by an Assistant Superintendent.

15. Every enumerator shall deliver to the supervisor of the area
for which he is appointed all schedules and all such returns as may
be required by the Superintendent of Census on a day to be appointed
for that purpose by the xlssistant Superintendent for the district or
other area and it shall be the duty of such supervisor to verify them
and to transmit them forthwith to the Assistant Superintendent
who shall upon the receipt of such schedules and returns forthwith
forward the same to the Superintendent of Census.

16. The Superintendent of Census shall upon receipt of the
schedules and returns cause an abstract to be made of the same
for each State and an abstract for the whole of the Federated
Malay States, and such abstracts shall be printed and published
for general information.

17. Any census officer and anj' person employed by the Super-
intendent of Census in the preparation of the abstracts to be made
by him under the last preceding section who —

(a) Avithout sufficient cause, refuses or neglects to comply Avith
any instructions or requisitions addressed to him by the
Superintendent of Census or an Assistant Superinten-
dent, or fails to use reasonable diligence in performing
any duty imjDosed on him ; or

(6) wilfully puts an offensive or improper question, or knowingly
makes any false return ; or

{d) wilfully discloses any information which has come to his
knowledge in the course of his duty as such,

shall be guilty of an offence and liable on conviction to a fine not
exceeding one hundred dollars or to imprisonment of either descrip-
tion for a term not exceeding one month.

18. Any person who — ^

(a) refuses to answer, to the best of his knowledge and belief;
any question asked of him by a census officer which he
is legally bound so to answer ; or

{b) makes, signs, delivers, or causes to be made, signed, or
delivered any wilfully false or incorrect schedule, state-
ment, or return ; or

(c) refuses to allow a census officer such reasonable access to
any house, land, enclosure, vessel, or other place as he is
required by this Enactment to allow ; or

{d) removes, obliterates, alters, or injures before the expiry of
one month from the time of taking the census, any letters,
marks, or numbers which have been painted, marked, or
affixed for the purposes of the census ; or

CENSUS.

(e) refuses or neglects to comply Avdth any provision of this
Enactment or of any rule made thereunder,

shall be guilty of an offence and liable on conviction to a fine not
exceeding one hundred dollars or to imprisonment of either descrip-
tion for a term not exceeding one month.

19. No prosecution shall be instituted under this Enactment No prosecution
without the previous sanction, in writing, of the Resident of the ^onof*^^"^
State in which it is to be instituted. Resident.

20. No entry in any book, register, or record made by a census census records
officer or by any other person in the discharge of his duty under "^ evl^nS*''"
this Enactment shall be admissible as evidence in any civil or
criminal proceeding, save and except a prosecution instituted under

this Enactment in respect of such entry against the person who
made, signed, or delivered the same, or caused the same to be
made, signed, or delivered.

21. (i) No action shall be brought against any person for anything provision for
done, or bond fide intended to be done, in the exercise or supposed officws.'°'^°^
exercise of any powers given or in the performance of any duty
imposed on him by this Enactment —

(a) without giving to such person one month's previous notice

in writing of the intended action and of the cause thereof ;

(b) after the expiration of three months from the date of accrual

of cause of action ;

(ii) In every action so brought it shall be expressly alleged that
the defendant acted either maliciously or negligently and without
reasonable or probable cause, and if at the trial the plaintiff shall
fail to prove such allegation, judgment shall be given for the
defendant.

(iii) Though judgment shall be given for the plaintiff in any such
action, such plaintiff shall not have costs against the defendant
unless the Court, before which the action is tried, shall certify its
approbation of such action.

Schedule.
ENACTMENTS REPEALED.

State.

Perak. .

Selangor
Negri Sembilan
Pahang

No. and
year.

1 of 1891

14 of 1900

15 of 1900
5 of 1901

Short title.

Census Order in Council,

1891
Census Enactment, 1900
Census Enactment, 1900
Census Enactment, 1901

Extent of
repeal.

The whole

ENACTMENT NO. 10 OF 1910.

Short title and

commence-

meut.

Repeal.

luterpretation.

Warrant of
arrest and order
of banishment
or to give
security.

As amended by Fed. E. 9 of 1914 and 12 of 1918.

An Enactment to repeal and re-enact with amendments
the Law relating to Banishment.

John Anderson,

President of the Federal Council.

[1st November, 1910.
5th December, 1910.]

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

1. (i) This Enactment may be cited as " The Banishment
Enactment, 1910," and shall come into force upon publication
thereof in the Gazette.

(ii) Upon the coming into force of this Enactment " The Federal
Banishment Enactment, 1909," shall be repealed.

2. In this Enactment, unless the context otherwise requires —

" Malay State " means any one of the States of Perak, Selangor,
Negri Sembilan, Pahang, Kedah, Perils, Kelantan, Trengganu, and
Johore.

The words " the State " are to be read as meaning the State
in which the acts authorized to be done or the powers conferred
by the section in which the words occur have been or are to be
done or exercised, and the words " the Resident " and " the Chief
Police Officer " as meaning the Resident and the Chief Police
Officer, respectively, of that State.

3. (i) Whenever it shall appear to the Resident of any of the
Federated Malay States after such enquiry as he may deem necessary
or on the written information of the Secretary for Chinese Affairs,
Federated Malay States, or in his absence from the State of the
officer appointed by him to submit such written informations on
his behalf in the State, or of the Chief Police Officer, the Superin-
tendent of the Convict Establishment 9r a District Superintendent
of Prisons that there are reasonable grounds for believing that the
banishment from the State of any person in the State is necessary
for the safety, peace, or welfare of the State or of any other Malay
State or that it is expedient that such person be required to execute
a bond for his good behaviour the Resident shall issue an order for
the arrest and detention, or if he is already in prison for the deten-
tion, of such person and shall lay before the Ruler of the State a
written statement of the grounds upon which it so appears to him,
and the Ruler of the State may thereupon, with the advice and
consent of the Resident, order that such person be banished from
the State, or may with the like advice and consent order that such
person do before a day to be named in the order execute a bond
with sureties for his good behaviour in such amount and for such
period as may be fixed by such order.

BANISHMENT. 23

(ii) Banishment under this section may be either for the life of Term of banish-
the person banished or for a term to be stated in the order. ™®°''

(iii) If any person ordered to give security for his good behaviour Banishment on
under the provisions of this section does not give such security, security? ^"^
to the satisfaction of the Resident, before the day named in that
behalf in the order or such later day as the Resident may appoint,
he shall be banished from the State for such period as the Ruler of
the State, with the advice and consent of the Resident, shall think
fit.

4. (i) The warrant of arrest and detention or of detention and Form oi

the order of banishment made under the last preceding section Trrest and order

shall be in one of the forms A and B, respectively, contained in the of banishment.
schedule to this Enactment.

(ii) The warrant of arrest and detention may, if endorsed to ExecuUon^of

such effect by the Resident of any other State, be executed in TrTestln"

such other State. another state.

(iii) If any person for whose arrest and detention a warrant has Proclamation
been issued in accordance with the provisions of this Enactment ^gnt.
absconds or conceals himself so that such warrant cannot be exe-
cuted, he may be proclaimed and his property may be attached
by any Court on the application of the Chief Police Officer of any
State in which he has property in the manner prescribed by any
law for the time being in force for the proclamation of persons
absconding to evade execution of the warrant of a Criminal Court
and for the attachment of the property of such persons.

5. No order of banishment made under this Enactment shall be order of banish-
carried into effect until a warrant of execution of such order, wnich ^rried°nto ^"^
shall be in the form C in the schedule, has been issued by the eff^ctjintii after
Resident, nor until after the expiration of ten days from the date

of such order.

6. (i) When in any State of the Federated Malay States an order pereon banished
of banishment has been made under this Enactment against any ^"fore'the"
person, such person shall before the warrant of execution of such Resident.
order is issued be taken before the Resident, who shall inform him

of the period for which he is banished and warn him that he is
forbidden by law to return to the State or to enter or reside in any
other Malay State except as specially provided in the order of
banishment or (unless such person is a natural-born subject of His
Britannic Majesty) to enter or reside in the Colony.

(ii) A copy of the order of banishment in English, and also, if copy^ofordw^
possible, in the language of the person banished shall be handed by tobe°siven.
the Chief Police Officer to every such person.

7. Subject to the provisions of. Section 5 an order of banishment o^/„t'mId,^"n'^-
mav be carried into effect in any State and at any time after the one state may

V . , , p , • 1 • • j; be carried into

making thereof so long as it remains in lorce. efifectin

another.

8. (i) Every order of banishment made under this Enactment Execution of
shall be carried into effect in the manner hereinafter in this section ^'^^-gifi^ent.
provided.

(ii) On production of such order and of the warrant of execution
of such order to the District Superintendent of Prisons in whose

No. 10 OF 1910.

E. 12 of 1918.

Persons
banishcfl from
the Colony or
any Malay State
prohibited
from onterinf,'
any of tlie
FcfJerated
Malay States.

charge the banished person is, the banished person shall be handed
over by the District Superintendent of Prisons, or by some person
appointed by such District Superintendent in that behalf, to the
Chief Police Officer or a police officer appointed by the Chief Police
Officer to receive him, and shall he conveyed m cvsfody of svch or
some other police officer either

(a) by raihvay and ship or boat to some port of the Colony, or

(b) to a. port of the State and thence by ship to some other port

of the Federated Malay States or to some port of the Colony
for removal thence, either direct or by transhipment at some port of
the Federated Malay States or of the Colony, to the country of which
he is a natural born subject, or elsewhere if so stated in the warrant,
in such manner as the Chief Police Officer shall direct. The ship in
which the banished person is conveyed in custody vnder this section
shall, vnless the banished person is a subject of any of the Rulers of
the Federated. Malay States, be a ship belonging to the said Riders or
to any of them or to His Britannic Majesty or to any of their respec-
tive subjects.

(iii) Provided that if it shall appear to the Chief Police Officer
that the banished person may more conveniently or expeditiously
be sent to the destination stated in the warrant by being placed
on board a ship at some other port in the Federated Malay States,
the Chief Police Officer may, on receipt of an order from the
Resident authorizing him so to do, cause the banished person to
be conveyed into and handed over to the custody of the police
in the State in which such other port is situated, together with
the order of banishment and the warrant of execution of the
same, and upon this being done such order of banishment and
warrant shall be read as if such order had been made by the Ruler
of such other State and such warrant had been issued by the
Resident of such other State and addressed to the Chief Police
Officer and other police officers in such other State, and the order
of banishment shall be carried into effect in such other State
accordingly.

(iv) Any banished person brought into any State in pursuance
of the provisions of sub-section (iii) or arriving at a port in any
State for transhipment as provided in sub-section (ii) may lawfully
be detained by the police in such State or received into and de-
tained in any civil prison in such State^ until he can be placed on
board a ship bound for his port of destination or a port in the
Colony.

(v) The order to convey a banished person into another State
provided for in sub-section (iii) shall not be made by the Resident
until the consent of the Resident of such other State has first
been o})taincd.

9. All persons lawfully banished from the Colony or from any
Malay State are hereby, unless it is otherwise specified in the
order of banishment, prohibited from entering or residing in any of
the Federated Malay States so long as the term for which they
were banished has not expired or the order of banishment has not
been cancelled or revoked whether such order shall have been
carried into effect as provided in the last preceding section or not.

BANISHMENT.

iSanction for
prosecutiou.

10. (i) Any ])erson found to have entered or to be residing in Procedure in
any of the Federated Malay States without lawful authority and Z''entlHnl°''~
in contravention of the prohibition contained in Section 9 may,
whether an order of banishment has been made against him in

such State or not, either be —

(a) forthwith removed from the State in which he is found by

order of the Resident of such State in the manner pro-
vided in Section 8 ; or
(6) prosecuted before the Court of a Judicial Commissioner on
a charge of contravening the provisions of Section 9.

(ii) No jirosecution shall be instituted under this section without
the previous sanction in writing of the Resident of the State in
\vhich it is to be instituted.

(iii) Ari7j person so prosecuted shall on a first conviction be sen- Penalty.
tcnccd to rigorous imprisonment as follows: e. oofioii.

(«) if the term for which such person was banished be less than
five years, the term of imprisonment shall be equal to the
term of the banishment ;

(b) if the term for which such person was banished be five years

or more, the ter7n of imprisonment shall be five years.

(iv) Any person convicted under this section who shall have been
previously convicted in the Federated Malay States of unlaivfully
entering or residing in the said States or any of them after having
been Icnvfully banished therefrom or from the Colony or from any
Malay State shall be sentenced to rigorous imprisonment for a term of
fifteen years.

11. (i) Any person who knowingly conceals or harbours any couceaiinfj o
person whose banishment has under this Enactment been ordered harbourinij

1 ■ 1 ■ rr 1 11-1 banished

but not yet carried into eiiect, and any person who knowingly con- person.
ceals or harbours any person who, having been lawfully banished
from the Colony or from a Malay State, unlawfully enters or
resides in any of the Federated Malay States before the term of
banishment ordered has expired, shall be guilty pi an offence and
shall be liable on conviction to fine not exceeding five hundred
dollars or to imprisonment of either description for any period
not exceeding six months.

(ii) Sub-section (i) shall not ajDply to the case of a wife harbour- Exception.
ing or concealing her husband, or to the case of a husband har-
bouring or concealing his wife.

(iii) Any person aware of the presence in any of the Federated nutyofaii
Malay States of any person, not being the husband or wife of such fjformltkjn'of
first-mentioned person, whose banishment has under this Enact-
ment been ordered but not yet carried into effect, or of the presence
in any of the Federated Malay States of any person, not being
the husband or wife of such first-mentioned person, who, having
been lawfully banished from the Colony or from a Malay State,
has unlawfully entered or resided in any of the Federated Malay
States before the time of banishment ordered has expired, and
being aware also of the making of the order of banishment, shall,
in the absence of reasonable excuse, proof whereof shall lie on

presence of

banished

person.

No. 10 OF 1910.

Proof of
banishment.

Arrest on
suspicion.

Presumption.

No banishment
except under
this Enactment
or the Penal
Code.

Power to cancel
order of banish-
ment.

Power to
prescribe new
forms.

Provisions for
protection of
otEcers.

him, forthwith give information to the nearest Magistrate or
pohce officer, and in default of so doing shall be liable on convic-
tion to fine not exceeding two hundred and fifty dollars or to
imprisonment of either description for any period not exceeding
three months.

12. For the purpose of any prosecution under this Enactment
any order of banishment purporting to be issued by the Governor
of the Straits Settlements in Council, or purporting to be issued
by the Ruler of a Malay State and to be signed by the Resident
of that State, or by any British officer serving in that State as
Adviser to the Ruler thereof or as British Agent or in the like
capacity, shall be sufficient proof of the fact and date of such
banishment.

13. Any police officer may arrest without warrant any person
reasonably suspected of being in any of the Federated Malay
States in contravention of the provisions of Section 9, and such
person may be detained in any prison by order of a Magistrate
pending receipt of the Resident's instructions.

14. In any prosecution under this Enactment if it is proved
that any person has voluntarily remained in any of the Federated
Malay States for more than twenty-four hours the Court shall
presume, until the contrary is shown, that such person has resided
therein.

15. (i) No person shall be banished from any of the Federated
Malay States otherwise than in accordance with the provisions of
this Enactment or of Section 55 of the Penal Code.

(ii) Any order of banishment made under this Enactment may
at any time be revoked or cancelled by the authority by which
it was made.

16. The Resident-General may from time to time by order pub-
lished in the Gazette prescribe forms to be used under this Enact-
ment in addition to the forms contained in the schedule, and may
by like order direct that another form be used either in all cases
or in certain specified cases in substitution for any one of the
forms A, B, and C contained in the schedule, and upon the pub-
lication of any such order in the Gazette the form prescribed in
such order shall be deemed to be, in the cases in which its use is
prescribed, the form A or B referred to in Section 4 or the form C
referred to in Section 5 of this Enactment, as the case may be.

17. (i) No action shall be brought against any person for any-
thing done, or bond fide intended to be done, in the exercise or
supposed exercise of powers given by this Enactment —

(a) without giving to such person one month's previous notice
in writing of the intended action and of the cause thereof ;

(6) after the expiration of three months from the date of the
accrual of cause of action ;

(ii) In every action so brought it shall be expressly alleged that
the defendant acted either maliciously or negligently and without

BANISHMENT. 27

reasonable or probable cause, and if at the trial the plaintiff shall
fail to prove such allegation, judgment shall be given for the
defendant.

(iii) Though judgment shall be given for the plaintiff in any
such action, such a plaintiff shall not have costs against the
defendant unless the Court before which the action is tried shall
certify its approbation of the action.

Schedule.

Form A (1).

FEDERATED MALAY STATES.

State of .

WARRANT OF ARREST AND DETENTION.

(" The Banishment Enactment, 1910," Section 3.)

To the Chief Police Officer and all other Police Officers in the
State, and to the District Superintendent of Prisons for the District
of

Whereas it appears to me in accordance with the provisions of
Section 3 of " The Banishment Enactment, 1910," that there are
reasonable grounds for believing that the banishment of
from the State is necessary for the safety, peace, or welfare of the
State, (a) [or of other of the Malay States — to wit, the State(s) of
]:

Now you, the said Police Officers, are hereby directed to arrest
the said wherever he may be found in the State and to

convey him to the District Prison at ;

And you, the said District Superintendent of Prisons, are hereby
directed to detain the said in safe custody in the Civil

Prison at until you shall receive further orders through me.

Given under my hand this day of 19 at

British Resident.
(a) The words in brackets are to be omitted if not required.

Form A (2).
FEDERATED MALAY STATES.

State of .

WARRANT OF DETENTION.

(•• The Banishment Enactment, 1910," Section 3.)

To the District Superintendent of Prisons for the District of

Whereas it appears to me in accordance with the provisions of
Section 3 of " The Banishment Enactment, 1910," that there are

28 No. 10 OF 1910.

reasonable grounds for believing that the banishment of at

present detained in the prison at from the State is necessary

for the safety, peace, or welfare of the State (a) [or of other of the
Malay States — to wit, the State(s) of ] :

Now yon, the said District Superintendent of Prisons, are hereby
directed to detain the said in safe custody in the Civil

Prison at until you shall receive further orders through me.

Given under my hand this day of 19 at

British Resident.

(a) The words in brackets are to be omitted if not required.

Form A (3).
FEDERATED MALAY STATES.

State of .

WARRANT OF ARREST AND DETENTION.

(" The Banishment Enactment," 1910, Section 3.)

To the Chief Police Officer and all other Police Officers in the
State, and to the District Superintendent of Prisons for the District
of

Whereas it appears to me in accordance with the provisions of
Section 3 of " The Banishment Enactment, 1910," that it is ex-
pedient that be banished from the State or be required to
execute a bond for his good behaviour :

Now you, the said Police Officers are hereby directed to arrest
the said wherever he may be found in the State and to

convey him to the District Prison at ;

And you, the said District Superintendent of Prisons, are hereby
directed to detain the said in safe custody in the Civil

Prison at until you shall receive further orders through me.

Given under my hand this day of 19 at

*' British Resident.

Form B.

FEDERATED MALAY STATES.

State of .

ORDER OF BANISHMENT.

(" The Banishment Enactment, 1910.")

It is hereby ordered by the Ruler of the State of in

accordance with the provisions of '" The Banishment Enactment,
1910," that for whose [arrest and] detention a warrant was

issued under th(! said Enactment by the Resident on the day
of 19 under Section 3 of the said Enactment be banished

BANISHMENT. 29

and the same is hereby banished from the State of for

.1 . p his natural life.

the term of .:.years from this dat¥.

Given under my hand this day of 19 at

British Resident.
Form C.
FEDERATED MALAY STATES.
WARRANT TO EXECUTE ORDER OF BANISHMENT.

(" The Banishment Enactment, 1910," Section 5.)

To the District Superintendent of Prisons for the District of
and to the Chief Police Officer and all other Police Officers in the
State :

Whereas by an order of banishment made in accordance with the
provisions of '" The Banishment Enactment, 1910," and dated the
day of 19 , late of but now detained

under a warrant issued under the provisions of the said Enactment
and dated the day of 19 in the prison at has

been ordered to be banished from the State for the term of :

Now I do hereby direct you, the said District Superintendent
of Prisons, to deliver the body of the said into the custody

of the Chief Police Officer or other Police Officer authorized in
writing by him together with this warrant ;

And I do hereby direct you, the said Chief Police Officer, or other
Police Officer authorized in "UTiting by the Chief Police Officer, to
receive the said into your custody and to cause him to be

conveyed to and there placed on board a ship bound for

or if there be no ship bound for such place on which he can con-
veniently be placed, then, in such case, on board a ship bound to a
port in the Colony or the Federated Malay States at which he can be
transhipped to a ship bound for such place and to see him removed
from the State on board the ship on which he is so placed ;

And I do further direct you, the said Chief Police Officer, to return
this warrant to me within the space of days, showing b}'' an

endorsement made hereon its due execution and the port at which
the ship by means of which and the officer by whom it has been
so executed.

Given under my hand this day of 19 at

British Resident.

ENACTMENT NO. 13 OF 1910.

An Enactment to impose a Duty on certain Bills of Lading
and to protect Shippers of Goods from excessive
charges and undue restrictions.

John Anderson, [3rd November, 1910.

President of the Federal Council. 1st January, 1911.]

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

Short title ^' "^^^^ Enactment may be cited as " The Freight and Steamship

Enactment, 1910," and shall come into force on the 1st day of
January, 1911.

Interpretation. 2. In tliis Enactment unless the context otherwise requires —

" Bill of lading " includes every document issued by or on behalf
of a steamshii) owner evidencing a contract for the carriage of goods
by sea from any port in the Federated Malay States and every
document being the sole or principal acknowledgment by or on
behalf of a steamship owner of the receipt of goods for the purpose
of such carriage, but does not include a document relating exclu-
sively to the carriage of goods otherwise than by a steamship.

" Freight " means the reward paid or payable to a steamship
owner for the carriage and delivery of goods by steamship.

" Goods " includes merchandise, agricultural and mineral
products, manufactured articles, and movable property of every
description.

" Steamship " does not include any vessel whose gross tonnage is

less than 500 tons.

" Steamship owner " means a person owning a steamship used or
intended to be used for the carriage of goods from any port in the
Federated Malay States to any other place, and includes a person
having under the terms of a charter-party the control of such a
steamship and also a person being or acting as an agent for a steam-
ship owner.

" Treasurer " means the State Treasurer of any State in which a
bill of lading is issued or used.

Duty on biiifl of 3. Subjcct to the provisious of this Enactment there shall be paid

'*'^"'^'- to the Treasurer or to tlic officer in charge of the nearest sub-Treasury

in respect of every bill of lading issued after the commencement of

this Enactment a duty the amount whereof shall be equal to twenty

per cent, or such higher or lower percentage as may from time to

FREIGHT AND STEAMSHIP.

time be prescribed by the Resident-General by notification in the
Gazette of the total amount paid or payable or paid and payable to
the steamship owner as freight under or in respect of such bill of
lading ; provided that the duty to be paid under this section shall
not in the case of any bill of lading be less than one hundred dollars
or such other sum as may be from time to time fixed by the Resident-
General in like manner as aforesaid.

4. The duty imposed by Section 3 shall accrue due from the Liability for

1 iiicpi ii'iii!ij- •• 1 duty: time of

steamship owner by or on behalf of whom the bill oi lading is issuea, payment.
and every person who as agent for a steamship owner issues any bill
of lading shall also be liable for the payment of the said duty thereon.
The said duty shall be paid by the person liable therefor to the
Treasurer or to the officer in charge of the nearest sub-Treasury
without demand within the seven days next following the issue of
the bill of lading in respect of which such duty has accrued due,
or within such other time as may be prescribed by rule under
Section 15.

5. Every steamship owner who shall issue any bill of lading shall ^*^^'^''\^^*^°
clearly set forth therein the total amount of the freight paid or
paj^able or paid and payable to the steamship owner thereunder or

in respect thereof, and shall within twenty-four hours of the issue
of the bill of lading cause a true copy thereof, authenticated by his
signature or in such other manner as may be prescribed, to be
delivered to the Treasurer or to the officer in charge of the nearest
sub-Treasur3\

6. Every steamship owner shall on demand produce for the inspection of
inspection of the Treasurer or of any person authorized by the
Treasurer in wTiting in that behalf every book, document, and other

record in his possession wherein any particulars relating to the issue
of or contents of any bill of lading are contained or recorded.

7. Every steamship owner shall in respect of the obhgation to common
carry goods tendered to him for carriage be deemed a common
carrier and shall be bound to receive such goods from any person
offering reasonable freight for their conveyance and to convey the
same by the earliest available opportunity without unnecessary
deviation or delay to such port, being one of the ports at which the
vessels of such steamship owner ordinarily call as shall be designated

by the consignor of such goods and there deliver them without
further charge in respect of conveyance by sea to the consignee.

8. (i) If proof shall be furnished to the satisfaction of the f^^^|^°?„3 3^
Resident-General that a steamship owner is not a party to any 4, 5,6, and?.
agreement or understanding designed for or having the effect of
maintaining rates of freight at an unduly high level or regulating

or controlling rates of freight in a manner injurious to the trade of
the Federated Malay States, a notification thereof shall be published
in the Gazette and thereupon such steamship owner shall, in respect
of steamships OAATied by him or whereof he has the control under the
terms of a charter-party but not in respect of steamships whereof he
is the agent only, be exempt while such notification remains in force
from the operation of Sections 3, 4, 5, 6, and 7 with effect from such
date as may be specified in the said notification.

No. 13 OF 1910.

Disposal of duty
paid.

Recovery by
shipper o£
percentage
of freight.

(ii) The Resident-General may at any time rescind any such
notification on such evidence as may appear to him sufficient to
prove that the steamship owner named in such notification has
become a party to any such agreement or understanding as is
referred to in sub-section (i).

(iii) Such proof and such notification as are referred to in sub-
section (i)may be furnished and published, respectively, at any time
after the passing of this Enactment, but so that no such notification
shall be of any effect until this Enactment has come into force. Any
such notification published prior to the commencement of this
Enactment may also be rescinded prior to the commencement
thereof.

(iv) For the purpose of enquiring into any proofs furnished under
the provisions of sub-section (i) the Resident-General or any person
authorized in that behalf by him may administer oaths and
affirmations.

9. (i) All sums paid on account of the duty imposed by Section 3
shall be placed by the Treasurer to the credit of a fund which shall be
under the management and control of a committee of three persons
with power to expend and otherwise dispose of the moneys standing
from time to time at credit of the said fund subject to the approval
of the Resident-General in any manner which maj^ in the opinion of
such committee or of a majority thereof tend to promote the pur-
poses of this Enactment ; provided that if within such period as
may be prescribed by rule under Section 15 proof shall be furnished
to the satisfaction of the Resident-General that the person appearing
from any bill of lading on which duty has been paid under this
Enactment to have shipped the goods to which such bill of lading
relates is not a party or the agent of a party to any such agreement
or understanding as is referred to in Section 8 (i), there shall be
repaid from such fund to such person on demand the amount of the
duty received by the Treasury under this Enactment in respect of
such bill of lading.

(ii) The members of the said committee shall be appointed by the
High Commissioner who may from time to time remove any member
therefrom and may appoint others in place of any persons ceasing
to be members.

10. Any person who shall have shipped goods within the twelve
months immediately preceding the commencement of this Enact-
ment or at any time after the commencement thereof from anj^ port
in the Federated Malay States by a steamship shall by virtue of this
Enactment and notwithstanding any contract to the contrary be
entitled, at any time after the expiration of six months from the
date of shipment of the goods, to recover at law from the person
who at the time of such shipment was the owner of the said steam-
ship or had control thereof under the terms of a charter-party or
from any agent of any such person an amount equal to ten per cent,
of the freight paid in respect of such shi])inent or such higher or other
percentages thereof as may from time to tiuK; be prescribed by rule
under Section 15 ; provided that in respect of any shipment made
between the date from which a notification under Section 8 (i) is

FREIGHT AND STEAMSHIP. 33

expressed to have effect and the date of rescission or other determina-
tion of such notification, no claim shall be maintainable under this
section against the person to whom such notification relates or
against any other person as his agent.

11. The operation of the last preceding section may be suspended suspension of
from time to time by the Resident-General by notification pubHshed

in the Gazette. Every such notification shall either fix the period of
such suspension or provide for suspension of the said section until
further notice. In case of suspension until further notice the said
section may be again brought into operation by the Resident-
General by a further notification in the Gazette to take effect from
any date subsequent to the date of the notification. No claim shall
be maintainable under the said section in respect of any shipment
made during the period of any suspension thereof.

12. All duty accrued under this Enactment and unpaid shall Mode of

be deemed a debt due to the Government of the State in which it ^^^^oj^ry of duty
accrued and shall be recoverable by the Treasurer in the manner
provided by law for the recovery of debts due to the State.

13. Any person who shall contravene the provisions of Section 4, penalty.
Section 5, Section 6, or Section 7 shall be liable, on conviction by a
Magistrate of the First Class, to a fine not exceeding two thousand

five hundred dollars. No payment of any fine imposed under this
section shall affect the amount of any duty payable under Section 3.

14. The High Commissioner may, by notification in the Gazette, Exemption from
exempt from the operation of this Enactment or of any provision Enactment.
thereof, and may by a subsequent notification so published bring

within the operation of all or any of the provisions of this Enactment
from which it had been so exempted, any State of the Federated
Malay States, or any part of a State. No such notification shall
have any retrospective effect.

15. The Resident-General may from time to time make rules to ^"'^3.
prescribe —

(a) the period within which duty accrued due under Section 3
shall be paid ;

(6) the mode of authentication of copies of bills of lading under
Section 5 ;

{d) the percentage of the freight which may be recovered under
Section 10.

16. Nothmg in this Enactment contained shall affect any duty other duty not
payable in respect of a bill of lading otherwise than under this affected.
Enactment.

u— 3

ENACTMENT NO. 14 OF 1910.

Short title and
construction.

Repeal.

Interpretation.

"Opium."
E. 9 of 1916.

' Chandu."

" Chandu
dross."

"Government
chandu."

" Import."

As amended by E. 9 of 1916, 15 of 1917, and 28 of 1919.

An Enactment to prohibit the importation of Opium and
to vest in the Government the sole right of importing
and deahng in Chandu.

John Anderson,

President of the Federal Council.

[3rd November, 1910.]

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

1. (i) This Enactment may be cited as " The Opium and Chandu
Enactment, 1910," and shall come into force on the first day of
January, 1911.

(ii) On the coming into force in any State of this Enactment such
of the Enactments mentioned in the schedule hereto as are in force
in such State shall be repealed to the extent therein specified.

2. In this Enactment and in all rules, notifications, and orders
made thereunder the following terms shall, unless the context
otherwise requires, have the meanings assigned to them respectively
in this section.

" Ofium " means the spontaneously coagulated juice obtained
from the capsules of the papaver somniferum ivhich has only been
submitted to the necessary manipulations for packing and transport
and includes the leaves or wrappings in which opium balls have been
wrapped.

" Chandu " means the product of opiu'tn or any preparation in
which opium forms an ingredient obtai7ied by a series of special
operations, especially by dissolving, boiling, roasting, and fermentation
designed to transform it into an extract suitable for consumption and
includes chatidu dross but does not include

(a) any of the alkaloids or salts of the alkaloids of opium, or

(b) opium or any preparation in which opium forms a part

which is used or intended to be used either by a chemist
and druggist as defined by " The Deleterious Drugs Enact-
m,ent, 1911," only in the preparation of a prescription
signed by a duly qualified niedical practitioner or by a
veterinary surgeon, as defined by " The Deleterious Drugs
Enactment, 1911," in the exercise of his profession.
"Chandu dross" means the refuse of chandu which has been

used.
" Government chandu " means in any State chandu which at some
time has been prepared under the direction of the Superintendent for
use in the Federated Malay States or has been sold in such State by
the direction of the Superintendent, whether to a, person licensed under
this Enactment or to any other person, and includes dross derived from
such chandu.

" Import," with its grammatical variations and cognate expres-
sions, means to bring or cause to be brought into any State either
by land or sea.

OPIUM AND CHANDU.

" Superin-
tendent."

'* Chandu
oiEcer."

" Export," with its grammatical variations and cognate expressions, "Export."
means to take or cause to he taken out of any State either by land e. 28 of 1919.
or sea.

" Superintendent " means any officer appointed by the Resident
of any State to be Superintendent or Assistant Superintendent of
Chandu for such State or any district therein, and the words " the
Superintendent " mean the Superintendent or Assistant Superin-
tendent of Chandu for the State or district in which any powers
conferred or duties imposed by the section in which these words occur
are or are to be exercised or performed.

" Chandu officer " means any officer appointed by the Resident
of any State or by a Superintendent to perform within such State
or within any specified district of such State any duties under this
Enactment or any rules made thereunder.

''Malay'' means a person belonging to any Malayan race who e. 9ofi9i6.
habitually speaks the Malay language or any Malayan language and
professes the Moslem religion.

3. Subject to the exceptions specified in Section 24 no person
shall import into or export from or have in his possession in any State
any opium.

4. Subject to the exceptions specified in Section 24 no person
other than a Superintendent shall import into or export from any
State any chandu or have in his possession in any State any chandu
other than Government chandu ; provided that it shall not be an
offence for any person to bring into any State or to have in his
possession in any State Government chandu lawfully acquired by
him in any other State.

5. (i) Any person importing or exporting or having in his posses-
sion any opium in contravention of the provisions of Section 3 or
importing or exporting, or having in his possession any chandu in
contravention of the provisions of Section 4 shall, on conviction
by a Magistrate of the First Class, be liable for the first offence to
a fine not exceeding one thousand dollars or ten times the value
of the opium or chandu so imported or exported or whereof he is
found in possession, whichever is the greater, or to imprisonment
of either description for a term not exceeding three months or to
both, and for every subsequent offence to a fine not exceeding five
thousand dollars or twenty times the value of the opium or chandu
so imported or exported or whereof he is found in possession, which-
ever is the greater, or to imprisonment of either description for a
term not exceeding six months or to both, and the opium or chandu
shall be forfeited.

Provided always that no person shall be convicted under this
section by reason only of his being found in possession of any
chandu dross produced by him (or if he is the holder of a license
under this Enactment by any customer of his upon the premises
specified in the license) by smoking Government chandu or by
reason only of his being found on arrival at or departure from the
borders of any State to have in his possession chandu carried for
his own personal consumption only in quantity not exceeding
one chi.

Prohibition of

importation or

exportation of

opium.

E. 28 of 1919.

Proliibition of
importation or
exportation of
chandu.

E. 28 of 1919.

Penalty.

E. 28 of 1919.

Proviso.

No. 14 OF 1910.

Abetment.

Counterfeiting
Government
chandu or a
Government
mark.

E. 9 of 1910.

License
required for
selling chandu
or for possessing
more than seven
and a half
tahils.

E. 9ofl91G.

Penalty.

Exception.

(ii) Any person who abets the commission of an offence punish-
able under sub-section (i) of this section shall be liable on conviction
to the same penalty as if he had himself committed such offence.

6. Any person who —

(a) mixes anything with chandu or suhstitides any other substance

in place of chandu, provided that such substance is wrapped
in or placed in such packages or receptacles as are commonly
iised by the Superintendent for the sale of chandu or in
packages or receptacles that are a colourable imitation of
such packages or receptacles, with the intention of causing it
to be believed that such chandu or substituted substance is
Government cha^idu ; or

(b) 2^ossesses, sells, or offers for sale as Government chandu chandu

with which anything is mixed or any substance substituted
for chandu with such intention as aforesaid, unless he
satisfies the Court that he acted innocently ; or

that the chandu contained in any receptacle is Government
chandu or has been made or supplied by the Superintendent ;
or

(d) uses as genuine any such mark ; or

(e) makes or has in his possession a counterfeit of any siich mark

as aforesaid or any die, plate, or other instrument for counter-
feiting any such mark ; or

(/) abets the doing of anything which is punishable under this
section ;
shall be liable on conviction to a fine not exceeding five thotisand
dollars or to imprisonment of either description for a term not exceeding
twelve months or to both.

7. (i) No person shall except in accordance with the terms and
conditions of a license issued under this Enactment and in a place
specified in such license —

(a) sell or offer for sale any chandu ;

(b) open or keep any house, shop, room, or place wherein facilities

are provided for the consumption of chandu in return for
any remuneration, whether in money or otherwise ;

chandu exceeding seven and a half tahils in weight or such

other weight, if any, as may from time to time be prescribed

by the Resident of such State, by notification in the Gazette,

to be the maximum weight which a person may in such State

or area have in his possession without license.

(ii) Any person offending against the provisions of this section

shall be liable on conviction to a fine not exceeding five hundred

dollars, and all chandu and any opium pipes, lamps, opium cooking

utensils and any packages or utensils used or intended to be used

for the purpose of containing chandu found in the possession of

such person shall be forfeited,

(iii) Nothing in this section shall apply to the sale of chandu
dross to a Superintendent.

OPIUM AND CHANDU. 37

8. Any person other than a Superintendent who purchases or Penalty for
agrees to purchase any chandu dross and any person who purchases ch^n^tf e^cpt
or agrees to purchase any chandu otherwise than from the holder at a licensed
of a license under this Enactment or elsewhere than at any premises ^'^°^'
specified in a license under this Enactment shall be liable on
conviction to a fine not exceeding five hundred dollars.

9. (i) No person shall

(a) sell or offer for sale any chandu dross except to the Superin- chandu dross.

tendent ; e. 9ofi9i6.

(6) subject cliandu dross to artificial heat with a view to repreparing

it for use ;
(c) have in his possession any chandu dross whatever exceeding

one tahil in weight ; E- is o^ i^i^.

(fZ) have in his possession any reprepared chandu dross ;
(e) offer for sale to the Superintendent chandu dross which is
adulterated ;
'provided that nothing in paragraph (c) of this suh -section sJmll pro-
hibit the licensee of a piiblic chandu- smoking shop from having in his
possession upon the licensed premises such amount of cliandu dross
as the Superintendent shall have sanctioned in writing.

(ii) Any person offending against the provisions of paragraph {a), E.i5ofi9i7.
(&), (d), or (e) of sub-section (i) shall be liable on conviction to a fine
not exceeding five hundred dollars ; and any persori offending against
the provisions of paragraph (c) of sub-section (i) shall on conviction
be punished ivith a fine of an amount equal to twenty times the value
of the chandu dross exceeding one tahil in weight ivhich he was convicted
of Jiaving in his possession and shall also be liable to a further fine
not exceeding one thousand dollars. For the purposes of this sub-
section the value of any chandu dross in respect whereof an offence has
been committed shall be its value calculated at the price declared for the
time being by notification in the Gazette to be the Government
purchase price for chandu dross of similar quality.

(iii) 1 71 any proceedings under this Enactment a certificate signed
by the Superintendent that he is satisfied by analysis that any dross
is or is not reprepared or that any dross offered to him for sale is or
is not adulterated shall be evidence of the facts stated therein, and
neither the Superintendent nor the analyst ivho made such analysis
shall be cross-examijied with regard to the contents of such certificate.

10. (i) All licenses under this Enactment shall be under the Liceuses.
hand of the Superintendent who may grant such licenses to such
persons only as the Resident of the State may from time to time
approve, and shall be substantially in one or other of such forms

as may from time to time be j)rescribed, and shall set forth the
name of the licensee, the date on which the license expires, the
situation of the licensed premises, the hours during which such
premises may be open, and the number of persons who may be
permitted to be at any one time on such premises.

(ii) Every such license shall be subject to all the conditions
prescribed by rule under this Enactment and also to any further
conditions imposed in the exercise of his discretion by the Super-
intendent by whom the license is granted which shall be endorsed

No. 14 OF 1910.

E. 9 of 1916.

Offences of

licensed

retailers.

E. of 1916.

Books of
account to bo
kept.

thereon. There shall be payable in respect of every such license
such fees as maj^ from time to time be prescribed.

(iii) Every such license shall expire on the 30th day of June or
the 31st day of December next following the date of its issue and
may be cancelled at any time by the Superintendent with the
sanction of the Resident.

(iv) No such license shall be transferable except with the approval
of the Resident.

(v) Every business carried on under such license shall he conducted
hy the licensee in 'person or by a person appointed in writing by the
licensee ivith the express approval of the Superintendent to conduct
SKch business.

11. (i) The holder of a license under this Enactment shall be
guilty of an offence and shall be liable on conviction to a fine not
exceeding two hundred and fifty dollars if he —

(a) sells or offers for sale or has in his possession any chandu

otherwise than in such sealed or stamped parcels or
packages as shall have been supplied to him by the
Superintendent ;

(b) sells or offers for sale or has in his possession any loose

chandu whether mixed or in combination with any other
substance or not ;

in parcels or packages which do not bear the Government
seal or stamp intact ;

(d) sells or offers for sale any chandu at a price other than

a price for the time being prescribed for the State or
district ;

(e) sells or offers for sale or delivers any chand^i except to

(1) male Chinese of not less than 21 years of age, or

(2) persons purcliasing chandu in accordance with the terms

of a written permission in that behalf granted by the
District Officer of the district in which the sale, offer,
or delivery takes place ;
(/) sells or delivers any chandu to any person on credit or
accepts payment otherwise than in money for any chandu
sold by him ;
{g) contravenes any of the conditions to which his license is
subject under Section 10 or t^e provisions of any rule
made under this Enactment,
(ii) No District Officer shall grant any such written permission to
purchase chandu as is referred to in paragraph (e) of sub-section (i)
except with the express sanction of the Resident of the State ; such
sanction may be either general or particular, at the discretion of the
Resident.

12. Every holder of a license under this Enactment shall keep
books of account in which shall be set out detailed particulars of
all his purchases and sales of chandu and the amount of chandu
dross which has come into his possession each day and shall, if and
when so required by the Superintendent, furnish a return of such
purchases and sales and of the amount of chandu dross in his
possession.

OPIUM AND CHANDU. 39

13. It shall be lawful for the Commissioner of Trade and Customs, inspection and
the Secretary for Chinese Affairs, the Protector of Chinese, the f^eS's°hops.
Superintendent, the officer in administrative charge of the district,

any chandu officer, and any police officer not below the rank of
sergeant at all times to enter and inspect all premises licensed under
this Enactment and to examine any books kept under the last
preceding section and to inspect the stock of chandu and chandu
dross therein.

14. (i) No person shall smoke chandu in any eating house, public prohibition of
lodging house, theatre, or other place of public resort, or in any ^|^pi™e*?'
club, or in any brothel, or in any licensed jinrikisha depot, or in oi pubiio resort.
any shop other than a shop licensed for the purpose under this
Enactment ; and no person having the control or management of

any such place or shop shall permit the smoking of chandu therein.

(ii) No Malay shall smoke chandu in any house, shed, or building e. 9 of loie.
the tenant or occupier whereof is not a Malay ; and no person having
the control or management of any such house, shed, or building or part
thereof shall permit any Malay to smoke cJmndu therein.

(iii) If any person shall smoke chandu in any place in contraven-
tion of this section, the person having the control or management
of such place shall, in the absence of proof to the contrary, be
deemed to have permitted the smoking of chandu therein.

15. (i) The Superintendent and the Principal Officer of Customs power to search
in any district and any chandu officer or officer of customs authorized ^pi|fiJf^r^°'
by either of them in ^yriting in that behalf may at any time enter chaudn.
upon and search any premises in which it appears to such Superin-
tendent or Principal Officer of Customs there is reasonable cause

to beUeve that any opium or chandu imported contrary to the
provisions of this Enactment is concealed or deposited, and may
arrest any person being on such premises in whose possession any
opium or chandu reasonably believed to have been so imported is
found, and may take possession of and remove any such opium or
chandu.

(ii) The Superintendent and the Principal Officer of Customs in Power to search
any district and any chandu officer or officer of customs authorized persons-
by either of them in ^vriting either generally or in any particular
case in that behalf may, if he shall have good reason to suspect
that any person has any opium or chandu other than Government
chandu secreted about his person, require such person to accom-
pany him to the nearest police station or other place appointed
by the Resident for such purpose and may cause such person to
be searched at such poHce station or other place, provided that
no female shall be searched except by a female. Any person
refusing when so required to go to such police station or other
place, or resisting such search, shall be guilty of an offence and
may be arrested and charged accordingly. Any opium or anj^
chandu reasonably believed to have been imported contrary to
the provisions of this Enactment found upon any person so searched
may be detained and taken to the office of the Superintendent for
examination.

No. 14 OF 1910.

Power to arrest

without

warrant.

Search
warrants.

Search by
Superintendent
without
warrant.

E. 9 of 191G.

Oertiflcate ol

Superintoa-

dent.

E. 9 of I'Jlii.

Burden of
proof.

Penalty for
making false
return.

(iii) Any chandu officer, officer of customs, or police officer may
arrest without a warrant any person found committing or attempt-
ing to commit or employing or aiding any person to commit an
offence against the provisions of this Enactment and may take
possession of any article in respect of which such offence is or has
been committed.

(iv) Every person arrested under this section shall without un-
necessary delay be taken to a police station and charged.

16. Any Magistrate may by warrant addressed to any police
officer not below the rank of corporal, or to any chandu officer or
officer of customs, empower such officer to enter upon and search
by day or night any premises within the jurisdiction of such Magis-
trate in any case in which it sha.ll appear to such Magistrate upon
the oath of any person that there is reasonable cause to believe
that in such premises is concealed or deposited any article in
respect of which an offence has been committed against this Enact-
ment and to take possession of any such article and to arrest any
person being in such premises in whose possession any such article
may be found or by whom the said officer may have good and
sufficient reason to suspect that such article has been concealed
or deposited therein, and any officer to whom such warrant shall
have been directed may, in case of obstruction or resistance,
break open any outer or inner door of such premises and any
chests, trunks, or packages, and by force, if necessary, enter upon
any part of such premises and remove any obstruction to such
entry, search, or seizure and detain any person found in such
premises until the search shall have been completed.

16a. Whenever it appears to the Superintendent that there is
reasonable cause to believe that in any dwelling-house, shop, or other
building or place there is concealed or deposited any opiiim or chandu
or other article subject to forfeiture under this Enactment or as to
which an offence under this Enactment has been committed and he
has good grounds for believing that by reason of the delay in obtain-
ing a search warrant the opium, chandti, or other article is likely to
be removed, the Superintendent in virtue of his office may exercise
in, upon, and in respect of such dwelling-house, shop, or other
building or place, all the powers in Section 16 mentioned in as full
and ample a mangier as if he were empowered to do so by warrant
issued under the said section.

17. In any proceedings under this Enactment a certificate signed
by the Superintendent that any chandu has been analysed by
him or by his directions and is or is not Government chandu shall
be evidence of the facts so certified and neither the Superintendent
nor any person who shall have made the analysis referred to in
such certificate shall be cross-examined with regard to the contents
of such certificate.

18. In any proceedings under this Enactment the burden of
proof that any chandu is Government chandu shall be upon the
person alleging the same.

19. Any person who shall make, deliver, or supply any requisition,
return, or account, or any statement of particulars, or other written

OPIUM AND CHANDU. 41

statement required by this Enactment or by any rules thereunder,
shall, if the same be false or incorrect either wholly or in part to the
knowledge of the person so making, delivering, or supplying it,
whether it has been signed by him or not, be liable on conviction
to a fine not exceeding one thousand dollars.

20. Every omission or neglect to comply with and every act done or General
attempted to be done contrary to the provisions of this Enactment Penalty.

or of any rule made thereunder or in breach of the restrictions and e. 9ofi9iG.
conditions subject to or tipon which any license has been issued and
every abetment of any such omission, neglect, act, or attempt shall be
deemed to be an offence against this Enactment, and for every such
offence not otherwise specially provided for the offender shall, in
addition to any forfeiture of the articles seized as hereinafter provided
for, be liable on conviction to a fine not exceeding one hundred dollars,
and if the offence is a continuing one shall be liable in addition to a
fine not exceeding ten dollars in respect of each day during which such
offence shall be continued.

21. (i) The Court of a Magistrate of the First Class shall have Powers of
power to impose any penalty provided by this Enactment, Fhlt^c^als?^

(ii) The imprisonment which may be given in default of pay-
ment of any fine imposed under Section 5 or Section 6 of this
enactment may extend to the full term of imprisonment with
which the offence is punishable under these sections.

21a. (i) All opium and chandu in respect of which any offence Forfeitures.
under this Enactment or any breach of any rule made under this e. gofioie.
Enactment or any breach of the restrictions and conditions subject
to or upon which any license has been granted has been or is being
committed, together with the utensils , vessels , packages, carts, carriages,
and conveyances in which the same may be found or which may have
been used in connection with such offence or breach, Tnay be seized
by any Chandu Officer and shall be forfeited.

(ii) All opium and chandu, together ivith the utensils, vessels,
packages, carts, carriages, and conveyaiices containing the same,
which nfiay be found without an apparent owner arid for which no
owner may appear after such notice given as to the Court of a Magis-
trate of the First Class may seem fit shall be forfeited.

21b. Whenever any person licensed under this Enactment ivould Liabuity
be liable under the provisions of this Enactment or of any rules made "mp'ioyer'for
thereunder to any punishment, penalty, or forfeiture for any act, act of servant.
omission, neglect, or default, he shall be liable to the same punish- e. eofioio.
ment, penalty, or forfeiture for every similar act, omission, neglect, or
default of any agent or servant employed by him in the course of his
business as such licensed person ; and every agent or servant em-
ployed by a person licensed under this Enactment in the course of
his business as such licensed person shall also be liable to every punish-
ment, penalty, or forfeiture prescribed for such acts, omissions,
neglects, or default contrary to the provisions of this Enactment w
of any rules made thereunder as fully and effectually as if such agent
or servant had been the person to whom the license had been granted.

No. 14 OF 1910.

Disposal of
fines.

Powers of
Resident to
make rules.

Exceptions.
E. 28 of 1919.

22. All fines and forfeitures under this Enactment or under
any rule made thereunder shall be paid to the Superintendent
and shall be disposed of in such manner as the Superintendent,
with the approval of the Resident, may direct.

23. (i) In each State the Resident may, with the approval of
the Resident-General, from time to time make rules —

(a) to prescribe the fees to })e paid for licenses under this

Enactment and for the transfer of such licenses ;

(b) to prescribe the form of licenses under this Enactment and

the conditions to which such licenses issued in the State
shall be subject ;

may be sold in the State or in any specified district of
the State ;

(d) to provide for the management, inspection, and control of

premises licensed under this Enactment ;

(e) to provide for the observance of sanitary conditions and

requirements and of due order and decency on such
premises ;
(/) to prescribe the hours during which such premises may be

kept open ;
(g) to prescribe the books of account to be kept by the holder
of a license and the language and manner in which they
are to be kept ;
(h) generally to give effect to the provisions of this Enactment,
(ii) All such rules shall be published in the Gazette and shall
within such State have the same force as if they were part of this
Enactment.

24. (i) Nothing in this Enactment shall apply to the impor-
tation, exportation, preparation, sale, or possession of opium or
chandu for medical purposes only by or on behalf of the Govern-
ment or by any person licensed to sell poisons under any Enact-
ment to regulate the possession and sale of poisons or deleterious
drugs.

(ii) Nothing in this Enactment shall apply to any opium or
chandu in the medicine chests of ships in a reasonable quantity
or to any opium or chandu claimed on arrival at or before departure
from any port by the master of a steamer of more than one hundred
tons burthen as part of the sea stores of such ship, and kept in a
place of safety under the sole custody and control of such master
for as long as the ship remains in port, which is not in excess of
the quantity which may reasonably be required for use as sea stores
on board such ship to the next port of call outside the Colony or
the Federated Malay States, or to an}^ chests or packages of opium
on board any steamer of more than one hundred tons burthen pro-
vided such chests or packages are correctly shown in the manifest
of such steamer and declared as soon as possible after the arrival
of such steamer in or in due course before the departure of such
steamer from the waters of any State to the proper offtcer of customs.

(iii) Nothing done by any officer of the Government in the course
of his duties shall be deemed to be a breach of the provisions of
this Enactment.

OPIUM AND CHANDU.

25. (i) No action shall be brought against any person for any- Provisions
thing done, or bond fide intended to be done, in the exercise or actions""
supposed exercise of the powers given by this Enactment or by
any rules made thereunder —

(a) mthout giving to such person one month's pre\dous notice

in writing of the intended action and of the cause thereof ;

(b) after the expiration of three months from the date of the

accrual of the cause of action ;

[Sections 26-28 repealed by E. 9 of 1916.]

SCHEDTTLE.

ENACTMENTS REPEALED.

I. — STATE ENACTMENTS.

State.

No. and

Short title.

Extent of

year.

repeal.

Perak..

1 of 1903

The Opium Enactment,
1903

The whole

Selangor

1 of 1903

Do.

Negri Sembilan

10 of 1903

Do.

Pahang

6 of 1903

Do.

Perak . .

4 of 1906

The Chandu Shops Enact-
ment, 1906

Selangor

6 of 1906

Do.

Negri Sembilan

4 of 1906

Do.

Pahang

4 of 1906

Do.

No. and
year.

n. — FEDERAL ENACTMENTS.

Short title.

Extent of

4 of 1909 The Federal Coast Chandu Enactment, The whole

1909
6 of 1909 The Chandu Shops Enactment, 1906,

Amendment Enactment, 1909

ENACTMENT NO. 18 OF 1910.

An Enactment to repeal and re-enact with amendments
the " Prsedial Produce Protection Enactments,
1897-8.^^

John Anderson,

President of the Federal Council.

[3rd November, 1910.
5th December, 1910.]

Short title and
commence-
ment.

Kepeal.

Interpretation.
" Owner."
" Manager."

" Assistant
manager."

" Subordinate."

Plantation."

" Produce.'

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

1. (i) This Enactment may be cited as " The Plantation Produce
Protection Enactment, 1910," and shall come into force on
publication in the Gazette.

(ii) On the coming into force of this Enactment in any State
such of the Enactments mentioned in the schedule hereto as are
in force in that State shall be repealed.

2. In this Enactment —

" Owner " includes " lessee."

" Manager " includes " assistant manager " and any person for
the time being acting either as manager or assistant manager.

" Assistant manager " includes estate engineers, accountants,
and other persons taking part in the management of a plantation
other than as subordinates.

" Subordinate " includes any person employed, whether tem-
porarily or permanently, on a plantation as controller, clerk, fore-
man, or labourer, or in any other capacity, or residing thereon,
who is not an owner, manager, or assistant manager as hereinbefore
defined.

" Plantation " means any land not less than one acre in extent
planted with coffee, tea, cocoa, sugar, or coconuts, or with any
plant or tree yielding rubber or gutta-percha in any form, or with
any other ]:)lant or tree ordinarily cultivated for profit which the
Resident-General may by notification in the Gazette direct to be
included.

" Produce " means the root, stem, bark, leaves, seed, fruit,
latex, and any other part or product having a commercial value of
any plants or trees of any of the kinds specified in the definition of
" Plantation " or included by direction of the Resident-General in
the. list of plants or trees therein contained so long as the same
has not been subjected to treatment to prepare it for the market
as a commodity or to any process of manufacture.

PLANTATION PRODUCE PROTECTION.

tJ. Every person found loitering or lurking about a plantation Loitering or
shall, unless lie can satisfy the Magistrate before whom he is brought a^p^nta^^n*^
that he was not so loitering or lurldng for any unlawful purpose,
be liable if so found between sunrise and sunset to a fine not exceed-
ing ten dollars or to imprisonment for a term not exceeding one
month, and if so found between sunset and sunrise to a fine not
exceeding fifty dollars or to imprisonment for a term not exceeding
three months.

4. Any person who purchases, takes in barter or exchange or Purchasing
receives from a subordinate or from any carter employed in carting suCordki^te"* ^
produce from any plantation any produce shall, unless he can show

that he has good reason to believe that such subordinate or carter
had lawful authority to sell, barter, exchange, or give away such
l^roduce, be deemed guilty of an offence and shall be liable to a fine
not exceeding two hundred and fifty dollars or to imprisonment
of either description for a term not exceeding six months.

5. (i) Whoever has in his possession any produce which may be possession of
reasonably suspected to have been stolen from a plantation shall, ^g°s^o^°jfi,i

if he fail to account satisfactorily for his possession of the same, suspected to

be deemed guilty of an offence and shall be liable on conviction to ^om a*^^'^ ^^^'^

a fine not exceeding five hundred dollars or to imprisonment of plantation.
either description for a term not exceeding twelve months.

(ii) If any person charged with having in his possession any
produce stolen from a plantation shall declare that he received the
same from some other person, or that he was employed as a carrier,
agent, or servant to convey the same for some other person, the
Magistrate may cause every such other person and also, if necessary,
any former purchaser or pretended purchaser or other person
through whose possession the same shall be alleged to have passed
within the jurisdiction of the Court to be brought before him and
examined touching the same and may summon and examine any
witnesses : and if it appears to the Magistrate that any person
so brought before him had possession of such produce, knowing or
having at the time reason to believe that the same had been stolen
from a plantation, such person shall be liable to the same penalty
as is provided in sub-section (i) hereof.

(iii) In this section " possession " includes possession in a house,
building, vehicle, boat, or other place as well as in a street or public
place.

Schedule.

ENACTMENTS REPEALED.

State.

No. and

year.

Short title.

Extent of
repeal.

Perak . .

13 of 1898

The Prsedial Produce
Protection Enactment,
1898

The whole

No. 18 OF 1910.

state.

No. and

Short title.

Extent of

year.

repeal.

Selangor

17 of 1897

The Prsedial Produce
Protection Enactment,

1897

The whole

Negri Sembilan

14 of 1897

Do.

) J

Pahang

23 of 1897

Do.

»)

Selangor

14 of 1898

The Praedial Produce
Protection Amendment
Enactment, 1898

Negri Sembilan

21 of 1898

Do.

Pahang

15 of 1898

Do.

Perak . .

11 of 1907

The Prsedial Produce
Protection Enactment,
1898, Amendment En-
actment, 1907

Selangor

6 of 1907

The Prsedial Produce
Protection Enactment,
1897, Amendment En-
actment, 1907

Negri Sembilan

1 of 1907

Do.

Pahang

3 of 1907

Do.

ENACTMENT NO. 1 OF 1911.

An Enactment to Incorporate the Cliief Secretary to
Government.

John Anderson, [19th January, 1911.

President of the Federal Council. 1st February, 1911.]

Whereas by an Agreement signed and sealed in tbe month of
July, 1895, the Rulers and Chiefs of Perak, Selangor, Pahang, and
Negri Sembilan agreed to constitute their countries a Federation
to be administered under the advice of the British Government
and agreed further to accept a British Officer, to be styled the
Resident-General, as the agent and representative of the British
Government under the Governor of the Straits Settlements and
undertook amongst other things to follow his advice in all matters
of administration other than those touching the Muhammadan
religion, but so that the appointment of the Resident-General should
not affect the obUgations of the said Rulers towards the British
Residents then existing or to be thereafter appointed to offices in
the above-mentioned States : And whereas by certain Enactments
passed by their Highnesses the Sultans of Perak, Selangor, and
Pahang, and by His Highness the Yang di Pertuan and Chiefs of Negri
Sembilan in Council in and for their respective States it is among
other things enacted that the British Officer appointed in pursuance
of the above-mentioned agreement to be the Resident-General and
his successors shall be a body corporate, and for the purposes of
the said Enactments have the name of " the Resident-General "
and shall and may have and use a corporate seal, and the said seal
may from time to time break, change, alter, and make anew as to
the said Corporation may seem fit ; and the said Corporation is
by the said Enactments empowered to sue and be sued, to enter
into contracts, to acquire, purchase, take, hold, and enjoy movable
and immovable property of every description, and to sell, convey,
assign, surrender and yield up, mortgage, demise, reassign, transfer
or otherwise dispose of any movable and immovable property
vested in the said Corporation upon such terms as to the said
Corporation may seem fit.

And whereas the Rulers of the States hereinbefore named, with
the consent of the British Government, are minded that the British
Officer appointed or hereafter to be appointed in pursuance of the
agreement above referred to shall . hereafter be styled " the Chief
Secretary to Government " and not as heretofore " the Resident-
General " but shall nevertheless possess and enjoy all and every
one of the rights, privileges, and poAvers conferred, and exercise
all and every one of the duties imposed, upon the Resident-General

No. 1 OF 1911.

Short title and
commence-
ment.

Repeal.

Incorporation
of Chief
Secietary to
Government.

Mode of
sealing deeds.

Property to
vest.

by the agreement and Enactments hereinbefore referred to and by
any law heretofore enacted by the Ruler or the Ruler and Chiefs
of any of the above-mentioned States in Council or by the Rulers
of the Federated Malay States in Council except in so far as such law
shall have been or may hereafter be repealed by the Rulers of the
Federated Malay States in Council, or by the Ruler or Ruler and
Chiefs in Council of the State in and for which it was enacted.

Now therefore it is hereby enacted by the Rulers of the Federated
Malay States in Council as follows : —

1. This Enactment may be cited as " The Chief Secretary (In-
corporation) Enactment, 1911," and shall come into force upon the
1st day of February, 1911.

2. On the coming into force of this Enactment the Enactments
specified in the schedule hereto shall be repealed in so far as the
continued operation of the said Enactment is or might be incon-
sistent with the provisions of this Enactment or the operation
thereof.

3. Sir Arthur Henderson Young, Knight Commander of the Most
Distinguished Order of St. Michael and St. George, and his suc-
cessors in the office of Chief Secretary to Government shall be
a body corporate, and shall for the purposes of this Enactment
have the name of " the Chief Secretary to Government " and by that
name have perpetual succession and shall and may have and use
a corporate seal, and the said seal may from time to time break,
change, alter, and make anew as to the said Corporation may seem
fit ; and the said Corporation is hereby empowered to sue and be
sued, to enter into contracts, to acquire, purchase, take, hold, and
enjoy movable and immovable property of every description, and
to sell, convey, assign, surrender and yield up, mortgage, demise,
reassign, transfer or othermse dispose of any movable and im-
movable property vested in the said Corporation upon such terms
as to the said Corporation may seem fit.

4. All deeds, documents, and other instruments requiring the
seal of the said Corporation shall be sealed with the seal of the said
Corporation in the presence of the said Sir Arthur Henderson Young
or in the presence of his successor for the time being in the office of
Chief Secretary to Government, and shall also be signed by the said
Sir Arthur Henderson Young or by his said successor, and such
signing shall be, and shall be taken as, sufficient evidence of the due
sealing of such deeds, documents, or other instruments.

5. All property, movable and immovable, of whatever description
\Ahich immediately before the commencement of this Enactment
was vested in the Resident-General shall on such commencement
vest in the Chief Secretary to Government, and all rights, powers,
and authority belonging or attaching immediately before such com-
mencement to the Resident-General or which would have thereafter
accrued to the Resident-General by Aortue of anything done before
such commencement and all duties imposed upon the Resident-
General shall belong, attach, accrue, or be deemed imposed upon
the Chief Secretary to Government.

CHIEF SECRETARY (INCORPORATION).

6. Wherever in any written law or document passed or made written laws
before the commencement of this Enactment the words " Resident- °^ documents.
General " occurs such written law or document shall be read as

if the words " Chief Secretary to Government " were from the com-
mencement of this Enactment substituted for the words " Resident-
General."

7. All actions and proceedings commenced by or in the name of Actions
the Resident-General before the commencement of this Enactment P^^'iing-
may be continued, carried on, and completed after such commence-
ment by or in the name of the Chief Secretary to Government.

8. Until a new seal has been made for the use of the Chief Secre- Seai of Resident-
tary to Government the seal in use at the commencement of this contlnue^m
Enactment as the seal of the Resident-General may be used and '^^^•

shall if and so long as it is used after the commencement of this
Enactment be deemed to be the seal of the Chief Secretary to
Government.

9. If at any time after the commencement of this Enactment the Appointment of
Chief Secretary to Government for the time being shall be absent of acting
from the Federated Malay States or shall otherwise be incapable o^^c^rs.

of performing all or any of the duties or exercising any of the rights,
powers, or authority belonging or attaching to the office of Chief
Secretary to Government or shall have resigned or been removed
from such office it shall be lawful for the High Commissioner with
the approval of the British Government to appoint some other
person to be his successor in the office of Chief Secretary to Govern-
ment or to act temporarily for him in the said office, as the case
may be, and a notification in the Gazette of such appointment shall
be conclusive evidence for all purposes that such person was duly
so appointed and it shall be lawful for any person so appointed to
act in the office of Chief Secretary to Government to do and perform
during the continuance of such appointment all or any of the things
which may la^vfully be done or performed by the Chief Secretary
to Government and anything so done or performed shall be deemed
to have been done or performed by the Chief Secretary to Govern-
ment.

Schedule.

State.

No. and year.

Short title.

Perak . .

18 of 1898

Resident-General's (Incorpora-
tion) Enactment, 1898

Selangor

19 of 1898

Do.

Negri Sembilan

15 of 1898

Do.

Pahang

4 of 1899

Resident: -General's (Incorpora-
tion) Enactment, 1899

II— 4

ENACTMENT NO. 5 OF 1911.

An Enactment to secure in certain cases the riglit of
property in Telegraphic Press Messages.

Preamble.

Short title.

Exclusive right
of person receiv-
ing a news tele-
gram to publish
the same.

Penalty for

unlawful

publishing.

Protected
messages, how
to be printed.

Arthur Young,

President of the Federal Council.

[11th November, 1911.
15th November, 1911.]

Whereas it is expedient to secure in certain cases the right of
property in telegraphic Press messages :

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

1. This Enactment may be cited as " The Telegram Copjrright
Enactment, 1911," and shall come into force upon publication in the

Gazette.

2. When any person in the manner hereinafter mentioned pub-
lishes in any newspaper or other printed paper published and cir-
culated in the Federated Malay States any message sent by electric
telegraph from any place outside the Federated Malay States law-
fully received by such person no other person shall, without the
consent in writing of such first-mentioned person or his agent
thereto lawfully authorized, print or publish or cause to be printed
or published such telegram or the substance thereof or any extract
therefrom until after a period of forty-eight hours from the time of
first publication ; provided that such period shall not extend
beyond sixty hours from the time of the receipt of such message
exclusive of Sundays and public and bank holidays, and the publi-
cation of the whole or any part of such telegram or of the substance
thereof (excepting the publication of any similar message in like
manner sent) of the intelligence therein contained or any comment
upon or any reference to such intelligence shall be deemed to be a
publication of the same.

3. If any person wilfully print and publish or cause to be printed
and published any matter contrary to the provisions of this Enact-
ment he shall be guilty of an offence and liable on conviction for
a first offence to a fine not exceeding one hundred dollars and for
any subsequent offence to a fine not exceeding two hundred dollars.

4. Telegraphic messages published under the protection of this
Enactment shall be printed under the heading " Copyright tele-
gram " and shall state the day and hour of their receipt and such
statement shall be 'primd jade evidence of the time of the receipt
of such messages.

TELEGRAPHIC PRESS MESSAGES.

5. (i) During the period of forty-eight hours hereinbefore men- Protected
tioned no intelligence protected by this Enactment shall be trans- R^trStions
mitted by electric telegraph to any person outside the Federated ontransm^-
Malay States by or on behalf of any person other than the person

who under the provisions of this Enactment is entitled to the
exclusive use of such intelligence.

(ii) Any person acting in contravention of this section shall be Penalty.
guUty of an offence and liable on conviction to a fine not exceeding
one hundred dollars for a first offence and to a fine not exceeding
two hundred dollars for any subsequent offence.

6. In any prosecution under this Enactment the production of any Evidence of
document which purports to be a telegraphic message from some ^"
place outside the Federated Malay States and which contains the
intelligence published as aforesaid and which is addressed to and

has been delivered to the publisher or to some person on his behalf
by the Government Telegraph Department or a Telegraph Company
shall be 'prima facie evidence that the message published as here-
inbefore described in such newspaper or other printed paper is a
message within the meaning of this Enactment, and proof that any
person is o^\*ner or is or is acting or appears to be acting as editor
or manager of anj^ newspaper in which there has been any publication
contrary to the provisions of tliis Enactment shall be prima facie
evidence that such person has wilfully caused such unlawful publi- •
cation.

7. Nothing in this Enactment shall extend to any document Limitation of
published by the Government Printer or to the report of any °*° ™^" '
proceedings in the Federal Council.

ENACTMENT NO. 8 OF 1911.

Short title and
commence-
ment.

Appointment
of Registrars.

Eegister and
Eecjistrar's
note-book to
be kept.

Preliminaries
necessary to
registration.

Parties and
witnesses bound
to speak the
truth.

An Enactment to provide for the registration of marriages
contracted in the Federated Malay States by persons
other than persons professing the Christian or the
Muhammadan religion.

E. L. Brockman,

President of the Federal Council.

[8th November, 1911.
1st January, 1912.]

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

1. This Enactment may be cited as " The Marriage Registration
Enactment, 1911," and shall come into force on the 1st day of
January, 1912.

2. In each State the Resident may appoint one or more persons to
be Registrars of Marriages under this Enactment either for the State
or for any specified district in the State or for any specified sect or
nationality, together with such other officers as the Resident may
from time to time deem necessary for the purposes of this Enact-
ment.

3. Every Registrar appointed under this Enactment shall keep
a register in the form in Schedule A, and shall enter therein full
particulars of all marriages registered by him and shall also keep
a book to be called the Registrar's note-book in which he shall record
in his own hand all proceedings in respect of the registration of any
marriage and all evidence taken by him in any such proceeding or
in any enquiry under this Enactment.

4. The particulars of any marriage contracted in the Federated
Malay States, other than a marriage one of the parties to which was
at the time of such marriage a Christian or a Muhammadan, may be
entered in a register kept under the preceding section on payment to
the Registrar of the prescribed fees and on compliance with the
following conditions, namely, that the parties to such marriage,
and if either party is under the age of eighteen years then also the
parents or at least one of the parents or if neither of the parents is
living then the natural guardian of such party to the marriage, shall
have appeared before the Registrar together with such witnesses as
the Registrar may think necessary and shall have filled in and
subscribed in his presence a declaration in the form in Schedule B
and have answered such questions as the Registrar may think neces-
sary to put to them for the purpose of explaining or substantiating
the statements made in the declaration.

5. (i) Every declaration made under the preceding section shall
be sworn or affirmed in such manner as the Registrar shall think
proper by all persons who subscribe the same, and shall be deemed

MARRIAGE REGISTRATION. 53

to be for all purposes a statutory declaration, and every person who
subscribes such declaration shall be bound to state the truth therein,
and every person who gives evidence before the Registrar shall
also be bound to answer truthfully all questions put to him by the
Registrar under the last preceding section.

(ii) Any person who wilfully makes a false statement in any such
declaration or who gives anj^ evidence in any enquiry under this
Enactment which he knows to be untrue, or who does any other act,
which if done in a judicial proceeding would be punishable under
Chapter XI of the Penal Code, shall be punishable on conviction as
provided in that chapter in the same way as if the act had been
done in or in relation to a judicial proceeding.

6. For the purposes of this Enactment every Registrar appointed Powers of
under this Enactment shall have all the powers of a Magistrate of the ^^^*''^'^-
First Class for the summoning and examination of witnesses and the
administration of oaths and affirmations.

7. (i) If the Registrar is not satisfied of the truth of the state- Refusal of
ments contained in any declaration or requires further evidence with registration.
regard to any particulars required to be registered he may refuse or
postpone registration of the marriage until he is so satisfied and may

call for any further evidence that he thinks necessary.

(ii) If the Registrar has reason to believe on the evidence of any
person that one of the parties to the marriage, or alleged marriage,
is a Christian or a Muhammadan he shall refuse to register the
marriage.

(iii) If the Registrar has reason to believe on the evidence of any
person that a marriage between the parties is prohibited by the in-
situtions of the religion professed by either party or if both profess
the same religion by the institutions of that religion he shall refuse to
register the marriage.

(iv) In any case in which the parties profess different religions the
Registrar msiy, if he thinks proper, refuse to register the marriage.

(v) There shall be no appeal from the refusal of a Registrar to
register a marriage, but such refusal shall not debar another
Registrar from registering the marriage nor debar the same Registrar
from registering it if subsequently satisfied that the grounds of his
objection to register either did not exist or have since been removed.

8. Neither the registration of nor the omission to register any validity of a
marriage shall affect the validity of the marriage nor shall any error ^g"^*! b°°*
in the particulars recorded nor any omission to record any particular registration or
which ought to have been recorded affect the validity of the registra- tr'auon!'^'
tion of the marriage.

9. An extract from any register certified by the Registrar under certificate of
his hand to be a true extract from the register shall be admissible in ^(^^^jbie as
all Courts as evidence that a marriage was contracted between the evidence of
parties therein named and at the place and time therein specified and no\ of^to'
in the presence of the persons therein stated to have been present ^»''<^'*7-
thereat but not of the vahdity of such marriage ; but the Court may Court may
in the absence of evidence to the contrary presume any marriage dity^regis-
registered under this Enactment/ to have been valid and the onus of tered marriage.

No. 8 OF 1911.

Offences and
penalties.

proving that there was no such valid marriage shall be on the person
who asks the Court to believe that there was no such valid marriage.

10. (i) Any person who induces any woman or female child to
appear with him or with some other person before a Registrar and to
declare or acknowledge that she is married to him or to such other
person shall if he knows at the time that she is not so lawfully married
according to the institutions of the religion she professes, or if she is
under the age of eighteen years of the religion professed by her
parents or natural guardians, or knows or has reason to believe that
such woman or female child has a husband living from whom she has
not been lawfully divorced according to the institutions of the
reHgion professed by her at the time of such former marriage, or if
she was then under the age of eighteen years of the religion professed
b,y her parents or natural guardians, be liable on conviction to
imprisonment which may extend to seven years.

(iii) Any male person, who having a wife living and being debarred
according to the institutions of the religion he professes or which he
professed at the time of his marriage to such wife from having more
than one wife at a time, procures or attempts to procure the registra-
tion under this Enactment of a marriage between himself and any
other woman or female child shall, subject to the exceptions con-
tained in Section 494 of the Penal Code, be liable to the same penalty
as if he had committed an offence punishable under that section.

(iii) Whoever fraudulently alters any entry in any register kept
or any certified extract given under this Enactment shall be punish-
able with the penalty provided in Section 466 of the Penal Code for
offences punishable under that section.

Registrars to be H* Every Registrar appointed under this Enactment shall be
public servants, dccmcd to be a public servant within the meaning of the Penal Code.

Eulcs.

12. The Resident in each State, with the approval of the Chief
Secretary to Government, may from time to time make rules

(a) prescribing the fees to be charged under this Enactment ;

(6) prescribing the manner in which the Registrars shall exercise
the powers conferred on them by this Enactment and the
place or places in which enquiries for the purpose of this
Enactment shall be held ;

Note-books kept under this Enactment and all declarations
made for the purposes of this P^nactmcnt ;

(d) generally for carrying out the purposes of this Enactment.

Schedule A.

Folio No.

Date of registration

Name in full and residence of husband

Age of husband at date of marriage

MARRIAGE REGISTRATION. 55

Birth-place of husband

Name of husband's father

Religion professed by husband

Name in full of wife

Age of wife at date of marriage

Birth-place of wife

Name of wife's father

Religion professed by wife

Place at which the marriage was contracted

Date on which the marriage was contracted

Nature of religious ceremony, if any

Whether husband has any other wife living and, if so, names and
residences of all such wives

Names and residences of persons stated to have been present at
the marriage

Names and residences of witnesses examined by the Registrar or
who signed the declaration for registration of the marriage

Signature of Registrar.

Schedule B.

DECLARATION FOR REGISTRATION OF MARRIAGE
(ENACTMENT 8 OF 1911).

We, the undersigned, do solemnly and sincerely declare that a
marriage has to our knowledge been contracted between
(husband) son of , and (wife) daughter of ,

at in the State of on the day of in

the year , and that we were present when the said marriage

was contracted (or celebrated) in accordance with the institutions
of the religion and that we believe that there was at the

time of*such marriage no lawful impediment thereto and that the
same is a lawful marriage according to the institutions of the religion
professed by the parties thereto.

And we make this solemn declaration conscientiously believing
the same to be true and to the intent that the said marriage may be
registered under the provisions of " The Marriage Registration
Enactment, 1911."

Subscribed and solemnly declared at this day of

by (husband), (wife), parent (or

guardian) of husband, parent (or guardian) of wife,

Avitnesses to marriage.

Interpreted by me and signed \
in my presence j Before me

Interpreter. Registrar of Marriages.

Short title anJ
commence-
ment.

Repeal.

Interpretation.

ENACTMENT NO. 9 OF 1911.

As amended by Fed. E. 16 of 1914.

An Enactment for tlie protection of certain kinds of
Wild Animals and Birds.

E. L. Brockman,

President of the Federal Council.

[8th November, 1911.
1st January, 1912.]

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

1. (i) This Enactment may be cited as "The Wild Animals and
Birds Protection Enactment, 1911," and shall come into force in
each State on such date as the Resident, with the approval of the
Chief Secretary to Government, shall by notification in the Gazette
appoint.

(ii) Upon the coming into force of the Enactment in any State
such of the Enactments mentioned in the first schedule as are in force
in such State shall be repealed to the extent specified in the fourth
column of that schediile : provided that any reserve for the preserva-
tion of animals and birds declared under any of the Enactments so
repealed shall be deemed to have been so declared under this
Enactment.

2. In this Enactment unless the context otherwise requires —

'" Big game " means any animal of any of the kinds for the time
being included in the second schedule ;

" Deer " means any animal of any of the kinds included for the
time being in the third schedule ;

" Game," if used without the adjective " big," means any. bird of
any of the kinds for the time being included in the fourth schedule ;

" Common bird " means any bird of any of the kinds for the time
being included in the fifth or the sixth schedule ;

" Rare bird " means a bird of any kind found wild within the
Federated Malay States other than a bird of one of the kinds for the
time being included in either the fourth, fifth, or sixth schedule ;

" To shoot " includes to shoot at with any gun or blowpipe ;

" To kill " includes to attempt to kill ;

" To take " means to snare, net, or capture by means of any
contrivance ;

" The State " means the State in which any power conferred, duty
imposed, or act authorized or prohibited to be done by the Section in
which these words occur is or is to be exercised, performed, done,
or not done, as the case may be, and " the Resident " means the
Resident of such State.

WILD ANIMALS AND BIRDS PROTECTION. 57

3. Except as otherwise in this Enactment provided offences in

{a) any person other than a person duly licensed in that behalf ^^^°
under this Enactment who shoots, kills, or takes any big generaUy.
game, and any person licensed under this Enactment who
shoots, kills, or takes any big game otherwise than in accord-
ance v/ith the terms of his license, and any person who
procures or instigates any person not duly licensed in that
behalf under this Enactment to shoot, kill, or take any big
game or abets the shooting, killing, or taking of any big
game by such unlicensed person shall be guilty of an offence
and shall be liable on conviction to a fine not exceeding
five hundred dollars ;
(6) any person who shoots or kills any female elephant shall Female
be guilty of an offence and shall be liable on conviction ^^^P'^^.nts.
to a fine not exceeding five hundred dollars ;

shall be guilty of an offence and shall be liable on con- ^^™^-
■v-iction to a fine not exceeding two hundred dollars ;

(d) any person who takes or procures or instigates any other Deer generally.

person to take any deer or abets such taking shall be
guilty of an offence and shall be liable on conviction to
a fine not exceeding one hundred dollars ;

(e) any person who shoots or kills any female sambur deer or Female and

any immature deer shall be guilty of an offence and shall ^^^ture deer.
be liable on conviction to a fine not exceeding one hundred
dollars ;

(/) any person other than a person duly licensed in that behalf Game.
under this Enactment Avho shoots or kills any game, and
any person licensed under this Enactment who shoots
or kills any game otherwise than in accordance -oith the
terms of his license, and any person who procures or
instigates any other person not duly licensed in that
behalf to shoot or kill any game, and any person who
takes or procures or instigates any other person to take
any game, and any joerson who abets any of these acts
shaU be guilty of an offence and shall be liable on con-
viction to a fine not exceeding five dollars in respect of
each bird so shot, killed, or taken ;

(g) any person other than a person duly licensed in that behalf Rare birds,
under this Enactment who shoots, kills, or takes any rare
bird, and any person licensed under this Enactment who
shoots, kills, or takes any rare bird otherwise than in
accordance with the terms of his license, and any person
who procures or instigates any other person not duly
licensed in that behalf to shoot, kiU, or take any rare
bird, and any person who abets anj^ of these acts shaU
be guilty of an offence and shall be liable on conviction
to a fine not exceeding five dollars in respect of each
bird so shot, killed, or taken.

{h) any person who takes, removes, injures, or destroys any nest e. i6ofi9i4.
or egg of any rare bird or abets such act shall be guilty of
an offence and shall be liable on conviction to a fine not
exceeding fifty dollars ;

No. 9 OF 1911.

Orders to be
made by the
Chief Secretary
to Government.

(?') miy fersofi ivho sells or offers for sale or has in his posses-
sion any nest or egg, taken in the Federated Malay States
after the \st day of January, 1915, of any rare bird, or abets
such act shall be guilty of an offence and shall be liable
on conviction to a fine not exceeding fifty dollars ;

{]) any person who exports or attempts to export from the
Federated Malay States the skin or plumage of any rare
bird shot, killed, or taken in the Federated Malay States
after the 1st day of January, 1915, or the nest or egg of
any rare bird taken in the Federated Malay States after
the 1st day of January, 1915, ar abets such act shall be
guilty of an offence and shall be liable 07i conviction to a
fine not exceeding fifty dollars.

4. (i) The Chief Secretary to Government may from time to
time by order

(a) prescribe standards for determining when big game or deer
shall be deemed immature for the purposes of this Enact-
ment ;
(6) add to, or remove from, the second and third schedules,

respectively, the name of any kind of animal ;
(c) add to, or remove from, the fourth, fifth, and sixth schedules,
respectively, the name of any liind of bird,
(ii) Every such order shall be published in the Gazette, with a
notification stating the date from which it is to come into force,
and shall from the date so specified have the force of law until
cancelled by the Chief Secretary to Government by order to that
effect published in the Gazette.

Reseeves.

6. (i) In each State the Ruler of the State in Council may from
time to time declare specified areas in the State to be reserved
for the preservation of animals and birds, and mthin such areas
it shall not be lawful for any person without the written permis-
sion of the Ruler of the State to shoot, kill, or take any animal
or bird.

(ii) Any person acting in contravention of this section shall on
conviction be liable to a fine not exceeding five hundred dollars.

Prohibitions, Close Seasons, and Breeding Seasons.

proiiibitions. 6. In each State the Resident may, with the approval of the

Chief Secretary to Government, by order prohibit absolutely
throughout the State or within any specified area therein the
shooting, killing, or taking of any kind of animal or bird specified
in such order.

Any person who shoots, kills, or takes any animal or bird in
contravention of such order shall be liable on conviction to a fine
not exceeding five hundred dollars for each animal or one hundred
dollars for each bird so shot, killed, or taken.

Close seasons. 7. In cach State the Resident, with the approval of the Chief

Secretary to Government, may by order declare close seasons for

WILD ANIMALS AND BIRDS PROTECTION. 59

all or any kind of deer and for any kind of game or any bird
included for the time being in the fifth schedule : provided that
such close seasons shall not in the case of any deer or bird exceed
six months in any year.

Any person who shoots, kills, or takes any deer during the close
season declared for such kind of deer or abets such shooting,
killing, or taking shall be liable on conviction to a fine not exceeding
one hundred dollars.

Any person who shoots or kills any bird during the close season
declared for such kind of bird, or abets such shooting or killing,
shall be liable on conviction to a fine not exceeding five dollars for
each bird so shot or killed ; and any person who takes or abets
the taking of any bird, or takes, destroys, or has in his possession
the eggs of any bird during such close season shall be liable on
conviction to a fine not exceeding twenty-five dollars.

Any person who purchases or exports or attempts to export from e. ieofi9i4.
the Federated Malay States any bird or part of any bird shot, killed,
or taken in the Federated Malay Stales during such close season or
luho sells, offers for sale, purchases, or exports or attempts to export
from the Federated Malay States the egg of any bird taken in the
Federated Malay States during such close season or abets such act
shcdl be liable on conviction to a fine not exceeding fifty dollars.

8. In each State the Resident may, with the approval of the Breeding
Chief Secretary to Government, by order declare what period shall ^''*^°°®-
be deemed the breeding season of any kind of rare bird.

Any person who shall take any rare bird during the period so
declared to be the breeding season of such kind of bird shall be
liable to a fine not exceeding twenty-five dollars.

9. Every order made by a Resident under Sections 6, 7, or 8 shall Publication of
be published in the Gazette, with a notification stating the date ""^ ^^'
from which it is to come into force, which date shall not be less

than one month from the date of such publication, and shall from
the date so specified have the force of law until cancelled by the
Resident, with the approval of the Chief Secretary to Government,
by order to that effect published in the Gazette.

Selling or Offering for Sale.

10. (i) Any person who shall sell or offer for sale or have in his SeUingor
possession any big game, deer, or bird whether alive or dead or any auSi^io°/bMs
part thereof, if such animal or bird has been unlawfully shot, uniawfuUy
killed, or taken, shall be guilty of an offence and shall be liable on take'n. ' ^ ' ""^
conviction to a fine not exceeding fifty dollars ; and the head,

carcass, feet, skin, tusks, and horns of such animal and the plumage
of such bird shall be liable to forfeiture by order of the Magistrate.

(u) In any prosecution under this section the burden of proof Burden of
that such animal or bird was lawfully shot, killed, or taken shall p'"*'"^'
be on the defendant.

Spring Guns, etc.

11. (i) Any person who shall set, place, or prepare or cause to be setting spring
set, placed, or prepared any spring gun or engine, any sharpened ^'^' ^^*

No. 9 OF 1911.

Proviso.

Liability for

causing injury
not afEected.

stakes, any pitfall furnished \vith sharpened stakes or other con-
trivance likely to endanger human life or to cause grievous bodily
harm to any person shall be guilty of an offence and shall be liable
on conviction to a fine not exceeding two hundred and fifty dollars.

Provided always that no person shall be punishable under this
section for setting or placing a spring gun or other contrivance for
the purpose of destroying a tiger, bear, leopard, panther, or wild
pig if he can show that he had previously obtained permission
to set or place such spring gun or other contrivance from the
District Officer, the police officer in charge of the police district, or
the penghulu or other chief district headman.

(ii) Nothing in this section shall be held to relieve any person
from any civil or criminal liability which would have attached
to him if this Enactment had not been passed : provided that no
person shall be punished twice for the same offence.

General Exceptions.

Acts of Eulers.

Acts done in
the interest of
science.

Acts of persons

specially

exempted.

Acts in relation
to animals and
birds in
captivity.

Act done in
defence of life
or property.

Exception
regarding deer
or game taken
for food.

Acta done by
miBtako.

12. Nothing in this Enactment shall be deemed to apply to
(a) any act done by the Ruler of any of the Federated Malay

States, the High Commissioner, the Chief Secretary to
Government, or the Resident of a State ;

(h) any act done in the furtherance of the interests of science
by any servant of the Government holding the written
authority of the Resident of the State in such behalf ;

(c) any act done in contravention of any of the provisions of
this Enactment by any person or by any one of a class
of persons specially exempted from such provision by
the Resident of a State, with the approval of the Chief
Secretary to Government, by order published in the
Gazette either generally or within any specified area ;
(d) any act done to a wild animal or bird which has been tamed
or domesticated or which has been kept in captivity or
as a pet by or with the consent of the owner of such
animal or bird.

13. Nothing in this Enactment shall be deemed to render it
unlawful

(a) for any person in defence of himself or of some other person,

or in defence of the property of himself or of some other
person to shoot or kill any animal ;

(b) for the lawful occupier of any cultivated land to shoot or

kill any animal or bird found damaging or destroying the
crops growing thereon.

14. No native of the Malay Peninsula Avho shall take any deer
(other than a female sambur deer or an immature deer) or any
game shall be punished under Section 3 if he can show that such
deer or game was taken in order to serve as food for himself or his
family.

15. No person shall be punished under this Enactment for any
act which he can satisfy the Magistrate before whom he is tried was
done under a bo)id fide mistake of fact.

WILD ANIMALS AND BIRDS PROTECTION. 61

Licenses.

16. (i) Licenses to shoot, kill, or take big game in any State shall Big game
be issued only by the Resident, and it shall be in the absolute **=®'^^-
discretion of the Resident to grant or refuse a license to any
applicant.

(ii) Such licenses shall be substantially in the form I in the
seventh schedule or in such other form as may be prescribed under
Section 26 to be used in lieu thereof, and there shall be paj^able
in respect of every such license such fee as shall from time to time
be prescribed by rule under Section 25.

(iii) No such license shall be for a longer period than six months ;
but the Resident may in his discretion, on the determination of
any license, grant a further Hcense to the same person.

(iv) If the holder of a license issued under this section shall, on
the expiration of the term for which such license was granted,
certify in writing to the satisfaction of the Resident that he has
not during the term of such license shot, killed, or taken within
the State the full number of big game allowed under such license
to be shot, killed, or taken, it shall be lawful for the Resident, if
he shall think fit, to issue a further license to such person free of
charge.

(v) If the holder of a license issued under this section shall, on
the expiration of the term for which such license was granted,
certify in writing to the satisfaction of the Resident that he has
not shot, killed, or taken any big game during the term of such
license, it shall be lawful for the Resident, if he shall think fit,
to direct that the fee paid for such license be refunded to such
licensee.

17. (i) Licenses to shoot, kill, or take rare birds in any State Rare bird
shall be issued only by the Resident, and it shall be in the absolute I'^^iises.
discretion of the Resident to grant or refuse a license to any
applicant.

(ii) Such licenses shall be substantially in the form II in the
seventh schedule or in such other form as may be prescribed
under Section 26 to be used in lieu thereof, and there shall be
payable in respect of every such license such fee as shall from
time to time be prescribed by rule under Section 25.

(iii) No such license shall be for a longer period than six months,
but, on the determination of any license, the Resident may in his
discretion grant a further license to the same person.

(iv) In any case in which the Resident is satisfied that the
applicant for a license intends to use such license solely in the
interest of science he may grant a license at a reduced fee.

18. (i) The Resident may require any person applying for a Deposits.
license to shoot, kill, or take big game or rare birds in the State to
deposit in the State Treasury, before receiving such license, a sum

not exceeding five hundred dollars ; and if any person who has
made such a deposit shall commit any breach of the terms of the
license issued to him or of any of the provisions of this Enactment,
the whole of such deposit, or such part thereof as the Resident

No. 9 OF 1911.

Sanction of
Resident
required for
use of license
granted in
anotlier State.

Eetums of
big game and
rare birds shot
in tlie State.

Game licenses.

may direct, may by order of the Resident be forfeited to the State
^vithout prejudice to any penalty to which such person may other-
mse be liable.

(ii) So much of any such deposit as shall not have been forfeited
as above provided shall, at the end of one month after the expira-
tion or other determination of the license, be refunded to the
depositor on his application.

19. No license to shoot, kill, or take big game or rare birds shall
be transferable from one person to another, but any such license
issued in one State may be transferred to another State either for
a fixed period or for the remainder of the term for which it was
issued with the sanction in writing of the Resident of the State
to which it is transferred, and shall in such case be deemed within
such other State for all purposes to be a license issued by the
Resident of such other State.

20. (i) Every person to whom a license to shoot, kill, or take big
game or rare birds has been granted who shall have shot, killed, or
taken any big game or rare birds within any State shall, before
he leaves such State or on the expiration or other determination
of his license, whichever is the earlier date, furnish the Resident
with a return showing the number and description of big game
or rare birds shot, killed, or taken by him within the State.

(ii) Such return shall in the case of big game show the date on
which and the place at which each head of big game was shot,
killed, or taken.

(iii) If any person fails without reasonable excuse to comply
with the provisions of this section he shall be liable on conviction
to a fine not exceeding fifty dollars, and no license to shoot, kill,
or take big game or rare birds, as the case may be, shall thereafter
be issued to him.

21. (i) Licenses to shoot or kill game shall be substantially in the
form III in the seventh schedule or in such other form as may be
prescribed under Section 26 to be used in lieu thereof, and may be
obtained on application made verbally or in writing to the Chief
Police Officer of any State or to the officer in charge of any poUce
district and payment of the prescribed fee : provided that any
license signed by a police officer below the rank of Inspector shall
not be valid until the same has been countersigned by a District
Officer, and licenses shall not be issued in any district except to a
person who is for the time being residing in such district.

(ii) There shall be payable in respect of every such license such
fee as shall from time to time be prescribed by rule made under
Section 25.

(iii) Nc such license shall remain in force for a longer period
than one year, and every such license shall exj)ire on the 31st day
of December following the date of issue.

(iv) Every such license shall, unless it be otherwise expressly
stated therein, be valid throughout the Federated Malay States.

(v) No such license shall be transferable.

WILD ANIMALS AND BIRDS PROTECTION. 63

22. Any person who, contrary to the provisions of Sections 19 penalty for
or 21, transfers his license to any other person, and any person [[ce'lS""'^
who accepts such transfer, shall be liable on conviction to a fine

not exceeding fifty dollars,

23. The Resident of any State may at any time by order under Power to cancel
his hand cancel any license issued by him or used in the State under ^''=^'^'^^-
this Enactment.

24. Any person in possession of a license which has expired or cancelled and
which has been cancelled shall surrender the same on demand to t^e^lvenTp?
any Government officer, and if he fails without reasonable excuse

to do so shall be liable on conviction to a fine not exceeding twenty-
five dollars.

25. (i) The Chief Secretary to Government, after consultation Rules.
with the Residents, may from time to time by rules published in

the Gazette

(«) prescribe the fees to be payable in respect of game licenses

throughout the Federated Malay States ;
(h) prescribe the fees to be payable in respect of rare bird

licenses either generally throughout the Federated Malay

States or specially for each State or for particular areas

within any State ;
(c) prescribe the fees to be payable in respect of big game

licenses either generally throughout the Federated Malay

States or specially for each State or for particular areas

within any State,
(ii) The fees payable in respect of game licenses shall be the
same throughout the Federated Malay States and for all such
licenses. The fees payable in respect of rare bird licenses may
vary according to the period for which the license is granted and
the object for which the license is sought. The fees for big game
licenses may vary according to the period for which the license is
granted, the number and species of animals permitted to be shot,
killed, or taken thereunder, and the class of applicant, but shall in
no case be less than twenty-five dollars.

26. The Chief Secretary to Government may from time to time Forms.
prescribe forms of license to be used in lieu of the forms given in

the seventh schedule either generally or in particular cases.

Capture of Elephants.

27. In any State the Resident may by written permit authorize, Permits.
subject to such conditions as to time, place, payment of fees, or
otherwise as may be stated in such permit, the capture of elephants

by means of enclosures arranged for that purpose.

Arrest without Warrant.

28. Any police officer, penghulu, or forest officer may arrest Arrest without
without warrant any person found offending against any of the ^^"*''*-
provisions of this I]nactment whose name or place of abode is
unknown to him, and such offender may be detained at a police

station until his name and place of abode has been ascertained or

No. 9 OF 1911.

Payments to
informers.

may be forthwith conveyed before a Magistrate to be dealt with
according to law.

Payments to Informers out of Fines.

29. The Court before which any conviction under this Enactment
is had may direct that any sum not exceeding one half of any fine
actually received shall be paid to the informer.

First Schedule.
ENACTMENTS REPEALED.

State.

year.

Short title.

Extent of repeal.

Perak . .

15 of 1904

The Wild Animals and
Birds Protection
Enactment, 1904

The whole

S clangor

14 of 1904

Do.

))

Negri Sembilan

15 of 1904

Do.

Perak . .

4 of 1908

The Wild Animals and
Birds Protection
Enactment, Amend-
ment Enactment,
1908

Selangor

5 of 1908

Do.

Negri Sembilan

5 of 1908

Do.

Pahang

IV of 1896

Products of State

So much as has

(Regulation)

Lands

not already
beenrepealed

Second
(Big
Elephant (Elephas maximus) . .
Gaur (Bos gaurus)
Banteng (Bos sondaicus)
Javan rhinoceros (Rhinoceros
sondaicus)

Sumatran rhinoceros (Rhino-
ceros sumatrensis) . .
Tapir (Tapirus indicus)

Schedule.

game.)

Gajah

Seladang

Sapi hutan or lembu hutan

Badak raya,badak gajah, or badak
sumbu

Badak kerbau or badak himpit
Badak tampong, badak terenok,
tenok or kipan

Third Schedule

(Deer.)

Sambur deer (Cervus unicolor) Rusa
Barking deer (Ccrvulus muntjac
Serau (Nemorrhcedus swetten-
hami) . .

Kijang or menjangan

Kambing grun, kambing hutan,
kambing burun, kambing gu-
nong, kambing gua, or kambing
bukit

WILD ANIMALS AND BIRDS PROTECTION.

Fourth Schedule.

Pea-fowl (Pavo muticus)
Argus pheasant (Argusianus ar-

gus)

Mountain argus pheasant

(Rheinwardtius nigrescens) . .
Peacock pheasant (Polyplectron

bicalearatum)

Mountain peacock pheasant
(Polyplectron inopinatus) . .

Fireback pheasant (Lophura
rufa) . .

Rufous-tailed fireback (Acomus
erythrophthalmus) . .

Jungle-fowl (Gallus ferrugineus)

(Game.)

, . Merak

Kuau, kuang
rimba

ray a, or kuang

Long-billed partridge (Rhizo-

thera longirostris)
Black partridge (Melanoperdix

nigra)
Red-legged hill partridge (Arbo-

ricola charltoni)
Campbell" s hill partridge (Arbo-

ricola campbelli)
Ferrugineous wood partridge

(Caloperdix oculea) . .
Bustard quail (Turnix pagnax)
Blue-breasted quail (Excalfac-

. toria chinensis)
Crested wood-quail (Rollulus

roul-roul)
Water-cock (Gallicrex cinerea)
Water-rail (Hypotsenidia striata) Sintar
Whistling teal (Dendrocygna

javanica)
Cotton teal (Nettopus coroman-

delianus)
White-winged wood-duck (Asar-

cornis scutulatus)
Imperial pigeon (Carpophaga,

all species)
Pied fruit-pigeon (Myristicivora

Vjicolor)
Green pigeon (all species of the

genera Butreron, Treron,

Osmotreron Sphenocercus and

Ptilinopus)

Kuau kepala puteh

Kuau chermin, kuang ranggas,
kuang bulan, kuang ranting,
kuang pongsu, or merak pongsu

Kuang gunong

Ayam pegar

Kuang bertam or merak mata
Ayam hutan, ayam denak,Gr ayam
borga

Selanting

Burong bertam

Sang-serok

Sang-serok bukit

Sang-serok rimba
Puyoh '

Pikau

Siul, chichit, or chiap-chiap
Aj^am-ayam

Belibis
Itek ayer
Itek angsa
Pergam
Rawa

Punai (except punai tanah), ber-
kok, lengguak

IT— 5

66 No. 9 OF 1911.

Long-tailed chestnut dove (Ma-

cropygia, all species) . . Tekukor api, tekukor gunong

Hornbills, all species

(Bucerotidce) . . . . Enggang, burong tebang mentua,

burong lilin, or lang ling
Painted snipe (Rhynchsea ben-

galensis) . . . . . . Meragi

Pin-tailed snipe (Gallinago^

stenura) ( ^^^.j^gj^

European s n i jo e (Gallinago (

coelestis)

Fifth Schedule.

(Common birds for which a close season may be declared
under Section 7.)

Bronze-winged dove (Chalco- Punai tanah, lembok, or pua

phaps indica) . . . . dekut

Little Malay ground-dove

(Geopelia striata) . . . . Tekukor or balam

Malay turtle-dove (Turtur tigri-

nus) , . . . . . . . Merbok, ketitir, or tekukor jerun

Yellow-crowned bulbul (Trachy-

comus ochrocephalus) . . Barau-barau

Red-vented bulbul (Otocompsa

emeria) . . . . . . Murai telinga merah

Mynah (Gracula javanensis or

intermedia) . . . . . . Tiong mas

Parroquet (Palaeornis longi-

cauda) . . . . . . Bayan

Love-bird (Loriculus galgulus) Serindit

All kinds of migratory birds commonly found in, but not habitual
denizeiis of, the Malay Peninsula and not included in any other
schedule.

All jjlovers and waders (Charadrif ormes) , other than those
included in the fourth schedule.

Sixth Schedule.
(Other common birds.)

Eagles, kites, hawks, falcons,"! Lang (except lang ling)

and buzzards (all kinds) . . J Sewah (except sewah tekukor)
Vultures (all kinds) . . . . Reng, nokreng, uring, and anak

uring
Jungle crows (Corvus raacro-

rhynchus) Gagak

Night- jars (Caprimulgus ma-

crurus and jotaka and

Lyncornis temmincki) .. Segan, sesegan, and burong malas
Sparrows (all kinds) . . . . Chiak, pipit, jelatek, and belatek

WILD ANIMALS AND BIRDS PROTECTION. 67

Seventh Schedule.

I.— BIG GAME LICENSE.

State of .

Big Game License (not transferable).

"The Wild Animals and Birds Protection Enactment, 1911."

Permission is hereby granted to of to shoot, kill, or

take within the State of big game of the species and to the

number of heads hereinunder specified, subject to the provisions of
"The Wild Animals and Birds Protection Enactment, 1911," and
any rules or orders for the time being in force thereunder :

Species of big game. No. of heads.

This license does not authorize the shooting, killing, or taking of
any female elephant or of any immature big game.

This license expires as soon as big game to the number, and of
the species above specified, has been killed or taken and in any
case on the day of 19 .

Fee paid S

This license is issued subject to the following special conditions :

Dated this day of 19 .

British Resident.
II.— RARE BIRD LICENSE.

State of .

Rare Bird License [not transferable).

" The Wild Animals and Birds Protection Enactment, 1911."

Permission is hereby granted to of to shoot, kill, or

take within the State of rare birds, subject to the provisions

of "The Wild Animals and Birds Protection Enactment, 1911,"
and any rules or orders for the time being in force thereunder and
to the following special conditions :

This license expires on the day of 19 .

Fee paid, $

Dated this day of 19 .

British Resident.

68 No. 9 OF 1911.

III.— GAME LICENSE.

Federated Malay States.

Game License {not transferable).

" The Wild Animals and Birds Protection Enactment, 1911.'"

Permission is hereby granted to of to shoot or kill

game (other than big game), subject to the provisions of " The Wild
Animals and Birds Protection Enactment, 1911," and of any rules
or orders made thereunder with regard to close seasons or other
matters.

This license expires on the day of 19 and may be

cancelled at any time by order of the Resident of any State within
which it has been used, and must when so expired or cancelled be
given up on demand to any Government officer.

Fee received, $

Issued at this dav of 19 by me

of Police.

ENACTMENT NO. 10 OF 1911.

As amended by Fed. E. 15 of 1912.

An Enactment to regulate the importation, sale, and use
of certain Deleterious Drugs.

Arthur Young, [24th November, 1911.

President of the Federal Council. 1st January, 1912.]

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

1. (i) This Enactment may be cited as "The Deleterious Drugs short title and
Enactment, 1911," and shall come into force on the 1st day of f^^ommence-

T T A 1 r» ment.

January, 1912.

(ii) On the coming into force of this Enactment the Enactments Repeal.
specified in the schedule hereto shall be repealed to the extent
herein stated but such repeal shall not affect the validity of any
license granted under any of the Enactments hereby repealed, and
all rules, orders, and notifications made under any of those Enact-
ments shall in so far as they are not inconsistent with the provisions
of this Enactment be deemed to have been made under this Enact-
ment.

2. In this Enactment the following words and expressions shall luterpretatioD.
have the meaning hereinafter in this section assigned to them
respectively :

" Deleterious drugs " means and includes —

{o) Morphine, including morphia and all salts of morphine
and any alkaloid or salt of an alkaloid of opium and any
solution thereof ;

{h) Cocaine, including all salts of cocaine and any solution
thereof ;

{d) Any analogue of cocaine or eucaine ;

(e) Any drug which the Chief Secretary to Government, on the
recommendation of the Principal Medical Officer and
after consultation Avith the Residents, shall have declared
by notification in the Gazette to be a deleterious drug
suitable to be dealt ^nth under the provisions of this
Enactment and any salts or solution of any such drug ;
but does not include

(/) any patent or proprietary article containing one or more of
the above in quantity not exceeding in the aggregate
one per cent, of the total ingredients of such article ;
69

70 No. 10 OF 1911.

(g) any patent or proprietary article which may from time to
time be exempted from the operation of this Enactment
by the Chief Secretary to Government by notification in
the Gazette.

" Medical practitioner " means a medical practitioner whose name
is on the register of medical practitioners kept by the Medical
Council of the Straits Settlements and Federated Malay States.

" Chemist and druggist " means a chemist and druggist holding
a certificate of competent skill and knowledge granted under the
provisons of any of the Enactments hereby repealed or which has
before the commencementof this Enactment been accepted under any
of those Enactments as a sufficient certificate and which has not in
either of these cases been subsequently cancelled or revoked or any
such certificate granted by the Council of the Straits Settlements
and Federated Malay States Government Medical School or by such
legally constituted Pharmaceutical authorities of any country as may
to the Chief Secretary seem fitting : provided always that no certifi-
cate shall be deemed sufficient which has been granted to the holder
without examination or which he has obtained without first having
received a systematic training as a chemist and druggist.

" Dentist " means any person who shall for a period of six months
have been engaged in bo7id fide practice of dentistry in the Federated
Malay States or in the Colony and whom the Chief Secretary to
Government for cause shewn permits to be licensed under this
Enactment.

Dentist shall also mean such person as, on the recommendation of
the Principal Medical Officer, the Chief Secretary to Government shall
grant a permit under this Enactment for a period of six months
in order to qualify for the issue of a license.

" Veterinary surgeon " means any person who holds a diploma of
membership of the Royal College of Veterinary Surgeons of England
and includes a person holding any diploma of a British, British-
Colonial, British Indian, or Japanese School of Veterinary Science
which the Chief Secretary to Government may accept as a sufficient
diploma for the purposes of this Enactment.

" Licensed " means licensed under this Enactment.

" Syringe " means any instrument or part of an instrument suit-
able for hypodermic injection and includes a hypodermic needle.

" Official dose " means such quantity of any deleterious drug
as may from time to time be declared by the Chief Secretary to
Government to be an official dose of that drug.

" Import " with its grammatical variations and cognate expres-
sions means to bring or cause to be brought into any one of the
Federated Malay States either by land or sea from any jilace out-
side the Federated Malay States.

" Export " with its grammatical variations and cognate expres-
sions means to take or cause to be taken out of any one of the
Federated Malay States.

DELETERIOUS DRUGS. 71

2a. (i) No person not duly licensed in that behalf shall manufacture Manufacture of
any morphine or cocaine, or any salts thereof, and no manufacture TO°^e?Md
thereof shall he carried on by a licensed person in any house, factory, their salts.
or jjlace other than a house, factory, or place specified therefor in his e. i5ofi9i2.
license or otherivise than in conformity ivith all the conditions of such
license.

(ii) Licenses for such manufacture may be issued by the Principal
Medical Officer, Federated Malay States, who may in his discretion
limit any such license to the manufacture of morjjhine or of cocaine or
of such salts thereof as may be specified in the license and may subject
the license to such conditions, to be expressed, therein, as he may
think fit.

(iii) For every such license a fee shall be payable at such rate as
the Chief Secretary to Government may from time to time either generally
or in particidar cases prescribe.

(iv) Xo person not licensed under this section shall knowingly keep
or have in his possession any apparatus for manufacturing morphine,
cocaine, or any salts thereof.

(v) Any license issued under this section may be cancelled at any
time by the Principal Medical Officer for breach of any condition to
which the same is subject or of any provision of this Enactment or of
the rides made thereunder.

3. Except as hereinafter in this Enactment provided :

(i) No person shall except with the permission in writing of the No deleterious
Principal Medical Officer or a Senior Medical Officer of Government imported or
import any deleterious drug or syringe and no person except with the ^^^^^t^
like permission shall export any deleterious drug or syringe from any permission.
State whether into another of the Federated Malay States or to a
place outside the Federated Malay States.

(ii) No person other than a licensed person or the servant of a possession of
licensed person acting with the knowledge and under the direction ^mps"°"^
and control of such licensed person may have in his possession — prohibited

ir J r subject to

[a] any deleterious drug in quantity exceeding twelve official '^^^g*^".^^

doses ;
(6) any mixture adapted for swallowing or injecting which
contains more than twelve official doses of any deleterious
drug or which contains one or more deleterious drugs in
quantity exceeding in the aggregate twelve official doses,
(iii) No person shall keep or use any house or other place or prohibition as
knowingly permit any house or other place in his possession, occupa- hous™obe"^
tion, or control to be kept or used for the purpose of administering ^j|^\nistering
any deleterious drug otherwise than under the direction and in the deleterious
presence of a licensed medical practitioner, a licensed veterinary ^^^'
surgeon, or a Hcensed dentist.

(iv) No person other than a licensed medical practitioner or prohibitions as
licensed dentist shall prescribe or administer to any other person any ^gpe^jng^'^r'
deleterious drug and no person other than a licensed medical furnishing a
practitioner, a licensed dentist, a licensed chemist and druggist, or a drug.
licensed veterinary surgeon shall dispense or furnish to any person
other than a licensed person any deleterious drug.

No. 10 OF 1911.

Syringes.

Supply of drugs
and syringes by
licensed
chemists and
druggists.

E. 15o£ 1912.

Issue of

licenses.

I'enalties.
E. 15 of lUl;

(v) No person other than a licensed person may have in his
possession any sjTinge other than a sj^inge furnished to him by a
licensed medical practitioner, a licensed veterinary surgeon, or upon
a prescription from a licensed medical practitioner or licensed
veterinary surgeon by a licensed chemist and druggist.

3a. No licensed chemist and druggist shall ftirnish any deleterious
drug or syringe to any person unless

(a) that person is a licensed person, or

(b) the deleterious drug or syringe is furnished upon a written

prescriptio7i or order signed by a medical practitioner or
a veterinary surgeon, or

such conditions as may be prescribed by rule made under this
Enactment.

4. (i) The Principal Medical Officer, Federated Malay States, and
any Medical Officer appointed by him Avith the approval of the
Resident of any State to be a licensing officer under this Enactment
in and for such State or in and for any sjoecified district or districts
in such State may issue to any such person as he thinks fit, being
either a medical practitioner, a chemist and druggist, a dentist, or a
veterinary surgeon, a license of any of the following kinds :

(a) to a medical practitioner, veterinary surgeon, or chemist
and druggist a license to possess, use, and sell deleterious
drugs and syringes ;

(h) to a dentist a license to possess and use deleterious drugs
and syringes in the course of his profession as a dentist.

(ii) Any such license shall be good for the whole of the Federated
Malay States and until revoked but may be cancelled or revoked at
any time in his discretion by the Principal Medical Officer subject to
appeal to the Chief Secretary to Government.

(iii) No charge shall be made for the issue of any such license.

(iv) There shall be implied in every license issued under this
Enactment the condition that the licensee is bound to comply

(a) Avith all the terms and conditions set out in the license ;
(h) with all the provisions of this Enactment ;
(c) with all the provisions of any rules that may from time to
time be made under this Enactment.

5. (i) Any person offending against any of the provisions of sub-
sections (i) or (iv) of Section 2a or of clauses (i), (ii), or (iii) of Section 3
or of Section 3a, shall be liable on conviction to a fine not exceeding
one thousand dollars or to imprisonment for a term not exceeding
six months and for a second or any subsequent offence under the
same clause to a fine not exceeding two thousand dollars or to
imprisonment not exceeding twelve months or to both.

(ii) Any person offending against any of tlie provisions of clauses
(iv) and (v) of Section 3 shall b(^ liable on conviction to a fine not
exceeding one hundred dollars or to imprisonment for a term not
exceeding three months and for a second or any subsequent offence

DELETERIOUS DRUGS. 73

under the same clause to a fine not exceeding five hundred dollars
or to imprisonment for a term not exceeding six months or to both.

(iii) The abetment of any such offence shall be punishable with Abetment.
the same penalty as the offence.

6. (i) It shall be lawful for the Chief Secretary to Government, Rules.
after consultation with the Principal Medical Officer and the Resi-
dents, from time to time, to make rules

(a) prescribing the books to be kept bj^ licensed chemists and
druggists relating to the sale and purchase by them of
deleterious drugs and s}Tinges and the entries to be made
therein and the time and manner of making such entries ;
(h) prescribing the periodical returns to be furnished by licensed
chemists and druggists of the sale and purchase of dele-
terious drugs and sj-ringes by them and by all licensed
persons of the stock of deleterious drugs and syringes
in their possession ;

this Enactment ;

(d) prescribing the books to be kept by persoyis imqwrting or ex- e. i5o£i9i3.

porting deleterious drugs relating to such importation or
exportation and by persons manufacturing morphine or
cocaine or any salts thereof relating to such manufacture,
and the entries to be made therein and the time and manner
of making such entries ;
(c) prescribing the periodical returns to be furnished by persons
licensed to manufacture morjjhine or cocaine or any salts
thereof relating to the amounts of morphine or of cocaine
or of any salts thereof manufactured by them and the manner
in which and the persons to whom the sam,e Jmve been dis-
posed of and any other matters which may seem to the Chief
Secretary to Government expedient to be included in such
returns ;
(/) generally to carry out the provisions of this Enactment.
(ii) Any person who fails to comply ^ith the requirements of any Penalties for
such rule shall be liable on conviction to a fine not exceeding fifty
dollars and for a second or subsequent offence against the same rule
committed within one year of the conviction for the previous offence
to a fine not exceeding five hundred dollars.

7. (i) The Principal Medical Officer and anj' licensing officer and Powers o£
any Medical Officer authorized in writing by the Principal Medical ^^'^^° '®*^'
Officer or a licensing officer and ever}^ officer of police not below the
rank of Inspector shall have the same powers to search, take samples,
and inspect books, and every Magistrate shall have the same powers
as to the issue of search warrants as are conferred by Section 12 of
" The Poisons Enactment, 1911," as if every deleterious drug were
a poison under that Enactment.

(ii) Any Superintendent of Cu.stoms. principal officer of customs,
or other officer of customs authorized by either of them in writing
in that behalf and any of the officers specified in the last preceding
sub-section may at any time enter upon and search any premises

No. 10 OF 1911.

other than the premises occupied by a licensed person for the purpose
of searching for any deleterious drug or syringes imported or kept
contrary to the provisions of this Enactment and may arrest any
person found in possession of any deleterious drug or syringe reason-
ably believed to have been so imported or possessed and may if
he shall have good reason to believe that any person other than a
licensed person has any deleterious drug or syringe (so imported
or possessed) secreted about his person require such person to
accompany him to the nearest police station or other suitable place
and maj^ cause such person to be searched at such place : provided
that no female shall be searched except by a female.

(iii) Any substance or package containing or believed to contain
E. 15 of 1912. any deleterious drug imported, ■maww/aciwret^, or possessed contrary
to the provisions of this Enactment may be taken possession of
by any of the officers referred to in the last preceding sub-section
and any such ofHcer may arrest without warrant any person reason-
ably suspected of having committed an offence against this Enact-
ment or refusing to accompany him to a police station to be searched
but shall be found to take such person without unnecessary delay
to a police station and charge him.

Forfeiture. 8. In every case in which a conviction is had under this Enact-

ment all deleterious drugs and substances containing deleterious
drugs and all syringes in respect of which such offence was com-
mitted shall be forfeited and shall be disposed of as the Principal
Medical Officer or a licensing officer shall direct.

Jurisdiction. 9. All convictioiis, penalties, and forfeitures under this Enactment

may be had and recovered before any Magistrate of the First Class.

Prosecutions. 10. (i) The Principal Medical Officer and any licensing officer

and any person authorized in writing by one of the said officers may
appear and be heard in the prosecution of any offence punishable
under this Enactment.

(ii) In all prosecutions under this Enactment the onus of proving
that any deleterious drug or syringe found in the possession of the
accused was not in his possession contrary to the provisions of this
Enactment shall be on the accused.

Schedule.
ENACTMENTS REPEALED.

State.

No and
date.

Short title.

Extent of
repeal.

Perak . .

24 of 1907

The Deleterious Drugs
Enactment, 1907

The whole

Selangor

22 of 1907

Do.

Negri Sembilan

19 of 1907

Do.

Pahang

1 of 1908

The Deleterious Drugs
Enactment, 1908

ENACTMENT NO. 11 OF 1911.

As amended by Fed. E. 11 and 41 of 1918, 29 of 1919, 24 of 1920, and
28 of 1920.

An Enactment to consolidate and amend the Law relating
to Land.

Arthur Young, [24th November, 1911.

President of the Federal Council. 1st July, 1912.]

It is hereby enacted by the Rulers of the Federated Mala}' States
in Council as folloAvs : —

PART I.
GENERAL.

1. (i) This Enactment may be cited as " The Land Enactment, short title and
1911," and shall come into force upon such date as the Chief Secre- m^®'^*^^'
tary to Government may, by notification in the Gazette, appoint.

(ii) The Enactments specified in Schedule A are hereby repealed Repeal.
to the extent mentioned in the said schedule ; provided that,
except as herein specially otherwise enacted, nothing shall affect
the past operation of those Enactments or of any order made there-
under or the validity or invalidity of anything done or suffered, or
of any right, title, or interest created, under those Enactments
before the commencement hereof.

(iii) Nothing contained in this Enactment shall be deemed to
prevail against the provisions of " The Customary Tenure Enact-
ment, 1909," of the State of Negri Sembilan.

(iv) All appointments made and all rules which may be in force
as law under the provisions of any of the Enactments hereby
repealed shall, so far as they are consistent with the provisions
of this Enactment, be deemed to have been made under this
Enactment.

2. In this Enactment the following terms shall, if not inconsistent
with the context or subject matter, have the meanings hereunder
assigned to each of them respectively :

'■ The words * the State ' mean with reference to any particular interpretation.
piece of land or any right, title, or interest therein, or any duty or
obligation connected there^\ith, or any matter whatsoever incidental
thereto, the State in which such land is situated, and the words
' the Ruler ' and ' the Resident ' mean, respectively, the Ruler or
Rulers of that State and the Resident of that State."

In the States of Perak, Selangor, and Pahang, "Grant "means a
grant of State land issued by or on behalf of the Ruler of the State,

76 No. 11 OF 1911.

and includes a lease of State land in perpetuity or for a t(^rm of not
less than 999 years issued prior to the commencement of this
Enactment,

In the State of Negri Sembilan, " Grant " means a grant of State
land issued by or in the name and on behalf of the Ruler of the State,
and includes a lease of State land in perpetuity or for a term of
not less than 999 years issued prior to the commencement of this
Enactment.

In the States of Perak, Selangor, and Pahang, "to alienate"
means to sell, lease, or otherwise dispose of State land on behalf
of the Ruler of the State in consideration of the pa3^ment of quit-
rent and of such premium, if any, as may be required.

In the State of Negri Sembilan, "to alienate" means to sell,
lease, or otherwise dispose of State land in the name and on behalf
of the Ruler of the State in consideration of the payment of quit-
rent and of such premium, if any, as may be required.

" Abandonment " means the failure on the part of any holder
of a title to land, or any person on his behalf or claiming under him,
to use such land for the purposes for which it Avas alienated for such
I)eriod as may be prescribed in each case.

" Certificate of Title " means a certificate of title issued under the
provisions of any Registration of Titles Enactment.

" Chief Secretary " means the Chief Secretary to Government,
Federated Malay States.

" Lease " as hereinafter referred to means any lease of State land
given by or on behalf of the Ruler of the State for a term of less
than 999 years.

" Prescribed " means authorized by this Enactment or any rules
made thereunder.

"Public purpose" includes the reservation or acquisition of
land for quarries, brickfields, quays, landing-places, tramways,
railways and railway stations, roads, canals, reservoirs, irrigation
works, aqueducts or water-courses, markets, abattoirs, public baths
or wash-houses, Government buildings, schools, gardens, places of
public worship or instruction, recreation or convenience, refor-
matories, libraries, museums, hospitals, asylums, experimental farms,
E. 41 of 1918. ** or places for the cremation or interment of the dead, and also
for the improvement of unhealthy areas in townships or villages
declared under Section 13 or under anj^ other law in that behalf,
and for such other purposes as the Resident may, with the approval
of the Chief Secretary, declare by notification in the Gazette to be
public purposes within the meaning of this Enactment.

" Rent " means whatever is to be rendered on account of the use
or occupation of land, whether in money or in kind.

" State land " means all lands which have not been and may not
hereafter be reserved for any public purpose, or which have not been
and may not hereafter be leased or granted to or are not and may
not hereafter be lawfully occupied by any person, and includes all
lands wliicl). at the eoiumencement of this Enactment, may have
become or which hereafter may become forfeited by reason of any

LAND. 77

breach of the conditions on which the same have been lawfully
occupied, or which have been or may hereafter be surrendered to
the State by the lawful owner thereof.

" The Collector " means any Collector or Assistant Collector duly
appointed under this Enactment.

" The Court " means a Court of a Judicial Commissioner.

" Commissioner " means the Commissioner of Lands of the Federated e. 28 of losn.
Malay States.

3. (i) State land, for the purposes of this Enactment, is divided classification 01
into the following classes — that is to s,a>y,

(a) Town and village lands ;'

(6) Country lands of 100 acres in area and under ;

(ii) Subject to the provisions of this Enactment, the Resident
in the States of Perak, Selangor, and Pahang, on behalf of the Ruler
of the State, and in the State of Negri Sembilan in the name and on
behalf of the Ruler of the State, may alienate State land for such
interest and in such manner as is authorized b}' this Enactment,
and may, with the approval of the Chief Secretary, impose special
conditions in respect thereof to be set out in the title.

(iii) Nothing in this section shall apply to mining lands except in
so far as such lands may be occupied for purposes other than those
for which they were alienated.

3a. (i) Subject to the provisions of any Enactment, no State land special condi-

which is in the opinion of the Resident more suitable for cultivation aUeiL'tlra'of'""

with wet rice or for being rendered by irrigation or otherwise cultivable land suitable

therewith than for any other purpose shall be alienated except under a cultivation.

special condition requiring the same, or a proportion thereof, to be e. 4iofi9i8.
cultivated annually with wet rice and prohibiting the planting of any
other product thereon.

(ii) Nothing in this section shall apply to land situated within
the boundaries of a township or village.

4. (i) Subject to the provisions of the following sub-sections, the Revision of
rent of all State land, sold or alienated after the 3Ist daj^ of Decem- ^^"''
ber, 1909, shall be liable to periodical revision, which maj^ result

in either enhancement or reduction.

(ii) The first revision under this section may take place on or
after the 1st day of January, 1940, and subsequent revisions may
take place at successive intervals of not less than thirty years.

(iii) At each revision the rent reserved to the State in respect
of any such land may be revised by the Resident, but in making
such revision no improvements made by the landowner, or his
predecessors in title, shall be taken into account,

5. Every title to land under this Enactment or under the Land implied
Enactments. 1903, of Perak, Selangor, Negri Sembilan, and Pahang reentry" ^"'^
shall, by virtue of this Enactment, be subject (in the absence of an
express provision to the contrary) to the following implied condition

in respect of the land comprised therein — that is to say :

78 No. 11 OF 1911.

That in case of a breach of, or default in observance of, any of the
conditions of the said title, whether expressed or implied by the
provisions of this Enactment, the Collector or any Officer authorized
by him in writing may, on behalf of the Ruler of the State, re-enter
on such land, or on any portion thereof in the name of the whole,
and thereupon the same shall be forfeited to and vest in the Ruler of
the State ; provided always that no re-entry shall be made by the :
Collector on the ground of any such breach or default as aforesaid
that may be capable of being repaired or made good, until after
notice substantially in the form of Schedule B shall have been given
by the Collector to the party who has been guilty of the same, to
repair and make good such breach or default within such reasonable
time as may be limited in the notice, and such party shall never-
theless have persisted in his neglect or refusal to repair and make
good the same ; and provided further that forfeiture may be en-
forced notmthstanding the fact that quit-rent may have been
received under such title after the accrual of the liability to for-
feiture, but so that if the forfeiture be enforced any quit-rent
received after the accrual of such liability shall be repaid.

Implied condi- 6. (i) Evcry title to land other than land situated within the
acTess^to o'thfr boundaries of a township or village, whether such title be of a date
lands. prior or subsequent to the commencement of this Enactment,

shall by virtue of this Enactment be subject (in the absence of an
express provision to the contrary) to the following implied con-
ditions in respect of the land comprised therein — that is to say :
{a) That should any claim be hereafter made to the Collector of
the district in which the land referred to is situate, by the
owner or occupier of any land adjacent or contiguous to
the land referred to for a right of way from his land over
the land referred to, to facilitate his access to the nearest
public road, then the Collector may mark out for the pur-
pose a road or way over the land referred to, and in such
case the owner or occupier of the said adjacent or con-
tiguous land making such claim shall be entitled to the use
and benefit of such road or way as a means of passage
between his said land and such public road as aforesaid
but not otherwise in the same manner and to the same
extent as if the said road or way were a public road or way
and the owner of the land shall not obstruct such passage.

(6) That the Collector of the district iii which the land referred to is
situate may mark out over the said land a road or way to
'provide means of approach or access to any State land for
the purpose of the removal therefrom of timber or other forest
produce whether by a public servant or by any person duly
authorized by the Government in that behalf , and in such case
public SQrvants and persons duly authorized as afo7'esaid
shall for the purpose of the removal of timber or other forest
produce from State land over the land referred to, but not
otherwise, be entitled to the use and benefit of such road or way
in the same manner and to the same extent as if the said
road or way were a public road or way and the owner of the
land shall not obstruct such use.

E. 41 of 1918.

LAND. 79

In this section the expression " forest produce " has the meaning
assigned thereto in " The Forest Enactment, 1918 " ;

(ii) (a) When a road or way over any land shall have been
marked out by the Collector under the powers conferred
by paragraph (a) of sub-section (i), the persons entitled e. 4iofi9i8.
to use such road or way shall make full compensation for
damage done to growing crops and permanent improve-
ments, and the expense of making and maintaining such
road or way shall be borne by the owper or occupier of
lands using the same, and any dispute relating to the
matters in this sub-section referred to shall be settled by
the Collector whose decision shall be final.

(b) When a road or way over any land shall have been marked out e. 41 of 1918.
hy the Collector under the powers conferred by paragraph (b)
of sub-section (i), the Government of the State loherein such
land is situate shall make full compensation for damage
done to the land or to anything thereon by the marking out,
making, maintenance, or use of such road or way, ayid the
expense of making or maintaitmig such road or ivay shall
be borne by the Government.

(iii) The owner or occupier of any land over which a road or
way shall be marked out under the provisions of paragraph (a)
of sub-section (i) shall have no claim to compensatiort in respect
thereof otherwise than as provided in paragraph (a) of sub-
section (ii).

(iv) The Collector shall have power to call for the production
to him of any title or document or instrument of title, and to
endorse, or cause to be endorsed, on any such title or document or
instrument of title a description and plan of any right of way b. 41 of ibis.
constituted tmder this section over land comprised in such title or
document or instrument of title.

6a. Every title to land under this Enactment of a date subsequent impUed concii-
to the first day of January, 1921, shall by virtue of this Enactment t'e^Jvitlftfeei
be subject to the following implied condition in respect of the land e, 24 of 1920.
comprised therein — that is to say :

That the Resident may whenever he considers it necessary for a
public purpose cause any tree on the land to which such title relates
to be removed or dealt with in such other way as he deems fit. Where
a tree is removed or otherwise dealt with under this section the Collector
shall award such compensation as he thinks reasonable, provided
always that no such compensation shall be paid in the case of a tree
situated ivithin seventy-five feet of the centre line of a road repairable
out of Government funds, unless the tree was in existence before the
construction of the road.

The order of the Resident and the award of compensation by the
Collector shall be final.

7. The entire property in and control of all rivers, streams, and control of
water-courses is and shall be vested solely in the Ruler of the State, "vers,
but so that, in the case of lands held by a Government Department
under grant or lease or as a reserve, such control may be exercised
by the Head of the Department, under the direction of the Chief

No. 11 or 1911.

Hiver-banks
and sea-shore.

Land reserved.

E. 11 of 1918.

E. -iionais.

Title to ponvey
Hurface rifflitB
only.

Secretary in the case of a Federal Department, and of the Resident
in other cases.

8. No land \A'ithin fifty yards of the bank of any navigable river,
stream, or creek, or of the sea-shore shall be alienated to any person
except with the express permission of the Chief Secretary ; provided
that this section shall not appl}^ in the case of land alienated for the
special purpose of the cultivation of the nipah palm ; and provided,
further, that for the purposes of this section only such rivers,
streams, or creeks, or portions thereof as shall be so declared by the
Resident, by notification in the Gazette, shall be deemed to be
navigable rivers, streams, or creeks.

9. In each State the Resident may from time to time reserve, by
notification in the Gazette, any State lands which in his o])inion are
required for any public purpose or for a residential reserve. Such
notification shall fully describe the land, the public or other purpose,
and the terms on which it is reserved. * * *

10. (i) Where land has been reserved for a ptiblic purpose under the
provisions of the Land Enactment, 1897, of any State, the Land Enact-
ment, 1903, of any State, or this Enactment, and such reservation has
not been revoked,

(a) such land shall not be sold or alienated, and

(b) every disposition thereof except for the purpose for ivhich such

reservation was made shall be void ;

provided that the Resident may, in any case in ivhich a reserve has been
created solely for the protection and, furtherance of public ivorks, authorize
the officer for the time being having the control of such reserve to grant
leases of the whole or any portion thereof, for any jjeriod not exceeding
twenty -one years, for purposes ivhich may appear to the Resident to be
conducive to the advantage and development of such works.

(ii) Where land has been reserved for a public purpose under any
Enactment referred to in subsection (i), the Resident may, notwith-
standing anything contained in the Eriactment under the provisions
whereof such land was reserved, by notification published in one isst(e
of the Gazette, revoke such reservation in ivhole or in part, if it
appears to him expedient so to do ; provided that no reservation shall be
revoked imder this sub-section, unless

(a) notice that it is proposed to revoke the reservation, together ivith

particulars of a time and place at ivhich persons desiring to
shew cause against such revocation will be heard by the
Resident, shall have been published for seven days in a neivs-
paper circulating in the State and shall also have been
published in two consecutive issues of the Gazette ; and

(b) the persons, if any, attending at the time and place so appointed

and desiring to be heard by the Resident shall have been heard
accordingly.

11. (i) Every title to land under this Enactment shall be deemed
to vest in the person entitled thereunder a surface right only in the
land to which such title relates, and, in the absence of an express
condition to the contrary in such title, shall convey no right to
remove, without license, beyond the boundaries of the said land any

LAND. 81

timber, or other jungle produce, gravel, stone, coral, shell, guano,
sand, loam, or clay obtained from the said land, or any bricks, lime,
or other commodities manufactured from the materials aforesaid.

(ii) The produce of plants and trees belonging to anj^ species of
palaquium or payena, commonly known as getah taban, getah
sundek, and getah sempor. growing on alienated land which have been
cultivated to the satisfaction of the Resident shall not be deemed to
be jungle produce for the purposes of this Enactment or of any rules
made thereunder.

12. Except as may he otherwise expressly provided by any E.iiofigis.
Enactment, after any land has been alienated for agricultural ^ndrTay b^*'
purposes under permanent title no right to mine the same shall be ™i"ed except
granted to any person except with the sanction of the Ruler of the sanction.
State in CouncU.

13. In each State the Resident may, by notification in the Gazette, Resident may
divide the territory of the State into districts, and may also declare fnto'd%*tricts°'^^
any defined area therein to be a mukim, township, or village, as the ^^•

case may be, and may in like manner vary or rescind any such
division or declaration or any similar division or declaration in force
at the commencement of this Enactment.

14. Upon any declaration of a township or village under the Boundaries of
preceding section the boundaries thereof shall forthwith be surveyed. y°u4^^s?^ ^^'^

15. ^i) Any person who, at the commencement of this Enactment, Exchange of
is in possession of land by virtue of any document of title other ^'^ titles.
than a lease or grant, may exchange such document, if the land is
situate within the boundaries of any township or village, for a grant

under the provisions of Part II, or, if the land is not so situate, for an
extract from the register or grant under the provisions of Part III,
without further pajmient, except for survey and demarcation fees, if
any : provided that nothing herein contained shall entitle any person
to receive an extract from the register or a grant for a greater area
than that specified in the document of title under which he claims.

(ii) If any document of title under which land is claimed by any Rectification of
person contains, in the opinion of the Collector, no means of identif j4ng "''^ ''"®^-
with reasonable certainty the land to which it relates, the Collector
may, by notice in writing under his hand, require such person to
deliver up the same in order that such corrections or additions may
be made thereto, whether by the endorsement of a plan thereon or
otherwise, as shall enable such land to be clearly identified by means
of such document of title ; and such person shall be bound so to
deliver up the same within one month from the date of the service of
the notice. When such corrections or additions as aforesaid have
been duly made the Collector shall return such document of title to
the person entitled to the custody thereof.

Provided that the Collector shall not so act in respect of any
document of title subject to the provisions of any Registration of
Titles Enactment, or of any Enactment to be read and construed
therewith, save with the consent of the Registrar of Titles.

(iii) When any document of title is forfeited or expires the Collector Delivery of
may by a notice in writing to be served on the holder thereof require p°red tltie."^ "'
him to deliver up such document, and the holder shall thereupon be
legally bound to so deliver it.
TI— 6

No. 11 OF 1911.

Procedure for
issue of titles
and for delivery
of superseded
titles.

Copies of
documents to
be evidence.

Loss of title.

E. 11 of 1918.

Rules.

(iv) When any document of title has been prepared in pursuance
of an application therefor or in substitution for any document of
title to land whereof a part has been surrendered to or resumed by
the Government, the Collector may by notice in writing require the
person entitled to receive such document to attend at the Land
Office within three months from the date of service of the notice and
to sign or take out such document, as the case may be, and to pay
all fees and charges due on account thereof.

The Collector may also by such notice require that the person
entitled to receive such document shall, on the issue thereof, deliver
up any other document of title in substitution for which the said
document has been prepared ; and if any person shall wilfully neglect
to comply with the requirements of any notice under this sub-section
duly served on him, it shall be lawful for the Collector to cancel the
application, if any, in pursuance of which the said document has
been prepared.

(v) If default be made in delivering up any document of title
required to be delivered up under the provisions of sub-section (ii)
or (iv) the Collector may apply to the Court for an order that such
document of title be cancelled or otherwise dealt with, and the Court
shcill make such order in the matter as may be just.

16. A copy of any application, letter, document, or instrument of
any kind whatsoever relating to any purchase, reservation, grant, or
title in respect of land, certified as correct by the officer having the
custody thereof, shall be admissible in evidence in every case in
which the original would be admissible.

17. If any document of title, other than a grant or lease or
certificate of title, is lost or wholly or partly destroyed the person
lawfully entitled to the custody thereof, together with other persons,
if any, having knowledge of the circumstances, may file in the Land
Office of the district in which the land is situated an affidavit or
statutory declaration containing a full description of such document
of title and of the circumstances under which it was lost or wholly
or partly destroyed. The Collector shall thereupon cause a notice
substantially in the form of Schedule C to he 'jiuhlished in the Gazette ;
such notice shall also be published locally in the district for a period
of not less than one or more than three months, and a copy thereof shall
be posted on the land. The Collector may thereafter upon receipt of
the prescribed fees issue to the person so lawfully entitled a certified
copy of the document of title and such certified copy shall be avail-
able for all purposes and uses for which the original document of
title so lost or wholly or partly destroyed would have been available,
and as valid to all intents as such documents of title : provided that
the Collector shall not in any case issue such certified copy unless he
is satisfied as to the truth of the affidavit or declaration and the good
faith of the applicant for the same.

18. The Resident may, with the ap])roval of the Chief Secretary,
from time to time make rules for fully and effectually carrying out
and giving efl"ect to the various purposes, provisions, and powers in
this Enactment contained, and such rules, when published in the
Gazette, shall have the force of law.

LAND. 83

Such rules may provide for :

(i) The mode in which application for land and payment for
survey and demarcation shall be made ;

(ii) The occupation of holdings and the transfer of interests therein
pending survey or demarcation ;

(iii) The temporary occupation of land ;
(iv) The occupation and management of reserves ;
(v) The sale b}' auction of State land ;

(vi) The fixing of premia, rents, and fees under this Enactment ;
(vii) The time and place at which rent due to the State shall be
paid ;

(viii) The service of notices issued under the provisions of this
Enactment or of any rule made thereunder ;

(ix) (a) The time and method of preparing and cultivating land
for the growth of rice ;
(6) Compelling the clearing and cultivation of all lands alienated
either before or after the commencement of this Enactment
for the purpose of the growth of rice ;

taking the season's crop of any alienated land in respect of
which any rule made under clause (a) or (b) of this sub-
section has not been fulfilled either by the owner or by some
person on his behalf ;

(d) Compelling owners or occupiers of land alienated for the

growth of rice to give their labour free for the performance
of such works and duties as may be for their common
benefit in the cultivation of rice ;

(e) The penalty by way of fine, continuing or otherwise, to be

imposed for breach of any rule made under this sub-section ;
provided that no such penalty shall exceed in aggregate
the sum of one hundred dollars.

(x) The establishment and control of villages ;

(xi) Issuing licenses to dig and remove gravel, stone, coral, shell,
guano, sand, loam, or clay, or to remove bricks, lime, or other com-
modities manufactured from the materials aforesaid ; provided that
in the case of land which now is or hereafter may be alienated no
such license shall be issued except to the owner of such land or with
his consent ;

(xii) Prescribing the payments to be made in respect of such
licenses ;

(xiii) Prescribing the procedure to be taken under Sections 22, 37,
49, or any other sections of this Enactment ;

(xiv) Prescribing the poAvers and duties of Collectors, Settlement
Officers, Native Headmen, and other officers entrusted uith the duty
of carrying out the provisions of this Enactment ;

(xv) Prohibiting the planting of any specified product or pro-
viding that any specified product shall be planted and cultivated
only in accordance with such conditions as the Resident, AAith the
approval of the Chief Secretary, may from time to time prescribe ;

(xvi) Altering, adding to, or rescinding any of the forms contained
in the schedules ;

No. 11 OF 1911.

Appointment
of officers.

Appeal to the
Court.

(xvii) All other matters connected with the enforcement of this
Enactment ;

19. (i) In each State the Resident may from time to time appoint
by name or office and, when appointed, remove such and so many
Collectors, Assistant Collectors, Settlement Officers, and other officers
as he may consider necessary for carrying out the purposes of this
Enactment. The appointment of Collectors, Assistant Collectors,
and Settlement Officers shall be notified in the Gazette.

(ii) The Resident may also, if he shall think fit, define the
boundaries within which such officers shall exercise the powers and
perform the duties assigned to them by this Enactment or any
rules made thereunder.

(iii) In any district in which there may be one or more Assistant
Collectors as well as a Collector every Assistant Collector shall
exercise his powers and perform his duties in conformity with the
directions of the Collector.

(iv) All officers appointed by the Resident under this section shall
be deemed to be public servants within the meaning of the Penal Code.

20. Any person dissatisfied with any order or direction of the
Collector in any matter arising under this Enactment, in respect of
which no appeal is otherwise specifically provided for by this Enact-
ment, or as to which it is not provided that the Collector's decision
shall be final, may, in the absence of any direct provision to the
contrary, file a suit in the Court, praying for a revision of such order
or decision, and thereafter the matter shall be heard and decided
according to the law of Civil Procedure in force in the State for the
time being,

21. No grant or lease shall be issued unless and until the land
included therein has been surveyed and demarcated to the satis-
faction of the Collector.

22. (i) If any person owning land under any title other than a
grant or lease or certificate of title is desirous of dividing or partition-
ing such land, application shall be made to the Collector to accept a
surrender of such title, and to issue grants or make new entries in
the register relating to the land comprised therein, in parcels. The
Collector, if satisfied with the title of the applicant, and on payment
of all costs or expenses consequent on such application, shall accept
the surrender of such title and shall in lieu thereof issue grants or
make new entries in the register, as the case may be, in such parcels
as may be reqiiin^d : jirovided that all arrears of rent and charges
(if any) due under the original title shall have been satisfied, and
provided further that the rent reserved on each parcel shall be not
less than fifty cents.

(ii) Where the division or partition is for the purpose of laying
out building lots, and a Sanitary Board has no jurisdiction, it shall
be lawful for the Collector to require such reserves for streets or
back lanes to be laid out as may, in his opinion, be necessary.

23. Except as otherwise in this sectioyi provided, land may at any
time be surrendered to the State by the lawful owner thereof, or lessee

i;.4i of 1018. holding from the State, if the rent for the current year and all arrears,
costs, and charges have been paid and satisfied and the document of title

Survey and
demarcation.

Sub-division
of land.

Surrender of
land.

LAND. 85

{if any) for the land has been delivered up. From the date of such
surrender the Collector shall cease to demand the rent reserved in
respect of such land. Provided that the right of surrender shall in the
case of all lands, whether alienated before or after the commencement of
this Enactment, be subject to the following restrictions, that is to say,
[a) there shall be no surrender of land without the written consent
of all persons having registered interests, by way of charge
or otherwise, therein ;
(6) there shall be no surrender, without the written consent of
the Resident, of any land being a sub-division of a larger
area held at any time under one grant or Government lease
by the owner or lessee thereof or his predecessors in title and
not being the total residue unsurrendered or unresumed of
the larger area so at any time held.

24. (i) Subject to the provisions of this Enactment, any State Leases.
land may, at the discretion of the Resident, with the approval of

the Chief Secretary, be alienated under lease for such term, not
exceeding one hundred years, and subject to such special conditions
and to such special rates of jDremium and rent, as may be approved,
(ii) Every such lease shall be in duplicate and shall be sealed
with the public seal of the State and signed by the Resident and
the lessee.

PART II.

TOWN AND VILLAGE LANDS.

25. (i) This Part applies only to land situated within the Town and
boundaries of a township or village. village lands.

(ii) Every grant issued under this Part for land situated within
the boundaries of a township or village shall be substantially in
the form of Schedule D (i) for Perak,Selangor, andPahang, and in
the form of Schedule D (ii) for Negri Sembilan, and shall be sealed
with the public seal of the State and signed by the Resident.

(iii) Subject to any special exceptions made by the Resident
with the approval of the Chief Secretary in particular cases, every
alienation of State lands under this Part shall be by auction and
shall be subject to the obligations and conditions described in Sec-
tions 26 and 27, and to such other obligations, conditions, exceptions,
and reservations, and such upset price as the Resident may direct.

26. In every grant or lease issued under this Part there shall, implied

by virtue of this Enactment, be implied, in the absence of an obligations in
express provision to the contrary, the following obligations on the
part of the grantee or lessee — that is to say :

(i) That the grantee or lessee will duly pay, at the time and
place and to the person prescribed for that purpose, the rent
specified in the grant or lease ;

(ii) That all marks by which the boundaries of such land are
defined shall be duly maintained ;

(iii) That no portion of such land shall be used for the burial of
a human body without the written authority of the Resident.

The aforesaid obligations shall run with the land, and shall bind
the owner or owners thereof for the time being in like manner as if

No. 11 OF 1911.

Implied con-
ditions in
{jrants.

Title for
building land.

their name or names were substituted in the grant or lease for that
of the original grantee or lessee.

27. Every grant or lease issued under this Part shall, by virtue
of this Enactment, be subject, in the absence of an express provision
to the contrary, to the following implied conditions in respect of
the land comprised therein — that is to say :

(i) That the rent due to the State in respect of such land shall
be a first charge on such land ;

(ii) That there shall be reserved the right of making drains and
sewers, constructing irrigation works and survey stations, laying
down water pipes, erecting wires for telegraphs and other electric
communications, and using, repairing and maintaining the same
upon such land without pa5dng compensation therefor, and that
the officers of the State and all contractors and workmen thereto
duly authorized shall, at all reasonable times, have free access to
such land for such purposes : provided always that, where such
works interfere with improvements, building or cultivated ground,
compensation shall be allowed for disturbance or damage, and the
amount of such compensation shall be determined in the manner
provided in Part VII ;

(iii) That the Collector of the district in which such land is
situate, and the officers duly authorized by him, shall, at all reason-
able times, have free access to such land.

28. No alienated land situated within the boundaries of any
township or village shall be utilized for the erection of any building
within a distance of fifty feet from any public road or street unless
such land be held under grant or lease or certificate of title ; and
any such land so utilized shall be subject to quit-rent at the rates
prescribed for building lots unless it be held under a lease under
Section 24, in which case it shall be subject to the quit-rent reserved
by the terms of such lease.

Country lands ;
small areas.

Mode of
alienation.

Form of title.

PART III.

COUNTRY LANDS 100 ACRES IN AREA AND UNDER.

29. Nothing contained in this Part shall apply to lands exceeding
100 acres in area or to lands included within the boundaries of any
townshij) or village other than lands held under title by entry in
the mukim register prior to the Resident's declaration (if any) of
the township or village under Section 13. And nothing in this
Part shall be held to supersede or to be substituted for the pro-
cedure prescribed by any Registration of Titles Enactment, or by
any Enactment to be read and construed therewith, in respect of
lands held under grant or lease or certificate of title.

30. Alienation of State land under this Part may be by auction
or otherwise as the Resident may from time to time generally or
in particular cases direct.

31. (i) Subject to payment of the prescribed fees, land under
this Part may be alienated under grant or lease or under title by
entry in the inukim register.

(ii) To any person holding land under this Part hy entry in the
mukim register there may be issued on application and after survey

LAND. 87

and payment of the prescribed fees a grant for the land so held or
for any part thereof.

32. (i) Every grant for land under this Part shall be substantially Grants.
in the form of Schedule D (i) for Perak, Selangor, and Pahang, and

in the form of Schedule D (ii) for Negri Sembilan, and shall be

sealed with the public seal of the State and signed by the Resident.

(ii) Every grant or lease issued under this Part shall be subject

to the obligations and conditions described in Sections 26 and 27.

33. (i) The Collector shall keep a mukim register, substantially Mukim
in the form of Schedule E, for each mukim in the district, and in registers.
such register there shall be entered, in serial order, the particulars

of all alienated lands in the mukim other than lands held under
grant or lease or certificate of title together with the special con-
ditions, if any, imposed in respect of such lands.

(ii) Every entry in the register, when completed, shall be certified
by the Collector, who shall affix his signature thereto, and all new
entries that may be made in the register shall, when made, be
certified in a similar manner.

(iii) The Collector shall be responsible for the safe keeping of all
mukim registers of his district.

(iv) The Collector shall also keep a book to be called the Journal
of Transactions, substantially in the form of Schedule F, and shall
enter therein a reference to every instrument which is produced for
registration relating to any land described in the mukim register.

34. (i) There shall be issued, on his application and upon pay- Extracts from
ment of the prescribed fees, to every lawful owner of land in the the register.
district, other than land held under grant or lease or certificate of

title, an extract from the register, which shall be substantially in
the form of Schedule G, and on which shall, unless otherAvise allowed
by the Resident, be endorsed a title plan of the land, with the
dimensions, abuttals, and boundaries thereof : provided that any
person who is in possession of an agreement for a lease under any
previous Enactment shall be entitled, upon payment of survey
or demarcation fees, as the case may be, to receive, at his option,
a grant or extract from the register in lieu thereof.

(ii) Any person holding any land under ancient customary tenure
shall, on complying with such terms as may be prescribed by the
Resident, as to proof of his right, and on payment of demarcation
fees and other prescribed fees, if any, unless he be specially exempted
by the Resident from payment thereof, be entitled to be registered
in the mukim register as owner of such land, subject to a quit-rent,
in the same way as if he had acquired the same under the provisions
of this Enactment.

35. Every person whose name is recorded in anj^ mukim register Eights

as the owner of land in such mukim shall be deemed to have a entryTn mukim
permanent, transmissible, and transferable right, interest, and register.
occupancy in his land, subject to the obligations and conditions
described in Sections 26 ancl 27, and to any special conditions that
may have been lawfully imposed in respect of the said land.

No. 11 OF 1911.

Forfeiture for
abandonment.

Claims to
registration
as owner.

E. 41 of 1918.

Claims to
re^stration by
right of succes-
sion.

36. (i) Any land held under this Part which has been abandoned
for three consecutive years shall be liable to forfeiture, notwith-
standing that quit-rent may have been paid during the whole or
any part of such period. Forfeiture shall be effected by publication
in the Gazette or in such other manner as may be directed by the
Resident, of a notice, substantially in the form of Schedule H,
and by posting a copy of the same on the land.

(ii) In the absence of any special condition denoting the purpose
for Avhich any land under this Part has been alienated, such land
shall be deemed to have been alienated for the purpose of cultivation
and shall be deemed to have been abandoned if not kept under
cultivation to the extent of one-fourth of its area by the owner or
by an}' person on his behalf.

37. (i) Any yerson asserting that he is entitled, otherwise than
by right of succession to a deceased owner, to be registered under this
Part as the owner of any land the value whereof does not exceed one
thousand dollars and which is not held under grant err lease or certifi-
cate of title may, ivhether such land shall have been alienated to any
other -person or not, apply to the Collector to record him as such in
the register of the mukim, in which the land is situate. The Collector
shall thereupon cause a notice of such application, substantially in
the form of Schedule J , to be served on the occupier {if any) of such
land and also to be published locally in the district and posted on the
land for a period of thirty days and shall make such enquiry as may
be necessary. Provided that in any case where the opinion of the
Collector as to whether the value of the land exceeds or does not exceed
one thousand dollars is contested by the applicant or by any party to the
proceedings, the Collector shall refer the question of the value of the land
to the decision of the Resident, and the decision of the Resident thereon
shall be final and there shall be no appeal therefrom.

(ii) // after such notice and enquiry the Collector is of opinion
that such application ought to be granted, or if in the course of such
enquiry it shall be jyroved to his satisfaction that some person other
than the applicant is entitled to be registered as the owner of such
land, then, in either of such cases, he shall make an order, substantially
in the form of Schedule K, in accordance with his decision and shall
thereupon make any necessary entry in the mukim register.

(iii) A copy of the order above mentioned shall be furnished by
the Collector to the person in favour of whom such order is made
and, on application, to any other party to the proceedings or, on
payment of the prescribed fee, to any other person.

37a. (i) Any person claiming to succeed to the ownership of land
of a deceased person, in any administrative district, held under title
by eyitry in the mukim register and not disposed of by the will of the
deceased may, if the aggregate value of all lands in such district which
were held by the deceased at the time of his death tinder title by entry
in the mukim register does not exceed one thousand dollars, apply
to the Collector to record him in the mukim register as oivner of the
land so claimed. The Collector shall thereupon cause a notice of
such application, substantially in the form of SchedtileK^, to be served
on the occupier (if any) of such land and also to be published locally

LAND. 89

in the district and posted on the land for a period of thirty days and
shall make such enquiry as may he necessary.

(ii) // after such notice and enquiry the Collector is of opinion
that such application ought to he granted, or if in the course of such
enquiry it shall he proved to his satisfaction that some person other than
the applicant is entitled to succeed to the ownership of such land, then,
in either of such cases, he shall make an order, substantially in the
form of Schedule K'^, in accordance with his decision and shall thereuqjon ,
suhject to the provisions of subsection (iv), make any necessary entry
in the mukim register.

(iii) A copy of the order above mentioned shall be furnisJied by
the Collector to the person in favour of whom such order is made and,
on application, to any other party to the proceedings or, on payment
of the prescribed fee, to any other person.

(iv) Where in the case of an application under this section the
Collector is of opinion that, by reason of any debt, contract, or thing
incurred, made, or done, or alleged to havebcen incurred, m,ade, or done,
by or on behalf of the deceased, or for any other sufficient cause, it is
expedient to suspend the making of any entry in the mukim register
under sub-section (ii), the Collector may suspend for such period as
he thinks fit the making of such entry.

(v) For the purposes of this section the Collector for any adyninis-
trative district shall have poiver to determine the value of any land
within such district which is held under title by entry in the mukim
register, and any such determination of value by a Collector shall
for the purposes of this section be final and there shall be no appeal
therefrom.

(vi) Notwithstanding anything contained in the Probate and Ad-
ministration Enactments , 1904, no land of a deceased person in respect
whereof ati application can under the provisions of sub-section (i) be
made to a Collector shall by virtue of the said E7iactments vest in the
executor or administrator of such deceased person.

(vii) For the purposes of the application of this section to the State
of Negri Semhilan

(a) in so far as an applicalion under sub-section (i) relates to

land in respect whereof the words ''customary land" have,
under the provisions of " The Customary Teyiure Enact-
ment, 1909," of the said State, been added to the entry in
the mukim register {such land being hereinafter in this
subsection and in Section 38 referred to as ''customary
land "), the limitation in respect of value of lands which is
imposed by subsection (i) shall not apply ; and

(b) in cases where the said limitation applies, the value of cus-

tomary lands shall not he taken into account.

38. (i) From any order of a Collector under Section 37 or Section Appeals to
37a, and from any refusal of a Collector to make an order under the c^rt^°*^°^*°
said sections, an appeal shall He to the Commissioner ; provided that no e. 28 of 1920.
such appeal shall be admitted after the expiration of thirty days from
the date of the order or refusal appealed against.

90 No. 11 OF 1911.

(ii) A7iy person who conceives that a right to or interest in land
ivhich he claims to have is injuriously affected by any such order or
refusal as aforesaid may apply to the Commissioner within three months
after the registration of such order or the date of such refusal to set
aside or vary such order, or, where an order has been refused, to make
an order, and the Commissioner shall try the question whether such order
or refusal be or be not inconsistent with the rights of the applicant ;
and if the Commissioner shall decide that the said order or refusal is in-
consistent with such rights he shall set aside or vary such order, or
himself make an order, as he may think just, and the Collector shall on
receiving notice thereof , make any necessary entry in the mukim register.

(iii) A copy of an order made by the Commissioner under sub-section
(ii) shall be fiirnished by the Commissioner to the person in favourof whom
such order is made and, on application, to any other party to the
proceedings or, on payment of the prescribed fee, to any other person.

(iv) Any person aggrieved by any decisio7i of the Commissioner in an
appeal or application under this section may appeal to the Court ;
provided that no such appeal shall be admitted after the expiration
of thirty days from the date of the decision ajypealed against.

(v) Except as herein expressly provided, no Court shall exercise
jurisdiction as to any claim or question in respect of which juris-
diction is given by Sectioti 37 or Section 37a to the Collector.

(vi) For the purposes of the application of this section to the State
of Negri Sembilan —

(a) the appeal from any order of a Collector tinder Section 37a

and from any refusal of a Collector to make an order tinder
the said section shall, in so far as such order or refusal
relates to customary kmd, lie to the Commissioner sitting with
the Ruling Chief of that part of the State wherein such cus-
tomary land is situate, and the joint decision of the Com-
missioner and such Ruling Chief shall be firial and there
shall be no appeal therefrom ; and

(b) any decision of the Commissioner under subsection (ii) shall in

so far as such decision relates to customary land be final
and there shall be no appeal therefrom.

Powers to 39. (i) For the purpose of any enquiry made by the Collector

enforce uuder Scction 37 or Section 47, or by the Commissioner xxnA&v^e.Q.-

attendance of ^ /^ ^^

witnesses, tion 38 OX Section 49, the Collector or Commissioner, as the case may

E. 28 of 1920. be, may require, by a summons under his hand, any person being

within the State to attend before him and, if necessary, to produce

all documents in his possession relating to any right to or interest

in such land.

(ii) The Collector or Commissioner, as the case may be, may also
examine upon oath, or solemn affirmation having the force of an oath,
any person so summoned touching any right to such land or interest
in the same.

(iii) Every person so summoned or examined shall be legally
bound to attend as required by the summons, and to produce all
such documents as aforesaid, and to answer, on oath or affirmation,
any lawful question put to him.

LAND.

Eecord of
mutations.

40. The Collector shall from time to time make in the mukim
registers all such entries, alterations, or corrections as may become
necessary. All registers, journals, and other records kept under this
Part shall be open to public inspection on every working day between
the hours of 10 a.m. and noon, on payment of the prescribed fee.

41. (i) Every person acquiring the possession of land, other than Notice of aii
land held under grant or lease or certificate of title, or of the profits poss°5s?o°^to
thereof, whether on the death of the owner, or as purchaser, or be given to
otherwise howsoever, and if such person is a minor or of unsound ^ ° ^^ °^-
mind the guardian, next friend, or other person appointed by the

Court to act on behalf of such minor or person of unsound mind,
shall give notice of such acquisition, immediately after it has taken
place, to the Penghulu of the mukim or to the Collector of the
district. It shall be the dut}^ of the Penghulu to report every such
notice received by him forthwith to the Collector.

(ii) The Collector, on receiving such notice or report, shall make
all such enquiry as may be necessary to ascertain the facts of the
alleged transmission or transfer, a,nd if the transmission or transfer
appears to have taken place he shall call upon the parties concerned
to comply with the requirements of this Enactment next hereinafter
mentioned.

(iii) Any person neglecting or refusing to comply Avith the require-
ments of this section within three months from the date of the trans-
mission or transfer shall be liable, on conviction, on the prosecution
of the Collector, to a fine not exceeding ten dollars.

42. No claim to or interest in any land held under this Part shall no claim to
be valid unless it has been registered in the Land Office of the district IfnjeJ^'"^
in which it is situate, in accordance Anth the provisions of this registered.
Enactment.

43. (i) Any person wishing to transfer or lease or charge his land Mode of
shall deliver, or transmit, to the Collector of the district wherein t^^^Ver^or
the land to be transferred or leased or charged is situated the extract charge.
from the register, if any, relating thereto, together with a memo- E.4iof lois.
randum, substantially in the form contained in Schedule L, with

such variations, if necessary, as the Collector may permit, filled
in and duly signed by each of the parties thereto, or if any such
party is a minor or person of unsound mind by the guardian, next
friend, or other person appointed by the Court to act on behalf
of such minor or person of unsound mind. ,

(ii) Every signature to a memorandum shall be attested by one of
the follomng persons :

(a) Within the Federated Malay States —

A Magistrate ;

A Registrar of Titles ;

A Collector of Land Revenue ; or

An Advocate and Solicitor of the Supreme Court.

(b) In the Colony —

A Justice of the Peace ; or
. An Advocate and Solicitor of the Supreme Court of the
Colony.

No. 11 OF 1911.

Transaction to
be registered.

Memorandum
to be flled.

Surrender or
cancellation of
lease.

E.41 of 1918.

in any British Possession other than the Colony —

A Notary Public ;

A Commissioner of the Supreme Court of Judicature
empowered to take affidavit in such Court ; or

The Mayor or Recorder or other Chief Officer of any City
or Municipal Corporation.

(d) In any other place —

The British Consular Officer ; or

Any person specially appointed by the Chief Secretary
in that behalf.

Provided that in all cases in which an official holding a seal
of office shall attest any memorandum he shall authenticate his
signature by his official seal.

(iii) Where any memorandum purports to be signed by any person
as attorney for another, the Collector shall not receive the same for
registration unless the power of attorney is produced and is attested
in a manner similar to that prescribed by sub-section (ii).

Provided that it shall be lawful for the Collector to accept in place
of the original of such power of attorney a copy thereof either sealed
with the seal of the Supreme Court of the Colony and marked as an
office copy of a duly stamped power of attorney or declared by an
endorsement thereon by a Registrar of Titles or a Collector or a
Registrar of the Supreme Court in the Federated Malay States to be
a true copy of a power of attorney in such officer's custody.

(iv) Where any memorandum purports to be signed by any person
on behalf of another who is a minor or of unsound mind the Collector
shall not receive the same for registration until he is satisfied by the
production of the order of Court or otherwise that such person is duly
authorized to act on behalf of the minor or person of unsound mind,
as the case may be.

44. On receiving payment of the prescribed fees and any arrears
of rent which may be due, the Collector shall make in the mukim
register and on the extract, if any, an entry showing the nature of
the transaction and containing a reference to the memorandum on
which it is based, and shall sign the same, and shall certify on the said
memorandum that such entry has been made in the register, and
thereafter shall return the extract, if any, to the party entitled to
the custody thereof.

45. Every such memorandum shall be filed in the Land Office, and
shall bear a number and letter to indicate the entry in the register
to which it relates.

45a. (i) Upon the production of sufficient evidence that any lease
registered under this Part has been surrendered or cancelled hy agree-
ment between the parties, the Collector shall write the word "surrendered"
or " cancelled," as the case may be, upon the memorandum of the
said lease filed in the Land Office and against the entry made in respect
thereof under Section 44 and shall affix hisjignature.

LAND. 93

(ii) In all other cases, unless it he expressly otherwise provided by
the terms of the lease, an order of a competent Court shall he necessary
to the cancellation of such a lease.

46. Upon the production of any charge having thereon an endorse- satisfaction of
ment signed by the chargee and attested in a manner similar to that ^^"^es.
prescribed by Section 43 (ii) to the effect that the charge has been
satisfied the Collector shall write the word " satisfied " against the

entry relating to such charge, together with the date and the number
of such memorandum and shall affix his signature.

47. (i) It shall be lawful for the Collector, on the application of saie of land
any chargee, and on being satisfied that default has been made in ^"chMgee.*'""
payment of the interest or of any part thereof or of the principal sum
secured by the charge, and that three months' notice in writing
demanding payment has been given by the chargee to the owner, to

order the sale of the land comprised in the charge, or of such portion
thereof as may be necessary.

(ii) Such sale shall be carried out at the District Land Office, and
no chargee shall sell any land comprised in a charge except in
accordance with the provisions of this section.

(iii) No order shall be made by the Collector under this section
unless and until a written notice of the application shall have been
served on all persons who would be affected by such order, and such
persons have had an opportunity of appearing before the Collector.

47a. Where hy a memorandum of charge executed after the \st Restriction
day of February, 1920, land is charged under the provisions of this ^^^^1'^'^^°^
Part for securing the repayment of money, no proceedings shall he ^ 29ofi9i9
instituted or conducted or decree or order made in any Court for the
recovery of such money or any part thereof unless and until recourse
shall have heen had to all remedies available wider Section 47 for the
recovery thereof.

48. (i) An executor or administrator or person claiming by any Transmission.
form of succession may produce to the Collector the probate or letters

of administration granted to him, and thereupon the Collector shall,
except in the case of land in respect whereof an application can under j,. a of lois
the provisions of snh-section (i) of Section 37a he made to the Collector,
make under his hand in the mukim register and on the extract, if
any, an entry showing the date of the probate or letters of administra-
tion and the date and hour of the production of the same to him and
shall add the words " as representative " after the name of the
person to whom such probate or letters of administration were
granted, and upon such entry being made such person shall, subject
to the provisions of any Probate and Administration Enactment,
be deemed to be the registered owner of such land or interest or
of such part thereof as shall for the time being remain undisposed
of, and the Collector shall note the fact of such registration by
memorandum under his hand on the probate or letters of administra-
tion. Any person registered as the representative of a deceased person
shall hold the land or interest in respect of which he is registered
for the purposes to which the same is applicable according to equity
and good conscience and subject to any trusts upon ^hich such

No. 11 OF 1911.

Power to call
for documents.

E. 29 of 1919.

B 41 of 1918.

Rectification
of refjister.

E. 41 of 1918.

y.. 28 on 920.

deceased person held tlie same, but for the purposes of any registered
dealings with such land or interest he shall, subject to the provisions
of any Probate and Administration Enactment and of this Enact-
ment, be deemed to be the absolute owner thereof.

48a. (i) The Collector may by notice under his hand require the
owner of, or any other person interested in, any land in respect of
which any transfer, transmission, or other dealivg is about to be
registered tinder this Enactment to produce, within such period (not
being less tha7i fourteen days) after the service on him of the notice
as m,ay be stated in the notice, any extract from the mukim register,
charge, lease, will, or other iiistrumeyit in his possession or under his
control relating to such land, and the person so required shall be legally
bound to produce the same accordingly.

(ii) Every notice issued under this section shall have effect throughout
the Federated Malay States.

(iii) In any case in w hich no successor to or legal representative of
any deceased person shall have been registered, it shall be lawful for
the Collector at any time after the expiration of twelve months from
the death of such person and after notification in two successive
issues of the Gazette and after the expiration of one month from the
date of posting on the land notice of the intention to do so, to resume
on behalf of the Ruler of the State any lands standing in the name
of such deceased person in the mukim register : provided that
no such resumption shall be carried out during the pendency of
proceedings before any Collector or Court to establish the claim of
any person to succeed to the rights of, or to act as legal representative
of, such deceased person.

(iv) Nothing contained in this section shall be deemed to vary or
invalidate the procedure provided by any law in force for the time
being to regulate the succession to estates of small value.

49. (i) Any person claiming any estate or interest in land under
this Part, not being an estate or interest in respect whereof an
application ca7i under the provisions of sub-section (i) of Section 37a
be made to the Collector, may, at any time, if his claim cannot be
properly dealt with under Section 37, apply to the Commissioner for an
order that any register book or journal kept at any Land Office under
this Enactment shall be rectified, or that any entry may be made
or interpolated in any such register book or journal, or that any
entry therein may be cancelled : and the Commissioner may either
refuse such application, or, if satisfied as to the justice of the case,
may make such order in reference thereto as he may think just.

(ii) The Collector and every other person affected by such order
of the Commissioner shall obey the same upon being served with a
copy of such order.

(iii) Any person aggrieved by any refusal or order of the Com-
missioner under sub-section (i) may appeal to the Court : j)rovided
that such appeal shall not be admitted after the expiration of thirty
days from the date of the decision appealed against.

(iv) No Court other than a Court of a Judicial Commissioner shall
have any jurisdiction in matters provided for by this section.

LAND. 95

49a. (i) No attachment by order of Court shall affect any land Attachmeut by
held by entry in the mukim register tintil the Collector of the district °^'^^'^ °^ ^°"^*-
within which such land is situate slmll be served with a copy of the E.4iofi9i8-
prohibitory order, sufficiently specifying the land sought to be affected
thereby ; the Collector shall forthwith, after marking upon such copy
the time of such service, enter a memorandum thereof in the mukim
register.

(ii) Such entry shall operate as a caveat against registration of any
dealing with the land so specified other than in pursuance of the pro-
ceedings in which the attachment ivas ordered while the same remains
in force, and after any land so specified shall, as a result of the said
proceedings, have been sold by order of Court the Collector shall, 07i
receiving a transfer thereof substantially in the form contained in
schedule L\ make an entry thereof in the mukim register, and on such
entry being made the jmrchaser shall be deemed the owner of such land ;
'provided tlmt until a memorandum shall have been entered as prescribed
by suh-section (i) no sale or transfer in the course of the said pro-
ceedings shall be valid as against a purchaser for valuable considera-
tion, notwithstanding that the purchaser had actual notice of the said
proceedings.

(iii) Upon production to the Collector of sufficient evidence of the
satisfaction of any claim in pursuance whereof the attachment was
ordered and the copy of the prohibitory order served as aforesaid, he
shall cause an entry to be made in the mukim register to that effect,
and on such entry such claim shall be deemed to be satisfied.

(iv) Every such attachment shall cease to affect any land specified
as aforesaid imless a transfer upon a sale in pursuance of the pro-
ceedings in which the attachment was ordered shall be registered within
six months from the day 07i which the copy of the prohibitory order
is served, and upon the expiration of that period the Collector shall
cancel in the mukim, register the said m,emorandum.

50. Any person claiming to be interested under any will, settle- caveat may
ment, or trust deed, or any instrument of transfer or transmission, or ^® 'o^ged.
under any unregistered instrument, or otherwise howsoever, and
if such person is a minor or of unsound mind the guardian, next
friend, or other person appointed by the Court to act on behalf of
such minor or person of unsound mind, in any land under this
Part held by entry in the mukim register may lodge a caveat with
the Collector to the effect that no disposition of such land be made
either absolutely or in such manner and to such extent only as in
such caveat may be expressed, or until notice shall have been served
on the caveator, or unless the instrument of disposition be expressed
to be subject to the claim of the caveator, as may be required in
such caveat, or to any conditions conformable to law expressed
therein,

(i) A caveat may be in the form contained in Schedule M, and Form of caveat.
shall be verified by the affirmation of the caveator or his agent, and
shall contain an address within the State at which notices may be
served.

(ii) Upon the receipt of a caveat the Collector shall make a Notice to
memorandum thereon of the date and hour of the receipt thereof, '=*^®''*'®^-

No. 11 OF 1911.

Effect o£
caveat.

Caveator may
be required
to show cause.

Removal of
caveat.

Caveatee to
give address.

Extension of
time to
caveator.

Withdrawal
of caveat.

Record of
withdrawal,
lapse, or
removal.

and shall enter a memorandum thereof in the mukim register, and
shall forth^^ith send a notice of such caveat, through the post
office or otherwise, to the person against whose title such caveat
shall have been lodged, hereinafter called " the caveatee."

(iii) So long as any caveat shall remain in force prohibiting the
transfer of, or other dealing with, land, the Collector shall not
enter in the mukim register any memorandum of transfer or other
instrument purporting to transfer or otherwise deal with or affect
the land in respect of which such caveat may be lodged ; provided
that the Collector may make any entry required to be made in the
mukim register under Section 75 notwithstanding the terms of any
caveat.

(iv) The owner or other person claiming land may by summons
call upon the caveator to attend before the Court to show cause
why the said caveat should not be Avithdrawn, and it shall be lawful
for the Court, upon proof that such last-mentioned person has been
summoned, and upon such evidence as the Court may require, to
make such order in the premises, either ex parte or otherwise, as
to the Court shall seem fit. And where a question of right or title
shall require to be determined the proceedings shall be as nearly
as may be in conformity with the rules of Court in relation to civil
causes.

(v) Except in the case of a caveat lodged by the Collector the
caveatee may make apj)lication in writing to the Collector to remove
such caveat, and thereupon the Collector shall give twenty-one
days' notice in writing to the caveator requiring that the caveat
be withdrawn, and after the lapse of twenty-one days from the date
of the service of such notice at the address mentioned in the caveat
the Collector shall remove such caveat from the register by entering
a memorandum that the same is discharged, unless he shall have
been previously served with an order of the Court extending the
time as herein provided.

(vi) Such caveatee shall in such application give an address in
the State at which notices and proceedings may be served.

(vii) The caveator may, either before or after receiving such
notice from the Collector, apply by summons to the Court for an
order to extend the time beyond the twenty-one days mentioned
in such notice, and such summons may be served at the address
given in the application of the caveatee, and it shall be lawful for
the Court, upon proof that the caveatee has been summoned, and
upon such evidence as the Court may require, to make such order
in the premises, either ex parte or otherwise, as to the Court shall
seem fit.

(viii) The caveator may, by notice in writing to the Collector,
withdraw his caveat at any time, but such withdrawal shall not
prejudice the power of the Court to make an order as to payment
by the caveator of the costs of the caveatee incurred prior to the
receipt by the caveatee of notice in writing of the withdrawal of
such caveat.

(ix) An entry shall be made by the Collector in the register of
the withdrawal, lapse, or removal of any caveat or of an}^ order made
by the Court.

LAND.

(x) It shall not be lawful for the same person, or for anyone on Prohibition of
his behalf, to lodge a further caveat in relation to the same matter, by samepereon
but the Collector may alter or amend the same in such manner in same matter.
and on such terms as may seem just, and all such amendments
shall be made as may be necessary for the purpose of determining
the real questions in controversy between the caveator and caveatee,
and nothing herein contained shall prejudice the right of the Collec-
tor to enter or continue any caveat under the powers vested in him
by sub-section (xii).

(xi) Any person other than the Collector lodging or continuing compensation
an}'^ caveat wrongfully and without reasonable cause shall be liable ^^J^t^ui"
to make compensation to any person who may have sustained lodging caveat.
damage thereby.

(xii) The Collector may at any time enter a caveat on behalf of careat by
the Ruler of the State, or on behalf of any person who may be under Collector.
the disability of infancy, lunacy, unsoundness of mind, or absence
from the State, to prohibit the transfer of, or any dealing with, any
land belonging or suj)posed to belong to the State or to any such
persons as hereinbefore mentioned, and also to prohibit any dealing
with any land in any case in which it shall appear to him that an
error has been made by misdescription of such land or otherwise in
any document of title or other instrument, or for the prevention of
any fraud or improper dealing,

51. All lands under this Part shall be measured and demarcated Demarcation.
with permanent boundary marks, and the Collector may at any time,

in case of dispute, direct a survey to be made of any of the said
lands, and may order the party found to be in the wrong to pay
the whole or any part of the cost of such survey according to the
prescribed scale.

PART IV.
COUNTRY LANDS EXCEEDING 100 ACRES IN AREA.

52. Nothing contained in this Part shall apply to lands not country lands :
exceeding 100 acres in area or to lands included within the large areas.
boundaries of any township or village.

53. Alienation of State land under this Part may be by auction Mode of
or otherwise as the Resident may from time to time generally or *'ie"^*><"^-
in particular cases direct.

54. Except with the approval of the Chief Secretary no land Limitation of
other than land bought at auction shall be granted or leased to tohe'^SMnted to
any person, whether as sole or joint proprietor, if the aggregate area one person.

of land other than land bought at auction granted or leased to
such person, whether as sole or joint proprietor, will thereby exceed
640 acres.

55. (i) Every grant under this Part for an area not exceeding obligations and
640 acres shall be substantially in the form of Schedule D (i) for ''°°^|"°°^"^
Perak, Selangor, and Pahang, and in the form of Schedule D (ii) for

Negri Sembilan, and shall be sealed with the public seal of the State
and signed by the Resident.

II— 7

98 No. 11 OF 1911.

(ii) Every grant or lease under this Part for an area not exceed-
ing 640 acres shall be subject to the obligations and conditions
described in Sections 26 and 27.

Eight of 56. (i) In every such grant or lease there shall, by virtue of this

re-entry. Enactment, be impliedly reserved the right to re-enter on the said

land in any of the following events— that is to say :

(a) If a bo)td fide commencement be not made to cultivate
the land within twelve months from the date of the grant
or lease ;

(6) If the said land be not cultivated to the extent of one-
quarter of the total area within five years from the date
of the grant or lease ;

and to resume such portions thereof as are not then under cultivation :
provided that there shall, in any such case, be reserved to the grantee
or lessee such belts of jungle and other plots of land as may be
necessary for the purpose of maintaining or protecting existing
cultivation, or for the proper and effectual managementof the estate;
and provided further that there shall also be reserved to the grantee
or lessee the right to retain possession of two acres of land in respect
of each acre then being under cultivation.

(ii) In the case of any grantee or lessee who shall have fulfilled
the condition of cultivating one-quarter of the area comprised in
his grant or lease within the required period of five years, there shall
be endorsed on such grant or lease and signed by the Resident a
memorandum to the effect that the above condition has been
fulfilled and that no further liability attaches to the said land in
respect thereof. And in the case of contiguous blocks of land held
by the same person there shall be no right of re-entry under sub-
section (i) (b) if one-quarter of the total area of such contiguous
blocks bo cultivated within five years from the date of the first
grant or lease under which any of such blocks is held.

(iii) In this section the terra " cultivation " with its cognate
expressions means, in the case of land expressed to be alienated for
other than agricultural purposes, the effective use of the land for
the purpose for which it was alienated ; and the term " contiguous
blocks " means such blocks as are not separated from each other by
alienated land held by another person or by State land, other than
such State land as is required for roads, railways, or waterways,
or by land reserved under Section 9, other than land so reserved for
any of the said purposes.

Areas exceeding 57. EvcTy grant uudcr this Part for an area exceeding 640 acres
040 acres. shall bc scalcd with the public seal of the State and signed by the

Resident, and every grant or lease under this Part for an area
exceeding 640 acres shall bc subject to the obligations and con-
ditions described in Sections 26 and 27, and to such other conditions
as to cultivation, rent, forfeiture, and otherwise as the Resident,
with the approval of the Chief Secretary, may in each case impose :
provided that whenever any such grant or lease or any certificate
of title for an area exceeding 640 acres issued pursuant to any such
grant or lease shall be sub-divided, every sub -division thereof

LAND.

which shall be for an area not exceeding 640 acres shall be subject
to such conditions as to cultivation, rent, forfeiture, and otherwise
as the Resident, with the approval of the Chief Secretary, may in
each case impose.

PART V.
DEMARCATION AND SURVEY.

58. Any Collector, vSettlement Officer, Surveyor, Demarcator, or General
Land Measurer appointed by and acting under the authority of the powers.
Resident may, at any reasonable time, enter upon all lands which he

is required to demarcate or survey, and upon lands contiguous
thereto, and may make all enquiries, and may fix or place any stone,
post, pillar, or other boundary mark in or upon the land, and may
dig up any ground for the purpose of fixing the same, and may cut
down and remove any timber or other grow th which may obstruct
any survey line : provided alwaj's that as little damage as possible
shall be done to the land or to any property thereon.

59. (i) The Settlement Officer may cause a notice, substantially Kotke to
in the form of Schedule N, to be served on any person owning, [gQ^^ngg*'
occupying, or otherwise interested in anj^ such land, and any land
abutting thereon, or on any person employed on or connected with

such land, requiring such person to attend before him at a time and
place to be stated in the notice, for the purpose of pointing out the
boundaries of such land, or of rendering aid in setting up or repairing
the boundary marks, or of affording assistance or information for
the purpose of the demarcation or survey.

(ii) Every person upon whom such notice may be served shall be
legally bound to attend as required by the notice and, so far as
he may be able, to do any of the things mentioned therein.

60. The Settlement Officer may cause a notice, substantially in clearing of
the form of Schedule 0, to be served on any owner or occupier of ^^oundary imes,
such lands, requiring him to clear any boundary line, or to cut any

line which may be necessary for the purposes of demarcation, or
to provide labour or otherwise assist in such work ; and, if it is
necessary to employ hired labour for such purposes, the Settlement
Officer may assess and recover from such owner or occupier the cost
of the same.

61. (i) If it is necessary to remove or destroy any trees, fences, compensation
crops, or other property of value in order to effect the clearance of by'^'.l'Jar'Lce.'"'
any line, the Settlement Officer shall assess the value of the same

and shall pay or tender the amount so assessed to the owaiers
thereof.

(ii) Any dispute regarding the sufficiency of the amount so paid
or tendered shall be determined by the Collector, whose decision
shall be final.

(iii) Provided that the assessment shall be made before the
property is removed or destroyed.

100

No. 11 OF 1911.

Notice to per-
sons to give
Information or
to produce
documents.

Boandary
marks to be
erected.

Power to
place marks
under charge
of owner and
occupier.

Power to
re-erect and
repair boun-
dary marks.

Duties of
PeniihuhiS.

Removal of or
interference
with survey
and land marks.

62. The Settlement Officer may issue a notice, substantially in
the form of Schedule P, calling upon any person who can give any
information respecting the boundaries of the land, or in whose
possession or power any document relating to such boundaries
is alleged to be, to attend before him and give such information,
or produce such document on a date and at a place to be mentioned
in the notice. Every person on whom such notice is served shall
be legally bound to attend and to give such imformation, and to
produce such document as is required b}^ the notice.

63. The Settlement Officer shall, after making due enquiry, mark
out the boundaries of the land, and shall, unless permanent boundary
marks of a suitable description have already been erected, cause
the same to be erected, in such manner and number as he may
consider sufficient, and maj^ recover the cost thereof from the owner.

64. The Collector may cause a notice, substantially in the form of
Schedule Q, to be served on any owner or occupier, placing under
his charge any boundary marks erected on the boundary of his
land, and such owner or occupier shall thereupon preserve the same
and shall give immediate notice to the Collector or to the nearest
Penghulu if any such marks are injured, destroyed, or removed.

65. Whenever a Collector becomes aware that any boundary
mark in his district has been injured, destroyed, or removed he may
cause the same to be replaced or repaired, and may recover the
expenses of so doing from the person who is bound to preserve such
mark.

66. It shall be the duty of every Penghulu of a mukim or other
native headman to prevent the obliteration of any boundary line
and the destruction, injury, or alteration of any boundary marks
within the local limits of his jurisdiction, and to report immediately
to the Collector whenever he becomes aware that any such line
remains so obliterated or that any such mark has been so inter-
fered with.

67. No land mark, boundary mark, trigonometrical station,
semaphore, or other survey mark, shall be defaced, obliterated,
removed, injured, or otherwise impaired, destroyed, or rendered
useless, except by a person duly authorized thereto by the officer
having control of such station or mark, and any person acting in
contravention of this section shall be liable, upon conviction by a
Magistrate, to the penalty provided by the Penal Code, and may
further be ordered to pay a sum not exceeding three times the cost
of repairing or replacing such station or marlc, and of making any
survey rendered necessary by the act for which such conviction was
had, the amount to be recovered by the process provided for the
recovery of fines. Should any person have occasion to require
the temporary or permanent removal or alteration of any such
station or mark, he shall make an application in writing to that
effect to the officer having control of the same, setting forth the
reasons for such application, whereuiion such officer may comply
with such api)lication and shall be entitled to recover from the
applicant the cost of such work as may be thereby entailed.

LAND. 101

PART VI.
COLLECTION OF LAND REVENUE.

68. Every sum now due or which shall hereafter become due to Land revenue
the Ruler of the State on account of rent or of any revenue due in '■®^°'^®''^'' ^•
respect of land may be recovered in the manner hereinafter pro-
vided.

69. When any such sum has fallen due and a written notice of "Arrear-
demand, substantially in the form of Schedule R, has been served ter" de^finecf.
on any one of the persons hable therefor, or if such person is a minor

or person of unsound mind on the guardian, next friend, or other
person appointed by the Court to act on behalf of such minor or
person of unsound mind, and a period of fifteen days, or such
further time as may have been allowed by the Collector, has elapsed
from the date of such service Avithout such sum having been
paid or satisfied, such sum shall be an " arrear," and every person
liable for it shall be a " defaulter."

70. With a view to the recovery of an arrear the Collector may Proceedings
issue an attachment, substantially in the form of Schedule S, and plreraai
may seize, by virtue thereof, any personal property of the defaulter property ^^^
wherever the same may be found within the Federated Malay States "°''^"
and may also seize any effects or any crops to whomsoever belonging

which may be found on the land in respect of which the arrear is
due, and may, not less than three daj^s after such seizure, sell the
same by public auction : provided that in the case of growing crops
it shall be lawful for the purchaser to retain possession thereof on
the ground until ripe, and thereafter to reap or remove the same.

71. (i) The attachment may be made by an officer deputed by the Attachment
Collector for that purpose, who shall issue a notice, substantially in made'by
the form of Schedule T, and shall take an inventory of the property subordinate
attached.

(ii) Such officer shall be deemed to be a public servant within the
meaning of the Penal Code.

72. If the procedure prescribed by the two preceding sections Proceedings
proves ineffective for the recovery in full of the arrear and costs the flndT* ^^^
Collector may proceed against the land in respect of which the arrear

is due as next hereinafter provided.

73. The Collector may issue a notice of sale of the land, sub- Notice of sale.
stantially in the form of Schedule U, and if at the expiration of the

period of four months therein mentioned the arrear has not been paid
or satisfied he may sell by public auction the whole of such land, or
such part thereof or such interest therein as he may deem sufficient to
satisfy the same together with the costs of all processes relating
thereto.

74. The jDroceeds of any sale under Section 70 or Section 73 shall Application of
be applied, in the first place, in satisfaction of the arrear and costs, p^°'^^^^^-
and in the event of there being any surplus remaining the Collector

shall, if he is satisfied as to the right of any person claiming such

102

No. 11 OF 1911.

Title conferred
on purchaser.

Notice to
deliver title.

Penalty for
fraudulently
dealing with
title.

Power to stop
Eale.

Apjjlicatiou
to Court.

Heversion to
the State of
laud not sold.

surplus, pay the amount thereof to such person, and, if he is not so
satisfied, shall place the amount on deposit in the Treasury of the
State to be held in trust for the person who may ultimately succeed
in establishing his claim hereto.

75. The purchaser at a sale held under Section 73 shall, upon
payment of his purchase money to the Collector, be entitled to have
the title to the la,nd or interest so purchased by him duly registered in
his name, without the payment of any fee therefor, and such registra-
tion shall have the effect of transferring to and vesting in him such
land or interest free of all encumbrances created by or derived from
the defaulter or his predecessor in title, except such as are expressly
reserved by the Collector at the time of sale.

76. The Collector may, by a notice, substantially in the form of
Schedule V, require the defaulter or any person in possession of any
document of title relating to the land which, or a j)art of or interest
in which, has been so sold or offered for sale as aforesaid, to deUver to
him such document of title, and such defaulter or other person shall
be legally bound to comply with such notice. In any case in which
it may be found impossible to recover such document of title it shall
be lawful for the Collector to issue a new document of title in the
place of the former one, and thereujaon the former document of title
shall be deemed to be cancelled and the new document to be for all
intents and purposes the only title for the land comprised therein.

77. Any person dishonestly and fraudulently using any document
of title relating to the land which, or a part of or interest in which,
has been so sold as aforesaid, in a manner inconsistent Avith the rights
of the purchaser, after service on him of the notice required by the
preceding section, shall be deemed to have committed, or to have
attempted to commit, the offence defined in Section 415 of the Penal
Code.

78. If any person tenders to the Collector the amount of the
arrear and costs at any time previous to the sale, the Collector shall,
upon receipt of the same, desist from all further proceedings in
respect thereof.

79. If any person whose property, crop, or land has been attached
or advertised for sale under the provisions of this Part disputes the
propriety of such attachment or sale, he may, in the case of movable
property, apply to the Court of the nearest Magistrate, and, in the
case of immovable property, to a Court of a Judicial Commissioner
for an order to stay the proceedings, and such Court, after hearing
the Collector and making such further enquiry as may be necessary,
shall make such order as may be just.

80. If at any such sale as aforesaid there shall be no bid sufficient
to cover the amount due for arrears and costs, the collector shall
record the fact in the auction sale book, and upon such record being
made the said land shall revert to and be vested in the Ruler of the
State, and all right, title, and interest of the defaulter therein shall
cease. In every su(^h case the Collector shall make an entry to the
above effect under his hand on the; duplicate of the document of title
or in the mukim register, as the case may be.

LAND. 103

PART VII.

ACQUISITION OF LAND FOR RESIDENTIAL
RESERVES OR PUBLIC PURPOSES.

81. Whenever it appears to the Resident that land in any locality power to enter
is likely to be needed for a residential reserve or for any public aid survey.
purpose, a notification to that effect shall be published in the Gazette,
and the Collector shall publish the substance of such notification at
convenient places in such locality, and thereupon it shall be lawful
for any person, either generally or specialty authorized by the
Resident, and for his servants and workmen, to do all or any of the
following things — viz.,

(i) To enter upon and survey and take levels of any land in the
said locality ;

(ii) To dig or bore into the sub-soil ;

(iii) To do all other acts necessary to ascertain whether the land
is adapted for such purpose ;

(iv) To set out the boundaries of the land proposed to be taken
and the intended line of the work proposed to be made thereon ;

(v) To mark such levels, boundaries, and line by placing marks
and cutting trenches ;

(vi) Where otherwise the survey cannot be completed, the levels
taken or the boundaries or line of the work marked, to cut down and
clear away any standing crop, fence, or jungle.

82. Provided that no person shall enter into any building or Previous notice
upon any enclosed court or garden attached to a dwelling-house "Gentry.
(unless with the consent of the occupier thereof) A\dthout previously

giving such occupier at least seven days' notice in writing of his
intention to do so.

83. All damages done by proceedings taken under Section 81 payment for
shall be assessed and paid by the Collector on complaint being made <^^™^g6-

to him by the party suffering the same, subject to reference to
arbitration, and to the Court, in the manner hereinafter provided.

84. Whenever it has been determined to resume any land for a Declaration
residential reserve or any public purpose, a declaration to that effect requkecUcfra
shall be published in the Gazette, stating the district or other terri- pubUc purpose,
torial division in which the land is situate, the purjDose for which it

is needed, its approximate area, and all other particulars necessary
for identifying it, and the place where and the time when a plan of
the land may be inspected, and thereupon it shall be lawful for any
person either generally or specially authorized by the Resident in
that behaK to enter into possession of such land.

85. (i) After the publication of the declaration mentioned in the Notice on the
preceding section in the Gazette the Collector shall cause public *° '
notice to be given at convenient places on or near the said land

stating that the Government intends to take possession thereof and
that claims to compensation for all interests therein may be made
to him.

104

No. 11 OF 1911.

Notice to
occupiers and
persons
interested.

Persons legally
bound to make
statements.

Enquiry into
value and
amount of
compensation.

Award in case
of agreement.

Procedure in
case of dispute
as to apportion-
ment.

Interim award
in absence of
parties.

Reference to
arbitration.

(ii) Every such notice shall state the particulars of the land and
shall require all persons interested therein to appear, personally or
by agent, before the Collector at a time and place mentioned in the
notice (such time not being earlier than twenty-one days after the
posting of the notices), and to state the nature of their respective
interests in the land, and the amount and particulars of their claims
to compensation for such interests.

86. The Collector shall also cause a notice to the same effect to
be served on the occupier (if any) of such land, and on all persons
known or believed to be interested therein, or their duly authorized
agents : provided that if any such person, having no agent, resides
outside the limits of the State and his address is known, the notice
may be sent to him by registered letter and a reasonable time allowed
for reply thereto.

87. Every person required to make or deliver a statement under
this Part shall be legally bound to do so within the meaning of
Sections 175 and 176 of the Penal Code.

88. On the day mentioned in the notice the Collector shall proceed
to hold an enquiry into the value of the land, and as soon thereafter
as possible to determine the amount of compensation which in his
opinion should be paid therefor, and shall offer, in writing, such
amount to the persons interested.

89. If the Collector and all the persons interested agree as to the
amount of compensation to be paid, the Collector shall make an
award under his hand for the same. Such award shall be filed in
the District Land Office, and shall be conclusive evidence, as between
the Government and the persons interested, of the value of the land
and of the amount of compensation to be paid for the same.

90. If any dispute arises as to the apportionment of the same or
any part thereof, the Collector shall settle such dispute, subject to an
appeal to the Court, which may be brought within one month of the
date of the award.

91. If any person whom the Collector has reason to believe to
be interested does not attend after due service of notice, the Collector
may proceed in his absence to determine the amount of the com-
pensation to be paid and may make an interim award under his hand
for the same, which award shall thereupon be published in each issue
of the Gazette for a period of three months, at the expiration of which
time — unless in the meanwhile such person shall have protested
against the award in writing to the Collector stating the ground of
his protest and giving a reasonable explanation of his previous non-
attendance — such award shall become absolute and final as against
such person. In the event of such a protest being received by the
Collector within such period of three months, accompanied by a
reasonable explanation of the previous non-attendance, the Collector
shall re-open his enquiry and proceed as though no interim award
had been made.

92. If the Collector is unable to agree with the persons interested
who have attended in pursuance^ of the notice, as to the amount of
the compensation to be ])aid, or if any (question arises of which he
is unable to dispose, he shall refer the matter to arbitration in the
manner hereinafter provided.

LAND.

105

93. Reference to arbitration shall be made in the manner How to be

j> 11 ■ made.

lollowing :

The Collector shall cause a notice in writing to be served on each
of the persons whom he has reason to believe to be interested in the
land, or who claim to be so interested, requiring hira to state, on or
before a day to be therein mentioned, the sum which he claims as
compensation for his interest in the land.

94. He shall at the same time cause to be served on the parties so Notice to
interested, or claiming to be interested, a notice in writing requiring arbitrator.
them to appoint within the time mentioned by the notice (which

shall not be less than twenty-one days from the date of the publica-
tion of the notice), a competent person to act as arbitrator for the
parties interested in determining the amount of the compensation.

95. He shall also appoint a competent person to act as arbitrator coUector to
for the Government. arbitrator,

96. Every person so appointed shall be legally bound to attend i^^jf'^^'^ ,
and act as arbitrator unless excused for some reason to be approved to" act.

by the Resident.

97. The arbitrators so appointed shall meet at a place and time to Enquiry by
be fixed by the Collector, and shall thereuj)on hold an enquiry and ^^ ' ^^ °"'
proceed to determine the amount of compensation to be paid for the

land, and the persons to Avhom and the proportions in which the
same is to be paid.

98. The Collector shall furnish, for the information of the arbitra- collector to
tors, a statement, in writing, setting forth the following particulars : mentfto^*^*^^'

(i) The situation and extent of the land ; arbitrators.

(ii) The names and description of the residences and occujDations
of the persons whom he has reason to believe to be interested in the
land, or who claim to be so interested ;

(iii) The amount of compensation offered by him, or which he is
prepared to offer ;

(iv) The grounds on which such amount was determined ;

(v) The amount which each of the parties interested claims as
compensation for such interest.

99. For the purpose of any enquiry under this Part, the Collector Powers of
or arbitrators shall have the same power of summoning and enforcing arbitrators!"^
the attendance of witnesses, and of compelling the production of
documents, and of postponing the enquiry from time to time, as the
ordinary Courts of the State have in civil suits.

100. If the arbitrators agree as to the amount of compensation Award by
to be paid and as to the persons to whom and the proportion in which arbitrators.
the same is to be distributed, they shall make an award, in writing

under their hands, setting forth the same, and such award shall be
final, and shall be filed in the place and in the manner provided by
Section 89.

101. If the arbitrators are unable to agree upon the matters Report by
referred to them for decision, they shall make a report in WTiting to clse^of dis- '°
that effect to the Collector, setting out the differences which exist agreement.
between them and the points on which they are agreed.

106

No. 11 OF 1911.

Reference to
Court.

Fees to
arbitrators.

Costs.

Order of Court.

Matters to be
considered in
determining
compensation.

102. The Collector shall thereupon refer the matter for the
decision of the Court by forwarding the report of the arbitrators,
together with a copy of the statement furnished by him to the
arbitrators as required by Section 98, and the Court shall thereupon,
as soon as conveniently may be, proceed to determine the amount
of the compensation, and no appeal shall be allowed from the order
of the Court thereon : provided that if no arbitrator is appointed
under Section 94, the Collector's offer under Section 88 shall be
referred for the decision of the Court.

103. Every arbitrator (not being an officer of the Government)
may receive such fee for his services as the Resident or the Court
shall direct : provided that such fee shall not exceed fifty dollars
a day.

104. (i) The costs of all proceedings taken under this Part shall be
paid in the first instance by the Collector.

(ii) When the amount awarded does not exceed the sum offered
by the Collector, such costs shall be paid by the person interested.

(iii) When the amount awarded exceeds the sum so offered but
the Court considers that the claim of the person interested was
extravagant or that he was negligent in putting his case before the
Collector, the Court may at its discretion make such order as to
costs as it may think fit.

105. Every order of Court made under this Part shall be in
writing, and shall specify :

(i) The amount of compensation, and the persons to whom and
in what proportion it is to be paid ;

(ii) The amount of costs incurred in the proceedings, and by
what persons and in what proiDortions they are to be paid.

106. The amount of compensation to be awarded for land
acquired under this Part shall be made up of the following par-
ticulars :

(a) the fair market value at the date of the publication of the
notification under Section 81, if such notification shall
within six months from the date thereof be followed by
a declaration under Section 84 in respect of the same
land, or in other cases the fair market value at the date
of the publication of the declaration under Section 84,
due regard being in all cases had to the nature and the
condition of the property and in the case of buildings to
their probable duration in their existing state and to the
state of rejaair thereof ;

(h) the damage, if any, sustained by the person interested at
the time of awarding compensation by reason of severing
such land from his other land ;

the time of awarding compensation by reason of the.
acquisition injuriously affecting his other property,
whether movable or immovable, in any other manner or
his actual earnings ; and

(d) if in consequence of the acquisition he is compelled to

change his residence or ])lacc of business, the reasonable
expenses, if any, of such change.

LAND. 107

107. In determining the amount of compensation to be awarded Matters to be
for land acquired under this Part, the particulars following shall ^ete^in?
not, nor shall any of them, be taken into consideration : compensation.

(a) the degree of urgency Avhich has led to the acquisition ;

(6) any disinchnation of the person interested to part with the

land acquired ;
(c) any damage sustained by the person interested which, if

caused by a private person, would not be a good cause

of action ;

. {d) any damage, which after the time of awarding compensation,
is likely to be caused by or in consequence of the use to
which the land acquired will be put ;

(e) any increase to the value of the land acquired likely to
accrue from the use to which it will be put when acquired ;

(/) any increase to the value of the other land of the person
interested likely to accrue from the use to which the
land acquired vdll be put ;

(g) any outlay or improvements on the land acquired or any
addition to or improvement of any buildings thereon
made, commenced, or effected with the intention of
enhancing the compensation to be awarded therefor or
made, commenced, or effected within the six months next
following the date of the publication of the notification
under Section 81 or at any time after the publication of
the declaration under Section 84, unless in the case of
any addition to or improvement of any building such
addition or improvement was necessary for the safety of
the building ;

(h) any separate estimate of the value of any interest acquired
within the six months next following the date of the
publication of the notification under Section 81 or at
any time after the publication of the declaration under
Section 84.

108. In the assessment of compensation for land acquired under special
this Part for the improvement of an unhealthy area in any township ^etlminSig"
or village, evidence shall be receivable by the Court to prove compensation

° ' "^ ■•■ in unhealthy

(1) that the rental of any house or premises thereon was orvma'^g^.^^^

enhanced by reason of the same being used for illegal
purposes or being so overcrowded as to be dangerous or
injurious to the health of the inmates ; or

(2) that any house or premises thereon are in such a condition

as to be a nuisance, within the meaning of the laws relat-
ing to nuisances, or are in a state of defective sanitation,
or are not in reasonably good repair ; or

(3) that the house or premises are unfit, and not reasonably

capable of being made fit, for human habitation ;

and, if the Court is satisfied by such evidence, then the compensation

108

No. 11 OF 1911.

Payment of
compensation
and interest.

Percentage for

compulsory

acquisition.

Abandonment
of proceedings.

(a) shall in the first case, so far as it is based on rental, be based
on the rental which would have been obtainable if the
house or premises were occupied for legal purposes and
only by the number of persons whom the house or premises
were under all the circumstances of the case fitted to
accommodate without such overcrowding as is dangerous
or injurious to the health of the inmates ; and

(6) shall in the second case be the amount estimated as the
value of the house or premises if the nuisance had been
abated or if they had been put into a sanitary condition
or into reasonably good repair, after deducting the esti-
mated expense of abating the nuisance or putting them
into such condition or repair, as the case may be ; and

109. Pa3^nient of the compensation shall be made by the
Collector, according to the award or order of Court, and interest at
the rate of six per cent, per annum shall be allowed on the amount
of compensation from the date on which the Government entered
into possession of the land to the date on which the Collector has
signified to the parties interested his readiness to pay, or, when the
parties interested are unknown or cannot be found, to the date
on which the Court has made an order : provided that no interest
shall bo allowed if the amount of compensation awarded by the
arbitrators or by the Court is not more than the amount offered
under Section 88.

110. In addition to the amount of any compensation awarded
under this Part the Collector shall, in consideration of the
compulsory nature of the acquisition, pay an amount not exceeding
ten per centum on the market value mentioned in Section 106 ;
provided that when the compensation is in respect of land acquired
for the improvement of an unhealthy area in a township or village
there shall be no additional allowance in respect of compulsory
acquisition.

111. Nothing in this Part shall bo taken to compel the Govern-
ment to complete the acquisition of any land unless an order of
Court under Section 105 shall have been made, but the Government
may at any time, except as aforesaid, abandon any proceedings
Under this Part by publishing in the Gazette a declaration that the
same are abandoned and thereupon the jjrovisions of the preceding
sections of this Part shall cease to apply to the said proceedings.

Provided that whenever the Government shall abandon proceed-
ings for the acquisition of any land under this Part, as aforesaid,
the Collector shall cause public notice of such abandonment to be
given at convenient places on or near the said land and shall also
cause notice thereof to be served on all persons on whom notice
of the said proceedings was served under Section 80 and shall
determine the amount of compensation due for the damage (if any)
done to such land under Section 81 or Section 84 and not already
paid for under Section 83 and shall pay such amount to the person

LAND. 109

injured and shall pay to the persons interested all such costs as
shall have been incurred by them by reason or in consequence of
the proceedings for acquisition, together with compensation for
the damage (if any) which they may have sustained by reason or
in consequence of such proceedings.

112. The provisions of this Part shall not be put in force for the Part of house or
purpose of acquiring a i)art only of any house, manufactory, or other b" uken"°*^ '"
building if any person interested desire that the whole of such house,
manufactory, or building shall be so acquired ; provided that such

person interested may, at any time before the Collector has made
an offer under Section 88 or an award under Section 89, by notice
in writing withdraw or modify his expressed desire that the whole
of such house, manufactory, or building shall be so acquired.

113. Where the provisions of this Part are put in force for the Payraentof
purpose of acquiring land at the cost of any public fund, the charges pu^fo^fumiT.
incurred by the Collector in such acquisition shall be defrayed from

such fund.

114. When any land has been resumed under this Part an entry Entry in
shall be made in the books of the Land Office of the district in '■'^^i^^^''^-
which the land is situate, or in the Register of Titles kept under

any Registration of Titles Enactment, as the case may require,
to the effect that such land has vested in the Ruler of the State.
Upon such entry being made the land shall vest in the Ruler of
the State free of encumbrances.

115. No award or agreement made under this Part shall be Exemption
chargeable with stamp duty, and no person claiming under any d™tyand"£e.
such award or agreement shall be liable to pay any fee for a copy

of the same.

PART VIII.
TRESPASSES AND PENALTIES.

116. Whoever shall fraudulently alter, add to, erase, deface, or penalty for
destroy, or permit to be altered, added to, erased, defaced, or ^"^^ifn^^^if^ij
destroyed, any entry in any register book authorized or required to register books.
be kept by this Enactment, or in any certified copy of any entry in

such register book, shall, on conviction, be punished with imprison-
ment of either description for a term not exceeding seven years,
and shall also be liable to fine.

117. Whoever shall carelessly destroy, injure, mutilate, deface, or penalty for
lose any register book authorized or required to be kept by this fn^u^n^'"" ""^
Enactment, or shall carelessly allow any such register book to be register books,
destroyed, injured, mutilated, defaced, or lost whilst in his custody

or keeping, shall, on conviction thereof by a Court of a Judicial
Commissioner, be punished with simple imj^risonment for a term
not exceeding six months, or with fine, or with both.

118. It shall be lawful for a Magistrate, upon the information of information
the Collector or other public servant charging any person or persons mentT"*'^'^
with being in unlawful occupation of any State land, to issue a

110

No. 11 OF 1911.

Removal of

ualawful

occupants.

Penalties for
trespassing.

Penalties for
other offences.

Recovery of
expenses.

summons for the appearance before him of the party or parties so
informed against and of any other person or persons whom it may
be necessary or proper to examine as a witness or witnesses on the
hearing of any such information.

119. The Magistrate shall proceed in a summary way, in the
presence of the parties, or, in case of wilful absence of any person
against whom such information shall have been laid, then in his
absence, to hear and determine such information ; and, on being
satisfied of the truth thereof, such Magistrate shall issue his warrant,
addressed to any police officer, requiring him forthwith to dispossess
and remove such person from such land, and, on behalf of the
Ruler of the State, to take possession of the land, together with all
crops growing thereon and all buildings and other immovable
property upon and affixed thereto, and the person to whom such
warrant is addressed shall forthwith carry the same into execution.

120. The said information, summons, and warrant may be in the
form or to the effect, respectively, of Schedules W, X, and Y.

121. Any person who shall be found unlawfully occupying any
State land, either by residing or by erecting any house, hut, or other
building thereon, or by clearing, enclosing, or cultivating any part
thereof, or cutting timber or produce thereon, or who shall directly
or indirectly abet the commission of such act or trespass by another
person, shall be liable, on conviction before a Magistrate, to a fine
not exceeding two hundred dollars, or, in default of the payment
thereof, to imprisonment of either description for a term not
exceeding six months.

122. If any person, not licensed or otherwise authorized in that
behalf under Section 18, shall cut, dig, or take from any State land
any product in such section mentioned, or remove or sell the same,
every such person shall, on conviction before a Magistrate, be liable
to a fine not exceeding five hundred dollars, or, in default of pay-
ment thereof, to imprisonment of either description for a term not
exceeding six months ; and if the offence be in respect of any land
reserved under Section 9, to a fine not exceeding one thousand
dollars, or, in default of payment thereof, to imprisonment of
either description for a term not exceeding twelve months.

123. It shall be lawful for the Magistrate before whom any person
shall be convicted of an offence under Section 121 or Section 122 to
order such person to pay, in addition to any fine which shall have
been imposed for such offence, the value of any timber or other
property cut down, destroyed, or injured upon such land during
any period of the unlawful occupation thereof by such person, and
the expense of any survey which shall have become necessary for
proving such unlawful occupation or for ascertaining the extent
thereof. For the purpose of ascertaining such value and expense,
a certificate under the hand of the Collector shall be held, until the
contrary be proved, to be proof that the sum therein set down is
the true amount to be recovered from such person in respect of
such value and expense as aforesaid. Any sum so ordered to be
paid may be recovered by the process provided for the recovery
of fines.

LAND. Ill

124. Any person who shall wilfully neglect to comply with the penalty for
requirements of any notice duly served upon him under Section 15 n^tice.'''^"'^'' ***
shall be liable on conviction to a fine not exceeding twenty-five

dollars.

125. Any person offending against the provisions of any section Penalties not
of this Enactment for which no penalty is otherwise by this Enact- provided!
raent provided shall be liable, on conviction before a Magistrate,

to a fine not exceeding one hundred dollars, or, in default of the
payment thereof, to imprisonment of either description for a term
not exceeding four months.

126. Any person offending against the provisions of any rule penalty for
made under this Enactment shall be liable, on conviction before a breach of naies.
Magistrate, to a fine not exceeding one hundred dollars, or, in

default of the payment thereof, to imprisonment of either descrip-
tion for a term not exceeding four months.

127. Every unauthorized interference with or encroachment on Encroachment
any public road, street, highway, or waterway by a building or other ^"ay°be'abate,i.
erection, or by enclosure or planting, or by filling up or obstructing

any ditch, or by making any drain or water-course, or by breaking
up or injuring such road, street, highway, or waterway or otherwise,
shall be immediately abated and removed by the written order of
the Collector, and the party or parties offending may be ordered,
on conviction before a Magistrate, to pay such damages as the
Magistrate shall order and the expenses of such abatement.

128. It shall be lawful for all Penghulus and Native Headmen Arrest without
within their respective jurisdictions, and they are hereby required, ^^"''*" •

to arrest without warrant and take before a Magistrate any person
whom they shall find committing any offence punishable under this
Enactment.

129. Every Penghulu and Native Headman who shall wilfully Penghuius
refuse or neglect to give every information within his knowledge fomltion.
or power, immediately, to the Collector of the district in which he

may be employed, of any encroachment upon any State land, and
anj^ such person who shall without lawful excuse neglect or refuse
to do and perform smy of the duties imjDosed on him by this
Enactment, shall be guilty of an offence and shall be liable, on
conviction thereof before a Magistrate, to a fine not exceeding one
hundred dollars.

129a. Nothing in " The Courts Enactment, 1918," contained shall Powers nn-
operate to interfere with any jurisdiction or poiver given in this Part "'xhe^co'ijrts

to a Magistrate. Enactment,

E. 41 of 1918.

PART IX.
PROTECTION OF OFFICERS.

130. (i) No action shall be brought against any person for Provisions as to
anything done or bond fide intended to be done in the exercise or ^ '°'^'
supposed exercise of the powers given by this Enactment, or by

any rules made thereunder —

112

No. 11 OF 1911.

(a) Without giving to such person one month's previous notice

in writing of the intended action, and of the cause thereof ;

(b) After the expiration of three months from the date of the

accrual of the cause of action ;

(ii) In every action so brought it shall be expressly alleged that
the defendant acted either maliciously or negligently and without
reasonable or probable cause, and if, at the trial, the plaintiff shall
fail to prove such allegation, judgment shall be given for the
defendant.

(iii) Though judgment shall be given for the j^laintiff in any such
action, such plaintiff shall not have costs against the defendant
unless the Court before which the action is tried shall certify its
approbation of the action.

Schedule A.

Section 1 (ii).

ENACTMENTS REPEALED.

State.

No. and

Short title.

Extent of

year.

repeal.

Perak

13 of 1903

The Land Enactment, 1903

The whole

jj • •

11 of 1906

The Land Enactment, 1903,
Amendment Enactment,
1906

j> • •

3 of 1909

Do., 1909 (No. 2)

jj • •

10 of 1909

Do., 1909 (No. 3)

20 of 1909

Do., 1909 (No. 4)

Selangor . .

8 of 1903

The Land Enactment, 1903

J J

JJ • "

4 of 1906

The Land Enactment, 1903,
Amendment Enactment,
1906

J J

?j • •

4 of 1909

Do., 1909

J J

J J • •

9 of 1909

Do., 1909 (No. 3)

J J

J J * '

19 of 1909

Do., 1909 (No. 4)

J J

N. Sembilan

17 of 1903

The Land Enactment, 1903

J J

J) • •

10 of 1900

The Land Enactment, 1903,
Amendment Enactment,
1906

J J

)) • •

3 of 1909

Do., 1909 (No. 2)

8 of 1909

Do., 1909 (No. 3)

J J

J' • •

20 of 1909

Do., 1909 (No. 4)

) J

Pahang

9 of 1903

The Land Enactment, 1903

JJ • •

5 of 1906

The Land Enactment, 1903,
Amendment Enactment,
1906

J J

8 of 1909

Do., 1909 (No. 2)

j> • •

20 of 1909

Do., 1909 (No. 3)

JJ • •

2.5 of 1909

Do., 1909 (No. 4)

LAND. 113

Schedule B.

Section 5.

NOTICE OF RE-ENTRY UPON LAND FOR BREACH OF
CONDITION OF DOCUMENT OF TITLE.

Take notice that, whereas you have failed to comply with one of

the conditions of No dated by the land

described in such is liable to forfeiture : you are hereby

required within the period of three months from the date of this
notice, to

And take notice further that, unless within the above-men-
tioned period you comply with the requirements of this notice,
I shall re-enter upon and resume possession of the land comprised
in such on behalf of the Ruler of the State.

Dated this day of 19 . . .

Collector of Land Revenue.

Schedule C.

Section 17.

NOTICE OF LOSS OF DOCUMENT OF TITLE.

Application having been made to the Collector at by

for in the of on the ground that is

the registered owner thereof and that the original has been. .

In accordance with the provisions of Section 17 of " The Land

Enactment, 1911," notice is hereby given that, unless within

months from the date of publication of this notice, good cause be
shewn to the Collector of Land Revenue for refusing this applica-
tion, the applied for will, subject to the provisions of the said

Section 17, be granted.

Collector of Land Revenue.

II— i

114 No. 11 OF 1911.

Schedule D (i).

Sections 25, 32, 55.

(For Perak, Selangor, and Pahang.)

Government of

GRANT FOR LAND.

District of

Annual rent

Know all men by these presents that I, Resident of ,

in consideration of , do hereby under and by virtue of the

power conferred on me by " The Land Enactment, 1911," on behalf
of His Highness the Sultan of grant unto

All that piece of land situate at , containing by measure-
ment acres , roods, and poles, more or less, and

bounded as follows, that is to say :

which said piece of land, with the dimensions, *abuttals, and boun-
daries thereof, is dehneated on the plan drawn on these presents

and more particularly on Revenue Survey Plan No , deposited

in , to hold for ever, subject to the payment therefor of the

annual rent of dollars cents , and to the provisions

and conditions contained in the said Enactment and also to the
special conditions hereunder written.

SPECIAL CONDITIONS.

In witness whereof I, the said^
Resident, have hereunto set my
hand and the public seal of the

State at this day of

One thousand nine

hundred and j

Registered at , this clay of ,19.

No. of former Title

Presentation No

Registrar of Titles.

LAND. 115

Schedule D (ii).

Sections 25, 32, 55.

(For Negri Sembilan.)

Government of Negri Sembilan.

GRANT FOR LAND.

District of

Annual rent

Know all men by these presents that I, Resident of Negri

Sembilan, in consideration of , do hereby under and by virtue

of the power conferred on me by "The Land Enactment, 1911,"
in the name and on behalf of His Highness the Yang di Pertuan and
Chiefs of Negri Sembilan grant unto

All that piece of land situated in , containing by measure-
ment acres, roods, and poles, more or less, which

said piece of land, with the dimensions, abuttals, and boundaries
thereof, is delineated on the plan drawn on these presents and more

particularly on Revenue Survey Plan No deposited in ,

to hold for ever, subject to the payment therefor of the annual
rent of dollars cents, and to the provisions and con-
ditions contained in the said Enactment and also to the special
conditions hereunder written.

SPECIAL CONDITIONS.

In witness- whereof I, the said
Resident, have hereunto set my
hand and the public seal of the

State of Negri Sembilan at

this day of One

thousand nine hundred and

Countersigned by

Registered at , this daj^ of. .... , 19 ,

No. of former Title

Presentation No

Registrar of Titles.

116

No. 11 OF 1911.

Schedule E.

Section 33.
REGISTER OF THE MUKIM OF.

d o

!■

^1
43

«+H

O <D

<^^

®
to

Schedule F.

Section 33.
JOURNAL OF TRANSACTIONS.

Pakties.

From To

Land

Affected.

•l-t

• r1

LAND.

117

Schedule G.

Section 34.

Government of

EXTRACT FROM THE REGISTER, MUKIM OF,

^
>»

!zi

is
Iz;

03
02

I hereby certify that the above is a true copy of the entry in the
Mukim Register.

Land Office

Date

Collector of Land Revenue.
Schedule H.

Section 36,

NOTICE OF RESUMPTION OF LAND FOR ABANDONMENT.
To

Take notice that whereas you have abandoned the land de-
scribed hereunder in the mukim of the said land is liable to

forfeiture under the provisions of Section 36 of " The Land Enact-
ment, 1911," and that unless within three months from the date
of this notice you are able to shew, to the satisfaction of the Resident,
that you have not abandoned such land, or unless you enter or
re-enter into occupation of such land by making a bond fide com-
mencement to cultivate it, the said land will, at the expiration of
that time, be forfeited and resumed by me on behalf of the Ruler
of the State.

Dated this day of , 19. .

Collector of Land Revenue.
DESCRIPTION OF LAND.

E. 41 of 1918.

118 No. 11 OF 191L

Schedule J.

Section 37.

NOTICE UNDER SECTION 37 OF "THE LAND
ENACTMENT, 1911."

Notice is hereby given that of claims to be entitled

to a piece of land at measuring. .... .acres, or thereabouts,

and bounded as follows :

and has applied to me to make an order declaring that he is so
entitled.

Any person having any objection to make to such order must

lodge such objection at the Land Office at on or before the

day of , 19. . . No objection will be received after

that date.

Collector of Land Revenue.

Schedule K.

Section 37.

ORDER OF COLLECTOR UNDER SECTION 37 OF
"THE LAND ENACTMENT, 1911."

Whereas upon the application of of made to me on

the day of , 19.., under Section 37 of "The Land

Enactment, 1911," I have duly enquired into the claim of the said

to be registered as the owner of a piece of land at

measuring acres, or thereabouts, and described at the foot

of this order :

Now, I, , Collector, having, on enquiry, satisfied

myself that is so entitled, do hereby declare that he is the

owner of such land.

Collector of Land Revenue.

Dated this day of , 19. .

DESCRIPTION OF LAND.

Schedule K}
Section 37a.

NOTICE UNDER SECTION 37a OF " THE LAND
ENACTMENT, 1911."

Notice is hereby given that of claims to succeed to the

ownership of a piece of land at , measuring acres, or

thereabouts, and bounded as follows :

ivhich piece of land was lately owned by of , now deceased,

and has apj^lied to me to record him in the mukim register as owner
thereof.

LAND. 119

Any person haviny any objection to make to compliance with the

said application must lodge such objection at the Land Office at

on or before the day of , 19. . . No objection will be

received after that date.

Collector of Land Revenue.

Schedule K.^

Section 37a.

ORDER OF COLLECTOR UNDER SECTION 37a OF
"THE LAND ENACTMENT, 1911."

Whereas upon the application of of mad^ to me on

the day of , 19. . , under Section 37a of " The Land

Enactment, 1911," / have duly enquired into^the claim of the said

to be registered as the owner, by right of succession to ,

deceased, of a piece of land at , measuring acres, or there-
abouts, and described at the foot of this order :

Now, I, , Collector, , having, on enquiry, satisfied

m,yself that is so entitled, do hereby declare that he is the owner

of such land.

Collector of Land Revenue.
Dated this day of , 19 . .

DESCRIPTION OF LAND.
Schedule L.

Section 43.
MEMORANDUM OF TRANSFER.

I, , being registered as the owner of the land described in

No and registered in the Land Office of the

district (subject to such charges as are notified by memorandum
endorsed hereon, and to the annual rent of S ) :

In consideration of the sum of paid to me by , the

receipt of which sum I hereby acknowledge, do hereby transfer to
the said all ni}^ right, title, and interest in the said land.

In -wdtness whereof I have hereunto set my hand this day

of ,19..

Transferor.
I hereby accept this transfer in the terms herein stated.

Transferee.

Signed by the above-named \
Transferor in the presence of f

Signed by the above-named \
Transferee in the presence of J

Entry made in the Register, Volume , Folio

Collector of Land Revenue.

120 No. 11 OF 1911.

MEMORANDUM OF LEASE.

E. 41 of 1918. !, , being registered eia the owner under entry No in

the mukim register of the mukirn of in the district of

(subject to such charges as are notified by memorandum, endorsed
hereon and to the, annual rent of $ ) of that piece of land con-
taining [here state area] or thereabouts and situated at [If

the land to be leased is less than the whole area held under the said
entry in the mukim register, state the boundaries of the land to be
leased in chains, links, or feet and refer to plan (if any) thereof on
margin of or annexed to the lease or deposited in the Revenue

Survey Office] do hereby lease to of (hereinafter called the

lessee) the said piece of land, to be held by him for the term of

years from the day of , 19. . , at the yearly rental of

$ , payable [here insert terms of payment of rent], subject to

the following coyiditions, viz. :

(1) that the lessee shall pay the rent hereby reserved at the times

and in the manner aforesaid ;

(2) that the lessee shall duly maintain all marks by which the

boundaries of the said land are defined ;

(3) that no portion of the said land shall be used for the burial

of a humari body ;

(4) that the lessee shall 7iot obstruct the exercise by any public

officer of any right vested in such public officer in respect of
the said land ;

(5) that the lessee shall not transfer or underlet this lease to a)iy

person or corporation.

[Add any other desired conditions.]

In the event of breach of any of the foregoing conditions numbered

this lease shall be liable to forfeiture by order of the Collector

for the district of or of a competent Court.

I of herehy accept this lease and agree to be bound by

the conditions and stipulations hereinbefore set forth.

In witness whereof I, the said , and I, the said , have

hereunto set our hands this day of , 19. . .

{Signature of Lessor.]
{Signature of Lessee.]

Signed by [Lessor] in the presence of

Signed by [Lessee] in the presence of

[Endorse memorandum of charges.]

MEMORANDUM OF CHARGE.

I, , being registered as the owner of the land described in

No and registered in the Land Office of the

district (subject to such charges as are hereby notified by memo-
randum endorsed hereon, and to the annual rent of S ) :

LAND. 121

In consideration of the sum of lent to me by (herein-
after called the chargee), the receipt of which sum I hereby
acknowledge, do hereby bind myself to pay to him interest on the

said sum of at the rate of per cent, per annum, by

equal payments on the in every year, and will repay

to him the said sum of on , 19. . . .

In default of payment of the interest or of any part thereof, or
of the principal sum hereby secured, it shall be lawful for the said
chargee, after the expiration of three months' notice served ujjon
me or at my usual or last known place of abode within the
State, to obtain an order from the Collector for the sale of the
said land.

If any default be made in payment of the interest due upon this
charge the said principal sum shall immediately thereon become
due, and payable on demand being made by the said chargee by
notice served as above mentioned.

1 And I further bind myself that I will insure all buildings on

the said land for the sum of in the joint names of the said

chargee and myself, in such office as he may from time to time
direct, and should default be made herein it shall be lawful for the
said chargee to insure the same and to recover the costs and charges
of so doing in the same manner as arrears of interest.

And for the better securing the repayment of the said principal
sum and interest I hereby charge the land above described with
such principal sum and interest.

In witness whereof I have hereunto set my hand this day

of ,19..

Owner.
Signed by the above-named \
owner in the presence of j

Entry made in the Register, Volume Folio

Collector of Land Revenue.

Schedule L.^

Section 49a.

FORM OF TRANSFER OF LAND SOLD IN EXECUTION
OF A DECREE.

I, , the person appointed to execute the warrant hereinafter

mentioned, in pursuance of a warrant of sale dated the day

of , 19. . , and issued out of the Court of in an action

wherein is the plaintiff and the defendant, which said

is registered as the owner of the land hereinafter described

subject to the charges and to the annual rent notified hereunder, do
hereby, in consideration of the sum of $.. paid to me by ,

1 This clause may be deleted by consent of both parties.

K. 41 of 1918.

122 No. 11 OF 1911.

transfer to the said all that piece of land [here insert a sufficient

description of the land, and refer to the entry in the mukim register
under which the same is held].

Dated the day of 19. . .

Signed by the said in the\

presence of J

Signed by the said \

(transferee) in the jiresencc of J

{Charges and Rent referred to.)

Schedule M.

Section 50.

CAVEAT FORBIDDING REGISTRATION OF
DEALING WITH LAND.

To the Collector of Land Revenue of the District.

Take notice that I, A.B., of [residence and description] claiming
[here state the nature of the interest and the grounds uj)on which
such claim is founded] in [here describe land and refer to entry in
the mukim register] forbid the registration of any dealing with
the before-mentioned land until this caveat be withdrawn by the
caveator or by the order of a Court of a Judicial Commissioner or
unless such dealing be subject to the claim of the caveator, or until
after the lapse of 21 days from the date of the service of notice by
the cavcatee at the following address :

Address for service of notice

Dated this day of , 19. .

[Signature.)

I, the above-named A. B. (or CD., of [residence and description],
agent for the above A.B.), affirm that the allegations in the above
caveat are true in substance and in fact (or [if no personal know-
ledge] as I have been informed and verily believe).

Schedule N.

Section 59.

NOTICE TO PROCURE ATTENDANCE.

To of

In the mukim of

Take notice that, by virtue of the power given to me by Section
59 of "The Land Enactment, 1911," you are hereby required to

meet mo at on the day of , 19 . . , at

o'clock in the noon, and there to

Settlement Officer.

LAND. 123

Schedule 0.
Section 60,

NOTICE TO CLEAR BOUNDARIES, ETC.

To of

In the mukim of

Take notice that, by virtue of the power given to mc by Section
60 of "The Land Enactment, 1911," you are hereby required to

In default of your so doing I shall cause the work to be done at
your expense.

Settlement Oificer.

Schedule P.

Section 62,

NOTICE TO SUPPLY INFORMATION.

To of in the mukim of

Whereas I have been credibly informed that you . . .

Take notice that, by virtue of the power given to me by Section
62 of " The Land Enactment, 1911," you are hereby required to

at on the daj^ of , 19 . . ,

at o'clock in the noon.

Settlement Officer.
Schedule Q.

Section 64.
NOTICE TO PRESERVE BOUNDARY MARKS.
To of in the mukim of

Take notice that, by virtue of the powers given to me by Section
64 of "The Land Enactment, 1911," I hereby direct that the

boundarj^ marks, in number, erected on the boundaries of

your land at and particularly mentioned on the back hereof,

be placed under your charge, and you are hereby required to preserve
them and to give immediate notice at the nearest Land Office of the
State if any of the said marks are injured or removed.

Collector of Land Revenue.

124 No. 11 OF 1911.

Schedule R.

Section 69.

NOTICE OF DEMAND.

District of No

To or present occupant :

Take notice, you are hereby required to pay at the

due by you for the period amounting to S within

15 days from the date of the service hereof ; in default of payment
within the period specified, the amount of the arrears due, together
with the costs of process, will be recovered under the powers
contained in " The Land Enactment, 1911."

Dated at this day of 19 . .

$ c.
Current rent for 19. .
Arrears for. . . .years — viz., 19. . to 19. .
Notice fee

Total

Land Office, Collector of Land Revenue.

,19..

Schedule S.

Section 70.

WARRANT OF ATTACHMENT.
To

Whereas by a notice of demand served or published on the .

day of , 19 . . , was required to pay at

the sum of $ (being arrears and costs recoverable

under " The Land Enactment, 1911 "), as noted in the margin, and
whereas the said sum of S has not been paid :

These are to command
you to attach the personal

property of the said

wherever the same may be
found within the State, and
also any effects or crops,
to whomsoever belonging,
which may be found on the

land held under No.

of in the dis-
trict of and, unless the

said sum of $ together

with S , the cost of

this attachment, be paid, to
hold the same until further
orders.

Current rent for 19

$ c.

Arrears for years — viz.. \
19 to 19 j

Notice fee

Attachment fee . .

Costs

Total

LAND. 125

You are further commanded to return this warrant on or before

the day of , 19. . , with an endorsement certifying

the date and manner in which it has been executed, or why it has
not been executed.

Given under my hand and seal this day of , 19 . .

(Seal.)

Collector of Land Revenue.

Schedule T.

Section 71.

NOTICE OF ATTACHMENT.

Whereas has failed to satisfy an arrear of land revenue

amounting, with costs, to S : Notice is hereby given that the

property specified at the foot hereof has been attached under a
warrant of attachment issued by the Collector of Land Revenue,

dated the day of , and the said and all

persons are hereby prohibited from disposing of or removing the
said property, and all other persons are prohibited from receiving
the same by purchase, gift, or otherwise.

the of , 19..

Bailiff.
Schedule U.

Section 73.

NOTICE OF SALE OF LAND.

Whereas by a notice of demand served or published on the

day of , 19 . . , was required to pay at the

sum of $ being arrears and costs recoverable under " The

Land Enactment, 1911," and whereas the said sum has not been
paid and cannot be recovered in the manner prescribed by Section 70
of the said Enactment :

Notice is hereby given that at the expiration of four months from
the date of this notice, I shall proceed to sell by public auction the
land hereunder described (being the land in respect of which the
arrear is due), and all persons are hereby warned against disposing
of the land so described by sale, gift, or otherwise, and against
receiving the same by purchase, gift, or other\Aise.

Given under my hand and seal this day of , 19 . .

(Seal.) Collector of Land Revenue.

DESCRIPTION OF LAND.

126 No. 11 OF 1911.

Schedule V.

Section 76.

NOTICE TO DELIVER TITLE.

To of

Whereas the land described at the foot hereof was sold by public

auction on the day of to satisfy a claim of $

for due to the Ruler of the State, and whereas I am credibly

informed that you are in possession of

Take notice that, by virtue of the powers conferred upon me by
Section 76 of " The Land Enactment, 1911," you are hereby required

to deliver up to me the said at my office at within

days from the service upon you of this notice.

Collector of Land Revenue.
DESCRIPTION OF LAND.

Schedule W.

Section 120.

INFORMATION AND COMPLAINT AGAINST UNLAWFUL
OCCUPATION OF STATE LANDS.

The information and complaint of A.B., taken this day of

, 19 . . , before the undersigned, a Magistrate in and for the

State of now saith that CD., of , is in unlawful

occupation of certain State lands — namely,

Sworn before me the day and year first above mentioned, at

Magistrate.
Schedule X,

Section 120.

SUMMONS TO UNLAWFUL OCCUPANT.

In the matter of " The Land Enactment, 1911," and between. . . .
Complainant, and Occupant :

You arc hereby summoned to appear at before

on the day of at o'clock in the forenoon, to

answer the complaint of that you are in the unlawful

occupation of certain State land :

Dated this day of , 19 . . .

In case you fail to obey this summons, upon proof of service of the
same the complaint will be heard in your absence and such order
made as to the Magistrate shall seem fit.

Magistrate.

LAND. 127

Schedule Y.

Section 120.

WARRANT TO DISPOSSESS UNLAWFUL OCCUPANT.

In the matter of " The Land Enactment, 1911," and between
Complainant, and A.B., Occupant :

To , the of and all Police Officers :

Whereas it has been made to appear to me and I have adjudged
that the said A.B. is in unlawful occupation of

These are therefore to require you, the said and others, to

eject the said A.B., and all other persons from the said land, and to
take possession thereof together wdth all crops growing thereon and
all buildings and other immovable property thereon on behalf of the
Ruler of the State, and for so doing this shall be your warrant.

Given under my hand and seal, this day of , 19 . . ,

(Seal.) Magistrate.

ENACTMENT NO. 12 OF 1911.

As amended by Fed. E. 11 of 1916, 11 of 1917, and 10 of 1918.

An Enactment relating to Mining.

Arthur Young,

President of the Federal Council.

[24tli November, 1911.
1st July, 1914.]

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

PART I.

PRELIMINARY.

Short title and L This Enactment may be cited as "The Mining Enactment,

menT^^*^^ 1911," and shall come into force upon such a date as the Chief

Secretary to Government may, by notification in iheGazette^ appoint.

Repeal.

Saving of
existing rights

Title.s promised
before com-
mencement of
Enactment.

Existing
appointments
and rules.

2. (i) The Enactments mentioned in Schedule A are hereby
repealed to the extent specified in the fourth column of that schedule.

(ii) Nothing in this Enactment shall invalidate any title to occupy
land for mining purposes lawfully granted under any Enactment
hereby repealed or under any prior Enactment, or in the absence
of an express provision in that behalf abrogate any of the rights
or privileges expressly conferred thereby : provided that every
such title, right, or privilege shall be limited to the extent prescribed
by the Enactment under or by virtue of which the same was granted
or conferred ; and provided further that, save as by such title or
Enactment is expressly otherwise provided, it shall be incumbent
upon a lessee or occupier of the said land to hold and work the same
in accordance with the conditions set forth in this Enactment, and
in all respects as if his title to occupy the same were a lease issued
under this Enactment.

(iii) In any case in which, before the commencement of this
Enactment, the Resident has promised to any person a mining
title under any Enactment hereby repealed or under any prior
Enactment, such title may be issued after the commencement
of this Enactment in the same way as if this Enactment had not
been passed or, at the discretion of the Resident, a lease may be
issued under this Enactment.

(iv) All appointments made and all rules which inay be in force
as law under the provisions of the Enactments hereby repealed shall,
so far as they are consistent with the provisions of this Enactment,
be deemed to have been made under this Enactment.

128

MINING. 129

3. In this Enactment and in any rules made tliereunder the interpretation.
following terms shall, if not inconsistent with the context or
subject matter, have the respective meanings hereby assigned to
them —

The words the '" State" mean with reference to any particular The state, the
right, privilege, or interest, or any duty or obligation connected Kesldent?
therewith or any matter whatsoever incidental thereto, the State
in which such right, privilege, or interest exists or has existed, or
is or has been claimed, or may be created, and the words " the Ruler"
and " the Resident " mean, respectively, the Ruler or Rulers of
that State and the Resident of that State ;

" State land " means all lands which have not been and may not state lana.
hereafter be reserved for any public jjurpose, or which have not
been and may not hereafter be leased or granted to or are not
and may not hereafter be lawfully occupied by any person, and
includes all lands which at the commencement of this Enactment
may have become or which hereafter may become forfeited by reason
of any breach of the conditions on Avhich the same have been law-
fully occupied, or which have been or may hereafter be surrendered
to the State by the lawful owner thereof :

Lease ' ' means a lease of land for mining purposes issued by Lease.
or under the authority of the Ruler of the State, and includes
a lease for such purposes issued prior to the commencement of this
Enactment ;

" Occupier " includes every person registered in the Land Office occurier.
as the lessee or sub-lessee of mining land under this Enactment or
under any of the Enactments hereby repealed ;

"Chief Secretary" means the Chief Secretary to Government, chief secretary.
Federated Malay States ;

" The Court " means the Court of a Judicial Commissioner ; The Court.

"Collector" means any Collector or Assistant Collector duly collector.
appointed under " The Land Enactment, " ;

" Warden " means a Warden of Mines appointed under this warden.
Enactment and includes Assistant Warden ;

" Inspector " means an Inspector of Mines appointed under this inspector.
Enactment.

" Sub-lease " means any sub-lease of the whole or a part of the area e. iiof 1917.
leased for any 'portion of the term of the lease and inclvdes a sub-lease
granted by a sub-lessee.

"To alienate," with its grammatical variations and cognate ex- E.iiofi9iG.
pressions, has the meaning assigned thereto in " 2'he Land Enactment,
1911."

PART II.

AUTHORITY TO WORK MINING LANDS AND ACQUISITION
OF TITLE WITH SUCH AUTHORITY.

4. Subject to the provisions of this Enactment the Resident may Disposal of
from time to time on behalf of the Ruler of the State lease State ^'^^« ''''"'^•
land for mining purposes for such terms as may be stated in the
n— 9

130

No. 12 OF 1911.

Oil rights with-
helij unless
expressly
granted.

E. 11 of 1910.

Application for
mining land,
how made.

How applica-
tion to be

dealt with.

Procedure upon
approval of
application.

Mining certifi-
cate and pro-
visions as to
same.

E. 11 of 191(1.

E. 11 of ]<jUj.

leases, and may direct whether the right to mine any such land
shall be disposed of by public auction or tender or in compliance
with an application lodged therefor or otherwise and whether
premium shall or shall not be charged in respect thereof.

4a. No lease, certificate, or other document of title, whether issued
before or after the commencement of this Enactment, shall vest in any
person any right to work or take any oil shales or mineral oil unless
such right he conferred in express terms by the lease, certificate, or
document.

5. Any person wishing to apply for any State land for the
jjurpose of mining must lodge in the land office of the district an
application substantially in the form of Schedule B, setting out
the position and approximate area of such land and giving an
address at which notices shall be served, and any notice served
at such address shall be deemed to be duly served. Every such
application must be accompanied by a deposit of money sufficient
to cover the prescribed fees.

6. The Collector shall thereupon, if in his opinion the particulars
contained in the application are sufficient, mark such application
with a distinctive number and shall note thereon the day and hour
of receipt and shall file the same in the land office and enter the
particulars thereof in an index of applications to be kept in the land
office. All applications shall be numbered and entered in the index
according to the order in which the same are received, but so that
priority of application shall give no claim or priority of claim to
the grant of a lease.

7. Should an application be approved, permanent boundary
marks shall be erected and the land surveyed.

8. (i) Should the applicant desire to commence mining operations
before the survey can be completed and the lease issued, it shall
be lawful for the Collector, with the written consent of the Resident,
to issue to the applicant, after the land has been demarcated, a
certificate, to be prepared in duplicate, substantially in the form
of Schedule C, having thereon a sketch plan of the land, and such
applicant may then enter upon, occupy, and work the land therein
described in accordance with the terms of the certificate.

(ii) Every such certificate shall, so far as the circumstances permit,
confer the same rights and privileges and be subject to the same
conditions, obligations, liabilities, and other provisions of this
Enactment as a lease for the same purposes granted under this
Enactment.

(iii) No claim shall be maintainable in respect of the subsequent
alienation of any portion of the land included in the certificate,
unless the applicant has strictly complied with the terms of
Section IC sub-section (ii).

(iv) Any lease granted under this Enactment in respect of State
land for which a certificate has previously been issued under this
section shall, if .such certificate is still in force, be dated as from
the date of such certificate, and all covenants, agreements, and obli-
gations under such lease shall, unless the Resident otherwise directs,
bo deemed to commence from such date.

MINING. 131

9. (i) Upon receipt of a certified plan shewing the area of the land Mining lease.
with the boundaries and abuttals of the same and the position of

all boundary marks the Collector shall cause to be prepared a lease
for the land in duplicate substantially in the form of Schedule D,
with such plan delineated thereon. Uj^on the completion of the Procedure
lease, the Collector shall cause to bo served at the registered place bfap'j.Hornt"'^^
of address of the applicant, and if possible upon such applicant
personally, a notice substantially in the form (i) given in the Schedule
E. In the event of the applicant failing to comply with the require-
ments of such notice within three months from the date of service
thereof, it shall be lawful for the Collector to cancel such application,
and, if a certificate has been issued under Section 8, to cancel
such certificate.

(ii) Any applicant may at any time upon payment of all expenses Applicant
cancel his apjDlication by a notice in writing addressed to the "pp^i^-at^on.
Collector.

10. Whenever any lease has been signed by the applicant in procedure
accordance with the provisions of the last preceding section, the f/*^ a'^^In^ant'^^
Collector shall forward the same to the Resident in order that the

same may be signed by him and the public seal of the State be
affixed thereto, and, upon the return of the same duly executed,
he shall cause to be served at the registered address of the applicant,
and if possible upon such apjDlicant personally, a notice substantially
in the form (ii) given in Schedule E. In the event of the applicant
failing to comply with the requirements of such notice within three
months from the date of service thereof, it shall be lawful for the
Collector to cancel such application, and, if a certificate has been
issued under Section 8, to cancel such certificate, and the Collector
shall return the lease to the Resident for cancellation.

11. The notices prescribed by Sections 9 and 10 may, if personal service ot
service cannot be effected and there is no registered place of address, ^^°^^^^^-
be served in such manner as may be j^rescribed by rule under
Section 125.

12. When any lease has been prepared in pursuance of an apj)li- Extended
cation made under any previous Enactment the provisions of the application of
three last preceding sections shall be applicable in respect thereof sections.
and the Collector shall have the like power in respect of any certifi-
cate issued pursuant to such application as authority for the com-
mencement of mining operations pending the issue of a lease as

if such certificate had been issued under Section 8.

13. No applicant shall by the payment of survey fees, the signing Applicant not
of a lease, or in any way other than by obtaining a certificate under i,a-!4°ac'iJuireV°
Section 8, be deemed to have acquired any right to claim the issue right to lease.
of a lease to him in respect of the land for which he has applied ;

but any application for a lease may, except as aforesaid, be refused
by the Resident at any time before such lease has been issued
to the applicant. This sub-section applies to applications made
before, as Avell as to those made after, the commencement of thia
Enactment.

132

No. 12 OF 1911.

Provisions as to
registration of
leases and otlier
tra isactions.

14. (i) The Collector shall keep a register, to be called the " Regis-
ter of Mining Leases," and shall bind up therein the duplicates of
all leases issued under this Enactment, and each lease shall con-
stitute a separate folium of such register and the Collector shall
record therein the particulars of all instruments, dealings, and other
matters by this Enactment required to be registered or entered in
the register affecting the land contained in each lease.

(ii) The Collector shall also keep a similar register of certificates
issued under Section 8.

Implied rights

of lessee.

E. llof 191G.

E. 11 of 191G.

Implied rights
in oil lease.

E. noflOlG.

Provisions as to Mining Leases.

15. Every lease not expressed to be for working mineral oil only,
shall vest in the lessee thereof in the absence of any express provision
to the contrary the following rights, and such other rights, if any,
as may be expressly set forth therein :

(i) The right to work all metals and minerals found upon or
beneath the land, other than oil shales and mineral oil, and, subject
to the provisions of sub-section (iii), to remove, dispose of, dress,
and treat the same during such term as may be mentioned in the
lease ;

(ii) The right to use such portion of land as may be required for
the purpose of erecting such houses, cooly lines, sheds, or other
buildings, or of growing such plants and vegetables, or of keeping
such animals and poultry, as may in the oj)inion of the Warden
be reasonable for the purposes of the mine or for the use of the
coolies ;

(iii) The exclusive right, subject to the provisions of Section 16
sub-section (ix), to all timber and other jungle produce upon the
land, but no right to remove beyond the boundaries of the land for
any purpose (excepting only for the extraction therefrom of any
metal or mineral ore) any timber or other jungle produce or any
granite, limestone, laterite or other stone, coral, shell, guano, sand,
loam, or clay obtained from the said land, or any bricks, lime, or
other commodities manufactured from the materials aforesaid,
without license granted under the provisions of " The Land Enact-
ment, 1911," or any rules made thereunder.

15a. Every lease expressed to be for working mineral oil shall vest
in the lessee thereof in the absence of any express provision to the
contrary the following rights and such other rights, if any, as may be
expressly set forth therein :

(i) the right to work and raise within the area specified in the
lease all oil shales and mineral oils and to treat the same
within the said area and to dispose of the same subject to
such conditions regardirig the disposal thereof as may be
expressed or implied in the lease ;
(ii) the right to make, sink, construct, and maintain within the
said area all such wells, workings, borings, pipe lines,
fittings, and appliances as m,ay be necessary or proper for
working, raising, treating, or conveying oil shales and mineral
oil in or from the said area ;

MINING. 133

(iii) the rUjhls specified in paragraphs (ii) and (iii) of Section 15
except in so far as the same relate to extraction of metal or
mineral oil.

16. There shall be implied in everj' lease not expressed to be for impiie.i con-
working mineral oil only in the absence of any express provision of*ies"ee." ^^"^"^
to the contrary the following covenants and conditions on the part j. ^^ ^^ ^gir,.
of the lessee, and such other covenants and conditions, if any,
as may be expressly set forth therein :

(i) That the lessee will duly pay the quit-rent atul any royalty e. ii of igic.
that may become due to the 8tate at such time and place and in
such manner as may from time to time be prescribed, and to such
persons as may from time to time be authorized to receive the
same ;

(ii) That all landmarks by which the boundaries of the land are
defined shall be duly maintained and that all boundary lines shall
be kept open ;

(iii) (a) That mining operations shall be commenced upon the
land wuthin a period of six months from the date of issue of the
lease ;

(b) That within a further period of six months there shall be at
work thereon not less than such number of coolies as shall be men-
tioned in such lease, or labour-saving apparatus equivalent thereto
calculated at the rate of one horse-power to eight coolies, the horse*
power of such apparatus being determined in the manner prescribed
by Schedule F.

(c) That thereafter the lessee shall not at any time during the
term of the lease fail for a period of more than twelve consecutive
months to substantially and efficiently carry on mining operations
on the land or to keep at work thereon such number of coolies as
shall be mentioned in the lease or labour-saving apparatus equivalent
thereto calculated as aforesaid. Provided alwaj^s that the Resident
may on payment of the prescribed fee grant exemption for a period
of not more than six months from all or any of the covenants and
conditions described in this sub-section, and rencAvals of such
exemption may, at the discretion of the Resident, be granted in
the like manner.

(iv) That if at any time there shall be discovered on any portion
of the land which is in process of being worked for alluvial deposits
any mineral in the form of lodes, beds, pockets, stockworks, or
similar formations, * * and the lessee be required, in writing by the E.iiofioiG.
Resident, to work the same, he shall commence to do so in a proper
and workmanlike manner within twelve months from the date
of receipt of such requisition, and in default of so doing he shall
be bound to surrender to the State, if so required, such portion
of the land as the Resident may direct : provided that he shall
receive reasonable compensation in respect of such loss or damage,
if any, as may have been sustained by him in consequence of such
surrender, but so that such compensation shall not include any
sum on account of the value of any mineral deposit which he has
so failed to work as aforesaid and such compensation shall be
assessed in the manner provided by Part VII of " The Land Enact-
ment, 1911 " ;

134 No. 12 OF 1911.

E. 11 of 191G. (ivA) That if at any time the land or any portion thereof shall

be found to contain oil shales or mineral oil, the lessee shall, within
one month from the service upon him of a written notice in that behalf
under the hand of the Resident, surrender to the State the land or
such portion thereof as the Resident may by such notice direct ;
provided that he shall receive reasonable compensation in respect of
such loss or damage, if any, as may have been sustained by him in
consequence of such surrender, but so that such compensation shall
not include any sum on account of the value of any oil shales or mineral
oil which the land, may contain, and such compensation shall be assessed
in the manner provided by Part VII of " The Land Enactment, 1911."

(v) That the lessee will carry on all his mining operations in an
orderly, skilful, and workmanlike manner, and will not cause danger
or damage to the owners or occupiers of other lands and Avill
observe and perform all rules and orders made or given in pur-
suance of this Enactment or by virtue of any rules made there-
under.

(vi) That the lessee will not use or permit to be used any portion
of the land for any purposes other than those mentioned in
Section 15 without the written authority of the Collector ;

(vii) That all Government officers duly authorized in that behalf
shall at all reasonable times have free access to the land and to all
workings and buildings in or upon the same, and that all such
officers as may be duly authorized by the Warden shall at all
reasonable times have free access to the land for the purpose of
making examination thereof by boring or otherwise and shall
receive from the lessee all reasonable facilities for making such
examination ;

(viii) That the lessee shall truly fill in, exhibit, and cause to be
maintained at the principal office or place of business on the land,
and wherever the business of the mine is conducted and the coolies
housed, a notice substantially in the form of Schedule G and will
also exhibit in a conspicuous place upon any specified buildings
copies of such documents in such languages as may from time to
time be required by the Warden ;

(ix) That the lessee will permit the taking and removal, without
payment, from the land, by any person duly authorized in each
particular case in writing by the Resident, of any earth, stone,
gravel, timber, and other road-making or building material which
may be required b}^ the State for any public purpose ;

(x) That the lessee shall cause to be kept true and sufficient
books of account of the mining and other l)usiness carried on upon
tlie land, and of the disposal of the metals and minerals obtained,
and will, if so required, produce or cause to be produced such books
for the ins])ection of the Warden or of any person duly authorized
by him in that behalf ;

(xi) Tliat the lessee shall allow over the land such access to
adjoining land as shall not, in the opinion of the Warden, interfere
with his rights under the lease ;

MINING. 135

(xii) That the lessee will take all due and proper precautions and
will comply with all such requirements of the Warden as may be
necessary to ensure the health and safety of all miners and workmen
employed on the land.

16a. There shall he implied in every lease expressed to he for implied
working mineral oil in the ahsence of any express provision to the conditions i^*^
contrary the following covenants and conditions on the part of the ouiease.
lessee and such other covenants and conditions, if any, as may he ^- 1^ °^ i^^''-
expressly set forth therein :

(i) all such covenants and conditions as are set out in sub-sections
(i), (ii), (iii), (v), (vii), (viii), (ix), (xi), and (xii) of. Section 16;

(ii) that the lessee will not use or permit to he used any portion of
the land for any purposes other than those mentioned or referred to in
Section 15a without the written authority of the Collector ;

(iii) that the lessee will not, except under and in accordance with
the terms of a written permission from the Senior Warden, make or
sink any new hore or well within 1,000 yards of any oil-well sunk
outside the land comprised in the lease ;

(iv) that the lessee will well and properly secure with durable means
all oil-wells ayid hores to he sunk or rruide in the said land and will,
if so required by the Senior Warden, make and maintain round every
such oil-well and hore such fencing as may he ordered ;

(v) that the lessee will permit any Government officer or any lessee
or other person authorized hy the Resident in that helmlf to enter into
and upon the said land and to construct or lay thereon all such channels
atid pipes as may reasonably he required for the conveyance across
the said land or any part thereof of mineral oil won elsewhere, to
inspect, maintain, and repair all cJuinnels and pipes so constructed
or laid and to remove the same and generally to do all such acts as may
be reasotiably necessary for the purpose of conveying tnineral oil hy
means of channels or pipes across the said land or any part thereof ;

(vi) that the lessee will at all times during the term of the lease
cause to he kept true and sufficient hooks of account upo?i such system
and in such form as the Resident may approve, which hooks shall
contain accurate entries of

(1) the quantity of mineral oil won and brought to the surface

from all wells and bores made or sunk under the authority
of the lease ;

(2) the number of persons employed in working and winning

mineral oil under the aidhority of the lease ;
together ivith all other facts necessary or proper for conveniently
ascertaining the arnount of royalty (if any) payable in respect of
mineral oil won under the aiithority of the lease and the manner in
ivhich such mineral oil has been disposed of and will also at his own
expense furnish to such officer as the Resident may from time to time
direct and at such times as the Resident may appoint true and correct
abstracts of all or any of such accounts and will at all reasonable times
allow such officers or persons as the Resident mmj appoint in that
behalf to enter into and have free access to any office or place where
the said account hooks are and to examine them and take copies thereof
and make extracts therefrom ;

136 No. 12 OF 1911.

(vii) that the lessee will at all times during the said term cause to
he made and heft true and correct and intelligible 'plans shewing as
well the situation of each well and boring as the operations and work-
ings which have been carried on under the lease and all such plans
shall be made, amended, and filled in by and from actual surveys to be
7nade for that purpose at intervals of not more than twelve months
and the lessee shall at his own cost furnish to the Resident true and
correct copies of such plans when required so to do ;

(viii) that the lessee will provide and maintain in such position
or positions as the Resident may approve one or more storage tank
or tanks of such design as the Senior Warden may sanction and of
sufficient capacity to contain all mineral oil won or got under the
authority of the lease and fitted with such pipes, meters, and other
means for ascertaining the quantity of oil entering and drawn from the
tank as the Resident m,ay require, and will at the end of each day
cause the total quantity of the mineral oil won and got during the
previous twenty-four hours and measured and ascertained as aforesaid
to be entered in the aforesaid book or books of account and will at all
times permit any persons authorized by the Resident in that behalf
to be present at the raising and measuring or ascertaining the quantity
of the said mineral oil and to keep accounts thereof and to check the
accounts kept by the lessee and will cause all oil won and got under
the authority of the lease to he forthwith passed through the said tank
and will at all times adopt and comply with all requisitions made
by the Resident for the control, record, and check of the oil passed into
and out of the said tank or tanks ;

(ix) that the lessee will at all times during the said term permit any
person or persons authorized in that behalf by the Resident to examine
and test the said tank or tanks and the said meters and appliances
to he provided and kept by the lessee as aforesaid and the manner
in which the requirements of sub-section (viii) are carried out in
order to ascertain whether they are respectively correct arid in good
repair and order and duly carried out and will, if upon any such
examination or testing any such tank or tanks, meters or appliances
be found incorrect or out of repair or order or the said requirements
are not pro^jerly carried out, upon the written requisition of the Resi-
dent adjust, repair, and put in order and properly carry out the same
respectively at his own expense and will not in the meantime, except
ivith the written consent of the Resident, use any tank or appliance
so required to be adjusted, repaired, or put in order ; and if upon any
such examination or testing as aforesaid any thing shall be discovered
tending to the prejudice of the Government in respect of royalty, such
error shall, in the absence of proof to the contrary, be deemed to Jiave
existed for three calendar months previous to the discovery thereof or
from the last occasion of so examining and testing in case such occasion
shall be within such period of three montJis and the royalty payable
by the lessee shall be paid or accounted for accordingly ;

(x) that the lessee will, whenever so required by the Resident by
notice in writing, reserve for sale to the Government all, or such part
as the Resident m,ay direct, of the mineral oil won and to be ivon under
the authority of the lease and of the products thereof and will sell the
same to the Government at such price as shall be settled by agreement

MINING. 137

between the Resident and the lessee, and in default of such agreement
the price to he paid shall he referred to two arbitrators, one to be chosen
by the Chief Secretary to Government and the other by the lessee, and
such reference shall he deemed to be in pursuance of a submissio7i within
the meaning of " The Arbitration Enactment, 1912," or any statutory
modification or re-enactment thereof for the time being in force ;

(xi) that on the occasion of a state of emergency, of which the Resi-
dent shall he the sole judge, the lessee shall, if so required by the Resident
by notice in writing, use his utmost endeavours to increase the supj)ly
of mineral oil or of the products thereof for the Government to the extent
required by the Resident ;

(xii) that in the event of war between His Britannic Majesty and
any other power or on the occasion of a state of emergency , of which
the Resident shall be the sole judge, the Resident may take control of
the land leased and of the ivorks, plant, and premises of the lessee
and the lessee shall conform to and obey all directions issued by the
Resident or on his behalf. Compensation shall be paid to the lessee
for any loss or damage that may be proved to have been sustained by
the lessee by reason of the exercise by the Resident of the poivers in this
sub-section referred to. Any such compensation shall be settled by
agreement between the Resident and the lessee or, in default of
agreement, by arbitration in manner provided in subsection (x) of
this section ;

(xiii) that the lessee will comply with all such directions, conditions,
and restrictions as the Resident may from time to time by notice in
writing impose upon him for the purpose of securing an adequate
supply of oil fuel suitable for the ships of His Britannic Majesty's
Navy or for other purposes of His Britannic Majesty's Admiralty
and for the purpose of securing the refinemeyit in the Federated Malay
States or in the Straits Settlements of all mineral oil ivhich may he
won and got under the lease ;

(xiv) that the lessee will take all such measures as the Senior Warden
may from time to time direct to obviate datiger by fire or explosion to
life or property ;

(xv) that the lessee will make and pay full and reasonable satisfaction
and compensation for all damage and injury ivhich may be done by him
in exercise of the poivers vested in him, by the lease and the carrying on
of the works thereby authorized and will at all times save harmless and
keep indemnified the Rulers, the Government, the Chief Secretary to
Government, and the Resident from and against all actions, suits, claims,
and demands which may be made in respect of any such damage or
injury ;

(xvi) that the lessee will not transfer or sub-lease the land or any part
thereof of interest therein or part with possession of the land or any part
thereof to any other person without the previous consent in writing of the
Resident ;

(xvii) tJiat the lessee ivill on the expiration or sooner determination
of the lease deliver up to the Resident in good order, repair, and condition
and fit for future working all oil-wells made or sunk by the lessee uyider
the authority of the lease, other than wells abandoned with the consent of
the Resident, together ivith all engines and fixtures below ground-level
which cannot be moved without injury to the said oil-wells.

138

No. 12 OF 1911.

To what extent
conditions
continue bind-
ing on lessee.

E. 11 of 1916.

Liability to
forfeiture how
incurred.

E. 11 of 1917.

Section 16a, sub-section

17. The covenants and conditions mentioned in the two last
preceding sections shall continue binding on the lessee not-
withstanding that he may have sub-leased the land or any part
thereof and shall also be binding on the sub-lessee or sub-lessees
of the land and any other occupier thereof.

18. (i) Breach of any of the covenants and conditions described
or referred to in

Section 16, sub-section (\), where the breach has continued

for a j)eriod of six months or
rnore ;
,, „ (iii), except in so far as exemption

may have been granted by the
Resident under the said sub-
section ;
(iv A) ;

{\),the covenants and conditions set
out in sub-section (i) of Section
16, where the breach has
continued for a period of
six months or more, and in
sub-sectioti (iii) of Section 16,
except in so far as exemption
may have been granted by
the Resident under the said
sub -section ;
(vi) ;
(viii) ;
(ix) ;
(x) ;
(xi) ;
(xii) ;
(xiii) ;
(xiv) ;
(xvi) ;

or of any obligation or condition for breach whereof the lease may be
expressed to be forfeitable sdall render the lease liable to forfeiture.

(ii) If at any time the lessee shall during a period of two consecu-
tive years fail to carry on mining operations then, except as aforesaid,
the lease shall without notice to the lessee be absolutely forfeited
and the land comprised therein shall revert to and vest in the Ruler
of the State.

(iii) In the event of the Warden having reason to believe that any
lease is liable to forfeiture under sub-section (ii) of tliis section the
Warden may call upon the lessee to shew cause why the said lease is
not forfeited under sub-section (ii) of this section and thereupon the
burden of j)roving that such lease is not forfeited under sub-section
(ii) of this section shall be u])()n th(^ lessee.

(iv) In th(> event of any proceedings to st^t aside any forfeiture
which has taken ]ilace under sub-section (ii) of this section the
burden of proving that mining operations have been carried on
under the lease declared to be forfeited shall be upon the lessee.

MESriNG.

139

19. The number of coolies required by the terms of any lease Minimum
issued under this Enactment to be employed on the land leased cooiies.'^°
thereunder shall not be less than one cooly to each acre of the said

land.

20. In any case in which a lease has become liable to forfeiture Receipt of quit-
under the provisions of this Enactment, such forfeiture may be vOTt"orfe*iture'.
enforced notwithstanding the fact that quit-rent may have been

received in respect of the said lease, but, if the forfeiture is enforced,
any quit-rent received in respect of the year in which the forfeiture
is enforced shall be repaid to the lessee.

21. (i) In any case in which there is reason to believe that a lessee Provisions in
has done or omitted to do something in consequence whereof his uaWe tcT^"^*^
lease has become liable to forfeiture, it shall be laAvful for the forfeiture.
Collector, Avith the approval of the Resident, to serve on the lessee a

notice, which may be substantially in the form of Schedule H with
such variations as circumstances may require, calling upon him,
Avithin a period specified in such notice but which shall be not less
than one month from the service of the notice, to shew cause to the
satisfaction of the Resident why the lease should not be forfeited ;

(ii) If the lessee shall fail to satisfy the Resident that the lease
ought not to be forfeited the Resident may, by notification in the
Gazette, declare the lease to be forfeited and the land comprised
therein shall thereupon revert to and vest in the Ruler of the State ;

(iii) The notice mentioned in sub-section (i) shall, if possible, be
served personally on the lessee, but, if personal service cannot be
effected, the notice may be served by publication in at least three
consecutive issues of the Gazette ;

(iv) In addition to such service as aforesaid, a duplicate of the
notice mentioned in sub-section (i) shall in every case be posted in
some conspicuous position on the land comprised in the lease ;

(v) The provisions of this section shall not apply to the case of a
lease forfeited under Section 18 sub-section (ii).

22. (i) In every case in which a lease has been forfeited and the procedure
land comprised therein has reverted to and vested in the Ruler of f^rfeVeT^
the State a notice of such forfeiture, under the hand of the Resident,

shall be published in the Gazette and a duplicate thereof shall be
posted in some conspicuous position on the land comprised in the
lease ;

(ii) A copy of the Gazette containing such notice shall be conclusive
evidence in every Court of Justice that the said lease has been
forfeited and that the land comprised therein has reverted to and
vested in the Ruler of the State.

23. Any lessee desirous of obtaining a renewal of his lease may Renewal of
make a written ajjplication for renewal to the Collector at least jfbui'nedr
twelve months before the expiration of the current term of such lease.

A new lease may, if the Resident thinks fit, thereupon be granted if
the lessee proves, to the satisfaction of the Resident, that he has
consistently complied with the covenants and conditions of his lease.

140

No. 12 OF 1911.

How land
may be
surrendered.

Delivery of
forfeited or
expired title.

Exchange of
existing titles
for new leases.

Procedure for
issue of
substituted
titles.

24. (i) It shall be lawful for the person entitled under any
document of title for mining land at any time to surrender his land,
in whole or in part, upon application to the Collector and upon
payment of all arrears, if any, due in respect thereof, and of all fees and
charges, if any, which may be incurred in ascertaining the position
and area of the land so to be surrendered. In all such cases the
document of title held in respect of the land shall be forwarded to
the Collector for cancellation.

(ii) If part only of the land is to be surrendered, the person
entitled shall apply to the Collector to have such part demarcated
and surveyed, and such application shall be accompanied by the
document of title and by a deposit of such a sum as may, in the
opinion of the Collector, be sufficient to cover the amount of all fees
and charges incident to such surrender, and thereafter there shall be
issued to the person entitled a lease in respect of that portion of his
land which remains unsurrendered.

(iii) The Collector shall not be bound to accept a surrender of any
land in respect of which all the requirements of this Enactment shall
not have been complied with.

25. When any document of title is forfeited or expires the Collector
may, by a notice in WTiting to be served on the holder thereof,
require him to deliver up such document, and the holder shall there-
ujjon be legally bound to so deliver it.

26. Any person who at the commencement of this Enactment is
in possession of mining land by virtue of any document of title may
exchange such document for a lease under the provisions of this
Enactment, without further payment except for survey, demarca-
tion, and registration fees, if any : provided that no such exchange
shall be permitted if there be vested in any other person any con-
current right to work any metal or mineral in or upon the land de-
scribed in such document of title ; and provided further that
nothing herein contained shall entitle any person to receive a lease
for a greater area than that specified in the document of title under
which he claims or for a longer period than the unexpired portion
of the terra thereby granted.

27. (i) When any lease has been prepared in pursuance of an
application under Section 26 or in substitution for

(a) an agreement for a lease ; or

(b) any document of title to land whereof a part has been

surrendered to or resumed by the Government ; or

or otherwise it is, in the opinion of the Collector, necessary
to substitute a corrected title ;

the Collector may by notice, substantially in the form of Schedule I,
require the ])erson entitled to receive such lease to attend at the land
office within three; months from the date of service of the notice and
to sign or take out such lease, as the case may be.

(ii) The Collector may also by such notice require that the person
entitled to receive such lease shall on the issue thereof deliver up the

MINING. 141

title in substitution for which such lease has been preiDared, and if
default be made in delivering up any document of title required to be
delivered up under the provisions of this sub-section the Collector
may apply to the Court for an order that such document of title be
cancelled or otherwise dealt with and the Court shall make such
order in the matter as may be just.

27a. (i) Whenever a representation in writing shall he made to the procedure for
Resident by a Warden or any other person {such other person being here- avaut'b'i'^f*"'^^
inafter in this section referred to as ''the promoter'') that for the working under
effective and economical mining of lands specified in such representation sive'scheme.'
it is necessary or expedient that minitig rights over the said lands be Ti.iioiim.
vested in one person and that the same be worked in accordance with a
scheme detailed in the said representation, the Resident may appoint a
Committee consisting of not less than three persons to investigate and
report on the said representation and scheme and after cojisideration of
their report the Resident m,ay, with the jyrevious sanction of the Chief
Secretary, make a provisional order declaring that any land described in
such order which was included in the representation and which has been
leased, for whatsoever purpose, or granted to or is lawfully occupied by
any person is required for carrying out the proposed scheme.

(ii) Such order shall be published in the Gazette and shall state
the district or other territorial division in which the land is situate, its
approximate area, and all other particulars necessary for identifying it
and the place where and the time when a plan of the land may be
inspected.

(iii) After the publication of the order under sub-section (ii) notices
shall be posted at conveyiient places on or near the said land stating
tJuit the same is required for carrying out the proposed scheme and that
claims to compensation for all interests therein may be made to the
Resident. Every such notice shall state the particidars of the land and
sJiall require all persons interested therein to appear personally or by
agent before the Resident at a time and place mentioned in the notice
{such time not being earlier than twenty -one days after the posting of the
notices) to shew cause, if they so desire, against the resumption of
the land for the purposes of the said scheme and in any case to state
the nature of their respective interests in the land and the amount and
particulars of their claims to compensation for such interests.

(iv) A notice to the same effect shall also be served on the occupier {if
any) of such land and on all persoris known or believed to be interested
therein or their duly authorized agents ; provided that if any such
person having no agent resides outside the limits of the State and his
address is known, the notice muy be sent to him by registered letter and a
reasonable time allowed for reply thereto.

(v) Every person required to make or deliver a statement under
sub-section (iii) or (iv) shall he legally bound to do so ivithin the meaning
of Section 176 of the Penal Code.

(vi) The Resident, after hearing and considering any statements and
claims made by or on behalf of persons interested in the said lands and
after such further investigation, if any, as he may deem necessary, may if
he think fit cancel the order made by him under sub-section (i) or he may
confirm such order in whole or in part.

142 No. 12 OF 1911.

(vii) // the Resident confirm such order in whole or in fart, he shall
proceed to define, with the approval of the Chief Secretary, the terms on
which the land to which the order as confirmed relates may he leased for
the carrying out of the said scheme ; and if the promoter or any other
person approved by the Resident shall by mutual agreement with the
persons interested in the said lands satisfy all claims of such persons in
respect thereof and obtain the surrender to the Rider of the State of the
iyiteresis vested in such persons under any document of title to such lands,
the Resident shall issue to the promoter or other person approved as
aforesaid a lease for the said lands on the said terms.

(viii) In the case of any claims not satisfied by midual agreement
under suh-section (vii) the Resident shall, if the promoter or any other
person approved by the Resident give such security as the Resident may
require to pay all compensation that may he awarded and costs and
charges that may be incurred under this sub-section, direct that
the compensation to be paid in respect of the said, unsatisfied claims
he assessed by arbitration, and thereupon two arbitrators shall be
appointed in respect of each such claim, one of whom shall be
appointed by the claimant and the other by the promoter or other
person approved as aforesaid, and the arbitrators so appointed shall
before entering on the arbitration appoint an umpire and shall thereafter
proceed to their arbitration, and if they agree as to the compensation to
he paid their award shall be final and binding, but if they fail to agree the
matter shall be referred to the umpire and the award of the umpire sJmll
he final and biyiding as to the cojnpensation to be paid. The award of
such arbitrators or umpire, as the case may be, shall he delivered to the
Resident, who may, as soon as the amount awarded together with all
costs and charges which may have beeyi incurred in or about such arbitra-
tion Imve been paid, declare by notification in the Gazette that the
grant, lease, or other title, if any, subsisting in respect of the land for
which compensation has been so paid is cancelled and thereupon the
land comprised therein shall vest in the Ruler of the State free of
encumbrances, and the Resident shall thereafter issue to the promoter or
other person approved as aforesaid a lease for the said lands on the
terms defined under sub-section (vii),

(ix) T'he Resident, any committee appointed under sub-section (i),
and any arbitrators or umpire aq)p>ointed under sub-sectio7i (viii) shall
for the purpose of carrying into effect the provisions of this section have
the same ])ower of summoning and enforcing the attendance of witnesses
and of compelling the production of documents and of postponing their
proceedings from time to time as the ordinary Courts have in civil suits.

(x) The Resident may in any case where he thinks fit fix by order
under his hand the amou7it, if any, to he paid to any person {not being
an officer of the Government) in respect of his services on any committee
or as an arbitrator or umpire under this section, and no payment in
excess of any amount so fixed shall he made to or received by any person
in respect of such services.

(xi) Nothing in Section 128 shall operate to interfere with the pro-
visions of this section.

(xii) No order made by the Resident under this section shall be called
in question in any Court.

MINING.

143

27b. Whenever a representation in writing sliall he made to the continuation of
Resident by the occupier of two or more Mocks of mining land which ^^stiomme
are not continuous (such occupier heinq hereinafter in this section referred block to anotiier

T •• t I 7 -7 7- 1 ii -I ■ through inter-

to as the applicant ) that for the economical working of the same it is vening land.
expedient tJuit mining operations commenced on one of such blocks be
continued to another of such blocks through, render , or over the intervening
lands and that for that purpose mining rights over such portions of the
intervening lands as may be specified in the representation be vested in
the applicant, the Resident, after such enquiry as he may think fit, may
make a provisional order declaring that any land described in such
order tvhich was included in the representation and which has been
leased, for whatsoever purpose, or granted to or is lawfully occupied by
any person be resumed.

(ii) When any such order slmll have been made, the procedure
prescribed in sub-sections (ii) to (vi), inclusive, of Section 27a shall be
followed as though the representation and the order, respectively, were
a representation and an order made under sub-section (i) of the said
section, and if the Resident shall confirm such order in whole or in part,
the land to ichich the order as confirmed relates may be resumed and a
lease thereof granted to the applicant, and all the provisions of sub-
sections (vii) to (xii), inclusive, of Section 27a shall apply, in so far as
the same may he applicable, as though the order so confirmed were an
order confirmed under sub-section (vi) of the said section.

TRANSFERS, SUB-LEASES, CHARGES, AND CAVEATS
OF MINING LANDS.

28. (i) After the commencement of this Enafctment all land held provisions as
under any title to occupy land for mining purposes granted prior ^"th^^ancT
to such commencement, or under any such title granted after such
commencement in pursuance of a promise made by the Resident

before such commencement, or under a lease or certificate granted
under this Enactment, shall be subject to this Enactment and shall
not be capable of being transferred, transmitted, sub-leased, charged,
or otherwise dealt with except in accordance with the provisions of
this Enactment, and every attempt to transfer, transmit, sub-lease,
charge, or otherwise deal with the same, except as aforesaid, shall be
null and void and of none effect.

(ii) The provisions of this section shall not apply to a sub-lease Exception of
for a period not exceeding twelve months. leas^? ^"'^

29. (i) Any person wishing to transfer, sub-lease, or charge his Procedure on
land shall deliver or transmit to the Collector of the district wherein transfers, etc.
the land to be transferred, sub-leased, or charged is situated the
document of title under which the land is held together with a
memorandum, substantially in such one of the forms in Schedule

J as the nature of the case may require and with such variations,
if necessary, as the Collector may permit, filled in and duly signed
by each of the parties thereto, or if any such party is a minor or
person of unsound mind by the guardian, next friend, or other person
appointed by the Court to act on behalf of such minor or person
of unsound mind.

144 No. 12 or 1911.

(ii) In the case of a sub-lease of a portion of the land comprised
in any lease there shall also be delivered or transmitted as afore-
said a plan coloured red of the land intended to be sub-leased
intituled " Plan of that portion of the land comprised in lease

No of date sub-leased by sub-lease No of date

to "

(iii) Every signature to a memorandum shall be attested by one
of the f olloA^ing persons :

(a) Within the Federated Malay States —

A Magistrate ;

A Registrar of Titles ;

A Collector of Land Revenue ; or

An Advocate and Solicitor of the Supreme Court.
(h) In the Colony —

A Justice of the Peace ; or

An Advocate and Solicitor of the Supreme Court of the
Colony.

any British Possession other than the Colony —

A Notary Public ;

A Commissioner of the Supreme Court of Judicature
empowered to take affidavit in such Court ; or

The Mayor or Recorder or other Chief Officer of any City
or Municipal Corporation.

(d) In am^ other place —

The British Consular Officer ; or

Any person specially appointed by the Chief Secretary in
that behalf.

(iv) Where any memorandum purports to be signed by any person
on behalf of another who is a minor or of unsound mind the Collector
shall not receive the same for registration until he is satisfied by the
production of the order of Court or otherwise that such person is
duly authorized to act on behalf of the minor or jjerson of unsound
mind, as the case may be.

(v) In all cases where an official holding a seal of office shall
attest any memorandum he shall authenticate his signature by his
official seal.

Power of ( vi) Where any memorandum purports to be signed by any person

attorney. ^g attorney for another, the Collector shall not receive the same for

registration unless the power of attorney is produced and is attested
in a manner similar to that prescribed by sub-section (iii) and
unless the same or a copy thereof be deposited with the Collector
for record : provided that it shall be lawful for the Collector to
accept in place of the original of such power of attorney a copy
thereof, either sealed with the seal of the Supreme Court of the
Colony and marked as an office cop}' of a duly stamped power of
attorney, or declared by an endorsement thereon by a Registrar of

MINING. 145

Titles,- or a Collector, or a Registrar of the Supreme Court in the
Federated Malay States, to be a true copy of a power of attorney
in such officer's custody.

30. On receiving payment of the prescribed fees, and any arrears collector to
of rent which may be due, the Collector shall endorse upon the make certain

!• • 1 1 • !• • 1 1 • Pill- endorsements.

document of title a brief memorial shewing the nature of the dealing,
the names of the parties and the date, and, in the case of a sub-
lease of a portion of land already leased, shall also endorse a refer-
ence to the plan in the book hereinafter mentioned and shall insert
and bind up in a book to be intituled ' Plans of portions of land
sub-leased " the plan delivered or transmitted to him as provided
by Section 29 sub-section (ii), with the blanks in the title thereof
duly filled in. A similar memorial shall be endorsed upon the
duplicate copy of the document of title, and every memorial shall
be made or attested by the Collector and shall contain a reference
to the memorandum upon which it is based.

31. Every such memorandum shall be filed in the land office and Memorandum
shall bear a number to indicate the document of title to which it ^° ^^^ ^^'^'■^^
relates.

32. After registering the transfer, charge, or sub-lease as herein- Document of
before described, the Collector shall return the document of title to reined.''
the party entitled to the custody thereof.

33. (i) Upon the production of any charge having thereon an cancellation of
endorsement signed by the chargee and attested in a manner similar '='^*'""«-

to that prescribed by sub-sections (iii) and (v) of Section 29 to the
effect that the charge has been satisfied the Collector shall write
the word "Satisfied" against the endorsement and memorial
relating to such charge together with the date and the number of
such memorandum and shall affix his signature.

(ii) In any case in which it shall be shewn to the satisfaction of court may
the Court that a charge has been satisfied and that the signature cuTrgel^s'^ '*
of the chargee cannot be obtained in consequence of his absence signature.
from the State, or for any other sufficient reason, it shall be lawful
for the Court to order that the signature of the chargee be disj)ensed
with.

34. (i) On production of sufficient evidence that any sub-lease surrenderor
has been surrendered or cancelled, the Collector shall write the suWease'.'"' °
word " Surrendered " or " Cancelled," as the case may be, against

the memorandum, endorsement, and memorial, and affix his signature
thereto.

(ii) In all other cases an order of the Warden or of the Court
shall be required.

35. (i) It shall be lawful for the Collector, on the application of saie of land by
any chargee and on being satisfied that default has been made in '^''^■'s^^-
payment of the interest, or of any part thereof, or of the principal

sum secured by the charge and that three months' notice, which
may be substantially in the form of Schedule K with such variations
as may be necessary, demanding payment has been given by the
chargee to the owner, to order the sale of the land comprised in the

ir— 10

146 No. 12 OF 1911.

charge, or of such portion thereof as may be necessary. Such sale
shall be carried out at the district land office and no chargee shall
sell any land comprised in a charge except in accordance with the
provisions of this section.

(ii) No order shall be made under this section unless and until
notice of the application, which may be substantially in the form of
Schedule L with such variations as may be necessary, shall have
been served on all |)ersons who would be affected by such order,
and such persons have had an opportunity of appearing before the
Collector.

(iii) Any person aggrieved by anj^ order or refusal of the Collector
under this section may appeal to the Court, which may order any
sale to be suspended pending the hearing of the appeal. No such
appeal shall be admitted after the expiration of thirty days from
the date of the order or refusal appealed against.

Transmission. 36. (i) An cxccutor or administrator or person claiming by any

form of succession may produce to the Collector the probate or
letters of administration granted to liim, and thereupon the Collec-
tor shall endorse under his hand upon both the original and dupli-
cate document of title to the land or interest claimed a brief memorial
shewing the date of the probate or letters of administration and the
date and hour of the production of the same to him and shall add
the words " as representative " after the name of the person to
whom such probate or letters of administration were granted, and
upon such endorsement being made such person shall, subject
to the provisions of any Enactment dealing with probate and
administration, be deemed to be the registered owner of such land
or interest or of such part thereof as shall for the time being remain
undisposed of, and the Collector shall note the fact of such registra-
tion by memorandum under his hand on the probate or letters of
administration. Any person registered as the representative of a
deceased person shall hold the land or interest in respect of which
he is registered for the purposes to which the same is ajoplicable
according to equity and good conscience and subject to any trusts
upon which such deceased person held the same, but for the pur-
poses of any registered dealings with such land or interest he shall,
subject to the j)ro visions of any Enactment dealing with probate
and administration and of this Enactment, be deemed to be the
absolute owner thereof.

(ii) A trustee in bankruptcy or receiver of an insolvent estate or
other person claiming by any order of Court or act of law may
become the registered owner of mining land or of interests therein
by producing at the land office the order of Court establishing his
claim or other satisfactory proof of his title.

(iii) Any person aggrieved by any refusal of the Collector to
register him under this section may appeal to the Court ; provided
that no such appeal shall be admitted after the expiration of thirty
days from the date of such refusal.

(iv) In any case in which no legal representative of any deceased
person shall have been registered it shall be lawftd for the Collector,
at any time after the expiration of twelve months from the death

MINING. 147

of such person and after notification in two successive issues of the
Gazette of the intention to do so, to resume on behalf of the Ruler
of the State any mining lands the title whereto is registered in the
name of such deceased person : provided that no such resumption
shall be carried out during the pendency of proceedings before any
Court to establish the claim of any person to act as such legal
representative.

(v) Nothing contained in this section shall be deemed to vary
or invalidate the procedure provided by any law in force for the
time being to regulate the succession to estates of small value.

37. The Resident may, upon such evidence as shall appear to Power of
him sufficient, order the Collector to correct formal errors in leases J^'^rorrect
or certificates or in the register or other ofiice records, or to supply ^"f""^'
entries which by mistake have been omitted to be made. But the
Collector shall not erase or render illegible the original words and

shall affix the date on which such correction was made or entry
supplied, with his initials.

38. Any person claiming to be interested under any will, settle- caveat may he
ment, or trust deed, or any instrument of transfer or transmission, '^'^'sert.

or under any unregistered instrument, or otherwise howsoever, and
if such person is a minor or of unsound mind the guardian, next
friend, or other person aj)pointed by the Court to act on behalf of
such minor or person of unsound mind, in any land in respect of
which a mining lease or other mining title for a period of more than
twelve months has been issued and is in force, may lodge a caveat
with the Collector to the effect that no disposition of such land
be made either absolutely or in such manner and to such extent
only as in such caveat may be expressed, or until notice shall have
been served on the caveator, or unless the instrument of deposition
be expressed to be subject to the claim of the caveator as may be
required in such caveat, or to any conditions conformable to law
expressed therein.

(i) A caveat may be substantially in the form of Schedule M and Form of raveat.
shall be verified by the affirmation of the caveator or his agent,
and shall contain an address within the State at which notices
may be served.

(ii) Upon the receipt of a caveat the Collector shall make a Notice to be
memorandum thereon of the date and hour of the receipt thereof, caveatee
and shall enter a memorandum thereof in the register, and shall
forthwith send a notice of such caveat through the post office or
otherwise to the person against whose title such caveat shall have
been lodged, hereinafter called '" the caveatee."

(iii) So long as any caveat shall remain in force prohibiting the Kffect of caveat.
transfer or other dealing Avith land, the Collector shall not enter
in the register any memorandum of transfer or other instrument
purporting to transfer or otherwise deal with or affect the land in
respect of which such caveat may be lodged ; provided that the
Collector may notwithstanding the terms of any caveat make any
entry in the register required to be made in pursuance of a sale
for recovery of arrears of rent due to the State.

148

No. 12 OF 1911.

Opposition to
caveat.

Removal of
caveat.

Caveat.ee to
give address.

Extension of
time to
caveator.

■Withdrawal
of I'aveat.

Re-jistration of
withdrawal.

No second
laveat to be
lodtjed in
same matter.

Person wronj^-
fnlly lodt^;iii^'
caveat to make
compensation.

(iv) The lessee or other person claiming land may by summons
call upon the caveator to attend before the Court to shew cause why
the said caveat should not be withdrawn, and it shall be lawful
for the Court upon proof that such last-mentioned person has been
summoned, and upon such evidence as the Court may require,
to make such order in the premises either ex parte or otherwise as
to the Court shall seem fit. And where a question of right or title
shall require to be determined, the proceedings shall be as nearly
as may be in conformity with the rules of Court in relation to civil
causes.

(v) Except in the case of a caveat lodged by the Collector the
caveatee may make application in writing to the Collector to remove
such caveat, and thereupon the Collector shall give twenty-one
days' notice in writing to the caveator requiring that the caveat
be withdrawn, and after the lapse of twenty-one days from the date
of the service of such notice at the address mentioned in the caveat
the Collector shall remove such caveat from the register by entering
a memorandum that the same is discharged, unless he shall have
been previously served with an order of the Court extending the
time as herein provided,

(vi) Such caveatee shall in such application give an address in
the State at which notices and proceedings maj^ be served.

(vii) The caveator may either before or after receiving such notice
from the Collector apply by summons to the Court for an order to
extend the time beyond the twenty-one days mentioned in such
notice, and such summons may be served at the address given in
the application of the caveatee, and it shall be lawful for the Court
upon proof that the caveatee has been summoned, and upon such
evidence as the Court may require, to make such order in the
premises either ex parte or otherwise as the Court shall think fit.

(viii) The caveator may by notice in writing to the Collector
withdraw his caveat at any time, but such withdrawal shall not
l)rejudice the power of the Court to make an order as to payment by
the caveator of the costs of the caveatee incurred jjrior to the receipt
by the caveatee of notice in writing of the withdrawal of .such
caveat.

(ix) An entry shall be made by the Collector in the register of
the withdrawal, lapse, or removal of any caveat or of any order made
by the Court.

(x) It shall not be lawful for the same person or for anyone on
his behalf to lodge a further caveat in relation to the same matter,
but the Collector may alter or amend the same in such manner and
on such terms as may seem just, and all such amendments shall be
made as may be necessary for the purpose of determining the real
([uestions in controversy between the caveator and caveatee, and
nothing herein contained shall prejudice the right of the Collector
to enter or continue any caveat under the powers vested by in him
sub-section (xii).

(xi) Any person other than the Collector lodging or continuing
any caveat wrongfully and without reasonable cause shall be liable
to make compensation to any person who may have sustained
damage thereby.

MINING. 149

(xii) The Collector may at any time enter a caveat on behalf of Powers ot
the Ruler of the State, or on liehalf of an^^ person who may be under Coiie<;tor.
the disability of infancy, lunacy, unsoundness of mind, or absence
from the State, to prohibit the transfer of, or any dealing with,
any land belonging or supposed to belong to the State or to any
such persons as hereinbefore mentioned, and also to prohibit any
dealing with any land in any case in which it shall appear to him
that an error has been made by misdescription of such land or
othenvise in any document of title or other instrument, or for
the prevention of any fraud or improper dealing.

(xiii) This section shall apply only to land in respect of which a proviso.
mining lease or other mining title for a period of more than twelve
months has been issued and is in force.

39. Every title to work mining land shall be subject to the land Land laws to
laws of the State for the time being in respect of the following cases. "^ '^^'^'^'°
matters — that is to say,

(a) Demarcation and survey ;
(h) Collection of land revenue ;

(d) Loss of documents of title ;

(e) Certified copies of documents of title ;

(/) Acquisition of land for residential reserves or public pur-
poses.

39a. Any yerson may ivith the consent in writing of the owner Rishttobore
or lessee {under a Government lease) of any land alienated otherwise '"'"'•
than for mining purposes bore such land on giving to the Warden ^' ^" °^ ^'''^^
seven days' notice in ivriting of his intentioji so to do, and such person
slmll, whenever so required by the Warden, furnish a return of the
results of such boring.

Proprietary Mining Licenses.

39b. (i) The Resident may from time to time, by notification in Declaration of
the Gazette, declare any area to be an area within ivhich minting may ^vuvh^mini^vj:
be carried on under j)roprietary mining licenses on lands held under may be carried
titles whereby surface rights only are conveyed and may, by notification license, on
in the Gazette, at any time revoke any such declaration. unri^'titfea

(ii) So long as any such declaration remains in force the Collector conveying

* surfacB rights

may, on the application of the registered proprietor or lessee of any only.

land, situated within the area specified in such declaration, which is e. ioo£i9i8.

held under a title whereby surface rights only are conveyed, issue,

ivith the approval of the Resident and the express consent of all persons

having registered interests, by way of charge or otherwise, in the said

land, and after the payment of such premium, if any, as the Resident

may direct, to such proprietor or lessee a license to work all tin and

tungsten ores found beneath the said land, or beneath such part of it

as is specified in the license, and to remove, dispose of, dress, and treat

the same during the continuance in force of the title whereby the said

surface rights are conveyed or during such lesser period as shall be

stated in the license, subject to the provisio7is of this Enactment and to

the payment of rent in respect of the said license at the rate prescribed

for the time being to be reserved in respect of leases issued thereunder.

150

No. 12 OF 1911.

Provisions
relating to
licenses issued
under
Section S'JB.

E. 10 of lUlS.

39c. (i) Every license issued under Section 39b shall he suhstan-
tially in the form of Schedule M^ and shall be subject to the following
conditions and limitations :

(a) it shall convey to the licensee the right to work in such manner
only as 'inay be approved by the Warden ;

(h) it shall be liable to cancellation by the Warden should the
licensee at any time during the continuance thereof make
defaidt in the observance of any of the conditions of such
license or of the provisions of this Enactment or of any rule
thereunder or disobey or disregard any lawful order made by
the Warden or an Inspector ;

(c) the licensee shall notify in advance to the Warden in writing
the date on which work binder the license will be begun, and
on cessation of work thereimder shall, without delay, notify
such cessation to the Warden in writing ;

and to such other conditions and limitations, if any, as may be
expressly set forth therein, and there shall be implied therein, on the
part of and relating to the licensee, in the absence of any express
provision to the contrary, the same covenants and conditions as are
by Section 16, paragraphs (i), (ii), (v), (vii), (viii), (ix), (x), (xi),
and (xii), implied on the part of and relating to a lessee in a lease
not expressed to be for working mineral oil only ; and the provisions
of Sections 17, 18 (i), 20, 21, 24, and 25 shall, with the necessary
modifications, apply in respect of every such license.

(ii) For the purposes of this Enactmeyit land which is authorized
by a license issued under Section 39b to he minted shall, except in the
construction of Section 26, Section 75, and Sectio7i 116 (ii), be deemed
to he mining land, and for the purposes of Section 116 (i) a license
issued under Section 39b shall he deemed to be a document of title to
mining land.

(iii) The benefit and the burden of every license issued under
Section 39b shall, ivhile such license continues in force, attach to and
be inseparable from the registered title to the surface rights over the
land so licensed to he mined, a7id such license shall not he capable of
being transferred, sub-leased, charged, or dealt with otherwise than
by means of and incidentally to a trarisfer, sub-lease, or charge of,
or other dealing with, the title to the surface rights over the land
licensed to be mined ; hut every transfer, sub-lease, or charge of, or
other dealing with, the said title shall, whatever be the terms thereof,
he deemed to extend to and ificlude the mining rights created by such
license in so far as the same relate to the land the surface rights whereof
are so transferred, sub -leased, charged , or otherwise dealt with.

(iv) Upon the issue of a license under Section 39b, the Collector
or Registrar of Titles, as the case may he, having custody of the Register
ivherein the title to the land, licensed to be mined is recorded shall
make in the said Register an entry of the issue of such license and shall
on proof to his satisfaction of the cancellation or other determination
of any license whereof an entry has been m,ade as aforesaid make in
the said Register an entry of such cancellation or other determination.
The Collector shall furnish to the Registrar of Titles all information
necessary to enable the Registrar of Titles to comply ivith the pro-
visions of this subsection.

MINING. 151

(v) For the purposes of a lease of land in respect whereof a
proprietary license has been issued under Section 39b the form of
lease prescribed by " The Registration of Titles Enactment, 1911,"
may be modified by the inclusion of such of the stipulations contained
in the form of memorandum of sub-lease prescribed by this Enactment
as may be necessary to carry out the agreement between the parties.

Individual Mining Licenses.

40. Tlie Resident may from time to time, by notification in the Authority for
Gazette, declare any area to be an area within which raining may duaUke^l;?'"
be carried on under individual mining Hcense, and so long as any

such notification remains in force it shall be la,wful for the Collector
to issue licenses for individual mining within the area specified in
such notification.

41. (i) Every such license shall be substantially in the form Form of license
of Schedule N, and shall convey to the person named therein the ''^'^'^ conveyed.
right to mine any mineral deposit other than oil shales and mineral n.iiofiuic.
oil being within the area defined by such license.

(ii) No such license shall be issued except to the person named
therein.

42. (i) Every such license shall be subject to the following conditions and
conditions and limitations : u«nse!°"'°^

(rt) It shall not remain in force after the 31st day of December
of the year in resjDect of which it is issued ;

{b) It shall not be transferable ;

manner only as may be approved by the Warden or by
an Inspector ;

(d) It shall be liable to immediate cancellation by the Warden

should the licensee at any time during the continuance
thereof make default in the observance of any of the
conditions of such license or of the provisions of this
Enactment, or disobey or disregard any lawful order ;

(e) It shall be carried by the licensee at all times when he

may be engaged upon any work which is in any way
affected or controlled by the conditions of such license
or by the provisions of this Enactment, and shall be
produced whenever lawfully required,
(ii) There shall be payable in respect of every such license such
fee as may be prescribed.

PART III.
PROSPECTING LICENSES.

43. (i) It shall be lawful for the Collector, with the approval Licenses to
of the Resident, to grant licenses to prospect for metals or minerals, prospect.
subject to such terms, conditions, and limitations as are stated in

this Part.

152

No. 12 OF 1911.

Application for
license and
particulars to
be given.

Particulars to
be entered.

Form of license
not transfer-
able.

Express author-
ity required to
prospect for oil.
E. 11 of 1910.

License to
work subject to
■Warden's
direction.

K. llofl'JlO.

Removal of
minerals.

Where licensee
may not pros-
pect.

li.n otl'JlG.

(ii) No license so granted shall be in any Avay nullified by the
provisions of "The Land Enactment, 1911."

(iii) In this Part " license " means a license issued under the
provisions of this Part, and " licensee " means the lawful holder of
such a license.

44. Every application for a license shall be in writing and shall
contain the following particulars —

(a) The position, approximate area, and boundaries of the land

in respect of which the application is made ;

(b) The metal or mineral for which it is proposed to prospect ;

desires the prior right to receive a lease,

45. The particulars of ever}^ application for a license shall be
entered by the Collector in a book to be kept by him for that
purpose, and all applications shall be dealt with according to the
order in which the same are received, but so that priority of appli-
cation shall give no claim or priority of claim to a license.

46. Every license shall be substantially in the form of Schedule
; no license shall be transferable.

48a. No prospecting license, whether issued before or after the
commencement of this Enactment, shall convey any right to prospect
for oil shales or mineral oil unless such right be conferred in express
terms by the license.

47. Every license shall convey to the licensee the right to under-
take and continue such work only as may in the opinion of the
Warden be reasonably necessary to enable him to test the qualities
of the land in respect of the metal or mineral specified in the license.

48. It shall be lawful for the licensee to remove from the land
and dispose of all metals or minerals raised in the course of pros-
pecting operations upon payment of such royalty or export duty
as may be fixed by any law for the time being.

49. (i) Except as provided in sub-section (ii) a license shall convey
no permission to prospect lands other than State lands except with
the consent in ivriting of the lawful occupier thereof, nor shall it entitle
the licensee to enter upon any land which shall at the date of such
license be the subject of an application for a mining lease.

(ii) A license to prospect land for oil shales or mineral oil may, by
express authority in that behalf therein contained, empower the
licensee to prospect lands other than State lands or to prospect land
ivhich shall at the date of such license be the subject of an application
for a mining lease.

(iii) Where a licensee duly empowered in that behalf prospects
any land other than State land, he shall be liable to make compensation
in the case of alienated land to the owner, lessee, or lawful occupier
thereof and in the case of reserved land to the person having the control
thereof for any disturbance or damage caused by such prospecting
operations ; and such compensation shall, unless settled by mutual
agreement between the parties concerned, be assessed in the manner
provided by Part VII of " The Land Enactment, 1011."

MINING. 153

50. (i) Every licensee shall permit the Warden and Inspector, workofiicensee
and any persons thereto duly authorized by the Warden, at all fus^peciion.
reasonable times to inspect any work which may have been executed

or A\hich may be in progress upon the land the subject of such
license, and shall render, Avhen so required, by the Warden, a full,
true, particular, and just account of the results of his prospecting
operations.

(ii) Where prospecting operaiions have been or are being carried e. iiofigie,
on under license on land other than State land, the Warden and
Inspector and any persons thereto duly authorized by the Warden may
at all reasonable times enter upon such land for the purposes of such
inspection as aforesaid,

51. Ever}^ licensee shall produce his license at all reasonable Production of
times when required to do so by the Collector, the Warden, or an '"^^^'^^•
Inspector.

52. Every license shall be liable to be cancelled by the Resident License may be
upon proof of the breach of any of the conditions thereof or of any '^^"^^''^d.

of the provisions of this Enactment.

53. Every license shall convey to the licensee as from the date of Eights of
the receipt of an apijlication for a license by the Collector the prior ^'censee.
right to select and receive a lease for a block of mining land, of an

area to be determined by the Resident and stated in the license,
from any part of the land being State land described in such license,
in the event of the Resident being satisfied that the licensee has
done a sufficient amount of prospecting work to entitle him to
such land ; and shall also, in the absence of any express provision
therein to the contrary, convey to the licensee the following rights
and pri\T.leges and be subject to the following conditions :

(i) The exclusive right to prospect within a specified area for the y.. n of i9i6.
metals and minerals specified in the license.

(ii) No application for a lease lodged in respect of any land
held under a license shall be dealt with and no portion of such land
shall be alienated for any purpose until all rights of the licensee in
respect of such land shall have been satisfied.

(iii) If upon the expiration of the term of any license the licensee
shall prove, to the satisfaction of the Resident, that he has completed
a reasonable amount of prospecting and has otherwise in all respects
complied wdth the conditions of his license and the provisions of
this Enactment, there shall upon his application and upon pajonent
of the prescribed fee be issued to him a new license in respect of
any such part of the land comprised in the former license as he
may select ; provided that such part shall not, except with the
permission of the Resident, exceed one-half thereof ; such new
license shall, unless the Resident other^\ise direct, entitle the licensee,
subject to the provisions of this Part, to select and receive a lease
for a block of mining land of an area not less than that which he
was entitled to select under the expired license ;

(iv) The term of every license shall be fixed by the Resident ;

(v) There shall be payaJ)lc in resi^ect of every license the prescribed
fees together with the amount of all such reasonable expenses,

154

No. 12 OF 1911.

Eights of
licensee where
land is not
[State land.

E. llof 191C.

License to
proprietor of
land to prospect
it for metals or
minerals.

E. 10 of 1918.

if any, as may, in the opinion of the Collector, be necessaiy to defray
the cost of fixing the position of the land to be included in such
license ;

(vi) A license may at any time be cancelled by the Resident if
the licensee shall have ceased altogether to work on the land com-
prised in the license for a period to be fixed by the Resident and
inserted in the license ;

(vii) Upon completion of prospecting for metals or minerals under
any license the licensee shall fill in all pits, shafts, or excavations
unless the licensee obtains authority in writing from the Warden
exempting him from this condition. The Warden may grant any
such exemption upon such conditions as he may think fit and may
call upon the licensee to provide security not exceeding five hundred
dollars for the due fulfilment of this condition.

53a. Where a license expressly authorizes the prospecti7ig of Icmd
other than State land, the lease to which the licensee has under Section 53
a jmor right may, subject to the provisions of Section 130, include any
part of the land, other than State land, ivhich the licensee has by the
license been authorized to prospect, if the following conditions arc
complied with but not otherivise, that is to say —

(a) that, in the case of alienated land, the licensee shall have
acquired all rights of other persons in the land desired to be
included in the lease or shall have paid the cost of the re-
sumption thereof under Section 128 a7id the same shall have
heeen resumed;
(h) that, in the case of land reserved for a public purpose, the
licensee shall have obtained such consent as is required under
Section 10 of ' ' The Land Enactment, 1911," for the revocation
of the reserve in respect of the land desired to be included in
the lease and the same shall have been revoked.

53b. In the case of an application by the registered projyrietor or
lessee of land held until a title whereby surface rights only are conveyed
for a license to prospect such land or part thereof for metals or minerals,
and in the case of a license granted ujwn any such application, the
following provisions of this Part shall not apply, that is to say —

paragraph (c) of Section 44 ;

paragraph (iii) of Section 53 ; and

Section 53a ;
and a license granted upon any such application shall convey to the
licensee no right to a mining lease, mining license, or other mining title,
and for the purposes of such a license the form in Schedule shall be
modified accordingly.

Control of
and property in
water vested in
Kuler of State,

PART IV.

PROVISIONS REGARDING WATER.

54. The entire property in and control of all rivers, streams, and
water-courses throughout the State is and shall be vested solely in
the Ruler of the State, save in so far as such right may in any sjiecial
case have been limited by any express grant made before the
commencement of this Enactpiont,

MINING. 155

55. (i) Any person who shall in the course of mining operations Restoration ot
interfere Avith the bank of any river, stream, or water-course may, "^^r banks.
by written order, be required to restore the same to the condition in

which it was immediately prior to such interference or to re-make
the same in such manner as may be specified in the order.

(ii) Such order may be made by the Resident in the case of rivers,
streams, and water-courses or parts thereof as to which the Resident
may have notified in the Gazette that orders under this section shall
only be made by him ; in other cases orders under this section may
be made by the Warden.

56. It shall not be lawful for the occupier of any mining land to Alteration in
make or permit any other person to make, without the sanction of an prohibited!'"*^
Inspector, any such alteration in the water supply of any lands as

may prejudicially affect the water supply enjoyed by any other
persons or lands.

57. Whenever any such alteration shall have been so made, the riesumptiou
occupier or occupiers of the lands benefited thereby shall, in the J^a^def'**^'"'^
absence of proof to the contrary, be presumed to have made it.

58. (i) It shall be laA^-ful for the Warden to issue to any person License for use
who is working or is about to work any land for mining, by virtue of <'^"'**®'^'
any legal title, a license to divert, make use of, and deliver such

water as is therein mentioned, in such places, by such means, in
such manner, in such quantities, and on such conditions as he may
think fit.

(ii) Every such license shall be substantially in the form of
Schedule P and shall be tenable for any period not exceeding twelve
months, and shall be renewable at the discretion of the Warden.

(iii) Licenses for periods exceeding twelve months to be named
in the license, may be granted under the hand of the Resident.

59. The Warden shall have power to issue a notice in writing warden may
calling upon the occupier of any mining land to take out such license to'be'taken^out
within a period to be specified in such notice, and every person so

cited shall be legally bound to comply with such notice.

60. No occupier of any mining land to whom such license shall conditions of
have been issued, nor any person in his employ or working upon such observed! ^^
land, shall divert, make use of, or deliver any water, otherwise than

as permitted or required by the terms of such license, without the
permission in writing of an Inspector.

61. It shall be lawful for the Warden to cancel any such license cancellation
upon proof of the breach by the licensee, or such other persons as are °^ icense.
in the preceding section mentioned, of any of the conditions of such
license.

62. An Inspector shall have power to give orders concerning the inspector's
distribution of any available water among the occupiers of any ^i^p^t^f
mining lands, and all persons affected by such order shall be legally water.
>)ound to obey the same ; every such order shall be given in writing

if so required by any person affected thereby.

156

No. 12 OF 1911.

Water-wheel
may be

forbidJen.

Powers of
Eesident iu
respect of
water.

Eev'ooation or
alteration of
Resident's
license.

Assessment of
compensation.

Record of water
license on titles
affected.

E. 11 of 1917.

Occupier of land
beneficially
affected by Rosi-
rlcnt's license
to permit use of
outflow to
others.

63. An Inspector shall have power to forbid the use of a water-
wheel in any case in which it may appear to him that the use of
the same is prejudicial to the interests of other miners, and every
person receiving such prohibition shall be legally bound to comply
therewith.

64. (i) It shall be lawful for the Resident to grant, for a stated
period and purpose, to any person a license to erect, cut, or construct
upon or through any State or alienated lands, to be described in such
license, any pump, line of pipes, flume, race, drain, dam, or reservoir,
and, subject to such conditions as may be specified therein, to take
and use all water therefrom in such quantities and in such manner as
in the opinion of the Resident may be necessary for the purpose of
effectually working such lands as may be specified in such license,
and it shall be lawful for the licensee to enter upon such State or
alienated lands for the purposes expressed in such license, and to
carry out all or any of the works thereby sanctioned, and to exercise
all or any of the rights thereby granted ; provided that he shall be
liable to make compensation to the owner or lawful occupier of any
alienated land upon which such work shall be carried out or such
rights exercised.

(ii) All rights and privileges granted by an}^ such license shall be
exercisable by the representatives and assigns of the licensee, and
shall be revocable if not exercised for a period of two .consecutive
years.

65. The Resident shall have power, at any time and without cause
assigned, to revoke or alter any license granted by him in accordance
with the provisions of the last preceding section, or to vary the terms
and conditions thereof, upon payment to the licensee, his representa-
tives or assigns, of compensation for any damage which ho may
sustain in respect of such revocation, alteration, or variation.

66. Failing agreement the compensation mentioned in the two
last preceding sections shall be assessed in the manner provided by
Part VII of " The Land Enactment, 1911."

66a, Where alienated land is affected by a license granted under
Section 64 of this Enactment or under Section 64 of " The Mining
Enactment, 1904," of any State, the Collector or Registrar of Titles, as
the case may be, having custody of the Register wherein the title to such
land is recorded shall, on production to him of such license, make in the
said Register an entry of the grant of the license and of the period thereof
and shall certify on the license that such entry has been made and shall
on proof to his satisfaction of the revocation of any license whereof an
entry has been made as aforesaid make in the said Register an entry of
such revocation.

67. The Warden shall have power to compel the lawful occupier of
any mining land which is beneficially affected by the rights and
privileges conferred by such license as is in Sections 58, 64, and 65
mentioned, to permit any other person to enter upon such land, and
thereupon, at his own expense, to erect, construct, and maintain any
pump, line of pipes, flume, race, or water-course which in the opinion
of the Warden may be necessary to enable such person to take

MINING. 157

advantage of any outflow of water from such land, and to convert
the same to his own use : provided that no such erection, construc-
tion, or maintenance shall be permitted or continued upon proof
that the same is exercising or is likely to exercise any prejudicial
effect or result upon or towards any actual or prospective mining
operations which are or may be hereafter commenced or carried on
upon the land so beneficially affected as aforesaid.

68. (i) Every j)erson who shall use water in connection with his Purification of
mining operations, whether for the generation of power or for the "■^'®'^-
removal of mineral substances, or for concentrating, milling, or other-
wise dealing with such substances, shall, whatever may be the nature
and date of the title under which such use is enjoyed, make such
provision as will ensure that all water so used shall, before it leaves
the mining area on which it has been so used, be freed from all
chemicals deleterious to animal or vegetable life.

(ii) No effluent water from any mining area shall contain or e. ii of 1917.
remove solid matter in excess of an amount prescribed by rules under
this Enactment.

(iii) The Warden or an Inspector shall on complaint made in
AATiting of failure on the part of an}^ person to comply with the
requirements of sub-sections (i) and (ii) hold an enquiry into the
matter of such complaint, and may, with or without such complaint
as aforesaid, at any time order any person who shall fail to comply
with the requirements of sub-sections (i) and (ii) to provide such
retaining walls, brush dams, settling pits, and other mechanical
aj)pliances and to use such chemical methods as the Warden or
Inspector may deem necessary for effectual compliance with the
said sub-section, and may also order such j^erson to suspend his
mining operations until such provision has been made and such
methods adopted.

(iv) Compliance with an order of the Warden or of an Inspector
made under the preceding sub -section shall not affect any liabilitj^
incurred by any person through breach of the provisions of sub-
sections (i) or (ii).

PART IV A.
PROVISIONS REGARDING MINERAL OIL.
68a. (i) It shall he lawful for the Resident to grant for a stated period Pipelines for

, , . 1 . J 1 7 • . • • conveyance of

to any person a License to construct, lay, and matntatn m, iiyon, or mineral oii.
through any State lands, alienated lands, or reserved lands, to he specified e. 11 of luic.
in such license, a line or lines of pipes for the conveyance of mineral
oil raised or produced in the Federated Malay States and, suhject to such
cotiditions as may he specified therein, to use the same for conveying such
mineral oil, and it shall he lawful for the licensee, suhject to the provisions
of any rules in force under this Enactment, to enter upoii such State lands
or alienated lands, or reserved lands for the purpose of exercising and to
exercise the rights conveyed hy the license ; provided that he shall he
liable to make compensation to the owner or lawful occupier of any
alienated land and to the person having the control of any reserved lands
for any damage caused hy such entry or exercise.

158

No. 12 OF 1911.

Obligations in
respect of
refineries.

(ii) All rights conveyed by any such license shall, tinless it be expressly
otherwise provided in the license, be exercisable by the representatives
and assigns of the licensee and shall be revocable without compensation
if not exercised for a period of two coyisecutive years.

(iii) The Resident shall have power at any time and without cause
assigned to revoke or alter any license grarited under subsection (i) or to
vary the terms and conditions thereof upon payment to the licensee, his
representatives or assigns of compensation for any damage which he or
they may sustain by reason of such revocation, alteration, or variation.

(iv) The compensation mentioned in sub -sections (i) and (iii) shall,
unless settled by mutual agreement between the parties concerned, be
assessed in the manner provided, by Part VII of " The Land Enactment,
1911."

68b. Every owner of any works for the extraction of oil from oil shales
or of any oil refinery and every person having the control of any such
works or refinery shall comply with all such directions , conditions , and
restrictions as the Resident may from time to time by notice in writing
impose upon him for the purpose of securing an adequate supply of oil
fuel suitable for the ships of His Britannic Majesty's Navy or for other
the purposes of His Britannic Majesty's Admiralty.

PART V.
THE REGULATION OF MINING OPERATIONS.

Warden may
require
boundaries to
be opened.

fiunpowder,
etc., not to be
stored in mine
or buildinj;
except as
prescribed.

Proceedings
upon accident
in mine.

69. It shall be lawful for the Inspector to issue to the lawful
occupier of any mining land a notice calling upon him to open and
keep open the boundaries thereof within a j^eriod to be specified in
such notice, and thereupon such occupier shall be legally bound to
comply with the same, and, if he shall fail to do so, the Warden may
cause the work to be done and recover the cost from the occupier by
action in any Civil Court having jurisdiction, and a certificate signed
by the • Warden shall be conclusive evidence of the amount
recoverable.

70. No guni:)Owder, dynamite, petroleum, or other inflammable
oil in bulk, or other substance of an explosive or dangerous nature,
shall be stored, placed, or used in or near any mining area or building,
except in such places, in such quantities, in such manner, and on such
conditions as shall be prescribed by rules under this Enactment ;
and no detonator, match, or other highly inflammable substance or
liquid shall be stored together with any other explosive substance or
liquid.

71. (i) Whenever any accident causing or resulting in loss of life
or serious bodily injury to any person or persons or serious injury to
the property of any person (not being the lessee of or employed upon
the mine) or of the State has occurred in any mine or upon any
mining land it shall be the duty of the mining manager or other
person in charge of mine or mining land to report in writing to the
VV'arden and the Inspector with the least possible delay the facts of
the matter so far as they are known to him, and the Warden or

MINING. 159

Inspector shall thereupon proceed to visit the place where the
accident has occurred, and the Warden or Inspector shall make a
preliminary investigation of the circumstances and record the result
of such investigation in writing, and if there has been any loss of life
or there is reason to anticipate that any person has been fatally
injured shall send a copy of such record to the nearest Magistrate.

(ii) In the event of loss of life or serious injury to any person due
to or caused by any accident in or about a mine the place where the
accident occurred shall be left as it was immediately after the
accident until the Warden or an Inspector has completed his
investigations ; provided that rescue work and work necessary
for the general safety of the mine and its employees is not to be
delayed and that work may continue after three clear days from
the accident.

(iii) If upon such preliminary investigation it appears to the
Warden or Inspector that there is any reason to believe that the
accident was due to any failure to comply with any of the provisions
of this Enactment or of any rules made thereunder, or to the neglect
of any lawful order given by the Warden or Inspector or of any rule
made by the manager under Section 72, or the Warden or Inspector
is not satisfied that the accident might not have been prevented if
projjer precautions had been taken and observed in the working
of the mine or mining land, the Warden shall then, as soon as
conveniently may be, hold an enquiry into the nature and cause of
the accident, with or without assessors, in the manner hereinafter
in this Enactment provided, and shall forward a coi\y of the evidence
taken at such enquiry with his finding and such further report as
may seem to him necessary to the Resident, and if he is of opinion
that criminal proceedings ought to be instituted in connection
with the accident against any person or persons to the Deputy
Public Prosecutor also.

72. The manager of any mine shall draw up a code of rules for Code of rules by

,'- "^ oi . T • , T • • manager ot

the local government of such mme and its surroundmg mmmg mine,
appliances and accessory works if ordered to do so by the Warden
and shall specify at the end of each clause the fine, or forfeiture,
for the infringement of such clause. Any such code shall come into
force upon bemg approved by the Resident in writing and shall
cease to be in force as soon as the Resident shall in writing with-
draw his approval thereof ; and fines or forfeitures inflicted under any
such code while in force shall be recoverable and enforceable by
order of a Magistrate in the same way as fines or forfeitures inflicted
or adjudged by such Magistrate, or such fines or forfeitures may be
deducted by the manager of the mine from the salary of any servant
or officer of the mine who has in the opinion of such manager
become liable to pay the same, and any such person aggrieved by
the decision of the manager may appeal within thirty days to the
nearest Magistrate, who may confirm, vary, or reverse the decision
of the manager.

73. Except so far as may be necessary in order to make the overburden not

n . 1 ••iiji -ji Jill to be deposited

nrst oj)ening to work any mimng land, the occupier thereof snail onunwortej
not deposit any overburden or tailings upon any un worked land '*"'^"
without the permission of an Inspector.

160

No. 12 OF 1911.

Inspector may
give directions
as to over-
burden.

Deposit of
overburden on
worked-out
land.

Similar deposit
on unworked
land.

Power of
Warden as to
earth, etc.

E. Uof 1917.

" Lombonp;
Siara " not
allowed without
license.

Warden may
refuse license.

Kequirements
ot license.

74. The occupier of any mining land raay be directed by an
Inspector to deposit his overburden or tailings upon any other land
denoted by him.

75. The occupier of any worked-out land or mining land that
has no mineral value shall, upon receipt of an order to that effect
from an Inspector, permit the occupiers of any other lands to deposit
overburden or tailings thereon.

76. The occupier of any unworked land shall, upon receipt of an
order to that effect from the Warden, permit the occupiers of any
other land to deposit overburden or tailings thereon. The Warden
shall not make any such order unless and until the occupiers in
whose favour the order is to be made shall have given security to
the occupier of the unworked land, by bond with sureties or by cash
deposit, to the satisfaction of the Warden, to compensate the occu-
pier of the unworked land for any loss or damage which he may
suffer by reason of the overburden or tailings being deposited on
his land.

77. (i) The Warden shall have power to give such orders as may be
necessary to control the disposal of all earth, sludge, dirt, tailings,
or other refuse matter from any mine, washing-shed, stamping-
house, water-course, or other place.

(ii) The Warden shall have power to order such precautions to
he taken and such dams, spillways, channels, and other works to he
constructed and maintained as unay in his opinion he necessary to
ensure that earth, sludge, dirt, tailmgs.or other refuse matter from any
Tnine, washifig-shed, stamping-house, water-course, or other place
shall not he carried or washed away hy storm water or hy water used
for the purpose of ivorking any mine to any 2^^«ce not heing a place
where the same may laivfuUy he deposited.

78. (i) It shall not be lawful for any occupier of mining land,
notwithstanding the terms of any document of title thereto, to
commence or carry on, or allow to be commenced or carried on,
upon such land any underground workings or workings of the nature
known in Malay as " lombong Siam " or in Chinese as " ta lung "
or " ta ngam "or " ta pak kop lung " without a license in writing
under the hand of the Warden so to do.

(ii) The Warden may, at his discretion, grant or refuse any such
license, and may grant the same subject to any terms or conditions
as to construction, timbering, or otherwise, as he may think fit.
In the event of the Warden refusing any such license or imposing
any such conditions he shall, if so required by the applicant, state
in writing the reasons for such refusal or for imposing such condi-
tions ; provided that such license shall not be refused to any person
applying therefor who may be expressly authorized by any docu-
ment of title to mining land to work the same by underground
methods.

79. E\'ery such license shall be substantially in the form of
8cliedule Q and shall

MINING. 161

(a) describe the limits of the land ;

(h) contain such conditions as may be necessary for the pro-
tection of hfe and property ;

(c) be liable at any time to cancellation or alteration by the
Warden upon proof of breach of the conditions of the
license, or if it shall appear to the Warden that further
work under the license cannot be carried on efficiently, or
is likely to cause danger to life or property.

80. (i) The occupier of any mining land, whether alienated open pit, etc.,
before or after the commencement of this Enactment, in which any and sha'fts^to b«
open pit, shaft, or adit exists shall lii'ed in.

(a) erect and thereafter maintain such fencing as may be neces-
sary to prevent the occurrence of any danger or damage
to man or beast ;

(6) surround with a substantial wall or fence the top of any
shaft which for the time being is out of use or used only
as an air-shaft ;

(c) immediately fill in every shaft so soon as the same ceases
to be required for further use, and every shaft which the
Warden may by written order direct to be filled in ;
provided that no person shall be liable to any penalty
for failure to comply with such order of the Warden
as aforesaid if he prove to the satisfaction of any Court
before which the proceedings are taken that the shaft in
respect of which the order was given was at the time of
such order required for further use.

(ii) The Resident may, at his discretion, by order in writing
signed by him, exempt the occupier of any particular mining land
from all or any of the obligations imposed by sub-section (i).

81. Such occupier shall at all times, when necessary, securely shafts, etc.,
timber and support all shafts, adits, levels, galleries, and under-
ground passages in such a manner as to ensure the safety of all
persons working in or passing through the same.

to be timbered
aud supported.

82. Such occupier shall provide and maintain, to the satisfaction Ladderways.
of the Warden, such ladder or other waj^s as will furnish effectual

means of exit from any underground working or of ascent and
descent of persons without the assistance of winding machinery.

83. All parts of every underground working shall be properly ventilation.
and sufficiently ventilated to the satisfaction of the Warden or

an Inspector.

84. Save as is provided by this Enactment, no person shall work Srdrauiic
any land by ground sluicing or by any method of removing or hibuedirve
excavating earth by the direct action of water. as herein

provided.

85. (i) It shall be lawful for the Warden to grant to any person License for
a license, for a period not exceeding twelve months and subject ^j^^nli'.''^
to such conditions as shall be therein stated, to work mining land

by any of such means as are in the last preceding section mentioned.

II— 11

No. 12 OF 191L

Place for
deposit of waste
matter to be
specified iu
license.

Warden may
cancel or
suspend license.

Suspension of

dredsins

operations.

Removal of
dredijing-
machinefrom
one mining
block to
another.

E. 11 of 1917.

(ii) It shall also be lawful for the Warden, with tlie Sahctioil
of the Resident, to grant to any person a similar license for such
period as may be therein stated.

86. Every such license shall sj)ecify the land upon which waste
matter from such workings may be deposited, and the applicant
may be required to lodge in the Treasury a sum of money sufficient
to defray the cost of removing such waste matter and compensating
the owner of the land on which the same has been deposited, but
such deposit shall not be deemed to be in full discharge of the
liability of the applicant.

87. The Warden shall have power to cancel or to suspend for
such period as he may think fit the operation of any license issued
under the provisions of the two last preceding sections upon proof
that the licensee shall have failed to observe or comply with any
of the conditions thereof, or upon proof that he is carrying on
mining operations in such a manner as to injure or be likely to
injure the property of the State or to impair or be likely to impair
the lawful rights, privileges, or possessions of any other person.

88. (i) The Warden shall have power in cases of emergency to
suspend for such period as he may think fit any operations for the
removal of alluvial deposits from beneath water by mechanical
means or by suction dredges.

(ii) All dredging operations shall be conducted in conformity with
rules made under this Enactment.

88a. (i) Where the occupier of two or more blocks of mining land
which are not contiguous has been carrying on mining operations on
one of such blocks by means of a dredging -machine and shall prove
to the satisfaction of the Resident that for the economical working of
another of such blocks it is necessary that the dredging -machine be
removed to such other block along a passage to be excavated by the
dredging -machine through the intervening lands, it shall be lawful
for the Resident to grant to such occupier a license, subject to such
conditions as may be specified therein, to remove the dredging -machine
through the said layids, and thereupon it shall be lawful for such occupier
to enter upon the said lands and to do all such things as may be
necessary to enable the dredging -machine to be removed accordingly.

(ii) Every license granted under this section shall be subject to
the implied condition that the licensee shall not carry on mining opera-
tions upon, nor remove any metal or mineral from, any land to which
the license applies.

(iii) Any person desiring to make any claim for compensation in
respect of any loss or damage which may Jiave been sustained by him
by reason of anything done or omitted to be done by a licensee acting
in pursuance of a license granted under this section shall submit
particulars of such claim in writing to the Resident not later than
six months after such loss or damage shall have been sustained, and
the Resident, after such enquiry as he may think ft, may disallow
such claim or may make an order directing the licensee to pay to the
claimant by way of compensation such sum of money as may be specified
in the order and it shall be the duty of the licensee to pay such sum of
money accordingly.

MINING. 163

(iv) The Resident shall have power to cancel or to suspend for such
period as he may think fit the operation of any license granted under
this section upon proof tJmt the licensee has failed to observe or comply
with any of the conditions thereof.

PART VI.

DUTIES AND POWERS OF OFFICERS IN CHARGE OF

MINES.

89. (i) The Chief Secretary may from time to time api^oint, by Appoiutmeat,
notification in the Gazette, the following officers to carry out the dX^of"'^
provisions of this Enactment— namely, a Senior Warden of Mines, ^^^^ ^^^
Wardens of Mines, Assistant Wardens of Mines, Inspectors of Mines, overseers^
Overseers, Assistant Overseers of Mines, and such other officers as

he may consider necessary for carrying out the purposes of this
Enactment.

(ii) The duties and powers of the said officers shall be those
assigned to them respectively by this Enactment and by any rules
made thereunder and all officers appointed under this section
shall be deemed to be public servants mthin the meaning of the
Penal Code.

(iii) The Senior Warden may exercise all powers vested by this
or any other Enactment in a Warden.

(iv) An Assistant Warden may exercise the powers and perform
the duties assigned by this or any other Enactment to a Warden.

Warden of JVIines.

90. (i) Every officer duly appointed to exercise the powers of warden to have
Warden shall be vested by virtue of such appointment with the w^Strateof
powers of a Magistrate of the First Class for the purpose of com- of'^^p^^^r!"^
pelling the attendance of witnesses, of maintaining order in his

Court, and otherwise of carrying into effect the provisions of this
Enactment.

(ii) Any powers given to an Inspector under this Enactment
may be exercised by a Warden.

91. * * * * ♦ E. 11 of 1916.

92. A Warden of Mines may enquire into and decide all disputes warden may
between occupiers of mining lands, either amongst themselves or bltween^^"*^
in relation to themselves and third parties, concerning any of the ^Pjf^°^
matters hereinafter mentioned, and shall have power to make any

order which may be necessary for the purpose of giving effect to

his decision and to order the payment by any party to the dispute

of such compensation, not exceeding five hundred dollars, to any

other party as may be reasonable. Such matters are as follows :

(a) Concerning the claim of any person to be entitled to erect,

cut, construct, or use, any pump, line of pipes, flume,

race, drain, dam, or reservoir for mining purposes, or

to have any priority of water taken, diverted, used, or

deUveredj as against any other person claiming the same ;

164 No. 12 OF 1911.

(b) Concerning disputed boundaries : provided that the pro-

visions of Section 67 of "The Land Enactment, 1911,"
shall not be affected ;

fully omitted, or alleged to have been committed or
omitted, in the course of mining operations, by any person
against any other person ;
{(l) Concerning acts, omissions, or matters in the course of,
connected with, or auxiliary to mining oj)erations, re-
quiring explanations which may have come to his know-
ledge.

j.ges 93. There shall be charged by a Warden fees in respect only of

processes issued by him, and the rate of such fees shall be such as
may from time to time be approved for the Court.

Procedure. 94. The modc of procedure in any complaint shall be as

follows :

(i) The person complaining shall lodge a memorandum in
writing at the office of the Warden, specifying shortly the subject-
matter of the complaint and the remedy sought to be obtained, or
he may make his complaint in person, at any time or place, to the
Warden, who shall forthwith reduce it to writing ; and upon receipt
of such memorandum or oral complaint the Warden shall, if he thinks
the complaint is based on good grounds, issue a summons to the
party against whose conduct such complaint is made, stating the
nature of the complaint and the time and place at which the same
will be enquired into, and he shall also notify and call all persons
whose interests may, in his opinion, be affected by such enquiry.

(ii) At the time and place appointed the parties shall attend and
state their case before the Warden, and may call evidence, and
the Warden, having heard such statements and evidence and, if
necessary, made an examination of the place in question, shall give
his decision.

(iii) If any party interested shall have been duly summoned by
the Warden to attend such enquiry and shall have made default in
so doing, it shall be lawful for the Warden to hear and decide such
complaint in the absence of such party, notwithstanding that the
interests of such party may be prejudicially affected by such
decision.

(iv) If at the time of receiving any such complaint as is
mentioned in this section it ai)pears to the Warden that all the
parties interested, together with their witnesses, if any, can, without
prejudice to the interests of any persons concerned, be forthwith
assembled, and that the time and place are suitable for the holding
of such enquiry, and that the interests of justice and of the persons
so interested as aforesaid will best be served by holding an immediate
enquiry, it shall be lawful for the Warden to forthwith cause all
such persons to be assembled, and thereuj)on to proceed to hold
his enquiry and to adjourn the same, at any stage of the proceed-
ings, to such other time and i)lace as he may appoint, or to give
his decision or order thereon, or to reserve the same for further
conaideration, as to him may yeem just.

MINING.

165

(v) The Warden shall be entitled to appoint one or more assessors,
to be nominated by him, to assist him in such enquiry.

(vi) Every person not being a Government officer summoned to
serve as an assessor and taking part as assessor in any such enquiry
held with the aid of assessors shall be entitled to receive from the
public funds such remuneration as the Chief Secretary to Govern-
ment may from time to time fix by notification in the Gazette.

(vii) Any person summoned to attend as an assessor who without
lawful excuse fails to attend as required by the summons or having
attended departs without having obtained the permission of the
Warden or fails to attend after an adjournment of the enquiry after
having been made aware that his attendance will be required shall
be liable upon order made by the Warden to a fine not exceeding
fifty dollars.

(viii) When any person is so fined in his absence the Warden
shall forthAvith send him a written notice of the fact requiring him
to pay the fine or to shew cause before the Warden within seven
days for not paying the same.

(ix) Any such fine may be enforced in manner provided by the
Criminal Procedure Code, 1902, or any enacted modification thereof
for the recovery of fines,

95. No Advocate or Solicitor shall be allowed to practise or solicitor not
appear for any person in a Warden's Court. allowed.

96. A Warden may, at any time before he has delivered judgment, when warden
order any case pending in his Court to be transferred to the Court, may transfer

•^ -^ ^ case.

97. The Court may, at any time before the Warden has delivered when warden
judgment, order any case pending in a Warden's Court to be cas" *'^'*°*^^'^
transferred to the Court.

98. It shall be lawful for any Civil Court other than the Court rower to civii
of a Judicial Commissioner, before which there may at any time f'o""'tsto

' J J transfer cases

be pendmg a suit in which there arises any issue relating to mining to warden.
operations or mining land, to transfer such issue to a Warden's
Court for trial, and the Warden shall thereupon try and determine
such issue, and his decision may be enforced in the same manner,
and shall be subject to the like appeal, as if the questions in dispute
had come before him under Section 92.

99. It shall be lawful for a Warden to enquire into and decide ward
any matter coming before him under this Enactment either in any
Court-house in the district or in any other place in which the
Warden may think fit to enquire into and decide the same, and
any proceedings before a Warden may be conducted in any language
which the W^arden mav allow.

en may
Bit anywhere
and conduct
business in any
language.

100. (i) A Warden shall keep a record of all cases heard and
complaints decided by him and shall take notes in Avriting of all
evidence given before him.

(ii) Any person interested in any dispute, decision, or order shall
be at liberty to obtain a copy of such record and notes upon
payment of the prescribed fee.

Warden to keep
record and take
notes.

166

No. 12 OF 1911.

Enforcement
of Warden's
decrees.

Appeal to Court
from decisions
of Warden.

E. lloflOlG.

101. (i) A Warden may send a copy, certified under his hand
and seal, of any decree or order made by him to any Civil Court
within the local limits of whose jurisdiction the subject-matter of
the decree is situated, and such Civil Court shall enforce the decree
of th? Warden in the same manner in which it would enforce its
own decree or order.

(ii) The same fees only shall be payable upon the enforcement of
such decree or order as would be payable upon the enforcement
of a like decree or order made by the said Civil Court.

102. (i) Any person aggrieved by any decree, order, or decision
made or given under the powers vested in a Warden by Sections
34 (ii), 61, 68, 79 (c), 87, or 92, or hy any finding or sentence arrived at
or imposed under the poivers vested in a Warden by Section 132 may
appeal to the Court : provided that there shall be no appeal to
the Court from any such decree, order, or decision in so far as the
same may relate to the distribution or utilization of water in cases
where no rights in respect of such water are vested by license or
other written authority in the person aggrieved ; and provided
further that there shall be no appeal to the Court from any order
or decision under Section 79 (c) unless the same be made or given
on the ground of breach of the conditions of the license or that
further work under the license cannot be carried on efficiently.

(ii) No appeal to the Court shall be admitted after the expiration
of thirty days from the date of the decree, order, or decision appealed
against.

103. When an appeal from any such decree, order, or decision
is heard by the Court, the Warden whose decree, order, or decision
is appealed against shall be deemed to be a party to such appeal
and shall be served with notice to attend the hearing in all resj)ects
as if he were a person interested in the disjjute.

104. A Warden shall have power to issue a notice requiring any
owner or occupier of mining land, or any person employed on or
about such land, to appear before him at any reasonable time and
place, and to require such owner, occupier, or other person to give
such information as he may be possessed of, and every such owner,
occupier, or other person shall be legally bound to comply with such
notice.

105. (i) A Warden may by written notice require owners or
occupiers of mining land or persons having the nianagement thereof
to keep plans of their workings and to furnish to him accurate
copies of any plans so made or copies of any plans of their workings
which may be in their possession.

(ii) Owners or occupiers of mining land or persons having the
management thereof shall furnish returns containing information
as to their mining operations of such description and at such times
as the Resident may either generally or in particular cases ajiprove.

In certain cases 106. If at any time the Warden shall consider that mining
Warden may operations are being carried on upon any land in contravention

stop minmg J . rci-i/^i • / \ • i

operations. of the requirements of Section 16 sub-section (v) or in such a manner

Warden to be
a party to
appeal from his
decision.

Warden may
require owner
of minin;; land
to give informa-
tion.

Warden may
call for plans
and returns.

MINING. 167

as to cause danger to life or property, it shall be lawful for him to
issue an order to stop work upon such land, either in whole or in
part, until such arrangements shall have been made as are, in his
opinion, necessary either to secure compliance with such require-
ments or to avert such danger.

107. It shall be incumbent on the Warden to direct and control, Duty of warden
in accordance with the provisions of this Enactment, all mines on mining." '^° °
lands alienated for mining purposes.

108. A Warden may issue to any person a pass in the form and
subject to the conditions of Schedule R to wash ore by the method
known as " dulang washing."

109. (i) A Warden may vary or cancel any order made under orders may be
this Enactment by any officer subordinate to him. JanceUed.

(ii) Any order or decision made or given by a Warden under this
Enactment in respect of which no appeal is otherAvise expressly
provided may be varied or cancelled by the Resident.

Inspector of Mines.

110. The duties of an Inspector shall be as follows :

(i) To make entries day by day in a journal of all acts done by inspector's
him and of all orders made by him in pursuance of the duties '^"*'^'
imposed upon him and the powers entrusted to him by the pro-
visions of this Enactment, and to periodically submit such journal
for the inspection of the Warden ;

(ii) To call for and inspect, whenever he may deem necessary
any document of title to mining land or license in respect of mining,
land or water ;

(iii) To satisfy himself by personal examination that all the
conditions of such documents of title and licenses are being faith-
fully observed ;

(iv) Whenever he shall have reason to believe that any person is
unlawfully carrying on, or is doing any act with a view to unlaM-fully
carrying on, mining operations upon or under any State or reserved
land or any land alienated for agricultural purposes, to forthwith
visit and inspect such land, and to make such enquiry into the
matter as may be necessary ;

If after such enquiry it appears to him that any person is so
unlawfully acting as aforesaid, to call in the assistance of the police,
if necessary, and to take proceedings against such person ;

(v) To satisfy himself, by personal inspection at frequent and
regular intervals, that the requirements of this Enactment are
consistently observed, and to report to the Warden any matter
in respect of which he may be of opinion that any enquiry or order
is necessary ;

(vi) To take measures to ensure the use of proper precautions
in all mining operations for the prevention of danger, damage, or
inconvenience to life or property ;

168

No. 12 OF 1911.

Inspector's
powers.

Power of
Inspector
where works
are (lanf;erous
to life or
property'.

(vii) To make such orders as he may consider necessary in cases
of dispute between occupiers of mining land in respect of their
occupation or use of such land.

111. The powers of an Inspector shall be as follows :

(i) To give all such lawful orders as may be necessary to enable
him to effectually perform the duties imposed upon him by the
last preceding section, and to exercise such powers as are vested in
him by the provisions of this Enactment, and every such order
shall be given in writing if so required by any person affected
thereby ;

(ii) To arrest without warrant and take before the Warden or a
Magistrate any person whom he may find committing an offence
against the provisions of this Enactment.

112. In any case in Avhich it appears to an Inspector that the
condition of a mine or of any mining land, or of any of the lands or
works or appliances appurtenant to or auxiliary to such mine or
land, is such as to be likely to be a source of danger to life or
property, the Inspector shall have power to give any order which
he may deem advisable or necessary for the purpose of averting the
same ; and if the danger to life or property is, in the opinion of
the Inspector, serious and immediate, he may enforce or execute
such order in a summary manner at the expense of the occupier of
such mine or land.

Overseers and Assistant Overseers of Mines.

Overseers. 113. (i) The duties of Overseers and Assistant Overseers of

Mines shall be to assist the Inspector of Mines, to whom they are
subordinate.

(ii) Overseers and Assistant Overseers of Mines shall, so far as
is necessary for the purpose of carrying out their said duties, have
the powers of a police constable.

Fine and
forfeiture for
occupying land
or mininK
thereon without
authority.

E. llofiyiG.

Pen.-tlties for
disobedience
to certain
notices.

PART VII.
TRESPASSES AND PENALTIES.

114. Any jjcrson found to be occupying or carrying on mining
operations upon any land, or doing any act with the view to
occupying or carrying on mining operations upon the same, without
having received lawful authority to occujn/ the same or to carry on
such mining ojierations thereon under any of the provisicms of this
Enactment, or in breach of any of the conditions thereof, shall be
liable, on conviction, to a fine not exceeding one thousand dollars,
and all machinery, tools, plant, buildings, or other ])roperty, together
with any ore or other product which may be found upon, or proved
to have been obtained from, the land so unlawfully occupied, shall
be liable to forfeiture.

115. (i) Any person who shall wilfully neglect to comply with
the re(juirements of any notice duly serve<l upon him undtT Sections
9, 10, 12, 25, 27 (i), 59, G9, 104, or 105 shall be liable, on conviction,

MINING. 169

to a fine not exceeding one hundred dollars, and any person who,
after the service upon him of a second notice to the same effect,
shall neglect to comply with the same shall be liable, on conviction,
to a fine not exceeding two dollars a day for every day during
which such neglect shall continue.

(ii) Any person neglecting to produce any metals or minerals in
accordance with a notice published under Section 127 (ii), and
every person selling or buying or otherwise disposing of or dealing
in the same, before they have been so produced, shall be liable, on
conviction, to a fine not exceeding two hundred and fifty dollars.

116. (i) Any person Avho shall make default in observing any Penalties for
of the covenants and conditions of his document of title to any condMoifs of
mining land as prescribed by this Enactment shall be liable, on *i*^s-
conviction, to a fine not exceeding two hundred and fifty dollars,

and where such offence is a continuing one, he shall be additionally
liable, on conviction, to a fine not exceeding five dollars for every
day during which such offence shall be continued.

(ii) Any person who shall, without permission in writing from
the Collector, erect or permit to be erected uj^on mining land any
house or other building except for such purposes as are mentioned
in Section 15 (ii) shall be liable, on conviction, to a fine not exceed-
ing two hundred and fifty dollars, and the Collector may cause
such house or other building to be destroyed.

117. Any holder of an individual mining license who shall make Fine for breach

J J ij. • T_ • £ J.I. tj.' £ 1, !• of conditions of

default in observing any oi the conditions ot such license as mining license.
prescribed by Section 42 shall be liable, on conviction, to a fine
not exceeding fifty dollars.

118. Any holder of a license under Part III who shall make Fine for breach
default in observing any of the conditions of such license shall be pros°pecting^ °
liable, on conviction, to a fine not exceeding one hundred dollars, ^i'^en^e.

119. Any person who shall contravene the provisions of Sections Penalty for
56, 60, or 68 (i) or who shall fail to obey any order given under sTCtio!fs',°(fr
Sections 55, 63, or 68 (iii), shall be liable, on conviction, to a fine order under
not exceeding five hundred dollars, and additionally, on conviction,

to a fine not exceeding ten dollars a day for every day during which
such contravention or disobedience shall continue.

120. Any person who shall fail to comply with any direction, con- e. iiofigie.
dition, or restriction imposed on him wider Section 68b, or to obey any Penalty for
order given under Section 77, or shall commit a breach of any of the order ot"*"
provisions of Part V shall be liable, on conviction, to a fine not provSonlof
exceeding ten dollars a day for every day during which such dis- Part v.
obedience or breach shall continue.

121. In the event of any person emploj^ed in or about a mine Penalty for
doing any act in such an unskilful or unw orkmanlike manner as to conduct.
be likely to cause danger or damage to anj^ person on or about such

mine or failing to take all such due and proper precautions as may be

necessary to ensure the safety of any person on or about such mine,

such person shall be liable, on conviction, * * to a penalty not ex- k- h "' laic.

ceeding two hundred and fifty dollars or one month's rigorous

imprisonment.

170

No. 12 OF 1911.

other penalties
for disobedience
of Warden's
or Inspector's
order.

Penalty for
offence dan-
gerous to life
or safety.

E. 11 of 1916.

Penalty for
breach of
rules.

122. Any person who shall fail to obey any lawful order made by
a Warden or an Inspector, shall, in cases where no penalty is
specifically provided, be liable, on conviction, to a fine not exceeding
two hundred and fifty dollars, and in cases where such default may
be continuing, to an additional fine not exceeding five dollars for
every day during which such default may continue.

123. Where a person who is an owner or occupier of mining land
or any manager of or person employed in or about a mine commits
a breach of any of the pro\dsions of this Enactment which in the
opinion of any Court * * * before which the proceedings are taken was
reasonably calculated to endanger the safety of persons employed
in or about the mine, or to cause serious personal injury to any of
such persons, or to cause a dangerous accident, and was caused as
the result of personal default or personal negligence of the person
accused, such person shall be liable, on conviction, to a fine not
exceeding one thousand dollars or to imprisonment of either
description for a period not exceeding three months.

124. Any person offending against the provisions of any rule made
under this Enactment shall, in cases where such offence is of a
continuing nature, be liable, in addition to any fine prescribed under
Section 125, to a further fine not exceeding two dollars for every day
during which such offence may continue.

Power to
make rules.

E.llof 191C.

PART VIII.

GENERAL.

125. The Resident may, with the apjjroval of the Chief Secretary,
from time to time make rules for fully and effectually carrying out
and giving effect to the various purposes, provisions, and powers in
this Enactment contained, and such rules Avhen published in the
Gazette shall have the force of law.

Such rules may provide for —

(i) the fixing of premia, rents, and fees under this Enactment ;

(ii) the service of notices issued under the provisions of this
Enactment or of any rules made thereunder ;

(iii) adding to and varying the rules prescribed by Schedule F ;

(iv) prescribing the procedure to be taken under Sections 35,
37, or any other sections ;

(v) prescribing the powers and duties of officers appointed
under the provisions of this Enactment ;

(vi) altering, adding to, or rescinding any of the forms contained
in the schedules ;

(vii) the regulation of mining operations, whether alluvial,
hydraulic, lode, or otherwise, and the adoption in or about
mines of any precautions necessary or desirable for the
prevention of accidents and protection of human life ;

(viiA) the rcgvlation of the construction, maintenance and use of
lines of pipes for the conveyance of mineral oil ;

MINING. 171

(viiB) the regulation, whether by licenses or otherwise, of refineries

and works for the extraction of oil from oil shales, and the

conduct of the operations thereof ;
(viii) the prohibition of the employment of specified classes of

persons in underground workings ;
(ix) the publication, enforcement, amendment, or cancellation

of such codes of rules as may from time to time be made

under the provisions of Section 72 ;
(x) the furnishing by owners or managers of mines of statistical

returns and the keeping and production by them of books

and plans ;
(xi) prescribing the fine with which the contravention of any

rule made under this Enactment shall be punishable,

but so that such fine shall not exceed one thousand dollars ;

(xii) any other matters, whether similar or not to those above
mentioned, as to which rules may be necessary or desirable
for enforcing the provisions or purposes of this Enact-
ment.

126. All minerals or metals won within any State shall be liable Royalty,
to such royalty as the Resident of that State, with the approval of

the Chief Secretary, may from time to time fix by notification in
the Gazette.

127. (i) In any case in which the Resident may think it advisable, commutation
it shall be laA\-ful for him, with the approval of the Chief Secretary, to °^''°y*''^y-
commute for a fixed annual payment (hereinafter called a " commu-
tation fee ") in respect of every miner employed, any royalty upon

metals or minerals.

(ii) Where such commutation fee is imposed, it shall be lawful
for the Resident to require, by notice published in the Gazette, that
all metals or minerals won by those on whom the commutation
fee is imposed shall be produced before the Warden, or such other
officer as may be duly authorized in that behalf, and shall not be sold
or otherwise disposed of until they have been so produced.

128. All lands alienated otherwise than for mining purposes before Resumption
or after the commencement of this Enactment shall be liable to be I'and.*'"^'^^'^
resumed for mining purposes by the Ruler of the State in Council

upon payment to the grantee or other person entitled thereto of
compensation for such interest in the land as is conveyed by his compensation.
title and for the improvements, if any, thereon ; such value, in case
of disagreement, to be assessed in the manner provided by Part VII
of " The Land Enactment, 1911."

129. No title, license, or other authority issued under the pro- Miner's
visions of this Enactment shall exempt any person from liability damage. ^""^
in respect of axiy damage occasioned by such person to the proj^erty

of the Government or of any person.

130. Except with the sanction of the Ruler of the State in Council, to be issued
or under the express provisions of any Enactment, no mining title "i^cumstaM'^
shall be issued for land in respect of which any title, other than a without
mining title, has been issued and is in force. ^ ,. ,' ,a

o ' E. 10 of 191S.

172

No. 12 OF 1911.

Employer
responsible
for miners
and workmen.

Exception.

Trial of
offences.

Eewards to
informers.

131. Whenever it is proved to the satisfaction of any Court having
j urisdiction that a breach of any of the provisions of this Enactment,
or of any rules published thereunder, has been committed by any
miner or workman employed on the land in respect of which such
breach has been committed, the employer of such miner or workman ,
shall be held to be liable for such breach, and to the penalty provided
therefor, unless he shall prove to the satisfaction of such Court
that the same was committed without his knowledge or consent and
that he had taken all reasonable means to prevent the same and to
enforce the observance of such provisions.

Provided that nothing contained in this section shall be deemed to
exempt such miner or workman from liability in respect of any
penalty provided by this Enactment for any breach proved to have
been committed by him.

132. All offences punishable under Sections 115, 116, 117, 118,
119, 121, 122, or 124, and offences against the provisions of any rule
under this Enactment punishable with fine not amounting to one
thousand dollars shall be triable by the Warden or a Magistrate of
the First or Second Class, and all offences punishable under Sections
114, 120, 123, or 125, and offences against the provisions of any rule
punishable Avith fine which may amount to one thousand dollars
shall be triable by the Warden or a Magistrate of the First Class.

133. It shall be lawful for any Court before whom a conviction
may be had under this Enactment to direct that any sum not
exceeding one half of any fine recovered upon such conviction shall
be paid to any person upon whose information or evidence such
conviction was obtained.

PART IX.

PROTECTION OF OFFICERS.

Provision as 134. (i) No actiou shall be brought against any person for any-

to actions. thing doiic or bond fide intended to be done, in the exercise or

supposed exercise of the powers given by this Enactment, or by

any rules made thereunder —

(a) without giving to such person one month's previous notice

in writing of the intended action, and of the cause thereof ;

(b) after the expiration of three months from the date of the

accrual of the cause of action ;

(ii) In every action so brought it shall be expressly alleged that
the defendant acted cither maliciously or negligently and without
reasonable or probable cause;, and if, at the trial, the plaintiff shall
fail to prove such allegation judgment shall bo given for the de-
fendant.

(iii) Thotigli jtidgnicnt shall be given for the j)laintiff in any such
action, such ])laintiff shall not have costs against the defendant
unless the Magistrate before whom the action is tried shall certify
his approbation of the action.

MINING.

173

PART X.
ANCESTRAL MINING LAND.

135. '■ Ancestral mining land " shall mean such ascertained areas Meaning of
of mining land as have been sj^eciall}' granted in Perak by the State ^^in^iand."
prior to the commencement of the " Mining Enactment, 1899,"

to persons ^^■ho have established an ancestral claim thereto and are
still held by such persons or members of their families in pursuance
of such grant.

136. No quit-rent shall be payable in respect of any ancestral iientfree.
mining land.

137. The right of a holder of ancestral mining land shall be Limited ritrhts.
limited to the working of alluvial tin only.

138. Such land shall be subject in all respects to the provisions Special pro-
of this Enactment with the following exceptions : visions.

(a) No person shall be registered as the holder of such land

unless he be a member of the family of the original grantee ;
provided that a person registered as sub-lessee of such
land shall not for the purposes of this sub-section be
deemed to be thereby registered as the holder thereof ;

(b) No such land shall be sub-leased for any period exceeding

ten years from the date of the sub-lease or the term of
the natural life of the sub-lessor ;

exercised for a period of two consecutive years.

Schedule A.

Section 2 (i).
ENACTMENTS REPEALED.

State.

Number.

Short title.

Extent of
repeal.

Perak

17 of 1904

The Mining Enactment, 1904

The whole

Selangor . .

19 of 1904

Do.

N. Sembilan

17 of 1904

Do.

Pahang

11 of 1904

Do.

5 5

Perak

2 of 1909

The Mining Enactment, 1904,
Amendment Enactment,
1909

Selangor . .

2 of 1909

Do.

N. Sembilan

2 of 1909

Do.

Pahang

4 of 1909

Do.

Perak

12 of 1909

The Mining Enactment, 1904,
Amendment Enactment,
1909 (No. 2)

Selangor . .

15 of 1909

Do.

N. Sembilan

15 of 1909

Do.

Pahang

15 of 1909

Do.

174 No. 12 OF 1911.

Schedule B.

Section 5

District of

APPLICATION FOR MINING LAND.

No of 19..

Received by me this day of 19. .

Collector.

Address

Date

Sir, — I have the honour to apply that I may be granted a lease

under " The Mining Enactment, 1911," for acres of State land

as described below, which I desire to work for [state the metal

or mineral for which it is proposed to work and the proposed method
of working].

2. I herewith deposit the sum of $ to cover the prescribed

fees.

3. The land can be pointed out by , who lives at

4. My address, to which any communication concerning this
application may be sent to me by post, is

I am, Sir,

Your obedient servant,

(Signature)

The Collector at

DESCRIPTION OF THE LAND APPLIED FOB.

Muklm

Locality

Distance from nearest town, village, or milestone (stating direction)

Area (in acres)

Position of the land (see instructions overleaf)

INSTRUCTIONS FOR DEFINING THE POSITION OF THE
LAND APPLIED FOR.

(To be printed on the back of the Application Form.)

1. If the land applied for adjoins or is close to land already
alienated, a sketch shewing it in its approximate position with
respect to such alienated land must be given on the blank sj)ace
hereunder and the lot number and plan number of such alienated
land must be quoted.

MINING.

175

'2. If the land aiDplied for is not close to any alienated land,
its approximate distance from the nearest alienated land, with the
direction, should be stated and a sketch must be given on the blank
space hereunder shewing its approximate position Avith respect to
some known point, together with all intervening features such as
streams or paths.

3. When possible, the exact boundaries of the land applied for
should be stated, giving an initial point and stating the bearing and
length of each boundary in turn back to such point.

Schedule C.

Section 8 (i).

MINING CERTIFICATE.

This is to certify that permission has this day been granted to

of to occupy the land hereinafter described, and to

work the same for , subject to the provisions of "The e. iiofioic.

Mining Enactment, 1911," and to the employment thereon of not

less than coolies and pending the issue of a lease under the

said Enactment.

No claim shall be maintainable in respect of the subsequent
alienation of any portion of the land included in this certificate unless
all landmarks by which the boundaries of the said land are defined
be duly maintained and all boundary lines be kept open.

DESCRIPTION OF THE LAND.

Mukim

Locality

Position

Approximate area acres.

Dated at this day of 19 . .

Application No

Certificate No

Collector.
Schedule D.

Section 9 (i).

LEASE FOR MINING LAND.

District of

This lease is issued by the Resident of on behalf of His

Highness to and those claiming under him, to

176 No. 12 OF 1911.

occupy for the term of years from the date hereof that

portion of land in the mukim of estimated to contain

acres, as shewn on the annexed plan, and bounded as

follows, that is to say :

Subject to the payment therefor of the annual rent of dollars

cents, and to the employment thereon of not less than

coolies, and to the provisions and conditions set out in " The Mining
Enactment, 1911."

In witness whereof the said Resi-
dent has hereunto set his hand and
caused the public seal of the State to

be affixed at this day j

of 19. . , in the presence of, J

Signed by the said this .... 1

day of 19. . , in the presence >■

of J

Registered at the Land Office, this. .... .day of 19.

No. of former title

Collector.

Schedule E.

Form (i).
Section 9 (i).

NOTICE TO SIGN LEASE.

To of

Take notice that you are hereby commanded and required to
attend either personally or by your duly ajipointed agent at the

Land Office at within three months from the date of the service

of this notice and there to sign Mining Lease No , which has

been prepared in pursuance of your Application No In

default of your so attending you will be liable to the penalties pro-
vided by Section 115 of " The Mining Enactment, 1911," and your
application and mining certificate will be liable to cancellation.

Dated at the Land Office at this day of 19. .

Collector.

MINING. 177

Form (ii).
Section 10.

NOTICE TO TAKE OUT LEASE.

To of

Take notice that you are hereby commanded and required to
attend either personally or by your duly appointed agent at the Land

Office at within three months from the date of the service of

this notice, and to pay the sum of S due by j'ou on account of

and to surrender your Mining Certificate No , and

accept Mining Lease No which has been prepared in pursuance

of your Application No In default of your so attending you

will be liable to the penalties provided by Section 115 of "The
Mining Enactment, 1911," and your application and mining
certificate Avill be liable to cancellation, and the said lease will be
returned to the Resident for cancellation.

Dated at the Land Office at this day of 19. .

Collector.

[Note. — The words as to the surrender of the mining certificate to be
deleted if not required.]

Schedule F.

Section IG (iii) (6).

RULES FOR DETERMINING HORSE-POWER OF
LABOUR-SAVING APPARATUS.

STEAM ENGINES.

(1) The horse-power of steam engines is to be ascertained in the
following manner :

When D = diameter of cylinder in inches ;

P = working pressure of boiler in lbs. per square inch ;

HP = horse-power.

Then for non-condensing cylinder engines :

HP = D' X A^P
3(5

(2) For condensing single cylinder engines :

For two or more cylinders of the same diameter working on
the one shaft multiply the horse-power obtained from the
single cylinder by the number of cylinders.

(3) For double or triple compound engines, condensing or non-
condensing, multiply the horse-power obtained by the applied rule,
usingthe high pressure cylinder diameter, by the number of cylinders.

11—12

178

No. 12 OF 1911.

In the case of a steam turbine or of an engine to which the above
rules do not apply, the actual horse-power transmitted through the
shaft will be taken as the horse-power.

FOR PISTONLESS PUMPS.

(4) When pulsating pistonless pumps of the Pulsometer, Aqua
Thruster, Sirius, or other allied types are employed their horse-
power shall be ascertained from the following table :

Makers'

Pulsometer

Numbers.

Size of
Discharge

Pipe
in inches.

Horse-
power.

Remarks.

2
3
4

3
4

In cases where the discharge
pipes vary from figures herein
quoted, the pulsometer whose
overall dimensions are in

5
6

31
4

5
6

nearest agreement with the
apparatus under estimation
shall be taken and the power

10
13

standing against the said
pulsometer number shall be

9
10

18
24

accepted

111

FOR SINGLE CYLINDER GAS, PETROL, OR OIL ENGINES OPERATING ON
THE OTTO CYCLE OR CONSTANT VOLUME SYSTEM.

(5) When :

S = piston speed in feet per minute -^ 2 ;

A = area of piston in square inches ;

P = mean pressure = 70 lbs. per square inch ;

H = horse-power minute = 33,000 ;

IHP = indicated horse-power.

The indicated horse-power is to be found by the following
formula :

IHP =

~ H

FOR MULTI CYLrNDER GAS, PETROL, OR OIL ENGINES OPERATING ON

SAME CYCLE.

(0) The result as found above is to be multiplied by the number
of cylinders, and when the number of cylinders does not exceed four
the product is to be multiplied by 0"9 when it does not exceed six by
0'85 and not exceeding eight by 0"8.

MINING. 179

FOR TWO-STROKE SINGLE CYLINDER GAS, PETROL, OR OIL ENGINES
ON THE CONSTANT VOLUME SYSTEM.

(7) When:

E = number of explosions per minute ;

A = area of piston in square inches ;

L = stroke in feet ;

P = mean pressure in lbs. per square inch = 70 lbs.

The indicated horse-power is to be found by the following
formula :

LEAP

IHP =

33,000

FOR MULTI CYLINDER TWO-STROKE OR GAS ENGINES ON SAME SYSTEM.

(8) The same proceeding is to be followed as for multi-cylinder
engines working on the Otto cycle.

FOR OIL ENGINES WORKING ON THE DIESEL OR CONSTANT PRESSURE

SYSTEM.

(9) In the absence of indicator diagrams taken by an Inspector of
Boilers, the horse-power shall be reckoned in the same manner as set
forth in clause 4 above with the exception that the mean pressure
shall be taken as 95 lbs. per square inch.

FOR ELECTRIC GENERATORS.

(10) Electric generators shall be rated at one horse-power for every
746 watts of output, as measured by standardized instruments.

HYDRAULIC PLANT.

(11) The horse-power of all hydraulic plant shall be calculated as
follows :

Q = quantity of water used in cubic feet per minute ;

H = effective head ;

C = constant = 700 ;

HP = %^

This does not apply to water used for sluicing in open channels.

(12) If any special case should arise to which the abov^e formulae
would not apply, it shall be subject to an order by the Senior Warden,
and methods of calculating the discharge of nozzles shall be
settled bv that officer.

180 No. 12 OF 1911.

Schedule G.

Section 16 (viii).

NOTICE AS TO ADDRESS, ETC.

Name and address of lessee or license holder

Name and address of occupier

Name and address of advancer

Nature and number of title under which the land is held

Lot No

Area

Schedule H.

Section 21 (i).

NOTICE TO LESSEE TO SHEW CAUSE WHY
LEASE SHOULD NOT BE FORFEITED.

Whereas there is reason to believe that ^ in consequence

whereof your Lease No : dated the day of 19. . ,

comprising the land following — namely :

Situation -

Area

Boundaries has become liable to forfeiture ; now, with the

approval of the Resident, I hereby call upon you, within

months from the service on you of this notice, to shew cause to the
satisfaction of the Resident why the said lease should not be forfeited.

Dated this day of 19 . .

Collector.

1 Hero state tlic act or omission by which the forfeiture is alleged to have
been incurred.

'^ Fill in particulars of land.

Schedule I.

Section 27.

NOTICE TO EFFECT EXCHANGE OF TITLE.

To of

Take notice that whereas pursuant to ^ a mining lease has

been prepared for issue in substitution for registered in your

name, you are hereby required to attend either personally or by
your duly appointed agent at the Land Office at within three

1 State whether application of owner,terms of agreement for lease.surrender,
resumption, or order of Collector.

MINING. 181

months from the date of the service of this notice and there to
^^ the said lease, in default whereof you will be liable to the
penalties provided by Section 115 of " The Mining Enactment, 1911."

^ You are also required on issue of the said lease to deliver
up

Dated at the Land Office at this day of 19 . .

Collector.
1 Delete if not required.

Schedule J.

Section 29 (i).
Form (i).

MEMORANDUM OF TRANSFER.

I, , being registered as the owner of the land described in

Mining Lease No and registered in the Land Office of the

district (subject to such charges as are notified by memor-
andum endorsed hereon, and to the annual rent of $ ) :

In consideration of the sum of paid to me by , the

receipt of which sum I hereby acknowledge, do hereby transfer to
the said all my right, title, and interest in the said land.

In witness whereof I have hereunto set my hand this day

of 19..

Transferor.
I hereby accept this transfer in the terms herein stated.

Transferee.
Signed by the above-named 1
transferor in the presence of I

Signed by the above-named]
transferee in the presence of I

Particulars entered in Register , volume , folio . . . .

Collector.

182 No. 12 OF 1911.

Form (ii).

MEMORANDUM OF CHARGE.

I, , being registered as the owner of the land described in

Mining Lease No and registered in the Land Office of the

district (subject to such charges as are notified by memor-
andum endorsed hereon, and to the annual rent of $ ) :

In consideration of the sum of lent to me by (herein-
after called the chargee), the receipt of which sum I hereby acknow-
ledge, do hereby bind myself to pay to him interest on the said

sum of at the rate of per cent, per annum, by equal

payments on the in every year, and will repay to him

the said sum of on 19 . .

In default of payment of the interest or of any part thereof, or
of the principal sum hereby secured, it shall be lawful for the said
chargee on obtaining an order from the Collector to require the sale
of the said land after the service of three months' notice upon me,
or at my usual or last known place of abode within the State.

If any default be made in payment of the interest due upon this
charge, the said principal sum shall immediately thereon become
due and payable on demand being made by the said chargee by
notice served as above mentioned.

1 And I further bind myself that I will insure all buildings on

the said land for the sum of in the joint names of the said

chargee and myself, in such office as he may from time to time
direct, and should default be made herein it shall be lawful for the
said chargee to insure the same and to recover the costs and
charges of so doing in the same manner as arrears of interest.

And for the better securing the repayment of the said principal
sum and interest I hereby charge the land above described with
such principal sum and interest.

In witness whereof I have hereunto set my hand this day

of 19..

Owner.
Signed by the above-named"]
owner in the presence of I

Particulars entered in Register , volume , folio

Collector.
1 This clause may bo deleted by consent of both parties.

MINING. 183

Form (iii).

MEMORANDUM OF CHARGE (ALTERNATIVE FORM).

I, , being registered as the oAvner of the land described

in Mining Lease No and registered in the Land Office of the

district (subject to such charges as are notified by memor-
andum endorsed hereon and to the annual rent of $ ) :

In consideration of the sum of lent to me by (here-
inafter called the chargee), the receipt of which sum I hereby
acknowledge, do hereby bind myself to pay to him the said sum

of S by equal monthly payments of S on the day

of every month, the first of such payments to be made on the

day of next.

If default be made in respect of any of the said payments or of
any part thereof it shall be lawful for the said chargee on obtaining
an order from the Collector to require the sale of the said land
after the ser\ace of three months' notice upon me or at my usual
or last known place of abode within the State.

If default be made in respect of any of the said payments or of

any part thereof the said sum of S shall immediately thereon

become due and payable on demand being made by the said chargee
by notice served as above mentioned.

Interest at the rate of S per cent, per annum shall be

payable on the whole or any part of the said sum of $

remaining unpaid after the same shall have become due.

And for the better securing the payment of the said sum of

$ and interest I hereby charge the land above described with

the said sum of $ and interest.

In witness whereof I have hereunto set my hand this day

of 19..

Owner.
Signed by the above-named "|
owner in the presence of |-

Particulars entered in Register , volume , folio ....

Collector.
Form (iv).

MEMORANDUM OF SUB-LEASE.

District of Mukim

J- hereinafter called the sub-lessor, being the registered

We ' '^ °

lessees °^ ^ piccc of mining land at described in lease

No of date and subject to such encumbrances, liens,

and interests as are endorsed thereon :

184 No. 12 OF 1911.

Do hereby sub-lease to hereinafter called the sub-lessee

(a) all that portion of the said piece of mining land coloured red

upon the plan hereunto attached, and estimated to contain

acres roods and poles more or less for the period of

(b) subject to the provisions of " The Mining Enactment,

1911," and to the following conditions, restrictions, and exceptions :

1. That the sub-lessee shall pay to the sub-lessor or to his duly
appointed agent tribute upon all ore removed from the said land
at the rate of

2. That the said tribute shall be paid (c)

3. That the sub-lessee shall be liable upon suit before the Warden

or any Court to pay to the sub-lessor the sum of $ as a

penalty for each and every breach of the conditions above set
out which he may commit.

4. That the sub-lessee shall work the said land in an orderly,
skilful, and workmanlike manner and subject to the provisions of
"The Mining Enactment, 1911," and shall be liable to indemnify
the sub-lessor for any expenses which he may incur whether as fine
inflicted on him or otherwise on account of any breach of this
condition by the sub-lessee.

5. That the sub-lessor or his duly appointed agent may at all
reasonable times enter upon and view the land, and may inspect
any books of account of ore produced from the land.

6. That the shall be liable to pay to the State the annual

rent due upon the land.

7. That the sub-lessee siififnVt ^® entitled to transfer or assign
this sub-lease without the written authority of the sub -lessor.

8. That this sub-lease shall be liable to cancellation at any time
by the Warden or the Court upon proof —

(i) That the sub-lessee has failed to pay to the sub-lessor the
amount of any moneys which he is by the terms of this sub-lease
bound to pay for a period of six months from the date at which
such payment became due.

(ii) That the sub-lessee has not worked the land in accordance
with clause 4 of the sub-lease, or has by his default rendered the
land liable to forfeiture under " The Mining Enactment, 1911."

(iii) That the sub-lessee has not during a period of six months

employed at least miners for not less than one month in

mining the land.

(iv) That the sub-lessee has committed a breach of clause 7 of
the sub-lease (d).

Dated this day of 19, .

Sub -Lessor.

MINING. 185

^^.g do hereby accept this sub-lease to be held by ™| as sub-lessee
for the term and subject to the conditions, restrictions, and excep-
tions above set forth.

Sub-Lessees.
Signed by the above-named 1
sub-lessor in the presence of >•

Signed by the above-named 1
sub-lessee in the presence of I

Particulars entered in the Register , volume

folio

Collector.

(a) If the whole land is to be sub-leased strike out the words " that portion
of " and from " coloured red " to " attached and " inclusive.

(6) Add term of sub-lease — e.g. " five years " or " of the said lease or of any
renewal thereof for which renewal the sub-lessor hereby undertakes to apply
if so desired by the sub-lessee."

(c) Add time when, place where, and manner in which tribute is to be
paid — e.g. "immediately after each sale of ore, of which sales the sub-lessor
shall have full notice and the right to be present and to buy such ore at the
price at which it is being offered for sale " or " after each smelting," etc.

(d) Here insert any further conditions, restrictions, or exceptions.

Schedule K.

Section 35 (i).

NOTICE BY CHARGEE DEMANDING PAYMENT OF MONEY
DUE UNDER CHARGE.

(Note. — This form to be altered as circumstances may require.)

To of

I, of do hereby demand from you, at the expiration

of three months from the date of the service on you of this notice,
payment of all such principal money and interest as shall then be
due and owing to me upon or by virtue of a certain instrument of

charge, registered No dated the day of 19. . ,

whereby the land hereunder described was charged with the sum

of dollars and interest as therein mentioned : And I give you

notice that, in default of payment thereof, I shall apply to the

Collector for the district of to order the sale of the said land,

or of such portion thereof as may be necessary.

Dated this day of 19. .

Signature of Chargee.

DESCRIPTION OF THE LAND ABOVE REFERRED TO.

Locality

Area

Boundaries

186 No. 12 OF 1911.

Schedule L.

Section 35 (ii).

NOTICE BY COLLECTOR THAT CHARGEE HAS APPLIED
FOR ORDER FOR SALE OF LAND.

(NoTK. — This form to be altered as circumstances may require,)

To of

Whereas of the holder of Charge No dated the

day of 19. . , on the land hereunder described, has

applied to the Collector for the district of for an order for the

sale of the said land : And whereas it has been made to appear to
the said Collector that you would be affected by such order :

Now take notice that the said application will be heard before

the said Collector at o'clock in the noon at the said

Collector's Office at on the day of 19. . , and that

you can then, if you wish, appear before the said Collector and be
heard in the matter of the said application.

Witness my hand and seal of office this day of 19. .

Collector.
DESCRIPTION OF THE LAND ABOVE EBFEBRED TO.

Locality

Area

Boundaries

Schedule M,

Section 38 (i).

CAVEAT FORBIDDING REGISTRATION OF DEALING
WITH LAND.

To the Collector

Take notice that I, A. B., of [residence and description] claiming
[here state the nature of the interest and the grounds upon
which such claim is founded] in [here describe land and refer
to mining lease or certificate] forbid the registration of any dealing
with the before-mentioned land until this caveat be withdrawn
by the caveator or by the order of the Court, or unless such dealing
be subject to the claim of the caveator, or until after the lapse of
twenty-one days from the date of the service of notice by the
caveatee, at the following address :

Address for service of notice

Dated this day of 19 . .

I, the above-named A. B. (or C. D. of [residence and description],
agent for the above A. B.), affirm that the allegations in the above
caveat are true in substance and in fact (or, if no personal knowledge,
as I have been informed and verily believe).

MINING.

187

Schedule M^

Section 39c.

E. 10 of 1918.

PROPRIETARY MINING LICENSE.

This license authorizes the registered

proprietor
lessee

for the

tim^ being of the land held under

r Grant No ,

Certificate of Title No

issued in jmrsuance of Grant

No ,

Entry No in the mukim

. Lease No ,

being portion No in the mukim of in the district of ,

to mine the same [or the portioyi thereof estimated to contain acres

roods and poles , more or less, which said portion

with the dimensions, abuttals, and boundaries thereof is delineated
on the plan drawn hereon and more particularly on Revenue Survey

Plan No deposited in ] for tin and tungsten ores from

the date hereof until the day of , 19 , or until the

date of cancellation or other determination of the rights created in

respect of the said land by the said

Grant No.
Grant No.
Entry No .
Lease No.

whichever of the said dates shall be the earlier, and to remove, dispose
of, dress, and treat any such ores won from the said land, subject to

the payment in respect of this license of the annual rent of

dollars cents and to the provisions of " The Mining Enactment,

1911," and of the Enactments amending the same.

Dated this day of , 19 . .

Collector.

Schedule N.

Section 41.

INDIVIDUAL MINING LICENSE.

This license authorizes of personally, and not other-
wise, to mine any mineral deposit other than oil shales and mineral oils e. u of 1916.
within the following area — namely,

[Here describe the area over which the license extends.]

This licence expires on the 31st December, 19. . ; it does not
apply to any person other than the said and is subject to the

188 No. 12 OF 1911.

conditions and limitations contained in "' The Mining Enactment,
1911."

Dated this day of 19 ... .

Fee paid S

Collector.
Schedule 0.

Section 46

PROSPECTING LICENSE.

This license authorizes of

(a) To prospect for the following metal or mineral — namely : for

the period of commencing from the day of 19. . ,

within the area hereunder described, subject to the conditions and
limitations contained in Part III of '' The Mining Enactment, 1911";

(6) To select and receive a lease for acres of State land

within the area hereunder described on proof to the satisfaction of
the Resident that the licensee has done a sufficient amount of
prospecting work to entitle him to such lease.

This license is liable to cancellation by the Resident if the licensee
shall cease altogether to work within the area hereunder described
for a period of

DESCRIPTION OF PROSPECTING AREA.

Position

Approximate area

Boundaries

Dated this day of , 19 . . . .

Fee paid S

Collector.
Schedule P.

Section 58 (ii).

LICENSE FOR USE OF WATER.

Permission is hereby granted to of to carry and use

water from for a period of twelve months on the terms and

in the manner herein set out and subject to the provisions of " The
Mining Enactment, 1911."

TERMS AND CONDITIONS.

Dated at this day of 19 ... .

Warden of Mines.

MINING. 189

Schedule Q.

Government of

LICENSE TO WORK UNDERGROUND.

Issued under Section 79 of " The Mining Enactment, 1911."

Name of Owner

Name of Advancer

Name of Sub-lessee (if any)

Mining title No Plan No

District Mukim

Locality

Permission is hereby granted to of to work the land

described in the above-mentioned title by underground mining

and to sink shafts for that purpose for the period from ,

19 . ., to 31st December, 19 . . , upon the following conditions :

1. That this license shall be conspicuously and continuously
exhibited near the entrance to the principal shafts on this land,
and that all shafts which are no longer required shall be immediately
filled up.

2. That all requrrements of any Inspector of Mines as regards
drainage and the provisions of Sections 80 to 83 of " The IVIining
Enactment, 1911," shall be promptly and carefully complied with,
and that when any shaft has remained unused for any length of
time, special precautions against noxious gases shall be adopted
before resuming work in it.

3. That all shafts shall be timbered to a depth of at least six
feet from the surface of the ground, provided that, where the wall
of the shaft shews the slightest tendency to crumble or wherever
the Warden or an Inspector of iVIines may require it, such shaft
shall be timbered to the bottom or to such further depth as may
appear necessary.

4. That all pumping shafts shall be timbered from the surface
to the bottom of shaft and, where a double shaft is used, a ladder
partition shall be constructed to the same depth.

5. That under no circumstances, except for the purpose of re-
placing and repairing the same, shall any timber, once fixed and
placed in position, be removed from the side of any shaft without
the express permission of an Inspector of Mines.

6. That only safety hooks for baskets or buckets of a pattern
approved by the Warden shall be used in all shafts.

7. That all ladders, windlasses, brakes, ropes, winding gear, and
timbering shall be kept in a state of efficiency and proper repair to
the satisfaction of the Warden or an Inspector of Mines.

8. That no woman and no boy under the age of 16 years shall
be employed in any underground working.

190 No. 12 OF 1911.

9. That no shaft shall be sunk within 20 feet of any other shaft
without the express permission of an Inspector of Mines,

10. That no shaft shall be sunk within 200 feet of the centre of
any public road or railway line.

11. That baskets or slings of a pattern approved by the Warden
of Mines shall be used for raising and lowering miners and materials
in the shafts.

12.

Dated at this day of 19. .

Warden of Mines.

Schedule R.
DULANG PASS.

Issued under Section 108 of "The Mining Enactment, 1911."

Permission is hereby given to male, living at , to

wash for tin ore with a dulang only, on (a) lands alienated for
mining purposes with the permission of the lawful occupier thereof,
or (6) State lands.

The presentation of this document by the registered holder thereof
to a buyer duly licensed under the '' Mineral Ores Enactment "
shall be sufficient evidence that the holder thereof is entitled to
sell tin ore.

This permit expires on the 31st of December, is not transferable,
and is liable to cancellation by the Warden or Inspector without
any reason being assigned and it only refers to the State of

Issued by

Mines Office,

Warden of Miiies

for the State of

ENACTMENT NO. 13 OF 1911.

As amended by Fed. E. 16 of 1913.

An Enactment to consolidate the law regarding the
Transfer of Land by Registration of Titles.

Arthur Young, [24th November, 1911.

President of the Federal Council. 1st October, 1913.]

It is hereby enacted by the Rulers of the Federated Malay States Preamble,
in Council as follows : —

PART I.
PRELIMINARY.

1. (i) This Enactment may be cited as "The Registration of short title and
Titles Enactment, 1911," and shall come into operation upon such ^^^''''^'
date as the Chief Secretary to Government may, by notification in

the Gazette, appoint.

(ii) Nothing in this Enactment contained shall apply to leases Exception.
issued under any law in force for the time being relating to mining.

(iii) The Enactments specified in the first schedule hereto are Repeal,
hereby repealed to the extent mentioned in the fourth column of
the said schedule ; provided always that such repeal shall not affect
the past operation of any of the said Enactments, nor any right,
title, or interest created, nor the validity or otherwise of any order
made or of anything done or suffered under any of the said Enact-
ments.

(iv) All appointments made under the provisions of any of the Existing
Enactments hereby repealed shall be deemed to have been made appo"!*™^"'^^.
under this Enactment.

2. In this Enactment unless there be something repugnant in interpretation.
the subject or context—

The words " the State " mean with reference to any particular
piece of land, or any right, title, or interest therein, or any duty or
obhgation connected therewith, or any matter whatsoever incidental
thereto, the State in which such land is situated, and the words
" the Ruler " and " the Resident " mean, respectively, the Ruler or
Rulers of that State and the Resident of that State.

" Charge " means any charge created on land for the purpose of
securing the payment of money, and also the instrument by which
the charge is created.

191

192 No. 13 OF 1911.

" Chargee " means the person in whose favour a charge is created,
and includes the person for the time being entitled to the benefit
of such charge.

" Collector " means the Collector of Land Revenue or any other
officer for the time being in charge of the land administration of a
district.

" The Court " means the Court of a Judicial Commissioner.

" Dealing " means any transaction, of whatever nature, by which
land is affected under this Enactment or under any Enactment
hereby repealed.

" Grant " means a grant of State land issued by or under the
authority of the Ruler of the State, and includes a lease of State
land in perpetuity or for a term of not less than 999 years.

" Land " means land which was originally comprised in a grant or
in any such lease as is referred to in Section 27, or for which a
certificate of title has been issued under this Enactment or under
any of the Enactments hereby repealed, and includes things attached
to the earth or permanently fastened to anything attached to the
earth.

" Lunatic " means any person who has been found by the Court to
be incapable of managing his own affairs.

" Memorial " means the entry signed by the Registrar on the
grant or certificate of title embodied in the register of any instrument
presented for registration with the time of registration.

" Person of unsound mind " means any person who, though not
having been found a lunatic by the Court, is, in fact, incapable
of managing his own affairs.

" Proprietor " means the person or corporation registered under
this Enactment or under any of the Enactments hereby repealed
as the owner of land.

" Register " means the register of titles to land, kept in accordance
with any of the Enactments hereby repealed or to be kept in
accordance with this Enactment.

"Registrar" means a Registrar of Titles appointed under this
Enactment, and includes " Deputy Registrar."

The words " the Registrar " mean with reference to any particular
piece of land, or any right, title, or interest therein, or any duty or
obligation connected therewith, or any matter whatsoever incidental
thereto, the Registrar of the State or registration district in which
such land is situated.

" Registration district " means a district created by the Resident
under Section 3 of this Enactment or under any of the Enactments
hereby repealed.

" Representative " means the person authorized by law to repre-
sent th(^ estate of a person who is dead, or lunatic, or otherwise under
incapacity, and " Certificate of Representation " means the order of
Court or other document by which such representative is appointed.

REGISTRATION OF TITLES.

193

" Transfer," used in connection with land or a charge, means the
passing of such land or charge by act of the parties and not by-
operation of law, and also the instrument by which such passing
is effected.

" Transmission," used in connection with land or a charge, means
the passing of such land or charge by operation of law — as, for
example, on the death of the person entitled to such land or charge.

" Treasurer " means a State Treasurer or District Treasurer, as
the case may require.

PART II.

CREATION OF DISTRICTS AND APPOINTMENT, POWERS
AND DUTIES OF OFFICERS.

3. In each State the Resident may, by warrant under his hand Appointment
and seal, divide the State into districts for the purposes of this o^ i^^gistrar.
Enactment, and appoint either for the State or for each such district

a Registrar of Titles and such Deputy Registrars and other officers
as he may think necessary for carrying out this Enactment.

4. Every Registrar shall have a seal of office, with which he shall seai.
seal all certificates of title issued by him, and stamp all instruments
presented to him for the purpose of authorizing an act of registra-
tion.

PART III.

GOVERNMENT GRANTS, TRUSTS, TRANSFERS, AND
TRANSMISSIONS OF LAND.

5. After the coming into operation of this Enactment, and subject T.an.i comprised
to the provisions of sub-section (ii) of Section 1 hereof, all land which 1" perpetuity,''"'^
is comprised in any grant, whether issued prior or subsequent to the ^efore'^or'ff'tei^
coming into operation of this Enactment, shall be suljject to this this Enactment
Enactment, and shall not be capable of being transferred, trans- theret^o. ^'^'^^
mitted, mortgaged, charged, or otherwise dealt with except in
accordance with the provisions of this Enactment, and every attempt

to transfer, transmit, mortgage, charge, or otherwise deal with the
same, except as aforesaid, shall be null and void and of no effect,
and, in particular, the provisions of Part VIII relating to the enforce-
ment of charges shall extend and apply to mortgages of land which
have been executed before the coming into operation of this Enact-
ment, so that the powers in such mortgages mentioned shall only
be exercisable in accordance with the provisions of Part VIII,
or as near thereto as circumstances admit.

6. Grants shall be in duplicate, and every grant, in addition to
proper words of description, shall contain a diagram of the land
on such scale as the Resident may from time to time direct. The
duplicate shall be delivered out of the Collector's office to the
Registrar of the State or of the registration district in which the land
is situated, who shall register the grant in manner hereinafter
directed, and thereafter deliver one of such duplicates to the Collector
for issue to the grantee, and retain the other to be bound up in
the register as hereinafter directed,

IT— 13

(lovernment
grants.

194

No. 13 OF 1911.

Certificate of
title.

Certificate of
title to be held
conclusive
evidence of
proprietorship.

Caveat to stop
dealing in any
land.

Survivorship in
case of trustees.

Caveats on
dcalin!,' with
trust property.

Transmission of
land on death
of proprietor.

7. When land comprised in a grant has been transferred or trans-
mitted in manner hereinafter provided, the Registrar shall issue, in
duplicate, a certificate of title in favour of the new proprietor in the
terms contained in Form A of the second schedule, one duplicate of
which he shall register in the same manner as is hereinafter provided
for grants, and the other he shall deliver to the new proprietor, and
in like manner a fresh certificate of title at every fresh transfer or
transmission : and the previous certificates of title shall he held as
cancelled, and the title of the proprietor under each fresh certificate
shall be as valid and effectual in every respect as if he had been the
original grantee in the grant of the land contained in the certificate.

8. The duplicate certificate of title issued by the Registrar to any
purchaser of land upon a genuine transfer or transmission by the
proprietor thereof shall be taken by all Courts as conclusive evidence
that the person named therein as proprietor of the land is the absolute
and indefeasible owner thereof, subject to the conditions and agree-
ments exjDressed or implied in the original grant, and the title of
such proprietor shall not be subject to challenge, except on the ground
of fraud or misrepresentation to which he is proved to be a party,
or on the ground of adverse possession in another for the prescriptive
period. And a certified copy of any registered instrument, signed
by the Registrar and sealed with his seal of office, shall be received
in evidence in the same manner as an original.

9. When conditions are contained in any instrument of transfer
or transmission they shall not be registered, but any person who
may consider himself entitled to challenge the right of the proprietor
of land because of any condition contained in any such instrument,
may enter a caveat in manner hereinafter provided to stop all
dealings in the land conveyed by such instrument, until his rights
be determined in manner provided in Part XII hereof.

10. When the proprietor of land shall transfer the same to trustees
the Registrar shall not make any entry in the register of the trusts,
but he shall register the fact that the persons in whose favour the
instrument is granted are trustees by adding the words " as trustees "
after their names and designations in the register and on the
duplicates of the certificate of title to be issued in their favour ;
and the instrument creating the trust or a duplicate or certified
copy thereof shall be preserved in the Registry.

11. When two or more trustees are appointed by any instrument
to execute a trust and one or more of them die, the survivors or
survivor of them may execute the trust, unless the terms of the
instrument express a contrary intention, and the Registrar shall
add after the words " as trustees " in the certificate of title the words
" Avith survivorship " or "no survivorship," as the case may be.

12. The grantor of the instrument of trust, or the beneficiaries
thereunder, or any one of the trustees, or the guardian or next
friend of any minor having interest may, by caveat as hereinafter
provided, stay the registration of any instrument of transfer or
dealing with the land until the caveator has been heard for his
interest in the manner provided in Part XII hereof.

13. All land shall, upon the death of the projirietor, pass to and
become vested in his representative.

REGISTRATION OF TITLES.

195

14. Land held in trust transmitted under the last preceding such land to be
section shall continue to be subject to all trusts to Avhich it was tmsS*^*^"
subject at the time of the death of the proiDrietor, and all other land

so transmitted shall be included by the representative in his
inv^entory and account, and shall, with the other property of the
deceased, be disposable for payment of debts or otherwise, according
to the law or custom of the State in which the land is situated.

15. The Court, upon the application of the representative of a court may
deceased proprietor or of anj' person beneficially interested, or if "o mana<,'elnent
any person beneficially interested is a minor or of unsound mind of land of
then on the application of the guardian, next friend, or other person proprietor.
appointed by the Court to act on behalf of the minor or person

of unsound mind in the matter, and after such previous notice to
other parties and enquiry as it shall thinl<: fit to order, may direct
the course of proceeding which shall be taken in regard to the time
and mode of sale of such land, the letting and management thereof
until sale, the application for maintenance or advancement or other-
wise of shares of minors, the expediency and mode of effecting a
partition if applied for, and generally in regard to the administra-
tion of the property for the greatest advantage of all persons
interested.

16. In any case wherein upon such enquiry the Court shall be Partition.
satisfied that a partition of the land would be advantageous to the
parties interested therein, the Court may appoint one or more arbi-
trators to effect such partition, and to exercise in regard thereto,
under the direction and control of the Court, such powers as the
Court may by any order confer : and the report and final award of

the said arbitrators, setting forth the particulars of the land allotted
to each party interested, shall, when signed by them and confirmed
by the order of the Court, and when also registered, be effectual,
without the necessity of any further instrument of transfer, to vest
in each allottee the land so allotted.

17. The Registrar shall issue to the said allottee a certificate of Certifir ate of
title accordingly, and open a folium in the register for each allottee
in manner hereinafter provided in the case of transfers. And if
such allotment bo made subject to the charge of any money pay-
able to any other party interested for equalizing the partition, such
charge shall, when registered, take effect according to the terms and
conditions in regard to the time and mode of payment and otherwise,
which shall be expressed in such award without the necessity of any
further instrument being made or executed, and a memorial thereof
shall be entered on tlie folium of the register, and on the certificate
of title delivered to the allottee.

title to be issued
to allottee on
partition.

PART IV.

18. Every Registrar shall keep a book to be called the " Register "Register of
of Titles," and shall bind up therein the duplicates of all grants and ^'"^•"
of all C(>rtificates of title to be issued as hereinafter provided, and
each grant and certificate of title shall constitute a separate folium

196

No. 13 OF 1911.

" Presentation
Book."

When any
instrument
sliall be deemed
and taken to be
registered.

Priority of
registration to
Kive priority o£
title.

A'-,'ieornent by
Iniii^fcror
iiij]>lii'd in all
traiirifers.

Memorial of
registration.

of such book ; and the Registrar shall record therein the particulars
of all instruments, dealings, and other matters by this Enactment
required to be registered or entered in the register, affecting the land
contained in each grant or certificate of title.

19. Every Registrar shall also keep a book to be called the
" Presentation Book," in which shall be entered by a short descrip-
tion every instrument which is given in for registration, with the
day and hour and, when that is required by the person presenting
the instrument, the minute of presentation, and for purpose of
priority the time of presentation shall be taken as the time of
registration. The Registrar in entering memorials upon the grants
and certificates of title embodied in the register and endorsing a
memorandum upon an instrument to be issued shall take the time
from the presentation book as the time of registration.

20. Every grant shall be deemed and taken to be registered under
the provisions and for the purjooses of this Enactment so soon as
the same shall have been marked by the Registrar with the folium
and volume, so as to indicate its place in the register ; and every
transfer and other instrument purporting to transfer or in any way
to affect land under the provisions of this Enactment shall be
deemed to be so registered as soon as a memorial thereof, as herein-
after described, shall have been entered in the register upon the
folium constituted by the existing grant or certificate of title of
such land.

21. Except as is hereinafter otherwise provided every instrument
presented for registration shall be in duplicate, and shall, unless it be
a grant, be attested by a witness, and shall be registered in the
order of time in which the same is presented for that purpose ; and
instruments registered in respect of or affecting the same land shall,
notwithstanding any express, implied, or constructive notice, be
entitled to priority according to the date of registration, and not
according to the date of each instrument itself ; and the Registrar,
upon registration thereof, shall file one original in his office, and
shall deliver the other to the person entitled thereto, and so soon as
registered every instrument shall, for the purj^oses of this Enactment,
be deemed and be taken to be embodied in the register as part
and parcel thereof.

22. In every instrument creating or transferring any interest in
land, there shall be implied the following agreement by the party
creating or transferring such interest — that is to say, that he will
do such acts and execute such instruments as in accordance with
the jn-ovisions of this Enactment may be necessary to give effect
to all agreements, conditions, and ]nir]i()ses expressly set forth
in such instrument, or by this Enactment declared to be implied
against such party in instruments of a like nature.

23. Every memorial entered in the register shall state the nature
of the instrument to which it relates, the day and hour of the
production of such instrument for registration, and the names of the
parties thc^reto, and shall refer by number or symbol to such instru-
ment, and shall be signed by the Registrar.

REGISTRATION OF TITLES.

197

Such memorial
in certain cases
to be endorsed
on duplicate
instruments, as
also ceitificate
of time of
registration,
such certificate
to be conclusive
as to recristra-
tion.

Unregistered

instrument
invalid.

24. Whenever a memorial of any instrument has been entered in
the register, the Registrar shall, except in the case of transfer or
other dealing endorsed upon any grant, certificate, or other in-
strument as hereinafter provided, record the like memorial on the
duplicate grant, certificate, or other instrument evidencing title to
the land intended to be dealt with or in any way affected, unless
the Registrar shall, as hereinafter provided, dispense with the pro-
duction of the same, and the Registrar shall endorse on every in-
strument so registered a certificate of the time at which the said
instrument was presented to be registered, and shall authenticate
each such certificate by signing his name and affixing his seal thereto,
and such certificate shall be conclusive evidence that such in-
strument has been duly registered.

25. No instrument, until registered in manner hereinbefore
described, shall be efi^ectual to pass any land or any interest therein,
or render such land liable as security for the payment of money,
but upon the registration of any instrument in manner hereinbefore
prescribed the land specified in such instrument shall pass, or, as
the case may be, shall become liable as security in manner and
subject to the agreements, conditions, and contingencies set forth
and specified in such instrument, or by this Enactment declared to
be implied in instruments of a like nature.

26. A Registrar shall not register any instrument purporting Be^istrartobe
to transfer or otherwise to deal with or affect any land exceiit land '?"''i?'^ ^y ,

J I provisions or

Situated Avithm the State or registration district for Avhich he has this Enactment.

been appointed, and except in the manner herein provided, nor

unless such instrument be in accordance mth the provisions hereof,

but any instrument in substance in conformity Avith the forms

annexed hereto shall be sufficient : provided that the Registrar Registrar may

shall have power to reject any instrument appearing to be unfit J^itit! '"'^^'^'^

for registration.

PART V.

SPECIAL PROVISIONS REGARDING CERTAIN LEASES
OF STATE LAND.

27. Every Registrar of Titles appointed under the provisions Rejisterof
of this Enactment shall keep a book to be called the " Register of 1"?^'''^'^'°
Leases of State Land," and shall bind up therein the duplicates
of all leases issued under Section 24 of " The Land Enact-
ment, 1911," for land situated within the State or registration
district for which he is appointed and of all certificates of title
issued as hereinafter in this Part provided in pursuance of such
leases.

For the purposes of this Part leases issued under the provisions
of the repealed Sections 25a and 22a of the Land Enactments,
1903, of Perak, Selangor, Negri Sembilan, and Pahang, shall be
deemed to be leases issued under the provisions of Section 24 of
"The Land Enactment, 1911."

198

No. 13 OF 1911.

Application
of the other
Parts of tliis
Eiiactnieut.

28. The provisions of the other Parts of this Enactment shall,
with the necessary modifications, apply to every such lease as is in
this Part hereinbefore referred to in the same manner and to the
same extent as if such lease were a grant within the meaning of
this Enactment, subject to the following provisos —

(a) Where reference is made to "the register" such reference
shall be deemed to be the register required to be kept
under the last preceding section ;

(6) The terms "proprietor" and "owner" shall be construed
as referring to the person registered as lessee, and the
term " lease," Avith its grammatical variations and cognate
expressions, shall be construed as meaning sub-lease ;

in any person by transfer, transmission, or otherwise
howsoever any interest in the land leased greater than is
conveyed by the terms of the lease or for a period extend-
ing beyond that limited by the terms of the Igase ;

(d) Certificates of title issued in pursuance of the leases referred

to in the last preceding section shall be substantially in
the Form B contained in the second schedule and shall
be taken by all Courts as conclusive evidence that there is
vested in the person named therein all such interest in
the land leased as is conveyed by the terms of the lease,
subject to the conditions and agreements expressed or
implied therein, and the title of such person shall not be
subject to challenge except on the grounds specified in
Section 8 ;

(e) The forms contained in the second schedule shall, when used

for the purposes of leases referred to in the last preceding
section, be subject to such modifications as circumstances
may require, or as the Resident may, with the approval
of the Chief Secretary to Government, from time to time
prescribe.

PART VI.

I'orm of
transfer.

TRANSFERS.

29. When land is intended to be transferred the registered
proprietor, or if such proprietor is a minor or of unsound mind the
guardian, next friend, or other person appointed by the Court to
act on behalf of the minor or person of unsound mind in the matter,
may execute a transfer in the Form C contained in the second
schedule, which transfer shall, for description of the land intended
to be dealt with, refer to the grant or certificate of title of such
land, or shall give such description as may be sufficient to identify
th(^ same, and shall contain an accurate statement of the land
intended to be transferred and a memorandum of all leases and
charges to which the same may be subject, and of all rights of
way and easements intended to be conveyed, and such transfer, if
it be endorsed on the instrument evidencing the title of any trans-
feror, need not be in duplicate.

REGISTRATION OF TITLES.

199

30. If the transfer purports to transfer the whole or part of the procedure in
hind contained in any grant or certificate of title, the transferor ofiand.''^*'^^^'^
shall deliver up the duplicate grant or certificate of title of the

said land, and the Registrar shall, when registering the transfer,
enter in the register, and on the duplicate grant or certificate of
title, a memorandum cancelling the same, either wholly or partially,
according as the transfer purjiorts to tra,nsfer the whole or part
only of the land contained in such grant or certificate of title :
provided always that, in case the whole of the land is transferred,
the Registrar may, instead of making such cancellation, enter in
the register and on the duplicate grant or certificate of title a
memorial of such transfer, and deliver the duplicate to the trans-
feree ; and any memorial so entered, whether before or after the com- e. le of 1013.
mencement of this Enactment, of a genuine transfer of land by the
proprietor thereof, or if such proprietor is a minor or of unsound
mind by the guardian, next frietid, or other person aiypointed by the
Court to act on beJmlf of the minor or person of unsound mind in the
matter, to a purchaser shall in favour of the transferee named in
the said memorial have in all respects the same force and effect which
by virtue of Section 8 appertain to the duplicate certificate of title in
Section 8 referred to in favour of the person therein named as
proprietor of the land.

31. (i) The Registrar upon cancelling any grant or certificate of upon transfer

, Oc/o new certificate

title, either wholly or j)artially, pursuant to any such transfer shall of title to be
make out to the transferee a certificate of title to the land contained grant^orcerti-
in such transfer, and every such certificate of title shall refer to the fixate delivered
original grant of such land and to the instrument of transfer, and "^^ '^
the Registrar shall retain every transfer and cancelled or partially
cancelled grant or certificate of title, and, whenever required
thereto by the proprietor of an unsold portion or balance of land
included in any such partially cancelled grant or certificate of
title or by a registered transferee of such portion or of any part
thereof, shall make out to such projirietor or transferee a certificate
of title for such portion or any part thereof of which he is the
proprietor or transferee.

(ii) Where part only of the land contained in a grant or certificate
of title is transferred, the Registrar shall apportion the quit-rent or
other annual payments payable to the State in respect of such
land, and shall enter on the certificate of title issued by him to the
transferee and transferor, respectively, the amounts thenceforward
payable in respect of the part transferred and the balance, respec-
tively : provided that the sum so payable annually in respect of
any sub-division shall in no case be less than fifty cents.

(iii) If either party is dissatisfied vath. the apportionment made by
the Registrar he may request the Registrar in writing to refer the
question of apportionment to the Court, and the Registrar shall
thereupon refer the same accordingly.

32. In every instrument transferring any land under the pro- Agreement
visions of this Enactment subject to a charge there shall be ^ansfere^e'of"^*^
implied the following agreement by the transferee — that is to say, charged land.
that such transferee will pay the interest or periodical sum secured

200

No. 13 OF 1911.

Form of transfer
of charges.

Liabilities of
transferee of
charged land.

Eights of
transferor to be
vested in
transferee.

Form of lease.

Proviso as to
consent of
oliar^ee to lease.

Lease not valid

unless

registered.

Lease for three
years valid
without regis-
tration.

As to abandon-
inetit of lease by
lessee with
lonsent of
lessor.

by such charge after the rate and at the times specified in the
instrument creating the same, and will indemnify and keep harmless
the transferor from and against the principal sum secured by such
instrument, and from and against all liability in respect of any of
the agreements therein contained or by this Enactment implied
on the part of the transferor.

33. Leases and charges may be transferred by a transfer executed
in duplicate in the Form D contained in the second schedule. The
transfer must be registered in the usual manner, and transferees
shall have priority according to the date and time of registration.

34. Upon the registration of any transfer of any charge or lease
the interest of the transferor as set forth in such instrument, with
all rights, powers, and privileges thereto belonging or appertaining,
shall pass to the transferee, and such transferee shall thereupon
become subject to and liable for all and every the same requirements
and liabilities to Avhich the transferor would have been subject and
liable if such transfer had not been made.

35. By virtue of every such transfer the right to sue upon any
charge or other instrument, and to recover any money or damages
thereunder, and all interest in any such money or damages shall be
transferred so as to vest the same in the transferee thereof : j)rovided
always that nothing herein contained shall prevent the Court from
giving effect to any trusts affecting the said money or damages in
case the transferee shall hold the same as trustee for any other
person.

PART VII.
LEASES.

36. When any land is intended to be leased for any term exceeding
three years, the proprietor, or if such proprietor is a minor or of
unsound mind the guardian, next friend, or other person appointed
by the Court to act on behalf of the minor or person of unsound
mind in the matter, shall execute a lease in the Form E contained
in the second schedule, and every such instrument shall, for de-
scription of the land intended to be dealt with, refer to the grant or
certificate of title of the land, or shall give such other description
as may be necessary to identify such land : provided always that
no lease of charged land shall be valid and binding against the
chargee unless such chargee shall have consented in writing to
such lease prior to the same being registered, and that no lease for
the period above specified shall be valid unless registered.

37. Any lease or agreement for a lease granted for a term not
exceeding thr(>e years shall be valid without registration : provided
that no right to purchase the land contained in any such lease or
agreement shall be valid as against any subsequent purchaser of
the land unless such lease or agreement be registered.

38. Where a lessee^ or his assignee shall have delivered to the
lessor or his agent the duplicate of the lease, accompanied by some
writing signed by the lessee or his assignee evidencing his intention
to give up possession of the land contained in such lease, the

REGISTRATION OF TITLES. 201

Registrar may, upon application to him by the lessor and production
of such evidence as he may require that the lessee or his assignee
has abandoned the occupation of the land contained in the said
lease, make an entry in the register of the surrender of such lease.

39. In any memorandum of lease, unless a contrary intention implied agree-
shall therein appear, there shall be implied the foUoAving agreements kas'es i" against
by the lessee — that is to say : '^^^^®-

(a) That he Mill pay the rent thereby reserved at the times
therein mentioned, and all rates and taxes which may be
payable in respect of the property during the continuance
of the lease ;

(h) That he will at all times during the continuance of the lease
keej) and at the termination thereof jdeld up the property
in good and tenantable repair, accidents and damage
from fire, storm and tempest and reasonable wear and
tear excepted.

40. (i) In any memorandum of lease there shall also be implied Powers implied

111 l6SSors

the following powers in the lessor — that is to say :

(a) That he may distrain according to law ;

(6) That he maj^ by himself or his agents, twice in every year
during the term, at a reasonable time of the day, upon
giving the lessee two days' previous notice, enter upon
the property and view the state of repair thereof, and
may serve upon the lessee or leave at his last or usual
place of abode, or ujion the property, a notice in writing of
any defect, requiring him within a reasonable time, to be
therein mentioned, to repair the same ;

(c) That in case the rent or any part thereof shall be in arrear
for the space of three months, or in case default shall be
made in the fulfilment of any agreement, whether expressed
or implied in such lease, on the part of the lessee, and shall
be continued for the space of six months, or in case the
repairs required by such notice as aforesaid shall not have
been completed within the time therein specified, it shall
be lawful for such lessor to enter upon and take possession
of such property.

(ii) There shall also be implied in any memorandum of lease
unless a contrary intention shall therein appear, the follo^Adng
agreement by the lessor — viz., that he will pay all quit-rent which
shall become payable to the State during the continuance of the
lease, in respect of the property contained in the lease, and keep
the lessee indemnified against all claims and demands in respect
of such quit-rent or in respect of emy charges on such property.

41. In any such case the Registrar, upon proof to his satisfaction Entry in

of lawful re-entry and recovery of jDossession by a lessor, shall note detlifminltion
the same by entry in the register, and the lease shall thereupon of lease.
determine, but without releasing the lessee from his liability in
respect of the breach of any agreements in such lease expressed or
implied, and the Registrar shall cancel such lease if delivered up
to him for that purpose,

202

No. 13 OF 1911.

Entry in
re;,'ister of
surrender
of lease.

Form of charge.

Power of

char'^'ce in ease
of default.

Further powers
of (■har;;cc as to
receipt of rents.

42. Whenever any lease which is required to be registered by the
provisions of this Enactment is intended to be surrendered, and
the surrender thereof is effected otherwise than through the
operation of a surrender in law, there shall be endorsed upon such
lease or upon the counterpart thereof the word " Surrendered,"
with the date of such surrender, and such endorsement shall be
signed by the lessee and the lessor as evidence of the acceptance
thereof, and shall be attested by a witness, and the Registrar
thereupon shall enter in the register a memorial recording the date
of such surrender and shall likewise endorse upon the lease a
memorandum recording the fact of such entry having been so
made in the register, and upon such entry having been so made
the interest of the lessee in such land shall vest in the lessor or
in the person in whom having regard to intervening circumstances,
if any, the said land would have been then vested if no such lease
had ever been executed, and jDroduction of such lease or counterpart
bearing such endorsed memorandum shall be sufficient evidence
that such lease has been so surrendered : provided that no lease
subject to a charge shall be surrendered without the consent of the
chargee.

PART VIII.
CHARGES.

43. Whenever any land is intended to be charged or made
security in favour of any person, the proprietor, or if such proprietor
is a minor or of unsound mind the guardian, next friend, or other
p3rson appointed by the Court to act on behalf of the minor or
person of unsound mind in the matter, shall execute a charge in
the Form F (i) or F (ii) contained in the second schedule, which
must be registered as hereinbefore provided.

44. The chargee, upon default in payment of the principal sum
or any part thereof or of any interest or periodical payment secured
by any charge, may enter into possession of the charged land by
receiving the rents and profits thereof, or may distrain upon the
occupier or tenant of the said land for the rent then due.

45. Whenever a chargee shall give notice of his demanding to
enter into receipt of the rents and profits of the charged land to the
tenant or occupier or other j)erson liable to pay on account of the
rents and profits thereof, all the powers and remedies of the owner
of the land in regard to receipt and recovery of and giving discharges
for such rents and profits shall be suspended and transferred to the
said chargee until such notice be withdrawn, or the charge shall
be satisfied and a discharge thereof duly registered, and in every
such case the receipt, in writing, of the chargee shall be sufficient
discharge for any rents and profits therein expressed to be received,
and no person paying the same shall be bound to enquire concerning
any default or other circumstance affecting the right of the
person giving such notice, beyond the fact of his being duly registered
as chargee of the land : provided that nothing herein contained
shall interfere with the effect of any order of the Court in regard to
the payment of rent under the special circumstances of any case,
nor shall prejudice any remedy of the owner of the land against the
chargee for wrongful entry or for an account.

REGISTRATION OF TITLES.

203

46. In case default be made in payment of the principal sum, Proceedings
interest, or periodical payment, or anj^part thereof thereby secured, jj^f'^^^u^^
or in the observance of any agreement expressed in any charge regis-
tered under this Enactment or that is hereinafter declared to be
implied in such instrument, and such default be continued for the

space of one month, or for such other period of time as may therein
for that purpose be expressly limited, the chargee may give to the
person by whom the charge was created notice in writing to pay,
within a time to be specified, the money then due or owing on such
charge, or to observe the agreements therein expressed or implied,
as the case may be, and that all remedies competent will be resorted
to unless such default be remedied, or may leave such notice on
the charged land or at the usual or last known place of abode of
such person or other person claiming to be then entitled to the said
land, or in the event of such person being absent from the State
in which the land is situated, with his attorney or agent.

47. After such default in pajnaient or observance continuing for chargeemay
the further space of one month from the service of such notice or pr'et'or to°shew
for such other period as may in such instrument be for that purpose cause why land
limited, it shall be lawful for the chargee, by summons, to call the Lm.
proprietor of the charged land before the Court to shew cause why

the land subject to the charge should not be sold by pubUc auction
under direction of the Court. If no cause be shewTi to the satis-
faction of the Court, it shall order the public sale of land to take place
at such place and time as shall appear most suitable, but not less
than four weeks from the date of the order, and it shall be the duty
of the Court to see that such sale is publicly notified during these
four weeks in such manner as may be usually adopted for such
notifications for the time being, or as shall be regulated by the rules
of Court hereinafter referred to.

48. The chargee shall prepare the conditions of sale which, chargee to
together with all documents of title in his possession, shall be tioTol sai"*^^"
deposited with the Court at least one week before the date fixed

for the sale, to be open to the inspection of anyone desirous to
examine the same. The upset price shall not be less than the sum
of the principal and interest due under the charge, with an estimated
amount to cover the expense of sale and all costs legally claimable
by the chargee. Where the charge is to secure a periodical payment
the Court shall calculate the value of the future pajToients in order
to fix the upset price.

49. At the sale the Court may, if it shall think necessary, take the Licensed
assistance of a licensed auctioneer, but in any case the sale shall be be'empioyed.^^
under the direction of an officer of the Court who shall receive the

bids and settle summarily any question which may arise in the course
of the proceedings, and shall declare to M'hat bidder the land has
been knocked down, and his decision shall not be subject to
question or appeal on matters of form or order, but when any
question arises involving the competency of the whole proceeding,
or the right of any particular bidder to be preferred, the parties
feeling themselves aggrieved may appeal to the Court in a manner
to be regulated by the rules of Court hereinafter referred to.

204

No. 13 OF 1911.

Chargee may
bid.

Procedure
where no bid
at upset price.

i~cliemc of
ranking to be
prepared for
payment of
Bubsequent
cliarges.

Sale to be final.

Disdiargc of
charge.

50. The chargee may hid and the officer of the Court shall knock
down the land to the highest bidder, and upon payme'nt of the
price he shall certify in the Form G contained in the second schedule
that the land has been sold by auction under authority of " The
Registration of Titles Enactment, 1911," and such officer shall
deliver the said certificate, together with the grant or certificate
of title of the said land, to the said purchaser, and the said purchaser,
if the certificate has been duly stamped, may forthwith present
the same, together with such grant or certificate of title, to the
Registrar, who shall receive the said certificate in all respects as
a valid transfer of the land therein mentioned and shall register
the same and issue a certificate of title to the purchaser named
therein as proprietor of the land accordingly.

51. Where no bid has been made at the upset price it shall be
lawful for the officer of the Court to adjourn the sale and to order
that the land be again put up for auction at the same upset price,
or he may direct that the upset price be reduced and the land put
up for sale at the reduced upset price. But in every case it shall
be his duty to have the time of the sale publicly notified by adver-
tisements and in such other manner as may then be customary in
the State in regard to sales of land, or as shall be regulated bj^ any
rules of Court in that behalf ; provided that any person having an
interest in the land shall, if dissatisfied with any decision of such
officer as to the amount of the upset price, be entitled to appeal
therefrom to the Court by way of summons.

52. The Court shall prepare a scheme of ranking of the price
obtained for the said land providing first for the costs, then for the
payment of the first charge affecting the said land, then for
subsequent charges in the order of their priority, and assigning the
balance to the owner of the land charged. It shall be the duty
of the chargees and all others parties claiming to rank upon the said
sum to deposit with the Court a note of their claim and the
documents in support thereof.

53. When land has been so sold by the Court, and any appeals
under Section 49 finally disposed of, the sale shall be to all intents
and purposes final, and it shall not be lawful for any person whatever
to challenge or impugn the same on any ground whatever, and the
bidder preferred and in whose favour the certificate before-mentioned
has been issued and registered shall be the absolute owner of the land
so sold, as fully and completely as if he had been the original grantee
in a grant of the said lands.

54. Upon the production of any charge having thereon an en-
dorsement signed by the chargee and attested in the manner pre-
scribed by Section 71 for the attestation of instruments discharging
the land from the whole or part of the moneys secured or discharging
any part of the land contained in such instrument from the whole
of such moneys, the Registrar shall make an entry in the register
noting that such charge is discharged wholly or partially, or that part
of the land is discharged as aforesaid, as the case may require,
and upon such entry })oing so made the land mentioned or referred
to in such endorsement as aforesaid shall cease to be subject to or

REGISTRATION OF TITLES. 205

liable for such moneys or, as the case may be, for the part thereof
noted in such entry as discharged.

55. Upon proof of the occurrence of the event upon which, in Discharge ot
accordance with the provisions of any charge, the moneys thereby ofjeiu'" "^^^^
secured shall cease to be pa3^able, and upon proof that all arrears

have been paid, satisfied, or discharged, the Registrar shall make
an entry in the register noting that such charge is satisfied and
discharged, and shall cancel such instrument, and upon such entry
being made the land shall cease to be subject to such charge, and
the Registrar shall, in any or either such case as aforesaid, endorse
on the grant or certificate of title or other instrument evidencing
the title of the land charged, a memorandum of the date on which
such entry as aforesaid was made by him in the register, whenever
such grant, certificate of title, or other instrument shall be presented
to him for that purpose.

56. If any person shall be entitled to j)ay off the charge and the How charge
registered chargee shall be absent from the State, and there be no "hargedfif"
person authorized to give a receipt for the money, it shall be lawful '^TX°^ absenre
for the Treasurer to receive such money with all arrears then due from the sute.
in trust for the person entitled thereto, and the Registrar shall,

upon presentation of the receipt of the said Treasurer for the said
money, make an entry in the register discharging such charge,
stating the day and hour on which such entry is made, and such
entry shall be a valid discharge for such charge and shall have the
same force and effect as is hereinbefore given to a like entry when
made upon production of the instrument of charge with the receipt
of the chargee, and the Registrar shall endorse on the grant, cer-
tificate of title, or other instrument as aforesaid, and also on the
instrument of charge, whenever those instruments shall be brought
to him for that purpose, the several particulars hereinbefore directed
to be endorsed upon each of such instruments, respectively.

57. In every charge there shall be implied an agreement by the implied
owner of the charged land that he will repair and keep in repair proprietor o7
all buildings or other improvements erected and made upon the land charged.
land, and that the chargee may at all convenient times, until such

charge be satisfied, be at liberty, with or without surveyors or others,
to enter into and upon such land to view and inspect the state
of repair of such buildings or improvements.

PART IX.

POWERS OF ATTORNEY.

58. The proprietor of any land if not a minor, a lunatic, or a Formofpowe
person of unsound mind, may appoint any j^erson to act for him in o^ attorney.
respect of the transfer or other dealing with such land in accordance
with this Enactment by executing a power in the Form H contained
in the second schedule, and a duplicate or an attested copy thereof
shall be deposited with the Registrar, who shall enter in the register
a memorandum of the particulars therein contained and of the date
and hour of its deposit Avith him.

206

No. 13 OF 1911.

Form of revoca-
tion.

59. Any such power of attorney may be revoked by an instrument
of revocation in the Form I contained in the second schedule, and
after the registration of anj'^ revocation of the power the Registrar
shall not give effect to any transfer or other instrument signed
pursuant to such power unless signed under any then outstanding
registration abstract.

Form of regis-
tration abstract.

Transfer under

reijistration

abstract.

Dealings under
rcijistration
abstract to be
recorded.

PART X.
REGISTRATION ABSTRACT.

60. A Registrar, upon the application of any proprietor of land
situated within the State or registration district for which such
Registrar has been appointed, shall grant to such proprietor a
registration abstract in the Form J contained in the second schedule,
enabling him to transfer or otherwise deal with his land at any
place -without the limits of the State, and shall at the same time
enter in the register a memorandum recording the issue of such
registration abstract and shall endorse on the grant, certificate of
title, or other instrument evidencing the title of such a proprietor,
a like memorandum, and from and after the issuing of any such
registration abstract no transfer or other dealing in any way
affecting the land in respect of which such registration abstract is
issued shall be entered in the register until such abstract shall have
been surrendered to the Registrar to be cancelled, or the loss or
destruction of such abstract proved to his satisfaction.

61. Whenever any transfer or other dealing is intended to be
transacted under any such registration abstract, a transfer or other
instrument, as the case may require, shall be prepared in duplicate
in the form hereinbefore prescribed, and shall be produced to some
one of the persons hereinafter appointed as persons before whom
the execution of instruments may be proved, and upon a memorial
of such instrument being entered upon the registration abstract,
and authenticated by the signature of such authorized person as
aforesaid in manner hereinbefore directed for the entry of memorials
in the register, such instrument shall be held to be registered, and
such transfer or other dealing shall be as valid and binding to all
intents as if the same had been entered in the register by the Regis-
trar, and whenever a memorial of any instrument which has not
been endorsed upon the instrument evidencing title to the land
intended to be dealt with has been entered upon the registration
al)stract, such authorized person as aforesaid shall record the like
UKnuorial on the duplicate grant, certificate of title, lease, or other
instrument evidencing title as aforesaid, and the certificate of regis-
tration endorsed on the instrument of which the memorial has been
so entered and signed by such authorized person and sealed with
his seal shall be conclusive evidence that such instrument has been
duly registered.

62. Upon the delivery of such registration abstract to the
Registrar he shall record in the register, in such manner as to
preserve their priority, the particulars of every transfer or other
dealing recorded thereon, and shall file in the office the duplicates

REGISTRATION OF TITLES. 207

of every memorandum of transfer or other instrument executed
thereunder which may for that purpose be delivered to him, and
shall cancel such abstract and note the fact of such cancellation in
the register, and if such land or any part thereof be transferred
the grant or certificate of title shall be delivered up to the Registrar,
who shall thereupon proceed as is hereinbefore directed for the case
of a transfer of land.

63. Upon proof , at any time, to the satisfaction of the Registrar Power of Resis-
that any registration abstract is lost or so obliterated as to be useless, loss or oblttera-
and that the powers thereby given have never been exercised, then, tion of abstract.
upon proof of the several matters and things that have been done
thereunder, it shall be lawful for the Registrar, as circumstance
may require, either to issue a new registration abstract, as the case
may be, or to direct such entries to be made in the register, or such
other matter or thing to be done as might have been made or done
if no such loss or obliteration had taken place.

PART XI.

TRANSMISSIONS.

64. Whenever the proprietor of any land shall die, the repre- Proceedings in
sentative of the deceased proprietor shall, before any dealing propr'iltoTo^ °^
with sucli land, and subject to the provisions of Section 81 of the 'and.
Probate and Administration Enactments, 1904, make an appli-
cation in writing to the Registrar of the State or registration district

within which the land is situated to be registered as proprietor, and
shall produce to the Registrar the probate, letters of administration,
or certificate of representation, and thereupon the Registrar shall
enter in the register a memorial of the date of the probate, letters
of administration, or certificate of representation, the date and hour
of the production of the same to him, the date of the death of such
proprietor, when the same can be ascertained, and shall add the
words " as representative " after the name of the person to whom
such probate, letters of administration, or certificate of representa-
tion was granted, and upon such entry being made, the repre-
sentative shall, subject to the provisions of the Probate and
Administration Enactments, 1904, be deemed to be the proprietor of
such land or such part thereof as shall for the time being remain
undisposed of, and the Registrar shall note the fact of such regis-
tration by memorandum under his hand on the probate, letters of
administration, or certificate of representation : provided always
that the title of the representative to such land shall relate back
and take effect as from the date of the death of the deceased
proprietor.

65. Subject to this Enactment, and to the Probate and Ad- Land to be held
ministration Enactments, 1904, the land of any deceased pro- temsofwiii.
prietor disposed of by his will shall be held by the representative
according to the dispositions of such will, but these shall not be
registered, nor subject as aforesaid, shall any person dealing with

the said land have any concern with the same.

208

No, 13 OF 1911.

Registration of
representatives
of deceased as
proprietor of
charge or lease.

Representative
to hold property
subject to
trusts affecting
it.

How execution
sliall Ijinil land.

66. Whenever any charge or lease affecting land shall be
transmitted in consequence of the death of the proprietor thereof,
the probate, letters of administration, or certificate of representation,
accompanied by an application in writing from the representative
claiming to be registered as proprietor in respect of such charge
or lease, shall be produced to the Registrar, who shall thereupon
enter in the register, and on the instrument evidencing title to the
charge or lease transmitted, the date of the certificate of representa-
tion as aforesaid, the date and hour of the production of the same
to him, the date of the death of such proprietor, when the same
can be ascertained, with such other particulars as he may deem
necessary, and upon such entry being made the representative shall
be deemed to be the proprietor of such charge or lease, and the
Registrar shall note the fact of such registration by memorandum
under his hand on the certificate of representation.

67. Any person registered as the representative of a deceased
person shall hold the land in respect of which he is registered for the
purposes to which the same is applicable according to equity and
good conscience, and subject to any trusts upon which the deceased
proprietor held the same, but for the purpose of any registered
dealings with such land he shall, subject to the provisions of the
Probate and Administration Enactments, 1904, and of this Enact-
ment, be deemed to be the absolute proprietor thereof.

68. No execution or the notice of sale for the recovery of any
quit-rent due to the State shall affect any land until the Registrar
of the State or of the registration district within which such land is
situated shall be served with a copy of warrant of execution or notice
of sale, as the case may be, accompanied by a statement signed by
any party interested, or by his agent, or by the Collector, specifying
the land sought to be affected thereby, and shall, after marking
upon such copy the time of such service, enter a notice thereof in the
register. Such entry shall operate as a caveat against any alienation
other than in pursuance of the said warrant or notice of sale while
the same remains in force, and after any land so specified shall have
been sold under any such warrant or notice of sale the Registrar shall,
on receiving a transfer thereof in one of the Forms K (i), K (ii) , K (iii),
K (iv), and K (v) contained in the second schedule, make an entry
thereof in the register, and on such entry being made the purchaser
shall be deemed the proprietor of such land : provided that until
such entry of notice shall have been made as aforesaid no sale or
transfer under any such warrant or notice of sale shall bo valid as
against a purchasi^r for valuable consideration, notwithstanding
the purchaser had actual notice of such warrant or notice of sale.
Upon production to the Registrar of sufficient evidence of the satis-
faction of any warrant, a copy whereof shall have been served as
aforesaid, or of the; ])ayment of the arrear in respect of which the
notice of sale, or copy thereof, shall have been served as aforesaid, and
of the interest and expenses, he shall cause an entry to be made in th(^
register to that effect, and on such entry such warrant or notice of
sale sliall be deemed to be satisfied. Every such warrant or notice
of sale shall cease to aft'ect any land sjjecified as aforesaid unless a
transfer upon a sale under such warrant or notice of sale shall be

REGISTRATION OF TITLES.

209

registered Avithin six months from the clay on ^hich the copy is
served.

69. Whenever the Court shall have made any order preferring as Proprietor
proprietor of lands any person other than the registered proprietor gourt"^'' ^^
thereof, the Registrar, on being served Avith an office copy of such
order, shall enter in the register and on the grant or other instrument
evidencing title to the said land, the date of the said order, the date
and hour of its production to him, and the name and description of
the person in whom the said order shall purport to vest the said
land, and such person shall thereupon be deemed to be the proprietor
of such land, and unless and until such entry shall be made the said
order shall have no effectual operation.

Any person
interested in
land may lodge
a caveat.

PART XII.

CAVEATS.

70. (i) Any person claiming to be interested under any will,
settlement, or trust deed, or any instrument of transfer or trans-
mission, or under any unregistered instrument or otherv.ise howso-
ever in any land, or if such proprietor is a minor or of unsound mind
the guardian, next friend, or other person appointed by the Court to
act on behalf of the minor or person of unsound mind in the matter,
may lodge a caveat with the Registrar of the State or of the registra-
tion district within which such land is situated to the effect that no
disposition of such land be made either absolutely or in such manner
and to such extent only as in such caveat may be expressed, or until
notice shall have been served on the caveator or unless the instru-
ment of disposition be expressed to be subject to the claim of the
caveator as may be required in such caveat, or to any conditions
conformable to law expressed therein.

(ii) A caveat may be in the Form L contained in the second Form of caveat.
schedule, and shall be verified by the oath of the caveator or his
agent, and shall contain an address Avithin the State at which notices
may be served.

(iii) Upon the receipt of a caveat the Registrar shall make a Koticetobe
memorandum thereon of the date and hour of tl.e receipt thereof and ^^^^ ^° ca%eatee
shall enter a memorandum thereof in the register, and shall forth-
with send a notice of such caveat, through the post office or other-
wise, to the person against whose title such caveat shall have been
lodged, hereinafter called the caveatee.

(iv) So long as any caveat shall remain in force prohibiting the Effect of
transfer or other dealing with land, the Registrar shall not enter '^*^^*'-
in the register any memorandum of transfer or other instrument
purporting to transfer or otherwise deal A\ith or affect the land in
respect to which such caveat may be lodged.

(v) The proprietor or other person claiming land may, by
summons, call upon the caveator to attend before the Court to shew
cause why the said caveat should not be withdrawn, and it shall be
lawful for the Court, upon proof that such last-mentioned person has
been summoned, and upon such evidence as the Court may require,

II— U

Opposing

caveat.

210

No. 13 OF 1911.

Kemoval of
caveat.

Caveatee to
give address.

Extension of
time to
caveator.

Withdrawal of
caveat.

Hegistration of
withdrawal.

No second
caveat to be
lodged relating
to the same
matter.

Person wrong-
fully lodging
caveat to make
compensation.

to make such order in the premises, either ex parte or otherwise, as to
the Court shall seem fit. And where a question of right or title
shall require to be determined, the proceedings shall be followed as
nearly as may be in conformity with the rules of Court in relation to
civil causes.

(vi) Except in the case of a caveat lodged by the Registrar, the
caveatee may make application in writing to the Registrar to remove
such caveat, and thereupon the Registrar shall give twenty-one days'
notice in writing to the caveator requiring that the caveat be with-
drawn, and after the lapse of twenty-one days from the date of the
service of such notice at the address mentioned in the caveat, the
Registrar shall remove such caveat from the register by entering a
memorandum that the same is discharged, unless he shall have been
previously served with an order of the Court extending the time as
herein provided.

(vii) Such caveatee shall in such application give an address in the
State at which notices and proceedings may be served,

(viii) The caveator may, either before or after receiving such notice
from the Registrar, apply by summons to the Court for an order to
extend the time beyond the twenty-one days mentioned in such
notice, and such summons may be served at the address given in the
application of the caveatee, and it shall be lawful for the Court, upon
proof that the caveatee has been summoned and upon such evidence
as the Court may require, to make such order in the premises, either
ex parte or otherwise, as the Court shall think fit.

(ix) The caveator may, by notice in writing to the Registrar,
withdraw his caveat at any time, but such withdrawal shall not
prejudice the power of the Court to make an order as to payment by
the caveator of the costs of the caveatee incurred prior to the receipt
by the caveatee of notice in writing of the withdrawal of such caveat.

(x) An entry shall be made by the Registrar in the register of
the withdrawal, lapse, or removal of any caveat or of any order made
by the Court,

(xi) It shall not be lawful for the same person or for any one on
his behalf to lodge a further caveat in relation to the same matter,
but nothing herein contained shall prejudice the right of the
Registrar to enter or continue any caveat under the powers vested
in him by sub-section (i) (/) of Section 79.

(xii) Any person, other than the Registrar, lodging or continuing
any caveat wrongfully and without reasonable cause shall be liable
to make compensation to any person who may have sustained
damage thereby.

Attestation of
instruments.

PART XIII.

ATTESTATION OF INSTRUMENTS.

71. (i) Every signature to an instrument requiring to be registered
and to a power of attorney whereof a duplicate or an attested copy is
required to be deposited with the Registrar shall be attested by one
of the following persons :

REGISTRATION OF TITLES. 211

(a) Within the Federcatcd Malay States :

A Magistrate ;

A Registrar of Titles ;

A Collector of Land Revenue ; or

An Advocate and .Solicitor of the Supreme Court.

(b) In the Colony :

A Justice of the Peace ; or

An Advocate and Solicitor of the Supreme Court of the
Colony.

any British Possession other than the Colony :

A Notary Public ;

A Commissioner of the Supreme Court of Judicature

empowered to take affidavit in such Court ; or
The Mayor or Recorder or other Chief Officer of any City

or Municipal Corporation.

(d) In any other place :

The British Consular Officer ; or

Any person specially appointed by the Chief Secretary
to Government in that behalf,
(ii) In all cases where an official holding a seal of office shall attest seai.
any instrument he shall authenticate his signature by his official
seal.

PART XIV.
SPECIAL JURISDICTION OF COURT.

72. If any person shall be dissatisfied with any act, omission, Appeal to Conrt
refusal, decision, direction, or order of a Registrar, such person may
require such Registrar to set forth in writing under his hand the
grounds of such act, omission, refusal, direction, decision, or order,
and thereupon such person may apply to the Court by petition

setting forth the particulars and the grounds of his dissatisfaction,
and thereupon the Registrar shall be served with such petition, and
the Court shall have jurisdiction to hear the said petition, and the
Court shall make such order in the premises as the circumstances of
the case may require, and as to the costs of the parties who shall
appear upon such petition as the Court shall direct.

73. Whenever any question shall arise with regard to the perform- Eeference to
ance of any duties or the exercise of any of the functions by this Court on legai
Jlinactment conferred or imposed upon a Registrar, or in the exercise
of any of the duties of a Registrar, and question shall arise as to the
true construction or validity or effect of any instrument or as to the
person entitled, or to the extent or nature of the right or interest,
power or authority of any person or class of persons, or the mode in
which any entry ought to be made on the register or certificate of
title, or any doubtful or uncertain right or interest stated or dealt

from order of
Kegistrar.

points.

212

No. 13 OF 1911.

Cancellation
and correction
of instruments.

Powers of Court
in rase of
refusal to
deliver up
instrument for
cancellation or
correction.

Power of Court
to direct
lle^istrar.

with by such Registrar, it shall be competent for him to refer the
same to the Court as in the Form M contained in the second schedule,
and the Court may, if it sees fit, allow any of the parties interested to
appear before it and summon any other of such parties to appear
and shew cause, either personally or by agent, in relation thereto.
And if upon such reference the Court, having regard to the parties
apjDcaring before it, shall think proper to decide the question it shall
have power so to do or to direct any proceedings to be instituted for
that purpose, or at the discretion of the Court, and, without deciding
such question, to direct such particular form of entry to be made on
the register or certificate of title as under the circumstances shall
ajipear to be just.

74. In case it shall apjiear to the satisfaction of the Registrar
that an}^ grant, certificate of title, or other instrument has been issued
in error, or contains any misdescription of land or of boundaries, or
that any entry or endorsement has been made in error on any grant,
certificate of title, or other instrument, or that any such grant,
certificate, instrument, entry, or endorsement has been fraudulently
or wrongfully obtained, or that any such grant, certificate, or instru-
ment is fraudulently or \\a'ongfully retained, he may summon the
person to whom such grant, certificate, or instrument has been so
issued, or by whom it has been so obtained or is retained, to deliver
up the same for the purpose of being cancelled or corrected, as the
case may require, and in case such person shall refuse or neglect to
comply with such summons, or cannot be found, the Registrar may
apply to the Court to issue a summons for such person to appear
before the Court and shew cause Avhy such grant, certificate, or other
instrument should not be delivered ujd to be cancelled or corrected
as aforesaid, and if such person, when served with such summons,
shall neglect or refuse to attend before the Court at the time therein
appointed, it shall be lawful for the Court to issue a warrant author-
izing and directing the person so summoned to be apprehended and
brought before the Court for examination.

75. Upon the appearance before the Court of any person sum-
moned or brought by virtue of a warrant as aforesaid, it shall be
lawful for the Court to examine such person upon oath or affirmation,
and, in case the same shall seem proper, to order such person to
deliver up such grant, certificate of title, or other instrument as
aforesaid, and upon refusal or neglect by such person to deliver up
the same pursuant to such order, to commit such person to prison for
any period not exceeding six months, unless such grant, certificate of
title, or instrument shall be sooner delivered up, and in such case,
or in case such person shall have absconded so that a summons
cannot be served upon him as hereinbefore directed, the Court may
direct the Registrar to cancel or correct any certificate of title or
other instrument, or any entry or memorial in the register relating
to such land, and to substitute and issue such certificate of title or
other instrument, or make such entry as the circumstances of the
case may require , and the Registrar shall give effect to such order.

76. In any proceeding respecting any land or in respect of any
transaction or contract relating thereto, or in respect of any instru-
ment, caveat, memorial, or other entry affecting any such land, it

REGISTRATION OF TITLES. 213

shall be lawful for the Court, by order, to direct the Registrar to
cancel, correct, substitute, or issue any certificate of title, or make
any memorial or entry in the register, or otherwise to do such acts
or make such entries as may be necessary to give effect to the
judgment or order of such Court.

77. In the conduct of proceedings under this Enactment there Rules of
shall be the same rights of appeal, and the same rules of procedure ^ght ojuppeai,
and practice shall apjoly, as are in force or exist for the time being in

respect of proceedings of a similar nature in the Court in which such
proceedings may be taken, and the said Court shall have the power to
make such additional or altered rules and new or altered forms of
proceedings, and from time to time to repeal, alter, or vary the then
existing rules, and to make new rules and forms of proceedings for the
practice and procedure of the said Court in regard to matters under
this Enactment.

78. The Court shall have the power to fix and regulate from time Fees.
to time the fees payable upon all proceedings before the Court, and
until the Court shall otherwise order the fees payable shall be
according to the fees payable in resj)ect to proceedings of a similar
nature.

PART XV.
SPECIAL POWERS AND DUTIES OF REGISTRAR.

79. (i) Every Registrar may exercise the following powers in Powers of
addition to other powers conferred under this Enactment — that is ^^sistrar. ^
to say :

(a) He may require the proprietor of, or any other person Tocaiifor

interested in, any land in respect of which any transfer, °'^'™®^ ^•

transmission, or other dealing is about to be registered,

or registration abstract granted under this Enactment,

to produce any grant, certificate of title, charge, lease,

will, or other instrument in his possession or within his

control relating to such land, and the person so required

shall be legally bound to produce the same ;

(b) He may summon any such proprietor or other person as To summon

aforesaid to appear and give any information or explana- ^' "<^^^-
tions respecting such land or the instruments affecting
the title thereto, and the person so summoned shall be
legally bound to appear and give such information and
explanations as aforesaid, and if upon requisition in
writing made by the Registrar such proprietor or other
person refuses or wilfully neglects to produce any such
instruments, or to allow the same to be inspected, or
refuses or wilfully neglects to give any information or
explanation which he is hereinbefore required to give,
or knoAvingly misleads or deceives any person hereinbefore
authorized to demand any such information or explana-
tion, he shall be liable to the punishment provided,
respectively, in such cases by Sections 175, 176, and 177
of the Penal Code ; and the Registrar, if the instrument.

214

No. 13 OF 1911.

To enforce
summous.

To administer
oaths.

To make
corrections
in certificates
or iu the
register.

To enter
cavesft.

To mark
instrument
Iiroduced
to him.

To dispense
with the pro-
duction of
instrument.

information, or explanation so withheld appears to him
material, shall not be bound to proceed with the regis-
tration of such transfer or other dealing or with the
issuing of such registration abstract, as the case may be ;

mentioned, shall be in the Form N contained in the second
schedule, and may be enforced by him in like manner
and by the like j)roceeding and with the like penalty as
provided in Sections 74 and 75 for the case of any instru-
ment issued in error or wrongfully retained ;

(d) He may administer oaths and affirmations or take a

declaration in lieu thereof ;

(e) He may, upon such evidence as shall appear to him sufficient

in that behalf, correct errors in certificates of title or in the
register, or in entries made therein, respectively, and
may supjjly entries omitted to be made : provided always
that in the correction of any such error he shall not erase
or render illegible the original words, and shall affix the
date upon which such correction was made or entry
supplied with his initials, and every certificate of title so
corrected and every entry so corrected or supplied shall
have the like validity and effect as if such error had not
been made or such entry omitted, except as regards any
entry made in the register prior to the actual time of
correcting the error or supplying the omitted entries ;

(/) He may enter a caveat on behalf of the Ruler of the State
or on behalf of any person who may be under the disability
of infancy, lunacy, unsoundness of mind, or absence from
the State, to prohibit the transfer or dealing with any
land belonging or supposed to belong to the State or to
any such persons as hereinbefore mentioned, and also to
prohibit the dealing with any land in any case in which
it shall appear to him that an error has been made by
misdescription of such land, or otherwise, in any certificate
of title or other instrument, or for the prevention of any
fraud or improper dealing ;

{(/) He may mark or stamp any instrument produced to him
with a memorandum indicating such production and the
number distinguishing the application in reference where-
to the same was produced ;

(h) He may, if he shall see reasonable cause for so doing, dis-
pense with the production of any grant, certificate of title,
lease, or other instrument for the ])urpose of entering
the memorial by this Enactment re([uired to be entered
upon the dealing with land, and u])on the registration
of such dealing he shall notify in the memorial in the
register that no entry of such memorial has been made
on the duplicate grant or other instrument, and such
dealing shall thereupon be as valid and cfTcctual as if
such memorial had been so entered : provided always
that before registering such dealing the Registrar shall

REGISTRATION OF TITLES. 215

in such case require the party dealing to make an affidavit
or declaration that such grant or instrument has not
been deposited by way of lien or as security for any loan,
and shall give at least fourteen days' notice in the Gazette -
of his intention to register such dealing ;
{i) He may require the proprietor of any land desiring to To require a
transfer or otherwise deal Avith any land to deposit with bc^transferred
the Registrar a map or plan of such land with the several to be deposited
measurements marked thereon certified by a Surveyor witiihim.
to be approved of by him, and if the said land or the
portion thereof purposed to be transferred or dealt with
shall be of less area than one acre, then such map or
plan shall be on a scale not less than one inch to two
chains ; and if such land or the portion thereof about
to be transferred or dealt with shall be of greater area
than one acre, but not exceeding five acres, then such
map or plan shall be on a scale not less than one inch
to five chains ; and if such land or the portion thereof,
as aforesaid, shall be of greater area than five acres, but
not exceeding eight acres, then such map or plan shall
be on a scale not less than one inch to ten chains ; and
if such land or the portion thereof, as aforesaid, shall
be of greater area than eight acres, then such map or
plan shall be on a scale of one inch to twenty chains ;
and if such proprietor shall neglect or refuse to comply
wdth such requirement, it shall not be incumbent on the
Registrar to proceed with the registration of such
transfer or dealing : provided always that subsequent
sub-divisions of the same land ma.y be delineated on the
map or plan of the same so deposited, if such be upon a
sufficient scale in accordance with the provisions herein
contained, and the correctness of the delineation of each
such sub-division shall be acknowledged in manner
prescribed for the case of the deposit of an original map ;
{j) It shall be lawful for the Registrar to demand and receive To demand

the several fees specified in the third schedule, and to ^nd '^ceive fees.
perform the duties and authorize the acts for which fees
are specified therein,
(ii) Every Registrar shall keep a correct account of all such sums Begistrarto^^

of money as shall be received by him in accordance vAih. the pro- of mo^neys"

visions of this Enactment, and shall pay the same to the Treasurer received.

at such times and in such manner as may be directed by the Resident.

(iii) Every Registrar shall be deemed to be a public servant ^^g|?*^g*g^j.*°j)'j^

within the meaning of the Penal Code.

PART XVI.

MISCELLANEOUS PROVISIONS.

80. A lien may be created by deposit of the grant or certificate creation of Hen.
of title. The holder shall have the power at any time during the
existence of his lien to enter a caveat in manner set forth in
Part XII hereof to x^revent all dealing with the land,, and when

216

No. 13 OF 1911.

Kepreseutatives
of minors or o£
lunatics may
act as princi-
pals.

Several ccrtifl-
cates may be
combined ami
one issued, or
one may be
divided and
several issued.

Issue of
provisional
certificate iu
case of lost
grant or
certificate.

ho has obtained a judgment of the Court for the actual sum due,
he shall be entitled to apply for and obtain an immediate order of
sale of the land.

81. Where any person who, if not under disability, might have
made any application, given any consent, done any act, or been
party to any proceeding under this Enactment is a minor, idiot, or
lunatic, or of unsound mind, the representative of such person, or
if there be no representative then a person specially ajspointed by
the Court to represent such person for the purpose of this Enact-
ment, may make such application, give such consent, do such act,
and be party to such proceeding as such person, respectively, if
free from disability, might have made, given, done, and been party
to, and shall otherwise represent such person for the purpose of
this Enactment.

83. Upon the ajij^lication of any proprietor of land held under
separate grants or certificates of title or under one grant or certificate
of title, and the delivering up of such grant or grants, certificate or
certificates of title, it shall be lawful for the Registrar to issue to
such proprietor a single certificate of title for the whole of such land,
or several certificates each containing a portion of such land in
accordance \vith such application, and as far as the same may be
done consistently with any Enactment for the time being in force
respecting the parcels of land that may be included in one certificate
of title, and uj3on issuing any such certificate of title the Registrar
shall enter on the new certificate of title all the memorials to which
the piece of land shall be at the time subject, and shall cancel the
grant or previous certificate of title of such land so delivered up,
and shall endorse thereupon a memorandum setting forth the
occasion of such cancellation and referring to the certificate of title
so issued.

83. In the event of a grant or certificate of title of land being lost
or destroyed, the jiroprietor of such land, together with other
persons, if any, having knowledge of the circumstances, may make
a declaration stating the facts of the case, the names and descriptions
of the registered owners and the particulars of all charges and
other matters affecting such land and the title thereto to the best
of the declarant's knowledge and belief, and the Registrar, if satisfied
as to the truth of such declaration and the bond fides of the transac-
tion, may issue to the projjrietor of such land a provisional certi-
ficate of title of such land, which provisional certificate shall contain
an exact copy of the original grant or certificate of title bound up
in the register, and of every memorandum and endorsement thereon,
and shall also contain a statement why such provisional certificate
is issued, and the Registrar shall, at the same time, enter in the
register notice of the issuing of such provisional certificate and the
date thereof, and why it was issued, and such provisional certificate
shall be available for all purposes and uses for which the grant or
certificate of title so lost or destroyed would have been available
and as valid to all intents as such lost grant or certificate : provided
always that the Registrar, before issuing such provisional certificate,
shall give at least thirty days' notice in the Gazette of his intention
so to do.

REGISTRATION OF TITLES.

217

loclaration to
negative implieJ
agreements.

84. Any proprietor sub-clividing land for the purpose of selling creation of
the same in allotments as a township, shall deposit with the Registrar to^^siiip.
a map in duplicate of such township ; provided that such map shall
exhibit distinctly all roads, streets, passages, thoroughfares, squares,
or reserves appropriated or set apart for public use, and also all
allotments into which the said land may be divided, marked with
distinct numbers or symbols, and every such map shall be signed
b}' the proprietor or his agent, and certified as accurate by declara-
tion of a Surveyor to be approved of by the Registrar, made before
the Registrar or a Magistrate.

85. Every agreement and power to be implied in any instrument Express
]jy virtue of this Enactment may be negatived or modified by express
declaration in the instrument or endorsed thereon, and every such
implied agreement shall have the same force and effect and be
enforced in the same manner as if it had been set out at length in

such instrument, and Avhere any transfer or other instrument in
accordance Avith the provisions of this Enactment is executed by
more parties than one, such agreements as are by this Enactment
to be implied in instruments of a like nature shall be construed to
bind the parties severally.

86. The proprietor of any land or of any lease or charge shall, on Proprietors
the application of any beneficiary or j^erson interested therein, and used^i^any''^
on receiving proper indemnity, be bound to allow his name to be action upon
used by such beneficiary or person in any proceeding which it may of person
be necessary or proper to bring or institute in the name of such *"'^<^'^®*'^*='i-
proprietor concerning such land, lease, or charge, or for the pro-
tection or benefit of the title vested in such proprietor, or of the
interest of any such beneficiary or person.

87. No person other than an Advocate and Solicitor of the solicitors ana
Supreme Court, or a person licensed in that behalf by the Resident, onfyt^ansue'fo^r
shall be entitled to sue for or receive any fees, costs, or charges, ana recover
or have any right to set off am^ such fees, costs, or charges in any dwie under this
action brought against such person for work and labour done or Enactment.
money expended in reference to applications, transfers, instruments,

or other proceedings relating to and under the provisions of this
Enactment, or to have any lien or right to retain any paper or
writing which shall have come into his possession in reference to
any such proceedings. And for all work done by him under this
Enactment such person shall be entitled to charge the fees specified
in the fourth schedule,

88. Nothing contained in this Enactment shall take away or Jurisdiction of
affect the jurisdiction of the Court on the ground of actual fraud, court 'lot taken

89. No Registrar nor any person acting under the authority of a Registrar not
Registrar shall be individually liable to any action or proceeding ForTctdon"'^'''''
for or in respect of any act or matter bond fide done or omitted to under this

be done in the exercise or supposed exercise of the powers of this ™ ^ '

Enactment.

90. Whenever in any action or other proceeding affecting the Proof of transfer
title to land, it shall become necessary to determine the fact whether cous'idwation.
the transferee, chargee, or lessee is a purchaser or transferee for

218

No. 13 OF 1911.

valuable consideration or not, any person who shall be a party
to such action or other proceeding may give in evidence any transfer,
charge, lease, or other instrument affecting the title to such land,
although the same may not be referred to in the certificate of title
or may have been cancelled by the Registrar.

PART XVII.

PENALTIES.

Giving false
evidence or
concealing
evidence.

Offences.

Forgery of
name of officers.

Forged stamp.

Forcrcry of
iiaino of any
person.

Using forged
eeal.

91. If any person wilfully makes any false statement or declara-
tion in any dealing in land, or suppresses or conceals, or assists or
joins in, or is privy to the suppressing, withholding, or concealing
from the Registrar any material document, fact, or matter of
information, or wilfully makes any false declaration required under
the authority or made in pursuance of this Enactment, or if any
person, in the course of his examination before the Court or the
Registrar, wilfully or corruptly gives false evidence, or if any person
fraudulently procures, or is privy to the fraudulent procurement
of any certificate of title or instrument, or of any entry in the
register, or of any erasure or alteration in any entry in the register,
or knowingly misleads or deceives any person hereinbefore authorized
to require explanation or information in respect to any land or the
title to any land under the operation of this Enactment, or in
respect to which any dealing or transmission is proposed to be
registered, such person shall incur a penalty not exceeding two
thousand dollars, or may, at the discretion of the Court by which
he is convicted, be imprisoned with or without hard labour for
any period not exceeding three years.

92. If any person is guilty of the following offences or any of
them — that is to say :

(a) Forges, or procures to be forged, or assists in forging, the
seal of the Registrar, or the name, signature, or hand-
writing of any officer of the Registry Office in cases where
such officer is by this Enactment expressly or impliedly
authorized to affix his signature ;

{})) Stamps, or procures to be stamped, or assists in stamping,
any instrument or document with any such forged seal ;

(c) Forges, or procures to be forged, or assists in forging, the
name, signature, or handwriting of any person whomso-
ever to any instrument or document which is by this
Enactment or in pursuance of any power contained in
this Enactment exjjressh^ or impliedly authorized to be
signed by such person ;

{(l) Uses with an intention to defraud any person whomsoever
any instrument or document upon which any iinj)ression
or part of the impression of any seal of the Registrar has
been forged, knowing the same to have been forged,
or any instrument or document the signature to which
has been forged, knowing the same to have been forged ;

REGISTRATION OF TITLES.

219

(e) Fraudulently uses, or procures to be used, for any purpose FraurUiient use
the actual seal of the Registrar, in which case such f raudu- °^ *°'"^' ^*^^'-
lent use shall bo a like offence in all respects as a forgery
thereof ;
such offences shall be punished, at the discretion of the Court, by
imprisonment of either description not exceeding three years.

93. No proceeding or conviction for any act hereby made punish- conviction not
able shall affect any remedy which any person aggrieved or injured remed^*^ ^'^'^^'^
by such act may be entitled to against the person who has committed
such act, or against his estate.

First Schedule.
ENACTMENTS REPEALED.

State.

No. and

Short title.

Extent of

year.

repeal.

Selangor . ,

IV of 1891

The Registration of Titles
Regulation, 1891

The whole

Perak

18 of 1897

The Registration of Titles
Enactment, 1897

Paliang

29 of 1897

The Registration of Titles
Enactment, 1897

N. Sembilan

3 of 1898

The Registration of Titles
Enactment, 1898

„

Selangor . .

2 of 1898

The Registration of Titles
Amendment Enactment,

1898

))

Perak

11 of 1909

The Registration of Titles
Enactment, 1 897 .Amend-
ment Enactment, 1909

Selangor . .

14 of 1909

The Registration of Titles
Regulation, 1891, Amend-
ment Enactment, 1909

N. Sembilan

14 of 1909

The Registration of Titles
Enactment, 1 898, Amend-
ment Enactment, 1909

Pahang

14 of 1909

The Registration of Titles
Enactment, 1897, Amend-
ment Enactment, 1909

Perak

4 of 1909

The Registration of Titles
(Leases of State Land)
Enactment, 1909

Selangor . .

5 of 1909

Do.

N. Sembilan

4 of 1909

Do.

Pahang

9 of 1909

Do.

Perak

4 of 1904

The Probate and Adminis-

Sec. 81, sub-

tration Enactment, 1904

sec, (vii)

Selangor . .

4 of 1904

Do.

\ /

N. Sembilan

3 of 1904

Do.

Pahang

3 of 1904

Do.

220 No. 13 OF 1911.

Second Schedule.
FORMS.

Form A.

State of

Registration District of

Annual Quit-rent $

Certificate of Title.

,of [here insert description, and if certificate be used

pursuant to any transfer, reference to transfer] is now proprietor,
subject to such charges as are notified by memorandum written
hereon, and subject to the payment of the annual quit-rent of

$ , of that piece of land containing [here insert area] and

situated in the [here insert sufficient description to identify the land,
referring to map or diagram and to the original grant thereof].

In witness whereof I have hereunto signed my name and affixed
my seal.

[L.S.] Registrar of Titles.

[Endorse Memorandum of Charges.]

Form B.

State of

Registration District of

Annual Quit-rent $

Certificate of Title.
Register , Vol , Folio

of [here insert description and, if certificate be used pur-
suant to any transfer, reference to transfer] is now lessee for the

term expiring on of that piece of land containing [here insert

area] and situated in the [here insert sufficient description to identify
the land, referring to map or diagram and to the original lease
thereof] subject to such special conditions and such charges as are
notified by memorandum written hereon and subject to the payment
of the annual rent of %

In witness whereof I have hereunto signed my name and affixed
my seal this day of 19. .

Registrar of Titles.
[L.S.]
[Endorse Memorandum of Special Conditions and of Charges.]

REGISTRATION OF TITLES. 221

Form C.
[Stamp.]

Form of Transfer.

I, A.B., being registered as the proprietor (subject to such charges
as are notified by memorandum written hereon, and to the annual

rent of $ ) of all that piece of land containing [here state

area] or thereabouts, and situated in the [If the land to

be dealt with contains all that is included in an existing grant or
certificate, refer thereto for description and diagram ; otherwise
set forth the boundaries in chains, links, or feet, and refer to plan
delineated on the margin or annexed to the instrument, or deposited

in the ] in consideration of the sum of $ paid to me by

E. F., the receipt of which sum I hereby acknowledge, do hereby
transfer to the said E. F. all my right, title, and interest in the said
piece of land.

In witness whereof, I have hereunto subscribed my name, this

day of , 19. .

(Signature.)

Signed in the presence of

[Endorse Memorandum of Charges.]

Form D.

Form of Transfer of Charge or Lease.

I, C. D., the owner of a (charge or lease) of certain land, containing

acres, situated at , and known as and described

in the register of (Government grants or certificates of title), book

, folio , which said (charge or lease) is registered in

in consideration of the sum of S this day paid to me by

X. Y., of (the receipt of which sum I hereby acknowledge),

do hereby transfer to the said X. Y. the said (charge or lease, as
the case may be).

In witness whereof, I have hereunto subscribed my name, this

day of 19. .

CD. [Transferor.]

Accepted, X. Y. [Transferee.]

The signature C. D, was made in

my presence the day of

, 19. . , and I verily

believe that such signature is
of the proper handwriting of
the person described as C. D.

The signature X. Y. was made in

my presence the day of

, 19. . , and I verily

believe that such signature is
of the proper handwriting of
the person described as X. Y.

222 No. 13 OF 1911.

Form E.

[Stamp.]

Form of Lease.

I, A. B., being registered as the proprietor (subject to such charges
as are notified by memorandum written hereon, and to the annual

rent of S ) of that piece of land containing [here state area] or

thereabouts, and situated in [If the land to be dealt with

contains all that is included in an existing grant or certificate of
title or lease, refer thereto for description and diagram ; otherwise
set forth the boundaries in chains, links, or feet, and refer to apian
thereof on margin of or annexed to the lease, or deposited in the

] do hereby lease to E. F., of [here insert description] the

said piece of land to be held by him, the said E. F., as tenant, for the

space of years [here state the date and term] at the yearly

rental of $ , payable [here insert terms of payment of rent],

subject to the agreements and powers implied under " The Regis-
tration of Titles Enactment, 1911," (subject to the following modifi-
cations) [here set forth any modification].

I, E. F., of [here insert description], do hereby accept this lease
subject to the conditions, restrictions, and stipulations above set
forth or referred to.

(Signature of Lessee.)
(Signature of Lessor.)
Dated this day of 19 . .

Signed by the said Lessor in the presence of

Signed by the said Lessee in the presence of

[Endorse Memorandum of Charges.]

(For Form of Transfer of Lease, .see Form D.)

Form F (i).

Form of Charge.

I, A. B., being registered as the proprietor (subject to such charges
as are notified by memorandum written hereon, and to the annual

rent of $ ) of tiiat piece of land containing [here state area]

or thereabouts, and situated in [If the land to be dealt with

contains all that is included in an existing grant or certificate of
title or lease, refer thereto for description of parcels or diagram ;
otherwise set forth the boundaries in chains, links, or feet, and refer
to plan thereof on margin of or annexed to the charge, or deposited

in the ] in consideration of the sum of $ lent to me by

E.^^'.jOf [here insert description], (the receipt of which sum I do hereby
acknowledge), do hereby agree : First, that I will pay to him, the

said E. F., the above sum of $ on the day of ;

Secondly, that I will pay interest on the said sum at the rate of

$ by the $100 in the year, by equal payments of $

on the day of every month, the first of such payments to be

made on the day of next; Thirdly [here set forth

special stipulations, if any] ; And for the better securing to the said
E. F. the repayment in manner aforesaid of the principal sum and

REGISTRATION OF TITLES. 223

interest, I hereby charge the hxnd above described with such principal
sum and interest.

In witness whereof, I have hereunto signed my name this

day of , 19..

A.B.

Signed l)y the above-named A. B. in the presence of

[Endorse Memorandum of Charges.]

Form F (ii).

Form of Charge.

I, A. B., being registered as the proprietor (subject to such charges
as are notified by memorandum written hereon, and to the annual

rent of $ ) of tliat piece of land containing [here state area]

or thereabouts, and situated in [If the land to be dealt with

contains all that is included in an existing grant or certificate of
title, refer thereto for description of parcels and diagram ; otherwise
set forth the boundaries in chains, links, or feet, and refer to
plan thereof on margin of or annexed hereto, or deposited in the

] and desiring to render the said land available for the purpose

of securing to and for the benefit of C. D. the (sum of money, annuity,
or rent charge) hereinafter mentioned, do hereby charge the said
land for the benefit of the said C. D. with the (sum, annuity, or rent

charge) of 8 , to be raised and paid at the times and in the

manner following — that is to say, [Here state the times appointed
for the payment of the sum, annuity, or rent charge intended to
be secured, the interest, if any, and the events on which such sum,
annuity, or rent charge shaU become and cease to be payable, also
any special agreements or powers, and any modification of the
poAvers or remedies given to a chargee in " The Registration of
Titles Enactment, 1911 "] : And, subject as aforesaid, the said
C. D. shall be entitled to all j)owers and remedies given to a chargee
by "The Registration of Titles Enactment, 1911."

In witness whereof, I have hereunto signed my name, this

day of , 19. .

A. B.

Signed by the above-named A. B. in the presence of

[Endorse Memorandum of Charges.]

(For Form of Transfer of Charges, see Form D.)

Form G.

Form of Certificate to be given by Officer of Court on
THE Sale of Land at the Instance of a Chargee.

(Section 50.)

Whereas, upon the day of last it was ordered by a

Judicial Commissioner under the authority of " The Registration
of Titles Enactment, 1911," that the following lands — viz., [here

describe land] containing acres, or thereabouts, and being

the (whole or part) of the lands contained in the (grant or certificate

224 No. 13 OF 1911.

of title) registered in the register of , book , folio ,

should be sold by public auction, and whereas the said lands were

duly sold by public auction before me at on the day of

, 19. ., and whereas at such auction A. B. was the highest

bidder, and I caused the said lands to be knocked down to him

at the bid of $ (the receipt of which sum from the said A. B.

I hereby acknowledge) : Now I do hereby transfer the said land
to the said A. B., subject to the annual rent and charges hereunder
written.

Dated this day of , 19. .

Form H.

Form of Power of Attorney.

I, A. B. [insert addition], do hereby appoint C. D. [insert addition],
my attorney, to sell to any person all or any lands, leases, and charges,
whether now belonging to me or which shall hereafter belong to
me under or by virtue of "The Registration of Titles Enactment,
1911," or of which I am now or shall hereafter be the proprietor
under the said Enactment ; also to charge all or any such lands
or leases for any sum at any rate of interest ; also to lease any such
lands for any term of years, not exceeding twenty-one years in
possession, at any rent ; also to surrender or obtain or accept the
surrender of any lease in which I am or may be interested ; also
to exercise and execute all powers which now are or shall hereafter
be vested in or conferred on me as a lessee or chargee under the
said Enactment [or otherwise according to the nature and extent
of the powers intended to be conferred], and for me, and in my name,
to sign all such transfers and other instruments, and to do all such
acts, matters, and things as may be necessary or exjiedient for carry-
ing out the powers hereby given and for recovering all sums of money
that are now or may become due or owing to me in respect of the
premises, and for enforcing or varying any contracts, agreements,
or conditions binding upon any lessee, tenant, or occupier of the
said lands, or upon any other person in respect of the same, and for
recovering and maintaining possession of the said lands, and for
protecting the same from waste, damage, or trespass.

Dated this day of , 19. .

A. B.
Signed by the said A. B. in the presence of

Form I.

Form of Revocation.

1, A. B., of , hereby revoke the Power of Attorney given by

me to , dated the day of , 19. .

In witness whereof, I have hereunto subscribed my name, this

day of , 19. .

A. B.

Signed by the said A. B. in the presence of

Registration of titles. 225

Form J.

State of

Registration District of

Registration Abstract.

[Here insert copy of grant or certificate of title.]

Pursuant to the f)rovisions of "The Registration of Titles En-
actment, 1911," this registration abstract is issued for the purpose

of enabling , registered projjrietor of the land described in

the above-written grant (or certificate of title), to deal with the
above-described land at places without the limits of the said State,

and shall continue in force from the date hereof until the day

of , or until the same be surrendered to me for cancellation.

In witness whereof, I have hereunto signed my name and affixed
my seal this day of , 19. .

[L.S.] Registrar of Titles.

Form K (i).

Form of Transfer of Land under Warrant of Execution.

I, , the person appointed to execute the warrant herein-
after mentioned in pursuance of a warrant of execution dated the

day of , 19. . , and issued out of the Court in an action

wherein is the plaintiff and the defendant, which said

is registered as the proprietor of the land hereinafter

described, subject to the charges and to the annual rent notified

hereunder, do hereby, in consideration of the sum of S paid

to me, by E. F. [insert addition], transfer to the said E. F. all that
piece of land [here insert a sufficient description of the land, and
refer to the debtor's certificate of title or grant].

Dated the day of , 19. .

Signed by the said in the \

presence of J

Signed by the said E. F. in the \
presence of J

[Charges and Rent referred to.]
Form K (ii).

Form of Transfer of Lease or Charge under
Warrant of Execution.

I, the person appointed to execute the warrant herein-
after mentioned [or otherwise as the case may be], in pursuance of a

warrant of execution dated the day of , 19. . , and issued

out of the Court in an action wherein is the j^laintiff and

the defendant, which said is registered as the proprietor of a

lease (or charge, as the case may be) number of (or upon)

11—15

226 No. 13 OF 1911.

the land hereinafter described subject to the charges and rent
notified hereunder, do hereby, in consideration of the sum of $. . . .
paid to me by E. F. [insert addition], transfer to the said E. F. the

lease (or charge) granted by to and in favour of ,

of , dated the day of , to in or over [here describe

the land according to the description in the lease or charge, and refer
to the registered instrument].

Dated the day of 19. .

Signed by the said in the 1

presence of J

Signed by the said E. F. in the 1
presence of j

[Charges and Rent referred to.]
Form K (iii).

Form of Transfer of Land under Order of Court.

I, [insert name], in pursuance of an order of the Court dated

the day of , 19. . , and entered in the register ,

vol fol , hereby transfer to E. F. [insert addition],

subject to the charges and annual rent notified hereunder, all that
piece of land being [here insert a sufficient description of the land,
and refer to the certificate of title or grant].

Dated the day of , 19. .

Signed by the said in the

presence of

Signed by the said E. F. in the |

presence of j

[Charges and Rent referred to.]
Form K (iv).

Form of Transfer of Lease or Charge under Order

of Court.

I, [insert name], in pursuance of an order of the Court dated

the day of , 19. . , and entered in the register ,

vol , fol , hereby transfer to E. F. [insert addition],

subject to the charges and annual rent notified hereunder, the lease

(or charge, as the case may be) granted by in favour of

(or upon) all that piece of land [here insert description of the land
according to the description in the lease or charge, and refer to
the registered mstrumcnt].

Dated the day of , 19.. .

Signed by the said in the 1

presence of J

Signed by the said E. F. in the!
presence of J

[Charges and Rent referred to.]

REGISTRATION OP TITLES. 227

Form K (v).

Form of Transfer of Land by Collector on Sale for
Arrears of Land Revenue.

I, [insert name], Collector of Land Revenue of the district of

, in pursuance of a notice of sale under the provisions of

Section 73 of 'The Land Enactment, 1911," and entered in the

addition], subject to the charges and annual rent specified here-
under, all that piece of land [insert description of the land, and refer
to the certificate of title or grant].

Dated the day of , 19. .

Signed by the said in the "1

presence of J

Signed by the said E. F. in the)

presence of J

[Charges and Rent referred to.]

Form L.

Caveat forbidding Registration of or dealing with

Land.

To the Registrar of Titles of

Take notice that I, A. B., of [residence] [description], claiming
[here state the nature of the interest and the grounds upon which
such claim is founded] in [here describe land and refer to grant or
certificate of title] forbid the registration of or anj'' dealing with the
before-mentioned land until this caveat be withdrawn by the caveator
or by the order of the Court or of a Judicial Commissioner, or unless
such deaUng be subject to the claim of the caveator, or until after
the lapse of twenty-one days from the date of the service of notice
by the caveatee, at the following address :

Dated this day of , 19 . .

I, the above-named A. B. (or C. D.), of [residence and descrip-
tion] (agent for the above A. B.), make oath (or affirm, as the case
may be) and say that the allegations in the above caveat are true
in substance and in fact (or, if no personal knowledge, as I have been
informed and verily believe).

Sworn, etc.

Form M.

In the Court of

[Date.]

In the matter of the Registration of Transfer (or as the case may
be) A. B. to C. D.

The Registrar, under Section 73 of "The Registration of Titles
Enactment, 1911," hereby humbly refers the following matter to

228

No. 13 OF 1911.

the Court, to wit : [Here state briefly the difficulty which has
arisen].

The parties interested, so far as the Registrar knows or has been
informed are, [here give names].

[L.S.]

Registrar of Titles.

Form N.

Summons.

In the matter of " The Registration of Titles Enactment, 1911."

A. B. [insert addition] is hereby summoned to appear before me

at the on the day of , 19 . . , at of

the clock in the (fore or after) noon, then and there to be examined

at the instance of C. D. [insert addition] concerning , and the

said A. B. is hereby required to bring with him and produce at the
time and place aforesaid [describe documents], and all other writings
and documents in his custody or power in anywise relating to the
premises.

Given under my hand the day of , 19. .

Registrar of Titles.

Third Schedule.

FEES PAYABLE FOR THE PERFORMANCE OF THE
SEVERAL ACCOUNTS, MATTERS. AND THINGS HEREIN
SPECIFIED.

% c.

1 . Registration of grant or lease

2. For every certificate of title or provisional certificate

3. Registering transfer or charge

4. Registering transfer or discharge of charge

5. Registering surrender of lease

6. Registering certificate of representation

7. For every power of attorney

8. For every revocation thereof

9. For every registration abstract . .

10. For cancellation thereof . .

11. Noting caveat

12. Cancellation or withdrawal of caveat

13. For every service of notice

14. For every search

15. For every general search . .

16. For every instrument declaratory of trusts and i

every will or other instrument deposited

17. For registering recovery by proceeding in law, or re

entry by lessor . .

18. For entering notice of writ or order of Court . .

19. Taking declaration in case of lost grant or other instru-

ment or wher(> production of duplicate is dispensed

with 2 00

. 1

. 2

. 1

r
.

REGISTRATION OF TITLES. 229

$ c.

20. Taking affidavit or statutory declaration . . . . 1 00

21. For certified copy, for every folio of one hundred words

each . . . . . . . . . . . . . . 25

22. When any instrument purports to deal with land in-

cluded in more than one grant or certificate for each
registration memorial after the first . . . . . . 25

Fourth Schedule.

FEES TO BE CHARGED UNDER SECTION 87.

Advocates and Solicitors and licensed agents under Section 87
shall have the right to charge the following fees for the services
undernoted, and these fees shall be in full for all meetings, letters,
consultations, drafts, enquiries, duplicates, and engrossing in relation
to the several matters treated of :

r half per cent, upon the

1. Transfer of land or charge on land sHeTalion Itated' in 'the

^ instrument

$ c.

2. Lease . , . . . . . . . . . . . . 5 00

3. Transfers of charge or lease . . . . . . . . 5 00

4. Obtaining registration abstract . . . . . . . . 5 00

5. For filling up and entering caveat . . . , . . 2 50

ENACTMENT NO. 15 OF 1911.

Preamble.

Short title and
commence-
ment.

Bepeal.

Meaning of
Poisons.

Poisons.

As amended by Fed. E. 11 of 1914.

An Enactment to regulate the possession and sale of
Poisons.

Arthur Young,

President of the Federal Council.

[24th November, 1911.
1.5^ June, 1912.;

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

1. (i) This Enactment may be cited as " The Poisons Enactment,
1911," and shall come into force on the 1st day of June, 1912.

(ii) On the coming into force of this Enactment the Enactments
specified in the schedule shall be repealed : provided that such repeal
shall not affect the validity of any license duly issued under any of
the Enactments so repealed nor the operation of any rules made
under any such Enactment so long as such rules shall not have been
expressly rescinded or revoked and in so far as such rules are not
inconsistent with the provisions of this Enactment.

2. (i) The several substances named or described in the next
sub-section and such other substances as may from time to time be
declared by the Chief Secretary to Government, by notification in the
Gazette, after consultation with the Principal Medical Officer,
Federated Malay States, and the Residents of the several States, to
be fit and proper to be classed as poisons and to be subject as regards
possession and sale to the provisions of this Enactment shall be
deemed to be poisons for the purposes of this and any other Enact-
ment for the time being in force.

(ii) The following substances are poisons :

(1) All preparations of antimony except antimony sulphide ;

(2) All preparation of mercury excej)t cinnabar ;

(3) All vegetable alkaloids and preparations thereof except

(a) Those of the quinine and chinchonine group ;

(6) Caffein;

(4) All preparations of and all natural or manufactured j^roducts

which contain any of the folloAving— viz. :

Aconitine Helleborin

Antiarine Hyoscyamine

Atropine Physostigmine or Eserine

Brucine Strophanthin

Conine Strychnine

Curarine Veratrine
Digitalcin

230

POISONS.

231

(5) Arsenic and all preparations thereof ;

(6) Cannabis indica and all preparations thereof ;

(7) Cantharides and all preparations thereof ;

(8) Carbolic acid ;

(9) Chloroform and Chloral ;

(10) Croton oil ;

(11) Ergot of rye and all preparations thereof ;

(12) H3^drocyanic acid and all cyanides ;

(13) Lead acetate ;

(14) Oxalic acid and all other oxalates ;

(15) Phosphorus ;

(16) Savin ;

(17) Henbane or Stramonium ;

(18) All analogues of any of the above-named substances.

3. On and after the commencement of this Enactment no person poisons not to
shall except as hereinafter provided without a license for that byf°cmler^*
purpose issued under this Enactment or under one of the Enact- persons.
ments hereby repealed nor otherwise than in accordance with the

terms of such license sell or keep for sale or expose or offer for sale
any poison.

4. The Principal Medical Officer, Federated Malay States, and any Power to issue
Medical Officer appointed by him with the approval of the Resident ucei^es.'^'^

of any State to be a licensing officer under this Enactment in and for
such State or in and for any specified district or districts in such
State may issue to such persons as he may think fit licenses to sell
and to keep, offer and expose for sale within the State or district
specified in the license poisons or any particular poison or poisons
and may at any time, if it shall appear to him expedient, revoke and
cancel any such license issued by him or by his predecessor in office,
but every such revocation or cancellation shall be subject to appeal
to the Resident of the State in or for which the license was issued,
who may, if he thinks fit, with the approval of the Chief Secretary to
Government, direct a fresh license to be issued in its place to the
licensee Avith or without further payment either to the same effect as
the license which has been cancelled or revoked or subject to such
further conditions or limitations as the Resident with the like
approval may think proper.

5. Such licenses may be either ^^^^^^^ ^i^^
(a) wholesale licenses to sell and keep, expose and offer for sale °^ license.

the poisons specified in such license ;

(6) retail licenses to sell and keep, expose and offer for sale
the poisons specified in such license ; or

6. Every license issued under this Enactment shall be subject to Licenses may
such special conditions and limitations as the Principal Medical subject to
Officer or the licensing officer, with the approval of the Principal gPnaulons.
Medical Officer, may think fit to attach thereto, subject, however, in

all cases to appeal to the Resident of the State in or for which the

232

No. 15 OF 1911.

General
conditions of
licenses.

Fees.

Registers of
licenses.

Publication of
list of persons
licensed.

license is issued, but all such special conditions and limitations not
set out in this Enactment shall be entered in writing on the license
and initialled by the officer b}^ whom the license is granted.

7. (i) There shall be implied in every license issued under this
Enactment the condition that the licensee is bound to comply

(a) with all the terms and conditions set out in the license ;

(b) with all the provisions of this Enactment ;

time be made under this Enactment.

(ii) Every license issued under this Enactment shall be personal to
the licensee or licensees named therein and shall not in any case be
transferable to another person, and no license shall authorize the
sale of any poison by any person other than the person or persons
named therein otherwise than in the presence and under the im-
mediate direction and control of the licensee or one of the licensees.

(iii) Every license shall, unless previou.sly revoked or cancelled
under Section 4, continue in force until the 31st December in the
year in respect of which it is issued and to no later date.

8. There shall be payable in respect of every license issued under
this Enactment such fee as shall from time to time be prescribed
by rule under this Enactment but such fee shall not exceed five
dollars for each person named as a licensee in the license.

9. (i) Every licensing officer shall keep a register of licenses
issued by him in which every license shall be numbered consecu-
tively, as of the year in respect of which it is issued, commencing
with the number (1). Such register shall shew the particulars of
every license including the particulars of any special conditions or
limitations imposed under Section 6 of this Enactment, and there
shall be noted therein in the event of the revocation or cancellation
of any license the date of such revocation or cancellation.

(ii) Every licensing officer shall as soon as conveniently may be
after any entry is made in such register forward to the Principal
Medical Officer a true copy of the entry,

(iii) Any office copy or extract from a register kept under this
section certified by a licensing officer under his hand to be a true
copy or extract shall be evidence in the facts recorded therein.

10. (i) The Principal Medical Offic(>r shall in or about the month
of February in each year and more often if he shall think necessary
cause to be printed and published in the Gazelle correct lists of all
persons licensed under this Enactment with the nature of the license
or licenses granted to each such person and the State or States or
the district or districts in and for which each license has been granted.

(il) In such lists the names of licensees shall be arranged in
alphaljetical order according to the surname or seh in the case of
persons using a surname or seh and in the case of others according to
the personal name, Avhich must in the latter case be followed by the
name of the father of the licensee. The lists must also shew the
place or places of business of the Ucensee and his residence if different.

POISONS. 233

(iii) Every list so published over the name of the Principal
Medical Officer shall be evidence that the persons therein named are
licensed under this Enactment as therein stated and the absence of
any name from such list shall entitle any Court or person to presume
until the contrary has been proved that such person is not licensed
under this Enactment.

11. Licenses under this Enactment may be in any of the forms Form of
contained in the second schedule with such variations as circum-
stances may require or in any such form as may from time to time

be prescribed by rules under this Enactment.

12. (i) It shall be lawful for the Principal Medical Officer and Power to search,
any licensing officer and any Medical Officer authorized in writing by an^ lo^ec?'
the Principal Medical Officer or by a licensing officer and for any books.
officer of Police not below the rank of Inspector to enter at all
reasonable times upon any premises in the occupation of a licensee

in which poisons are kept or stored and by himself or some other
person accompanjdng him and acting under his instructions and in
his presence to search such premises and to take samples of any sub-
stance found therein reasonably believed to be or to contain a poison
and it shall be lawful further for any such officer in the like manner to
inspect and take extracts from any book or record relating or reason-
ably believed to relate to any dealing in or with poisons wherever and
by whomsoever kept and whether kept under the provisions of this
Enactment or of any rules made under this Enactment or otherwise
and for the purpose of such inspection or taking of extracts to enter
at all reasonable times upon any place whatsoever.

(ii) Any Magistrate may by warrant addressed to any police officer search
not below the rank of corporal or to any chandu officer or officer of ^^"■^°^'
customs empower such officer to enter upon and search by day or
night any premises within the jurisdiction of such Magistrate in any
case in which it shall appear to such Magistrate upon the oath of any
person that there is reasonable cause to believe that in such
premises is concealed or deposited any article in respect of which an
ofifence has been committed against this Enactment and to take
possession of any such article and to arrest any person being in such
premises in Avhose possession such article may be found or by whom
the said officer may have good and sufficient reason to suspect that
such article has been concealed or deposited therein, and any officer
to whom such warrant may be directed may in case of obstruction
or resistance break open any outer or inner door of such premises and
any chests, trunks, or packages, and by force, if necessary, enter upon
any part of such premises and remove any obstruction to such entry,
search, or seizure and detain any person found in such premises until
the search has been completed,

13. (i) No person whether licensed under this Enactment or not storage of poi-
shall knowingly keep or have in his possession or under his control ^°'^'

any poison otherwise than

(a) in an unbroken case or package as received from the manu-

facturer ; or

(b) in a bottle, vessel, or other receptacle distinctly labelled with

the name of the substance contained therein and also some
distinctive mark indicating that it contains poison.

234 No. 15 OF 1911.

(ii) No person shall knowingly sell or keep any poison or sub-
stance containing poison for sale or for dispensing purposes except
either

(a) as provided in sub-section (i) (a) ; or

(b) in a bottle or other vessel tied over, capped, locked, or other-

wise safely secured in a manner different from that in
which bottles or vessels containing non-poisonous sub-
stances are secured in the same warehouse, shop, or
dispensary ; or

from the bottles or vessels in which non-poisonous sub-
stances are kept in the same warehouse, shop, or dispensary ;
or

(d) in a bottle, vessel, box, or package kept in a room or cupboard

under lock and key set apart for the keeping or storage of

dangerous articles,
(iii) No person shall sell or dispense or deliver to any other person
any poison or any liniment, embrocation, lotion, or liquid disinfectant
containing poison except such poison or article containing poison is
enclosed in a bottle or other vessel rendered distinguishable by touch
from ordinary medicine bottles or vessels, and labelled " Poison "
and in the case of any liniment, embrocation, lotion, or liquid disin-
fectant containing poison there is also affixed to each such bottle
or vesssel in addition to the name of the substance or article con-
tained therein and the instructions for its use a label indicating
that the contents are not to be taken internally.

Buies. 14. (i) In each State the Resident may from time to time, with

the approval of the Chief Secretary to Government, make rules not
inconsistent with the provisions of this Enactment for the purpose
of regulating the importation, manufacture, possession, and sale of
poisons in that State and generally for giving effect to the purposes
of this Enactment and in particular

(a) for regulating the form and manner of issue of licenses

under this Enactment, the fees to be charged therefor
and special conditions to be attached to any particular
class of licenses ;

(b) for prescribing the books to be kept by holders of licenses

under this Enactment, the entries to be made therein,
and the time and manner of making such entries ;

or place in which articles of food are prepared, kept,
cooked, sold, or exposed or offered for sale ;
{(i) for prescribing the marks to be placed or made on vessels,
bottles, cases, and on the covering of cases in \\'hich any
poison is kept, stored, sold, or in any way dealt with ;

(e) for fixing the quantity of any ]ioison the sale of which shall

be deemed a wholesale transaction.

(ii) All rules made under this section shall be laid on the table of
the Federal Council at the next meeting after they are made and
may be disallowed or amended by resolution of that Council,

POISONS. 235

15. The Chief Secretary to Government, after consultation with Powers of
the Principal Medical Officer and the Residents of the several States, e««p«°»-
may from time to time by order published in the Gazette exempt

from the operation of this Enactment or of any specified provision
of this Enactment or of the rules or of any portion of the rules
made under this Enactment —

(a) Any specified persons or class of persons ;

{})) Any mixture or preparation (not being a preparation which
is itself a poison under the provisions of this Enactment)
which contains one or more poisons but in so small a
proportion as not to be dangerous to human life ;

(d) Any liquid commonly used as a beverage ;

(e) Any chemicals commonly used for any process in connection

with a trade manufacture or industry ;

but every such exemption shall be subject to such limitations and
conditions as the Chief Secretary may think fit to impose either
generally or in any particular case.

16. (i) Any person who acts in contra^vention of any of the pro- Penalties,
visions of this Enactment or of any rule made thereunder except

in so far as his act comes within one of the exemptions made under
the last preceding section shall be liable on conviction to a fine not
exceeding five hundred dollars and to imprisonment in default for
a term not exceeding six months, and if such person is a person
licensed under this Enactment to sell poisons or if the act or omission
charged is of such a nature as in the opinion of the Court before
whom he is tried to amount to culpable negligence likely to endanger
or which did in fact endanger human life then to a fine not exceeding
two thousand five hundred dollars and to imprisonment in default
for a term not exceeding twelve months or to imprisonment for a
term not exceeding twelve months or to both.

(ii) In every case in which a conviction is had under this Enact-
ment all poisons and all substances containing poison in respect of
which the offence Avas committed and the receptacles in which the
same were contained shall be forfeited and shall be disposed of as
the Principal Medical Officer or the licensing officer for the district
shall direct.

(iii) Every jienalty and forfeiture imposed under this Enactment
shall be in addition to and not in substitution for any other penalty
to which the accused may be liable under any other law and no
conviction under this Enactment shall be pleaded in any civil
proceedings in mitigation of damages claimed against the person
convicted.

(iv) The abetment of any offence punishable under this Enact-
ment shall be punishable with the same penalty as the offence.

17. All convictions, penal ties, and forfeitures under this Enactment jurisdiction.
may be had and recovered before any Magistrate of the First Class.

18. (i) The Principal Medical Officer, any licensing officer, and prosecutions.
any person authorized in Avriting by one of the said officers may

236

No. 15 OF 1911.

appear and be heard in the prosecution of any offence punishable
under this Enactment in any Court, but no prosecution shall be
instituted under this Enactment without the sanction in writing of
the Principal Medical Officer, the Resident of the State, or the
licensing officer of the State or district in Avhich the offence is alleged
to have been committed.

(ii) In all prosecutions under this Enactment the onus of proof
that any poison found in the possession of the accused is not kept
for sale shall be ui)on the accused.

First Schedule.
ENACTMENTS REPEALED.

State.

No. and

Short title.

Extent of
repeal.

year.

Perak

25 of 1907

The Poisons Enactment,
1907

The whole

Selangor

231 of 1907

Do.

N. Sembilan . .

20 of 1907

Do.

5 J

Pahang

2 of 1908

The Poisons Enactment,

1908

Second Schedule.
Form A.— WHOLESALE LICENSE.

" The Poisons Enactment, 1911."

License is hereby granted to of carrying on business

at and residing at to sell wholesale the under-mentioned

poisons

This license is issued subject to the provisions of " The Poisons
Enactment, 1911," and of all rules made thereunder and to the
following conditions — viz

This license takes effect from the day of 19.. and

expires on the 31st December of that year.

Dated at this day of 19. .

Licensing Officer.

Form B.— RETAIL LICENSE FOR PARTICULAR POISONS.

''The Poisons Enactmemt, 1911."

License is lusreby granted to of carrying on business

at and residing at to sell by retail the under-mentioned

poisons

1 E. II of 1914.

POISONS. 237

This license is issued subject to the provisions of " The Poisons
Enactment, 1911," and of all rules made thereunder and to the
following conditions —viz

This license takes effect from the day of 19. .and

expires on the 3lst December of that year.

Dated at this day of 19 . .

Licensing Officer.

Form C— GENERAL LICENSE FOR SALE OF POISONS.

" The Poisons Enactment, 1911."

License is hereby granted to of carrying on business

at and residing at to sell poisons wholesale and by

retail subject to the provisions of " The Poisons Enactment, 1911,"
and of any rules thereunder and to the following special conditions

This license takes effect from the day of 19.. and

expires on the 31st December of that year.

Dated at this day of 19 . .

Licensing Officer.

ENACTMENT NO. 1 OF 1912.

An Enactment to consolidate and amend the Law relating
to Powers of Attorney.

Short title and
commence-
ment.

Eepeal.

Attestation of
powers of
attorney.

Deposit of
power of
attorney.

Translations.

Arthur Young,

President of the Federal Council.

[21st September, 1912.
27th September, 1912.

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

1. (i) This Enactment may be cited as " The Powers of Attorney
Enactment, 1912," and shall come into force on the publication
thereof in the Gazette.

(ii) On the coming into force of this Enactment the Enactments
specified in the schedule to this Enactment shall be repealed.

2. No instrument purporting to create a power of attorney exe-
cuted either before or after the commencement of this Enactment
shall have any validity to create such power within the Federated
Malay States unless the execution of the instrument be verified by
the attestation of one or more witnesses.

3. (i) Except as hereinafter provided no instrument purporting
to create a power of attorney shall, after the commencement of this
Enactment, have any validity to create such power within the
Federated Malay States until

{a) such instrument, or

[b) if such instrument be registered in the Colony, an office

copy thereof, or

may be, duly compared therewith and marked by the
Registrar, Assistant Registrar, or Deputy Registrar with
the words " true copy,"

has been deposited in the office of a Registrar or Assistant Registrar
or Deputy Registrar of the Supreme Court.

(ii) If the instrument so deposited or whereof an office copy or
true copy is so deposited is in any language other than English or
Malay there shall also at the same time be deposited a translation
into English thereof certified by an interpreter attached to the
Court qualified to interpret in the language in which the instrument
is written, or if there be no such interjireter a translation into
English verified by a statutory declaration of some person qualified
to translate from the language in which the instrument is written
into H]nglish to th(; effect that such translation is to the best of his
knowledge and belief a true translation.

238

POWERS O^ ATTORNEY. 239

(iii) There shall be payable in respect of the deposit of documents Fees.
under this section such fees as may from time to time be prescribed.

(iv) The provisions of sub-section (i) shall not apply to instru- Exception.
ments executed and used for the sole purpose of carrying out
transactions in the office of a Registrar of Titles or a Collector of
Land Revenue or a Warden of Mines ; provided they are attested
in accordance with the law for the time being in force regarding
the attestation of such instruments.

4. Every instrument purporting to create a power of attorney Revocation.
which has been, or of which an office copy or a true copy has been,
deposited in the office of a Registrar or Assistant Registrar or
Deputy Registrar of the Supreme Court, in accordance with the
provisions of Section 3 whether before or after the commencement

of this Enactment shall, so far as the said instrument is valid and
so far as may be compatible with the terms of such instrument,
continue in force until notice in wTiting of the revocation thereof
by the donor, or of the renunciation thereof by the donee, has been
deposited in every office in which the instrument or an office copy
or a true cojjy thereof has been so deposited or either the donor or
the donee has died or the donee has become of unsound mind,
or the donor has been adjudicated an insolvent or of unsound
mind or a receiving order has been made against him in bankruptcy.

5. (i) If a power of attorney, given for valuable consideration, provisions in
is in the instrument creating the power expressed to be irrevocable, pu^°^s°er^jn th
then, in favour of a purchaser, case of powers

of attorney

(a) the power shall not be revoked at any time, either by given for

anything done by the donor of the power A\ithout the consfderation.
concurrence of the donee of the power, or by the death,
marriage, lunacy, unsoundness of mind, or bankruptcy
of the donor of the power ; and

(b) any act done at any time by the donee of the power, in

pursuance of the power, shall be as valid as if anything
done by the donor of the jDOwer without the concurrence
of the donee of the power, or the death, marriage, lunacy,
unsoundness of mind, or bankruptcy of the donor of the
power, had not been done or happened ; and

at any time be prejudicially affected by notice of anything
done by the donor of the j)Ower, Avithout the concurrence
of the donee of the power, or of the death, marriage,
lunacy, unsoundness of mind, or bankruptcy of the donor
of the power.

(ii) This section applies to powers of attorney created by instru-
ments executed either before or after the commencement of this
Enactment.

_ Provisions in

D. (i) it a power of attorney, whether given for valuable con- favour of a
sideration or not, is in the instrument creating the power expressed c£^e of^powera ^
to be irrevocable for a fixed time therein specified, then, in favour e^rS to be

of a purchaser, irrevocable for

a fixed time.

240

No. 1 OF 1912.

Payment by
attorney under
power without
notice of death,
etc., good.

OfRce copies.

{a) the power shall not be revoked, for and during that fixed
time, either by anything done by the donor of the power
without the concurrence of the donee of the power, or
by the death, marriage, lunacy, unsoundness of mind,
or bankruptcy of the donor of the power ; and

{b) any act done within that fixed time, by the donee of the
power, in pursuance of the power, shall be as valid as if
anything done by the donor of the power without the
concurrence of the donee of the power, or the death,
marriage, lunacy, unsoundness of mind, or bankruptcy
of the donor of the power, had not been done or happened ;
and

(c) neither the donee of the power, nor the purchaser, shall at
any time be prejudicially affected by notice either during
or after that fixed time of anything done by the donor
of the power during that fixed time, without the con-
currence of the donee of the power, or of the death,
marriage, lunacy, unsoundness of mind, or bankruptcy
of the donor of the power within that fixed time.

(ii) This section applies to powers of attorney created by in-
struments executed after the commencement of this Enactment.

7. (i) Any person making or doing any payment or act in good
faith in pursuance of a power of attorney shall not be liable in
respect of the payment or act by reason, that before the payment
or act the donor of the power had died or became lunatic or of un-
sound mind or bankrupt or had revoked the power if the fact of
death, lunacy, unsoundness of mind, bankruptcy, or revocation
was not at the time of the pajonent or act known to the person
making or doing the same.

(ii) But this section shall not affect any right against the payee
of any person interested in the money so paid and that person shall
have the like remedy against the payee as he would have had against
the payer if the payment had not been made by him.

(iii) This section applies only to payments and acts made and
done after the commencement of this Enactment.

8. A separate file of documents deposited in accordance with
Section 3 shall be kept by every Registrar, Assistant Registrar, and
Deputy Registrar who shall enter in a register kept for that purpose
short particulars of each such document together with any subse-
quent revocation or other determination thereof of which he shall
have had notice, and any person may during the usual office hours
upon payment of a fee of twenty-five cents search such register
and file and inspect any document so deposited, and an office copy
of such document shall be delivered out to him on request and on
payment of a fee of fifteen cents per folio of one hundred words or
part thereof.

9. A copy of any document so deposited may be presented at the
office at which such document is deposited and may, after verifica-
tion and on payment of a fee of one dollar or such less fee as may
from time to time be prescribed, be marked by the Registrar,

POWERS OP ATTORNEY.

241

Assistant Registrar, or Deputy Registrar as an office copy and when
so marked shall become and be an office copy of such document.

10. An office copy of any document deposited in accordance with office copies as
Section 3 shall, when marked as provided in the last preceding
section, be without further proof sufficient evidence of the contents

of such document and of the deposit thereof in the office of the
Registrar, Assistant Registrar, or Deputy Registrar.

11. Every Registrar, Assistant Registrar, and Deputy Registrar searches.
shall, upon application whether made orally or in writing by any
person desirous of obtaining information respecting any specified
document deposited in the office of such Registrar, Assistant Regis-
trar, or Deputy Registrar or as to the deposit or otherMise of a docu-
ment of any specified tenor and on payment of a fee of one dollar

or such other fee as may from time to time be prescribed, furnish
to the best of his ability to such person the information applied
for : provided always that any copy of a document supplied for
the purpose of furnishing such information shall be paid for
separately under Section 8.

12. On or before the fifth day of every month every Assistant Monti.iy
Registrar and Deputy Registrar shall transmit to the Registrar ^^t"™*-
of the Supreme Court at Kuala Lumpur, and if the Resident of

any State shall so direct then also to such office in that State as
the Resident may from time to time order, a verified copy of the
entries made in his register during the preceding month.

13. The Chief Secretary to Government may from time to time Fees.
and subject to the provisions of Section 9, by notification published

in the Gazette prescribe the fees to be charged under this Enactment.

Schedule.
ENACTMENTS REPEALED.

State.

No. and year.

Short title.

Perak

13 of 1900

The Powers of Attorney Enactment,
1900

Selangor . .

17 of 1900

Do.

N. Sembilan

18 of 1900

Do.

Pahang

2 of 1901

The Powers of Attorney Enactment,

1901

11— IG

Short title.

Commence-
ment.

Repeal,

Interpretation
of terms.

ENACTMENT NO. 2 OF 1912.^

An Enactment to make provision for proceedings in
Bankruptcy.

Arthur Young, [21st September, 1912.]

President of the Federal Council.

It is hereby enacted by the Rulers of the Federated Malay States
in Council, as follows : —

PRELIMINARY.

1. This Enactment may be cited as " The Bankruptcy Enact-
ment, 1912," and shall, except as by this Enactment otherwise
provided, commence and come into operation on such day as shall
be fixed for that purpose by the Chief Secretary to Government
by notification in the Gazette.

2. (i) The Enactments described in the first schedule are hereby
repealed as from the commencement of this Enactment to the
extent mentioned in that schedule.

(ii) After the passing of this Enactment no composition or scheme
of arrangement under Section 333 of the Civil Procedure Code
shall be entered into or allowed without the sanction of the Court ;
and such sanction shall not be granted nor shall the approval of
the Court be given to any such composition or scheme unless the
composition or scheme appears to the Court to be reasonable and
calculated to benefit the general body of creditors.

3. (i) In this Enactment unless the context otherwise requires —

" The Court " (except in Part VII) means a Court of a Judicial
Commissioner ;

" Available act of bankruptcy " means any act of bankruptcy
available for a bankruptcy petition at the date of the presentation
of the petition on which the receiving order is made ;

" Bankruptcy petition " includes a petition for a receiving order ;

" Consultative Committee " means the Committee appointed
under Section 21 ;

" Debt provable in bankruptcy " or "provable debt " includes any
debt or liability by this Enactment made provable in bankruptcy ;

" Deed of arrangement " includes any of the following instru-
ments whether under seal or not made by for or in respect of the

^ As this volume goes to press it is notifiod that this Entictment will come
into force on 1st May, 1921.

242

BANKRUPTCY.

243

affairs of a debtor for the benefit of his creditors generally— that is
to say :

(a) An assignment of property ;
(/>) A deed or agreement for a composition ;
and in cases where creditors of a debtor obtain any control over the
property or business —

winding up or carrying on a business ;
{(.l) A letter of Hcense authorizing the debtor or any other
person to manage, carry on, realize, or dispose of a business
Avith a view to the payment of debts ; and
(e) Any agreement or instrument entered into for the purpose
of carrjdng on or winding up the debtor's business or
authorizing the debtor or any other person to manage,
carry on, realize, or dispose of the debtor's business with
a view to the payment of his debts ;
" Gazetted " means published in the Gazette ;
" General rules " include forms ;
" Goods " include all chattels personal ;

" Official Assignee " includes Assistant Official Assignee and any
person lawfully aj^pointed to act as Official Assignee or Assistant
Official Assignee in place of the holder of such appointment ;

" Ordinary resolution " means a resolution decided by a majority
in value of the creditors present personally, or by proxy, at a meet-
ing of creditors and voting on the resolution ;

" Property " includes money, goods, things in action, land and
every description of property, movable or immovable, and whether
situated in the States or elsewhere ; also obligations, easements,
and every description of estate, interest, and profit, present or
future, vested or contingent, arising out of or incident to property
as above defined ;

" Registrar " means Registrar of the Supreme Court and includes
Assistant Registrar and Deputy Registrar ;

" Resolution " means ordinary resolution ;

" Secured creditor" means a person holding a mortgage, charge,
or lien on the property of the debtor or any part thereof as a security
for a debt due to him from the debtor ;

" Sheriff " includes any officer charged with the execution of a
writ or other process ;

'■ Special resolution " means a resolution decided by a majority
in number and three-fourths in value of the creditors present,
personally or by proxy, at a meeting of creditors and voting on the
resolution ;

" States " means the Federated Malay States.

(ii) The schedules to this Enactment shall be construed and have
effect as part of this Enactment.

244 No. 2 OF 1912.

PART I.

PROCEEDINGS FROM ACT OF BANKRUPTCY TO
DISCHARGE.

Acts of Bankruptcy.

Acteof 4. (i) A debtor commits an act of bankruptcy in each of the

bankruptcy. following cases :

(a) If in the States or elsewhere he makes a conveyance or
assignment of his property to a trustee or trustees for the
benefit of his creditors generally ;

(/>) If in the States or elsewhere he makes a fraudulent con-
veyance, gift, delivery, or transfer of his property or of
any part thereof ;

(c) If in the States or elsewhere he makes any conveyance or
transfer of his property, or of any part thereof, or creates
any charge thereon which would, under this or any other
Enactment for the time being in force, be void as a
fraudulent preference if he were adjudged bankrupt ;

{(l) If, with intent to defeat or delay his creditors, he does any
of the following things — namely, departs out of the States
or being out of the States remains out of the States or
departs from his dwelling-house or otherwise absents
himself or begins to keep house or closes his place of
business or submits collusively or fraudulently to an
adverse judgment or order for the payment of money ;

(e) If execution issued against him has been levied by seizure
of his propert}' under process in an action or in anj^ civil
proceedings in a Court of a Judicial Commissioner or
a Court of a Magistrate of the First Class where the
judgment including costs is for an amount exceeding one
hundred dollars ;

(/) If he files in the Court a declaration of his inability to pay
his debts or presents a bankruptcy petition against him-
self ;

(g) If he gives notice to any of his creditors that he has sus-
pended or that he is about to susjiend payment of his
debts ;

(h) If, after the commencement of this Enactment, he makes to
any two or more of his creditors (not being partners) an
offer of composition with his creditors or a proposal for
a scheme of arrangement of his affairs and such offer or
proposal is not followed within fourteen days thereafter
by the acceptance and approval by the Court of a com-
position or scheme ;

(i) If a creditor has obtained a final decree against him for any
amount and, execution thereon not having been stayed,
has served on him in the States, or by leave of the Court
elsewhere, a bankruptcy notice under this Enactment

BANKRUPTCY. 245

requiring him to pay the judgment debt in accordance
with the terms of the decree or to secure or compound
for it to the satisfaction of the creditor or the Court and
he does not Avithin seven days after service of the notice
in case the service is effected in the States and in case
the service is effected elsewhere then within the time
limited in that behalf by the order giving leave to effect
the service either (a) comply with the requirements of
the notice or (6) satisfy the Court that he has a counterclaim,
set off or cross demand which equals or exceeds the amount
of the judgment debt and which he could not set up in
the action in which the decree was obtained ;

{]) If the Sheriff makes a return that the debtor was possessed
of no property liable to seizure ; and for the purposes
of this clause the date of the order of execution shall be
deemed to be the date of the act of bankruptcy.

(ii) A bankruptcy notice under this Enactment shall be in the
prescribed form, shall state the consequences of non-compliance
therewith and shall be served in the prescribed manner.

(iii) The word " debtor " in this section shall be deemed to
include any person

(a) who is domiciled in the States ; or

(b) who within a year before the date of the presentation of

the petition has ordinarily resided in or had a dwelling-
house or place of business in the States ; or

on business by an agent within the States.

Receiving Order.

5. Subject to the conditions hereinafter specified if a debtor has jurisdiction
committed an act of bankruptcy the Court may, on a bankruptcy r^^rtag or-ier.
petition being presented either by a creditor or by the debtor,

make an order for the protection of the estate which order is in this
Enactment called receiving order.

6. (i) A creditor shall not be entitled to present a bankruptcy conditions on
petition against a debtor unless n,a'''peMHom'

(a) the debt owing by the debtor to the petitioning creditor
or (if two or more creditors join in the petition) the aggre-
gate amount of debts owing to the several petitioning
creditors, amounts to one hundred dollars ; and

(6) the debt is a liquidated sum payable either immediately
or at some certain future time ; and

(c) the act of bankruptcy on which the petition is grounded
has occurred within six months before the presentation
of the petition.

(ii) If the petitioning creditor is a secured creditor he must in his
petition either state that he is willing to give up his security for the
benefit of the creditors in the event of the debtor being adjudged
bankrupt or give an estimate of the value of his security. In the

246

No. 2 OF 1912.

Proceedings
and order on
creditor's
petition.

latter case he may, to the extent of the balance of the debt due to
him after deducting the value so estimated, be admitted as a petition-
ing creditor in the same manner as if he were an unsecured creditor.

7. (i) A creditor's petition shall be verified by affidavit of the
creditor or of some person on his behalf having knowledge of the
facts and shall be served in the prescribed manner.

(ii) At the hearing the Court shall require proof of

(a) the debt of the petitioning creditor ;

(b) the act of bankruptcy or if more than one act of bankruj)tcy
is alleged in the petition some one of the alleged acts of
bankruptcy ; and

and if satisfied Avith the proof may make a receiving order in pursu-
ance of the petition.

(iii) If the Court is not satisfied with the proof of the petitioning
creditor's debt or of the act of bankruptcy or of the service of the
petition or is satisfied by the debtor that he is able to pay his debts
or that for other sufficient cause no order ought to be made the Court
may dismiss the petition.

(iv) When the act of bankruptcy relied on is non-compliance with
a bankruptcy notice to pay, secure or compound for a judgment
debt the Court may, if it thinks fit, stay or dismiss the petition on
the ground that an appeal is pending from the judgment.

(v) Where the debtor appears on the petition and denies that he
is indebted to the petitioner or that he is indebted to such an amount
as would justify the petitioner in presenting a petition against him
the Court, on such security (if any) being given as the Court may
require for payment to the petitioner of any debt which may be
established against the debtor in due course of law and of the costs
of establishing the debt, may, instead of dismissing the petition, stay
all proceedings on the petition for such time as may be required for
trial of the question relating to the debt.

(vi) Where proceedings are stayed the Court may, if by reason of
the delay caused by the stay of proceedings or for any other cause it
thinks just, make a receiving order on the petition of some other
creditor and shall thereupon dismiss, on such terms as it thinks just,
the petition in which proceedings have been stayed as aforesaid.

(vii) A creditor's petition shall not after presentation be with-
drawn without the leave of the Court.

8. (i) A debtor's petition shall allege that the debtor is unable to
pay his debts and the presentation thereof shall be deemed an act of
bankruptcy without the previous filing by the debtor of any declara-
tion of inability to pay his debts and the Court shall thereupon make
a receiving order.

(ii) A debtor's petition shall not after presentation be withdrawn
without the leave of the Court.

y.i^er.ioi ^' (') ^^" *^*' making of a receiving order tlie Official Assignee

receiving order, shall be thereby constituted receiver of the 2)roperty of the debtor

Del)tor's
petition and
order tiicrcon.

BANKRUPTCY.

247

and thereafter, except as directed by this Enactment, no creditor to
whom the debtor is indebted, in respect of any debt provable in
bankruptcy, shall have any remedy against the property or person
of the debtor in respect of the debt or shall commence any action or
other legal proceeding in respect of such debt unless with the leave
of the Court and on such terms as the Court may impose.

(ii) This section shall not affect the power of any secured creditor
to realize or otherwise deal with his security in the same manner as
he would have been entitled to realize or deal with it if this section
had not been passed.

(iii) On a receiving order being made against a debtor he shall,
within twenty-four hours after such order, file an affidavit in the
office of the Official Assignee containing a true and correct statement
of the names and residences of all the partners, if any, in his buisness.
Such statement shall for the purposes of this Enactment be deemed
to be part of the debtor's statement of his affairs referred to in
Section 16 of this Enactment.

(iv) On such order as aforesaid being made against a debtor the
Official Assignee shall forthwith take possession of all books of
account and other papers and documents, in the possession, custody,
or control of the debtor, relating to his property or affairs and may
take into his possession all or any deeds, books, documents, and other
property of the bankrupt.

(v) On making a receiving order the Court, on application made court may
by or on behalf of the petitioning creditor or any other person arriToTd°ebtor
claimins: to be a creditor, may detain the debtor, if he be present, and commit

o 1111 1 ij '"™ *" prison

and, if he be not present, may order the debtor to be arrested and. unless he gives
brought before the Court by warrant addressed to any police officer leave'tL'states.
or officer of the Court and, unless the debtor when so detained or
brought before the Court shall give security to the satisfaction of the
Court that he will not leave the States without the previous per-
mission in writing of the Official Assignee or of the Court, he may be
committed to a civil prison and be there kept until the close of his
public examination or until the Court shall otherwise order ; pro-
vided that when a receiving order is made against a firm in the firm's
name no such warrant to arrest any alleged partner in the firm shall
issue except upon the application of the petitioning or some other
creditor and upon evidence on oath as to the persons who at the date
of the receiving order are partners in the firm. If any person
arrested shall deny that he is a partner the Court shall order his
release unless the petitioning or other creditor shall give security to
the satisfaction of the Court to meet the probable damages if such
person be found not to be a partner. The cost of maintaining any
debtor in prison under this section shall be prepaid by the applicant
from time to time to the prison authority according to the cost of
rations for the time being.

10. (i) The Court may, if it thinks it advisable for the protection Discretionary
of the estate, at any time after the presentation of a bankruptcy appointment
petition and before a receiving order is made, appoint the Official "tay o^/^^"^ ''"'^
Assignee to be interim receiver of the property of the debtor or of any proceedings.
part thereof and direct him to take immediate possession thereof

248

No. 2 OF 1912.

Service of
ortlcr staying
proceedings.

Power to
appoint
special
manager.

Advertisement
of receiving
order.

Power of Court
to rescind
receiving order
in certain cases.

or of any part thereof including all books of account and other papers
and documents belonging to the debtor and relating to his business.

(ii) The Court may at any time after the presentation of a bank-
ruptcy petition stay any action, execution, or other legal process
against the property or person of the debtor.

11. Where an order is made under the last preceding section
staying any action or proceeding or staying proceedings generally
the order may be served by sending a copy thereof under the seal of
the Court by registered post to the address for service of the plaintiff
or other party prosecuting such proceeding.

12. (i) The Official Assignee may, if satisfied that the nature of
the debtor's estate or business or the interests of the creditors
generally require the appointment of a special manager of the estate
or business other than the Official Assignee, appoint a manager
thereof accordingly to act until the first meeting of creditors and
with such powers (including any of the powers of a receiver) as may
be entrusted to him by the Official Assignee.

(ii) The debtor may be appointed special manager.

(iii) The special manager shall give security and account in such
manner as the Official Assignee, subject to the control of the Court,
directs.

(iv) The special manager shall receive such remuneration as the
Official Assignee, within the prescribed limits and subject to such
control as aforesaid, determines.

13. Notice of every receiving order, stating the name, address, and
description of the debtor, the date of the order and the date of the
petition, shall be gazetted and advertised in a local paper in the
prescribed manner.

14. If in any case where a receiving order has been made on a
bankruptcy petition it appears to the Court, upon an application by
the Official Assignee or any creditor or other person interested, that
a majority of the creditors in number and value are resident in the
Colony or in any other portion of His Britannic Majesty's dominions
and that from the situation of the property of the debtor or for other
causes his estate and effects ought to be distributed among the
creditors under the Bankrupt or Insolvent Laws of the Colony or
such other portion of His Britannic Majesty's dominions, the Court
after such enquiry as to it seems fit may rescind the receiving order
and stay all proceedings on or dismiss the petition upon such terms
(if any) as it thinks fit.

First and other

mcotin?so£

creditors.

Proceedings Consequent on Order.

15. (i) As soon as may be after the making of a receiving order
against a debtor a general meeting of his creditors (in this Enactment
referred to as the first meeting of creditors) shall be held for the
purpose of considering whether a ])roposal for a composition or
scheme of arrangement shall b(; entertained or whether it is expedient
that the debtor be adjudged bankru])t and generally as to the mode
of dealing with the debtor's property.

BANKRUPTCY. 249

(ii) With respect to the summoning of, and proceedings at, the
first and other meetings of creditors the rules in the second schedule
shall be observed.

16. (i) Where a receiving order is made against a debtor he shall Debtor's
make out and submit to the Official Assignee a statement of and in Ig*^,^"' °^
relation to his affairs in the prescribed form verified by affidavit and
shewing the particulars of the debtor's assets, debts, and liabilities,

the names, residences, and occupations of his creditors, the securities
held by them respectively, the dates when the securities were
respectively given, the cause of his insolvency, the date when he last
balanced his accounts before becoming insolvent, the amount of his
capital at the date of such balance after providing for all his liabilities
and making allowance for bad and doubtful debts and such further
or other information as is j)rescribed or as the Official Assignee
requires.

(ii) The statement shall be so submitted within the following
items — namely :

(a) If the order is made on the petition of the debtor, within
seven days from the date of the order ;

(6) If the order is made on the petition of a creditor, within
twenty-one daj^s from the date of the order ;

But the Official Assignee may, in either case, for special reasons,
extend the time by order made under his hand, to be forthwith filed,
recording the reasons therefor.

(iii) If the debtor fails without reasonable excuse (proof whereof
shall lie on him) to comply with the requirements of this section he
shall be guilty of a contempt of Court and may be punished accord-
ingly and the Court may on the application of the Official Assignee
or of any creditor adjudge him bankrupt.

(iv) Any person stating himself, in writing, to be a creditor of the
bankrupt may, personally or by agent, inspect this statement at all
reasonable times and take any copy thereof or extract therefrom,
but any person untruthfully so stating himself to be a creditor shall
be guilty of a contempt of Court and shall be punishable accordingly
on the application of the Official Assignee.

Public Examination of Debtor.

17. (i) W'here the Court makes a receiving order it shall hold a Public
public sitting on a day to be appointed by the Court for the examina- of d™btor!°°
tion of the debtor and the debtor shall attend thereat and shall be
examined before a Judicial Commissioner in open Court as to his
conduct, dealings, and j^roperty.

(ii) The examination shall be held as soon as conveniently may be
after the expiration of the time for the submission of the debtor's
statement of affairs and after the first meeting of creditors.

(iii) The Court may adjourn the examination from time to time.

(iv) Any creditor who has tendered a proof, or his representative
authorized in writing, may question the debtor concerning his affairs
and the causes of his failure.

250

No. 2 OF 1912.

(v) The Official Assignee shall take part in the examination of the
debtor and for the purpose thereof may, if specially authorized by
the Chief Secretary to Government under his hand, employ a
Solicitor with or without Counsel but no Solicitor or Counsel shall
be allowed to take part in the examination on behalf of the debtor.

(vi) The Court may put such questions to the debtor as it thinks
expedient.

(vii) The debtor shall be examined upon afRrmation and it shall be
his duty to answer all such questions as the Court puts or allows to
be put to him. Such notes of the examination as the Court thinks
proper shall be taken down in A^Titing by the Registrar and shall be
read over to and signed by the debtor and may thereafter be used in
evidence against him and shall be open to the inspection of any
creditor at all reasonable times.

(viii) When the Court is of opinion that the affairs of the debtor
have been sufficiently investigated it shall, by order, declare that his
examination is concluded, but such order shall not preclude the
Court from directing a further examination of the debtor as to his
conduct, dealings, and property whenever it sees fit to do so.

Power for
creditors to
accept and
Court to
approve com-
position of
arrangement.

Composition or Scheme of Aerangement.

18. (i) The creditors may by special resolution, at the first
meeting or any adjournment thereof, resolve to entertain a proposal
for a composition in satisfaction of the debts due to them from the
debtor or a proposal for a scheme of arrangement of the debtor's
affairs.

(ii) The composition or scheme shall not be binding on the
creditors unless it is confirmed at a subsequent meeting of the
creditors by a resolution passed by a majority in number represent-
ing three-fourths in value of all the creditors who have proved and is
approved by the Court.

(iii) Any creditor who has proved his debt may assent to or dissent
from such composition or scheme by a letter addressed to the Official
Assignee in the prescribed form and attested by a witness and sent
or posted so as to be received by such Official Assignee not later
than the day preceding such subsequent meeting and a creditor so
assenting or dissenting shall be taken as being present and voting at
such meeting.

(iv) The subsequent meeting shall be summoned by the Official
Assignee by not less than seven days' notice and shall not be held
until after the public examination of the debtor is concluded. The
notice shall state generally the terms of the proposal and shall be
accompanied by a rejjort of the Official Assignee thereon.

(v) The debtor or the Official Assignee may, after the composition
or scheme is accepted ])y the creditors, apply to the Court to approve
it and notice of the time appointed for hearing the application shall
be given in the prescribed manner. *Such application shall be made
and heard in open Court,

BANKRUPTCY. 251

(vi) The Court before approving a composition or scheme shall
hear a report of the Official Assignee as to the terms of the com-
position or scheme and as to the conduct of the debtor and shall
hear any objections which may be made by or on behalf of any
creditor.

(vii) If the Court is of opinion that the terms of the composition
or scheme are not reasonable or are not calculated to benefit the
general body of creditors and in any case in which the Court is
required under this Enactment to refuse a bankrupt his discharge
the Court shall, or if any such facts are proved as would under this
Enactment justify the Court in refusing, qualifying, or suspending
the discharge, the Court may, in its discretion, refuse to approve
the composition or scheme.

(viii) If the Court approves the composition or scheme the
approval may be testified by the seal of the Court being attached
to the instrument containing the terms of the composition or
scheme or by the terras being embodied in an order of the Court.

(ix) A composition or scheme accepted and approved in pursuance
of this section shall be binding on all the creditors so far as relates
to any debts due to them from the debtor and provable in bank-
ruptcy.

(x) A certificate of the Official Assignee that a composition or
scheme has been duly accepted and approved shall in the absence
of fraud be conclusive as to its validity.

(xi) The provisions of a composition or scheme under this section
ma}' be enforced by the Court on application by any person interested
and any disobedience of an order of the Court made on the applica-
tion shall be deemed a contempt of Court.

(xii) If default is made in pa3^ment of any instalment due in
pursuance of the composition or scheme or if it appears to the
Court on satisfactory evidence that the composition or scheme
cannot, in consequence of legal difficulties or for any sufficient cause,
proceed without injustice or undue delay to the creditors or to the
debtor or that the approval of the Court was obtained by fraud the
Court may, if it thinks fit, on application by any creditor adjudge
the debtor bankrupt and annul the composition or scheme but
without prejudice to the validity of any sale, disposition, or payment
duly made or thing duly done under or in pursuance of the com-
position or scheme. Where a debtor is adjudged bankrupt under
this sub-section any debt provable in other respects which has
been contracted before the date of the adjudication shall be
provable in the bankruptcy.

(xiii) If under or in pursuance of a composition or scheme a
trustee or assignee is appointed to administer the debtor's property
or manage his business or distribute a composition Part IV of this
Enactment shall apply to such trustee or assignee as if he were
an assignee in a bankruptcy and as if the terms '" bankruptcy,"
" bankrupt," and " order of adjudication " included, respectively, a
composition or scheme of arrangement, a compounding or arranging
debtor, and an order approving the composition or scheme.

252

No. 2 OF 1912.

Effect of
composition
or scheme.

No deed of
arrangement
valid except
under Sections
18 or 22 unless
registered.

Penalty for

collusive

preference.

(xiv) Part III of this Enactment shall, so far as the nature of
the case and the terms of the composition or scheme admit, apply
thereto the same interpretation being given to the words '' assignee,"
"bankruptcy," 'bankrupt," and "order of adjudication" as in
the last preceding sub-section.

(xv) No composition or scheme shall be approved by the Court
which does not provide for the payment in priority to other debts
of all debts directed to be so paid in the distribution of the property
of a bankrupt.

(xvi) The acceptance by a creditor of a composition or scheme
shall not release any person who under this Enactment would not
be released by an order of discharge if the debtor had been adjudged
bankrupt.

(xvii) Notwithstanding the acceptance and approval of a com-
position or scheme such composition or scheme shall not be binding
on any creditor so far as regards a debt or liability from which
under the provisions of this Enactment the debtor would not be
discharged by an order of discharge in bankruptcy unless the
creditor assents to the composition or scheme.

19. (i) No deed of arrangement, except a composition or scheme
entered into under Section 18 or Section 22, shall be valid unless the
same shall have been registered at the office of the Registrar within
fourteen clear days after the first execution thereof by the debtor
or any creditor and unless the same shall be registered in accordance
with the rules for the time being in force for the registration of
deeds of arrangement under this Enactment.

(ii) Every person who signs or on whose behalf is signed a deed
of arrangement to which the last preceding sub-section applies,
who shall, on or within two months before, or at any period after,
signing the same, receive any secret or collusive preference, gratuity,
security, payment, or other consideration (all hereinafter included
in the expression " gratuity ") for concurring in or signing such
deed of arrangement shall be guilty of an offence punishable as
hereinafter mentioned.

(iii) Every gratuity for concurring in or signing or having con-
curred in or signed a deed of arrangement shall be deemed to be
secret and collusive if the same or any promise for the same be not
disclosed on the face of the deed of arrangement or in a memorandum
annexed to the deed at the time when the person who has received
or is to receive such gratuity signs the deed of arrangement, which
memorandum shall also be signed in acknowledgment of having
seen the same by all the parties to the deed of arrangement before
the registration thereof. A gratuity shall not be deemed to be
secret or collusive if it is disclosed as before mentioned.

(iv) Every person committing an offence under this section shall
be liable to a fine not exceeding five times the amount or value of
the gratuity received by or promised to him and the Court before
which such person is tried may award a part of any such fine, not
exceeding one-half thereof, to the informer through whom the
conviction has been obtained provided that such informer be not
the debtor.

BANKRUPTCY. 253

( v) It shall be lawful for the Chief Secretary to Government from Power to
time to time to make rules for the registration of deeds of arrange- "a^e rules,
ment under this Enactment.

Such rules shall provide for

(a) the mode of registration ;

(b) the form of the registers to be kept for the purpose of

registration of deeds of arrangement under this Enact-
ment ;

taking of copies and extracts of the same and the custody
of the registers and other documents connected with the
business of registration ;

(d) the fees to be taken in respect of registration of deeds of

arrangement and in respect of office copies or extracts
and searches.

(vi) All rules made under this section shall be laid on the table
of the Federal Council at its next meeting and shall then be published
in the Gazette and shall have the same force and effect as if enacted
in this Enactment ; but such rules shall not come into operation
until a date to be fixed for that purpose by the Chief Secretary to
Government, which date shall be subsequent to the meeting of the
Federal Council, and any rule which is disapproved by a resolution
of the Council shall not come into operation or if it has come into
operation shall cease to have operation.

(vii) The Supreme Court, upon being satisfied that the omission Rectification
to register a deed of arrangement wdthin the time required by this °^ registers.
Enactment or that the omission or mis-statement of the name,
residence, or description of any person was accidental or due to
inadvertence or to some cause beyond the control of the debtor
and not imputable to any negligence on his part, may, on the
application of any party interested and on such terms and condi-
tions as are just and expedient, extend the time for such registration
or order such omission or mis-statement to be supplied or rectified
by the insertion in the register of the true name, residence, or
description.

Adjudication of Bankruptcy.

20. (i) At the time of making a receiving order the Court shall Adjudication
adjudge the debtor bankrupt unless the debtor can shew to the of bankruptcy.
satisfaction of the Court that he is in a position to offer a composi-
tion or make a scheme of arrangement satisfactory to his creditors ;
provided that when a receiving order is made against a firm in the
firm's name the Court shall not adjudge any person bankrupt as a
member of the firm unless such person is proved to the satisfaction
of the Court to be a partner by his own admission or by evidence
on affirmation. The Court may at any time on the application of
the debtor himself by petition in writing (unstamped) to be forth-
with filed adjudge him bankrupt and at the same time make a
receiving order against him and,, such application maj^ be made
without notice.

254

No. 2 OF 1912.

ConsultatiTC
committee.

Power to accept
composition or
sclieme after
bankruptcy
adjudication.

(ii) Where a receiving order is made against a debtor then, if
the creditors at the first meeting or any adjournment thereof resolve
by ordinary resolution that the debtor be adjudged bankrupt or
pass no resolution or if the creditors do not meet or if a composition
or scheme is not accepted or approved in pursuance of this Enact-
ment within fourteen days after the conclusion of the examination
of the debtor or such further time as the Court allows, the Court
shall adjudge the debtor bankrupt.

(iii) When a debtor is adjudged bankrupt his property shall
become divisible among his creditors and shall vest in the Official

Assignee.

(iv) Notice of every order adjudging a debtor bankrupt, stating
the name, address, and description of the bankrupt and the date
of the adjudication, shall be gazetted and advertised in a local
paper in the prescribed manner, and the date of the order shall
for the purposes of this Enactment be the date of the adjudication.

21. (i) The creditors qualified to vote may at their first meeting
or any adjournment thereof appoint by resolution, from among the
creditors qualified to vote or the holders of general proxies or
general powers of attorney from such creditors, a committee of one
or more persons, not exceeding three, for the purpose of advising
the Official Assignee on matters relating to the administration of
the property of the bankrupt.

(ii) The Official Assignee may convene the committee at such
times as he shall think necessary and it shall be the duty of the
Official Assignee to convene the committee whenever requested in
writing to do so by all, or a majority of, the members of the com-
mittee.

(iii) Any member of the committee may resign his office by notice
in writing signed by him and delivered to the Official Assignee.

(iv) If a member of the committee becomes bankrupt or com-
pounds or arranges with his creditors or is absent for more than
two months from the State in which the bankruptcy proceedings
are carried on his office shall thereupon become vacant.

(v) Any member of the committee may be removed by an ordinary
resolution at any meeting of creditors of which seven days' notice
has been given stating the object of the meeting.

(vi) On a vacancy occurring in the office of a member of the
committee the Official Assignee shall forthwith summon a meeting
of creditors for the purpose of filling tlie vacancy and the meeting
may by resolution appoint another creditor or other person eligible
as above.

22. (i) Where a debtor is adjudged bankrupt the creditors may,
if they think fit, at any time after the adjudication, by special
resolution, resolve to entertain a proposal for a composition in
satisfaction of the debts due to them under the bankruptcy or for
a scheme of arrangement of the bankrupt's affairs and thereupon
the same proceedings shall be taken and the same consequences
shall ensue as in the case of a composition or scheme entertained
at the first meeting of creditors.

BANKRUPTCY. 255

(ii) If the Court approves the composition or scheme it may
make an order annulling tlio bankruptcy and vesting the property
of the bankrupt in him or in such other person as the Court ajipoints
on such terms and subject to such conditions (if any) as the Court
declares.

(iii) If default is made in payment of any instalment due in
pursuance of the composition or scheme or if it appears to the Court
that the composition or scheme cannot proceed without injustice
or undue delay or that the apj)roval of the Court was obtained by
fraud the Court may, if it thinks fit, on application by any person
interested, adjudge the debtor bankrupt and annul the composition
or scheme but without prejudice to the validity of any sale, disposi-
tion, or payment duly made or thing duly done under or in jDursuance
of the composition or scheme. Where a debtor is adjudged bank-
rupt under this sub-section all debts provable in other respects which
have been contracted before the date of such adjudication shall
be provable in the bankruptcy.

Control over Person and Property of Debtor.

23. (i) Every debtor against whom a receiving order is made Duties of
shall, unless prevented by sickness or other sufficient cause, attend iifscoTery and
the first meeting of his creditors and any subsequent meeting of his " ^ppj^'"" "^
creditors which the Official Assignee requires him to attend and
shall submit to such examination and give such information as the
meeting requires.

(ii) He shall give such inventory of his property, such list of
his creditors and debtors and of the debts clue to and from them
respectively, submit to such examination in respect of his property
or his creditors, wait at such times and places on the Official Assignee,
execute such powers of attorney, conveyances, deeds, and instru-
ments, and, generally, do all such acts and things in relation to his
property and the distribution of the proceeds amongst his creditors
as may be reasonably required by the Official Assignee or may be
prescribed by general rules or be directed by the Court by any
special order or orders inade in reference to any particular case or
made on the occasion of any special application by the Official
Assignee or any creditor or person interested.

(iii) He shall, if adjudged bankrupt, aid to the utmost of his
power in the realization of his property and the distribution of the
proceeds among his creditors and amongst other things shall be
bound, if required by the Official Assignee so to do, to answer all
such questions and to submit to such medical examination and to
do all such other things as may be necessary for the purpose of
effecting an insurance on his life.

(iv) If a debtor wilfully fails to 25erform the duties imposed on
him by this section or to deliver up possession of any part of his
property which is divisible amongst his creditors under this Enact-
ment and which is for the time being in his possession or under his
control to the Oificial Assignee or to any person authorized by the
Court to take possession of it, he shall, in addition to any other
punishment to which he nuxy be subject, be guilty of a contempt
of Court and may be punished accordingly.

256

No. 2 OF 1912.

Arrest of debtor
under certain
circumstances.

Keleasc ot
debtor on
Becority.
Proceeds of
security to
fall into the
estate of the
debtor.

24. (i) The Court may by warrant, addressed to any police officer
or officer of the Court, cause a debtor to be arrested and any books,
papers, money, and goods in his possession to be seized and him
and them to be safely kept as prescribed, until such time as the
Court may order, under the following circumstances :

(a) If, after a bankruptcy notice has been issued under this
Enactment or after presentation of a bankruptcy petition
by or against him, it appears to the Court that there is
probable reason for believing that he is in hiding or has
absconded or is about to abscond with a view of avoiding
payment of the debt in respect of which the bankruptcy
notice was issued or of avoiding service of a bankruptcy
petition or of avoiding appearance to any such petition
or of avoiding examination in respect of his affairs or of
otherwise avoiding, delaying, or embarrassing proceedings
in bankrujJtcy against him ;

(6) If, after presentation of a bankruptcy petition by or against
him, it appears to the Court that there is probable cause
for believing that he is about to remove his goods with a
view of jDreventing or delaying possession being taken of
them by the Official Assignee or that there is probable
ground for believing that he has concealed or is about
to conceal or destroy any of his goods or any books,
documents, or writings which might be of use to his
creditors in the course of his bankruptcy ;

a receiving order is made against him, he removes any
goods in his possession above the value of twenty-five
dollars without the leave of the Official Assignee ;

(d) If, without good cause shewn, he fails to attend any ex-

amination ordered by the Court ;

(e) If, after presentation of a bankruj^tcy petition by or against

him, the Official Assignee reports to the Court or the
Court is otherwise satisfied that there is probable reason
for believing that the assets will not be sufficient to pay
a dividend of fifty per centum on the debts or that there
is probable reason for believing that the debtor has
committed any offence punishable under the provisions of
this Enactmenti :

Provided that no arrest upon a bankruptcy notice shall be valid
and protected unless the debtor before or at the time of his arrest
is served with such bankruptcy notice.

(ii) No payment or composition made or security given after
arrest made under this section shall be exempt from the provisions
of this Enactment relating to fraudulent preferences.

(iii) When a debtor is arrested under the provisions of this
section he may be released by order of the Court either with or
without giving security to the satisfaction of the Court that he will
not leave the States without the previous permission in writing of
the Official Assignee or of the Court or that he will not remove any

BANKRUPTCY. 257

of his goods, or conceal or destroy any of his goods or any books,
documents, or writings which might be of use to his creditors in the
course of his bankruptcy.

(iv) The proceeds of the realization of any security given under
this section or under Section 9 on breach by the debtor of any of
the conditions of such security shall be deemed to be the property
of the debtor and when he is adjudged bankrupt shall vest in the
Official Assignee.

25. Where a receiving order is made against a debtor the Court Re-airection
on the application of the Official Assignee may from time to time °Jtters*and
order that, for some time not exceeding three months as the Court teie-rams.
thinks fit, telegrams and postal articles addressed to the debtor,

at any place or j^laces mentioned in the order, for re-direction shall
be re-directed, sent, or delivered by the agent of the telegraph
company or by the postal authorities, as the case may be, to the
Official Assignee or otherwise as the Court directs and the same
shall be done accordingh".

26. (i) The Court may, on the application of the Official Assignee Discovery of
or of any creditor who has proved his debt, at any time after a property.
receiving order has been made against a debtor, summon before it

the debtor or any wife of his or any person known or suspected to
have in his possession any of the estate or effects belonging to the
debtor or supposed to be indebted to the debtor or any person whom
the Court may deem capable of giving information respecting the
debtor, his dealings or property, and the Court may require any
such person to produce any documents in his custody or power
relating to the debtor, his dealings or property.

(ii) If any person so summoned, after having been tendered a
reasonable sum, refuses to come before the Court at the time
appointed or refuses to produce any such document, having no
lawful impediment made known to the Court at the time of its
sitting and allowed by it, the Court may by warrant cause him to
Ije apprehended and brought up for examination.

(iii) The Court may examine on oath either by word of mouth
or by wTitten interrogatories any person so brought before it
concerning the debtor, his dealings or property.

(iv) If, on the examination of any such person, it appears to the
Court that he is indebted to the debtor the Court may, on the
application of the Official Assignee, order him to pay to the Official
Assignee, at such time and in such manner as to the Court seems
expedient, the amount in which he is indebted, or any part thereof,
either in full discharge of the whole amount in question or not, as
the Court thinks fit, with or without costs of the examination.

(v) If, on the examination of an}^ such person, it appears to the
Court that he has in his possession any property belonging to the
debtor the Court may, on the application of the Official Assignee,
order him to deliver to the Official Assignee such property, or any
part thereof, at such time and in such manner and on such terms
as to the Court seems just.

11—17

258

No. 2 OF 1912.

Official
Assignee to
settle list of
debtors to
the estate.

27. (i) The Official Assignee shall, as soon as may he after a
receiving order has been made against a debtor, prepare and file in
Court a list of persons supposed to be indebted to the debtor with
the amounts in Avhich they are supposed to be so indebted set
opposite to their names respectively. Before finally settling the
name and amount of the debt of any j)erson on such list the Official
Assignee shall give notice in writing to such person stating that
he has placed such pei'son upon the list of debtors to the estate
in the amount in the notice specified and that, unless such person
on or before a day in such notice specified gives to the Registrar
of the Court notice in writing of his intention to dispute his indebted-
ness, he will be deemed to admit that the amount set oi^posite his
name in such list is due and owing by him to the debtor and will
be settled on such list accordingly.

(ii) A person included in such list who does not give notice of
his intention to dispute his indebtedness within the time limited
in that behalf shall be settled upon such list and execution may
issue against him for the amount set opposite his name in such list
in the same way as if judgment had been entered np against him
for such amount in favour of the Official Assignee.

(iii) A certificate by the Registrar of the Court that the person
named therein has been settled upon such list as a debtor to the
estate in the amount in such certificate specified shall be received
as proof of the facts therein stated.

(iv) A person settled upon such list in manner aforesaid may
apply to the Court in a summary way for leave to dispute his
indebtedness or the amount thereof and the Court may, if it thinks
fit, make such order for determining the question as may seem
expedient upon the terms of such persons giving security for costs
and either paying into Court or giving security for the whole or
such part of the alleged debt as under the circumstances may seem
reasonable and may stay all further proceedings.

Discharge of
bankrupt.

Discharge of Bankrupt.

28. (i) A bankrupt may, at any time after being adjudged bank-
rupt, apply to the Court for an order of discharge and the Court
shall a])point a day for hearing the application but the application
shall not be heard until the public examination of the bankrupt is
concluded. The application shall be made and heard in open
Court. Provided that where the debtor is resident out of the
States and is miable for want of means or for any other reason
which the (Jourt may consider sufiicient to return to the States or
where the debtor is a lunatic or suffers from any such mental or
physical affliction or disability as in the opinion of thc^ Court makes
him unfit to attend his public examination the Court may make
an order dispensing with such examination or directing that the
debtor be examined on such terms, in such manner, and at such
place as to the Court seems expedient.

(ii) On the hearing of the ai)plication the Court shall take into
consideration a ref)ort of the Official Assignee as to the bankrupt's
conduct and affairs including a report as to the bankrupt's conduct

BANKRUPTCY. 259

during the proceedings under his bankruptcy and may either grant
or refuse an absolute order of discharge or suspend the operation
of the order for a specified time or grant an order of discharge subject
to any conditions with respect to any earnings or income M'hich
may afterwards become due to the banlcrupt or witli respect to his
after-acquired property : provided that the Court shall refuse the
discharge in all cases where it is proved to the satisfaction of the
Court that the bankrupt has committed any offence under this
Enactment or under Sections 421, 422, 423, or 424 of the Penal
Code or under any amendment thereof and shall on proof of any
of the facts hereinafter in the next following sub-section mentioned
either refuse the order or suspend the operation of the order for a
specified time or grant an order of discharge subject to such con-
ditions as aforesaid : provided that if, at any time after the expira-
tion of two years from the date of an}^ conditional order made
under this section, the bankrujDt shall satisfy the Court that there
is no reasonable probability of his being in a position to comply
A^ith the terms of such order the Court may modify the terms of
the order or any subsequent order in such manner and upon such
conditions as it may think fit.

(iii) The facts hereinbefore referred to are

(a) that the bankrupt has omitted to keep such books of
account as sufficiently disclose his business transactions
and financial position within the three years immediately
preceding his bankruptcy or A\dthin such shorter period
immediately preceding that event as the Court deems
reasonable in the circumstances ;

(h) that the bankrupt has continued to trade after knowing or
having reason to believe himself to be insolvent ;

(c) that the bankrupt has contracted any debt provable in the
bankruptcy without having at the time of contracting it
any reasonable ground of expectation (proof whereof
shall lie on him) of being able to pay it ;

((]) that the bankrupt has brought on or contributed to his
bankruptcy by rash speculations or extravagance in living
or by recklessness or want of reasonable care and attention
to his business and affairs ;

(e) that the bankrupt has delayed or put any of his creditors
to unnecessary expense by a frivolous or vexatious defence
to any action or other legal proceeding properly brought
or instituted against him ;

(/) that the bankrupt has within three months preceding the
date of the receiving order ^\•hen unable to pay his debts
as they became due given an undue preference to any of
his creditors ;

(g) that the bankrupt has in the States or elsewhere on any
previous occasion been adjudged bankrupt or made a
composition or arrangement xWth his creditors ;

(h) that the bankrupt has been guilty of an}- fraud or fraudu-
lent breach of trust :

260 No. 2 OF 1912.

(i) that the bankrupt has within three months immediately
preceding the date of the receiving order sent goods out
of the States under circumstances which afford reasonable
grounds for believing that the transaction was not a bond
fide commercial transaction ;

(j) that the bankrupt's assets are not of a value equal to fifty
per centum on the amount of his unsecured liabilities
unless he satisfies the Court that the fact that the assets
are not of a value equal to fifty per centum of his un-
secured liabilities has arisen from circumstances for or
in respect of which he cannot justly be held blameable.

(iv) For the purposes of this section the report of the Official
Assignee shall be 'prima facie evidence of the statements therein
contained.

(v) Notice of the appointment by the Court of the day for hearing
the application for discharge shall be published in the prescribed
manner and sent, fourteen days at least before the day so appointed,
to each creditor who has proved and the Court shall hear the Official
Assignee and may also hear any creditor. At the hearing the
Court may put such questions to the debtor and receive such
evidence as it thinks fit.

(vi) The Court may, as one of the conditions referred to in this
section, require the bankrupt to consent to judgment being entered
against him by the Official Assignee for any balance or part of the
balance of the debts provable under the bankruptcy which is not
satisfied at the date of his discharge ; but in such case execution
shall not be issued on the judgment without leave of the Court
which leave may be given on proof that the bankrupt has since
his discharge acquired property or income available for payment
of his debts.

(vii) A discharged bankrupt shall, notwithstanding his discharge,
give such assistance as the Official Assignee may require in the
realization and distribution of such of his property as is vested in
the Official Assignee and, if he fails to do so, he shall be guilty of a
contempt of Court and the Court may also, if it thinks fit, revoke
his discharge but without prejudice to the validity of any sale,
disposition, or payment duly made or thing duly done subsequent
to the discharge but before its revocation.

(viii) For the purposes of this section the following presumptions
shall be made — that is to say :

{(t) If, at any time after the expiration of six months from the
date of the adjudication, the Official Assignee reports to
the Court that the value of the assets which have been
realized together with the estimated value of the assets
which are realizable is insufficient to i:»ay a dividend of
fifty per centum on the debts proved in the bankru])tcy
it shall be presumed (until the contrary be proved) that
the bankrupt has continued to trade after knowing or
having reason to believe himself to be insolvent ;

BANKRUPTCY.

261

(6) In determining whether a bankrupt was or knew or had
reason to believe himself to be insolvent at any particular
date every debt owing to him by any person resident out
of the jurisdiction, which debt had been at such date due
for more than twelve months, shall be excluded from the
computation of the value of the assets and for the purpose
of such computation shall be deemed not to be an asset ;

after knowing or having reason to believe himself to be
insolvent if, having continued to trade after he was in
fact insolvent, he

(1) is unable to satisfy the Court that he had reasonable

ground for believing himself to be solvent ; or

(2) fails without reasonable excuse (proof whereof shall

lie on him) to produce a proper balance sheet for
each of the three years immediately preceding
the bankruptcy, every such balance sheet being
made within a reasonable time after the expira-
tion of the year to which it relates and shewing
the true state of his affairs at the end of such year ;

(d) Any preference given by the bankrupt to any creditor

within the three months immediately preceding the date
of the receiving order shall (until the contrary be proved)
be deemed to be undue.

29. In either of the following cases — that is to say :
(a) In the case of a settlement made before and in consideration

of marriage where the settlor is not at the time of making
the settlement able to pay all his debts without the aid
of the property comprised in the settlement ; or
(6) In the case of any covenant or contract made in considera-
tion of marriage for the future settlement on or for the
settlor's wife or children of any money or property where-
in he had not at the date of his marriage any estate or
interest (not being money or property of or in right of his
wife) ;
if the settlor is adjudged bankrupt or compounds or arranges with
his creditors and it apj^ears to the Court that such settlement,
covenant, or contract was made in order to defeat or delay creditors
or was unjustifiable having regard to the state of the settlor's
affairs at the time when it was made the Court may refuse or suspend
an order of discharge or grant an order subject to conditions or
refuse to approve a composition or arrangement, as the case may be,
in like maimer as in cases where the debtor has been guilty of fraud.

30. (i) An order of discharge shall not release the bankrupt from 5:ffe.:t of order
any debt due to the Government of the Federated Malay States

or of any one of them or from any debt with which the bankrupt
may be chargeable at the suit of the Government of the Federated
Malay »States or of any one of them or of any person for any offence
against any Enactment relating to any branch of the public revenue
or at the suit of the Sheriff or other public officer on a bail bond

Fraudulent
settlements.

262

No. 2 OF 1912.

Disqualifica-
tions of
bankrupt.

Vacating
oflioes by
bankruptcy.

entered into for the appearance of any person prosecuted for any
such offence : and he shall not be discharged from such excepted
debts unless the Chief Secretary to Government or the Resident
of the State, as the case may be, consent in writing to his being
discharged therefrom.

(ii) An order of discharge shall not release the bankrupt from any
do lit or liability incurred by means of any fraud or fraudulent
breach of trust to which he was a party or from any debt or liability
whereof he has obtained forbearance by any fraud to which he was a
party.

(iii) An order of discharge shall release the bankrupt from all
other debts provable in bankruptcy.

(iv) An order of discharge shall be conclusive evidence of the
bankruptcy and of the validity of the proceedings therein and in
any proceedings that may be instituted against a bankrupt who has
obtained an order of discharge in respect of any debt from which
he is released by the order the bankrupt may plead that the cause of
action occurred before his discharge and may give this Enactment
and the special matter in evidence.

(v) An order of discharge shall not release any person who, at the
date of the receiving order, was a partner or co-trustee with the
bankrupt or was jointly bound or had made any joint contract
with him or any person who was surety or in the nature of a surety
for him.

PART II.
DISQUALIFICATIONS AND DISABILITIES OF BANKRUPT.

31. (i) Where a debtor is adjudged bankrupt he shall, subject to
the provisions of this Enactment, be disqualified for

(a) being nominated to or sitting or voting in the Federal

Council or the State Council of any State ;

(b) being appointed or acting as a Judicial Commissioner or

Magistrate or acting as an Assessor or Arbitrator or in
any judicial capacity ;

Board,
(ii) The disqualifications to which a bankrupt is subject under this
section shall be removed and cease if and when

(rt) the adjudication of bankruptcy against him is annulled ;

or
{b) he obtains from the Court his discharge with a certificate
to the effect that his bankruptcy was caused by mis-
fortune without any misconduct on his part.
The Court may grant or withhold such certificate as it thinks fit,
but any refusal of such certificate shall be subject to appeal.

32. If a person is adjudged bankrupt whilst holding the office of
member of the Federal Council or of any State Council, Judicial
Commissioner, Magistrate, or member of a Sanitary Board his office
shall thercuj)on become vacant.

BANKRUPTCY. 263

Undischabged Bankrupt.

33. (i) Where a bankrupt has not obtained bis discharge the couscquences of

P ,, . Ill refusal of

loliowang consequences shall ensue : discharge.

(a) The bankrupt shall be incompetent to maintain any action
(other than an action for damages in respect of an injury
to his person) without the previous sanction of the Official
Assignee ;
(h) The bankrupt shall once in every six months render to the
Official Assignee an account of all moneys and property
which have come to his hands for his o^vn use during
the preceding six months and shall pay and make over
to the Official Assignee so much of the same moneys and
property as shall not have been expended in the necessary
expenses of maintenance of himself and his famUy ;
(c) The bankrupt shall not leave the State without the previous
permission of the Official Assignee or of the Court,
(ii) A bankrupt who makes default in performing or observing
the provisions of this section shall be deemed guilty of a contempt
of Court and shall be punished accordingly on the application of the
Official Assignee.

34. A list of undischarged bankrupts shall be kept by the Official List of
Assignee and shall be published in the Gazette not less than once in bantaiptsto
each year. '^^^"p*-

PART III.
ADMINISTRATION OF PROPERTY.

Proofs of Debts.

35. (i) Demands in the nature of unliquidated damages arising Description
otherwise than by reason of a contract, promise, or breach of trust provaWein
shall not be provable in bankruptcy. bankruptcy.

(ii) A person having notice of any act of bankruptcy available
against the debtor shall not prove under the receiving order for any
debt or liability contracted by the debtor subsequently to the date
of his so having notice.

(iii) Save as aforesaid all debts and liabilities, present or future >
certain or contingent, to which the debtor is subject at the date of
the receiving order or to which he may become subject before his
discharge by reason of any obligation incurred before the date of
the receiving order shall be deemed to be debts provable in bank-
ruptcy.

(iv) An estimate shall be made by the Official Assignee of the
value of any debt or liability provable as aforesaid which by reason
of its being subject to any contingency or contingencies or for any
other reason does not bear a certain value.

(v) Any person aggrieved by any estimate made by the Official
Assignee as aforesaid may appeal to the Court.

264

No. 2 OF 1912.

Mutual
credit and
set-ofl.

Rules as to
jiroof of
debts.

I'riority o£
debts.

(vi) If in the opinion of the Court the value of the debt or Habihty
is incapable of being fairly estimated the Court may make an order
to that effect and thereupon the debt or liability shall for the
purposes of this Enactment be deemed to be a debt not provable
in bankruptcy.

(vii) If in the opinion of the Court the value of the debt or liability
is capable of being fairly estimated the Court may assess the same
and may give all necessary directions for this purpose and the
amount of the value when assessed shall be deemed to be a debt
provable in bankruptcy.

(viii) "Liability" shall for the purposes of this Enactment
include any compensation for work or labour done, any obligation
or possibility of an obligation to pay money or money "s worth on
the breach of any express or implied covenant, contract, agreement,
or undertaking, whether the breach does or does not occur or is or
is not likely to occur or capable of occurring before the discharge
of the debtor, and generally it shall include any express or implied
engagement, agreement, or undertaking to pay or capable of resulting
in the payment of money or money's worth whether the payment is,
as respects amount, fixed or unliquidated or, as respects time,
present or future, certain or dependent on any one contingency or
on two or more contingencies, or, as to mode of valuation, capable
of being ascertained by fixed rules or as matter of opinion.

36. Where there have been mutual credits, mutual debts, or other
mutual dealings between a debtor against whom a receiving order
is made under this Enactment and any other person proving or
claiming to prove a debt under such order an account shall be taken
of what is due from the one party to the other in respect of such
mutual dealings and the sum due from the one party shall be set-
off against any sum due from the other party and the balance of
the account, and no more, shall be claimed or paid on either side
respectively ; but a person shall not be entitled under this section
to claim the benefit of any set-off against the property of a debtor
in any case where he had, at the time of giving credit to the
debtor, notice of an act of bankruptcy committed by the debtor
and available against him.

37. With respect to the mode of proving debts, the right of proof
by secured and other creditors, the admission and rejection of proofs,
and the other matters referred to in the third schedule, the rules in
that schedule shall be observed.

38. (i) In the distribution of the property of a bankrupt there
shall be paid in priority to all other debts

(a) all wages or salary of any clerk or servant in respect of
services rendered to the bankrui)t during the four months
next before the date of the receiving order not exceeding
two hundred and fifty dollars for each clerk or servant;
and

{b) all wages of any labourer or workman not exceeding two
huruh-ed and fifty dollars for eacli whether payable for
tinu! or piece-work in respect of services rendered to the
bankrupt during the four months next before the date
of the receiving order ;

BANKRUPTCY. 265

(c) any sum of money due at the date of the receiving order
from the bankrupt in respect of rates or taxes for the
current year.

(ii) The foregoing debts shall rank equally between themselves
and shall be paid in full unless the property of the bankrupt is
insufficient to meet them in which case they shall abate in equal
proportions between themselves.

(iii) In the case of partners the joint estate shall be applicable
in the first instance in payment of their joint debts and the separate
estate of each partner shall be applicable in the first instance in
payment of his separate debts. If there is a surplus of the separate
estates it shall be dealt with as part of the joint estate. If there is
a surplus of the joint estate it shall be dealt with as part of the
respective separate estates in proportion to the right and interest
of each partner in the joint estate.

(iv) Subject to the provisions of this Enactment all debts
proved in the bankruptcy shall be paid 'pari passu.

(v) If there is any surplus after payment of the foregoing debts
it shall be applied in paj^ment of interest from the date of the
receiving order at the rate of eight per centum j)er annum on
all debts proved in the bankruptcy.

(vi) Where a debt has been proved upon a debtor's estate and
such debt includes interest or any pecuniary consideration in lieu
of interest such interest or consideration shall for the purj^oses of
dividend be calculated at a rate not exceeding eight per centum
per annum without prejudice to the right of a creditor to receive
out of the estate any higher rate of interest to which he may be
entitled after all the debts proved in the estate have been paid in full.

(vii) Where an interim receiver has been appointed before the
making of the receiving order the date of such appointment shall
for the purposes of this section be deemed to be the date of the
receiving order.

39. (i) Where, at the time of the presentation of the bankruptcy Preferential
petition, any person is apprenticed or is an articled clerk to the ol^^jprenHc^e-
bankrupt the adjudication of bankruptcy shall, if either the bank- ship and in
rupt or apprentice or clerk gives notice in writing to the Official passage-
Assignee to that effect, be a complete discharge of the indenture ™°"®J'-
of apprenticeship or articles of agreement ; and if anj^ money has
been paid by or on behalf of the apprentice or clerk to the bankrupt
as a fee, the Official Assignee may, on the application of the
apprentice or clerk or of some person on his behalf, pay such
sum as the Official Assignee subject to an appeal to the Court
thinks reasonable out of the bankrupt's property to or for the
use of the apprentice or clerk regard being had to the amount
paid by him or on his behalf and to the time during which he served
with the bankrupt under the indenture or articles before the com-
mencement of the bankruptcy and to the other circumstances of
the case ; pro\'ided that where it appears expedient to the Official
Assignee he may on the application of the apj^rentice or articled
clerk or of some person on his behalf instead of acting under

266

No. 2 OF 1912.

Power of
landlord to
distrain lor
rent.

the preceding provisions of this section transfer the indenture of
apprenticeship or articles of agreement to some other person.

(ii) Where, at the date of the receiving order, any person is in
the employment of the bankrupt who came to the States for the
purpose of entering into such employment either under any contract
to serve the bankrupt for a period of not less than one year, which
period has not elapsed three months before the date of such order,
or under a contract either absolutely orconditionally that such person
shall be provided with a passage to another country on the deter-
mination of his employment and such person has not obtained other
employment and is desirous of leaving the States the Court may,
if it should seem just and expedient under all the circumstances
of the case, direct the Official Assignee to provide for such person
such passage as he is entitled to under the contract or if he be not
so entitled then a suitable passage to the country whence he came
for the purpose of entering into such employment or in either case
any other not more costly passage which such person may desire.

40. (i) Subject to the provisions of the Civil Procedure Code,
1902, the landlord or other person to whom any rent is due from the
bankrupt may at any time either before or after the commencement
of the bankruptcy distrain upon the goods or effects of the bankrupt
for the rent due to him from the bankrupt with this limitation that
if such distress for rent be levied after the commencement of the
bankruptcy it shall be available only for three months rent accrued
due prior to the date of the order of adjudication but the landlord
or other person to whom the rent may be due from the bankrupt
may prove under the bankruptcy for the surplus due for which the
distress may not have been available.

(ii) For the purpose of this section the term " order of adju-
dication " shall be deemed to include an order for the administration
of the estate of a debtor whose debts do not exceed five hundred
dollars or of a deceased person who dies insolvent.

Eolation
back of Assig
nee's title.

Description

of bankrupt's

property

divisible

amonj^st

creditors.

Property Available for Payment of Debts.

41. The bankruptcy of a debtor, whether the same takes place
on the debtor's own petition or ujion that of a creditor, shall be
deemed to have relation back to, and to commence at, the time of the
act of bankruptcy being committed on which a receiving order is
made against him or, if the bankrupt is proved to have committed
more acts of bankruptcy than one, to have relation back to, and to
commence at, the time of the first of the acts of bankruptcy proved
to have been committed by the bankrupt within twelve months next
preceding the date of the adjudication ; but no bankruj)tcy petition,
receiving order, or adjudication shall be rendered invalid by reason of
any act of bankruptcy anterior to the debt of the petitioning creditor.

42. The property of th(5 bankrupt divisible among his creditors
and in this Enactment refenxHl to as the property of the bankrupt
shall not comprise the following particulars :

{(i) Property held by the bankrupt on trust for any other person ;

BANKRUPTCY. 267

(b) The tools (if any) of his trade and the necessary wearing

apparel and bedfling and other like necessaries of himself,
his wife (or wives), and children to a value inclusive of tools
and apparel and the other things aforesaid not exceeding
one hundred dollars in the whole.

But it shall comprise the following particulars :

(a) All such property as may belong to or be vested in the
bankrupt at the commencement of the bankruptcy or may
be acquired by or devolve on him before his discharge ; and

(6) The capacity to exercise and to take proceedings for exer-
cising all such powers in or over or in respect of property
as might have been exercised by the bankrupt for his own
benefit at the commencement of his bankruptcy or before
his discharge ; and

force relating to bills of sales all goods being at the com-
mencement of the bankrujotcj' in the possession, order, or
disposition of the bankrupt by the consent and permission
of the true ov.ner under such circumstances that the
bankrupt is the reputed owner thereof ; provided that
things in action other than debts due or growing due to
the bankrupt in the course of his trade or business shall
not be deemed goods within the meaning of this section.

Effect of Bankruptcy on Antecedent Transactions.

43. (i) Where a creditor has issued execution against the goods or Restriction of
lands of a debtor or has attached any debt due or property belonging creditor under
to him he shall not be entitled to retain the benefit of the execution or '^?f^^j^'^ ?'
attachment against the Official xVssignee unless he has completed the
execution or attachment before the date of the receiving order and

before notice of the presentation of any bankruptcy petition by or
against the debtor or of the commission of any available act of
bankruptcy by the debtor.

(ii) For the purposes of this Enactment an execution against
goods or land is completed by seizure and sale or in the case of any
interest in land by the appointment of a receiver ; an attachment of
a debt is completed by receipt of the debt ; and an attachment of
property is completed by the sale of such property and the satis-
faction out of the proceeds of such sale of the judgment in execution
of which the attachment was made.

44. (i) Where any property of a debtor is taken in execution and Duties of
before the sale or realization thereof, or the delivery to the execution propert^
creditor of any moneys seized or paid in order to avoid sale, notice is taken m
served on the Sheriff that a receiving order has been made against

the debtor the Sheriff shall deliver the property or the possession
thereof and any such moneys to the Official Assignee but the costs of
and incidental to the execution shall be a first charge on such
property or moneys and the Official Assignee may sell the property
or an adequate part thereof for the purpose of satisfying the charge.

268

No. 2 OF 1912.

Duty of
Sheriff as to
money
received by
him on
seizure or
subsequently
thereto.

Eiecution not
invalid by
reason of
seizure being
an act of
bankruptcy.

Avoidance of

voluntary

settlements.

(ii) Where an order of execution has been made in respect of a
decree for a sum exceeding one hundred dollars the Sheriff shall hold
all moneys coming to his hands under such order for fourteen days
from the receipt thereof and if, within that time notice is served on
him of a bankruptcy petition having been presented against or by
the debtor and a receiving order is made against the debtor thereon
or on any other petition of which the Sheriff has notice, the Sheriff
shall deduct the costs of and incidental to the execution and pay the
balance to the Official Assignee who shall be entitled to retain the
same as against the execution creditor.

(iii) An execution levied on property of a debtor is not invalid by
reason of the seizure being an act of bankruptcy and a person who
purchases the property in good faith under a sale by the Sheriff shall
in all cases acquire a good title to it against the Official Assignee.

(iv) Where the act of bankruptcy upon which a bankruptcy
petition is founded is the seizure of any property under a judgment
and the debtor has had a receiving order made against him on such
petition then the costs of the judgment creditor incurred by him in
obtaining such judgment during the thirty days next preceding the
taking of the jjroperty in execution shall be payable out of the assets
of the bankrupt in the same manner and in the same order of priority
as the costs of the petitioning creditor.

45. (i) Any settlement of property (not being a settlement made
Ijefore and in consideration of marriage or a settlement made in
favour of a purchaser or incumbrancer in good faith and for valuable
consideration or a settlement made on or for the wife or children of
the settlor of property which has accrued to the settlor after marriage
in right of his wife) shall, if the settlor becomes bankrupt within two
years after the date of the settlement, be absolutely void against the
Official Assignee and shall, if the settlor becomes bankrupt at any
subsequent time within ten years after the date of the settlement,
be void against the Official Assignee unless the parties claiming under
the settlement can prove that the settlor was at the time of making
the settlement able to pay all his debts M'ithout the aid of the
property comprised in the settlement and that the interest of the
settlor in such property had passed to the trustee of such settlement
on the execution thereof.

(ii) Any covenant or contract made in consideration of marriage
for the future settlement on or for the settlor's wife, wives, or children
of any money or property wherein he had not at the date of his
marriage any estate or interest, whether vested or contingent, in
possession or remainder, and not being money or property of or in
right of his wife shall, on his becoming bankrupt before the j:>roperty
or money has been actually transferred or paid pursuant to the
contract or covenant, be void against the Official Assignee.

(iii) " Settlement " for the purposes of this section includes any
conveyance or transfer of jn-opcrty, bill, ])ond, note, security for
money oi- covenant for the payment of money, and any gift of money.

(iv) For tlu^ purposes of this section a settlor who dies insolvent
shall be deemed to have become bankruj)t at the date of his death.

BANKRUPTCY. 269

(v) This section applies to settlements made either before or
after the commencement of this Enactment.

46. (i) Every conveyance or transfer of property or charge Avoidance of
thereon made, every paj^ment made, every obligation incurred, and certalnrasos!'
every judicial proceeding taken or suffered, by any person unable to

pay his debts as they become due from his own money, in favour of
any creditor or any person in trust for any creditor with a view of
giving such creditor a jireference over the other creditors shall, if
the person making, taking, paying, or suffering the same is adjudged
bankrupt on a bankruptcy petition presented within three months
after the date of making, taking, paying, or suffering the same, be
deemed fraudulent and void as against the Official Assignee.

(ii) This section shall not affect the rights of anj' person making
title in good faith and for valuable consideration through or under
a creditor of the bankrui)t.

47. Subject to the foregoing provisions of this Enactment, mth Protection ot
respect to the effect of bankruptcy on an Cz-xecution or attachment transactions
and with respect to the avoidance of certain settlements and ^^j|^°g"'
preferences, nothing in this Enactment shall invalidate in the case

of a bankruptcy

(a) any payment by the bankrupt to any of his creditors ;

(b) any payment or delivery to the bankrupt ;

consideration ;

(d) any contract, dealing, or transaction by or \\ ith the bankrupt

for valuable consideration :
provided that both the following conditions are complied with —
namely :

(1) the payment, delivery, conveyance, assignment, con-

tract, dealing, or transaction, as the case may be,
takes place before the date of the receiving order ;
and

(2) the person (other than the debtor) to, by, or with,

whom the payment, delivery, conveyance, assign-
ment, contract, dealing, or transaction was made,
executed, or entered into has not at the time of the
payment, delivery, conveyance, assignment, con-
tract, dealing, or transaction notice of any available
act of bankruptcy committed by the bankrupt
before that time.

Realization oy Property.

48. (i) An Official Assignee shall forthwith, after the adjudication, rosseKionof
take possession of the deeds, books, and documents of the bankrupt A3°i'.f,^ee.'^^
and all other parts of his property capable of manual delivery.

(ii) Such Official Assignee shall in relation to, and for the purpose
of acquiring or retaining possession of, the property of the bankrupt
be in the same position as if he were a receiver of the property
appointed by the Court and the Court may on his application enforce
such acquisition or retention accordingly.

270

No. 2 OF 1912.

Seizure of
property of
bankrupt.

(iii) Where any part of the property of the bankrupt consists of
stock, shares in ships, shares or any other property transferable in
the books of any company, office, or person the Official Assignee may
exercise the right to transfer the property to the same extent as the
bankrupt might have exercised it if he had not become bankrupt.

(iv) Where any part of the property of the bankrupt consists of
things in action such things shall be deemed to have been duly
assigned to the Official Assignee.

(v) Any treasurer or other officer or any banker, attorney, or agent
of a bankrupt shall pay and deliver to the Official Assignee all money
and securities in his possession or power as such officer, banker,
attorney, or agent which he is not by law entitled to retain as against
the bankrupt or the Official Assignee. If he does not he shall be
guilty of a contempt of Court and may be punished accordingly on
the application of the Official Assignee.

49. Any person acting under warrant of the Court may seize any
part of the property of a bankrupt in the custody or possession of the
bankrupt or of any other person and with a view to such seizure may
break open any house, building, or room of the bankrupt where
the bankrui^t is supposed to be or any building or receptacle of the
bankrupt where any of his property is supposed to be ; and where
the Court is satisfied that there is reason to believe that property of
the bankrujat is concealed in a house or place not belonging to him the
Court may, if it thinks fit, grant a search warrant to any police officer
or officer of the Court who may execute it according to its tenor in
the same manner and subject to the same privileges in and subject
to which a search warrant for property supposed to be stolen may be
executed according to law.

Appropriation
of portion of pay
or salary to
creditors.

50. (i) Where a bankrupt is an officer of His Britannic Majesty's
Army or Navy or of the Malay States Guides or an officer or clerk or '
otherwise employed or engaged in the Civil Service of the Federated
Malay States or of any one of them the Official Assignee shall receive
for distribution amongst the creditors so much of the bankrupt's pay
or salary as the Court, on the application of the Official Assignee,
with the consent of the chief officer of the department under which
the 2>ay or salary is enjoyed, may direct. Before making any order
under this sub-section the Court shall communicate with the chief
officer of the department as to the amount, time, and manner of the
payment to the Official Assignee and shall obtain the written consent
of such cliief officer to the terms of such payment.

(ii) Where a bankrupt is in receipt of a salary or income other
than as aforesaid or is entitled to any half-pay or pension or compen-
sation granted by the Government of the Federated Malay States or
of any one of them the Court, on the application of the Official
Assignee, shall, subject to the provisions of any written law for the
time being regulating the grant and payment of pensions, from time
to time make such order as it thinks just for the payment of the
salary, income, half-pay, pension, or compensation or of any part
thereof to the Official Assignee to be applied by him in such manner
as the Court may direct.

BANKRUPTCY, 271

(iii) Nothing in this section shall take away or abridge any power
of such Government to dismiss a bankrupt or to declare the pension,
half-paj!-, or compensation of any bankrupt to be forfeited.

51. The property of the bankrupt shall pass from Official Assignee vesting anj
to Official Assignee and shall vest in the Official Assignee for the pro'^irty?^
time being without any conveyance, assignment, or transfer what-
ever.

52. (i) Where any part of the property of the bankrujit consists Disclaimer of
of land (of any tenure) burdened with onerous covenants, of shares or property,
stock in companies, of unprofitable contracts, or of any other jjroperty

that is unsaleable or not readily saleable by reason of its binding the
l^ossessor thereof to the performance of any onerous act or to the
payment of any sum of money the Official Assignee, notwithstanding
that he has endeavoured to sell or has taken possession of the
property or exercised any act of OAvnership in relation thereto but
subject to the provisions of this section, msbj, by writing signed by
him, at any time disclaim the property.

(ii) The disclaimer shall operate to determine as from the date of
disclaimer the rights, interests, and liabilities of the bankrupt and his
property in, or in respect of, the property disclaimed and shall also
discharge the Official Assignee from all personal liability in respect of
tlie property disclaimed as from the date when the property vested
in him but shall not, except so far as is necessary for the purpose of
releasing the bankrupt and his property and the Official Assignee
from liability, affect the rights or liabilities of any other person.

(iii) The Official Assignee shall not be entitled to disclaim a lease
without the leave of the Court except in any cases which may be
prescribed by general rules or where all persons interested in the
property consent to such disclaimer and the Court may before or on
granting such leave require such notices to be given to persons
interested and impose such terms as a condition of granting leave
and make such orders with respectto fixtures, tenant's improvements,
and other matters arising out of the tenancy as the Court thinks
just.

(iv) The Official Assignee shall not be entitled to disclaim any
property in pursuance of this section in any case where an applica-
tion in \ATiting has been made to him by any person interested in
the property requiring him to decide whether he will disclaim or
not and he has for a period of three days after the receipt of
the application, or such extended period as may be allowed by the
Court, declined or neglected to give notice whether he disclaims the
property or not ; and in the case of a contract if the Official Assignee
after such application as aforesaid does not within the said period
or extended period disclaim the contract he shall be deemed to
have adopted it.

(v) The Court may on the application of any person who is as
against the Official Assignee entitled to the benefit or subject to the
burden of a contract made with the bankrupt make an order
rescinding the contract on such terms as to payment by or to either
party of damages for the non-performance of the contract or
otherwise as to the Court may seem equitable ; and any damages

272 No. 2 OF 1912.

payable under the order to any such person may be proved by him
as a debt under the bankruptcy.

(vi) The Court may, on application by any person either claiming
any interest in any disclaimed property or under any liability not
discharged by this Enactment in respect of any disclaimed property
and on hearing such persons as it thinks fit, make an order for the
vesting of the property in, or delivery thereof to, any person en-
titled thereto or to whom it may seem just that the same should
be delivered by way of compensation for such liability as aforesaid
or a trustee for him and on such terms as the Court thinks just ;
and on any such vesting order being made the property comprised
therein shall vest accordingly in the person therein named in that
behalf without any conveyance or assignment for the purpose :

Provided always that where the property disclaimed is of a lease-
hold nature the Court shall not make a vesting order in favour of
any person claiming under the bankrupt, whether as under-lessee
or as mortgagee or chargee by demise, except upon the terms of
making such person subject to the same liabilities and obligations
as the bankrupt was subject to under the lease in respect of the
property at the date when the bankruptcy petition was filed and
any mortgagee, chargee or under-lessee declining to accept a vesting
order upon such terms shall be excluded from all interest in and
security upon the property and, if there shall be no person claiming
under the bankrupt who is willing to accept an order upon" such
terms, the Court shall have power to vest the bankrupt's estate and
interest in the property in any person liable, either personally
or in a representative character and either alone or jointly with the
bankrupt, to perform the lessee's covenants in such lease freed
and discharged from all estates, incumbrances, and interests created
therein by the bankrupt.

(vii) Any person injured by the operation of a disclaimer under
this section shall be deemed to be a creditor of the bankrupt to the
extent of the injury and may accordingly prove the same as a debt
under the l)ankruptcy.

Powers of 53. Subject to the provisions of this Enactment an Official

wftifproperty?' Assignee may do all or any of the following things :

(a) Sell all or any part of the property of the bankrupt (in-
cluding the good-will of his business, if any, and the
book-debts due or growing due to him) by public auction
or private contract with power to transfer the whole
thereof to any person or company or to sell the same in
])arcels ;

(A) (Jive rc^ceipts for any mcmey received by him which receipts
shall effectually discharge the person ])aying the money
from all responsibility in respect of the application thereof ;

{(•) Prove, rank, claim, and draw a dividend in respect of any
debt due to the bankrupt ;

(d) Exercise any powers the capacity to exercise which is vested
in an Official Assignee under this Enactment and execute
any ])owers of attorney, deeds, and other instruments
for the purpose of carrying into effect the jH-ovisions of
this Enactment :

BANKRUPTCY. 273

(e) Deal with any in'operty to which the bankrupt is beneficially
entitled in the same manner as the bankrupt might
have dealt with it ; and any such dealing with any pro-
perty to which the bankrupt is before his discharge so
entitled shall, although the bankrupt be dead at the time
of that dealing, be as valid and have the same operation
as though the bankrupt were then alive.

54. An Official Assignee may, subject to any general or special Powersexer-
orders of the Court, do all or any of the following things : AssigneeLb-

. , ject to orders of

(a) Carry on the busmess of the bankrupt so tar as may be court.

necessary for the beneficial winding up of the same ;

(b) Bring, institute, or defend any action or other legal pro-

ceeding relating to the property of the bankrupt ;

tary to Government, a Solicitor or other agent to take any
proceedings or do any business ;

(d) Accept as the consideration for the sale of anj^ property of

the bankrupt a sum of money payable at a future time
subject to such stipulations as to security and otherwise
as he thinks fit ;

(e) Mortgage, charge, or pledge any part of the property of the

bankrupt for the purpose of raising money for the pay-
ment of his debts ;

(/) Refer any dispute to arbitration or compromise all debts,
claims, and liabilities, whether present or future, certain
or contingent, liquidated or unliquidated, subsisting or
supposed to subsist between the bankrupt and any person
who may have incurred any liability to the bankrupt,
on the receipt of such sums payable at such times and
generally on such terms as may be agreed on ;

{g) Make such compromise or other arrangements as may be
thought expedient with creditors or persons claiming to
be creditors in respect of any debts provable under the
bankruptcy ;

(h) Make such compromise or other arrangement as may be
thought expedient with respect to any claim arising out
of or incidental to the property of the bankrupt made
or capable of being made on the Official Assignee by any
person or by the Official Assignee on anj^ person ;

(i) Divide in its existing form amongst the creditors accord-
ing to its estimated value any property which from its
peculiar nature or other circumstances cannot be readily
or advantageously sold.

Distribution of Property.

,s TTiav be necessarv

and distribu-

55. (i) Subject to the retention of such sums as may be necessary ^^^^'^ratj^'J
for the costs of administration or otherwise, an Official Assignee shall, tionof
with all convenient speed, declare and distribute dividends amongst dividend
the creditors who have proved their debts.
11—18

274

No. 2 OF 1912.

Joint and

separate

dividends.

Provision for
creditors
residing at a
distance, etc.

Right of
creditor who
has not
proved debt
before decla-
ration of a
dividend.

(ii) The first dividend, if any, shall be declared and distributed
within four months after the adjudication unless the Official Assignee
satisfies the Court that there is sufficient reason for postponing
the declaration to a later date.

(iii) Subsequent dividends shall, in the absence of sufficient
reason to the contrary, be declared and distributed at intervals of
not more than six months.

(iv) Before declaring a dividend the Official Assignee shall cause
notice of his intention to do so to be gazetted and shall also send
reasonable notice thereof to each creditor mentioned in the bank-
rupt's statement who has not proved his debt.

(v) When the Official Assignee has declared a dividend he shall
send, to each creditor who has proved, a notice shewing the amount
of the dividend and when and how it is payable and a statement
in the prescribed form as to the particulars of the estate.

(vi) No dividend shall be paid to any creditor which does not
amount to one dollar or over.

56. (i) Where one partner of a firm is adjudged bankrupt a
creditor to whom the bankrupt is indebted jointly with the other
partners of the firm or any of them shall not receive any dividend
out of the separate property of the bankrupt until all the separate
creditors have received the full amount of their respective debts.

(ii) Where joint and separate properties are being administered
dividends of the joint and separate properties shall, subject to any
order to the contrary that may be made by the Court on the ap-
plication of an Official Assignee or any person interested, be declared
together ; and the expenses of and incident to such dividends
shall be fairly apportioned by the Official Assignee between the joint
and separate properties regard being had to the work done for,
and the benefit received by, each property.

57. In the calculation and distribution of a dividend an Official
Assignee shall make provision for debts provable in bankruptcy
appearing from the bankrupt's statements or otherwise to be due to
jiersons resident in places so distant from the place where such
Official Assignee is acting that in the ordinary course of communi-
cation they have not had sufficient time to tender their proofs
or to establish them if disputed and also for debts provable in
bankruptcy the subject of claims not yet determined. He shall
also make provision for any disputed proofs or claims and for the
expenses necessary for the administration of the estate or otherwise
and, subject to the foregoing provisions, he shall distribute as
dividend all money in hand.

58. Any creditor who has not proved his debt before the declara-
tion of any dividend or dividends shall be entitled to be paid out of
any money for the time being in the hands of an Official Assignee
any dividend or dividends which he may have failed to receive
before that money is applied to the payment of any future dividend
or dividends but he shall not be entitled to disturb the distribution
of any dividend declared before his debt was proved by reason that
he has not participated therein.

BANKRUPTCY.

275

59. When an Official Assignee has reaHzed all the property of the Final
bankrupt, or so much thereof as can in his opinion be realized 'I'^i^e"'!-
without needlessly protractmg the proceedings in bankruptcy, he

shall declare a final dividend ; but before so doing he shall give
notice, in manner prescribed, to the persons whose claims to be
creditors have been notified to him but not established to his satis-
faction, that if they do not establish their claims to the satisfaction
of the Court within a time limited by the notice he will proceed to
make a final dividend without regard to their claims. After the
expiration of the time so limited or, if the Court on application
by any such claimant grants him further time for establishing his
claim then on the expiration of such further time, the property
of the bankrupt shall be divided among the creditors who have
proved their debts without regard to the claims of any other persons.

60. No action for a dividend shall lie against an Official Assignee no action for
but if he refuses to j^ay any dividend the Court may, if it thinks '^'^''^^^^'i-
fit, order him to pay it and also to pay out of his own money
interest thereon for the time that it is Avithheld and the costs of •

the application.

61. (i) An Official Assignee may appoint the bankrupt himself power to
to superintend the management of the property of the bankrupt or of bantai .t to
any part thereof or to carry on the trade (if any) of the bankrupt manage
for the benefit of his creditors and in any other respect to aid in p''°p^'^^'
administering the property in such manner and on such terms as

an Official Assignee may direct.

(ii) An Official Assignee may from time to time make such AUowanceto
allowance as he thinks just to the bankrupt out of his property for ^alllt^nancl
the support of the bankrupt and his family or in consideration of or service.
his services (if he is engaged in winding up his estate) but the Court
may reduce any such allowance and limit the time for which it
may be made.

62. The bankrupt shall be entitled to any surplus remaining after Right of
payment in full of his creditors with interest as by this Enactment Bur"i!il^'^"°
provided and of the costs, charges, and expenses of the proceedings

under the bankruptcy petition.

PART IV.
OFFICIAL ASSIGNEES.

63. (i) The Chief Secretary to Government, w^ith the approval of Appointment
the High Commissioner, may from time to time appoint such person ^.S^i^^'of
or persons as he thinks fit, by name or office, to be Official Assignee debtors' estates.
or Assignees or Assistant Official Assignee or Assignees of debtors'
estates and may remove any person so appointed from such office.
The Official Assignees and Assistant Official Assignees shall act
under the general authority and directions of the Chief Secretary
to Government but shall also be officers of the Court.

(ii) The number of Official Assignees and Assistant Official
Assignees so to be appointed and the districts to be assigned to

276

No. 2 OF 1912.

status of
Official

Assignee.

Duties of
Official
Assignee as
regards the
debtor's
conduct.

Duties ol
Official
Assignee as to
debtor's estate.

theiu .sliall hv lixed by the High Commissioner. One Assistant
Official Assignee only shall be appointed for each State but an
Official Assignee may be apjiointed for more than one State.

(iii) The Chief Secretary to Government may from time to time
appoint, by name or office, such other officers either temj^orary
or permanent as he may think necessary for carrying into effect
the provisions of this Enactment and may assign to them such duties
as he may think fit and may remove any such officer from office.

(iv) An Assistant Official Assignee shall have and may exercise
all the powers of an Official Assignee in the State for which he is
appointed but shall act in the jDcrformance of his duties under the
general control and supervision of an Official Assignee.

64. (i) The duties of an Official Assignee shall have relation both
to the conduct of the debtor and to the administration of his estate.

(ii) An Official Assignee may for the purjjose of affidavits, veri-
fying proofs, petitions, or other proceedings under this Enactment
administer affirmations.

(iii) Every Official Assignee and Assistant Official Assignee shall
be deemed to be a public servant within the meaning of the Penal
Code.

65. As regards the debtor it shall be the duty of an Official
Assignee

(a) to investigate the conduct of the debtor and to report to
the Court stating whether there is reason to believe that
the debtor has committed any act which constitutes an
offence under this Enactment or under Section 421, Section
422, Section 423, or Section 424 of the Penal Code or
which would justify the Court in refusing, suspending,
or qualifying an order for his discharge ;

(/>) to make such other reports concerning the conduct of the
debtor as the Court may direct or as may be prescribed ;

(fl) if it appears to him in the course of any proceedings in
bankruptcy that there is ground for believing that a
debtor against whom a receiving order has been made
has been guilty of an offence punishable under this Enact-
ment or under Section 421, Section 422, Section 423, or
Section 424 of the Penal Code to institute a prosecution
against such debtor if he thinks there is reasonable
probability that su(;h debtor may be convicted and to
take such part and give such assistance in or in relation
to such prosecution as the Public Prosecutor may direct.

66. (i) As regards the estate of a debtor it shall be the duty of
an Official Assignee

(a) to act as receiver of the debtor's estate and to act as manager
thereof where a special manager has not been appointed ;

BANKRUPTCY. 277

(h) to raise money or make advances for the purposes of the
estate and to authorize the special manager to raise
money or make advances for the like purposes in any
case where in the interests of the creditors it appears
necessary so to do ;

{(l) to issue forms of proxy for use at the meetings of creditors ;

(e) to report to the creditors as to any proposal which the
debtor makes with respect to the mode of liquidating his
affairs ;

(/) to advertise the receiving order, the date of the debtor's
public examination and such other matters as it may be
necessary to advertise.

(ii) For the purpose of his duties as receiver or manager an
Official Assignee shall have the same powers as if he were a receiver
and manager appointed by the Court but shall as far as practicable
consult the wishes of the creditors with respect to the management
of the debtor's proj)crty and may for that purpose, if he thinks it
advisable, summon meetings of the persons claiming to be creditors.

(iii) The Official Assignee shall account to the Court and pay
over all moneys and deal with all securities in such manner as
subject to the provisions of this Enactment the Court from time to
time directs.

67. (i) No payment shall be allowed in the accounts of an Official AUowance and
Assignee or of any special manager in respect of the performance cof^*;'°° °^
by any other person of the ordinary duties which are required by

this Enactment or any rules made thereunder to be performed by
himself.

(ii) All bills and charges of solicitors, managers, accountants,
auctioneers, brokers, and other persons shall be taxed by the
Registrar and no payments in respect thereof shall be allowed in
the accounts of an Official Assignee without leave of the Court
given after such taxation has been made.

(iii) Every such person shall on request by the Official Assignee
(which request the Official Assignee shall make a sufficient time
before declaring a dividend) deliver his bill of costs or charges to
the Registrar for taxation and if he fails to do so within seven days
after receipt of the request or such further time as the Court on
application may grant the Official Assignee shall declare and
distribute the dividend without regard to any claim by him and
thereupon any such claim shall be forfeited as well against the
Official Assignee personally as against the estate.

68. (i) An account called the Bankruptcy Estates Account shall Payment of
be kept with the Federal Treasury in accordance with such rules as Treasury.'*'
the Chief Secretary to Government may from time to time prescribe

and all moneys received by the Court in respect of proceedings under
this Enactment shall be paid to that account.

278

No. 2 OF 1912.

Assignee not
to pay Into
private
account.

Investment
of surplus
funds.

Inspection
and audit
olf Assignee's
accounts.

(ii) Every Official Assignee shall, in such manner and at such
times as the Court with the concurrence of the Chief Secretary to
Government directs, pay the money received by him on account of
estates in bankruptcy into Court to the credit of the Bankruptcy
Estates Account and the Court shall furnish him with a certificate
of receipt of the money so paid.

(iii) If an Official Assignee at any time retains for more than ten
days a sum exceeding five hundred dollars or such other amount as
the Court in any particular case authorizes him to retain then,
unless he explains the retention to the satisfaction of the Court, he
shall pay interest on the amount so retained in excess at the rate
of twenty per centum per annum and shall be liable to pay any
expenses occasioned by reason of his default and submit to such
other consequences as may be prescribed.

(iv) All payments out of money standing to the credit of the
Bankruptcy Estates Account shall be made in the prescribed manner
on the order of the prescribed officer.

69. An Official Assignee shall not pay any sums received by him
as Official Assignee into his private banking account.

70. (i) Whenever the cash balance standing to the credit of
the Bankruptcy Estates Account is in excess of the amount which
in the opinion of the Court is required for the time being to answer
demands in respect of bankrupts' estates the Court raay order such
excess to be invested, whereupon the Treasurer under the direction
of the Chief Secretary to Government shall invest the said sums
or any part thereof in securities in which Court moneys may for the
time being be lawfully invested to be placed to the credit of the
said account.

(ii) Whenever any part of the money so invested is in the opinion
of the Court required to answer any demands in respect of bank-
rupts' estates the Court shall notify to the Treasurer the amount
so required who shall thereupon raise such sum by the sale of such
part of the said securities as may be necessary.

(iii) The dividends on the investments under this section shall
be paid to such account as the Chief Secretary to Government
may direct and regard shall be had to the amoinit thus derived in
fixing tlie fees payable in respect of bankruptcy proceedings,

71. (i) Every Official Assignee shall keep in the proscribed form
an account of his receipts and payments as sucli OHicial Assignee
and shall permit insjic^ction thereof by the bankrupt or by any
creditor who has proved his debt or by any other person interested
subject to payment of the prescribed fee.

(ii) All such accounts shall be audited not less than twice in each
year by such officer as the Chief Secretary to Government may
from time to time appoint in that behalf and for the j)urposes of
such audit the Official Assigiu^e shall produce to the auditing officer
such books and shall furnish him with such vouchers and informa-
tion as he may require.

BANKRUPTCY. 279

72. An Official Assignee shall, whenever required by any creditor Assignee to

furnish list ot
creditors.

SO to do and on payment by such creditor of the prescribed fee,
furnish and transmit to such creditor a list of the creditors shewing
in such list the amount of the debt due to each of such creditors.

73. Every Official Assignee shall keep in manner prescribed Books to be
proper books in which he shall from time to time cause to be made ^ssi^gnee.
entries or minutes of proceedings at meetings and of such other
matters as may be prescribed and any creditor of the bankrupt

may, subject to the control of the Court, personally or by his agent,
inspect any such books.

74. (i) Every Official Assignee shall, on the demand of any officer official
authorized by the Chief Secretary to Government in that behalf in of Assfgnee's
writing, produce for the inspection of such officer all records and records.
documents in his possession relating to any bankruptcy, and such

officer may examine the same and rejjort thereon to the Chief
Secretary to Government.

(ii) The Chief Secretary to Government shall call the Official
Assignee to account for any misfeasance, neglect, or omission which
may be disclosed by any examination made under sub-section (i),
and may require the Official Assignee to make good any loss which
the estate of any bankrupt may have sustained by reason of such
misfeasance, neglect, or omission.

75. (i) When an Official Assignee has realized all the property of Release of
the bankrupt or so much thereof as can in his opinion be realized ^^'S'^®^-
without needlessly protracting the proceedings in bankruptcy and
distributed a final dividend, if any, or has ceased to act by reason

of a composition having been approved or has resigned or has
vacated or been removed from his office the Court shall on his
application cause a report on his accounts to be prepared and on
his complying with all the requirements of the Court shall take
into consideration the report and any objection which may be
urged by any creditor or person interested against the release of
the Official Assignee and shall either grant or withhold the release
accordingly.

(ii) Where the release of an Official Assignee is withheld the
Court may on the application of any creditor or person interested
make such order as it thinks just charging the Official Assignee
with the consequences of any act or default which he may have
done or made contrary to his duty.

(iii) An order of the Court releasing an Official Assignee shall
discharge him from all liability in respect of any act done or default
made by him in the administration of the affairs of the bankrupt
or otherwise in relation to his conduct as Official Assignee but
any such order may be revoked on proof that it was obtained by
fraud or by suppression or concealment of any material fact.

76. An Official Assignee may sue and be sued by the official official name

name of "' the Oliicial Assignee of the property of a bankrupt "" ° ' '>'"S"^«-

inserting the name of the bankrupt and by that name may hold
property of every description, make contracts, sue and be sued,
enter into any engagements binding on himself and his successors

280

No. 2 OF 1912.

Office of
Assignee
vacated by
insolvency.

Discretionary
powers of
Assignee and
control
thereof.

Appeal to
Court against
Assignee.

Control of
Court over
Assignee.

in office and do all other acts necessary or expedient to be done in
the execution of his office.

77. If a receiving order is made against an Official Assignee or
Assistant Official Assignee he shall thereby vacate the office of
Official Assignee or Assistant Official Assignee.

78. (i) Subject to the provisions of this Enactment an Official
Assignee shall in the administration of the property of the bankrupt
have regard to any directions that may be given by resolution of
the creditors at any general meeting and to any advice given by
the consultative committee but so that any directions so given
by the creditors at any general meeting shall in case of conflict
over-ride any advice given by the consultative committee.

(ii) An Official Assignee may from time to time summon general
meetings of the creditors for the purpose of ascertaining their wishes
and it shall be his duty to summon meetings at such times as the
Court may direct or whenever requested in writing so to do by
one-fourth in value of the creditors or by the consultative committee.

(iii) An Official Assignee may apjjly to the Court in manner
prescribed for directions in relation to any j)articular matter arising
unfler the bankruptcy.

(iv) Subject to the provisions of this Enactment an Official
i\ssignee shall use his own discretion in the administration of the
property of the bankrupt.

79. If the bankrupt or any of the creditors or any other person
is aggrieved by any act or decision of an Official Assignee he may
apply to the Court and the Court may confirm, reverse, or modify
the act or decision complained of and make such order in the
premises as it thinks just.

80. (i) The Court shall take cognizance of the conduct of Official
Assignees and in the event of any Official Assignee not faithfully
j)erforming his duties and duly observing all the requirements
imposed on him by any written law or otherwise with respect to
the performance of his duties or in the event of any complaint
being made to the Court by any creditor in regard thereto the
Court shall enquire into the matter and take such action thereon
as may be deemed expedient.

(ii) The Court may at any time require any Official Assignee to
answer any enquiry made by it in relation to any bankruj)tcy in
which he is engaged and may examine on oath such Official Assignee
or any other person concerning the bankruptcy.

(iii) The Court may also direct a local investigation to be made
of the books and vouchers of any Official Assignee.

Supreme
Court
to have
jurisdiction iji
bankruptcy.

PART V.
CONSTITUTION, PROCEDURE, AND POWERS OF COURT.

81. (i) The Supreme Court in each State shall have jurisdiction
in bankruptcy under this Enactment.

(ii) The petition shall be presented to a Court of a Judicial
Commissioner in any State in which the debtor has resided or

BANKRUPTCY. - 281

carried on business during the six months immediately preceding
the presentation of the petition.

(iii) Nothing in this section shall invalidate a proceeding by
reason of its being taken in a wrong Court of a Judicial Commis-
sioner.

(iv) Any proceedings in bankruptcy may at any time and at any
stage thereof, either with or without the application of any of the
parties thereto, be transferred by a Judicial Commissioner from one
Court to another Court or may be retained in the Court in which
the proceedings were commenced although it may not be the Court
in which the proceedings ought to have been commenced.

82. Subject to the provisions of this Enactment and to general Exercise in
rules any Judicial Commissioner exercising jurisdiction in bank- j^urlsdicUon!
ruptcy may exercise in chambers any jurisdiction conferred by this
Enactment on a Court of a Judicial Commissioner.

83. (i) Registrars shall have the powers and jurisdiction in this Jurisdiction
section mentioned and any order made or act done by a Registrar 'of ife^tear^^
in the exercise of the said powers and jurisdiction shall, subject to

an appeal to a Court of a Judicial Commissioner, be deemed the
order or act of the Court.

(ii) Subject to general rules limiting the powers conferred by
this section a Registrar shall have power

(a) to make interim orders in any case of urgency where a
Judicial Commissioner cannot be found in the State ;

(6) to hear and determine any unopposed or ex 'parte applica-
tion which is not required to be made in open Court ;

(c) when a Judicial Commissioner cannot be found in the State
to summon and examine any person known or susj)ected
to have in his possession effects of the debtor or to be
indebted to him or capable of gi\"ing information respecting
the debtor, his dealings, or property.

84. (i) Subject to the provisions of this Enactment, a Court of a General power
Judicial Commissioner under its jurisdiction in bankruptcy shall have ,°i bankruptcy.
full power to decide all questions of priorities and all other questions
whatsoever whether of law or fact which may arise in any case of
bankruptc}^ coming wdthin tlie cognizance of the Court or which the

Court may deem it expedient or necessary to decide for the purpose
of doing complete justice or making a complete distribution of
property in any such case.

(ii) Where default is made by a debtor or other person in obeying
any order or direction given by the Court or given by an Official
Assignee or any other officer of the Court under any power conferred
by this Enactment, the Court may, on the application of the Official
Assignee or other duly authorized jjerson or of its own motion,
order such defaulting debtor or person to comply with the order
or direction so given and may also, if it shall think fit, make an
immediate order for the committal of such defaulting debtor or
other person ; provided that the power given by this sub-section
shall be deemed to be in addition to, and not in substitution for,
any other right or remedy in respect of such default.

282

No. 2 OF 1912.

Appeals in
bankruptcy.

Discretionary
powers of the
Court.

Consolidation
of petitions.

Power to oil an J
carriage of
proceedings.

Continuance
of proceeding!
on deatix of
debtor.

85. (i) The Court of Appeal may review, rescind, or vary any
order made by a Court of a Judicial Commissioner under its bank-
ruptcy jurisdiction.

(ii) Orders in bankruptcy matters shall at the instance of any
person aggrieved be subject to appeal in the same way as orders
of a Court of a Judicial Commissioner in other matters are for the
time being appealable.

(iii) For the purposes of this section an Official Assignee shall be
deemed to be aggrieved by the refusal of any application made by
him to the Court.

86. (i) Subject to the provisions of this Enactment and to general
rules the costs of and incidental to any proceeding in Court under
this Enactment shall be in the discretion of the Court.

(ii) The Court may at any time adjourn any proceedings before it
upon such terms, if any, as it may think fit to impose.

(iii) The Court may at any time amend any written process or
proceeding under this Enactment upon such terms, if any, as it may
think fit to impose.

(iv) Where by this Enactment or by general rules the time for
doing any act or thing is limited the Court may extend the time either
before or after the expiration thereof upon such terms, if any, as the
Court may think fit to impose.

(v) Subject to general rules the Court may in any matter take
the whole or any part of the evidence either viva voce or by
interrogatories or upon affidavit or by commission.

(vi) For the purpose of approving a composition or scheme by
joint debtors the Court may, if it thinks fit, and on the report of an
Official Assignee that it is expedient so to do, dispense with the
public examination of one of such joint debtors if he is unavoidably
prevented from attending the examination by illness or absence
from the States.

87. Where two or more bankruptcy petitions are presented
against the same debtor, or against joint debtors, the Court may
consolidate the proceedings or any of them on such terms as the
Court thinks fit.

88. Where the petitioner does not proceed with due diligence on
his petition the Court may substitute as petitioner any other creditor
to whom the debtor may be indebted in the amount required by
this Enactment in the case of the petitioning creditor or may give
the carriage of the proceedings to an Official Assignee and thereafter
the proceedings shall, unless the Court otherwise orders, be con-
tinued as though no change had been made in the conduct of the
proceedings.

89. If a debtor by or against whom a bankru})lcy petition has
been presented dies the proceedings in the matter shall, unless the
Court otlicrwisc ordci-s, be continued as if he wor(> alive and the
Court may dispense with service of the petition upon him.

BANKRUPTCY. 283

90. The Court may at any time for sufficient reason make an Power to stay
order staying the proceedings under a bankru2)tcy petition either P^'o'^^edings.
altogether or for a hmited time on such terms and subject to such
conditions as the Court thinks just.

91. Any creditor whose debt is sufficient to entitle him to present Power to pre-
a bankruptcy petition against all the partners of a firm may present ^aiifsforle"
a petition against any one or more partners of the firm without partner.
including the others.

92. Where there are more respondents than one to a petition the Power to dis-
Court may dismiss the petition as to one or more of them without ^aitSfsome
prejudice to the effect of the petition as against the other or others r^pondents
of them. ° ^'

93. Where a receiving order has been made on a bankruptcy Property of
petition against or by one member of a partnershiji any other v^ed?n*same
bankruptcy petition against or by a member of the same partner- Assignee.
ship shall be filed in or transferred to the Court in which the first-
mentioned petition is in course of prosecution and the Court shall

give such directions for consolidating the proceedings under the
petitions as it thinks just.

94. Where a member of a partnership is adjudged bankrupt the Action by
Court may authorize the Official Assignee to commence and prose- ttn^p^a^
cute any action or other legal proceedings in the names of the Official pawners.
Assignee and of the bankrupt's partner or partners ; and any release

by any such partner of the debt or demand to which the action or
proceeding relates shall be void ; but notice of the apjDlication for
authority to commence the action or proceeding shall be given to
him and he may shew cause against it and on his application the
Court may, if it thinks fit, direct that he shall receive his proper
share of the proceeds of the action or proceeding and if he does not
claim any benefit therefrom he shall be indemnified against costs in
resj)ect hereof as the Court directs.

95. (i) Any two or more persons being partners or any person Proceedings in
carrying on business under a partnership name may take pro- name!'^'^'^
ceedings or be proceeded against under this Enactment in the name

of the firm ; but in such case the Court may on application by any
person interested order the names of the persons who are partners in
such firm or the name of such person to be disclosed in sucli manner
and verified on affirmation or otherwise as the Court may direct.

(ii) Where a bankrupt is a contractor in respect of any contract Actions on joint
jointly Avith any other person such person may sue or be sued in
respect of the contract without the joinder of the bankrupt.

96. The Court and the officers thereof shall in all matters of bank- Action in aid of
ruptcy act in aid of and be auxiliary to the Courts of the Colony coiony°^*''^
having jurisdiction in bankruptcy ; and an order of the Supreme

Court of the Colony with a request from such Court for aid in any
bankruptcy matter sliall be sufficient to enable a Court of a Judicial
Commissioner to exercise in respect of the matters directed by
such order and specified in such request such jurisdiction as either
the Supreme Court of the Colony or a Court of a Judicial Com-

284

No. 2 OF 1912.

Power to
annul adjudi-
cation in
certain cases.

Meaning of
" paid in full "
in tills section.

missioner could exercise in respect of similar matters within their
several jurisdictions.

97. (i) Where in the opinion of the Court a debtor ouglit not to
have been adjudged bankrupt or where it is proved to the satisfaction
of the Court that the debts of the bankrupt are paid in full or where
it appears to the Court that proceedings are pending in the Colony
or in some other part of His Britannic Majesty's dominions for the
distribution of the bankrupt's estate and effects among his creditors
under the bankruptcy or insolvency laws of that part of His
Britannic Majesty's dominions and that the distribution ought to
take place in that part of His Britannic Majesty's dominions the
Court may annul the adjudication.

(ii) Where an adjudication is annulled under this section all sales
and dispositions of property and payments duly made and all acts
theretofore done by an Official Assignee or other person acting under
his authority or by the Court shall be valid but the property of the
debtor who was adjudged bankrupt shall vest in such person as the
Court ajopoints or in default of any such appointment revert to the
debtor for all his estate or interest therein on such terms and subject
to such conditions (if any) as the Court may declare by order.

(iii) Notice of the order annulling an adjudication shall be forth-
with gazetted and published in at least one newspaper issued in the
States.

(iv) For the purposes of this section any debt disputed by a
debtor shall be considered as paid in full if the debtor enters into a
bond in such sum and with such sureties as the Court approves to
pay the amount to be recovered in any proceeding for the recovery
of or concerning the debt with costs and any debt due to a creditor
who cannot be found or cannot be identiffed shall be considered as
paid in full if paid into Court.

Summary
administration
in small cases.

PART VI.

SMALL BANKRUPTCIES.

98. When a petition is presented by or against a debtor if the
Court is satisfied by affidavit or otherwise or an Official Assignee
reports to the Court that the property of the debtor is not likely to
exceed in value three thousand dollars the (Jourt may make an order
that the debtor's estate be administered in a summary manner and
thereupon the provisions of this Enactment shall be subject to the
following modifications :

(a) No appeal shall lie from any order of the Court except by

order of the Court ;

(b) The estate where practicable shall be distributed in a single

dividend ;

this Enactment as may be prescribed by general rules
with the view of saving expense and simplifying ])rocedure ;
but nothing in this section shall permit the modification
of the provisions of this Enactment relating to the examina-
tion or discharge of the debtor.

BANKRUPTCY. 285

99. (i) Where a decree lias been obtained in a Court of a Judicial Power to make
Commissioner or in a Court of a Magistrate of the First Class and admunstration
the debtor is unable to pay the amount forthwith, if the debtor instead of
alleges that his whole indebtedness amounts to a sum not exceeding payment by
two hundred dollars inclusive of the debt for which the judgment is ^^istaiments.
obtained the Court in which the decree has been obtained and, if the
debtor alleges that his whole indebtedness exceeds two hundred
dollars but does not exceed five hundred dollars, then the Court of a
Judicial Commissioner may make an order providing for the admin-
istration of his estate and for the payment of his debts by instal-
ments or otherwise and either in full or to such extent as to such
Court under the circumstances of the case appears practicable and
subject to any conditions as to his future earnings or income which
such Court may think just.

(ii) The order shall not be invalid by reason only that the total
amount of the debt is found at any time to exceed two hundred
dollars or to exceed five hundi-ed dollars, as the case may be, but in
such case such Court may, if it thinks fit, set aside the order.

(iii) When the order is made the proceedings shall be transmitted
to an Official Assignee who shall carry the order into effect in such
manner as may be prescribed by general rules.

PART VII.
FRAUDULENT DEBTORS AND CREDITORS.

100. " The Court " in this Part means the Court before which an Meaning of

accused person is tried.

' The Court
in this Part."

101. (i) Any person against whom a receiving order has been Punishment
made under this Enactment shall in each of the cases following be aebtors."'*"'*^
punished with imprisonment which may extend to two years or with
fine or with both — that is to say,

(a) if he does not to the best of his knowledge and belief fully
and truly discover to the Official Assignee all his property
and how and to whom and for what consideration and
when he disposed of any part thereof except such part as
has been disposed of in the ordinary way of his trade (if
any) or laid out in the ordinary expenses of his family,
iinless he satisfies the Court that he had no intent to
defraud ;

(h) if he does not deliver up to the Official Assignee or as the
Official- Assignee directs all such part of his property as is
in his custody or under his control and which he is required
by law to deliver up unless he satisfies the Court that he
had no intent to defraud ;

(c) if he does not deliver up to the Official Assignee or as the
Official Assignee directs all books, documents, paj^ers,
and writings in his custody or under his control relating
to his property or affairs unless he satisfies the Court that
he had no intent to defraud ;

286 No. 2 OF 1912.

(d) if, after the presentation of a bankruptcy petition by or

against hiiu or the service of a debtor's summons upon him
or within four months next before such presentation or
service, he conceals any part of his property to the value
of twenty-five dollars or upwards or conceals any debt due
to or from him, unless he satisfies the Court that he had no
intent to defraud ;

(e) if, after the presentation of a bankruptcy petition by or

against him or the service of a debtor's summons upon him
or within four months next before such presentation or
service, he fraudulently removes any part of his property
of the value of twenty-five dollars or upwards ;

(/) if he makes any material omission in any statement relating
to his affairs unless he satisfies the Court that he had no
intent to defraud ;

(g) if, knowing or believing or having reason to believe that a
false debt has been proved by any person under the
bankruptcy, he fails for the period of one month to inform
the Official Assignee thereof ;

(A) if, after the presentation of a bankruptcy petition by or
against him, he prevents the production of any book,
document, paper, or writing affecting or relating to his
property or affairs unless he satisfies the Court that he had
no intent to conceal the state of his affairs or to defeat the
law ;

(i) if, after the presentation of a bankruptcy petition by or
against him or the service of a debtor's summons upon
him or within four months next before such presentation
or service, he conceals, destroys, mutilates, or falsifies or
is j)rivy to the concealment, destruction, mutilation, or
falsification of any book or document affecting or relating
to his proj)erty or affairs unless he satisfies the Court that
he had no intent to conceal the state of his affairs or to
defeat the law ;

(j) if, after the presentation of a bankruptcy petition by or
against him or the service of a debtor's summons upon
him or within four months next before such presentation
or service, he makes or is privy to the making of any false
entry in any book or document affecting or relating to his
property or affairs unless he satisfies tiie Court that he had
no intent to conceal the state of his affairs or to defeat the
law ;

{k) if, after the presentation of a bankruptcy petition by or
against him or the service of a debtor's summons upon him
or within four months next before such presentation or
service, he fraudulently parts with, alters, or makes any
omission in, or is privy to the frautlulently parting with,
altering, or making any omission in, any document affecting
or relating to his property or affairs ;

BANKRUPTCY. 287

(/) if, after the presentation of a bankruptcy petition by or
against him or at any meeting of his creditors within four
months next before the presentation thereof, he atteinpts
to account for any part of his property by fictitious
losses or expenses ;

(m) if, while undischarged, he obtains credit to the extent of one
Imndred dollars or upwards from any person without
informing that person that he is an undischarged bankrupt ;

(71) if, within four months next before the presentation of a
bankruptcy petition by or against him or the service of a
debtor's summons upon him, he by any false representation
or other fraud has obtained any property on credit and
has not paid for the same ;

(o) if, within four months next before the presentation of a
bankruptcy petition by or against him or the service of
a debtor's summons upon him, he, being a trader, obtains
under the false pretence of carrying on business and dealing
in the ordinary way of his trade any jiroperty on credit
and has not paid for the same unless he satisfies the Court
that he had no intent to defraud ;

(p) if, within four months next before the presentation of a
bankruptcy petition by or against him or the service
of a debtor's summons upon him, he, being a trader,
pawns, pledges, or sends out of the States in unusual
quantities or to unusual quarters or dis23oses of other-
wise than in the ordinary way of his trade any property
which he has obtained on credit and has not paid for
unless he satisfies the Court that he had no intent to
defraud ;

((/) if he is guilty of any false representation or other fraud
for the purpose of obtaining the consent of his creditors
or any of them to any agreement with reference to his
affairs or his bankruptcy.

(ii) A person who has sent out of the States any property which
he has obtained on credit and not paid for shall until the contrary be
proved be deemed to have disposed of the same otherwise than in th(^
ordinary Avay of his trade if such property not having been jiaid
or accounted for at the date of the receiving order by the person to
whom the same was sent such last-mentioned person cannot be
found or does not pay or account for the same within a reasonable
time after being called upon so to do by the Official Assignee.

102. (i) If, after the presentation of a bankruptcy petition by Penalty for
or against him or the service of a debtor's summons upon him or wUh°property.
"vWthin four months next before such presentation or service, any
person against whom a receiving order is made under this Enactment
quits the States and takes with him or attempts or makes prepara-
tion to quit the States and to take with him an}^ part of his property
to the amount of fifty dollars or upwards which ought by law to be
divided amongst his creditors he shall (unless he satisfies the Court
that he had no intent to defraud) be punished with imprisonment
which may extend to two years or with fine or with both.

288

No. 2 OF 1912.

Penalty for
absconding in
order to
avoid service
of bankriiptfy
process or
embarrass
bankrupt! y
proceedings.

Penalty on
fraudulentlj'
obtaining
credit, etc.

Penalty on
false claim,
etc.

(ii) A person who quits or attempts or makes preparation to quit
the State in which he resides or carries on business shall until the
contrary be proved be deemed to quit or attempt or make prepara-
tion to quit the States.

103. (i) If any person against whom a receiving order is made
under this Enactment quits or before the making of such order has
quitted the States Avith intent to avoid service of any petition or
other process in bankruptcy or to avoid examination in respect
of his affairs or otherwise to defeat, embarrass, or delay any pro-
ceedings against him in bankruptcy he shall be punished with im-
prisonment which may extend to one year or with fine not exceeding
five hundred dollars or with both.

(ii) A person who, after the presentation of a bankruptcy j^etition
by or against him or the service of a debtor's summons upon him
or within three months next before such presentation or service,
quits the States shall (until the contrary be proved) be deemed to
quit the States with such intent as in this section is mentioned.

104. (i) Any person shall in each of the cases following be punished
with im]:)risonment which ma}^ extend to one year or with fine or
with both — that is to say :

(a) If in incurring any debt or liability he has obtained credit
under false pretences or by means of any other fraud ;

(h) If he has, with intent to defraud his creditors, or any of
them, made or caused to be made any gift, delivery, or
transfer of or any charge on his property ;

(c) If he has, with intent to defraud his creditors or any of
them, concealed or removed any part of his property since
or within two months before the date of any unsatisfied
judgment or order for jiayment of money obtained against
him.

(ii) A person who having an unsatisfied judgment for a sum
exceeding two hundred and fifty dollars entered up against him
obtains credit shall until the contrary be proved be deemed to have
obtained such credit under false pretences or by means of fraud.

105. (i) If any creditor in any bankruptcy, composition or
arrangement with creditors makes any claim, proof, declaration, or
statement of account which is untrue in any material particular
he shall (unless he satisfies the Court that he had no intent to
defraud) be punished with imprisonment of either description
which may extend to one year or with fine or with both.

(ii) If a creditor obtains or receives any money or property or
security from any jaerson as an inducement for forbearing to oppose
or for consenting to the discharge of a bankrupt he shall be punished
with a fine which may extend to three times the amount or value of
such money, property, or security.

(iii) If any ])erson, knowing that a receiving order has been made
against a debtor, removes, conceals, receives, or otherwise deals
with or disposes of any part of the property of such debtor with
intent to defeat the order he shall be punished with a fine which

BANKRUPTCY.

289

extravagaiioe,
etc., how
puuisheJ.

may extend to double the amount or value of such property or
imprisonment of either description which may extend to three
years or with both.

(iv) Fines imposed and levied under this section shall be deemed
part of the property of the debtor and shall vest in the Official
Assignee.

106. Where a debtor makes any composition or arrangement Debts incurred
with his creditors he shall remain liable for the unpaid balance of ^y^''^"'^-
any debt which he incurred or increased by any fraud or whereof

before the date of the composition or arrangement he obtained
forbearance by any fraud : provided that the defrauded creditor
has not assented to the composition or arrangement otherwise
than by proving his debt and accepting dividends.

107. At any time after the public examination of the debtor omission to
a Judicial Commissioner may, if he thinks fit, order the bankrupt Jjebts'^sp^u-
to undergo imprisonment of either description for any term not lation, and
exceedmg three months if it appears to mm that the bankrupt,

(a) having been engaged in trading or other business has not kept

such books of account as sufficiently disclose his business
transactions and financial position within the three years
immediately preceding his bankruptcy or within such
shorter period immediately preceding that event as the
Judicial Commissioner deems reasonable under the cir-
cumstances ; or

(b) having been engaged in trading or other business has not

produced such books as in the preceding paragraph
mentioned Avhen called upon by the Official Assignee to
do so ; or

having any reasonable ground or expectation of being
able to pay it ; or

(d) has brought on or contributed to his bankruptcy by rash

speculations or extravagance in living.

108. Where a debtor has been guilty of any offence he shall not criminal
be exempt from being proceeded against therefor by reason that Jjfscha^'e^*'''^
he has obtained his discharge or that a composition or scheme of composition.
arrangement has been accepted or approved.

109. No prosecution for any offence punishable under this
Enactment shall unless by order of a Judicial Commissioner be
commenced without the sanction in ^VTiting of the Public Prosecutor IssFgiiee
or of an Official Assignee.

Consent of
Public
Prosecutor or

necessary for
prosecution.

110. In a charge of an offence under this Enactment it shall be Form of
sufficient to set forth the substance of the offence charged in the charge.
words of this Enactment specifying the offence or as near thereto
as circumstances admit without alleging or setting forth any debt,
act of bankruptcy, adjudication, or any proceedings in, or order,
warrant, or document of, any Court acting under this Enactment.
II— 19

290

No. 2 OF 1912.

Application
to married
women.

Order for
administration
in bankruptcy
of estate of
deceased
person.

Effect of such
order.

PART VIII.
SUPPLEMENTARY PROVISIONS.

111. A married woman shall in respect of her separate property
(if any) be subject to this Enactment in the same way as if she were
unmarried.

112. (i) Any creditor of a deceased debtor whose debt would have
been sufficient to support a bankruptcy petition against the debtor
had he been alive may present to the Court a petition in the pre-
scribed form praying for an order for the administration of the estate
of the deceased debtor according to the law of bankruptcy.

(ii) Upon the prescribed notice being given to the legal represen-
tative, if any, of the deceased debtor the Court may, in the pre-
scribed manner, upon proof of the petitioner's debt, unless the Court
is satisfied that there is a reasonable probability that the estate
will be sufficient for the payment of the debts owing by the deceased,
make an order for the administration in bankruptcy of the deceased
debtor's estate or may upon cause shewn dismiss the petition
with or without costs.

(iii) An order of administration under this section shall not be
made until the expiration of two months from the date of the grant
of probate or letters of administration unless with the concurrence
of the legal representative of the deceased debtor or unless the
petitioner proves to the satisfaction of the Court that the debtor
committed an act of bankruptcy within three months prior to his
decease.

(iv) A petition for administration under this section shall not be
presented to the Court after proceedings have been commenced
for the administration of the deceased debtor's estate ; but the Court
may in that case on the application of any creditor and on proof
that the estate is insufficient to pay its debts make an order for
the administration of the estate of the deceased debtor in bank-
ruptcy and the like consequences shall ensue as under an adminis-
tration order made on the petition of a creditor.

(v) In this section "the Court" means a Court of a Judicial
Commissioner in any State in which the debtor resided or carried
on business within the six months immediately prior to his decease ;
and " creditor " means one or more creditors qualified to present
a bankruptcy petition as in this Enactment provided.

113. (i) Upon an ordc^r being made for the administration of a
deceased debtor's estate under the last preceding section the
property of the debtor shall vest in the Official Assignee as trustee
thereof and he shall forthwith proceed to realize and distribute the
same in accordance with the provisions of this Enactment.

(ii) The provisions of Section 2G shall so far as they relate to
persons other than the debtor and, with the modifications herein-
after mentioned, all the provisions of Part III of this Enactment
shall so far as the same are applicable apply to the case of an
administration order under the last ])rcceding section. Sections 43,
44, and 45 shall apply in the case of an administration order under

BANKEUPTCY. 291

the last preceding section as if the administration order were a
receiving order made under Section 5.

(iii) In the administration of the property of the deceased debtor
under an order of administration the Official Assignee shall have
regard to any claims by the legal representative of the deceased
debtor to payment of the proper funeral and testamentary expenses
incurred by him in and about the debtor's estate ; and those claims
shall be deemed a preferential debt under the order and be payable
in full out of the debtor's estate in priority to all other debts.

(iv) If, on the administration of a deceased debtor's estate, any
surplus remains in the hands of the Official Assignee after payment
in full of all the debts due from the debtor together with the costs of
the administration and interest as provided by this Enactment in
case of bankruptcy the surplus shall be paid over to the legal
representative of the deceased debtor's estate or dealt with in such
other manner as the Court may direct.

(v) Notice to the legal representative of a deceased debtor of the
presentation by a creditor of a petition under the last preceding
section shall in the event of an order for administration being made
thereon be deemed to be equivalent to notice of an act of bankruptcy
and after the notice no payment or transfer of property made by
the legal representative shall operate as a discharge to him as
between himself and the Official Assignee.

(vi) Save as aforesaid nothing in this or in the last preceding
section shall invalidate any payment made or act or thing done in
good faith by the legal representative before the date of the order
for administration.

114. (i) The Judicial Commissioners, or any two of them, of Power to make
whom the Chief Judicial Commissioner shall be one, may from time general rules.
to time, with the approval of the High Commissioner, make general

rules for carrying into effect the objects of this Enactment.

(ii) General rules for carrying into effect the provisions of Sections
112 and 113 may be made in the same manner and to the like effect
and extent as in bankruptcy.

(iii) All general rules made under this section shall be laid before
the Federal Council at the first meeting of the Council after they
are made and shall be judicially noticed and shall have effect as
if enacted by this Enactment.

(iv) After the commencement of this Enactment no general rule
under the provisions of this section shall come into operation until
the expiration of one month after the same has been made and
issued.

115. The Chief Secretary to Government may from time to time
make rules prescribing the fees and percentages to be charged
for or in respect of proceedings under this Enactment and may
direct by whom and in Avhat manner the same are to be collected
and accounted for and to what account they shall be paid. A
table of such fees and percentages shall be laid before the Federal
Council at the first meeting of the Council after the making of the
same.

292

No. 2 OF 1912.

Gazette to be

evidence.

Evidence of
proceedings
at meetings of
creditors.

Evidence of
proceedings in
bankruptcy.

Requirements
as to affidavits.

Deatli of
witness.

116. (i) A copy of the Gazette containing any notice inserted
therein in pursuance of this Enactment or the rules made under this
Enactment shall be evidence of the facts stated in the notice.

(ii) The production of a copy of the Gazette containing any
notice of a receiving order or of an order adjudging a debtor bankrupt
shall be conclusive proof in all legal proceedings of the order having
been duly made and of its date.

117. (i) A minute of proceedings at a meeting of creditors under
this Enactment signed at the same or the next ensuing meeting by
a 2)erson describing himself as, or appearing to be, Chairman of the
meeting at which the minute is signed shall be received in evidence
without further proof.

(ii) Until the contrary is proved every meeting of creditors in
respect of the proceedings Avhereof a minute has been so signed shall
be deemed to have been duly convened and held and all resolutions
passed or proceedings had thereat to have been duly passed or had.

118. Any petition or copy of a petition in bankruptcj^ any order
or certificate or copy of an order or certificate made by the Court
in bankruptcy, any instrument, affidavit or document or copy of
an instrument, affidavit or document made or used in the course
of any bankruptcy proceedings or other proceedings had under this
Enactment shall, if it appears to be sealed with the seal of the Court
or purports to be signed by a Judicial Commissioner or is certified
as a true copy by a Registrar, be receivable in evidence in all legal
proceedings whatever.

119. Subject to general rules any affidavit may be used in a
Court of a Judicial Commissioner sitting in bankruptcy if it is
affirmed or sworn

(a) in the States before a Judicial Commissioner or a Magistrate
or a Registrar ;

{b) in the Colony before any person authorized to administer
oaths in the Supreme Court or any District Judge or
Magistrate ;

(c) in England before any person authorized to administer oaths
in His Britannic Majesty's High Court of Justice or before
any Registrar of a Bankruptcy Court or before any officer
of a Bankruptcy Court authorized in writing in that behalf
by the Judge of the Court ;

{(1) in Scotland or in Ireland before any Judge Ordinary, Magis-
trate, or Justice of the Peace ; and

{<') in any other place before a Magistrate or Justice of the Peace
or other person qualified to administer oaths or affirmations
in that place (he being certified to be a Magistrate or
Justice of the Peace or qualified as aforesaid by a British
Minister or British Consul or by a Notary Public).

120. In case of the death of the debtor or of his wife or of a witness
whose evidence has been received by any Court in any proceeding
under this Enactment the deposition of the person so deceased

BANKRUPTCY. 293

purporting to be sealed with the seal of the Court or a copy thereof
purporting to be so sealed shall be admitted as evidence of the
matters therein deposed to.

121. All notices and other documents for the service of which no service of
special mode is directed may be sent by registered post to the last
known address of the person to be served therewith.

132. No proceeding in bankruptcy shall be invalidated by any Fonnai defect
formal defect or by any irregularity unless the Court before which an Inva^udate
objection is made to the proceeding is of opinion that substantial proceeding.
injustice has been caused by the defect or irregularity and that the
injustice cannot be remedied by any order of that Court.

123. (i) Every deed, conveyance, assignment, or other assurance Exemption oi
relating solely to freehold or leasehold property or to any mortgage, from^stemp
charge, or other incumbrance on, or any estate, right or interest in, ^^^y-

any property, real or personal, movable or immovable, which is part
of the estate of any bankrupt and which after the execution of the
deed, conveyance, assignment, or other assurance is or remains the
estate of the bankrupt or of the Official Assignee and every power of
attorney, proxy, paper, wTit, order, certificate, affidavit, bond, or
other instrument or wTiting relating solely to the property of any
bankrupt or to any proceeding under any bankruptcy shall be exempt
from stamp duty except in respect of fees under this Enactment.

(ii) For the purposes of this section " bankruptcy " includes any
proceeding before or after adjudication and whether an adjudication
is made or not ; and " bankrupt " includes any debtor proceeded
against under this Enactment.

124. Where a bankrupt is a trustee the Court may authorize the Appoiutmeut o£
appointment of a new trustee in substitution for the bankrupt "
(whether voluntarily resigning or not) if it ajjpears expedient to do so.

125. For all or any of the purposes of this Enactment a corpora- By whom
tion may act by any of its officers authorized in that behalf under an^fgr^fmly
the seal of the corporation or by a Director or Secretary : a firm iict.

may act by any of its members.

126. (i) For all or any of the purposes of this Enactment any who may act
j)erson being of sound mind and full age may act on behalf of a °ninor.^
minor as his next friend, provided his interest is not adverse to that

of the minor.

(ii) For all or any of the purposes of this Enactment any person who may act
being of sound mind and full age may act on behalf of a person of a'person of
unsound mind adjudged to be so under any law for the time being in ""sound mmd.
force, provided his interest is not adverse to that of the person of
unsound mind.

127. (i) No person shall as against the Official Assignee be entitled Access to
to withhold possession of the books of account or other papers or
documents belonging to the debtor or to set up any lien thereon.

(ii) Any creditor of the bankrupt may, subject to the control
of the Court, inspect at all reasonable times personally or by agent
any such books, papers, or documents in the possession of the Official
Assignee.

294

No. 2 OF 1912.

Unclaimed or
undistributed
dividends or
funds.

Unclaimed
dividends to be
transferred
after five years.

Treasurer to
report yearly.

128. (i) Where an Assignee under any bankruptcy, composition,
or scheme pursuant to this Enactment has under his control any
unclaimed dividend which has remained unclaimed for more than
six months or where after making a final dividend he has in his hands
or under his control any unclaimed or undistributed money arising
from the property of the debtor the Assignee shall forthwith jmy it
into the Court for credit to the Bankruptcy Estates Account.

(ii) Where, after the commencement of this Enactment, any
unclaimed or undistributed funds or dividends in the hands or under
the control of any trustee or other person empowered to collect,
receive, or distribute any funds or dividends have remained or remain
unclaimed or undistributed for six months after the same became
claimable or distributable or in any other case for two years after the
receipt thereof by such trustee or other person it shall be the duty
of such trustee or other person forthwith to pay the same into the
Court for credit to the Bankruptcy Estates Account.

(iii) The Court may at any time order such trustee or other person
to submit to it an account verified by affidavit of the sums received
and paid by him and may direct and enforce an audit of the account.

(iv) The Official Assignee shall collect and get in all such un-
claimed or undistributed funds or dividends and for the purposes of
this section the Court shall have and at the instance of the Official
Assignee or of its own motion may exercise all the powers conferred
by this Enactment with respect to the discovery and realization of
the property of a debtor and the provisions of Part I of this Enact-
ment with respect thereto shall with any necessary modifications
apply to proceedings under this section.

(v) The provisions of this section shall not, except as expressly
declared therein, deprive any jjerson of any larger or other right or
remedy to which he may be entitled against the Assignee.

129. (i) All unclaimed dividends and all moneys remaining
unclaimed or undistributed after a final dividend has been declared
shall stand at the credit of the Bankruptcy Estates Account for five
years and, if they remain unclaimed at the expiration of that period,
shall, by entries effected in the books of the Treasurer and the Official
Assignee, be transferred and paid into an account to be kept by the
Treasurer, and shall be disposed of in such manner and for such
purposes as the Chief Secretary to Government may from time to
time direct : provided that if any claim shall hereafter be made to
any part of the moneys so transferred, and if any such claim shall
be established to the satisfaction of the Official Assignee, the
Treasurer shall pay to the claimant, without interest, such sum as
may be certified by the Official Assignee to be due to him.

(ii) In the month of January in each year the Treasurer shall send
to the Chief Secretary to Government a report in writing of all sums
which are transferred under the provisions of this section.

Insolvency
proceed int,'»
uncomriletcd
at the

commencement
of the
Enactment.

PROCEEDTNfIS UnTCOMPLETED AT COMMENCEMENT OF ENACTMENT.

130. Ill any insolvency ])roceedings under Chapter XX of the
Civil Procedure Code, 1902, pending or uncompleted at the
commencement of this Enactment if, at any time after the com-
mencement of this Enactment there is, by reason of the death of the

BANKRUPTCY. 295

receiver or any other cause other than the completion of the duties
of the receiver in the matter, no receiver acting under tlie direction
of the Court, the Official Assignee appointed for the State in which
such proceedings were commenced shall become the receiver, and
the property of the insolvent shall, unless the Court shall otherwise
order, pass to and vest in such Official Assignee, but this provision
shall not prejudice the right of the Court on the application of two
or more of the creditors to appoint some other person to act as
receiver under the direction of the Court in accordance with the
provisions of that Chapter, and such appointment shall operate to
vest in the new receiver all the property of the insolvent except as
in that Code provided and all the powers, rights, and duties of a
receiver appointed under that Code shall attach to such new receiver
in the same manner as if he had been appointed before the com-
mencement of this Enactment.

131. Nothing in this Enactment shall affect the powers, rights, or compositions
duties as such trustee of any trustee appointed under Section 333 arrange^MS"^
of the Civil Procedure Code, 1902, to distribute a composition or to t^Ppf^^^e^ce-^
administer the affairs of the debtor or to manage a business of the ment of this
debtor or the validity of any composition or scheme of arrangement Enactment.
approved under that section.

132. Where any liquidation by arrangement has been or is Transfer of
hereafter closed any proj)erty of the debtor which is vested in the property ^n
trustee and has not been realized or distributed shall vest in the f.'°^?°^ .

•T liquidation by

Official Assignee and he shall thereupon proceed to get in, realize, arrangement.
and distribute the property in like manner and with and subject to
the like powers and obligations, as far as applicable, as if the liquida-
tion were continuing and he were acting as trustee thereunder.

Protection of Officers.

133. (i) No suit or process shall be sued out or served on an Protection of
Official Assignee or any person acting under his direction lor any-
thing done or intended to be done or omitted to be done under the
provisions of this Enactment until the expiry of one month after
notice in writing has been served on such Official Assignee or other
person clearly stating the cause of action and the name and place of
abode of the intended plaintiff, and on the trial of any such action
the plaintiff shall not be permitted to go into evidence of any cause
of action which is not stated in the notice so served, and unless such
notice is proved the Court shall find for the defendant.

(ii) Every such action shall be commenced within one year after
the accruing of the cause of action and not afterwards.

(iii) Any person to whom such notice of action is given as afore-
said may tender amends to the plaintiff or his Solicitor at any time
within one month after service of such notice, and in case the same
be not accepted may plead such tender as a defence, and in case
amends have not been tendered as aforesaid or in case the amends
tendered are insufficient the defendant may at any time before trial
pay into Court as a defence such sum of money as he may think
proper, and if the plaintiff be non-suited or judgment be given for
the defendant then the defendant shall be entitled to full costs of the
suit and have judgment accordingly.

officers.

296

No. 2 OF 1912.

First Schedule,
ENACTMENTS REPEALED.

State.

No. and
year.

Short title.

Extent of
repeal.

Perak

Selangor . .
N. Sembilan
Pahang

11 of 1902

13 of 1902

7 of 1902

11 of 1902

The Civil Procedure Code,
1902

Do.
Do.
Do.

Chapter
XX

))

Second Schedule.
MEETING OF CREDITORS.

1 . The first meeting of creditors shall be summoned for a day not
later than one calendar month in the case of a debtor's petition or
six weeks in the case of a creditor's petition after the date of receiving
order unless the Court for any special reason deems it expedient that
the meeting be summoned for a later day .

2. The Official Assignee shall summon the meeting by giving not
less than seven days' notice of the time and place thereof in the
prescribed manner.

3. The Official Assignee shall also as soon as practicable send to
each creditor mentioned in the debtor's statement of affairs a notice
of the time and place of the meeting accompanied by a summary of
the debtor's statement of affairs including the causes of his failure
and any observations thereon which the Official Assignee may think
fit to make ; but the proceedings at the meeting shall not be
invalidated by reason of any such notice or summary not having been
sent or received before the meeting.

4. The meeting shall be held at such place as is in the opinion of
the Official Assignee most convenient for the majority of the
creditors.

5. The Official Assignee may at any time summon a meeting of
creditors and shall do so whenever so directed by the Court or so
requested in writing by one-fourth in value of the creditors or by the
consultative committee.

6. Meetings subsequent to the first meeting shall be summoned
by sending not less than three days' notice of the time and place
thereof to each creditor at the address given in his proof or if he has
not proved at the address given in the debtor's statement of affairs
or at such other address as may be known to the person summoning
the meeting.

7. The Official Assignee, or in his absence some jx'rson nominated
by him, shall be the chairman at every meeting : provided that if the
Court so directs the chairman at any subseqixent meeting shall be
such person as the meeting by ordinary resolution appoint.

BANKEUPTCY. 297

8. A person shall not be entitled to vote as a creditor at any meet-
ing of creditors unless he has duly proved a debt provable in bank-
ruptcy to be due to him from the debtor and the proof has been duly
lodged before the time appointed for the meeting.

9. A creditor shall not vote at any such meeting in respect of any
unhquidated or contingent debt or any debt the value of which is
not ascertained.

10. For the purposes of voting a secured creditor shall, unless he
surrenders his security, state in his proof the particulars of his
security, the date when it was given and the value at which he
assesses it and shall be entitled to vote only in respect of the balance
(if any) due to him after deducting the value of his security. If he
votes in respect of his whole debt he shall be deemed to have sur-
rendered his security unless the Court on application is satisfied that
the omission to value the security has arisen from inadvertence,

11. A creditor shall not vote in respect of any debt on or secured
by a current bill of exchange or promissory note held by him unless
he is willing to treat the liability to him thereon of every person
Avho is liable thereon antecedently to the debtor and against whom
a receiving order has not been made as a security in his hands and
to estimate the value thereof and for the purposes of voting but
not for the purposes of dividend to deduct it from his proof.

12. It shall be competent to the Official Assignee within twenty-
eight days after a proof estimating the value of a security as afore-
said has been made use of in voting at any meeting to require the
creditor to give up the security for the benefit of the creditors
generally on payment of the value so estimated with an addition
thereto of twenty per centum : provided that where a creditor
has put a value on the security he may at any time before he has
been required to give up the security as aforesaid correct the
valuation by a new proof and deduct the new value from his debt
})ut in that case the addition of twenty per centum shall not be
made if the Official Assignee requires the security to be given up.

13. If a receiving order is made against one partner of a firm
any creditor to whom that partner is indebted jointly with the
other partners of the firm or any of them may prove his debt for
the purpose of voting at any meeting of creditors and shall be
entitled to vote thereat.

14. The chairman of a meeting shall have power to admit or
reject a proof for the purpose of voting but his decision shall be
subject to appeal to the Court. If he is in doubt whether the proof
of a creditor should be admitted or rejected he shall mark the proof
as objected to and shall allow the creditor to vote subject to the
vote being declared invalid in the event of the objection being
sustained.

15. A creditor may vote either in person or by proxy.

16. Every instrument of proxy shall be in the prescribed form
and shall be issued by the Official Assignee and every insertion
therein shall be in the handwTiting of the person giving the proxy
or if such person be unable to write English then in the handuTiting
of the Official Assignee.

298 No. 2 OF 1912.

17. A creditor may give a general proxy to his manager or clerk
or any other person in his regular employment. In that case the
instrument of proxy shall state the relation in which the person
to act thereunder stands to the creditor.

18. A creditor may give a special proxy to any person to vote at
any specified meeting or adjournment thereof for or against any
specific resolution.

19. A proxy shall not be used unless it is deposited with the
Official Assignee before the meeting at which it is to be used.

20. A creditor may appoint the Official Assignee to act in manner
prescribed as his general or special proxy.

21. The chairman of a meeting may, with the consent of the
meeting, adjourn the meeting from time to time and from place
to place.

22. A meeting shall not be competent to act for any purpose
except the election of a chairman, the proving of debts and the
adjournment of the meeting unless there are present or represented
thereat at least three creditors or all the creditors if their number
does not exceed three.

23. If within half an hour from the time apjjointed for the meet-
ing a quorum of creditors is not present or represented the meeting
shall be adjourned to the same day in the following week at the
same time and place or to such other day as the chairman may
apj)oint not being less than seven or more than twenty-one days.

24. The chairman of every meeting shall cause minutes of the
proceedings at the meeting to be drawn up and fairly entered in a
book kept for that purpose and the minutes shall be signed for him.

25. No person acting under either a general or a special proxy
shall vote in favour of any resolution which would directly or
indirectly place himself, his partner or employer in a position to
receive any remuneration out of the estate of the debtor otherwise
than as a creditor rateabl}^ with the other creditors of the debtor.

Third Schedule.
PROOF OF DEBTS.

Proof in Ordinary Cases.

1. Every creditor shall prove his debt as soon as may be after
the making of a receiving order.

2. A debt may be proved by delivering or sending through the
post in a prepaid letter to the Official Assignee an affidavit verifying
the debt.

3. The affidavit may be made by the creditor himself or by some
person authorized by or on behalf of the creditor or his estate. If
made by a person so authorized it shall state his authority and
means of knowledge.

BANKRUPTCY. 299

4. The affidavit shall contain or refer to a statement of account
showing the particulars of the debt and shall specify the vouchers,
if any, by which the same can be substantiated. The Official
Assignee may at any time call for the production of the vouchers.

5. The affidavit shall state whether the creditor is or is not a
secured creditor,

6. A creditor shall bear the cost of proving his debt unless the
Court otherwise specially orders.

7. Every creditor who has lodged a proof shall be entitled to see
and examine the proofs of other creditors at all reasonable times.

8. A creditor proving his debt shall deduct therefrom all trade
discounts ; but he shall not be compelled to deduct any discount
not exceeding five per centum on the net amount of his claim
which he may have agreed to allow for payment in cash.

Proof by Secured Creditors.

9. If a secured creditor realizes his security he may j)rove for the
balance due to him after deducting the net amount realized.

10. If a secured creditor surrenders his security to the Official
Assignee for the general benefit of the creditors he may prove for
his whole debt.

11. If a secured creditor does not either realize or surrender his
security he shall, before ranking for dividend, state in his proof the
particulars of his security, the date when it was given and the
value at which he assesses it and shall be entitled to receive a
dividend only in respect of the balance due to him after deducting
the value so assessed.

12. (a) Where a security is so valued the Official Assignee may
at any time redeem it on payment to the creditor of the assessed
value ;

(6) If the Official Assignee is dissatisfied Avith the value at which a
security is assessed he may require that the property comprised in
any security so valued be offered for sale at such times and on such
terms and conditions as may be agreed on between the creditor
and the Official Assignee or as in default of agreement the Court
may direct. If the sale is by public auction the creditor or the
Official Assignee on behalf of the estate may bid or purchase ;

(c) Provided that the creditor may at any time by notice in
writing require the Official Assignee to elect whether he will or will
not exercise his power of redeeming the security or requiting it to be
realized, and if the Official Assignee does not within six months after
receiving the notice signify in Avriting to the creditor his election
to exercise the power he shall not be entitled to exercise it ; and
the equity of redemption (if any) and anj^ other interest in property
comprised in the security which is vested in the Official Assignee
shall vest in the creditor and the amount of his debt shall be
reduced by the amount at which the security has been valued.

300 No. 2 OF 1912.

13. Where a creditor has so valued his security he may at any
time amend the valuation and proof on shewing to the satisfaction
of the Official Assignee or the Court that the valuation and proof
Mere made hond fide on a mistaken estimate or that the security has
diminished or increased in value since its previous valuation ; but
every such amendment shall be made at the cost of the creditor
and upon such terms as the Court orders unless the Official Assignee
allows the amendment without application to the Court.

14. Where a valuation has been amended in accordance with
the foregoing rule the creditor shall forthwith repay any surplus
dividend which he has received in excess of that to which he would
have been entitled on the amended valuation or as the case may
be shall be entitled to be paid out of any money for the time being
available for dividend any dividend or share of dividend which
he has failed to receive by reason of the inaccuracy of the original
valuation before that money is made applicable to the pajonent of
any future dividend but he shall not be entitled to disturb the
distribution of any dividend declared before the date of the amend-
ment.

15. If a creditor after having valued his security subsequently
realizes it or if it is realized under the provisions of Rule 12 the net
amount realized shall be substituted for the amount of any valua-
tion previously made by the creditor and shall be treated in all
respects as an amended valuation made by the creditor.

16. If a secured creditor does not comply with the foregoing rules
he shall be excluded from all share in any dividend.

17. Subject to the provisions of Rule 12 a creditor shall in no
case receive more than one hundred cents in the dollar and interest
as provided by this Enactment.

Taking Accounts of Property Mortgaged or Charged and

Sale Thereof.

18. Upon application by motion of any person claiming to be a
mortgagee or chargee of any part of the bankrupt's immovable
property the Court shall proceed to inquire whether the person is
such mortgagee or chargee and for what consideration and under
what circumstances ; and if it is found that the person is such
mortgagee or chargee and if no sufficient objection ajipears to the
title of the person to the sum claimed by him under the mortgage
or charge the Court shall direct such accounts and inquiries to be
taken as may be necessary for ascertaining the principal, interest,
and costs due upon the mortgage or charge and the rents and
profits or dividends, interest, or other proceeds received by the
person or by any other person by his order or for his use in case
he has been in possession of tlie property over which the mortgage
or charge extends or any part thereof ; and the Court if satisfied
that there ought to be a sale shall direct notice to be given in
such manner as it thinks fit when and where and by whom and
in what way the property or the interest therein so mortgaged or
charged is to be sold and that the sale be made accordingly and
that the Official Assignee (unless it be otherwise ordered) shall
have the conduct of the sale ; but it shall not be imperative on any

BANKRUPTCY. 301

such mortgagee or chargee to make such application at every sucli
sale the mortgagee or chargee may bid and purchase.

19. All proper parties shall join in the conveyance to the pur-
chaser as the Court may direct.

20. The mone3^s arising from the sale shall be apjilied in the first
place in payment of the costs, charges, and expenses of the Official
Assignee of and occasioned by the application to the Court and of
and attending the sale and then in payment and satisfaction so
far as the same will extend of what is found due to the mortgagee
or chargee for principal, interest, and costs ; and the surplus of
the said monej^s (if any) shall then be paid to the Official Assignee ;
but in case the moneys arising from the sale are insufficient to pay
and satisfy what is so found due to the mortgagee or chargee then
he shall be entitled to prove as a creditor for the deficiency and
receive dividends thereon rateably with the other creditors but
not so as to disturb any dividend then already declared.

21. For the better taking of such enquiries and accounts and
making a title to the purchaser all parties may be examined by the
Court upon interrogatories or otherwise as it may think fit and
shall produce before the Court upon affirmation ail deeds, papers,
books, and writings in their respective custody or power relating
to the estate or effects of the bankrupt as the Court may direct.

Proof in Respect of Distinct Contracts.

22. If a debtor was at the date of the receiving order liable in
respect of distinct contracts as a member of tAvo or more distinct
firms or as a sole contractor and also as member of a firm the
circumstance that the firms are in whole or in part composed of
the same individuals or that the sole contractor is also one of the
joint contractors shall not prevent proof in respect of the contracts
against the properties respectively liable on the contracts.

Periodical Payments.

23. When any rent or other payment falls due at stated periods
and the recei\ang order is made at any time other than one of those
periods the person entitled to the rent or payment may prove for
a proportionate part thereof up to the date of the order as if the
rent or payment grew due from day to day.

Interest.

24. On any debt or sum certain payable at a certain time or
otherwise whereon interest is not reserved or agreed for and which
is overdue at the date of the receiving order and provable in bank-
ruptcy the creditor may prove for interest at a rate not exceeding
six per centum per annum to the date of the order from the time
M'hen the debt or sum was payable if the debt or sum is payable by
virtue of a A^Titten instrument at a certain time, and if payable
otherwise then from the time when a demand in writing has been
made giving the debtor notice that interest will be claimed from
the date of the demand until the time of payment.

302 No. 2 OF 1912.

Debt Payable at a Future Time,

25. A creditor may prove for a debt not payable when the debtor
committed an act of bankruptcy as if it were payable presently
and may receive dividends equally with the other creditors deduct-
ing only thereout a rebate of interest at the rate of six per centum
per annum computed from the declaration of a dividend to the
time when the debt would have become payable according to the
terms on which it was contracted.

Admission or Rejection op Proofs.

26. The Official Assignee shall examine every proof and the
grounds of the debt and in writing admit or reject it in whole or
in part or require further evidence in support of it. If he rejects
a proof he shall state in writing to the creditor the grounds of the
rejection.

27. If the Official Assignee thinks that a proof has been im-
properly admitted the Court may on his application after notice to
the creditor Avho made the proof expunge the proof or reduce its
amount.

28. If a creditor is dissatisfied with the decision of the Official
Assignee in respect of a proof the Court may on the application of
the creditor reverse or vary the decision.

29. The Court may also expunge or reduce a proof upon the
application of a creditor if the Official Assignee declines to interfere
in the matter or in the case of a composition or scheme upon the
application of the debtor.

30. For the purpose of any of his duties in relation to proofs the
Official Assignee may administer affirmations and take affidavits.

ENACTMENT NO. 3 OF 1912.

As amended by Fed. E. 3 of 1913.

An Enactment to Incorporate the Planters' Benevolent
Fund of Malaya.

Abthur Young, [30th August, 1912.

President of the Federal Council. 31st August, 1912.]

Whereas an Association consisting of persons engaged in planting preamble.
agricultural products in the Malay Peninsula and called the Planters'
Benevolent Fund has been established for the purpose of relieving
necessitous persons of European birth who are or have been members
of the planting community in the Malay Peninsula, and the wives,
widows, and children of such persons : And whereas the said As-
sociation has appUed to be incorporated and it is expedient and for
the public good that such application be granted :

It is hereby enacted by the Rulers of the Federated Malay
States in Council as follows :

1. This Enactment may be cited as '' The Planters' Benevolent short title and
Fund Enactment, 1912," and shall come into force on the publica- 3!^"''^"
tion thereof in the Gazette.

2. From and after the commencement of this Enactment such incorporati.
persons as now are or may hereafter become members of the said
Association shall be and become a Corporation with continuance Fund of
forever under the name of "The Planters' Benevolent Fund of ^^^^'
Malaya," and by that name may sue and be sued in all Courts, and

shall have full powers and authority to have and to use a common
seal.

3. Members shall consist of Membership.

(a) persons of European birth and corporations who or which e- ^ °^ i^^^.

being or having been engaged in planting in the Malay
Peninsula are or shall from time to time become or be annual
subscribers to the funds of the Corporation hereby constituted ;

(b) patrons of the Corporation hereby constituted.

4. The general objects for which the Corporation is constituted objects.
are the relief of necessitous persons of European birth who are

or have been members of the planting community of the Malay
Peninsula, and the wives, widows, and children of any such persons,

5. The affairs of the Corporation shall, subject to the rules made Adminutration.
under Section 15, be administered by the Standing Committee for

the time being thereof.

303

of the Planters'
Benevolent

304

No. 3 OF 1912.

standing
Committee.

Powers of
Standing
Committee,

Executive
Committee.

President.

Secretary and
Treasurer.

Duties of
'JYeasurer.

Meetings of

.Standing

Committee.

6. The Standing Committee shall consist of the Chairman and
Secretary for the time being of the Planters' Association of Malaya,
the Chairman for the time being of each of the several constituent
Planters' Associations in the Malay Peninsula together with other
persons (not necessarily planters) not exceeding ten in number who
shall be elected annually at the annual general meeting of the
Planters' Association of Malaya.

7. The Standing Committee shall, subject to the provisions of
this Enactment and of any rules made under Section 15, have full
power and authority generally to govern, direct, and decide all
matters whatsoever connected with the control and administration
of the funds of the said Corporation and the accomplishment of the
objects thereof.

8. The Standing Committee shall have power to apj)oint annually
an Executive Committee consisting of the Chairman and Secretary
for the time being of the Planters' Association of Malaya and one
other member of the Standing Committee to deal with all cases of
emergency which may arise between the meetings of the Standing
Committee.

9. The Chairman for the time being of the Planters' Association
of Malaya shall be President and Chairman of the said Corporation
and Chairman of the said Standing Committee : provided that if
the Chairman for the time being of the Planters' Association of
Malaya should be unwilling to act as President and Chairman of
the Corporation, or Chairman of the Standing Committee, a person
appointed by the Corporation at a special general meeting convened
for the purpose shall be President and Chairman as aforesaid.

10. The Secretary for the time being of the Planters' Association
of Malaya shall be Secretary and Treasurer to the said Corporation :
provided that if the Secretary for the time being of the Planters'
Association of Malaya should be unwilling to act as Secretary or
Treasurer to the Corporation, a person appointed by the Corporation
at a special general meeting convened for the purpose shall be the
Secretary and Treasurer to the Corporation.

11. The Treasurer shall receive and keep an account of all the
monej's and funds belonging to the Corporation, and shall pay
all sums voted by the Standing Committee in respect of applications
for relief and, with the sanction of such Committee, all expenses
incurred in connection with the management and control of the
moneys and funds of the said Corporation. He shall also prepare
and submit to the said Standing Committee, when called upon by
the said Committee so to do, an account of the transactions of the
Corporation.

12. Meetings of the Standing Committee shall be called by the
Secretary on requisition by three members, and four members
personally present shall form a quorum, and the Chairman of such
Committee shall have a casting vote in addition to his own original
vote.

13. The Standing Committee shall cause a register to be kept in
which every person who at the commencement of this Enactment

planters' benevolent fund of MALAYA. 305

is a member of the said Association called the Planters' Benevolent
Fund and every person thereafter duly admitted a member of
the Corporation hereby constituted shall have his name inscribed
together with the amount of his subscription or donation.

14. The (Standing Committee shall cause proper books of Accounts.
account to be kept, which shall be o^jen at all reasonable times

to the inspection of members of the Corj^oration,

15. It shall be lawful for the Corporation from time to time at raiie-?.
B.ny general meeting of the members and bj^ a majority of two-thirds

of the mem?>ers present at any such meeting to make, amend, alter,
or cancel rules for the control and administration of the funds of
the Corporation, for the conduct of the duties of the Standing
Committee, for the procedure in the transaction of business,
and otherwise generally for the management of the affairs of the
Corporation and the accomplishment of its objects. Such rules,
amendments, alterations, or cancellations when made may at a
like meeting be altered, amended, or cancelled, subject, however,
to the requirements hereinafter contained.

16. No rule or alteration, amendment, or cancellation of any confirmation of
rule shall have effect until the same shall have been confirmed at ™'®^'

a subsequent general meeting, and such confirmation shall be
null and void unless made by a majority of the members present
at such meeting. Such subsequent meeting shall be held within
a period of not less than fourteen days or more than two months
from the date of the meeting mentioned in Section 15. All rules
and every amendment, alteration, or cancellation of any rule shall,
when confirmed as provided in this section, be published in the
Gazette.

17. The Secretary, upon the request of the Standing Committee General
or upon the written requisition of five or more members of the ^^^ '"^'
Corporation, shall call a general meeting of which at least fifteen

days' notice shall be given. The quorum of any general meeting,
annual or otherwise, of the Corporation shall consist of such number
of persons as shall be decided by rule made under Section 15.

18. (i) An annual general meeting of the members of the Cor- Annual geners
poration shall be held on the same day as the annual general meeting
of the Planters' Association of Malaya in each year, when there
shall be submitted a balance sheet, a statement of assets and liabilities,
and an account of receipts and disbursements during the previous
twelve months, all of which shall be prepared by the Treasurer
and duly audited.

(ii) Such statement and account shall be examined and the
correctness of the balance sheet ascertained by one or more
auditors to be appointed by the Standing Committee.

19. The President and Chairman of the Corporation shall if ^^I^^Jj^"" ^'^
present preside at all meetings of the Corporation and of the Stand-
ing Committee and in his absence the members present shall elect
a Chairman for the occasion. The President, or in his absence
the Chairman, shall have a casting vote in addition to his own
original vote.

11—20

meeting

306

No. 3 OF 1912.

Property
vested in the
Corporation.

Investment
of funds.

8eal.

Power to hold
property.

20. (i) On the commencement of this Enactment, all and every
the moneys, funds, and projierty of whatsoever kind belonging to
or held in trust for the fund known as the benevolent fund of the
Planters' Association of Malaya, whether held in the name of
the said Association or in the name of any person or persons
or corporation in trust or otherwise for the benefit of the said
fund or of necessitous planters in the Malay Peninsula, shall be
and the same are hereby vested in the Corporation hereby con-
stituted, and the same, together with all after acquired property
and all subscriptions, contributions, donations, and any other
additions thereto received or to be received, shall be held by the
said CorjDoration for the purposes of this Enactment.

(ii) All debts and liabilities of the said Association called the
Planters' Benevolent Fund existing at the commencement of
this Enactment shall be paid by the Corporation hereby constituted
and all debts due to such Association and all subscriptions and
donations thereto shall be paid to the said Corporation.

21. It shall be lawful for the Corporation to place and invest the
whole of the surjDlus funds belonging to the Corporation, and any
moneys or funds belonging to or left to or which shall hereafter be
paid or come into the hands of the Corporation or into the hands of
any person or corporation in trust for the Corporation, in or upon
any stocks, funds, or securities of or guaranteed by the Government
of the Federated Malay States, or of the United Kingdom of Great
Britain and Ireland, or of any British Colony, Protectorate, or De-
pendency, or upon mortgage of any real or leasehold securities
in the said United Kingdom, or upon mortgage of immovable
property in the Malay Peninsula, but not elsewhere, such leasehold
securities being held for a term whereof sixty years at least shall be
unexpired at the time of such investment with power for the Cor-
poration from time to time to vary any such investments for others
of the same or a like nature : provided always that notwithstanding
anything hereinbefore contained the Corporation shall be at liberty
to hold any debentures, securities, stocks, or shares, whether ordinary
or preference, in any Company with limited liability that may be
be(jueathed or given to the Corjjoration, whether such Company
shall at the time of such bequest be paying a dividend on its ordinary
shares or not, without being obliged to sell or realize the same and to
invest the proceeds of any sale or realization when the same shall
be made on investments hereby authorized : provided, however,
that the Corijoration shall not be at liberty to accept any stock
or shares which are not fully ])aid up or in respect of which there is
any liability of any kind.

22. The seal of the Corporation shall not be affixed to any instru-
ment whatsoever except in the j)resenc(^ of the Chaii-man or one
other member of the Standing Committee and of the Secretary,
who shall sign their names to the instrument in token of their
presence, and such signing shall be indej)endent of the signing of
any person as a witness.

23. Th(! Corporation shall, subject to Sections 21 and 25, be
able and capable in law to take and hold any i)roperty, movable

planters' benevolent fund of MALAYA. 307

or immovable, which may become vested in it by virtue of any grant,
gift, testamentary disposition or otherwise, and all such property
shall be held by the Corporation for the purposes of this Enactment.

24. It shall be lawful for the Corporation to sell, exchange, Power to deal
mortgage, and otherwise deal with any of its property or assets in ^ith property.
such manner as it shall think fit.

25. (i) In the event of the Corporation becoming entitled to immovable
immovable property, wherever situate, either by way of gift or i"^'*pe'''^y-
otherwise howsoever, the Corjjoration shall divest itself thereof by

sale or otherwise within five years from the time when it shall have
become entitled thereto : provided that in the event of the Cor-
poration becoming entitled to immovable property in the Federated
Malay States, the British Isles or elsewhere, by deed of gift or under
a wUl, such property, if given for a charitable purpose in connection
with the objects of the Corporation, may be retained by the Cor-
poration with the consent of the Chief Secretary to Government.

(ii) The Corporation shall have power to acquire land in the
Federated Malay States, the British Isles, or elsewhere for the
purpose of providing a home, orphanage, or other charitable in-
stitution which has for its object the benefiting of the persons
referred to in Section 4.

Short title and

tommenee-

ment.

Eepeal.

Interpre-
tation.

ENACTMENT NO. 4 OF 1912.

As amended by Fed. Enactments 14 of 1913, 31 of 1914, 21 of 1916,
21 of 1918, and 23 of 1920.

An Enactment to repeal and re-enact, with amendments,
'' The Railways Enactments, 1903."

Arthur Young, [21st September, 1912.

President of the Federal Council. 27th September, 1912.]

It is hereby enacted by the Rulers of the Federated Malay States
in Council, as follows : —

1. This Enactment may be cited as " The Railways Enactment,
1912," and shall come into force uj)on the publication thereof in the

Gazette.

2. The Enactments mentioned in the first schedule hereto are
repealed.

3. For the purjjoses of this Enactment unless the context other-
wise requires " Railway " means a railway for the public conveyance
of passengers or goods, and for the purjjoses of Sections 4-16 includes
a railway under construction. It also includes :

(a) All lands within any boundary marks or fences prescribed
for the railway under Section 13, and all other lands
lawfully occupied for the purposes of the railway ;

(/>) All lines of rail, sidings, or branches worked over for the
purposes of, or in connection with, the railway ;

[c) All stations, offices, warehouses, fixed machinery, and other

works constructed for the purpose of, or in connection
with, the railway ;

[d) All vessels and rafts used for the purpose of carrying on the

traffic of the railway ;

{('.) All engines, passenger coaches, and goods and live stock,
vehicles or other rolling stock used for the purpose of
carrying on the traffic of the railway.

" General Manager " means the General Manager of the Federated
Malay States Railways.

" Railway Administration " means the General Manager of the
Federated Malay States Railways.

" Railway official " includes all persons employed by or on behalf
f)f a Railway Administration to perform any function in connection
with a railway.

308

RAILWAYS.

309

" Passengers' luggage " means all such articles as a passenger takes •• passeD!,'ers'
with him for his personal use or convenience, according to the habits '"-s^se."
or wants of the class to which he belongs, with reference to either the
immediate necessities or the ultimate purpose of the journey, but
does not, except in the case of commercial travellers, include any
articles carried for purj)oses of business, trade, or profit.

"Parcels" shall mean all parcels, packages, fish, fruit, poultry, " I'arceis.-
and every other article, matter or thing conveyed at parcels rates by
passenger trains and subject to the conditions provided therefor.

"Goods" shall mean all merchandise, machinery, bales, boxes, "Goods."
casks, crates, and every article or thing comprised in the classifica-
tion of goods which may be accepted for conveyance in goods wagons
upon goods or mixed trains, under the terms and conditions of the
contract in the consignment note made and entered into by the
sender or his agent.

4. (i) No person or company shall construct, work, or maintain Privatft
any railway within the Federated Malay States from private funds '"*''"'*>'*•
unless he or they shall have previously deposited with the Clerk of

the Federal Council a scheme for such railway and have obtained
legislative powers enabling the construction, maintenance, and
working of such railway.

(ii) Any railway constructed in the Federated Malay States from working of
private funds prior to the passing of this Enactment shall be subject raliw^/s^"^^'*'
to such provision with regard to the maintenance and working
thereof as the General Manager may, with the approval of the Chief
Secretary to Government, from time to time make in regard thereto.

5. The Chief Secretary to Government may appoint a fit and General
proper person to execute the duties and powers hereinafter otherofficers
mentioned who shall be called the General Manager, together with and clerks.
such other officers and clerks as may appear necessary to the Chief
Secretary to Government. And all duties and powers hereinafter
required to be performed and exercised by the General Manager may

be performed and exercised by any such officer specially authorized
in that behalf.

6. Subject to the provisions of this Enactment, and in the case Authority of
of immovable property not belonging to the Railway Administration, l,f^[|i7s*tratioa
to the provisions of any Enactment for the time being in force for for

the acquisition of land for public purposes and for companies, and necess^ry^^^
subject also as regards the parties thereto to the provisions of any ^o^ka.
contract entered into between the Railway Administration and the
owners or occupiers of or other parties interested in any lands taken
or used for the purposes of the railway, the Railway Administration
may, for the purpose of constructing the railway or the accommoda-
tion or other works connected therewith, and notwithstanding
anything in any other Enactment for the time being in force :

(a) Make or construct, in, upon, across, under or over anj^ lands,
or any streets, hills, valleys, roads, railways or tramways,
or any rivers, canals, brooks, streams or other waters, or
any drains, ^atcr-pipes, gas-pipes, electric wires or posts,
such temporary or permanent inclined planes, arches,

310 No. 4 OF 1912.

tunnels, culverts, embankments, aqueducts, bridges, roads,
lines of railway, ways, passages, conduits, drains, piers,
abutments, cuttings, and fences, as the Railway Administra-
tion thinks proper ;

(h) Alter the course of any rivers, brooks, streams, or water-
courses, for the purpose of constructing and maintaining
tunnels, bridges, passages, or other works over or under
them ; and divert or alter, as well temporarily as perma-
nently, the course of any rivers, brooks, streams, or water-
courses, or any roads, streets, or ways ; or raise or sink the
level thereof, in order the more conveniently to carry them
over or under or by the side of the railway, as the Railway
Administration thinks proper ;

(c) Make drains or conduits into, through, or under any lands
adjoining the railway, for the purpose of convejdng water
from or to the railway ;

{(I) Erect and construct such houses, warehouses, offices, and
other buildings, and such yards, stations, wharves, engines,
machinery, apparatus, and other works and conveniences
as the Railway Administration thinks proper ;

(e) Alter, repair, or discontinue such buildings, works, and con-
veniences as aforesaid, or any of them, and substitute
others in their stead ; and

(/) Do all other acts necessary for making, maintaining, altering
or repairing and using the railway.

The exercise of the powers conferred on the Railway Administra-
tion by this section shall be subject to the control of the Chief
Secretary to Government.

Works not to 7. It shall not be lawful for the Railway Administration to

he constructed coustruct any work on the shore of the sea, or of any creek, bay.

Oil SG8,S[10rG etc* -'*/■'«/'

arm of the sea, or navigable river communicating therewith, where
and so far up the same as the tide flows and reflows, or to construct
any railway or bridge across any creek, bay, arm of the sea, or
navigable river where and so far up the same as the tide flows and
reflows, without the previous consent in writing of the Chief Secre-
tary to Government and then only according to such plan as the
Chief Secretary to Government may approve ; and when such work,
railway, or bridge shall have been constructed, it shall not be lawful
for the Railway Administration to alter or extend the same without
obtaining before making any such alteration or extension the like
consent and approval.

Aiterintrposi- 8. The Railway Administration may, in the exercise of the powers

wires' Vr'lirains coufcrrcd upou it by this Enactment, alter the position of any pijie

for the supply of gas, water, or compressed air, or the position of

any electric wire or of any drain, not being a main drain, provided

that :

(a) When the Railway Administration desires to alter the
position of any such pipe, wire, or drain, it shall give
reasonable notice of its intention to do so, and of the

KAILWAYS.

311

time at which it will begin to do so, to the local authority
or company having control over the pipe, wire, or drain ;
or when the pipe, wire, or drain is not under the control
of a local authority or company, to the person under
whose control the pipe, wire, or drain is ;

(b) A local authority, company, or person receiving notice under
jjroviso (a) may send a person to superintend the Avork,
and the Railway Administration shall execute the Avork
to the reasonable satisfaction of the person so sent, and
shall make arrangements for continuing during the execu-
tion of the work the supply of gas, water, compressed air,
or electricity, or the maintenance of the drainage, as the
case may be.

9. (i) The Chief Secretary to Government may authorize the Adjacent land
Railway Administration, in case of any slip or other accident o^i'top'^eTent
happening or being apprehended to any cutting, embankment, or orrepairacci-
other work under the control of the Railway Administration, to

enter upon any lands adjoining the railway for the purpose of
repairing or preventing such accident, and to do all such work as may
be necessary for such j)urj)ose.

(ii) In case of necessity the Railway Administration may enter
upon the lands and do the Avorks aforesaid Avithout having the
previous sanction of the Chief Secretary to Government, but in such
a case shall, Avithin se\^enty-tAvo hours after such entry, make a report
to the Chief Secretary to Government specifying the nature of the
accident or apprehended accident, and of the Avorks necessary to be
done ; and the poAver conferred on the Raihvay Administration by
this sub-section shall cease and determine if the Chief Secretary to
Government after considering such report considers that the exercise
of the poAver is not necessary for the public safety.

10. The Railway Administration shall do as little damage as compensation
possible in the exercise of the powers conferred by Sections 6, 8, and *o'^"J*™^se.
9, and compensation shall be paid for any damage caused by the
exercise thereof.

Any person claiming compensation for damage done in the
exercise by the Raihvay Administration of any of the poAvers con-
ferred by the sections above-mentioned, may in his discretion lodge
his claim in Avriting Avith the Collector of Land Revenue of the
district, Avho shall be bound to forward the same to the Raihvay
Administration.

A suit shall not lie to recover such compensation, but in case of
dispute the amount thereof shall, on application by either party to
the Collector of Land RcA'enue for the district, be determined after
enquiry held by him in accordance, so far as may be, Avith the
procedure prescribed by Part VII of " The Land Enactment, 1911."

11. (i) The Raihvay Administration shall make and maintain Ancommodation
the following Avorks for the accommodation of the owners and
occupiers of lands adjoining the railway — namely :

312

No. 4 OF 1912.

Additional
awommodation
worljs required
hy owner or
I'liblio Works
Dejiartment.

(a) Such and so many convenient crossings, bridges, arches,
culverts, and passages, over, under, or by the sides of or
leading to or from the railway as may, in the opinion
of the Chief Secretary to Government, be necessary for
the purpose of making good any interruptions caused by
the railway to the use of the lands through which the
railway is made ; and

{b) All necessary arches, tunnels, culverts, drains, water-courses,
or other passages, over or under or by the sides of the
railway, of such dimensions as will, in the opinion of the
Chief Secretary to Government, be sufficient at all times
to convey Avater as freely from or to the lands lying near
or by the railways as before the making thereof, or as
nearly so as may be,

(ii) Subject to the other provisions of this Enactment the Avorks
specified in clauses (a) and (6) of sub-section (i) shall be made during
or immediately after the laying out or formation of the railway over
the lands traversed thereby, and in such manner as to cause as little
damage or inconvenience as possible to persons interested in the
lands or affected by the works.

(iii) The foregoing provisions of this section are subject to the
following provisos — namely :

(a) The Railway Administration shall not be required to make

any accommodation works in such a manner as would
jDrevent or obstruct the working or using of the railway,
or to make any accommodation works Avith respect to
Avhich the owners and occupiers of the land have agreed
to receive and have been paid compensation in considera-
tion of their not requiring such Avorks to be made ;

(b) Save as hereinafter in this Enactment provided the Railway

Administration shall not, except on the requisition of
the Chief Secretary to Government, be compelled to defray
the cost of executing any further or additional accommoda-
tion works for the use of the owners or occupiers of the
lands after the expiration of three years from the date on
Avhich the raihvay passing through the lands was first
opened for public traffic ;

accommodation for the crossing of a road or stream, and
such road or stream is afterwards diverted by the act or
neglect of the person having the control thereof, the
Railway Administration shall not be compelled to provide
other accommodation for the crossing of such road or
stream,

12. If an OAvner or occupier of any land affected by a railway
considers the works made under the last foregoing section to be
insufficient for the commodious use of the land, or if the Public
Works Department or a local authority desires to construct a public
road or other Avork across, under, or over a railway, he or it, as the
case may be, may at any time require the Railway Administration

EAILWAYS.

313

to make, at his or its expense, such further accommodation works as
he or it thinks necessary, and are agreed to by the Railway Adminis-
tration, or as, in case of difference of opinion, may be authorized by
the Chief Secretary to Government.

13. The Chief Secretary to Government may require that, within Fences, gates,
a time to be specified in the requisition, or within such further time m^Jd'e!**' ^ ^^
as he may appoint in this behalf :

(a) Boundary marks or fences be provided or renewed by the
Railway Administration for the railway, or any part
thereof, and for roads constructed in connection there-
with ;

(6) Any works in the nature of a screen, near to or adjoining
the side of any public road, constructed before the making
of a railway, be provided or renewed by the Railway
Administration for the purpose of preventing danger to
passengers on the road by reason of horses or other animals
being frightened b}^ the sight or noise of the rolling stock
moving on the railway ;

or renewed by the Railway Administration at places
where a railway crosses a public road on the level ;

(d) Persons be employed by the Railway Administration to

open and shut such gates, chains, or bars.

14. (i) Where the Railway Administration has constructed a Level
railway across a public road on the level, the Chief Secretary to b^repilced*
Government may at any time, if it appears to him necessary for by bridges, etc.
the public safety, require the Railway Administration, within such

time as he thinks fit, to carry such road either under or over the
railway by means of a bridge or arch, with convenient ascents and
descents and other convenient approaches, instead of crossing the
road on the level, or to execute such other works as, in the circum-
stances of the case, may appear to the Chief Secretary to Government
to be best adapted for removing or diminishing the danger arising
from the level crossing.

(ii) The Chief Secretary to Government may require, as a con-
dition of making a requisition under sub-section (i), that the local
authority, if any, which maintains the road, shall undertake to
pay the whole of the cost to the Railway Administration of com-
plying with the requisition, or such portion of the cost as the Chief
Secretary to Government thinks just.

15. (i) In either of the following cases — namely :

(a) Where there is danger that a tree standing near a railway

may fall on such railway so as to obstruct traffic ;

(b) When a tree obstructs the view of any signal ;

the Railway Administration may, with the permission of a Magis-
trate of the First Class fell such tree, or deal with it in such other
manner as will, in the opinion of the Railway Administration, avert
the danger or remove the obstruction, as the case may be.

Eemoval of
trees.

314

No. 4 OF 1912.

Notice to be
riiven by owner
or occupier
of land felling
or clearing any
trees or jungle
adjacent to
railway.

Telegraphs and
telephones.

Eight to use
locomotives.

E. 14 of 1913.

Facilities to be
afforded by
Railway
Administration.

No undue
preference to be
given.

rrorfduro
when comjjlaint
made of breach
of last two
sections.

(ii) In case of emergency the power mentioned in sub-section (i)
may be exercised by the Railway Administration without the
permission of a Magistrate.

(iii) Where a tree felled or otherwise dealt with under sub-section
(i) or sub-section (ii) was in existence before the railway was
constructed or the signal was fixed, a Magistrate may, upon the
application of the persons interested in the tree, award to those
persons such compensation as he thinks reasonable.

(iv) A Civil Court shall not entertain a suit to recover compen-
sation for any tree felled or otherwise dealt with under this section.

16. In the event of the oAvner or occupier of any land felling
or clearing any trees or jungle adjacent to the railway or to any
telegraphs or telephones erected thereon such owner or occupier
shall give to the Railway Administration seven days' previous
notice in writing of his intention so to do and shall take all such
reasonable precautions as the Railway Administration may require
for the protection of the railway or of any telegraphs or telephones
erected thereon. In the event of any such owner or occupier
causing damage to the railway or to any telegraphs or telephones
erected thereon the amount of any such damage shall in default
of agreement be recoverable in a summary manner before a Magis-
trate of the First Class : provided that if any such claim shall
exceed five hundred dollars proceedings shall be taken before the
Court of a Judicial Commissioner.

17. It shall be lawful for the General Manager to erect and work
telegraphs and telephones along the railway and to collect fees for
the transmission of messages thereby.

17a. The Railway Administration may use upon the railway
locomotive engines worked by steam or by such other power as the Chief
Secretary to Government may from time to time approve and rolling
stock to be drawn or propelled thereby.

18. The Railway Administration shall afford all reasonable
facilities according to its ability for the receiving, forwarding, and
delivering of traffic.

19. The Railway Administration shall not make or give any undue
or unreasonable preference or advantage to or in favour of any
particular person, or any particular description of traffic, in any
respect whatsoever, or subject any particular person or any
particular description of traffic to any undue or unreasonable
prejudice or disadvantage in any respect whatsoever.

20. (i) The Chief Secretary to Government, on receiving a com-
jjlaiiit of anything done by the Railway Administration in con-
travention of either of the two last preceding sections, may, if he
thinks fit, refer the case to the Court of a Judicial Commissioner
for decision.

(ii) In hearing any such case the Judicial Commissioner shall
have all powers exerciseable by him in the hearing of an ordinary
civil suit, and may permit any party to appear before him, either
personally, or by Advocate and Solicitor.

RAILWAYS. 315

(iii) Any decree or order made on such liearing may be enforced
in the same Avay as a decree or order granted by the Court of a
Judicial Commissioner in its ordinary jurisdiction.

■21. (i) Whenever it is sheAvn that the Railway Administration unequal rates
charges one trader or class of traders, or the traders in any local or'^seVvicS. ''
area, lower rates for the carriage of the same or similar animals or
goods, or lower rates for the same or similar services, than it charges
to other traders or classes of traders, or to the traders in another
local area, the burden of proving that such lower charge does
not amount to an undue preference shall lie on the Railway
Administration.

(ii) In deciding whether a lower charge does or does not amount
to an undue preference, the Court may within its discretion enter-
tain, besides any other considerations affecting the case, the con-
sideration whether such lower charge is necessary for the purpose of
securing, in the interests of the public, the traffic in respect whereof
it is made.

22. It shall be lawful for the Railway Administration to carry Letters to be
letters on railway service, or letters containing invoices or railway raUwly.^^
receipts for traders.

23. All actions and suits which, if the railway were the property Actions by
of a company under the " Companies Enactments, 1897," having its R°aUwly Ad-
registered office in the Federated Malay States, might be brought ministration.
by and against such company, may be brought by and against

the Railway Administration ; and for the purpose of all such
actions and suits, the land, buildings, rolling stock and other
property appertaining to the said railway shall be deemed to be
the property of the Railway Administration.

23a. (i) Any railway official or other person generally or specially Conduct of
authorized in writing by the General Manager to act for the Railway of K^uway ^
Administration in respect of any judicial proceeding instituted or Administration.
to be instituted by or against the Railway Administration in any Court ^' ^^ °^ ^^^^'
of civil jurisdiction shall be deemed to be the recognized agent by whom
appearances, acts, and applications under '' The Civil Procedure Code,
1902," in respect of such judicial proceedings may be made or done
on behalf of the Railway Administration.

(ii) Any railway official generally or specially authorized in writing Authority to
by the General Manager in that behalf may, subject to the provisions Certain cases.
o/ " The Criminal Procedure Code, 1902," conduct the prosecution
in any Court of summary criminal jurisdiction of any person who
is accused of any offence against this Enactment or of any offence
committed upon a railway.

24. (i) Without the previous sanction of the Chief Secretary to Restriction on
Government none of the rolling stock, machinery, plant, tools, against Railway
fittings, materials, or effects used or provided by the Railway Ad-
ministration for the purpose of the traffic on the railway or of its
stations or workshops shall be liable to be taken in execution of
any decree, or order of any Court, or of any local authority, or person
having by law power to attach or distrain property or otherwise
to cause property to be taken in execution.

Administration.

316

No. 4 OF 1912.

Service of
summonses,
notices, etc.

Government

railway

officials

public

servants.

E. 23 of 1920.

Rules to be
made.

(ii) Nothing in sub-section (i) is to be construed as affecting the
authority of any Court to attach the earnings of the railway in
execution of a decree or order.

25. (i) Any summons, notice, order, or other document required
to be served upon the Railway Administration may be served by
leaving the same or sending it through the post by a registered
letter addressed to the General Manager, Federated Malay States
Railways.

(ii) Where a summons, notice, order, or other document is served
by post, it shall be deemed to have been served at the time when
the letter containing it would in the ordinary course of post be
delivered ; and in proving such service it shall be sufficient to prove
that the letter containing the summons, notice, order, or other
document was properly addressed and registered.

26. (i) All officials of the railway shall be deemed to be public
servants for the purposes of Chapter IX of the Penal Code.

(ii) Except in the case of persons appointed to serve as railway
police and vested with powers, privileges, and duties under the pro-
visions of " The Police Force Enactment, 1920," no such official
shall be deemed to be a public servant for any other purposes
of the Penal Code except those mentioned in sub-section (i),
notwithstanding anything in Section 21 thereof contained.

27. (i) The Railway Administration shall, with the approval of
the Chief Secretary to Government, make rules to regulate

(a) the mode in which and the speed at which carriages and

wagons used on the railway are to be moved or propelled ;

(b) the fares to be paid by passengers ;

(d) the maximum number of passengers to be carried in any

compartment, and the mode in which such number shall
be notified upon such compartment ;

(e) the provision to be made for the accommodation and con-

venience of passengers ;
(/) the classification of goods and the rates to be charged for
carriage thereof ; and what articles are to be deemed
" dangerous " articles ;
(g) the terms and conditions on which the Railway Adminis-
tration will warehouse or retain goods at any station on
behalf of the consignee or owner ;
(h) and generally for use of the railway by the public and its
working and management,
(ii) All such rules shall come into operation immediately upon
publication in the Gazette ; and notices containing a copy thereof,
together with notices containing an abstract of this Enactment,
shewing all offences punishable hereunder, and the penalties
attaching thereto, printed in English, Malay, Chinese, and Tamil,
shall be permanently and conspicuously exhibited at all railway
stations ; and upon proof of the due exhibition of such notices,
knowledge of the contents thereof shall be presumed as against any
person using a railway.

RAILWAYS.

317

28. All rules which are in force at the coming into operation of Existing rules
this Enactment, and which are not inconsistent with any of its force"i^tii^ *°
provisions, shall continue to be in force until repealed or amended supersedea.
by rules made under the preceding section.

29. No railway, portion of, extension of, or addition to the railway conditions
shall be opened for the public use until the Railw ay Administration mifway may
shall have given notice to the Chief Secretary to Government in Reopened.
writing that the same is intended to be so opened for the public

use, and until an officer appointed in that behalf by the Chief
Secretary to Government shall have inspected the same, and shall
have reported to the Chief Secretary to Government that the opening
of the same would not in his opinion be attended with danger to the
public using the same.

30. The Railway Administration shall, within forty-eight hours Report to be
after the occurrence upon the railway of ^cwents!'

(a) any accident attended with loss of human life or serious

injury to person or property ;

(b) any accident of a description usually attended with such loss

or injury ; and

Secretary to Government may from time to time direct
to be so notified ;

give notice thereof to the Chief Secretary to Government, and the
station-master nearest to the place at which the accident occurs, or,
where there is no station-master, the officer in charge of the section
of the railway upon which the accident occurs shall without un-
necessary delay give notice in writing or by telegraph, of such
accident, to the nearest Magistrate and to the officer in charge of the
police station in the jurisdiction of which the accident has occurred,
or to such other Magistrate and police officer as the Chief Secretary
to Government may from time to time appoint in this behalf.

31. The Railway Administration shall make up and forward to
the Chief Secretary to Government a return of all accidents occurring
in the course of the public traffic upon the railway, whether attended
with personal injury or not, in such form and manner, and at such
intervals of time, as the Chief Secretary to Government directs.

Periodical
returns to be
forwarded.

32. Any station-master or other person omitting to give notice Fine for

--~----- - omission

give notice.

as required by Section 30 shall be punished with a fine which may °"^'*^'°'^ *"

extend to twenty-five dollars.

33. No person shall enter miy carriage used on a railway or any Fares to be
steamer or other vessel used for carrying on the traffic of a railway, ^^senger
for the purpose of travelling therein, without having first paid his fare tickets to be
and obtained a ticket. Every person desirous of travelling on the deman^d.
railway shall, upon payment of his fare, be furnished with a ticket E.2iofi9i6.
specifying the class of carriage or accommodation for, and the station
or place from and the station or place to ivhich the fare has been paid,
and shall, luhen required, shew his ticket to any railway officials duly
authorized to examine the same, and shall deliver up such ticket upon
demand to any of the railway officials duly authorized to collect tickets.

318

No. 4 OF 1912.

Fare and
freight to be
accepted
conditionally.

E. 21 of 1916.

E. 21 of 1918. Any person travelling without a ticket or not producing or delivering

up his ticket as aforesaid shall he liable to pay

(a) the fare for the distance travelled or where there is any doubt

as to the station or place from which he started the fare from
the station or place from which the train, steamer, or vessel
originally started, and also

(b) a special charge of fifty cents, twenty-five cents, or ten cents

according as he travelled in a carriage or enjoyed accommo-
dation of the first, second, or third class.
Such fare and special charge shall he paid on demand to any railway
official duly authorized to collect tickets and, if not so paid, payment
thereof may be enforced in the same manner as any fine imposed under
this Enactment.

34. The fare and freight paid for the conveyance of passengers or
goods by any particular train, steamer, or other vessel shall be deemed
to be accepted only upon condition that there he room in such train,
steamer or other vessel for the passengers or goods to be conveyed.
In case there shall not be room for all the passengers or goods,
those passengers who shall have obtained tickets for the longest
distance shall have the preference, and those who shall have obtained
tickets for the same distance shall have the preference according
to the order in which they shall have received their tickets ; and
the like order shall be observed as to the goods : provided that all
officers and troops on duty and all other persons travelling on the
business of the Government of the Federated Malay States or of
the Colony of the Straits Settlements or of Johore, shall be entitled
to be conveyed on the railway in preference to, or in priority over,
the public, without reference to the distance for which, or the order
in which, they shall have received their tickets.

35. Any person who shall defraud or attempt to defraud the
Railway Administration by travelling or attempting to travel upon
a railway without having previously paid his fare ; or by riding in
or upon a carriage of a higher class than that for which he shall
have paid his fare ; or by continuing his journey in or upon any
of the carriages beyond the station for which he shall have paid
his fare, without having previously either paid the fare for the
additional distance or obtained the sanction of the station-master or
guard of the train ; or who shall knowingly and wilfully refuse or
neglect, on arriving at the station to which he shall have paid his
fare, to quit such carriage and railway premises ; or who shall
transfer or profit by the transfer of the return half of any ticket
obtained by him, or who shall in any othc^r manner whatever
attempt to evade the payment of his fare, shall be liable to a fine

E. 21 of 1918. not exceeding fifty dollars for each offence.

Fine for enter- 36. Any passcngcr who shall get into or upon, or attempt to

Inot^OTo^r^ridhig S<^^ ^^^^ or upou, or shall quit or attempt to quit any carriage upon
on thf sttpa. a railway while such carriage is in motion ; or who shall ride or
attempt to ride upon the railway on the steps, platform, or any other
part of a carriage, except such parts as are intended for the accom-
modation of })assengcrs, shall be liable to a fine not exceeding ten
dollars for each offence.

Penalty for
fraud.

RAILWAYS. 319

37. Any person other than the engine-man and fireman and Fine for riding
assistant fireman, if any, Avho, without the special license of the t^nde?,'or'
Raihvaj^ Administration or Locomotive Superintendent, shall ride luggage-van.
or attempt to ride upon any locomotive engine or tender upon the
railway, and any person other than the guard or brakesman, who,
without special permission of the Railway Administration or Traffic
Manager, shall ride or attempt to ride upon the railway in or upon

any luggage van or goods wagon, or other vehicle not appropriated
to the carriage of passengers, shall be liable to a fine which may
amount to twenty dollars for each ofiEence.

38. If any person shall smoke, or shall expectorate, or shall chew ^^°p^|!j^^;j'£
betel, bhang, tobacco, opium, or other like substance, either on the betel pro- °
premises or in or upon any of the carriages belonging to the raihvay, '^i'^^'^^'^-
where such smoking, ex j)ectoration , or chewing is prohibited, he

shall be liable to a fine which may amount to ten dollars for each

offence ; and if any person persist in infringing this regulation,

after being warned to desist by any railwa}^ official or passenger,

such person, in addition to incurring the hability above mentioned,

may be removed by any official from any such carriage, and from

the premises appertaining to the railway, and shall if a passenger e. 2iofi9i6.

forfeit his fare.

39. Any person who shall behave in a disorderly manner or Penalty for
shall be in a state of intoxication, or be insufficiently or nuisance.
indecently clad, or who shall commit any nuisance or act of e. 23 of 1920.
indecency in any raihvay carriage, or upon any part of the
premises appertaining to a railw^ay, or who shall wilfully and
without law^ful excuse interfere with the comfort of any passenger

on the railway, shall be liable to a fine not exceeding twenty dollars,
or to imprisonment, with or without hard labour, for any term
not exceeding three months, or to both ; and in addition to such
liability, the offender may be removed by any railway official from
any such carriage, and also from the premises appertaining to the
railway, and shall if a 2Msse?iger forfeit his fare, e. 2iof loio.

40. Any person making improper use of the emergency signal Penalty for

.•11- ° ^- ^ i • 1, xu TD -1 improper use of

apparatus provided m any carriage or on any tram by the Kailw^ay emergency
Administration for the use of passengers to stop a train in the case f ""^j^tus.
of emergency shall be liable to a fine not exceeding fifty dollars.

41. If any special carriage or portion of a carriage, or any private Penalty for

. . iifi • ^ ^ £ j-1-1- t entering private

room or apartment, shall be provided for the exclusive use 01 room or
females, or of females and children, or otherwise, any person, other carriage.
than those for w hom such special provision is made Avho, without
lawful excuse, shall enter such carriage, or portion of a carriage, or
any such room or apartment, knowing the same to be appropriated
as aforesaid, or shall remain therein, after having been informed
of its exclusive appropriation, or if any special carriage or com-
partment has been reserved for the private use of any person or
persons, and any one without lawful excuse shall enter such carriage
or compartment knowing the same to be reserved or remain therein
after being requested to leave, or if any passenger of one class shall
knowingly and wilfully refuse or neglect to leave any room or
place set apart for passengers of a higher class, such person shall

320

No. 4 OF 1912.

K. 21 ot 191G.

Provisions as to
liability in re-
spect to carriage
of certain
animals.

Liability in
respect of
vehicles.

E. 14 of 1913.

be liable to a fine which may amount to fifty dollars and may be
removed therefrom and also from the premises appertaining to
the railway, by any railway ofHcial, and shall if a passenger forfeit
his fare.

42. (i) The responsibility of the Railway Administration for the
loss, destruction, or deterioration of animals delivered to it, to be
carried on the railway, shall not in any case exceed, in the case of
horses, three hundred and fifty dollars a head, or in the case of
mules, donkeys, or horned cattle, one hundred dollars a head, or in
the case of sheep, goats, dogs, or other animals, twenty dollars a
head, unless the person sending or delivering them to the Railway
Administration caused them to be declared, or declared them at the
time of their delivery for carriage by railway to be, respectively, of
higher value.

(ii) When such higher value has been declared, the Railway
Administration may charge, in resj^ect of the increased risk, a per-
centage upon the excess of the value so declared over the respective
sums aforesaid.

(iii) The Railway Administration shall not under any circum-
stances be liable for the loss, destruction, or deterioration of any
animal if such loss, destruction, or deterioration be due to fright or
restiveness not caused by negligence or misconduct on the part of
any railway official, nor for any loss or damage arising from delay
in the conveyance of any animal not caused by such negligence or
misconduct as aforesaid.

42a. (i) The Raihvay Administration shall nut be liable for the
loss, destruction , or deterioration of any traction engine, motor car, or
other vehicle delivered to it to be carried on the raihvay unless such
vehicle shall have been delivered into the custody of a raihvay clerk
or station-master and a ivritten acknowledgment of the receipt by the
Railway Administration of such vehicle shall have been obtained.

(ii) The responsibility of the Railway Administration for the loss,
destruction, or deterioration of traction engines, motor cars, and other
vehicles delivered into the custody of a railway clerk or station-master
to be carried on the railway and in respect ivhereof such written acknow-
ledgment as is referred to in sub-section (i) has been obtained shall
not extend to the payment, in respect of any one vehicle, of any sum in
excess of the limits Jiereby prescribed — that is to say,

in the case of a traction engine or motor car of a kind

not herein otherwise specifically referred, to . . $200

in the case of a coach, carriage, ghari, or omnibus . . 100

in the case of a motor-bicycle or motor -tricycle . . 50

in the case of any other vehicle . . . . . . 10

except where the person delivering or causing delivery of a vehicle
into the custody of a railway clerk or station-master declared it in
vjriling or caused it to be declared in writing at the time of such delivery
to be of a value exceeding the limit hereinbefore prescribed in respect
of such vehicle and paid by way of compensation for increased risk
a sum (in addition to the prescribed charge for carriage by railway)

RAILWAYS. 321

equal to one per cent, upon the excess of the value so declared over the
limit hereinbefore jjrescribed.

(iii) In this section the expressions " traction engine " and " motor
car " have the meanings assigned to them respectively in " The Traction
Engines and Motor Cars Enactment, 1912," and the term, " vehicle "
includes, in addition to the vehicles mentioned in sub-section (i), carts,
wagons, vans, lorries, jinrikishas, bicycles, tricycles, hand-carts, and
other vehicles used or intended to he used for the conveyance of persons
or goods.

43. (i) The Railway Administration shall not he responsible for Liability as to
the loss, destrifction, or deterioration of any passengers' luggage unless ^^^IT^J^e^'

it has been delivered into the custody of a railway official. E.uof I9i3.

(ii) The resjwnsibility of the Railway Administration for the loss,
destruction, or deterioration of passengers' luggage d,elivered into the
custody of a railway official shall not, unless such luggage have been
registered under any system for the registration of passengers' luggage
in force under Section 27 or Section 28, extend to the payment, in respect
of any one package and its contents, of any sum in excess of the limits
hereby prescribed — that is to say,

in the case of luggage of a passenger duly furyiished

with a ticket for a carriage of the \st class . . . . $50

in the case of luggage of a passenger duly furnished

with a ticket for a carriage of the 2nd class . . 30

in the case of luggage of a passenger duly furnished
with a ticket for a carriage of any class inferior to
the 2nd class . . . . . . . . . . . . 20

44. (i) When any articles mentioned in the second schedule hereto Liability as to
are contained in any parcel or package delivered to the Railway speeiafv°aiue.
Administration for carriage by railway, and the value of such

articles exceeds one hundred dollars, the Railway Administration
shall not be responsible beyond such sum for the loss, destruction,
or deterioration of the contents of such parcel or package unless
the person sending or delivering the parcel or package to the
Railway Administration caused its value and contents to be declared,
or declared them at the time of the delivery of the parcel or package
for carriage by railway, and, if so required by the Railway Adminis-
tration, paid or engaged to pay a percentage on the value so declared
by way of compensation for increased risk.

(ii) When any parcel or package, of which the value has been
declared under sub-section (i), has been lost or destroyed or its
contents have deteriorated, the compensation recoverable, in respect
of such loss, destruction, or deterioration, shall notexceed the value
so declared, and the burden of proving the value so declared to
have been the true value shall, notwithstanding anything in the
declaration, lie on the person claiming the compensation.

(iii) The Railway Administration may make it a condition of
carrying a parcel declared to contain any article mentioned in the
second schedule hereto that the railway servant authorized in that
behalf has been satisfied by examination or otherwise that the
parcel actually contains the article declared to be therein.

11—21

322

No. 4 OF 1912.

Liability in
case of through
booking by rail
and boat.

Liability In rase
of carriage by
water.

E. 31ofl'Jl4.

(iv) The foregoing provisions of this section shall not apply to
any parcel carried by railway for any postal authority.

45. (i) When the Railway Administration contracts to carry
passengers, animals, luggage, or goods partly by railway and partly
by sea, a condition exemj)ting the Railway Administration from
responsibility for any loss of life, personal injury, or loss of or
damage to animals, luggage, or goods which may happen during the
carriage by sea from the act of God, the States' enemies, fire,
accidents from machinery, boilers, and steam and all and every other
dangers and accidents of the seas, rivers, and navigation of what-
ever nature and kind soever shall, without being expressed, be
deemed to be part of the contract ; and, subject to that condition,
the Railway Administration shall, irrespective of the nationality
or ownership of the ship used for the carriage by sea, be responsible
for any loss of life, personal injury, or loss of or damage to animals,
luggage, or goods which may, without its actual fault or privity,
happen during the carriage by sea, whether from improper naviga-
tion or management of the ship or otherwise, to the following extent
only — that is to say :

(a) In respect of loss of life or personal injury to any passenger,

either alone or together with loss of or damage to animals,
luggage, or goods, the Railway Administration shall not
be liable to damages beyond an aggregate amount not
exceeding one hundred and twenty-five dollars for each
ton of the vessel used for the carriage by sea ;

(b) In respect of loss of or damage to any animals, luggage, or

goods, whether there be in addition loss of life or personal
injury or not, the Railway Administration shall not be
liable to damages beyond an aggregate amount not
exceeding sixty dollars for each ton of the vessel used
for the carriage by sea.

(ii) For the purposes of this section the tonnage of a steam
vessel shall be her gross tonnage, and the tonnage of a sailing
vessel shall be her registered tonnage.

(iii) The limitation of liability under this section shall relate to
the whole of any losses or damages which may arise ujjon any one
distinct occasion, although such losses or damages may be sustained
by more than one person.

(iv) The burden of proving that any such loss, injury, or damage,
as is mentioned in sub-section (i), happened during tlie carriage by
sea shall be upon the Railway Administration.

45a. When the Railway Administration con/racis lo carry hy
river or sea hut not hy railway any merchandise, machinery, bales,
boxes, casks, crates, or any other article or thing ivhatsoever for tran-
shipment from a ship or boat to another ship or boat or to the shore or
from the shore to any ship or boat, the Railway Administration shall
not be liable for loss of or damage to any article or thing which in
pursuance of such contract is in or upon any ship, boat, lighter, or
other vessel of or employed by the Railway Administration, whether
the same be in motion or not, unless such loss or damage shall arise

RAILWAYS.

323

from or he caused by the ivilful default of the Railway Administration
or its servants.

46. In any suit against the Railway Administration for com- Burden of proof
pensation for loss, destruction, or deterioration of animals or soods j" '"''sppct of

> 1 11- 1 , , 1 -r^ •! . 1 . . . n ioss of animals

or passengers luggage delivered to the Kailway Administration for or goods.
carriage by railway it shall not be necessary for the plaintiff to E.i4ofi9i3.
prove how the loss, destruction, or deterioration was caused. In
every such proceeding the burden of proving the value of the
animals or goods or imssengers' luggage and, where the same have
been injured, the extent of the injury, shall lie upon the person
claiming the compensation.

47. A person shall not be entitled to a refund of an overcharge Notification of
in respect of animals or goods carried by the railway, or to com- of'overdiaii^^"'^
pensation for the loss, destruction, or deterioration of animals or and to compen-
goods dehvered to be so carried, unless his claim to the refund or '^"°" ^«'' ^°ss«^«-
compensation has been preferred in Avriting by him or on his behalf

to the Railway Administration within three months from the date
of the delivery of the animals or goods for carriage by railway.

48. Notwithstanding anything in the provisions of the eight pre- Exoneration
ceding sections the Railway Administration shall not be responsible bi°™y1n casfof
for the loss, destruction, or deterioration of any goods with respect goods faiseiy
to the description of which an account materially false has been ^ 2iofi9i6
given to the Railway Administration by the owner or person having

charge thereof, if the loss, destruction, or deterioration is in any
way brought about by the false account, and the Railway Adminis-
tration shall not be responsible in any case for an amount exceeding
the value of the goods, if such value were calculated in accordance
with the description contained in the false account.

49. If any person shall fail to pay, on demand, any sum due for Bemedyfor
the conveyance of any goods, it shall be lawful for the Railway oUhe^wniage
Administration to detain all or any part of such goods, or if the of goods.
same shall have been removed from the premises appertaining to

the railway, any other goods of such person which shall then be on
the railway premises, or shall thereafter come into the possession
of the Railway Administration, and also, after reasonable notice to
such person, to sell by public auction a sufficient quantity of such
goods to realize the sum payable as aforesaid and all charges and
expenses of such detention and sale ; and out of the proceeds of
the sale to retain the sum so payable, together with the charges
and expenses aforesaid, rendering the surplus, if any, of the money
arising by such sale, and such of the goods as shall remain unsold,
to the person entitled thereto ; or the Railway Administration may
recover any such sum by action at law. The goods of passengers
may also be detained and sold, and the proceeds disposed of, as
above provided, for non-pajonent of the fare due by them,

50. The owner or person having the care of any goods which written
shall have been carried upon the railway, or shall be brought to the goodslo tfe
premises appertaining to the railway, for the purpose of being gi^^enon
carried on the railway, shall, on demand by any railway official,
deliver to such official an exact account in writing, signed by him,

324

No. 4 OF 1912.

Penalty for
giving no
account or false
account.

Carriage of
goods of a
dangerous
nature.

Persons suffer-
ing from small-
pox, etc., not
allowed to use a
railway.

Penalty for
removint' stakes
or pegs, or
defacing marks.

Penalty for
trespass.

of the number or quantity and description of such goods. This
provision shall not apply to passengers' luggage.

51. If any such owner or person as aforesaid shall, on demand
by any railway official, fail to give such account, or if he shall
wilfully give a false account, he shall for every such offence be
liable to a fine not exceeding twenty dollars for every ton of goods
and to a fine not exceeding ten dollars for any quantity of goods
less than a ton.

52. No person shall carry upon the railway any dangerous article,
or be entitled to require any railway official to carry upon the
railway any article which, in the judgment of any railway official,
shall be of a dangerous nature, or so bulky that it would be unsafe
for the railway to convey the same ; and if any person shall carry
upon the railway any dangerous article, or shall deliver for carriage
any such article, without distinctly declaring the nature of the
same, he shall be liable to a fine not exceeding one hundred dollars
for every such offence ; and it shall be lawful for any railway official
to refuse to carry any luggage or parcel that may be suspected to
contain articles of a dangerous nature, and to require the same to
be opened ; and in case any such luggage or parcel shall have
been received by any railway official for the purpose of being carried
on the railway it shall be lawful for any railway official to stop the
transit thereof until he shall be satisfied as to the nature of the
contents of the luggage or parcel.

53. If any person suffering from small-pox or other contagious
or infectious disease shall wilfully enter upon the premises of, or
travel by, the railway, he shall be guilty of an offence, and liable
to a fine which may extend to two hundred and fifty dollars ; and
if any person whilst upon the premises of, or travelling by, the
railway be discovered to be so suffering it shall be lawful for any
railway official to remove him at the earliest opijortunity ; and
such person may, in addition to any fine, be ordered to pay the
amount of any expenses incurred in the disinfection of any carriage
or portion of a carriage occupied by him while so travelling. Any
such carriage, or portion of a carriage, shall be properly disinfected
as soon as practicable, and shall not be used for the conveyance
of passengers until it has been so disinfected. Notwithstanding
anything in this section provided, it shall be lawful for any person
suffering from any contagious or infectious disease to make use of
the railway : provided that previously to entering any railway
station he has obtained permission from the station-master.

54. Any person who shall remove any stakes or pegs, or other
marks, placed by any railway official along the line of the railway,
or contiguous thereto, for the purpose of setting out, tracing, or
shewing such line, shall be liable to a fine which may amount to
twenty dollars.

55. Any person who shall trespass upon the railway or upon any
of the lands, stations, or other premises api)ertaining to the railway
shall be liable to a fine not exceeding ten dollars ; and if any such
person shall refuse to leave the railway or premises, on being

RAILWAYS. 325

requested to do so by any railway official, he shall be liable to a
fine not exceeding twenty dollars, and may be immediately removed
therefrom.

56. Any person who shall mlfully ride, lead, or drive upon or Penalty lor
across any railway any animal, bicycle, cart, or other vehicle except a.Vimautpon
when crossing such raihvay at any road or place appointed for rliUvaT^*^^^
that purpose at a time at which he may lawfully do so, shall be

liable to a fine not exceeding twenty dollars for each offence.

57. When the railway crosses any public carriage road (not Precautions
defined to be an occupation crossing as hereinafter provided) on crosserroadf
a level, the Railway Administration shall, when the line is open

for traffic, cause to be erected and maintained good and efficient
gates at the point where the railway crosses the road, and shall
employ proper persons to open and shut such gates ; and such
gates shall be of such dimensions and so constructed as when closed
to fence in the railwaj^, and prevent persons, cattle, or horses
passing along the road from entering ujion the railway ; and shall
be kept closed against the railway except when engines or carriages
passing along the railway shall have occasion to cross the road :
provided that it shall be lawful for the Chief Secretary to Govern-
ment in any case to order that any of such gates may be kept closed
against the road instead of against the railAvay. The Chief Secre-
tary to Government may impose any conditions with regard to
such order.

58. (i) It shall be lawful for the Chief Secretary to Government occupation
from time to time to declare, by notification in the Gazette, any road '=''°^^'"°'^-
or path which a railway may cross to be an " occupation crossing."

The gates of such occupation crossings are not to close across the
railway and are to be kept locked by means of padlocks, the keys
of which shall be kept by railway officials.

(ii) A duj^licate of the key of the padlock of the gates of any
occupation crossing may be entrusted by the Railway Administra-
tion to any j^erson having frequent occasion to use such occupation
crossing, to be retained during the pleasure of the Railway Adminis-
tration, and used by him at his discretion, subject to a penalty of
five hundred dollars for misuse.

(iii) Any other person desiring to use an occupation crossing must
give such notice of his intention to do so as may from time to time
be appointed by the Chief Secretary to Government to the railway
official vdth. whom the key of the padlock is deposited. The Railway
Administration will define from time to time the hours suitable for
such openings, and the gates shall only be opened by such railway
official at the times so defined by the Railway Administration.
Cattle passing over the occupation crossing must not be driven,
but led by a suitable and properly secured halter. Any person
other than a person entrusted with a key under sub-section (ii),
who may use or attempt to use an occupation crossing without such
notice as aforesaid, or at hours other than those defined as aforesaid,
and any person causing cattle to cross without such halter as
aforesaid, and the owner of any cattle so crossing, shall be guilty of
an offence, and be liable to a fine wiiich may amount to twenty

326

No. 4 OF 1912.

Liability of
owner of
animal
trespassing.

E. 21 of 1916.

Penalty for
damagp, wilful
or negligent

dollars, or to imprisonment, with or without hard labour, not
exceeding three months.

(iv) Occupation crossings may, with the approval of the Chief
Secretary to Government, be sanctioned and opened upon any
existing line at the discretion of, and upon conditions imposed by,
the General Manager, the first cost of construction and an annual
rent for maintenance being payable by the person for whom such
crossing may be constructed.

(v) It shall be at all times within the power and discretion of the
General Manager, with the approval of the Chief Secretary to
Government, to close any occupation crossing ; or, in the event of
the neglect of the owner or occupier to comply Avith the conditions
imposed, with the like approval to appoint and maintain at such
crossing an officer of the railway at the expense of the owner or
occupier, and such expense shall be payable in addition to any
other sums recoverable under this Enactment.

59. The owner of any animal which shall trespass or stray upon
the railway, or upon any lands appertaining to the railway (such
railway or lands being provided with suitable fences for excluding
cattle), shall be liable to a fine not exceeding five dollars for each
animal ; and it shall be lawful for any railway official to take or
drive every animal which shall be found so trespassing to the nearest
police station, there to be detained until the highest amount of
fine incurred by such trespass, and the expense of feeding and
keeping the animal, be paid, or until a Magistrate shall otherwise
order. Should the animal prove unmanageable or be suffering from
fatal or serious injury, it shall he lawful for any railway official not
below the rank of station-master to shoot or otherwise destroy such
animal, and the owner will be liable to prosecution and fine if the
trespass be proved. A Magistrate may, upon proof of the trespass,
cause such animal to be sold by public auction, and the proceeds
of the sale, after deducting therefrom such fine as the Magistrate
shall award, and such further sum as the Magistrate shall order to
be paid for the expense of detaining, feeding, and selling each
animal, shall be returned to the owner of the animal on demand.
Nothing in this section contained shall be deemed to render the
Railway Administration liable for any injury to any animal
trespassing or straying upon the railway, or upon any lands apper-
taining to the railway, for which the Railway Administration
would not have been liable if this section had not become law.

60. (i) Any person who shall wilfully or negligently damage or
injure any carriage, engine, wagon, truck, station, warehouse, bridge,
tunnel, culvert, building, machine, rail points, or any other matter
or thing belonging to the railway, or who shall remove sand or stone
or earth or any other matter or thing from banks, bridges, culverts,
retaining walls, or permanent way of fhe railway, or shall fell
timber in a manner likely to endanger the safety of passing trains
or of any person in or upon such trains, or to cause damage to the
permanent way, shall bo liable to a fine which may amount to one
hundred dollars or to imprisonment of either description for a term
not exceeding one year.

shutting
gates.

RAILWAYS. 327

(ii) Any person who shall tie up the wires of wire fencing, break
down or destroy any fencing or hedges, or do or cause to be done
any act that shall damage or be likely to damage any fence or
hedge apj)ertaining to the railway, shall be liable to a fine not
exceeding fifty dollars.

(iii) Any person who shall wilfully divert any stream or drain,
or by any means cause water to flow on to the railway, or cause
damage to the railway in any way by water, shall be liable to a fine
not exceeding one hundred dollars.

(iv) Any person who having any contract for the supply of
bricks, ballast, timber, fuel, or any other material to the railway,
or being employed in connection with the supply to the railway of
such material, shall negligently place or stack the said material
in an unsafe or careless manner, or at less than the prescribed
distance from the rails, so that the safety of passing trains or of
any person in or upon such trains shall be endangered, shall be
liable to a fine not exceeding fifty dollars.

61. If any person for whose use or accommodation any gate shall Penalty for
have been set up by any railway official, on either side of the railway, not'properiy
or any other person, shall open such gate, or pass, or attempt to
pass, or drive, or attempt to drive, any cattle, carriage, or other
animal or thing across the railway at a time when any engine or
train approaching along the same shall be in sight or hearing or

shall at any time omit to shut and fasten such gate as soon as he
and any cattle, carriage, or other animal or thing under his charge
shall have passed through the same, he shall be liable to a fine
which may amount to fifty dollars.

62. If any person shall wiKully and maliciously put, place, cast, obstmcting
or throw upon or across the railway any wood, stone, matter or ca^^'^or
thing, or take up, remove, or displace any rail, sleeper, matter or ^^^^^^""^^j'"'^
thing belonging to the railway, or turn, move, or divert any points passengers.
or other machinery belonging to the railway, or make, shew, hide,

or remove any signal or light upon or near the railway, or do or
cause to be done any act with intent, in any of the cases aforesaid,
to upset, obstruct, overthrow, injure, or destroy any engine, tender,
carriage, or truck used upon the railway, or to endanger the safety
of any persons travelb'ng or being upon the railwa}^ or cast, throw,
or cause to fall or strike against, into, or upon any engine, tender,
carriage, or truck used upon the railway any wood, stone, or other
matter or thing, \\dth intent to endanger the safety of any person
being in or upon such engine, tender, carriage, or truck, every such
offender shall on conviction be liable to corporal punishment not
exceeding twenty-four strokes, or fine which may amount to five
hundred dollars, or imprisonment of either description for any
period not exceeding twenty years, or to any two or more of these
punishments.

63. Whoever shall wilfully do any act, or shall wilfully omit to penalty lor
do what he is legally bound to do, intending by such act or omission o^Sn**"
to cause, or knowdng that he is thereby likely to cause, the safety «^^g^°Jfg™°
of any person travelling or being upon a railway to be endangered,

shall be liable to corporal punishment not exceeding twelve strokes,

328

No. 4 or 1912.

Penalty for

drunkenness

or breach of

dutj' by railway

official.

E. 21of 191C.

Penalty for an
act not wilful.

Breach of rules.

Apprehension
of ofEenders.

E. 21 of 1916.

Rules for the
construction
of the Enact-
ment.

Punishment of
children for
breach of
Enactment.

Ij lability of
offenders to
pay costs of
conviction.

or fine not exceeding one hundred dollars, or to imprisonment of
either description for any term not exceeding seven years, or to
any two or more of these punishments.

64. Any railway official who shall be in a state of intoxication
whilst actually employed upon the railway, or any of the works
connected therewith, in the discharge of any duty, and any railway
official who shall refuse or neglect to perform his duty, or shall per-
form the same in an improper manner, shall be liable to a fine
which may amount to twenty dollars, and if the duty be such that
the refusal or neglect to 'perform the same or the iinyro'per performance
thereof as the case 7nay he is likely to endanger the safety of any
person travelling or being upon the railway, such official shall on
conviction be liable to imprisonment of either description for a
term not exceeding one year, or to fine not exceeding one hundred
dollars, or to both.

65. If any person shall rashly or negligently, and without lawful
excuse, do any act which shall be likely to endanger his own safety
or that of any person travelling or being upon a railway, he shall
upon conviction be liable to imprisonment of either description
for a term not exceeding six months, or to fine which may amount
to fifty dollars, or to both.

66. Any person who wilfully does any act which is forbidden,
or neglects to do any act which is required, by the provisions of
any rules framed under this Enactment, shall be liable on conviction
to a fine not exceeding ten dollars.

67. Every person who shall be guilty of any oflfence under this
Enactment may be lawfully apprehended, without any warrant or
written authority, by any railway official, or by any other person
whom such railway official shall call to his aid, or by any police
officer, and every person so apprehended shall, with all convenient
despatch, be carried and conveyed to the nearest Police Station to
be dealt with according to law.

68. In the construction of this Enactment, every railway official
shall be deemed to be legally bound to do everything necessary for,
or conducive to, the safety of the public, and every such official
shall bo legally prohibited from doing every act which shall be
likely to cause danger.

69. And whereas many of the offences declared punishable by
this Enactment may be committed by children whom it will not
be expedient to punish in manner herein provided : it is therefore
enacted that it shall be competent to any Magistrate before whom
any person under the age of sixteen years shall be convicted of any
offence to order the moderate chastisement of such person not
exceeding twelve strokes with a light rotan instead of subjecting
him to the punishment prescribed by this Enactment, and such
chastisement shall be inflicted immediately if the Magistrate shall
so direct.

70. In case of any conviction under this Enactment the Magis-
trate may order the offender to pay the costs of such conviction,
in addition to any penalty or expenses to which he may be liable.

RAILWAYS. 329

Such costs may be assessed by the Magistrate, and may be levied
and recovered in the same manner as any penalty under this
Enactment.

71. In every case in which any person shall be liable under the Recovery of
provisions of this Enactment to pay any sum of money, damages, dlmagesrand
or expenses, the same may be levied and recovered in the same expenses.
manner as any penalties under this Enactment, and, if necessary,

the amount thereof may be fixed and assessed by the Magistrate
before whom the case shall be tried.

72. All actions and prosecutions which may be lawfully brought Limitation of
against any person for anjrthing done, or intended to be done, or mencemenTof
omitted to be done under this Enactment shall be commenced actions and

, , 1 • T prosecutions.

Within thi'ee months after the occurrence of the matter complained
of and not otherwise.

73. Any person who shall remove, deface, or in any way injure Penalty for
any document exhibited by the Railwa,y Administration in accord- notkesfetc.
ance with the provisions of Section 27, or any notice jDosted by

the Railway Administration at any station or anywhere else upon
the railway, and any unauthorized person posting notices anywhere
upon the railway, shall be liable to a fine which may amount to
twenty dollars, or to imprisonment of either description for a term
not exceeding three months.

74. (i) The General Manager may at his discretion and subject Punishment to
to the proviso hereinafter contained summarily dismiss on the Generai^^ ^
ground of misconduct, continued neglect of duty, incompetence, or Manager.
inefficiency, any railway official not under agreement, arid in

receipt of a salary of less than two hundred and fifty dollars per
month, or may suspend any such official from the performance of
his duties, or may reduce such official to a lower grade : provided
that any official so dismissed, suspended, or reduced shall have the
right of appeal to the Chief Secretary to Government. If such
suspension, dismissal, or reduction be confirmed by the Chief Secre-
tary to Government, the official, if suspended, shall be thereupon
dismissed from the service of the Government, or, if already dis-
missed by the General Manager, shall be deemed to be finally
dismissed without further appeal.

(ii) The General Manager may from time to time make such
by-laws as he shall think fit for the purpose of regulating the
conduct of the officials employed on the railway. A copy thereof
shall be given to every official affected thereby.

(iii) The General Manager may by such by-laws impose such
reasonable penalties upon all persons, being officials employed on
the railway, offending against such by-laws, as the said General
Manager ma}^ think fit, not exceeding in anj' one month seven days'
l^ay of any such official. Any such official who ma}^ feel aggrieved
by any such penalty as aforesaid may appeal to the Chief Secretary
to Government, whose decision shall be final.

(iv) The imposition of fines under sub-section (iii) hereof, upon
any official employed on the railway, shall (subject to the appeal
hereinbefore provided for) be wholly within the discretion of the

330

No. 4 OF 1912.

Immimity from
arrest.

Steam boilers.

General Manager ; and in the event of his considering that any
offence or misconduct in respect whereof such fine may have been
incurred would be better dealt with by a criminal prosecution, he
may institute such prosecution in lieu of the imposition of such fine.

75. No person connected with the direct working of a railway shall
be removed under arrest by the police while actually engaged in
the performance of his duties until the head of the department
in which he is employed shall have had an opportunity of providing
a substitute for him.

76. Boilers kept in use by a Railway Administration shall not be
subject to the provisions of " The Steam Boilers Enactments, 1908."

First Schedule.

State.

No.

and year.

Short title.

Perak

1903

The Railways Enactment, 1903

Selangor

1903

Do.

Negri Sembilan

1903

Do.

Pahang

1903

Do.

Perak

1904

The Railways Enactment, 1903,
Amendment Enactment, 1904

Selangor

1904

Do.

Negri Sembilan

1904

Do.

Pahang

1904

Do.

Perak

1910

The Railways Enactment, 1903,
Amendment Enactment, 1910

Selangor

1909

The Railways Enactment, 1903,
Amendment Enactment, 1909

Negri Sembilan

1909

Do.

Pahang

1909

Do.

Second Schedule.
ARTICLES TO BE DECLARED AND INSURED.

(See Section 44.)

(a) Gold and silver, coined or uncoined, manufactured or un-
manufactured ;

(b) Plated articles ;

(c) Cloths and tissue and lace of which gold or silver forms part
not being the uniform or part of the uniform of an officer, soldier,
sailor, police officer, or of any public officer entitled to wear uniform ;

(d) Pearls, precious stones, jewellery, and trinkets ;

(e) Watches, clocks, and timepieces of any description ;
(/) Government securities ;

RAILWAYS. 331

(g) Government stamps ;

(h) Bills of exchange, hundis, promissory notes, bank notes, and
orders or other securities for payment of money ;

(i) Maps, writings, and title-deeds ;

(;*) Paintings, engravings, lithographs, photographs, carvings,
sculpture, and other works of art ;

(k) Art pottery and all articles made of glass, china, or marble ;

(I) Silks in a manufactured or unmanufactured state, and whether
wrought up or not wTought up Avith other materials ;

(w) Shawls ;

(n) Lace and furs ;

(o) Opium ;

(p) Ivory, ebony, coral, and sandalwood ;

(q) Musk, sandalwood-oil, and other essential oils used in the
preparation of perfume ;

(r) Musical and scientific instruments ;

(s) Any article of special value which the Chief Secretary to
Government may, by notification in the Gazette, add to this schedule.

ENACTMENT NO. 6 OF 1912.

As amended by Fed. Enactments 12 and 27 of 1913, 32 of 1914, 18 of 1917,
2 and 22 of 1918, 1, 17, and 31 of 1919.

All Enactment to make provision for matters relating to
Labour.

Arthur Young, [21st September, 1912.

President of the Federal Council. 10th December, 1912.]

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows :

Short title
and commence-
ment.

Repeal.

Saving of
Netherlands
Indian Labour-
ers' J'rotectiou
Enactments,
1809.

PART I.

PRELIMINARY.

Chapter I.

SHORT TITLE AND REPEAL.

1. This Enactment may be cited as " The Labour Code, 1912,"
and shall come into force upon such a date as shall be appointed by
the Chief Secretary to Government by notification in the Gazette.

2. The Enactments mentioned in the first schedule are hereby
repealed.

3. The provisions of Part VIII of this Enactment shall, as near as
may be, apply to natives of Netherlands India and the ])laces
where they are employed, but with this exception none of the
provisions of this Enactment which may be inconsistent Avith the
provisions of the Netherlands Indian Labourers' Protection Enact-
ments, 1909, shall apply to any native of Netherlands India who
has entered into a contract of service under the provisions of those
Enactments or to the employers with whom such contract of service
has been entered into.

Chapter II.

INTERPRETATION.

Interpretation. 4. For the purposcs of tMs Enactment unless the context other-

wise requires :

•' Agreement." " Agreement " means a verbal engagement to labour entered into

in accordance with the provisions of this Enactment,

332

LABOUR CODE.

333

" Contract.'

" Contract
labourer."

" Domestic
servant."

Employer.'

" Immigrant
ship."

" Labourer."

" Lines."

" Contract " means a written engagement to labour entered
into in accordance with the provisions of this Enactment.

" Contract labourer " means a person who is legally bound to
labour by virtue of a contract.

" Court " means the Court of a Magistrate of the First Class.

" Domestic servant " includes coachmen, grooms, motor-car
drivers, gardeners, water-carriers, and other house, stable, or garden
servants emploj^ed in, or in connection with, the domestic services
of any public or private dwelling-house or eating-house.

" Employer " includes every person and every body of joersons,
corporate or unincorporate, who or which enters into an agreement
or contract with any labourer as hereinafter defined, and the duly
authorized agent or manager of such person or body of persons.

" Immigrant ship " means a ship carrying immigrants.

" Labourer " includes every Asiatic artificer, miner, servant in
husbandry, and every other Asiatic employed for the purpose of
personally performing any manual labour or of recruiting or super-
vising Asiatics for, or in the performance of, such labour, but does
not include domestic servants.

" Lines " means any building or collection of buildings used or
intended to be used, either temporarily or permanently, for the
housing of labourers employed on an estate.

" Master " means the person for the time being in charge of a
ship.

" Medical Officer " means the Principal Medical Officer, Feder-
ated Malay States, and includes any officer to Avhom the Principal
Medical Officer shall, by writing under his hand, have delegated
the exercise or performance of all or any of the powers or duties
conferred or imposed on a Medical Officer by this Enactment to the
extent of the powers or duties so delegated.

" Place of employment " means any place where work is carried
on by or on behalf of an employer.

" Port Officer " includes the Conservator of a Port or the Harbour
Master.

" Protector " means the Secretary for Chinese Affairs and in-
cludes such other officers as the Chief Secretary to Government
may declare, by notification in the Gazette, to be vested with the
])Owers conferred upon the Protector by this Enactment.

" Resident " means the Resident of the State in which the place
of employment is situated.

" Ship" includes every kind of vessel used for the conveyance of
l)assengers by water whether propelled by oars or otherwise.

5. (i) It shall be lawful for the Chief Secretary to Government controller of
to appoint an officer to be styled the " Controller of Labour," here-
inafter referred to as " the Controller," and also to appoint one or
more officers to be styled " Deputy Controller of Labour," or " As-
sistant Controller of Labour," who, subject to such limitations as
the Chief Secretary to Government may by rule prescribe, may

" Medical
Officer."

" Place of
employment."

" Port Officer.'

" Protector."

Resident."

" Ship."

334

No. 6 OF 1912.

Existing
Enactments
not affected.

Extent of
retrospective
action of
Enactment.

perform all duties imposed and exercise all powers conferred on
the Controller by this Enactment, and every duty so performed
shall be deemed to have been duly performed for the purposes of
this Enactment.

(ii) It shall also be lawful for the Chief Secretary to Government
to appoint such other officers as he may deem necessary for the
purpose of giving effect to the provisions of this Enactment.

6. Nothing in this Enactment shall operate to relieve any em-
ployer of any duty or liability imposed upon him by the provisions
of any other Enactment for the time being in force or to limit any
powers given to any Government officer by any such Enactment.

7. All agreements and contracts valid and in force at the date of
the coming into force of this Enactment shall continue to be in
force after such date, and, subject to the express provisions in
any such agreement or contract contained, the parties thereto shall
be subject to and entitled to the benefit of the provisions of this
Enactment.

PART II.
PROVISIONS RELATING TO IMMIGRATION.

Chapter III.

ARRIVAL, EXAMINATION, AND DETENTION OF
IMMIGRANTS.

Examination
depots.

Detention

depots.

Ports and
places at which
immlt^ants
may land or
enter the
Federated
Malay States.

Penalty and
presumption.

Arrival of shijiS
to be signalled.

8. It shall be lawful for the Chief Secretary to Government

(a) to establish at any port in the Federated Malay States
depots for the examination of immigrants (hereinafter
called examination depots) ;

(h) to establish at any place in the Federated Malay States
depots for the detention of indebted immigrants (here-
inafter called detention depots).

9. (i) No immigrant shall land in or enter the Federated Malay
States except at such ports and places as the Chief Secretary to
Government may, by notification in the Gazeite, prescribe, or at
such ports or places until authorized by the Controller of Labour
or an officer of his department.

(ii) Any master causing or permitting any immigrant to land
contrary to the provisions of sub-section (i) shall be liable to a fine
not exceeding fifty dollars for each immigrant so landing. A master
from whose ship an immigrant shall land contrary to the provisions
of sub-section (i) shall, in the absence of proof to the contrary, be
deemed to have caused or permitted him so to land.

10. Ships having any immigrants on board shall, on arrival
within signalling distance of any port prescribed under the provisions
of the last preceding section, hoist such signals as may be prescribed
by rules under this Enactment.

LABOUR CODE.

335

11. On the arrival of the ship the Port Officer shall give imme- controller
diate notice to the Controller of Labour, or in the case of an immi- nouS^o^arrivai
grant ship arriving at a port in the Federated Malay States on a and go on
voyage from China to the Protector, who shall forthwith proceed

on board.

12. (i) Subject to the provisions of the Customs Regulations Nocommuni-
Enactments, 1907, it shall not be lawful for any person other than shipTiiufter
the Controller of Labour, Medical Officer, Port Officer, the Chief |^„j^|''^^^| t
Police Officer, or any of their subordinate officers, or in the case of by certain
an immigrant ship arriving at a port in the Federated Malay States ° '^"'''

on a voyage from China the Protector, or the owner, agent, or con-
signee of an immigrant ship to communicate with any such ship
on its arrival in port, except for the purpose of landing passengers
or disembarking immigrants under the provisions of this Part
until after the immigrants on board thereof have been disembarked ;
and no immigrant shall disembark or land, or attempt to disembark
or land, from any such ship except as provided by this Part or by
rules made under this Enactment.

(ii) Nothing in this section shall be held to prevent the Consul- Exemption.
General, Consul, Vice-Consul, or Consular Agent of any foreign
Power from boarding any ship of the nationality represented by
him.

(iii) Any person communicating, or attempting to communicate, Penalty.
with any immigrant ship contrary to the provisions of sub-section
(i), and any immigrant disembarking, or attempting to disembark,
contrary to the provisions of this Enactment, and any person
aiding or abetting any immigrant to disembark from any such ship,
contrary to the provisions of this Enactment, shall be liable to a fine
not exceeding five hundred dollars and in default of payment to
imprisonment of either description for a period not exceeding six
months.

13. (i) Any immigrant who refuses or omits to go to a detention immigrants
depot or to an examination depot and there to be examined when to^a depot°of°
required so to do by a duly authorized officer, and any immigrant absconding.
who absconds, or attempts to abscond, from such depot before his
examination is completed, shall be guilty of an offence^and may be
arrested by any police officer or by an officer authorized by the Con-
troller or the Protector and taken to an examination depot or to

the Chinese Protectorate orto a police station and detained there
until he can be brought before the Controller or the Protector.

(ii) Any person who commits, or who abets the commission of, Penalty.
an offence under this section shall be liable, on conviction, to a
penalty not exceeding twenty-five dollars or to imprisonment of
either description for any term not exceeding one month.

14. Any person who shall induce, or attempt to induce, to go to Enticing immi-
any other place other than a depot established under this Enactment, f^^t,^°^

or who shall entice, or attempt to entice, away from a depot any
immigrant who has been lawfully required to go to, or is lawfully
detained in, a depot under this Enactment, shall be liable to a fine
not exceeding fifty dollars or to imprisonment of either description

336

No. 6 OF 1912.

for a term not exceeding seven days for each immigrant in respect
of whom such offence shall have been committed, or attempted to
be committed.

Chapter IV.

SPECIAL PROVISIONS RELATING TO CHINESE
IMMIGRANTS.

Limitation of
application.

Interpretation.
" Advances."

" Clilna."

" China immi-
grant ship."

" Creditor.'

" Immigrant.'

" Indebted
immigrant.'

E.32of 101 1.

" Pas3aj»e
money."

" Passaic
money and
advances."

" Qualifiod

medical

practitioner."

15. The provisions of this Chapter shall only apjily to immigrants
from China and shall, where such provisions are repugnant to the
other provisions of this Enactjncnt, be taken to repeal for the
purpose of carrying into effect this Chapter such other provisions
but except in so far as necessary to give effect to this section the
provisions of this Chapter shall be additional to, and in extension of,
the other provisions of this Enactment.

16. In this Chapter unless the context otherwise requires :

" Advances " includes maintenance and clothes provided and
cash given, whether provided or given in China or on board ship or
in the Colony, and all expenses of bringing an immigrant from China.

"China" includes Hongkong, Macao, and all such territorj^ as
formed part of the Chinese Empire on the 1st day of January, 1841.

" China immigrant ship " means an immigrant ship arriving
at a port in the Federated Malay States on a voyage from China.

" Creditor " means the person to whom an immigrant is found as
hereinafter provided to be indebted for advances and includes a
creditor's agent in the Federated Malay States.

" Immigrant " means a native of China (not being a first or second
class passenger nor the personal servant of such passenger nor a
person on the articles of a ship) travelling by sea to, or who has within
one year arrived by sea at, any port of the Federated Malay States
from China or from a port in the Colony at which he has within the
two months preceding such arrival landed from a vessel arriving at
such port from China.

" Indebted immigrant " means any immigrant who is found as
hereinafter provided to be indebted for passage money and advances,
whether he has before his arrival in the Federated Malay States
entered into a contract or not.

" Passage money " includes the value of a passage supplied free.

" Passage money and advances " includes passage money without
advances and advances without passage money.

" Qualified medical practitioner " means (notwithstanding any-
thing contained in the Medical Registration Enactments, 1907) the
holder of any of the diplomas, degrees, or licenses from time to time
specified by the Chief Secretary to Government as constituting the
qualification of a qualified medical practitioner under this Enact-
ment.

LABOUR CODE.

337

17. On the departure of an immigrant shij^ from China on a direct Departure of
voyage to any port or ports in the Federated Malay States, or from [™bi^otified.'^
Singapore or Penang on a voyage to any port or ports in the Feder-
ated Malay States, the agent or consignee of such ship at any such

port shall forthwith inform the Protector in the State in which
such port lies of the approximate date and, if possible, time of the
arrival of such ship and of the number of immigrants to be landed at
such port : provided that in the case of an immigrant ship departing Proviso.
from Singapore or Penang such agent or consignee need only inform
the Protector of the number of persons travelling on such ship who
are known to the master or to the agent in the Colony of such ship to
be immigrants.

18. The master of every China immigrant ship shall on arrival Duty of master
at any port in the Federated Malay States prevent all immigrants gra^t'ship™n*
from disembarking until such ship has been boarded as provided a"ivai.

by Section 20.

19. Any person who without reasonable excuse omits to comply Penalty.
Avith the provisions of Section 17 or of Section 18 shall be liable, on
conviction, to a fine not exceeding two hundred and fifty dollars.

20. (i) On the arrival of a China immigrant ship at a port in the Boarding of
Federated Malay States she shall as soon as possible be boarded by MasteJto^ve
an officer of the Chinese Protectorate, to whom the master of such information.
ship shall give a list containing the names of all immigrants brought ^' ^^ °^ ^^^*'
by such ship from China and such information relating to the
immigrants, the payment of their passage money, the place of their
embarkation, their state of health during the voyage, the deaths

of or absence of any immigrants who may have been on board at
any time at or after the sliip's departure from her first port of
departure in China on the voyage, and any other matters as he may
reasonably be required to give for the purposes of this Enactment or
of " The Women and Girls' Protection Enactment, 1914."

(ii) The master of a China immigrant ship intentionally omitting Penalty.
to comply with the provisions of sub-section (i) or furnishing as true
any list or information which he knows or has reason to believe to
be false, or refusing to answer such questions as such officer may
reasonably put to him for the purposes of this Enactment, shall be
guilty of an offence under Sections 176, 177, or 179 of the Penal Code,
as the case may be.

21. When any China immigrant ship is boarded on arrival by an ^^^"^J^^ti^^
officer of the Chinese Protectorate such officer may cause all or any dep6t.

of the immigrants on board to be removed to an examination dejDot, e. 32 of 1914.
and any immigrant removed to such depot shall on arrival thereat be
examined by an officer of the Chinese Protectorate as to the pajonent
of his passage money and as to any advances that may have been
received by him and as to any engagement to rejjay such passage
money and advances, or any contract entered into, or proposed to be
entered into, by him, and as to his age and fitness to labour, and as to
any such other matters as may seem necessary for the purposes of
this Enactment or "The Women and Girls' Protection Enactment,
1914."

11—22

338

No. 6 OF 1912.

Powers of
search.

Immigrants not
indebted for
passage money
to be released.

Immigrant
brought to
Federated

Malay States by
fraud.

Immigrant
indebted to
be detained in
depot.

Proviso.

Immiijrant
unfit for labour.

E. 32 of 1914.

22. If the Protector has reason to believe that any immigrant
who has arrived in the Federated Mala}^ States by an immigrant
ship is indebted for passage money and advances and has without
permission from an officer of the Chinese Protectorate entered any
place other than a depot established under Chapter III, it shall be
lawful for the Protector or any officer of the Chinese Protectorate
authorized in writing by him to search any place (including any house
or ship) in which such immigrant as aforesaid is believed to be, and
if he is found to take him forthwith to an examination depot for
examination under the last preceding section. If in the course of
such search any documents relating to the indebtedness of such
immigrant are found by the Protector or such officer he may
seize such documents and retain them in his possession for so long as
they are required for the purpose of any proceeding arising out of
the matter.

23. Every immigrant who uj)on such examination as aforesaid is
found not to be indebted for passage money and advances shall
forthwith be allowed to leave the examination depot.

24. When it appear upon such examination as aforesaid that an
immigrant has been brought to the Federated Malay States by fraud
or by misrepresentation as to work or wages or other matters, the
Protector shall enquire into his case and, if satisfied that he has just
cause of complaint, shall either release him or treat him under Section
26 as an immigrant who has been declared permanently unfit for
labour in the Federated Malay States.

25. Every immigrant found to be indebted for passage money and
advances may be detained in a detention depot until he has made
arrangements satisfactory to the Protector for the payment of his
debt : provided that no immigrant without his consent to be signified
before the Protector shall be so detained at any time after such debt
shall have been paid or for a longer period than ten days except as
provided by Section 33.

26. (i) When upon an examination made under the provisions
of this ChajDter or at any time before he has made arrangements
satisfactory to the Protector for the payment of his debt any
indebted immigrant appears to the Protector to be unfit for labour
owing to disease or from physical or mental debility or defect, or to
be suffering from any complaint, he may be sent to a Government
hospital for medical examination and treatment and shall, except as
provided in sub-section (iii), be detained there at the expense of his
creditor till declared by the Medical Officer in charge of the hospital

(a) to be fit for labour, or to be fit for certain kinds of labour,
or for labour in certain jjlaces, in which case he shall be
handed over to the Protector, or to a person authorized
by the Protector to receive him, and may then be detained
in a depot under the care of the Protector as provided by
this Chapter ; or

{h) to be incurable or permanently unfit for labour in the
Federated Malay States, in which case information shall
be given to the Protector, who may cause such immigrant

LABOUR CODE.

339

at the first opportunity to be sent back at the expense of

his creditor to the place in China from which he was

brought.

(ii) When upon such examination or at any such time as aforesaid,

any indebted immigrant appears to be under the age of sixteen or

over the age of forty-five years he may be sent back at the expense

of his creditor to the place in China from which he was brought.

(iii) Any indebted immigrant who has been sent to a Government
hospital under sub-section (i) may, if or when he be declared by the
Medical Officer in charge of such hospital to be fit to travel, be sent
back, if his creditor so desires, at the expense of his creditor to the
place in China from which he was brought.

27. (i) Any indebted immigrant who refuses or omits to go to a immigrant
hospital or to a detention depot having been ordered to do so under go^to'a^depot or
the i^rovisions of Section 26 and any indebted immigrant leaving or absconding.
attempting to leave such depot without the permission of an officer
authorized by the Protector or such hospital without the permission

of the Medical Officer in charge, shall be guilty of an offence and may
be arrested by any police officer, or by an officer authorized by Arrest.
the Protector, and taken to a detention depot or to the Chinese
Protectorate or to a pohce station and detained there until he
can be brought before the Protector.

(ii) Any person who commits or abets the commission of an Abetment.
offence under this section shall be liable, on conviction, to a penalty
not exceeding twenty-five dollars or to imprisonment of either Penalty.
description for any term not exceeding one month.

28. The Protector may fix from time to time the maximum sum Maximum sums
for which any immigrant from any port in China to any port in the money and
Federated Malay States shall be indebted as for passage money and advances.
advances and such maximum sum shall be notified in the Gazette.

29. Any indebted immigrant who may have been found on
examination to have obtained passage money and advances by a
promise to find on his arrival in the Federated Malay States some
person to repay such passage money and advances and who is unable
to fulfil such promise may, at the discretion of the Protector, be
released or sent back to China at the exjjense and ^\ith the consent
of his creditor.

31. Any indebted immigrant found on examination to have
obtained passage money and advances by a promise to enter into
a contract on arrival in the Federated Malaj' States to labour may,
at the discretion of the Protector,

(a) be sent back to China at the expense of his creditor ; or

(6) be released.

33. (i) Whenever an immigrant is to be sent back to China Return of
at the expense of his creditor under the provisions of this Part or to china.
be sent to hospital under the provisions of Section 26 all arrange- e. 32ofi9i4.
ments shall be made by the Protector, and all necessar}^ expenses of,
and incidental to, sending such immigrant back to China or to

Immii^rant

detained unable

to fulfil promise

to repay passage

money.

B. 32 of 1914.

Sections .TO, 32,
34, and 3.5
repealed by
E. 32 of 19"l4.
Immigrant who
has promised to
enter into
contract.

E. 32 of 1914.

340

No. 6 OF 1912.

Detention.

Cessation of
contracts witli
indebted
immis'rants.

Conditions on
which Chinese
immigrants
may be
imported.

Penalty for

wrongful

importation.

hospital may be recovered from the creditor of such immigrant in
any Civil Court at the suit of the Protector, whose certificate as to
the amount of such expenses shall be sufficient evidence thereof.

(ii) Any such immigrant may pending his departure be detained
at the expense of a creditor in a detention depot.

36. Notwithstanding anything to the contrary contained in this
Enactment every contract entered into by an indebted immigrant
shall terminate on the 30th day of June, 1914, and no contract shall
be entered into by an indebted immigrant after that date.

37. No immigrant shall be imported into the Federated Malay
States on a China immigrant ship except on the f ollov/ing conditions :

(a) The ship in which he is imported if carrying more than
twenty immigrants shall carry during the whole course
of the voyage a qualified medical practitioner who shall
attend to the health of the passengers and the sanitation
of the ship ;

(h) The master of the ship shall on arrival at any port within the
Federated Malay States produce to the Boarding Officer
a certificate from the port of departure signed, if such
port be Hongkong, by the Port Health Officer, or in the
case of any Chinese port, by a qualified person appointed
by the British Consul, stating ;

(1) The voyage the ship was intended to make ;

(2) That at the time of her departure she had the proper

complement of officers and seamen and was
sufficiently equipped for the voyage ;

(3) The number of immigrants on board and that such

immigrants together with the other passengers
on board were not in excess of the number of
passengers which may properly be carried on
board such ship ;

(4) That at the time of her departure there was on

board the ship a good and sufficient supply of
food, pure water, and medicines for the use of the
immigrants during the intended voyage ;

(5) That the acconnuodation and sanitary arrange-

ments for the immigrants during the voyage on
board the ship were satisfactory.

38. (i) Every person who shall import, or attempt to import, any
immigrant contrary to the provisions of Section 37, and every person
who shall aid, abet, procure, or be interested or concerned in or
knowingly derive any profit from the importation, or attempted
importation, of any immigrant contrary to the said provisions shall
be liable to a fine not exceeding one thousand dollars or to imprison-
ment of either description for any period not exceeding twelve
months or to both fine and imprisonment.

(ii) Any ship which shall be used for the importation, or
attempted importation, of any immigrant contrary to the provisions

LABOUR CODE.

341

of Section 37 shall be liable to forfeiture and may be seized and
detained by the Chief Police Officer until adjudicated on according
to law.

(iii) Proceedings to enforce any forfeiture under this section may
be taken in the name of the Chief Secretary to Government.

(iv) At any time after the detention of any ship under sub-section
(ii) it shall be lawful for the Chief Secretar}^ to Government to release
such ship upon such security as he shall think sufficient or without
security.

Chapter V.

SPECIAL PROVISIONS RELATING TO INDIAN
IMMIGRANTS.

39. The provisions of this Chapter shall apply to immigrants from LUnitation of
India only and shall, where such provisions are repugnant to the application.
other provisions of this Enactment, be taken to repeal for the pur-
pose of carrying into effect this Chapter such other provisions, but
except in so far as is necessary to give effect to this section the
provisions of this Chapter shall be additional to, and in extension of,
the other provisions of this Enactment.

Interpretation.
E. 32 of 1914.

" Certificated
immigrant."

Immigrant.'

40. In this Chapter unless the context otherwise requires :

" Certificated immigrant " means an immigrant who holds a certi-
ficate in the Form A in the second schedule or to the like effect,
issued under the authority of the Indian Government or of the
Government of the Colony, or under this Enactment or under any
Enactment hereby repealed.

" Immigrant " means an Asiatic native of British India, and for
the purposes of this Chapter every Asiatic of Indian descent shall
be deemed to be a native of British India until the contrary is
proved.

" Place of employment " means a place where any of such kinds "Place of
of labour or work as are specified in Section 150 or as may hereafter employment."
be declared, under the provisions of the said section, to be subject
to the provisions of Chapter XIII is carried on and on which ten
or more immigrants reside or are employed,

41. Nothing in this Chapter shall apply to

(a) first-class cabin passengers ;

(6) second-class cabin passengers arriving in a ship in respect
of which the Chief Secretary to Government has made
such declaration as next hereinafter mentioned ;

(d) seamen, firemen, and other persons serving onboard a ship.

The Chief Secretary to Government may declare from time to
time, by notification in the Gazette, that the second-class cabin
passengers of certain ships or lines of ships shall be exempted from
the operation of this Chapter.

Exemption.

342

No. 6 OF 1912.

Certificates
issued in India
or the Colony.

In tlie
Federated
Malay States.

Issue of certifi-
cate.

Particulars to
be entered in it.

E.3-Jof I'Jll.

Certificated
immigrant
exempt from
restrictions.

Certificate to be
produced wiien
required.

New certificate.
E. 32 of 1911.

Special classes
may be
exempted.

Kxamination
of immigrants.

Immigrant
unfit to travel

42. Every immigrant holding an unexpired certificate to the effect
indicated in Section 43 issued by the proper authority in British
India or in the Colony shall have all the immunities given in this
Chapter to immigrants holding like certificates issued in the Feder-
ated Malay States.

43. Any immigrant in the Federated Malay States may apply to
the Controller for a certificate declaring that the person named
and described therein is not subject to the provisions of this Part.

44. The Controller shall, if he is of opinion that the applicant
is not a labourer or of a class ordinarily employed in agricultural
work, issue forthwith under his hand and seal free of charge a
certificate in the form or to the effect of Form A in the second
schedule.

45. Every certificate issued under this Chapter shall contain the
names of the holder thereof and of his or her father, and shall
specify his or her place of abode in India, age, sex, religion, caste
(if any), and calling. A general description of the holder of such
certificate and of any marks on the jjortions of the body ordinarily
unclothed by which he or she may be more certainly known shall
also be written therein. The certificate shall be dated on the day
of its issue and shall have force until it be revoked by the Controller.

46. A certificated immigrant shall, upon production of his certi-
ficate be wholly exempted from every restriction imposed upon
immigrants by this Part.

47. Every certificated immigrant shall be bound to produce his
certificate when required to do so by a Magistrate or police officer
or by an officer of the Controller's Department or by the master
or officer of a ship in which such certificated immigrant is, or pro-
poses to be, a passenger ; and if he shall refuse or fail to do so when
so required he may be treated in all respects as an uncertificated
immigrant until such time as he shall produce such certificate.

48. A certificated immigrant whose certificate not having been
revoked has been lost or destroyed may apply to the Controller for
a fresh certificate, and the same shall bo issued accordingly : pro-
vided that it shall be lawful for the Controller to require satisfactory
evidence of such loss or destruction before issuing a new certificate.

49. The Chief Scci'otary to Governinent may from time to time
with the consent of the Government of India, transmitted through
the Government of the Straits Settlements, declare that any class
of immigrants is not a labouring class and that any person belonging
thereto is entitled to a certificate without enquiry ; or that any
class of immigrants is a labouring class and that persons belonging
thereto are not entitled to certificates.

50. (i) (a) All immigrants on arrival at the port of disembark-
ation shall be examined by a Government Medical Officer ;

(b) Any immigrant found on such examination to be unfit to
travel may be sent forthwith to a Government hospital
and there detained until he is pronounced by the Medical
Officer in charge of such hospital to bo either fit to travel
or to be incurable or permanently unfit to labour ;

LABOUE CODE. 343

this section is found to be fit to travel the Controller may,
if the employer for whom such immigrant was recruited
so desires, send him back to the place in India where he was
recruited ;

(d) When an immigrant sent to a Government hospital under or incurable.

this section is found to be incurable or permanently unfit
to labour the Controller may send him back to the place in
India where he was recruited and may detain him so long
as may be necessary for that purpose.

(ii) All expenses of the maintenance and the treatment in hospital Hospital and
of any immigrant sent to a Government hospital under this section, e^^e^ns^f
and all expenses of sending back under this section any immigrant
found to be fit to travel or to be incurable or permanently unfit to •
labour to the place where he was recruited, may be recovered by
the Controller from the employer for whom such immigrant was
recruited or from the agent by whom such immigrant was imported.

(iii) The Chief Secretary to Government may make rules for the power to
examination of immigrants by Medical Officers under this section make rules.
and prescribe the fees to be charged for the maintenance and treat-
ment of immigrants in a Government hospital.

****** Section 51

repealed by

52. It shall be lawful for the Chief Secretary to Government to e. 32 of 1914.
appoint an Emigration Agent or Agents to reside at any place in ^sent m India.
India from which emigrants depart from India to the Federated

Malay States.

53. (i) Any immigrant who has received a free passage from Detention at a
India under a promise to labour in the Colony of the Straits '^^p^^^-
Settlements or in a country or State to which Indian emigration is ' " °
authorized by the Governor of the Straits Settlements, with the
consent of the Government of India, or in the Federated Malay

States or in Johore may be detained in a depot until he can be
forwarded to his destination.

(ii) Except as provided in Section 56 no immigrant shall be
detained in a depot against his mil for more than one Aveek.

54. Any immigrant who has received a free passage from India penalty for
under a promise to labour in the Colony of the Straits Settlements cee"toTumT
or in a country or State to which Indian emigration is authorized by promise to
the Governor of the Straits Settlements, with the consent of the
Government of India, or in Johore. and who neglects or refuses
to leave the Federated Malay States in pursuance of his promise
shall be guilty of an offence and shall be liajble, on conviction, to a
fine not exceeding fifty dollars or to imprisonment of either descrip-
tion for a term not exceeding three months : provided that if such proviso.
immigrant shall pay to the Controller the sum of fifty dollars or
such other sum as the Chief Secretary to Government shall from
time to time fix, by notification in the Gazette, he shall not be liable
to be prosecuted under this section. Any such sum so received
by the Controller or such part thereof as the Controller may think
fit shall be paid by him as to one-half thereof to the emploj-er and
as to one-half thereof to the Indian Immigration Fund.

344

No. 6 OF 1912.

Penrtlty for
failure to pro-
ceed to place of
employment.

lledemptiou of
female immi-
grant.

E. 32 of 1914.

Security.

Immigrant not
to leave the
Federated
Malay States.

To what
countries or
States Indian
emigration
lawful.

Penalty for
unlawful depar-
ture from
Federated
Malay States or
abetment
thereof.

55. Any immigrant who has received a free passage from India
under a promise to labour in the Federated Malay States, and who
neglects or refuses to proceed to his place of employment in pur-
suance of his promise shall be guilty of an offence and shall be liable,
on conviction, to a fine not exceeding fifty dollars or to imprison-
ment of either description for a term not exceeding three months :
provided that if such immigrant shall pay to the Controller the sum
of fifty dollars or such other sum as the Chief Secretary to Govern-
ment shall from time to time fix, by notification in the Gazette,
he shall not be liable to be prosecuted under this section. Any such
sum so received by the Controller or such part thereof as the Con-
troller may think fit shall be paid by him as to one-half thereof to
the employer and as to one-half thereof to the Indian Immigration
Fund.

56. Whenever it appears to the Controller that any female
immigrant tendering the sum of fifty dollars or other prescribed
sum in redemption of her obligation to labour in the Colony of
the Straits Settlements or in a country or State to which Indian
emigration is authorized as aforesaid, or in the Federated Malay
States or in Johore, is in the custody or control of any other person,
he may refuse to accept such sum and to permit such obligation to
be redeemed unless and until the person in Avhose custody or control
such female immigrant appears to be has given reasonable security
to the satisfaction of the Controller that such female immigrant shall
not leave the Federated Malay States without the previous consent
in writing of the Controller and shall not be disposed of as a prosti-
tute or for immoral purposes and that she shall be produced before
the Controller whenever he so requires. In default of such security
being given within seven days the Controller at his discretion may
cause such female immigrant to be returned to India and for that
purpose may cause her to be detained for any further period not
exceeding twenty-one days.

57. No immigrant shall depart from the Federated Malay States
except to go

(a) to a country or State to which Indian emigration is authorized
by the Governor of the Straits Settlements, with the
consent of the Government of India ; or

(/>) to British India or Ceylon ; or

58. The Chief Secretary to Government may from time to time
declare, by notification in the Gazette, to what countries or States
Indian emigration is authorized by the Governor of the Straits
Settlements, with the consent of the Government of India.

59. Any immigrant unlawfully departing or attempting to depart
from the Federated Malay States in breach of the provisions of
Section 57, or making any false representation to the Controller
for the purpose of obtaining any certificate under this Chapter,
shall be guilty of an ofi^ence and shall be liable to a fine not exceed-
ing twenty dollars, and may be arrested without warrant by any
police officer or officer of the department of the Controller ; and
any person abetting an offence under this section shall be liable to

LABOUR CODE. 345

a fine not exceeding fifty dollars or to imprisonment of either
description for a term not exceeding seven days for each immigrant
whose offence he has abetted. The master of a ship in which an
immigrant shall embark in order to depart unlawfully from the
Federated Malay States shall, until the contrary be proved, be
deemed to have abetted such offence.

60. In every judicial proceeding a certificate in Form B in the Evidence of
second schedule purporting to be signed by an Emigration Agent of enter'fnto*
the Government of the Colony or of the Federated Malay tStates (contract.

in India at the port of embarkation shall be deemed to be evidence ^- ^^ of lou.
that the persons named therein have respectively received a free
passage from India under a promise to labour in the Colony of the
Straits Settlements or in some country or State to which Indian
emigration is authorized by the Governor of the Straits Settlements,
^\ ith the consent of the Government of India, or in the Federated
Malaj^ States or in Johore, as the case may be.

61. No immigrant shall enter into any written contract to serve as Prohibition of
a labourer; any stick contract entered into in contravention of this 'contracts.
section shall he void and of no effect. b. 32 of ion.

" ****** Sections (!2, 63,

66. (i) Every employer who within the Colony, the Federated peaieciby^
Malay States, or any other State of the Malay Peninsula under the ^' ^-°^i''^*-
protection of His Britannic Majesty engages an immigrant to labour immLrates" °^
on a place of employment at any of the employments mentioned in 'o'^aiiy engaged.
Section 150, or at any other work or labour declared under the
provisions of the said section to be subject to the provisions of

Chapter XIII, shall ascertain the name and the particulars of the
last employment of such labourer, and shall within seven days
present or forward to the Controller, a statement in duplicate in
the form provided by the third schedule together with a fee of one
dollar in respect of each labourer 7iamed in such statement which b. 22 of luis.
shall be paid to the Indian Immigration Fund. A register of such
statements shall be compiled by the Controller, and such register
and statements shall be ojDen to inspection at the office of the Con-
troller by any person at all reasonable times.

(ii) Any employer engaging a labourer in contravention of the penalties.
provisions of sub-section (i) shall on the complaint of any other
•employer be liable, on conviction, to a fine not exceeding one
hundred dollars in respect of every labourer so engaged by him.

(iii) Any employer knowingly furnishing any false particulars in
a statement required by sub-section (i) shall be liable, on conviction,
to a fine not exceeding five hundred dollars in respect of each \

labourer regarding whom he shall be proved to have furnished '
such false particulars.

(iv) Any labourer furnishing false particulars to an employer
for the purposes of a statement required by sub-section (i) shall be
liable, on conviction, to a fine not exceeding fifty dollars or to
imiDrisonment for a term not exceeding three months.

67. The officer from time to time deputed, with, the concurrence inspector of
of the Governor of the Straits Settlements, b}^ the Government of Qo*ver*nment to
Madras to examine and report to that Government the condition have powers of
of immigrants in the Federated Malay States may exercise under *°^^^° '°"' ^ °'

346

No. 6 OF 1912.

this Enactment all or any of the powers of entry, inspection, en-
quiry, and investigation which are conferred on the Controller by
this Enactment.

Term ot
agreement.

E. 27 of 1913
and E. 32 of
1911.

Proviso.

Presumption.

Termination of
a^eement by
notice.

E. 32 of 1914.

Method of
giving notice.

Wa!»es when
payable.

E. 27 of 1913.

PART III.

GENERAL PROVISIONS RELATING TO LABOUR.

Chapter VI.

AGREEMENTS.

68. (i) An agreement may be entered into for any period not
exceeding one month, or for any number of days' work not exceed-
ing thirty, or for the performance of any specified piece of work.
All agreements shall, subject to any stipulation to the contrary,
terminate on the last day of the term agreed upon or upon the
completion of the specified number of days' work or piece of work,
as the case may be : provided that each party to an agreement for a
period not exceeding one month shall on the termination of such agree-
ment in the m,anner aforesaid be conclusively presumed to have entered
into a fresh agreement upon the same terms and conditions as those
of the agreement so terminated unless notice shall have been given
previously by either party to such agreement in accordance with the
provisions of Section 69.

(ii) In the absence of proof to the contrary all agreements shall
be presumed to be for a period of one month.

69. (i) Either party to an agreement for a period of time may
terminate such agreement on the expiration of due notice given by
him to the other party of his intention so to do ; the length of the
notice to be given shall, unless otherwise stipulated by the terms
of the agreement, be equal to the period of the agreement to be
terminated ; provided that in no case shall it be necessarj^ to give
notice exceeding in length one month or in the case of domestic
servants fourteen days.

(ii) Such notice may be either verbal or written and may be
given at any time, and the day on which notice is given shall be
included in the period of the notice,

(iii) When notice has been given there shall be paid to the
labourer on the date of the expiration of the notice all wages then
due to him.

70. Wages earned by a labourer under an agreement shall become
payable upon the termination of such agreement : provided that
when the parties to an agreement enter into a fresh agreement as
provided by Section 68 the wages due under the prior agreement
shall be paid not later than

{a) in the case of labourers being Muhammadans the second

Thursday, and
(6) in the case of labourers not being Mudammadans the second

Saturday

LABOUR CODE. 347

after the expiration of such prior agreement ; nothing in this jjroviso
applies to the Government.

71. It shall be lawful for either party to an agreement to ter- Terininatiou of
minate the same without notice upon payment to the other party wfthout'notice
of a sum equal to the amount of wages which would have accrued

to the labourer during the term of such notice.

72. When an agreement is terminated by the employer without wages payable
notice to the labourer, on the ground of misconduct, such labourer tenSnation of
shall, subject to any order which may be made by the Court on an agreement
complaint of either party, be entitled to receive wages only up to

the day on which the agreement was terminated.

73. In the event of any dispute arising between the parties to an Disputes
agreement concerning wages due thereunder, or concerning the ^f^^""^'
termination of the same, it shall be lawful for the Court, in addition order of court.
to any other adjudication, to order either party to forfeit to the

other party a sum not exceeding the amount of thirty days' wages.

CHAPTER VII.
CONTRACTS.

74. No engagement to labour for a period exceeding one month, Contract to be
or for more than thirty days' work, shall be valid unless it be in ^°^i*"^=-
writing and be made in the manner hereinafter prescribed.

74a. No Chinese shall after the 1st day of January, 1915, enter Prohibition of
into any written contract to serve as a labourer ; any such contract cto'S'ef ^^
entered into in contravention of this section shall be void and of e. 32 of 1914.
no effect.

75. (i) Every contract to labour shall except where herein other- Contracts.
wise expressly provided e. 32ofi9ii.

(a) be to labour for a certain number of days which shall not Term.
exceed three hundred ;

(6) be in a form approved by the Chief Secretary to Govern- Form.
ment for any class or description of labourers with such
additions and alterations as the Controller may allow ;

and to the employer by the Controller or by a duly authorized
officer of his department ; provided that the Controller
or such officer may, at his discretion, dispense Avith any
explanation or interpretation to an employer who signs
his name in European characters ;

(d) be signed in the presence of the Controller or such officer signature.

by the labourer and by the employer or his duly consti-
tuted attorney, or by such other agent as the Controller
or such officer may permit : provided that an employer
signing in European characters whose signature is known
to the Controller or such officer need not sign in his
presence ;

348

No. 6 OF 1912.

Certificate of
oflScer.

Stamp duty.

Duplicate to
be given to
immigrant.

Section 70
repealed by
E. 12 of 1913.

Eedemption of
contract.

Employer to
furnish account.

Value of

unexpired

portion.

Variation of
rates.

Female
labourers.

(e) bear the certificate of the Controller or such officer that
the contract has been explained and (if it has been inter-
preted) interjjreted to the labourer or to the parties, as
the case may be, and that such officer is satisfied that
the terms thereof are understood by the parties,
(ii) Every contract shall be chargeable with such stamp duty as
may be fixed by the Chief Secretary to Government bj^ rules made
under this Enactment.

(iii) A duplicate or translation of every contract shall be signed
by the employer and shall be delivered to every labourer who is
a party thereto.

^ :): ^ sN % 4:

77. (i) If any labourer whose contract is for a definite term shall
be able and desirous to redeem the unexpired portion of his contract,
he may request his employer to take him or allow him to go before
the Controller who, upon receiving a sum equal to the value of the
unexpired portion of his contract, together with any sum which
may have been expended by his emjjloyer in respect of passage
money for him and any adult dependent upon him and cash advances
paid to such labourer, shall forthwith give notice of such receipt to
the employer of such labourer and, unless such employer shall
within one week from the date of such notice satisfy the Controller
that there is some sufficient reason why such labourer should not
be allowed to redeem such portion as aforesaid, the contract shall
determine as from the date of such receipt. The Controller shall
endorse a memorandum of such determination on the contract,
which shall be given up to him for that purpose, and shall pay the
amount so received by him as aforesaid to the employer.

(ii) Every employer shall be bound within a reasonable time
after request by a labourer to furnish him with an account shewing
what moneys (if any) are due by such labourer to the employer for
advances.

(iii) The value of the unexpired portion of a contract under this
Enactment shall be calculated in the following manner :

The number of days' work which the labourer has done will be
deducted from the number of days' work which are required by
the contract, and the remainder shall be deemed to be the unexpired
portion of the contract and shall be valued at the rate of two
dollars for every thirty of such days or fractional part thereof.

Provided —

(a) That the value of the unexpired portion of the contract

shall not be less than ten dollars, in cases when such
value calculated as above would be less than ten dollars ;

(b) That it shall be lawful for the Chief Secretary to Government

from time to time, by notification in the Gazette, to vary
the conditions upon which any class of labourers may
redeem the unexpired portion of their contracts.

labourer tendering the required sum in redemption of
the unexpired portion of her contract is in the custody
or control of any other person he may refuse to accept

LABOUR CODE. 349

such sum or to permit such unexpired portion to be
redeemed unless and until the person in whose custody
or control such female labourer appears to be has given
reasonable security to the satisfaction of the Controller
that such female labourer shall not leave the Federated
Malay States without the jjrevious consent in Amting of
the Controller and shall not be disposed of as a prostitute
or for immoral purposes and that she shall be produced
before the Controller whenever he so requires.

(iv) Any employer who omits to comply with such request as is Penalty for
mentioned in sub-section (i) or to furnish the account required by w'iui^sectionf*^^
sub-section (ii) shall, in the absence of proof that such omission was
accidental, be Hable to a fine not exceeding two hundred dollars
and to an additional fine not exceeding fifty dollars for each day
during which such omission is continued.

78. A contract maj^ be determined

(a) by the Court or the Controller on proof that either party Termination of
has failed to carry out any material obligation imposed *^*^" ^^''' ^'
upon him, either by his contract or by this Enactment,
or upon proof that either party has become permanently
incapacitated from fulfilling his contract, or that the
labourer has been grossly neglected or ill-used by the
employer ;

(6) with the approval of the Controller by mutual consent :

Provided that such determination shall not operate to relieve the Proviso.
employer from any habihty under this Enactment for the space of
three months from the date of the determination of the contract.
Every such consent and approval shall be endorsed on the contract
by the person giving such consent or approval.

79. If any employer or any person placed by the employer in cancellation of
authority over or in charge of any labourer who has entered into court^ ^

a contract to labour for the employer is con\'icted before any
Court of any offence against the person or property of such labourer,
or if a Magistrate shall on the report of the Controller and after
due enquiry upon oath in the presence of the parties find that
any such labourer has been compelled to perform any work which
he was unfit for or has been subjected to ill-usage by such emploj'er
or other person as aforesaid, the Court may cancel the contract of
such labourer and award him reasonable compensation and shall
certify such cancellation to the Controller.

80. (i) Whenever any contract labourer shall have actually contract may
suffered imprisonment, amounting in the whole to six months, for re^peated'dese"-'^
desertion from his employer's service, the Controller shall at the tions at request
written request of the employer cancel the contract of such contract
labourer.

(ii) Every such cancellation shall be certified by the Controller Effect of
on the back of the contract, and such contract labourer shall be <=*°'=^"**'°°-
liable to work during the remainder of the term of the cancelled
contract on such public works as the Resident of any State may
direct at the same rate of wages as named in such contract.

350

No. 6 OF 1912.

Transfer of
contracts
by consent.

Controller may

transfer

contracts.

Completion ot
contract.

Contract may
be extended if
advances are
not repaid.

Proviso.

Wases wlien
payable.

E.27of 1U13.

No wages for
days of nef?lect
or absence.

(iii) If the services of any such labourer shall not be required by
the Government, the Controller .shall take such steps as may be
proper, subject to the provisions of this Part, for securing employ-
ment for such labourer if applied to by him for that purpose.

81. Any contract under this Enactment may, with the consent
of the labourer and the approval of the Controller, be transferred
by the employer to any other employer or to any other place in
the Colony or the Federated Malay States or Johore. A note of
such transfer shall be endorsed upon the contract by the Controller.

82. Whenever any contract labourer shall have been twice
convicted of offences under this Enactment the Controller, on the
application of the employer or of his own accord, may in his abso-
lute discretion transfer the contract of such contract labourer to
some other employer willing to accejit the same upon such terms
and conditions between the old and new employers as shall appear
to him reasonable.

83. Every contract labourer who has completed his contract
shall be entitled to appear forthwith before the Controller, in order
that the completion of the contract may be registered.

84. If a contract labourer is bound by the terms of his contract
to repay to his employer the amount of any siDecified advances
made to him, or on his behalf, previous to or at the time of his
executing such contract, and if on the completion of the term of
such contract the balance of wages due to such labourer, after
deducting all sums authorized by this Enactment to be deducted
and all sums ordered by any Court or by the Controller to be paid
by the labourer, shall be insufficient to repay such advances, then
the period of time or the number of days' work for which such
contract was made shall be deemed to be extended, and the contract
shall remain in force and of full effect until the whole of such
advances shall have been repaid : provided that no such contract
shall under any circumstances be extended so as to have effect
after the expiration of two years from the date thereof.

85. (i) The wages of a contract labourer shall, unless it be other-
wise stipulated in his contract, be paid not later than

(a) in the case of labourers being Muhammadans the second
Thursday, and

(6) in the case of labourers not being Muhammadans the second
Saturday

of each month in respect of the month or portion of a month last
preceding ; nothing in this sub-section applies to the Government.

(ii) On the termination of a contract all wages due thereunder
shall immediately become payable.

86. Ill cases of neglect to labour and unlawful absence no day
on (jr (lining which such neglect or absence takes place shall be
reckoned as a day on which a day's work has been performed and
no wages shall be payable in respect of such day.

LABOUR CODE.

351

87. It shall be lawful for a contract labourer, whose contract is Houaays.
for a period of time, to absent himself from work, without anj^ e. 32on9i4.
deduction from his wages, for not more than two days in each
month, and also upon those daj's customarily observed as holidays

by persons of his race and religion working in the Federated Malay
States : provided that the total number of days of such absence proviso,
shall not exceed five days in any one month except \nth the consent
of the employer.

88. In the event of any disjjute arising between the parties to a Disputes
contract concerning wages due thereunder, or concerning the ter-
mination of the same, it shall be lawful for the Court, in addition
to any other adjudication, to order either party to forfeit to the
other party a sum not exceeding the amount of thirty daj^s'
wages.

concerning
waijes.

89. (i) If the absence from work of a contract labourer for any when the

result of
immorality.

period is certified b}^ a Medical Officer to be the direct result of the ''^'^^t°^
labourer's intemperance, immoralit}', or ^nlful misconduct, a Magis-
trate or the Controller may endorse on the contract of such labourer,
after such enquiry as may be necessary, the period of such absence.

^ (ii) It shall be lawful for the employer to deduct from the wages Payment oi
of the labourer the amount of any hospital fees paid by the employer ^°^P'**' ^*'^-
in respect of the period of absence so certified.

90. (i) If any labourer under a contract for a period of time shall, Absence with-
during the continuance of such contract, have been imprisoned or °mprS>mnent
shall have absented himself vvithout leave, such period of imprison- not to be
ment or absence shaU be endorsed on the contract by the Court and service.
shall not be deemed to be part of the period of his service, and he shall

be compellable, at the option of his employer, to serve for the full
period for which he has contracted to serve, and until such extended
service be completed he shall be subject to the provisions of this
Enactment.

(ii) The period of every such imprisonment or absence without Endorsement
leave shall be endorsed on the contract by the Court before whom «£ contract.
the labourer maj^ be sentenced to imprisonment or j^roved to have
been absent without leave, or by any other Court before whom the
fact and duration of imprisonment or absence without leave may be
proved, and such period may include the whole or any portion of the
time during which the labourer is detained in a lock-up, as the Court
may direct.

91. On the application of the employer, or of any person author Release of im-
ized to act for the employer, of any contract labourer imprisoned for tract'}|^oM"er
any offence under this Enactment, the Court or Controller may at on application
any time previous to the expiration of such imprisonment, if he see ° ^™^ °^^^'
good cause, order such contract labourer to be released and given

up to his employer, and in that case the Court or Controller shall
endorse on the contract a memorandum signed b}' him of such order,
and any Court signing such memorandum shall send a copy thereof to
the Controller.

352

No. 6 OF 1912.

Disposal of
contract
labourer after
release.

Conviction to be
endorsed on
contract.

Endorsement of
forfeiture.

Photographing
contract
labourers and
employers.

92. On the determination of any imprisonment to which a
contract labourer may have been sentenced it shall be the duty of the
officer in charge of the prison to make him over to any person
aj)pointed by his employer to receive charge of him or, on the request
and at the expense of the employer, to return him to the place of
employment under charge of the police.

93. Whenever a contract labourer is convicted of any offence the
Court before which such conviction is had shall endorse on the
contract a memorandum of the conviction, and any Court endorsing
such memorandum shall send to the Controller a copy thereof.

94. Whenever a contract labourer is ordered by the Court, or by
the Controller, to forfeit any moneys to his employer, the Court or
the Controller shall endorse upon the contract a memorandum of
such order.

95. (i) On the application of any employer to the Controller that
a contract labourer may be photographed for future identification
it shall be lawful for the Controller to direct that such contract
labourer and, if it shall appear necessary to him, such employer be
photographed at such time and in such place and manner as the
Controller may think fit, and the photograph of any such contract
labourer or employer shall be endorsed with the signature and seal
of the Controller before return to the employer, and one copy of such
photograph shall be filed in the office of the Controller.

(ii) Any expenses incurred under sub-section (i) shall be borne by
the employer.

Chapter VIII.
GENERAL.

Contractual
ase.

Labourer not
liable for de-
fault of anotlier.

Liability of
labourer for
advances.

E. 32 of 1914.

Days and hours
of labour.

96. Except where otherwise expressly provided no male person
under the age of sixteen years and no female person under the age
of fifteen years shall be deemed to be competent to enter into an
agreement or contract under this Enactment.

97. No labourer shall be bound, in or by virtue of any agreement
or contract made under this Enactment, to answer for the debt
default, or miscarriage of another person, so as to give any remedy
under this Enactment for a breach of such agreement or contract as
to such debt, default, or miscarriage.

98. No labourer shall be held to be liable for the amount of any
advances made to him or on his behalf, or of any moneys expended
on his behalf, prior to his arrival in the Federated Malay States, in
consideration of his engagement to labour within the Federated
Malay States.

99. Subject to any provisions to the contrary contained in his
contract, if any :

(i) No labourer shall be bound to work on more than six days in
one week, or more than six consecutive hours, or (subject as herein-
after mentioned) more than nine hours a day of actual labour.

LABOUR CODE. 353

(ii) If any labourer works for and at the request of his employer overtime.
more than nine hours in any one day, he shall be paid for such extra
work at the rate of not less than one-eighteenth part of his ordinary
daily wages for each half hour of overtime work.

(iii) It shall at all times be lawful for the employer to require Cleaning up.
from a labourer over and above the work which he is bound to
perform as aforesaid any reasonable and customary labour for

{a) the care of animals ;

(6) the cleaning of machinery ;

(d) the observance of sanitary regulations.

(iv) Any labourer who is employed exclusively in factory work overtime in
may be lawfully required by the employer, in case of need, to work "^^^^ ^^"^^"^
for any time not exceeding three hours in any one day over and above
the nine hours hereinbefore mentioned, and shall be entitled to
receive for such extra work pay at the rate of not less than one-
eighteenth part of his ordinary daily wages for each half hour of
overtime work.

(v) A7iy labourer may he lawfully required by the employer to work overtime for
at the cultivation of foodstuffs suitable for the subsistence of labourers cuiuvation.°°'
for any time not exceeding three hours in any one day over and above the ^ ^. ^^ ^^^^
nine hours herei?ibefore mentioned, or over and above his task for the
day assigned under Section 100, and shall he entitled to receive for such
extra work pay at the rate of not less than one-eighteenth part of his
ordinary daily wages for each half hour of overtime ivork,

100. (i) It shall be lawful for the employer to assign tasks to be Task work,
performed by labourers as equivalent to work for a day of nine
hours. Such assignment of tasks shall be subject to revision by the
Controller who may fix the number of days' work to be credited to
the labourers who have jjcrformed such tasks. A schedule of such
tasks as revised by the Controller shall be written in English and
some other language understood by such labourers and signed by the
Controller, and copies thereof shall be kept fixed up in conspicuous
places in or about the place of employment and in the lines, so that
the same may be made known to such labourers.

(ii) After performing his task for the day the labourer shall be at Double task
liberty, if he pleases, to commence and carry on a fresh task.

(iii) The employer may, whenever he thinks fit, direct the labourer compulsory
to perform a task instead of working by the day, and the performance
of such task shall, for the purposes of this Enactment or of any
contract thereunder, be equivalent to working for a day, but so that
no labourer shall be compelled to work for more than nine hours in
any one da3^

(iv) Nothing in this Enactment contained shall prevent any wages at agreed
emplo3'er from agreeing with anj^ labourer in his employ that the
wages of such labourer shall be paid at an agreed rate in accordance
with the amount of work done and not by the day.

11—23

354

No. 6 OF 1912.

Periods on
account of
which wages
are not
payable.

Dispute as to
work done.

Supply of food.

Employer may
deduct cost of
food.

Sections 105
and 106 repealed
byE..S2of 1914.
Government
inspections.

Powers of an

inspecting

officer.

Inspection of
documents.

101. No wages shall become payable to or recoverable by any
labourer for or on account of the term of any sentence of imprison-
ment undergone by him, or for or on account of any period spent by
him in going to or returning from prison, or for or on account of any
period spent by him in going to, attendmg before, or returning from
a Court in or about a case in which he shall have been convicted of
an offence, or in respect of which the Court before which the case is
tried certifies that such attendance was not necessary for the ends of
public justice.

102. Any dispute between a labourer and his employer as to
whether the Avork done by such labourer on any specified day shall be
counted as a day's work may be referred to the Controller whose
decision shall be final.

103. Every employer, who has agreed or contracted with a
labourer to supply him with food free of charge, shall supply the
same on all holidays and other days upon which such labourer is
entitled to absent himself from work.

104. If any labourer absent himself from work otherwise than as
provided by this Enactment or by his contract (if any), it shall be
lawful for the employer, subject to any order which may be made
by the Court or by the Controller on complaint of either party, to
deduct from any wages due to such labourer the cost of the food
supplied to him during such absence.

107. (i) The Controller, the District Officer and Medical Officer
shall have power to enter at all reasonable times upon any estate,
factory, mine, or place in which labourers are employed, and to put
questions concerning such labourers to their employer or to any
person who may be in charge of them, or to the labourers themselves,
and the employer of such person, or any such labourer, shall be
legally bound to answer such questions truly to the best of his ability.

(ii) If on such inspection the Controller or other insj)ecting officer
shall have reasonable ground for suspecting that any offence has
been committed against a labourer, and whenever any complaint of
personal ill-usage or breach of any of the j)rovisions of this Enact-
ment is made to the Controller, the Controller or other inspecting
officer, as the case may be, may forthwith remove, or cause to be
removed, such labourer from the estate, factory, mine, or place of
employment where he is employed for further enquiry into the
matter ; and if the labourer has entered into a contract with the
employer may, at his discretion, cause such labourer to be detained,
if necessary, until the conclusion of such enquiry, at the nearest
police station or at any other place that may a])])oar to sucli officer
suitable for the purpose. ^

108. The Controller and every such District Olficer and Medical
Officer shall have power to call for and inspect all contracts, registers,
books of account, and other documents concerning any labourers or
relating to their employment ; and any cm])loyer who Avithout
reasonable excu.sc, the proof of which shall lie upon him, neglects or
refuses to produce the same, shall be liable, on conviction, to a fine
not exceeding two hundred dollars.

LABOUR CODE.

355

Inspection of
labouiers to
be made by the
Controller.

Registers of
mandors.

109. (i) Every employer of more than ten labourers shall keep in inspection

a safe and accessible position on the estate where such labourers are ^^'P"'"* ^°'^^-
employed an Estate Inspection Report Book.

(ii) Every employer who neglects or refuses to comply with the Penalty.
requirements of sub-section (i) shall be liable, on conviction, to a
fine not exceeding one hundred dollars.

110. The Controller accompanied by a Medical Officer, unless he
bo himself a Medical Officer, shall once within each of such periods as
may be fixed for such purpose by the Chief Secretary to Government
and may, in addition, whenever he tliinks fit, whether accompanied
by a Medical Officer or not, visit all places of employment on which
any labourers shall reside or be employed and inspect every house,
hospital, tent, camp, or building in any way used, by any labourers
and enquire into the condition of such labourers and investigate the
books of account of their wages ; and for such purpose the Controller
may require the employer to produce before him all or any of the
labourers then under contract or agreement with him, together v/ith
all contracts and books of accounts of wages, and to answer such
questions relating thereto as the Controller may think proper to ask.

111. (i) It shall be lawful for the Controller at any time to direct
any employer of labourers to keep a register, in such form as the
Controller prescribes, of all headmen, kanganis, or mandors employed
by him to supervise the work of any labourers, and to direct that
such headmen, kanganis, or mandors shall be photographed in such
place and mamier as he thinks fit, and that a copy of any such
photograph be affixed to such register, and it shall be lawful for the
Controller, in the event of any such headman, kangani, or mandor
being convicted of ill-treating any labourer, to order the employer
to dismiss him from his service.

(ii) Any person acting in contravention of any direction or order
given under the provisions of sub-section (i) shall be liable, on
conviction, to a fine not exceeding fifty dollars or to imprisonment of
either description for any term not exceeding three months.

112. It shall be lawful for the Controller to require any employer
to keep a register of labourers in a prescribed form.

113. (i) Every employer shall, within the first fourteen days of
the months of January, April, July, and October in each year,
forward to the Controller a return in such form or forms as may be
approved by the Controller. gi\'ing the particulars prescribed thereby,

(ii) Every such form shall be published in the Gazette. Copies of
such forms shall be supplied to employers free of charge on applica-
tion to the Controller.

114. It shall be the duty of every employer to make a report of tlie Report in cases
death of any labourer in his employment to the nearest police station,

or to the Penghulu, within twenty-four hours after such death shall
have taken place.

115. (i) Every employer who shall fail to keep the register Penalty for
prescribed in pursuance of Section 112 or to forward such returns as regSter ° ""^^^
are prescribed in pursuance of Section 113 or to make the report forward'retums,

•11 n.-iijiiiii-ii .. r. or make report

required by Section 114 shall be liable, on conviction, to a fine not of death.
exceeding two hundred dollars for every such failure.

Penaltv.

Returns to be
made by
employer.

356

No. 6 OF 1912.

Certificate by
Controller.

Power of
summons.

Penalty for
obstruction.

Employer to
<;ive notice to
Controller if
immigrant
wishes to
complain.

If complaint
is untrue or
frivolous.

If complaint
well-founded.

Consolidafon
of causes of
act-on.

E. 2 of 1918.

(ii) A certificate under the hand of the Controller stating that such
returns have not been forwarded or are incorrect shall be sufficient
primd facie evidence of the truth of the facts stated in such certificate.

116. (i) Whenever the Controller has reasonable grounds for
suspicion that any offence under this Enactment has been com-
mitted by an employer against a labourer or by a labourer against an
employer, or whenever the Controller wishes to enquire into any
matter concerning disj^utes as to wages, desertions, malingering,
misconduct, food, medical attendance, deaths, mining usage and
mining complaints. Government inspections, crimping, sanitation, or
any other matter relating to employer and labourer dealt with under
the provisions of this Enactment, it shall be lawful for the Controller
to summon any person who he has reason to believe can give informa-
tion resjjecting the subject matter of the enquiry, and the person so
summoned shall be legally bound to attend at the time and place
specified in the summons and to answer truthfully all questions which
the Controller may put to him.

(ii) Any person who in any way wilfully obstructs the service of
or obedience to such summons, and any person summoned who
neglects to attend as required in such summons, and any person
who commits in respect of any such complaint or enquiry any
offence described in Chapter X of the Penal Code, shall be punished
as provided in Chapter X of the Penal Code.

117. If any labourer states to his employer, or to any person
acting for such employer in the conduct of the business of the place
of emjployment, that he desires to make a complaint to the Con-
troller of personal ill-usage or breach of any provision of this
Enactment on the part of such employer or any other person, the
employer or person to whom such statement is made shall within
forty-eight hours send notice thereof in writing to the Controller,
and in default of so doing such employer or person shall be liable
to a fine not exceeding one hundred dollars, and in addition to a
fine not exceeding twenty-five dollars for each day during which
such default is continued.

118. If upon any such enquiry made on the complaint of a
labourer the Controller is of opinion that the complaint is untrue
or frivolous, he shall enter in his book the particulars of such com-
plaint and a short statement of the grounds of his oi^inion respecting
it, and in such case he may impose on the comjilainant a fine not
exceeding two dollars and fifty cents, which may be deducted
from the labourer's wages and retained by his emj^loyer.

119. (i) If, upon enquiry as aforesaid, the Controller is of opinion
that the complaint is well-founded, he shall institute such proceed-
ings, civil or criminal, for and in the name of the labourer as he
shall deem necessary under the circumstances.

(ii) In the event of there being more labourers than one making
a similar complaint the Controller may if he shall institute civil
proceedings for and in the name of such labourers consoUdate the
complaint of all such labourers into one cause of action and he shall
only be required to sue out one plaint for and in the name of all
such labourers in respect of such causes of action. Any Court which

LABOUR CODE.

357

ceedinss.

Labourer may

would have jurisdiction to hear and determine separate suits based
on such causes of action shall be competent to hear and determine such
consolidated suit as aforesaid, notwithstanding that the subject-matter
of such consolidated suit is in excess of the ordinary jurisdiction of
such Court. Judgment may be given without any amendment for
such one or more of the plaintiffs as may be found to be entitled
to relief for such relief as he or they may be entitled to.

120. No Court fees shall be chargeable in the first instance on costs of pro-
any proceeding commenced by a labourer, or by the Controller on
his behalf, against his employer under this Enactment ; but in case
a conviction shall be had or judgment given against the employer,
the same shall be paid by the employer, together Avith the general
costs of the proceeding.

121. (i) Whenever an employer desires to make a complaint
against any labourer in his employment under an agreement or be taken before
contract for any of the following offences, that is to say —

Disobedience to lawful orders, neglect of duty, carelessness in
regard to property, WTongful determination of an agree-
ment of service or neglect or refusal to fulfil or to enter
on or commence service ;

it shall be lawful for the employer, if such labourer is on the estate
or place where he is bound by his agreement or contract to work,
to apprehend and forthwith take such labourer before any Court.

(ii) If it appears to the Court before whom a labourer is brought compensation.
that there w as no sufficient ground for apprehending and bringing
such labourer before him, or that such labourer was, through the
neglect or default of the employer, detained an unnecessary length
of time, it shall be lawful for the Court to award to such labourer
by way of. compensation any sum not exceeding ten dollars, to be
paid by the employer.

122. (i) If any labourer proves physically unfit and unable to Labourer unfit
perform the work that he has undertaken to perform, it shall be for^particuiar
lawful for the Controller to order that such labourer be given such

other work or task in jDlace of that which he has proved unfit and
unable to perform as the Controller, after consultation with the
employer, shall deem reasonable and just.

(ii) If any employer shall comjDel any labourer to perform any penalty.
work which the Court or the Controller has directed that he shall
not be bound to perform, he shall be guilty of an offence and shall,
on conviction, be liable to a fine not exceeding one hundred dollars.

PART IV.

PROVISIONS RELATING TO SPECIAL CLASSES OF
LABOUR.

Chapter IX.

LABOUR WORKING BOARD AND SCHEDULE OF LABOUR
LAWS FOR CHINESE LABOURERS.

123. A " Kung-pai " or working board shall be affixed in some Employer to
conspicuous position on each place of employment or on the ^^^ijlg^oard
lines thereof, and on such working board shall be entered by the on estate.

358

No. 6 OF 1912.

Employer to
provide
account book.

E. 32 of 19U

Entries in
account booii.

Penalty for
breach of
Section 123
or 124.

Limitation of
sections.

Employer about
to abscond to
evade payment
of wages.

E 32 of 1014.

employer, at intervals not exceeding two days, the amount of tasks
done or length of time worked on each day by each labourer, and
the amount of all work done overtime.

124. (i) Every employer of contract labourers shall supply free
of charge to each contract labourer a " Tshun-tu " or Chinese
pocket account book which shall be the property of such labourer,
in which shall be entered, in Chinese or in English, by the employer
or his agent, the folloAving particulars — namely, the name, age, and
place of birth (giving the name of the district in China) of such
labourer, together with the registered number, the date, and the
duration of his contract, the rate of wages payable thereunder, and
the amounts of all other emoluments and of any advances that
may have been made to the labourer.

(ii) The employer or his agent shall, at the time of payment,
enter in such " Tshun-tu," in the Chinese language, the amount
paid to such labourer as wages during his contract, and the date
of payment, and shall at the end of every month enter the amount
earned by such labourer, either as wages or as payment for work
done overtime, together with such further details as the Controller
may from time to time direct.

125. (i) Any employer failing to comply with the provisions of
Section 123 or Section 124 shall be liable, on conviction, to a fine
not exceeding twenty-five dollars.

(ii) Any employer or clerk, overseer, servant, or agent of any
employer who shall detain or take aAvay from any labourer the
" Tshun-tu " or Chinese pocket account book referred to in Section
124 shall be liable, on conviction, to a fine not exceeding one
hundred dollars.

126. Sections 123 and 124 shall not ajoply to labourers on mines.

126a. (i) Whenever any labourer complains to the Court or the
Controller that he has reasonable grounds for believing that his
employer, in order to evade payment of his wages, is about to leave
the State wherein the place of employment is situated, the Court
or the Controller may summon such employer and direct him to
shew cause why he should not be required to give security by
bond to remain in the State till such wages are paid ; and if after
hearing the evidence of such employer the Court or the Controller
adjudicates that such bond shall be given, the Court or the Con-
troller may order such employer to give security by bond in a
reasonable sum that he will not leave the district or the State (as
the Court or the Controller may direct) until he satisfies the Court
or the Controller that all the just claims of his labourers against
him for wages have been paid or settled.

(ii) If the employer fails to comply with the terms of such order
to give security, he shall be detained in the civil prison till arrange-
ments are made Ijy the Court or the Controller for settling the
claims of his labourers ; provided that such employer shall be
released at any time on security being furnished or on liis payment,
either in whole or in a reasonable part, of all claims of his labourers ;

employer.

complaint.

LABOUR CODE. 359

and provided that in no case shall the period of such detention
exceed three months.

(iii) The bond to be given by an employer shall be a personal
bond Avith one or more sureties, and the penalty for breach of the
bond shall be fixed with due regard to the circumstances of the
case and the means of the employer.

(iv) If on or after complaint made by any labourer under sub- Arrest of
section (i) it appears to the Court or the Controller that there is
good ground for believing that the employer complained against
has absconded or is absconding or is about to abscond, the Court
or the Controller may issue a warrant for the apprehension of such
employer, and such emploj^er shall be detained in safe custody
pending the hearing of the complaint unless he finds good and
sufficient security to the satisfaction of the Court or the Controller
for his appearance to answer the complaint.

(v) If after summoning an employer to appear to shew cause ][^^°J°}Jf^
why he should not be required to give security by bond to remain
in the State wherein the place of employment is situated till the
wages of his labourers are paid it shall appear to the Court or the
Controller after enquiry that the labourer who made the complaint
had no reasonable or sufficient grounds for making it, the Court
or the Controller may impose a fine of five dollars upon such Penalty.
labourer and in default of pajonent sentence him to imprisonment
of either description for a term not exceeding fourteen days.

126b. (i) In the event of there arising between an employer and Controller may
a Chinese labourer emploj^ed upon any agricultu.ral land exceeding bUween
twenty-five acres in extent upon which agricultural operations of fa™^j5en ''"'^
any kind are carried on or upon which the produce of any plants b. 32ofi9i4.
or trees is collected or treated or upon any mine any dispute
relating to the conditions or period of emplo3^ment, to advances of
goods or money, to wages or to the keej)ing of accounts, the
Controller may enquire into and decide such dispute and make
without any limitation in respect of the amount or value any order e. 2 of 1918.
which he may deem just for the purpose of giving effect to such
decision.

(ii) The mode of procedure shall be as follows :
(a) The person complaining shall lodge a memorandum in
writing at the office of the Controller, specif 3- ing shortly
the subject matter of the complaint and the remedy
sought to be obtained, or he may make his complaint in
person at any time or place to the Controller, who shall
forthwith reduce it or cause it to be reduced to wTiting.
Ujion receipt of such memorandum or verbal complaint
the Controller shall summon in A\Titing the party against
whom such complaint is made, giving notice to him of
the nature of the comj^laint and the time and place at
which the same will be enquired into, and he shall also
notify or summon all persons whose interests may appear
to him likely to be affected by the proceedings ;
(6) At the time and place appointed the parties shall attend
and state their case before the Controller and may call

360 No. 6 OF 1912.

evidence, and the Controller having heard such statements
and evidence and any other evidence which he may deem
necessary shall give his decision ;

by the Controller to attend at such enquiry and shall
have made default in so doing, the Controller may hear
and decide the complaint in the absence of such person,
notwithstanding that the interests of such person may
be prejudicially affected by his decision ;

(d) The Controller shall keep a Case Book, in which he shall

enter notes of the evidence taken and the decisions arrived
at in each case heard before him, and shall authenticate
the same by attaching his signature thereto, and the
record in such Case Book shall be sufficient evidence of
the giving of any decision, or of the making of any order,
and of the terms thereof ; and any person interested in
a dispute, decision, or order shall be entitled to a copy
of such record upon payment of a fee of one dollar ;

(e) No fees shall be charged by the Controller in respect of

processes issued by him under this section and all orders
^ 2 of 1918 made by the Controller shall, notwithstcmding thai the same

may in resjject of amount or value be in excess of the ordinary
jurisdiction of the Court, he enforced by the Court in the same
manner as a judgment of the Court, and all necessary pro-
cesses may be served by the Court on behalf of the Controller ;
provided that 7io sale of immovable property shall for the
purposes of such eyiforcement be ordered except by the Court
of a Judicial Commissioner ;

(/) In the event of any person interested being dissatisfied
with the decision or order of the Controller, he may,
within fourteen days after such decision or order, file a
memorandum of aj)peal therefrom in the Court of a
Judicial Commissioner ; for the purposes of any such
appeal the decision or order of the Controller shall bo
deemed to be a decision of the Court of a Magistrate ;

(g) Nothing in this section shall limit or affect the jurisdiction
of any Court,

E. 2 of 1918. (h) hi proceedings under this section where it appears to the

Controller that there are more labourers than one having a
common cause, or similar causes, of complaint against the
same employer, it shall not be necessary for each of them
to make a separate complaint utider this section, but the
Controller may, if he thinks fit, permit one or more of them,
to lodge a memorandum or make a complaint and to attend
and act on behalf of, and generally to represent, the others,
and the Controller may proceed to adjudicate on the several
or joint claims of each and all such labourers ; provided
that where the Controller is of opinion that the interests of
the employer are or are likely to be prejudiced by the non-
attendance of any labourer, he shall require the personal
attendance of such labourer.

LABOUR CODE. 361

(iii) In this section the expressions " employer " and '' labourer "
include all persons who are included within the scope of those
exjiressions, respectively, for the purposes of Part VII.

127. (i) An abstract of Chinese labour law shall, as soon as Trausiatiou of
conveniently may be after the passing of this Enactment, be postedtn^cer-*"
j)repared and published in the Gazette, and every employer who taiu cases.
employs not less than ten Chinese contract labourers shall affix
and exhibit continuously in a conspicuous place in all lines a
translation thereof in Chinese.

(ii) Every employer who emj)loys not less than one hundred
Chinese labourers shall affix and exhibit continuously in a con-
spicuous place in all lines a translation in Chinese of the said
abstract.

(iii) Printed copies of the said abstract, with such translations
as may be necessary, shall on application be supplied free by the
District Officer or the Controller to all such employers as are
referred to in sub-sections (i) and (ii).

(iv) Every employer who refuses or neglects to comply with the penalty.
provisions of sub-section (i) or sub-section (ii) shall be liable, on
conviction, to a fine not exceeding one hundred dollars.

Chapter X.
DOMESTIC SERVANTS.

128. The provisions of Chapter VI and Chapter VII are hereby Application.
made applicable to domestic servants.

129. Any domestic servant who shall without reasonable excuse ofEences.
to be allowed by the Court

(a) quit the service of his employer without due notice ;

{h) be guilty of Avilful negHgence or carelessness with regard to
the property in his custody or control ;

shall be liable, on conviction, to a fine not exceeding twenty-five penalty.
dollars or to imprisonment of either description for a term not
exceeding one month.

PART V.

PROVISIONS RELATING TO PRIORITY OF WAGES
AND THE TRUCK SYSTEM.

Chapter XI.
PRIORITY OF LABOURERS' WAGES.

130. In this Chapter unless the context otherwise requires : interpretation.

(i) " The Court " includes a Collector or Assistant Collector duly "Court."
appointed under the Land Enactment, 1911, in any case in which
such Collector or Assistant Collector has power to order a sale.

362

No. 6 OF 1912.

" Declaration of
insolvency."

Labourer."
Receiver."

" Secured
creditor."

" Wages."

Procedure in
the event of
insolvency of
employer.

E. 2 of 1918.

Protection of
labourers'
interests in
execution pro-
ceedings.

E. 2 of 1018.

Procedure on
sale under
mortgage or
charge.

Mode of
ascertaining
amount due.

(ii) " Declaration of insolvency " includes an order or decree for
the liquidation or winding up of a corporation or company.

(iii) " Labourer " includes clerk.

(iv) " Receiver " includes the liquidator of a corporation or
company.

(v) " Secured creditor " means a person holding a mortgage,
charge, or lien on any mine or agricultural estate or other place of
employment, or any part thereof, as a security for a debt due to him.

(vi) " Wages " shall not include money due as a share of profits,

131. In the event of a declaration of insolvency or a receiving
order in bankruptcy being made against any employer by any Court
having jurisdiction in insolvency or bankruptcy matters, and of
the sale by the receiver of any interest in any mine, agricultural
estate, or other place of employment belonging to such employer,
or the produce thereof, the proceeds, of such sale shall not be paid
in satisfaction of any claims but those of the Government and of
secured creditors unless and until the receiver shall have ascertained
and provided for the amount due at the date of the sale for wages
to all labourers employed on such mine, agricultural estate, or other
place of employment.

132. In the event of the issue of an attachment in execution of a
decree against an employer, and of the interest in any mine, agricultural
estate, or other place of employment belonging to such employer, or
the 'produce thereof, or the money due to such employer on account of
ivork done on such place of employment or derived from the sale of
the proceeds thereof, being seized^ or sold or otherwise realized in pur-
suance of such execution, the proceeds of such sale or other realization
shall not be paid to any exec^Uion creditor unless and until the Court
ordering the sale or other realization shall have ascertained and pro-
vided for the amount due at the date of the sale or other realization
for wages dtie to all the labourers employed on such mine, agricidtural
estate, or other place of employment.

133. In the event of any interest in any mine or agricultural
estate or other place of employment being sold on the application
of a mortgagee or chargee under any law in force for the time being,
the proceeds of such sale shall not be paid to any creditor other than
the Government or a mortgagee or chargee, unless and until the
Court ordering the sale shall have ascertained and provided for
the amount due at the date of the sale for wages to all labourers
employed on such mine, agricultural estate, or other place of em-
ployment or unless the Court shall be satisfied that such wages
have been duly paid up to the date of sale.

134. (i) For the purpose of acertaining the amount so due, the
Court or receiver ordering the sale under Section 131, 132, or 133
(hereinafter in this section called " the Court ") shall take notice
of the system under which the mine, agricultural estate, or other
place of employment is worked, and shall not allow, in the case of
a clerk or headman, more than two months' wages or less than one ;
and in the case of other labourers, more than three months' wages
or less than one.

LABOUR CODE.

363

(ii) The Court may refer the matter to the Controller, who shall Reference to
enquire into the same and report to the Court the amount that ^°^^'^°^^'^'^-
is, in his opinion, justly due for wages from the employer to the
labourers.

(iii) The Court may adopt the report of the Controller, or may Report.
make such further enquiry as it may think fit.

(iv) After the enquiry is completed the Court shall make an order order by oourt.
declaring the amount due at the date of the sale for wages by
the employer to the labourers, and the mine, agricultural estate,
or other place of employment in respect of which such wages have
become due.

(v) In ascertaining such amount, in the case of an employer Deductions.
against M'liom a declaration of insolvency or a receiving order in
bankruptcy has been made, there shall be deducted from the
amount due at the date of such declaration or order anj^ sums which
the labourers may have received since such date from the assets
of their employer, whether b}^ way of dividend or in priority to
the general bod}^ of creditors.

Orders for sale
of mine or
estate.

Disposition of
proceeds.

135. (i) Any Court having jurisdiction in insolvency or bank-
ruptcy matters (hereinafter in this section called " the Court ")
may, subject to the claims of the Government or of any secured
creditor, make an order for the sale of any interest in any mine,
agricultural estate, or other place of emplojTiient, belonging to an
employer against whom a declaration of insolvency or a receiving
order in bankruptcy has been made, upon the application of the
receiver of such employer's estate, or of the Controller, on behalf
of the labourers claiming wages in respect of work done on or about
such mine, agricultural estate, or other place of emplojrment.

(ii) The moneys to arise from such sale shall be applied in
the first place in payment of the costs, charges, and expenses of the
receiver or Controller, of and incidental to the application to the
Court, and of the sale ; in the second j^lace in paj^ment of the amount
found to be due under the last preceding section to the labourers,
and the surplus (if any) shall be paid to the receiver of the estate
for the benefit of the general body of creditors.

136. Every transfer of a mine, agricultural estate, or other place Transfer to be
of emplo;^Tnent made within three months immediately preceding event" "^"^^"^
a declaration of insolvency or a receiving order in bankruptcy

against the owner of such mine, agricultural estate, or other place
of employment with a \dew of giving, or which has in fact the effect
of giving, any other person a claim on such mine, agricultural
estate, or other place of employment in priority to the claims of
labourers employed thereon shall, as against the claim of such
labourers, be deemed fraudulent and void.

137. No payment of wages by way of priority under this Chapter saving of rights
shall affect the right of the labourer receiving the same to prove, "^ labourers.
in the case of the insolvency or bankruptcy of his employer, for any

balance of wages due to him and not recoverable under this Part.

No. 6 OF 1912.

Chapter XII.

Agreements to
jiay wages
otherwise than
in legal tender

illegal.

Agreements as
to place,
manner, etc., of
spending wages
illegal.

Wages to be
paid entirely in
legal tender.

Labourer's
right to recover.

E. 32 of 1914.

Interest on

advances

forbidden.

Deductions or
fiayments in
respect of lines,
iiiiiiry to
materials, etc.

Agreements of
co-operation.

Itemuneration
other than
wages.

Authority to
employer to
open shop.

B. 32 of 1914.

PROVISIONS AS TO THE TRUCK SYSTEM.

138. In all agreements or contracts for the hiring of any labourer
or for the performance by any labourer of any labour the wages
of such labourer shall be made payable in legal tender and not
otherwise, and if in any such agreement or contract the whole or any
part of such wages shall be made payable in any other manner such
agreement or contract shall be illegal, null, and void.

139. No employer shall impose in any agreement or contract for
the employment of any labourer any terms as to the place at which,
or the manner in which, or the person with whom, any wages paid
to the labourer are to be expended, and every agreement or contract
between an employer and a labourer containing such terms shall be
illegal, null, and void.

140. Except where otherwise expressly j^ermitted by the pro-
visions of this Enactment the entire amount of the wages earned by,
or payable to, any labourer in respect of any labour done by him
shall be actually paid to him in legal tender, and every payment of,
or on account of, any such wages made in any other form shall be
illegal, null, and void.

141. Every labourer shall be entitled to recover in the Courts of
the Federated Malay States so much of his wages exclusive of sums
lawfully deducted hi accordance with the provisions of this Enactment
as shall not have been actually paid to him in legal tender.

142. No employer shall make any deduction by way of discount,
interest, or any similar charge on account of any advance of wages
made to any labourer in anticipation of the regular period of pay-
ment of such wages.

143. Except where otherwise expressly permitted by the pro-
visions of this Enactment no employer shall make any deduction
or make any agreement or contract with a labourer for any de-
duction from the wages to be paid by the employer to the labourer,
or for any payment to the employer by the labourer, for or in respect
of any fine, or of bad or negligent work, or of injury to the materials
or other property of the emj^loyer.

144. Nothing in this Chapter shall be held to apply to any body
of persons working on an agreement of co-operation.

145. Nothing in this Chapter shall render illegal an agreement or
contract with a labourer for giving to hiin food, a dwelling-place,
or other allowances or privileges in addition to money wages as a

"^remuneration for his services, but so that no employer shall give tbn
a labourer any opium or chandu or intoxicating liquor by way of'
such remuneration. ""^

146. (i) Nothing in this Chapter shall ])revent the employer
from esla})lishing a shop for tlie sale of rice only to his labourers or,
where the place of employment is distant more than two miles from

LABOUR CODE.

365

any town or village, from establishing a shop for the sale of pro-
visions generally to his labourers, in either case at a tariff of prices
approved by the Controller, a copy of which in the language or
languages of the labourers shall be openly exhibited in the shop
and at other points of the place of employment as may be directed
by the Controller ; but no labourer shall be compelled by any
contract or agreement, written or verbal, to purchase rice or other
provisions at such shop, and no opium or chandu or intoxicating
liquor shall be sold at any such shop.

(ii) No employer shall establish or keep, or permit to be estal)- offence.
lished or kept, a shop or any place of emj)loyment for the sale of
provisions to his labourers otherwise than in accordance with the
preceding sub-section.

147. Any employer who enters into any agreement or contract penalties.
or gives any remuneration for service contrary to the provisions

of this Chapter or declared by this Chapter to be illegal, or makes
any deduction from the wages of any labourer or receives any pay-
ment from any labourer contrary to the provisions of this Chapter
or contravenes the provisions of sub-section (ii) of Section 146,
shall be liable, on conviction, to a fine not exceeding five hundred
dollars or for a second or subsequent offence to a fine not exceeding
one thousand dollars.

148. (i) When an employer is charged with an offence against this Exemption of
Chapter he shall be entitled, upon information duly laid by him, cwiv^iSfonof
to have any other person whom he charges as the actual offender actual offender.
brought before the Court at the time ajipointed for hearing the

charge, and if, after the commission of the offence has been proved,
the emploj'er shall prove to the satisfaction of the Court that he has
used due diligence to enforce the provisions of this Chapter and that
the said other person has committed the offence in question without
his knowledge, consent, or connivance, the said other person shall
be summarily convicted of such offence, and the employer shall be
exempt from any penalty.

(ii) When it is made to appear to the satisfaction of the Con-
troller at the time of discovering the offence that the employer
has used due diligence to enforce the provisions of this Chajiter and
also by what person such offence has been committed, and also
that it has been committed without the knowledge, consent, or
connivance of the employer, then the Controller shall proceed
against the person whom he believes to be the actual offender in
the first instance without first proceeding against the employer.

Proceedin'j^s to
be taken airainst
actual offender.

PART VI.

PROVISIONS RELATING TO ASSISTED IMMIGRATION.

Chapter XIII.

THE INDIAN IMMIGRATION FUND.

149. The i)rovisions of this Chapter shall only apply to Indian Limitation of
labourers and shall, where such provisions are repugnant to the app'i'^ation.
other provisions of this Enactment, be taken to repeal for the

366

No. 6 OF 1912.

Interpretation.
E 32 of 1914.
" Employer."

" Imlian
labourer."

" The Indian
Immi?ration
Committee."

• A quarter."

purpose of carrying into effect this Part such other provisions, but
excej^t in so far as is necessary to give effect to this section the
provisions of this Part shall be additional to, and in extension of,
the other provisions of this Enactment.

150. In this Chapter unless the context othermse requires :

" Employer " means any person, including the Government, and
any body of persons, corporate or unincorporate, who employs any
Indian labourers and shall in his absence include his agent or
manager or other person in charge of the work on which such Indian
labourers are employed, and a person who makes payments for
Avork executed by Indian labourers to some person other than such
Indian labourers shall be deemed to be the emjaloyer of such Indian
labourers, if such work is done in the conduct of any trade, business,
undertaking, or industry carried on by him or on his behalf ;

" Indian labourer " means an Asiatic native of the Madras Presi-
dency of British India of the age of fourteen years and upwards,
who is employed in any of the following kinds of labour, namely —

(1) Agriculture, including the treatment of produce and its

porterage to the place of treatment ;

(2) The maldng and upkeep of roads ;

(3) The construction and maintenance of canals ;

(4) Railway construction, maintenance, and working ;

(5) The construction, maintenance, and working of all works of

a public nature or for the public good ;

(6) Mining and work on mines ;

(7) Quarrjdng and stone-breaking ;

(8) Brick-making ;

(S)) The treatment in mills and factories of padi, rubber, and other
agricultural produce, including porterage in connection
with such treatment ;

or in any other kind of labour which may be declared by the High
Commissioner to be subject to the provisions of this ChajDter :
provided always that persons employed exclusively in administrative
or clerical work, or in gardens attached to private residences, shall
not be deemed to be Indian labourers for the purposes of this
Chapter. For the purpose of this Chapter every Asiatic of IndiafT]
descent shall be deemed to be a native of the Madras Presidency until |
the contrary is proved ; — --^

" The Indian Immigration Committee " means the Immigration
Committee existing at the time of the passing of this Enactment or
hereafter notified by the order of the High Commissioner in the
Gazette to be the Indian Immigration Committee ;

" A quarter " means a quarter of a year consisting of the months
of January to March, April to June, July to September, or October
to December.

" Register " means the books which are required to be kept under
Section 152 ;

ration
niittee and

LABOUR CODE. 367

" Return " means the return which is required to be sent to the "Return.-
Controller under Section 153.

151. It shall be law-ful for the High Commissioner from time to Highcommis-
time to define the duties of the Indian Immigration Committee and define duties of
to appoint such persons as he may think fit to be members of such Indian
('ommittee and to add members to or remove members from such Comml
Committee. ^^4.

152. Every employer shall keep and write up to date, or cause to Employer to
be kept and written up to date, books in the English language ^^«^p ''oo^^s.
shewing the names of all Indian labourers of whom he was the
employer or who have worked on his place of employment, the daj's

on which they have worked and the amounts paid or payable to
them as wages. Such books shall be deemed not to be written up to
date if by the tenth day of any month all entries required by this
section to be made therein in respect of the preceding month have
not been made.

153. Every employer shall within one month after the end of each Employer to
quarter send to the Controller a return shewing the number of Indian cwi'tr'i^ue™ '"
labourers whose names are entered in his register during the pre-
ceding quarter, the total amount paid for work done by Indian
labourers, and the total number of days' Avork done bj" all Indian
labourers of whom he was the employer or who have worked on his

place of employment during the preceding quarter : such return
shall be accompanied by a certificate signed by the employer that
it is a correct summary of the entries in his register during the
preceding quarter.

154. Every employer shall, whenever called upon so to do by the Employer to
Controller or by any officer authorized in \vTiting by the Controller FoTinspecUon.*''^
in that behalf, produce for the inspection of the Controller or officer

so authorized his register and all other books kept by him in so far
as they relate to payments made by him in respect of work done by
Indian labourers.

155. The Controller and any officer authorized by him in MTiting Power to enter
in that behalf may at any time between sunrise and sunset enter speTt any 'place
upon and inspect any place of eml3lo^^nent and any place which reasonably
he may reasonably suspect to be a place of employment for the a pi''ace*of '° ""^
purpose of ascertaming the number of Indian labourers employed e^P'oj'ment.
thereon, and any person wilfully hindering or obstructing such entry

or inspection shall be liable, on conviction, to a fine not exceeding
five hundred dollars.

156. The Indian Immigration Committee may from time to time, indi

with the consent of the High Cominissioner, by notification published co^lsltteelm
in the Gazette at least one month before the commencement of the impose rates.
period to w^hich it relates, prescribe quarterly rates to be paid for the
ensuing quarter or quarters of the year in which the notification is
published or of the ensuing year as follows :

(a) A rate to be paid by every employer in respect of every
Indian labourer employed or working on the place of
employment during the quarter ;

368

No. 6 OF 1912.

E. 27 of 1913.

Limit of rate.
E. 31 of 1919.

Assessment to
be collected by
Controller.

Employer to
pay assessment
within twenty-
one days.

(h) A further rate to be paid by every employer who employed
during the quarter Indian labourers in excess of the number
of Indian labourers imported by him with free passages
provided by the Indian Immigration Committee during
the twenty-four months preceding the commencement of
the quarter.

Provided that the rate referred to in clause {h) shall not be payable
in respect of Indian labourers directly employed by any Government
department and that in tlie case of Indian labourers not directly
employed by any Government department in respect of whom the
said rate would, but for this proviso, be payable by the Government
the person directly emplo3ring such labourers shall for the purposes
of clause (h) be deemed to be the employer of such labourers.

Provided further that the rate referred to in clause (b) shall not,
during the continuance of any exemption granted hereunder, be
payable in respect of Indian labourers employed

(1) within such areas, or

(2) within such areas and on such kinds of labour therein

as may be from time to time expressly exempted from the operation
of clause (b) by order of the Indian Immigration Committee made
with the approval of the High Commissioner and published in the
Gazette. Any order or exemption published hereunder may be varied
or rescinded by order of the Indian Immigration Committee made
with the approval of the High Commissioner and published in the
Gazette.

157. The rate referred to in clause (a) of the last preceding section
shall not exceed six dollars a quarter. The rate referred to in clause
{b) may be whatever rate the Indian Immigration Committee from
time to time, with the consent of the High Commissioner, thinks fit
to 2:)rescribe : provided always that the whole assessment payable by
an employer under the last preceding section in respect of any one
quarter shall in no case exceed six dollars for every Indian labourer
employed during the quarter.

158. The assessment payable by each employer under Section 15G
shall be collected by the Controller who shall send by post to each
employer a notice stating the amount at which he has been assessed
for the last preceding quarter.

159. Every employer shall within twenty-one days after the
posting to him or to his place of employment of the notice referred
to in Section 158 stating the amount at which he has been assessed
for the last preceding quarter under Section 156 pay to tiie Controller
the amount mentiouecl in such notice : such amount shall be deemed
a debt due to the State in which his place of employment is situated
and if not jmid within such twenty-one days shall bear interest at
the rate of eight per cent, per annum. Any such notice signed by
the Controller shall unless and until rectified by the Controller be
conclusive evidence that the amount stated therein is due by the
employer : provided that the employer may within fourteen days
after the rcceijjt of any notice ai)pcal to the Indian Immigration

LABOUR CODE. 369

Committee and in such ease the Indian Immigration Committee
shall consider the matter and its decision shall be final.

160. (i) The amount at which each employer shall be assessed in Amount of
respect of each quarter shall be ascertained as hereinafter in this catenated!' ''°^
section provided.

(ii) The amount of the assessment under clause (a) of Section 156
shall be the amount obtained by multiplying the average number of
Indian labourers employed or working on the place of employment
during the quarter by the rate.

(iii) The amount of the assessment under clause (6) of Section 156
(if any) shall be the amount obtained by multipljnng the average
number of Indian labourers employed or working on the place of
employment during the quarter less the number of adult Indian
labourers shewn to the satisfaction of the Controller to have been
imported by the employer with free passages from India paid for by
the Indian Immigration Committee, during the twenty-four months
preceding the commencement of the quarter, by the rate.

(iv) For the j)urposes of the calculations referred to in this
section :

(a) The average number of Indian labourers emploj^ed or working
on the place of employment shall be the number obtained
by adding together the total number of days' work done
by each Indian labourer during the quarter and dividing
the total by the number of working days comprised in the
quarter ;

(6) The " number of working days comprised in any quarter "
shall be such number as may be fixed by the Indian
Immigration Committee for such quarter ;

(c)" An adult Indian labourer means an Indian labourer for whom
a free full rate passage from India has been paid for by the
Indian Immigration Committee.

(v) The Indian Immigration Committee may from time to time
make rules determining what shall be deemeil to constitute a day's
work, and such rules shall be published in the Gazette.

161. (i) The fund now subsisting under the provisions of " The immigration
Tamil Immigration Fund Enactment, 1911," hereby repealed shall ^""'^"

be taken over by and form part of the fund constituted under this
Enactment.

(ii) All moneys paid by employers to the Controller in accordance Disbursement
with the provisions of this Chapter shall be paid into a fund to be °
knouTi as " The Indian Immigration Fund " and may be disbursed
for the following purposes only :

(a) For or towards the payment of free passages for Indian
labourers and their famihes from the Madras Presidency
to the Federated Malay States or the Colony or Johore or
Kedah or Perils or Kelantan : such passages shall be \
allotted in accordance mth rules to be framed from time to \
time by the Indian Immigration Committee and pubHshed
in the Gazette ;

11-24

E. 27 of 1913.

E. 32 of 1914.

E. 18 of 1917.

E.l of 1919.

BorrowiriG
powers.

Mode of man-
agement.

Oflences under
this Fart.

No. 6 OF 1912.

(6) For the general expenses incurred in connection with the recruit-
ing of labour in the Madras Presidency and in connection with

(1) the quarantiiie on arrival at Singapore, Penang, or

Port Swettenham from India, and

(2) the transport to their destinations

of those for whom free passages have been provided under

this Enactment.
(c) For the maintenance of a home for decrepit Indian

labourers ;
{d) For the payment of interest upon moneys borrowed by the

Indian Immigration Committee under sub-section (iii) ;

(e) For the payment of recruiting allowances ;

(/) For the payment of the cost of preparing the register pre-
scribed by Section 66 (i) ;

{g) For the payment of expenses reasonably incurred by tnembers
of the Indian Immigration Committee in travelling to and
from places where the Committee meets or other places
necessary to be visited for the purposes of this Part.

(h) For the payment of fees and charges incidental to legal pro-
ceedings and of the cost of legal advice a7id assistance incurred
and obtained in and for carrying out the pmrposes of this
Chapter.

(i) For such purposes as may be determined from time to time by
resolution of the Federal Council.

(iii) It shall be lawful for the Indian Immigration Committee to
borrow from time to time at such rates of interest as the High
Commissioner shall approve such moneys as the Committee may
deem necessary for the purpose of making the payments referred to
in sub-section (ii).

162. (i) Payments out of the Indian Immigration Fund shall be
made by the Controller on the authority of the Indian Immigration
Committee.

(ii) The Controller shall present half-yearly accounts of the Indian
Immigration Fund to the Committee.

(iii) Such half-yearly accounts, when passed by the Indian Immi-
gration Committee, shall be published in the Gazette.

163. Any employer who is subject to the provisions of this Part :

(a) Who sliall fail to keep or cause to be kept a register ;

{b) Whose register shall not be kept up to date unless he shall
explain such omission to the satisfaction of the Court ;

entry (unless he shall satisfy the Court that such entry
was not made with intent to evade payment of moneys
payable under this Part) ;

(d) Who shall fail to send in a return within the time prescribed

by Section 153 ;

LABOUR CODE. 371

(e) Who shall send in a return containing any incorrect or
incomplete statement (unless he shall satisfy the Court
that such statement was not made with intent to evade
payment of moneys payable under this Part) ;

(/) Who shall refuse or wilfully omit to produce any book for
inspection as required by Section 154 ;

shall be liable, on conviction, to a fine not exceeding five hundred Penalty.
dollars.

164. In every case in which an employer who is subject to the Special penalty
provisions of this Part is convicted of failure to keep or cause to be intent to evade
kept a register, and in every case in which such an employer is payment.
convicted of keeping or causing to be kept a register which contains

any incorrect or incomplete entry and in every case in which such an
employer is convicted of sending in a return containing any incorrect
or incomplete statement the Court shall forthw ith proceed to deter-
mine, taking further evidence if necessary, the number of Indian
labourers in respect of whom the employer is liable to assessment
under this Part, and the employer shall, in addition to any fine imposed
upon him, pay a penalty of ten dollars in respect of each such Indian
labourer. Such penalty shall be added to the fine imposed and shall
be recovered and dealt with as part thereof. The payment of such
jienalty shall not be deemed to be a paj^ment of the assessment due
under the provisions of this Part in respect of such Indian labourer,
and in a suit for the recovery of assessment no set-off or defence shall
be allowed on account of such payment.

165. (i) No prosecution for any offence against the provisions of No prosecution
this Part shall be instituted except by the Controller or by an officer Tuthorfty o^f the
authorized by him in writing in that behalf. Controller.

(ii) The Controller and any officer authorized by him in writing Eight to
in that behalf shall have the right to appear before any Court. appear.

166. Ever}^ fine imposed by virtue of this Chapter shall be paid Disposal of
over to the Controller and shall become part of the Indian Immigra- ^"^'
tion Fund.

PART VII.

SPECIAL PROVISIONS RELATING TO LABOURERS
EMPLOYED IN MINES.

Chapter XIV.

INTERPRETATION AND PROVISIONS FOR THE
OBSERVANCE OF MINING USAGE.

167. The provisions of this Part shall only apply to labourers in Limitation of
mines and shall, where such provisions are repugnant to the other *pp'"=^*'°"-
provisions of this Enactment, be taken to repeal for the purpose of
carrying into effect this Part such other provisions, but except in so

far as is necessary to give effect to this section the provisions of this
Part shall be additional to, and in extension of, the other provisions
of this Enactment.

372

No. 6 OF 1912.

Interpretation. 168. Foi" the pui'poses of tliis Part unless the context otherwise
requires :

"Employer." "Employer" includes a mining advancer, commonly called

Kiu-chu.

" Labourer " includes mining mandors, overseers, and headmen,
commonly called Nai-cheng-thau, Hop-thung-thau, or Hang-kong,
respectively.

" Tribute labourers " means labourers who work in any mine
Avithout an}^ fixed remuneration but with the right to retain for
themselves the value of all minerals won from the mine, subject to
the obligation to pay to the mine owner or his lessee a fixed per-
centage of such value, and who agree with any person to receive from
him exclusively advances of food and supplies and pledge the value
of all minerals won as security therefor ;

A day's work." " A day's work," commonly called a Kung, means work for a day
of as many hours, not exceeding nine, as is customary for any
labourer to work in a mine.

Labourer.'

" Tribute
labourers.'

Mining notices
deemed to be
binding as
contracts in tlie
case of mining
labourers.

Provisos.

169. (i) Any person who employs labourers in a mine either as
labourers on Hun ^vages [which term shall include Kongsi Kung and
Tai-Ki-Tsai labourers] or as piece-work labourers [Nai-Cheng
labourers] or as tribute labourers may define the conditions upon
which such labourers are engaged by affixing in a conspicuous place
in such mine a notice in the Chinese language setting out the con-
ditions upon which he engages such labourers, and, in the absence of
any special agreement to the contrary, the terms of such notice shall
be deemed to be binding as a contract under this Enactment as
between such employer and such labourers as may enter such
emplojrment whilst such notice shall continue to be so affixed.

Provided always that

(a) such notice shall clearly set out the name of the employer

responsible to the labourers for their wages and other
emoluments due to them or in the case of tribute labourers
for the advancing to them of all necessary goods and
moneys ;

(b) such notice shall contain no illegal or immoral conditions ;

lielled to continue workmg under its conditions for a longer
period than six or in the case of tribute labourers twelve
months notwithstanding any debt that he may owe to any
person ;

{(l) all the terms and conditions of every such notice shall be
approved by the Controller, who shall retain a copy signed
by the employer stating the date from \\hich the notice is
to be in force ;

And further in the case of tri})ute labourers that

(e) it shall also clearly set out the term during which the labourer
may be required to labour ;

LABOUR CODE.

373

(/) if at any time the employer shall fail to make due and
sufficient advances to the labourers of the necessary goods
and moneys, none of the conditions of the notice shall be
enforceable by the employer against the labourers, and
such labourers shall be at liberty to seek another advancer.

(ii) Any employer Avho shall contravene any of the provisions of Peuaity.
this section shall be liable, on conviction, to a fine not exceeding five
hundred dollars.

Wages of
labourers,
when payable.

Provisos.

170. All wages earned by a labourer under such an engagement
shall become due and payable on a date previously arranged between
the parties thereto in accordance Avith tlie mining usage of the place
in which such labourer is working : provided that in no case shall
such date be more than six months later than the date of the com-
mencement of such engagement, and provided further that in the ,
event of the employer ceasing to provide a proper and sufficient
supply of money and necessaries for the use of the labourer, as
required by the terms of his engagement, all moneys due from him

to such labourer shall immediately become payable.

171. All agreements and contracts and notices deemed to be Mining usage.
binding as contracts under this Part shall be construed according to

the mining usage of the place in which the same are to be performed.

Doriiments to
be evidence.

Provisos.

Exhibition of
working-board.

172. All documents and books of account having relation to
agreements, contracts, or notices deemed to be binding as contracts
under this Part or to the work to be performed under such agree-
ments, contracts, or notices shall be prima facie evidence thereof :
provided that such documents and books shall have been kept in
accordance with the mining usage of the place in which the agree-
ment, contract, or notice is to be performed.

173. Every employer shall exhibit, in a conspicuous place in the
kongsi-house, a correct Kung-Pai or working-board, containing the
names of all labourers working in such kongsi,and shall enter thereon,
according to mining usage, the work done by each labourer in the
kongsi.

174. Every employer shall exhibit, in a conspicuous place in the Exhibition of
kongsi-house, at the end of every Chinese month, a Lat-Tsai or a^^roll^^?'
account, kept according to mining usage, of moneys earned and
received by each labourer in the kongsi during such month.

175. Every employer who shall make default in any of the Penalty for
obligations imposed upon him by the last two preceding sections, '^^^^"'*-
shall be liable to a fine not exceeding one hundred dollars.

176. The advancer to a mine and the employer, if separate Liability for
persons, shall be jointly and severally liable to the labourer for the ^i^^^^^
])ayment of wages due to him : provided that the liability of the Provisos.
advancer shall cease if he shall have given reasonable notice to

the labourer that on a certain day and at a certain time and place
he intends to hand over his wages to the employer, and shall
have so handed them over according^.

374

No. 6 OF 1912.

Labourers not
employed by
tribute
labourers.

Sections 178
and 179 repealed
by E. 32 of 1914.

House accom-
modation.

Penalty.

Order
prohibiting
admission of
labourers.

Water
supply.

Order to
improve
water supply.

Penalty.

Sick labour-
ers to be sent
to hospital.

E. 12 of 1913.

177. Labourers on time or fixed wages employed in a mine worked
b}' tribute labourers shall, in the absence of proof to the contrary, be
regarded as being employed by the advancer and not by such tribute
labourers.

Chapter XV.
SANITATION AND HOSPITALS UPON MINES.

180. (i) Every employer who has agreed or contracted to provide
house accommodation for his labourers shall supply and maintain
such accommodation as shall fulfil all reasonable sanitary require-
ments. Should it appear to the Controller that the accommoda-
tion provided is likely, by reason of its site, construction, size,
or otherwise, to endanger the health of any labourer or of any other
person, it shall be lawful for the Controller to serve the employer
\vdth an order in writing requiring him to remove, alter, or enlarge
such accommodation within a reasonable time, to be stated in such
order ; and such order may also, if necessary, declare that no
labourer shall be permitted to occupy any building the subject of
such order, pending such removal, alteration, or enlargement.

(ii) Any employer who shall neglect or refuse to comply with any
order made under sub-section (i) shall be liable, on conviction, to a
fine not exceeding two hundred dollars, and further to a fine not
exceeding ten dollars for each day beyond the jDrescribed time during
which such removal, alteration, or enlargement remains uncompleted.

181. Should the accommodation upon any mine be insanitary or
otherwise unsatisfactory, it shall be lawful for the Controller or a
Magistrate to order that no labourers shall be admitted to such
mine until the necessary improvement has been effected.

182. Every employer who is bound to provide house accommoda-
tion for his labourers shall also be bound to provide for them a
sufficient quantity of wholesome water.

183. (i) Should it appear to the Controller that the water pro-
vided for the use of the labourers upon any mine is insufficient in
quantity or unAvholesome in quality, it shall be lawful for the Con-
troller to serve such employer with an order in writing requiring him
to increase or improve such supply within a reasonable time, to be
stated in such order, and such order may also, if necessary, declare
that the employer shall not permit any labourer to use the water
which is the subject of such order until such improvement has been
effected.

(ii) Any employer who shall neglect or refuse to comply Avith any
order made under sub-section (i) shall be liable, on conviction, to a
fine not exceeding two hundred dollars, and further to a fine not
exceeding ten dollars for each day beyond the prescribed time during
which such increase or improvement shall remain uncompleted.

184. (i) In the event of any labourer requiring medical treatment
it shall be the duty of his employer to take or cause him to be taken,
with as little delay as possible, to the nearest Government hospital
for treatment, providing transport if necessary.

LABOUR CODE. 375

(ii) Every employer who shall fail to take, or cause to be taken, to penalty for
hospital any such labourer shall be liable, on conviction, to a fine not ance*^™'^''
exceeding one hundred dollars, or to imprisonment of either descrip-
tion for a term not exceeding two months, and upon conviction for a
second or subsequent similar offence, committed within two years
from the date of a previous conviction for such an offence, shall be
liable to a fine not exceeding five hundred dollars, or to imprisonment
of either descrijDtion for a term not exceeding six months, or to both.

185. If it shall appear at any time to the Controller or to a order for
Magistrate or to a qualified Medical Officer of the Government that ■■emoyaiof

,, .~,.. . .». -,. sick labourer.

a labourer is suffering from a contagious or miectious disease or that
it is otherwase desirable that he should be removed and placed under
medical care, it shall be lawful for the Controller or such Magistrate
or Medical Officer to cause such labourer to be forth«dth removed to
such place as he may direct, and such labourer shall thereupon be
detained until discharged by an order in TVTiting under the hand of a
Medical Officer.

186. It shall be lawful for the Chief Secretary to Government Powcr to apply
upon the recommendation of the Controller, to declare by notifica- mineZ^"*°
tion in the Gazette that the provisions of Part VIII or of such sections

thereof as may be specified in such notification shall apply to and be
complied with by the owner, lessee, or occupier of any mine.

vPART YIII. J

PROVISIONS RELATING TO THE HEALTH OF
ASSISTANTS AND LABOURERS.

Chapter XVI.

INTERPRETATION AND HOUSE ACCOMMODATION.

187. In this Part unless the context otherwise requires : interpretation.
"Dangerous infectious or contagious disease" means plague, ;■ Dangerous

cholera, and small-pox and any other disease which the Chief Secre- conta^'ious*"^
tary to Government may from time to time, by notification in the disease."
Gazette, declare to be a dangerous infectious or contagious disease for
the purposes of this Part.

" Estate " means any agricultural land exceeding twenty-five acres •■ Estate."
in extent upon which agricultural operations of any kind are carried
on or upon which the produce of any plants or trees is collected or
treated or any mine to which the provisions, or any portion of the
provisions, of this Part have been declared to apply under Section
186 to the extent of the provisions so declared to apply.

"Labourer" includes any Asiatic Avho performs or is under •■ Labourer."
agreement or contract to perform any work for any other person
for payment or reward, whether the payment or reward is to be
made by the employer or by some other person who has entered
into a contract with the employer to have the work done.

" Resident manager "' of an estate means any employer or agent ■' Resident
of an euiployer Avho resides on, or is in immediate charge of, the °^*'^*?^''-
estate on which the labourers are employed.

376

No. 6 OF 1912.

House

accommodation
for assistants.

Order in respect
thereof.

Provisions to be
made for
labourers on an
estate by the
employer.

House

acoommodation
to be sanitary.

Penalty for
housing in
insanitary
building.

Separate lines
to be provided
for each
nationality or
race.

Permanent
lines to be in
aci-ordance
with approved
design.

188. (i) It shall be the duty of every employer to provide for all
assistants or persons other than labourers employed by him on an
estate sufficient and proper house accommodation.

(ii) Should it apjjear to the Medical Officer that any such accom-
modation is by reason of site, construction, size, or otherwise likely
to endanger the health of the assistants or other employees housed
therein or of any other person he shall report accordingly to the
Resident, and shall submit with his report his recommendations
as to the action necessary to be taken ; and on receipt of such report
it shall be lawful for the Resident to give to the employer or to the
resident manager, or to both, an order in wTiting requiring him to
remove, alter, or enlarge such accommodation within a reasonable
time to be stated in the order, and such order may also, if it appears
necessary to the Resident, jDrescribe the site to which such accom-
modation is to be removed, the nature of the alterations to be made
or the manner in which, and the extent to which, the accommodation
is to be enlarged, and may further declare that no assistants or
other employees as stated in the order may be permitted to occupy
such accommodation until such removal, alteration , or enlargement
has been carried out.

189. It shall be the duty of every employer to provide for every
labourer employed by him on an estate for whom he is bound either
by contract or agreement or under any written la\v to provide
house accommodation and for every labourer employed by him on
an estate who resides on such estate or on any other land owned or
leased by such employer or otherwise in his control

(a) sufficient and pro^ser house accommodation ;

(b) a sufficient suj)ply of wholesome water ;

(d) hospital accommodation and equipment ;

(c) medical attendance and treatment including diets in hospital ;
(/) a sufficient supply of medicines of good quality ;

190. (i) The house accommodation jirovided shall in all cases
fulfil all reasonable sanitary requirements and the surroundings
thereof shall be kept in a clean and sanitary condition.

(ii) Every employer who shall be guilty of housing any labourer
in a building the state of which, or of the surroundings of which,
is such as to endanger the healtli or safety of such labourer shall,
on conviction, be liable to a fine not exceeding one hundred dollars
for each labourer housed in such building.

191. On every estate upon which the labourers employed or
residing are not all of one nationality or race, the employer shall
provide separate lines for the labourers of each nationality or race
as the Controller shall direct.

192. (i) All lines erected after the commencement of this Enact-
ment upon any estate or upon other land adjacent to an estate
by an employer and intended for ]iermanent use shall, unless the
permission of the Controller is obtained to tlie contrary, be erected

LABOUR CODE. 377

in general accordance with one or other of the designs prepared
by order of the Chief Secretary to Government, and api)roved by
the Medical Officer, as suitable for the accommodation of laljourers
according to the nature of the site selected (cojiies of which shall be
obtainable free of charge by any employer on application to the
Controller) and shall be of such materials as are thereon specified.

(ii) Any employer desiring to erect lines intended for permanent
use not in accordance with a design so approved shall submit plans
in duplicate of the lines proposed to be erected to the Controller for
approval.

(iii) Drains shall be carried to such distance as the Medical Drains.
Officer shall in each case order.

193. All lines intended for permanent use shall be erected as sun-ouuaiugs
far as possible, having regard to all circumstances, from any jungle. kep°dean^^
A space of not less than 200 feet all round such lines shall wherever
possible be kept clear of jungle and of buildings, and it shall

be the duty of the resident manager to see that such space is kept
clear of refuse and excreta and that the lines are cleaned out daily
and all refuse in or near the lines collected and buried and to detail
a sufficient number of labourers daily to carrj^ out these duties.

194. Should it appear to the Medical Officer that any lines are insanitary uuea.
by reason of site, construction, size, or otherwise likely to endanger

the health of any labourers housed therein or of any other person,
he shall report accordingly to the Controller, and shall submit
with his report his recommendations as to the action necessary to be
taken ; and on receipt of such report it shall be lawful for the Con-
troller to give to the employer or to the resident manager, or to
both, an order in writing requiring him to remove, alter, or enlarge
or replace such lines within a reasonable time to be stated in the
order, and such order may also, if it a^ipears necessary to the Con-
troller, prescribe the site to which the lines are to be removed, the
nature of the alterations to be made or the manner in which, and
the extent to which, the buildings are to be enlarged, and may
further declare that no labourer or no more than a fixed number of
labourers as stated in the order may be permitted to occupy such
lines until such removal, alteration, or enlargement has been carried
out.

Chapter XVII.
WATER SUPPLY.

195. (i) The supply of water available for each labourer for water supply to
drinking, cooking, or bathing purposes shall be not less than such be adequate.
number of gallons a day as the Controller shall by order either
generally or for any particular estate direct.

(ii) Any emploA^er failing to provide the quantity of water ordered Penalty for not
by the Controller under this section shall be liable, on conviction, ^^equa't'e"
to a fine not exceeding one hundred dollars for each day during supply.
which the quantity provided shall fall short of the quantity ordered
to be available.

378

No. 6 OF 1912.

Protection of
water supply.

Proteotiou of
wells.

"Water supply
insufficient or
unwholesome.

196. The Medical Officer may at any time if it appears to him
necessary for the health of any labourers employed or residing
on an estate by order in writing direct the resident manager to
prevent the use for drinking, cooking, or bathing purposes of the
water from any river, stream, canal, tank, pond, well, or other
source of supply on the estate either absolutely or unless and until
certain precautions specified in such order have been taken or
enforced, as the case may be, and may in like manner direct the
resident manager to have any tank or well closed and any pond
filled up.

197. On any estate upon which there are wells the water of
which is or may be used for drinking, cooking, or bathing purposes
it shall be the dut}^ of the resident manager, if so directed by the
Medical Officer, to have all or any of such wells bricked or jDrotected
in accordance with one or other of the plans approved by the Chief
Secretary to Government, copies of which shall be obtainable free
of charge by any employer from the Controller.

198. Should it appear to the Medical Officer that the water
provided for the use of any labourers housed in any lines is insuffi-
cient in quantity or unwholesome in quality, he shall report accord-
ingly to the Controller, and on receipt of such report it shall be
lawful for the Controller to give to the employer or to the resident
manager, or to both, an order in writing requiring him within a
reasonable time to be stated in the order to increase or improve
the supply of water or to adopt any precautions regarding the use
of such water as may to the Controller seem necessary, and such
order may also declare that no labourer shall be permitted to use
the water the subject of such order unless and until such improve-
ment has been effected or such precautions have been taken or
enforced .

Chapter XVIII.
SANITARY ARRANGEMENTS.

Disposal of
night-soil.

Penalty.

Defective
latrine accom-
modation.

199. (i) The arrangements for the disposal of night-soil shall be
in accordance with the provisions of any rules made from time to
time by the Chief Secretary to Government under this Enactment
and published in the Gazette.

(ii) Every employer who shall neglect after receipt of a notice in
writing from the Medical Officer notifying him that the arrange-
ments for the disposal of night-soil on any estate are not in
accordance with such rules to take within a time specified in such
notice such steps as may be necessary to secure that the rules
are complied with, shall be liable, on conviction before the Court,
to a fine not exceeding one hundred dollars and to a further fine in
addition of ten dollars for each day during which such neglect shall
continue after the date of such conviction.

200. Should it appear to the Medical Officer that the latrine
accommodation for the labourers housed in any lines is such as to be
dangerous to the health of such labourers or of any other persons,

LABOUR CODE.

379

disinfectants.

the Medical Officer shall report accordingly to the Controller and
shall submit A^th his report his recommendations as to the action
necessary to be taken ; and on receipt of such report it shall be
lawful for the Controller to give to the employer or to the resident O'dw^^y^
manager, or to both, an order in writing to remove or alter the con-
struction of such latrine accommodation within a reasonable time
to be stated in such order, and the order may also, if it appears
necessary to the Medical Officer, prescribe the site to which such
latrine accommodation is to be removed or the alterations in con-
struction to be made, and may further declare that no labourer
may be permitted to use such latrine accommodation until such
removal or alteration has been carried out.

201. The Medical Officer may at any time, if it appears to him use of
necessary for the health of any labourers employed or residing on '^'^'"^'^
an estate, by order in writing direct the resident manager to have
any latrine immediately closed or disinfected in the manner pre-
scribed in such order and may by a like order give directions as

to the use of disinfectants generally on the estate.

Chapter XIX.

HOSPITAL ACCOMMODATION, EQUIPMENT, AND MEDICAL

ATTENDANCE.

202. (i) The Controller may at any time by order in writing Employer to
require any employer to construct within a reasonable time to be ™(fs^itai? .^
stated in such order and thereafter to maintain at his own expense

a hospital on or in the immediate neighbourhood of any estate
upon Avhich labourers are employed by him with accommodation
for such number of patients as stated in such order, or if there is
already a hospital maintained by such employer to enlarge or add
to such hospital, so as to provide accommodation for a further
number of patients as stated in the order ; and may further require
him to employ a registered medical practitioner as defined by " The
Medical Registration Enactment, 1907,"' to reside at and have
charge of such hospital or any hospital maintained by such employer,
and to provide such medical practitioner with fit and proper house
accommodation to the satisfaction of the Medical Officer.

rii) If two or more estates are so situated that the required Hospitals for

< ' . , -I • +1 two or more

accommodation for patients from such estates can be convementiy adjacent
provided in one hospital the employers concerned may, with the ^^^^es.
sanction of the Controller, provide one hospital for such estates
instead of a separate hospital for each estate ; but in such case
every such employer and resident manager shall be responsible
for the due maintenance of such hospital and for the provision of
the prescribed staff, equipment, diets, and medicines and for the
observance of any rules made for the inspection and management
of such hospital and the furnishing of any returns required as if
such hospital were provided and maintained solely by him.

203. (i) The employer shall bear the expenses of the maintenance Maintenance

~ \y ^ ,'■, .IP ,,11 1 „ and treatment

and treatment ni such hospital of every contract labourer so long as of contract
he remains in such hospital who was^at the time of his admission {f^^g^^^T/"
to the hospital or within seven days previously employed on the

380

No. 6 OF 1912.

Maintenance
and treatment
of labourer un-
der agreement.

Sick labourer
admitted to a
Government
hospital.

Penalty for not
takinsjsiok
labourer to
hospital.

Estate hospitals
to be visited by
a qualified
medical
practitioner.

Estates on
which a hosjiital
is not main-
tained.

estate, and shall not be allowed to recover such expenses from the
labourer either by deduction from wages or otherwise, but shall not,
except as may be provided in the contract of such labourer, be
required to pay wages in respect of any time during which the
labourer is in hospital.

(ii) In the case of a labourer who was employed under an agree-
ment the employer shall defray the expenses of his maintenance and
treatment in such hospital so long as he remains in hospital, but
may recover from such labourer the expenses of his treatment and
maintenance at such rate as the Controller, with the approval of the
Chief Secretary to Government, may from time to time prescribe
by notification in the Gazette in respect of any period in excess of
thirty days during which such labourer shall have remained in
the hospital.

204. If a labourer at the time of his admission to a Government
liospital or within ten days previously was employed on or after
employment was residing on any estate the resident manager
shall pay the expenses of his maintenance and treatment in such
hospital at such rate as the Controller, with the approval of the
Chief Secretary to Government, may from time to time prescribe
by notification in the Gazette. Such expenses shall, whatever be
the amount, be recoverable from such resident manager in a Civil
Court at the suit of the Medical Officer in charge of such hospital,
and the certificate of such Medical Officer shall be sufficient 'prima
facie evidence that the amount therein specified is due from the
resident manager ; provided that unless such labourer was serving
under a contract no more than thirty days' expenses in hospital
shall be recoverable.

— — \

205. Any employer or resident manager who without reasonable
excuse, the proof whereof shall lie on him, shall fail to take, or
cause to be taken, to hospital any labourer employed on the estate
who requires medical treatment shall be liable, on conviction, to a
fine not exceeding fifty dollars, and upon conviction for a second
or subsequent offence committed within tAvo years from the date
of a previous conviction for such an offence shall be liable to a
fine not exceeding five hundred dollars.

206. Unless there is a registered medical j^ractitioner resident on
the estate in pursuance of Section 202 every estate hospital shall
be visited at least once in every month, and oftener if the Medical
Officer shall so require, by a private medical j^ractitioner holding
a qualification registrable by the Medical Council of the United
Kingdom of Great Britain and Ireland, and it shall be the duty of
the employer to make arrangements accordingly and of the resident
manager if he is not the employer to report to the employer if this
is not done.

207. On every estate on which an estate hospital is not required
to be constructed and maintained by the employer for the labourers
employed thereon it shall be the duty of the employer to make such
provision for the treatment of sick labourers as the Controller, after
consultation with the Medical Officer, shall in each case order.

LABOUR CODE. 381

Chapter XX.
INFECTIOUS AND CONTAGIOUS DISEASES.

208. (i) It shall be the duty of the resident medical practitioner, Duty to report
and in his absence or if there is no resident medical practitioner, onnfecuouf ^
of the resident manager, to isolate at once any labourer or other disease, etc.
person on an estate whom he may suspect to be suffering from any
dangerous infectious or contagious disease and detain under
observation any other persons whom he maj^ deem likely to have
contracted such disease and with the least possible delay to notify

the nearest Government Medical Officer, and pending the arrival on
the estate of the Medical Officer to take immediate steps to prevent
any person from occupying the building in which the person sus-
pected to be suffering from such disease has been housed.

(ii) Any person who neglects to perform to the best of his ability Penalty for
the duty imposed upon him by sub-section (i) shall be liable, on "'^"^'^ '
conviction by the Court, to a fine not exceeding five hundred dollars
or to imprisonment for a term not exceeding three months.

209. (i) On the occurrence of any infectious or contagious disease Duty of
on any estate it shall be the duty of the employer forthwith, if so make°speciai
directed by the Medical Officer, to set apart a place for the recep- fjfecuo'us^cases
tion of any labourers employed on the estate whom it shall appear and contacts.
necessary or desirable to segregate in the interests of the public

health or of any other labourers employed on the estate and to make
at his own expense such arrangements for the maintenance of such
labourers while so segregated and for the treatment of any labourers
suffering from such disease as may to the Medical Officer seem
necessary.

(ii) If it shall at any time appear to the Medical Officer that a Powers of
labourer employed on any estate is suffering from a contagious or io^re'move
infectious disease or that it is other\^ise necessary in the interest of infectious cases
the public health or of the health of any other labourers employed
on the estate that he be removed and placed under medical super-
vision, it shall be lawful for the Medical Officer to cause such labourer
to be removed to such place as he may direct and there to be
detained until discharged by order in writing under the hand of a
Medical Officer of Government.

Chapter XXI.
GENERAL.

210. (i) It shall be the duty of the resident manager Employer to

provide

(a) to have every labourer emplo3'ed on the estate who requires appliances for
medical treatment taken Avith the least possible delay to SboSer's'to
the hospital provided for labourers employed on the '»°spita'-
estate or, if there is no such hospital, to the nearest
Government hospital ; and

{h) to make such arrangements and to provide such appliances
for the transport of sick labourers to hospital as the
Medical Officer may from time to time order.

382

No. 6 OF 1912.

Removal of
labourer to
hospital.

Duty of kan-
ganis, etc., to
report cases of
sickness.

Penalty.

Eations may be
ordered to be
supplied
according to
prescribed
scales, and
reductions in
despect thereof
may be made
from wages.

E. 32 of 1914.

(ii) Any Medical Officer may order any labourer on an estate who
requires medical treatment to be removed to hospital.

211. (i) It shall be the duty of every headman, kangani, mandor,
or other person in immediate charge of any gang of labourers to
report immediately to the resident manager the absence of any
labourer from work on account of sickness.

(ii) The resident manager and any Magistrate shall have power
to fine any person who neglects to furnish the report required by
sub-section (i). Such fine shall not exceed five dollars for each such
offence and may be deducted from the wages of such person. A
record thereof shall be kept by the resident manager and shall be
open to inspection by the Controller.

211a. (i) The Chief Secretary to Government may from time to
time by notification in the Gazette prescribe scales of rations, cooked
and uncooked, for different classes of labourers and may also in like
manner fix the maximum deductions which may be made by an
employer from wages in respect of each such ration supplied by him.

(ii) Every employer shall, if so required in writing by the
Controller, supply to all labourers employed by him (other than
contract labourers) or to all labourers of a particular class specified
in the requisition and to all children over one year and under
twelve years of age living with and dependent upon such labourers
rations according to such of the scales prescribed under sub-section
(i) as shall be specified in the requisition and shall continue to
supply such rations, until such requisition be withdrawn by the
Controller in writing, to every such labourer being from time to
time under agreement with him and to all children over one year
and under twelve years of age living with and dependent on such
labourer; provided that in the case of children under ten years
of age only one-third rations and in the case of children of ten
years and over only half-rations need be supplied.

(iii) For and in respect of all rations supplied in pursuance of
such requisition of the Controller as is mentioned in sub-section (ii)
.the employer shall be entitled to deduct from the wages of the
labourer the sum fixed by the Chief Secretary to Government under
sub-section (i) as the maximum deduction which may be made in
respect of such rations ; provided that such deduction shall not
exceed the actual cost to the employer of such rations and shall not
be made from any wages accrued due to the labourer before the
date of the Controller's requisition.

(iv) When such a requisition as is mentioned in sub-section (ii)
has been made, the employer shall day by day supply rations as
therein specified to all labourers to whom the requisition relates and
to all children (if any) living with and dependent on them, whether
work is done by the labourers or not, so long as the labourers remain
in his employment ; provided that

(a) in the event of any labourer or child being removed to
hospital the rations supplied sliall be in accordance with
the scale prescribed for patients in hospital and not
according to the scale prescribed under sub-section (i) ;
and

LABOUR CODE.

383

{h) no deduction shall be made in respect of rations supplied

in hospital except in accordance \vith the pro\'isions of

Section 203.

(v) Any employer who shall omit to comply with a requisition

made under this section or who shall make any deduction in respect

of rations supplied in pursuance of such requisition otherwise than

in accordance with the provisions of this section shall be liable to

a fine not exceeding two hundred dollars and to an additional fine

not exceeding fifty dollars for each day during which such omission

is or has been continued.

211b. The Controller or a Medical Officer may by order in MTiting Special order
at any time require the employer of any labourer to supply such rations or
labourer with cooked rations, either in accordance with one of the iiospitai rations
scales prescribed under sub-section (i) of Section 211a or in accor- e. 32ofi9i4.
dance mth the scale for native patients for the time being in force
in Government hospitals, for such period not exceeding one month
as shall be specified in the order, and anj^ employer who shall omit
to comply with such order shall be liable to a fine not exceeding
ten dollars for each day during which such omission continues in
respect of each and every such labourer.

211c. When any requisition by the Controller under Section 211a Cooks.
for the supply of cooked rations or any order by the Controller or e. 32 of 1914.
a Medical Officer under Section 211b has been made, the Controller
may require the employer to employ and the employer shall
thereupon employ in the preparation of such cooked rations such
number of cooks approved by the Controller as the Controller shall
consider necessary.

211d. Any labourer who, without the consent of his employer, penalty for
sells, barters, or disposes of for profit any ration, cooked or uncooked, rfuonf '"
provided by liis employer under the provisions of this Enactment supplied.
shall be liable to imprisonment of either description for a period not e. 32 ot 1914.
exceeding seven days ; and any person who without such consent
as aforesaid knowingly buys, takes in exchange, or otherwise receives
any such ration shall be liable to a fine not exceeding twenty-five
dollars or to imprisonment of either description for a period not
exceeding one month.

211e. Any employer may, with the written sanction of the
Controller, agree with his labourers or any of them that he shall
supply such labourers with

(a) rations according to one or other of the scales prescribed
under Section 211a or according to such other scale as
shall be specially approved in writing by the Controller
after consultation with the Principal Medical Officer,
Federated Malay States, or

{b) rice in such quantities as the labourers may require and at
a price not exceeding a specified rate

and may deduct from the wages of each such labourer the actual
cost of rations or of rice so supplied to him, as the case may be ;
provided that no deduction so made shall

Supply of
rations or rice
and deduction
from wages by
agreement.

E. 32 of 1914.

384

Xo. 6 OF 1912.

Particulais of
rations and
dedactions to
be notified to
labourers.

Z. 32 of 1914.

Power of
Medical OfiBeer
to order quinine,
etc., to be
administered.

Bailj inspection
of lines.

(1) ill the case of rations, exceed, except with the A^Titten

sanction of the Controller, the maximum deduction fixed
under Section 211a in resiDcct of the scale of rations, if
any. prescribed under that section for the class of labourers
to which such labourer belongs ;

(2) in the ca^e of rice, exceed the amount Avhich the rice supplied

would cost at the rate specified as in paragraph (h)
provided.

211f. Every employer who is by a requisition under Section 211a
or by an order under Section 211b directed to supply rations to
any labourer and every employer who supphes rations or rice by
agreement under Section 211e shaU keep conspicuously exhibited
on the place of emplo^iuent and at all lines occupied by any
labourer to whom rations are directed to be suppHed or to whom
rations or rice are agreed to be supplied notices, expressed in the
native language or languages of such labourers, containing full
particulars as to

(a) the scale according to which rations are directed or rations

or rice are agreed to be supplied ;

(b) the maximum deduction permitted to be made from wages

in respect of rations or rice supplied.

212. The Medical Ofiicer may at any time if it appears to him
necessary for the health of the labourers employed on any estate by
order in -oTiting to the resident manager direct

(a) that quinine be regularly administered free of charge in

such doses and at such times as shall be stated in the
order to aU or any persons or to any class of persons
employed or residing on the estate ;

(b) that all or any of the labourers employed on the estate be

vaccinated ;

(o) that hot coffee or congee be provided at such times as shall
be stated in the order, free of charge and in addition to
the diets, if any, which the employer is bound to supph',
to all or any labourers or to am" class of labourers employed
on the estate.

213. (i) It shall be the duty of the employer to provide that
all lines are visited and inspected daily by a dresser or other
responsible person Avho shall report to the resident manager if the
lines are not kept clean or if any refuse is allowed to accumulate in
the neighbourhood of the lines, and shall also examine and if neces-
sary take, or cause to be taken, to hospital any labourer found on
the hues who appears to be suffering from any complaint and report
to the resident manager that he has done so.

(ii) In any ca.se where the Medical Ofiicer shall consider that the
Wsits, inspections, or other duties prescribed bj* sub-section (i) are
not satisfactorily carried out he may notify the resident manager
accordingly, specifying the matters in respect whereof he is not
satisfied, and the resident manager shall thereupon make such
further or other arrangements, \\hether by substituting a dift'erent

LABOUR CODE. 385

dresser or person to perform the said duties or otherwise, as the
Medical Officer may require.

214. (i) It shall be lawful for an employer or resident manager, Employer may
with the approval of the Controller, to make and publicly notify ^gufauo":!^"^'
sanitary regulations for observance on an\' estate.

(ii) Any labourer guilty of wilfully disregarding any sanitary penalty.
regulation made and publicly notified under sub-section (i) and
any labourer neglecting or refusing to go to hospital when so ordered
by the resident manager, the resident medical practitioner, or a
qualified dresser shall be liable, on conviction, to a fine not exceed-
ing five dollars or to imprisonment for a term not exceeding fourteen
days.

215. Any employer omitting to comph- with any of the provisions Neglect by
of Section 189 or with any order made under Section 194, 198, 200, comply wicu
202, 207, or 209 shall be liable, on conviction by the Court, to a fine o-^ders.
not exceeding two hundred and fifty dollars and to a further fine

of fifty dollars a day for every day during which such default shall
continue.

216. Am^ resident manager neglecting or refusing to comply ^^ith xegiectby
any order made under Section 196, 197, 201, 210, or 212 or with ager to^compiy
any requirement of a Medical Officer under Section 213 shall be withordera.
liable, on conviction by the Court, to a fine not exceeding two
hundred dollars and to a further fine of ten dollars a day for every

da}' during which such default shall continue.

217. Every emploj'er or resident manager who shall ofEences against

(a) fail to provide separate lines for labourers of separate 258?°°^ ^

nationalities as directed by the Controller ;

(b) erect or cause to be erected any lines intended for permanent

use which are not in accordance with a design approved
as suitable for the class of site selected or without having
first submitted plans of such lines for approval and
obtained such approval, as the case may be ;

furnish within the prescribed time any return required
to be forwarded by him under any rule made under the
said section ;

shall be liable, on conviction, to a fine not exceeding two hundred

dollars.

PART IX.

PROVISIONS RELATING TO PLACES I^XFIT FOR
THE EMPLOYMENT OF LABOUR.

Chapter XXII.

ENABLING POWERS.

218. (i) Any person who desires to engage labourers for a place inspection oi
of employment on which labourers have not hitherto been employed employment
or have not been employed within the preceding twelve months or ^^e^fof™^'"^'
who desires to increase the number of labourers already on such labourers or
place of employment so that the existing arrangements will be falfourers.
inadequate and insufficient for such increase of labourers shall give

11—25

386

No. 6 OF 1912.

Permission
required.

EsemptioE.

Prohibition of
further engage-
ment of

labourers where
arrangements
are inadequate.

Eemoval of
I-rohibitions.

Penalty for

causing or

permitting

labourers

to reside in

unhealthy

locality.

Power to Chief
Secretary to
Government to
j>rohibit
employment
of 1 abourcrs or
class of labour-
ers when
supervision is
inadequate.

notice in writing of his desire to the Controller, who shall as soon
as possible enquire into and inspect the arrangements which have
been made for the residence and emploj^ment of labourers on such
place and may either permit or refuse to permit the employment
of labourers or of additional labourers, as the case may be. If he
refuses he shall forthwith furnish a report in writing to the Resi-
dent. No person shall employ or permit to reside on such place
any labourers or additional labourers, as the case may be, without
the permission in \vriting of the Controller.

(ii) The provisions of this section shall not apply to any person
employing less than fifty labourers on any one place of employment
unless such labourers are contract labourers.

219. (i) If the Controller shall at any time have reason to believe
that the arrangements made for the residence and employment of
labourers on any place of employment where labourers are living
or employed are from any cause inadequate for the residence and
employment of additional labourers on such place or that the health
or condition of the labourers living or employed on such place is
from any cause unsatisfactory, he shall have power by order under
his hand conveyed to the employer to prohibit the employment of
additional labourers on such place, and it shall thereupon be
unlawful for any person to employ or permit to reside«on such place
any labourers other than those who were residing or employed
thereon before the issue of such notice.

(ii) On subsequent proof being furnished to the satisfaction
of the Controller that adequate arrangements have been made for
the residence and employment of additional labourers on such
place of employment or that the health and condition of the
labourers living or employed thereon have become satisfactory the
Controller may rescind the order made under sub-section (i), and
thereupon it shall be lawful for the employer to engage labourers
for such place.

220. Any employer who shall permit the residence or employment
of labourers on any part of the place of employment in contraven-
tion of Section 218 or Section 219 shall be liable to a fine of five
hundred dollars or to imprisonment of either description for a
period not exceeding six months.

221. (i) If the Controller shall at any time have reason to believe
that there is no supervision of labourers, or that the supervision
provided on any estate or place of employment is inadequate or
ineffective to secure labourers or any class of labourers from ill-
treatment or ill-usage, it shall be lawful for the Controller to make
such requisitions on the employer as he may deem necessary for
obtaining the necessary supervision and causing such ill-usage and
ill-treatment to cease, and unless the same are forthwith complied
with the Controller shall furnish a full report of the case to the Chief
Secretary to Government who may, after consultation with the
Resident, make an order prohibiting the further employment after
a date to be named in such order of labourers or of any class of
labourers on such estate or place of employment, and on the public a-

LABOUR CODE.

387

tion of the order in the Gazette it shall be unlawful for any person
after the day named in such order to employ or permit to reside on
such estate or place of employment any labourers or class of
labourers specified in such order until the Chief Secretary to Govern-
ment shall cancel such order.

(ii) If the Controller shall at any time have reason to believe order in cases
that any estate or place of employment is unfit for the emplojrment ^f 'emp^dymeut
of labourers or any class of labourers he shall furnish a report in isu^^it-
writing to the Chief Secretary to Government who may, after
consultation with the Resident, make an order to the same effect
as an order under sub-section (i).

(iii) No order shall be made under this section by the Chief
Secretary to Government until the employer shall have had an
opportunity of shewing cause against the making of an order and
of producing evidence.

222. Any person who acts contrary to the terms of any order
made under the provisions of Section 221 shall be liable, on convic-
tion, to a fine of one thousand dollars with an additional penalty
of two hundred dollars a day after the first day's disobedience
during the continuance of such contrary action.

Penalty for
disobedience to.
an order.

Separating
laaiilies.

PART X.

SPECIAL OFFENCES.

Chapter XXIII.

OFFENCES AGAINST LABOURERS.

223. (i) Any person separating, or abetting the separation of, a
labourer from his wife or from his children under the age of fifteen
years or from any person dependent on him without in any of the
above cases his or their consent shall be liable to a fine not exceeding
one hundred dollars, and any agreement or contract involving such
separation shall be void, and such wife, children, or dependent shall
be forthwith restored to the labourer by the Controller.

(ii) In the event of an agreement or contract with any married
labourer being determined the agreement or contract of the husband
or wife, as the case may be, of such labourer shall ipso facto be
determined and any employer refusing to allow the husband or wife,
as the case may be, to accompany such labourer shall be liable to
a fine not exceeding one hundred dollars.

• 224. Any person who, whether alone or in combination with Penalty for
others, hinders or molests byword, gesture, or act any labourer in "bo^erf
the performance of his agreement or contract, shall be liable to a
fine not exceeding two hundred dollars or to imprisonment of
either description for a period not exceeding six months.

225. (i) Any person who Crimping.

(a) shall knowingly seduce or take, or attempt to seduce or
take, from his service or employment any labourer ; or

388

No. 6 OF 1912.

fenalty.

Payment of fine
to employer.

Wrongful
dismissal or
detention of
labourer.

Penalty.

Debiting
labourer with
improper
charges.

Obstruction of
labourer by
employer.

(6) shall take into his own service or employment any labourer
bound by agreement or contract to serve another person,
or shall conceal or harbour any labourer who shall have
absented himself without leave from his employment, and
shall in either such case fail to prove that he first used
reasonable and proper diligence to satisfy himself that
such labourer was not bound by agreement or contract
to serve another person ; or

(c) shall after receiving notice in writing that a labourer is
bound by agreement or contract to serve another person
knowingly retain such labourer in his own service ;

shall be liable, on conviction, to a fine not exceeding one hundred
dollars or to imprisonment of either description for a period not
exceeding three months, or to both, in respect of each and every
such labourer, and on conviction for a second or subsequent offence
under this section to imprisonment for any period not exceeding
six months.

(ii) The whole or any portion of any fine recovered under this
section may be awarded by the Court before which the conviction
is had to the employer of the labourer in respect of whom such
conviction may be had.

226. Every employer who without reasonable excuse (the proof
whereof shall lie Avith him) shall

(a) dismiss from his service without notice (except as herein-

before provided) any labourer under contract or agreement
with him, such contract or agreement not having been
duly determined as hereinbefore provided ; or

[b) refuse to allow a labourer whose contract or agreement has

been determined in any of the ways hereinbefore provided
to leave his service ;

shall be liable, on conviction, to a fine not exceeding fifty dollars
or in default to simple imprisonment for a term not exceeding one
month, and the whole or any portion of any fine recoverable under
this section may be adjudged by the Court to be paid to the labourer.

227. If any employer of contract labour who is bound by the
terms of his contract to supply a contract labourer free of charge
with clothing or other articles shall debit such labourer with such
charges, or if any employer who is bound to pay stamp duty or
other fees on making a contract under this Enactment or for its
endorsement shall charge a contract labourer with such duty or fees
he shall be guilty of an offence and be liable, on conviction, to a
fine not exceeding fifty dollars.

228. Any employer who in any way obstructs any labourer in
apjjcaring before the Controller in pursuance of this Enactment or
fails or neglects to pay his wages within the time provided by this
Enactment shall be liable to a fine not exceeding one hundred
dollars.

LABOUR CODE.

Chapter XXIV

(^^

OFFENCES BY LABOURERS.

229. Every labourer who shall without reasonable cause to be offences by
allowed by the Court labourer.

fa) neglect or omit to fulfil his contract or neglect or refuse to
attend at the time or place arranged to commence or
carry on an}' work or, if there is no special arrangement
as to the time, at such time as is customary according
to the nature of the employment of such labourer ; or

(b) leave unfinished or refuse to finish any work agreed or

contracted to be done ; or

of the property of his employer, disobedience of lawful
orders, insolence or other misconduct in the service of
his employer ; or

(d) quit the service of his employer without leave or abscond

from the place of his employment or desert, or attempt
to desert, from the service of his employer, his contract
or agreement not having been duly determined as here-
inbefore provided ;

shall be liable, on conviction, for the first offence to a fine not
exceeding twenty-five dollars or in default to imprisonment for a
term not exceeding one month, and for a second or subsequent
offence to a fine not exceeding fifty dollars or to imprisonment of
either description for a term not exceeding three months or to
both, and the whole or any portion of any fine recoverable under
this section may be adjudged by the Court to be paid to the employer.

230. Any labourer who wilfully breaks an agreement or contract, wiifui breach
knowing or having reason to believe that the probable consequences orc^traorby
of his so doing, either alone or in conjunction with others, will be labourer ia
to cause the stoppage of work in or upon any estate, factory, mine, w'itTothers.
or place of employment in such a manner as may be attended with

serious loss to the owner of the same or serious inconvenience to the
public shall be liable, on conviction before the Court, to a fine not
exceeding one hundred dollars or to imprisonment of either descrip-
tion for a term not exceeding six months, and upon a second or
subsequent conviction for the same offence he shall be liable to a
fine not exceeding two hundred dollars or to imprisonment of either
description for a term not exceeding twelve months.

Any labourer who on any day other than a recognized holiday e. 32 of 1914.
absents himself from work in conjunction with others in such a
manner as to cause delay or stoppage of the Avork on which he is
employed shall be deemed to have committed the offence described
in this section.

390

No. 6 OF 1912.

Neglect to
labour.

Disobedience to
orders and
refusal to work.

Expenses ol
arrest.

231. Any labourer who shall without reasonable excuse neglect
or refuse to do as required by his employer at least twenty days'
work in any one month, such work being reasonable and proper,
shall, on conviction, be liable to imprisonment of either description
for a period not exceeding seven days.

232. Any labourer who without reasonable excuse disobeys any
lawful order given by his employer or wilfully and knowingly omits
to do any duty necessary to be done by him for the management,
discipline, and good order of the place of employment shall be liable
to a fine not exceeding fifty cents, and for a second or subsequent
offence shall also be liable to imprisonment of either description
for a period not exceeding fourteen clays.

233. Every labourer convicted under Section 229 (d) shall in
addition to any punishment be liable to repay to his employer the
amount of any moneys, not exceeding ten dollars, which may be
proved to have been reasonably expended, Avhether by way of
reward or otherwise, in effecting his arrest and securing his con-
viction.

Penalty for
absence during
working hours.

Meaning of
desertion.

Meaning of
attempt.

234. A labourer who is absent from his employment without
reasonable excuse during working hours shall be liable to a fine not
exceeding fifty cents.

235. (i) A labourer deserts from his employer's service when he
is continuously absent from his place of employment for more than
twenty-four hours, exclusive of any Sunday or authorized holiday,
without leave from his employer or without reasonable excuse, or
when he is absent from his place of employment under such cir-
cumstances as shew that he does not intend to return to perform
his agreement or contract.

(ii) A labourer shall be deemed to attempt to desert from his
employer's service if he is found either on or off his place of employ-
ment under circumstances from which it may be reasonably inferred
that he intends to desert.

Meaning of
reasonable
excuse.

236. Ill-treatment of a labourer by his employer or the neglect
of the employer to fulfil any condition of the labourer's agreement
or contract may be deemed to be a reasonable excuse under this
Part.

Arrest of
deserters and
absentees.

237. If any labourer deserts, or attempts to desert, from his
employer's service, or is unlawfully absent from his place of employ-
ment, or leaves, or attempts to leave, a place in which he has been
ordered to remain for medical treatment under the provisions of
this Enactment without leave from the officer in charge of such
place, any officer of the department of the Controller may without
warrant and without the assistance of any police officer (who,
nevertheless, shall be bound to give such assistance if called upon
to do so) apprehend such labourer wherever he may be found and
take him back to the place of employment or to the place in which
he was ordered to remain as aforesaid or to a police station.

LABOUR CODE. 391

238. Any labourer who wilfully inflicts on himself any injury or Labourer
wilfully does any act by which he may be made unable to work, hfmsew?
and any person abetting within the meaning of the Penal Code
the infliction of such injury or the doing of such act, the injury or
act being of such a character as to prevent the labourer from
labouring according to the terms of his agreement or contract, shall
be liable to imprisonment of either description for a period not
exceeding one month.

Chapter XXV.
GENERAL.

239. If any employer or other person wilfully obstructs or Penalty for
impedes any entry, inspection, enquiry, or investigation made under fnspectionit
this Enactment or commits, with respect to such entry, inspection, eaquiry.
enquiry, or investigation made, any offence described in Chapter X

of the Penal Code," he shall be punished as provided in Chapter X
of the Penal Code.

240. Every person who is guilty of an offence against the pro- ^^^^^f^
visions of this Enactment or of any rules made thereunder for which ^^°* ^'
no penalty is othermse provided shall be liable, on conviction, to

a fine not exceeding one hundred dollars and for a second or subse-
quent offence under the same section or rule committed within one
year of the conviction for the former offence to a fine not exceeding
two hundred and fiftv dollars.

PART XI.

PROVISIONS RELATING TO PROCEDURE, ACTIONS,
AND RULES.

Chapter XXVI.

PROCEDURE.

241.\The Court shall have power to try any offence and to impose ^^^j^f^*|^
any fine or penalty under this Enactment.

242. The Controller shall have the right to appear and be heard ControUermay
before all inferior Courts, civil or criminal, in any proceeding under ^^p^""^-
this Enactment.

243. Any prosecution under this Enactment may be \vithdrawn Prosecution
"by the Controller before judgment, and a fresh prosecution in- ?rawn? '^"'''"
stituted for the same offence under the Penal Code or other law
applicable to the circumstances of the case.

243a. Where the Controller, or any officer performing the duties Powertodeai

or exercising the powers conferred on the Controller, has for the purpose Taken'^down by

of enquiring into any matter under this Enactment taken down any another officer.
evidence or made any memorandum and is prevented by death, transfer,

392

No. 6 OF 1912.

Penal Code.

Public servants.

Public place.

Exemption of
labourer from
penalty i£
wages unpaid.

Punishment
not to
determine
agreement or
contract.

or other cause from concluding such enquiry, any successor to such
Controller or other officer may deal with such evidence or memorandum
as if he had taken it down or made it and proceed with the enquiry
from the stage at which his predecessor left it.

244. Nothing in this Enactment shall interfere with the operation
of the Penal Code, or the criminal law in any case in which its
provisions may be applicable, but so that no person be punished
twice for the same offence.

245. For the purposes of this Enactment and of the Penal Code,
the Controller and all officers duly appointed or authorized under
this Enactment shall be deemed to be public servants.

246. For the purpose of any criminal prosecution, every estate,
factory, mine, or place in which ten or more labourers are employed
shall be deemed to be a public place.

247. No remedy under any provision of this Enactment shall be
enforced against any labourer for neglect or refusal to work, or for
absence from work, or for absconding, if at the time of the alleged
neglect, refusal, absence, or absconding his wages shall have re-
mained unpaid for a period exceeding that by this Enactment
prescribed, or exceeding the period (if any) stipulated in his agree-
ment or contract : provided always that at least forty-eight hours
before the time of such alleged neglect, refusal, absence, or ab-
sconding the labourer shall have demanded from his employer, or
from the person representing such employer, the payment of wages
due to him, and such emploj'er or representative shall have refused
or failed to pay the same.

248. No punishment, whether by way of fine or imprisonment,
suffered under the provisions of this Enactment shall, unless the
Court so direct, be held to determine any agreement or contract
which was in force at the time the offence was committed.

Enactment no
bar to civil suit.

Onus of proof.

Certified state-
ment under
Section 6G.

249. Nothing in this Enactment shall operate to prevent any
employer or labourer from enforcing their respective civil rights
and remedies for any breach or non-performance of an agreement or
contract by any suit in Court, in any case in which proceedings
are not instituted, or, if instituted, are not proceeded with to
judgment and satisfaction under this Enactment.

250. In all proceedings under Chapter XV or under Part VIII
the onus of proving that he is not the employer or resident manager
or the person whose duty it is under such Chapter or Part or under
any rule made thereunder to do or abstain from doing anything shall
be on the person who alleges that he is not the employer, resident
manager, or other person, as the case may be.

251. A copy of the written statement made by any employer
under Section 6G certified by the Controller as a true copy shall be
received in evidence in any prosecution under that section and shall
be conclusive evidence of the statement made by the employer to
the Controller under the said section.

LABOUR CODE.

393

251a. (i) A summons issued by the Controller under Section 116, service ot
Section 126a, or Section 126b may be served on any person by ^"^"^"^g^^
delivering or tendering to him a copy thereof signed by the Controller
provided that

(a) if the person to be summoned have an agent empowered to
accept service of the summons on his behalf, service on
such agent shall be sufficient ;

{b) if the person to be summoned cannot be found and have
no agent empowered to accept service of the summons
on his behalf, service on any adult male member (not
being a servant) of the family of the person to be summoned
who is residing with him shall be sufficient.

When such summons as aforesaid is addressed to a corporation,
it may be served

(a) by leaving a copy thereof, signed by the Controller, at the

registered office (if any) of the corporation ;

(b) by sending such copy by post in a letter addressed to the

corporation at its princii^al office, whether such office be
situated within the Federated Malay States or elsewhere ;

principal officer of the corporation.

(ii) When the serving-officer delivers or tenders a copy of the
summons to the person to be summoned or to an agent or other
person on his behalf, he shall require the signature of the person to
whom the copy is so delivered or tendered to an acknowledgment
of service endorsed on the original summons.

(iii) If

(a) such person refuses or is unable to sign the acknowledg-

ment, or

(b) the serving-officer cannot find the person to be summoned

and there is no agent empowered to accept service of
the summons on his behalf nor any other person on whom
the service can be made,

the serving-officer shall affix a copy of the summons on the outer
door of the house in which the person to be summoned ordinarily
resides and then return the original to the Controller with a return
endorsed thereon or annexed thereto stating that he has so affixed
the copy and the circumstances under which he did so.

(iv) The serving-officer shall, in all cases in which the summons
has been served under sub-section (ii), endorse or annex, or cause
to be endorsed or annexed, on or to the original summons a return
stating the time when and the manner in which the summons was
served.

(v) When a summons is returned under sub-section (iii). the
Controller shall, if the return under that sub-section has not been
verified by the affidavit of the serving-officer, and may if it has been

394

No. 6 OF 1912.

Action on
Colonial
•warrant for
apprehension
of absconding
employer.

E. 2 of 1918.

SO verified, examine the serving-officer on affirmation touching his
proceedings and may make such further enquiry in the matter as
he thinks fit and shall either declare that the summons has been
duly served or order such service as he thinks fit.

(vi) Where the Controller is satisfied that there is reason to
believe that the person to be summoned is keeping out of the way
for the purpose of avoiding service or that for any other reason
the summons cannot be served in the ordinary way, the Controller
may order the summons to be served by affixing a copy thereof
in some consjjicuous place in or near the office of the Controller
and also upon some conspicuous part of the house, if any, in which
the person to be summoned is known to have last resided, or in
such other manner as the Controller thinks fit, or may order the
substitution for service of notice by advertisement in the Gazette
and in such local newspaper or newspapers as the Controller may
think fit.

(vii) The service substituted by order of the Controller shall be
as effectual as if it had been made personally on the person to be
summoned.

(viii) Whenever service is substituted by order of the Controller,
the Controller shall fix such time for the appearance of the person
to be summoned as the case may require.

251b. (i) Where a warrant has been issued in the Colony under any
Ordinance of the Colony for the apprehension of an employer who has
absconded or is absconding or is about to abscond from the Colony in
order to evade payment of wages due to any of his labourers, and
such employer is or is suspected of being in or on the way to the
Federated Malay States, a Magistrate in the Federated Malay States,
if satisfied that the warrant was issued by a person having lawful
authority to issue the same, may endorse such warrant in the manner
provided in this section, and the warrant so endorsed shall be a
sufficient authority to apprehend, within the jurisdiction of the
endorsing Magistrate, the employer named in the warrant, and bring
him before the endorsing Magistrate or some other Magistrate in the
Federated Malay States.

(ii) The Magistrate before whom an employer so apprehended is
brought, if he is satisfied that the warrant was issued by a person
having lawful authority to issue the same, and is satisfied on oath
that the prisoner is the person named or otherwise described in the
warrant, may order such prisoner to be returned to the Colony, and
for that purpose to bo delivered into the custody of the persons to
whom the warrant is addressed, or any one or more of them, and to
be held in custody and conveyed to the Colony there to be dealt with
according to law as if he had been there apprehended.

A Magistrate shall, so far as is requisite for the exercise of the
powers of this sub-section, have the same power, including the power
to remand and admit to bail a prisoner, as he has in the case of a
person apprehended under a warrant issued by him.

(iii) An endorsement of a warrant in pursuance of this section
shall be signed by the authority endorsing the same, and shall

LABOUR CODE. 395

authorize all or any of the persons named in the endorsement, and
of the persons to whom the warrant was originally directed, and also
■every police officer, to execute the warrant wdthin the part of the
Federated Malay States within which such endorsement is by this
Enactment made a sufficient authority, by apprehending the person
named in it and bringing him before some Magistrate in the said
part, whether the Magistrate named in the endorsement or some
other.

(iv) For the purposes of this section every warrant, and every
endorsement made in pursuance of this section thereon, shall remain
in force, notwithstanding that the person signing the warrant or
such endorsement dies or ceases to hold office.

252. (i) Where under this Enactment an order is made for the Recovery of
payment of money, and the same is not paid as directed, it may be
recovered as if it were a fine ; provided that, if it caimot he realized,
the imprisonment to he awarded shall he simple and for such term
not exceeding thirty days as the Court directs ; such imj)risonment
shall not he deemed to liquidate or discharge any amount ordered to

be paid hy an employer to a labourer on account of icages.

(ii) In the event of any person within the definition of the word
" Employer " being subjected to any fine or penalty under the
provisions of this Enactment such fine or penalty may, in addition
to any other means of recovery, be recovered by distress and sale
of the estate, mine, or place of employment, or of anj' property
belonging to such estate, mine, or place of employment.

253. Subject to any special provision to the contrary contained imprisonment
in this Enactment, from and after the determination of anj^ im- d'lsch^geof
prisonment suffered under this Enactment for non-paj^ment of comperSation,
the amount of any fine, compensation, or damages, A^ith the costs
assessed and directed to be paid by any order of Court, the amount

so ordered shall be deemed to be liquidated and discharged, and the
order shall be annulled.

money as

lines.

E. 2 of 1918.

254. When it is alleged by any party to a contract that the Enforcement of
condition of a recognizance or bond entered into or given for the or'bond.*^'^^
fulfilment of the contract under the provisions of this Enactment

has not been performed, the Court, being satisfied thereof, after
hearing the parties and the sureties (if any), or in the case of any
party or surety not appearing, after proof of service of summons
in that behalf, may order that the recognizance or bond be enforced
ior the whole or part of the sum secured, as to the Court may
seem fit.

255. When under this Enactment anj^ Court imposes a fine or Application of
enforces the paj^ment of any sum secured by recognizance or bond. reTovwed?"""^^
the Court may, if it think fit, direct that the whole or any part of

such fine or sum when recovered be paid to the party complaining.

256. The Controller shall make such reports to the Chief Secretary Reports by
to Government relative to the conduct of the duties of his office controUer.
in such form and with such particulars as the Chief Secretary to

396

No. 6 OF 1912.

Provisions
regarding
actions.

Government may from time to time direct and shall forward a copy
of such reports to the Resident of each State to which such reports
relate.

Chapter XXVII.

LIMITATION OF LIABILITY OF PERSONS EXERCISING

POWERS.

257. (i) No action shall be brought against any person for any-
thing done, or bond fide intended to be done, in the exercise or
supposed exercise of the powers given by this Enactment or by
any rules made thereunder.

(a) without giving to such person one month's previous notice
in writing of the intended action and of the cause thereof ;

(6) after the expiration of three months from the date of the
accrual of the cause of action ;

Power to make

rules.

Chapter XXVIII.

PROVISIONS AS TO RULES.

258. (i) The Chief Secretary to Government, in addition to the
powers expressly conferred by any other of the provisions of this
Enactment, may from time to time make rules

(a) subject to which immigrants may be engaged in the Feder-

ated Malay States for service in a country or State to which
Indian emigration is authorized ;

(b) to prescribe the ports in the Federated Malay States at which

all or any class of immigrant ships may call and the place
at such ports at which any such ships shall anchor ;

and at each port the place at which they shall land and the
route by which they shall be conveyed from the landing
place to the examination depot ;

(d) to prohibit all or any class of persons from boarding or

communicating Avith or approaching all or any class of
immigrant ships until the immigrants have disembarked ;

LABOUR CODE. 397

(e) to prescribe the information to be given by a creditor to
the Controller or Protector or to the keeper of a detention
depot with regard to each immigrant indebted to him for
passage money and advances ;

(/) for the management and regulation of depots established

under Section 8 ;
(g) to prescribe the fees

(1) which may be lawfully demanded of an immigrant

for the conveyance of such immigrant from an
immigrant ship to an examination depot ;

(2) which may be lawfully demanded from a creditor

for the use of a detention depot and for the main-
tenance of an indebted immigrant while detained
therein ;

(3) which may be lawfully demanded from a creditor for

the medical examination of an immigrant under
Section 35.

(h) To prescribe with regard to estate hospitals

(1) the nature of the accommodation and equipment to

be provided and maintained ;

(2) the description and quantities of diets for patients

to be provided ;

(3) the description of drugs and of surgical and medical

appliances to be kept in stock ; and also

(4) the number of dressers, hospital attendants, cooks,

scavengers, and other necessary servants to be
employed ;

(5) the quantities of each drug and the number of each

kind of surgical and medical appliance to be kept
in stock ;

at every such hospital according to the number of patients
for whom accommodation is provided therein.

{i) for the inspection and management of estate hospitals and
in particular to prescribe the duties of the resident medical
practitioner, and where there is no resident medical practi-
tioner of the dresser in charge, and the registers and
records to be kept at everj^ estate hospital in respect of every
patient treated thereat, with the form in which such
registers and records are to be kept and the particulars to
be included therein ; and

(/) to direct that duly authenticated returns of diseases, deaths,
and other matters relating to estates or estate hospitals
be furnished to the ]\Iedical Officer and other officers of
Government at such times and in such manner as may be
specified in such rules ;

(k) not inconsistent with the provisions of this Enactment
which may in his opinion be necessary to provide for the

398

No. 6 OF 1912.

Penalty for
breach of rules.

due carrying into effect of any of the provisions of this'.
Enactment.

(ii) Any person who is convicted of the breach of any rule made
under clause (e) or (/) of sub-section (i) shall be liable to a fine not
exceeding twenty-five dollars, and any person who is convicted of
the breach of any rules made under the other provisions of this
section shall be liable to a fine not exceeding five hundred dollars.

The First Schedule.
ENACTMENTS REPEALED.

I, — STATE ENACTMENTS.

State.

No. and

year.

Short title.

Perak

24 of 1899

The Labourers' Wages Priority En-
actment, 1899

Selangor

32 of 1899

Do.

Negri Sembilan

24 of 1899

Do.

Pahang

3 of 1900

The Labourers' Wages Priority En-
actment, 1900

15 of 1901

The Labour Enactment, 1901

8 of 1902

The Labour Enactment, 1901, Amend-

ment Enactment, 1902

Perak

11 of 1904

The Labour Enactment, 1904, No. 1
(General)

Selangor

16 of 1904

Do.

Negri Sembilan

11 of 1904

Do.

Perak

12 of 1904

The Labour Enactment, 1904, No. 2
(Chinese Mining)

Selangor

17 of 1904

Do.

Negri Sembilan

12 of 1904

Do.

Perak

19 of 1904

The Labour Enactment, 1904, No. 3
(Chinese Agricultural), Amendment
Enactment, 1904

Selangor

18 of 1904

The Labour Enactment, 1904, No. 3

(Chinese Agricultural)

Negri Sembilan

19 of 1904

The Labour Enactment, 1904, No. 3

Amended (Chinese Agricultural)

Perak

27 of 1904

The Labour Enactments, 1904,
Amendment Enactment, 1904

Selangor

23 of 1904

Do.

Negri Sembilan

26 of 1904

Do.

Perak

28 of 1904

The Indian Immigration Enact-
ment, 1904

Selangor

24 of 1904

Do.

Negri Sembilan

23 of 1904

Do.

Pahang

19 of 1904

Do.

11 of 1906

The Labour Enactment, 1901,

) J • '

Amendment Enactment, 1906

LABOUR CODE.

399

state.

Xo and
year.

Short Title.

Perak

14 of 1907

The Labour Enactment, 1904, No. 1
(General), Amendment Enactment,
1907

Selangor

3 of 1907

Do.

Negri Sembilan

3 of 1907

Do.

Perak

3 of 1907

The Labour Enactment, 1904, No. 2
(Chinese Mining), Amendment
Enactment, 1907

Selangor

4 of 1907

Do.

Negri Sembilan

4 of 1907

Do.

Perak

15 of 1907

The Labour Enactment, 1904, No. 3
(Chinese Agricultural), Amend-
ment Enactment, 1904, Amend-
ment Enactment, 1907

Selangor

5 of 1907

The Labour Enactment, 1904, No. 3
(Chinese Agricultural), Amendment
Enactment, 1907

Negri Sembilan

5 of 1907

Do.

Perak

5 of 1907

The Indian Immigration Enact-
ment, 1904, Amendment Enact-
ment, 1907

Selangor

1 of 1907

Do.

Negri Sembilan

6 of 1907

Do.

Pahang

6 of 1907

Do.

Perak

6 of 1909

The Truck Enactment, 1909

Selangor

7 of 1909

Do.

Negri Sembilan

7 of 1909

Do.

Pahang

10 of 1909

Do.

II. FEDERAL ENACTMENTS.

No. and
year.

Short title.

11 of 1910 The Chinese Immigrants Enactment, 1910

12 of 1910 The Labour Enactment, 1904, No. 1 (General), Amend-

ment Enactment, 1910

19 of 1910 The Estate Labourers (Protection of Health)Enactment,

1910

20 of 1910 The Labour Enactments, 1904, No. 2 (Chinese Mining),

Amendment Enactment, 1910

21 of 1910 The Labour Enactments, 1904, No. 3 (Chinese Agri-

cultural), Amendment Enactment, 1910

22 of 1910 The Indian Immigration Enactments, 1904, Amendment

Enactment, 1910
2 of 1911 The Tamil Immigration Fund Enactment, 1911
16 of 1911 The Labour Enactment, 1911

400

No. 6 OF 1912.

The Second Schedule.

Form A (Section 44).

I hereby certify that the person herein named and described is not
subject to the provisions of Part II of " The Labour Code, 1912."

Signed

Dated .

Controller of Labour.

Name.

Father's
name.

Age.

Sex.

Religion

and caste

(if any).

Place of
abode in
India.

Calling.

General de-
scription and
distinctive
marks.

Form B (Section 60).

For Emigrants shipped by s.s on.

By For

1
1

6
E

6
<

Place of
abode.

05
<0

'-3 to

Wages and

period of

service.

Place of
intended
service.

E. 32 of 1014. I hereby certify that the emigrants herein mentioned and

described have been examined and declared physically fit for work
as agricultural labourers {or as manual labourers, as the case may be),
and that having had the terms and conditions under which they

LABOUR CODE.

401

promise to labour fully explained to them they have severally stated
that they fully understand the same and are ready on arrival at their
destination to labour accordingly.

Signed

Dated.

Emigration Agent,
Madras.

Negapatam.

The Third Schedule.
(Section 66.)

Name

No.

labourer.

Of
employer.

Engagement.

Date of Place of

Name of

last
employer,

Place of

last
employ-
ment.

S <fi

I certify that the above is a correct statement as required by
Section 66 of the Labour Code, 1912, of the labourers engaged by me.

Dated Signature of Employer.

Note. — Fourth Schedule repealed by E. 32 of 1914.

n— 26

Short title and
commence-
ment.

Execution of
Treaties and
At'reements by
Higli Commis-
Bioner.

Evidence.

ENACTMENT NO. 8 OF 1912.

An Enactment to provide for the execution'^of ^Treaties
and Agreements entered into with thej^Rulers and
Chiefs of the Federated Malay States.

Arthur Young,

President of the Federal Council.

[21st September, 1912.
27th September, 1912.]

Whereas by an agreement signed and sealed in the month of July,
1895, the Rulers and Chiefs of Perak, Selangor, Negri Sembilan, and
Pahang agreed (inter alia) to constitute their countries a Federa-
tion to be administered under the advice of the British Government :
And whereas it is desirable in order that such agreement may
be more effectually carried out that His Britannic Majesty's High
Commissioner for the Malay States should be empowered after
having obtained the approval in writing of such Rulers and Chiefs
to execute Treaties and Agreements for and on behalf of the Rulers
and Chiefs of the Federated Malay States :

It is, therefore, hereby enacted by the Rulers of the Federated
Malay States in Council as follows : —

1. This Enactment may be cited as " The Treaties and Agree-
ments Validation Enactment, 1912," and shall come into force on
publication in the Gazette.

2. Any Treaty or Agreement expressed to be entered into by or
on behalf of the Rulers and Chiefs of the Federated Malay States
shall, if it is signed and sealed by His Britannic Majesty's High
Commissioner for the Malay States or his successors in office, or
in the event of his absence from the Federated Malay States or
the Colony of the Straits Settlements by the officer for the time
being carrying out the duties of such office, be as effectual and
binding as if such Treaty or Agreement had been signed and sealed
by the Rulers and Chiefs of the Federated Malay States by their
own proper hands and in their own proper persons.

3. The fact that any such Treaty or Agreement has been executed
as provided by Section 2 will be conclusive evidence that such
Treaty or Agreement has been duly approved in writing by the
Rulers and Chiefs of the Federated Malay States.

402

ENACTMENT NO. 9 OF 1912.

As amended by Fed. E. 20 of 1917.

An Enactment to repeal and re-enact with amendments
" The British and Foreign Companies Enactment,
1910."

Arthur Young,

President of the Federal Council.

[21st September, 1912.
27th September, 1912.]

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

1. (i) This Enactment may be cited as " The British and Foreign short title anj
Companies Enactment, 1912," and shall come into operation m^^"'^^
on the publication thereof in the Gazette.

(ii) The Enactment mentioned in the schedule is hereby repealed Repeal.
to the extent specified in the third column thereof.

(iii) All documents, particulars, and statements filed with the
Registrar of Companies under the provisions of the Enactment
hereby repealed and all rules made thereunder slWl, so far
as may be consistent with the pro\4sions of this Enactment, be
deemed to have been filed and made under this Enactment.

2. (i) Every company incorporated outside the Federated Malay particulars to
States which has prior to the commencement of this Enactment re^a^S"^'^
established a place of business or carried on business within the companies
Federated Malay States shall within four months from the date of ^t^sidetL
such commencement, and every company incorporated outside ^•^•^•

the Federated Malay States which shall after the commencement
of this Enactment establish a place of business or commence to
carry on business in the Federated Malay States shall M'ithin three
months after such place of business has been established or after
commencing to carry on such business file with the Registrar of
Companies at Kuala Lumpur

(a) a certified copy of the enactment, charter, statutes, or
memorandum and articles of association of the companj^
or other instrument constituting or defining the con-
stitution of the company, and if the instrument is not
Avritten in the English language, a certified translation
thereof ;

(&) an authenticated list of the directors of the company ;

some one or more persons resident in the Federated Malaj' ,

403

404

No. 9 OF 1912.

Annual

statement to be
filed by other
than private
companies.

States authorized to accept on behalf of the company
service of process and anj^ notices required to be served
on the company ;

and in the event of any alteration being made from time to time
in such instrument or in the directors or in the names or addresses
of any such persons as aforesaid, the company shall within six weeks
thereof file particulars of such alteration.

(ii) Any process or notice required to be served on the com-
pany shall be sufficiently served if addressed to an}' person whose
name has been so filed as aforesaid and left at or sent by registered
post to the address which has been so filed.

(iii) In this section —

The expression " certified " means certified in such manner as
the Chief Secretary to Government may from time to time by rule
prescribe to be a true copy or a correct translation, as the case
may be ;

The expression " authenticated " means authenticated by the
signature of a director or secretary of the company or in such
other manner as the Registrar of Companies may deem sufficient ;

The expression " place of business " includes a share transfer or
share registration office ;

The expression " director " includes any person occupying the
position of director by Avhatever name called.

Provided that this Enactment shall not apply to any company
incorporated outside the Federated Malay States and not having
established a place of business within the Federated Malay States
which shall sell outright or consign goods, wares, merchandise, or
things to any person within the Federated Malay States.

3. (i) Every company to which this Enactment applies other than
a private company shall within six months from the time when
it shall have established a place of business or commenced to carry
on business, whichever shall first happen, and thereafter at least
once in each calendar year, file with the Registrar of Companies
at Kuala Lumpur a statement, made up to such date as may be
specified in the statement, in the form of a balance sheet, audited
by the company's auditors, and containing a summary of its share
capital, its liabilities, and its assets, with such particulars as shall
disclose the general nature of such liabilities and assets and how the
values of the fixed assets have been arrived at, but the balance
sheet need not include a statement of profit and loss.

(ii) In this section the expression "private company" means a
company which by its articles

(a) restricts the right to transfer its shares ; and

(6) limits the number of its members (exclusive of persons who
are in the employment of the company) to fifty ; and

BRITISH AND FOREIGN COMPANIES. 405

4. Every company to which this Enactment applies, and which Provisions as
uses the word " Limited " or any word with the like meaning as ^LlLited-
part of its name, or which is a company having limited liability, companies.
shall

(a) in every prospectus, notice, circular, advertisement, or other

invitation offering to the public in the Federated Malay
States for subscription or purchase any shares or deben-
tures of the company state the country in which the
company is incorporated ;

(b) conspicuously exhibit on every place Avhere it carries on

business in the Federated Malay States the name of the
company and the country in which the company is in-
corporated ;

the company is incorporated mentioned in legible cha-
racters in all the bill-heads and letter paper and in all
notices, advertisements, and other official publication s of
the company.

***** Section 5 repealed

by E. 20 of 1917.

6. (i) If any company to which this Enactment applies fails to penalty.
comply with any of the requirements of Sections 2, 3, or 4, the
company and every officer or agent of the company shall be liable

to a fine not exceeding fifty dollars.

(ii) Any agent of any company to which this Enactment applies
shall be reimbursed by the company in default for every fine, and
all expenses of, and incidental to, such default Avhich may be in-
curred by him under this Enactment, and for such purpose he may
either before or after action taken by him reimburse himself by
selling or otherwise realizing anj' property in his control of the
company in default.

7. (i) It shall be the duty of the Registrar to report to the Public Dutyof Eegis-
Prosecutor all cases in which the provisions of this Enactment are companies.
contravened.

(ii) No prosecution shall be brought without the previous sanc-
tion of the Public Prosecutor.

8. (i) In all prosecutions under this Enactment a certificate certificate of
given by the Registrar under his hand that any document has not companTes.^
been filed with him or that any document filed with him was so

filed on a certain date shall be conclusive evidence of the facts stated
in such certificate until the contrary be proved.

(ii) Any copy of, or extract from, any of the documents kept and
registered in the office of the Registrar of Companies under this
Enactment shall, if duly certified under the hand of the Registrar
to be a true copy, be received in evidence in all legal proceedings,
civil or criminal, and in all cases whatsoever as if it were the original
document.

9. There shall be paid to the Registrar of Companies for register- Fees,
ing any document required by this Enactment to be filed with him

a fee of two dollars and fifty cents.

406

No. 9 OF 1912.

Application of
Enactment.

Pov^er to make
rules.

10. This Enactment shall cease to apply to any company in-
corporated outside the Federated Malay States which has ceased,
or shall hereafter cease, to have a place of business established
within or to carry on business within the Federated Malay States.

11. The Chief Secretary to Government may from time to time
make rules

(a) to prescribe the fees to be charged for the preparation and

certification of copies of, or extracts from, any document
filed under the provisions of this Enactment ;

(b) to prescribe the hours at which and the conditions under

which documents filed under the provisions of this Enact-
ment shall be open to inspection by the public and the
fees to be charged for such insj)ection ;

of instruments to be filed under Section 2 shall be certified ;

{d) generally to provide for the due carr3dng into effect of the
provisions of this Enactment.

Schedule.
FEDERAL ENACTMENT REPEALED.

No. and year.

Short title.

Extent of
repeal.

17 of 1910 . .

The British and Foreign Com-
panies Enactment, 1910

The whole

ENACTMENT NO. 10 OF 1912.

An Enactment to provide for the Defacement of Coun-
terfeit Coins by persons to whom they are tendered. ;

Arthur Young, [21st September, 1912.

President of the Federal Council. 27th September, 1912.]

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

1. This Enactment may be cited as "The Counterfeit Coin short title and
Enactment, 1912," and shall come into force upon the pubUcation ^S?^®°°^"
thereof in the Gazette.

2. In this Enactment the words '' counterfeit " and " public Desnition.
servant " shall have the meanings assigned to them by the Penal

Code, and " current coin " shall mean any coin made bj' law a legal
tender in the Federated Malay States or any of them.

3. (i) Where any coin shall be tendered as current coin to any coin suspected
person who shall suspect the same to be diminished otherwise than orcountel-Mt
b}' reasonable wear or to be counterfeit, it shall be lawful for such may becut by
person to cut, break, bend, or deface such coin, and if any coin so whom it is
cut, broken, bent, or defaced shall appear to be diminished other- sha'/rbear ti^^°
Avise than by reasonable wear, or to be counterfeit, the person io*s.
tendering the same shall bear the loss thereof ; but if the same

shall be of due weight and shall appear to be lawful coin, the person
cutting, breaking, bending, or defacing the same shall receive the
same at its face value ; and if any dispute shall arise whether the coin
so cut, broken, bent, or defaced be diminished in manner aforesaid or
counterfeit, it may be heard and finally determined in a summary
manner by any Magistrate, who is hereby empowered to examine
upon oath as well the parties as any other person in order to the
decision of the dispute.

(ii) It shall be the duty of every public servant to whom in the
performance of his duties there shall be tendered in payment of
any part of the revenues of the Federated Malay States or pre-
sented for inspection or otherwise any coin which shall appear to
be a counterfeit of current coin or to have been unlawfully diminished
to cut, break, or deface, or cause to be cut, broken, or defaced, every
such coin.

4. Where any person has prior to the commencement of this indemnity for
Enactment cut. broken, bent, or defaced any counterfeit coin which P^^t action.
has been tendered to him or has in any manner come into his
possession or under his control, such cutting, breaking, bending, or
defacing shall be deemed to have been lau-f ully done and such person
shall not be liable to any damages or to any prosecution, suit, or
other proceedings at the instance of any person whomsoever on
account of such cutting, breaking, bending, or defacing.

407

Short title and
commence-

Repeal.

Interpretation.

ENACTMENT NO. 13 OF 1912.

As amended by Fed. E. 24 of 1919.

An Enactment to repeal and re-enact with amendments
the Law for the better Regulation and Control of
Vehicles.

Arthur Youisg,

President of the Federal Council.

[21st September, 1912.
1st January, 1913.]

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

1. This Enactment may be cited as " The Vehicles Enactment,
1912," and shall come into force on the 1st day of January, 1913.

2. Upon the commencement of this Enactment the Enactments
specified in the schedule shall be repealed : provided that all appoint-
ments of officers made, acts of registration effected, licenses granted,
and plates and badges issued under any Enactment hereby repealed
shall, subject to the terms thereof, and so far as may be consistent
with the provisions of this Enactment, be deemed to have been
made, effected, granted, and issued under this Enactment.

3. In this Enactment, unless the context otherwise requires —

" Vehicle " includes all coaches, carriages, carts, gharries, shand-
ridans, wagons, omnibuses, hand-carts, bicycles, tricycles, multi-
cycles, and jinrikishas (other than jinrikishas used for hire or for any
trade purpose) which are used, or intended to be used, within the
Federated Malay States for the conveyance of persons, goods, or
merchandise.

" Driver " means the person for the time being in charge of any
vehicle, and includes any person who may have temporarily left a
vehicle unattended in any public place ;

" Hackney carriage " means a vehicle drawn by one or more
horses, and ordinarily used, or intended to be used, for the convey-
ance of passengers and their luggage for hire, but does not include an
omnibus ;

" Private carriage " means a vehicle drawn by one or more horses,
or a private jinrikisha ordinarily used, or intended to be used, for
the conveyance of jDcrsons only, and not used for hire or for any trade
purposes ;

'■ Omnibus " means a vehicle drawn by one or more animals,
ordinarily running regularly between certain points, and conveying
passengers at a sejDarate charge per head ;

408

VEHICLES.

409

"Animal" includes horses, jjonies, asses, mules, bullocks, and
buffaloes ;

'■ Sanitary Board " means a Sanitary Board duly appointed
according to law, and includes any member or servant of such Board
to whom the Board shall have, in writing, delegated all or any of the
powers given to it under this Enactment ;

" Registrar " means a Registrar of Vehicles appointed under this
Enactment ;

" Registration period " means the period betAveen any date fixed
by the Registrar under Section 1 1 and the date on which the effect
of any registration then effected expires.

4. The Resident of each State may, by notification in the Gazette,
from time to time appoint officers to act as Registrars of Vehicles
in such State, and except when expressly ordered to the contrary
by the Resident of any State such officers shall, in the execution of
their duties within the jurisdiction of any Sanitary Board, be subject
to the direction and control of such Board.

5. Every Registrar shall keep a register in which he shall describe Register to
every vehicle registered by him, and shall enter the name and address '°'^ ^^^^'
0/ the owner thereof.

Appointment
of Registrars.

All vehicles to
be registered.

6. Every vehicle kept within any State shall be registered as
hereinafter provided at the office of a Registrar in the district in
which it is kept : provided that any vehicle which has been duly
registered or licensed in any of the Federated Mala}' States, or in
the Colony, shall not be required to be re-registered or re-licensed
within the Federated Malay States during the period covered by
such registration.

7. (i) In the event of any registered vehicle being transferred to Registration of
different ownership, the transferor shall give notice of such transfer, "^""s^^^-
together with the name and address of the transferee, at the office of e. 24 of 191&.
the Registrar in which such vehicle is registered. Such notice,

together with his name and address, may also be given by the transferee.
Until such notice shall have been given by the transferor or transferee
the transferor shall continue to be liable for the due performance
and observance of all the provisions of this Enactment in respect of
such vehicle.

(ii) Any person acquiring the ownership of a registered vehicle
whose name and address shall not be on the register as the owner
of such vehicle, shall be deemed to be keejjing or using an un-
registered vehicle and be liable to the jDcnalties in such case
provided.

(iii) Upon receipt of the notice referred to in sub-section (i) the
Registrar shall, upon payment of a fee of twenty-five cents, register
the transfer unless good reason to the contrary appear.

(iv) Any transferor failing to give the notice required by sub-
section (i) shall be liable, on conviction before a Magistrate, to a fine
not exceeding twenty-five dollars.

410

No. 13 OF 1912.

Change of abode
by owner of
registered
vehicle.

E. 21 of 1919.

Penalty for
non-regis-
tration, etc.

Taxes and fees
on registration.

Exemptions.

7a. (i) Whenever the owner of a registered vehicle, not being the
holder of a license issued uiider this Enactment, changes his place of
abode, he shall forthwith, either personally or in writing under his hand,
notify such change to the Registrar, and the Registrar shall thereupon
enter i7i the register a memorandum of such change.

(ii) Any such owner who contravenes the provisions of sub-section (i)
shall be liable, on conviction before a Magistrate, to a fine not exceeding
ten dollars.

8. Subject to the proviso contained in Section 6 any person
keeping or using any unregistered vehicle, or using or allowing the
use of any vehicle required under this Enactment to be licensed
without such license having been obtained, or using a vehicle licensed
in one class as a vehicle of another class, except as a private carriage,
shall, on first conviction before a Magistrate, be liable to a fine not
exceeding fifty dollars, and on any subsequent conviction to a fine
not exceeding two hundred and fifty dollars, and the Registrar, or
his agent, or anj^ police officer may seize and remove to a police
station or pound any such vehicle together A\ith any harness and
animal or animals used therewith : provided that such seizure shall
not be effected at a time when the vehicle is employed in the convey-
ance of any passenger. If the vehicle so seized be not claimed, or if
any penalty imposed under this section be not paid within fourteen
days, such vehicle, with the harness and animal or animals, if any,
seized with it, ma}^ be sold by order of a Magistrate, and the proceeds
applied to the payment "of the penalty, if any, and of all costs and
charges incurred on account of the detention and sale, and the
surj^lus if any, if not claimed by the owner within a further period
of sixty days, shall be forfeited to the Federated Malay States,

9. Subject to the exemptions specified in the following section,
taxes and fees at the rates fixed by any rules made hereunder shall
be payable in advance at the time of registration in respect of the
vehicles specified in such rules, and no vehicle shall be registered
until such taxes and fees, if any are due, shall have been paid to the
Registrar.

10. The following vehicles shall be exempt from payment of fees
on registration and from taxation — viz.

(a) All vehicles belonging to the High Commissioner, the Rulers

of the Federated Malay States and the Chiefs who are
members of the State Council of the State of Negri Sem-
bilan, the Chief Secretary to Government, and the Resident
of each State ;

(b) One vehicle belonging to each Member of the Federal Council

or of any State Council if not otherwise exempted ;

a horse allowance from Government funds, and two
vehicles belonging to each Government officer who draws
two or more horse allowances from Government funds ;
{d) Vehicles belonging to Government departments if legibly
and conspicuously marked with the name of the depart-
ment employing them ;

VEHICLES. 411

(e) Bicycles, tricycles, and multicycles not kept or used for hire

or for any trade purposes ;
(/) Vehicles kept exclusively for sale by bond fide dealers therein ;

(g) Vehicles left unused in the absence of their owners from any
State during the whole of any registration period ;

(h) Children's carriages, the wheels of which do not exceed 24
inches in diameter ;

(t) Carts that are kept on and used exclusively within the
boundaries of any estate, plantation, or mine if legibly and
conspicuously marked with the name of the owner and
locality of the estate, plantation, or mine : provided that
where an estate, plantation, or mine abuts on both sides of
a roadway not included within the boundaries of such
estate, plantation, or mine, carts shall not by reason merely
of proceeding from one part of such estate, plantation, or
mine to another part thereof, in pursuance of a general or
specialpermission in writing in that behalf from theResident
of theState wherein such estate, plantation, or mine issituate,
be deemed to be excluded from the benefit of the exemption
hereby conferred. Provided further that any such per-
mission may be subject to such conditions as the Resident
may impose in respect thereof and may be revoked by the
Resident at pleasure.

11. Registration of vehicles shall take place annually, or at such Dates of
other periods in each State as the Resident of such State may, by f^?^*'''^^'^"'"-
notification in the Gazette, appoint, and upon such date or dates as

may accordingly be fixed by the Registrar, and published in the
Gazette at least three weeks previously to such date or dates. Any
registration then effected shall remain in force during one registration
period and no longer ; but any person wishing within any such
registration period to keep a vehicle not registered at the last
preceding date of registration may at any time apply to the
Registrar for registration.

12. For the purposes of this Enactment it shall be lawful for the Registrar may
Registrar to require any person to furnish him with a return of the ^^^^"^^ returns.
vehicles in his possession, use, or charge, and such person shall there-
upon be legally bound within the meaning of Section 191 of the Penal

Code to furnish a true return accordingly. Any person who neglects
or refuses to furnish such return within one Aveek from the receipt b}'
him of the Registrar's requisition, shall be liable, on conviction before
a Magistrate, to a penalty not exceeding fifty dollars.

13. No vehicle, except private carriages and vehicles exempted Licenses.
under Section 10, shall be registered until it has been licensed, before
which it must be produced for the inspection of the Registrar, and,
together with any animal or animals and harness and fittings
intended to be used therewith, approved bj' him as fit for the pur-
poses for which they are to be used. Any license so granted shall
remain in force until the end of the registration period in Miiich it is
granted, unless previously cancelled or suspended under the pro-
visions of this Enactment, and shall set out the number and date

412

No. 13 OF 1912.

Tyres of carte.

Number plates.

Using vehicle
without
number plates.

Eecristrarmay
require produc-
tion of vehicle,
etc.

Drivers'
licenses.

thereof, and the date of its expiration, the name and residence of the-
licensee, the class in which such vehicle is licensed, the number of
animals, if any, by which such vehicle is to be drawn, the name of
the place where the license is issued, and the amount of the tax and
fees paid in connection therewith : and, in the case of a hackney
carriage or omnibus, the maximum number of jDassengers and
weight of luggage which may be carried in or upon such vehicle.
These particulars shall also be entered in a register kept by a
Registrar for that jDurpose.

14. No cart, except hand-carts and carts on springs, shall be
licensed if the tyres of its wheels are less than three inches in width.

15. On any vehicle license being granted, the Registrar shall
cause to be affixed to the vehicle in respect of Avhich it is granted, in
such manner as he may think fit, such a plate or plates bearing the
number of the license as the Resident of any State maj"" from time to
time prescribe for use in such State ; and shall further cause such
vehicle and any harness and fittings intended to be used therewith
to be marked in such other manner as he may think fit.

16. The licensee of any vehicle who shall allow such vehicle to be
used or let for hire, and the driver who shall drive such vehicle,
without having such plate or plates affixed or with harness or fittings
not marked as provided in the last preceding section, shall be liable,
on conviction before a Magistrate, to a fine not exceeding twenty
dollars.

17. The Registrar may at any time, by notice, summon the
licensee or driver of any vehicle to produce the same for his
inspection, together with any animal or animals, harness and fittings
used therewith, and every licensee or driver who neglects to obey
such summons within seven days from the service of such notice
shall be liable, on conviction before a Magistrate, to a fine not
exceeding ten dollars. The Registrar may at any time cancel or
suspend the license of any vehicle, if it shall appear to him that such
vehicle, or any animal, harness, or fittings used therewith, are un-
serviceable or unsafe, or otherwise unfit for the purpose for which
they are used, and may confiscate any unserviceable harness or
fittings which he may find in use.

18. No person under the age of 16 shall act as driver of any
licensed vehicle drawn by any animal, and no person, unless licensed
in that behalf as hereinafter provided, shall act as driver of any
licensed vehicle drawn by any animal other than a bullock or
buffalo cart without springs, and any owner or person in charge of
such vehicle who shall permit any such person to act as driver, and
any unlicensed person so acting, shall be liable, on conviction
before a Magistrate, to a penalty not exceeding fifty dollars.

19. The Registrar shall, upon the application of any fit person,
and the payment of the fees specified in any rules made hereunder,
issue to him a non-transferable driver's license, which shall be in
force until the termination of the registration period for which it
is granted, unless previously cancelled or suspended under the

VEHICLES.

413

Change of
abode.

provisions of this Enactment. Such license shall set out the
number and date thereof, and the date of its expiration, the name,
residence, and apparent age of the licensee, the description of
vehicle to be driven, the name of the place where the license is
issued, and the amount of the fee paid in connection therewith.
These particulars shall also be entered in a register kept by the
Registrar for that purpose.

20. The Registrar shall, at the time of granting any driver's Badges.
license, deliver to the licensee a metal badge marked with the
number of the license, and such licensee, while acting as driver or
attending before any Magistrate, shall carry such badge strapped
on his left arm above the elbow in such manner that the number
on the badge shall be clearly exposed to view.

21. Whenever the holder of any license issued under this Enact-
ment shall change his place of abode, he shall forthwith attend in
person with his license at the office of the Registrar, who shall
thereupon enter upon the license and in the register a memorandum
of such change. Any holder of any such license who omits to
attend and give notice of a change of abode shall be liable, on
conviction before a Magistrate, to a fine not exceeding ten dollars.

22. Upon the expiration, or upon the cancellation or suspension Return of
by the Registrar of any license issued under this Enactment , it '°®°^®^' ® °-
shall be the duty of the person to whom such license was issued to

return the same to the Registrar's office within seven days after
such expiration, cancellation, or suspension, and at the same time
to return any number plates or badges issued with such license.
and an\' person who shall wilfully neglect to return the same shall
be liable, on conviction before a Magistrate, to a fine not exceeding
twenty dollars.

23. Any person who shall, for the purposes of deception, use or Fraudulent
have in his possession any plate or badge issued under this Enact-
ment, or shall use any such plate or badge without having first
obtained a license, or after the expiration or cancellation or during

the suspension of the license with which it was issued, shall be
liable, on conviction before a Magistrate, to a fine not exceeding
one hundred dollars.

24. Whenever the number on any plate or badge issued under illegible
this Enactment shall have become obliterated or so defaced as not ^^^^ ^^^'
to be distinctly legible, the person to whom it was issued, or in the

case where a vehicle has been transferred the person who is on
the register in respect of such vehicle shall return the same to the
Registrar, and may obtain from him a new plate or badge upon
payment of the cost of the same, and any person who shall use or
permit the use of any plate or badge of which the number shall
have become so obliterated or defaced, shall be liable, on conviction
before a Magistrate, to a fine not exceeding twenty-five dollars.

25. Whenever it shall have been proved to the satisfaction of the Lost plates or
Registrar that any plate or badge issued under this Enactment has
been lost or destroyed, the person to whom it was issued, or in the
case where a vehicle has been transferred the person who is on the

414

No. 13 OF 1912.

Eates of hire.

Tables of fares.

Befusal to
pay fares.

Disputes as
to fares.

Endorsement
of licenses.

Offences by
drivers.

register in respect of such vehicle shall be entitled to receive from
the Registrar upon payment of the cost of the same, a new plate
or badge. If any plate or badge so lost shall afterwards be found,
the same shall forthwith be returned to the Registrar, and any
person having possession of the same, who shall wilfully neglect so
to return it, shall be liable, on conviction before a Magistrate, to a
fine not exceeding twenty-five dollars.

26. The licensee or driver of any hackney carriage, omnibus, or
cart without springs, drawn by any animal in any State, shall be
entitled to receive for the hire of such vehicle, or, in the case of an
omnibus, of a seat therein, such fares as the Resident of such State
may from time to time, by order published in the Gazette, direct :
provided that nothing herein contained shall be deemed to prevent
the licensee or driver of any such vehicle from being bound by
any contract into which he may enter to receive payment at a
lower rate than that in force for the time being.

27. The Registrar shall supply to the licensee of every hackney
carriage or omnibus a table of distances and of the fares in force for
the time being, and any such licensee who shall fail to keep the
same exhibited conspicuously and in a legible condition in the
inside of such vehicle shall be liable, on conviction before a Magis-
trate, to a fine not exceeding ten dollars.

28. Any person hiring a licensed vehicle who shall refuse to pay
the legal fare on demand at the end of the journey to the licensee
or driver of the same shall be liable, on conviction before a Magis-
trate, to a fine not exceeding twenty-five dollars and may further
be ordered to pay the proper fare, and the Magistrate may order
the whole or any part of such fine to be paid to the said licensee
or driver.

29. In the event of any dispute between the hirer and the driver
of a licensed vehicle, the hirer may require the driver to drive to
the nearest police station, where the case shall be entered together
with the substance of the dispute, and if the dispute shall be in
respect of the amount of the fare to be paid, the hirer shall deposit
the amount demanded from him with the oificer in charge of the
station, who shall pay the same over to the Registrar, to be by
him retained until the matter in dispute shall be decided by a
Magistrate or otherwise : provided that if any Magistrate be sitting
at a convenient distance at the time, the hirer may require the
driver to drive to the Court of such Magistrate, who shall hear and
determine the dispute in a summary Avay.

30. It shall be lawful for any Magistrate, before whom a licensed
driver is convicted of any offence, whether under this Enactment
or under any other law, to endorse a memorandum of such con-
viction on tlie license of such driver, and to revoke, or for a time
suspend, such license. Every license so revoked or suspended shall
forthwith be forwarded by the Magistrate to the Registrar.

31. Every licensed driver of a hackney carriage or omnibus who,
without reasonable excuse, the proof of which shall lie on him,

VEHICLES.

415

(a) refuses to accept a passenger on demand ;
(6) plies for hire, not being properly dressed, or with his vehicle,
animal, harness, or fittings in an unfit condition ;

passengers, or to stop when required to do so ;

(d) refuses to carry the full number of passengers or the full

amount of luggage specified in the vehicle license ;

(e) carries more passengers or luggage than is permitted by

the vehicle license ;
(/) uses a fewer number of animals than are specified in the

license to draw his vehicle ;
(g) demands more than the fare to which he is legally entitled
(h) fails whilst acting as a driver or when appearing before a

Magistrate to Avear his badge conspicuously on his left

arm ;
(i) refuses to drive to the nearest police station or Magistrate's

Court under the circumstances provided for in Section 29 ;
(j) neglects either to return to its owner or to immediately

deposit at a police station any property left in his vehicle

by a passenger ;
(k) knowingly allows a person suffering from an infectious

disease to use his vehicle, or, having carried a person

suffering from an infectious disease, fails to report the

fact to the Registrar, and to effectually disinfect his

vehicle before again allowing it to be used ;
shall be liable, on conviction before a Magistrate, to a fine not
exceeding fifty dollars.

32. Every person in charge of a vehicle who, without reasonable other oftences.
excuse, the proof of which shall lie on him.

(a) neglects to carry a light or lights as required by Section 35 ;

(b) overloads his vehicle ;

(d) is asleep ;

(e) neglects to observe the rule of the road ;

(/) neglects to maintain efficient control over his vehicle and

animal, if any ;
(g) wilfully or negligently causes an obstruction in a public
place ;
shall be liable, on conviction before a Magistrate, to a fine not
exceeding twenty-five dollars.

33. Any person or persons found in a public place drawing or control of hand-
pushing a hand-cart which, with its load, is too heavy for him or

them to manage easily, shall be liable, on conviction before a
Magistrate, to a fine not exceeding twentj'-five dollars, and the
license of such hand-cart may be dealt with as provided in respect
of other licenses by Section 30.

34. Any owner or licensee of any vehicle, of which the driver or Liability of
person in charge is convicted of anj- offence under this Enactment in °^''^'-

416

No. 13 OF 1912.

Owner of
vehicle bound
to assist in
servins process
on person in
charge.

E. 2-1 of 1919.

Lights.

Speed of
vehicles.

"WarnincroJ
approach.

respect of his vehicle, animal, harness, or fittings, shall, if it appears to
the Court that such owner or licensee should also be held responsible,
be liable to the same penalty as is provided for the driver's offence,
unless he shall prove that the offence was not committed with his
connivance, and that he had taken every reasonable precaution and
had made all reasonable provision to prevent the commission
thereof. In any case in which the licensee of a vehicle is convicted
under this section, the vehicle license may be dealt with by the
Court in the manner provided in respect of a driver's license in
Section 30.

34a. (i) Whe7iever, upon complaitit made of the commission by
the person in charge of a vehicle of any offence mentioned in Section
32, any summons or warrant is issued by a Court to secure the atten-
dance before it of such person, every other person who was, at the time
ivhen such offence is alleged to have been committed, owner in whole
or in part of the said vehicle shall be bound to give, on the demand of
any police officer, such information and assistance as ivill enable the
summons to be served personally or the warrant to he executed, as the
case may be, and shall for any failure to discharge this obligation be
liable, on conviction before a Magistrate, to a fine not exceeding
twenty-five dollars.

(ii) Where a person found liable to a penalty under this section is
the licensee of a vehicle, the vehicle licence may be dealt with by the
Court in the m,anner provided in respect of a driver's licence by
Section 30.

35. (i) Every vehicle, except bicycles, tricycles, and multicycles,
whilst in use or waiting in any public place between half an hour
after sunset and half an hour before sunrise, shall carry two clearly
visible white lights enclosed in lamps showing red behind, which
shall be affixed to each side of the front of each vehicle. Such
lamps shall be of such pattern and affixed to such vehicle in such
manner as shall be approved by the Registrar ; provided that a
light shall not be deemed to be clearly visible within the meaning
of this sub-section if any matter or thing carried on the vehicle
whereto such light is affixed, not being a matter or thing entirely
contained within the interior of such vehicle, be so placed as to
o})struct the view of such light from the front, rear, or outer side
thereof.

(ii) Bicycles, tricycles, and multicycles while in use or waiting in
any jiublic place between half an hour after sunset and half an hour
before sunrise, shall carry a clearly visible white light enclosed in
a lamp. Such lamp shall be of a pattern and affixed in such manner
as shall be approved by the Registrar.

36. The driver or person in charge of any vehicle proceeding at
a ])ace likely, under the circumstances, to endanger any of the
])ut)lic, or any public or private property, and the driver or person
in charge of any vehicle, within the limits of any town, as by law
defined, proceeding at a greater speed than that of eight miles an
hour, shall be liable, on conviction before a Magistrate, to a fine
not exceeding fifty dollars.

37. (i) The rider or person in charge of any bicycle, tricycle, or
multicycle shall, when meeting or overtaking any other vehicle or

VEHICLES.

417

foot-passenger, give, from a reasonable distance, a clearlj^ audible
warning of his aj^proach, by sounding a bell or gong or by other
similar means approved by rule under this Enactment.

(ii) No vehicle except bicycles, tricycles, or multicycles shall use
mechanical means to give warning of their approach except that
vehicles drawn by horses, ponies, asses, mules, bullocks, or buffaloes
may have a bell attached to the harness which is rung b}- the action
of the animal draAving the vehicle.

38. The Sanitary Board of each town or district shall provide stands for
in such places, as may from time to time be found necessary, spaces
to be used as public stands for hackney carriages, and shall, in
every such place, erect a board notifying conspicuously that such
place is a public stand, stating the number of vehicles which it is
intended to accommodate, and bearing a table of fares and distances.
Any driver waiting or loitering on the public streets or roads with
a disengaged hackney carriage, whilst there is accommodation
available at any public stand within a reasonable distance, shall
be liable, on conviction before a Magistrate, to a fine not exceeding
ten dollars.

hackney
carriages

Licensed
stables.

39. It shall be laAA ful for a Sanitary Board to license the owner
or occupier of any premises to use the same for the purpose of
housing hackney carriages and stabling the horses used therewith,
and such licensed premises shall be deemed to be public stands.
Premises may, in the same way, be licensed for the stabling of
bullocks.

40. There shall be payable to the licensee of such premises, bj^ pees.
the person in charge of any hackney carriage or animal making use
thereof, such fees as ma}' from time to time be approved of by the
Sanitary Board, and kept posted in a conspicuous place on the
premises.

41. It shall be lawful for a Sanitary Board to order that all
hackne}- carriages kept within the limits of any town or village,
and the horses used therewith, and all bullocks kept within such
limits, shall be kept and stabled only at such places within such
limits as may be specified in such order, and any licensee under this
Enactment, or person in charge of any vehicle or animal, who shall
wilfully contravene the provisions of such order, shall be liable,
on conviction before a Magistrate, to a fine not exceeding twenty-
five dollars.

42. The Resident of any State may from time to time for such Rules
State make rules

(a) for the classification of vehicles ;

{})) determining the amount of any tax or fee payable for any
license under this Enactment ;

(d) for the better carrying out of the provisions of this Enact-

ment ;

11—27

Compulsory use
of licensed
stables.

418

No. 13 OF 1912.

and in any such rules may provide for the payment of any fine not
exceeding twenty-five dollars for the breach of any such rule or
rules.

Schedule.
ENACTMENTS REPEALED.

State.

No. and year.

Short title.

Perak

Selangor. .
Negri Sembilan.
Pahang . .

1 of 1900
21 of 1899
17 of 1899

5 of 1900

The Vehicles Enactment, 1900'

1899'
1899
1900»

ENACTMENT NO. 14 OF 1912.

An Enactment for the incorporation of the Bishop of
Singapore.

Arthur Young, [7th December, 1912.

President of the Federal Council. 20th December, 1912.]

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : — ■

1. This Enactment may be cited as "The Bishop of Singapore short title and
Incorporation Enactment, 1912," and shall come into force on the ^^^®'^'^®"
publication thereof in the Gazette.

2. The Bishop of Singapore incorporated in the Colony by Tiie Bishop of
Ordinance No. XIV of 1911 shall be a body corporate and shall to"bea|°jj"^
by the name of "The Bishop of Singapore" have perpetual sue- corporate.
cession and shall and may have and use a corjDorate seal and the said

seal may from time to time break, change, alter and make anew,
as to the said Corporation may seem fit, and the said Corporation
is hereby empowered to acquire, jourchase, take, hold, and enjoy
movable and immovable j)roperty of every description, and to sell,
convey, assign, surrender and yield up, mortgage, demise, re-
assign, transfer, or otherwise disj^ose of any movable or immovable
l^roperty vested in the said Corporation upon such terms as to the
said Corporation may seem fit and may sue and be sued in respect
of such property in all Courts of Justice.

3. All immovable propert}^ within the Federated Malay States vestmc^of
heretofore granted, leased, transferred, transmitted to or otherwise Property.
vested in " The Bishop of Singapore "' or '" The Bishop of SingajJore,
Labuan, and Sarawak," Avhether with or without the name of the
Ecclesiastic for the time being holding the office, is hereby vested

in the said Corporation for the respective estates and interests
for which the same is holden.

4. All deeds, documents, and other in.struments requiring the seal u?eofthc

of the said Corporation shall be sealed with the seal of the said corporate sea).
Corporation in the presence of the Bishop of Singapore for the time
being or his attorney duly authorized by a power of attorney valid
within the Federated Malay States and shall also be signed by the
said Bishop for the time being or his attorney so authorized as
aforesaid, and such signing shall be and be taken as sufficient
evidence that the said seal was duly and properly affixed and that
the same is the lawful seal of the said Corporation.

419

ENACTMENT NO. 17 OF 1912.

An Enactment to make general provision for the conduct
of Arbitrations.

Arthur Young,

President of the Federal Council.

[11th December, 1912.
20th December, 1912.]

Short title,
commencement,
and repeal.

Interpretation.

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

1. (i) This Enactment may be cited as '' The Arbitration En-
actment, 1912,'" and shall come into force on the publication thereof
in the Gazette.

(ii) The Enactments mentioned in the second schedule are hereby
repealed to the extent specified in the fourth column thereof.

2. In this Enactment, unless there be something repugnant in
the subject or context —

" Court " means the Court of a Judicial Commissioner ;

" Submission " means a written agreement to submit present or
future differences to arbitration, whether an arbitrator is named
therein or not :

" Rules of Court " means rules made under Section 67 of the
Courts Enactments, 1905.

Submission
irrevocable and
to have effect as
an order of
Court.

Provisions
implied in sub-
missions.

Power to stay
proceedinizs
where there is a
submission.

REFERENCES BY CONSENT OUT OF COURT.

3. A submission, unless a contrary intention is expressed therein,
shall be irrevocable except by leave of the Court and shall have
the same effect in all respects as if it had been made an order
of Court.

4. A submission, unless a contrary intention is expressed there-
in, shall be deemed to include the provisions set forth in the first
schedule so far as they are ajiplicable to the reference under the
submission.

5. If any party to a submission or any person claiming through
or under him commences any legal proceedings against any other
party to the submission or any person claiming through or
under him in respect of any matter agreed to be referred, any
party to such legal proceedings may before taking any other steps
in the proceedings aj)ply to the Court to stay the proceedings and
the Court, if satisfied that there is no suflicient reason why the matter
should not be referred in accordance with the submission and that

420

ARBITRATIOX. 421

the applicant was at the time when the proceedings were commenced
and still remains ready and willing to do all things necessary to
the proper conduct of the arbitration, may make an order staying
the proceedings.

6. In any of the following cases — Power for the

Court in certain

(a) Where a submission provides that the reference shall be a^arbltrTtor!"''
to a single arbitrator and all the parties do not after umpire or third

Trt. 1 . • j-i • , , F arbitrator.

dirierences have arisen concur m the appointment of an
arbitrator ;

(6) If an appointed arbitrator refuses to act or is incapable of
acting or dies and the submission does not shew that it
was intended that the vacancy should not be supplied
and the parties do not supj^ly the vacancy ;

(c) Where the parties or two arbitrators are at liberty to ap-
point an umpire or third arbitrator and do not appoint
him ;

{d) Where an appointed umpire or third arbitrator refuses to
act or is incapable of acting or dies and the submission
does not shew that it was intended that the vacancy
should not be supplied and the parties or arbitrators do
not supply the vacancy ;

any party may serve the other parties or the arbitrators, as the
case may be, with a written notice to appoint an arbitrator, umpire,
or third arbitrator.

If the appointment is not made Avithin seven clear days after the
service of the notice, the Court may on application by the party
who gave the notice appoint an arbitrator, umpire, or third
arbitrator, w^ho shall have like powers to act in the reference and
make an award as if he had been appointed by consent of all
parties.

7. Where a submission provides that the reference shall be to powerfor
two arbitrators, one to be apnointed by each partv, then, unless p.^ies in cer-

.. -'■■^ ..•■■•• tain cases to

the submission expresses a contrary intention — supply vacancy.

(a) If either of the appointed arbitrators refuses to act or is
incapable of acting or dies, the party who ajijDointed him
may appoint a new arbitrator in his place ;

{h) If on such a reference one party fails to appoint an arbi-
trator either originally or by waj^ of substitution as
aforesaid for seven clear days after the other partj'^ having
appointed his arbitrator has served the party making
default with notice to make the appointment, the party
who has appointed an arbitrator may appoint that arbi-
trator to act as sole arbitrator in the reference and his
award shall be binding on both parties as if he had been
appointed by consent ;

Provided that the Court may set aside any appointment made in
pursuance of this section.

422

No. 17 OF 1912.

Powers of
arbitrator.

'K'itnesses may-
be summoned.

Power to
enlarge time for
matinir award.

Power to remit
award.

Power to
remove arbi-
trator or to set
aside award.

Enforcing
award.

8. The arbitrators or umpire acting under a submission shall,
unless the submission expresses a contrary intention, have power

(a) to administer oaths to or take the affirmations of the parties

and witnesses appearing ; and

(b) to state an award as to the whole or part thereof in the

form of a special case for the opinion of the Court ; and

(f) to correct in an award any clerical mistake or error arising
from any accidental slij) or omission.

9. Any party to a submission may take out a summons to give
evidence or to j)roduce documents, but no person shall be compelled
under any such summons to produce any document which he
could not be compelled to produce on the hearing of a suit.

10. The time for making an award may from time to time be
enlarged by order of the Court, whether the time for making the
award has expired or not.

11. (i) In all cases of reference to arbitration the Court may
from time to time remit the matters referred or any of them to
the re-consideration of the arbitrators or umpire.

(ii) Where an award is remitted the arbitrators or umpire shall,
unless the order otherwise directs, make their award within three
months after the date of the order.

12. (i) Where an arbitrator or umpire has misconducted himself,
the Court may remove him.

(ii) W^here an arbitrator or umpire has misconducted himself or
an arbitration or award has been improperly procured, the Court
may set the award aside.

13. An award on a submission may by leave of the Court be
enforced in the same manner as a decree or order to the same effect.

REFERENCES UNDER ORDER OF COURT.

Reference for
report.

Power to refer
la certaja cases.

14. (i) Subject to rules of Court the Court may refer any question
arising in any cause or matter (other than a criminal joroceeding
by the Public Prosecutor) for enquiry or rej)ort to any special
referee.

(ii) The report of a special referee may be adopted wholly or
partially by the Court and if so adopted may be enforced as a decree
or order to the same effect.

15. In any cause or matter (other than a criminal proceeding by
the Public Prosecutor) —

{n) If all the parties interested who are not under disability
consent ; or

(h) If the cause or matter require any prolonged examination
of documents or any scientific or local investigation which
cannot, in the opinion of the Court, conveniently be con-
ducted by the Court through its other ordinary officers ; or

ARBITRATIOX.

423

(c) If the question in dispute consists wholly or in part of matters
of account ;
the Court may at any time order the whole cause or matter or any
question or issue of fact arising therein to be tried before a special
referee or arbitrator respectively agreed on by the parties or before
an officer of the Court.

16. (i) In all cases or reference to a special referee or arbitrator Powers and
under an order of the Court in any cause or matter the special refereM'^and" °
referee or arbitrator shall be deemed to be an officer of the Court arbitrators.
and shall have such authoritj^ and shall conduct the reference

in such manner as may be prescribed by rules of Court and subject
thereto as the Court may direct.

(ii) The report or award of any special referee or arbitrator on
any such reference shall, unless set aside by the Court, be equivalent
to a decree of the Court.

(iii) The remuneration to be paid to any special referee or arbi-
trator to whom any matter is referred under order of the Court
shall be determined by the Court.

17. The Court shall, as to references under order of the Court, court to have
have all the powers which are by this Enactment conferred on the referencesby
Court as to references by consent out of Court. consent.

18. The Court of Aj^peal shall have all the powers conferred by com-t of Appeal
this Enactment on the Court under the provisions relating to of tiie^co^iu-t.'^"^°
references under order of the Court.

GENERAL.

19. (i) The Court maj^ order that a summons to give evidence or powertocom-
to produce documents shall issue to compel the attendance before ^f^tLe^ta"^
a special referee or before anj^ arbitrator or umpire of a witness, any part of the
wherever he may be within the Federated Malay States.

(ii) The Court may also issue an order under Section 23 of the
Prisons Enactments, 1907, to bring up a prisoner for examination
before a special referee or before any arbitrator or umpire.

20. Any referee, arbitrator, or umpire may at any stage of the statement ot
proceedings under a reference, and shall if so directed by the Court, aSitrlt'ioQ.^
state in the form of a special case for the opinion of the Court any
question of law arising in the course of the reference.

21. Any order made under this Enactment may be made on costs.
such terms as to costs, or otherwise as the authority making the
order thinks just.

22. Provisions maj- from time to time be made by rules of Court Exercise of
for conferring on any Registrar or other officer of the Court all or J^e^^^r^and
any of the jurisdiction conferred by this Enactment on the Court, other officers.

23. This Enactment shall apply to every arbitration under any Application of
Enactment passed before or after the commencement of this fefere^ef °
Enactment as if the arbitration were pursuant to a submission, under statutory
except in so far as this Enactment is inconsistent with the ^°^

424 No. 17 OF 1912. ^

Enactment, if any, regulating the arbitration or with any rules or
procedure authorized or recognized by that Enactment.

Savins for 24. This Enactment shall not affect any arbitration pending at

uationl'*'^^*" ^he Commencement of this Enactment but shall apply to any arbi-
tration commenced after the commencement of this Enactment
under any agreement or order made before the commencement of
this Enactment.

The First Schedule.

PROVISIONS TO BE IMPLIED IN SUBMISSIONS.

(a) If no other mode of reference is provided, the reference shall
be to a single arbitrator.

(6) If the reference is to two arbitrators, the two arbitrators may
appoint an umpire at any time within the period during which they
have power to make an award.

(c) The arbitrators shall make their award in writing within
three months after entering on the reference or after having been
called on to act by notice in writing from any party to the sub-
mission or on or before any later day to which the arbitrators by
any writing signed by them may from time to time enlarge the
time for making the award.

(d) If the arbitrators have allowed their time or extended time
to expire without making an a^ard or have delivered to any party
to the submission or to the umpire a notice in -sATiting stating that
they cannot agree, the umpire may forthwith enter on the reference
in lieu of the arbitrators.

(e) The umpire shall make his award within one month after the
original or extended time appointed for making the award of the
arbitrators has expired or on or before any later day to which
the umpire by any writing signed by him may from time to time
enlarge the time for making his award.

(/) The parties to the reference and all persons claiming through
them respectively shall, subject to any legal objection, submit to be
examined by the arbitrators or umpire on oath or affirmation in
relation to the matters in dispute and shall, subject as aforesaid,
produce before the arbitrators or umpire all books, deeds, papers,
accounts, writings, and documents w ithin their possession or power
respectively which may be required or called for and do all other
things which during the proceedings on the reference the arbitrators
or umpire may require.

(g) The witnesses on the reference shall, if the arbitrators or
umpire think fit, be examined on oath or affirmation.

(h) The award to be made by the arbitrators or umpire shall
be final and binding on the parties and the persons claiming under
them respectively.

(?) The costs of the reference and award shall be in the discretion
of the arbitrators or umpire, who may direct to and by whom and
in what manner those costs or any part thereof shall be paid and

ARBITRATION.

425

may tax or settle the amount of costs to be so paid or any part
thereof and may award costs to be paid as bet\veen solicitor and
client.

The Second Schedule.
ENACTMENTS REPEALED.

State.

Xo. and
year.

Short title.

Extent of repeal.

Perak

11 of 1902

The Civil Procedure
Code, 1902

Chapter XXXVI

Selangor . .

13 of 1902

Do.

N. Sembilan

7 of 1902

Do.

Pahang

11 of 1902

Do.

Perak

10 of 1903

The Specific Relief The last 37 words

Enactment, 1903

of Section 21 j>re-
ceding the illus-
trations

Selangor . .

9 of 1903

Do.

N. Sembilan

16 of 1903

Do.

Pahang

10 of 1903

Do.

ENACTMENT NO. 19 OF 1912.

As amended by Fed. E. 29 of 1915 and 8 of 1919.

E. 2D of 1915. An Enactment to provide for the Suppression of Common
Gaming Houses, Public Gmning, and Public Lotteries.

Arthur Young, [5th December, 1912.

President of the Federal Council. 1st January, 1913.]

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

Short title, 1. (i) This Enactment may be cited as " The Common Gaming

aud«p"ea™^' Houses Enactment, 1912," and shall come into force on the 1st
day of January, 1913.

(ii) On the coming into force of this Enactment the Enactments
mentioned in the schedule shall be rej^ealed.

laterpretation. 2. (i) In this Enactment unless the context otherwise requires —

'■ Common gaming house " includes any place kept or used for
gaming to which the public or any class of the public has or may
have access and any place kept for habitual gaming, whether the
public or any class of the public has or may have access thereto or
not, and any place kept or used for the purpose of a public lottery ;

" Gaming," with its grammatical variations and cognate expres-
sions, means the plajdng of any game of chance or of mixed chance
and skill for money or money's worth ;

" Lottery " includes any game, method, or device whereby money
or money's worth is distributed or allotted in any manner depend-
ing upon or to be determined by chance or lot, whether the same
be held, drawn, exercised, or managed within or without the
Federated Malay States ;

" Public lottery " means a lottery to which the public or any
class of the public has or may have access, and every lottery shall
until the contrary be proved be deemed to be a public lottery ;

"Lottery ticket" includes any paper or figure or writing or
symbol or other article whatsoever which either expressly or tacitly
entitles or purports to entitle the holder or any other person to
receive any money or money's worth on the happening of any
event or contingency connected with any public lottery ;

" Place " means any house, office, room, or building and any place
or spot, whether open or enclosed, and includes a ship, boat, or other
vessel, whether afloat or not, and any vehicle ;

42G

COMMON GAMING HOUSES. 427

A place in which lottery tickets are offered for sale, sold, or
distributed shall be deemed to be '• used for the purpose of a
public lottery " ;

A place shall be deemed to be " used '' for a purpose if it is used
for that purpose even on one occasion only ;

Every person who demises or lets to hire a place shall be deemed
the " owner " thereof ;

The expression " instruments or appliances for gaming " includes
all articles declared under sub-section (ii) to be instruments or
appliances for gaming and all articles which are used in or for the
purpose of gaming or a lottery ;

" Senior Police Officer " means any police officer not below the
rank of Assistant Commissioner and includes in any State any
police officer specially authorized by the Resident of such State by
notification in the Gazette to exercise the powers of a Senior Police
Officer under this Enactment.

(ii) The Chief Secretary to Government may from time to time
by notification in the Gazette declare articles specified or described
in such notification to be instruments or appHances for gaming.

3. Every common gaming house is hereby declared to be a Nuisance.
common and public nuisance contrary to law.

4. (i) Whoever offences relat-

. ., ing to commoa

(a) being the owner or occupier or liavmg the use temporarily gaming
or otherwise thereof keeps or uses a place as a common ""^^^^
gaming house ; or

(6) permits a place of which he is owner or occupier or of which
he has the use temporarily or otherwise to be kept or
used by another person as a common gaming house ; or

the management of a place kept or used as a common
gaming house or assists in carr\ing on a public lotteiy ; or

(d) receives directly or indirectly any money or money's worth

for or in respect of any chance in any event or contingency
connected with a public lottery or sells or offers for sale
or gives or delivers any lottery ticket ; or

(e) draws, throws, declares, or exhibits expressly or otherwise

the winner or winning number, ticket, lot, figure, design,
symbol, or other result of any public lottery' ; or
(/) writes, prints, or publishes or causes to be written, printed,
or published any lottery ticket or list of prizes or any
announcement of the result of a public lotterj- or any
announcement relating to a public lottery ; or

(g) announces or publishes or causes to be announced or pub-
lished either orally or by means of any print, writing,
design, sign, or otherwise that any place is opened, kept,
or used as a common gaming house or in an\^ other
manner invites or solicits any person to commit a breach
of Section 6 or Section 7 ;

428

No. 19 OF 1912.

Presumption.

Financing
common gam-
ins houses or
public lotteries.

Gaming in
common gam-
ing house.

Presumption.

Gaming in
public.

E. 29 of 1913.

Presumption.

Interpretation.

Instigating,
promoting, or
facilitating
gaming in
public.

E. 8 of 1919.

shall be punishable with a fine not exceeding three thousand dollars
or with imprisonment of either description for a period not exceed-
ing twelve months.

(ii) Any person who occupies or has the use temporarily of a
place which is kept or used by another person as a common gaming
house shall be presumed until the contrary be proved to have
permitted such place to be so kept or used.

5. Whoever advances or furnishes money for the purpose of
establishing or conducting the business of a common gaming house
or for the purpose of a public lottery shall be punishable with a
fine not exceeding three thousand dollars or with imprisonment of
either description for a period not exceeding twelve months.

6. (i) Whoever games in a common gaming house shall be
l)unishable with a fine not exceeding twenty-five dollars.

(ii) A person found in a common gaming house or found escaping
from a common gaming house on the occasion of its being entered
under this Enactment shall be presumed until the contrary be
proved to be or to have been gaming therein.

6a. (i) A police officer may arrest without warrant any jperson
found gaming in any public place and may seize all instruments or
appliances for gaming found in such public place or on the persons
of those arrested under this section.

(ii) Any jjerson convicted of gaming in any public place shall be
punishable with a fine 7iot exceeding twenty-five dollars ; and all
instruments or appliances for gaming seized under this section may
be declared by the Court before which the conviction is had to be forfeited
to the Government and shall be dealt with accordingly.

(iii) Where any money or other valuable thing is used in the playing
of any game of chance or of mixed chance and skill in any public
place, the players shall be presumed, until the contrary be proved, to
be or to have been gaming.

(iv) In this section the expression " public place " includes State
land as defined in " The Land Enactment, 1911," and land reserved
under the provisions of any Enactment for a public purpose and
reserved forests as defined in " The Forest Enactment, 1914," and
public streets, roadways, lanes, and open spaces.

6b. (i) Whoever instigates, promotes, or intentionally facilitates the
commission of an offence punishable under Section 6a shall be punish-
able with a fine not exceeding three thousand dollars or ivith imprison-
ment of either description for a jjeriod not exceeding twelve inmiths.

(ii) Any person who

(a) erects, maintains , or controls, or assists to erect, maintain,

or control, any hut, shed, tent, or other building or shelter
ivhatsoever wherein an offence punishable under Section 6a
is committed, or

(b) brings to, or has in his possession at or near, a place where

such an offence as aforesaid is committed any instru-
ments or appliances for gaming, or

COMMON GAMING HOUSES. 429

shall he presumed, until the contrary he proved, to have promoted the
commission of an offence punishable under Section 6a.

(iii) A person shall not hy reason only of the fact that he has com-
mitted an offence punishable under Section 6a he liable to be convicted
of an offence under this section.

7. (i) Whoever either personally or by an agent pays or deposits suyin? lottery
any money or money's worth to or with am* person concerned in '^"^''®'^-

the business of a common gaming house as a, stake or for or in
respect of any event or contingency connected with a public lottery
or buys a lottery ticket shall be punishable ^^ ith a fine not exceeding
twenty-five dollars.

(ii) A person in whose possession a lottery ticket is found shall Presumption.
be presumed until the contrary be proved to have bought the same.

(iii) Every lottery ticket brought or introduced into or being
within the Federated Malay States shall be forfeited to the Govern-
ment and it shall be the duty of every police officer or other public
servant to seize every such ticket wherever found.

8. Any money or money" s worth paid or deposited for or in iioney paid
respect of any such event or contingency as aforesaid or for or in '■''°°^ '^"'' ^•
respect of the purchase of a lottery ticket shall be recoverable as
money had and received to or for the use of the person from whom

the same was received.

9. Every sale or contract for sale of a lottery ticket is hereby Sales ofiottery
declared to be void and no action shall be maintainable by anj^ tickets void.
person in respect of any such sale or contract except by the jDur-

chaser for the return of the money or other consideration (if any)
paid thereon.

10. (i) Whenever it is proved to the satisfaction of a Magistrate Eesponsibiiity
that any person emploj^ed to labour at mining or agriculture or aud'overeeere.
at any other labour which may from time to time be declared by

the Chief Secretary to Government, by notification in the Gazette,
to be subject to the provisions of this section has committed an
offence under this Enactment in any place owned or occupied by
his employer, the emploj'er of such person shall be punishable
with a fine not exceeding five hundred dollars or with imprison-
ment of either description for a period not exceeding three months
unless he prove to the satisfaction of the ^Magistrate that such
offence was committed without his knowledge or consent and that
he had taken reasonable measures to prevent the commission of
the same : provided that when one person contracts with another
to carry out anj' work, labourers engaged in the actual execution
of such work shall for the purposes of this section be deemed to be
employed by both such persons.

(ii) Whenever it is proved to the satisfaction of a Magistrate that
any person employed as aforesaid has committed an offence under
this Enactment in the presence of any overseer, headman, or other
person having authority over him for the purposes of the said

430

No. 19 OF 1912.

Arrest by
employer.

Power to enter
ou premises.

Search warrant

against

premises.

employment, such overseer, headman, or other person shall be
punishable with a fine not exceeding five hundred dollars or with
imprisonment of either description for a period not exceeding three
months unless he prove to the satisfaction of the Magistrate that
such offence was committed without his consent and that he took
reasonable measures to prevent the commission of the same and to
ensure the effective suppression thereof.

(iii) Nothing contained in this section shall be deemed to exempt
any person from liability to any penalty provided by this Enactment
for any offence thereunder proved to have been committed by him.

(iv) No prosecution of any employer, overseer, headman, or other
I^erson under this section shall be instituted except by the authority
of the Public Prosecutor or a Dej)uty Public Prosecutor.

11. (i) When any person employed to labour at mining or
agriculture or at any other labour declared under Section 10 to be
subject to the provisions of the said section is found committing an
offence under this Enactment in any place owned or occupied by his
employer he, and all other persons found abetting such offence,
may be arrested without warrant by his employer or in the absence
of the employer by any person authorized in writing by the employer
to have the management of such place.

(ii) Every person arrested under this section shall without
unnecessary dela}^ be handed over to a police officer or taken to the
nearest police station for detention until he can be brought before a
Magistrate.

12. Any police officer generally or specially authorized in that
behalf in writing by the Chief Police Officer may by night or by day
enter upon any place where persons employed to labour at mining
or agriculture or at any other labour declared under Section 10 to be
subject to the provisions of the said section reside or are employed.

13. (i) A Magistrate or Senior Police Officer on being satisfied
upon written information on oath and after any enquiry which he
may think necessary that there is good reason to believe that any
])lace is kept or used as a common gaming house may by warrant
authorize any person therein named or any police officer with such
assistance and by such force as may be necessary by night or by day
to enter or go to such place and to search the same and all persons
found therein and to seize all instruments or appliances for gaming
and all money, securities for money, and other articles reasonably
supposed to have been used or intended to be used for any game or
lottery which may be foimd in such place or on any such persons
and also to detain all such persons until they and the said place shall
have been searched. If any of the things or circumstances Avhich
are made by this Enactment presumptive evidence of guilt ar{> found
in such place or on any person therein, every person found therein
shall be taken before a Magistrate to be dealt with according to law.

(ii) All instruments or appliances for gaming, money, securities
for monc}', and other articles found in a common gaming house or on
any persons found therein or escaping therefrom and which the
Magistrate is of opinion were used or intended to be used for any

COMMON GAMING HOUSES.

431

Search warrant
against persons.

game or lottet}^ shall be declared by him to be forfeited to the
Government and shall be dealt with accordingly.

14. A Magistrate or Senior Police Officer on being satisfied upon
information on oath and after any enquiry' which he may think
necessary that there is good reason to believe that an}' instruments
or appliances for gaming are likely to be found on any person may by
warrant under his hand order any person therein named or any
police officer to arrest such person and to take him forthwith before
any Magistrate or Senior Police Officer who shall thereupon cause
such person to be searched in his presence and if any such instrument
or appliance be found upon his person he shall be taken before a
Magistrate to be dealt with according to laM-.

15. (i) A Magistrate or Senior Police Officer may himself do what j-ntry and
he may under Sections 13 and 14 authorize a police officer to do search by
whenever such Magistrate or Senior Police Officer is competent to senior Police
issue a warrant under the said sections respectively and also in any ^®'=^''-

of the following cases, that is to say —

(a) if an}- person has within the preceding six months been
convicted of having kept or used as a common gaming
house the place proposed to be entered ; or

(h) if the place proposed to be entered is occupied by a club or
society and he has reason to believe that habitual gaming
is carried on there ; or

as satisfy him that there are sufficient grounds for a search
under the said sections respectively ; or

(d) if he receives the required information orally and either

on oath or not on oath under such circumstances that the
object of a search would, in his opinion, be defeated b\^ the
delay necessarj^ for reducing the information to writing :
provided that in this last case the name and address of the
person giving such information are known to or ascertained
by such Magistrate or Senior Police Officer before he acts
upon such information.

(ii) Whoever in giving such oral information makes a statement False informa-
which he knows or believes to be false or does not believe to be true tion.
shall be punishable with imprisonment of either description for a
period not exceeding twelve months.

16. If any instruments or appliances for gaming are found in any
place entered under this Enactment or upon any person found there-
in or if persons are seen or heard to escape therefrom on the approach
or entry of a Magistrate or Senior Police Officer or if a police officer or
any person having authority under this Enactment to enter or go to
such place is unlawfully prevented from or obstructed or delayed in
entering or approaching the same or any part thereof, it shall be
presumed until the contrary be proved that the place is a common
gaming house and that the same is so kept or used by the occupier
thereof.

Presumption
against house
and occupier.

432

No. 19 OF 1912.

Presumption
against house,
occupier, and
owner.

Notice to
occupier and
owner.

Order for
demolition of
structural
fontrivances
for facilitating
gaming.

Protection of
informers.

17. (i) If in the case of a place entered under this Enactment any
passage or staircase or means of access to any part thereof is un-
usually narrow or steep or otherwise difficult to pass or an}^ part of
the premises is provided with unusual or unusually numerous means
for preventing or obstructing an entry or with unusual contrivances
for enabling persons therein to see or ascertain the approach or entry
of persons or for giving the alarm or for facilitating escape from the
premises, it shall be presumed until the contrary be proved that the
place is a common gaming house and that the same is so kept or
used by the occupier thereof ; and if notice as is next hereinafter
provided shall have been served on the owner of the premises it shall
further be presumed until the contrary be proved that the jolace is
so kept with the permission of the owner thereof.

(ii) Whenever it comes to the knowledge of the Chief Police
Officer that any place is fitted or provided with any of the means or
contrivances mentioned in this section in such a way as to lead to a
presumption that the place is used or intended to be used for the
purposes of a common gaming house, it shall be the duty of the Chief
Police Officer to cause notice thereof to be served on the owner of
such place as well as on the occupier thereof ; and if any such notice
cannot be personally served it may be served by being affixed to
the principal outer door or any outer door or window or any con-
spicuous part of the place.

(iii) Every tenant receiving a notice under this section shall
forthwith inform the owner or the person from whom he rents the
premises of the fact of receipt of such notice, who shall in like
manner inform the owner or the person from whom he rents the
]ii'emises, and so on till the notice is brought to the knowledge of
the owner, each tenant being responsible for bringing the notice to
the knowledge of his immediate lessor ; and any tenant refusing or
omitting to make known to the owner or the person from whom he
rents the premises the fact that such notice has been received shall
be punishable under Section 225b of the Penal Code.

18. Whenever it appears to a Magistrate upon the trial of any
offence under this Enactment that the place in or in respect of which
the offence is alleged to have been committed is a common gaming
house and that the same is fitted or provided with any of the means
or contrivances mentioned in the last preceding section, he shall
order the demolition and destruction of such of them as consist of
staircases, doors, partitions, ladders, planks, platforms, posts,
palings, bars, bolts, and other things which appear to him to have
been specially erected or constructed for the purpose of facilitating
the carrying on of gaming on the premises.

19. Except as hereinafter mentioned no information laid under
this Enactment shall be admitted in evidence in any civil or criminal
proceeding whatsoever and no witness shall be obliged or permitted
to disclose the name or address of any informer under this Enact-
ment or to state any matter which might lead to his discovery.
Moreover, if any books, documents, or papers which are in evidence
or liable to ins])ection in any civil or criminal proceeding whatsoever
contain any entry in \\'hich any informer is named or described or

COMMON GAMING HOUSES. 433

which might lead to his discovery, the Court or Magistrate shall cause
all such passages to be concealed from view or to be obliterated so
far as may be necessary to protect the informer from discovery but
no further. But if on the trial of any offence under this Enactment
the Magistrate after full enquir}' into the case believes that the in-
former wilfully made in his information a material statement which
he knew or believed to be false or did not believe to be true or if in
any other proceeding the Court or Magistrate is of opinion that
justice cannot be fully done between the parties thereto without
the discovery of the informer, it shall be lawful for the Court or
Magistrate to require the production of the original information
and to permit enquiry and require full disclosure concerning the
informer.

20. (i) Whenever two or more persons shall be charged with any offenders as
offence against this Enactment, the Magistrate may require one or ^tnessesfor
more of them to give evidence as a witness or witnesses for the
prosecution. Any such person who refuses to be sworn or to answer

any lawful question shall be dealt with in the same manner as
witnesses so refusing may by law be dealt with by a Magistrate.

(ii) Every person so required to give evidence who shall, in the
opinion of the Magistrate, make true and full discovery of all things
as to which he is lawfully examined shall be entitled to receive a
certificate under the hand of the Magistrate stating that he has, in
the opinion of the Magistrate, made a true and full discovery of all
things as to which he was examined, and such certificate shall be a
bar to all legal proceedings against him in respect of all such things as
aforesaid.

21. The fact that a person in anj^ of the Federated Malay States Application of
is a professional gambler or is engaged in the promotion of public ^^^t^EnaJf^"
gaming shall be deemed to be a reasonable ground for believing that ment, i9io," to
the banishment of such persons from such State is necessary for the gamtTieK?^
welfare thereof within the meaning of Section 3 of " The Banish-
ment Enactment. 1010. *'

22. (i) All offences against this Enactment shall be tried sum- Trial.
marily by a Magistrate.

(ii) Any punishment authorized by this Enactment may be
imposed by the Court of a IVIagistrate of the First Class, notwith-
standing that the same be in excess of the punishment which such
Court is ordinarily empowered to impose.

23. If a person who has been convicted of an offence under Section Binding over

'on second
conviction.

4 is again convicted of the same or any other offence under that <>" second

section, the Magistrate may, in addition to the punishment provided
by that section, make an order requiring him to give security for a
period not exceeding one year by one or more sureties that he Mill
not offend against this Enactment and every such order shall be
made as nearly as may be in the same manner and shall have the
like effect and consequences as if the same were an order to give
securit}' for good behaviour under Section 74 of the Criminal
Procedure Code.

11—28

434

No. 19 OF 1912.

Eeward to
informer.

Temporary
provision ;
delivery up of
gaming
appliances.

24. The Magistrate may direct any fine or any portion of any fine
imposed under this Enactment to be paid to the informer.

25. Every person who shall immediately prior to the commence-
ment of this Enactment have been a licensee within the meaning of
'■ The Revenue Farms Enactment, 1911," liereb}" repealed shall on
the demand of anj- police officer deliver up to such police officer on
the 1st day of January, 1913, all instruments or appliances for
gaming which may be in his possession or under his control in order
that the same may be destroyed or otherwise disposed of as the
Chief Police Officer mav direct.

Schedule.

ENACTMENTS REPEALED.

I. — STATE ENACTMENTS.

State.

No. and year.

Short title.

Perak

i 4 of 1891

Lotteries Order in Council

Selangor

1 19 of 1893

Prohibition of Lotteries Regulation,
1893

N. Sembilan . .

16 of 1901

The Prohibition of Lotteries Enact-
ment, 1901

Pahang

1 9 of 1901

Do.

Perak

2 of 1907

The Suppression of Gaming Enact-
ment, 1907

Selangor

13 of 1906

The Suppression of Gaming Enact-
ment, 1906

N. Sembilan . .

12 of 1906

Do.

Pahang

1 of 1907

The Suppression of Gaming Enact-
ment, 1907

II.-r-FEDI

:ral enactment.

No. and year.

Short title.

7 of 1911

The Revenue Farms Enactment, 1911

ENACTxMENT NO. 20 OF 1912.

Af3 amended by Fed. E. 15 of 19U, 14 of 1916, 9 of 1918, and 16 of 1920.

An Enactment to make better provision for regulating
the use on public thoroughfares of Traction Engines
and Carriages attached thereto and Motor Cars.

Arthur Young, [11th December, 1912,

President of the Federal Council. 20th December, 1912.]

It is hereby enacted by the Rulers of the Federated Malay States in
Council as follows : —

1. (i) This Enactment may be cited as "" The Traction Engines short title,
and Motor Cars Enactment, 1912," and shall come into force on aud^epTa™*'
the publication thereof in the Gazette.

(ii) On the coming into force of this Enactment the Enactments
specified in the schedule shall be repealed ; provided that all ap-
pointments of officers made, all licenses and certificates of com-
petency issued, and all plates affixed under any Enactment hereby
repealed shall, subject to the terms thereof and so far as may be
consistent with the provisions of this Enactment, be deemed to
have been made, issued, and affixed under this Enactment.

2. (i) In this Enactment — loterpretation.

" Motor car " includes every description of vehicle propelled by
means of mechanism contained within itself, other than a traction
engine ;

*' Carriage " includes wagons, wains, carts, trucks, vans, cars,
lorries, and every other description of carriage intended to be drawn
by a traction engine and also any portable engine when being so
drawn ;

■' Public thoroughfare " includes all public streets, roads, high-
ways, bridges, and thoroughfares, and all places over which the public
have a right of way for A\heeled vehicles and all roadways to which
the public is granted access ;

■■ Traction engine " includes every description of vehicle propelled
by means of mechanism contained within itself and constructed
for the purpose of drawing a carriage or for the carriage of
goods and merchandise and includes rollers, road sprinklers,
and every other vehicle propelled as aforesaid not constructed
for the conveyance of passengers, but does not include a fire engine
or any vehicle used in connection with a fire engine ;

■' Tare " means the actual weight of a traction engine, carriage,
or motor car when not loaded ;

435

436

No. 20 OF 1912.

Lloensing
officers.

When the " weight " of a traction engine, carriage, or motor car
is referred to, the expression inchides in the case of a traction engine
the gross weight inclusive of the tare, the driver and necessary
attendants, and full supplies of fuel and water or whatever sources
of energy are employed in its propulsion ; in the case of a carriage
attached to a traction engine it includes the gross weight when
loaded inclusive of the tare and of the freight ; and in the case of
a motor car it includes the gross weight inclusive of the tare and
of its full complement of driver, attendants, passengers, and freight
and full supplies of fuel and water or whatever sources of energy
are employed in its propulsion.

(ii) No traction engine, carriage, or motor car shall be subject
to the provisions of " The Vehicles Enactment, 1912."'

(iii) Nothing in this Enactment contained refers to vehicles
constructed for use on fixed rails or specially prepared ways.

3. (i) In each of the Federated Malay States the Resident shall
appoint a licensing officer or licensing officers to issue licenses
within such State under this Enactment.

(ii) Any such licensing officer may refuse to issue a license for
the use of any traction engine or motor car so constructed as, in
his opinion, to be likely to be dangerous to persons or animals
lawfully using the public thoroughfares or injurious to the roadways
or bridges ; provided that the Resident of the State therein a
licensing officer may have refused a license to any person may upon
the application of such person direct such licensing officer to issue
the same, if the Resident is of opinion that the use of such traction
engine or motor car would not be dangerous to persons or animals
or injurious to the roadways or bridges, and thereupon such licensing
officer shall issue such license.

(iii) Any license issued under this Enactment may he suspended
by a licensing officer if the condition of the tractio7i engine or motor
car whereto the license relates is, in his opinion, such that its use
on public thoroughfares is likely to be dangerous to passengers or
other persons in or upon such traction engine or motor car or to persons
lawfully using the public thoroughfares ; and any license issued
under this enactment for the use of a traction engine or motor car for
hire purposes may be suspended by a licensing officer for a period not
exceeding three months upon breach by the oivner or driver of such
traction engine or motor car of any rule made under Section 20 and
relating to matters specified in clause (xii) thereof, and in any such
case the licensing officer shall endorse on the license the period of the
suspension and a reference to the rule whereof a breach was committed
provided that any person aggrieved by any suspension of a license
under this suh-seclion may appeal to the Resident of the State icherein
the order of suspension was made, and the decision of the Resident
shall be final.

Traction 4. (i) No fraction engine or motor car shall be used on a public

etifrinesand thoroughfare unless th(^ same be licensed under this Eiiactment,

motor cars to o . . i n i ^ c ^ •

beiicensed. and no fraction engine or motor car shall bo used tor lure or

trade purposes on a public thoroughfare except under a license

E. 15 of 1914.

E. of 1918.

TRACTION ENGINES AND MOTOR CARS. 437

expressly authorizing such use and except in conformity with all
the terms of such license, whether relating to the maximum load
or the maximum number of persons to be carried or otherwise.
To every traction engine and motor car licensed under this Enact-
ment the licensing officer shall assign a separate number.

(ii) A mark indicating the license number of the traction engine
or motor car shall be fixed on the traction engine or motor car in
such manner as may be provided by rule under Section 20.

(iii) If a traction engine or motor car is used on a public thorough-
fare without being licensed or if the mark to be fixed in accordance
with this Enactment is not so fixed or if being so fixed it is in any
way obscured or rendered or allowed to become not easily distin-
guishable, the owner of such traction engine or motor car and the person e. is of 1914.
driving the same shall each he guilty of an offence under this Enact-
ment ; provided that no person shall he found guilty of an offence
under this Enactment hy reason only of the obscuring of a mark or
the renderirig or allowing it to hecome not easily distinguishable if
he prove that he has taken all steps reasonably practicahle to prevent
the mark being obscured or rendered not easily distinguishable.

Provided that

(a) a person shall not be liable to a penalty under this section
if he proves that the traction engine or motor car is being
driven for the purpose of being licensed ; and

(h) a licensing officer appointed for any place in which the
business premises of any dealer in motor cars are located
may, with the approval of the Resident of the State
wherein such place is situated and on j)a3'ment of such
annual fee as may be prescribed, assign to such dealer
a general identification mark which may be used for any
motor car on trial after the arrival thereof in the
Federated Malay States or on trial by an intending pur-
chaser, and a person shall not be liable to a penalty under
this section while so using the motor car if the mark so
assigned is fixed upon the car in the manner prescribed
by rule under Section 20.

The assigyiment of a general identification mark may he revoked k. i5ofi9i4.
at any time hy the licensing officer with the approval of the Resident ;
such revocation shall he notified in ivriting to the dealer to whom such
mark was assigned and he shall he entitled to a reftind of so much of
the annual fee paid as is proportionate to the period remaining at the
date of such revocation unexpired of the year in respect of which the
fee was paid.

5. (i) No person shall drive a traction engine or motor car unless Driver's certin-
he hold a certificate of competency under this Enactment to drive '''^'^-
such traction engine or motor car. as the case may be, and no person
shall employ as driver of a traction engine or motor car an^^ person
not holding such certificate as aforesaid.

If a person acts in contravention of this provision, he shall be
guilty of an offence under this Enactment.

E. 15 of: 914.

E. of 1?1S.

438 No. 20 OF 1912.

(ii) A licensing officer after taking means to satisfy himself
that any person is acquainted with the rules of the road and
understands the road signs prescribed under Section 20 and has
sufficient knowledge of and experience in driving a traction engine
or motor car to have full control over a traction engine or motor
car in heavy street traffic may issue to such person a certificate
of competency to drive a traction engine or motor car, hereinafter
referred to as a driver's certificate.

(iii) A driver's certificate shall, subject to any suspension thereof
under Section 6, remain in force until cancelled or surrendered.

(iv) The holder of a driver's certificate shall when driving or
in charge of a traction engine or motor car produce his certificate
E.isofioii- on demand of a licensing officer or of any police officer not below
the rank of sergeant. Any person who shall contravene this pro-
vision shall be liable on conviction before a Magistrate to a fine
not exceeding fifty dollars in respect of every such contravention.

(ivA) Every holder of and every applicant for a driver's certificate
and every person eyititled to the benefit of Section 18 shall, if so required
in writing by a licensing officer, attend at such place and time as the
licensing officer directs and submit to have his finger-impressions
taken .

(v) A driver's certificate shall not be issued to any person under
the age of eighteen years.

E. i5ofi9U. (^i) Every application for a driver's certificate shall be in writing,

signed by the applicant, and shall, in addition to any other information
required by rules made under this Enactment, state whether the applicant
has held a driver's certificate or license in any part of the world and
whether such certificate or license has been endorsed, suspended, or
cancelled. If any applicant for a driver's certificate give false in-
formation in respect of any such matter, he shall be guilty of an offence
under this Enactment.

(vii) Any person aggrieved by the refusal of a licensing officer to
grant a driver's certificate may appeal from such refusal to the
Resident of the State in which such certificate was refused, and the
decision of the Resident shall be final.

Deaiint,' with 6. (i) Any driv^er's certificate may be endorsed, suspended, or

■^^"y.^f^ , cancelled

certiUcates.

(a) by a Court before which the holder thereof has been con-
victed of any offence under this Enactment or of any
other offence committed by him in respect of his use of a
traction engine or motor car ;
K. 9 of 1018. {b) by a licensing officer upon breach by the holder of the certificate

of the provisions of sub-section (ivA) of Section 5 or upon
such facts coming to the knowledge of the licensing officer
as he may deem sufficient to prove that the driving of a
traction engine or motor car by the holder of the certi-
ficate is a source of danger to the public.
E. 9 of 1018. (i^*^) ''^'>^y driver's certificate may be suspended by a licensing

officer for a period not exceeding three months upon breach by the
holder thereof of any rule made under Section 2() and relating to matters

E. IG of 1920.

TRACTION ENGINES AND MOTOR CARS. 439

specified in clause (xiii) thereof, ayid in any such case the licensing
officer shall endorse on the certificate the period of the suspension and
a reference'to the rule whereof a breach was committed.

(ii) Any Court endorsing, suspending, or cancelling a driver's
certificate shall give notice thereof to the licensing officer at the
place where such certificate was issued. •

(iii) Where any Court or licensing officer decides to endorse,
suspend, or cancel a driver's certificate, the holder shall deliver the
license to the Court or licensing officer on demand.

(iv) Any person aggrieved by any action of a licensing officer
under the provisions of this section may appeal to the Resident of
the State wherein such action was taken, and the decision of the
Resident shall be final.

6a. // any person not duly authorized in that behalf alters, cancels, Tamperin? with
€§aces, conceals, or renders illegible any endorsement made under this endoKement.
Enactment upon a driver's certificate, he shall be guilty of an offence ^i^o'i^i''-
nnder this Enactment.

6b. (i) On complaint made to a licensing officer in any State by a wuhhokiins;
person to whom a driver's certificate has been issued that such certificate gcale from^ '"
is in the possession of any other person ivithin such State, the licensing
officer may by notice in writing to the person in whose possession such
driver's certificate is, or is alleged to be, require him to forthwith
deliver the same to the licensing officer and may on receipt thereof,
unless good cause be shewn to the contrary, return the same to
the person to whom the same was issued.

(ii) Any person who, without reasonable excuse the burden of proof
whereof shall be on him, fails to comply ivith a notice under this section
shall be guilty of an offence under this Enactment.

7. NotA\ithstanding anything in this Enactment contained, it persons
shall be lawful for a person not holding a driver's certificate who is [fr"g'"=
being taught to drive a traction engine or motor car to drive such
traction engine or motor car upon unfrequented roads, if accom-
panied by a person holding a driver's certificate.

8. If anj' person forges or fraudulently lends or allows to be used Forgery or
by any other person or transfers or affixes to any traction engine or
motor car for which it was not issued any mark for identifjdng a
traction engine or motor car under this Enactment, he shall be guilt}^
of an offence under this Enactment.

9. Every person who shall transfer the ownership of any traction Record of
engine or motor car licensed under this Enactment shall immediately o^n"erehip.
notify such transfer in writing to a licensing officer at the place
where such traction engine or motor car was licensed, and such
officer shall record the same.

10. A person driving a traction engine or motor car shall, if an Duty to stop ia
accident occurs to any person, whether on foot, on horseback, or ^cddent.

in a vehicle, or to any horse or vehicle in charge of any person, or E.i5ofi9i4.
to property of any kind owing to the presence of the traction engine
or motor car on the road, stop and, if required, give his name and
address and also the name and address of the owner and the license

transfer of
mark.

440

No. 20 OF 1912.

Reckless,
negligent, or
dangerous
drivin''.

E. 15 0/1914.

E. 15 of 1914.

Power to
restrict the use
of traction
eneines and
motor cars.

E. 9 of 1918.

number and mark of the traction engine or motor car ; and if any
person knowingly acts in contravention of this section, he shall
be liable on conviction before a Magistrate to a fine not exceeding
one hundred dollars in respect of the first offence, and in respect
of the second offence to a fine not exceeding two hundred dollars,
and in respect of any subsequent offence to a fine not exceeding^
two hundred dollars or in the discretion of the Court to imprison-
ment of either description for a term not exceeding one month.

11, (i) If any person drives a traction engine or motor car on a-
public thoroughfare recklessly or negligently or at a speed or in a.
manner which is dangerous to the public having regard to all the
circumstances of the case including the nature, condition, and use
of the thoroughfare and to the amount of traffic Avhich actually
is at the time or which may reasonably be expected to be on the
thoroughfare, that person shall be guilty of an offence under this
Enactment.

(ii) If any person drives a traction engine hauling a carriage at a
greater speed than six miles an hour, that person shall be guilty of
an offence under this Enactment.

(iii) // any person drives on a public thoroughfare a motor car
which is overcrowded with persons, or from which any article projects
so as to be likely to obstruct, endanger, or interfere ivith the traffic on
such thoroughfare, he shall be guilty of an offence under this Enact-
ment.

(iv) // any person rides on a motor car otherwise than inside the
same while it is being driven on a public thoroughfare, such person
and the driver of the motor car shall each be guilty of an offence under
this Enactment.

12. (i) In any case in which it may appear to the Resident of any
State that the use of any particular description of traction engine or
motor car or carriage is likely to cause excessive wear and tear of
the public thoroughfares or to be dangerous or inconvenient to the
l^ublic or that the use of any particular description of traction
engine or motor car or carriage or of traction engines, motor cars:
or carriages generally is or is likely to be dangerous or inconvenient
to the public in certain localities or on certain bridges in such
State, it shall be laAvful for such Resident from time to time with the
approval of the Chief Secretary to Government by notification in
the Gazette to make such orders restricting the particular or general
use of traction engines, motor cars and carriages as may in the
circumstances seem fit and from time to time with the like approval
to vary or rescind any such order.

(ii) The Resident of any State may, with the approval of the Chief
Secretary to Government, by notification in the Gazette make orders
restricting to, or prohibiting from, use on such public thoroughfares
in the State as may be specified in the notification all or any traction
engines or motor cars licensed or otherwise authorized under this Enact-
ment to be used for hire purposes and may from time to time, with the
like approval, vary or rescind any such order.

(iii) Any person using any traction engine, motor car or carriage
contrary to any order made under this section shall be guilty of an
offence under this Enactment.

TEACTION ENGINES AND MOTOR CARS. 441

13. No person shall drive a traction engine or motor car over any Bridges of
bridge on or near which a conspicuous notice has been placed by c^acitv.
the authorit}^ of the State Engineer of the State wherein such bridge

is situate or his representative to the effect that such bridge is not
designed to carry traffic of over a specified weight, unless the weight
of such traction engine or of such traction engine and the carriages
attached thereto or of such motor car, as the case may be, is less than
the weight so specified or unless he has previously obtained the con-
sent of such State Engineer or his representative to so use the bridge.

14. When any traction engine which exceeds five tons in weight Attendants for
is travelling on a public thoroughfare, two persons, one of whom ^ixceed^n'^ive^
shall hold a driver's certificate, shall be employed in driving or *'0^^-
attending to it ; and when any carriages are attached to such

traction engine there shall be an attendant in charge of each carriage.
A breach of this section shall be an offence under this Enactment.

15. The Chief Secretary- to Government may from time to time Speed limit.
by notification published in the Gazette prohibit the driving of motor

cars generally or of particular classes of motor cars within the limits
of any township or over any public thoroughfare specified in the
notification at a speed exceeding that prescribed by the notification
for such township or thoroughfare, as the case may be.

Any person who shall contravene the terms of any prohibition
published under this section shall be guilty of an offence under this
Enactment.

16. When any person is found using a traction engine or motor Detention of
car in contravention of any provision of this Enactment or of any traction en<?ine
rule made thereunder, it shall be lawful, in an^^ case in which such poncl°^^^^ ^
traction engine or motor car or its driver cannot be identified and

in any case in which such action may appear to be necessary to
cause a discontinuance of such offence, for any police officer to
take or cause to be taken the traction engine with any carriage
attached thereto or the motor car to a place of safety there to be
kept pending the order of a Magistrate.

Any person removing or causing to he removed such traction engine E.i5ofi9ii.
or motor car from the place of safety pending the order of a Magistrate
without the consent of the Chief Police Officer shall he guilty of an
offence under this Enactment.

17. A licensing officer may at any time, by notice in writing inspection.
stating the grounds on Avhich inspection is desired, require the
owner of any licensed traction engine or motor car to produce for

his inspection such traction engine or motor car or the license relat-
ing thereto, and such owner shall Avithin seven days from the
delivery to him of such notice produce the same accordingh^.

17a. (i) The Resident of a State may, with the approval of the Fixin- of rates
Chief Secretary to Government, by notification in the Gazette prescribe and charges.
for such State or any part thereof or route therein the rates and charges -^^ ^ °^ ^^^®-
jmyable in respect of

(a) conveyance of passengers and goods by traction engines,
carriages, and motor cars licensed or otherwise authorized
under this Enactment to be used for hire purposes, and

442

No. 20 OF 1912.

Hire-cars to
wait at stands.

Display ot
tables of (
distances'and
of rates and
charges.

Kon-ipayment of
fare.

(b) periods during which in the course of any hiring such traction

engines, carriages, and motor cars are detained stationary
at any place for the purposes of the hirer, and

motor cars from places to ivhich passe7igers or goods have

been conveyed,
and may from time to time, ivith the like approval, vary and rescind
any rate or charge so prescribed.

(ii) When rates or charges shall have been prescribed under this
section for any place or route, then, except in cases of express contract
to the contrary, the rates and charges so prescribed shall be legally
payable, and no other rates or charges shall be payable in respect of
any conveyance of passengers or goods, detention, or return journey
for which rates or charges are so prescribed.

17b. // any driver or person in charge of a motor car licensed
or otherwise authorized under this Enactment to be used, for hire
purposes shall wait or loiter with such motor car on any public
thoroughfare whilst there is room for such motor car at any place
within a reasonable distance ivhich is specially appointed by jjublic
notice or otherwise as a stand for motor cars waiting for hire, he shall
be guilty of an offence under this Enactment,

17c. (i) It shall be the duty of licensing officers to supply on demand
and payment of the prescribed fee, if any, to the owner or driver of
every traction engine, carriage, and motor car licensed or otherwise
authorized under this Eyiactment to be used for hire purposes tables
of distances and of the rates and charges prescribed for the time being
for any State under Section 17a, in order that such tables may be
conspicuously exhibited upon such traction engine, carriage, or motor
car.

(ii) For tables supplied under this section such fees may be charged
as shall be prescribed by rule under Section 20.

(iii) // in any State a traction engine, carriage, or motor car licensed
or authorized as aforesaid ivaits for hire or for passengers on a public
thoroughfare, or is stationary at a place specially appointed by public
notice or otherwise for traction engines, carriages, or motor cars so
waiting, or is used on a public thoroughfare, without bearing con-
spicuously exhibited thereon in a legible condition tables, supplied
by a licensing officer, of distances and of the rates and charges pre-
scribed under Section 17a for such State, the owner thereof and the
person in charge of or driving the same shall each be guilty of an
offence and liable on conviction to a fine not exceeding one hundred
dollars, unless he prove that he had taken all steps reasonably prac-
ticable to ensure that such tables shoidd be and remain conspicuously
exhibited on such traction engine, carriage, or motor car.

17d. Any person who having travelled in a motor car licensed or
otherwise authorized under this Enactment to be used for hire purposes
shall at the end of his journey in such motor car refuse or neglect
to pay to the owner or driver thereof such sum as is legally payable
by him in respect of such journey shall be guilty of an offence under
this Enactment ; and the Magistrate before whom the conviction is
had may order that the whole or any part of any fine imposed be paid

TRACTION ENGINES AND MOTOR CARS. 443

to the said owner or driver and may also order payment of the sum
'payable in respect of the journey. Any sum so ordered to be paid
shall be recoverable as if it were a fine.

17e. // the driver or person in charge of a motor car licensed or Refasin?
otherwise authorized under this Enactment to be used for hire purposes p*s^®°=«"-
.which is waiting for hire or for passengers on a public thoroughfare
or is stationary at a place specially appointed by public notice or
otherwise for motor cars so ivaiting or is being used on a public
thoroughfare shall without reasonable excuse, tfie burden of proof
whereof sJiall lie on him, refuse to accept a passenger on demand,
he shall be guilty of an offence under this Enactment ; provided
that

(a) no motor car plying regularly on a fixed route shall by reason

of anything in this section contained be liable to be diverted
from such route ; and

(b) any person who shall require the driver or person in charge

of a motor car to convey him on any journey without having
the full number of passengers autJiorized under this Enact-
ment to be carried in such motor car shall, in the absence
of an express contract to the contrary, pay at the end of the
journey to sucli driver or person in charge the difference
between the amount payable {otherwise than tnider this
proviso) in respect of such journey by the persons actually
conveyed thereon and the amount which ivould have been
payable if such full number of passengers as aforesaid had
been conveyed.

17f. In the eveyit of any dispute between the hirer and driver of Disputes as to
any motor car with regard to the sum payable in respect of the hiring, ^*''®-
the hirer may require the driver to drive to the nearest Police Station,
and on arrival there the hirer shall deposit the sum demanded from
him with the officer in charge of the station, who shall pay the same
over to the nearest licensing officer to be by him retained until the
matter in dispute shall be decided by a Magistrate or otherwise.

18. (i) Any person other than a person residing in the Federated Driver's
Malay States to whom a certificate of competency or driver's Ucense if^"ed°outside
has been issued in any place outside the Federated Malay States the Federated
to which the Chief Secretary to Government shall by notification ^^^'^^ *"^^'^^-
in the Gazette have directed that this section shall apply or in the
Colony under the provisions of any law relating to traction engines
or motor cars and which certificate of competency or driver's license
would, if such person were in the place Avhere it Avas issued, still be
in force may drive a traction engine or motor car without a driver's
certificate under this Enactment ; provided that such person shall
when driving a traction engine or motor car in the Federated
Malay States carry on his person such certificate of competencj'
or driver's license ; and produce the same on demand of a licensing e. 1.3 of 1014.
officer or of any police officer not below the rank of sergeant ;

(ii) // any such person fails so to produce on demand such certificate e. n of in4.
of competency or driver's license, he shall be liable on conviction before
a Magistrate to a fine not exceeding fifty dollars in respect of each such
offence.

444

No. 20 OF 1912.

Traction
cnpines and
motor cars
registered
outside the
Federated
Malay States.

E. 14of 191C.

E. 10 of 1920.

Rules.

E. Oof 1918.

E. 15 of 1914.

(iii) Any such certificate of competency or drive)'' s license may he
endorsed, suspended, or cancelled, in the same manner as if it had
been issued under the provisions of this Enactment.

19. Any traction engine or motor car not owned by a person resid-
ing in the Federated Malay States may

{a) if it is registered or licensed under the provisions of any law
in a place, outside the Federated Malay States and the
Colony, to which the Chief Secretary to Government shall
by notification in the Gazette have directed that this section
shall apply, be used on public thoroughfares in the Federated
Malay States, and

(h) if it is registered or licensed under the provisions of any law
in the Colony, be used on public thoroughfares in the Feder-
ated Malay States * * *

without being licensed under this Enactment ; provided that the owner
and the driver of such traction engine or tnotor car shall be liable in
all other respects to the provisions of this Enactment.

20. The Chief Secretary to Government may from time to time
make rules

(i) to specify the number, class, and eliticiency of the brakes to
be used on any traction engine or motor car or carriage ;

(ii) to declare the rules of the road to be observed by drivers
of traction engines and motor cars ; and the general precautions
to be taken by them for avoidance of risk of accident.

(iii) to regulate and, if necessary, prohibit the use of horns and
other appliances for giving warning of approach ;

(iv) to control the emission of sparks, smoke, and visible vapour ;

(ivA) to prohibit the use of any appliance or the doing of any act
which is likely to cause annoyance or danger ;

(v) to regulate the ^^idth of tyres and the material of which
they may be made and, if necessary, to prohibit the use of any
tyres likely to cause damage to the road ;

(vi) to regulate the number of carriages that may be attached
in train to any traction engines, the manner in which the same
shall be kept under control, and the weights to be carried on the
carriages ;

(vii) to facilitate the identification of traction engines, motor
cars and carriages ;

(viii) to regulate the size, shape, and character of the identifying
marks to be fixed under this Enactment and the mode in which
they are to be fixed and to be rendered easily distinguishable by
night and day ; and to prescribe the fees to be charged for dealers'
identification marks assigned under Section 4 ;

(ix) to regulate the licensing of traction engines, motor cars and
carriages, the form and contents of the licenses and the periods
during which licenses shall remain in force, to prescribe the fees
to be charged for licenses and the mode of collection and disposal
of such fees, and to provide for the cancellation or suspension of

TRACTIOX ENGINES AND MOTOR CARS. 445

licenses ; provided that no fees shall be payable for licenses issued
in respect of traction engines or motor cars belonging to the Govern-
ment or in respect of motor cars belonging to any public servant
drawing an allowance in respect thereof from public funds or in
respect of traction engines or motor cars kept exclusively for sale
by ho7id fide dealers therein ;

(ixA) to empower licensing officers when licensing any motor car
to determine the number of persons that may he carried by such motor
car and to enter such number in the license.

(x) to regulate the granting of drivers' certificates and the form
and contents thereof and to prescribe the fees to be charged therefor
and the mode of collection and disposal of such fees ; provided
that no fee shall be payable for a driver's certificate issued to a
public servant in respect only of a traction engine or motor car
belonging to the Government or in respect onh' of a motor car on
account of A\hich such public servant draws an allowance from
public funds ;

(xi) to regulate the lights to be carried by traction engines,
motor cars and carriages, whether in respect of the nature of such
lights, the positions in which they shall be fixed, the periods during
which they shall be lighted or otherwise :

(xii) to prescribe in respect of traction engines, motor cars and
carriages to be used for hire or trade purposes the size and weight
thereof, the number of passengers (if any) that may be carried,
the positions ivhich they may occupy, 3ind the seating accommodation e gofiois,
to be provided, and to provide for the marking thereon of the said
particulars and of such other particulars as may be specified, and,
in respect of motor cars to be used for hire purposes, to prescribe
requirements as regards mechanism, painting, cleanliness, and com-
fort. Any rules made under this clause may be of general applica-
tion or be limited to particular localities or thoroughfares to be
specified in the rnles ;

(xiii) to prescribe the number of persons to be employed in the
working and management of motor cars used to convey persons
for hire, and to regulate the duties and conduct of such persons
and of the drivers of such cars. e. 9 of 1918.

(xiv) to regulate or restrict the carriage of luggage or other goods e. 9 of 191s.
on motor cars plying for hire :

(xv) to prescribe the fixing of apparatus for the purpose of
limiting the maximum speed of traction engines or motor cars ;

(xvi) to prescribe road-signs to be set up on or near public
thoroughfares for the information of persons driving traction
engines and motor cars ; and

(xvii) generally to carry out the purposes of this Enactment.

All rules made under this section shall be published in the Gazette.

21. A person guilty of an offence under this Enactment for Penalty.
which no penalty is otherwise expressly provided or of a breach of any ^- 15 of i^i*-
rule made thereunder shall be liable on con^'iction by a Magistrate

446

No. 20 OF 1912.

Liability.

Power to
exempt.

E. 15 of 1911.

to a fine not exceeding two hundred dollars in respect of each
offence or breach, and in the case of a second or subsequent con-
viction to a fine not exceeding five hundred dollars or in the dis-
cretion of the Court to imprisonment of either description for a
term not exceeding three months.

22. Nothing in this Enactment shall be held to affect any liability
of the driver or owner of a traction engine or motor car by virtue
of any Enactment or otherwise.

23. The Chief Secretary to Government may exempt any traction
engine or motor car or type of traction engine or motor car from the
operation of all or any of the provisions of this Enactment or from
the fees payable thereunder or may reduce such fees.

Schedule.

ENACTMENTS REPEALED.

I. — State Enactments.

State.

No. and year.

Short title.

Perak

9 of 1903

The Automobiles Enactment, 1903

Selangor

7 of 1903

Do.

N. Sembilan . .

19 of 1903

Do.

Pahang

8 of 1903

Do.

Perak

15 of 1909

The Automobiles Enactment, 1903,
Amendment Enactment, 1909

Selangor

16 of 1909

Do.

N. Sembilan . .

16 of 1909

Do.

Pahang

16 of 1909

Do.

II. — Federal Enactments.

No. and year.

Short title.

7 of 1910

The Automobiles Enactments, 1903, Amend-
ment Enactment, 1910

ENACTMENT NO. 1 OF 1913.

As amended by Fed. E. 25 of 1915, 10 of 1916, 19 of 1917, and 29 of 1920.

An Enactment to make better provision for the organi-
zation and discipline of Volunteer Forces in the
Federated Malay States.

Arthur Young, [30th July, 1913.

President of the Federal Council. 1st August, 1913.]

It is hereby enacted by the Rulers of the Federated Malay States short title,

/-^ •1 i? 11 commenoe-

in Council as tolioWS : ment, and

1. (i) This Enactment may be cited as "' The Volunteer Enact- ""^p®^'
ment, 1913," and shall come into force on the publication thereof

in the Gazette.

(ii) Upon the coming into force of this Enactment the Enactment
specified in the first schedule shall be repealed : provided that all
corps and all appointments subsisting immediately prior to the
commencement of this Enactment which were duly constituted or
made under the Enactment hereby repealed or under any prior
Enactment providing for the establishment of a Volunteer Force
in the Federated Malay States or any of them shall, so far as may
be consistent with the provisions of this Enactment, be deemed
to have been constituted and made under this Enactment.

2. In this Enactment unless the context otherwise requires — interpretation.
" Chief Secretary " means the Chief Secretary to Government,

Federated Malay States.

" General Officer Commanding " means the General Officer Com-
manding the troops in the Colony and includes the Officer for the
time being Commanding the Troops in the Colony.

"Commandant " means such officer as may from time to time be e. i9ofi9i7.
appointed by the Chief Secretary to command a Volunteer Corps in the
Federated Malay States, or in his absence the senior combatant officer
of that corps ; and for the purpose of the application of this Enactment
to a Volunteer Corps whereof no Commandant shall have been appointed
" Commandant " means in the case of each unit of such corps the
officer appointed for the time being by the Chief Secretary to command,
such unit, or in his absence the senior officer of such unit.

" Adjutant " includes any person whose appointment as Adjutant
to a Volunteer Corps of the Federated Malay States has been notified
in the Gazette.

" Officer " means a person holding a commission as officer in a
Volunteer Corps of the Federated Malay States, and " Volunteer "
means a member of such a Volunteer Corps not being an officer ;
and, saving in Sections 4, 16, and 20, "' Officer " shall include all
officers belonging to a force raised in the United Kingdom of Great

447

448

No. 1 OF 1913.

Britain and Ireland, in India or in a British Colony when attached
to or doing duty with any portion of the Volunteer Forces of the
Federated Malay States, and " Volunteer " shall include all non-
commissioned officers and men belonging to a force raised in the said
United Kingdom, in India, or in a British Colony when attached to or
otherwise acting as part of or with any portion of the Volunteer
Forces of the Federated Malay States.
E. 29 of 1920. " Advisory Committee " means an Advisory Committee established

by the Chief Secretary in accordance with the provisions of this
Enactment.

"Army Act" means the Act of the Parliament of the United
Kingdom of Great Britain and Ireland, Forty-four and Forty-five
Victoria, chapter 58, and any other Act of the said Parlianemt for
the time being amending the same.

" Appointments " includes accoutrements and equipments of
every kind other than clothing.

Chief Secretary
may accept
and may
•discontinue
services of
■corps.

E, 29 of 1920.

Commissions,
appointments,
and promotions.

E. 10 of 1916.

Cadet Corps.
E. 19 of 1917.

PART I.
ORGANIZATION OF VOLUNTEER CORPS.

3. (i) It shall be lawful for the Chief Secretary to accept the
services of any persons desiring to become members of a Volunteer
Corps under this Enactment and offering their services, and on such
acceptance being notified in the Gazette the proposed corps shall be
deemed lawfully constituted under this Enactment.

(ii) Any such corps shall be designated by such title and shall
consist of such establishment as the Chief Secretary, upon the
recommendation of the General Officer Commanding, shall by regula-
tion direct.

(iii) The object of any such corps shall be to suppress local disturb-
ances and to assist the Imperial Forces in the permanent defence of the
Malay States.

(iv) The Chief Secretary may disband or discontinue the services
of any Volunteer Corps or any part thereof whenever it seems to him
expedient so to do.

4. (i) The officers shall be commissioned by the High Com-
missioner, and no such commission shall be deemed vacated by the
death or retirement from office of the High Commissioner by whom
the same was issued.

(ii) All appointments and promotions of officers shall be published
in the Gazette and shall take efYect from the date specified in such
publication.

(iii) The non-commissioned officers shall be appointed and
promoted by the Commandant.

4a. (i) It shall be lawful also for the Chief Secretary to accept the
services, but without enrolment as members of a Volunteer Corps, of
youths of twelve years of age and upwards ivhom he may deem qualified
as cadets to be formed into a Cadet Corps.

(ii) Such corps may, at the discretion of the General Officer Com-
mandi7ig and ivith the concurrence of the Chief Secretary, be attached
to a Volunteer Corps.

VOLUNTEER. 449

(iii) The officers of a Cadet Corps shall he commissioned by the
High Commissioner and no such commission shall be deemed vacated
by the death or retirement from office of the High Commissioner by whom
the same was issued.

(iv) The General Officer Commanding may from time to time make
regulations, to be approved by the Chief Secretary, for the general
government, management, and discipline of Cadet Corps and the
conditions under which the same may be disbanded or the services of any
members thereof dispensed with.

5. Every person enrolled after the commencement of this Enact- Term of service,
ment in a Volunteer Corps under this Enactment shall engage to

serve for a period of not less than two years,

6. (i) Subject as hereinafter mentioned any volunteer may, except Power of
when on active service, quit his corps before the expiration of the time qultclfrpVon
for which he has engaged to serve if couditions.

(a) he obtains from the Chief Secretary permission in writing to "'
do so, and such permission is granted upon the ground of
ill-health, change of residence or other sufficient cause ;
{b) the Advisory Committee of the Company of the Volunteer Corps
on the strength of ivhich he is borne or if not borne on the
strength of any company the Head Quarters Advisory Com-
mittee of the corps of which he is a metnber recommends that he
be allowed to quit his corps and such recommendation has been
approved by the Chief Secretary.

(ii) A volunteer quitting his corps under the provisions of sub-
section (i) shall

(a) deliver up in good order (fair wear and tear only excepted)
all arms, clothing, and appointments, being property of
the Government, issued to him ; and

(6) pay all money due or becoming due by him under the
regulations of the corjos either before or at the time of
or by reason of his quitting it ;

and thereupon he shall be struck out of the muster roll of the corps
by the Commandant.

(iii) If any person fails to deliver up in good order (fair wear and
tear excepted) an}- arms, clothing, or appointments which he is liable
under this Enactment or any regulation made thereunder to deliver
up, he shall be liable to pay to the Government of the Federated
Malay States the value thereof, and such value shall be determined
by the Commandant.

7. Every member of a Volunteer Corps shall, until he quits the Members
corps in the prescribed manner, remain subject to the provisions of Eoictment.
this Enactment,

8. Any member of a volunteer corps who having served for a Penalty for
period of not less than two years and being on the effective muster ^"'eveot''"'^''^
roll of such corps on a date within three months before the date of annual

the annual insj^ection prescribed by Section 10 quits his corps before '°^^^° '°"'
such last-mentioned date otherwise than under clause (a) of sub-
section (i) of Section 6 shall be liable to pay on the order of the Com.- e. 19 of im.
ir— 29

450

No. 1 OF 1913.

When
volunteers
to be under
L-ommand of
officers of
regular forces.

Annual
inspection.

Requisites of
efficiency to
be declared
by General
Officer
Commanding.

B. 29 of 1020.

Efficiency.
E. 29 of 1920.

E. 19 of 1917.

Repealed by
E. 29 of 1920.

Court of
Entjuiry.

mandant a fine of twenty-five dollars which shall be paid into a
Government Treasury to the credit of the Government
Federated Malay States.

9. Whenever any volunteers are on active service or are under-
going drill, exercise, or inspection or voluntarily doing any duty
together with His Britannic Majesty's regular forces, they and their
officers shall, subject to regulations under this Enactment, be under
the command of the officers of His Britannic Majesty's regular
forces ; provided always that the volunteers shall, when the circum-
stances of the service admit, be led by their own officers under such
command.

10. (i) Every Volunteer Corps shall be inspected at least once in
each year by such officer as the General Officer Commanding may
nominate in that behalf.

(ii) Every member of a Volunteer Corps shall attend every
inspection of his corps held under sub-section (i) except on any
occasion when he shall have previously obtained from the Comman-
dant wTitten permission to be absent. No application for such
permission on the ground of ill-health shall be entertained by the
Commandant unless it be supported by a certificate from a duly
qualified medical practitioner,

11. The General Officer Commanding may by regulations under
Section 14 declare what is requisite to entitle a volunteer to be classi-
fied as an effective, by defining for that purpose the course of in-
struction and training to be gone through by the volunteer and the
degree of proficiency in drill and instruction to be attained by
him and by the corps or any part thereof to which he belongs, such
proficiency to be estimated by the inspecting officer at the annual
inspection of the corps or otherwise as prescribed.

12. (i) Every member of a Volunteer Corps who shall have
joined such corps shall qualify to be classified as an effective in any
year by jjerforming a jjroportionate amount of training on the scale
laid down from time to time according to the month in which he shall
have enrolled. The Commandant shall have power to vary this amount
in special circumstances by permitting members to do less training
under instructions to be issued from time to time by the General Officer
Commanding.

(ii) Any member of a Volunteer Corps who shall fail to comply
with the requirements of sub-section (i) shall be liable to pay on the
order of the Commandant a fine of twenty-five dollars, which shall be
paid into a Government Treasury to the credit of the Government of
the Federated Malay States.

1 o ^ ***** *

13. (i) The General Officer .Commanding may at any time
assemble a Court of Enquiry, composed of members of a Volunteer
Corps, to enquire into any matter relative to such corps or any part
ther(H)f or to any officer or volunteer and to record the facts and
circumstances ascertained on such enquiry and, if required, to report
on the same for his information.

VOLUNTEEE. 451

(ii) The Commandant may at any time assemble a Court of
Enquiry, composed either of officers and volunteers belonging to a
Volunteer Corps or of such officers or of such volunteers, to enquire
into any matter relative to such corps or any part thereof or to any
volunteer not being an officer and to record the facts and circum-
stances ascertained on such enquir}^ and, if required, to report on the
same for his information.

(iii) The Chief Secretary may call for the report or finding of any e. 29 of 1920,
Court of Enquiry and such report or finding shall he subject to the
confirmation, amendment or revision by the Chief Secretary or maybe
otherwise dealt with by him.

14. (i) The General Officer Commanding mav from time to time by Power of
notification in the Gazette make regulations to be approved by the commanding
Chief Secretary respecting anything in this Enactment directed or ^e^'Satfons.
authorized to be done or provided by regulations and also such other
regulations to be approved by the Chief Secretary (not being incon-
sistent with the provisions of this Enactment) as may seem fit
respecting

(a) the ei-p]iointnient,])Toinotion, resignation, retirement and rank

of officers ;

(b) the assembling and proceedings of Courts of Enquiry ;

and to persons who have been officers or volunteers ;

(d) generally the execution of this Enactment and the general

government and disciphne of the Volunteer Force.

(ii) The Chief Secretary may appoint an Advisory Committee for e. 29 of 1920.
each Company of a Volunteer Corps and also an Advisory Committee
for the Head Quarters of the Corps. Stich Advisory Committees shall
he composed of such members of the Volunteer Corps and of such other
persons as the Chief Secretary may from time to time appoint to act
during the pleasure of the Chief Secretartj and they shall exercise the
powers and duties which are expjressly given to or imposed on them
hy this Enactment or which may from time to time he given to or imposed
on them hy the Chief Secretary in order to facilitate the carrying out of
any of the provisions of this Enactment.

(iii) The Chief Secretary may from time to time make rules to he
published in the " Gazette " governing Advisory Committees and their
procedure and providing for the due and proper execution of their powers
and duties.

(iv) Nothing herein contained shall he deemed to authorize or empower
an Advisory Committee to exercise any of the powers or duties hy this
Enactment conferred or imposed upon the General Officer Commanding
unless the General Officer Commanding shall expressly assent thereto.

15. If any person belonging or having belonged to a Volunteer Recovery of
Corps neglects or refuses to pay any fine incurred by him under ^°^"
this Enactment or under the regulations of the corps, such fine
shall (v.-ithout prejudice to any other remedy) be recoverable from
him Avith costs at any time within eighteen months after the same
becomes due and payable in the manner hereinafter mentioned
and when recovered shall be paid into a Government Treasury to
the credit of the Government of the Federated Malay States.

452

No. 1 OF 1913.

PART II.

Chief Secretary
may call out
volunteers
for active
service in case
of emergency.

Volunteers
when called out
on service to be
entitled to pay
and quarters.

Relief to
families of
volunteers
called out on
service.

When
travelling
expenses are
payable to
volunteers.

Pensions to
officers and
volunteers
disabled on
service and to
widows and
families of those
killed on
service.

ACTIVE SERVICE.

16. (i) In case of great national or local emergency or in case of
actual or apprehended invasion of or attack on the Federated Malay
States the Chief Secretary may call out any Volunteer Corps or
any part thereof for active service.

(ii) Every officer and volunteer belonging to any corps or part
of a corps so called out shall be bound to assemble at such place and
perform such service as may be directed by the Chief Secretary.

(iii) Every such officer and volunteer from the time of his corps
or part thereof being so called out shall for the purposes of this
Enactment be deemed to be on active service. If any such officer
or volunteer not incapacitated by infirmity for service refuses or
neglects so to assemble, he shall be deemed a deserter.

(iv) The period of such service shall continue so long as the
Chief Secretary shall consider necessary and shall end only by order
of the Chief Secretary.

(v) Nothing in this Enactment shall render any officer or volun-
teer liable to serve or proceed on duty without his consent beyond
the limits of such portion of the Malay Peninsula and the adjacent
islands as may for the time being be under British protection or
jurisdiction.

17. All persons enrolled in any Volunteer Corps when called out
on active service by the Chief Secretary shall be entitled to pay and
allowances in the same manner and after the same rates and con-
ditions and to be quartered or billeted in like manner in every
respect and under and subject to the same regulations as His
Britannic Majesty's forces, so far as the same shall by the Chief
Secretary be deemed applicable to the Volunteer Corps.

18. All persons enrolled as aforesaid who shall, when called out
on active service, leave families unable to support themselves shall
during the period of their absence on active service be entitled to
relief for their wives and families, and it shall be lawful for the Chief
Secretary to fix the amount of such relief.

19. Whenever any person enrolled as aforesaid shall be called out
on active service away from his place of residence, he shall be
entitled to receive, if willing to do so, his travelling expenses from
and to such place of residence, and it shall be lawful for the Chief
Secretary to fix the rate and amount of such expenses.

20. All officers and volunteers who shall have received wounds
or injuries on active service and the widows and families of all
officers and volunteers who shall have been killed or have died,
within twelve months after having been wounded, of wounds
received during active service or have died within twelve months
from illness directly traceable to fatigue or exposure incident to

VOLUNTEEE.

453

when not on
active service.

E. 25 of 1915.

active service shall be entitled to such pensions or gratuities
as shall be fixed by the Chief Secretary ; provided that no pension
or gratuity under this section shall exceed the sum of one thousand
dollars per annum.

PART III.

DISCIPLINE.

21. The discipline of officers and volunteers when they are not as to discipline
(a) on active service, or

(6) undergoing drill, exercise, training, or inspection together' with,
or voluntarili/ doing any duty together with, the Malay States
Guides or His Britannic Majesty's regular forces or any
part thereof,

shall be maintained as folloius :

(i) The Commandant may, subject to such appeal to the Chief e. 29 of 1920.
Secretary as is hereinafter mentioned, discharge from a Volunteer
Corps any volunteer and strike him out of the muster roll either for
disobedience of orders by him while doing any duty with the corps or
any part thereof or for neglect of duty or misconduct by him as a member
of the corps or for other sufficient cause the existence and sufficiency of
such causes respectively to be judged of by the Commandant or, in case
of appeal, by the Chief Secretary.

(ii) Any volunteer so discharged shall nevertheless be liable to
deliver up in good order (fair wear and tear only excepted) all arms,
clothing, and appointments, being property of the Government
issued to him and to pay all moneys due or becoming due by him
under this Enactment or under regulations of the corps either before
or at the time of or by reason of his discharge, and the amount of such e. 19 oi 1917.
moneys shall be determined by the Commandant, but any volunteer
who feels aggrieved by such discharge may appeal to the Chief
Secretary Avithin three months after such discharge and the Chief
Secretary may cancel or confirm such discharge or give such other
directions with reference thereto as to him may seem just and proper,
and such determination shall be binding on all persons.

(iii) If any officer or volunteer while

(a) he is on the line of march or on duty with the corps to which
he belongs or any part thereof, or

(&) he is engaged in any exercise or drill with such corps or any
part thereof, or

(c) he is wearing the clothing or accoutrements of such corps
and is going to or returning from any place of exercise,
drill, or assembly of such corps or is otherwise on duty,

disobeys any lawful order of any officer or is guilty of misconduct,
the senior officer present in command of the corps may order the

454

No. 1 OF 1913.

offender if an officer into arrest and if not an officer into the custody
of any volunteer belonging to the corjis : provided that the offender
shall not be kept in such arrest or custody longer than during such
time as the corps, or such part thereof as aforesaid, then remains
on march or duty or continues engaged in any such exercise or drill
as aforesaid or otherwise on duty ; and for the purposes of this pro-
vision any such officer or volunteer while going to or returning from
any place of exercise, drill, or assembly of his corps shall be deemed
to be on duty so long as he continues to wear the clothing or
accoutrements of such corps.

(iv) Every such arrest shall be forthwith reported to the Com-
mandant.

As to discipline
when on active
service.

E. 25 of 1915

I'aragraph (c)
repealed by
E. 29 of 1920.

23. (i) The discipline of officers and volunteers when they are

(a) on active service, or

(h) undergoing drill, exercise, training, or inspection together with,
or voluntarily doing any duty together with, the Malay States
Guides or His Britannic, Majesty's regular forces or any part
thereof,

shall he maintained as follows :

The provisions of the Army Act shall, so far as the same are
consistent with the provisions of this Enactment, apply to all officers
and volunteers, with the following modifications only—

(a) that no officer or volunteer shall for any offence against
the said Act be subject to the penalty of death ;

(h) that no sentence of a court martial for the trial of an officer
or volunteer shall be carried into execution unless con-
firmed by the Chief Secretary ;

/g^ H: * H: 4: *

(ii) Nothing in this section contained shall be deemed to limit or
derogate from the power given by Section 177 of the said Act to the
General Officer Commanding His Britannic Majesty's forces with
which the corps is serving, of making such exceptions or modifica-
tions as in the said section are referred to.

PART IV.
MISCELLANEOUS.

Enforf'cment of
orders for
payment of
money or fine.

E. 19 of 1917.

23. Whenever under the provisions of this Enactment or any regu-
lation thereunder an order is rnade for the payment of money or of a
fine and default is made in complying with such order, theCommandant
may send a copy thereof certified under his hand to the Court of a
Magistrate having jurisdiction in the jdace where the defaulter resides,
and such Court shall thereupon, sid)ject to any order made on appeal,
have 2>oiver to enforce the said order in the same way as if the said order

VOLUNTEER. 455

tvere a decree passed by such Court in the exercise of its civil juris-
diction, notivithstandinq that the amount 'payable under the said order
may be in excess of the ordinary jurisdiction of such Court.

24. The Commandant may appear in any Civil Court or before Appearance
any Magistrate by any member of the corps authorized by him in °a com™.*"'^*'''^
writing under his hand.

25. The Chief Secretary may exempt from taxation any horse Exemption of

horses f roi
taxation.

kept for the purposes of this Enactment iiorsesfrom

26. Every person becoming a volunteer after the commencement oath and form
of this Enactment shall on his enrolment, or as soon thereafter as o^ ^'^'^o'^ent.
may be, take one of the oaths set forth in the second schedule, to be e. 29 of 1920.
administered by a Magistrate or by an Adjutant or by an officer

of the corps who has taken one of such oaths, and. shall also
sign the form of enrolment set forth in the third schedule and
be bound thereby.

27. Whoever assaults or resists or abets any person in assaulting Assaulting or
or resisting any member of a Volunteer Corps in the discharge of member of
his duty as such member shall be punishable, on conviction before a '^°'"r'=-
Magistrate, with fine not exceeding one hundred dollars or with
imprisonment for any term not exceeding six months or with both.

First Schedule.
ENACTMENT REPEALED.

No. and year.

Short title.

15 of 1910

The Volunteer Enactment, 1910

Second Schedule.

FIRST OATH.

I, A. B., do sincerely promise and swear that T will well and truly
serve as a Volunteer within the Federated Malay States and will in
all things submit myself to and obey the lawful orders of my superior
officers according to the conditions of my service.

SECOND OATH.

I, A. B., do sincerely promise and swear that I will well and truly
serve as a Volunteer within the Federated Malay States or any part
of the Malay Peninsula or of the islands adjacent thereto for the
time being under British protection or juiisdiction and also in any

456 No. 1 OF 1913.

other place where I may from time to time be serving under " The
Volunteer Enactment, 1913," and will in all things submit myself
to and obey the lawful orders of my superior officers according to
the conditions of my service.

Third Schedule.

FORM OF ENROLMENT.

I, A. B., being desirous of enrolment in the Volunteer Corps

known as do hereby engage to serve therein for a period of

not less than two years and to be bound by any authorized regu-
lations of the said corps which may be in force from time to time
during the continuance of my membership.

ENACTMENT NO. 2 OF 1913.

An Enactment to provide for certain matters relating to
Collisions of Vessels and claims for Salvage.

Arthur Young, [30th July, 1913.

President of the Federal Council. 1st August, 1913.]

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

1. This Enactment may be cited as " The Collision and Salvage short title and
Enactment, 1913," and shall come into force on the publication <^o°imencement.
thereof in the Gazette.

2. In this Enactment interpretation.

" Freight " includes passage money and hire ;

" Salvage " includes all expenses properly incurred by the salvor
in the performance of the salvage services ;

" Vessel " includes any ship or boat or any other description of
vessel used in navigation.

References to damage or loss caused by the fault of a vessel
includes references to any salvage or other expenses consequent
upon that fault recoverable at law by way of damages.

PROVISIONS AS TO COLLISIONS, ETC.

3. Where, by the fault of two or more vessels, damage or loss is Euieasto
caused to one or more of those vessels, to their cargoes or freight or division ofioss.
to any property on board, the liability to make good the damage

or loss shall be in proportion to the degree in which each vessel
was in fault.

Provided that

(a) if, having regard to all the circumstances of the case, it is
not possible to establish different degrees of fault, the
liability shall be apportioned equally ; and

{b) nothing in this section shall operate so as to render any
vessel liable for any loss or damage to which her fault
has not contributed ; and

(c) nothing in this section shall affect the liability of any person
under a contract of carriage or any contract or shall be
construed as imposing any liability upon any person
from which he is exempted by any contract or by any
provision of law or as affecting the right of any person
to limit his liability in manner provided by law.
457

458

No. 2 OF 1913.

Damages for

personal

injuries.

Eight of
contribution.

Duty of vessel
to assist the
other in case of
collision.

4. Where loss of life or personal injuries are suffered by any
person on board a vessel owing to the fault of that vessel and of
any other vessel or vessels, the liability of the owners of the vessels
shall be joint and several : provided that nothing in this section
shall be construed as depriving any person of any right of defence
on which, independently of this section, he might have relied in an
action brought against him by the person injured, or any person
or persons entitled to sue in respect of such loss of life, or shall
affect the right of any person to limit his liability in cases to which
this section relates in manner provided by law.

5. (i) Where loss of life or personal injuries are suffered by any
person on board a vessel owing to the fault of that vessel and any
other vessel or vessels and a proportion of the damages is recovered
against the owners of one of the vessels which exceeds the propor-
tion in which she was in fault, they may recover by way of con-
tribution the amount of the excess from the owners of the other
vessel or vessels to the extent to which those vessels were respec-
tively in fault : provided that no amount shall be so recovered
which could not by reason of any statutory or contractual limitation
of or exemption from liability, or which could not for any other
reason, have been recovered in the first instance as damages by
the persons entitled to sue therefor.

(ii) In addition to any other remedy provided by law, the persons
entitled to any such contribution as aforesaid shall, for the purpose
of recovering the same, have, subject to the provisions of this
Enactment, the same rights and powers as the persons entitled to
sue for damages in the first instance.

6. (i) In every caae of collision between two vessels it shall be
the duty of the master or person in charge of each vessel, if and so
far as he can do so without danger to his own vessel, crew, and
passengers (if any),

(a) to render to the other vessel, her master, crew, and pas-

sengers (if any) such assistance as may be practicable
and may be necessary to save them from any danger
caused by the collision and to stay by the other vessel
until he has ascertained that she has no need of further
assistance ; and also

(b) to give to the master or person in charge of the other vessel

the name of his own vessel and of the port to which she

belongs and also the names of the ports from which she

comes and to which she is bound.

(ii) If the master or person in charge fails without reasonable

cause to comply with this section, he shall be guilty of an offence

and shall be liable to imprisonment of either description for a term

not exceeding two years or to fine.

Oeneral duty to
render assist-
ance to jiersons
in danger at sea.

PROVISIONS AS TO SALVAGE.

7. (i) The master or person in charge of a vessel shall, so far as
he can do so without serious danger to his own vessel, her crew and
passengers (if any), render assistance to every person, even if such

COLLISION AND SALVAGE.

459

person be a subject of a foreign State at war with His Britannic
Majesty, who is found at sea in danger of being lost, and, if he
fails to do so, he shall be guiltj^ of an offence and shall be liable
to imprisonment of either description for a term not exceeding
two years or to fine.

(ii) Compliance by the master or person in charge of a vessel
with the provisions of this section shall not affect his right or the
right of any other person to salvage.

8. (i) Where effective services are rendered wholly or in part salvage payable
within the waters of the Federated Malay States in saving life ^ o"" savm? ufe.
from any vessel or are rendered elsewhere in saving life from any

vessel belonging to subjects of any of the Rulers of the Federated
Mala}^ States, there shall be payable to the salvor by the owner of
the vessel, cargo, or apparel saved a reasonable amount of salvage,
in no case exceeding the value of the vessel, cargo, or apparel saved.

(ii) Salvage in respect of the preservation of life when paj'able
by the OAvner of the vessel shall be payable in priority to all other
claims for salvage.

9. Where any vessel is AVTecked, stranded, or in distress at any salvage of cargo
place on or near the coasts of the Federated Malay States or in any °'^ ""^^ck.
tidal water within the limits of the Federated Malay States and

effective services are rendered by any person in assisting that
vessel or saving the cargo or apparel of that vessel or any part
thereof, there shall be paj^able to the salvor by the owner of the
vessel, cargo, or apparel a reasonable amount of salvage, in no
case exceeding the value of the vessel, cargo, or apparel saved.

10. Where anj' dispute arises as to the apportionment of any Apportionment
amount of salvage among the owners, master, pUot, crew, and other anfon^sf owners,
persons in the service of any foreign vessel, the amount shall be f*°;'j°^gj^j
apportioned by the Court or person making the apportionment in
accordance with the law of the country to which the vessel belongs.

11. Nothing in Section 8 or Section 9 contained shall entitle any services to

" which Sections
8 and 9 do not
apply.

person to remuneration

(a) in respect of services rendered contrary to an express and
reasonable prohibition of such services on the part of
the vessel to which the same were rendered ;

(h) in respect of services rendered by a tug to or in respect of
the vessel which she is towing or the cargo thereof, except
where such services are of an exceptional character such
as are outside the scope of the contract of towage.

12. Sections 8 and 9 shall have effect notwithstanding that the where both
vessel rendering the services and the vessel to which the services toThesamT"
are rendered may be owned by the same person. owner.

13. (i) In determining the amount payable under Section 8 or Matters to be
Section 9 or the proportion in which the remuneration is to be deternTiiiing"
distributed among the salvors, the Court shall take into considera- frTution of '*

tion salvage.

460

No. 2 OF 1913.

(a) the measure of success obtained ;

(b) the efforts and deserts of the salvors ;

crew, and cargo ;

(d) the danger run by the salving vessel and the salvors ;

(e) the time expended, the expenses incurred, the losses suffered,

and the risks of liability and other risks run by the salvors
and the value of the property exposed to such risks, due
regard being had to the special appropriation (if any)
of the salvors' vessel for salvage purposes ;

(/) the value of the property salved.

(ii) If it appear to the Court that the salvors have by their fault
rendered the salvage or assistance necessary or have been guilty
of theft or of any fraud, the Court may disallow or otherwise deal
with any claim to remuneration as it may deem fit.

Iiimitation of
actions.

Application of
Enactment.

GENERAL PROVISIONS.

14. No action shall be maintainable to enforce any claim against
the oM'ners of a vessel in respect of any damage or loss to another
vessel, her cargo or freight or any property on board her, or damages
for loss of life or personal injuries suffered by any person on board
her, caused by the fault of the former vessel, whether such vessel
be wholly or partly in fault, or in respect of any salvage services,
unless proceedings therein are commenced Avithin two years from
the date when the damage or loss or injury was caused or the
salvage services were rendered, and no action shall be maintainable
under this Enactment to enforce any contribution in respect of an
overpaid proportion of any damages for loss of life or personal
injuries unless proceedings therein are commenced within one
year from the date of payment : provided that any Court having
jurisdiction to deal with an action to which this section relates
may, in accordance with any rules in force for regulating the
practice and procedure of such Court, extend any such period to
such extent and on such conditions as it thinks fit.

15. (i) This Enactment shall not apply to vessels belonging to
any of the Rulers of the Federated Malay States or to the Govern-
ment of the Federated Malay States or of any of them and
appropriated exclusively to a public service.

(ii) This Enactment shall apply to any persons other than the
owners responsible for the fault of the vessel as though the expres-
sion " owners " included such persons, and in any case where, by
virtue of any charter or demise or for any other reason, the owners
are not responsible for the navigation and management of the
vessel, this Enactment shall be read as though for references to
the owners there were substituted references to the charterers or
other persons for the time being so responsible.

ENACTMENT NO. 5 OF 1913.

An Enactment to provide for the inspection of Boilers,
Engines, and other Machinery and for regulating the
control and working thereof.

Arthur Young, [30th July, 1913.

President of the Federal Council. 1st January, 1914.]

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

1. (i) This Enactment may be cited as " The Machinerj^ Enact- short title,
ment, 1913," and shall come into force upon the 1st day of January, and?epTa™*'
1914.

(ii) Upon the coming into force of this Enactment the Enact-
ments specified in the schedule shall be repealed ; provided that
every certificate, issued under any Enactment hereby repealed,
which is in force at the commencement of this Enactment shall so
far as may be consistent with the terms thereof be deemed to have
been issued under this Enactment.

2. In this Enactment and in any rules made thereunder the interpretation.
following terms shall, unless the context otherwise requires, have

the respective meanings hereby assigned to them :

(a) " Machinery " includes generators, steam engines, and other
machines in which mechanical movement either linear or
rotative or both takes place, boilers, gasholders, installa-
tions, and all appliances for the transmission of power by
ropes, belts, chains, driving straps, or bands or gearing, but
does not include electrical generators or electrical motors ;

(6) " Generator " means an engine for generating power,
whether operated by gas, oil, petrol, hot air, compressed
air, or by water, but does not include water-driven engines
of less than 25 horse-power ;

{d) " Boiler " includes anj^ cylinder or other vessel for gener-
ating steam under pressure ;

(e) " Gasholder " includes any cylinder or other vessel used
for the storage of compressed air or for the storage of
any gas under pressure ;

(/) " Installation " includes all machinery operated directly or
indirectly by any one generator or steam engine or by
any number of generators or steam engines when such
461

462 No. 5 OF 1913.

machinery and generators or steam engines are owned by
the same person or corporation and are located in any
one building or series of contiguovis buildings ;

(g) 'Gearing" includes every shaft whether upright, oblique,
or horizontal and every wheel, drum, pulley, or other
appliance by which the motion of the first jnoving power
is communicated to any machine appertaining to any
process or operation ;

(h) " Prime-mover ". means pieces, or combinations of pieces,
Avhich receive motion and force directly from some natural
source of energy ;

(i) '■ Owner " includes the ow^ner, the hirer, and the agent of
the owner or of the hirer of any machinery ;

(j) " Engineer " means an engineer who holds a Marine En-
gineer's certificate of the first or second class issued by or
under the authority of the Board of Trade of the United
Kingdom of Great Britain and Ireland or an equivalent
thereof issued by a competent authoritj- in a British
Colony or Dependency or an engineer's certificate of
competency issued under this Enactment ;

{k) "Driver" means a person possessing the qualifications
prescribed for a driver who is in charge and has been
duly notified to an Inspector as being in charge of any
machinery ;

(l) " Attendant " includes any person who is employed by an
owner to assist an engineer or driver in the charge of any
machinery ;

{m) " Certificate of fitness " means a certificate granted under
this Enactment that machinery has been thoroughly
inspected, that it satisfies the requirements of this Enact-
ment and the rules thereunder, and that it may be worked
or operated ;

(n) " Chief Secretary " means the Chief Secretary to Govern-
ment, Federated Malay States ;

(o) "Resident" means with reference to any ma,chinery the
Resident of the State wherein such machiner}^ is located ;

(p) '■ Senior Warden " and " Warden " mean, respectively, the
Senior Warden of Mines and a Warden of Mines duly
appointed under the provisions of the Mining Enactments,
1904 ;

(q) ■' Chief Inspector," " Inspector," and " Assistant Inspector "
mean, respectively, the Chief Inspector, an Inspector, and
an Assistant Inspector appointed under Section 3 ;

(r) " Court " means the Court of a Magistrate of the First
Class ;

(s) " Grievous hurt " means the kinds of hurt which are desig-
nated as " grievous " in the Penal Code.

MACHINERY. 463

3. (i) The Chief Secretary may by notification in the Gazette Appointment of
appoint so many Inspectors, Assistant Inspectors, and .Overseer °^'''^^-
Inspectors of Machinery as he may think expedient to inspect
machinery and to perform such other duties as maj^ be prescribed,

and may in Hke manner appoint a Chief Inspector of Machinery
to super\4se the methods and details of such inspection and of such
duties as aforesaid.

(ii) The carrying out of the said inspections and the performance
of the said duties shall be under the administrative control of the
Wardens, subject to the general direction of the Senior Warden.

(iii) The Chief Inspector shall have and may exercise all powers
vested by this Enactment or by any rules thereunder in an Inspector.

4. (i) The Chief Secretary may from time to time make rules not Rules.
inconsistent with the provisions of this Enactment to prescribe

{a) the duties under this Enactment of the Senior Warden,
Wardens, and any officers appointed under Section 3 ;

{h) the times at which and the manner in which any machinery
shall be inspected, the notice (if any) to be given in rela-
tion to inspections and the preparations to be made by
the owners for such inspections ;

or operated, the standard of safety to be observed and
the class of certificate of fitness to be required in respect
of any machinery, and the prohibition of the use of
dangerous machinery ;

(d) the fees to be paid for the inspection of machinery and the

manner of payment and disposal thereof, the form of
certificates of fitness of machiner}'", the manner and
conditions of the issue, extension and revocation thereof
and the period for which any such certificate shall remain
in force ;

(e) the qualifications to be possessed by engineers and drivers

before they may be placed in charge of or entrusted with
the care or management of any machinery ;

(/) the nature of the examinations for certificates of competency
as engineers and drivers, the constitution of a board of
examiners, the form of certificates of competency for
engineers and drivers, the manner and conditions of the
issue thereof, the fees to be paid for such examinations and
certificates and the manner of paj'ment and disposal
thereof ;

ig) the measures to be taken and the fittings to be supplied and
used in connection with machinery in order to secure the
safety and health of engineers, drivers, attendants, other
persons, and of the public, and the fees to be paid in respect
of such fittings supplied by the Government ;

(h) the precautions to be taken on the relief of engineers and
drivers on duty, and the manner of notifying to Inspectors
the names and qualifications of engineers or drivers
placed in charge of any machinery ;

464

No. 5 OF 1913.

Prohibition of
uncertificated
machinery and
of unqualified
€n<?ineers and
drivers.

Application for
inspection of
machinery.
Examination
and certificate.

(i) the manner of calculating the horse-power .of boilers,
generators, and steam engines ;

(j) the manner of holding enquiries under this Enactment ;

(k) the means to be adopted, whether by prohibition or other-
wise, to prevent or abate any nuisance likely to arise or
arising from the use of machinery ;

(/) the records to be kept in respect of machinery, inspections,
certificates, and any other matters to which this Enactment
relates and the form thereof and the persons by whom the
same are to be kept ;

(m) the fine with which the contravention of any rule made
under this Enactment shall be punishable, j^rovided that
no such fine shall exceed five hundred dollars ;

(n) any other matters as to which it may appear to the Chief
Secretary expedient to make rules for the better carrying
out of the provisions of this Enactment.

(ii) All rules made under this section shall be published in the

Gazette.

5. (i) No owner or other person shall use, work, or operate or
permit to be used, worked, or operated any machinery unless a
certificate of fitness under this Enactment has been duly issued in
respect thereof, and no person shall use, work, or operate or permit to
be used, worked, or operated any machinery in respect of which such
certificate as aforesaid has been issued after the expiration of the
period for which such certificate is expressed to hold good or after
such certificate has been suspended or cancelled.

(ii) No machinery shall be worked or operated except by or under
the control of engineers or drivers possessing such qualifications and
holding such certificates of competency as may be prescribed, and no
person not possessing such qualifications or holding such certificate
as aforesaid shall work or operate any machinery except under such
control as aforesaid.

6. (i) If the owner of any machinery in respect of which no
certificate of fitness has been issued gives notice in writing to an
Inspector of his desire to have the same inspected, the Inspector to
whom such notice is given or some other Inspector shall make or
cause to be made an examination thereof as prescribed at a time, to
be appointed by the Inspector, between sunrise and sunset and
within a reasonable period after such notice and the owner thereof
shall afford to such Inspector all reasonable facilities for such
examination and all such information as may reasonably be required
in connection therewith.

(ii) If the examination made satisfies the Inspector that the
machinery examined is in good condition and complies with the
requirements of this Enactment and the rules thereunder, he shall on
payment of the prescribed fee deliver or cause to be delivered to the
owner a certificate of fitness in duplicate iu the prescribed form.

(iii) The person receiving a certificate of fitness under this section
shall keep one of the said duplicate certificates posted at the place

MACHINERY.

465

where the machinery to which it relates is installed or working in
such manner as that the same may readily be inspected.

7. Every owner of machinery who holds a certificate of fitness in Production of
respect thereof shall at all reasonable times during the period for °*^''*'fi*^*'^^-
which such certificate may be in force produce and permit inspection

of the same whenever called upon to do so by the Senior Warden, a
Warden, a District Officer within his district, the Chief Inspector, an
Inspector, or an Assistant Inspector.

8. (i) Every owner who shall remove from one j^lace to another Removal or
or alter or add to any machinery in respect whereof a certificate of addltion^to,'*"^
fitness is in force shall forthwith give notice thereof in writing to an machinery.
Inspector.

(ii) So soon as conveniently may be after receipt of the notice
referred to in sub-section (i) an Inspector shall make or cause to be
made an inspection and if the machinery as removed, altered, or
added to reaches the prescribed standard of safety he shall endorse
on the certificate his assent to the removal, alteration, or addition,
as the case may be. If the machinery as removed, altered, or added
to does not reach the prescribed standard of safety, the Inspector
may, by notice in writing posted at the place where the machinery
to which it relates is installed or working or served upon the owner
thereof, require such further removals, alterations, or additions of
or to the said machinery to be made as shall in the said notice be
specified and may by the same notice or by a separate notice
similarly posted or served prohibit the working or operation of the
said machinery or of parts thereof until the said further removals,
alterations, or additions shall have been completed. On the com-
pletion of any removals, alterations, or additions required under this
sub-section to be made an Inspector may endorse on the certificate
of fitness his assent thereto.

(iii) No machinery the working or operation whereof shall have
been prohibited under sub-section (ii) shall be worked or operated
until such assent as is in that sub-section referred to shall have been
endorsed on the certificate of fitness or the said prohibition shall have
been withdrawn by writing under the hand of an Inspector.

9. (i) In the event of an Inspector finding in any machinery in

respect of which a certificate of fitness is in force any defect which in re'vocafio'noT
his opinion is likely to cause danger to life or property, he may by certificate

. ■ ■ ■ , ■ ,1 ,,1 1 1 ,1 1- 1 1-1 where machinery

notice in writing posted at the place where the machinery to which shews any
it relates is installed or working or served upon the owner thereof
suspend the certificate of fitness of such machinery until such defect
is made good or removed and in such case the said machinery shall
not be worked or operated so long as the said notice of suspension
remains unrevoked.

(ii) Every engineer in charge of machinery and every owner of
machinery shall so soon as he becomes aware of any defect therein
which is likely to cause danger to life or property make a report
thereof to an Inspector or Assistant Inspector.

(iii) If in the opinion of the Chief Inspector any defect in any
machinery in respect whereof a certificate of fitness is in force is of

n— 30

dangerous
defect.

466

No. 5 OF 1913.

Prohibition of
interference
with safety
appliances.

Notice of hire
or transfer.

Periodical
inspections.

Entry on
premises.

Suspension and
cancellation of
certificates of
competency.

Serious acci-
dents to be
reported.
Investigation
and enquiry.

such a nature that it cannot be made good or removed, the Senior
Warden shall hold an enquiry and forward his finding to the Resident
who may cancel the certificate of fitness.

10. No person shall except under the authority of an Inspector
tamj3er with, remove, or damage any safety appliance fitted in
connection with or for use with any machinery.

11. Any person who shall hire out or transfer permanently or
temporarily any machinery to any other person shall within one
month after such hiring out or transfer give notice thereof in writing
to an Inspector.

12. In addition to the inspections referred to in Section 6 periodical
inspections of all machinery shall be made by the Inspectors and
Assistant Inspectors as may be prescribed.

13. The Chief Inspector, Inspectors, and Assistant Inspectors are
empowered to enter upon any premises, in or upon which anj'^
machinery may be, at any time between the hours of 6 a.m. and
6 p.m. and also at any other time when any machinery in or upon
such premises may be at work.

14. (i) A Warden or a District Officer within his district may
suspend the certificate of competency of any engineer or driver
pending a reference to the Court or an enquiry under this Enactment,
and no engineer or driver shall during the period of suspension of
his certificate of competency take charge or be in charge of any
machinery.

(ii) The Resident may after an enquiry under this Enactment
held by the Senior Warden and whenever on consideration of a
judgment of any Court it appears to him expedient so to do

(a) prohibit permanently or for such period as he may think

fit any engineer from being in charge of any machinery,
(6) suspend for such period as he may think fit or cancel the
certificate of competency of any engineer or driver issued
under this Enactment,
and no person who shall have been prohibited or whose certificate of
competency shall have been suspended or cancelled under this sub-
.section shall during the period of such prohibition, suspension, or
cancellation take charge or be in charge of any machinery.

15. (i) Whenever any accident causing or resulting in loss of life
or grievous hurt to any person or serious injury to property has
occurred in connection with machinery, the owner of such machinery
and the engineer or driver in charge thereof shall with the least
possible delay report in writing to a Warden or an Inspector or
Assistant Inspector the facts of the matter so far as they are known
to them resjjectively, and the Warden or an Inspector or Assistant
Inspector shall thereupon visit the place where the accident occurred
and make a preliminary investigation of the circumstances and
record in writing his finding upon such investigation, and if there
has been any loss of life or there is reason to believe that any person
has been fatally injured shall send a cojiy of his finding to the
nearest Magistrate.

MACHINERY.

467

(ii) In the event of loss of life or grievous hurt to any person
due to any accident in connection with machinery no alterations or
additions shall without the consent of the Warden or an Inspector be
made to any machinery which may have contributed to cause such
accident nor shall any alterations be made without such consent to
the site of the accident until the Warden or an Inspector or Assistant
Inspector has completed his investigation, provided that nothing
herein contained shall operate to interfere with rescue work or work
necessary for the general safety of life or property.

(iii) If upon a preliminary investigation under sub-section (i) it
appears to the officer making such investigation that there is reason
to believe that the accident was due to any failure to comply with
the provisions of this Enactment or of the rules made thereunder or
to neglect of any lawful order given by an Inspector or Assistant
Inspector, or if the officer making such investigation as aforesaid is
satisfied that the accident might have been prevented if proper
precautions had been taken and observed in the working of any
machinery, the Senior Warden shall with the Chief Inspector as
assessor hold an enquiry into the nature and cause of the accident
and shall forward to the Resident a copy of the evidence taken at
such enquiry together with his finding thereon and such further
report as may seem to him necessary, and if he is of opinion that
criminal proceedings ought to be instituted against any person in
connection with the accident he shall also forward to the Deputy
Public Prosecutor a copy of the said evidence, finding, and report.

16. No owner of machinery shall employ or permit to be employed Prohibition of

1. , e iji ■>.«' employment of

on any service involving management ot or attendance on or children.
proximitj^ to machinery in motion any person under the age of
sixteen years.

17. (i) In the event of any difference of opinion between an owner Questions for
and an Inspector or between an engineer and an Inspector regarding chiS'insp^ctor.
any structural question or question of fitting or adjustment in

relation to machinery, the matter shall be referred to and decided
by the Chief Inspector.

(ii) From any decision of the Chief Inspector under sub-section .
(i) an appeal shall lie to the Resident, provided that no such appeal
shall, except by special permission of the Resident, be admitted after
the expiration of forty-two days from the date when the decision
appealed against was given. In dealing with any such appeal the
Resident, after enquiry shall have been made into the subject-
matter thereof in the manner provided in sub-section (iii) and after
such further investigation, if any, as he thinks fit to make, may set
aside or vary the decision of the Chief Inspector or may uphold the
same, and the decision of the Resident shall be final and shall be
carried into effect.

(iii) The subject-matter of any such appeal shall be referred by
the Resident to the Senior Warden who shall hold an enquiry into
the same with the assistance of two persons of engineering or other
special skill and experience, to be nominated by the Resident as
assessors. At the conclusion of such enquiry the Senior Warden
shall forward to the Resident the evidence, if any, recorded by him
together with his opinion and recommendations as to the decision

468

No. 5 OF 1913.

Fees

Powers of
Senior Warden
holding enquiry.

Liabilities
unaffected.

Public servants.

Penalties.

Certain
machinery
eicluded from
scope ol Enact
ment.

proper to be given in the matter of the appeal, and any assessor who
may dissent from the opinion or recommendations of the Senior
Warden may deliver to the Senior Warden for transmission to the
Resident a statement in writing of the reasons for his dissent.

(iv) Persons nominated by the Resident to serve as assessors under
this section shall be summoned by the Senior Warden so to serve,
and every person so summoned who shall assist as assessor at any
enquiry held by the Senior Warden under this section shall be
entitled to receive from the public funds such remuneration as the
Chief Secretary may from time to time fix by notification in the
Gazette.

(v) Any person summoned to attend as an assessor who without
lawful excuse fails to attend as required by the summons or having
attended departs without having obtained the permission of the
Senior Warden or fails to attend after an adjournment of the enquiry
after having been made aware that his attendance will be required
shall be liable upon order made by the Senior Warden to a fine not
exceeding fifty dollars. When any person is so fined in his absence
the Senior Warden shall forthwith send to him a "WTitten notice of
the fact requiring him to pay the fine or to shew cause before the
Senior Warden within seven days why the same should not be paid.
Any such fine may be enforced in manner provided by the Code of
Criminal Procedure in force for the time being.

18. All fees payable under this Enactment shall be paid in
advance and in such manner as may be prescribed.

19. For the purj^ose of holding enquiries under this Enactment
the Senior Warden shall have power to administer oaths and affirma-
tions and shall be vested with the powers of a Magistrate of the
first class for compelling the attendance of witnesses, maintaining
order, and otherwise duly conducting the said enquiries. Persons
summoned to attend before the Senior Warden at any such enquiry
shall be legally bound so to attend.

20. Nothing in this Enactment contained shall operate to relieve
any owner, engineer, or driver from any civil or criminal liability.

21. Inspectors, Assistant Inspectors, and other officers appointed
under Section 3 shall be deemed to be public servants within the
meaning of the Penal Code.

22. Any person who shall contravene the provisions of Section 5,
9, 10, 15, or 16 shall be liable on conviction before a Court to a fine
not exceeding one thousand dollars and any person who shall
contravene the provisions of Section 7, 8, 11, or 14 shall be liable
on conviction before a Court to a fine not exceeding five hundred
dollars, and any person who shall contravene any other provision
of this Enactment shall be liable on conviction before a Court to a
fine not exceeding three hundred dollars.

23. Nothing in this Enactment contained shall apply to

(a) machinery which being owned or controlled by a Govern-
ment department shall have been exempted by the Chief
Secretary, by notification in the Gazette, from the pro-
visions of this Enactment ;

MACHINERY.

469

(d)

regarding
actions.

marine machinery ;

electrical machinery (other than prime-movers driving
dynamos or alternators) which is subject to the provisions
of any Enactment relating to the supply or control of
electrical energy ;

machinery driven by manual power ;
(e) machinery for the propulsion of vehicles which is operated
by steam from a flash boiler or by petrol or by such other
agencies as may from time to time be prescribed by rule
under this Enactment.

24. (i) No action shall be brought against any person for any- provision
thing done or bond fide, intended to be done in the exercise or ■•''"'""^■"-
supposed exercise of the powers given by this Enactment or by
any rules made thereunder

(a) without giving to such person one month's previous notice
in writing of the intended action and of the cause thereof ;

(b) after the expiration of three months from the date of the

accrual of the cause of action ;

(ii) In every action so brought it shall be expressly alleged thai-
the defendant acted either maliciously or negligently and without
reasonable or probable cause, and if, at the trial, the plaintiff shall
fail to prove such allegation judgment shall be given for the?
defendant.

(iii) Though judgment shall be given for the plaintiff in any
such action, such plaintiff shall not have costs against the defendant
unless the Magistrate before whom the action is tried shall certify
his approbation of the action.

Schedule.
ENACTMENTS REPEALED.

State.

No. and
year.

Short title.

Perak . .
Selangor
Negri Sembilan
Pahang

5 of 1908
4 of 1908
4 of 1908

6 of 1908

The Steam Boilers Enactment, 1908
Do.
Do.
Do.

ENACTMENT NO. 7 OF 1913.

Short title and
commence-
ment.

Amendment
of " The
Telegraphs
Enactments,
1905."

An Enactment to make better provision for the regulation
of Wireless Telegraphy.

Arthur Young,

President of the Federal Council.

[30th July, 1913.
1st August, 1913.]

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

1. (i) This Enactment may be cited as " The Wireless Telegraphy
Enactment, 1913," and shall come into force upon the publication
thereof in the Gazette.

(ii) The Enactments specified in the schedule are amended by
deleting from the interpretation of " Telegraph - in Section 2 of
each of the said Enactments the words " whether worked with
or without lines of wires."

Interpretation. 2. (i) In this Enactment

the expression " wireless telegraphy " means any system of com-
munication by telegraph as defined by " The Telegraphs Enact-
ments, 1905," without the aid of any wire connecting the points
from and at which the messages or other communications are sent
and received ;

the expression " locally owned ship " means a ship owned wholly
by the Government of the Federated Malay States or of any of
them or by subjects of any of the Rulers of the said States or by
bodies corporate established under and subject to the laws of the
said States or of any of them and having their principal place of
business within the said States or by any person residing within the
^aid States.

^ii) Nothing in this Enactment shall prevent any person from
making or using electrical apparatus for actuating machinery or for
any purpose other than the transmission of messages.

3. The Chief Secretary to Government may, whenever he shall
deem it expedient to do so, license the establishment of any
wireless telegraph station or the installation or working of any
apparatus for wireless telegraphy in any place in the Federated
Malay States or on board any locally owned ship.

4. (i) No person shall establish any wireless telegraph station or
instal or work any apparatus for wireless telegraphy in any place
in the Federated Malay States or on board any locally owned ship
except under and in accordance with a license granted in that behalf
by the Chief Secretary to Government.

470

Licenses for

wireless

telegraphy.

Prohibition of
unlicensed
wireless
telegraphy.

WIRELESS TELEGRAPHY. 471

(ii) Every such license shall be in such form and for such period
as the Chief Secretary to Government may determine and shall
contain such terms, conditions, and restrictions on and subject to
which the license is granted as the Chief Secretary to Government
shall consider desirable in the public interest.

5. (i) If any person establishes a wireless telegraph station with- Penalty for
out a license in that behalf or instals or works any apparatus for un'i'^eiised

1 ii 1 -ii 1- • 1.1 <-i 1111 operatioas.

Wireless telegraphy without a license m that behalf, he shall be
liable to a fine not exceeding one thousand dollars or to imprison-
ment of either description for a term not exceeding twelve months
and in either case be liable to forfeit any apparatus for wireless
telegraphy installed or worked without a license, but no proceedings
shall be taken against any person under this Enactment except
with the previous sanction of the Public Prosecutor.

(ii) If a Magistrate is satisfied by information on oath that there
is reasonable ground for believing that a wireless telegraph station
has been established without a license in that behalf or that any
apparatus for wireless telegraphy has been installed or worked in
any place or on board any ship within the jurisdiction -without a
license in that behalf, he may grant a search warrant to any police
officer to enter and inspect the station, place, or ship and to seize
any apparatus which appears to him to be used or intended to be
used for wireless telegraphy therein.

6. (i) The Chief Secretary to Government may make rules for all Rules.
or any of the following matters :

(a) for prescribing the form and manner in which applications

for licenses under this Enactment are to be made ;

(b) for prescribing the fees payable on the grant of any license ;

telegraphy on board a merchant ship, whether a locally
owned ship, a British or a foreign ship, in the waters of
the Federated Malay States shall be worked so as to
prevent interference with naval signalling or the working
of any wireless telegraph station laAvfull}' established,
installed or worked in the Federated Malay States or
the waters thereof and so as not to interrupt or interfere
with the transmission of any wireless messages between
Avireless telegraph stations established as aforesaid on
land and wireless telegraph stations established on ships
at sea ;

{d) for prohibiting except with the special or general permis-
sion of the Director of Posts and Telegraphs, Federated
Malay States, the working or using of anj' apparatus for
wireless telegraphy on board a merchant ship, whether
a locally owned ship, a British or a foreign ship, whilst
such ship is in an}^ of the harbours of the Federated
Malay States ;

(e) for prohibiting or regulating, in case at any time in the
opinion of the Chief Secretary to Government an emergency
has arisen in which it is expedient for the public service that

Licenses for
experimental
purposes.

Penalties.

472 No. 7 OF 1913.

the Government should have control over the transmission
of messages by wireless telegraphy on board merchant
ships, whether locally owned ships, British or foreign
ships, in the waters of the Federated Malay States, the
use of wireless telegraphy on board such ships while in
such waters by such further rules as the Chief Secretary
to Government may see fit to make from time to time
and either in all cases or in such cases as may be deemed
desirable.

(ii) No rules made in respect of the matters described in para-
graphs (c), (d), and (e) of sub-section (i) shall apply to the use of
wireless telegraphy for the purpose of making or answering signals
of distress.

7. When an applicant for a license proves to the satisfaction of
the Chief Secretary to Government that the sole object of obtaining
the license is to enable him to conduct experiments in wireless
telegraphy, a license for that purpose shall be granted subject to
such special terms, conditions, and restrictions as the Chief Secretary
to Government may think proper but shall not be subject to any
rent or royalty.

8. (i) Every omission or neglect to comply with and every act
done or attempted to be done contrary to the provisions of this
Enactment or of any rule made thereunder or in breach of the
conditions and restrictions subject to or upon which anj^ license
has been issued shall be deemed to be an offence against this Enact-
ment and for every such offence not otherwise specially provided
for the offender shall, in addition to the forfeiture of any articles
seized, be liable to a fine not exceeding five hundred dollars.

(ii) All convictions, forfeitures, and fines under this Enactment
or any rules made thereunder may be had and recovered before the
Court of a Magistrate of the First Class.

Schedule.

State.

No. and year.'

Short title.

Perak . .
Selangor
Negri Sembilan
Pahang

6 of 1905
9 of 1905

7 of 1905

8 of 1905

The Telegraphs Enactment, 1905
Do.
Do.
Do.

ENACTMENT NO. 9 OF 1913.

An Enactment to make better provision for the Sale of
Food and Drugs in a pure state.

Arthur Young, [30th July, 1913.

President of the Federal Council. 1st April, 1915.]

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

1. (i) This Enactment may be cited as " The Sale of Food and short title.
Drugs Enactment, 1913."

(ii) Whenever it appears to the Chief Secretary to Government Bringing into
expedient that this Enactment should be brought into force in the ^°''°^'
Federated Malay States or in any part thereof, it shall be lawful for
him by notification in the Gazette to direct that this Enactment
shall come into force on any date subsequent to the date of such
notification either throughout the Federated Malay States or in
such State or part of a State as may be specified in such notification ;
and every such notification shall have effect and remain in force until
annulled by a subsequent notification issued by the Chief Secretary
to Government in that behalf ; and this Enactment shall not have
effect in any place in which it is not for the time being in force by
virtue of such notification as aforesaid.

2. In this Enactment if not inconsistent with the context —

" Analyst " means an analyst appointed under this Enactment ; interpretation.

" Appliance " includes the whole or any part of any utensil,
machinery, instrument, apparatus, or article used for intended for
use in or for the making, keeping, preparing, or supplying of any
food ;

■' Drug " means any substance or mixture of substances used by
man as a medicine, whether internally or externally, and includes
anaesthetics ;

" Food " includes every article which is used for food or drink
by man or which enters into or is used in the composition or pre-
paration of any such article and also includes flavouring matters
and condiments but does not include drugs or water ;

" Officer " means a person appointed by the Chief Secretary to
Government, whether by name or office, to be an officer for the
purpose of this Enactment ;

" Package " includes every means bj^ which goods for carriage
or for sale are cased, covered, enclosed, contained, or packed ;

473

474

No. 9 OF 1913.

" Sale " or " sell " includes barter and also includes offering or
attempting to sell or receiving for sale or having in possession for
sale or exposing for sale or sending or delivering for sale or causing
or allowing to be sold, offered, or exposed for sale and refers only to
sale for human consumption or use.

APPOINTMENT OF ANALYSTS AND OFFICERS AND
THEIR POWERS AND DUTIES.

Appointment of 3. (i) The Chief Secretary to Government may from time to
office^*.^ '^'^'^ time appoint a sufficient number of analysts and of officers under
this Enactment and make rules for the conduct of their duties.

(ii) The analysts and officers appointed under this Enactment
shall be deemed to be public servants within the meaning of the
Penal Code.

Power of
officers to
enter, etc.

4. (i) Any officer may

(a) at all reasonable times enter into and inspect any place
where there is any food or drug which he has reasonable
ground for believing to be intended for sale ;

(h) mark, seal, or otherwise secure, weigh, count, or measure any
food or drug the sale, preparation, or manufacture of
which is or appears to be contrary to the provisions of
this Enactment ;

to be unwholesome or deleterious to health ;

(d) destroy any food or drug, wherever found, which is decayed

or putrified ;

(e) inspect any food or drug, wherever found, which he has

reasonable ground for believing to be intended for sale.

(ii) Any person claiming anything seized under this section may
within forty-eight hours after such seizure complain thereof to the
Court of a Magistrate and such complaint may be heard and deter-
mined by such Court which may either confirm or disallow such
seizure wholly or in part and may order the article seized to be
restored.

(iii) If within forty-eight hours after such seizure no complaint
has been made or if such seizure is confirmed, the article seized
shall become the property of the Government and shall be destroyed
or otherwise disposed of so as to prevent its being used for human
consumption.

(iv) The period of forty-eight hours prescribed by sub-sections fii)
and (iii) may be enlarged by the Chief Secretary to Government
by rule under this Enactment applicable to such districts or places
as may be specified in the rule.

(v) Where the seizure of any food or drug is made in any place
which is not in the occupation of the owner of the thing seized, the
officer making the seizun; shall forthwith give notice in writing of
the seizure to ths owner or to the consignor or consignee or to the
agent of the owner of the thing seized if his name and address

SALE OF FOOD AND DRUGS. 475

are attached thereto or are otherwise, known to the officer and such
address is within the Federated Malay States.

5. (i) On payment or tender to any person selling or making power to
any food or drug or to his agent or servant of the current market aad take ^*'^'^'
value of the samples in this section referred to, any officer may at samples.
any place demand and select and take or obtain samples of the said

food or drug for the purpose of analysis.

(ii) Any such officer may require the said person or his agent or
servant to shew and permit the inspection of the package in which
such food or drug is at the time kept and to take therefrom the
samples demanded.

(iii) Where any food or drug is kept for retail sale in an unopened
package, no person shall be required by any officer to sell less than
the whole of the contents of such package.

(iv) Every person commits an offence who refuses or neglects to
comply with any demand or requisition made by an officer in
pursuance of this section unless he proves that he had no knowledge
or reason to believe that the sample demanded was required for
the purpose of analysis.

6. Any person may, on payment of the prescribed fee together Anypereonmay
with the cost of the sample, require any officer to purchase a sample anaf-^ed''''^
of any food or drug and submit the same for analysis.

7. (i) Where it is intended to submit any sample for analysis, samples how
the officer purchasing or otherwise procuring it shall, before or '^^'^®'^-
forthwith after procuring it, inform the seller or his agent selling

the article that he intends to have the same analysed bj' an analyst.

(ii) He shall thereupon divide the sample into three parts and
shall mark and seal or fasten up, in such manner as its nature will
permit, each such part and shall offer one of such parts to the seller
or his agent.

(iii) He shall subsequently deliver, either personally or by
registered letter, another of such parts to an analyst and shall
retain the third of such parts.

8. (i) The certificate of the analyst shall be in the form prescribed certificate of
by rules made under this Enactment. analyst.

(ii) Where any method of analysis, chemical or physical, has
been prescribed by rules made under this Enactment for the analysis
of SLXiy food or drug, any analyst either for the prosecution or
defence shall follow and shall in his certificate of analysis declare
that he has followed the prescribed method in his analysis.

(iii) A copy of the result of any analysis of any food or drug
procured by an officer may be obtained from the analyst by the
person from whom the article so analj'sed was purchased or obtained
on payment of such fee, not exceeding one dollar, as may be
prescribed.

(iv) Xo such copy of an analysis shall be used as an advertise-
ment and if any person so uses it he commits an offence.

476

No. 9 OF 1913.

Power to
call for
information.

9. (i) If in the opinion of the Principal Medical Officer, Federated
Malay States, or of any officer authorized by the said Principal
Medical Officer in writing to exercise the discretion and powers
vested by this section in the said Principal Medical Officer, there is
reasonable ground for suspecting that any person is in possession
of any food or drug or other substance for the purjDose of sale or of
manufacturing or preparing the same for sale in breach of this
Enactment, he may require such person to produce for his inspec-
tion or to produce to any specially authorized officer any books or
documents dealing with the reception, possession, purchase, sale, or
delivery of any such food or drug or other substance.

(ii) The Principal Medical Officer, Federated Malay States, or
any officer authorized by him as in sub-section (i) provided may
make or cause to be made copies of or extracts from any such books
or documents, and such copies or extracts certified as such by anj^
specially authorized officer shall, unless the contrary is proved, be
deemed to be true and correct copies or extracts.

(iii) Every person who refuses or neglects to comply with any
requisition made in pursuance of this section commits an offence.

(iv) Every officer who does not maintain the secrecy of all matters
which come to his knowledge in the performance of his official duties
under this section or who communicates any such matter to any
person whomsoever except for the purpose of carrying into effect
the provisions of this Enactment is liable to a fine not exceeding
five hundred dollars.

OFFENCES AND PENALTIES, ETC.

Offences. 10. (i) Every person commits an offence who sells any adulterated

food or adulterated drug without fully informing the purchaser at
the time of the sale of the nature of the adulteration, unless the
package in which it is sold has conspicuously printed thereon a
true description of the composition of such food or drug.

(ii) Every person commits an offence who sells any food or drug
in any package which bears or has attached thereto any false or
misleading statement, word, brand, label, or mark purporting to
indicate the nature, quality, strength, purity, composition, weight,
origin, age, or proportion of the article contained in the package or
of any ingredient thereof.

(iii) Every person commits an offence who sells any food or drug
containing any substance the addition of which is prohibited by
rules made under this Enactment.

(iv) Every person commits an offence who sells any food or drug
containing a greater proportion of any substance than is permitted
by rules made under this Enactment.

(v) Every person commits an offence who sells any food which
contains methylated alcohol.

(vi) Every person commits an offence who sells any food which
is unsound or unfit for human consumption.

SALE OF FOOD AND DRUGS. 477

(vii) Every person who commits any offence mentioned in this
section shall for the first offence be liable to a fine not exceeding
five hundred dollars and for any subsequent offence under this
section, whether of the same or a different nature, to a fine not
exceeding two thousand dollars :

Provided that if any such offence is wilfully committed the
offender shall be liable to a fine not exceeding two thousand dollars
or to three months' imprisonment of either description although
it may be a first offence.

(viii) The provisions of sub-section (i) are subject to such excep-
tions as are prescribed by rules made under this Enactment.

11. Every person who without authority opens, alters, breaks, interference
reserves, or erases any mark, fastening, or seal placed bj^ any officer ^a^^®°*^'
in jDursuance of the provisions of this Enactment upon any food

or drug or upon any package, place, door, or opening containing or
affording access to any food or drug commits an offence and shall
be liable to a fine not/ exceeding two hundred and fifty dollars.

12. Every person who commits an offence against this Enactment fJenerai
for which no penalty is otherwise expressly provided is liable to a ^'*^°^ ^'
fine not exceeding two hundred dollars.

13. (i) In the case of any con\iction under this Enactment the Forfeiture of
Magistrate raa,j order that any food or drug to which the conviction u°p°oa'co^c^
relates and any similar food or drug found on the defendant's *^'°"-
premises or in his possession at the time of the commission of the
offence, together with all packages or vessels containing the same,

shall be forfeited to the Government.

(ii) Everything so forfeited to the Government shall be disposed
of as the Chief Secretary to Government directs.

14. A notification of the name and occupation of any person who Notification
has been convicted of any offence against this Enactment together aewsplpere." ^°
with his place or j^laces of business, the nature of the offence and

the fine, forfeiture, or other penalt}^ inflicted shall, if the Magistrate
so orders, be published in any newspaper circulating in the
Federated Malay States or in any part thereof.

PRESUMPTIONS OF LAW.

15. For the purposes of this Enactment any food or drug shall Adui:eration.
be deemed to be adulterated if

(a) it contains or is mixed or diluted with any substance which
diminishes in any manner its nutritive or other beneficial
properties as compared with such article in a pure and
normal state and in an undeteriorated and sound condi-
tion or which in any other maimer operates or may
operate to the prejudice or disadvantage of the purchaser
or consumer ;

(6) any substance or ingredient has been extracted or omitted
therefrom and by reason of such extraction or omission
the nutritive or other beneficial properties of the article

478

No. 9 OF 1913.

Liability of
importer or
manufacturer.

Sale by asent
or servant.

Presumptions
as to sale for
human con-
sumption or
use.

as sold are less than those of the article in its pure and
normal state or the purchaser or consumer is or may be
in any manner prejudiced ;

lower commercial value than such article in a pure and
normal state and in an undeteri orated and sound condi-
tion ;

(d) it does not comply wdth the standard therefor prescribed

by any rules made under this Enactment.

16. Where food in connection with which there is a breach of any
provisions of this Enactment is sold in an unopened package, any
person who appears from any statement thereon or attached thereto
to have imported or manufactured or prepared such food or to have
enclosed it in such package shall, unless he proves the contrary, be
deemed to have so imported, manufactured, prepared, or, enclosed
the same and shall be liable to the same fine as if he had actually
sold the same.

17. For the purposes of this Enactment every person shall be
deemed to sell any food or drug who sells the same either on his
own account or as the agent or servant of any other person, and
in the case of any sale by an agent or servant his principal or
emplo3^er shall be under the same liability as if he had effected the
sale personally.

18. (i) When any food or drug is sold or exposed or offered for
sale, it shall, unless the contrary is proved, be deemed to be sold
or exposed or offered for sale for human consumption or use.

(ii) The j^urchase and sale of a sample of any food or drug under
the provisions of this Enactment for the purpose of analysis shall
be deemed to be a purchase and sale of such food or drug for human
consumption or use unless the seller proves that the bulk from which
such sample was taken was not offered, exposed, or intended for
sale for human consumption or use.

(iii) For the purposes of this Enactment every person shall be
deemed to sell or to intend to sell any food or drug if he sells or
intends to sell for human consumption or use any article of which
such food or drus; is a constituent.

Proceedings for
offences.

No defence
that oftence
not wilfully
committed.

LEGAL PROCEEDINGS AND EVIDENCE, ETC.

19. (i) All proceedings in respect of an offence against this
Enactment shall be taken in a summary manner before the Coui:t
of a Magistrate.

(ii) The summons in any such proceedings shall not be made
returnable in less than fourteen days from the day on which it is
served.

(iii) There shall be served with the summons a copy of the
analyst's certificate (if any) on which the prosecution is based.

20. In a prosecution for selling any food or drug contrary to the
provisions of this Enactment or of any rules made thereunder it
shall bo no defence that the defendant did not act wilfully unless

SALE or FOOD AND DRUGS. 479

he also proves that he took all reasonable steps to ascertain that
the sale of the article would not constitute an offence against this
Enactment or against any rule made thereunder.

21. (i) Subject to the provisions hereinafter in this section Reliance ou
contained it shall be a good defence in any prosecution for an offence ^^^mfnt
under Section 10 if the defendant proves that he purchased the gooddefeoce.
article sold by him in reliance on a written warranty or other written
statement as to the nature of the articles purchased signed by or

on behalf of the person from whom the defendant purchased the
same and that, if the article had truly conformed to such warranty
or statement, the sale of the article by the defendant would not
have constituted the offence charged against him.

(ii) No warranty or other written statement given or made by a
person resident outside the Federated Malay States shall be any
defence under this section unless the defendant proves that he had
taken reasonable steps to ascertain and did in fact believe in the
truth of the matters set forth in such warranty or statement.

(iii) No warranty or other written statement shall be any defence
under this section if it is proved that the defendant knew or had
reason to suspect that the article sold did not conform to such
warranty or statement.

(iv) No warranty or other written statement shall be^ any defence
in any prosecution unless the defendant has within seven days after
service of the summons delivered to the prosecutor a copy of such
v/arranty or statement with a written notice stating that he intends
to rely thereon and specifying the name and address of the person
from whom he received it and has also within the same time sent by
registered post a like notice of his intention to such person.

(v) When the defendant is a servant or agent of the person who
purchased the article under such a warranty or written statement, he
shall be entitled to the benefit of this section in the same manner and
to the same extent as his employer or principal would have been if he
had been the defendant, unless it is proved that the servant or agent
knew or had reason to suspect that the article did not conform to the
warranty or statement.

22. (i) A certificate of analysis purporting to be under the hand Anaiyst-s

of an analyst shall, on production thereof by the prosecutor, be be'^Kma^an,?
sufficient evidence of the facts stated therein unless the defendant evidence,
requires that the analyst be called as a witness, in which case he shall
give notice thereof to the prosecutor not less than three clear days
before the day on which the summons is returnable.

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

(iii) A copy of such last-mentioned certificate shall be sent to the
prosecutor at least three clear days before the day fixed for the
hearing of the summons, and if it is not so sent the Court may
adjourn the hearing on such terms as it may think proper.

480

No. 9 OF 1913.

Court may-
order inde-
pendent
analysis.

Non-disclosure
of information.

Recovery of fees
and other
expenses
incidental to
prosecution.

Appeal.

23. When a sample has been dealt with in accordance with Section
7, the Court before which any proceedings for an offence against
this Enactment are had shall on the request of either party to such
proceedings and may if it thinks fit without such request order that
the part of the sample retained by the officer be submitted to another
analyst for analysis.

24. No prosecutor or witness in any prosecution under this
Enactment shall be compelled to disclose the fact that he received
any information or the nature of such information or the name of
any person who gave such information ; and no officer appearing as
a prosecutor or witness shall be compelled to produce any confi-
dential reports or documents made or received by him in his official
capacity to make any statement in relation thereto.

25. (i) Where any person is convicted of an offence under this
Enactment, the Magistrate may order that all fees and other
expenses incident to the analysis of any food or drug in respect of
which the conviction is obtained (including an analysis made under
Section 23) shall be paid by the person convicted.

(ii) All such fees and expenses shall be recoverable in the same
manner as a fine is recoverable.

26. Any person aggrieved by any sentence or order under this
Enactment passed or made by the Court of a Magistrate may appeal
therefrom to the Supreme Court.

Power to make
rules.

RULES AND SUPPLEMENTAL PROVISIONS.

27. (i) The Chief Secretary to Government may make rules for
any of the following purposes :

(a) to prescribe the standard of strength, weight, quality, or
quantity of any food or drug or of any ingredient or
component part thereof ;

(6) to prohibit the addition of any specified thing or of more than
the specified quantity or proportion thereof to any food
or drug ;

preservation of any food or drug ;

(d) to secure the cleanliness and freedom from contamination of

any food or drug in the course of its manufacture, prepara-
tion, storage, packing, carriage, delivery, or exposure for
sale and securing the cleanliness of places, receptacles,
appliances, and vehicles used in such manufacture, prepara-
tion, storage, packing, carriage, or delivery ;

(e) to prescribe the mode of labelling food or drugs sold in

packages and the matter to be contained or not to be
contained in such labels ;

(/) to prescribe the method of analysis of any food or drug and
the form of certificate of analysis ;

(g) to fix the fees to be paid in respect of the analysis of any
food or drug by an analyst ;

SALE OF FOOD AND DRUGS. 481

{h) to prohibit the sale of specified articles of food otherwise
than by weight ;

{{) to prescribe the fines not exceeding five hundred dollars for
the breach of any rule ; and

(/) generally for carrying out the purjDoses of this Enactment.

(ii) An}' such rule may be made applicable either to foods or
drugs generally or to specified foods or drugs only.

(iii) All rules made by the Chief Secretary to Government under
this Enactment shall be published in the Gazette provided that,
except in the case of rules made under Section 3, no such rules shall
come into force until a period of ten days shall have elapsed after the
publication thereof in the Gazette.

(iv) Any rule made as provided in this section shall have the
same force and effect as if it had been enacted in this Enactment.

(v) Notwithstanding anything contained in any rule made under
this section it shall be la\\'ful for any person at any time within
twelve months after the date of the publication in the Gazette of such
rule to sell any food or drug the sale of which is otherwise lawful if he
proves that at the said date such food or drug was part of the existing
stock-in-trade in the Federated Malay States of any person carr^dng
on business there and that since the said date no act has been done
whereby the said food or drug fails to conform to the requirements
of the said rule. For the purpose of this sub-section any goods
purchased before the said date for importation into the Federated
Malay States shall be deemed to be part of the purchaser's stock-in-
trade in the Federated Malay States.

28. The provisions of this Enactment, so far as they are applicable, Tobacco,
shall extend and apply to tobacco, cigars, and cigarettes in like ci|amt^?
manner as the said provisions apply to drugs.

11—31

ENACTMENT NO. 10 OF 1913.

An Enactment for the Suppression of Betting Houses
and of Betting in Public Places.

Arthur Young,

President of the Federal Council.

[30th July, 1913.
31st July, 1913.]

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

Short title and 1. This Enactment may be cited as "The Betting Enactment,

meut. ' 1913," and shall come into force upon the publication thereof in the

Gazette.

InterpretatioDi

Kuisan'.c-,

Offences relat-
ing to commori
betting bousM,

2. (i) In this Enactment unless the context otherwise requires —

" Common betting house " means any place kept or used for
betting or wagering on any event or contingency of or relating to any
horse race or other race, fight, game, sport, or exercise to which the
public or any class of the public has or may have access and any
place kept or used for habitual betting or wagering on any such
event or contingency as aforesaid, whether the public has or may
have access thereto or not ;

" Place " means any house, office, room, or building and any place
or spot, whether open or enclosed, and includes a ship, boat, or
other vessel, whether afloat or not, and any vehicle ;

A place shall be deemed to be " used " for a purpose if it is used
for that purj)ose even on one occasion only ;

Every person who demises or lets on hire a place shall be deemed
the " owner " thereof ;

" Senior Police Officer " means any police officer not below the
rank of Assistant Commissioner and includes in any State any police
officer specially authorized by the Resident of such State by notifica-
tion in the Gazette to exercise the powers of a Senior Police Officer
under this Enactment.

(ii) Every common betting house is hereby declared to be a
common nuisance and contrary to law.

3. Whoever —
(a) being the owner or occupier or having the use temporarily

or otherwise thereof keeps or uses a place as a common

betting house ; or
(6) permits a place of which he is the owner or occupier or of

which he has the use temporarily or otherwise to be kept

or used as a common betting house ; or
(c) has the care or management of or in any manner assists in

the management or in the business of a place kept or used

as a common betting house ; or
482

BETTING. 483

(d) receives directly or indirectly any money or valuable thing

for or in respect of any bet or wager on any such event
or contingency as is mentioned in this Enactment in a
common betting house ; or

(e) announces, exhibits or publishes or causes to be announced,

exhibited, or published either orally or by means of any

letter, circular, telegram, placard, hand-bill, card, print,

writing, design, sign, advertisement, or otherwise that a

place is opened, kept, or used as a common betting house

within or without the Federated Malay States or in any

other manner invites or solicits any person to commit a

breach of any of the provisions of this Enactment

shall be liable to a fine not exceeding three thousand dollars or

imprisonment of either description for a term not exceeding tAvelve

months.

4. Whoever advances or furnishes money for the purpose of Advancing
establishing or conducting the business of a common betting house n^o^eysfor
shall be liable to a fine not exceeding three thousand dollars or
imprisonment of either description for a term not exceeding twelve
months.

5. (i) Whoever bets or wagers in a common betting house shall settins

m a

be liable to a fine not exceeding twenty-five dollars. common bettingr

' house.

Presumption.

(ii) A person found in a common betting house or found escaping
from a common betting house on the occasion of its being entered
under this Enactment shall be presumed until the contrary be proved
to be or to have been betting or wagering therein.

6. Any money or valuable thing received by any person referred Money paid
to in Section 3 as a deposit on any bet or wager shall be deemed to recoverable.
have been received to or for the use of the person from whom the

same was received and such money or valuable thing or the value
thereof may be recovered accordingly with full costs of suit in any
Court of competent jurisdiction.

7. (i) A Magistrate or Senior Police Officer on being satisfied upon search warrant.
written information on oath and after any enquiry which he may

think necessary that there is good reason to believe that any place is
kept or used as a common betting house may by Avarrant authorize
any person therein named or any police officer with such assistance
and by such force as may be necessary by night or by day to enter
or go to such place and to search the same and all persons found
therein and to seize all books, documents, telegrams, writings,
circulars, cards, and other articles used as a subject or means of
betting or wagering or in connection therewith and all money and
securities for money which may be found in such place or on any
such persons and also to detain all such persons until they and the
said place shall have been searched. If any of the things or circum-
stances which are by this Enactment made presumptive evidence of
guilt are found in such place or on any person therein, every
person therein shall be arrested and taken before a Magistrate to be
dealt with according to law.

(ii) All books, documents, telegrams, writings, circulars, cards,
and other articles used as a subject or means of betting or wagering

484

No. 10 OF 1913.

Entry and
search by
Magistrate or
Senior Police
•Officer.

Presumption
a:,'ainst housn
and occupier.

Betting In
public place.

or in connection therewith and all money and securities for money
found in a common betting house or on any persons found therein or
escaping therefrom which the Magistrate is of opinion were used or
intended to be used for betting or wagering shall be declared by him
to be forfeited to the Government and shall be dealt with accordingly.

8. A Magistrate or Senior Police Officer may himself do what he
may under Section 7 authorize a police officer to do whenever such
Magistrate or Senior Police Officer is competent to issue a warrant
under the said section and also in any of the following cases — that is
to say,

(a) if any person has within the preceding six months been

convicted of having kept or used as a common betting
house the place proposed to be entered ; or

(b) if the place proposed to be entered is a common betting

house carried on under the guise of a club or society ; or

as satisfy him that there are sufficient grounds for a search
under the said section ; or

(d) if he receives the required information orally and either on

oath or not on oath under such circumstances that the
object of the search would, in his opinion, be defeated
by the delay necessary for reducing the information to
writing : provided that in this last case the name and
address of the person giving such information are known
to or ascertained by such Magistrate or Senior Police
Officer before he acts upon such information.

9. If any books, documents, telegrams, writings, circulars, cards,
or other articles used as a subject or means of betting or wagering
or in connection therewith are found in any place entered under this
Enactment or upon any person found therein or if persons are seen
or heard to escape therefrom on the approach or entry of a Magis-
trate or Senior Police Officer or if a police officer or any person
having authority under this Enactment to enter or go to such place
is unlawfully prevented from or obstructed or delayed in entering
or apf)roaching the same or any part thereof, it shall be presumed
until the contrary be proved that the place is a common betting
house and that the same is so kept or used by the occupier thereof.

10. (i) Any person frequenting or loitering in any street, roadway,
highway, lane, arcade, footway, square, court, alley, or passage,
whether a thoroughfare or not, or in any public park or garden or
any open and public spd,ce to which the public has access or in any
place licensed as a public-house or hotel on behalf either of himself
or of any other person for the ])urpose of book-making or betting
or wagering or settling bets shall

(a) in the case of a first offence be liable to a fine not exceeding
one hundred dollars ;

(h) in the case of a second offence be liable to a fine not ex-
ceeding two hundred dollars ;

(c) in the case of a third or subsequent offence or in any case
where it is provetl that the person whilst committing
the offence had any betting transactions with a person

BETTING.

485

under the age of sixteen years be liable to a fine not ex-
ceeding five hundred dollars or to imprisonment of either
descrii)tion for a term not exceeding six months without
the option of a fine ;

and shall in any case be liable to the forfeiture of all books, cards,

papers and other articles relating to betting which may be found

in his possession.

(ii) Any police officer may arrest without warrant any person

found committing an offence punishable under this section and may

seize and detain any articles liable to be forfeited.

11. (i) Whenever two or more persons shall be charged with an offenders as
offence against this Enactment the Magistrate may require one or prosecutfo^n.'"
more of them to give evidence as witness or witnesses for the pro-
secution. Any such person who refuses to be sworn or to answer

any laAvf ul question shall be dealt with in the same way as witnesses
so refusing may by law be dealt ^vith by a Magistrate.

(ii) Every person so required to give evidence who shall, in the
opinion of the Magistrate, make true and full discovery of all
things as to which he is lawfully examined shall be entitled to receive
a certificate under the hand of the Magistrate stating that he has,
in the opinion of the Magistrate, made a true and full discovery of
all things as to which he was examined and such certificate shall
be a bar to all legal proceedings against him in respect of such things
as aforesaid.

12. If a person who has been convicted of an offence under this Binding over on
Enactment is again convicted of the same or any other offence 1^^°^^ convic-
under this Enactment the Magistrate may, in addition to the punish-
ment provided for such offence, make an order requiring him to

give security by bond with one or more sureties that he will not
offend against this Enactment for such period not exceeding one
year as the Magistrate thinks fit to fix and every such order shall
he made as nearly as may be in the same manner and shall have the
like effect and consequences as if the same were an order to give
security for good behaviour under Section 74 of the Criminal
Procedure Code.

13. (i) All offences against this Enactment shall be tried sum- Trial.
marily by a Magistrate.

(ii) Any punishment authorized by this Enactment may be im-
posed by the Court of a Magistrate of the First Class, notwithstand-
ing that the same be in excess of the punishment which such Court
is ordinarily empowered to imjaose.

14. Nothing in this Enactment shall extend to any person re- stakes.
ceiving or holding any money or valuable thing by way of stakes

or deposit to be paid to the winner of any race or lawful sport,
game, or exercise or to the owner of any horse engaged in a race.

15. The Chief Secretary to Government may by notification in Power to
the Gazette either generally or in particular cases exempt from the ^^'^™p''
provisions of this Enactment the members and officers of any
racing club or association in respect of any totalizator or pari-
mutuel promoted by it solely for its members.

Short title,
commencement,
and repeal.

Interpretation.

The Fund.

ENACTMENT NO. 11 OF 1913.

As amended by Fed. E. 6 of 1916 and 30 of 1919.

An Enactment to make better provision for a Guarantee
Fund \vith regard to Securities to be furnished by
Public Officers.

Arthur Young,

President of the Federal Council.

[30th July, 1913.
1st October. 1913.

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

1. (i) This Enactment may be cited as " The Public Officers'
Guarantee Fund Enactment, 1913," and shall come into force upon
such date as shall be appointed by the Chief Secretary to Govern-
ment by notification in the Gazette.

(ii) On the coming into force of this Enactment the Enactments
mentioned in the first schedule shall be repealed to the extent
specified in the fourth column thereof : provided that such repeal
shall not affect the validity of any security furnished under any
Enactment hereby repealed but such security shall, so far as is
consistent with the provisions of this Enactment, be deemed to
have been furnished under this Enactment.

2. In this Enactment unless the context otherwise requires —
"The Fund" means the Public Officers' Guarantee Fund re-
ferred to in Section 3.

" The Directors " means the Directors of the Fund ajipointed
under this Enactment.

" Chief Secretary " means the Chief Secretary to Government,
Federated Malay States.

" Auditor-General " means the Auditor-General of the Feder-
ated Malay States.

" Treasurer " means the Treasurer of the Federated Malay
States.

" Officer " means any person holding an office by whatever
tenure in the public service who is required to give security for the
due and faithful discharge of his duties.

THE FUND.

3. All assets and liabilities, ascertained or otherwise, of the
Government Officers' Guarantee Fund established under the En-
actments hereby repealed or any of them shall, on the commence-
ment of this Enactment, become assets and liabilities of a Fund
to be maintained and administered under the provisions of this
Enactment for the purpose of giving security for the due and faithful
discharge of their duties by officers required to give security.

480

PUBLIC OFFICERS GUARANTEE FUND.

487

The said Fund shall be called " The Public Officers' Guarantee
Fund " and shall consist of the said assets and of the contributions
directed by this Enactment to be made and of interest upon the
said assets and contributions.

ADMINISTRATION OF FUND.

4. The Fund shall be administered by a Board of not less than Administration
three nor more than five persons holding office in the public service °^ ^'^*^'

to be appointed by the Chief Secretary, and any three persons so
appointed shall be a quorum.

Such persons shall respectively hold office during the Chief
Secretary's pleasure and shall be styled '' The Directors of the Public
Officers' Guarantee Fund."

5. The Treasurer shall collect all sums accruing due to the Fund Collection of
and shall deduct from the salary of each officer the amount due to '=°°tributions.
the Fund by such officer.

6. The Directors maj' from time to time invest the moneys of investment of
the Fund in Imperial or Colonial Government bonds, or other Fundf^ "^
securities ajjpr^ved by the Chief Secretary.

7. No monej^s of the Fund shall be appropriated or drawn out Dealings with
except on a cheque or order signed by not less than two of the ^^'^■
Directors.

Annual report
and statement.

8. The Directors shall prepare annually on or before the 30th day
of April of each year for th^ information of the Chief Secretary a
report and statement showing the financial position of the Fund
for the year ended the 31st day of December preceding, which shall
be published in the Gazette.

9. The accounts of the Fund shall be audited in January and July Audit of
of each year by the Auditor-General, to whom the Directors shall *'^''°'^"*^-
submit all such documents relating to the accounts of the Fund

and supply all such information connected therewith as he may
require.

10. The Directors may employ such clerical assistance as may be clerical
necessary', and the expenses thereby incurred and all other working other "expenses.
expenses shall be a first charge on the Fund. Such expenses shall

not exceed twelve hundred dollars in any one year or ten per
centum of the income of the Fund in any one year, whichever
amount shall be the higher.

GIVING SECURITY.

11. Every person appointed or promoted after the commence- security to be
ment of this Enactment to a permanent or acting office in the public Enactment."'^*'
service who may be required by the Chief Secretary or by the
Resident of the State in which such person is serving or by any
written law or any rule or regulation to furnish security for the due
and faithful discharge of his duties shall furnish such security under
this Enactment :

488

No. 11 OF 1913.

Officers
appointed
before Enact-
ment may give
security
thereunder.

Officer holding
more offices
than one.

Personal bond
to be furnished.

Provided that any officer who may prefer to give security by
the deposit of money in any bank approved by the Chief Secretary
shall be exempt from contribution under the provisions of this
Enactment if security is thus furnished within seven days of his
assuming the duties of an office in respect of which security is
required. Money deposited in a bank as security under the provi-
sions of this section shall be deposited in the name of the Treasurer :

Provided further that the Chief Secretary may exclude any office
or class of offices from the operation of this Enactment, and in such
case it shall be incumbent on the holders of such office or class
of offices to give security otherwise than under the provisions of
this Enactment.

12. (i) Any officer appointed to any office in the public service
before the commencement of this Enactment who is required to
give security for the due and faithful discharge of his duties may,
if he so desires, give such security by contributing to the Fund.

(ii) When any officer has before the commencement of this En-
actment furnished security by a bond entered into by a surety or
sureties duly apj)roved under existing regulations, it shall not be
necessary for him to find another surety or other sureties unless such
security shall be voided or rendered incomplete or insufficient in
the opinion of the Chief Secretary through the death, departure
from the Federated Malay States, or resignation of any of his sureties
or by any other cause :

Provided that when any security furnished by any officer
appointed to the public service before the commencement of this
Enactment shall be voided or rendered incomplete or insufficient
as aforesaid, the officer who has furnished such security shall give
security in the manner described in Section 11 :

Provided further that the fund shall be in no way liable to make
good any amount payable in respect of any act or default of any
officer contributing to the Fund under this section done or made
before the first day in respect of which such officer makes a pay-
ment to the Fund.

13. Any officer who is performing at one and the same time
duties of more than one office in respect of which security is required
shall give security and contribute in respect of every such office
from which he derives additional emolument.

14. (i) Every officer giving security under this Enactment shall
furnish a personal bond in the form in the second schedule.

(ii) Such bond shall be furnished within seven days from the date
on which such officer enters upon the duties of the office in respect
of which security is required.

(iii) No stamp duty shall be charged on a bond furnished under
this Enactment.

CONTRIBUTIONS TO FUMD.

Entrance fee. 15. Every person on first contributing to the Fund shall pay an

entrance fee of one-half per centum of the amount of the security

PUBLIC officers' GUARANTEE FUND. 489

then required from him. Provided that in no case shall the total e. 6ofi9iti.
amount paid by any person by way of entrance fee exceed the sum
of five dollars or be less than one dollar.

16. (i) Ever}' person who, whether permanently, provisionally, or contributions
temporarily, is appointed to perform and performs the duties of an ^^ oSacers.
office in the public service in respect of which security is required
shall pay every 3'ear into the Fund an amount equal to one-half of e. so of 1919.
one per centum of the amount for which security is required.

(ii) When such appointment and performance do not coincide
with the commencement of a j'car, the payment to be made on
appointment shall bear the same proportion to one-half of one per e. so of 1919.
centum of the amount for which security is required as the period
from the date of such appointment to the 31st day of December
next ensuing bears to a year.

(iii) When the sum standing to the credit of an Officer's Personal
Account is not less than four and a half per centum of the amount
for which he is required to find security, his annual contribution
shall be an amount equal to one-tenth part of one per centum of
the amount for which security is required to be given by such
officer ; unless the Directors consider that the state of the Fund
justifies the suspension of contributions in such cases or requires that e. 30ofi9i!>.
all officers should contribute at the full rate. In such case the
Directors msiy, Avith the approval of the Chief Secretary, suspend con-
tribution or require the full contribution to be continued or resumed,
as the case may be.

Any suspension of contribution under this sub-section may be
terminated by the Directors with the approval of the Chief Secretary.

(iv) Whenever the Directors on preparing their annual report
and statement in accordance with Section 8 consider that in vicAV
of the financial condition of the Fund the rates at the time in force
under sub-sections (i) and (ui) may properly be reduced or ought
to be raised, they shall notify the Chief Secretary to that effect in
their report and shall declare the rates which they recommend to
be prescribed in substitution therefor, and such rates shall, on being
approved by the Chief Secretary and published in the Gazette, be
substituted for the rates at the time in force ; provided that the
rates shall at no time exceed those specified in sub-sections (i)
and (in).

17.- Every officer so appointed shall pay each 3'ear in advance the iiode of paying
total amount of the contributions due by him in respect of that <^°"t"^'^"ons.
year :

Provided that in case an officer ceases to perform the duties of
such office a refund shall be made of such portion of the contribu-
tion paid in advance as is proportionate to the period of the year
during which he has not held such office and in respect of which he
has given security.

18. Save as regards the personal bond referred to in Section 14, Effect oi
every officer contributing to the Fund shall be refieved from all ?o"F^d.''"°
further liabiHty to give security for the due and faithful discharge
of his duties.

490

No. 11 OF 1913.

Officer in
default.

Payment
of amount
certified to
be due.

Proceedintjs
against officer
in default.

Recovery of
amounts from
officer in
default.

DEFAULTING OFFICER.

19. (i) Where any officer is found to be in default by not duly
accounting or by not duly delivering to the officer or other person
authorized or entitled to receive the same all property which ought
to be so accounted for or delivered or otherwise, the amount due
by the officer in default shall be certified by the Auditor-General
and the amount so certified shall be deemed to be due from the
Fund on account of such officer's default subject to apj)eal as here-
inafter provided by the officer alleged to be in default or by the
Directors of the Fund :

Provided that notification of the Auditor-General's certificate
shall be given to the Directors of the Fund and, when practicable,
to the officer alleged to be in default and that the appeal shall be
made within a month of the receij^t of such notification by the
officers concerned.

(ii) If the salary of the officer found to be in default is payable
from the funds of one of the Federated Malay States and does not
exceed £600 or $3,000 per annum, such appeal shall lie to the
Resident of such State with two Assessors, of whom one shall be a
Judicial Commissioner and the other shall be an officer to be
nominated by the Chief Secretary ; and if the salary of the officer
found to be in default is payable from the funds of one of the
Federated Malay States and exceeds £600 or 83,000 per annum or
is payable from federal funds, such appeal shall lie to the Chief
Secretary with two Assessors, of whom one shall be a Judicial
Commissioner and the other shall be the Resident of the State in
which such officer resides.

20. On application made by the Treasurer and subject to any
decision in an appeal under Section 19, the Directors, if there are
sufficient moneys at the credit of the Fund to enable them to do so,
shall pay to the Treasurer from the Fund the amount certified as
above to be due from the officer in default unless the amount so
certified exceeds the amount for which such officer was required to
give security, in which case the Directors shall pay an amount equal
to the amount for which security was required from such officer.

21. Notwithstanding anything in this Enactment contained and
subject to any decision in an appeal under Section 19, it shall be
lawful for the Government or the Directors to recover from the
officer in default or from his personal representatives by civil action
any amount which may be certified as herein provided to be due
by him.

22. (i) Where the whole or any i)art of the amount due by such
officer is recovered the same shall, after the necessary expenses of
recovery, if any, have been deducted, be repaid to the credit of the
accounts of the Fund charged in the first instance, to the extent
of or in proportion to the amounts so charged.

(ii) Where the Treasurer has not received from the Fund the
whole amount due but a part only and the Government proceeds
against any officer in default and recovers the whole amount or any
portion thereof, there shall be repaid to the Fund any amount

PUBLIC OFFICERS GUARANTEE FUND.

491

which may remain after the necessary expenses of recovery, if any,
have been deducted and after deducting from the amounts received
from both sources the amount due by the officer in default.

(iii) All moneys so paid into the Fund shall be placed to the
credit of the accounts of the Fund charged in the first instance, to
the extent of or in proportion to the amounts so charged.

23. Whenever it is established to the satisfaction of the Chief Fund Uabie for
Secretary that loss has resulted to the Government by reason of caus'^d'by^
the act, default, or negligence of some two or more officers guaranteed •^'^unkuowQ*'^
under this Enactment but it is not possible to determine by which degrees.

of the said officers such loss was caused or in what proportions the
loss was caused by them, the Fund shall nevertheless be liable to
make good the amount of the loss sustained if such amount is not
more than the aggregate amount of the sums in respect of which
each of the said officers has been guaranteed by the Fund, and if
the loss is greater then to the extent of the sums aforesaid.

24. Whenever under the provisions of this Enactment the Fund Exclusion from
shall have more than once made good losses on account of any
individual officer, and the Chief Secretary has decided to maintain

such officer in his office or to transfer him with or without reduction
of salary to some other office for which security is required, it shall
be lawful for the Directors to exclude such officer from the opera-
tion of this Enactment, and he shall then be required to furnish
such security as the Chief Secretary shall detei-mine, and no sums
paid by such officer to the Fund shall be returned to him.

ACCOUNTS.

kept of the contri-
■ called —

Separate
accounts to be
kept.

25. (i) There shall be three separate accounts
butions and moneys accruing to the Fund, to bi

(a) The '" Income Account " ;

(6) The '■ Officers' Personal Account " ;

(r) The " Reserve Fund Account."
(ii) All moneys received on account of —

(a) Entrance fees, and

(6) Interest on investments
shall be placed to the credit of the Income Account.

(iii) All contributions from officers shall be placed to the credit
of the Officers" Personal Account, each of such officers being credited
in such account with the amount of his contributions.

(iv) An amount equal to one-tenth part of the contributions of
all officers during the preceding twelve months shall as on the
31st day of December in each year be transferred from the Officers'
Personal Account to the credit of the Reserve Fund Account, the
account of each of such officers being debited accordingly.

26. Whenever the amount at the credit of the Income Account is Transfer from
in the opinion of the Directors reasonably sufficient to meet anj- Reserre fuuI
claims likely to fall upon it, they may transfer all further receipts Account.

or any portion of them under the Income Account to the credit of
the Reserve Fund Account.

492

No. 11 OF 1913.

Chargins
claims.

Liability ol
Personal
Account of
officer in
default.

PiCturn of
portion of
contributions.

Conditions of
return of
money.

PAYMENT OF CLAIMS ON FUND.

27. (i) All claims against the Fund shall be charged in the first
instance against the Income Account.

(ii) If the moneys at the credit of the Income Account are not
sufficient to pay the claims at any time made on the Fund, the
Directors shall have recourse to the amounts then standing at the
credit of the Officers' Personal Account for the payment of such
claims, taking and writing off an equal percentage from the amount
standing to the credit of each officer.

(iii) If the whole of such amount is not sufficient, then the
Directors shall have recourse to the amount at the credit of the
Reserve Fund Account as far as may be necessary for the payment
of such claims.

28. (i) Where an officer is in default, the amount from time to
time at the credit of his Personal Account shall to the extent of
such default be transferred to the account out of which the amount
of such default has been paid.

(ii) Where two or more officers are found to be in default under
Section 23 but their respective responsibilities cannot be deter-
mined, every such officer shall for the purposes of this section be
deemed to be jointly and severally liable in respect of an amount
bearing the same proportion to the total amount of the loss as the
salary of such officer bears to the aggregate salaries of the officers
in default.

RETURN OF CONTRIBUTIONS.

29. Where an officer is appointed to an office outside the Malay
States or the Colony or leaves the public service or ceases to hold
an office in the public service in respect of which security is required
to be given by him or dies, the amount appearing at his credit
when the transfers prescribed by sub-section (iv) of section 25 are
next made after the date of such appointment, leaving, cesser, or
death shall be returned by the Directors to him or his represen-
tatives :

Provided that no payment shall be made under this section until
the amount at the credit of the officer, after taking into account
all transactions and after deducting the proper j^roportions of the
ascertained liabilities of the Fund for the year, has been ascertained
and settled :

Provided further that settlement of refunds of contributions shall
remain in abeyance until the Reserve Fund shall amount to fifteen
thousand dollars or, after it has reached such sum, until there is
an amount in excess of such sum sufficient to meet the claims of
refund put forward, or of one or more of them according to priority.
Priority of settlement shall be determined by the dates of the
respective causes giving rise to the claims for such refund.

30. No return of any money paid into the Fund shall be made to
any person under the last preceding section or to his representatives
unless and until the Auditor-General shall have certified that such
person has duly accounted and is free from any liability to the
Government, and no such return shall be made to any officer who
has been dismissed from the service.

PUBLIC OFFICERS GUARANTEE FUND.

493

MISCELLANEOUS.

31. After a period of five years from the 1st day of Janiian*, Quinquennial
1910, and quinquennially thereafter, the accounts of the Fund for workhig'^of
the preceding period of five years shall be adjusted and the Directors ^'^^'^■
shall report to the Chief Secretary as to the m orking of the Fund
and as to its financial position and whether an}' re-adjustment of
the rates of contribution is considered necessary. Such report
shall be published in the Gazette.

First Schedule.
ENACTMENTS REPEALED.

State.

No. and

Short title.

Extent of

year.

repeal.

Perak

10 of 1904

The . Government Officers'
Guarantee Fund Enact-
ment, 1904

The whole

Selangor . .

12 of 1904

Do.

N. Sembilan

10 of 1904

Do. ,

J J

Pahang

8 of 1904

Do.

Perak

4 of 1905

The Government Officers'
Guarantee Fund Enact-
ment, 1904, Amendment
Enactment, 1905

Selangor . .

6 of 1905

Do.

J J

N. Sembilan

5 of 1905

Do.

Pahang

5 of 1905

Do.

Perak

3 of 1906

The Government Officers'
Guarantee Fund Enact-
ment, 1906

Selangor . .

3 of 1906

The Government Officers'
Guarantee Fund Enactment,
1904, Amendment Enact-

1 ment, 1906

>»

N. Sembilan

1 of 1906

jThe Government Officers'
Guarantee Fund Enactment,
1906

})

Pahang

1 of 1906

The Government Officers'
' Guarantee Fund Enactment,
j 1904, Amendment Enact-
ment, 1906

>»

Perak

4 of 1907

The Government Officers'
Guarantee Fund Enactment,
1904, Amendment Enact-
ment, 1907

Selangor . .

2 of 1907

Do.

N. Sembilan

7 of 1907

i Do.

Pahang

5 of 1907

Do.

494 No. 11 OF 1913.

Second Schedule.

FORM OF PERSONAL BOND.

(Section 14.)

Know all men, by these presents, that I am held and

firmly bound to the Chief Secretary to Government, in the sum

of dollars, to be paid to the said Chief Secretary ; for which

payment to be well and truly made, I do hereby bind myself, my
heirs, executors, and administrators and every of them, firmly
by these presents sealed with my seal.

Dated this day of 19. .

Whereas the above bounden has duly been appointed to

Now, the conditions of the above obligation are such that if the
said as long as he shall hold either provisionally or perma-
nently the above office or any other office or offices, employment or
employments under the Government of the Federated Malay States
or of any of them or under any Commission, Board, or Department
connected with any of the said Governments, the holder of which
office or employment is required to give security, shall in all things
well and truly perform and execute his duties, functions, and
trust, and from time to time and at all times make and render
true and just accounts of all moneys and other property which may
come to his hands by virtue of any such office or employment or
otherwise on behalf of any such Government or any such Commis-
sion Board or Department as aforesaid, and shall well and truly
pay over and deliver up the same, and shall in no way render
himself guilty of any mala fides in the performance of his said
duties, and shall honestly and faithfully demean and conduct
himself in his office or charge — then the above obligation shall be
null and void. Otherwise it shall remain in full force and virtue.

Signed in the presence of

ENACTMENT NO. 13 OF 1913.

As amended by Fed. E. 24 of 1914 and 5 of 1920.

An Enactment to provide for the Protection of Trees,
Plants, and Cultivated Products from Disease and
Pests.

Arthue Young, [30th July, 1013.

President of the Federal Council. 1st August, 1913.]

It is hereby enacted by the Rulers of the Federated Malaj^ States in
Council as follows : —

1. (i) This Enactment may be cited as " The Agricultural Pests short title,
Enactment, 1913," and shall come into force on the publication andre^'eal"^^'^*'
thereof in the Gazette : provided that sub-section (ii) of Section 13

shall not come into force until such date as the Chief Secretary may
by notification in the Gazette prescribe in that behalf and that the
operation thereof may from time to time thereafter be suspended by
the Chief Secretary by such notification as aforesaid for such periods
as he may think fit.

(ii) On the coming into force of this Enactment the Enactments
mentioned in the schedule shall be repealed.

2. In this Enactment, unless the context otherwise requires, the interpretation.
following terms shall have the meanings hereby assigned to them
respectively :

(i) " Chief Secretary " means the Chief Secretary to Government,
Federated Malay States ;

(ii) "Director" means the Director of Agriculture, Federated
Malay States ;

(iii) " Diseased " means attacked by or affected with any pest ;

(iv) " Inspecting Officer" includes the Director and any officer
appointed under Section 3 to be an Inspecting Officer under this
Enactment and also any officer to whom an Insjiecting Officer shall
have delegated by writing under his hand the exercise Or performance
of any power or duty conferred or imposed bj' this Enactment on an
Inspecting Officer, to the extent of the powers or duties so delegated ;

(v) '■ Owner " includes, with reference to any land, all persons
registered in any land office or registry of titles as owners or lessees
of such land, and "' Occupier " includes, with reference to any land,
all persons in actual occupation or charge thereof ;

(vi) " Pest" includes every insect, invertebrate animal, rodent,
plant, and fungus which is destructive or injurious, or apt to be
destructive or injurious, to cultivated plants ;

495

496

No. 13 OF 1913.

Appointment of
officers ;
delegating
power.

Supervising
Committee.

Entry,
inspection;
and removal.

(vii) " Plant " means any tree, shrub, or vegetation, whether living
or dead, and includes the stem, root, leaf, flower, or fruit and any
product or part thereof whatsoever, w^hether severed or attached ;

(viii) " Red beetle " means the beetle designated rhynchophorus
ferrugineus ; and " Rhinoceros beetle " means the beetle desigblaed
oryctes rhinoceros, commonly known also as the elephant or natck
beetle and belonging to the group Lamellicornia ;

(ix) " Supervising Committee " means the committee referred to
in Section 4.

3. (i) The Chief Secretary may from time to time appoint by
name or office and when appointed remove so many Insi:)ecting
Officers and other officers as he may consider necessary for carrying
out the purposes of this Enactment. The appointment of Inspecting
Officers shall be notified in the Gazette.

(ii) The Chief Secretary may also, if he shall think fit, limit the
area within which such officers or any of them shall exercise the
powers and perform the duties assigned to them by this Enactment
or any rules thereunder.

(iii) With the previous written approval of the Director, which
may be given generally or be restricted to specified cases, an Inspect-
ing Officer may by writing under his hand delegate to any officer
subordinate to him the exercise and performance of any powers or
duties assigned to an Inspecting Officer by this Enactment or any
rules thereunder, and such subordinate officer may thereupon
exercise and jDcrform the powers and duties so delegated.

(iv) All officers appointed under this section, and all officers to
whom powers or duties shall have been delegated under this section
when acting within the scope of the powers or duties so delegated,
shall be deemed to be public servants within the meaning of the
Penal Code.

4. (i) For the purposes of this Enactment there shall be a Super-
vising Committee consisting of not less than three persons, of whom
one shall be the Director and the others shall be nominated from
time to time by the Chief Secretary ; of the persons to be so nomi-
nated not more than half shall be officers employed in the public
service ; all nominations under this section shall be notified in the
Gazette. The Director shall be Chairman of the said Committee.

(ii) Members of the Supervising Committee nominated by the
Chief Secretary shall, unless expressly nominated for a shorter term,
ordinarily retain their membership thereof for a period of five years,
but shall be at liberty to resign their membership at any time and
may at any time be removed from the Committee by the Chief
Secretary by notification in the Gazette.

5. (i) Every Inspecting Officer shall within the area, if any,
limited by his appointment have power to enter at all reasonable
times with or without assistants upon any land alienated for agri-
cultural purposes or whereon any ])lants are or have been cultivated
and to remain there so long as may be reasonably necessary for the
purposes of this section and

AGRICULTURAL PESTS. 497

(a) to inspect and examine such land and all plants thereon for
the purpose of ascertaining whether any of such plants are
diseased or whether such land or any plant thereon is in
a condition favourable to the introduction or spread of
any pest ; and
(6) to remove by cutting, digging, or otherwise such portions of
any plant as he may think expedient to remove for
purposes of examination or investigation,
(ii) The owner and occupier of such land shall permit every
Inspecting Officer to have access thereto for the said purposes and
shall suj)ply to such officer all such information as may be requested
by him and may be reasonably necessary for the said purposes.

6. (i) If on or as a result of any inspection or examination of land Power to direct
or plants by an Inspecting Officer it shall appear to such officer that tr'StmentV^
any plant is diseased, such officer may by notice in writing under his plants or pests
hand, addressed to the owner or occupier of the land whereon such Und,
plant is, direct him to take within a time to be stated in the notice
such measures, either by destruction of such plant or by treatment in
a manner to be specified in the said notice of such plant or of any
pest whereby such plant is attacked or wherewith it is affected, as
may seem to the Inspecting Officer necessary or expedient for the
eradication or the prevention of the spread of any pest.

(ii) If on or as a result of any inspection or examination of land
or plants by an Insj)ecting Officer it shall appear to such officer that
any land or plant is in a condition favourable to the introduction or
spread of any pest, such officer may by notice in writing under his
hand, addressed to the owner or occupier of the land whereon such
condition exists, direct him to take within a time to be stated in the
notice such measures as may in the said notice be specified for the
treatment of such land or plant with a view to the bringing of the
same into a condition not favourable to the introduction or spread
of any pest.

7. If any owner or occupier of land on whom a notice under the Application to
provisions of Section 6 has been served is of opinion that any act or committee!
thing required by such notice to be performed or done is unreasonable
or unnecessary, he may by an application in writing addressed to
the Supervising Committee and despatched by registered jDost to or
otherwise delivered at the office of the Director of Agriculture in
Kuala Lumpur within seven days from the service of the said notice
and setting forth the grounds on which such application is based
apply to the said Committee for an order cancelling or varying the
said notice and shall forthwith notify the Inspecting Officer by whom
the said notice was signed that the said application has been made.
The said Committee may on receipt of such application suspend the
operation of the notice or make such other order in the premises as it
may think just ; provided that if the notice in respect of which an
application is made shall have been signed by a member of the
Supervising Committee, such member shall take no part in the pro-
ceedings of the Committee upon such application ; provided further
that, pending any order by the said Committee to the contrarj^
the said notice shall remain in force as if such application had not
been made.

11—32

498

No. 13 OF 1913.

Enforcement of
the action
. tlirected.

Penalty for
wilful "default.

Power of con-
victing Court to
order action to
be taken.

E. 5 of 1920.

riacina: land in
quarantine.

Application for
e^xamination of
quarantined
area.

8. (i) If any owner or occupier of land on whom a notice under
the provisions of Section 6 has been served shall fail to comply
therewith within such time as may be stated in the notice for the
performance of the acts thereby required to be done, the Inspecting
Officer may, subject to any order made under Section 7 by the
Supervising Committee, enter upon the land to which the notice
refers and may cause to enter thereon such persons with such instru-
ments and things as may be necessary and may proceed to perform
and do thereon all acts and things required by the said notice to be
performed or done, and the cost thereof shall be recoverable from the
said owner or occupier by the Director, or any person authorized in
that behalf by the Director, by civil suit.

(ii) Nothing in this section contained shall affect any liability of
any person to prosecution and punishment under Section 9.

9. If any owner or occuj)ier of land on whom a notice under the
provisions of Section 6 has been served shall wilfully neglect to
comply therewith within the time therein stated, he shall be liable to
a fine not exceeding five hundred dollars : provided that no person
shall be punishable under this section for neglect to comply with any
notice the operation of which shall have been suspended or cancelled
by the Supervising Committee under the provisions of Section 7, and
provided further that, where the said Committee has under the
provisions of Section 7 made an order varying the terms of any such
notice, the notice as so varied shall for the purposes of this section
and of Section 8 be deemed to be the notice under the provisions
of Section 6.

9a. (i) Ui)on the conviction of any person under Section 9 or under
this section, the Court before which the conviction is had may order the
convicted person to take, within a time to be fixed by the Court, the
measures for failure to take which such conviction ivas had.

(ii) If any person fails ivithout reasonable cause, to be allowed by
the Court, to comply with an order made under sub-section (i), he shall be
liable to a fine not exceeding five hundred dollars.

10. (i) Whenever the Director is of opinion that plants on any
land are diseased, he may with the approval of the Resident of the
State wherein such land is situate make an order jalacing such land
or any jiart thereof in quarantine for such period as may be
prescribed by the order.

(ii) So long as an order of quarantine applies to any land no person
shall remove any plant therefrom except with the permission and
under and in accordance with the direction of an Inspecting Officer.

(iii) Any land placed in quarantine under sub-section (i) shall
continue in quarantine until the Director shall certify that no plants
thereon are diseased.

11. Any owner or occui)ier of land quarantined under Section 10
may ajiply to an Inspecting Officer to examine tlie quarantined area
with a view to obtaining from the Director the certificate referred to
in sub-section (iii) of Section 10, and the Inspecting Officer shall
as soon as convenient after receipt of such application visit and

AGEICULTCJl^AL PESTS. 499

examine the said area ; jarovided that every such appHcation
except the first shall be accompanied by a deposit of ten dollars
towards the cost of such visit and examination, and if the cost
thereof shall amount to less than ten dollars the balance remaining
after deduction of the said cost shall be refunded to the depositor,

12. If in the opinion of the Director the destruction of any power to order
diseased plant is a matter of necessity and extreme urgency, he mav immediate

f ,, .,, 1 T . ... ^. . , . 1. 1 destruction

forthwith make an order in writing directing the immediate clestruc- of plants.
tion of such plant by any person referred to in the order, and the
said plant shall be destroyed accordingly and the cost of such
destruction, if incurred by any person other than the owner or
occupier of the land whereon such diseased plant was, shall be
defrayed by such owTier or occupier.

12a. (i) Every Inspecting Officer shall within the area, if any, Entry for
limited by his appointment have power aclioifwitu'

(a) to enter at all reasonable times ivith or without assistants upon [ocusts'eggs
any land and to remain there so long as may he reasonably and locusts.
necessary for the purpose of ascertaining whether any locusts' ^--^^^i^^^-
eggs or any locusts in the stage in which they are known as
hoppers are in or upon such land ;

{b) to enter ivith or without assistants and with such instruments
and things, if any, as he may deem necessary upon ariy land
on or in which there are any locusts' eggs or any locusts in the
stage in which they are knoivn as hoppers and to take and cause
to be taken thereon any action, whether by means of poison or of
mechanical apparatus or otherwise howsoever, which he may
deem proper for the destruction of such eggs or locusts ; pro-
vided that where the powers mentioned in this paragraph are
exercised in pursuance of authority delegated under sub-section
(iii) of Section 3, the action to be taken for the destruction of
eggs or locusts shall be restricted to such action as shall have
been expressly authorized in ivriting by the delegating officer.

(ii) No person shall obstruct or interfere with any thing done or in
course of being done under the provisions of this section.

13. (i) Whenever locusts' eggs are found or locusts in the stage in Duty of owner
which they are known as hoppers appear on any land, the occupier or "', ?earance of
if there he no occupier the owner thereof shall, so soon as he becomes locusts' eggs
aware that such eggs have been found or such locusts have appeared 7!!°''f7°i4
thereon, forthwith i-jio o .

(a) give notice thereof in writing or otherivise to an Inspecting Officer
or at the nearest Land Office or Police Station, with such
particulars as maybe prescribed by rule under this Enactment,
and

(6) use his utmost endeavours immediately to destroy the eggs or
locusts, as the case may he, and

500

No. 13 OF 1913.

Driving; of
locusts.

Piity of owners
of foconut trees
attacked by
Liietles.

[(l) render all assistance in his power towards the carrying out of
any action taken or directed by an Inspecting Officer for the
purpose of destroying the eggs or locusts and, in particular,
place at the disposal of the Inspecting Officer, on demaiid,
for such period not exceeding one iveek as the Inspecting
Officer tnay require, so many of the labourers, if any, em-
ployed by him on the land ivhereon such action is or is to be
taken, or on any other land owned or occupied by him which is
distant not inore than three miles by direct measurement from
the land whereon such action is or is to be taken, as the
Inspectiyig Officer may require, not exceeding one-half of the
total number so employed.

(ii) Any owner or occupier who shall place labourers at the disposal
of an Inspecting Officer in pursuance of the provisions of paragraph {d)
of sub-section (i) shall be entitled to recover from public funds in respect
of every such labourer whose services shall have been utilized by the
lyispeciing Officer such amount as may be from time to time prescribed
by rule under Section 21 ; and any other expenditure incurred by an
owner or occupier in the destruction of eggs or locusts which is certified
as reasonable by an Inspecting Officer shall, subject to the approval of
the Resident of the State in ivhich such destruction of eggs or locusts
was effected, be recoverable by him from public funds.

(iii) Every person who shall commit a breach of the provisions of
this section shall be liable to a fine not exceeding two hundred and fifty
dollars.

14. Any person who shall wilfully drive or abet the driving of
locusts in the stage in which they are known as hoppers off land
owned or occupied by any person on to other land om ned or occupied
by a different person shall be liable to fine not exceeding five hun-
dred dollars unless he prove to the satisfaction of the Court that
growing crops on the land off which the locusts were driven were in
danger from them and that in driving them off such land he used
his utmost endeavours to destroj^ them and did not drive them
towards the growing crop of any other person.

15. (i) It shall be the duty of every owner of coconut trees
which are attacked by beetles to clear the trees of beetles within
one month from the service upon him of a notice in that behalf
signed by a Collector or Assistant Collector having authority
under "The Land Enactment, 1911," in the place where such trees
are situated.

(ii) It shall be the duty of the owner or person in charge of
every coconut tree which is dead or is attacked beyond recovery
by the rhinoceros beetle or the red beetle forthwith to ui)root such
tree and either to consume it with fire or to bury it in the ground
at a depth of not less than three feet so that tlie beetle and all
eggs and larva:^ thereof may be totally destroyed and that the tree
may not serve as a breeding-place for rhinoceros beetles or red
beetles.

(iii) If any person withoutTreasonable excuse (the burden of
proof whereof shall lie on him) neglects or refuses to perform any
duty imposed upon him by this section, he shall be liable to fine

AGRICULTURAL PESTS. 501

not exceeding two dollars for every tree in respect of Avhich such
neglect or refusal occurs, and any such officer as is in Section 16
referred to may cause to be performed the duty so nelgected or
refused to be performed and may recover the cost of such per-
formance by civil suit from the person so neglecting or refusing
as aforesaid.

16. (i) All coconut trees in every mukim shall be periodically inspection^of
inspected by the penghulu of the mukim, who shall report to a by penghuri!
Collector or Assistant Collector having authority under •' The Land
Enactment, 1911,"' in the place where such trees are situated or

to such other officer as the Resident of the State may by notifi-
cation in the Gazette appoint in that behalf such trees as are infected
with rhinoceros beetles or red beetles ; any Collector or Assistant
Collector having authority as aforesaid or any other officer appointed
as aforesaid may order that any coconut tree infected with
rhinoceros beetles or red beetles be cleaned or cut down or be
burned or buried in the manner prescribed in Section 15, and the
penghulu of the mukim wherein such tree is situated shall see that
such order is carried out.

(ii) The duties assigned by this section to penghulus of mukims,
shall in anj^ mukim for which there is no penghulu be performed by
such native officer as may be directed by such Collector or Assistant
Collector as aforesaid to perform the said duties.

17. In any State the Resident may from time to time make such compensation
compensation as he may think fit to any owner of a coconut tree of cocanuUrees.
who, being in needy circumstances, is required to destroy such tree :
provided that the compensation in respect of any one tree shall

not exceed five dollars and that the compensation given in one year
to any one person shall not exceed one hundred dollars.

18. If any person keeps on his premises dead coconut trees or Destraction of
stumps, coconut timber, rubbish heaps, accumulations of dung, "arbour beetles!
vegetable refuse, or other matter likely to. harbour or become
breeding-places for rhinoceros beetles or red beetles and neglects

or refuses to remove or destroy the same when required so to do
by a notice in writing from any such officer as is in Section 16
referred to, he shall be liable to fine not exceeding one hundred
dollars and any such officer as is in Section 16 referred to may cause
such trees, stumps, timber, rubbish heaps or other accumulations
to be removed or destroyed and may recover the cost of such
removal or destruction by civil suit from the person so neglecting
or refusing as aforesaid.

19. All District Officers, all officers appointed under 'The Land Access to coco-
Enactment, 1911," and all officers appointed by the Resident ^^"^^ plantations.
of any State by notification in the Gazette to exercise any powers

under Section 16 shall within the areas over which their poAvers
extend have access at all reasonable times into and upon any land
whereon any coconut tree is growing for the purpose of inspecting
such tree and also into and upon any land or premises where there
is reason to suppose that there are kept any such things as in
Section 18 are referred to.

502 No. 13 OF 1913.

Conipensation. 20. Subject to the provisions of Section 17, no owner or occupier

E. 2ioii9i4. of land or other person shall be entitled to compensation for any
expense incurred or damage occasioned by any order given or
act done in pursuance of the j^rovisions of this Enactment or
any rule thereunder unless such damage were occasioned hy negli-
gence or maliciously and without reasonable cause ; but the Chief
Secretary may, in his discretion, order that such compensation
as he may think fit be paid to the owner or occupier of any land who
is required to destroy as a measure of precaution any plant thereon
not being diseased. No application for compensation shall be
entertained unless it be in writing and be received in the office of
the Chief Secretary within three months from the date of the notice
requiring the destruction of such plant, and in no case shall com-
pensation be paid in excess of the actual value of the plant destroyed
at the date of such notice ; if any question arise as to such actual
value, the decision of the Director thereon shall be final and
conclusive.

^"'<^^ 21. (i) The Chief Secretary may from time to time make rules

for j^re venting the introduction of pests into the Federated Malay
States or any part thereof and for preventing the spread of pests
therein. Such rules may 2:)rovide, amongst other things, for

(a) prohibiting the landing in the Federated Malay States
from places outside the said States of any plant or animal
the landing of which ma.y appear to the Chief Secretary
to be likely to introduce any pest ;

(?>) the treatment or destruction of any plant or animal which
has been landed and of the packages, cases, pots, or cover-
ings in which the same may be packed.

Any such rule may be absolute or subject to such conditions and
exceptions as may be expressed therein and may apply to the
introduction of plants or animals either generally or from any
specified place.

(ii) The Chief Secretary may also from time to time make rules
for fully and effectually carrying out and giving effect to the various
provisions and po\^'ers in this Enactment contained. Such rules
may provide for

(a) the powers and duties of officers appointed under
Section 3 ;

(ft) the convening of meetings of the Supervising Committee
and the conduct of the business thereof ;

(c) the manner of entry upon lands under the provisions of
this Enactment and the notice, if any, to be given prior
to such entry ;

{d) the conduct of examinations and inspections of plants and
of other proceedings authorized by this Enactment ;

(e) the notification by owners and occupiers of land of any
plant found to be diseased ;

(/) the form of orders, applications, and certificates under this
Enactment ;

AGRICULTURAL PESTS. 503

(g) all other matters connected with the enforcement of this
Enactment.

(iii) All rules made under this section shall be published in the
Gazette and shall thereupon have the force of law.

(iv) Any person contravening the provisions of any rule made and penalty for
published under this section shall be liable to fine not exceeding broach of mie.
five hundred dollars.

(v) An Inspecting Officer or an}^ subordinate officer acting under
the directions of an Inspecting Officer may destroy or cause to be
destroyed any plant introduced into the Federated Malay States in
contravention of any rule made and published under this section.

22. (i) When any notice is required by this Enactment to be service of
given to the owner or occupier of any land, such notice addressed loti'^^e^-
to the oA\aier or occupier may be served in manner follo^\'ing, that
is to say —

(a) if the owner or occupier of such land be within the State

wherein such land is situate, the notice may be delivered
to him or left with some adult member of his family
(other than a servant) residing with him within such
State ;

(b) if the notice cannot be served in the manner described in

clause {a) or if the owner or occupier be not resident
within the State wherein the land is situate, it may be
sent by registered post addressed to him at his residence
in any part of the Federated Malay States or in the Colony ;

clause (a) or clause (6) or if there be no known owner
or occupier of such land, the notice may be put up on
some conspicuous place on the said land.

(ii) It shall not be necessary in any such notice to name the
owner or occupier if the land to which the notice relates is therein
referred to.

(iii) Every such notice shall be in the English language and also,
if the person for whom it is intended be an Asiatic not known to
understand the English language, in such other language as may in
the opinion of the officer signing the notice be likely to render
it intelligible to such Asiatic ; provided that no notice shall be
deemed to be bad or insufficient by reason merely of the language
wherein the same is rendered.

23. Whenever the Government shall have supplied any material penalty for
free of charge for the prevention or eradication of any pest, any "^teriai!
person who shall wilfully appropriate or use the same for any pur-
pose other than that for which the said material Mas supplied shall

be liable to fine not exceeding two hundred and fifty dollars.

24. Every person \vho shall commit any breach of the provisions General
of this Enactment for the breach whereof no penalty is otherwise renaity.
expressly provided shall be liable to fine not exceeding two hundred
dollars.

504

No. 13 OF 1913.

Proceedings to 25. No proceedings shall be instituted in any Court against any
'^ by^Dk^tor!'^ person under any provision of this Enactment other than sections
E. 5 of 1920. 9a, 15, and 18 excejjt with the written authority of the Director.

Provisions

ref;ar(ling
actions.

26. (i) No action shall be brought against any person for any-
thing done, or hond fide intended to be done, in the exercise or
supposed exercise of the powers given by this Enactment or by any
rules made thereunder

(a) without giving to such person one month's previous notice

in writing of the intended action and of the cause thereof ;

(b) after the expiration of three months from the date of the

accrual of the cause of action ;

The Schedule.
ENACTMENTS REPEALED.

State.

Perak

Selangor . .
N. Sembilan
Pahang . .

No. and
year.

3 of 1898

4 of 1898

10 of 1898

11 of 1898

Short title.

Coconut Trees Preservation Enactment,
1898

Do.
Do.
Do.

ENACTMENT NO. 15 OF 1913.

An Enactment to provide for securing to Malays their
interests in land.

Arthur Young, [23rd December, 1913.

President of the Federal Council. 1st January, 1914.]

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

1. (i) This Enactment may be cited as " The Malay Reservations short title and
Enactment, 1913," and shall come into force upon the 1st day of ^ent!^"'^^
Januar}', 1914.

(ii) Nothing in this Enactment contained shall affect the pro-
visions of the Customary Tenure Enactment, 1909, of the State of
Negri Sembilan.

2. In this Enactment the following expressions shall have the interpretation.
respective meanings hereby assigned to them :

" Collector " means any Collector or Assistant Collector duly
appointed under the Land Enactment, 1911 ;

" Malay " means a person belonging to any Mala3'an race who
habitually speaks the Malay language or any Malayan language and
professes the ^loslem religion ;

" Registrar of Titles " means a Registrar of Titles appointed under
" The Registration of Titles Enactment. 1911," or under any Enact-
ment thereby rej)ealed and includes a Deputy Registrar appointed
under any of the said Enactments ;

" Reservation-land " means land situate within an area which has
under the provisions of Section 3 or Section 4 been declared to be, or
to be included in, and is, or is included in, a Malay Reservation ;

The expression "to alienate," with its grammatical variations,
and the expression "State land" have respectivel}^ the meanings
assigned to the said expressions by the Land Enactment, 1911.

3. (i) It shall be lawful for the Resident of any State, with the Declaration o?
approval of the Ruler of such State in Council, to declare by Enervations.
notification in the Gazette any area of land within such State to

be a Malay Reservation.

(ii) Such declaration shall describe with reasonable accuracy the
limits and boundaries of such area of land, either by reference to
boundaries of surve3'ed lands or by reference to natural features
or otherwise, as may to the Resident seem expedient, but it shall
not be necessary for the purposes of such declaration to measure or
survey the area therein referred to.

505

506

No. 15 OF 1913.

Alteration and
revocation of
llalay
Reservations.

Inclusion of
alienated or
State land.

Notice of
Eeservation,

Eestriction on
alienation.

Restriction on
transfer of
interest.

Restriction on
execution sales.

(iii) Such declaration shall take effect on the publication thereof
in the Gazette unless it be expressed to take effect at a later date
therein specified, in which case it shall take effect at the later date
so specified,

4. With respect to anj^ State the Resident of such State may at
any time, with the approval of the Ruler thereof in Council, by
declaration in the Gazette

(a) alter the limits or boundaries of any Malay Reservation, or

(b) revoke any declaration made under Section 3, either as to

the whole or any j^art of the area therein referred to, or

from.

Such declaration shall take effect in the manner provided in
sub-section (iii) of Section 3.

5. Any alienated land or State land may be included in a Malay
Reservation.

6. (i) On the declaration of a Malay Reservation and on the
inclusion in any existing Malay Reservation of any land previously
excluded therefrom notice thereof shall be forthwith served upon
every person having a registered title to land within the area so
declared or included or otherwise in lawful occupation of land
therein.

(ii) Such notice may be served personally" upon the person to
whom it is addressed or may be served in an}^ manner provided
under the Land Enactment, 1911, for the service of notices there-
under ; provided that no failure to serve or irregularity in the
service of any such notice as is prescribed by this section shall
affect the validity of the declaration to which the same relates.

7. No State land included A^ithin a Malay Reservation under
this Enactment shall be sold, leased, or otherwise disposed of to
any person not being a Malay.

8. (i) No right or interest of any Malay in Reservation-land shall,
except in pursuance of a sale effected with the consent of the Ruler
of the State in Council as in Section 10 provided, be transferred to
or vest in any person not being a Malay ; provided that nothing
in this section contained shall be deemed to prohibit the leasing of
Reservation-land to persons other than Malays for any term not
exceeding three years.

(ii) Notwithstanding an}i:hing contained in " The Powers of
Attorney Enactment, 1912," and except in the case of poAvers of
attorney valid within the Federated Malay States immediately prior
to the commencement of this Enactment, no power of attorney
whereof the donee or any donee is a person not being a Malay shall,
in so far as it relates to any right or interest of a Malay in Reserva-
tion-land, be irrevocable.

9. No right or interest of any Malay in Reservation-land shall
be sold in execution of a decree to any person not being a Malay.

MALAY RESERVATIONS. 507

10. No right or interest of any Malay in Reservation-land shall Restriction oa
be sold at the instance of a chargee of such land without the consent '^'^^'^S'^ s^'*^^-
of the Ruler of the State wherein such land is situate in Council.

Such consent may be subject to such conditions and limitations
(if any) as the Ruler of the State in Council may see fit to impose.

11. (i) If the Ruler of the State in Council shall refuse to consent ciaimof

to the sale of Reservation-land charged by a charge created prior si'iTpohTbited.

to the taking effect of the declaration wherebj^ the land charged

was included in a Malay Reservation or shall consent thereto

subject to conditions or limitations imposed or if the charge was

registered before the 1st July, 1913, the chargee may apply to the

Resident of the State wherein such land is situate for payment of

the amount due upon such charge, and if such application be made

then the Resident shall pay to the chargee the amount due upon

such charge, or if the value of the land charged shall be less than

the amount due upon the charge the Resident shall pa}^ to the

chargee the value of the land.

(ii) In the event of any dispute arising as to the value of such
land the Resident and the chargee shall each a2:)point a person to
determine the value of the land and the persons so appointed shall
before entering upon sucli valuation appoint an umpire and shall
thereafter proceed to their valuation, and if they agree as to the
value of the land their valuation shall be final and binding, but if
they fail to agree the matter shall be referred to the umpire and
the valuation of the umpire shall then be final and binding as to
the value of the land.

(iii) If the Resident shall under the provisions of this section pay
to a chargee the amount due upon the charge or the value of the
land charged, as the case may be, then the charge shall be deemed
to be satisfied, but the amount of such payment shall be a debt due
by the chargor, his executors and administrators to the State
wherein the land which was charged is situate and the same may
be sued for and recovered in a Court of law at any time within six
years from the date when such payment was made.

(iv) For the purposes of this section the value of the land shall
mean the value thereof immediately prior to the publication of the
declaration that the same is, or is included in, a Malay Reservation.

(v) Any person appointed under sub-section (ii) not being a
public officer may receive such fee for his services as the Resident
shall direct, and any expenses necessarily incurred for the purposes
of the said sub-section shall be borne by the Government.

12. (i) Immediately after the taking effect of any declaration inscription on
under Section 3 or Section 4 (c) the Collector for every district tlSr R^fr-
wherein are situated any lands owned by or held on lease from the vation-iaud.
Government by Malays which by the said declaration are declared

to be, or to be included in, a Malay Reservation shall by public
notice require all persons owning or holding on lease from the
Government such of the said lands as are within his district under
documents of title issued liefore the taking effect of the said declara-
tion to attend before him and produce such documents of title,

508

No. 15 OF 1913.

Dealincs

contrary

to Enactment

void.

Decision of
doubtful points
by EuJer in
Council.

Funds for
liaymcnt.

Apiilication of
the Land
Enactment,
I'Jll.

and all such persons shall attend and produce such documents
accordingly.

(ii) On the production of such documents the Collector shall in
the case of documents of title registered in the Land Office inscribe
conspicuously in red ink across the face thereof the Avords " Malay
Reservation," and shall in the case of documents of title registered
in a Registry of Titles forward them to the Registrar of Titles who
shall inscribe thereon the said words in manner aforesaid ; after
the inscription prescribed by this section has been made upon any
document of title, it shall be returned to the person entitled to
the custody thereof.

(iii) Before the issue or return to any Malay of any document of
title for land which at the time of such issue or return is included
within a Malay Reservation and whereon the inscription prescribed
by sub-section (ii) has not been made the Collector or Registrar of
Titles, as the case may be, shall inscribe conspicuously in red ink
across the face thereof the words " Malay Reservation."

(iv) In every case where an inscription is required to be or has
been made under this section on any document of title a corre-
sponding inscription shall be made in the Mukim Register or
Register of Titles or Register of Leases of State Land, as the case
may be.

(v) Any person failing to attend before the Collector when
required so to do under sub-section (i) shall be liable on conviction
before a Magistrate to fine not exceeding twenty-live dollars.

(vi) Where land ceases to be included in a Malay Reservation,
any inscription made under this section relating to such land may
be cancelled by the Collector or the Registrar of Titles, as the
case may be.

13. All dealings or disposals whatsoever and all attempts to deal
or dispose in or of Reservation-lands contrary to the provisions of
this Enactment shall be null and void.

14. If doubt shall arise in any State as to Avhether any person is
a Malay within the meaning of this Enactment or as to the mode of
operation of this Enactment or the manner in which the provisions
thereof are to be construed or carried into effect or otherwise in
relation thereto, the same may be referred through the Resident of
such State to the Ruler thereof in Council who shall decide the
same, and every such decision shall be final and shall not be
questioned or revised by any Court.

15. All moneys payable under the provisions of sub-section (i)
or sub-section (v) of Section 1 1 shall be payable out of the revenues
of the State wherein the land charged is situate.

16. Except as otherwise in this Enactment provided the Land
Enactment, 1911, shall apply to Reservation-lands.

ENACTMENT NO. 19 OF 1913.

An Enactment to provide for mutual assistance between
the Police of the Federated Malay States and the
Police of the Straits Settlements and for authorizing
arrest and trial in the Federated Malay States for
certain offences committed outside the said States.

Arthur Youkg, [23rd December, 1913.

President oj the Federal Council. SOth December, 1913.]

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

1. (i) This Enactment may be cited as "The Police Assistance short title,
and Criminal Jurisdiction Enactment, 1913," and shall come into an^^epTal!"^'' '
force on the publication thereof in the Gazette.

(ii) On the coming into force of this Enactment the Enactments
mentioned in the schedule shall be repealed to the extent specified
in the fourth column thereof ; provided that all orders made and
subsisting under any provision hereby repealed of The Straits
Settlements Offenders Enactments, 1904, shall be deemed to have
been made under this Enactment.

2. (i) Whenever application is made by any public officer of the D&^patchof
Colony to any officer in administrative charge of a district of the ntiayVtates
Federated Malay States having a common boundary with any coto"®*"*^®
administrative clistrict of the Colony, or to any police officer not

below the rank of sergeant having authority in any such district
of the Federated Malay States, for assistance in any 'temporary
emergency by the despatch of a body of police from the Police Force
of the Federated Malay States for temporary service in such district
of the Colony, such officer may in his discretion despatch or cause
to be despatched into such district of the Colony such and so many
members of the Police Force of the Federated Malay States at his
disposal as may, in the opinion of such officer, be necessary or
expedient having regard to all the circumstances of the case not
exceeding the number, if any, specified in the said appHcation.

(ii) All members of the Police Force of the Federated Malay
States who may be ordered pursuant to the provisions of sub-section
(i) to proceed to the Colony for service shall comply with such
order and every such order shall for the purposes of Section 19
of The Police Force Enactments, 1905, be deemed to be made by
the Commissioner of Police for the Federated Malay States with
the sanction of the Chief Secretary to Government.

509

510

No. 19 OF 1913.

Service of
Colonial Police
iu the Federated
Malay States.

Enforcement of
contract made
with Colonial
Government.

Powers of
member of
Colonial i'olice
Force.

Powers of

Magistrate of
the Federated
Malay States.

3. Whenever

(a) in pursuance of an order made by the Governor of the
Colony with a view to the preservation of order and the
protection of life and jDroperty in the Federated Malay
States a body of jjolice from the Police Force of the
Colony is present in any part of the Federated Malay
States, or

(6) in resjjonse to an application made by any ofhcer in adminis-
trative charge of a district of the Federated Malay States
having a common boundary with any part of the Colony
or by any police officer not below the rank of sergeant
having authority in any such district a body of police
from the Police Force of the Colony is present in such
district for the purpose of assisting the Police Force of
the Federated Malay States in any temporary emergency,

the members of such body shall be under the orders of their own
officers present Avith them, if any, subject to the control of the senior
police officer present, whether he be a member of the Police Force
of the Colony or of the Police Force of the Federated Malay States,
and shall be subject to the same regulations and so far as possible
perform the same duties as when on service in the Colony. Provided
that the powers given by section 27 of the "" Police Force Ordi-
nance, 1872," of the Colony to the Inspector-General to punish for
offences committed by Inspectors of Police may, in the case of
Inspectors present in the Federated Malay States under the cir-
cumstances in this section referred to, be exercised, in the absence
of the Inspector-General, by the highest police officer of the Colony
who may be so present. And provided further that members of
the Pohce Force of the Colony present in any district of the
Federated Malay States in response to such an application as is
referred to in clause (b) of this section shall not be required to
serve in any other district.

4. Whenever any body of police from the Police Force of the
Colony shall be present in the Federated Malay States under the
circumstances in Section 3 referred to, any contract of service made
between any member of such body and the Government of the Colony
may be enforced in the Federated Malay States in the same manner
and with the like effect as if such contract had been made between
such member and the Government of the Federated Malay States.

5. Any member of the Police Force of the Colony present in the
Federated Malay States under the circumstances in Section 3
referred to shall have and may exercise the powers, and shall be
liable to perform the duties, of a police officer of the Federated
Malay States.

6. Any Magistrate of the Federated Malay States may hear and
determine charges against members of the Police Force of the
Colony present in the Federated Malay States under the circum-
stances in Section 3 referred to in respect of the offences mentioned
in Section 26 of the " Police Force Ordinance, 1872," of the Colony,
provided that no such Magistrate shall inflict any greater punish-

POLICE ASSISTANCE AND CRIMINAL JURISDICTION. 511

ment than is provided in the said section in respect of any such
offence.

7. Whenever it appears to the Chi^f Secretary to Government Power to the
that provision is made b}^ the Law of the Colony for conceding like ^o^Govtramen?
powers to the Courts and police officers of the Federated Malay to. make orders

■^ ^ with reLrard to

States with respect to the arrest in the Colon}' of persons accused arrest and trial
of offences committed and to recovery of goods alleged to have been iia*iay Itat^es*^^''
stolen in the Federated Malay States, it shall be lawful for him for offences

, ,, (• , 1 r 11 " • 1 committed in

to make all or any of the loilowing orders : tueCoiony.

(a) That it shall be laA^-ful for any jjolice officer of the Colony
to execute without endorsement within the- State of
Perak the lawful warrant of anj- Magistrate of the Colony
for the apprehension of any person accused or convicted
of a criminal offence committed or for the recovery of any
goods alleged to have been stolen within Province Wellesley
or within the territor}' of the Bindings in like manner as
such warrant might be executed within the Colony ;
provided that such warrant be executed within one week
from the issue thereof. And that it shall be lawful for
any such police officer upon fresh pursuit to arrest without
Avarrant any person so accused or convicted as aforesaid
at any place within the State of Perak Avithin seven miles
from the boundary of Province Wellesley or of the terri-
tory of the Bindings in like manner as he might have
arrested such person in the Colony and to bring him
before a Magistrate having jurisdiction in the Colony to
be dealt \\\\\\ according to law ;

(6) That it shall be la\\-ful for any police officer of the Colony
to execute without endorsement within the State of
Negri Sembilan the lawful warrant of any Magistrate of
the Colon}^ for the apprehension of any person accused
or convicted of a criminal offence committed or for the
recovery of any goods alleged to have been stolen within
the Settlement of Malacca in like manner as such
warrant might be executed within the Colony ; provided
that such warrant be executed within one week from
the issue thereof. And that it shall be lawful for any
such police officer upon fresh pursuit to arrest without
warrant anj' person so accused or convicted as aforesaid
at any place within the State of Negri Sembilan within
seven miles from the boundary of the Settlement of Malacca
in like manner as he might have arrested such person in
the Colony and to bring him before a Magistrate having
jurisdiction in the Colon}' to be dealt with according to
law ;

(c) That when a person is accused of an offence committed in
the Colony on or within the distance of five hundred
yards from the boundary between the Colony and any
of the Federated Malay States such person may be appre-
hended, tried, and punished in such State ;

512

No. 19 OF 1913.

Place where
offence is to
be deemed to
have been
committed.

(d) That when a person is accused of an offence alleged to have
been committed in the Colony on an}' person or in respect
of any property in or upon any carriage, cart, vehicle, or
vessel employed on a journey between the Colony and
any of the Federated Malay States such person may be
apprehended, tried, and punished in such State.

8. Where Section 7 provides for the place of trial of a person
accused of an offence, that offence shall for all purposes of and
incidental to the apprehension, trial, and punishment of such person
and of and incidental to any proceedings and matters preliminary
or incidental thereto or consequential thereon and of and incidental
to the jurisdiction of any Court or police or other officer with
reference to such offence and to any person accused of such offence
be deemed to have been committed in any place in which the person
accused of the offence can be tried for it.

Schedule.
ENACTMENTS REPEALED.

State.

Xo. and

Short title.

Extent of

year.

repeal.

Perak

2 of 1896

Colonial Police Force

The whole

Selangor . .

4 of 1896

Do.

))

N. Sembilan

1 of 1896

Do.

Perak

29 of 1904

The Straits Settlements

Sections

Offenders Enactment, 1904

14 and 15

N. Sembilan

27 of 1904

Do.

ENACTMENT NO. 20 OF 1913.
An Enactment to amend the Law relating to Societies.

Arthur Yofng, [23rd December, 1913.

President of the Federal Council. 13th February, 1914.]

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

1. (i) This Enactment maj^ be cited as "The Societies Enact- short title,
ment, 1913," and shall come into force upon the publication thereof and?epe=fi?^^°*'
in the Gazette.

(ii) The Enactments mentioned in the schedule are hereby
repealed ; provided that anj^ society which immediateh' prior to the
commencement of this Enactment is duly registered or exempted
from registration under any Enactment hereby repealed shall, so
far as maj' be consistent with such registration or exemption and
subject to the limitations, if any, thereof, be deemed to have been
registered under this Enactment or exempted from registration by
an order of exemption made under this Enactment, as the case
may be.

2. In this Enactment and in rules thereunder —

" Society " includes any club, company, partnership, or associa- interpretation.
tion of ten or more persons, whatever be its nature or object, and
every branch of such club, company, partnership, or association,
except the following :

{a) any company, association, or partnership registered under
the law for the time being relating to companies or formed
and maintained for the sole purpose of carrying on any
lawful business ;
{h) any company or association constituted under any Enact-
ment or under Royal Charter or Letters Patent of His
Britannic Majesty or under any Act of the Imperial
Parliament of the United Kingdom of Great Britain and
Ireland or of the Legislature of any British Possession ;
(c) any body of Freemasons regularly constituted under any of
the recognized governing bodies of Freemasons in the
United Kingdom of Great Britain and Ireland ;
"Registered Society" means any society for the time being
registered in any State under this Enactment ; provided that where
such registration is operative only within a particular area or
particular areas of a State the society so registered shall not, except
with reference to such particular area or areas, be deemed to be a
registered society ;

11—33 513

514

No. 20 or 1913.

Appointment of
oflicers.

Orders for
registration am
for exemption
from registra-
tion.

" Exempted Society " means any society for the time being
exempted from registration in an}' State by an order of exemption
made under this Enactment ; provided that where such exemption
is operative only Avithin a particular area or particular areas of a
State the society so exempted shall not. except with reference to
such particular area or areas, be deemed to be an exempted society ;

" Registrar " means the officer appointed as Registrar of Societies
under this Enactment and includes any Deputy Registrar of
Societies and in Sections 19, 20, 21, and 22 any Assistant Registrar
of Societies appointed under this Enactment ;

" Chief Secretary " means the Chief Secretary to Government,
Federated Malay States ;

" Magistrate " means a Magistrate of the First Class ;

" State " means the State in which any power conferred, duty
imposed, or act authorized or prohibited to be done by the section
in which the word occurs is or is to be exercised, performed, done
or not done, as the case may be, and " the Resident " means the
Resident of such State.

3. (i) The Chief Secretary may by notification in the Gazette
appoint by name or office an officer to be styled the Registrar of
Societies and officers to be styled Deputy Registrars of Societies
and Assistant Registrars of Societies.

(ii) The powers of the Registrar of Societies shall extend through-
out the Federated Malay States ; the powers of Deputy Registrars
and Assistant Registrars of Societies shall, in respect of the area
within which they are to be exerciseable, be subject to such
limitations (if any) as may be specified in that behalf by the Chief
Secretary by notification in the Gazette.

4. (i) In any State the Resident may order that any society be
exempted from registration under this Enactment.

(ii) In any State the Resident may order that any exempted
society be permitted to be registered under this Enactment and
thereupon such society shall cease to be an exempted society.

(iii) In any State the Resident upon application for registration
or exemption by any society may order that such society be per-
mitted to be registered under this Enactment or, subject to the
provisions of sub-section (v), may refuse to permit that such society
be registered.

(iv) The effect of orders made under any of the preceding sub-
sections may by the terms thereof be restricted to a particular area
or particular areas of the State.

(v) The Resident shall not refuse permission to any society to be
registered under this Enactment unless he shall be of opinion that
such society is likely to be used for unlawful j)urposes or for purposes
prejudicial to the peace, good order, or welfare of the State or of
any other of the Federated Malay States.

(vi) Every order of exemption from registration and every
registration effected in compliance with any order permitting
registration shall be notified in the Gazette and shall state the State

SOCIETIES. 515

or other area to which it applies and shall only have effect within
such State or area ; provided that no such order or registration
shall have effect or be notified in the Gazette until after due payment
of the fee, if any, prescribed in respect thereof.

5. If the Registrar shall have reason to believe that any registered Cessation of
or exempted society has ceased to exist in a State wherein the same lodety^ °^ *
was registered or exempted from registration, as the case may be,

he may publish in the Gazette a notification calling upon such
society to furnish to him within three months from the date of
such notification proof of its existence within such State, and if at
the expiration of such three months the Resident is satisfied that
the society has ceased to exist in the State a notification to that
effect shall be published in the Gazette and the society shall be
deemed to have ceased to exist in the State from the date of such
publication.

6. (i) The Registrar may at any time order any exempted society orders to ex-
to furnish to him in writing emptedsocietiea

'-' to lurnisli

(a) a true and complete copy of the constitution and rules of '"^"^^tion.
the society in force at the date of such order ;

(6) a true and complete list of the officers of the society and a
true statement of the number of its members.

(ii) In any State the Resident may at any time order any
exempted society to furnish to the Registrar such information
concerning the society as the Resident may think fit to require.

7. The Registrar shall from time to time order every registered orders to
society to furnish to him in writing such information as may be societirJ
prescribed b}^ rule under Section 26 and may at any time order any furnish
registered society to furnish to him such information and to produce ^" °'''^^*'°'i-
for his inspection such documents as he may be authorized by rule

under Section 26 to require.

8. (i) The president and secretary and all menibers of committee, obii-ation on
or if such offices do not exist then all persons holding positions "^feT^^t
analogous to those of president, secretary, and member of committee, comply Vith
and all persons managing or assisting in the management of any °'^*^""
society in respect of which any order shall have been made under

the provisions of Section 6 or Section 7 shall be personally bound
to cause such order to be duly complied with.

(ii) In case any society shall fail to comply with any order under Penalty.
the provisions of Section 6 or Section 7 every such person as is in
sub-section (i) referred to shall be liable on conviction to a fine not
exceeding fifty dollars.

9. Every society which with reference to any State or any unlawful
particular area of a State is not a registered society or an exempted ^°'^^^^^-
society shall with reference to such State or area, as the case may

be, be deemed to be an unlawful society.

10. Any person managing or assisting in the management of an Penalty for
unlawful society shall be liable on conviction to imprisonment of ™uaw?firf
either description for a period not exceeding three years. society.

516

No. 20 OF 1913.

Penalty for
participation in
unlawful
society.

Penalty for
allowing use of
premises for
meetinij of un-
lawful society.

Collections of
subscriptions
from Chinese for
societies.

Penalty.

Presumption
that association
is a society.

Presumptions
as to member-
ship and
management of
society.

Triad Societies.

Penalty.

11. Any person being or acting as a member of an unlawful
society or attending a meeting of an unlawful society shall be liable
on conviction to a fine not exceeding five hundred dollars or to
imprisonment of either description for a period not exceeding
twelve months or to both.

12. Any person knowingly allowing a meeting of an unlawful
society or of members of an unlawful society to be held in any
house, building, or place belonging to or occupied by him or over
which he has control shall be liable on conviction to a fine not
exceeding five hundred dollars or to imprisonment of either de-
scription for a period not exceeding twelve months or to both.

13. (i) A member of a registered society or exempted society
may in any area within which the registration or exemption of such
society is operative collect on behalf of such society subscriptions
from and circulate on behalf of such society subscription-lists among
persons of Chinese race ; but, except as aforesaid, no person shall
without the written sanction of the Registrar collect subscriptions
from or circulate subscription-lists among persons of Chinese race
on behalf of any society, whether existing within or without the
Federated Malay States or with a view to the formation of a society
either within or without the said States.

(ii) Any person who shall contravene the provisions of sub-
section (i) by collecting subscriptions or circulating subscription-lists
on behalf of an unlawful society shall be liable on conviction to a
fine not exceeding five hundred dollars or to imjirisonment of either
description for a period not exceeding six months or to both ; and
any person who shall in any other case contravene the provisions
of this section shall be liable on conviction to a fine not exceeding
one hundred dollars.

14. If in any prosecution for an offence against the provisions of
this Enactment it shall be proved that a club, company, partnership,
or association exists and is neither a registered nor an exempted
society, it shall be presumed until the contrary be proved that the
club, company, partnership, or association is a society within the
meaning of this Enactment.

15. (i) When any books, accounts, writings, seals, banners, or
insignia of or relating to any society are found in the possession of
any person, it shall be presumed, until the contrary be proved, that
such person is a member of such society.

(ii) When any books, accounts, lists of members, or seals of or
relating to any society are found in the possession of any person, it
shall be further presumed until the contrary be proved that such
person assists in the management of such society.

16. (i) Every society, whether it be exempted or registered or
not, which uses a Triad ritual shall be deemed to be an unlawful
society.

(ii) Any person found in possession of or having the custody or
control of any books, accounts, writings, seals, banners, or insignia
of or relating to any Triad Society or branch of a Triad Society,

SOCIETIES. 517

whether such society or branch be established in the Federated
Malay States or not, shall be liable on conviction to a fine not
exceeding five hundred dollars or to imprisonment of either de-
scription for a period not exceeding six months or to both.

17. (i) Whenever it may appear to the Resident of any State that Power to order
any registered society or any exempted society is being used for society!'"" °^
unlawful purposes or for purposes prejudicial to the peace, good

order, or welfare of such State or of any other of the Federated
Malay States or at variance with the objects or rules of the society
as entered in the Register of Societies, he may, with the approval
of the Chief Secretary, order that such society be dissolved.

(ii) Every such order shall be published in the Gazette and a copy
thereof shall be affixed in a conspicuous manner on any building
occupied by such society and at the Chief Police Station of the
district in which such building may be.

(iii) Every society against which an order of dissolution is made
shall thenceforward be deemed to be an unlawful society.

18. (i) Upon the making of an order of dissolution by. the Resi- Consequences of
dent of any State against any society the following consequences tion.'^° dissou-
shall ensue :

(a) The property of the society within the State shall forthwith
vest either in the Official Assignee in Bankruptcy or if any
other officer be, by the terms of the order of dissolution,
appointed by the Resident for the purpose of winding up
the affairs of the society then in such officer ;

{h) The Official Assignee in Bankruptcy or such other officer
as aforesaid shall proceed to wind up the affairs of the
society, and, after satisfying and providing for all debts
and liabilities of the society and the costs of the winding
up, shall divide the surplus assets (if any) of the society
amongst the members of the society according to the rules
of such societj' (if any) or, if there are no such rules ap-
plicable to such case, then equally ; but, if by reason of
the great number of members or the difficult}^ of ascer-
taining the persons entitled to such assets or from any other
cause such a division as aforesaid is in the opinion of the
Official Assignee in Bankruptcy or such other officer as
aforesaid impracticable, such Assignee or officer, as the
case may be, shall prej^are and submit to a Judicial Com-
missioner for his approval a scheme for the application
of such surplus assets to purposes likely to benefit that
jjortion of the public to which the members of the society
more particularly belonged or the public generally ;

by the Judicial Commissioner in such a way as he shall
think proper under the circumstances of the case ;

[d) The approval of the Judicial Commissioner to such scheme

or amended scheme shall be denoted by the endorsement
thereon of a memorandum of such approval signed by
the Judicial Commissioner and by the same being sealed

518

No. 20 OF 1913.

Power to enter
meeting-places
or business-
places of regis-
tered society.

Power to enter
and search
meeting-places
or business-
places of
dangerous or
perverted
registered
society.

Power to enter
mid search
meeting-places
or dep6ts of
unlawful
society and to
make arrests
and sciiures.

with the seal of the Supreme Court, and upon this being
done the surplus assets the subject of such scheme shall
be held and applied by the Official Assignee in Bankruptcy
or such other officer as aforesaid upon the terms and to the
purposes thereby j)rescribed ;

(e) For the purpose of the winding up the Official Assignee in
Bankruj^tcy or such other officer as aforesaid shall have
all the powers which are vested in the Official Assignee
by " The Bankruptcy Enactment, 1912," for the purpose
of the discovery of the property of a debtor and the
realization thereof, and also all such powers as are by
the law relating to Companies vested in an Official Liqui-
dator ; and all the provisions of the said Bankruptcy
Enactment and of such law, so far as they relate to the
discovery and realization of the projoerty of a debtor
and to the winding up of a company, shall mutatis mutandis
apply to the winding up of the affairs of a society under
this Enactment.

(ii) The Resident may for the purpose of enabling a society
to wind up its own affairs suspend the operation of this section
to such extent and for such period as he may think expedient.

19. It shall be lawful for the Registrar or a Magistrate at any time
to enter into any place which he has reason to believe is kept or
used by any registered society or any of its members as a place of
meeting or place of business.

20. It shall be lawful for the Registrar or a Magistrate who has
reason to believe that any registered society is being used for
purposes prejudicial to the peace, good order, or welfare of the
Federated Malay States or of any of them or at variance with the
rules or objects of such society as entered in the Register of Societies
to enter, with or without assistance and using force for that pur-
pose if necessary, into any place which he has reason to believe is
used as the place of meeting or place of business of such society
and to search such place and any person found therein or escaping
therefrom for evidence that such society is being used for such
purposes as aforesaid.

21. (i) It shall be lawful for the Registrar or a Magistrate or a
Police Officer not below the rank of Insi^ector to enter, with or
without assistance and using force if necessary, into any dwelling-
house or other building or into any place in which he may have
reasonable ground to believe that a meeting of an unlawful society
or of persons who are members of an unlawful society is being
held or that any books, accounts, writings, banners, or insignia
belonging to an unlawful society are concealed or kept or deposited
and to arrest or cause to be arrested all persons found in or escaping
from such hous(vbuilding, or place and to search such house, building,
or place and seize or cause to be seized all books, accounts, writings,
banners, documents, flags, insignia, arms, and other articles which
he may have reasonable cause to believe to belong to any unlawful
society or to be in any way connected therewith.

SOCIETIES.

519

(ii) All persons so arrested and all articles so seized may be
detained in custody till they can be brought in due course before
a, Magistrate to be dealt with according to law.

22. (i) The Registrar may summon before him any person whom Power of
he has reason to believe to be able to give any information as to fummon"^'"
the existence or operations of anj^ unlawful society or of any club, witnesses;
company, partnership, or association suspected of being an unlawful and finge? ^
society or as to the oijerations of any registered society or exempted impressions.
society, and the person so summoned shall be legally bound to

attend at the hour and place in the summons specified and to pro-
duce all documents in his custody, possession, or power relating to
such society, club, company, partnership, or association and to
answer truthfully all questions which the Registrar may put to him .

(ii) The Registrar shall be deemed to be a public servant within
the meaning of the Penal Code and may administer oaths or affir-
mations to and examine on oath or affirmation any person
summoned before him under the provisions of this Enactment.

(iii) If any person summoned by the Registrar under this section
shall fail to comply with any obligation imposed upon him by
sub-section (i) or shall give information which the Registrar believes
to be false, the Registrar may, if he considers it advisable to provide
for the future identification of such person, order that a photograph
•and impressions of the finger-prints of such person be taken at
such time and in such place and manner as the Registrar may think
fit, and if such person shall fail to comply with or shall obstruct
the execution of any such order he shall be liable on conviction to penalty.
a fine not exceeding one hundred dollars.

23. (i) Except in the case of persons arrested under the pro- Prosecutions.
visions of Section 21, no person shall be charged with an offence

under this Enactment or under any rule made thereunder except
on the complaint of the Registrar.

(ii) All prosecutions under this Enactment shall be conducted
by the Registrar or by some person authorized in writing by him to
appear on his behalf.

24. All books, accounts, writings, banners, insignia, and other Forfeiture.
property belonging to any unlawful society shall be forfeited and
handed over to the Registrar.

Service of
documents.

25. All processes, notices, and other documents issued under this
Enactment or under any rule made thereunder shall be deemed to
have been validly and effectually served if served on or left with the
person intended to be served or, in case he cannot be found, if
left at his last known place of business or abode by any person
authorized in that behalf by tlie Registrar.

26. (i) The Chief Secretary may from time to time make rules for Rules.
the purposes following or any of them :

(a) to prescribe the manner of registering societies under this
Enactment ;

520 No. 20 or 1913.

(6) to regulate or restrict changes of the place of business or
place of meeting or of the registered rules or objects of
registered societies ;

the powers conferred by this Enactment sljall be exer-
cised by the persons on whom such powers are conferred ;

(d) to prescribe the fees which may be charged and taken on

proceedings under this Enactment ;

(e) to prescribe the forms which may be used for carrying out

the provisions of this Enactment ;

(/) generally for carrying into effect the provisions of this

Enactment in relation to any matters, whether similar or

not to those above mentioned, as to which it may be

expedient to make rules.

(ii) The Chief Secretary may in making a rule under this section

prescribe for breach thereof a fine not exceeding fifty dollars and for

a continuing breach thereof a fine not exceeding ten dollars for every

day after the first day during which the breach continues.

(iii) All rules made under this section shall be published in the
Gazette and shall thereupon have the force of law.

Provisions 27. Evcry registered society and every exempted society shall

registered and bc entitled to the benefit of the following provisions — that is to say :
socieues. (a) The movable projierty of such society, if not vested in

trustees, shall be deemed to be vested for the time being
in the governing body of such society and in all proceed-
ings civil and criminal may be described as the property
of the governing body of such society by their proper
title ;
(6) Every such society may sue or be sued in the name of such
one of its members as shall be declared to and registered
by the Registrar as the public officer of the society for
this purpose, and, if no such person shall be registered,
it shall be competent for anj^ person having a claim or
demand against the society to sue the society in the name
of any person registered as an officer of the society ;

discontinue by reason of the person by or against whom
such suit or proceeding shall have been brought or
continued dying or ceasing to fill the character in the
name whereof he shall have sued or been sued, but the
same suit or proceeding shall be continued in the name
of or against the successor of such person ;

(d) No judgment in any suit shall be put in force against the

person or property of the person sued but against the
property of the society. The application for execution
shall set forth the judgment, the fact of the partj^ against
whom it shall have been recovered having sued or having
been sued, as the case may be, on behalf of the society
only and shall require to have the judgment enforced
against the property of the society ;

SOCIETIES.

521

(e) Any member who may be in arrear of a subscription which,
according to the rules of the society, he is bound to pa}'
or who owes money to the society or who shall possess
himself of or detain any property of the society in a
manner or for a time contrary to such rules or shall injure
or destroy any property of the society may be sued for
such arrear or for the damage accruing from such de-
tention, injury, or destruction of property in the manner
hereinbefore provided. But, if the defendant shall be
successful in any suit or other proceedings brought against
him at the instance of the society and shall be adjudged
to recover his costs, he may elect to proceed to recover
the same from the officer in whose name the suit shall be
brought or from the society and in the latter case shall
have process against the property of the said society in
the manner above described ;
(/) Any member of the society who shall commit theft of or
dishonestly misappropriate or convert to his own use
any money or other property or wdlfulty and maliciously
destroy or injure any property of such society or shall
forge any deed, bond, security for money, receipt, or
other instrument whereby the funds of the society may
be exposed to loss shall be subject to the same prosecu-
tion and if convicted shall be liable to be punished in like
manner as any person not a member would be subject
and liable in respect of the like offence ;

(g) Any number not less than three-fifths of the members for
the time being resident in a State of any society may
determine that it shall as within such State be dissolved
forthwith, or at a time agreed upon, and all necessary
steps shall be taken for the disposal and, settlement of
the property of the society, its claims and liabilities
according to the rules of the said society applicable thereto
(if any) and if not then as the governing body shall find
expedient ; provided that in the event of any dispute
arising among the said governing body or the members of
the society such dispute may be decided by the Registrar.
Any person aggrieved bj^ any decision of the Registrar
under this sub-section maj^ appeal to a Judicial Commis-
sioner ; i^rovided that such appeal shall be brought within
thirty days from the date of the decision appealed against.

Schedule.
ENACTMENTS REPEALED.

State.

No. and year.

Short title.

Perak
Selangor
Negri Sembilan
Pahang

9 of 1900

12 of 1900

3 of 1901

The Societies Enactment, 1900

Do.

Do.
The Societies Enactment, 1901

ENACTMENT NO. 21 OF 1913.

As amended by Fed. E. 25 of 1917. 23 of 1918 and 11 of 1919.

An Enactment to repeal and re-enact with amendments
the Legal Tender Enactments, 1907.

Arthur Young,

President of the Federal Council.

[23rd December, 1913.
30th December, 1913.]

Short title aad
commence-
ment.

Repeal.

Standard coin.

Lesal tender.

It is hereby enacted by the Rulers of the Federated Malay States
ill Council as follows : —

1. (i) This Enactment may be cited as " The Legal Tender
Enactment, 1913," and shall come into force upon the publication
thereof in the Gazette.

(ii) Upon the coming into force of this Enactment the Enact-
ments specified in the first schedule shall be repealed.

2. (i) The Straits Settlements silver dollar, coined in pursuance
of the Straits Settlements (Coinage) Order, 1907, of the standard
weight and millesimal fineness specified in the second schedule
shall be the standard coin of the Federated Malay States.

(ii) Every contract, sale, payment, bill, note, instrument and
security for money, and every transaction, dealing, matter and thing
whatever relating to money or involving the payment of or the
liability to pay any money, shall, in the absence of express agreement
to the contrary, be held to be made, executed, entered into, done
and had in the Federated Malay States according to the standard
coin of the Federated Malay States.

3. (i) A tender of payment of money in the Federated Malay
States, if made in the standard coin or in any coin specified in the
third schedule, shall, if the coins have not been illegally dealt with
and if of silver have not become diminished in weight bj^ wear or
otherwise so as to be'of less weight than the weight in that behalf
specified in the schedule as the least current weight, be a legal tender

[a) in the case of dollars or fifty cent pieces for the payment of

any amount ;
{b) in the case of the other silver coins for the payment of an
amount not exceeding two dollars, but for no greater
amount ;
(c) in the case of coins of copper or mixed metal for the payment
of an amount not exceeding one dollar, but for no greater
amount.
(ii) Every such coin shall be a legal tender only for the amount
of its denomination.

522

LEGAL TENDER.

523

(iii) A tender of payment of money in the Federated Malay States
if made in gold sovereigns, coined at the Royal Mint in England or at
any mint established as a branch of that mint, shall be legal tender
for the payment of any amount at the rate of seven sovereigns for
sixty dollars, provided that such sovereigns shall not have been
illegally dealt with or shall not have been diminished by wear or
otherwise so as to be of less weight than the weight specified in the
fourth schedule.

(iv) For the purpose of this Enactment a coin shall be deemed to
have been illegally dealt with where the coin has been impaired,
diminished, or lightened otherwise than by fair wear and tear, or has
been defaced by having any name, word, device, or number stamped
or engraved thereon, whether the coin has or has not been thereby
diminished or lightened.

4. (i) The currency notes issued from time to time by the Govern- Carreacy notes.
ment of the Straits Settlements shall be treated as equal to such an

amount or aliquot part of the standard coin as is expressed therein, e. 25 of 1917.
(ii) A tender of payment of money in the Federated Malay States, e. 25 of lan
if made in the above-mentioned currency notes, shall be a legal tender
(a) in the case of notes of the denomination of five cents, ten cents,
and twenty-five cents, for the payment of amounts not exceeding
two dollars ;
(6) in the case of notes of other denominations, for the payment of
any amount.
(iii) Every such currency note shall be a legal tender only for the
amount of its denomination.

5. It shall not be lawful for any bank to make or issue within the Prohibition^
Federated Malay States bank notes payable to bearer on demand, notes.*

First Schedule.
ENACTMENTS REPEALED.

State.

No. and year.

Short title.

Perak ..

Selangor

Negri Sembilan

Pahancr

7 of 1907

8 of 1907
11 of 1907

8 of 1907

The Legal Tender Enactment, 1907
Do.
Do.
Do.

Second Schedule.
STANDARD COIN.

Coin.

Metal.

Millesimal
fineness.

Standard weight.

Least current
weight.

i
Grains. Grms.

Grains.

Grms.

Straits Settle-
ments dollar

Silver

900

31200 20-217

308-00

19-958

524

No. 21 OF 1913.

c/)

1— <

',->

t/2

l-l

l-H

C/2

.§5

CO o ^

SXD
W

■-C CI

!5 cE

t- cS *

2-0 .Si

o p.

O CO

a §

c6 1=3

Cl 00 Ci o

t-- lO t^ Ci

O r- 1 lO C^

Ci O (N r-H

O O 00 o

TtH O o o
O t- CO f— I

00 O lO t^ <M

C~ CO r-^ lO CO

r-H T^ t- CO GO

O O C<) r^ O

»0 CO

O CO

o CO

O 00 O Ci

O CO ^^ o o
in 00 TjH (M c:

o o
o o

tr- CO

o o o o

o o o

01 "^ "^ "*

IE (B — •

Is I

PhC

-M

9^ Ph

§.2

y^ 4^ •+J

O) .jii

Png

w -^ w lO <M

o o o o >— ^ o o
lO C^ I— I o o o o

LEGAL TENDER.

525

Fourth Schedule.
GOLD SOVEREIGN.

Coin.

Mptal

Millesimal

Standard weight.

Least current
weight.

fineness.

Grains.

Grammes.

Grains.

Grammes.

Sovereign . . Gold 916-G ! 123-274

7-988 ' 122-500

7-93787

ENACTMENT NO. 22 OF 1913.

An Enactment to provide for Protection against Dangers
arising from the Navigation of Aircraft.

Arthur Young,

President of the Federal Council.

[23rd December, 1913.
30th December, 1913.]

Short title and
commence-
ment.

Power to restrict
navigation
of aircraft ; and
to prescribe
conditions for
aircraft coming
from outside
the Federated
Malay States.

Contravention
•of order.

renaltj-.

Power to

compel

compliance

when aircraft

disobeys

sigoals.

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

1. This Enactment may be cited as " The Aerial Navigation
Enactment. 1913," and shall come into force on the publication,
thereof in the Gazette.

2. (i) The Chief Secretary to Government may, for the purpose
of protecting the public from danger or for purposes of the defence
or safety of the Federated Malay States, from time to time by order
published in the Gazette

{a) prohibit the navigation of aircraft over such areas as may

be prescribed in the order ; or '

(b) prescribe the areas within which aircraft coming from any

place outside the Federated Malay States are to land and

the other conditions to be complied with by such aircraft.

(ii) When an order is made under this section for purposes of the

defence or safety of the Federated Malay States, the area prescribed

may include the Avhole or any part of the coast line of the Federated

Malay States and the territorial waters adjacent thereto.

(iii) Any order published under this section may apply either
generally to all aircraft or to aircraft of such classes and descriptions
only as may be specified in the order and may prohibit the navigation
of aircraft over any such prescribed area either at all times or at
such times or on such occasions only as may be specified in the order
and either absolutely or subject to such exceptions or conditions as
may be so specified.

3. If any person contravenes the provisions of any order published
under Section 2, he shall be guilty of an offence under this Enactment,
unless he proves that he was compelled to do so by reason of stress
of weather or other circumstances over which he had no control.

4. Any person guilty of an offence under this Enactment shall be
liable on conviction to simple imprisonment for a term not exceeding
six months or to fine not exceeding two thousand dollars or to both.

5. If an aircraft flies or attempts to fly over any area prescribed
under this Enactment for purposes of the defence or safety of the
Federated Malay States or, in the case of an aircraft coming from
any place outside the Federated Malay States, fails to comply with

626

AIRCRAFT. 527

any of the conditions as to landing prescribed by an order under
Section 2, it shall be lawful for any officer designated for the purpose
by rules made under this Enactment by the Chief Secretary to
Government to cause such signal as may be prescribed by those
rules to be given, and, if after such signal has been given the aircraft
fails to respond to the signal by complying with such rules as may
be made under this Enactment by the Chief Secretary to Government
prescribing the action to be taken on such a signal being given, it
shall be lawful for the officer to fire at or into such aircraft and to
use any and every other means necessary to compel compliance, and
every and any such officer and every other person acting in his aid
and by his direction shall be and is hereby indemnified and dis-
charged from any prosecution, penalty, action, or other proceeding
for so doing.

Short title,
commencemeut ,
and repeal.

Interpretation.

ENACTMENT NO. 23 OF 1913.

As amended by Fed. E. 14 of 1920.

An Enactment to provide for the regulation and control
of Electrical Installations and of the generation,
supply, and use of Electrical Energy.

Arthur Young,

President of the Federal Council.

[23rd December, 1913.
1st March, 1914.]

It is hereby enacted by the Rulers of the Federated Malay States in
Council as follows : —

1. (i) This Enactment may be cited as " The Electricity Enact-
ment, 1913," and shall come into force upon the 1st day of March,
1914.

(ii) Upon the coming into force of this Enactment the Enactment
specified in the schedule shall be repealed ; provided that all rules
made and licenses granted under the Enactment hereby repealed
which were in force immediately prior to the commencement of this
Enactment shall, so far as may be consistent %\dtli the provisions of
this Enactment, be deemed to have been made and granted under
this Enactment.

2. In this Enactment and in any rules made thereunder the
following terms shall, unless the context otherwise requires, have the
respective meanings hereby assigned to them :

" Apparatus " means electrical apparatus and includes all appa-
ratus, machines, consuming devices and fittings in which conductors
are used or of which they form a part ;

■' Area of supply " means the area outside which a licensee is not
authorized by his license to supply energy ;

"Chief Inspector" and "Inspector" mean, respectively, the
Chief Electrical Inspector and an Electrical Inspector appointed
under Section 3 ;

"Chief Secretary" means the Chief Secretary to Government,
Federated Malay States ;

" Conductor " means an electrical conductor arranged to be
electrically connected to a system ;

" Consumer " means a person who is supplied with energy or
whose premises are for the time being connected for the purposes of
a supply of energy with any system ;

" Danger " means danger to health or to human life or limb from
shock, burn, or other injury resulting from the generation, transfoma-
tion, distribution, or use of energy and includes danger to property
from fire resulting as aforesaid ;

528 .

ELECTEICITY. 529

" Director " means the Director of Public Works, Federated
Malay States ;

" Dishonestly " has the meaning assigned thereto in the Penal
€ode ;

" Electric supply line " means a Avire or conductor or other
means for conveying, transmitting, or distributing energy,*together
Avith any casing, coating, covering, tube, pipe, or insulator enclosing,
surrounding, or supporting the same or any part thereof, or any
apparatus connected therewith for the purpose of conveying,
transmitting, or distributing energy :

" Energy " means electrical energy when generated, transmitted,
supplied, or used for any purpose except the transmission of a
message ;

"Generator" means a dynamo of any type for the generation
of energy ;

" Government " means the Government of the Federated Malay
States and includes the Government of any of the said States ;

" Government installation " means an installation the property
of or operated by the Government ;

"Grievous hurt" and "Hurt" have the meanings assigned
thereto respectively in the Penal Code ;

" Installation " means the whole of any electrical plant, appa-
ratus or works, including the means of transmission, the original
source of power or prime mover and its auxiliaries and all buildings
appurtenant thereto ;

" Insulated " means covered or protected by insulating material.

" Insulating." used as an epithet to characterize any substance ;
means of such size, quality, and construction, according to the
circumstances, as to afford to persons adequate protection from
danger to health, life, or limb ;

" License " means a license issued under this Enactment autho-
rizing the licensee to operate or work an installation ;

" Licensee " means a person authorized by license to work or
operate an installation ;

" Live " means electrically charged ;

" Management " means the person or persons duly certified to
possess the prescribed qualifications who is or are placed in control
of an installation by the licensee ;

" Main " means an electric supply line through which energy is
or is intended to be supplied ;

" Motor " means a motor of any type for the transformation of
electrical energy into mechanical energy ;

" Pressure " means the difference of electrical potential between
any two conductors or between a conductor and the earth, as read
by a standard-volt meter ;

" Prime mover " means a machine supplying power to a generator
for the purpose of generating energy ;

11—34

530 No. 23 OF 1913.

" Private safety" means the obviation of danger to individuals
or to private property ;

" Public installation " means an installation, operated or con-
trolled by a licensee, for the supply of energy to the Government,
the public, or to any person other than the licensee ;

■■ Public lamp " means an electric lamp used for the lighting
of any street, wharf, dock, or other public place ;

" Public safety " means the obviation of danger to the general
public, to public property, and to roads, streets, railways, canals,
docks, Avharves, piers, bridges, gas-works, waterworks and their
appurtenances, and telegraphic, telephonic, and other electrical
signalling lines owned or operated by the Government ;

" Resident " means with reference to any land or property or any
right or duty connected therewith or matter incidental thereto the
Resident of the State wherein such land or property is located ;

" Senior Warden " means the Senior Warden of Mines duly
appointed under the Mining Enactments, 1904 ;

" State land " has the meaning assigned thereto in " The Land
Enactment, 1911 " ;

" Street " includes any way, road, lane, square, court, alley,
passage, or open space, whether a thoroughfare or not, over which
the public have a right of way and also the roadway and footM^ay
over any public bridge ;

" System " means an electrical system in which all the conductors-
and apparatus are electrically connected to a common source of
electro-motive force ;

" Transformation " includes the transformation of pressure up
or down and the conversion of alternating to direct current or
vice versa by static, rotary, or electro-chemical means.

Appointmmt of 3, (i) The Chief Secretary may by notification in the Gazette
appoint so many Electrical Inspectors as he may think expedient to
inspect installations and electrical plant, apparatus, and works and
to perform such other duties as may be prescribed, and may in like
manner appoint a Chief Electrical Inspector to supervise the methods
and details of such inspection and of such duties as aforesaid and
to perform such other duties as may be prescribed,

(ii) The carrjdng out of the said inspections and the performance
of the said duties shall be under the administrative control of the
Senior Warden.

(iii) The Senior Warden and the Chief Inspector shall have and
may exercise all powers vested by this Enactment or by any rules
thereunder in an Inspector.

requirc^Hor uac ^* (') Subjcct to sucli exceptions as maybe prescribed by rule
of installation ; uudcr Scction 33, uo pcrsou shall

terms, condi-
tions, and (^j use, work, or operate or permit to be used, worked, or operated

licenses. any installation ; or

(6) supply to or for the use of any other person energy from
any installation

ELECTRICITY.

531

except under and in accordance with the terms of a license expressly
authorizing such use or supply, as the case may be ; provided
that nothing in this sub-section shall prohibit any person from
suppljdng to consumers without license energy supplied to him
from a duly licensed installation.

(ii) Such licenses may be granted by the Resident in considera-
tion of such payments, if an}', as he may think fit ; provided that
no license shall be granted for any installation as a public installation
until the Chief Inspector has certified in writing that the installa-
tion to be licensed has passed the prescribed tests and satisfies in
all respects the requirements of this Enactment and the rules
thereunder.

(iii) No license shall be capable of being transferred unless the
consent of the Resident to the transfer be evidenced upon the license
by writing under the hand of the Resident.

(iv) Licenses shall be subject to such conditions as may be
prescribed by rule under Section 33 and to such further conditions,
if any, as may in each several case be imposed, in the exercise of
his discretion, by the Resident ; such last-mentioned conditions
shall be set out in the license.

(v) Licenses may be for such periods as the Resident may in
each several case approve ; provided that no license shall without
the express approval of the Chief Secretary be for a period exceeding
21 years.

(vi) The period of duration of every license shall be set out
therein, and in every license for a public installation there shall be
set out

(a) the area of supply ;

(6) the declared pressure and the variations permitted there-
from ;

(vii) There shall be payable on the issue of licenses such fees as
may be prescribed.

5. (i) A license may extend to authorizing the licensee to lay,
place, or carry on, under or over State land, to the extent and in the
manner specified in the license, such electric supply lines and to
erect and maintain in or upon State land such posts and other
apparatus as may in the oj^inion of the Resident be necessary or
proper for the purposes of the licensed installation and such autho-
rity may be given or added to at any time during the currency of
the license by endorsem3nt thereon under the hand of the Resident.

^ii) All apparatus placed in or upon State land which shall not
be removed therefrom within six months, or such longer period as
the Resident may permit, after the expiration or other determina-
tion of the license under the authority whereof the same was so
placed shall vest in and become the property of the Government.

6. (i) The Resident may in his discretion require that, before the security ;
issue of any license, such security as he may specify shall be an!uevo°ation
furnished for the due observance of the terms and conditions of ''* "cense.

Supply lines
.and other
apparatus on
State land.

532

No. 23 OF 1913.

Restriction
of use to
specified
purposes.

Agreement for
sale of

installation to
Government
on termination
ot license.

Power to enter
on land for
purposes of a
(lovernmcnt

installation,
and to lii
apparatus.

the license and of the provisions of this Enactment and the rules
thereunder.

(ii) A license may be at any time suspended or revoked by the
Resident on breach of any of the conditions thereof or in default of
payment of any moneys accrued due thereunder.

7. A licensee who is by the conditions of his license restricted to
using for specified purposes only the energy generated thereunder
shall not use such energy for any purpose other than those so
sjaecified.

8. (i) It may be made a condition of the grant of any license for
an installation as a public installation that the licensee shall agree
with the Government in writing that he will on the expiration or
other determination of the license sell to the Government on the
terms (if any) set out in the agreement the installation to which the
license refers.

(ii) Where such agreement as aforesaid has been entered into
and a license has been issued in pursuance thereof, then on the
expiration or other determination of such license the licensee shall,
except as may be expressly otherwise provided by the terms of the
said agreement, sell to the Government the installation to which the
license refers upon terms of payment by the Government to the
licensee of the then value of all lands, buildings, works, materials,
and plant of the licensee suitable to and used by him for the pur-
poses of the installation, such value to be in case of difference deter-
mined by reference thereof to two arbitrators, one to be appointed
by each party, and the arbitration shall have effect as though the
same were in pursuance of a submission within the meaning of
" The Arbitration Enactment, 1912." Provided that the value
of such lands, buildings, works, materials, and plant shall be deemed
to be their fair market value at the time of the purchase, due regard
being had to the nature and the condition of such buildings, works,
materials, and plant and to the state of repair thereof and to the
circumstance that they are in such a position as to be ready for
immediate working and to the suitability of the same to the purposes
of the installation, but without any addition in respect of com-
pulsory purchase or of good will or of any profits which may or might
have been or be made from the installation or of any similar con-
siderations. Any other questions Avhich may arise in relation to
such purchase may be determined by the Court of a Judicial Com-
missioner and such Court may fix the date from which such pur-
chase is to take effect, and from and after the date so fixed, or such
other date as may be agreed upon between the parties, all lands,
buildings, works, materials, and plant so purchased as aforesaid
shall vest in the Government freed from any debts or obligations
of the licensee.

9. (i) For the necessary purposes of installing, maintaining, and
repairing any system of distribution of energy supplied by the
Government the Director or any person authorized by him in that
behalf may at all reasonable times enter u})on any lands, whether
the same be or be not owned or occupied by any person, for the
purpose of carrying out and may carry out all necessary works

ELECTRICITY.

533

and repairs and may in the course thereof fell or lop trees, remove
vegetation, and do all other things necessary to the said purpose,
causing as little damage as possible and paying full compensation
to all persons interested for any damage that may be caused thereby.

(ii) For the necessary purposes of inspecting the installation,
fitting or removing meters or other instruments for measuring the
quantit}' of energy supplied to the premises, making or removing
connections between mains and private fittings, repairing damage
and for other proper cause the Director or any person authorized
by him in that behalf may at all reasonable times enter upon any
lands, houses, or buildings to which energy is to be or has been
supplied by the Government.

(iii) The Director or any person authorized by him in that behalf
may, with the approval of the Resident, cause such lamp-irons,
lamp-posts, insulating material, brackets, staj-s, rosettes, or other
apparatus to be put up or fixed upon or against the walls or palisades
of any houses, buildings, or enclosures or to be put up or erected in
such other place and manner as shall be deemed proper doing as
little damage as may be practicable and making sufficient amends
by way of repairs, restoration, or compensation to all persons in-
terested for such damage as may be done ; and may also cause
such number of lamps of such sizes and sorts to be put on and affixed
to such lamp-irons, lamp-posts, and brackets as shall be deemed
necessary and may cause the same to be lighted during such hours
as shall be deemed necessary.

9a. For the necessary purposes of installing any system of Power to enter
distribution of energy Hcensed under this Enactment, the licensee purjfoles^of a
may lay place or carry on, under or over land other than State land jiccnsed instai-
such electric suj^ply lines, and may erect in or upon land other than apparatus.
State land such jiosts and other apparatus as may be necessary or e. 14 of 1920.
proper for the jjurposes of the licensed installation and may take
such other action as may be necessary to render such installation
safe and efficient.

Provided that l^efore laying any such line or erecting such posts
and apparatus the licensee shall serve on the owner or occupier
of the land notice of his intention, together with a description of
the nature and position of the lines posts and apparatus proposed
to be so laid or erected, and of the nature of any other action pro-
posed to be taken ; and if within 21 days after the service of the
notice, the owner or occupier fail to give their consent or attach
to their consent any terms or conditions or stipulations to whicli
the licensee objects, it shall not be Ia^\'ful to lay the line or erect
the posts or apparatus on the land without the consent of the
Resident ; and the Resident may, if after giving all parties concerned
an opportunity of being heard he thinks it just, give his consent
either unconditionally or subject to such terms, conditions, and
stipulations as he thinks just.

9b. (i) When a line has ))een laid or posts or aj^paratus erected owner of
on any land under the provisions of Section 9 a and the owner or ^equh-e removal
occupier of the land desires to deal with the property in such a °y alteration of
manner as to render it necessary or convenient that the line posts utton!*^ "'^''^^"
or apparatus should be removed to another part thereof, or to a

534

No. 23 OF 1913.

Appeal.

Power to enter
on land to
maintain and
repair licensed
installation.

Reduction or
cessation o£
supply ;
liability.

Precautions in
execution ot
work ;

inspection o£
jirogress.

higher or lower level, or altered in form he may require the licensee
to remove or alter the line posts or apparatus accordingly.

(ii) If the licensee omits to compl}^ with the requisition, the
person making it may apply in writing to a Magistrate of the First
Class within whose jurisdiction the property is situate to order the
removal or alteration.

(iii) A Magistrate receiving an ai^jilication under the last preceding
sub-section may, in his discretion, reject the same or make an
order, absolutely or subject to conditions, for the removal or altera-
tion of the line posts or apparatus.

9c. (i) Any person aggrieved by any decision of the Resident
under Section 9a, or by an order of the Magistrate under sub-
section (iii) of Section 9b may appeal to the Court of a Judicial
Commissioner.

(ii) No appeal shall be admitted after the expiration of thirty
days from the date of the decision or order appealed against.

9d . For the necessary purposes of maintaining and repairing a
licensed installation the licensee or any person authorized by him
in that behalf may at all reasonable times on giving due notice
enter upon any lands, whether the same be or be not owned or
occupied by any person, for the purpose of carrying out and may
carry out all necessary repairs, and may in the course thereof fell
or loj3 trees, remove vegetation and do all other things necessary
to the said purpose, causing as little damage as j^ossible and paying
full compensation to all persons interested for any damage that may
be caused thereby.

10. (i) The Government and any licensee may, without incurring
any liability for so doing other than a liability to make a pro-
portionate abatement in the charges for the supply, reduce as it
or he may think fit the quantity of energy supplied to any premises
if by reason of any unforeseen circumstances it may appear that the
supply of energy generated is insufficient to enable the full quantity
to be conveniently supplied.

(ii) The Government shall not be liable for any damage to person
or property or for any cessation of the supply of energy which
may be due to unavoidable accident, fair wear and tear, or the reason-
able requirements of the system or to defects in any installation not
provided by the Government, but only when such damage or
cessation shall be shewn to have resulted from negligence on the
part of persons employed by the Government or from faulty
construction on the part of the Government.

(iii) A licensee shall not be liable for any cessation of the supply
of energy which may be due to unavoidable accident, fair wear and
tear, or the reasonable requirements of the system, but only when
such cessation shall be shewn to have resulted from negligence on
the part of the licensee, his agents or servants, or from faulty
construction.

11. (i) The execution of all work in connection with the genera-
tion or supply of energy which may affect any street, railway,
tramway, river, canal or other waterway or any system of irrigation
drainage or water supply or any telegraphs, telephones, harbour

ELECTfllCITY. 535

works or other public or private works, and the erection of any
apparatus crossing, whether overhead or underground, any such
way or work as aforesaid shall be carried out in the prescribed
manner and without prejudice to public safety or private safety.

(ii) When an installation is under construction, every Inspector
shall have free access for inspection at all reasonable hours of the
work in progress and all reasonable facilities for such inspection
shall be afforded by the jjersons controlling or carrying on the
\^'ork.

12. On the completion of a new installation the owner thereof inspection of
shall give notice in writing to the Chief Inspector, who will cause installation

,■ 1, ill •!. I on completion.

inspection and tests to be made Avithin the prescribed period and if
the installation satisfies the requirements of this Enactment and the
rules thereunder will certify accordingly in the prescribed form.

13. In addition to periodical inspections during construction and periodical
final inspections on completion, all installations while in operation o'JYnstaUations.
shall be inspected at least once in every six months and such further
inspections may be made as the Chief Inspector maj^ direct. The

licensee and management and persons in control of all installations
shall afford full facilities for inspection within reasonable working
hours.

14. Except as may be otherwise provided by any exemption under installations
Section 34, all installations which shall have been operated or whereof coSmenced"^
the construction shall have been completed or begun before the ^^"^iore

_ coiTiinGnc6niGnfc

commencement of this Enactment shall be subject to this Enactment of Enactment.
and the rules thereunder ; provided that in the case of anj^ installa-
tion which shall have been operated before the commencement of
this Enactment no penalty shall be imposed for breach of Section 4
or Section 15 until after the expiration of twelve months from the
commencement of this Enactment.

15. No installation or electrical plant or apparatus shall be competent
worked or operated except by or under the control of persons control,
possessing such qualifications and holding such certificates as may

be prescribed, and no person not possessing such qualifications or
holding such certificate shall work or operate any installation or
electrical plant or apparatus except under such control as aforesaid.

16. (i) If the Resident is satisfied that the working or operation Electrical
of any installation causes electrical interference with any telegraphic, '^"^fi^c/oTem-
telephonic, or other electrical signalling lines ouTied or operated by ment si-naiung
or on behalf of the Government, the Resident may at his discretion "^^^'

(a) in the case of a licensed installation by notice to the licensee

suspend the license, or

(b) in the case of an unlicensed installation prohibit by an order

the working or operation thereof ; and

until arrangements have been made to the satisfaction of the Resi-
dent for preventing the recurrence of such electrical interference as
aforesaid, and if in the case of a licensed installation no such arrange-
ments are so made then the Resident may revoke absolutely the
license for the said installation.

536

No. 23 or 1913.

Precautions
against
atmospheric
electricity.

Kestriction
on connection
with earth.

Protection of
Government
electrical
works.

Use of energy
Eu.iplieU.

Exemption of
apparatus from
distress and
attachment.

Procedure in
case of danger-
ous defect in
iiistallation or
apparatus.

(ii) For any loss caused to a licensee by the suspension or revoca-
tion of a license under this section the licensee shall be entitled to
compensation from the Government, the amount whereof shall,
unless settled by the mutual agreement of the Government and the
licensee, be determined by two arbitrators, one to be appointed by
the Government and the other b}^ the licensee, and the provisions
of " The Arbitration Enactment, 1912," shall apply to such arbitra-
tion as if the same were pursuant to a submission within the meaning
of the said Enactment.

17. Any department of the Government or any other consumer
taking or using energy from an installation shall, if the Chief
Inspector so requires, provide such means for obviating risk of
damage to such installation by atmospheric electricity as maj^ be
directed by the Chief Inspector.

18. (i) No person shall in the generation, transmission, supply, or
use of energy permit any part of his electric sujDply lines to be
connected with earth excejDt as may be required by rule under
Section 33 or may be expressly permitted by the Chief Inspector.

(ii) In the event of any breach of the provisions of sub-section (i)
the Chief Inspector may by written order require the licensee or
management having control of any electric supply lines connected
with earth to break such connection and maj^ prohibit the use of
any electrical supply line or works or of any installation until the
order is complied with and every such order shall be complied with
by the person concerned,

19. No person shall lay or carry any mains, pipes, conduits, or
wires in, along, through, across, over, or under any street or place in
a manner tending to interfere with or cause damage to any electrical
works or apparatus of the Government without first obtaining
permission from the Resident, which permission may be granted or
withheld at his discretion or granted ujDon such terms as he may
think fit to impose.

20. No consumer shall use energy suj^plied to him for jDurposes
other than that for which it is supplied.

21. When any electric wires, meters, fittings, works, or apparatus
belonging to the Government are placed in or ujDon any private
premises for the purpose of supplying or measuring energy, and when
any electric wires, meters, fittings, works, or ajjparatus belonging to a
licensee are placed in or upon premises, not owned or occupied by
such licensee, for the purpose of supplying or measuring energy,
such wires, meters, fittings, works, or apparatus shall not be subject
to distress nor be liable to be taken in execution vnider any process
of a Court or in any bankruptcy or insolvency proceedings against
any person.

22. (i) In the event of an Inspector finding in any installation or
ajjparatus any defect which in his opinion is likely to cause danger
he may, by notice in writing posted at the place where the installa-
tion or apparatus to which it relates is installed or working or served
upon the licensee or owner thereof, suspend the ojieration and use of

ELECTRICITY. 537

such installation or ajsparatus until such defect is made good or
removed, and in such case the said installation or apparatus shall
not be oi^erated or used so long as the said notice of suspension
remains unrevoked.

(ii) Ever}' licensee and every management and person in control
of an installation becoming aware of a defect therein which is likely
to cause danger and every consumer becoming aware of a defect in
any apparatus which is likelj- to cause danger shall forthwith make a
report thereof to an Insjiector. •

(iii) If in the opinion of the Chief Inspector any defect in an
installation in respect whereof a license is in force is of such a nature
that it cannot be made good or removed, the Senior Warden shall
hold an enquiry and forward his finding to the Resident who may
cancel the license.

23. The Chief Insj)ector and Insj^ectors are empowered to enter Entry on
upon any premises, in or upon which any installation or apparatus p''^™'*^-
may be, at any time between the hours of 6 a.m. and 6 jj.m. and also

at any other time when any installation or ajDparatus in or upon such
premises may be at work.

24. (i) Whenever any accident causing or resulting in loss of life serious

accidents to be

or grievous hurt to any person or serious injury to jiropert}' has reported.

occurred in connection with any installation or electrical plant or ana^enfuk^?

apparatus, the owner or licensee thereof and the management thereof

shall ^\-ith the least possible delay report in writing to an Inspector

the facts of the matter so far as they are known to them respectively,

and the Inspector shall thereupon visit the place where the accident

occurred and make a preliminary investigation of the circumstances

and record in writing his findmg upon such investigation, and if

there has been any loss of life or there is reason to believe that any

person has been fatally injured shall send a copy of his finding to

the nearest Magistrate.

(ii) In the event of loss of life or grievous hurt to any person due
to any accident in connection with an}' installation or electrical plant
or apparatus no alterations or additions shall without the consent of
an Inspector be made to any part of such*nstallation, plant, or
apparatus which may have contributed to cause such accident nor
shall any alterations be made without such consent to the site of the
accident until an Insjiector has completed his investigation ; pro-
vided that nothing herein contained shall operate to interfere with
rescue work or work necessary for the general safety of life or
propert}'.

538

No. 23 OF 1913.

Prohibition of
emploTment of
children.

Questions for
decision by
Chief Inspector,
subieci to
appeal to
Resident.

and shall forward to the Resident a copy of the evidence taken at
such enquiry together with his finding thereon and such further
report as may seem to him necessary, and if he is of opinion that
criminal proceedings ought to be instituted against am* person in
connection with the accident he shall also forward to the Deputy
Public Prosecutor a copy of the said evidence, finding, and report.

25. Xo licensee or management shall emplo}' or permit to be
employed on any service involving management of or attendance on
or proximity to live apparalus not effectively insulated any person
under the age of sixteen years.

26. (i) In the event of any difference of opinion between a licensee
and an Inspector or between a management or owner of anj^ installa-
tion or apparatus and an Inspector regarding any structural question
or question of fitting or adjustment in relation to any installation or
apparatus, the matter shall be referred to and decided by the
Chief Inspector.

(ii) From any decision of the Chief Inspector under sub-section
(i) an appeal shall lie to the Resident ; provided that no such appeal
shall, except by special permission of the Resident, be admitted
after the expiration of forty-two days from the date Avhen the
decision appealed against was given. In dealing with any such
appeal the Resident, after enquiry shall have been made into the
subject-matter thereof in the manner provided in sub-section (iii)
and after such further investigation, if anj-, as he thinks fit to make,
may set aside or vary the decision of the Chief Inspector or may
uphold the same, and the decision of the Resident shall be final and
shall be carried into effect.

(iii) The subject-matter of any such appeal shall be referred by
the Resident to the Senior Warden who shall hold an enquiry into
the same with the assistance of two j)ersons of electrical or other
special skill and experience, to be nominated by the Resident as
assessors. At the conclusion of such enquiry the Senior Warden
shall forward to the Resident the evidence, if any, recorded b}^ him
together with his opinion and recommendations as to the decision
proper to be given in ftie matter of the apj^eal, and any assessor who
may dissent from the opinion or recommendations of the Senior
Warden may deliver to the Senior Warden for transmission to the
Resident a statement in writing of the reasons for his dissent.

(iv) Persons nominated by the Resident to serve as assessors
under this .section shall be summoned by the Senior Warden so to
serve, and every person so summoned who shall as.sist as assessor at
any enquiry held by the Senior Warden under this section shall be
entitled to receive from the public funds .such remuneration as the
Chief Secretary may from time to time fix by notification in the
Gazette,

ELECTRICITY. 539

exceeding fifty dollars. When anj- person is so fined in his absence,
the Senior Warden shall forthwith send to him a written notice of
the fact requiring him to pay the fine or to shew cause before the
Senior Warden within seven days wh}' the same should not be paid.
Any such fine may be enforced in manner j^rovided by the Code of
Criminal Procedure in force for the time being.

27. For the purpose of holding enquiries under this Enactment powers of
the Senior Warden shall have power to administer oaths and hoUi'n''^^ ^''^^^
affirmations and shall be vested with the powers of a Magistrate enquiry.

of the First Class for compelling the attendance of witnesses,
maintaining order, and otherwise duly conducting the said enquiries.
Persons summoned to attend before the Senior Warden at any such
enc[uiry shall be legally bound so to attend.

28. Except as in Sections 5, 10, and 21 provided, nothing in this Liabilities
Enactment contained shall operate to relieve any licensee or ^i^iaSectea.
management from any civil or criminal liability arising otherwise

than under this Enactment.

29. The Chief Insj)ector and Insjaectors api^ointed under Section 3 public
shall be deemed to be public servants within the meaning of the servants.
Penal Code.

30. (i) Any person who Penalties.
(a) wilfully so tampers with, or adjusts any part of an installation

as to cause or to be likely to cause danger to human life
or limb or injury to any apparatus or other property ; or

(/>) by any rash or negligent act or omission in respect of any
part of an installation under his control causes hurt to any
person or injury to property ; or

shall be punishable with imprisonment of either description for a
period not exceeding six months or ^A'ith fine not exceeding five
hundred dollars or with both.

(ii) Proof of the fitting, otherwise than b}' or by permission of the
Government or a licensee, of such mechanical or other means as
would facilitate the abstraction of energj' shall, as against the person
fitting the same or causing the same to be fitted, be evidence of such
dishonest abstraction as is referred to in paragraph (c) of sub-
section (i).

(iii) An}^ person who in contravention of the provisions of Section 4
supplies energy from an installation to or for the use of any other
person shall he punishable with fine not exceeding two thousand
dollars and if the ccntravention be continued with fine not exceeding
two hundred dollars for every day on which the same is continued
after the first day on which a conviction is had.

(iv) Any licensee who without express authority from the Govern-
ment in that behalf supplies energy or lays down an}' electric supply
line or constructs an}' electrical works outside the area of supply
specified in his license shall be punishable with fine not exceeding
five hundred dollars and anv such unauthorized line or works mav,

540 No. 23 OF 1913.

after conviction had under this sub-section in respect thereof, bo
removed by order of the Resident and the reasonable cost of such
removal may be recovered fron the licensee.

(v) Any licensee authorized by his license to supply energy to
other persons who in breach of any conditions of his license or of any
rule under this Enactment and without reasonable cause (the
burden of proving which shall be on him) fails to supply energy to
any consumer Avhose premises are within the area of supply specified
in his license or discontinues the supply of energy to any such con-
sumer shall be punishable with fine not exceeding one thousand
dollars and in the case of a continued failure or discontinuance with
fine not exceeding one hundred dollars for every day on Avhich the
failure or discontinuance is continued after the first day on which a
conviction is had.

(vi) Any person who in contravention of the provisions of Section 4
uses, Avorks, or operates or permits to be used, worked, or operated
any installation shall be punishable with fine not exceeding five
hundred dollars and if the contravention be continued with fine
not exceeding fifty dollars for every day on which the same is
continued after the first day on which a conviction is had.

(vii) Any person who wilfully injures any meter or other instru-
ment used on or in connection with any Government installation
or any licensed installation for recording the output or consumption
of energy or dishonestly alters the index of any such meter or
instrument or dishonestly prevents any such meter or instrument
from duly recording the output or consumption of energy shall be
punishable with fine not exceeding three hundred dollars.

(viii) Any person who without due authority in that behalf
wilfully extinguishes or damages any j^ublic lamp or wilfully
damages any post, bracket, or other means of support of a public
lamp shall be punishable with imprisonment for a period not
exceeding four months or with fine not exceeding three hundred
dollars or with both.

(ix) Any person who wilfully or negligently causes energy to be
diverted from its proper course or to be wasted or wilfully or negli-
gently breaks, throws down, or damages any electric supply line or
any post, pole, lamp, or other apparatus connected with the supply
of energy shall be punishable with fine not exceeding five hundred
dollars.

(x) Any person who contravenes any jDrovision of this Enact-
ment or of the rules thereunder for the contravention whereof no
penalty is otherwise expressly provided or fails to comply Avith any
order laAvfully made in pursuance of this Enactment or the said
rules and any licensee avIio fails to comply AAJth any condition
expressed or by virtue of this Enactment implied in his license shall
be punishable Avith fine not exceeding tAvo hundred and fifty dollars
and if the contravention or failure be continued AA'ith fine not
exceeding twenty dollars for every day on Avhich the contravention
or failure is continued after the first day on which a conviction
is had.

ELECTRICITY. 541

31. No prosecution shall be instituted under this Enactment who may
except by or at the instance of the Chief Inspector or an Inspector, prosecutions.

32. Any punishment authorized by this Enactment may be Powers of
imposed by the Court of a Magistrate of the First Class, notwith- cSS*^Magis^'^
standing that the same be in excess of the punishment which such *''*'^-
Court is ordinarily empowered to impose.

33. (i) The Chief Secretar}' may from time to time make rules Rules,
not inconsistent with the provisions of this Enactment to prescribe

(a) the duties under this Enactment of the Senior Warden

and any officers appointed under Section 3 ;

(b) the times at which and the manner in which any installa-

tions or apparatus shall be inspected, the notice (if any)
to be given in relation to inspections, and the preparations
to be made by the licensees and the management for such
insi^ections ;

installations and apparatus, the conditions under which
any installation or apparatus shall be worked or operated,
and the prohibition of the use of dangerous apparatus ;

(rf) the means which may be employed (to the exclusion of
other means) for the generation, transmission, trans-
formation, distribution, and application of energy ;

(e) the manner in which energy shall be measured and in which
it is permitted to be, or is prohibited from being, supplied
or used ;

(/) the standards to be adopted for measurement of dimensions
of installations and apparatus ;

(g) the fees to be paid for the inspection of installations and
apparatus, the form and contents of and the conditions
to be implied in licenses, the form and duration of certifi-
cates, and the suspension, extension, and revocation of
licenses and certificates ;

{h) the qualifications to be possessed by persons before they
may be entrusted with the control of any installation or
apparatus ;

(i) the nature of the tests to be employed for ascertaining
whether persons possess the qualifications prescribed under
paragraph (h) of this section, the form of certificates to
be issued to persons found to possess the said qualifications,
the manner and conditions of the issue thereof, and the
fees to be paid for such tests and certificates ;

(/) the measures to be taken and the fittings to be supplied
and used in connection with installations in order to
secure public safety and private safety ;

(k) the manner of effecting alterations to installations in
operation ;

542 Xo. 23 OF 1913.

(1) the precautions to be taken on the relief of persons in
control of installations and the manner of notifying to
InsjDectors the names and qualifications of persons placed
in control of installations ;

(w) the manner of calculating the power of generators and
motors ;

(?i) the manner of holding enquiries under this Enactment ;

(o) the form of notices and the manner of service thereof ;

(p) the means to be adopted, "whether by prohibition or other-
Mise, to prevent or abate any nuisance likely to arise or
arising from the working of any installation or apparatus ;

(q) the records to be kept in respect of installations, licenses,
inspections, and any other matters to which this Enact-
ment relates and the form thereof and the persons bj-
"whom the same are to be kept ;

(r) the time, place, and manner for the pajTnent of moneys
payable under this Enactment or the rules thereunder
and the mode of collection and disposal thereof ;

(s) the fine "with which the contravention of any rule made
under this Enactment shaU be punishable, provided that
no such fine shall exceed five hundred dollars ;

(t) any other matters as to which it may appear to the Chief
Secretary expedient to make rules for the better carrying
out of the pro"\"isions of this Enactment.

(ii) With exclusive reference to Government installations and
to energj" supplied therefrom and to apparatus connected there^Wth
the Chief Secretary may also from time to time make rules to
pro"nde for

(w) prescribing the charges to be made in respect of energy
supplied and in respect of the inspection, testing, and
maintenance of installations and apparatus and in respect
of the fixing and testing of meters and in respect of any
other services properh* rendered on account of consumers ;

(v) regulating applications for energy and prescribing the
manner of effecting the supply thereof and the incidence
of the charges connected therewith ;

(w) regulating and varjing the nature, pressure, and periodicity
of the energ}' supplied ;

(x) regulating the suppl}' and use of energy, the requiring of
security from consumers and the discontinuance of the
supph" in cases where the consumer fails to observe the
requirements of this Enactment or of any rule thereunder
or is in arrears with his pajnnents of any prescribed charges
or uses defective fittings and also in other cases where
such discontinuance may be deemed necessary or advis-
able ;

(y) prescribing the class or design, or classes or designs, of wires,
fittings, and apparatus to be used by consumers and the
manner in which they shall be fixed, arranged, protected,
and controlled and providing for the erection, inspection,
testing, and maintenance thereof ;

ELECTRICITY.

543

(z) ai^pointing officers to collect all sums due to the Government

in connection with Government installations and generally

to do all acts necessary for the proper management of the

supplj^ of energ}'.

(iii) All rules made under this section shall be published in the

Gazette and shall have the same force and effect as if they had been

enacted in this Enactment.

(iv) In respect of moneys payable under this Enactment or any
rules thereunder for energy supplied from Government installations
or for apparatus or services connected there^\■ith, if the same are
prescribed to be payable to or at the office of a Sanitary Board the
provisions of Sections 29 to 43, inclusive, of the Sanitary Boards
Enactments, 1907, shall, so far as the\' are not inconsistent with
this Enactment or with any rules thereunder, apply in the same
manner and to the same extent as if such moneys were a rate
payable under the said Sanitary Boards Enactments.

34. The Chief Secretary may by notification in the Gazette
exemjDt from anj^ or all of the provisions of this Enactment

(a) any installation, or part thereof, owned by or worked by

or on behalf of the Government ;

(b) any installation, or part thereof, constructed before the

commencement of this Enactment ;
and may by a similar notification cancel any exemption so notified.

35. (i) No action shall be brought against any person for any-
thing done or bo7id fide intended to be done in the exercise or
supposed exercise of the powers given by this Enactment or by
any rules made thereunder

(a) without giving to such person one month's pre\aous notice

in writing of the intended action and of the cause thereof ;

(b) after the expiration of three months from the date of the

accrual of the cause of action ;

(ii) In every action so brought it shall be expressly alleged that
the defendant acted either maliciously or negligently and Mithout
reasonable or j^robable cause, and if, at the trial, the plaintiff shall
fail to prove such allegation judgment shall be given for the
defendant.

(iii) Though judgment shall be given for the plaintiff in any
such action, such plaintiff shall not have costs against the defendant
unless the Magistrate before A^hom the action is tried shall certify
his approbation of the action.

-Exemption
from provisions
oi Enactment.

Provision re-
garding actions

Schedule.
ENACTMENT REPEALED.

State.

No. and
year.

Short title.

Selangor

12 of 1906

The Electric Supply Enactment, 1906

ENACTMENT NO. 24 OF 1913.

All Enactment to provide for the Regulation of public
Billiard saloons, public Shooting-galleries, and other
places of public Amusement.

Short title,
commencement,
and repeal.

License
required for
billiard saloon,
shooting-gallery,
or other place of
public
amusement.

The Licensing;
Authority ; fee
for license.

Arthur Young,

President of the Federal Council.

[23rd December, 1913.
1st January, 1914.]

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

1. (i) This Enactment may be cited as " The Places of Public
Amusement Enactment, 1913," and shall come into force on the
1st day of January, 1914.

(ii) On the coming into force of this Enactment the Enactments
mentioned in the first schedule shall be repealed ; provided that
all rules made and licenses granted under any Enactment hereby
repealed which were in force immediately prior to the commence-
ment of this Enactment shall, so far as may be consistent with the
provisions of this Enactment, be deemed to have been made and
granted under this Enactment.

2. (i) No person not licensed in that behalf under this Enactment
shall l^eep any place for the purpose of

(rt) the public playing of billiards or bagatelle or any other
game of a like kind ; or

{b) a public shooting-gallery ; or

(ii) A person keeping in any place a public billiard table, baga-
telle board, or instrument used in any other game of a like kind
at which persons are admitted to play shall be deemed to keep a
place for the purpose of the public playing of billiards or bagatelle
or such other game, as the case may be.

3. (i) Licenses under this Enactment may be granted in any
State by and at the discretion of such person or persons as the
Resident of such State may by notification in the Gazette appoint
in that behalf, such person or persons being hereinafter referred to
as " The Licensing Authority."

(ii) There shall bo paid in respect of every license under this
Enactment a fee of three dollars for every period of three months
or part of such period, or such other fee as may from time to time
be prescribed by rule under Section 11.

544

PLACES OF PUBLIC AMUSEMENT.

545

4. (i) All licenses issued under this Enactment shall be subject conditions and
to such conditions and restrictions as may be prescribed by rule j|cense.°^
under Section 11 and to such further conditions and restrictions,

if any, as may in each several case be imposed by and at the dis-
cretion of the Licensing Authority ; such last-mentioned conditions
and restrictions shall be set out in the license.

(ii) No license under this Enactment shall be capable of being
transferred unless the consent of the Licensing Authority to the
transfer be evidenced upon the license by writing under the hand
of the person, or one of the persons, constituting for the time being
the Licensing Authority.

(iii) Licenses may be for such periods, not exceeding one year,
as the Licensing Authority may in each several case approve.

(iv) The period of duration of each license shall be set out
therein.

5. In any State a license may, with the approval of the Resident Suspension and
of such State, be at any time suspended or revoked by the Licensing uclnse!'°° °
Authority for the district or place to which the license relates on

breach of any condition or restriction whereto the license is subject
or on the conviction of the licensee of breach of any provision of
this Enactment or of any rule thereunder.

6. (i) Any person who shall contravene the provisions of Section penalty for
2 shall be liable to fine not exceeding one hundred dollars gection°2.
and, in the event of such contravention being continued after a
conviction had against such person under this section, to fine not
exceeding fifty dollars for every day on which such contravention

is continued.

(ii) The imposition of a penalty under this section shall not
affect the liability of any person to a penalty under the provisions
of " The Common Gaming Houses Enactment, 1912."

7. Any person licensed under this Enactment who shall commit Penalty for

a breach of anj^ of the terms of his license or of any condition or ofUcense or of*
restriction whereto his license is subject or of the provisions of any '^^'•^•
rule made under this Enactment shall be liable to fine not exceeding
fifty dollars and for a second or subsequent breach to fine not
exceeding one hundred dollars.

8. (i) Every person licensed under this Enactment shall put up Postin? notice
and keep up during the continuance of his license the words side'the'ucensed
" Licensed Billiard saloon," " Licensed Shooting-gallery," or as the P'a'^^-

case may be, legibly painted outside of, and near the principaF
entrance to, the licensed place.

(ii) Any person who shall contravene the provisions of this
section shall be liable to fine not exceeding twenty-five dollars and,
in the event of such contravention being continued after a conviction
had against such person under this section, to fine not exceeding
ten dollars for every day on which such contravention is continued.

9. It shall be lawful at all times for any police officer to enter Entry by
into any place where any public billiard table, bagatelle board, or ^°^'*^^-
instrument used in any other game of a like kind is kept and also

11—35

546

No. 24 OF 1913.

into any place kept or used for the purposes of a public shooting-
gallery or for the purposes of any public amusement whereto the
provisions of this Enactment are for the time being applied by an
order published under Section 11 (ii), and every person licensed
under this Enactment who refuses to admit or does not admit any
police officer desiring to enter shall be guilty of an offence and liable
to fine not exceeding fifty dollars and for a second or subsequent
similar offence to fine not exceeding one hundred dollars.

Form of license, 10. Licenses under this Enactment may be issued in any State
in the form set out in the second schedule or in such other form
as may from time to time be prescribed for such State by rule
under Section 11.

^°'^- 11. (i) In any State the Resident may with the approval of the

Chief Secretary to Government from time to time make rules to
give effect to the purposes of this Enactment, including provision
for

(a) the fees to be paid in respect of licenses issued under this

Enactment ;

(b) the form of licenses under this Enactment and the condi-

tions and restrictions to which such licenses are to be
by virtue of this Enactment subject ;

Enactment and the days and hours on and at which
such places are to be opened and closed ;

(d) the regulation and control of games and amusements

conducted in the said places, including the prohibition of
the use of particular kinds of apparatus or of particular
methods of conducting any such game or amusement ;

(e) the safety and comfort of the public, the keeping of the

peace, and the prevention of drunkenness and disorder
in the said places.

(ii) The Resident may also with such approval as aforesaid by
order published in the Gazette

(a) apply the provisions of this Enactment to any public
amusement which appears to him proper to be brought
within the scope thereof ;

(&) rescind any order published under this sub-section.

First Schedule.

ENACTMENTS REPEALED.

State.

No. and year.

Short title.

Perak
Selangor
Negri Sembilan
Pahang

8 of 1907
11 of 1907
10 of 1907

9 of 1907

The Billiards Enactment, 1907
Do.
Do.
Do.

PLACES OF PUBLIC AMUSEMENT. 547

Second Schedule.

A.B., now residing at , is hereby authorized to keep the

place hereunder described for the purposes of subject to the

provisions of " The Places of Public Amusement Enactment, 1913,"
and the Rules thereunder and to the following conditions and
restrictions — that is to say

This license shall continue in force from the day of

19.. until the day of 19..

Licensing Authority.

Place

Date

DESCRIPTION OF PLACE.

ENACTMENT NO. 25 OF 1913.

An Enactment to provide for the reception into the
Federated Malay States and the detention therein of
Lunatics and Persons of Unsound Mind from places
without the Federated Malay States.

Arthur Young, [23rd December, 1913.]

President of the Federal Council.

Not in force on 1st September, 1920.

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

Short title and 1. Tliis Enactment may be cited as "The Lunatics Reception

ment!^'^°^ Enactment, 1913," and shall come into force upon such date as

shall be apjiointed by the Chief Secretary by notification in the

Gazette.

Interpretation.

liUnatics may-
be received into
and detained in
the Federated
Malay States.

2. In this Enactment —

" Lunatic " includes a person of unsound mind and also includes
an idiot ;

" Protected State " includes any State in the Malay Peninsula
other than the Federated Malay States which is for the time being
under the protection of the British Government ;

" Chief Secretary " means the Chief Secretary to Government,
Federated Malay States.

3. (i) Whenever as regards a lunatic the Government of the
Colony or of a protected State makes a representation to the Chief
Secretary that it is expedient that such lunatic should be removed
to the Federated Malay States there to be detained for the purpose
of medical treatment and supervision and makes provision to the
satisfaction of the Chief Secretary for the payment of all expenses
which may be incurred by the Federated Malay States or any of
them in the reception, maintenance, and detention of or otherwise
in relation to such lunatic, the Chief Secretary may by warrant
under his hand direct such lunatic when brought into the Federated
Malay States to be received therein and conveyed to a Lunatic
Asylum in such warrant mentioned and to be there detained until
discharged in due course of law or until further order.

(ii) A lunatic shall not be received into the Federated Malay
States under the provisions of this Enactment unless he be accom-
panied by a certificate, signed by a duly qualified Medical
Practitioner employed in th(^ ])ublic service of the Colony or of
the protected State from which he is removed, in the form A in

d48

lunatics' reception. 549

the schedule, nor unless he be also accompanied by a statement
in the form B in the schedule.

4. Lunatics received into the Federated Malay States under the Lunatics bo
provisions of this Enactment shall be subject to the law for the subject to °ocai
time being in force in the States in which they are respectively i^^^-
received or detained relating to the custody and control of the

persons and estates of lunatics and to their discharge from custody,
provided that where any such lunatic is so discharged he shall,
unless the Chief Secretary otherwise direct, be returned to the
Colony or State from which he came.

5. (i) The representation mentioned in Section 3 may be in the Forms of repre-

, Vm • 111 1 1 11 • 1 r V 1 /-( 1 i_ • 1 sentation and

form C m the schedule and shall m the case oi the Colony be signed warrant.
by the Colonial Secretary of the Straits Settlements and in the
case of a protected State by the British Adviser or British Agent,
as the case may be.

(ii) Every warrant purporting to be issued in pursuance of this
Enactment and to be under the hand of the Chief Secretary shall
be received in evidence in every Court in the Federated Malay
States without further proof and shall be evidence of the facts
therein stated and all acts done in pursuance of such w^arrant shall
be deemed to have been authorized by law. Such warrant may
be in the form D in the schedule.

The Schedule.

FORM A.

Medical Certificate.

I, the undersigned, being a duly qualified Medical Practitioner

employed in the public service of the and being in actual

practice as (Physician or Surgeon, as the case may be), hereby

certify that I, on the day of at , separately from

an}^ other Medical Practitioner, personally examined of

(insert residence and profession or occujoation, if any) and that the

said is a (lunatic or an idiot or a person of unsound mind)

and a proper person to be taken charge of and detained under
care and treatment, and I found this opinion upon the following
grounds — viz. :

1. Facts indicating insanity observed by myself (here state the
facts).

2. Other facts (if any) indicating insanity communicated to me
by others (here state the information and from whom).

(Signed)

Dated this day of , 19 . .

FORM B.

Statement.

(If any particulars in this statement be not known, the fact to
be so stated) :

Name of patient and i:)atient's country or nationality, in full

550 No. 25 OF 1913.

Sex and age

Married, single, or widowed

Condition of life and previous occupation (if any)

Religion, as far as known

Previous place of abode

Whether first attack

Age (if known) on first attack

When and where previously under care and treatment. . ^ . • .

Duration of existing attack

Supposed cause

Whether subject to epilepsy

Whether suicidal

Whether dangerous to others

Whether found on an enquiry held by a competent Court to be
of unsound mind and the date of such finding

(Signed)

Dated this day of , 19 . .

(Where the person signing the statement is not the person who
signs the representation (Form C), the following particulars con-
cerning the person signing the statement are to be added — viz. :)

Occupation (if any)

Place of abode

Degree of relationship (if any) or other circumstances of
connection with the patient.

FORM C.

Representation.

I am of opinion that it is expedient that (a lunatic, etc.) be

removed to the Federated Malay States there to be detained for the
purpose of medical treatment and supervision.

(Signed)

Dated this day of , 19 . .

FORM D.

Warrant.

" The Lunatics Reception Enactment, 1913."

To the Commissioner of PoHce, Federated Malay States, and to
the Officer in charge of the Lunatic Asylum at

Whereas a representation has been made to me by the Government

of that it is expedient that be removed to the

Federated Malay States to be detained here for the purpose of
medical treatment and sujjervision :

lunatics' reception 551

Now T do hereby require you the said Commissioner of Police to

receive the said on his arrival in the Federated Malay States

and convey him to the Lunatic Asylum at and you the said

Officer in charge of the said Lunatic Asylum to receive into your

custody the said and to detain him there until he is discharged

in due course of law or until further order.

Given under my hand this day of , 19. .

Chief Secretary to Government, F.M.S.

. ENACTMENT NO. 2 OF 1914.

An Enactment to make better provision for the Protection
of Women and Girls and for the Suppression of
Brothels in certain cases.

Arthur Young,

President of the Federal Council.

[14th November, 1914.
20th November, 1914.]

Short title,
commencement,
and repeal.

Interpretation.

It is hereby enacted by the Rulers of the Federated Malay States in
Council as follows : —

1. (i) This Enactment may be cited as " The Women and Girls
Protection Enactment, 1914," and shall come into force on the
publication thereof in the Gazette.

(ii) On the coming into force of this Enactment the Enactments
mentioned in Schedule I shall be repealed ; provided that all appoint-
ments made, all security furnished and bonds made, all protection
tickets furnished and notices of liberty supplied, and all places of
safety declared under the provisions of any Enactment hereby
repealed shall, so far as may be consistent with the provisions of this
Enactment, be deemed to have been made, furnished, supplied, and
declared under this Enactment and all rules and regulations made
under any Enactment hereby repealed shall, so far as may be con-
sistent with the provisions of this Enactment, be deemed to be rules
made under this Enactment.

2. (i) In this Enactment and in rules thereunder —

" Brothel " means a house or place occupied or used by any two
or more women or girls for the purpose of prostitution ;

" Inmate of a brothel " means any woman or girl residing or being
in a brothel at any time for the purpose of prostitution ;

" Keeper of a brothel " includes the person who has the charge
or management of a brothel ;

" Owner " of a house means the person for the time being receiv-
ing the rent of the premises, whether on his own account or as agent
or trustee for any other person, or who Avould receive the same if
such premises were let to a tenant ;

" Protector " means the Secretary for Chinese Affairs and includes
such other officers as the Chief Secretary to Government may declare,
by notification in the Gazette, to be vested with the powers conferred
upon the Protector by this Enactment and in the absence of the said
Secretary and all such officers as aforesaid from any administrative
district includes the officer in charge of such district for the time
being.

552

WOMEN AND GIRLS' PROTECTION. 553

(ii) In the absence of proof to the contrary^ a person who appears Presumption.
to be in charge of a brothel or to have authority therein shall be
deemed to be the keeper thereof.

.„ 1 Disposal for

3. (i) Ever}'' person who purposes of

(a) sells, lets to hire, or otherwise disposes of or buys or hires or prostitution.
otherwise obtains possession of any woman or girl with
intent that such woman or girl shall be employed or used
for the purpose of prostitution cither within or without
the Federated Malay States or knowing or having reason
to believe that such woman or girl will be so employed or
used ; or
lb) procures any girl under the age of twenty years or an^' Procuring.
^ ^ ^ woman or^girl above that age not being a common pro ti-
tute or of known immoral character to have either withm
or without the Federated Malay States carnal connection,
except bv way of marriage, with any other person or for
the purpose of prostitution either withm or without the
Federated Malay States ; or
(.) by threats or intimidation procures any woman or girl to
have either within or without the Federated Malay States
carnal connection with any other person ; or
(d) by or under any false pretence, false representation or importing.
^fraudulent or deceitful means made or used either withm
or without the Federated Malay States brings or assists
in bringing into the Federated Malay States any woman or
girl with intent that such woman or girl shal be employed
or used for the purpose of prostitution either withm or
without the Federated Malay States or knowing or havmg
reason to believe that such woman or girl will be so em-
ployed or used ; or , „ ^ .
(e) brings into the Federated Malay States or receives or harbours Harbouring.
any girl under the age of twenty years or any woman or
girl above that age not being a common prostitute or ot
known immoral character knowing or havmg reason to
believe that such woman or girl has been procured for the
purpose of having carnal connection, except by way ot
marriage, with any other person or for the Purpose of
prostitStion either within or without the Federated Malay
States and with intent to aid such purposes ; or
(/) knowing or having reason to believe that any woman or
girl has been procured by threats or intimidation for the
purpose of having carnal connection either withm or
without the Federated Malay States with any other person
receives or harbours such woman or girl with intent to aid
such purpose ; or
(q) knowing or having reason to believe that any woman or girl
has been brought into the Federated Malay States by any
such pretence, representation, or means and Mith such
intent or knowledge as are in paragraph {(l) mentioned
or has been sold or purchased ^^ith such intent or know-
ledge as are in paragraph (a) mentioned receives or harbours

554

No. 2 OF 1914.

Dataining

Causing return
to brothel.

Oirls under 15.

Attempts.

Jlale offender
may be
■whipped.

Presumptions.

such woman or girl with intent that she shall be employed
or used for the purpose of prostitution either within or
without the Federated Malay States ; or

(h) detains any woman or girl in a brothel against her will ; or

(i) detains any woman or girl in any place against her will with
intent that she may be employed or used for the purpose
of prostitution or for any unlawful or immoral purpose ; or

(j) causes by any means any woman or girl who left a brothel
on her omti initiative or on that of the Protector to return
to such brothel against her will with intent that she may be
employed or used for the purpose of prostitution or for any
unlawful or immoral purpose or knowing it to be likely that
she will be so employed or used : or

(k) has carnal connection with any girl under the age of fifteen
years except by way of marriage ; or

(I) attempts to do any act punishable under this section

shall be liable to imprisonment of either description for a term which
may extend to two years or to a fine not exceeding five hundred
dollars or to both.

(ii) Any male person who is convicted under sub-section (i) (a)
(&) (c) d) (e) (/) or (g) may at the discretion of the Court and in
addition to any term of imprisonment awarded in respect of the said
offence be sentenced to be once privately whipped.

(iii) For the purposes of this section it shall be presumed until the
contrary is proved that

(a) a person who takes or causes to be taken into a brothel any
woman or girl has disposed of such woman or girl with the
intent or knowledge in sub-section (i) (a) mentioned ;

(6) a person who receives any woman or girl into a brothel or
harbours any woman or girl in a brothel has obtained
possession of such woman or girl with the intent or know-
ledge in sub-section (i) (a) mentioned ;

(c) a person has detained a woman or girl in a brothel or in a
place against her will if with intent to compel or induce her
to remain therein such person

(1) withholds from such woman or girl any wearing

apparel or other property belonging to her or
any wearing apparel commonly or last used by
her ; or

(2) where wearing apparel has been lent or supplied to

such woman or girl threatens such woman or girl
with legal proceedings if she takes away such
wearing apparel ; or

(3) threatens such woman or girl with legal proceedings

for the recovery of any debt or alleged debt or
uses an}^ other threat whatsoever.

{d) a person causes a woman or girl to return against her will to
a brothel which she has left if, with intent to cause her to
return thereto, such person

WOMEN AND GIRLS' PROTECTION. 55D

(1) claims from such woman or girl any wearing apparel

or other property belonging to her and taken by
her from the brothel ; or

(2) threatens such woman or girl with legal proceedings

for the recovery of any debt or alleged debt or
actually institutes such legal proceedings ; or

(3) makes use of any threats of injury or of any false

representation or of force, restraint, fear, or other

unlawful means,
(iv) It shall be a sufficient defence to any charge under sub-section Defence,
(i) {k) that the person charged had reasonable cause to believe that
the girl was above the age of fifteen years.

4. (i) Every person who buys, sells, or traffics in or imports into Traffic ia young
the Federated Malay States for the purpose of such traffic and
whether or not for purposes of present or subsequent prostitution any

girl under the age of 10 years shall be liable to imprisonment of
either description for a term which may extend to six months or to
fine not exceeding two hundred dollars or to both.

(ii) Upon the trial of any person for any act punishable under Presumptioi.
this section evidence may be given that such person has bought, sold,
trafficked in, or imported into the Federated Malay States or been
■concerned therein other girls under the age of ten years and if this be
proved it shall be deemed, in the absence of proof to the contrary,
that he has bought, sold, trafficked in, or imported, as the case may
be, the girl in respect of whom an offence under this section is
charged.

5. (i) The Protector may at any time and in any place furnish, if Protection
he thinks fit, any prostitute found in a brothel Avith a protection
ticket, which shall be written in English and Chinese or such other
language (if any) as the Protector may direct and shall be in the form
contained in Schedule II and be signed by the Protector.

(ii) On the Protector furnishing a prostitute with a protection
ticket, it shall be the duty of the keeper of the brothel wherein such
prostitute is an inmate to see that such ticket is carefully preserved
by the prostitute and not lost or destroyed and, if such protection
ticket be lost or destroyed, to see that its owner apply at once for a
new one. Any keeper of a brothel who makes default in carrying out
this provision shall be liable to imprisonment of either description for
a term which may extend to one year or to a fine not exceeding five
hundred dollars or to both.

(iii) Any keeper of a brothel who by misrepresentation, fraud, or
any other means takes away or causes to be taken away or allows
any other person to take away such protection ticket from any
prostitute in a brothel of which she or he is the keeper shall be liable
to imprisonment of either description for a term which may extend
to one year or to a fine not exceeding five hundred dollars or to both.

(iv) No prostitute to whom such protection ticket has been given
by the Protector shall be removed from a brothel by the keeper
thereof or be permitted by the keeper of a brothel to leave the brothel
until such keeper has first taken the said prostitute before the

tickets.

556

No. 2 OF 1914.

Keeper of
brothel to take
inmate under
certain circum-
stances before
Protector, etc.

Postinp in
brothels of
notice
informing
prostitutes of
their liberty.

Woman or pirl
sutfering from
contagious
disease.

Presumptions.

Protector may
examine Asiatic
women and
pirls entering
the Federated
Malay .-^tates
and the persons
in cliarge of
them.

Protector and the Protector has signified his assent thereto. Any
keeper of a brothel who by any means or representations removes or
allows to be removed from a brothel any prostitute to whom such
protection ticket has been given without first taking such prostitute
before the Protector shall be liable to imprisonment of either
description for a term which may extend to one year or to a fine not
exceeding five hundred dollars or to both.

6. If any inmate of a brothel shall state to the keeper of such
brothel that she wishes to leave the brothel or to take her protection
ticket to the Protector or to complain to the Protector of ill-usage
or of any breach of the provisions of this Enactment, the keeper of
such brothel shall so soon as can reasonably be done take such
inmate before the Protector or a Magistrate or a police officer and
in default of so doing shall be liable to imprisonment of either
description for a term which may extend to one year or to a fine
not exceeding five hundred dollars or to both.

7. The Protector may supply to all keepers of brothels a notice in
English and Chinese or such other language (if any) as the Protector
may direct in the form contained in Schedule III informing prosti-
tutes of their liberty and may direct that such notice be placed in
a conspicuous position in the hall of the brothel and the manner
in which it is to be so placed. Any keeper of a brothel who omits
or refuses to place such notice in the brothel as directed or fails
to preserve it when so placed or to change it for another when
torn, defaced or otherwise rendered illegible shall be liable to a fine
not exceeding one hundred dollars or to imprisonment of either
description for a term which may extend to three months.

8. (i) Every keeper of a brothel who permits any woman or
girl suffering from contagious disease to be or remain in such brothel
for the purpose of prostitution shall be liable to imprisonment
of either description for a term which may extend to one year
or to a fine not exceeding five hundred dollars or to both.

(ii) For the purposes of this section a keeper of a brothel shall
where any inmate of such brothel is suffering from a contagious
disease be deemed to know that she is so suffering.

(iii) In any proceeding under this section proof that any woman
or girl in a brothel was suffering from venereal disease at the date
on which the keeper of such brothel is charged with permitting
her to be or remain in such brothel shall, until the contrary is proved,
be deemed sufficient evidence that she was in such brothel for the
purpose of prostitution.

9. (i) The Protector or any person authorized in that behalf by
the Protector in writing may require any Asiatic woman or girl
who may at any time be entering the Federated Malay States and
any person Avho may apj:)ear to have the custody or control of such
woman or girl to appear before the Protector at any reasonable
time and at any convenient place, and the Protector may examine
such woman or girl as to her reasons for entering the Federated
Malay States and may examine such person respecting such woman
or girl, and such woman or girl ancl such person shall be legally
bound to answer such questions truly to the best of their ability.

WOMEN AND GIRLS' PROTECTION. 557

(ii) If the Protector has reasonable cause to suspect that any protector may
woman or girl has phTto|raph and

(a) been brought into the Federated Malay States either after eertalnVa'^es.

having been purchased or by fraud or misrejjresentation
or under any false j^retence for the purpose of prostitu-
tion or of being sent from the Federated Malay States for
immoral purposes ; or

(b) been purchased in or out of the Federated Malay States

with a view of being trained or disposed of as a prostitute ;
or

tion or of being sent from the Federated Malay States for
immoral purposes ;

he may require any person in whose custody or under whose control
she appears to be to furnish him with her photograph and to furnish
security, to the satisfaction of the Protector, that such woman or
girl shall not leave the district in which she then is without the
previous consent in ^\Titing of the Protector and shall not be trained
or disposed of as a prostitute or for immoral purposes and that
she shall be produced before the Protector Avhenever he requires it.

(iii) In default of such photograph and security being furnished protector
the Protector may, by warrant under his hand, order that such may order

■111 1 cr 1 1 woman or

woman or girl be removed to a place of safety and there detained gin to a place
until she can be returned to the place whence she was brought or ° ^^^^^y-
otherwise proper provision can be made for her protection.

10. (i) Whenever it shall appear to the Protector after such security on
enquiry as is mentioned in the last preceding section that any '^omfnorgiri
woman or girl whose condition or circumstances are such as in that from district.
section mentioned is about to leave the district in which she then

is, the Protector may, either in addition to or in lieu of such photo-
graph and security as are mentioned in the said section, require
the person in whose custody or control such woman or girl appears
to be to furnish security, to his satisfaction, that such woman or
girl shall present herself within a certain period, at her destination
to such Government officer as may be specified in the bond, whether
such destination be within or without the Federated Malay States.

(ii) In any legal proceedings to enforce such security the affidavit
or statutory declaration of the officer referred to in the bond,
purporting to be under his hand and to be attested by a Magistrate,
to the effect that such woman or girl has failed to so present herself
shall be conclusive evidence of such failure.

11. (i) If the Protector has reasonable cause to suspect that any gws under

.1. ij.1 £ • j_ i-i-i'i 1 16 trained or

girl IS under the age oi sixteen j-ears and is being trained or used used as

for purposes of prostitution or lives in or frequents any brothel prostitutes, etc

or is habitually in the companj^ of prostitutes or keepers of brothels

or procuresses or persons employed or living in brothels or persons

directly interested in the business carried on in brothels or by

prostitutes, he may by warrant under his hand order such girl to

be removed to a place of safety and there temporarily detained

until an enquiry has been held by him.

558

No. 2 OF 1914.

Detention
pending
judicial
proceedings.

Detention by
request or
where protec-
tion needed.

Period of
detention
wliere over 16.

Period of
detention
where under 10.

Women and
pirls detained
to be subject to
rules.

Absconding
from detention.

Abetment.

(ii) If the Protector after holding such enquiry is satisfied that
such girl comes within the provisions of sub-section (i) he may order
such girl to be detained in the place of safety until further order or
until she attains the age of nineteen years or marries, whichever
first happens.

12. (i) The Court before which any charge is brought under this
Enactment may order any woman or girl in respect of whom
the offence is charged to have been committed to be temporarily
detained until the completion of the trial.

(ii) Where any order is made under sub-section (i), the Protector
shall receive and put in a place of safety such woman or girl and
detain her for such time as may be ordered by the Court or until
completion of the trial, as the case may be.

13. (i) The Protector may receive into and with the consent of
the Chief Secretary to Government detain in a place of safety any
woman or girl

(a) whose detention in a place of safety is requested in writing

by her lawful guardian ; or

(b) whom the Protector may consider to need protection and

whose lawful guardian cannot be found ; or

ill-treated and to need protection.

(ii) No woman or girl appearing to be of the age of sixteen years
or over at the time of her being received into a j)lace of safety shall
be detained under this section after such arrangements have been
made for her welfare as the Protector may deem necessary nor
in any case for a period exceeding two months.

(iii) No woman or girl appearing to be under the age of sixteen
years at the time of her being received into a place of safety shall
be detained under this section after such arrangements have been
made for her welfare as the Protector may deem necessary nor in
any case after she attains the age of nineteen years or marries,
whichever first happens.

14. (i) Every woman and girl detained under the provisions of
this Enactment shall be subject to such rules as may be prescribed.

(ii) Every woman or girl detained or ordered to be detained under
the provisions of this Enactment who leaves any place in which
she is detained otherwise than in accordance with such rules may
be arrested by any police officer or by any officer fully authorized
thereto either specifically or in general by the Protector and taken
back to such place.

(iii) Any person who induces or assists any woman or girl so
detained as aforesaid to ksave the place in Avhich she is detained
otherwise than in accordance with such rules or knowingly harbours
any such woman or girl shall be liable to imprisonment of either
description for a term which may extend to one year or to a fine
not exceeding five hundred dollars or to both.

WOMEN AND GIRLS PROTECTION.

559

(iv) Any person loitering about the precincts of any place in
which any Avoman or girl is detained under the provisions of this
Enactment with the intention of communicating with such woman
or girl or of intimidating her or of inducing her to leave such place
shall be liable to a fine not exceeding one hundred dollars,

15. (i) In any State the Resident of such State may provide such Provision for
land as shall be necessary and erect thereon suitable buildings as ^jac'^s^of safety.
a place of safety for the purposes of carrying out the provisions of
this Enactment and may defray the cost of the care, maintenance,
and education of all women and girls detained therein.

(ii) Any buildings erected in any State as a place of safety under
the provisions of this section shall be declared by the Resident of
such State, by notification in the Gazette, to be a place of safety for
the purpose of carrying out the provisions of this Enactment, and
no place not so declared shall be used as a place of safety for the
purposes of this Enactment.

Male traders
in prostitution.

16. (i) Every male person who

(a) knowingly lives wholly or in part on the earnings of prosti-
tution ; or

(6) in any public place persistently solicits or importunes for
immoral purposes

shall be liable to imprisonment of either description for a term which
may extend to two years.

(ii) Any male person convicted under this section may at the whipping.
discretion of the Court and in addition to any term of imprisonment
awarded in respect of the said offence be sentenced to be once
privately whipped.

(iii) Where a male person is proved to live with or to be habitu- Presumptions.
ally in the company of a prostitute or is proved to have exercised
control, direction, or influence over the movements of a prostitute
in such a manner as to shew that he is aiding, abetting, or compelling
her prostitution with any other person or generally, he shall, unless
he can satisfy the Court to the contrary, be deemed to be knowingly
living on the earnings of prostitution.

(iv) If the Court of a Magistrate upon information has reason to
suspect that any house or any part of a house is used by a female
for the purposes of prostitution and that any male person residing
in or frequenting the house is living wholly or in part on the earnings
of the prostitute, such Court may issue a warrant authorizing any
police officer to enter and search the house and to arrest such male
person.

17. Every female who is proved to have, for the purposes of gain, female traders
exercised control, direction, or influence over the movements of a '" prostitution.
prostitute in such a manner as to shew that she is compelling her
prostitution with any person or generally shall be liable to imprison-
ment of either description for a term which may extend to six
months.

560

No. 2 OF 1914.

Power to enter
houses.

Penalty for
obstructing.

Power of

search.

Power to put

questions and
give orders.

Causing
disappearance
of woman or
girl on Search,

18. (i) The Protector or any officer generally authorized in writing
by him may at all times, accompanied by an interpreter or otherwise,
without notice enter any house which he may have reason to believe
is used as a brothel or lodging-house for disorderly persons and
interrogate all or any of the inmates of such house.

(ii) Any person who shall refuse the Protector or such officer as
aforesaid access to any such house or any part thereof or otherwise
obstruct or hinder him in effecting any entrance or fail to produce
the inmates when called on to do so or obstruct or hinder the Pro-
tector or such officer as aforesaid in interrogating such inmates or
any of them shall be liable to a fine not exceeding one hundred
dollars.

19. (i) The Protector or any officer specially authorized for that
purpose in writing by the Protector may search any vessel, house,
building, or other place where he has reasonable cause to suspect that
there is any woman or girl w ho is or may be liable to be dealt with
under the provisions of this Enactment or in which he has reasonable
cause to suspect that an offence under this Enactment has been
committed and may remove any such woman or girl to a place of
safety to be there detained until her case be enquired into.

(ii) The Protector or such officer as aforesaid may search any
vessel, house, building, or other place for the purpose of ascertaining
whether there is therein any woman or girl who is or may be liable
to be dealt with under the provisions of this Enactment or whether
any offence under this Enactment is being committed and may re-
move any such woman or girl to a place of safety to be there detained
until her case be enquired unto.

(iii) Any person who shall refuse the Protector or such officer as
aforesaid access to any vessel, house, building, or other place or
shall otherwise obstruct or hinder him in effecting an entrance or
in removing such woman or girl shall be liable to a fine not exceeding
five hundred dollars.

(iv) (a) In carrying out any search under the provisions of this
section the Protector or such officer as aforesaid shall
have power to put questions and to give any such order
or direction as may be necessary to the inmates of any
vessel, house, building, or other place for the purpose of
carrying out such search.

(b) The inmates of any vessel, house, building, or other place

shall answer truthfully all questions put to them by the
Protector or such officer as aforesaid and shall obey any
order or direction given by him touching any matter or
any j)erson connected with such search.

of this sub-section shall be liable to imprisonment of either
description for a term which may extend to six months
or to a fine not exceeding two hundred dollars or to both.

(d) Any person who by force, restraint, fear, or other unlawful

means forces, induces, or otherwise causes any woman
or girl who is or may be liable to be dealt with under
the provisions of this Enactment to conceal herself in or

WOMEN AND GIRLS' PROTECTION. 561

leave any vessel, house, building, or other place being
searched or about to be searched by the Protector or such
officer as aforesaid under the provisions of this section,
with the result that the search of the Protector or such
officer is thereby evaded and made ineffectual or is at-
tempted to be evaded and made ineffectual, shall be
liable to imprisonment of either description for a term
which may extend to one year or to a fine not exceeding
five hundred dollars or to both.

20. (i) The Protector may summon any person who he may have Power to
reason to believe can give any information respecting any woman wi^T^es.and
or girl suspected to have been brought into the Federated Malay ^n°°^ir"b ""^
States for immoral purposes or respecting any woman or girl sus- Protector.
pected of being used or trained for immoral purposes or respecting
any inmate of a brothel.

(ii) The person so summoned shall attend at the hour and place
in the summons specified and produce all documents in his custody,
possession, or power relating to such woman or girl and answer
truthfully all questions which the Protector may put to him re-
specting any such woman or girl or in any way relating to the matter
being enquired into and shall also, if so required by the Protector,
produce such woman or girl in the absence of reasonable excuse,
proof whereof shall lie on the person called upon to produce such
woman or girl.

(iii) The Protector shall at any enquiry held by him make com-
plete notes of the evidence taken by him upon such enquiry and
of his decision thereon and shall furnish to the Supreme Court a
copy of such notes when called upon to do so by order of a Judicial
Commissioner, suppressing in such copy the name of any person
from whom information has been derived if he thinks it expedient
to do so.

(iv) The Protector shall be deemed to be a public servant within
the meaning of the Penal Code and may administer affirmations or
oaths to and examine on affirmation or oath any person summoned
before him for the purposes of this Enactment.

(v) If the person summoned fails to attend at the hour and place Penalty.
specified in the summons or to do any of the other acts referred to
in sub-section (ii), he shall be liable to a fine not exceeding five
hundred dollars.

(vi) The Protector shall not be compellable in any judicial
proceeding to answer any question as to the grounds of his decision
in any case dealt with by him under this Enactment or as to any-
thing which came to his knowledge in any enquiry made by him
as Protector.

21. Whenever the Protector, after enquiry, has reason to believe protector may
that a breach of any of the provisions of this Enactment is about trbeph^to"*
to be or has been committed bj' any person, the Protector may graphed.
direct that such person be photographed at such time and place
and in such manner as the Protector may think fit, and the person
so directed shall submit to be photographed at such time and place

11—36

562

No. 2 OF 1914.

Resident may
order removal
of woman or
girl to place ot
safety in
another State.

Provision

against inti-
midation of
woman or girl.

Provision as to
service of
processes, etc.

Arrest without
warrant.

Presumptions
arising out of
warrants.

Provision as to
bonds.

and in such manner as the Protector thinks fit and in default of so-
doing shall be liable to imprisonment of either description for a
term which may extend to six months or to a fine not exceeding
two hundred dollars or to both.

22. (i) Every woman or girl detained in a place of safety under
the provisions of this Enactment may, on the application of the
Protector to the Resident of the State in which such woman or girl
is detained, be removed by order under the hand of the Resident
from such place of safety in such State to such place of safety in
another State as the Resident may direct, and the order of removal
shall be carried out in such manner as the Resident thinks fit.

(ii) No such order shall be made except with the consent of the
Resident of the State to which such woman or girl is to be removed,
and such consent shall be expressly set forth under the hand of the
said Resident on the face of the said order.

23. Whenever the Protector is dealing with any woman or girl
under the provisions of this Enactment and such woman or girl is
in the public office of the Protector or is being removed to it or
from it, if any keeper of a brothel or other person present, who
appears to be in charge of or to have authority over such woman
or girl, by word or gesture or any other means induces such woman
or girl to refuse to go to a place of safety or otherwise to disobey
the lawful orders of the Protector or by word or gesture intimidates
such woman or girl with intent that she shall be afraid to disclose
the circumstances of her case, the Protector may forthwith order
such person to leave the neighbourhood of the public office and to
abstain from holding any further communication with such woman
or girl until the Protector gives permission, and any person who
disobeys such order shall be liable to imprisonment of either
description for a term which may extend to three months or to
a fine not exceeding one hundred dollars or to both.

24. (i) All processes, notices, and other documents issued under
this Enactment shall be deemed to have been validly and effectually
served if served on or left with the person intended to be served or,
if he cannot be found, if left at his last known place of business
or abode by any person authorized in that behalf by the Protector.

(ii) The Protector and any officer of his department and all
police officers may arrest Avithout warrant and take before a Magis-
trate any person found committing any offence punishable under
this Enactment.

25. Every warrant purporting to be issued in pursuance of this
Enactment and to be under the hand of the Protector shall be
received in evidence in any Court without further proof and shall
be prima facie evidence of the facts therein stated and all acts
done in pursuance of such warrant shall be deemed to have been
authorized by law.

26. (i) All security bonds made in pursuance of the provisions
of this Enactment shall be made with the Protector for the time
being.

WOMEN AND GIRLS' PROTECTION. 563

(ii) In the case of bonds so made, upon each occurrence of a
change of Protector the new Protector shall be deemed to take the
place of and be substituted for the Protector whom he succeeds
as obligee on the bond and shall become such obligee for all intents
and purposes.

(iii) All moneys recovered by the Protector on any bond shall
be paid to the Treasurer for the benefit of the public revenue.

(iv) The Protector may, for reasons to be recorded by him in
writing, refuse to accept as surety in any bond under the provisions
of this Enactment any person whom he has reason to suspect or
to believe to be in any way connected with the buying or selling of
women or girls for immoral purposes or to be otherwise an unfit
person.

Any person aggrieved by a refusal of the Protector under this
sub-section may make an application in the matter to the Supreme
Court, and such Court may either confirm the refusal of the Pro-
tector or may make such other order as to it may seem fit.

(v) No stamp duty shall be charged on security bonds made
under or in pursuance of the provisions of this Enactment.

•

27. (i) Whenever any house or any portion thereof is used as a suppression of
brothel or lodging-house for prostitutes or disorderly persons, a ''''°*'^^^^'
Magistrate of the First Class or the Protector may at any time

issue a summons in the form of Schedule IV to the tenant, occupier,
or keeper of the said house or portion thereof, and, if the Magistrate
or Protector is satisfied that the said house or any portion thereof
is used as a brothel or lodging-house for prostitutes or disorderly
persons, he shall order the tenant, occupier, or keeper to discontinue
such use of it within such time, not exceeding thirt}^ days, as may
be specified in the order and may take such measures as may be
necessarj^ for carrj'ing the order into effect.

(ii) If the order is not complied with within the time therein
specified, the tenant, occupier, or keeper of such house shall be
liable to imprisonment of either description for a term which may
extend to three months or to a fine not exceeding three hundred
dollars and shall be further liable to a fine not exceeding twenty -
five dollars for every day that the house or any portion thereof
shall be so used after the time fixed by the said order.

28. If the tenant, occupier, or keeper of any premises not being Liability of
the owner thereof has been convicted of any offence under this premises.
Enactment in respect of such premises and the owner of such
premises has received notice of such conviction, such owner shall

in the event of any subsequent conviction of any person of a like
offence in respect of the same premises during his ownership thereof
be liable to a fine not exceeding five hundred dollars.

29. The Chief Secretary to Government may appoint such officers Appointment of
as may be necessary for carrying out the provisions of this Enact-
ment.

30. (i) The Chief Secretary to Government may make rules for '^"'^*
and in respect of all or any of the following purposes or matters :

Trial in
camera in
certaiu cases.

564 No. 2 OF 1914.

(a) the care, detention, temporary absence, maintenance, and

education of women and girls detained under this Enact-
ment ;

(b) the manner and conditions in and under which the powers

conferred by this Enactment shall be exercised by the
persons on whom such powers are conferred ;

or not to those above mentioned, as to which it may be
expedient to make rules for carrying into effect the
objects of this Enactment.

(ii) All such rules when made shall be published in the Gazette
and from the date of such publication shall have the same force
and effect as if enacted in this Enactment and any person disobey-
ing or infringing any such rule shall be liable to imprisonment of
either description which may extend to one month or to a fine not
exceeding fifty dollars or to both.

31. (i) When any person is charged with or convicted of having
committed an offence under this Enactment or Section 375 of the
Penal Code in respect of a girl under the age of twelve years, the
Court

(a) conducting a preliminary enquiry, or

(6) trying such offence, or

{d) hearing any question reserved by a Judicial Commissioner
or by a Magistrate,

may order that all proceedings before it be dealt with in camera.

(ii) Whenever any such order shall be made, the Court shall not
be deemed an open Court and the Court shall order that no person
shall have access to or be or remain in such Court except such
persons as are necessary for the purposes of the enquiry, trial, or
hearing.

Protection of 32. (i) No prosccution shall be instituted or action brought

persons execut- against any person for anvthing done or bond fide intended to be

in',' Knactment. ^'^ . , , '- . ' i . f ,^ . ,

done in the exercise or supposed exercise oi the powers given by
this Enactment or by any rules made thereunder

(a) without giving to such person one month's previous notice
in writing of the intended prosecution or action and of
the cause thereof ;

(6) after the expiration of three months from the date of the
act in respect of which the prosecution or action is intended
to be instituted or brought ;

(ii) If in any action judgment be given for the defendant, the
defendant shall be entitled to his full costs of the action.

WOMEN AND GIRLS PROTECTION.

565

(iii) Though judgment be given for the plaintiff, the plaintiff
shall not have costs against the defendant unless the Court before
which the action is tried shall certify its approbation of the action.

Schedule I.
ENACTMENTS REPEALED.

State.

Perak

Selangor
Negri Sembilan
Pahang

No. and year.

7 of 1902

8 of 1902

9 of 1902
5 of 1902

Short title.

The Women and Girls Protection

Enactment, 1902

Do.

Schedule II. (Section 5.)

PROTECTION TICKET ISSUED BY THE PROTECTOR TO
PROSTITUTES.

Whenever a prostitute has any grievance, she may come to the
Protectorate, District Office, or Police Office, and complain. Anyone
daring to prevent her will be arrested and punished. These tickets
are to be always kept by you on the person.

Schedule III. (Section 7.)

NOTICE.

Women and girls ! if any of 30U have been kidnapped, purchased,
seduced, deceived, or pledged for money ; or have been forced to
swear before entering the brothel that you will act as prostitutes
for a certain term of years — understand clearly that anyone who
has committed any of these offences against you, and is detaining
you in a brothel against your wishes, is breaking the law and will,
if detected, be punished. If therefore you have any grievance, do
not be afraid to tell the Protector on his visit of inspection or come
in person to this office or go to the police station and report the
matter at any time you please. If j^ou want to leave the brothel
and follow a protector, the Government will certainly let you do
what you like and will not allow j-ou to be detained against j-our
will. All persons residing in the Federated Malay States are free
agents and cannot be kept under the restraint of others. Be all of
you then watchful ! Be not deceived by anyone ! Observe this
notice !

Dated this

Office of Protector,
dav of

191

566 No. 2 OF 1914.

Schedule IV. (Section 27.)

SUMMONS.

Whereas it has been made to appear to me that you are the

tenant, occupier, or keeper of and that such house or a portion

thereof is used as a lodging-house for prostitutes or disorderly
persons, you are hereb}^ required to attend in person at the Court

of at on the day of 191 . . , at o'clock

in the forenoon to shew cause why you should not be ordered to
discontinue such use thereof.

Magistrate
(or)
Protector.

ENACTMENT NO. 3 OF 1914.

An Enactment to declare the terms and conditions
applicable to Loans authorized to be raised by the
Government of the Federated Malay States, and to
provide for the creation of Inscribed Stock.

Arthur Young, [14th November, 1914.

President of the Federal Council. 20th November, 1914.]

Whereas it is expedient to define in one Enactment the terms and preamble.
conditions applicable to loans hereafter authorized to be raised b}'
the Legislature of the Federated Malay States :

And whereas by Section 5 of the "Finance Act, 1898," of the
Imperial Parliament of Great Britain and Ireland it is j^rovided
that a Secretary of State may apply the Colonial Stock Acts, 1877
and 1892, with the necessary modifications, to any British Pro-
tectorate or Protected State :

And whereas the Secretary of State for the Colonies has, in
pursuance of the provisions above recited, bj^ an instrument dated
the 1st day of Jul}^ 1914, declared that the said Acts shall, with the
modifications set forth in the schedule to the said instrument and
with such other modifications as may be required to make the said
Acts applicable to a British Protectorate or Protected State, be
aj)plied to the Federated Malay States :

And whereas it is expedient to provide for the creation of
inscribed stock and to enable the Federated Malay States to take
advantage of the provisions of the said Colonial Stock Acts, 1877
and 1892 ;

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

1. (i) This Enactment may be cited as " The General Loan and Short title,
Inscribed Stock Enactment, 1914," and shall come into force upon ana^'e^Teair"*'
the publication thereof in the Gazette.

(ii) Upon the coming into force of this Enactment the Enactments
specified in the schedule shall be repealed.

2. In this Enactment, unless the context otherwise requires, luterpretatioa.

" Chief Secretary " means the Chief Secretary to Government,
Federated Malay States, and includes any person for the time being
acting as Chief Secretary ;

" Crown Agents " means the person or persons for the time being
acting as Crown Agents for the Colonies in England.

567

568

No. 3 OF 1914.

Loans to be
raised by
debentures or
inscribed stock.

Loans to be a
charge upon
general revenue.

Borrowing

upon

debentures.

Amount of eacli
debenture.

Debentures may
be redeemed
by purchase
in the market
or by annual
drawings or on
a date fixed.

Interest
coupons.

Form of
debenture
and coupons.

Debentures
and coupohS
transferablo
by delivery.

PvCgistry of
debentures.

3. Whenever by any Enactment authority shall have been given ^
or shall hereafter be given, to raise any sum of money for the
purposes mentioned in such Enactment, the Chief Secretary, or the
Crown Agents acting on his behalf, may from time to time, as he or
they may deem expedient, raise such sum either by debentures or by
Federated Malay States inscribed stock or partly by debentures and
partly by inscribed stock.

4. The principal moneys and interest represented by the deben-
tures or inscribed stock issued under the provisions of this Enactment
are hereby charged upon and shall be jtayable out of the general
revenues and assets of the Federated Malay States and of each of
them.

5. When the Chief Secretary, or the Crown Agents acting on his
behalf, shall deem it expedient to raise money by debentures, such
debentures shall be issued in London on behalf of the Government of
the Federated Malay States by the Crown Agents upon the best and
most favourable terms that can be obtained and shall be signed by
any one of them on that behalf.

6. Every debenture issued under the provisions of this Enactment
shall be for the sum of not less than one hundred pounds sterling
and shall bear interest at a rate not exceeding five per cent, per
annum.

7. The debentures shall be redeemable at par at the option of the
Government of the Federated Malay States by purchase in the
market or by annual drawings or on a date to be named in that behalf
by the Chief Secretary or by the Crown Agents acting on his behalf,
as determined when issuing the debentures, such date not being
later than sixty years from the date of issue, from and after which
date all interest on the principal money represented thereby shall
cease and determine, whether jpayment of the j)rincipal shall have
been demanded or not.

8. There shall be attached to every debenture coupons for the
payment of the interest to become due in each half-year upon the
principal represented by the debenture. The coupons shall be
sufficient in number to provide for the payment of the interest either
during the whole period for which the debenture has to run or for
such limited period as the Crown Agents, acting on behalf of the
Government of the Federated Malay States, may determine.

9. The debentures and the coupons thereto shall be in such form
as the Chief Secretary, or the Crown Agents acting on his behalf,
may direct or approve.

10. Every debenture and coujjon, and the right to receive the
principal and interest rej)resented thereby, shall be transferable by
delivery.

11. Every debenture shall, before being issued, be registered in a
register book to be kept for that purpose at the office in London of
the Crown Agents.

GENERAL LOAN AND INSCRIBED STOCK. 569

12. The interest upon the princijial represented by each debenture Payment of
shall run from the day named in that behalf in the debenture and "''merest.
shall be paid half-yearly, on the days named in that behalf in the
debenture, at the office in London of the Crown Agents.

13. So long as any of the debentures remain outstanding, the iiodeofprovid-
Chief Secretary shall, in each half-year ending with the day on which onnteSon"'^
the interest on the debentures falls due, appropriate out of the debentures.
general revenues and assets of the Federated Malay States a sum

equal to one half-j^ear's interest on the whole of the debenturesissued,
including any which may have been redeemed but exclusive of any
which may have been at any time exchanged for inscribed stock, and
shall remit that sum to the Crown Agents at such time as will enable
them to pay thereout the then current half-j^ear's interest on the
day on which it falls due.

14. After the date specified in the Enactment authorizing the Further sums
loan as that on which the contributions to the sinking fund shall fortoemiemp-
commence. the Chief Secretarv shall, in each half-year ending as tionofthe
aforesaid, aiDpropriate out of the said revenues and assets of the
Federated Malay States an additional sum for the formation of a

sinking fund of not less than ten shillings sterling per hundred pounds
on the total nominal amount of all the debentures issued, including
any which may have been redeemed but exclusive of any which
ma}^ have been at any time exchanged for inscribed stock, and
shall remit that sum to the Crown Agents Vvith the remittance
hereinbefore mentioned.

15. The sinking fund shall be applied in the first place in paj-ment Application ot
of all expenses of, or incidental to, the redemption of the debentures *'° ^^ ^
and the cost and expenses of all notices required by this Enactment

to be given and in the next place, and subject to the aforesaid
payments, in repayment of the principal moneys for the time being
represented by the debentures.

16. In the case of debentures redeemable on a date to be named Creation of sink-
when issuing the debentures, the Crown Agents shall invest so much redemption^ of
of the money so remitted to them as aforesaid as shall not be required debentures
for the payment of interest for the current half-year in the purchase tixeddate.

of such securities as may be approved by His Britannic Majesty's
Principal Secretary of State for the Colonies as a sinking fund for the
final extinction of the debt, and the Crown Agents shall also invest
the dividends, interest, or produce of such investments in the pur-
chase of like securities and may, from time to time, with the approval
of the said Secretary of State, change any such investments and shall
hold such fund in trust for the repayment of the principal monej-s for
the time being represented by the debentures.

17. In the case of debentures redeemable by annual drawings. Disposal of
the Crown Agents shall place and keep the moneys so remitted to ^heTdebeif-
them, or so much thereof as may not be required for immediate turesare
payments, at interest and shall hold all such monej's and the purchas*e or by
accumulations thereon in trust to applj" them in the first place to the drawings
jjurchase of the debentures when they can be obtained at a price

not exceeding par and, secondly, to the redemption of the debentures
by means of annual drawings.

570

No. 3 OF 1914.

Appointment of
day for drawing
o£ debentures.

Notice of time
and place
appointed for
drawing.

Mode of

drawing.

Notice of deben-
tures drawn for
redemption.

Payment of

drawn

debentures.

Cesser of
interest from
day appointed
for payment of
principal.

18. After the date specified in the Enactment authorizing a loan
as that on which the contributions to the sinking fund shall com-
mence in respect of that loan and so long thereafter as any of the
debentures remain outstanding and unsatisfied, the Crown Agents
shall in every year, unless the whole of the money applicable in
that year to the redemption of debentures has been applied in the
purchase thereof, appoint a day in that year for the drawing by lot
of the debentures to be redeemed,

19. If a day is appointed for drawing, the Crown Agents shall give,
by advertisement in the London " Times " newspaper, not less than
fifteen days' previous notice, specifying the day on which, and the
hour and place at which, the drawing will take place.

20. On the day and at the hour and place so specified the Crown
Agents shall hold a meeting, at which the holder of any debenture
may, if he think fit, be present, and shall then in the presence of such
debenture holders, if any, as ma}^ attend and of a notary public
draw by lot, out of the whole number of debentures for the time being
outstanding, debentures of the specified nominal amount.

21. The Crown Agents shall thereupon declare the distinguishing
numbers of the debentures drawn for redemption and shall, as soon as
may be, by advertisement in the London ''Times'' newspaper,
specify those numbers and appoint a day, not being later as to each
debenture than the day on which the then current half-year's
interest thereon is payable, on which the principal moneys repre-
sented by the debentures so distinguished will be repaid.

22. On the day so appointed the Crown Agents shall at their
office in London, on demand, pay to the holders of the debentures
drawn for repayment the princijDal moneys represented by those
debentures with all interest payable thereon up to that day.

23. From and after the day appointed for the repayment of any
debenture all interest on the principal monej's represented thereby
shall cease and determine, whether payment of the principal shall
have been demanded or not.

Redeemed
debentures to
cancelled.

24. Upon the repayment of the principal moneys represented by
any debenture, the debenture, with all the coupons thereunto
belonging, shall be delivered up to the Crown Agents, to be by them
cancelled and forwarded to this Government of the Federated Malay
States. Any debenture redeemed by purchase shall likewise be so
cancelled and forwarded.

Borrowing
upon inscribed
stock.

25. When the Chief Secretary, or the Crown Agents acting on his
behalf, shall deem it expedient to raise money by the issue of
Federated Malay States inscribed stock, then such stock shall be
issued in England by the Crown Agents under the provisions of the
Act of the Imperial Parliament of Great Britain and Ireland entitled
" The Colonial Stock Act, 1877, "upon the best and most favourable
terms that can be obtained, provided that the interest on such
inscribed stock shall not exceed four pounds per centum per annum.

GENERAL LOAN AND INSCRIBED STOCK. 571

26. All the inscribed stock which may be created under the pro- ^hen the
visions of this Enactment shall be redeemable at par on a date to ^e're^ ati'^ "^^^
be named in that behalf by the Crown Agents when issuing the stock,

such date not being later than sixty years from the date of issue,
from and after which date all the interest on the principal moneys
represented thereby shall cease and determine, whether pajTnent of
the principal shall have been demanded or not.

27. So long as any of the prescribed stock shall remain unre- node of pro-
deemed, the Chief Secretary shall, in each half-year ending with the pa'^lnt^o*! "^
day on which the interest on such inscribed stock falls due, appro- pterKton
priate out of the general revenues and assets of the Federated Malay

States a sum equal to one lialf-3'ear's interest on the whole of such
inscribed stock and shall remit that sum to the Crown Agents at
such time as will enable them to pay thereout the then current half-
year's interest on the day when it falls due.

28. After the date specified in the Enactment authorizing an issue Mode of

of inscribed stock as that on which the contribution to the sinking paymeot'of*"^
fund shall commence, the Chief Secretary shall further appropriate principal of
out of the said revenues and assets in each half-year ending as
aforesaid an additional sum for the formation of a sinking fund of not
less than ten shillings per centum on the total nominal amount of
such inscribed stock and shall remit that sum to the Crown Agents
with the remittance hereinbefore mentioned,

29. The Crown Agents shall, for the purpose of forming such creation of
sinking fund, from time to time invest so much of the money so sitiimg £uad.
remitted to them as aforesaid as shall not be required for the payment

of interest for the current half-year in the purchase of such securities
as may from time to time be approved by His Britannic Majesty's
Principal Secretar}- of State for the Colonies and shall also invest the
dividends, interest, or produce of such investments in the purchase of
like securities and may from time to time, with the approval of the
said Secretary of State, change any such investments and shall hold
such fund in trust for repayment of the principal moneys for the
time being represented by the inscribed stock.

30. In case the sinking funds provided for by this Enactment charge upon
shall be insufficient for the payment of all the principal moneys senerai revenue.
borrowed under the authority of this Enactment at the time the

same shall have become due, the Chief Secretary shall make good the
deficiency out of the general revenues and assets of the Federated
Malay States.

31. All expenses of or incidental to the management of the sinking Exf.enses to be
fund, or to the pajonent of the principal moneys borrowed, shall be si^^in^'fund.
paid out of the sinking fund.

32. The Chief Secretary shall also have, and may from time to Powers of chief
time exercise, the following powers and authorities or any of them : "^^"^^ ^^'

(«) He may authorize the Crown Agents when issuing anj' loan Debentures
in the form of debentures to declare that such deben- ™^o7i'cribed
tures will be convertible into inscribed stock at such dates stock on condi-

1 ,. T -,... , -ii t ions prescribed

and on such terms and conditions as may be prescribed bythecrown
by the Crown Agents at the time of the issue of the deben- ofTssue.^' '™^
tures.

572

No. 3 OF 1914.

Conversion of
Joans generally.

Creation and
issue of stock in
exchange for
other securities.

Creation and
sale of inscribed
stock or deben-
ture? to raise
loans and for
other purposes.

Arrangements
for conversion.

Exchange cri
securities for
inscribed stock.

Converted
Becuritics to be
cancelled.

I'rustees to
apportion
amount of
sinking; fund
released by
conversion.

Sinkinp funds
relf;asod how to
be disposed of.

(&) He may declare all or any of the Federated Malay States
loans, whether existing in the form of stock or debentures,
to be convertible into inscribed stock, to be issued under
the provisions of this Enactment,

of inscribed stock in exchange for the securities held for
such loans as may be necessary.

(d) He may authorize the creation and sale of any such inscribed

stock or debentures for the purpose of raising money for
redeeming any outstanding loans, for pajdng any expense
in the creation of inscribed stock and otherwise for carrying
out the jDro visions of this Enactment.

(e) Any conversion so authorized may be effected either by an

arrangement with the holders of existing securities or by
purchase thereof out of moneys raised by the sale of
inscribed stock or partly in one way and partly in the
other.

33. Nothing in this Enactment contained shall authorize an
increase of the caj)ital or of the annual charge on any loan, except :

(a) When securities exchanged for inscribed stock bear a rate
of interest not less than the inscribed stock, an additional
amount of inscribed stock may be created and issued to
make up the difference in saleable value between the
securities and the inscribed stock.

{h) In the case of the conversion of securities into inscribed stock
the Crown Agents shall issue such an amount of inscribed
stock as may be required to defray the stamp duties and
all other exjoenses incidental to the conversion.

34. The securities exchanged or otherwise converted into inscribed
stock under the provisions of this Enactment shall be forth\^ith
cancelled by the Crown Agents, and the debentures surrendered shall
be cancelled and transmitted to the Chief Secreta^3^

35. The trustees of the sinking fund ajopointed under this Enact-
ment, and acting under any Enactment authorizing the issue of any
securities which may be exchanged into inscribed stock or cancelled
or purchased under the provisions of this Enactment, shall determine
what amount of the sinking fund held by them and created for
repayment of such securities shall be released, and in the determina-
tion of such question the trustees shall take into consideration the
value of the whole investments held by them on account of such
sinking funds, the amount of the debt remaining a charge on such
sinking funds, and such matters as the trustees may think fit to take
into account.

36. So much of the sinking funds as may be released shall either
be transferred to the trustees of the inscribed stock sinking fund or
be disposed of in such a manner as the Chief Secretary with the
consent of the Federal Council of the Federated Malay States may
direct.

GENERAL LOAN AND INSCRIBED STOCK. 076

37. The Crown Agents may from time to time, at tiie request of creation, in-
the Chief Secretary, make arrangements for all or any of the following convel^ron^lnd

things : transfer of In-

° scribed stock.

(i) For inscribing stock in their books.

(ii) For managing the creation, inscription, and issue of inscribed
stock.

(iii) For effecting the conversion of loans into inscribed stock.

(iv) For pa_\dng interest on inscribed stock and managing the
transfers thereof.

(v) For issuing inscribed stock certificates to bearer and, as
often as occasion shall require, re-inscribing them.

38. This Enactment shall be applicable only to the raising of Raising of loan
loans in England, and nothing in this Enactment contained shall L'tedi/au"
prevent the raising of loans in the Federated Malaj^ States or any states.

of them upon such terms and conditions as shall be specified in any
Enactment authorizing the raising of such loans.

39. Nothing in this Enactment or in the repeal of the Enactments saving ciame.
.specified in the schedule shall affect the rights of any person who

holds stock or bonds under the authority of any of the said Enact-
xuents.

Schedule. •

ENACTMENTS REPEALED.

State.

No. and year.

Short title.

Perak

Selangor
Negri Sembilan
Pahang

2 of 1899 General Loan and Inscribed Stock

Enactment, 1899
5 of 1899 Do.

3 of 1899 Do.
7 of 1899 Do.

ENACTMENT NO. 4 OF 1914.

Short title and
commence-
ment.

Interpretation.

Transfer by
order of
Resident.

Contents of
order.

An Enactment to provide for the transfer to the Straits
Settlements of persons undergoing sentences of
imprisonment in the Federated Malay States.

ArTHTTR YOUIN'G,

President of the Federal Coujicil.

[14th November, 1914.
20th November, 1914.]

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

1. This Enactment ma}' be cited as " The Transfer of Prisoners
to the Colony Enactment, 1914," and shall come into force on the
publication thereof in the Gazette.

2. In this Enactment —

" Sentence of imprisonment " means a sentence involving confine-
ment in a prison, whether combined or not with labour, and includes
a sentence awarded by way of commutation as well as an original
sentence passed by a Court of Justice ;

" Criminal lunatic " means a person detained in custody by reason
of his having been charged with an offence and either found to have
been insane at the time of such offence or found or certified or other-
wise lawfully proved to be unfit on the ground of his insanity to be
tried for the same, and includes a person convicted of an offence
and afterwards certified or otherwise lawfully proved to be insane.

3. Whenever any person is undergoing a sentence of imprison-
ment in any State, tlie Resident of such State may issue an order
that such person be removed from the place where he is undergoing
such sentence and be transferred to the Colony there to be dehvered
up to the custody of such persons as may be directed under the
provisions of any law of the Colony to receive him ; provided that
no such order as aforesaid shall be issued unless and until a request
that such person may be transferred to the Colony there to undergo
his sentence or the residue thereof has been addressed by the said
Resident to the Colonial Secretary of the Colony and such request
has been assented to on behalf of the Government of the Colony.

4. Any order for removal under Section 3 shall be addressed to the
officer in charge of the prison or other place wherein the person to be
removed is detained and shall direct him to deliver up such person to
the officer mentioned in that behalf in such order for the purpose of
such transfer as aforesaid, and such person shall be delivered up
accordingly.

674

TRANSFER OF PRISONERS 575

5. Every order purporting to be issued in pursuance oi this Eyidence.
Enactment and to be under the hand of the Resident of a State shall

be received in evidence in all Courts without further proof, and all
acts done in pursuance of such order shall be deemed to have been
authorized by law.

6. The provisions of this Enactment shall apply to a criminal Crmniai
lunatic in like manner, so far as consistent with the tenor thereof,
as they apjjly to a person undergoing sentence of imprisonment.

lunatics.

condition.

ENACTMENT NO. 8 OF 1914.

An Enactment to provide for the imposition of a condition
relating to the more effective Cultivation of certain
Country Lands.

Arthur Young, [14th November, 1914.

President of the Federal Council. 20th November, 1914.]

It is hereby enacted by the Rulers of the Federated Malay States in
Council as follows : — .

Short title and 1. This Enactment may be cited as "The Country Lands
men™^'^'^^ (Cultivation) Enactment, 1914," and shall come into force upon the

publication thereof in the Gazette.

Interpretation. 2. In this Enactment words defined in " The Land Enactment,
1911," have the meanings thereby assigned to them and " country
land" means land to which Part III or Part IV of "The Land
Enactment, 1911," applies.

Imposition of 3. In the case of any country land alienated after the 1st day of

cultivation December, 1905, or to be alienated hereafter in respect whereof the
Resident shall by memorandum under his hand and official seal duly
certify that the same is subject to the condition set out in this section
there shall by virtue of this Enactment be implied a condition that

(a) one-twentieth j)art of the land shall be brought under
cultivation during each of the five years next following
the date of the grant or lease or entry in the mukim
register, as the case may be, under which the said land
is held ; and

ih) one-quarter of the land shall be brought under cultivation
between the beginning of the sixth and the end of the
tenth year, reckoned from the date of such grant or lease
or entry in the mukim register, as the case may be ; and

{('■) one-quarter of the land shall be brought under cultivation
between the beginning of the eleventh and the end of
the fifteenth year, reckoned as aforesaid ; and

{d) one-quarter of the land shall be under cultivation at the
end of the fifth year, one-half at the end of the tenth year,
and three-quarters at the end of the fifteenth year, reckoned
in each case as aforesaid.

Provided that the Resident shall not so certify as aforesaid in
respect of any land already alienated except with the previous
consent of all persons having in such land any interest duly registered
under the law relating to land or to the transfer of land by registra-

576

COUXTRY LANDS (CULTIVATION). 577

tion of titles nor unless such consent be evidenced by writing under
the hands of all such persons so consenting, attested in the manner
specified in Section 43 of "The Land Enactment, 1911," or in the
case of a corporation under its common seal and such writing be
deposited with the Collector or the Registrar of Titles empowered to
register dealings with such land.

4. The memorandum prescribed by Section 3 to be under the hand Memorandum
of the Resident shall be made in the Register of Titles or Register 57 ?*f ''^e°'' '^
of Leases of State Land upon the duplicate of the grant or lease under

which the land is held or in the Mukim Register, as the case may be,
and shall be to the effect that the land is subject to the condition set
out in Section 3 of "The Country Lands (Cultivation) Enactment,
1914."

5. (i) A condition imposed under this Enactment shall run with operation of
the land and shall bind the owner or owners thereof for the time ^p^'^}?'}.

I . coadition.

being.

(ii) A condition imposed under this Enactment in respect of land
already alienated shall have in all respects the same effect as if it had
been imposed at the time when such land was alienated.

6. Where a condition is imposed under this Enactment in respect Production of
of land already alienated, the owner or owners thereof shall, so soon title for entry
as ma}^ be practicable, produce to the Collector or the Registrar of °

Titles empowered to register dealings with such land the document of
title, if any, evidencing his or their title to such land, in order that
there may be entered thereon under the hand and official seal of the
Resident a memorandum that the land is subject to the condition
set out in Section 3 of " The Country Lands (Cultivation) Enactment,
1914."

7. Notwithstanding an}' express provision that may be contained implied

in any document of title excluding the land held thereunder from the re-l'nt^? ^'"^
operation of Section 5 of "The Land Enactment, 1911," every title
to land which is subject to a condition imposed under this Enactment
shall in respect of such condition be subject, by virtue of this
Enactment, to the operation of the said Section 5 as if the condition
imposed under this Enactment were a condition implied by the
provisions of " The Land Enactment, 1911."

8. (i) The right of re-entry and forfeiture under Section 5 of Restriction on
" The Land Enactment, 1911," shall, when it arises from breach of a r'e"ent°y.
condition imposed under this Enactment, be restricted as follows :

(a) no land which is under cultivation shall be liable to forfeiture ;

{b) in the case of contiguous blocks of land subject to a condition

imposed under this Enactment and held by the same

person the right of re-entry and forfeiture under Section 5

of "The Land Enactment, 1911," shall not arise so long as

the condition imposed under this Enactment is fulfilled in

respect of the aggregate area of such contiguous blocks.

(ii) In this section the term " contiguous blocks " has the meaning

assigned thereto in Section 56 of " The Land Enactment, 1911."

11-37

ENACTMENT NO. 10 OF 1914.

An Enactment to repeal and re-enact " The Pawnbrokers
Enactments, 1908," being the law relating to Pawn-
brokers.

Arthur Young,

President of the Federal Council.

[10th December, 1914.
16th December, 1914.]

Short title and
commence-
ment.

Repeal an J

saving

provisions.

Meaning of
" pawnbrolicr.'

Pawnbroker's
license.

What

constitutes

pawnbroking

It is hereby enacted by the Rulers of the Federated Malay States-
in Council as follows : —

1. (i) This Enactment may be cited as '" The Pawnbrokers.
Enactment, 1914,'' and shall come into force upon the publication
thereof in the Gazette.

(ii) Upon the coming into force of this Enactment the Enactments'
specified in the schedule hereto shall be repealed to the extent
mentioned in the fourth column of the said schedule but all rulea
made or licenses granted under the Enactments hereby repealed
which were in force immediately prior to the commencement of
this Enactment shall until such rules be rescinded or such licenses
expire, be deemed to have been made or granted under this Enact-
ment.

2. In this Enactment the word "pawnbroker" shall mean and
include any person who purchases or receives any article and pays
money for or advances money upon the same to an amount not
exceeding two hundred and fifty dollars with or under any under-
taking, agreement, or condition, express, implied, or reasonably to
be inferred from the nature of the dealing and the usage in respect
thereof, that the said article may be afterwards redeemed or re-
jjurchascd ujjon any terms whatsoever.

3. (i) No person shall act as a pawnbroker except under a licence
granted under this Enadment.

(ii) For the purj)oses of this section a person shall not be deemed
to act as a pawnbroker in that he makes a loan of any sum of money
exceeding one hundred dollars and receives any article in pawn as
security for the same, provided that the rate of interest paid or
payable upon such loan shall not exceed twelve per centum per
annum and that no further or other j)rofit or advantage be taken
or agreed upon in respect thereof.

LICENSES.

Kes."^*"* 4. (i) The Resident of a State may grant to any person, herein-
after called a licensee, a license to act as a pawnbroker.

PAWNBROKERS. 579

(ii) Every such license shall be in the form prescribed and — Form of licei se.

(a) Shall specify the premises in respect of which it is issued ;

(6) Shall be subject to the provisions of this Enactment and of
the rules made hereunder and to the conditions endorsed
thereon ;

(c) Shall be granted subject to the payment of such fees as
may be fixed by the Resident of the State, with the
approval of the Chief Secretary to Government ;

(iii) No such license— Conditions

(a) Shall be valid for a term exceeding three years ; ^^tm'e is'^i^sued.

{b) Shall be granted until a bond in the prescribed form with
two sureties, ajtproved by the Resident of the State, has
been entered into by the licensee for the proper conduct
of his business under the license and for the payment
of the fees during the term thereof and until security,
whether by a deposit of cash or by mortgage of or charge
upon immovable property or otherwise, has been furnished
to the satisfaction of the Resident of the State for the due
performance of the obligations of such bond ;

(c) Shall be transferred to any jjerson without the permission
in writing of the Resident of the State, nor without such
permission be valid in respect of anj' premises other than
those specified in the license.

5. The Resident of a State may, with the consent of the Chief Powertofix
Secretary to Government by notification in the Gazette, fix for a "aUforV^d"*^
period not exceeding three years the number of licenses to be for licenses...
granted in any sj^ecified areas in such State and call for tenders in

the prescribed form for the right to receive such licenses.

6. A license granted under this Enactment may be cancelled by cancellation of
the Resident of the State at any time — licence.

(a) If the licensee shall have been convicted of any breach of
the provisions of this Enactment or of any rule made
hereunder or of any condition of his license ;

(6) If any fee payable in respect of such license or any portion
thereof shall not be paid on the due date.

7. (i) Upon the expiration or sooner determination of any license Pawnshop to
the licensee shall keep open the licensed premises dailj' from 8 a.m. e:^i*ration of^"
to 8 p.m. for the redemption of articles pawned with him and for license for
all purposes of this Enactment, except the receiving of articles in IrtidS. '°" °
pawn, shall continue to exercise the rights and privileges and be

subject to the duties and liabilities of a licensed pawnbroker until
the Avhole of the articles held by him in j)awn have been redeemed
or the latest period of redemption for any of such article has
expired.

(ii) (a) Such licensee may, with the consent of the Resident of whenpawn-
the State, enter into a contiact with any person to undertake the contrac™SdM'
duties and liabilities imposed and to exercise the rights and privi- ^ggt'jon"" ^'^'^'
leges conferred upon him by the last preceding sub-section, and,

580

No. 10 OF 1914.

Notice of
transfer or sub-
contract to be
given.

When articles
pawned may be
moved from the
licensed
premises.

Liability of
pawnbroker not
interfered with
by transfer.

When order for
licensee to
■deliver up
articles in pawn
and books of
account may be
made.

Powers of and
procedure by
officer taking
possession of
articles pawned
and books of
account.

with such consent and upon such conditions as the Resident of the
State may see fit to impose for the jirotection of pawners, may
transfer to such person the possession of all articles held by him
in pawn, and such person shall thereafter be deemed to be the
pawnbroker in respect thereof.

(b) A notice in English, Malay, Chinese, and Tamil of every such
transfer shall be posted on the premises of the transferee, at the
office of the Protector of Chinese, and at every court-house and
police station in the district in which the premises are situated.

(c) The Resident of the State may authorize the person to whom
such transfer has been made to deal with all such articles held in
pawn in any specified place other than the licensed premises, and
to remove such articles thereto.

(d) Nothing in this section shall relieve the licensee from any
liability under this Enactment for any act done or omitted to be
done before the date of such transfer.

8. (i) Upon the expiration or sooner determination of anj- license
the Resident of the State may, if he so think fit in the interests of
the persons who have pawned articles to the licensee, issue an
order to the licensee to deliver up to an officer named in such order
all articles held in pawn by such licensee and all books and accounts
kept by him in connection with his business of pawnbroking.

(ii) Such officer may take possession of all such articles and
books and accounts, using force if necessary, and may remove the
same to a place of safety.

(iii) Such officer shall hold such articles subject to redemption
under this Enactment in all respects as if such officer were himself
the licensee.

(iv) Upon the redemption of, or the expiration of the period of
redemption for, all such articles such officer shall, upon payment
by the licensee of all reasonable expenses incurred, hand over to
the licensee the amount of all sums received from joawners as
payment of moneys borrowed and profit due and all the articles
which have not been redeemed within due term and all the books
and accounts,

(v) Such officer may, with the consent of the Resident of the
State, enter into a contract with sureties with any person to hold
such articles upon the terms upon which he himself is entitled to
hold them, as set out in the two preceding sub-sections, and may,
subject to such terms, transfer the possession of such articles, books,
and accounts to such person.

Entry of pawn-
in'^ transaction
in books and
issue of pawn-
ticket.

PAWNING.

9. Every licensee on taking any article in pawn shall —

(a) Enter in a book to be kept in the prescribed form the
prescribed particulars of the transaction and make the
entries so required either in English or in Romanized
Malay unless specially authorized in writing by the
Resident of the State to make them otherwise :

PAWNBROKERS. 581

(6) Deliver to the pawner a pawn-ticket in the prescribed form.

10. Every pawner, on depositing any article in pawn, shall give Pawner to give
to the pawnbroker on demand such true information as may be iXraatiou
required for the purposes of the preceding section. to pawnbroker.

11. (i) Xo licensee shall receive in pawn — Business hours

^ and restrictions

(a) Any article between the hours of 8 p.m. and 8 a.m. ; as to receiving

\ ' -^ ^ articles in

(b) Any article from any person who appears to be intoxicated pawn.

or who is under the age of sixteen years ;

property of the Imperial Government or of the Colonial
Government or of the Government of the Federated
Malay States or of any State thereof ;

(d) Any article which he may have reasonable cause to believe,

whether from the nature of the article or from the person
of the pawner or from the circumstances of the transaction
or otherwise, to be offered for pawning without the consent
of the lawful owner thereof,
(ii) No licensee shall carry on any part of his business of pawn- where articles

broking or keep any article received by him in pawn in any place keptT

other than the licensed premises.

CHARGES.

12. A licensee may take profit on a loan on any article pawned Bate of interest.
at a rate not exceeding that prescribed in the rules, and shall not

demand or take any profit in excess of the prescribed rate, or
demand or take any sum Avhatever in respect of any pawning other
than such profit.

REDEMPTION.

13. (i) Except as hereinafter provided every licensee at any time period for and
within six months from the date of the pa-nning of any article to redemption!
him or within such longer term as may have been agreed upon by

him with the pav.ner —

(a) Shall deliver up such article to any person who may present
the pawn-ticket issued by him in respect thereof and
may tender payment of the sum borroMed thereon together
with the amount of the profit chargeable thereon, and
shall upon demand give to such person a receipt for all
such moneys received from him ;

{h) Upon presentation by any person of the pawn-ticket issued when time foi
by him in respect thereof and payment of the amount be extended. °
of profit chargeable in respect of such pawning, shall on
demand by such person extend the term within which
such article may be redeemed for a further period of not
less than three months. A note of every such extension
shall be made in the prescribed book and an endorsement
thereof made on the pawn-ticket.

582

No. 10 OF 1914.

When pawn-
broker may
refuse to deliver
up article with-
out authority.

Procedure when

pawn-ticket

lost.

Order by
Magistrate.

Pawnbroker's
responsibility
with regard to
articles
pawned.

Compensation
for articles
damaged or lost
while in pawn.

Ownership of
articles pawned
on expiration of
period for
redemption.

Record of
dUposalof.

(ii) Every licensee who may have received notice not to deliver
up any article from any police officer or from the owner of such
article or of the pawn-ticket issued by him in respect thereof, or
who may have reasonable cause to suspect that any article pawned
to him or any pawn-ticket issued by him in respect of any such
article has been dishonestly obtained, shall immediately report the
matter to the nearest police station and shall retain such article in
his possession until authorized to deliver it up by the officer in
charge of such station or by a Magistrate.

14. (i) Any person claiming to be entitled to hold any pawn-
ticket issued by any licensee and alleging that the same has been
lost, destroyed, or fraudulently obtained from him, may apj^ly to
such licensee for a copy of the entry in his book concerning such
article, and such licensee shall furnish such copy free of charge and
without delay ; and, during a period of seven days from the date
of such application, shall refuse to deliver up such article to any
person presenting such pawn-ticket.

(ii) Upon the application of any such person it shall be lawful
for a Magistrate to give such order to such licensee as to the delivery
of such article or the issue of a new pawn-ticket in respect thereof,
as to such Magistrate may seem fit.

15. (i) Every licensee shall exercise the same care and diligence
in the custody of articles received by him in pawn as a jDrudent
owner would exercise in the custody of his own property.

(ii) A licensee shall be responsible for the loss of any article
received by him in pawn, whether such loss be caused by fire or
otherwise, and shall also be responsible for the damage of such
article by fire or in consequence of fire.

(iii) In the case of any article destroyed or damaged by or in
consequence of fire the value of such article shall, for the purposes
of the compensation of the pawner, be assumed to be one quarter
more than the amount of the loan thereon.

(iv) Upon complaint by any person that any article held in pawn
by any licensee, which such person is entitled to redeem, has not
been delivered to him on due demand or has become or been ren-
dered of less value than it was at the time of pawning by or through
the default or neglect or misbehaviour of such licensee, a Magistrate
may, if he so think fit, order reasonable compensation to l)e paid
by such licensee to such person ; and any sum so ordered to be
paid may, if the Magistrate so direct, be recoverable from such
licensee as a fine.

16. (i) If any article pawned to any licensee shall not have been
redeemed before the expiration of six months from the date of
pawning, or of such longer period as may have been agreed between
such licensee and the pawner, or as may have been required in
accordance with Section 13 (i) (h), such article shall become the
property of the licensee.

(ii) Every licensee shall keep a book in the prescribed form, in
which shall be recorded particulars concerning the disposal of all
articles which have become his property under this section. He

PAWNBROKERS. 583

shall record all such particulars in English or in Romanized Malay
unless specially authorized in writing by the Resident of the State
to record them otherwise.

PREVENTION OF UNLAWFUL DEALINGS.

17. Whenever any person shall under suspicious circumstances Procedure by
offer to pawn or to redeem any article, or whenever any person shall when proposed
offer to pawn or redeem any article corresponding to the description transaction
given to any licensee by any police officer of any article lost or
fraudulently or dishonestly disposed of or acquired, such licensee

shall enquire of such person how he came into possession of such
article or of the pawn-ticket, as the case may be ; and if such
person shall not satisfactoril}^ account for his possession thereof
or shall give false information as to such possession or as to the
name and place of abode of himself or of the owmer of such article
or pawn-ticket, or if there be any other reason to susjoect any
dishonest dealing in respect of such article or pawn-ticket, such
licensee shall detain such person and deliver him together with
such article or pawn-ticket into the custody of a police officer.

18. Any police officer having reason to suspect that any person Power o'. poUce
in or loitering about any pawnshop has with him any article suppi''iou3°char-
dishonestly obtained, may detain such person and require him to ar-tersinor
produce any articles he may have with him ; and if such person shops i^r"'^'
shall refuse to comjDly -with such requirement or shall produce any explanation.
article which such police officer has reason to suspect to have been
unlawfully obtained, he may take such person to the nearest police

station, there to be dealt \nth according to law.

19. Every licensee shall at any time on demand, by any Magis- Power to
trate or by any police officer not under the rank of sergeant, or by h^e^ee-s books
any officer in charge of a police station, produce for examination and premises
all books kept by him for the purjDOses of his business and all held in pawn
articles received in pawn by him ; and any Magistrate and any ^y^"^-
such police officer may at any time enter the licensed premises of

any licensee to search for and examine any such articles or books
and to search for any articles which he may have reason to suspect
to be therein and to have been fraudulently or dishonestly disposed
of or acquired, or in respect of which he may have reason to
suspect that a breach of the provisions of this Enactment has been
committed.

20. If in any proceedings before any Court or Magistrate it Restoration by
shall appear that any article which has been lost or dishonestly or PAwnhroker
fraudulently obtained or acquired is held in pawn by any pawn- dishonestly
broker, such Court or Magistrate may take evidence as to the pawned'^o'tme
circumstances of such pawning, and if such Court or Magistrate so owner.
think fit may order the delivery of such article to the owner either

on payment to the pawnbroker of the amount lent thereon and of
the profit due, or on payment of any part of such loan or profit,
or without payment, as to such Court or Magistrate may seem just
and fitting according to the conduct of the owner and the circum-
stances of the case.

584

No. 10 OF 1914.

Magistrate of
the'First Class
to have juris-
diction under
Enactment.

Reward to
informers.

Magistrate may
order public
notice to be
given calling for
claims to
articles

forfeited under
Enactment.

Complaint to be
made within
twelve months
of offence.

Penalty for
pawubroking
without license.

Penalty for
breach of
Enactment
rules or license
by pawnbroker.

Offences by
public.

PROVISIONS AS TO TRIALS AND PROCEEDINGS.

21. All convictions, fines, forfeitures, and penalties under this
Enactment or any rules made hereunder may be had and recovered
in a summary way before a Magistrate of the First Class.

22. A Magistrate may adjudicate any portion of a fine imposed
under this Enactment to the informer or to any person whom such
Magistrate may deem to have suffered loss in consequence of any
action on the part of the person upon whom such fine is imposed.

23. A Magistrate may order that such public notice as he deems
fit shall be given calling upon all persons claiming an interest in
any article forfeited under this Enactment to make claim within
a specified period and may adjudicate upon any claim made ; and
after the expiry" of such period all articles not so claimed shall
become the property of the Government and may be disposed of by
public auction or otherwise as such Magistrate may direct.

24. A Magistrate shall not take cognizance of any complaint of
any offence against this Enactment unless such complaint is made
within twelve months from the date of the commission of such
offence.

PENALTIES AND FORFEITURES.

25. Every person who shall act as a pawnbroker except under a
license granted under this Enactment shall be liable for a first
offence to any fine not exceeding one thousand dollars and for a
second or subsequent offence to any fine not exceeding five thousand
dollars and to imprisonment of either description for any period
not exceeding six months or to both fine and imprisonment.

26. Every pawnbroker who shall commit any breach of this
Enactment or of any rule made hereunder or of any condition of
any licenss granted to him, or who shall make default in complying
with any lawful order given to him or with any obligation imposed
upon him by this Enactment, shall in the absence of any penalty
otherwise specified be liable to a fine not exceeding five hundred
dollars.

27. Every person who —

(a) Pawns or attempts to pawn to a pawnbroker any article

for the possession of which he is unable to satisfactorily

account ; or
(h) Redeems or attempts to redeem an article by means of a

pawn-ticket for the possession of which he is unable to

satisfactorily account ; or

to the ownership of any article offered by him for pawn,
or of any pawn-ticket, or as to the name and address of
such owner or of himself ; or

(d) Wilfully gives any false information to a pawnbroker

concerning any pawn-ticket alleged to have been lost,
destroyed, or fraudulently obtained ;

PAWNBROKERS. 585

shall be liable to a fine not exceeding t\\o hundred dollars or to Penalty.
imprisonment of either description for any period not exceeding
three months.

28. All articles in respect of which an offence has been committed Forfeiture of
against this Enactment may, subject to any rights possessed in

them by any person who has not been a party to such offence, be
forfeited.

GENERAL.

29. (i) If a Magistrate, upon information and after such enquiry ^°J®^ ^^jf/^'Jft
as he may think necessary, has reason to believe that any place is

used for the deposit of any article in breach of this Enactment or
of any article pa\\'ned in breach of this Enactment, he may issue
a search \\'arrant to search such place and take possession of such
article and to convey the same to a police station or other place of
safety.

(ii) Such warrant shall convey to the person to whom it is
addressed the same authority as is conveyed by a search warrant
issued under the Criminal Procedure Code,

30. The Resident of a State may from time to time appoint, for ^°^^®^^*°j^ ^^^
such State by name or office, an officer to be called the Superin- intendeutof
tendent of Pawnbrokers and may, by notification in the Gazette, pawnbrokers.
delegate to such officer such of his powers under this Enactment as

he may think fit.

31. For the purposes of this Enactment anything done or omitted Liability of
to be done by any agent or servant of any licensee in the course of actTof agent or
or in relation to the business of pawnbroking shall be deemed to servant.

be done or omitted to be done by such licensee.

32. In the case of the death or bankruptcy of anv licensee the Power to trans-
Resident of the State may, by endorsement on the license, transfer

such license for the remainder of the term thereof to such person
and on such conditions as he may deem fit.

33. (i) The Resident of a State may, with the approval of the ^j;^^'' ^° '^^''^
Chief Secretary to Government, make rules for anj' of the following
purposes :

(a) To define the duties and po^Acrs of a Superintendent of

Pawnbrokers ;

(b) To regulate the tendering for and the granting of licenses ;

licensees ;

{(I) To regulate the pa^^■ning of articles by pawners ;

(e) To prescribe forms of books and tickets to be used by
licensees ;

(/) To fix fees for licensees ;

(g) Generally to give effect to the provisions of this Enactment.

(ii) Such rules shall be published in the Gazette and shall come
into force upon a date notified in the Gazette.

586

No. 10 OF 1914.

Schedule.
ENACTMENTS REPEALED.

State.

No. and year.

Short title.

Extent of
repeal.

Perak

10 of 1908

The Pawnbrokers Enact-

ment, 1908

The whole

Selangor , .

11 of 1908

Do.

5 )

N. Sembilan

9 of 1908

Do.

»>

Pahang

2 of 1909

The Pawnbrokers Enact-
ment, 1909

ENACTMENT NO. 13 OF 1914.

An Enactment for the Incorporation of the Secretary of
the Methodist Episcopal Building and Location
Board.

Arthur Young. [lOtli December, 1914.

President of the Federal Council. 16th December, 1914.]

Whereas the Methodist Episcopal Church is engaged in a Mission
in the Malay Peninsula and Archipelago known as the Malaysia
Mission of the Methodist Episcopal Church :

And whereas the said Malaysia Mission is possessed of certain
lands in the Federated Malay States which are described in the
schedule hereto and which are registered in the name of and vested
in the Secretary of the Methodist Episcopal Building and Location
Board :

And whereas the lands of the said Malaysia Mission are managed
by the Board of Building and Location of the Malaysia Conference
of the Methodist Episcopal Church consisting of the members of
the Finance Committee of the Malaysia Conference of the Methodist
Episcopal Church, the present Secretary of the said Board of
Building and Location being the Reverend William Thomas Cherry :

And whereas by Ordinance No. V of 1908 of the Legislature of
the Colony of the Straits Settlements it was enacted that the said
William Thomas Cherry and his successors for the time being in
the office of Secretary of the said Board of Building and Location
should be incorjDorated and should have perpetual succession under
the name of " The Secretary of the Methodist Episcopal Building
and Location Board " :

And whereas it is expedient for conveyancing purposes to
incorporate in the Federated Malay States the Secretary of the
Methodist Episcopal Building and Location Board incorporated in
the Colony as aforesaid and to vest in such Corporation the lands
specified in the schedule hereto and the said William Thomas
Cherry as such Secretary as aforesaid desires that the said lands
be so vested :

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows :

1. This Enactment may be cited as "The Methodist Episcopal short title and
Location Board Incorporation Enactment, 1914," and shall come meat.
into force on the publication thereof in the Gazette.

587

588

No. 13 OF 1914.

The Secretary
of the
Methodist
Episcopal
Building and
Location Board
to be a body
corporate.

Vesting of
property.

Use of the
coip orate
seal.

Successive
holders of the
otBce of
Secretary.

Eegistration
of interests in
immovable
property.

2. The Secretary of the Methodist Episcopal Building and
Location Board incorjDorated in the Colony by Ordinance No. V of
1908 shall be a body corporate and shall by the name of " The
Secretary of the Methodist Episcopal Building and Location Board "
have perpetual succession and shall and may have and use a cor-
porate seal and the said seal may from time to time break, change,
alter, and make anew, as to the said Corporation may seem fit ;
and the said Corporation is hereby empowered to enter into con-
tracts and to cancel, vary, alter, and rescind the same, to acquire,
jjurchase, take, hold, and enjoy movable and immovable property
of every descrij^tion and to sell, transfer, assign, surrender and
yield up, charge, demise, re-assign or otherwise dispose of and deal
with any movable or immovable property vested in the said Corpora-
tion upon such terms as to the said Corporation may seem fit and
may lend money and may sue and be sued in all Courts of Justice.

3. All the immovable property specified in the schedule hereto
is hereby vested in the said Corporation for the respective estates
and interests for which the same is holden.

4. All deeds, documents, and other instruments requiring the
seal of the said Corporation shall be sealed with the seal of the
said Corporation in the presence of the said William Thomas Cherry
or his attorney duly authorized by a power of attorney valid
within the Federated Malay States or in the presence of his successor
for the time being in the said office of Secretary of the said Board
of Building and Location or his attorney duly authorized as afore-
said and shall also be signed by the said William Thomas Cherry
or his attorney so authorized as aforesaid or his said successor for
the time being or his attorney so authorized as aforesaid, and such
signing shall be and be taken as sufficient evidence that the said
seal was dulj^ and i:>roperly affixed and that the same is the lawful
seal of the said Corporation.

5. No person shall be deemed to be a successor of the said William
Thomas Cherry in the office of Secretary of the said Board of
Building and Location unless and until such person shall have
caused an extract from the minutes of the said Board of Building
and Location appointing him such Secretary, certified as correct
by the Chairman of the said Board, to be filed in the office of the
Chief Secretary to Government and a notification of such filing
shall have appeared in the Gazette. Such notification shall bo
sufficient evidence of the apjiointment and that the person named
therein is a successor of the said William Thomas Cherry in the
office of Secretary of the said Board of Building and Location.

6. Upon the written request of the said Corporation and the
production of all proper documents of title relating to any of the
immovable property specified in the schedule hereto and the pay-
ment of all lawful charges all Registrars of Titles and Collectors of
Land Revenue and other officers shall make such entries, memorials,
and endorsements in the registers kept by them respectively and
do such acts and things as may be necessary for the due registration
of the interests vested in the said Corporation by Section 3.

METHODIST EPISCOPAL LOCATION BOARD. 589

Schedule,
IX THE STATE OF PERAK.

1. All that piece of land situate in the mukim of Kamunting in
the district of Larut being lot No. 161 containing an area of 1 rood
and 31 poles being all the land comprised in grant No. 324 registered
in the register of titles Perak North volume IV folio 145.

2. All that piece of land situate in the mukim of Sitiawan in the
district of Lower Perak being lot No. 1356 containing an area of 50
acres and 2 roods being all the land comprisefl in grant No. 6039
registered in the register of titles Perak South volume XXXIII
foho 34.

3. All that piece of land situate at Ipoh in the mukim of Ulu
Kinta in the district of Kinta containing an area of 1 acre 1 rood
and 20 poles being all the land comprised in grant No. 1349
registered in the register of titles Perak South volume VIII folio 64.

4. All that piece of land situate in the mukim of Ulu Kinta in
the district of Kinta containing an area of 3 acres 1 rood and 34 poles
being all the land comprised in certificate of title No. 819 registered
in the register of titles Perak South volume IIIa folio 19.

5. All that piece of land situate at Ipoh in the mukim of Ulu
Kinta in the district of Kinta containing an area of 1 acre 3 roods
and 21 poles being all the land comprised in grant No. 3931 registered
in the register of titles Perak South volume XXII folio 49.

6. All that piece of land in the district of Ulu Kinta being lot
No. 2172 containing an area of 1 acre 1 rood and 32 poles being all
the land comprised in lease for land granted for special purposes
No. 2.

7. All that piece of land in the district of Ulu Kinta being lot
No. 2016 containing an area of 2 acres and 16 poles being all the
land comprised in lease for land granted for sf)ecial purposes No. 3.

8. All that piece of land situate in the mukim of Sitiawan con-
taining an area of 17 poles being all the land comprised in Sitiawan
mukim extract No. 858.

9. All that piece of land situate in the mukim of Sitiawan con-
taining an area of 3 acres 2 roods and 27 poles being all the land
comprised in Sitiawan mukim extract No. 1280.

IN THE STATE OF SELANGOR.

10. All that piece of land situate in the town of Kuala Lumpur
being allotment 95 of section 56 containing an area of 6 acres 3 roods
and 26 6 perches being all the land comprised in certificate of title
No. 2194 registered in the register of titles volume XXIX folio 70.

11. All that piece of land situate in the town of Kuala Lumpur
being allotments 11 and 12 of section 8 containing an area of 16"16

590 No. 13 or 1914.

poles more or less being all the land comprised in grant No. 4758
registered in the register of titles serial No. 23411 volume XLII
folio 161.

12. All that piece of land situate in the mukim of Ampang in
the district of Kuala Lumpur containing an area of 3'1 acres being
all the land comprised in Ampang mukim extract serial No. 25.

IN THE STATE OF NEGRI SEMBILAN.

13. All that piece of land situate 'at iSeremban town being lot
No. 170 containing, an area of 20,000 square feet being all the
land comprised in grant No. 927.

ENACTMENT NO. 14 OF 1914.

An Enactment to prevent the introduction and dissem-
ination of the Plant known as the Water Hyacinth.

Arthuk Young, [10th December, 1914.

President of the Federal Council. 16th December, 1914.]

It is hereby enacted by the Rulers of the Federated Malay States in
Council as follows : —

1. This Enactment may be cited as "The Water Hyacinth short title and
Enactment, 1914," and shall come into force on the publication ^^™®°^®"
thereof in the Gazette.

2. In this Enactment the expression " water hj^acinth " means interpretation.
the plant botanically known as Eichliornia crassipes or Pontederia
crassipes and includes the seed and every part of the said plant.

3. No person shall Prohibition of

1 .,. -__- i-,»-ir-< importation or

(a) import the water hyacinth into the Federated Malay States possession of

or any of them from any place outside the Federated Malay ^^^'^^'
States ; or

(b) possess or keep the water hyacinth or allow the same to grow

in or on any place owned by or leased to him or under his
control or management.

4. Where the water hyacinth is growing in or on any place, the Duty to destroy
owner or lessee of such place, or if such place be under the control or ^''*"'^'
management of some person other than the owner or lessee then such

person, shall forthwith cause the water hyacinth to be completely
and effectually destroyed b}- fire.

5. Any person who contravenes any provision of Section 3 or Penalty.
Section 4 shall be punishable with fine not exceeding one hundred
dollars.

6. Where in any State default is made by any person in the Action where
complete and effectual destruction by fire of any water hj^acinth destroyed. ^ ^
which by the provisions of Section 4 he is required so to destroy, any

person generally or specially authorized in that behalf by the
Resident of such State or any officer of the Department of Agri-
culture, Federated Malay States, may enter upon the place in or on
which the water hyacinth is growing and may cause to enter thereon
such persons with such instruments and things as may be necessary
for the purpose of destroying and may destroy the water hyacinth
and may recover the cost of destrojdng the same from the person by
whom the said default xsas made.

591

592

No. 14 or 1914.

Power of 7. The principal officer of customs at any port at which any water

to de°s™rov^'^"* h3^acinth may be landed may destroy the same, and no person shall

plant.

Power to

extend certain
provisions to
other noxious
weeds or plants

be entitled to compensation for any water hyacinth so destroyed.

8. (i) The Chief Secretary to Government may from time to time
by notification in the Gazette declare that the provisions of this
Enactment —

[a) prohibiting the importation of the water hyacinth ;

{h) imposing a penalty on persons importing the said plant ;

shall extend to any noxious weed or plant specified in the notification
and to the seed or any part of such plant.

(ii) Upon the publication of such notification the above-mentioned
provisions of this Enactment shall apply, mutatis mutandis, to such
weed or plant.

ENACTMENT NO. 17 OF 1914.

An Enactment to repeal and re-enact " The Savings Bank
Enactments, 1906," being the law to regulate the
working of the Government Savings Bank.

Arthur Young, [10th December, 1914.

President of the Federal Council. 16th December, 1914.]

It is hereby enacted b}^ the Rulers of the Federated Malay States in
Council as follows : —

1. (i) This Enactment may be cited as "The Savings Bank short title,
Enactment, 1914," and shall come into force upon the publication commence-

, ^ c ■ ,\ r-, ment, and repeal.

thereof in the Gazette.

(ii) Upon the coming into force of this Enactment, the Enact-
ments specified in the schedule hereto shall be repealed to the extent
mentioned in the fourth column of the said schedule, provided that
all rules made and published under the Enactments hereby repealed
which were in force immediately prior to the commencement of this
Enactment, all deposits made under the said Enactments and not
withdrawn prior to the commencement of this Enactment, all entries
made under the said Enactments in depositors' books and all moneys
invested under the said Enactments in securities remaining unsold at
the commencement of this Enactment shall, so far as may be con-
sistent with the provisions of this Enactment, be deemed to have
been made and invested under this Enactment.

2. It shall be lawful for the Director, Posts and Telegraphs, with nirector,p. and
the consent of the Chief Secretary to Government, to authorize and officers'in post
direct such officers of the Postal Department as he shall see fit to ^CT*o^lits° ^°°^^'*
receive deposits and to repay the same, in accordance with such

rules as he, with the approval of the Chief Secretary to Government,
may from time to time i^rescribe in that behalf.

3. Every deposit so received by any officer of the Postal Depart- Le-ai title of
ment shall be entered by him at the time in the depositor's book, repTyment?
and the entry shall be attested by him and by the dated stamp of his

office, and the amount of such deposit shall upon the day of such
receipt or so soon thereafter as practicable be reported by such officer
to the Director, Posts and Telegraphs, and the acknowledgment of
the Director, Posts and Telegraphs, signified by the officer whom he
shall appoint for the purpose, shall be forthwith transmitted to the
depositor, and the said acknowledgment shall be conclusive evidence
of his claim to the repayment thereof, with the interest thereon,
upon demand made by him on the Director ; and, in order to allow
a reasonable time for the receipt of the said acknowledgment, the
11—38 593

594

No. 17 OF 1914.

Depositors
entitled to
repayment not
later than
fourteen days
after demand
made.

Names of
depositors, etc.,
not to be
disclosed.

Money to bo
carried to a
separate
account.

Additional
security to
depositor.

Ttate ol interest
payable to
depositors.

entry in the depositor's book shall also be conclusive evidence of title
for fourteen days from the making of the deposit ; and if the said
acknowledgment shall not have been received by the depositor
through the post within fourteen days, and he shall, before or upon
the expiry thereof, demand the said acknowledgment from the
Director, Posts and Telegraphs, then the entry in his book shall be
conclusive evidence of title during another fourteen days and toties
quoties ;

Provided always that such deposits shall not be of less amount
than one dollar nor of any amount not a multiple thereof.

4. On demand of the depositor or party legally authorized to claim
on account of a depositor, made ih such form as shall be prescribed in
that behalf, for repayment of any deposit or any part thereof, the
authority of the Director, Posts and Telegraphs, for such repayment
shall be transmitted to the depositor forthwith, and the depositor
shall be absolutely entitled to repayment of any sum or sums that
may be due to him Avithin fourteen days at the farthest after his
demand shall be made at any post office where deposits are received
or paid.

Notwithstanding anything in this section the Director may, with
the approval of the Chief Secretary to Government, direct in the
case of Public, Regimental, Police, or other sjoecial accounts up ta
what sum withdrawals may be made in any twelve consecutive
months and what notice shall be given before any additional with-
drawals may be made.

5. The officers of the Postal Department engaged in the receipt or
payment of deposits shall not disclose the name of any depositor nor
the amount deposited or withdraAvn, except to the Director, or to
such officers of the Postal Department as may be appointed to assist
in carrjdng out the provisions of this Enactment.

6. All money so deposited with the Director, Posts and Telegraphs,
shall be carried to a separate account, and all sums withdrawn by
depositors or parties legally authorized to claim on account of
depositors shall be repaid to them out of such moneys, through the
office of the Director, Posts and Telegraphs.

7. If at any time the fund to be created under this Enactment by
the investment of the deposits shall be insufficient to meet the lawful
claims of all depositors, it shall be lawful for the Chief Secretary to
Government upon the certificate of the Director to issue the amount
of such deficiency out of the general revenues of the Federated Malay
States.

8. The interest payable to the parties making such deposits shall
be at the rate of three per centum per annum, but sucli interest shall
not be calculated on any less amount than five dollars or on any
fraction of a dollar, and shall not commence until the first day of the
calendar month next following the day of deposit, and shall cease on
the first day of the calendar month in which such deposit is with-
drawn.

SAVINGS BANK.

595

9. Interest on deposits shall be calculated to the 31st day of interest, how
December in each year, and shall be added to and become part of calculated.
the principal money.

10. If a depositor should die leaving a balance in a Savings Bank Payment by
account not exceeding five hundred dollars and if probate of his Avill deposit^vithout
or letters of administration of his estate be not produced to the production of
Director, Posts and Telegraphs, within three months of the death of administration.
the depositor, the Director, Posts and Telegraphs, may in his un-
controlled discretion pay the said balance to any person appearing

to him to be entitled to receive it or to administer the estate of the
deceased.

Power of Chief
Secretary to
speciaUy
authorize pay-
ment of deposit
without produc-
tion of letters
of administra-
tion.

11. Balances in excess of five hundred dollars can only be paid on
production of probate or letters of administration unless otherwise
ordered by the Chief Secretary to Government who is hereby given
a discretionary power to dispense with such evidence in cases where
he is of opinion that to require it would cause hardship, and that
to grant such dispensation Avould involve no appreciable risk. If
the balance in excess of five hundred dollars be that of an account
on behalf of a minor the j)ower hereby conferred upon the Chief
Secretary to Government may be exercised by him even if the
condition of hardship be not established.

12. The moneys received under this Enactment or so much of the investment of
same as may be from time to time available shall be invested in Ij^'^^erthis^^'^
securities to be selected by the Director, Posts and Telegraphs, and Enactment.
the Treasurer, Federated Malay States, subject to the approval of

the Chief Secretary to Government ; and a separate and distinct
account shall be kept by the Director of all investments and sales
and a balance sheet of such account from the 1st day of January to
the 31st day of December in every year shall be laid before the Chief
Secretary to Government not later than the 31st day of March in
every year:

13. The Director, Posts and Telegraphs, with the approval of Director with
the Chief Secretary to Government, may from time to time make cMef'secretary
rules for superintending, inspecting, and regulating the mode of to make rules.
keeping and examining the accounts of depositors, and in respect

of the making of deposits, the withdrawal of deposits and interest,
and all other matters incidental to the carrying out of the provisions
of this Enactment, and all rules so made shall upon the publication
thereof in the Gazette be binding on the parties interested as if such
rules formed part of this Enactment.

14. An annual account of all deposits received and paid under
the authority of this Enactment and of expenses incurred during
the j'Car ended the 31st of December, together with a statement
of the total amount due at the close of the year to all depositors,
shall be laid by the Director before the Chief Secretary to Govern-
ment.

15. The annual accounts of the Director, Posts and Telegraphs, Accounts to be
to the 31st of December in each year in respect of all moneys \^^Xto^-^^■^
deposited or invested under the authority of this Enactment shall General.

Annual account
to be laid before
the Chief
Secretary.

596

No. 17 OF 19U.

Exemption from annually, prior to the 31st of March in each year, be submitted for
stamp duty. examination and audit to the Auditor-General, Federated Malay
States.

16. All deposits to and withdrawals from a Savings Bank account
shall be exempt from stamp duty.

Schedule.
ENACTMENTS REPEALED.

State.

No. and

Short title.

Extent of

year.

repeal.

Perak

2 of 1906

The Savings Bank Enactment,

The whole

1906

Selangor . .

1 of 1906

Do.

))

N. Sembilan

3 of 1906

Do.

))

Pahang . .

3 of 1906

Do.

ENACTMENT NO. 19 OF 1914.

An Enactment to make better provision for the grant of
Exclusive Privileges in respect of Inventions.

Arthur Young, [10th December, 1914.

President of the Federal Council. 1st January, 1915.]

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

1. (i) This Enactment may be cited as " The Inventions Enact- short title,
ment, 1914," and shall come into force upon 1st January, 1915. and^ep'irr^"**'

(ii) Upon the coming into force of this Enactment the Enact-
ments specified in the first schedule shall be rej^ealed ; provided
that such repeal shall not affect the validity of any grant of exclusive
privileges made under any Enactment hereby repealed but this
Enactment shall, except as otherwise expressly provided, extend
to every such grant and to all applications for exclusive privileges
pending at the commencement of this Enactment.

(iii) No grant of exclusive privileges made under any Enactment
hereb}^ repealed shall be invalid or be revoked on the ground only
that such grant was made to an assign of the inventor.

2. (i) In this Enactment and in rules thereunder, unless the interpretation
context otherwise requires,

"advocate" means an advocate and solicitor of the Supreme
Court ;

" Chief Secretary " means the Chief Secretary to Government,
Federated Malay States ;

" grant " means a grant of exclusive privileges in respect of an
invention ;

" grantee " means the person for the time being entitled to the
benefit of a grant ;

" invention " means any manner of new manufacture and in-
cludes improvement ;

" inventor " includes the first importer into the Federated Malay
States of an invention not publicly used or known in the United
Kingdom or any possession or dependency thereof or in the
Federated Malay States, and also includes the executors, adminis-
trators, and assigns of an inventor ;

" Legal Adviser " means the Legal Adviser to the Government
of the Federated Malay States ;

597

598 No. 19 OF 1914.

"manufacture" includes any art, process, or manner of produc-
ing, treating, preparing, or making an article and also any article
prepared or produced by manufacture ;

"statutory declaration" means a declaration made under the
" Statutory Declarations Enactment, 1899," of any of the Federated
Malay States and includes a declaration made under the " Statutory
Declarations Act, 1835" of the Imperial Parliament of Great
Britain and Ireland ;

" the Court " means the Supreme Court ;

" United Kingdom " means the United Kingdom of Great
Britain and Ireland.

(ii) An invention shall be deemed a new invention within the
meaning of this Enactment if it shall not before the time of applying
for a grant have been publicly used in the United Kingdom or in
any possession or dependency thereof or in the Federated Malay
States ; provided that

{a) the public use of an invention prior to the application for
a grant shall not be deemed a public use within the
meaning of this section if the knowledge thereof shall
have been obtained surreptitiously or in fraud of the
inventor or shall have been communicated to the public
in fraud of the inventor or in breach of confidence and
if the inventor apply, within twelve months after the
commencement of such public use, for a grant and have
not previously acquiesced in such public use ;

(b) the public use of an invention by the inventor thereof or
his servants or agents or by any other person by his license
in writing shall not be deemed a public use within the
meaning of this section if the inventor have prior to such
public use applied for letters patent or a grant of exclusive
privileges in the United Kingdom or in any possession or
dej)endency thereof or in the Federated Malay States.

Applications. 3. (i) An application for exclusive privileges in respect of an

invention may be made by any person who claims to be the inventor
thereof whether alone or jointly with any other person.

(ii) The application shall be substantially in one of the forms A
or B in the second schedule, as the case may require, and shall be
signed by the applicant or applicants ; provided that the applica-
tion may in the case of an applicant absent from the Federated
Malay States be signed by his agent in the Federated Malay States
duly authorized in that behalf in writing. The apphcation shall
be left at or sent by post to the office of the Chief Secretary, and
the date of the receipt in the said office of every application shall
be recorded in the said office. Where the applicants or any of them
are not resident in the Federated Malay States the apphcation shall
be accompanied by particulars as to the name and address of a
person resident in the Federated Malay States who is authorized
in writing to act in the matter of the application as agent of the
applicant or applicants not so resident.

INVENTIONS. 599

(iii) The application must contain a declaration to the effect
that the aj)plicant is in possession of an invention whereof he, or
in the case of a joint application one at least of the applicants,
claims to be the inventor and in respect of which he desires to
obtain a grant of exclusive privileges and must be accompanied by
either a provisional or complete specification which shall be sub-
stantially in the forms C and D in the second schedule, respectively,
and shall be signed by the applicant or applicants ; provided that
any such specification may in the case of an api^licant absent from
the Federated Malay States be signed by his agent in the Federated
Malay States duly authorized in that behalf in writing.

(iv) The declaration required by this section niay be either a
statutory declaration or not, as may be prescribed.

4. (i) A provisional specification must describe the nature of the SpeciQcaUors.
invention.

(ii) A complete specification must particularly describe and
ascertain the nature of the invention and the manner in which the
same is to be performed.

(iii) In the case of any provisional or complete specification where
the Chief Secretary deems it desirable he may require that suitable
drawings shall be supj)lied with the specification, or at any time
before the acceptance of the same, and such drawings shall be
deemed to form j)art of the said sj)ecification.

(iv) A specification, whether provisional or complete, must com-
mence Avith the title and in the case of a complete specification
must end with a distinct statement of the invention claimed.

(v) Where the invention in respect of which an application is
made is a chemical invention, such typical samples and specimens
as the Chief Secretary may in any particular case require shall be
furnished before the acceptance of the complete specification.

5. (i) The Chief Secretary shall, subject to the provisions of Proceedings
■Section 16, refer every application to an examiner. appSoation

(ii) If the examiner reports that the nature of the invention is
not fairly described, or that the application, specification, or draw-
ings have not been prepared in the prescribed manner, or that
the title does not sufficiently indicate the subject-matter of the
invention, the Chief Secretary may refuse to accept the application
or may require that the application, specification, or drawings be
amended before he proceeds with the application ; and in the
latter case the application shall, if the Chief Secretary so directs,
bear date as from the time when the requirement is complied with.

(iii) The Chief Secretary shall, when an aj)plication has been
accepted, give notice thereof to the applicant.

6. Where an application for a grant of exclusive privileges in Provisional
respect of an invention has been accepted, the invention may during protection.
the period between the date of the application and the date of the
signing and sealing of such grant be used and published without
IJrejudice to the granting of exclusive privileges in respect of the
invention ; and such protection from the consequences of use and

600

No. 19 OF 1914.

Time for leaving
complete speci-
fication.

Comparison of
provisional and
complete speci-
fication.

publication is in this Enactment referred to as provisional pro-
tection.

7. (i) If the applicant does not leave a complete specification
with his application, he may leave it at any subsequent time within
six months from the date of the application.

Provided that, where an application is made for an extension
of the time for leaving a complete specification, the Chief Secretary
shall, on payment of the prescribed fee, grant an extension of time
to the extent applied for but not exceeding one month.

(ii) Unless a complete specification is so left, the application shall
be deemed to be abandoned.

8. (i) Where a complete specification is left after a provisional
specification, the Chief Secretary' shall refer both specifications tO'
an examiner.

(ii) If the examiner reports that the complete specification has-
not been prepared in the prescribed manner, the Chief Secretary
may refuse to accept the complete specification until it has been
amended to his satisfaction.

(iii) If the examiner reports that the invention particularly
described in the complete specification is not substantially the
same as that which is described in the j^ro visional specification, the
Chief Secretary may —

(a) refuse to accept the complete specification until it has been
amended to his satisfaction ; or

(h) (with the consent of the applicant) cancel the provisional
specification and treat the application as having been
made on the date at which the complete specification
was left, and the application shall have effect as if made
on that date :

Provided that, where the complete specification includes an
invention not included in the provisional specification, the Chief
Secretary may allow the original application to proceed, so far as
the invention included both in the provisional and in the complete
specification is concerned, and treat the claim for the additional
invention included in the complete specification as an application
for that invention made on the date at which the complete specifica-
tion was left.

(iv) Unless a complete specification is accepted within twelve
months from the date of the application, the application shall
become void.

Provided that, where an application is made for an extension
of time for the acceptance of a complete specification, the Chief
Secretary shall, on payment of the prescribed fee, grant an extension
of time to the extent ajoplied for but not exceeding three months.

Publication on 9. On tlic acceptance of the complete specification the Chief
?ompkte%°ed- Secretary sliall publish the acceptance in every issue of the Gazette
fication. during a period f)f two months ; and the application and specifica-

tions witii the drawings (if any) shall be open to j^ublic inspection.

INVENTIONS. 601

10. After the accejitance of a complete specification and until Effect of
the date of signing and sealing a grant in respect thereof or the orcompicte
expiration of the time for such signing and sealing, the applicant specification.
shall have the like privileges and rights as if a grant in respect of

the invention had been made on the date of the acceptance of the
complete specification. Provided that an apjilicant shall not be
entitled to institute any proceeding for infringement until a grant
in respect of the invention has been issued to him.

11. (i) Any person may at any time within two months from the opposition to
date of the first publication in the Gazette of the acceptance of a ^'^^°*'
complete specification give to the Chief Secretary notice of opposi-
tion to the grant of exclusive privileges on any of the following
grounds :

(a) that the applicant obtained the invention from him or from

a person of Avhom he is the legal representative ; or

(b) that the invention has been claimed in any complete

specification for a grant of exclusive privileges in the
Federated Malay States or any of them which is, or will
be, of prior date to the exclusive privileges the grant of
which is opposed ; or

is to be jserformed is not sufficiently or fairly described
and ascertained in the complete specification ; or

{d) that the complete specification describes or claims an inven-
tion other than that described in the provisional specifica-
tion and that such other invention forms the subject of
an application made by the opjDonent in the interval
between the leaving of the provisional specification and
the leaving of the complete specification,

but on no other ground.

(ii) Where such notice is given, the Chief Secretary shall give
notice of the opposition to the applicant and shall, on the expiration
of those two months, after hearing the applicant and the opponent, if
desirous of being heard, decide the matter ; and for the purpose of
such hearing or decision the Chief Secretarj^ may, if he thinks fit,
obtain the assistance of an expert.

12. (i) If there is no opposition or in case of opposition if the signature and
determination is in favour of the grant of exclusive privileges, a sealing of grant.
grant shall on payment of the prescribed fee be made under the hand

and official seal of the Chief Secretary to the applicant or in the case
of a joint application to the applicants jointly ; provided that the
grant shall be subject to such restrictions, conditions, and provisions,
if any, as the Chief Secretary may think fit to impose,

(ii) A grant of exclusive privileges shall be in the form E in the
second schedule and shall be signed and sealed as soon as may be
and not after the expiration of fifteen months from the date of
application ; provided that —

602

No. 19 OF 1914.

Pate of grant.

Fraudulent

applications for
grants.

Single i^rant for

cognate

inventions.

Power to refuse
grant.

(a) where the Chief Secretary has allowed an extension of the

time within which a complete specification may be left
or accepted, a further extension of four months after the
said fifteen months shall be allowed for the signing and
sealing of the grant ;

(b) where the grant is made to the legal representative of an

applicant who has died before the expiration of the time
which would otherwise be allowed for signing and sealing
the grant, the grant may be signed and sealed at any time
within twelve months after the date of his death ;

to pay any fee a grant cannot be signed and sealed within
the period allowed by this section, that period may be
extended to such an extent and subject to such conditions
as the Chief Secretary may in any case direct.

13. Except as otherwise expressly provided by this Enactment, a
grant of exclusive privileges shall be dated, signed, and sealed as of
the date of the application : Provided that no proceedings shall be
taken in respect of an infringement committed before the publication
of the complete specification.

14. (i) A grant made to the inventor shall not be invalidated
by an application in fraud of him, or by provisional protection
obtained thereon, or by any use or publication of the invention
subsequent to that fraudulent application during the period of
provisional protection.

(ii) Where a grant has been revoked on the ground of fraud, the
Chief Secretary may, on the application of the inventor made in
accordance with the provisions of this Enactment, make a grant to
him in lieu of and bearing the same date as the grant so revoked :

Provided that no action shall be brought for any infringement of
the grant so made committed before the actual date when such
grant was made.

15. (i) Where the same ajaplicant has put in two or more
provisional specifications for inventions which are cognate or
modifications one of the other, and has obtained thereby concurrent
provisional protection for the same, and the Chief Secretary is of
opinion that the whole of such inventions are such as to constitute a
single invention and may properly be included in one grant, he may
accept one complete specification in respect of the whole of such
applications and make a single grant thereon.

(ii) Such grant shall bear the date of the earliest of such applica-
tions, but, in considering the validity of the same and for the purpose
of the provisions of this Enactment with respect to opposition to the
making of grants, the Court or the Chief Secretary, as the case may
be, shall have regard to the respective dates of the provisional
specifications relating to the several matters claimed therein.

16. Notwithstanding anything in this Enactment contained, the
Chief Secretary shall be at liberty to refuse to refer an application to
an examiner or to accept an application or specification or to make a

INVENTIONS.

603

grant of exclusive privileges in any case in which it may appear to
him that the granting of exclusive privileges would be prejudicial to
the public interests or of doubtful public utility.

17. (i) The term limited in every grant for the duration thereof Term of grant.
shall, save as otherwise expressly provided by this Enactment, be
fourteen years from its date.

(ii) The fees prescribed for the continuation in force of a grant
shall be transmitted to the Chief Secretary together with an applica-
tion in the form F in the second schedule for a certificate of payment
or renewal ; such certificate may be in the form G in the second
schedule.

(iii) A grant shall, notwithstanding anything therein or in this
Enactment contained, cease if the grantee fails to pay the prescribed
iees \\ithin the prescribed times ; provided that the Chief Secretary,
upon the application of the grantee, shall, on receipt of such
additional fee not exceeding SlOO as may be prescribed, enlarge the
time to such an extent as may be applied for but not exceeding
three months.

(iv) If any proceeding is taken in respect of an infringement of a
grant committed after a failure to pay any fee within the prescribed
time, and before any enlargement thereof, the Court before which
the proceeding is proposed to be taken may, if it thinks fit, refuse to
award any damages in respect of such infringement.

18. (i) A grantee may apply to the Chief Secretary for an exten- Kxtensioo of
sion of the term of his grant, provided that such application be teimofsraac.
presented not more than one year and not less than six months before

the time limited for the expiration of the exclusive privileges granted.
The fact that such application has been presented shall be notified in
every issue of the Gazette, during a period of at least t\AO months.

(ii) Any person may give to the Chief Secretary notice of objection
to the extension.

(iii) The grantee and every person Avho has given notice of
objection to the extension shall be entitled to be heard by the
Chief Secretary before any decision is come to in the matter of the
application,

(iv) The Chief Secretary, in considering his decision, shall have
regard to the nature and merits of the invention in relation to the
public, to the profits made by the grantee as such and to all the
circumstances of the case.

(v) If it appears to the Chief Secretary that the grantee has been
inadequately remunerated by his grant, the Chief Secretary may by
order extend the term of the grant for a further term not exceeding
seven, or, in exceptional cases, fourteen 3'ears, or may make a new
grant for such term as may be specified in the order and containinty
any restrictions, conditions, and provisions which the Chief Secretary
may think fit to impose.

19. (i) Where a grant of exclusive privileges in respect of an Grants of
invention has been applied for or made and the ajiplicant or the addition.
grantee, as the case may be, applies for a further grant in respect of

604

No. 19 OF 1914.

Hestoration of
lapsed grants.

Amendment ol
speciCcation by
Chief Secretary.

any improvement in or modification of the invention, he may, if
he thinks fit. in his application for the further grant, request that the
term limited in that grant for the duration thereof be the same as
that of the original grant or so much of that term as is unexpired.
An application under this section may be in the form H in the
second schedule.

(ii) Where an application containing such a request is made, a
grant (hereinafter referred to as a grant of addition) may be made
for such term as aforesaid.

(iii) A grant of addition shall remain in force so long as the grant
for the original invention remains in force, but no longer, and in
respect of a grant of addition no fees shall be paj-able for renewal.

(iv) The making of a grant of addition shall be conclusive evidence
that the invention is a proper subject for a grant of addition, and the
validity of the grant shall not be questioned on the ground that the
invention ought to have been the subject of an independent grant.

20. (i) Where any grant has become void owing to the failure of
the grantee to pay any prescribed fee within the prescribed time, the
grantee may apply in writing to the Chief Secretary for an order for
the restoration of the grant.

(ii) Every such application shall contain a statement of the cir-
cumstances which have led to the omission of the payment of the
prescribed fee and shall be accompanied by one or more statutory
declarations verifying the statements contained in such application.

(iii) If it appears from such statement or declarations that the
omission was unintentional and that no undue delay has occurred in
the making of the application, the Chief kSecretary shall notify in
every issue of the Gazette during a period of at least two months the
fact that such application has been made, and within two months
from the first of such notifications any jDcrson raa,y give to the Chief
Secretary notice of opposition.

(iv) Where such notice is given, the Chief Secretary shall notify
the applicant thereof.

(v) After the expiration of the said period of two months the
Chief Secretary shall hear the applicant and any person who has
given notice of opposition, if such persons appear and desire to be
heard, and issue an order either restoring the grant or dismissing the
application : Provided that, in every order under this section
restoring a grant, such provisions as may be prescribed shall be
inserted for the protection of persons who may have availed them-
selves of the subject-matter of the grant after the grant had become
void.

21. (i) An applicant or a grantee may at any time, by request in
writing left at the office of the Chief Secretary, seek leave to amend
his specification, including drawings forming part thereof, by way of
disclaimer, correction, or explanation, stating the nature of and the
reasons for the proposed amendment.

(ii) The request and the nature of the proposed amendment shall
be notified in every issue of the Gazette during a period of at least

INVENTIONS. 605

one month, and at any time within one month from the first publica-
tion of such notification any person may give notice at the office of
the Chief Secretary- of ojiposition to the amendment.

(iii) Where such a notice is given the Chief vSecretary shall give
notice of the opposition to the person making the request and shall
hear the person making the request and an}- person who has given
notice of opposition, if such persons ajjpear and desire to be heard,
and shall decide the matter of the application.

(iv) Where no notice of opposition is given, or the person so
giving notice of opposition does not appear or appearing does not
desire to be heard, the Chief Secretary shall determine whether and
subject to what conditions, if any, the amendment ought to be
allowed.

(v) No amendment shall be allowed that would make the specifica-
tion, as amended, claim an invention substantially larger than
or substantially different from the invention claimed by the
specification as it stood before amendment.

(vi) Leave to amend shall be conclusive' as to the right of the party
to make the amendment allowed, except in case of fraud ; and the
amendment shall be recorded in the office of the Chief Secretary
and shall be notified in ever}" issue of the Gazette during a period of
at least two months and shall in all Courts and for all purposes be
deemed to form part of the specification.

(vii) This section shall not ap2>h' when and so long as any action
for infringement or proceeding before the Court for the revocation of
a grant is jjending.

22. (i) In any action for infringement of a grant or proceedings Amendment of
before a Court for revocation of a grant the Court may by order the° court!^ ''^
allow the grantee to amend his specification by way of disclaimer
in such manner, and subject to such terms as to costs, advertisement,
or otherwise, as the Court may think fit :

Provided that no amendment shall be so allo\^ed that ^\ould make
the specification, as amended, claim an invention substantially
larger than, or substantially dift'erent from, the invention claimed
b}" the specification as it stood before the amendment, and where
an application for such an order is made to the Court notice of
the application shall be given to the Chief Secretary, and the Chief
Secretary shall have the right to apj^ear and be heard in person or
by advocate.

(ii) Whenever any amendments are allowed under this section,
the Chief Secretary- maj' cause a copy of such amendment to be filed
in his office with and as part of the specification to which such
amendment relates and thereafter the specification shall be read as if
such amendment had formed a part thereof when such specification
was first filed in the said office.

28. Where an amendment of a specification by way of disclaimer. Restriction on
correction, or explanation has been allowed under this Enactment, no daml^"^
damages shall be given in any action in respect of the use of the
invention before the disclaimer, correction, or explanation unless the
grantee establishes to the satisfaction of the Court that his original

606

No. 19 OF 1914.

"Patents and
grants of exclu-
sive privileges
obtained in the
United King-
dom or British
possessions.

claim was framed in good faith and Avith reasonable skill and
knowledge.

24. (i) If an inventor who has obtained letters patent or a grant
of exclusive privileges in respect of an invention in the United King-
dom or in any jDossession or dependency thereof desires to apply to
the Chief Secretary for a grant of exclusive privileges in respect of
such invention in the Federated Malay States, he shall make such
application substantially in the form A in the second schedule stating
therein that such letters patent or exclusive privileges have been
granted and annexing thereto a complete specification of the inven-
tion for which he seeks exclusive privileges in the Federated Malay
States and also a duly certified copy of the said letters patent or
grant of exclusive privileges and of the complete specification of tho
invention filed in the place where the said letters patent or exclusive
privileges were granted ; such application shall thereupon be dealt
with, if the Chief Secretary so directs, in the manner provided by
Section 5 or may mthout reference to an examiner be accepted and
dealt with in the manner provided by Sections 9 and 12 ; provided
that the exclusive privileges granted under this Enactment shall be
for the balance remaining at the date of such grant unexpired of the
term of the said letters patent or grant of exclusive privileges or for
the term mentioned in Section 17, whichever shall be the shorter
period ; provided also that in no case shall the application and
specification cover or include more than is claimed in the original
specification.

(ii) Whenever it shall be made to appear to the Chief Secretary
that an amendment by way of disclaimer, correction, or explanation
relating to any invention as to which exclusive privileges have been
obtained in the Federated Malay States or any of them under this
section or under Section 10 of any Enactment hereby repealed has
been allowed and recorded in the United Kingdom or in any posses-
sion or dependency thereof in which the exclusive privileges were
granted, the Chief Secretary may cause a copy of such amendment to
be filed in his office with and as part of the specification to which
such amendment relates, and thereafter the specification shall be
read as if such amendment had formed a part thereof when such
specification Avas first filed in the said office. Provided that no such
amendment shall be held to extend the exclusive rights obtained in
the Federated Malay States as aforesaid.

(iii) Whenever it shall be made to appear to the Chief Secretary
tliat the term of the original letters patent or grant of exclusive
privileges in respect of an invention has been extended in the United
Kingdom or in any possession or dependency thereof in which the
same were granted, the Chief Secretary may on payment of the
prescribed fee cause a copy of the order or other proceeding whereby
the term was so extended to be filed in his office and thereupon the
term of the exclusive privileges granted in respect of the said inven-
tion under this Enactment or under any Enactment hereby repealed
sliall be extended so as to correspond Avith the extended term of the
original letters patent or grant of exclusive privileges.

(iv) If the original letters patent or grant of exclusive privileges
shall prior to the expiration thereof cease or be revoked at any time

INVENTIONS. 607

in the United Kingdom or in any possession or dependency thereof
in which the same were granted, the grant of exchisive privileges in
the Federated Malay States shall also terminate on the date of such
cessation or revocation.

(v) Nothing in this section contained shall prevent the Chief
Secretary from refusing to exercise any of the powers vested in
him by this section in any case where it may appear to him that
the exercise thereof would be prejudicial to the public interests.

25. (i) Any person interested may present a petition to the Chief Compulsory

licenses anc'
revocation.

Secretary alleging that the reasonable requirements of the public '""^"'^ ^"'^

with regard to an invention in respect whereof a grant is in force
have not been satisfied and praying for the grant of a comj^ulsory
license or, in the alternative, for the revocation of the grant.

(ii) The Chief Secretary shall consider the petition, and if the
parties do not come to an arrangement between themselves the
Chief Secretary, if satisfied that a prima facie case has been made
out, shall refer the petition to the Court, and, if the Chief Secretary
be not so satisfied, he may dismiss the petition.

(iii) Where any such petition is referred by the Chief Secretary
to the Court and it is proved to the satisfaction of the Court that
the reasonable requirements of the public with reference to the
invention to which the grant relates have not been satisfied, the
grantee may be ordered by the Court to grant licenses on such
terms as the Court may think just, or, if the Court is of opinion
that the reasonable requirements of the public will not be satisfied
by the grant of licenses, the grant may be revoked by the order of
the Court.

Provided that an order of revocation shall not be made before
the expiration of three years from the date of the grant, or if the
grantee gives satisfactory reasons for his default.

(iv) On the hearing of any petition under this section the grantee
and any person claiming an interest in the grant as exclusive licensee
or otherwise shall be made parties to the proceeding, and the Legal
Adviser or such advocate as he may appoint shall be entitled to
appear and be heard.

(v) For the purposes of this section the reasonable requirements
of the public shall not be deemed to have been satisfied —

(a) if by reason of the default of the grantee to manufacture
to an adequate extent and sujjply on reasonable terms
the article to which the grant relates or any parts thereof
which are necessary for its efficient Morking, or to carry
on the process to which the grant relates to an adequate
extent or to grant licenses on reasonable terms, any
existing trade or industry or the estabhshment of any
new trade or industry in the Federated Malay States is
unfairly prejudiced or the demand for the article to
which the grant relates or the article produced by the
process to which the grant relates is not reasonably met ; or

608 No. 19 OF 1914.

(6) if any trade or industry in the Federated Malay States is
unfairly prejudiced by the conditions attached b}^ the
grantee before or after the passing of this Enactment to
the purchase, hire, or use of the article to which the grant
relates or to the using or working of the process to which
the grant relates.

(vi) An order of the Court directing the grant of any license
under this section shall, without prejudice to any other method of
enforcement, operate as if it were embodied in a deed granting a
license and made between the parties to the proceeding.

Eevocation'of 26. (i) Revocation of a grant of exclusive privileges may be
^"^^^ ■ obtained on petition to the Court.

(ii) It shall be a ground for revocation under this section if it be
proved

(a) that the invention in respect whereof the grant was made

was not at the time of making the application therefor
a new invention or that it is of no utility ; or

(b) that the grantee was not the inventor thereof and in addi-

tion thereto either that the petitioner was the inventor
or that the inventor has dedicated or made known the
invention to the public or has acquiesced in the public
use thereof ; or

and define the nature of the invention or in what manner
the same is to be carried out ; or

(d) that the grantee has fraudulently inserted in the application

for exclusive privileges or specification as part of his
invention something which was not new or whereof he
was not the inventor ; or

(e) that the grantee has wilfully made a false statement in his

application for exclusive j^rivileges or specification ; or

(/) that some part of the invention or the manner in which
that part is to be carried out as described in the specifica-
tion is not thereby sufficiently described and defined and
that such defect or insufficiency was fraudulent and is
injurious to the public ; or

(g) that the grantee has committed a breach of any special
condition on which the grant of exclusive privileges was
made or extended ; or

(h) that the grant of exclusive privileges or the mode in which
it is exercised is mischievous to the Federated Malay
States or any of them or generally prejudicial to the public
interests,
(iii) A petition for revocation of a grant may be presented

(a) by the Legal Adviser or any person authorized by him ; or

(b) by any person alleging

(1) that the grant was obtained in fraud of his rights
or of the rights of any person under or through
whom he claims ; or

INVENTIONS. 609

(2) that he, or any person under or through whom he

claims, was the inventor of any invention included
in the claim of the grantee ; or

(3) that he, or any person under or through whom he

claims an interest in any trade, business, or manu-
facture, had publicly manufactured, used, or sold
in the United Kingdom or in any j)ossession or
dependency thereof or in the Federated Malay
States before the date of the grant anything
claimed by the grantee as his invention.

(iv) Notice of proceedings under this section shall be served on
the gcantee and on all persons w^hose names are entered in the book
prescribed to be kept under Section 29 as having any interest in the
grant in respect of which the proceedings are taken, and it shall
not be necessary to serve such notice on any other persons.

(v) Every revocation of a grant under this section shall be
notified to the Chief Secretary by the Court decreeing the revoca-
tion.

27. A grantee may at any time by written notice to the Chief surrender of
Secretarj^ offer to surrender his grant and the Chief Secretary may, s^ant.

if after giving notice of the offer and hearing all parties who desire
to be heard he thinks fit, accept the offer and thereupon make an
order for the revocation of the grant.

28. (i) There shall be kept at the office of the Chief Secretary Register of
a book called the register of grants of exclusive privileges, wherein slants.
shall be entered the names and addresses of grantees, notifications

of assignments and of transmissions of grants, of licenses under
grants and of amendments, extensions, and revocations of grants
and such other matters affecting the validity or proprietorship of
grants as may be prescribed.

(ii) The registers kept under Section 20 of each of the Enactments
hereby repealed shall be incorporated with and form part of the
register of grants of exclusive privileges under this Enactment.

(iii) The register of grants of exclusive privileges shall be prima
facie evidence of any matters by this Enactment directed or
authorized to be entered therein or incorporated therewith.

(iv) Copies of deeds, licenses, and any other documents affecting
the proprietorship in any grant or in any license thereunder shall
be supplied to the Chief Secretary for filing in his office.

29. A book shall be kept in the office of the Chief Secretary (such Address for
book to be open to inspection without fee) wherein every jDcrson re^rded"*^*
leaving a specification shall cause to be entered some place in the
Federated Malay States where service of any notices, orders, or
proceedings relating to such specification or to any grant of exclu-
sive privileges connected therewith may be made ; and all persons
in whom any interest in such specification or grant may from time
to -time be vested shall cause to be entered in the said book their
names together with the name of some place in the Federated Malay
States for the service of such notices, orders, and proceedings as

ri-39

610

No. 19 OF 1914.

Action for
infringement.

Hearing with
assessor.

aforesaid. Every such notice, order, or proceeding shall be deemed
sufficiently served on any such person if a copy thereof be sent by
post to the place entered in such book or (if any other place be
substituted for the same by entry in the said book) the place last
substituted or be delivered to any person resident at or in charge
of such place ; and in any case where such service cannot be effected
or a place for service is not so entered as aforesaid, service may be
effected in such manner as may be directed by the Court where
the notice, order, or proceeding issues under the authority of the
Court or otherwise by the Chief Secretary.

30. An action may be maintained in the Court by a grantee
against any person who during the continuance of any exclusive
j)rivileges granted under this Enactm.ent in respect of an invention
shall without the license of the said grantee make, use, sell, or put
in practice the said invention or who shall counterfeit or imitate
the same.

31. (i) In an action or proceeding for infringement or revocation
of a grant the Court may, if it think lit, and shall on the request of
either of the parties to the proceeding, call in the aid of an assessor
specially qualified and try the case whollj'' or partially with hi&
assistance.

(ii) The Court of Api^eal may, if it think fit, in any proceeding,
before it call in the aid of an assessor as aforesaid.

(iii) The remuneration, if any, to be paid to an assessor under
this section shall be determined by the Court or the Court of Appeal ^
as the case may be, and be paid from public funds.

32. Every ground on which a grant of exclusive privileges may
be revoked under this Enactment shall be available by way of
defence to an action for infringement,

33. A defendant in an action for infringement of a grant, if
entitled to present a petition to the Court for the revocation of the
grant, may without presenting such a petition apply, in his written
statement of defence to the action, for the revocation of the grant,

34. A grantee shall not be entitled to recover any damages in
respect of any infringement of a grant made after the commencement
of this Enactment from any defendant Avho proves that at the date
of the infringement he was not aware, nor had reasonable means of
making himself aware, of the existence of the grant.

Provided that nothing in this section shall affect any proceedings-
for an injunction,

35. In an action for infringement of a grant the Court may on
the ajaplication of either j^arty make such order for an injunction,
inspection or account and impose such terms and give such directions
respecting the same and the j^roceedings thereon as the Court may
see fit.

of*^oumiiess"^*^ 36- Where any person claiming to be the grantee of exclusive

pro^elurnL-"'^' P^^'vileges in rcspect of an invention by circulars, advertisements, or

otherwise threatens any other person with any legal proceedings.

Defences to
action for
infringement.

I'ower to

defendant,

in an action for

infringement,

to apply for

revocation.

Exemption of
innocent
infringer from
liability for
clamaj^es.

Onlcr for
inspection, etc.,
in action.

INVENTIONS. 611

or liability in respect of any alleged infringement of the grant., any
person aggrieved thereby may bring an action against him and
may obtain an injunction against the continuance of such threats
and may recover such damage (if any) as he has sustained thereby,
if the alleged infringement to which the threats related was not in
fact an infringement of an}^ legal rights of the person making such
threats :

Provided that this section shall not apply if the person making
such threats with due diligence commences and prosecutes an action
for infringement of his grant.

37. Subject to the express terms of the grant, where, after the Grant to two or
commencement of this Enactment, a grant is made to two or more j^Ll^tiyf"^^""^
persons jointly, each of such persons shall, subject to any contract

to the contrary, be entitled to use the invention for his own profit
without accounting to the others but shall not be entitled to grant
a license without their consent, and, if any such person dies, his
interest in the grant shall devolve on his legal representative.

38. (i) The Chief Secretary shall, in proceedings relating to an costs and
opjDosition to the granting of exclusive privileges or to an application costg^*^^ '°''
for the amendment of a sj^ecification, have power by order to award

to any party such costs as he may consider reasonable and to
direct how and by what parties they are to be paid, and any such
order may by leave of the Court be enforced izi the same manner
as a decree to tlie same effect.

(ii) If a party giving notice of opposition to the making of a
grant or to the amendment of a specification neither resides nor
carries on business in the Federated Malay States, the Chief Secre-
tary may require such party to give security for costs of the
proceedings and in default of such security being given may treat
the proceedings as abandoned.

39. (i) An invention covered by a grant shall not be deemed provisions as to
to have been anticipated by reason only of its publication in a anticipation.
provisional specification of any date not followed by a complete
specification.

(ii) A grant shall not be held to be invalid by reason only of the
invention in respect of which the grant was made, or any part
thereof, having been published prior to the date of the grant, if the
grantee proves to the satisfaction of the Court that the publication
was made without his knowledge and consent and that the matter
published was derived or obtained from him and, if he learnt of
the iDublication before the date of his apjilication for the grant,
that he applied for and obtained protection for his invention Avith
all reasonable diligence after learning of the publication.

40. A grant shall not be held to be invalid on the ground that the Disconfonnity.
complete specification claims a further or different invention to

that contained in the provisional specification, if the invention
therein claimed, so far as it is not contained in the provisional
specification, was novel at the date when the complete specification
was put in and the applicant was the inventor thereof.

612

No. 19 OF 1914.

Grant on
application of
representative
of deceased
inventor.

Los? or destruc-
tion of grant.

Power of Chief
■Secretary to
delegate.

Trust not to be
entered in
registers.

Inspection of
and extracts
from registers.

Privilege of
reports of
examiners.

41. (i) If the person claiming to be inventor of an invention dies
without making an appKcation for a grant of exclusive privileges
in respect of the invention, application may be made by, and a
grant of exclusive privileges in respect of the invention granted to,
his legal representative.

(ii) Every such application must contain a declaration by the
legal representative that he believes such deceased person to be the
inventor of the invention,

42. If a grant is lost or destroyed or its non-production is
accounted for to the satisfaction of the Chief Secretary, the Chief
Secretary may at any time sign and seal a duplicate thereof.

43. (i) Any act or thing directed or authorized by this Enactment
to be done by or to the Chief Secretary may be done by or to any
officer or officers authorized by the Chief Secretary in that behalf
by notification in the Gazette.

(ii) Such authority may be given to any officer either by name or
by virtue of his office, and any such authority may be general or
restricted to particular acts or things and may in any case be
restricted to particular areas, as the Chief Secretary may think fit,
and may be revoked by the Chief Secretary hy notification in the
Gazette.

(iii) Any act or thing done in pursuance of authority given under
this section shall have the same effect as if it had been done by or
to the Chief Secretary, as the case may be, and the office of any
officer so authorized shall for the purposes of such acts or things be
deemed to form part of the office of the Chief Secretary.

44. There shall be paid in respect of grants and applications
therefor and in respect of other matters relating to exclusive privi-
leges under this Enactment the fees set out in the third schedule
or such other fees, whether in addition to or substitution for the
said fees or any of them, as may be from time to time prescribed
by the Chief Secretary by rule under Section 58.

45. There shall not be entered in any register kept under this
Enactment or be receivable by the Chief Secretary in respect of any
invention any notice of any trust expressed, implied or constructive.

46. Every register kept under this Enactment shall at all con-
venient times be open to the inspection of the public, subject to the
provisions of this Enactment and to such rules as may be made
thereunder ; and certified copies, sealed with the official seal of
the Chief Secretary, of any entry in any such register shall be given
to any person requiring the same on payment of the prescribed fee.

47. Reports of examiners made under this Enactment shall not
in any case be published or be open to jjublic inspection and shall
not be liable to production or inspection in any legal proceeding,
unless the Court or officer having power to order discovery in such
legal proceeding certifies that such production or inspection is
desirable in the interests of justice and ought to be allowed.

INVENTIONS. 613

48. Where an application for a grant of exclusive privileges in prohibition of
respect of an invention has been abandoned or become void, the j^awfngsretc.,
specifications and drawings (if any) accompanying or left in con- where appii*a-
nection with such application shall not, save as otherwise expressly etc
provided by this Enactment, at any time be open to public inspection

or be published by the Chief Secretary.

49. The Chief Secretary may, on request in writing accompanied Power for chief
by the prescribed fee — correct clerical

, . , . . ... , . errors.

(a) correct any clerical error m or m connection with an applica-
tion for a grant or in any grant or any specification ;

{b) correct any clerical error in the name or address of a grantee
or in any other matter which is entered in the register
of grants.

50. (i) Where a person becomes entitled by assignment, trans- Entry of
mission, or other operation of law to a grant, the Chief Secretary a?d"""^^" ^
shall, on rec^uest and on jH'oof of title to his satisfaction, register ^gtisterf'""^ '"*
him as grantee.

(ii) Where a person becomes entitled as mortgagee, licensee, or
otherwise to any interest in a grant, the Chief Secretary shall, on
request and on proof of title to his satisfaction, cause notice of
the interest to be entered in the register of grants.

(iii) The jierson registered as grantee shall, subject to the pro-
visions of this Enactment and to any rights appearing from the
register to be vested in any other person, have power absolutely to
assign, grant licenses as to, or otherwise deal with, the grant and
to give effectual receipts for any consideration for any such assign-
ment, license, or dealing : Provided that any equities in respect
of the grant may be enforced in like manner as in respect of any
other movable property,

51. (i) The Court may, on the application by way of motion of Rectification of
any person aggrieved by the non-insertion in or omission from the courts ^
register of grants of any entry or by any entry made in such register
without sufficient cause or by any entry wrongly remaining in such

register or by an error or defect in any entry in such register, make
such order for maldng, expunging, or varying such entry as it may
think fit.

(ii) The Court may in any proceeding under this section decide
any question that it may be necessary or expedient to decide in
connection with the rectification of a register.

(iii) Notice of any application under this section shall be given
to the Chief Secretary, who shall have the right to appear and be
heard thereon either in person or by advocate.

(iv) Any order of the Court rectifying the register shall direct
that notice of the rectification be served on the Chief Secretary,
who shall upon the receipt of such notice rectify the register
accordingly.

52. Where any discretionary power in respect of applications for Exercise of
grants or for amendment of specifications is by or under this po^'er^bj^afief
Enactment given to the Chief Secretary, he shall not exercise that secretary.

614

No. 19 OF 1914.

Evidence before
Chief Secretary.

Certificate of
Cliief Secretary
to be evidence.

power adversely to the applicant for a grant or for amendment of
a specification without (if so required within the prescribed time
by the applicant) giving the applicant an opportunity of being
heard.

53. (i) Subject to rules under this Enactment, in any proceeding
under this Enactment before the Chief Secretary the evidence shall
be given by affidavit or statutory declaration in the absence of
directions to the contrary ; but, in any case in which the Chief
Secretary thinks it right so to do, he may take evidence viva voce
in lieu of or in addition to evidence by affidavit or declaration or
allow any declarant to be cross-examined on his affidavit or
declaration.

(ii) In case any part of the evidence is taken viva voce, the Chief
Secretary shall, in respect of requiring the attendance of witnesses
and taking evidence on oath or affirmation, be in the same position
in all respects as a Magistrate exercising civil jurisdiction.

54. A certificate purporting to be under the hand of the Chief
Secretary as to any entry, matter, or thing which he is authorized
by this Enactment, or any rules made thereunder, to make or do
shall be 'prima facie evidence of the entry having been made and
of the contents thereof and of the matter or thing having been done
or left undone.

Certified copies 55. Printed or written copies or extracts purporting to be certified
as true copies and sealed with the official seal of the Chief Secretary,
of or from grants, specifications, and other documents in the custody
of the Chief Secretary under this Enactment and of or from registers
and other books in such custody shall be admitted in evidence in
all Courts in the Federated Malay States and in all proceedings
without further proof or production of the originals.

56. Any application, notice, or other document authorized or
required to be left, made, or given at the office of or to the Chief
Secretary or to any other person under this Enactment may be
sent by post.

57. (i) If any person is, by reason of infancy, lunacy, or other
disability, incapable of making any declaration or doing anything
required or permitted by or under this Enactment, the guardian
or committee (if any) of the person subject to the disability, or,
if there be none, any person appointed by any Court possessing
jurisdiction in respect of his property, may make such declaration
or a declaration as nearly corresponding thereto as circumstances
permit and do such thing in the name and on behalf of the person
subject to the disability.

(ii) An appointment may be made by the Court for the purposes
of this section upon the petition of any person acting on behalf of
the person subject to the disability or of any other person interested
in the making of the declaration or the doing of the thing.

58. (i) The Chief Secretary may from time to time, by notifica-
tion in the Gazelle, make rules, not inconsistent with the provisions
of this Enactment, with regard to —

Applications
and notices by
post.

Declaration by
infant, lunatic,
etc.

Kules.

INVENTIONS.

615

■(a) the furnishing of samples and specimens of matters referred

to in specifications ;
(h) the making or requiring duplicates of specifications, drawings,

and other documents ;

(d) the time and manner at, within, or in which any act or thing

is to be done under this Enactment ;

(e) rescinding, altering, or adding to the forms and fees con-

tained in the second and third schedules and the times

for the payment of fees ;
and generally for giving effect to the provisions of this Enactment,
(ii) Rules made and published under this section shall whilst
in force be of the same effect as if they were contained in this
Enactment.

59. If any person makes or causes to be made a false entry in Falsification of
any register kept under this Enactment or a wTiting falsely pur-
porting to be a copy of an entry in any such register or produces
or tenders or causes to be produced or tendered in evidence any
such writing knowing the entry or writing to be false, he shall be
punishable with fine not exceeding one thousand dollars or with
imprisonment of either description for a term not exceeding two
years or with both.

First Schedule.

ENACTMENTS REPEALED.

State.

No. and year.

Short title.

Perak . . [ Order in Council [ Inventions Order in Council, 1896

2 of 1896
Selangor . . Regulation 5 of ,, Regulation, 1896

1896
N. Sembilan Order in Council ,, Order in Council, 1896

4 of 1896
Pahang . . Enactment 5 of ,, Enactment, 1897

1897

Second Schedule.
FORM A.
" The Inventions Enactment, 1914."
APPLICATION FOR GRANT OF EXCLUSIVE PRIVILEGES.
I (or we) (a) do hereby declare that I am (or we are) in

possession of an invention the title of which is (b)

(a) Here insert
(in full) name,
address, and
calling of
applicant or
applicants.

(h) Here insert
title o£ invention.

616

No. 19 OF 1914.

(,-) In the case that (c) claim to be the inventor . . thereof ; and that the

a^Tucant^Ttate^ Same is not in use by any other person or persons to the best of

here who is or
are the inventor
or inventors.

((f) To be
signed by
applicant or
applicants. In
• the case of a
rirm, each
member of the
Firm must sign.

» To be signed
by applicant or
applicants.

my (or our) knowledge and belief ; and I (or we) pray that a grant
of exclusive privileges may be made to me (or us) for the said
invention.

Dated the day of , 19. . (rf)

To the Chief Secretary to Government,

Federated Malay States,

Kuala Lumpur.

Note. — The form on the back hereof should be signed by the applicant
or applicants.

{To he printed on the hack.)

I (or we) hereby request that all notices, requisitions, and com-
munications in respect of the within application may be sent to
at

Dated the day of , 19. . *

FORM B.

"The Inventions Enactment, 1914."

APPLICATION FOR GRANT OF EXCLUSIVE PRIVILEGES
FOR INVENTION COMMUNICATED FROM ABROAD.

(a) Here insert
{in full} name,
address, and call-
ing of applicant
or applicants.

(b) Here insert
title of invention.

I (or we) (a) of .

do hereby declare that I am (or

(d) To be
Bigned by
applicant or
applicants.

we are) in possession of an invention the title of which is (6) ,

which invention has been communicated to me (or us) by (c)

that I (or we) claim to be the inventor. . thereof ; and that the
same is not in use within the United Kingdom of Great Britain
and Ireland or any possession or dependency thereof or in the
Federated Malay States by any other person or persons to the
best of my (or our) knowledge and belief ; and I (or we) pray that
a grant of exclusive privileges may be made to me (or us) for the
said invention.

Dated the day of ,19.. (d)

To the Chief Secretary to Government,

Federated Malay States,

Kuala Lumpur.

Note. — The form on the back hereof .should be signed by the applicant or
applicants.

INVENTIONS.

617

{To he printed on the hack.)

I (or Ave) hereby request that all notices, requisitions, and
communications in respect of the within application may be sent to
at

Dated the day of , 19. .

* To be signed
by applicant or
applicants.

FORM C.
" The Inventions Enactment, 1914."
PROVISIONAL SPECIFICATION.

Iq\ (a) Here insert

^ ' title verbally

agreeing with
that in the
application
form.

I (or we) (b) do hereby declare the nature of this invention (?,) Here insert;

(in full) name,
address, and
calling of
applicant or
applicants as io
application
form.

to be as follows : (c) (,) Here begin

description of
, the nature of

the invention.
The continu-
ation of the
specification
should be upon
wide-ruled
paper of the
same size, on
one side only,
with a margin
of one inch and
a half on the
left hand part
of the paper.
The specifica-
tion must be
signed at the
end, and dated
(thus) : " Dated
the day of

,191 ."•

FORM D.

" The Inventions Enactment, 1914."
COMPLETE SPECIFICATION.

(a)

(a) Here insert
title verbally
agreeing with
that in the
application
form.

I (or Ave) (h) do hereby declare the nature of this invention, (&) Here insert

(in full) name,
address, and
calling of
applicant or

and in Avhat manner the same is to be performed, to be particularly applicants as in

•■■ -t^ - application

form.

618

No. 19 OF 1914.

(c) Here beffin
full description
of invention.
The continu-
ation of the
specification
should be upon
wide-ruled
paper of the
same size, on
one side only,
with a martrin
of one inch and
a half on the
left hand part
of the paper.
The completion
of the descrip-
tion should be
followed by the
words :

" Havinsj now
particularly
described and
ascertained the
nature of my
(or our) said
invention and
in what manner
the same is to
be performed,
I (or we)
declare that
w hat I (or we)
claim is : " after
which should
be written the
claim or claims
numbered con-
secutively. The
specification
must be signed
at the end and
•dated (thus) :
" Dated the
■day of ,

191 ."

described and ascertained in and by the following statement
(c)

FORM E.

" The Inventions Enactment, 1914."

GRANT OF EXCLUSIVE PRIVILEGES.

Whereas of has (or have) presented to the Chief

Secretary to Government, Federated Malay States, an application
No. for a grant of exclusive privileges under ''The Inventions'
Enactment, 1914," in respect of his (or their) invention entitled

and has (or have) filed a specification No and done all

things necessary under the said Enactment to be done in order to
the making of a grant of exclusive privileges :

It is hereby ordered that the said his (or their) executors

administrators, and assigns shall, subject to the restrictions, con-
ditions, and provisions hereunder written, have the exclusive privilege
of making, using, and selling the said invention in the said specifica-
tion described within the Federated Malay States for the term of
fourteen years from the date hereof in terms of and subject to the
provisions of " The Inventions Enactment, 1914." Provided that
if there shall be any default in the payment of any fees by law
required to be paid in respect of this grant or in respect of any matter
relating thereto at the time or times and in manner for the time being

INVENTIONS. 619

by law provided this grant and all privileges and advantages what-
ever hereby granted shall determine and become void.

RESTRICTIONS, CONDITIONS, AND PROVISIONS.

Signed and sealed by the Chief Secretary to Government,

Federated Malay States, at Kuala Lumpur this dav of ,

19..

Signature

FORM F.

'■ The Inventions Enactment, 1914."

APPLICATION FOR CERTIFICATE OF PAYxMENT OR
RENEWAL.

I (or we) hereby transmit the fee prescribed for the continuation
in force of * grant No , of 1 .... for a further period « Here insert

y-)f name of grantee.

It is requested that the certificate of payment or renewal be sent
to the address hereunder written :

Namef + Here insert

name and full

Address address to

which certiS-

To the Chief Secretary to Government, cateistobe

Federated Malay States,

Kuala Lumpur.

FORM G.

" The Inventions Enactment, 1914."

CERTIFICATE OF PAYMENT OR RENEWAL.

Grant No of 1

This is to certify that did this day of 19. . ,

make the prescribed payment of 8 in respect of a period of

from and that by virtue of such payment the rights of

the grantee remain in force.* » g^^ ^^^^.^^^ ^^

O" J. of " The Inven-

Signature tions Enact-^

Chief Secretary to Government.

FORM H.

" The Inventions Enactment, 1914."

APPLICATION FOR GRANT OF EXCLUSIVE PRIVILEGES
IN RESPECT OF AN ADDITION.

I (or we) (a) do herebj' declare that I am (or we are) (a) Here insert

(in fuir) name,
address, and
calling of
applicant or
applicants.

620

No. 19 OF 1914.

(h) Here insert
title of inven-
tion.

* To be signed
by applicant or
applicants.

in possession of an invention the title of which is (b) that

in use by any other person or persons to the best of my (or our)
knowledge and belief, and that the said invention is an improvement
in or modification of my (or our) invention in respect of which a

grant of exclusive jsrivileges was applied for on the , and

numbered , [for which J^^ the applicant. .] [of which

^—^ the grantee . . J ; and I (or we) pray that a grant of exclusive
privileges may be made to me (or us) for the said invention, and
request that the term limited in such further grant for the duration
thereof be the same as that of the original grant, or so much of
that term as is unexpired.

(d) To be signed
loy applicant
or applicants.
In the case of a
Finn, each
member of the
Firm must
sign.

Dated the day of .

19.

id).

To the Chief Secretary to Government,

Federated Malay States,

Kuala Lumpur.

Note. — The form on the back hereof should be signed by the apphcant
or applicants.

{To be printed oh the back.)

I (or we) hereby request that all notices, requisitions, and
communications in respect of the within application may be sent
to at

Dated the ...... day of , 19 . .

Third Schedule.

FEES.

On application for grant accompanied by provisional

specification .. .. .. .. .. .. .. S 5-00

On filing complete specification thereafter . . . . . . 20 . 00

On application for grant accompanied by complete specifica-
tion

For extension of time for leaving complete specification, not
exceeding one month

For extension of time for acceptance of complete
specification, not exceeding one month

Do., two months

Do., three months

On notice of opposition to grant : by opponent

On hearing by Chief Secretary : by applicant and opponent,
respectively . .

On signature and sealing of grant

25.00

10.00

20,

,00

30.

.00

INVENTIONS. 621

For extension of time for signature and sealing of grant, not

exceeding one month . . . . . . . . .. $10.00

Do., two months 20.00

Do., three months 30.00

On certificate of renewal, before the expiration of the 7th

year from the date of the grant . . . . . . . . 50 . 00

For enlargement of time for payment of renewal fee, not

exceeding one month . . . . . . . . . . 10 . 00

Do., two months 20.00

Do., three months . . . . . . . . . . .. 30.00

On application for extension of term of grant . . . . 5 . 00

On notice of opf)osition to extension of term of grant, by

opponent . . . . . . . . . . . . . . 1 . 00

On hearing by Chief Secretary : by applicant and opponent

respectively . . . . . . . . . . . . . . o . 00

On extension of term of grant, for each year of extension. . 5.00
On filing copy of order whereby the term of a foreign patent

or grant is extended, for each year of extension . . . . 5.00

On application for restoration of lapsed grant . . . . 50 . 00

On notice of opposition to application for restoration of

lapsed grant, by opponent . . . . . . . . . . 2.00

On hearing by Chief Secretary : by applicant and opponent

respectively . . . . . . . . . . . . . . 5 . 00

On application to amend specification :

before grant ; by aj)plicant . . . . . . . . 5 . 00

after grant ; by grantee .. .. .. .. ..10.00

On notice of opposition to amendment : by opponent . . 1 . 00
On hearing by Chief Secretary : by applicant and opponent

respectively . . . . . . . . . . . . . . 5 . 00

On application to the Chief Secretary for a compulsory

license, by applicant .. .. .. .. .. 5.00

On offer to surrender a grant . . . . . . . . • • 5 . 00

On hearing by Chief Secretary : by applicant and opponent

respectively . . . . . . . . . . . . • • 5 . 00

For altering name or address in register . . . . . . 1 . 00

On request to enter in register name of subsequent grantee

or notice of interest or notification of a document . . 2 . 00
On request to Chief Secretary to correct a clerical error

before signing and sealing of grant . . . . . • 1 . 00

Do., after signing and sealing of grant . . . . . . 5.00

For certificate of Chief Secretary under Section 54. . . . 1 .00

For dui^licate of grant .. .. .. .. •• ..10.00

On notice of order of Court for amendment of specification

or rectification of register . . . . . . . . • • 2 . 00

For search or inspection . . . . . . . . . • .50

For copies from register, every 100 words but never less than

50 cents . . . . . . . . . . . . . . .15

For certifying coi)ies, each . . . . . . ... • • .50

ENACTMENT NO. 20 OF 1914.

Short title and
commence-
ment.

Interpretation.

Duty on
property of
cori)orate or
unincorporate
bodies.

An Enactment to impose a duty on the property of Bodies
Corporate and Unincorporate.

Arthur Young,

President of the Federal Council.

[10th December, 1914.
16th December, 1914.]

It is hereby enacted by the Rulers of the Federated Malay States in
Council as follows : —

1. This Enactment may be cited as " The Corijorations Duty
Enactment, 1914," and shall come into force on the publication
thereof in the Gazette.

2. In this Enactment^

'■ Collector " means in any State the officer appointed under the
" StamjD Enactment, 1897," to be Collector ;

" Body unincorporate " includes every unincorporated company,
fellowship, society, association, and trustee or number of trustees to
or in whom respectively any movable or immovable property belongs
in such manner or is vested upon such permanent trusts that the
same is not liable to duty on the affidavit for the Collector on ajsplica-
tion for grant of probate or letters of administration ;

" Accountable officer " means every treasurer, receiver, secretary,
or other officer, trustee, or member of a body corporate or unincorpo-
rate by whom the annual income or profits of property in respect
whereof duty is chargeable under this Enactment shall be received
or in whose possession or under whose control the same shall be.

3. There shall be levied and paid in each State to the Government
thereof in respect of all movable and immovable property in such
State which shall have belonged to or been vested in any body
corporate or unincorporate during the year ending on the 31st day of
December, 1915, or during any subsequent year ending on the 31st
day of December a duty at the rate of three per centum upon the
annual income or profits of such property accrued to such body
corporate or unincorporate in the same year after deducting there-
from all necessary outgoings including the receiver's remuneration
and costs, charges, and expenses properly incurred in the manage-
ment of such property.

Provided that the following classes of property shall be exempt
from such duty —

(rt) Proj)erty which or the income or profits whereof shall be
legally appropriated and applied within the Federated
Malay States or the Colony for the benefit of the public
at large or of any district, township, or place or the
inhabitants or rate-payers thereof or in any manner
expressly prescribed by Enactment.
G22

CORPORATIONS DUTY. 623

(b) Property which or the income or profits whereof shall be

applied to any religious, educational, or charitable purpose
within the Federated Malay States or the Colony.

corporate or unincorporate established for any trade or
business or being the property of a body whose capital
stock is so divided and held as to be liable to be charged
with stamp duty on affidavits for the Collector.

(d) Property M'hich or the income or profits whereof shall be

applied to the relief of any persons who shall have resided
for not less than three j^ears in the Federated Malay States
or in the Colony or of any dependents of such persons.

4. The duty hereby imposed shall be collected by means of stamps Duty to be
and shall in each State be under the care and management of the coiiecton^*'
Collector who by himself and his officers shall have the same powers

and authorities for the collection and management thereof as are
vested in them for the collection and management of the stamp
duty on affidavits for the Collector on applications for grant of
probate or letters of administration and shall have all other powers
and authorities requisite for carrying this Enactment into execution.

5. Subject to the jirovisions of any other Enactment, the duty Duty to be a
hereby imposed shall be a first charge on all the property in respect [hfpropenv!''
whereof the same is payable while such property remains in the jios-

session or under the control of the body corporate or unincorporate
chargeable Avith such duty or of any person or persons acquiring
the same with notice of any such duty being in arrear, and every such
body corporate or unincorporate and every accountable officer shall
to the full extent thereof be liable for tlie payment of the duty
charged thereon.

6. (i) Every body corporate or unincorjDorate chargeable with the Account of
duty hereby imposed shall on or before the 31st day of March in the SeHverp^ u;"'^
year 1916 and in every subsequent year deliver or cause to be Collector.
delivered to the Collector for the State wherein is situate any
property in respect whereof any such duty is payable a full and true
account of all such property and of the gross annual income or

profits thereof accrued to the same body in the year ended on the
preceding 31st day of December and of all deductions claimed in
respect thereof, whether by relation to any of the before-mentioned
exemptions from such duty or as necessary outgoings.

(ii) The account shall be made in such form and shall contain all
such particulars as the Collector shall by any general or special notice
require or as shall be necessary or proper for enabling him fully and
correctly to ascertain the duty due, and every accountable officer
hereinbefore made liable for payment of duty in respect of any
property chargeable under this Enactment shall be liable also for the
deliver}' to the Collector of such full and true account as aforesaid
of and relating to such property.

7. Every accountable officer shall be at liberty to retain or raise Power for
out of any moneys of any body corporate or unincorporate which offieel-s t'o retain
shall be held by him or shall come to his hands the full amount of all moneys for

i-i^iiii 1 •! cii pavmeni of

moneys which he shall pay or nave paid on account of the duty duty.

624

No. 20 OF 1914.

Power to the
Collector to
assess duty
according to
accounts
rendered or to
obtain other
accounts.

Penalties for
not delivering
accounts and
for non-pay-
ment of duty.

Powers o£
Collector.

hereby imposed and all reasonable expenses incident to such
payment.

8. (i) It shall be lawful for the Collector in any State to assess the
duty upon the footing of any account rendered to him or, if dis-
satisfied with such account or in the event of no account being
rendered, to cause an account to be taken by any person or persons
appointed by himself for that purpose and to assess the duty on
the footing of such last mentioned account, subject to appeal by
petition to the Supreme Court.

(ii) If the duty so assessed shall exceed the duty assessable
according to the account rendered to the Collector and with which
he is dissatisfied and if no appeal is preferred against such assessment,
then it shall be in the discretion of the Collector, having regard to
the merits of each case, to charge the whole or any part of the
expenses incident to the taking of such last mentioned account on
any funds liable to such duty as an addition thereto and part thereof
and to recover the same accordingly ; but if an appeal is preferred
against such assessment, then the j)ayment of such expenses shall
be in the discretion of the Court.

(iii) The duty shall be payable immediately after the assessment,
notwithstanding any appeal therefrom ; provided that in the event
of the amount of the assessment being reduced by the order of the
Court the difference in amount shall be repaid Avith such interest
(if any) as the Court may allow.

9. (i) Every body corporate or unincorporate and every account-
able officer hereby required to deliver to the Collector for any State
any such account as aforesaid and wilfully neglecting so to do on or
before the 31st day of March in any year shall forfeit to the Govern-
ment of such State the sum of five hundred dollars and also shall be
liable to pay to the said Government double the amount of duty
chargeable and the same shall be a debt due to the said Government.

(ii) Every body corporate or unincoi'porate and every accountable
officer hereby required to pay any duty and wilfully neglecting to do
so for a space of one month after the same has become payable shall
forfeit to the Government of the State to which such duty is due the
sum of five hundred dollars and also shall be liable to pay to the said
Government double the amount of duty chargeable and the same
shall be a debt due to the said Government.

10. (i) The Collector for any State may at any time require
written accounts and statements and answers to enquiries relating
to any movable or immovable property in such State to which this
-Enactment applies from any person being in respect of such property
an accountable officer or being in the beneficial receipt of any funds
thereof or of any income therefrom or in the possession or occupation
or having the management of any such property as aforesaid or
having the j)ossession, custody, or control of any document con-
cerning any such property.

(ii) The Collector may require any such person as aforesaid to
attend before him at such reasonable times and places as the
Collector may appoint for the purpose of being examined in relation

corporations' duty. 625

to any property to which this Enactment applies and to answer such
questions as may be put to him and to produce upon such examina-
tion any document in his custody or power relating to such property
and may examine upon oath or affirmation any such person and
may for the purposes of such examination administer oaths and
affirmations.

(iii) Any person refusing or wilfully neglecting to comply with
any requisition or order of the Collector made under the provisions
of this section or destroying or withholding any document required
to be produced by him shall be guilty of an offence and liable on
conviction to a fine not exceeding two hundred dollars and, if after
such conviction the offence be continued, to a fine not exceeding
fift}^ dollars for each day during which the offence is so continued.

11. In the case of any proceeding in the Supreme Court for the court to pro-
administration of any property chargeable with duty under this ment^ofdufyin
Enactment the Court shall provide out of any such property in its administration

C&S6S

possession or control for the paj^ment of the duty to the Collector.

11-40

ENACTMENT NO. 22 OF 1914.

As amended by Fed. E. 26 of 1915.

An Enactment to make provision for matters relating to-
Advocates and Solicitors.

Arthur Young, [10th December, 1914.

President of the Federal Council. 16th December, 1914.]

It is hereby enacted by the Rulers of the Federated Malay States in
Council as follows : —

Short title, 1. (i) This Enactment may be cited as "The Advocates and

and^ep"'"*' SoHcitors Enactment, 1914," and shall come into force in the States,
of Perak, Selangor, and Negri Sembilan upon the publication thereof
in the Gazette and in the State of Pahang on such day as shall be
fixed for that purpose by the Chief Secretary to Government by
notification in the Gazette.

(ii) Upon the coming into force of this Enactment the Enactments-
mentioned in the schedule shall be repealed to the extent specified in
the fourth column thereof.

Interpretation. 2. In this Enactment, unless the context otherwise requires —

" Advocate and Solicitor " means an advocate and solicitor of the
Suj)reme Court ;

" Client " includes any person who, as principal or on behalf of
another person, retains or employs or is about to retain or employ
an advocate and solicitor and any person who is or may be liable to
pay the bill of costs of an advocate and solicitor ;

" Judicial Commissioner " means a Judicial Commissioner sitting
in Chambers and includes, in cases where he is emjiowered to act, the
Registrar ;

"Registrar" means the Registrar of the Supreme Court and
includes, except in Sections 3, 4, and 11, an Assistant Registrar ;

" The Court " means the Supreme Court or a Judicial Commis-
sioner when sitting in open Court.

THE ROLL AND CERTIFICATES TO PRACTISE.

3^011 of 3. There shall be kept in each of the Federated Malay States a

solicitors^ *" Roll of the advocatcs and solicitors of the Supreme Court, with the
dates of their respective admissions, and there shall be entered upon
such Roll in order the name with date of admission of everj^ person
admitted. The admission of any person shall be forthwith notified
by the Registrar at Kuala Lumpur to the Assistant Registrars, for
entry in the Rolls in their custody.

G26

ADVOCATES AND SOLICITORS.

627

4. (i) It shall be the duty of every advocate and solicitor, every Certi^^^cate to
year before he does any act in the capacity of an advocate and
solicitor, to deliver to the Registrar a note in writing, stating his full
name and the full names of each of his partners (if any) and of any
advocate and solicitor of the Supreme Court in his employ ; and,
upon payment of the proper duty, each of the persons mentioned in
such note shall be entitled to a certificate authorizing him to practise
in the Federated Malay States.

(ii) The certificate shall be issued by the Registrar at Kuala
Lumpur and shall be in force from the date of issue to the end of the
year ; but any certificate taken out during the month of January
shall be deemed to have been in force from the first day of the month.

(iii) Any person who shall practise as an advocate and solicitor in Penalty.
the Federated Malay States, who

(a) has not a certificate in force authorizing him to practise ; or

(b) is in partnership with a person not having such a certificate ;

Federated Malay States, not having such a certificate ;
shall be guilty of an offence and shall be liable to a fine not exceeding
five hundred dollars, and he shall not, nor shall anj^ firm of advocates
and solicitors in which he is a partner, be entitled to recover any
costs, fee, reward, or disbursement incurred during the time when he,
or any other person as aforesaid, has not had a certificate to practise.

(iv) Nothing in this section shall apply to the Legal Adviser to
the Government of the Federated Malay States or to any person
acting under his authority.

(v) An offence under this section shall be punishable before the
Court of a Magistrate of the First Class.

CONTROL OF ADVOCATES AND SOLICITORS AND
STRIKING THEM OFF THE ROLL.

5. Advocates and solicitors shall be subject to the control of the Po^^^r to
Supreme Court and shall be liable, on due cause shewn, to be strike os the
suspended from practice for any period not exceeding two years or
struck off the Roll.

Eoll.

Such due cause may be shown by proof —

(a) that such person has been convicted of a criminal offence
implying a defect of character which unfits him for his
profession ; or

(6) that such person has been guilty of fraudulent or grossly
improper conduct in the discharge of his jjrofessional
dutj^ ; or

(c) that such person has been adjudicated bankrupt and has
been guiltv of anv of the acts or omissions mentioned in
Section 28^11) {aUb) (r) (d) {e) (/) (h) or (i) of " The Bank-
ruptcy Enactment, 1912 "' ; or

628 No. 22 OF 1914.

{d) that such person has tendered or given or consented to the
retention, out of any fee payable to him for his services,
of any gratification for having procured the employment
in any legal business of himself or any other qualified
person ; or

(e) that such person has directly or indirectly procured, or
attempted to procure, the employment of himself or any
other qualified person through or by the instruction of
any person to whom any remuneration for obtaining such
employment has been given by him or agreed or promised
to be so given ; or

(/) that such person carries on by himself, or any person in his
employment, the business of an auctioneer or employs
any person as his clerk who carries on business as an
auctioneer ; or

(g) that such person allows any clerk or other unqualified person
to undertake or carry on legal business in his name, such
other person not being under such direct and immediate
control of his principal as to ensure that he does not act
without jjroper supervision ; or

{h) that such person has done some other act which would
render him liable to be disbarred or suspended or struck
off the Rolls of the Court, if a barrister or solicitor in
England.

Procedure in 6. Applications that an advocate and solicitor may be suspended

misconduct from practice or that he be struck off the Roll shall be by motion
by advocates for an ordcr calling upon the advocate and solicitor to shew cause.

and solicitors. . i-i-pij_i i ixxi

An application lor an order to shew cause may be made to the
Court in its ordinary jurisdiction and shall be returnable before the
Chief Judicial Commissioner and at least one Judicial Commissioner.

Copy of affidavit 7. A copy of the affidavit upon which the order was granted
Ivit'ifordM-^'i shall be served with the order upon the advocate and solicitor
shew cause. named in the order.

Service personal 8. If the advocatc aiid soHcitor named in the order shall be or is
al'wfsJucitor bclicved to be within the Federated Malay States, the provisions of
within the "The Civil Procedure Code, 1902," for service of summons shall

iMaiay States, apply to the scrvicc of the order ; but if the advocate and solicitor
plocedu^-e shall not be within the Federated Malay States, the Court may

ej parte. glvc sucli directions for the service of the order, or for notice thereof,

as it shall think fit or may proceed to make the order absolute ex
parte ; but any order absolute, made in cases where personal
service of the order to shew cause has not been effected, may be
set aside on the application of the advocate and solicitor on good
cause being shewn ; any such application shall be made to a Court
of two Judicial Commissioners of whom the Chief Judicial Com-
missioner shall be one.

Account by 9. Where the relationship of solicitor and client exists or has

Boilc'iton *"'^ existed, a summons may be issued by the client or his representa-
tives for the delivery of a cash account or the payment of moneys
or the delivery of securities, if the advocate and solicitor has made

ADVOCATES AND SOLICITORS. 629

default in such delivery or payment for the period of seven days
after written notice has been served on him requiring him to make
such delivery or payment, and the Court or a Judicial Commissioner
may from time to time order the respondent to deliver to the
applicant a list of the moneys or securities which he has in his
custody or control on behalf of the applicant or to bring into Court
the whole or any part of the same within such time as the Court
or a Judicial Commissioner may order. In the event of the
respondent alleging that he has a claim for costs, the Court or a
Judicial Commissioner may make such provision for the payment
or security thereof or the protection of the respondent's lien (if
any) as the Court or a Judicial Commissioner may think fit.

10. If during the taxation of any bill of costs or the taking of interim
any account between an advocate and solicitor and a client it shall ^^^ ^^*^^ ®*
appear to the Registrar that there must in any event be moneys

due from the advocate and solicitor to the client, the Registrar
may from time to time make an interim certificate as to the amount
so payable by the advocate and solicitor. Upon the filing of such
certificate the Court or a Judicial Commissioner may order the
moneys so certified to be forthwith paid to the client or brought
into Court,

BAR COMMITTEE.

11. Whenever the number of the advocates and solicitors prac- Election of Bar
tising in the Federated Malay States shall exceed ten, it shall be committee.
the duty of the Registrar at Kuala Lumpur in the month of January

in each j^ear to summon a meeting of the advocates and solicitors
practising in the Federated Malay States at a time and place to be
fixed by him. The senior advocate and solicitor present shall
preside at such meeting and the advocates and solicitors present
shall elect a Committee of five members and any Committee elected
by such meeting and certified by the chairman as elected shall be
deemed to be the Bar Committee of the Federated Malay States
until the next Committee has been appointed.

12. (i) It shall be the duty of the Bar Committee to appoint a Duty of Bar
secretary and to enquire into and, if they shall think it necessary, Committee.
make representations to the Court with regard to the character of
persons desiring to be admitted to the Roll of advocates and
solicitors and to enquire into and, if they shall think it necessary,

make reports to the Court with regard to any complaints against
the conduct of any advocate and solicitor which may be brought
before it.

(ii) The Court or a Judicial Commissioner may order any person
to appear before a Bar Committee on an enquiry under this section
and to bring and produce before it such books, papers, and writings
as are specified in the order. Every such j^erson shall accordingly
attend before the Committee and shall produce the books, papers,
and writings specified in the order according to the tenor of such
order and shall be legally bound to tell the truth.

(iii) In Sections 193 and 228 of the Penal Code the words
" judicial proceeding " shall be held to include any enquiry under

630

No. 22 OF 1914.

Power to fiU up
racancies.

Names to be
published iu
Gazette.

Eight to appear
before Supreme
•Court.

Meetings and
procedure.

this section, and in the last mentioned of such sections the words
" public servant " shall be taken to include a member of the Bar
Committee taking part in such enquiry as aforesaid.

13. The Bar Committee shall have power to fill up any vacancy
which may be caused by death or resignation during its year of
office.

14. The names of the Bar Committee elected and of any persons
appointed to fill any vacancies shall be published in the Gazette.

15. The Bar Committee shall have the right to appear before the
Court by any of its members, or by other advocates and solicitors,
on any application for admission to the Roll of advocates and
solicitors or for suspension from practice or for striking off the
said Roll.

16. The Bar Committee may meet from time to time for the
transaction of business or otherwise and may make rules of proce-
dure and may fix a quorum.

L'eave to
managing
clerk to appear
in Chambers.

\ PRIVILEGES OF ADVOCATES AND SOLICITORS.

Exclusive rii-ht 17. (i) Advocatcs and solicitors shall, subject to the provisions
to appear and ^f ^^iy written law, have the exclusive right to appear and plead
in all Courts of Justice in the Federated Malay States, according
to the law in force in such Courts.

(ii) Nothing herein contained shall prevent any litigant in person
or any person having a right to appear under '' The Civil
Procedure Code, 1902," or any other written law from attending,
pleading, and doing any act with regard to any proceeding in which
he is a litigant in person or in which he has a right to appear.

18. A Judicial Commissioner may, if he shall think fit, on the
application of any advocate and solicitor or firm of advocates and
solicitors, allow any person certified by him or them to be a bond
fide managing clerk in his or their employment to appear before
the Judicial Commissioner or Registrar in Chambers on behalf of
such advocate and solicitor or firm. Such permission shall only
extend to the said clerk while in the employ of the particular
advocate and solicitor or firm and during the pleasure of such
Judicial Commissioner.

19. Any person, other than an advocate and solicitor, who shall

(a) act as an advocate and solicitor, or .

{b) except as provided by the Code of Civil Procedure in force
for the time being, in the Supreme Court on behalf of any
other person apply for any surmnons or process or in any
Court on behalf of any other person commence, carry on, or
defend any suit or other proceeding, or,

(c) wilfully and falsely pretend to be, or take or use any name,
title, addition, or description implying that he is, duly
qualified to act as an advocate and solicitor or that he
is recognized by law as so qualified,

Unqualified
person
practising or
holding
himself out as
an advocate and
solicitor.

E. 30 of 1'J15.

ADVOCATES AND SOLICITORS. 631

shall be guilty of an offence and be liable to a fine not exceeding five
hundred dollars.

Sectioa 20
reiiealed by

21. (i) The provisions of Section 19 do not extend to the Legal ^'pfic^atio^n'^of
Admser to the Government of the Federated Malay States or any seotioaia.
person acting under his authority. E.26ofi9i5.

(ii) All offences under Section 19 shall he punishable before a Jurisdiction.
Magistrate of the First Class.

REMUNERATION OF ADVOCATES AND SOLICITORS
BY AGREEMENT.

22. It shall be lawful for an advocate and solicitor to make an Agreement as to
agreement in writing with his client respecting the amount and remuneration.
manner of payment for the whole or any part of his costs in respect

of business done or to be done bj^ such advocate and solicitor either
by a gross sum or by commission or j^ercentage or salary or other-
wise, and either at the same or at a greater or at a less rate as or
than the rate at which he would otherwise be entitled to be
remunerated ; but every such agreement shall be subject to the
provisions and conditions contained in Sections 23 to 33, inclusive.

23. Such an agreement as is mentioned in the last preceding Saving of
section shall not affect the amount of, or any rights or remedies for tuirrpa^rtfes
the recovery of, any costs recoverable from the client by any other ^ient entered
person or payable to the client by any other person, and any such into.
other person may require any costs paj'able or recoverable by

him to or from the client to be taxed according to the rules for
the time being in force for the taxation of such costs, unless such
person has otherwise agreed ; provided that the client who has
entered into such agreement shall not be entitled to recover from
any other person, under any order for the payment of any costs
which are the subject of such agreement, more than the amount
payable by the client to his own advocate and solicitor under the
same.

24. Such an agreement shall be deemed to exclude any further Agreement
-claim of the advocate and solicitor beyond the terms of the agree- f^the/ciaim.
ment in respect of any services, fees, charges, or disbursements in
relation to the conduct and completion of the business with reference

to which the agreement is made, except such services, fees, charges,
or disbursements (if any) as are expressly excepted by the
agreement.

25. A provision in any such agreement that the advocate and Reservation of
solicitor shall not be liable for negligence, or that he shall be relieved [or''n"g/i^en^e.
from any responsibility to which he would otherwise be subject as

such advocate and solicitor, shall be wholly void.

26. No action or suit shall be brought or instituted upon any Enforcing
such agreement, but every question respecting the validity or effect asreements.
of any such agreement may be examined and determined and the
agreement may be enforced or set aside without suit or action, on
summons, motion, or petition of any person or the representatives

^of any person a party to such agreement or being or alleged to be

632

No. 22 OF 1914.

Power to set
aside improper
agreements.

Re-opening
after payment.

Agreement by
guardian or
trustee.

liable to pay or being or claiming to be entitled to be paid the costs,
fees, charges, or disbursements in respect of which the agreement
is made, by the Court or a Judicial Commissioner.

27. Upon any such summons, motion, or petition as aforesaid,,
if it shall appear to the Court or Judicial Commissioner that such
agreement is in all respects fair and reasonable between the parties,
the same may be enforced by such Court or Judicial Commissioner
by rule or order in such manner and subject to such conditions
(if any) as to the costs of such summons, motion, or petition as
such Court or Judicial Commissioner may think fit ; but, if the
terms of such agreement shall not be deemed by the Court or
Judicial Commissioner to be fair and reasonable, the same may
be declared void, and the Court or Judicial Commissioner shall
thereupon have power to order such agreement to be given up to
be cancelled and may direct the costs, fees, charges, and disburse-
ments incurred or chargeable in respect of the matters included
therein to be taxed in the same manner and according to the same
rules as if such agreement had not been made ; and the Court or
Judicial Commissioner may also make such order as to the costs of
and relating to such summons, motion, or petition and the pro-
ceedings thereon as to the Court or Judicial Commissioner may
seem fit.

28. When the amount agreed for under any such agreement has
been paid by or on behalf of the client or by any person chargeable
with or entitled to pay the same, the Court or a Judicial Commis-
sioner may, on application by the person Avho has paid such amount
within twelve months after payment thereof, if it appears to the
Court or Judicial Commissioner that the special circumstances of
the case require the agreement to be re-opened, re-open the same
and order the costs, fees, charges, and disbursements to be taxed
and the whole or any portion of the amount received by the advo-
cate and solicitor to be repaid by him on such terms and conditions
as to the Court or Judicial Commissioner may seem just.

29. Where any such agreement is made by the client in the
capacity of guardian or of trustee under a deed or will or of
committee of any person or persons whose estate or property M'ill
be chargeable with the amount payable under such agreement or
with any part of such amount, the agreement shall before payment
be laid before the Registrar, who shall examine the same and may
disallow any part thereof or may require the direction of the Court
or a Judicial Commissioner to be taken thereon by summons, motion,
or petition, and if in any such case the client pay the whole or any
part of the amount payable under the agreement without the
previous allowance of the Registrar or Court or Judicial Commis-
sioner as aforesaid, he shall be liable at any time to account to
the person whose estate or property is charged with the amount
paid, or with any part thereof, for the amount so charged, and, if
in such case the advocate and solicitor accept payment without
such allowance, any Court which would have had jurisdiction to
enforce the agreement may, if it think fit, order him to refund the
amount so received by him under the agreement.

ADVOCATES AND SOLICITORS. 633

30. Nothing in this Enactment shall give validit}' to an}' purchase Certaio stipuia-
by an advocate and solicitor of the interest or any part of the "aiidatea.
interest of his client in any suit, action, or other contentious pro-
ceeding to be brought or maintained or to give validity to any
agreement by which an advocate and solicitor retained or employed

to prosecute any suit or action stipulates for payment of any sum
only in the event of success in such suit, action, or proceeding.

31. Nothing in this Enactment shall give validity to any Contracts void
disposition, contract, settlement, conveyance, delivery, dealing, or not vaUda^teZ
transfer which may be void or invalid against the Official Assignee

under the jDrovisions of any laws relating to bankruptcy.

32. Where an advocate and solicitor has made an agreement with Death of
his client in pursuance of the provisions of this Enactment and soiIc°tor\fter
anj^thing has been done by such advocate and solicitor under the agreement.
agreement and. before the agreement has been completely performed

by him, such advocate and solicitor dies or becomes incajDable to
act, an aj^plication may be made to the Court by any party thereto,
or b}' the representatives of anj- such party, and the Court shall
thereupon have the same jDower to enforce or set aside such agree-
ment, so far as the same may have been acted upon, as if such
death or incapacity had not happened ; and the Court, if it shall
deem the agreement to be in all respects fair and reasonable, may
order the amount due in respect of the past performance of the
agreement to be ascertained by taxation, and the Registrar in
ascertaining such amount shall have regard, so far as may be, to
the terms of the agreement, and pajmient of the amount found to
be due may be enforced in the same manner as if the agreement
had been completely performed b}' the advocate and solicitor.

33. If, after any such agreement as aforesaid shall have been Change of
made, the client shall change his advocate and solicitor before the soildtorlfter
conclusion of the business to which such agreement shall relate agreement,
(which, subject to the provisions of any written law, he shall be

at liberty to do notwithstanding such agreement), the advocate
and solicitor party to such agreement shall be deemed to have
become incapable to act under the same within the meaning of the
last preceding section and. ujion any order being made for taxation
of the amount due to such advocate and solicitor in respect of the
past performance of such agreement, the Court shall direct the
Registrar to have regard to the circumstances under which such
change of advocate and solicitor has taken place, and upon such
taxation the advocate and solicitor shall not be deemed entitled to
the full amount of the remuneration agreed to be paid to him
unless it shall appear that there has been no default, negligence,
improper delay, or other conduct on his part affording reasonable
ground to the client for such change of advocate and solicitor.

ASSIGNMENT OF ADVOCATES AND SOLICITORS
IN SUITS BY PAUPERS.

34. Where any person has made application to the Court for Reference to
permission to sue as a pauper under Chapter XXVI of "■ The Civil soiIc°itor*for'^
Procedure Code, 1902," the Court may, if it sees no reason to refuse consideration;
the application on any of the grounds stated in Section 379 of that appear,™^'^

634

No. 22 OF 1914.

No fee to be
taken.

Advocate and
solicitor may
not refuse to
act.

Ko fee or
reward to be
taken or sought.

Notice of
motion,
summons, or
petition to be
signed by
advocate and
solicitor.

Duty of
advocate and
solicitor.

Costs of pauper.

Charges on
sums recovered
by pauper.

Pauper appeals.

Code and is satisfied of the poverty of the applicant, refer the
question of the merits of his case to an advocate and solicitor for
consideration, and upon the applicant producing a certificate signed
by such advocate and solicitor that he has considered the case and
believes him to have good cause of action the Court may, if it
permits the applicant to sue as a pauper, appoint an advocate and
solicitor to appear for him.

35. No fee shall be taken by an advocate and solicitor to whom
an application is referred under Section 34.

36. Where an advocate and solicitor is appointed to appear for
a person admitted to sue as a pauper, such advocate and solicitor
shall not be at liberty to refuse to act and appear unless he satisfies
the Court or a Judicial Commissioner that he has some good reason
for refusing.

37. Whilst a person sues as a pauper, no person shall take or
agree to take or seek to obtain from him any fee, profit, or reward
for the conduct of his business in the Court, and any person who
takes or agrees to take or seeks to obtain any such fee, profit, or
reward shall be guilty of a contempt of Court.

38. No notice of motion shall be served or summons issued and
no petition shall be presented on behalf of any person admitted to
sue as a pauper, if an advocate and solicitor has been assigned to
him, except for the discharge of such advocate and solicitor, unless
it has been signed by his advocate and solicitor.

39. It shall be the duty of the advocate and solicitor assigned to
a person admitted to sue as a pauper to take care that no notice is
served or summons issued or petition presented without good cause.

40. The Court or a Judicial Commissioner may order costs to be
paid to a person admitted to sue as a joauper, and such costs shall,
unless the Court or Judicial Commissioner shall otherwise order,
be taxed as in other cases.

41. When costs have been awarded to be paid to a pauper, the
costs allowed to his advocate and solicitor (if any are so allowed)
shall, subject to the provisions of Section 383 of " The Civil Pro-
cedure Code, 1902," be a first charge upon any sums recovered by
him in the action ; and, when any sum has been recovered by him
and not applied in payment of the fees of Court referred to in the
said section, the Registrar shall be at liberty to refuse to allow
any further proceedings on behalf of such pauper to be taken in
such action until the sum recovered has been applied in pajouent
of such fees.

42. The provisions of Sections 34 to 41, inclusive, shall apply
mutatis mutandis to pauper appeals, where such appeals are lawful.

RECOVERY OF AND TAXATION OF COSTS.

Interpretation 43. The expression " advocate and solicitor " in Sections 44 to

^Si "Ik^itor " •■^^' ii^clusive, shall include the legal representatives of any advocate
in ,<evtions 14 to and Solicitor deceased, and if the advocate and solicitor dies pending
**• the proceedings an order may be obtained ex parte to revive the

proceedings against his representatives.

ADVOCATES AND SOLICITORS. 635

44. In every case in which an advocate and solicitor shall be charge oa
employed to prosecute or defend any action in any Court it shall reco^^edor
be lawful for the Court before which any such action has been preserved.
heard or shall be depending to declare such advocate and solicitor
entitled to a charge upon the property recovered or preserved, and,

upon such declaration being made, such advocate and solicitor
shall have a charge upon and against and a right to payment out
of the property, of whatsoever nature, tenure, or kind the same
may be, which shall have been recovered or preserved through the
instrumentality of such advocate and solicitor, for the taxed costs,
charges, and expenses of or in reference to such suit, matter, or
proceeding ; and it shall be lawful for such Court or a Judicial
Commissioner to make such order or orders for taxation of and
for raising and payment of such costs, charges, and expenses out
of the said property as to such Court or Judicial Commissioner shall
appear just and proper ; provided that no such order shall be
made in any case in which the right to recover payment of such
costs, charges, and expenses is barred by the provisions of any
Enactment.

45. No advocate and solicitor, except by leave of the Court, shall ^'o action for

. , . J.- r iU r r fees until one

commence or maintain any action tor the recovery or any tees, montiiaaer

charges, or disbursements for any business done by him until the delivery of biu.

expiration of one month after he shall have delivered to the party

to be charged therewith or sent by post to or left with him at his

office or place of business, dwelling-house, or last known place of

abode a bill of such fees, charges, and disbursements, which bill

shall either be signed by such advocate and solicitor (or in the case

of a partnership by any of the partners either with his own name

or with the name or style of such partnership), or be enclosed in or

accompanied bv a letter, signed in like manner, referring to such

bill.

46. The Court may authorize an advocate and solicitor to com- court mar
mence an action for the recovery of his fees, charges, or dis- beforTe^tra-"^
bursements and also refer his bill of fees, charges, and disbursements ^oQ°i^°"fer
for taxation by the Registrar, although one month shall not have aeiirery of bm.
expired from the delivery of the bill, upon proof to its satisfaction

that any party chargeable therewith is about to quit the State in
which such advocate and solicitor practises or to have a receiving
order made against him or to take any other steps or do any other
act which in its opinion would tend to defeat or delaj- such advocate
and solicitor in obtaining payment.

47. An order for the taxation of a bill of costs delivered b}' anj' order for
advocate and solicitor may be obtained on a petition of course by deUvered°biii of
the party chargeable therewith, or b}' any person liable to pay the costs.
same either to the party chargeable or to the advocate and solicitor,

at any time within six months from the deliver}^ of such bill or
by the advocate and solicitor after the expiration of one calendar
month and within a year from such delivery. The order shall
contain such directions and conditions as the Court may think
proper, and any party aggrieved by any such order of course may
apply by summons in Chambers that the same may be amended
or varied.

636

No. 22 OF 1914.

Costs of order
for taxation
fixed at $5.

After six
mouths from
delivery or
after payment
special

circumstances
to be shewn
for taxation.

Petitions for
taxation to
contain a
submission

to pay.

Order of
delivery of
bill of costs to
be obtained as
of course.

Advocate and
solicitor to
deliver copy of
bill of costs.

Interest on
disbursements
and advances.

Costs of
taxation how
to be borne.

48. The costs of obtaining an order for taxation of costs, includ-
ing petition of course, order and service of order but not including
any Court fees payable thereon or disbursements, if the same shall
be obtained by the advocate and solicitor of the applicant, or by
the advocate and solicitor, shall be the sum of five dollars.

49. After the expiration of such six months from the delivery
of a bill of costs, or after payment of the same, no order shall be
made for taxation of the bill of costs of an advocate and solicitor,
except upon notice to the advocate and solicitor and under special
circumstances to be proved to the satisfaction of the Court.

60. All petitions by a party chargeable with or liable for a bill of
costs shall, unless the same shall have been already paid, contain
a submission by such party to pay the amount thereof to such
advocate and solicitor when taxed.

51. An order for the delivery of the bill of costs of an advocate
and solicitor and for delivery up of any deeds, documents, or other
papers in the possession of such advocate and solicitor, subject to
any lien which such advocate and solicitor may have, and for the
taxation of such bill when delivered may be obtained on a petition
of course ; and, upon such petition being filed, the Registrar will
mark the order thereon forthwith and draw up the order if necessary.

52. When application is made by a party other than the party
chargeable, the Court may order the advocate and solicitor to
deliver to the party making the ai^plication a copy of the bill upon
payment of the costs of making such coj)}'.

53. The Registrar may allow interest, at such rate and from such
time as he thinks just, on moneys disbursed by an advocate and
solicitor for his client and on moneys of the client in the hands of
the advocate and solicitor and improperly retained by him.

54. In case any order for taxation is made upon the application
of the party chargeable or liable or of the advocate and solicitor,
the costs of such order and taxation, except when the order has
been made after the expiration of one year, are to be paid according
to the event of such taxation, that is to say, if the bill when taxed
be less by a sixth part than the bill delivered, then the solicitor is
to pay such costs, and if the bill when taxed is not less by a sixth
part, then the party chargeable or liable, if such application is
made by him or if he attends the taxation, is to pay such costs ;
and every order for such reference is to direct the Registrar to tax
the costs of such reference and to certify what, upon such reference,
shall be found to be due to or from such advocate and solicitor in
respect of such bill and of the costs of such reference (if payable),
but the Registrar is to be at liberty to certify specially any circum-
stances relating to such bill or taxation and the Court is to be at
liberty to make thereupon any such order as it may think right
respecting the payment of the costs of such taxation ; but where
such reference is made, when the same is not authorized except
under special circumstances, the Court is to be at liberty to give
any special directions relative to the costs of such reference.

ADVOCATES AND SOLICITORS.

637

The Schedule.
ENACTMENTS REPEALED.

State.

No. and
year.

Short title.

Extent of repeal.

Perak

13 of 1905

The Courts Enact-

1 The words '• and

ment, 1905

the suspending

Selangor . .

15 of 1905

Do.

them from ijractice
or striking them

Negri

1 off the Rolls "

Sembilan

15 of 1905

Do.

contained in
sub-section (ii) of

Pahang . .

13 of 1905

Do.

Section 67.

ENACTMENT NO. 23 OF 1914.

Short title and

commence-

roent.

Eepeal and
saving of
existing rules
and licenses.

Interpretation.

An Enactment to repeal and re-enact the " Petroleum
Enactments, 1897/' being the Law relating to the
Carriage and Storage of Petroleum and other In-
flammable Oils and Liquids.

Arthur Young,

President of the Federal Council.

[10th December, 1914.
16th December, 1914.]

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

1. (i) This Enactment may be cited as " The Petroleum Enact-
ment, 1914," and shall come into force upon the publication thereof
in the Gazette.

(ii) Upon the coming into force of this Enactment the Enact-
ments specified in the schedule hereto shall be repealed to the
extent mentioned in the fourth column of the said schedule, but all
rules, by-laws, orders, and appointments made and licenses issued
under any Enactment hereby repealed which were in force immedi-
ately prior to the commencement of this Enactment shall, so far as
may be consistent with the provisions of this Enactment, be deemed
to have been made and issued under this Enactment.

2. The expression "the licensing authority" means the person
or persons hereby empowered to issue licenses.

The word " petroleum " as used in this Enactment shall include
the liquids commonly known by the names of rock oil, Rangoon
oil, Burma oil, kerosene, paraffin oil, petroleum, gasoline, benzol,
benzoline, benzine and any like inflammable liquid, whether a
natural product or one that is made from petroleum, coal, schist,
shale, peat, or any other bituminous substance, or from any products
thereof.

The word "place" includes houses, buildings and vehicles and
boats and ships of every size and kind ; but not a ship merely
touching at or discharging cargo in any port or harbour of the
Federated Malay States, or a ship of war, or a ship belonging to
the Government of the Straits Settlements, or to the Government
of the Federated Malay States or any State of the Federated
Malay States.

The expression " dwelling house " shall include all buildings
appurtenant thereto.

The word " case " shall mean a case containing not more than
eight gallons, and when used of petroleum in bulk shall mean eight
gallons.

638

PETEOLEUM.

639

The expression " local steam vessel " shall mean any steam vessel
plying between any of the ports of the Federated Malay States or
of the Straits Settlements or plying to or from any place in the
Straits of Malacca — that is to say, any place in the Malaj^ Peninsula
from Junk Ceylon on the north to Point Romania on the south,
including the adjacent islands ; and any place on the east coast
of Sumatra from Acheen Head on the north to Banka Straits on
the south, including adjacent islands ; and to or from any place
on the south and west coasts of Borneo from Tanjong Sambar to
Sarawak, including adjacent islands ; and to and from any place
on the east coast of the Malay Peninsula from Petani in the north
to Point Romania in the south, including adjacent islands ; and
to and from any of the islands in the Johore Archipelago.

3. (i) After the coming into force of this Enactment no person a limited quan-
shall without a license to be issued as hereinafter is provided, keep p'etroiemnmay
in or about any place in the Federated Malay States any larger i^ekept.
quantity of petroleum, in

(a) any building situate not less than one hundred yards distant

from any dwelling house —

than twenty cases not containing more than eight
Imperial British gallons in each case, or one
hundred and sixty gallons in all ; in

(b) any other place —

than four cases not containing more than eight Imperial
British gallons in each case, or thirty-two gallons
in all.

Nothing in this section shall aj)ply to any petroleum in course of
transit in any railway, boat, shijD, or cart, provided that no petroleum
shall be deemed to be in course of transit if it is allowed to remain
for more than two days in any one place.

(ii) It shall be lawful for any Sanitary Board in any State, as to Licenses in
places for the time being within the limits of its jurisdiction, and for ^^^^^^ '^^^^^'
the Resident of the State as to places outside such limits, if satisfied
that a larger quantity of petroleum than as above specified may be
safely kept in or about any place owing to efficient arrangements
having been made for storing the same, to grant licenses for keeping
such larger quantity according to the accommodation provided for
the same ; but so that no new license be granted by such Sanitary
Board for any quantity exceeding fifty cases without the concurrence
of the Resident of the State.

(iii) Such licenses may be granted, subject to such conditions as On conditions.
to the licensing authority may seem fit to secure that the place
licensed shall be used in a proper manner and without danger to
the public or to the persons or property of neighbours.

(iv) Every such license shall set out the quantity of petroleum ^^^™'"^'''
which may be kept, and the particulars of the accommodation made
for storing the same, and the conditions on which the license is
granted.

(v) The places licensed by a Sanitary Board shall be subject to subject to
such by-laws as shall from time to time be made by such Board and ^

640

No. 23 OF 1914.

Rules.

Duration and
fees for licenses.

Penalty.

Proviso for

cancelling

licenses.

Risht of appeal
to the Resident.

Application of
Enactment to
other in-
flammable oils
and liquids.

Standard ol
dansjcrous
petroleum to
be fixed by
Resident.

Dangerous

petroleum.

.S24

the places licensed by the Resident of the State shall be subject to
such rules as shall from time to time be made by the Resident of the
State.

(vi) All licenses shall expire on the 31st December in each year, if
not sooner cancelled, and the fees shall be paid therefor to the
licensing authority according to the following scale :

For a license for twelve months for any quantity not
exceeding fifty cases . . . . . . . . . . $6

For a license for twelve months for any quantity exceed-
ing fifty cases but not exceeding five thousand

For every additional five thousand cases or part thereof
provided that licenses may be granted for a period not exceeding six
months at half the above fees.

4. The occupier of a place in which any petroleum shall be kept in
contravention of the provisions of Section 3, or in contravention of
the terms or conditions of any license issued under the same section,
shall be liable to a penalty not exceeding one hundred dollars a day
for each day during which such petroleum is so kept.

5. If at any time after the issue of any license under this Enact-
ment it shall be made to appear to the licensing authority that the
place licensed has become unfit for the purpose for which it was
licensed by reason of the increase of building or of population in its
neighbourhood, or that from any other cause any license should for
the public safety be cancelled, it shall be lawful for the licensing
authority to cancel such license.

6. Any person feeling aggrieved by any decision of any Sanitary
Board in giving, refusing, or cancelling any license under this Enact-
ment, may appeal to the Resident of the State, who shall have j)ower
to confirm, vary, amend, or disallow any such decision.

7. The Resident of a State may from time to time make, revoke,
and vary orders directing this Enactment, or any part thereof, to
apply to any inflammable oil or liquid, and specifying the quantity
(if any) of such inflammable oil or liquid which may be kept without
a license, and thereupon this Enactment, or the part thereof speci-
fied in the order, shall during the continuance of such order apply
to such inflammable oil or liquid, and shall be construed and have
effect as if throughout it such inflammable oil or liquid had been
included in the definition of petroleum hereinbefore contained.

8. All petroleum that shall not conform to a standard to be fixed
by order of the Resident of the State shall be deemed to be
dangerous, and it shall be lawful for the Resident of the State to fix
and determine from time to time the tests which shall be applied to
petroleum for the purpose of ascertaining whether it is dangerous or
not, and to notify the said tests by an order and from time to time
to alter, vary, amend, or add to any such order.

9. (i) Except as hereafter in this section is provided, no dangerous
petroleum within the meaning of the last jjreceding section shall be
kept within the limits of the Federated Malay States, or of any port

cargo.

PETROLEUM, 641

or harbour thereof, and any person knowingly keeping except as
aforesaid any dangerous petroleum within such limits shall be liable
to a penalty not exceeding fiv-e hundred dollars for each day or part
of a day during which such dangerous petroleum is so kept, and the
petroleum ma}" be seized and forfeited.

(ii) The Resident of a State may from time to time make, and
when made vary and revoke, rules prescribing the place or places
where, and the conditions and charges under which, dangei'ous
petroleum may be landed, transported, and stored in such State, and
any person guilty of any breach of or disobedience to any such rules
shall be liable to a penalty not exceeding five hundred dollars, and if
such breach or disobedience be of a continuing nature, to a penalty
not exceeding five hundred dollars for each day or part of a day
during which such breach or disobedience continues.

(iii) The liability to forfeiture of any petroleum seized under this
section may be determined b}' a Magistrate, who shall, on proof that
such petroleum is liable to forfeiture, condemn the same accordingly,
and such peti'oleum shall thereupon be disposed of or dealt with in
such manner as the Resident of the State directs.

10. (i) No petroleum shall be carried as deck cargo in any steam Restrictions

vessel unless^ »!*'' petroleum

when earned as

(a) The tins, cases, or drums containing the same are completely

covered during the whole of the voyage with a tarpaulin
covering ;

(b) There is a distance of not less than five feet clear between

such petroleum and the cooking galley, and not less than
four feet clear between such petroleum and the engine
room hatch or boiler casing of such steam vessel ;

(ii) No petroleum in naked tins shall be carried in the hold of
any local steam vessel unless such tins be stored in tiers not exceeding
eight in depth in a fixed properly ventilated water-tight compart-
ment in the forepart of the hold against the collision bulkhead and
not contiguous to any other cargo in that hold except jDctroleum in
cases or drums.

Provided also that nothing in this sub-section contained shall be
held to apply to a steam vessel carrying an entire cargo of petroleum
in cases and tins or iron drums, if such cargo be fenced off from the
boiler bulkhead by a second iron or steel bulkhead parallel thereto
and distant not less than twelve inches, the intervening space
being kept filled with water, and the holds properly ventilated by
ventilators from the bottom of the ship to above the awnings.

(iii) No naked flame shall be used or exposed in the hold of any
vessel where petroleum is carried as cargo.

And no work shall be carried on in any hold which contains
petroleum in any vessel in any harbour of the Federated Malay
States except by the light of day or electric light.

(iv) If any breach of this section is committed in the case of any
vessel the o\^Tier, charterer, master, and chin-chu shall each of them

11—41

642

No. 23 OF 1914.

Inspectors to
liave powers to
inspect and
test.

be deemed guilty of an offence, and for each offence be liable to a fine
not exceeding one thousand dollars.

(v) Nothing in this section contained shall be held to apply to
any tank steamer specially constructed for carrying petroleum in
bulk.

Inspectors to 11. It shall be lawful for the Resident of a State to appoint either

ancf to be*^ubiic permanently or temporarily fit and proper persons to be Inspectors

servants under under this Enactment and such Inspectors shall be deemed to be

Penal Code. public scrvants withiu the meaning of the Penal Code.

12. (i) It shall be lawful for the said Inspectors in the execution
of their duties to board all vessels arriving with petroleum, and to
inspect, examine, and test all petroleum on board such vessels, and in
like manner to inspect, examine, and test all petroleum stored in the
Federated Malay States, and for such purposes to take samples
thereof, and likewise to enter any place where they have reason to
believe that petroleum is kept in excess of the quantities allowed by
this Enactment.

(ii) It shall also be lawful for the said Inspectors, or for the
Harbour Master, or any police officer not below the rank of Sergeant,
to board any vessel coming within the provisions of Section 10 for
the purpose of ascertaining whether any breach of Section 10 is being
or has been committed in the case of such vessel.

13. Any person who shall refuse such Inspectors, Harbour Master,
or Police Officer access to any place or vessel, or shall otherwise
hinder them in the performance of their duty, or shall refuse or
neglect to give any information which may reasonably be required
of him and which he has it in his power to give, or which he is
required by this Enactment to give, shall be liable to a penalty not
exceeding two hundred and fifty dollars, and any person furnishing
as true information which he knows or has reason to believe to be
false shall be deemed guilty of an offence under Section 177 of the
Penal Code.

14. Every importer, consignee, or owner of any petroleum shall on
the arrival of the vessel containing such petroleum, or as soon there-
after as possible, notify to an Inspector the name of the vessel
containing the petroleum, together with such other particulars as
may be necessary to enable an Inspector to inspect such petroleum,
whereupon an Inspector shall as soon as possible after the receipt,
of such notification proceed to inspect such petroleum, and every
importer, consignee, or owner failing to notify such arrival as afore-
said shall be liable to a penalty not exceeding two hundred dollars.

15. In every case where an Inspector shall find that any j^etrolcum
imported into or stored within the Federated Malay States is danger-
ous within the meaning of Section 8 such inspector shall forthwith
give notice to the master or person having charge or command of the
vessel where such dangerous petroleum may be, or to the owner or
agent of the owner of such vessel, or to the owner, consignee, or
inij)orter of such petroleum, or to the proprietor, occupier, or person
in charge of the place where such petroleum may be stored, as the
case may be, that such petroleum is dangerous.

Penalty for

hindering

inspectors.

Importer to
notify arrival of
petroleum.

Inspectors to
give notice
what petrol'vni
is dangerous.

PETROLEUM.

643

16. Convictions for offences under this Enactment may be had convictions to
before a Magistrate, and all tines and penalties under this Enactment i<n,f^°i™w^ '
shall be recovered before a Magistrate in the manner provided by law recovered.
for the recovery of fines before Magistrates.

17. The powers of granting licenses vested in the Resident by this Delegation of
Enactment msiy be exercised by any person or persons thereunto ^°^^
authorized by him in writing.

18. (i) The Resident of a State may from time to time with the Rules.
approval of the Chief Secretary to Government make rules

(o) to prescribe fees and charges to be paid in respect of any
matter or thing authorized or required by or under this
Enactment to be done in respect whereof fees or charges
are not expressly imposed by the provisions of this
Enactment ;

(6) generally, to provide for the due carrjang out of the pro-
visions of this Enactment.

(ii) Any rules made in jiursuance of this section may impose a
fine for the breach of any such rule, but such fine shall not exceed one
hundred dollars for each offence, or in the case of a continuing offence
ten dollars for each day during which the offence continues, and shall
not be a minimum fine.

19. Any orders, rules, or by-laAvs made under this Enactment shall Euies, when
be published in the Gazette and shall thereupon have the same force °p^'^^^"'^-
as if enacted in this Enactment.

Schedule.
ENACTMENTS REPEALED.

State.

No. and

Short title.

Extent of

year.

repeal.

Perak

12 of 1897

The Petroleum Enactment,
1897

The whole

Selangor . .

6 of 1897

Do.

N. Sembilan

17 of 1897

Do.

Pahang . .

24 of 1897

Do.

}) • •

2 of 1912

The Petroleum Enactment,
1897, Amendment Enact-
ment, 1912

ENACTMENT NO. 25 OF 1914.

An Enactment to incorporate the Federated Malay States
Chamber of Mines.

Arthur Young,

President of the Federal Council.

[10th December, 1914.
16th December, 1914.

Short title and

commence-

meut.

Federated
Malay States
Chamber of
Mines to be a
body corporate.

Acquisition and
disposal of
property.

Objects of the
Chamber.

It is hereby enacted by the Rulers of the Federated Malay States
in Council as follows : —

1. This Enactment may be cited as " The Federated Malay States
Chamber of Mines Incorporation Enactment, 1914," and shall come
into force upon the publication thereof in the Gazette.

INCORPORATION.

2. The persons now members of the voluntary association known
as the Federated Malay States Chamber of Mines and all svich persons
as may hereafter become members of the body corporate hereby
constituted pursuant to the provisions of this Enactment or of
by-laws made thereunder shall be a body corporate by the name of
the " Federated Malay States Chamber of Mines " (hereinafter
referred to as " the Chamber ") and by the same name shall have
perpetual succession and shall and may have and use a common
seal with power to break, alter, and make anew the said seal from
time to time, as to the Chamber may seem fit, and by the same name
may sue and be sued in all Courts and in all manner of actions and
suits and may do all other matters and things incidental or apper-
taining to a body corporate.

3. The Chamber or any person on its behalf shall be entitled to
acquire any immovable property whatsoever or interests therein
now held by or belonging to the said voluntary association or by
or to any person on its behalf and also to acquire any additional
immovable property whatsoever and to hold all or any immovable
property which the Chamber is hereby authorized to acquire in
perpetuity or on lease or otherwise and from time to time to grant,
demise, alienate, mortgage, charge, or otherwise dispose of the
same or any part thereof.

OBJECTS.

4. The objects for which the Chamber is incorporated are :

(«) To acquire and take over and carry on the said voluntary
association at present known as the Federated Malay
States Chamber of Mines together with all the movable
and immovable property of every description vested in
or belonging to the said association or anv trustees on its
behalf.

644

CHAMBER OF MINES INCORPORATION.

645

(6) To protect and advance the general interests of the mining
community in Malaya, to collect, classify, and diffuse
mining information, to consider all questions connected
with the mining industry and promote public discussion
thereon, to institute, whenever necessary, a Court of
Arbitration for the purpose of adjusting disputes or
differences connected with the mining industry that
may be referred to its decision, to promote, support, or
oppose any legislative or other measures affecting the
mining industry in Malaya, and to communicate and
exchange information upon mining matters to and with
mining associations in the Federated Malay States and
elsewhere.

(c) To solicit and receive subscriptions and gifts of all kinds,
whether absolute or conditional, for the purposes of the
Chamber,

{(l) Generally to do all things necessary or expedient for the
proper and effective carrying out of any of the objects
aforesaid.

5. The income of the Chamber shall be applied solely towards Application of
the promotion of the objects of the Chamber as set forth in this '^*^'"^^-
Enactment and no portion thereof shall be paid or transferred
directly or indirectly b}^ way of dividend, bonus, or otherwise
howsoever by way of profit to any member of the Chamber ; pro-
vided that nothing herein contained shall prevent the payment in
good faith of remuneration to any officer or servant of the Chamber
or to any member thereof in return for services actually rendered
to the Chamber nor shall an}' thing herein contained be deemed to
prevent the Chamber from giving financial support to such charit-
able and other institutions and causes as may be thought proper.

MEMBERSHIP.

6. The members of the Chamber shall consist of Membership.

(a) President and Vice-Presidents, whether annual or for life ;

(b) Ordinary members, whether annual members or life mem-

bers ;

7. The President, Vice-Presidents, and ordinary, visiting, and Rights of
honorary members shall have such respective rights of attending '"'^" "*'
meetings of the Chamber and voting thereat and such other rights

and privileges as may be prescribed by the by-laws of the Chamber
in force for the time being.

8. (i) The ordinary members shall comprise any persons, other ordinary
Chambers of Mines, corporations, or companies connected with the '^^™^*^'^'*-
mining industry who or which may desire to join the Chamber and

shall have been duly elected as ordinary members thereof in
accordance with the by-laws of the Chamber in force for the time
being.

646

No. 25 OF 1914.

Visiting
members and
honorary
members.

Council of
managemeot.

Election of
President, Vice-
Presidents,
and council.

Powers of the
council.

By-laws.

Alteration
of by-laws.

Approval of
Chief Secretary
to Government
and publication
in the Gazette.

(ii) Membership, in the case of any other Chamber of Mines,
shall confer upon the individual members of such Chamber full
membership of the Chamber, including the right to be present at
all meetings of the Chamber and to vote individually.

9. The visiting members and honorarj^ members shall comprise
such persons as may have been admitted or elected as visiting
members or honorary members, respectively, in accordance with
the by-laws of the Chamber in force for the time being.

MANAGEMENT.

10. The management of the Chamber shall be vested in a council
consisting of the President and such number of Vice-Presidents
and ordinary members as shall be authorized by the by-laws of the
Chamber in force for the time being.

11. The President, the Vice-Presidents, and the council shall be
elected annually at the ordinary general meeting of the Chamber,
and the retiring President, Vice-Presidents, and members of the
council shall be eligible for re-election ; provided that no ordinary
member shall be eligible for election to the position of President,
Vice-President, or member of the council whilst holding any salaried
office under the Chamber. All casual vacancies in the post of
President or Vice-President or on the council shall be filled by the
council.

13. All the powers of the Chamber shall be vested in and be
exercisable by the council, except so far as the same are by this
Enactment or by the by-laws of the Chamber in force for the time
being expressly required to be exercised by the Chamber in general
meeting.

BY-LAWS.

13. The by-laws set forth in the schedule hereto shall be the
by-laws of the Chamber, subject to any revocation or alteration
thereof in manner hereinafter provided.

14. The by-laws or any of them may from time to time be.
revoked, altered, or added to by the Chamber in general meeting,
provided that due notice shall have been given to the members
of the Chamber of the proposed revocation, alteration, or addition.

15. No by-law not contained in the schedule hereto and no
revocation, alteration, or addition of or to any by-law shall come
into operation until the same shall have been approved by the
Chief Secretary to Government, Federated Malay States, and shall
have been published in the Gazette. A certificate of such approval
under the hand of the said Chief Secretary shall be conclusive
evidence of such approval.

The Schedule.

BY-LAWS.

Election of Ordinary Members.

L A candidate for admission to the Chamber as an ordinary
member shall make an application in the following form :

CHAMBER OF MINES INCORPORATION. 647

Federated Malay States Chamber of Mines,
application for membership.

^g (name in full) of (description) desire to

become a member of the Federated Malay States Chamber of Mines.

In the event of ™^ being elected, — hereby undertake to pay
an annual subscription of dollars ( S ) .

ij- have read the by-laws of the Chamber and now undertake

We "J we

to be subject to the said by-laws, or any other by-laws which may

be added to or substituted for the said by-laws, for so long as —

continue to be *,^^^ of the Chamber and to accept the ruling of

the council for the time being on all matters relating to the said
by-laws and on all other matters in respect whereof powers are by
the said by-laws vested in the council.

In witness whereof — have hereunto set "^.^^"^ this

we our hands

day of , 19. . .

Signed by in the presence of

Proposer

Seconder

A candidate must be proposed by one ordinary member and
seconded by another, and his name, address, and designation,
together with the names of his proposer and seconder, shall be
entered in a book to be kept by the Chamber for that purpose.

2. The secretary shall thereupon post on the notice board of
the Chamber a notice of the candidature giving the name of the
candidate and of his proposer and seconder.

3. One month after a candidate has been duly proposed and
seconded he shall become eligible for election.

4. The election of ordinary members shall be by ballot of the
members of the council, of whom not less than six shall record their
votes. One black ball in five shall exclude. Each member of the
council voting shall sign his name in a book kept for that purpose,
which shall be produced at each council meeting,

5. On the election of a candidate the secretary shall notify the
fact to him by registered post and forward to him a copy of the
by-laws with a bill for the amount of his subscription for the current
year. The payment of such bill shall qualify such candidature as
an ordinary member of the Chamber.

6. Should the candidate fail to pay such bill within one month
from the date of his election, the election shall be void, but the
council shall have power to re-elect such candidate upon satisfactory
explanation by him of such failure.

7. No newly-elected ordinary member shall participate in any of
the advantages or privileges of the Chamber or vote upon any
question until he shall have paid his subscription.

648 No. 25 OF 1914.

8. A candidate Avho has been rejected shall not be again proposed
until after an interval of six months, and a candidate who has
been twice rejected shall not be proposed again.

Subscription and Voting.

9. (a) The rate of annual subscription for corporations or com-
panies shall be $200, payment whereof shall entitle the subscribing
corporation or company to ten votes at all general meetings of the
Chamber.

(b) In the case of corporations and companies which have not
j^et paid a dividend or which in the opinion of the council are not
in a position to pay the full subscription, the council of the Chamber
may reduce the annual subscription to such an amount and for
such a period of time as it may think fit.

(c) The number of votes to which a company whose subscription
has been reduced by the council shall be entitled shall be regulated
in the manner prescribed by clause (d) of this by-law for regulating
the number of votes of individual ordinary members.

(d) The rate of annual subscription for individual ordinary
members shall be $10, payment whereof shall entitle the subscribing
member to one vote at all general meetings of the Chamber ;
provided that individual ordinary members may pay, as annual
subscription, any sum they please up to, but not exceeding, $200,
and each sum of $20 so paid in excess of the $10 hereinbefore
referred to shall entitle the payer upon a poll to one extra vote at
all general meetings of the Chamber.

(e) The rate of annual subscription for other Chambers of Mines
shall be $200, payment whereof shall entitle each individual member
of the subscribing Chamber to one vote at all general meetings of
the Chamber, but the subscribing Chamber itself shall not in its
corporate capacity be entitled to be represented or to vote at any
general meeting of the Chamber otherwise than as aforesaid.

(/) On a shew of hands every member present in person shall
have one vote.

(g) Every corporation and company which is a member of the
Chamber shall through its attorney or general manager furnish in
writing to the secretary of the Chamber the name of the person, an
ordinary member of the Chamber, who is authorized to represent
such corporation or company at meetings of the Chamber, and no
person whose name shall not have been so furnished shall vote on
behalf of any corporation or company. All names so furnished
shall be duly entered in a special book to be kept for that purpose,
together with the names of the corporations or companies by or on
behalf of which they have been furnished, and the list of names
together with the number of votes to which such corporations and
companies are entitled shall be open for the inspection of the
members of the Chamber.

(A) Each plural voting paper by the nominee of a corporation
or company shall be signed by the nominee in that capacity.

CHAMBER Ot MINES INCORPORATION. 649

10. Any member wishing to resign his membership of the Chamber
shall give to the secretary written notice of his intention so to do,
and his liability to pay subscriptions shall cease at the end of the
year in which such notice is received.

General Meetings.

11. The first annual general meeting of the Chamber shall be
held within one month after the incorjjoration of the Chamber at
the offices of the Chamber in Ipoh. Subsequent annual general
meetings shall be held in the month of March in every year at such
place as may be determined by the council.

12. The general meetings referred to in the last preceding by-law
shall be called ordinary meetings ; all other meetings of the Chamber
shall be called extraordinary meetings.

13. The council may, whenever it thinks fit, and shall on the
requisition of not less than eight ordinary members of the Chamber
whose subscriptions shall have been paid in full at the date of such
requisition, forthwith proceed to convene an extraordinary general
meeting of the Chamber, and in the case of such requisition the
following provisions shall have effect :

(a) The requisition must state the objects of the meeting and

must be signed by the requisitionists and deposited at
the offices of the Chamber and maj^ consist of several
documents in like form each signed by one or more
requisitionists.

(b) If the council do not proceed to cause a meeting to be held

within one month from the date of the requisition being
so deposited, the requisitionists or a majority of them
may themselves convene the meeting, but any meeting
so convened shall not be held after three months from
the date of the deposit.

tionists shall be convened in the same manner, as nearly
as possible, as that in which meetings are to be convened
by the council.

14. Fourteen clear days' notice of every general meeting,
specifying the place, day, and hour of meeting and in case of special
business the general nature of such business, shall be given to all
ordinary members resident in the Federated Malay States by notice
sent by post and by means of posting a copy of such notice on the
notice board in the offices of the Chamber.

15. The accidental omission to give any such notice to any
ordinary member shall not invalidate any resolution passed at any
such meeting.

16. The ordinary business of an ordinary meeting shall be

(a) to receive and consider the accounts and the report of the
council and of the auditors.

650 No. 25 OF 1914.

(b) to elect the following officers for the ensuing twelve

months :

(i) Fifteen ordinary members to be members of the
council, of whom ten members including not less
than two Chinese members shall be elected by
the ordinary members resident in the State of
Perak, three members including not less than one •
Chinese member shall be elected by the ordinary
members resident in the State of Selangor, one
member shall be elected by the ordinary members
resident in the State of Negri Sembilan, and one
member shall be elected by the ordinary members
resident in the State of Pahang. Provided that
the council may from time to time delegate to the
local mining association in any State the right to
elect from the ordinary members of the Chamber
all or any of the members of the council required
under this by-law to be elected by the ordinary
members resident in the State in which such mining
association is situate and may from time to time
withdraw such delegation.

(ii) A President of the Chamber and a Vice-President of
the Chamber who shall be elected from the said
fifteen members of the council.

to be transacted at an ordinary meeting.

All other business transacted at an ordinary meeting and all
business transacted at an extraordinary meeting shall be deemed
special.

17, The President of the Chamber shall be entitled to take the
chair at every general meeting or, if there be no such President or
if at any meeting he shall not be present within fifteen minutes
after the time appointed for holding such meeting, the Vice-Presi-
dent shall take the chair and, failing him, the members present
shall choose some one of their number to act as chairman.

18, Fifteen ordinary members present in person shall, independ-
ently of their voting power, form a quorum for any general meeting ;
but if within half an hour from the time appointed for the meeting
a quorum is not present, the meeting shall stand adjourned to the
same day in the next week at the same time and place, and if at
such adjourned meeting a quorum is not present those members
who are present, not being less than five, shall be a quorum and
may transact the business for which the meeting was called.

19, (a) No ordinary member whose subscription is in arrears
shall speak, vote, or be present at any general meeting convened
subsequently to the annual general meeting.

(b) No ordinary member shall speak or vote at an annual general
meeting unless his subscription has been paid up to the 3 1st Decem-
ber last ^irt'ceding such annual general meeting.

CHAMBER OF MINES INCORPORATION. 651

20. Every question submitted to a meeting shall, in the first
instance, be decided by a shew of hands and in the case of an
equaUty of votes the chairman shall, both on a shew of hands and
at the poll, have a casting vote in addition to the vote or votes to
which he may be entitled as an ordinary member.

21. Any ordinary member present at a meeting shall be entitled
to demand a i^oll, and if a poll be demanded it shall be taken in
such manner and at such time and place as the chairman of the
meeting directs and the result of the jJoU shall be deemed to be the
resolution of the meeting at which the poll was demanded.

Proxies.

22. Votes may be given either personally or by proxy.

23. The instrument appointing a proxy shall be in writing under
the hand of the appointer or his attorney or if such appointer is a
corporation or company under its common seal or the hand of its
attorney or general manager. No person shall be appointed a
proxy who is not an ordinary member of the Chamber.

24. The instrument appointing a proxy and the power of attorney,
if any, under which it is signed shall be deposited at the offices of
the Chamber not less than twenty-four hours before the time for
holding the meeting or adjourned meeting, as the case may be, at
which the person named in such instrument proposes to vote.

25. Every instrument of proxy whether for a specified meeting
or otherwise shall, as nearly as circumstances admit, be in the form
or to the effect following :

Federated Malay States Chaiuber of Mines.

I of an ordinary member of the Federated Malay

States Chamber of Mines and entitled to votes hereby

appoint of , an ordinary member of the said Chamber

of Mines, to vote for me and on my behalf at the meeting of

the said Chamber of Mines to be held on the day of ,

19. . , and at every adjournment thereof.

As witness my hand this day of , 19 . . .

Signature .

Election of President and Council.

26. Persons proposed for election as President of the Chamber
or as members of the council shall be nominated by forwarding to
the secretary of the Chamber a notice in writing, specifying the
names of such persons, signed by one or more ordinary members
of the Chamber ; a copy of every such notice shall be posted on* the
notice board of the Chamber not less than fourteen days previous

652 No. 25 OF 1914.

to the holding of the annual general meeting, and the election of
President, of Vice-President, and of members of the council shall
take place at the annual general meeting.

27, (a) The members of the retiring council shall be considered
as nominated for election as members of the council, whether their
names have been posted on the notice board or not.

(6) The voting for the President, Vice-President, and the members
of the council shall be by nominal vote by ballot papers unless a
poll be demanded by a member present when the jolural vote shall
be used. A sj)ecial book shall be kept wherein all members voting
shall sign their names and record the numbers of votes that they
are using.

Alteration of By-laws.

28, No new by-law shall be passed or existing by-law altered
except by a two-thirds majority of the ordinary members present
at a general meeting.

Proceedings of the Council.

29, The council shall consist of the President, the Vice-President,
and thirteen ordinary members,

30, The council shall meet together for the disjiatch of business
once a month or oftener if need be and at other times on the requisi-
tion of three of its members or the President and may adjourn and
regulate its meetings and proceedings as it may think fit and may
determine the quorum necessary for the transaction of business.
Until otherwise determined five members shall form a quorum.
At least five days' notice of council meetings shall be given to
members of the council and the notices shall state the nature of
the business to be considered at such meetings ; provided that in
cases of emergency the President, or in his absence the Vice-Presi-
dent, may call a meeting of the council at any time upon such
notice (if any) as he may think necessary.

31, Questions arising at any meeting of the council shall be
decided by a majority of votes, each member being entitled to one
vote, and in case of an equality of votes the Chairman shall have a
second or casting vote,

32, The President shall act as chairman of all meetings at which
he is present and in his absence the Vice-President shall act as
chairman. If at any meeting the President or Vice-President is
not present at the time appointed for holding the same, the mem-
bers present shall choose some one of their number to be chairman
of such meeting,

33, The council may delegate any of its powers to committees,
on each of which there shall be at least one member of the council.
Any committee so formed shall, in the exercise of the powers so
delegated, conform to any regulations that may from time to time
be imposed upon it by the council. The decision of a committee
shall in all cases be referred to the council, unless the committee
has previousl}^ been empowered by the council to act on its decisions.

CHAMBER OF MIXES INCORPORATION. 653

34. The meetings and proceedings of any such committee shall
be governed by the provisions of these by-laws for regulating the
meetings and proceedings of the council so far as the same can be
applied thereto and are not superseded by regulations made by the
council under the last preceding by-law.

35. All acts done by any meeting of the council or bj' a committee
or by any person acting as a member of the council or a committee
shall, notwithstanding that it shall afterwards be discovered that
there was some defect in the appointment of such council or com-
mittee or person acting as aforesaid or that any member of such
council or committee or such person acting as aforesaid was dis-
qualified, be as valid as if every member of such council or committee
or person acting as aforesaid had been duly appointed and was
qualified to act.

Powers of the Council.

36. The management of the business of the Chamber shall be
vested in the council ; provided that in regard to all important
questions affecting the mining industry in Malaya the council shall
convene an extraordinary general meeting of the Chamber for the
purpose of ascertaining the views of the ordinary merpibers of the
Chamber with regard thereto.

37. Without prejudice to any general powers otherwise vested
in the council it is hereby declared that the council shall have the
following powers, that is to say —

(a) To purchase or otherwise acquire for the Chamber any
property, rights, buildings, furniture, or privileges and
all other things which the Chamber is authorized to
purchase at such price and generally on such terms and
conditions as the council may think fit.

(6) To appoint and at the discretion of the council remove or
suspend such secretaries, officers, clerks, agents, and ser-
vants for permanent, temporary, or special services as the
council may from time to time think fit and to determine
their powers and duties, to fix their salaries or emoluments,
and to require security in such instances and to such
amount as the council may think fit.

legal proceedings by or against the Chamber or its officers
or otherwise concerning the affairs of the Chamber and
also to compound and allow time for payment or satis-
faction of anjr debts due and of any claims or demands
by or against the Chamber.

(d) To employ and pay counsel or solicitors to attend on the

hearing in any Court of an}' proceedings aj^pertaining to
the mining industry which, in the opinion of the council,
are of interest to the mining community.

(e) To invest and deal with any of the moneys of the Chamber

not immediately required for the purposes thereof in such
securities and in such manner as the council may think fit
and from time to time to vary or realize such investments.
(/) To order books, papers, and periodicals for the use of the
Chamber.

654 No. 25 OF 1914.

(y) To fill ujD any vacancies in the council, including vacancies
in the post of President and Vice-President, which may-
occur during the year by the appointment of any ordinary
member whom the council may think fit. Such appoint-
ment shall hold good until the next annual general meeting,
at which the appointment shall be submitted for approval"
or otherwise.

(h) To publish any of the proceedings of the council or of a
general meeting in such form and manner as the council
may consider necessarj^ for the information of the members
or of the general public.

38. (a) It shall be incumbent on the members of the council to
attend all council meetings. Any member absenting himself
without leave from three consecutive meetings shall be deemed to
have resigned and the vacancy shall be filled in the manner provided
by by-law 37 ((/).

(b) A member of the council not resident in Perak may with the
approval of the council appoint any person to be an alternate
member of the council in his place and such appointment shall
have effect and such appointee, whilst he holds office as an alternate
member, shall be entitled to notice of meetings of the council and
to attend and vote thereat accordingly. Any ajDpointment under
this by-law shall be effected by notice in writing under the hand
of the member making the same and may be revoked in the same
manner.

(c) Notwithstanding that a member of the council shall have
appointed an alternate member to act in his stead, he shall be
entitled to attend and vote at any meeting of the council ; but, in
the event of his so doing, the alternate member appointed by him
shall not also be entitled to attend or vote at the same meeting.
During the continuance of the appointment of an alternate member
the member who shall have appointed such alternate member shall
not be entitled to receive notice of the meetings of the council.

39. The members of the council elected under by-law 16 by
ordinary members resident in the State of Selangor, the member
of the council elected under the said by-law by ordinary members
resident in the State of Negri Sembilan, and the member of the
council elected under the said by-law by ordinary members resident
in the State of Pahang shall, respectively, be entitled to submit a
minority report in any case where the council shall submit a report
to the Government of the Federated Malay States.

The Seal.

40. The council shall provide for the safe custody of the seal of
the Chamber and the seal shall never be used except by the authority
of the council. The seal shall be affixed in the presence of two
members of the council, one of whom shall be the President or
Vice-President or some other person expressly authorized by the
Chamber to attest the sealing of documents in lieu of the President
or Vice-President, and the secretary shall sign every instrument to
which the seal is affixed.

CHAMBER OF MINES INCORPORATION. 655

Accounts.

41. The council shall cause true accounts to be kept of the sums
of money received and expended by the Chamber and the matters
in respect of which such receipt and expenditure take place and of
the assets, credits, and liabilities of the Chamber.

42. The books of account shall be kept at the offices of the
Chamber.

43. At the annual general meeting in every year the council shall
lay before the Chamber a profit and loss account and a balance sheet
containing a summary of the property and liabilities of the Chamber
made up to the 31st day of December in the previous year and being
from the time when the last preceding account and balance sheet
were made up or in the case of the first account and balance sheet
from the incorporation of the Chamber,

44. A printed copy of such account and balance sheet shall be
sent by post to all ordinary members at least fourteen days previous
to the annual general meeting and copies thereof shall be posted on
the notice board in the offices of the Chamber for a similar period.

Audit.

45. Once at least in every year the accounts of the Chamber shall
be examined and the correctness of the profit and loss account and
balance sheet ascertained by one or more auditor or auditors.

46. The council shall appoint a firm of auditors and shall from
time to time remove and replace such auditors as occasion may
require.

Notice.

47. A notice or other document to be served by the Chamber may
be served upon any ordinary member either personally or by sending
it through the post in a prepaid envelope or wraiJi^er addressed to
such ordinary member at his registered place of address.

48. As regards those ordinary members who have no registered
place of address, a notice posted up in the offices of the Chamber
shall be deemed to be well served on them at the expiration of
twenty -four hours after it is so posted up.

49. Any notice sent by post shall be deemed to have been served
on the day following that on which the envelope or wrapper contain-
ing the same is posted, and in proving such service it shall be
sufficient to prove that the envelope or wrapjDer containing the notice
was properly addressed and put into the post office. And a certifi-
cate in writing signed by the secretary stating that the envelope or
wrapper containing the notice was so addressed and posted shall be
conclusive evidence thereof.

Honorary and Visiting Members.

50. Only members of the Government service shall be eligible as
honorary members, and they may be invited by the council to
become honorary members of the Chamber, Honorary members

656 No. 25 OF 1914.

shall be entitled to all the privileges of ordinary members, except
that they shall have no vote ; they shall not be required to pay any
subscription.

51. Any person being a new-comer to the Federated Malay States
may, if duly proposed and seconded by two ordinary members, be
admitted to the privileges of membership for a f)eriod not exceeding
one month.

52. The proposer and seconder of a visiting member shall enter
his name and their own names in a book to be kept for that purpose
and shall be liable for any infraction of the rules of the Chamber
which such visiting member may commit.

53. A person who has been admitted as a visiting member for an
aggregate number of thirty days in one year shall thereupon become
eligible for election as an ordinary member and shall not be allowed
to continue to use the Chamber unless he apply to be elected as such.

54. No person who has tried and failed to secure election as an
ordinary member, or who has ceased to be a member of the Chamber
under by-law 10, 59, or 60, shall be eligible to become a visiting
member.

55. A visiting member shall not be liable for subscriptions and
shall not be entitled to vote at general meetings of the Chamber.

Arbitrations.

56. The council shall have power from time to time as occasion
may require to appoint three or more members of the Chamber, any
of whom may be either ordinary members of the Chamber or
members of the council, to act as arbitrators in such disputes as may
be submitted to the Chamber for settlement. No arbitration on
disjDutes so submitted shall proceed until the parties in disjDute shall
have entered into a bond binding themselves to abide by the award
of the arbitrators or a majority of them unless the same be set aside
by a competent Court, nor until the fees payable on such arbitration
shall have been paid to the secretary,

57. On arbitrations the fees payable by the parties in disj)ute shall
be at the following rates :

(a) Where the subject-matter of the dispute involves a $

sum not exceeding $5,000, to each arbitrator . . 30

exceeding $5,000 and not exceeding $10,000, to

each arbitrator . . . . . . . . . . 60

exceeding $10,000 and not exceeding $20,000, to

each arbitrator . . . . . . " . . . . 100

exceeding $20,000 and not exceeding $50,000, to

each arbitrator . . . . . . . . . . 150

exceeding $50,000, to each arbitrator such sum as

the council may think fit.

(b) Where none of the parties in dispute are members of the

Chamber the fees payable shall include a further sum
equal to fifty per cent, of the total sum payable to the
arbiti'ators, which further sum shall be paid into the funds
of the Chamber.

CHAMBER OF MINES INCORPORATION. 657

any other party in dispute is not a member of the Chamber
the fees paj-able shall include a further sum equal to
twenty-five per cent, of the total sum payable to the
arbitrators, which further sum shall in all cases be payable
by the party who is not a member of the Chamber, what-
ever may be the result of the arbitration, and shall he paid
into the funds of the Chamber.

(d) Subject to clause (c) of this by-law the arbitrators shall be at

liberty to make such aAvard as they may think fit with
regard to the payment of the fees prescribed by this
by-law.

58. A cojiy of all arbitration awards shall be filed with the
secretary'.

Conduct of Members.

59. If any ordinary member be guilty of a breach of any of the
by-laws of the Chamber, the council shall be at liberty to inflict on
such member such a fine as the council may think proj)ortionate to
the injury caused to the Chamber ; provided that no such fine shall
exceed §500.

60. If the conduct of any ordinary member shall, in the opinion
of a two-thirds majority of the council present and voting at any
meeting, be such as to be liable to cause injuryto the interests of the
Chamber, the council shall forthwith request such member to resign.

61. If any member fail within fourteen days to pay any fine
inflicted on him under by-law 59 or continue to infringe the by-laws
or any of them after such fine has been inflicted upon him or fail to
resign within fourteen days after being requested so to do under
by-law 60, then and in any of such cases the council shall forthwith
call an extraordinary general meeting of the Chamber to consider
the conduct of such ordinar}^ member and at such meeting it shall be
competent for the Chamber by a two-thirds majority of those present
and voting at such meeting to expel such member from the Chamber,
and no appeal shall lie from such decision to any other meeting or to
any Court of law. Every member so expelled shall forfeit his
subscription and all interest in the property of the Chamber, and no
member so expelled shall be eligible for re-election to the Chamber.
Such expulsion shall not prejudice any right of the Chamber to
recover from such ordinarj^ member the amount of any fine inflicted
on him or any other sum due from him to the Chamber,

62. Any member who shall fail to pay the amount of his outstand-
ing account within one month after receiving under registered cover
a notice in writing signed by the secretary to pay the same within
one month after receipt of such notice shall cease to be a member of
the Chamber, and the secretary shall ujjon such cessation inform him
accordingly and shall take such steps for recovery of the said amount
as the council may direct. Provided that, on a satisfactory explana-
tion being given by a person who has under the provisions of this
by-law ceased to be a member, the council may restore to him the
status and privileges which he maj" have forfeited under this by-law.

11—42

ENACTMENT NO. 26 OF 1914.

As amended by Fed. E. 3 of 1920.

An Enactment to provide for the surrender to Foreign
Countries of persons accused or convicted of the
commission of certain offences ^\dthin the jurisdiction
of such Countries.

Arthur Young,

President of the Federal Council.

[10th December, 1914.
16th December, 1914.]

commeucemeiit ^'^ ^^ hereby enacted by the Rulers of the Federated Malay States in

and repeal. ' Council aS f olloWS :

1. (i) This Enactment may be cited as " The Extradition Enact-
ment, 1914," and shall come into force upon the publication thereof
in the Gazette.

(ii) Upon the coming into force of this Enactment the Enactment
specified in the first schedule shall be repealed.

Interpretation. g^ jj^ ^j^jg Enactment, unless the context otherwise requires —

" Chief Secretary " means the Chief Secretary to Government,
Federated Malay States ;

"Conviction" and "Convicted" do not include or refer to a
conviction which under foreign law is a conviction for contumacy,
but "Accused person" includes a person so convicted for
contumacy ;

" Diplomatic Representative of a foreign country " includes any

E. 3 of 1910. person recognized hrj the High Commissioner or by the Chief Secretary

or by the Resident of any State as a Consul-General, Consul, or Vice-

Consul, or as the Officer administering the Government of any

possession, dependency, or protectorate, of that country ;

" Extradition crime " means a crime which would be punishable
by the law of the Federated Malay States or of any of them if
committed in the Federated Malay States and which would be one of
the crimes described in the second schedule ;

" Fugitive criminal " means any person accused or convicted of
an extradition crime, committed within the jurisdiction of any
foreign country, who is in or suspected of being in or on the way to
the Federated Malay States, and " Fugitive criminal of a foreign
country " means a fugitive criminal accused or convicted of an
extradition crime committed within the jurisdiction of that country ;

" Magistrate " means a Magistrate of the First Class ;

" Oath " includes affirmation ;

658

EXTRADITION. 659

" Warrant," in the case of any foreign country, includes any
judicial document authorizing the arrest of a person accused or
convicted of crime.

3. (i) The extradition crimes included from time to time in the Construction of
second schedule shalt, except where otherwise specially provided, be schedule.
construed according to the law in force in the Federated Malay

States at the date of the alleged crime.

(ii) The Chief Secretary may from time to time, by notification variation of
published in the Gazette, declare that any crime specified in such Schedule.
notification and not included in the second schedule shall form
part thereof, and from and after the date of the publication of such
notification the crime specified therein shall come within the opera-
tion of this Enactment as if the same had been originally included
in the said schedule ; and the Chief Secretary may from time to
time, by notification published in the Gazette, declare that any crime
specified in the said schedule or which may have been added to the
said schedule as hereinbefore provided shall no longer form part
thereof, and from and after the date of the publication of such
notification such crime shall cease to come within the operation of
this Enactment.

4. (i) Where an arrangement has been made between His where arrange-
Britannic Majesty and the Ruler of a foreign country for the mutual ^^ender of
surrender of persons accused or convicted of crime and the operation criminals made
of such arrangement has been, with the consent of the Rulers of the the lederatc^i
Federated Malay States, extended so as to apply, so far as local Enactmenr°'
circumstances permit, to the mutual surrender of persons accused or may be applied
convicted of crime between such foreign country and the Federated ^^ O''^^'"-
Malay States, the Chief Secretary may, by Order published in the

Gazette, direct that this Enactment shall apply in the case of that
country during the continuance of the arrangement and of the
application thereof to the Federated Malay States, and after such
Order has been so published and for so long as the same remains
unrevoked this Enactment shall, subject to the terms of the arrange-
ment and of the application thereof to the Federated Malay States,
apply accordinglJ^ No such Order shall remain in force for any
longer period than the arrangement or the application thereof to the
Federated Malaj^ States, and the Chief Secretary may, by the same
or any subsequent Order, limit the apj^lication of this Enactment or
render the operation thereof subject to such conditions, exceptions,
and qualifications as may be deemed expedient and may at any time
by notification published in the Gazette revoke any order published
under this section.

(ii) The publication in the Gazette of such Order as is in sub-
section (i) referred to shall be conclusive evidence in all Courts of
Justice that an arrangement exists between His Britannic Majesty
and the Ruler of the foreign country specified in the Order for the
mutual surrender of persons accused or convicted of crime and that
the operation of such arrangement has been, with the consent of
the Rulers of the Federated Malay States, extended so as to apply,
so far as local circumstances permit, to the mutual surrender of
persons accused or convicted of crime betAveen such foreign country

660

No. 26 OF 1914.

Eesttictions on
surrender of
criminals.

Liability of
criminal to
surrender.

Order of Rnsi-
dont for issue of
warrant if crime
is not of a
political
character.

It. 3 of 1920.

and the Federated Malay States ; and a notification in the Gazette
of the terms of any such arrangement as aforesaid between His
Britannic Majesty and the Ruler of a foreign country, and of the
terms of the application of any such arrangement to the Federated
Malay States, and of the termination of any such arrangement or
application, shall be conclusive evidence in all Courts of Justice of
the facts in such notification appearing.

5. The following restrictions shall be observed with respect to
the surrender of fugitive criminals :

(1) A fugitive criminal shall not be surrendered if the offence

in respect of Which his surrender is demanded is one of
a political character or if he prove to the satisfaction of
the Magistrate, or of the Supreme Court when brought
before it on an application to be set at liberty, or to the
Resident of the State wherein the warrant for his arrest
was issued that the requisition for his surrender has in fact
been made with a view to try or punish him for an offence
of a political character ;

(2) A fugitive criminal shall not be surrendered to a foreign

country unless provision is made by the law of that
country, or by arrangement, that the fugitive criminal
shall not, until he has been restored or had an opijortunity
of returning to the Federated Malay States, be detained
or tried in that foreign country for any offence committed
prior to his surrender other than the extradition crime
proved by the facts on which the surrender is grounded ;

(3) A fugitive criminal who has been accused of some offence

within the Federated Malay States not being the offence
for which his surrender is asked, or is undergoing sentence
under any conviction in the Federated Malay States, shall
not be surrendered until after he has been discharged,
whether by acquittal or on expiration of his sentence or
otherwise ;

(4) A fugitive criminal shall not be surrendered until the expira-

tion of fifteen days from the date of his being committed
to prison to await his surrender.

6. Where this Enactment applies in the case of Siiry foreign
country, every fugitive criminal of that country who is in or sus-
pected of being in the Federated Malay States shall be liable to be
apprehended and surrendered in manner provided by this Enact-
ment, whether the crime in respect of which the surrender is sought
was committed before or after the commencement of this Enactment,
and whether there is or is not any concurrent jurisdiction in any
Court in the Federated Malay States over that crime.

7. A requisition for the surrender of a fugitive criminal of any
foreign country who is in or suspected of being in any of the Fede-
rated Malay States shall be made to the Resident of such State by a
Diplomatic Representative of that foreign country ; provided that,
if requisition for the surrender of such fugitive criminal be made to
the High Commissioner or the Chief Secretary by a Diplomatic Repre-

EXTRADITION. 661

sentative of that foreign country, the High Commissioner or the Chief
^Secretary, as the case may be, may, if he think fit, endorse such requisi-
tion for action by the Resident of any of the Federated Malay States
and forward the same to such Resident, who shall on receipt thereof
deal therewith as though it were a requisition addressed to him.
Such Resident may, by order under his hand and seal, signify to a
Magistrate that such requisition has been made and require him to
issue his warrant for the apprehension of the fugitive criminal.

If such Resident is of opinion that the offence is one of a political
character, he may, if he think fit, refuse to send any such order and
may also at any time order a fugitive criminal accused or convicted
of such offence to be discharged from custody.

8. (i) A warrant for the apprehension of a fugitive criminal, issue of
whether accused or convicted of crime, who is in or suspected of MagtstratI
being in or on the way to the Federated Malay States may be issued

in any State

(1) by a Magistrate on receipt of the said order of the Resident

of such State and on such evidence as would, in his opinion,
justify the issue of the warrant if the crime had been
committed or the criminal convicted in such State ; and

(2) by a Magistrate on such information or complaint and such

evidence or after such proceedings as would, in the opinion
of the Magistrate, justify the issue of a warrant if the crime
had been committed or the criminal convicted in the State.

(ii) A Magistrate in any State issuing a warrant under this section
without an order from the Resident of such State shall forthwith send
a report of the fact of such issue, together with the evidence and
information or complaint, or certified copies thereof, to the Resident,
who may, if he think fit, order the warrant to be cancelled and the
person who has been apprehended on the warrant to be discharged.

(iii) A fugitive criminal apprehended on a warrant issued in any
State without the order of the Resident of such State shall be
discharged by the Magistrate, unless the Magistrate, within such
reasonable time as with reference to the circumstances of the case he
may fix, receives from such Resident an order signifying that a
requisition has been made for the surrender of such criminal.

9. (i) When a fugitive criminal is brought before the Magistrate, Heariocr of case
the Magistrate shall hear the case in the same manner and have the i"'',!?™^®"''^ '"'

o 1 -r .1 • political chaiao-

same jurisdiction and powers, as near as may be, as it the prisoner terofcnme.
were brought before him accused of an offence committed within his
jurisdiction and triable bj' the Supreme Court.

(ii) The Magistrate shall receive any evidence which may be
tendered to shew that the crime of which the prisoner is accused or
alleged to have been convicted is an offence of a political character
or is not an extradition crime.

10. (i) In the case of a fugitive criminal accused of an extradition committal .
crime, if the foreign warrant authorizing the arrest of such criminal dis^'^arge o:

^ 1 • T 1 1 • prisoner.

is duh^ authenticated and such evidence is produced as (subject to
the provisions of this Enactment) would, according to the laAv in

662

No. 26 OF 1914.

Surrender of
fugitive to
foreign country
by warrant of
Resident.

Disoharcre of
persons ajiprc-
hended if not
conveyed out
of the Federated
Malay States
within two
months.

force in the Federated Malay States, justify the committal for trial
of the prisoner if the crime of which he is accused had been com-
mitted in the Federated Malay States, the Magistrate shall commit
him to prison, but otherwise shall order him to be discharged.

(ii) In the case of a fugitive criminal alleged to have been
convicted of an extradition crime, if such evidence is produced as
(subject to the provisions of this Enactment) would, according to
the law in force in the Federated Malay States, prove that the
prisoner was convicted of such crime, the Magistrate shall commit
him to prison, but otherwise shall order him to be discharged.

(iii) If he commits such criminal to prison, he shall commit him
to a prison or other place of safe custody in the State in which the
case was heard, there to await the warrant of the Resident of such
State for his surrender, and shall forthwith send to such Resident a
certificate of the committal and such report upon the case as he
may think fit.

11. (i) If the Magistrate commits a fugitive criminal to prison,
he shall inform such criminal that he will not be surrendered until
after the expiration of such period, not being less than fifteen days,
as the Resident of the State may determine and that he has a right
to apply to the Supreme Court to direct that he be set at liberty.

(ii) Upon the expiration of the said period or, if an api^lication
that such fugitive criminal be set at liberty has been made to the
Supreme Court, upon the final determination of such ajiplication by
the said Court or after such further period as may be allowed in
either case by the said Resident, it shall be lawful for the said
Resident, by warrant under his hand and seal, to order the fugitive
criminal (if not delivered on the decision of the Supreme Court) to
be surrendered to such person as may in his opinion be duly autho-
rized to receive the fugitive criminal by the foreign country from
which the requisition for the surrender proceeded, and such fugitive
criminal shall be surrendered accordingly.

(iii) It shall be lawful for any person to whom such warrant is
directed and for the person so authorized as aforesaid to receive,
hold in custody and convey within the jurisdiction of such foreign
country the criminal mentioned in the warrant ; and if the criminal
escapes out of any custody to which he may be delivered on or in
pursuance of such warrant, it shall be lawful to retake him in the
same manner as any person accused of any crime against the laws of
the Federated Malay States may be retaken upon an escape,

12. If the fugitive criminal who has been committed to prison is
not surrendered and conveyed out of the Federated Malay States
within two months after such committal or, if an application that he
be set at liberty be made to the Supreme Court, after the final
determination of such application by the said Court, it shall be
lawful for the Resident of the State wherein the criminal is in
custody, upon ajiplication made to him by or on behalf of the
criminal, to order the criminal to be discharged out of custody, unless
sufficient cause is shewn to the contrary.

EXTRADITION. 683

13. The warrant of the Magistrate issued in pursuance of this Execution of
Enactment may be executed in any part of the Federated Malay J^^^Jistrate
States in the same manner as if the same had been originally issued

in the place where the same is executed.

14. Depositions or statements on oath, taken in a foreign country, Depositions to
and copies of such original depositions or statements, and foreign ^^^^^'dence.
certificates of or judicial documents stating the fact of a conviction,

may, if duly authenticated, be received in evidence in proceedings
under this Enactment.

15. Foreign warrants and depositions or statements on oath, and Authentication
<!opies thereof, and certificates of or judicial documents stating the and^warrants^
fact of a conviction, shall be deemed duly authenticated for the
purposes of this Enactment if authenticated in manner provided for

the time being by law or authenticated as follows :

(1) If the warrant purports to be signed by a Judge, Magistrate,

or officer of the foreign country where the same was issued ;

(2) If the depositions or statements or the copies thereof purport

to be certified under the hand of a Judge, Magistrate, or
officer of the foreign country where the same were taken to
be the original dej)ositions or statements, or to be true
cojjies thereof, as the case may require ; and

(3) If the certificate of or judicial document stating the fact of

conviction purports to be certified by a Judge, Magistrate,
or officer of the foreign country where the conviction took
place ; and

if in every case the warrants, depositions, statements, copies,
certificates, and judicial documents (as the case may be) are authenti-
cated by the oath of some witness or by being sealed with the official
seal of the Minister of Justice or some other Minister of State. And
all Courts in the Federated Malay States shall take judicial notice of
such official seal and shall admit the documents so authenticated by
it to be received in evidence without further proof.

CRIMES COMMITTED AT SEA.

16. Where the crime in respect of which the surrender of a fugitive j-urisdietion as
criminal is sought Mas committed on board any vessel on the high
seas which comes into an}^ port of the Federated Malay States, the
following provisions shall have effect :

(1) The criminal may be committed to any prison or other

place of detention to which the person committing him
has power to commit persons accused of the like crime ;

(2) If the fugitive criminal is apprehended on a warrant issued

in any State without the order of the Resident of such
State, he shall be brought before the Magistrate who
issued the warrant or Avho has jurisdiction in the port
where the vessel lies or in the place nearest to that port.

to crimes com-
mitted at sea.

664

No. 26 OF 1914.

Criminal

surrendered by

foreign

country

not triable for

prerious crime.

Property may
be delivered up.

As to use of
forms in third
schedule.

Power of
taking evidence
in the Federated
Malay States
for foreign
criminal
matters.

GENERAL PROVISIONS.

17. Where, in pursuance of any arrangement between His
Britannic Majesty and the Ruler of a foreign country for the mutual
surrender of persons accused or convicted of crime the operation
whereof has been extended to the Federated Malay States as in
Section 4 provided, any person accused or convicted of committing in
the Federated Malay States any of the crimes described in the second
schedule is surrendered by that foreign country, such person shall
not, until he has been restored or had an opportunity of returning
to such foreign country, be triable or tried for any offence com-
mitted prior to the surrender in the Federated Malay States other
than such of the said crimes as may be proved by the facts on which
the surrender is grounded, nor shall such person until after such
restoration or opportunity as aforesaid be returned under the
provisions of " The Fugitive Offenders Enactment, 1912," from th&
Federated Malay States to any place to which he might "but for this
provision be liable to be returned under the said Enactment.

18. Everything found in the possession of a fugitive criminal at
the time of his apprehension which may be material as evidence in
making proof of the extradition crime in respect of which he is
surrendered may, on the order of a Magistrate, be delivered up with
the fugitive criminal on his surrender, subject to all rights of third
persons in respect thereto.

19. The forms set forth in the third schedule, or forms as near
thereto as circumstances admit, may be used in all matters to which
such forms refer and when used shall be deemed to be valid and
sufficient in law.

20. (i) In any State the Resident may, by order under his hand
and seal, require a Magistrate to take evidence for the purposes of
any criminal matter pending in any Court or Tribunal in any foreign
country, and the Magistrate, upon the receipt of such order, shall
take the evidence of every Avitness appearing before him for the
purpose in like manner as if such witness apj)eared on a preliminary
enquiry into the case of a person accused of an offence triable by the
Supreme Court and shall certify at the foot of the depositions so
taken that such evidence was taken before him and shall transmit
the same to the Resident ; such evidence may be taken in the
presence or absence of the accused person, if any, and the fact of such
presence or absence shall be stated in such depositions.

(ii) Any person may, after payment or tender to him of a
reasonable sum for his costs and expenses in this behalf, be compelled
for the purposes of this section to attend and give evidence and
answer questions and produce documents in like manner and subject
to the like conditions as he may for the purposes of a prehminary
enquiry into the case of a person accused of an offence triable by
the Supreme Court, and every such person shall in respect of all
evidence and answers given by him be legally bound to state the
truth.

(iii) Nothing in this section shall apply in the case of any criminal
matter of a political character.

EXTRADITION. 665

21. For the purposes of this Enactment every constituent part of Foreign

a foreign countrj' and every colony, dependency, or protectorate of, inciud^

and ever}^ vessel of, that country shall be deemed to be within the dependencies.
jurisdiction of and to be part of such foreign country.

First Schedule.
ENACTMENT REPEALED.

No. and year. Short title,

21 of 1912. I The Extradition Enactment, 1912.

Second Schedule.

LIST OF CRIMES.

Murder and attemj^t to murder ;

Culpable homicide not amounting to murder ;

Counterfeiting and altering money and uttering counterfeit or
altered money ;

Forgery, counterfeiting, and altering, and uttering what is forged
or counterfeited or altered ;

Criminal breach of trust and theft ;

Cheating and thereby dishonestly inducing delivery of property ;

Offences punishable under the laws relating to bankruptcy with
imprisonment for a term which may extend to one j'ear or over ;

Criminal misappropriation ;
Rape ;
Abduction ;
Kidnapping ;
Housebreaking ;
Mischief by fire ;
Robbery ;

Extortion or attempt to commit extortion ;
Piracy by law of nations ;

Sinking or destroying a vessel at sea, or attempting or conspiring
to do so ;

Assault on board a ship on the high seas with intent to destroy
life or to cause grievous hurt ;

Revolt or conspiracy to revolt by two or more persons on board
a ship on the high seas against the authority of the master ;

666 No. 26 OF 1914.

Buying or disposing of any person as a slave or habitually dealing
in slaves ;

Wrongful confinement ;

Giving, fabricating, or using false evidence ;

Dishonestly receiving stolen property ;

Any offence not before mentioned which is punishable under the
following provisions of law or any of them or under any law
amending or substituted for the same :

The Penal Code-
Sections 161 to 165, inclusive (bribery) ;
Sections 231 to 254, inclusive (coin) ;

Sections 312 to 318, inclusive. 323 to 333, inclusive,
335, 353 to 357, inclusive, 372, 373, 373a, and 377

(offences affecting the human body) ;

Sections 427 to 440, inclusive (mischief) ;

Section 477 (fraudulent cancellation, etc., of document) ;

Section 494 (bigamy) ;

The Women and Girls Protection Enactment, 1914,
Section 3 ;

Any malicious act done with intent to endanger the safety of
any person in a railway train ;

Any other offence added from time to time to this schedule in
manner provided by Section 3 ;

Abetment of any offence included for the time being in this
schedule, and the commission in respect thereof of any offence
described in Sections 212, 213, 216, or 511 of the Penal Code.

Third Schedule.
FORM OF ORDER OF RESIDENT TO THE MAGISTRATE.

To , a Magistrate of the First Class.

Whereas, in pursuance of an arrangement between His Britannic

Majesty and , the operation whereof has been extended to the

Federated Malay States as referred to in an Order of the Chief

Secretary published in the Gazette on the day of , 19. . ,

a requisition has been made to me, , the Resident of ,

by , the Diplomatic Representative of , for the sur-
render of , late of , accused [or convicted] of the

commission of the crime of within the jurisdiction of :

Now I hereby, by this my order under my hand and seal, signify
to you that such requisition has been made and require you to issue
your warrant for the apprehension of such fugitive, provided that
the conditions of " The Extradition Enactment, 1914," relating to
the issue of such warrant arc, in your judgment, complied with.

Given under the hand and seal of the undersigned, Resident of
, this day of , 19 . .

EXTRADITION. 667

FORM OF WARRANT OF APPREHENSION BY ORDER
OF RESIDENT.

To the Chief Police Officer and all other Police Officers of

the Federated Malay States.

Whereas the Resident of , by order under his hand and

seal, has signified to me that requisition has been duly made to him

for the surrender of , late of , accused [or convicted]

of the commission of the crime of within the jurisdiction

of :

This is therefore to command you forthwith to aj^prehend the

said pursuant to ''The Extradition Enactment, 1914,"

w^herever he may be found in the Federated Mala}' States, and to
bring him before me or some other Magistrate of the First Class in
this State, to shew cause wh}* he should not be surrendered in
pursuance of the said Enactment, for which this shall be your
Avarrant.

Given under my hand and seal at , this

day of , 19. .

Magistrate of the First Class.

FORM OF WARRANT OF APPREHENSION WITHOUT
ORDER OF RESIDENT.

To the Chief Police Officer and all other Police Officers of

the Federated Malay States.

Whereas it has been shewn to the undersigned, a Magistrate of

the First Class, that , late of , is accused [or convicted]

of the commission of the crime of within the jurisdiction

of :

This is therefore to command you forthwith to apprehend the

said pursuant to "The Extradition Enactment, 1914,"

wherever he may be found in the Federated Malay States, and to
bring him before me or some other Magistrate of the First Class in
this State, to be further dealt AWth according to law, for which
this shall be your warrant.

Given under mv hand and seal at , this... dav

of , 19.. ^

Magistrate of the First Class.

FORM OF WARRANT OF COMMITTAL.

To , Police Officer, and to the Officer in charge of the

Prison at

Whereas on this day of , 19 . . , , late of

is brought before me, a Magistrate of the First Class, to shew cause
why he should not be surrendered in pursuance of '" The Extradi-

668 No. 26 OF 1914.

tion Enactment, 1914," on the ground of his being accused [or

convicted] of the commission of the crime of within the

jurisdiction of : And whereas no sufficient cause has been

shewn to me why he should not be surrendered in pursuance of the
said Enactment :

This is therefore to command you, the said Police Officer, forth-
with to convey and deliver the said into the custody of the

Officer in charge of the Prison at and you, the said Officer in

charge of the Prison, to receive the said into your custody

and him there safely to keep until he is thence delivered pursuant
to the jarovisions of the said Enactment, for which this shall be
your warrant.

Given under my hand and seal at , this day of

, 19..

Magistrate of the First Class.

FORM OF WARRANT OF RESIDENT FOR SURRENDER
OF FUGITIVE.

To the Officer in charge of the Prison at and to

Whereas , late of , accused [or convicted] of the

commission of the crime of within the jurisdiction of ,

was delivered into the custody of you, the Officer in charge of the

Prison at , by warrant dated pursuant to " The

Extradition Enactment, 1914."

Now I do hereby, in pursuance of the said Enactment, order
you, the said Officer in charge of the Prison, to deliver the said

into the custody of the said , and I command you,

the said , to receive the said into j^our custody and to

convey him and there place him in the custody of any person

or persons appointed by the authorities of to receive him, for

which this shall be your warrant.

Given under the hand and seal of the undersigned, Resident of
, this day of , 19 . .

ENACTMENT NO. 1 OF 1915.

An Enactment to consolidate and amend the Law relating
to the Marriages of Persons professing the Christian
Religion.

Arthur Young,

President of the Federal Coinicil.

[1st June, 1915.
1st July, 1915.]

It is hereby enacted bj' the Rulers of the Federated Malay States
in Council as follows : —

1. (i) This Enactment may be cited as " The Christian Marriage short title and
Enactment, 1915," and shall come into force upon the first day of men™^"°^"
July, 1915.

(ii) The Enactments specified in the First Schedule are hereby Ropeai.
repealed ; provided that all notifications published in the Gazette
under any Enactment hereby repealed of the appointment of any
minister of the Presbyterian Church of England, all licenses granted
under any such Enactment and still in force immediately prior to
the commencement of this Enactment to ministers of religion to
solemnize marriages, all appointments made under any such
Enactment of Marriage Registrars or Senior Marriage Registrars
and all fees fixed under any such Enactment shall be deemed to
have been published, granted, made, and fixed under this Enact-
ment.

(iii) Any license issued by the Titular Anglican Bishop of
Singapore or his commissary or surrogate prior to the commence-
ment of this Enactment in pursuance whereof a marriage has been
solemnized under any Enactment hereby repealed shall be deemed
to have had and shall have the same force and effect as the same
would have had if it had been issued by the Titular Anglican Bishop
of Singapore, Labuan, and Sarawak or his commissary or surrogate.

2. In this Enactment, unless there is something repugnant in interpretation.
the subject or context :

"Chief Secretary" means the Chief Secretary to Government, chief secretary,
Federated Malay States ;

" Church of England " and " Anglican " mean and apply to the
Church of England as by law established ;

" Church of Scotland " means the Church of Scotland as by law
established ;

" Church of Rome " and " Roman Catholic " mean and apply
to the Church which regards the Pope of Rome as its spiritual
head ;

669

" Church of
Euijland."
" Anglican."

" Church of

Scotland."

" Church of
Home."
" Roman
Catholic."

670

No. 1 OF 1915.

' Church."

' Minor."

Native."
Christians."

Existing
records to be
forwarded to
Chief Secretary,

" Church " includes any chapel or other^building generally used
for public Christian worship ;

" Minor " means a person who has not completed the age of
twenty-one years and who is not a widower or widow ;

" Native " means a native of Asia not of European descent ;

The expression " Christians " means persons professing the
Christian religion.

3. All returns of entries in a register of marriages, all certificates
of solemnization of marriage, and all marriage register books which
are at the commencement of this Enactment in the custody of the
Secretary to the Resident or of the Resident in any State, as the
case may be, under the provisions of any Enactment hereby repealed,
shall be forwarded to the Chief Secretary and be kept by him with
the records of his office.

Marriages to
be solemnized
according to
this Enactment.

Persons by
whom
marriages
may be
solemnized.

Grant, and
revocation of
licenses to
solemnize
marriages.

Marriage

Registrars.

Senior

Marriage

Registrar.

PART I.

THE PERSONS BY WHOM MARRIAGES MAY BE
SOLEMNIZED.

4. Every marriage between persons one or both of whom is or
are a Christian or Christians shall be solemnized in accordance
with the provisions of the next following section, and any such
marriage solemnized otherwise than in accordance with such
provisions shall be void.

5. Marriages may be solemnized

(a) by any person who has received episcopal ordination : pro-

vided that the marriage be solemnized according to the
rules, rites, ceremonies, and customs of the Church of
which he is a minister ;

(b) by any clergyman of the Church of Scotland : provided

that such marriage be solemnized according to the rules,
rites, ceremonies, and customs of the Church of Scotland ;

whose appointment as such minister has been notified
in the Gazette ;

(d) by any minister of religion licensed under this Enactment

to solemnize marriages ;

(e) by or in the presence of a Marriage Registrar appointed

under this Enactment.

6. The Resident of any State may grant licenses to ministers of
religion to solemnize marriages within such State and may revoke
such licenses.

7. The Resident of any State may appoint one or more Christians,
either by name or as holding any office for the time being, to be
the Marriage Registrar or Marriage Registrars for such State or
for any place therein and may revoke any such appointment.

When there are more Marriage Registrars than one in any State,
the Resident of such State shall appoint one of them to be the
Senior Marriage Registrar.

CHRISTIAN MARRIAGE.

671

Consent ol
father or
guardian or
mother.

When there is only one Marriage Registrar in any State and such when EegistraT
Registrar is absent from such State or ill, or when his office is Man^afe*"*^^
temporarily vacant, the Registrar of Titles appointed under " The Registrar.
Registration of Titles Enactment, 1911," shall act as and be
Marriage Registrar during such absence, illness, or temporary
vacancy.

PART II.

CONSENTS.

8. The father, if living, of any minor or, if the father be dead,
the guardian of the person of such minor, and in case there be no
such guardian then the mother of such minor, may give consent
to the minor's marriage, and such consent is hereby required for
the same marriage unless no person authorized to give such consent
be resident in the Colony of the Straits Settlements or in any State
in the Malay Peninsula under British Protection.

9. If any person Avhose consent is necessary to any marriage is
of unsound mind or if any person (other than the father) without
just cause withholds his consent to the marriage, the parties intend-
ing marriage may apply by petition to the Supreme Court and
such Court may examine the allegations of the petition in a
summary way ; and if upon examination such marriage appears
proper, such Court shall declare the marriage to. be a proper
marriage.

Such declaration shall be as effectual as if the person whose
consent was needed had consented to the marriage, and if he has
forbidden the issue of the Marriage Registrar's certificate such
certificate shall be issued and the like proceedings may be had in
relation to the marriage as if the issue of such certificate had not
been forbidden.

Petition where
a person whose
consent is
necessaiy is
insane or
unjustly with-
holds consent.
Procedure oa
petition.

PART III.

TIME AND PLACE AT WHICH MARRIAGES MAY BE
SOLEMNIZED.

10. Every marriage under this Enactment shall be solemnized Time for

between the hours of six in the morning and seven in the evening :
Provided that nothing in this section shall apply to

(a) a clergyman of the Church of England solemnizing a mar-

riage under a special license permitting him to do so
between certain hours other than between six in the
morning and seven in the evening under the hand and
seal of the Titular Anglican Bishop of Singapore or his
commissary or surrogate ; or

(b) a clergyman of the Church of Rome solemnizing a marriage

between the hours of seven in the evening and six in the
morning when he has received a general or special license
in that behalf from his episcopal superior or from such
person as such superior has authorized to grant such
license :

solemnizing
marriage.

Exceptions.

672

No. 1 OF 1915.

Place for

solemnizing

marriage.

under this Enactment or by a minister of the Presby-
terian Church of England under a special license in the
prescribed form from the Resident of the State in which
the marriage is solemnized authorizing the same ;

(d) a marriage solemnized in the presence of a Marriage Registrar

under a license in the prescribed form from the Resident
of the State in which the marriage is solemnized authorizing
the same.

11. No clergyman of the Church of England shall solemnize a
marriage in any place other than a church unless there is no church
belonging to the Church of England within five miles distance by
the shortest road from such place, or unless he has received a
special license authorizing him to do so under the hand and seal
of the said Titular Anglican Bishop or his commissary.

Kotice of
intended
marriage.

Publication of
notice.

Return or
transfer of
notice.

PART IV.

MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION
LICENSED UNDER THIS ENACTMENT OR BY MINIS-
TERS OF THE PRESBYTERIAN CHURCH OF ENGLAND.

12. Whenever a marriage is intended to be solemnized by a
minister of religion, which expression shall throughout this Part
mean and include a minister of the Presbyterian Church of England
as well as a minister of religion licensed to solemnize marriages
under this Enactment, one of the persons intending marriage shall
give notice in writing according to the form contained in the Second
Schedule or to the like effect to the minister of religion whom he or
she desires to solemnize the marriage, and shall state therein

(a) the name and surname and the profession or condition of
each of the persons intending marriage and whether each
is of full age or a minor ;

(6) the dwelling-place of each of them ;

(d) the church or place other than a church in which the

marriage is to be solemnized ;
Provided that if either of such persons has dwelt in the place
mentioned in the notice during more than one month, it may be
stated therein that he or she has dwelt there one month and
upwards.

13. If the persons intending marriage desire it to be solemnized
in a particular church and if the minister of religion to whom such
notice has been delivered be entitled to officiate therein, he shall
cause the notice to be affixed in some conspicuous jjart of such
church.

But if he is not entitled to officiate as a minister in such church,
he shall, at his option, either return the notice to the person who
delivered it to him or deliver it to some other minister entitled to
officiate therein, who shall thereupon cause the notice to be affixed
as aforesaid.

CHRISTIAN MARRIAGE.

673

14. If it be intended that the marriage shall be solemnized in a Notice of
place other than a church, the minister of religion on receiving the u"arriagem
notice prescribed in Section 12 shall forward it to the Marriage p'a^e other
Registrar for the district or State in which such place is situate,

who shall affix the same to some conspicuous place in his own
office.

15. When one of the persons intending marriage is a minor, copy of notice
every minister receiving such notice shall, unless within twenty-four Mamage*^ "^^
hours after its receipt he returns the same under the provisions of Registrar when
Section 13, send by the post or otherwise a copy of such notice to minor.

the Marriage Registrar for the district or State in which the
marriage is intended to be solemnized or, if there be no Registrar
for such district and more than one Registrar for such State, to
the Senior Marriage Registrar,

16. The Marriage Registrar or Senior Marriage Registrar, as the Procedure on
case may be, on receiving any such notice shall affix it to some noUc^. °
conspicuous place in his own office, and the latter shall further

cause a copy of the said notice to be sent to each of the other
Marriage Registrars in the same State, if any, who shall likewise
publish the same in the manner above directed.

17. Any minister of religion consenting or intending to solemnize i?sue of certia-
any such marriage as aforesaid shall, on being required so to do g^venand*^'*^^
by or on behaK of the person by whom the notice was given and declaration
upon one of the persons intending marriage making the declaration
hereinafter required, issue under his hand a certificate of such

notice having been given and of such declaration having been
made.

Provided Proviso.

(a) that no such certificate shall be issued until the expiration

of four days after the date of the receipt of the notice by
the minister ;

(b) that no lawful impediment be shewn to his satisfaction why

such certificate should not issue ; and

manner hereinafter mentioned by any person authorized
in that behalf.

18. The certificate mentioned in Section 17 shall not be issued Declaration
until one of the persons intending marriage has appeared jjersonally ^^^Pfl^^fJ^® °*
before the minister and made a solemn declaration

(a) that he or she believes that there is not any impediment of
kindred or affinity or other lawful hindrance to the said
marriage,

and, when either or both of the parties is or are a minor or minors,

(6) that the consent or consents required by law has or have
been obtained thereto or that there is no person resident
in the Colony of the Straits Settlements or in any State
in the Malay Peninsula under British Protection having
authority to give such consent, as the case may be.

11—43

674

No. 1 or 1915.

Power to
prohibit by
notice issne of
certificate.

Procedure on
receipt of
notice.

Issae of certifi-
cate in case of
minority.

Issue of
certificates to
native
Christians.

19. Every person whose consent to a marriage is required under
Section 8 is hereby authorized to prohibit the issue of the certificate
by any minister at any time before the issue of the same by notice
in ■RTiting to such minister, subscribed by the person so authorized
with his or her name and place of abode and position with respect
to either of the persons intending marriage by reason of Avhich he
or she is so authorized as aforesaid.

20. If any such notice be received by such minister, he shall not
issue his certificate and shall not solemnize the said marriage until
he has examined into the matter of the said prohibition and is
satisfied that the person prohibiting the marriage has no la^\-ful
authority for such prohibition or until the said notice is \\"ithdrav,n
by the person who gave it.

21. When either of the persons intending marriage is a minor
and the minister is not satisfied that the consent of the person
whose consent to such marriage is required by Section 8 has been
obtained, such minister shall not issue such certificate until the
expiration of fourteen days after the receipt by him of the notice
of marriage.

22. When any native Christian about to be married takes a notice
of marriage to a minister of rehgion or applies for a certificate from
such minister under Section 17, such minister shall, before issuing
the certificate, ascertain whether such native Christian is cognizant
of the purport and effect of the said notice or certificate, as the
case may be, and if not shall translate or cause to be translated the
notice or certificate to such native Christian into some language
which he understands.

Porm of
certificate.

23. The certificate to be issued by such minister shall be in the
form contained in the Third Schedule or to the Hke effect.

Solemnization
of marriage.

24. After the issue of the certificate by the minister marriage
may be solemnized between the persons therein described according
to such form or ceremony as the minister thinks fit to adopt :
provided that the marriage be solemnized in the presence of at
least two witnesses besides the minister.

Certificate void
if marriage not
solemnized
wrthin two
months.

25. Whenever a marriage is not solemnized within two months
after the date of the certificate issued by such minister as aforesaid,
such certificate and all proceedings, if any, thereon shall be void ;
and no person shall proceed to solemnize the said marriage until
new notice has been given and a certificate thereof issued in manner
aforesaid.

PART V.

REGISTRATION OF MARRIAGES SOLEMNIZED
BY MINISTER OF RELIGION.

Marriages when 26. All marriages hereafter solemnized in any State between
to be registered. p^.j.j.j^j^g^ ^^q qj. ^(j^Jj Qf -\vhom profcsscs or profcss the Christian

CHRISTIAN MARRIAGE.

675

religion, except marriages solemnized under Part VI,. shall be
registered in manner hereinafter prescribed.

27. Every clergj-man of the Church of England shall keep a Registration d
register of marriages and shall register therein according to the MkSni^S'b^
tabular form set forth in the Fourth Schedule every marriage ^jfe^hurchof
which he solemnizes under this Enactment. England.

28. Every clergjTnan of the Church of England shall send four Quarterly
times in every year returns, authenticated by his signature, of the ^rdideaconry
entries in the register of marriages solemnized at any place where ^^^.^^^'^^
he has rut spiritual charge to the Registrar of the Archdeaconry ^^^ ''
to which he is subject, or within the limits of which such place is
situate, and to the Chief Secretary, respectivelj^

Such quarterly returns shall contain all the entries of marriages Contents of
contained in the said register from the first daj^ of Januarj' to the ' "^'^^
thirty-first day of March, from the first day of April to the thirtieth
day of June, from the first day of July to the thirtieth day of
September, and from the first day of October to the thirty-first
day of December of each year, respectively, and shall be sent by
such clerg\-man within two weeks from the expiration of each of
the quarters above specified.

29. Every marriage solemnized by a clergyman of the Church
of Rome shall be registered by the j^erson and according to the
form directed in that behalf by the Roman Cathohc Bishop of the
diocese or Wcariate in which such marriage is solemnized, and such
person shall forward quarterly to the Chief Secretary returns of the
entries of all marriages registered b}' him during the three months
next preceding.

30. Every clerg}-man of the Church of Scotland shall keep a
register of marriages and shall register therein according to the
tabular form set forth in the Fourth Schedule every marriage
which he solemnizes under this Enactment, and shaJl forward
quarterh' to the Chief Secretary returns similar to those prescribed
in Section 28 of all such marriages.

31. Every marriage solemnized by any person who has received
episcopal ordination, but who is not a clergyman of the Church of
England or of the Church of Rome, or by any minister of religion
licensed under this Enactment to solemnize marriages or by any
minister of the Presb\-terian Church of England shall immediately
after the solemnization thereof be registered in duj^licate by the
person solemnizing the same — that is to say, in a marriage register
book to be kept by him for that purpose according to the form
contained in the Fifth Schedule and also in a certificate in the same
form attached to the marriage register book as a counterfoil.

32. The entry of such marriage in both the certificate and marriage
register book shall be signed by the person solemnizing the marriage
and also by the persons married and shall be attested by two credible
witnesses other than the person solemnizing the marriage present at
its solemnization.

Registration
and returns of
marriages
solemnized by
clergyman of
the Church of
Rome.

Registration
and reuum of
marriages
solemnized by
clergyman of"
the Church of
Scotland.

Certain

marriages to be
registered in
duplicate.

Entries of such
marriages to be
signed and
attested.

676

No. 1 OF 1915.

Certificate to be
forwarded to
Marriage
Registrar
copied and sent
to Cliief
-Secretary.

Copies of certifi-
cates to be
entered and
numbered.

Registrar to add
number of entry
to certificate
and send to
Chief Secretary.

Every such entry shall be made in order from the beginning to the
end of the book, and the number of the certificate shall correspond
with that of the entry in the marriage register book,

33. The person solemnizing the marriage shall forthwith separate
the certificate from the marriage register book and send it within one
month from the time of the solemnization to the Marriage Registrar
for the district or State in which the marriage was solemnized or, if
there be no Registrar for such district and more than one Registrar
for such State, to the Senior Marriage Registrar, who shall cause such
certificate to be copied into a book to be kept by him for that pur-
pose, and shall send all the certificates which he has received during
the month, with such number and signature or initials added thereto
as are hereinafter required, to the Chief Secretary.

34. Such copies shall be entered in order from the beginning to the
end of the said book and shall bear both the number of the certificate
as copied and also a number to be entered by the Marriage Registrar,
indicating the number of the entry of the said copy in the said book
according to the order in which he receives such certificate.

35. The Marriage Registrar shall also add such last-mentioned
number of the entry of the copy in the book to the certificate with his
signature or initials and shall at the end of every month send the
same to the Chief Secretary.

PART VI.

MARRIAGES SOLEMNIZED BY OR IN THE PRESENCE
OF MARRIAGE REGISTRAR.

Notice of
intended
marriage before
Marriage
Re^i'?trar.

Publication of
notice.

36. When a marriage is intended to be solemnized by or in the
presence of a Marriage Registrar, one of the parties to such marriage
shall give notice in writing in the form contained in the Second
Schedule or to the like effect to any Marriage Registrar having juris-
diction in the place in which the parties have been dwelling ;

Or, if the parties dwell in places within the jurisdiction of different
Marriage Registrars, shall give the like notice to the Marriage
Registrar of each place and shall state therein the name and surname
and the profession or condition of each of the parties intending
marriage, the dwelling-place of each of them, the time during which
each has dwelt therein and the place at which the marriage is to be
solemnized ;

Provided that if either party has dwelt in the place stated in the
notice for more than one month it may be stated therein that he or
she has dwelt there one month and upwards.

37. Every Marriage Registrar shall, on receiving any such notice,
cause a copy thereof to be affixed in some conspicuous place in his
office.

When one of the parties intending marriage is a minor, every
Marriage Registrar shall, within twenty-four hours after the receipt

CHRISTIAN MARRIAGE.

677

by him of the notice of such marriage, send by post or otherwise a
copy of such notice to each of the other Marriage Registrars, if any,
in the same State who shall likewise affix the copy in some con-
spicuous place in his own office.

38. The Marriage Registrar shall file all such notices and keep ^'i°^'';^„^copy
them with the records of his office and shall also forthwith enter a entered in the
true copy of all such notices in a book to be furnished to him for that l'^^'^^^ """"^
purpose by the Chief Secretary and to be called the " Marriage

Notice Book " ; and the marriage notice book shall be open at all
reasonable times without fee to all persons desirous of inspecting
the same.

39. If the party by whom the notice was given requests the not-^^jt^enind
Marriage Registrar to issue the certificate next hereinafter men- oath nTade.
tioned, and if one of the parties intending marriage has made oath

as hereinafter required, the Marriage Registrar shall issue under his
hand a certificate of such notice having been given and of such oath
having been made :

Provided
that no lawful impedim.ent be she^vn to liis satisfaction why such rroTiso,
certificate should not issue ;

that the issue of such certificate has not been forbidden in manner
hereinafter mentioned by any person authorized in that
behalf by this Enactment ;

that four days after the receipt of the notice have expired ; and
further

that, where by such oath it appears that one of the parties
intending marriage is a minor, fourteen days after the entry
of such notice have expired.

40. (i) The certificate mentioned in Section 39 shall not be issued path before

\ / issue of

by any Marriage Registrar until one of the parties intending certiiicatp.
marriage appears j)ersonally before such Marriage Registrar and
makes oath

(a) that he or she believes that there is not any impediment of

kindred or affinity or other lawful hindrance to the said
marriage ; and

(b) that both the parties have, or (where they have dwelt within

the jurisdictions of different Marriage Registrars) that the
party making such oath has had their, his, or her usual
place of abode within the jurisdiction of such Marriage
Registrar ; and

where either or each of the parties is a minor

(o) that the consent or consents to such marriage required by
law has or have been obtained thereto or that there is
no person resident in the Colony of the Straits Settlements
or in any State in the Malay Peninsula under British
Protection authorized to give such consent, as the case
may be.

678

No. 1 OF 1915.

Conseat of
father or
eruardian.
Protest agaiasfc
issue of
certificate.

Effect of
protest.

Petition when
Marriage Regis-
trar refuses
certificate.

Procedure on
petition.

Petition when
Registrar
doubts autho-
rity of persons
forbidding.

Procedure on
petition.

(ii) The Resident of the State wherein a party has given notice as
aforesaid may at any time thereafter grant a license in the prescribed
form authorizing the Marriage Registrar to issue his certificate on or
after any day mentioned in such license and may, when he sees fit,
grant a special license in the prescribed form dispensing with the
certificate of the Marriage Registrar and authorizing a marriage
between the parties to be solemnized in such State by any competent
person on a day and between certain hours to be specified in the
license.

41. Any person whose consent to any marriage is required under
Section 8 may enter a protest against the issue of the Marriage
Registrar's certificate by writing at any time before the issue of such
certificate the word " Forbidden " oioposite to the entry of the notice
of such intended marriage in the marriage notice book and by
subscribing thereto his or her name and place of abode and his or her
position with respect to either of the parties by reason of which his
or her consent is required.

When such j)rotest has been entered, no certificate shall issue
until the Marriage Registrar has examined into the matter of the
protest and is satisfied that it ought not to obstruct the issue of the
certificate for the said marriage or until the protest be withdrawn by
the person who entered it.

42. Whenever a Marriage Registrar refuses to issue a certificate
under this Part either of the parties intending marriage may apply
by petition to the Sujjreme Court.

The said Court may examine the allegations of the petition in a
summary way and shall decide thereon.

The decision of the said Court shall be final, and the Marriage
Registrar to whom the application for the issue of a certificate was
originally made shall proceed in accordance therewith.

43. Whenever a Marriage Registrar is not satisfied that the person
forbidding the issue of the certificate is authorized by law so to do,
such Marriage Registrar shall apply by petition to the Supreme
Court.

The said petition shall state all the circumstances of the case and
pray for the order and direction of the Suj^reme Court concerning
the same, and the said Court shall examine into the allegations of
the petition and the circumstances of the case, and if uj)on such
examination it appears that the person forbidding the issue of such
certificate is not authorized by law so to do the Court shall declare
that the person forbidding the issue of such certificate is not autho-
rized as aforesaid, and thereupon such certificate shall be issued and
the like proceedings may be had in relation to such marriage as if
the issue had not been forbidden.

Liability for
frivolous pro-
test against
the issue of
certificate.

44. Every person entering a protest with the Marriage Registrar
under this Part against the issue of any certificate on grounds which
such Marriage Registrar under Section 41 or the Supreme Court
under Section 42 or 43 declares to be frivolous and such as ought not

CHRISTIAN MARRIAGE.

679

Form of certi-
ficate.

to obstruct the issue of the certificate shall be liable for the cost of
all proceedings relating thereto and for damages to be recovered by
suit by the person against whose marriage such protest was entered.

45. The certificate to be issued by the Marriage Registrar under
the provisions of Section 39 shall be in the form contained in the
Third Schedule or to the like effect, and the Chief Secretary shall
furnish to every Marriage Registrar a sufficient number of forms of
certificate.

46. After the issue of the certificate of the Marriage Registrar or, Solemnization
where notice is required to be given under this Enactment to the afterTssueof
Marriage Registrars for different places, after the issue of the certifi- certificate.
cates of the Marriage Registrars for such places, the marriage may, if

there be no lawful impediment to the marriage of the parties described
in such certificate or certificates, be solemnized between them accord-
ing to such form and ceremony as they think fit to adopt, but every
such marriage shall be solemnized in the presence of some Marriage
Registrar (to whom shall be delivered such certificate or certificates
as aforesaid) and of two or more credible witnesses besides the
Marriage Registrar ; and in some part of the ceremony each of the
parties shall declare as follows or to the like effect —

" I do solemnly declare that I know not of any lawful impediment
why I, A. B., may not be joined in matrimony to C. D."

And each of the parties shall say to the other as follows, or to the
like effect —

" I call upon these persons here present to witness that I, A. B.,
do take thee, C. D., to be my lawful wedded wife (or
husband)."

47. Whenever a marriage is not solemnized within two months when mamajre
after the copy of the notice has been entered by the Marriage Regis- two months*^"^
trar as required by Section 38, the notice and the certificate, if any, after notice,

^ ■» now iiOuicc

issued thereupon and all other proceedings thereupon shall be void required.
and no person shall proceed to solemnize the marriage nor shall any
Marriage Registrar enter the same until new notice has been given
and entry made and certificate thereof given at the time and in the
manner aforesaid.

48. A Marriage Registrar before whom any marriage is solemnized Marriage Regis-
under this Part may ask of the persons to be married the several for^pTrUcuiars
particulars required to be registered touching such marriage.

to be registered.

49. After the solemnization of an}' marriage under this Part the Registration of
Marriage Registrar present at such solemnization shall forthwith ™iemnfz^ed
register the marriage in duplicate — that is to say, in a marriage ^'^'^^'^ ^^'^'- "^^
register book according to the form of the Fifth Schedule and also
in a certificate attached to the marriage register book as a counter-
foil. The entry of such marriage in both the certificate and the
marriage register book shall be signed by the person by or before
whom the marriage has been solemm'zed, if there be any such person,
and by the Marriage Registrar present at such marriage, whether
or not it is solemnized by him, and also by the parties married, and

680

No. 1 OF 1915.

Certificate to be
sent monthly to
Chief Secretary,

Custody of
register book.

Registrars to
ascertain that
notice and
certificate are
understood
by native
Christians,

Native Chris-
tians to be made
to understand
declarations.

attested by two credible Avitnesses other than the Marriage Registrar
and the person solemnizing the marriage.

Every such entry shall be made in order from the beginning to the
end of the book, and the number of the certificate shall correspond
with that of the entry in the marriage register book.

50. The Marriage Registrar shall forthwith separate the
certificate from the marriage register book and shall send it at
the end of the current month to the Chief Secretary.

The Marriage Registrar shall keep safely the said register book
until it is filled and shall then send it to the Chief Secretary to be
kept by him with the records of his office.

51. When any native Christian about to be married gives a notice
of marriage or applies for a certificate from a Marriage Registrar,
such Marriage Registrar shall ascertain whether the said native
Christian understands the English language and, if he does not, the
Marriage Registrar shall translate or cause to be translated such
notice or certificate or both of them, as the case may be, to such
native Christian into a language which he understands, or the
Marriage Registrar shall otherwise ascertain whether the native
Christian is cognizant of the purport and effect of the said notice
and certificate.

52. When any native Christian is married under the provisions of
this Part, the person solemnizing the marriage shall ascertain
whether such native Christian understands the English language
and, if he does not, the person solemnizing the marriage shall at the
time of solemnization translate or cause to be translated to such
native Christian into a language which he understands the declara-
tions made at such marriage in accordance with the provisions of
this Enactment.

PART VII.
PENALTIES.

False oatli,
notice, or
certificate for
procuring
marriage.

Forbidding by
false persona-
tion issue of
certificate by
Marriage
Registrar.

Solemnizing
marriage
without due
authority.

53. Whoever for the purpose of procuring any marriage inten-
tionally makes any false oath or signs any false notice or certificate
required by this Enactment shall be deemed guilty of the offence
described in Section 193 of the Penal Code.

54. Whoever forbids the issue by the Marriage Registrar of a
certificate by falsely representing himself to be a person whose
consent to the marriage is required by law knowing or believing
such representation to be false or not having reason to believe it to
be true shall be deemed guilty of the offence described in Section 205
of the Penal Code.

55. Whoever not being authorized under this Enactment to
solemnize a marriage in the absence of a Marriage Registrar know-
ingly solemnizes a marriage between persons one or both of whom
is or are a Christian or Christians shall be punished with imprison-

CHRISTIAN MARRIAGE.

681

ment of either description for a term which may extend to ten
years and shall also be liable to fine.

56. Whoever knowingly and wilfully contrary to the provisions solemnizing
of this Enactment solemnizes a marriage between persons one or ™roper^tiiSe or
both of whom is or are a Christian or Christians at any time other ^jtbout

1 • 1 witnesses.

than between the hours of six m the mornmg and seven m the
evening or in the absence of at least two credible witnesses other
than the person solemnizing the marriage shall be punished with
imprisonment of either description for a term which may extend
to three years and shall also be liable to fine.

57. Any minister of religion licensed to solemnize marriages solemnizing
under this Enactment or minister of the Presbyterian Church of marriage with-

-niii •! 11 . . ^ . . , out notice or

England who, without the prescribed notice m writing, or when withinjourteen
one of the parties to the marriage is a minor and the required
consent of the parents or guardians to such marriage has not been ^^or.
obtained within fourteen days after the receipt by him of notice
of such marriage, knowingly and wilfully solemnizes a marriage
under Part IV shall be punished with imprisonment of either
description for a term which ma}" extend to three years and shall
also be liable to fine.

days after notice
tf marriage with

58. A Marriage Registrar under this Enactment who knowingly
and wilfully commits any of the following offences :

(a) Issues any certificate for marriage or solemnizes any mar-
riage without publishing the notice of such marriage as
directed by this Enactment ;

(6) After the expiration of two months from the issue by him
of a certificate in respect of any marriage solemnizes such
marriage ;

license of the Resident of such State, any marriage when
one of the parties is a minor before the expiration of
fourteen dajs after the receipt of the notice of such
marriage or without sending by post or otherwise a copy
of such notice to the Senior Marriage Registrar for such
State if there be more Marriage Registrars than one and
if he himself be not the Senior Marriage Registrar ;

(d) Issues any certificate the issue of which has been prohibited

as in this Enactment by any person authorized to prohibit

the issue thereof ;
shall be punished with imprisonment of either description for a
term which may extend to five j^ears and shall also be liable to fine.

59. Any Marriage Registrar knowingly and wilfully issuing any
certificate for marriage after the exjoiration of two months after
the notice has been entered by him as aforesaid, or knowingly and
wilfully issuing any certificate for marriage where one of the parties
intending marriage is a minor before the expiration of fourteen
days after the entry of such notice or any certificate the issue of
which has been forbidden as aforesaid by any person authorized

Issuing certi-
ficate or marry-
ing without
publication of
notice.

Marrying after
expiry of
certificate.

Solemnizing
marriage with
minor within
fourteen days
or without
sending copy
of notice.

Issuing certifi-
cate against
authorized
prohibition.

Issuing certifi-
cate after
expiry of notice
or in case of
minor within
fourteen da3-s
after notice
or against
authorized
prohibition.

682

No. 1 or 1915.

in this behalf, shall be deemed to have committed an offence under
Section 166 of the Penal Code.

Marrring with-
out consent of
father or
guardian.

Persons
authorized to
solemnize
marriage
(other than
clergymen of
Church of
England,
Scotland, or
Rome).

Issuing certifi-
cate or

marrying -with-
out publishing
notice or after
expiry of
certificate.

Issuing certifi-
cate for or
solemnizing
marriage with
minor within
fourteen days
after notice.

Issuing
certificate
authorizedly
forbidden.

60. (i) Any person who, except in the case provided for by-
Section 9, knowingly and wilfully solemnizes any marriage without
the consent of any person whose consent is required for such
marriage or any marriage which has been forbidden by any person
authorized to forbid the same shall be punished with imprisonment
of either description for a term which may extend to four years
and shall also be liable to fine.

(ii) Whoever being authorized under this Enactment to solemnize
a marriage and — -

Not being a clergyman of the Church of England solemnizing
a marriage after due publication of banns or under a
license from the said Titular Anglican Bishoj) or his
commissary or surrogate duly authorized in that behalf ;

Or not being a clergjrman of the Church of Scotland solemnizing
a marriage according to the rules, rites, ceremonies, and
customs of that Church ;

Or not being a clergyma,n of the Church of Rome solemnizing a
marriage according to the rules, rites, ceremonies, and
customs of that Church ;

Knowingly and wilfully issues any certificate for marriage under
this Enactment or solemnizes any marriage between such
persons as aforesaid without publishing or causing to be
affixed the notice of such marriage as directed in Part IV
or after the expiration of two months after the certificate
has been issued by him ;

Or knowingly and wilfully issues any certificate for marriage or
solemnizes a marriage between such persons when one
of the parties intending marriage is a minor before the
expiration of fourteen days after the receipt of notice of
such marriage or without sending by post or otherwise
a copy of such notice to the Marriage Registrar for the
district or State in which the marriage is intended to be
solemnized or, if there be no Registrar for such district
and more than one Registrar for such State, to the Senior
Marriage Registrar ;

Or knowingly and wilfully issues any certificate the issue of
Avhich has been forbidden under this Enactment by a
person authorized to forbid the issue ;

shall be punished with imprisonment of either description for a
term which may extend to four years and shall also be liable to fine,

Destroying or
falsifying
register book.

61. Whoever by himself or another —

Wilfully destroys or injures any register book or the counterfoil
certificates thereof or any part thereof or any authen-
ticated extract therefrom ;

Or falsely makes or counterfeits any part of such register book
or counterfoil certificates ;

CHRISTIAN MARRIAGE. 683

Or wilfully inserts any false entry in any such register book or
counterfoil certificate or authenticated extract ;

shall be punished with imprisonment of either description for a
term which may extend to seven j'ears and shall also be liable to
fine.

62. Whoever being required by this Enactment to keep a register Kegiect to
of marriages " ?e|S!e?or

(a) fails to keep a proper register of such marriages ; ^.^ "^^ "^'^'

(6) neglects or refuses to send to the Chief Secretary such
returns of the entries of marriages contained in such
register as are prescribed by this Enactment to be sent
to the Chief Secretary ;

to any person legally requiring the same on tender of the
fee payable for such copj' ;

(d) does any act or thing wliich he is prohibited from doing or

omits to do anj' act or thing which he is required to do
by this Enactment for which no penalty is hereinbefore
expressly provided ;
shall be guilty of an offence and shall be liable on conviction for a
first offence to a fine not exceeding one hundred dollars and for
every subsequent offence to a fine not exceeding five hundred
dollars.

63. No prosecution for any offence punishable under this Enact- Limitation of
ment shall be instituted except with the authority, in writing, of ||^°derthis'^
the Legal Adviser of the Federated Malay States. Enactment

PART VIII.
MISCELLANEOUS.

64. Whenever any marriage has been solemnized in accordance iramagenofc
with the pro%isions of Sections 4 and 5 it shall not be void merely ori^e^i^ity"
on account of any irregularity in respect of any of the foUo^^'ing jjj^'j.^g'j^"'
matters — namely :

(a) Any statement made in regard to the dwelling of the persons

married or to the consent of any person whose consent
to such marriage is required by law ;

(b) The notice of the marriage ;

{(l) The time and place at which the marriage has been

solemnized ;
(e) The registration of the marriage.

65. Every person charged with the duty of registering any correction of
marriage who discovers any error in the form or substance of anj' ^"°^'
such entry may, within one month next after the discovery of such

684

No. 1 OF 1915.

Searches and
copies of
entries.

Certified copy
of entry in
marriage
register, etc.,
to be evidence.

Fees.

Bules.

error, in the presence of the persons married or, in case of their
death or absence, in the presence of two other credible witnesses
correct the error by entry in the margin without any alteration of
the original entry, and shall sign the marginal entry and add thereto
the date of such correction, and such person shall make the like
marginal entrj^ in the certificate thereof.

And every entry made under this section shall be attested by
the Avitnesses in whose presence it was made, and in case such
certificate has been already sent to the Chief Secretary such person
shall make and send in like manner a separate certificate of the
original erroneous entry and of the marginal correction therein
made.

66. Every person solemnizing a marriage under this Enactment
and hereby required to register the same and every Marriage
Registrar or the Chief Secretary having the custodj^ for the time
being of any register of marriages or of any certificate or duplicate
or copy of any certificate under this Enactment shall on payment
of the proper fees at all reasonable times allow searches to be made
in such register or for such certificate or duplicate or copy, and
give a copy under his hand of any entry in the same.

67. Every certified coj)y purporting to be signed by the person
entrusted under this Enactment with the custody of any marriage
register or certificate or duplicate, required to be kept or delivered
under this Enactment, of any entry of a marriage in such register
or of any such certificate or duplicate shall be received as evidence
of the marriage purporting to be so entered, or of the facts pur-
porting to be so certified therein, without further proof of such
register or certificate or duplicate or of any entry therein, respec-
tively, or of such coj^y.

68. Fees shall be chargeable under this Enactment for

receiving and publishing notices of marriages ;

issuing certificates of marriage by Marriage Registrars and
registering marriages by the same ;

entering protests against or prohibitions of the issue of marriage
certificates by the said Registrars ;

granting licenses or special licenses under Section 40 (ii) ;

searching register books or certificates or duplicates or copies
thereof ;

giAing copies of entries in the same under Section 66.

Subject to the approval of the Chief Secretary the Resident of
each State shall fix for the State whereof he is Resident the amount
of such fees, respectively, and may from time to time vary or remit
them either generally or in special cases as to him may seem fit.

69. (i) The Resident of each State may, Avith the approval of the
Chief Secretary, make rules for the State Avhcreof he is Resident,
in regard to any of the matters hereinafter specified and such rules

CHRISTIAN MARRIAGE.

685

shall be published in the Gazette and shall thereupon be of the same
force as if enacted in this Enactment.

(ii) The matters referred to in the last sub-section are as follows :

(a) The disposal of the fees mentioned in Section 68 ;

(ft) The sujjply of register books ;

{d) Prescribing any forms required by this Enactment and re-
forming, altering, or amending any of the forms prescribed
by the schedules to this Enactment.

70. Nothing in this Enactment applies to any marriage performed saving of
by any Minister, Consul-General, Consul, Vice-Consul, or Consular mlreiTges.
Agent between subjects of the State which he represents and
according to the laws of such State.

71. Nothing in this Enactment shall be deemed to validate any saving of
marriage which the personal law applicable to either of the parties a^'^Hcabie^ro
forbids him or her to enter into. parties.

72. Licenses and special licenses given under this Enactment Form of
maj' be in or in accordance with the forms contained in the Sixth lic^^is®-
Schedule.

The First Schedule.
ENACTMENTS REPEALED.

State.

No. and
year.

Short title.

Perak

3 of 1902

The Christian Marriage Enactment,
1902

Selangor

7 of 1902

Do.

N. Sembilan . .

4 of 1902

Do.

Pahang

7 of 1902

Do.

>> • •

2 of 1893

Registration of Marriages between
British Subjects

686

No. 1 OF 1915.

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Place in which the other

party resides, when the parties

dwell in different places.

Church, chapel, or place

in which the inarriage is to be

solemnized.

/S7. Mary's Church,
Kuala Lumpur.

Length of
residence.

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CHRISTIAN MARRIAGE.

687

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CHRISTIAN MARRIAGE.

689

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690

No. 1 OF 1915.

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"^N

CHRISTIAN MARRIAGE. 691

The Sixth Schedule.

(Form 1.)

FORM OF LICENSE TO SOLEMNIZE MARRIAGES.

{See Section 6.)

Whereas the Reverend , residing at , a

Minister of Religion— that is to say, an ordained Minister of the
[here specify the religious denomination], is desirous to be authorized
to celebrate marriages within the State of :

Now therefore in pursuance of " The Christian Marriage Enact-
ment, 1915," I do hereby authorize the said so long as this

license remains unrevoked to solemnize marriages in the State

Given under my hand at , this day of , 19. .

Resident of the State of .

(Form 2.)

SPECIAL LICENSE FOR A MINISTER OF RELIGION
TO SOLEMNIZE A MARRIAGE OTHERWISE THAN
BETWEEN THE HOURS OF SIX IN THE MORNING
AND SEVEN IN THE EVENING.

{See Section 10.)

Whereas a marriage is intended to be solemnized between

and and sufficient cause has been shewn why such marriage

should be allowed at a time other than that allowed by Section 10
of "The Christian Marriage Enactment, 1915 " :

Now therefore in pursuance of the said Enactment I hereby
specially License the Reverend A. B., a Minister of Religion, licensed
to solemnize marriages under the said Enactment, to solemnize the

said marriage between the hours of in the and

in the

Given under my hand at , this day of , 19 . .

Resident of the State of.

(Form 3.)

LICENSE FOR A MARRIAGE TO BE SOLEMNIZED
BEFORE A MARRIAGE REGISTRAR, OTHERWISE
THAN BETWEEN THE HOURS OF SIX IN THE
MORNING AND SEVEN IN THE EVENING.

{See Section 10.)

Whereas and desire to marry in the presence of the

Marriage Registrar of , and sufficient cause has been shewn to

692 No. 1 OF 1915.

me why such marriage should be allowed at a time other than that
allowed by Section 10 of " The Christian Marriage Enactment,
1915":

Now therefore in pursuance of the said Enactment I hereby
authorize the said marriage to be solemnized in the presence of the

said Marriage Registrar between the hours of in the

and in the

Given under my hand at , this day of , 19 . .

Resident of the State of

(Form 4.)

FORM OF LICENSE UNDER SECTION 40.

Whereas on the day of , 19. . , notice was given to the

Marriage Registrar at of a marriage intended to be had

between A. B. and CD. therein mentioned, and the said A. B. desires
to obtain a license for the immediate issue of a certificate of such
notice and has made before the said Marriage Registrar the affidavit
required by Part VI of " The Christian Marriage Enactment, 1915 " :

Now therefore in pursuance of the said Enactment I do hereby
authorize the said Marriage Registrar to issue the said certificate at
any time on or after the day of [the date of the notice].

Given under my hand at , this day of , 19 . .

Resident of the State of .

(Form 5.)
FORM OF SPECIAL LICENSE UNDER SECTION 40.

Whereas A. B. and C. D. desire to marry and sufficient cause has
been shewn to me why such marriage should be allowed without the
formalities prescribed by Part VI of " The Christian Marriage
Enactment, 1915 " : Now therefore in pursuance of the said Enact-
ment I do dispense with the giving of notice and the issue of the
certificate thereby prescribed [or as the case may be] and do hereby
authorize any competent person to solemnize marriage between the

said A. B. and C. D. at [place of solemnization] upon the day

of , 19 . . , between the hours of and

Given under my hand at , this day of , 19 . .

Resident of the State of

ENACTMENT NO. 3 OF 1915.

As amended by Fed. E. 24 of 1916 and 2 of 1920.

An Enactment to repeal and re-enact wdth amendments
the Law relating to the granting of Pensions to
Widows and Orphans of Public Servants and to the
management and control of such Pensions.

Arthur Young,

President of the Federal Council.

[1st June, 1915.
2nd July, 1915.]

It is hereby enacted by the Rulers of the Federated Malay States in
Council as follows : —

Widows' and short utie,

commencen
and repeal.

Interpretation.

1. (i) This Enactment may be cited as '" The
Orphans' Pension Enactment, 1915," and shall come into force upon commencement,
the publication thereof in the Gazette.

(ii) Upon the coming into force of this Enactment the Enactments
specified in the first schedule shall be repealed.

2. In this Enactment if not inconsistent with the context the
following expressions have the meanings hereinafter respectively
assigned to them — that is to say,

"Public servant" means a person holding a pensionable office
in the service of the Government of the Federated Malay States or a
member of the Police Force of the Federated Malay States of the
rank of sergeant or of higher rank but does not include any person
whose salary is less than twenty dollars a month or who is not
restricted by law to one wife at a time.

" Of a pensionable age " as aj)plied to children means in the case
of a male that he is under the age of eighteen years and in the
case of a female that she is under the age of twenty-one years and
has not been married.

'"Contributor" means and includes every j)erson from whose
salary or pennon deductions are made in accordance with the pro-
visions of this Enactment.

"The Directors" means such persons not less than three in
number as may be appointed from time to time b}^ the Chief
Secretary to Government to carry out the provisions of this Enact-
ment subject to the control of and to rules for their guidance
made by the Chief Secretary to Government.

" The Government " means the Government of the Federated
Malay States.

693

E. 2 of 1920.

694

No. 3 OF 1915.

Pensions to be
a charge on
general
revenue.

Future contri-
butions.

Abatements
from salaries
to be made.

Period for
which
abatement
shall be made.

Abatement to
be made from
salary of per-
manent post.

Contributions
where onicial
income is
reduced.

E. 21of 19U;.

3. (i) Pensions which would have been payable under any
Enactment hereby repealed if this Enactment had not been passed
and all future pensions shall after the commencement of this Enact-
ment be paid under the directions of the Chief Secretary to Govern-
ment and are hereby made charges upon the general revenue of the
Federated Malay States.

(ii) All future contributions and other revenues receivable from
public officers under the provisions of this Enactment shall be
carried to the credit of the Chief Secretary to Government as by law
incorporated.

4. From and after the commencement of this Enactment a
monthly abatement of four per cent, shall be made as well from the
salary or pension, as the case may be, of every public servant who
enters the ser^dce of the Government subsequently to the com-
mencement of this Enactment as from the salaries and pensions, as
the case may be, of such public servants as have become contributors
under any Enactment hereby repealed before the commencement of
this Enactment ; and all such abatements shall be paid to the credit
of the Chief Secretary to Government. Provided that in the case of
an officer holding or having held a post the salary of which is on a
sterling basis the abatement shall be made in dollars at four per cent,
of such sterling salary or pension converted into dollars at the rate
from time to time fixed by the Government for the payment of such
salaries or pensions. Provided further that contributions shall
continue to be made on the full salary whenever an officer is on leave
of absence with half salary or without salary.

A person who holding a non-pensionable office in the Government
service is appointed to a pensionable office shall be deemed to enter
into the service of the Government on the date of such appointment.

5. Such abatement shall continue to be made until the contributor
attains the age of sixty-five years, if he continues so long in the
service of the Government, or until such abatement has been made
for thirty-five successive years counting from the first abatement
from his original salary, in either of which events such abatement
shall cease ; and such abatement shall be calculated on the salary
of the permanent appointment of the contributor irrespective of any
temporary increment of salary which he may derive from an acting
appointment and irrespective of personal and other allowances,
except pensionable personal allowances which shall be deemed to be
part of the contributor's salary for the purpose of calculating such
abatement.

6. (i) // the official income of a contributor becomes reduced, whether
by reduction of salary or by his retirement on a jxnsion, he may upon
giving notice in writing to the Directors of his desire to do so continue
his rate of contribution for the remainder of the thirty-five years or until
he attains the age of siiiy-five according to the full amount of contribu-
tion paid by him at the date of such reduction or retiremeitt, as the
case may be, in which case his widow or children shall be entitled to
pension accordingly .

widows' and orphans' pension. 695

(ii) Where such reduction of official income is due to retirement on a
pension and the contributor draws a pension not only from the Federated
Malay States but also from the Colony of the Straits Settlements, or from
any Malay State under the protection of the British Government, he
shall, unless he contributes in accordance with the provisions of sub-
section (i), contribute on the aggregate amount of the pensions granted
to him by the Federated Malay States and by the said Colony, and by any
such Malay State and such aggregate amount shall for the purposes of
this section be deemed to be his reduced official income.

(iii) Where a contributor only contributes 07i his reduced official
income, any pension to his ividow or children shall be diminished in
the same proportion as it would have been increased had his rate of
contribution b£.en raised instead of being lowered.

7. A contributor who retires or is removed from the service of the -vvidower,
Government, being then a widower without children of a pensionable ^nsfo^nabie
age, shall cease to contribute and his rights under this Enactment shall "^1]^^'^^.
cease, except that he shall be entitled to repayment, without interest, of being removed.
fifty per cent, of the contributions made by him since the death of his last e. 2 of 1920.
wife or since the ceasing to be j)ensionable of his last child, whichever

event shall have last happened.

8. If a contributor who is a widower without children entitled to widower,
pensions dies while in the service, fifty per cent, of the contributions pensionable
made by him since the death of his last wife or the ceasing to be ?^t^\°'r^^."
pensionable of his last child, whichever event shall have last hap-
pened, shall be paid, but without interest, to his legal representative.

9. If a contributor who has retired on a pension subsequently contributor
ceases to have a wife or child who would on his death be entitled to peii^fon?"
pension, he shall thereupon cease to contribute a7id his rights under e. 2 of 1920.
this Enactment shall cease.

10. (i) A married contributor who retires or is removed from the inter^t ot

• PI/-. T <• 1 • , • J 1 1 X • contributors

service of the Government before he is entitled to a pension may retiring with-
continue to contribute from and after the date of his ceasing to draw °''' pension.
salary on the salary which he was receiving from the Government at
such date and at the same rate and subject to the same terms and
conditions as if he had continued in the service of the Government.
In the event of his failing so to continue to contribute, or in the event
of an}' contribution due from him being in arrear for six months, it
shall be considered that he has ceased to be a contributor and his
widow or widow and children, as the case may be, shall be entitled
on his death to a pension computed only on the basis of the interest
acquired by such contributor at the date of his ceasing to contribute
in accordance with the tables and rules hereinafter referred to.

(ii) A contributor who retires or is removed from the service of the e. 2 of 1920.
Government, being then a bachelor, shall cease to contribute and his
rights under this Enactment shall cease, except that he shall be entitled
to repayment, without interest, of fifty p)er cent, of the contributions made
by him.

11. If a contributor who is a bachelor dies while in the service, ^"^^^^^
fifty per cent, of the contributions made by him shall be paid, but bachelor.
without interest, to his legal representative.

696

No. 3 OF 1915.

Contribntor
transferred to
other employ-
ment in country
where the law
provides for
granting
pensions to
widows and
children.

E. 2 of 1920.

Contributor
transferred to
country where
no such law
exists.

E. 2 of 1920.

12. (i) When a contributor is transferred from the service of the
Government to other employment under the Crown of Great Britain
in some British Colony or other country or to the service of any
Malay State which may for the time being be under the protection of
the British Government in which Colony, country, or State provision
is made by law for the granting of pensions to widows and children
of persons employed in its service, he shall cease to contribute under
the provisions of this Enactment so soon as he shall become a
contributor under the provisions of that law, hut so that nevertheless

(a) his widow or children, as the case may he, shall he entitled on

his death to a pension computed on the basis of the pension
rights acquired hy such contributor at the date of his transfer
in accordarice ivith the tables and rules hereinafter referred to ;

(b) if he retires or is removed from the service of such Colony,

country, or State or dies while in the service thereof and is
at the time of such retirement, removal, cr death a widower
without children of a pensionable age or a bachelor, the pro-
visions of Section 7, 8, 10 (ii), or 11, as the case may be, shall
be deemed to apply.
(ii) When a contributor is transferred to a Colony, country, or
State (not being a Malay State or the State of North Borneo) where
no provision has been made by law for granting such pensions as
aforesaid, such contributor shall —

(a) if married or a widower having children of a pensionable age.
be entitled, on giving notice in writing to the Directors
within one month after his transfer from the service of
the Government of his desire to do so, to continue to be
a contributor on the salary of the last substantive appoint-
ment held by him in the Federated Malay States at the
date of his transfer, at the same rate and subject to the
same terms and conditions as if he had continued in
the service of the Government ;
(6) if then a widower without children of a pensionable age or a
bachelor be entitled to elect, on giving the notice required
to be given under joaragraph (a) of this sub-section, to
continue to contribute as is jirovided in the said para-
graph or to be paid fifty per cent, of his actual contribu-
tions.
In the event of the contributions of any such contributor being
in arrear for six months it shall be considered that he has ceased
to be a contributor and his widow or his widow and children, as
the case may be, shall be entitled on his death to a pension computed
only on the basis of the pension rights acquired by such con-
tributor at the date of his ceasing to contribute in accordance with
the tables and rules hereinafter referred to.

When any such contributor, being a widower without children
of a pensionable age or a bachelor, has elected to continue to contribute,
then if he retires or is removed from the service of such Colony, country,
or State or dies while in the service thereof and is at the time of stick
retirement, removal, or death a ividoiver icithout children of a pension-
able age or a bachelor, the provisions of Section 7, 8, 10 (ii), or 11, as
the case may be, shall be deemed to apply.

WIDOWS* AND orphans' PENSION. 697

When any such contributor, being a widower icithout children of
a pensionable age or a bachelor, has elected to be paid fifty per cent,
of his actual contributions, then on such payment being made his
rights and liabilities under this Enactment shcdl cease.

(iii) When a contributor, whether married or a bachelor, is contribute
transferred to any Malay State where no provision has been made jiaiay state
by law for granting such pensions as aforesaid or to the State of Htfexi^ts^orto
North Borneo, such contributor shall continue to be a contributor xorth Borneo.
under the provisions of this Enactment on the salary which for
the time being he may be entitled to receive in respect of any office
held by him in the service of such Malay State or the State of
North Borneo at the same rate and subject to the same terms and
conditions as if he had continued in the service of the Government
of the Federated Malay States.

In the event of the contributions of such contributor to the
Government of the Federated Malay States being in arrear, such
arrears together with interest thereon at the rate of six per cent,
shall be recoverable from such contributor as a debt due to the
Chief Secretary to Government or shall be deducted from any salary
which may subsequently be payable to him by the Government
of the Federated Malay States.

(iv) Where a contributor either elects or is bound under the
provisions of sub-section (ii) or (iii) to continue his contribution
after being transferred as aforesaid, he may cease to contribute
under this Enactment so soon as the Government of the Colony,
country, or State in whose service he shall be employed shall have
made provision by law for granting pensions to widows and children
of persons emploj'ed in its service and he shall have become a
contributor under the provisions of that law; but so that never- e. 2 of 1920.
theless, in the event of his so electing to cease contributing ,

(a) his widow or children, as the case may be, shall be entitled
on his death to a pension computed on the basis of the pension
rights acquired by such contributor at the date of his so
ceasing to contribute in accordance with the tables and rules
hereinafter referred to ;

• (6) if he retires or is removed from the service of such Colony,
country, or State or dies while in the service thereof and is
at the time of such retirement , removal, or death a widower
without children of a pensionable age or a bachelor, the
provisions of Section 7, 8, 10 (ii), or 11, as the case may be,
shall be deemed to apply.

Provided that nothing in this section shall affect the rights of any
contributor who was transferred from the service of the Govern-
ment to other employment under the Crown of Great Britain or to
the service of any Malay State before the first day of October,
1902.

(v) As soon as provision is made by the law of the State of
North Borneo for granting pensions to widows and children of
persons employed in the service of that State, the provisions
of sub-section (i) shall apjDly as if the State of North Borneo was
therein mentioned.

698

No. 3 OF 1915.

Contributors
transferred
from Straits
Settlements.

Arrears of
contribution
under the law
of tlie Straits
Settlements.

Kules for pay-
ment wlien a
contributor on
leave of absence
or pensioner is
paid by the
Crown" Agents.

Eesrister of
contributors
to be kept.

Public servants

hereafter

appointed.

13. When an officer in the service of the Colony of the Straits
Settlements Avho is a contributor under the Widows' and Orphans'
Pension Ordinance of the said Colony has been transferred to the
service of the Government of the Federated Malay States, he shall
forthwith become a contributor under this Enactment on the full
salary to which he shall from time to time be entitled in the service
of the Government of the Federated Malay States. Provided that
the period during which he has contributed under the Widows'
and Orphans' Pension Ordinance of the said Colony shall be taken
into account in reckoning the period of thirty-five years referred
to in Section 5.

14. When an officer in the service of the Colony of the Straits
Settlements who is a contributor under the Widows' and Orphans'
Pension Ordinance of the said Colony has been transferred to the
service of any Malay State where no provision has been made bj^
law for the granting of pensions to widows and children of persons
employed in its service and the contribution of such contributor
under the said Widows' and Orphans' Pension Ordinance is in
arrear, such arrears shall be deducted from any salary which may
subsequently be payable to him by the Government of the Federated
Malay States.

15. (i) When a contributor on leave of absence is paid by the
Crown Agents, he shall be entitled to receive ninety-six per cent,
or forty-six per cent, of his nominal salary, according as he is on
full or half pay leave, converted in the case of dollar salaries into
sterling at the rate of exchange at which such contributor is entitled
to receive such salary.

(ii) When a contributor receives his pension through the Crowti
Agents, such pension,

(a) if a dollar pension, shall be reduced by the amount of his

dollar contributions and the balance thus reduced shall
be payable to him converted into sterling at the rate of
exchange at which he is entitled to receive such pension ;
and

(b) if a sterling pension, shall be payable to him reduced only

by four per cent, of his sterling salary or pension, as the
case may be.

16. (i) A register shall be kept by the Directors in which shall
be entered the date of the birth of every contributor and, if he be
married, the dates of the births of his wife and children (if any)
and all other dates and particulars respecting contributors and
their families material to be recorded for the purposes of this
Enactment.

(ii) Every public servant who enters the service of the Govern-
ment subsequently to the commencement of this Enactment or
who if a police officer attains the -rank of sergeant after the com-
mencement of this Enactment shall within six months after the
date thereof notify to the Directors the date of his birth, and if
he be a married man the date of his marriage and of the births of
his Avife and children (if any), all duly proved to the satisfaction
of the Directors by affidavit or otherwise.

WIDOWS AND ORPHANS PENSION.

699

To notify
marriage or
divorce.

To notify
birth of child,
marriage of
daughter,
ami death of
wife or child.

Death of
contributor
and birth of
posthumous
child and
marriage or
death of child
to be notified.

(iii) Every contributor who marries after the commencement of
this Enactment or who being married becomes divorced from his
wife shall within three months after his marriage or divorce, as
the case may be, notify the same to the Directors in writing and
in case of his marriage state the date of the birth of his wife duly
proved as aforesaid.

(iv) Every contributor shall notify to the Directors in writing
the birth of each child born to him within three months from the
date of such birth, duly proved as aforesaid, and the marriage of
^ny female child under the age of twenty-one within three months
from the date of such marriage, and also within three months from
the date of the event the death of his wife or any of his pensionable
■children.

(v) After the death of any contributor notice of such death and
of the birth of any posthumous child born to such contributor,
duly proved as aforesaid, and of the marriage of any female child
of such contributor under the age of twenty-one years, and of the
death of anj^ child of such contributor under the age of eighteen
years if a male or under the age of twenty-one years if a female
shall be given in writing by the widow of such contributor to the
Directors within three months after the date of the event.

17. A contributor or widow who fails or neglects to comply with Penalty for
any of the requirements of the foregoing section shall for each ancewlth''
default pay a fine not exceeding twenty-five dollars, which shall ^"'"esoins-
be deducted from his or her salary or pension, as the case mav

be, by the Treasurer on the certificate of the Directors. A con-
tributor who wilfully makes any false statement respecting any Penalty for false
of the particulars required to be furnished by this Enactment shall ^'^ ^°^^° '
forfeit at the discretion of the Directors all or any part of his rights
under this Enactment.

18. (i) The prospective i^ensions of the widows and orphans of Calculation of
public officers contributing under any Enactment hereby repealed
on the day previous to the commencement of this Enactment and
the existing pensions of the widows and orphans of any former

public officers who died previous to that date shall be payable on
the basis of the tables and rules contained in the second schedule ;
provided that in any case in which the pension already guaranteed
under tables and rules previously in force would be in excess of
the amount to be calculated under the tables and rules contained
in the second schedule the higher amount shall be allowed and
guaranteed.

(ii) All pensions accruing after the commencement of this Enact-
ment in respect of increments of salary of existing public officers
and in respect of original salar}^ and increments of salary of future i

public officers shall be calculated according to the tables and rules
contained in the second schedule.

(iii) In the case of contributions made in the manner provided Pensions how
in Section 4 for officers holding or having held posts the salary of cLe^of sterring
which is on a sterling basis, such contributions shall for the purpose salaries.
of calculating pensions be deemed to be fixed sterling contributions
and the pensions shall accordingly be fixed and jiaj^able in sterlincy

future and

existing

pensions.

700

No. 3 OF 1915.

Results of
actuarial valua-
tion under
repealed law.

When widow
not entitled to
pension.

Pension when
to commence.

When widow's
pension ceases.

or if paid in the Federated Malay States shall be converted into
dollars at the rate annually or periodically fixed by the Government
for the payment in the Federated Malay States of officers' salaries
or pensions.

19. On the comi^letion of the valuation made in pursuance of
Section 17 of the WidoAvs' and Orphans' Pension Enactments, 1905,
of the assets and liabilities of the Fund referred to in the said
section the whole surplus if any disclosed by such valuation shall
be ajDplied in increasing the prospective pensions of the widows
and orphans of the contributors to the said Fund at the date of
valuation and of former contributors who have ceased to contribute
on attaining the age of sixty-five or on leaving the service and the
existing pensions of the widows and orj^hans of those who have
died since the 31st December, 1900, in such shares and proportions
as shall be recommended by the Actuary, having due regard to
the principles laid down in this Enactment, account being taken
in such division of the surplus of the fact that under the proviso
contained in the first sub-section of the last preceding section cer-
tain jDcnsions will have been fixed at a higher rate than is provided
for by the tables and rules contained in the second schedule.

20. (i) No widow whose marriage was contracted after her
husband has completed his thirty-five years of contribution or has
attained the age of sixty-five or has retired on a pension and no
issue of such marriage and

(ii) No widow whose husband dies within twelve calendar
months of the marriage without issue of such marriage born in his
lifetime or in due time after his death
shall be entitled to any pension under this Enactment.

Provided always that the Chief Secretary to Government may,
if he shall think fit, allow to such last-mentioned widow all or any
part of the jjension to which she would have been entitled but for
the provisions of the last preceding sub-section.

21. The pension payable to a Midow or child or children under
this Enactment shall commence upon the death of the husband or
father or mother, as the case may be, shall accrue daily, and shall
be payable monthly free from any deduction.

22. A widow's pension shall cease on her death or re-marriage or
on her becoming a bankrupt. When a widow's pension ceases in
her lifetime, she shall for the purposes of this Enactment be deemed
to have died at the time of such cesser ; provided always that if a
widow's pension ceases in her lifetime by reason of her bankruptcy
the Chief Secretary to Government may from time to time during
the remainder of her life, or during such shorter period or jDeriods
either continuous or otherwise as he shall think fit, direct the
payment of all or any part of so much (if any) of the said pension
as is not for the time being payable to any child or children of such
widow or of any husband of hers under the provisions of this
Enactment to, or appl}^ the same for the maintenance and personal
support or benefit of, such widow in such manner as he shall from
time to time think proper.

WIDOWS AND ORPHANS PENSION.

701

23. Children's pensions shall cease in the case of a male on his when
attaining the age of eighteen years and in the case of a female on pell^ons cease.
her attaining the age of twenty-one years or marrying under that

age.

24. If a contributor dies leaving a widow but no child of a pen- where widow
sionable age by a previous marriage, the widow shall be entitled by previous*^
to receive a pension calculated according to the tables and rules n^arr'age.
applicable to her case under this Enactment.

25. If a contributor dies leaving no widow but a child or children where no

of a pensionable age by one marriage, such child or children shall chUdTil'^onQ"'
be entitled to receive the pension which his or their mother would marriage.
have been entitled to if she had survived the contributor.

26. If a contributor dies leaving no widow but children of pen- where no
sionable age by two or more marriages, the child or children of Thiidren'^by^"'
each marriage shall be entitled to receive one-half, one-third, or several
one-quarter (as the case may be) of the pension which his or their

mother would have been entitled to if she had survived the
contributor and there had been no child by any other maFriage.

27. If a contributor dies leaving a widow, and also a child or where widow
children of pensionable age by one previous marriage — b Vrevio^'^

(i) The widow shall be entitled to receive one-half of the pension '^^"''^se.
which she would have been entitled to receive if there
had been no such child or children ; and

(ii) Such child or children shall be entitled to receive one-half
of the pension which his or their mother would have been
entitled to if she had survived the contributor.

Where widow
left and
children by
several
marriages.

28. If a contributor dies leaving a widow and children of
pensionable age by two or more marriages —

(i) The widow shall be entitled to receive one-third or one-
quarter (as the case may be) of the pension which she
would have received if there had been no child by a
previous marriage ;

(ii) The child or children of each previous marriage shall be
entitled to receive one- third or one-quarter (as the case
may be) of the pension which his or their mother would
have been entitled to if she had survived the contributor
and there had been no child by any other marriage.

29. When the widow of a contributor ceases to be entitled to a interest of
pension, the child or children of a contributor shall be entitled to wYdow-s '^''^"
receive the pension which he or they would have been entitled interest ceases.
to receive if such widow had predeceased the contributor.

30. If any child dies or ceases to be of pensionable age, the interest of
surviving children of the same marriage shall be entitled to receive whe^n child's^"*
the pension to which they would have been entitled if such child had interest ceases.
predeceased the contributor.

702

No. 3 OF 1915.

Interest of
others when
interest of all
children of a
marriage ceases.

31. When all the children of any marriage cease to be of pension-
able age, then the person or persons entitled under the preceding
sections shall be entitled to receive the pension which he or they
would have been entitled to receive if there had been no child of
such marriage of pensionable age living at the death of the con-
tributor.

Children share
equally.

What proof to
be produced
before payment
of pension.

32. Where children of any marriage are entitled to any pension ^
they shall take the same in equal shares.

33. Widows and children claiming to be entitled to pension under
this Enactment and residing out of the Federated Malay States
must from time to time produce such proof as the Directors may
require of their being alive and entitled to pension and the payment of
any pension may be refused until such proof is furnished to the
satisfaction of the Directors.

Discretion as to
payment of
minor's
pensions.

Pension not to
be assigned or
levied upon.

Questions and
disputes to be
decided by the
Chief Secretary
to Government.

Limit of

compulsory

contribution.

Rules.

34. (1) In all cases where under this Enactment the parties
entitled to pensions are minors such pensions may on order of the
Directors be paid either to the legal guardian or guardians of
such minors or to such minors or to such person or persons as the
Directors may in their absolute discretion think fit and proper
persons to apply the. same for the benefit of such minors and after
payment the Directors and the Government shall be free from all
responsibility in respect of such payment.

(ii) In the case of any pension Avhich is paid through the Crown
Agents for the Colonies the power given by sub-section (i) to the
Directors may be exercised by the Crown Agents.

35. No pension payable under this Enactment nor the rights of
any contributor acquired thereunder shall be assignable or trans-
ferable or liable to be attached, sequestrated, or levied upon for or
in respect of any debt or claim whatsoever.

36. All questions and disputes as to who is entitled to be deemed
a contributor or as to the right of a widow or child to a pension or as
to the amount of such pension or as to the rights or liabilities of any
person under this Enactment shall be referred by the Directors to
the Chief Secretary to Government whose decision shall be binding
and conclusive on all parties and shall be final to all intents and
purposes and shall not be subject to appeal or be questioned or
revised by any court of justice.

37. No person contributing at the commencement of this Enact-
ment shall be required to pay any higher contribution than such as
would entitle his widow or children to a pension of $1,500 or £225
per annum, provided that every such person may, if he wishes,
contribute the full four per cent, of his salary or pension referred to
in Section 4 and Section 6.

38. The Chief Secretary to Government may from time to time
frame rules not inconsistent herewith for the proper carrying out of
the provisions of this Enactment.

WIDOWS AND ORPHANS PENSION.

703

First Schedule,
ENACTMENTS REPEALED.

State.

No. and
year.

Short title.

Perak

Selangor

17 of 1905 I The Widows' and Orphans' Pension
Enactment, 1905

13 of 1905

Negri Sembilan 13 of 1905

Pahang
Perak

11 of 1905

Do.
Do.
Do.

2 of 1908 i The Widows' and Orphans' Pension
; Enactment, 1905, Amendment
i Enactment, 1908

3' of 1908

Selangor

Negri Sembilan i 3 of 1908

Pahang . . ] 5 of 1908

Do.
Do.
Do.

Second Schedule.
SYNOPSIS OF RULES.

A.— PUBLIC OFFICER WHO COMMENCED TO CONTRIBUTE
WHILE A BACHELOR.

I. — First Wife's Prospective Pension.

/ X -r» Calculation

(a) Pension in consideration of the COISKTRIBUTIONS I of registered

paid during bachelorhood.

(b) Pension in consideration of the annual contribu-

tion CURRENT AT THE DATE OF MARRIAGE.

TO, AND decrements FROM, THE CURRENT ANNUAL

contribution wtiile the contributor is married
TO his first wife.

704

No. 3 OF 1915.

( II. — Second, and Subsequent, Wife's Prospective Pension.

(a) Variations of pension consequent on increments

TO, AND decrements FROM, THE CURRENT ANNUAL
CONTRIBUTION WHILE THE CONTRIBUTOR IS A
WIDOWER.

(b) Variations of pension consequent on the re-

marriage OF THE contributor.

TO, AND decrements FROM, THE CURRENT ANNUAL
CONTRIBUTION WHILE THE CONTRIBUTOR IS MARRIED
TO HIS SECOND, OR SUBSEQUENT, WIFE.

B.— PUBLIC OFFICER WHO COMMENCED TO CONTRIBUTE
AVHILE MARRIED.

III. — First Wife's Prospective Pension.

(a) Pension in consideration of the annual contribu-

tion CURRENT AT THE DATE OF COMMENCEMENT OF

the contribution,

(b) Variations of pension consequent on increments

TO, AND decrements FROM, THE CURRENT ANNUAL
CONTRIBUTION WHILE THE CONTRIBUTOR IS MARRIED
TO HIS FIRST WIFE.

IV. — Second, and Subsequent, Wife's Prospective Pension.

(a) Variations of pension consequent on increments

TO, AND decrements FROM, THE CURRENT ANNUAL
CONTRIBUTION WHILE THE CONTRIBUTOR IS A
WIDOWER.

(b) Variations of pension consequent on the re-

marriage OF THE CONTRIBUTOR.

TO, AND DECREMENTS FROM, THE CURRENT ANNUAL
CONTRIBUTION WHILE THE CONTRIBUTOR IS MARRIED
TO HIS SECOND, OR SUBSEQUENT, WIFE.

C— PUBLIC OFFICER WHO COMMENCED TO CONTRIBUTE
WHILE A WIDOWER.

\ V. — Second, and Subsequent, Wife's Prospective Pension.

D.— PENSIONS TO ORPHAN CHILDREN.

VI. — Orphans' Pensions at Death of Widower Contributor.

(a) Case where the orphans are the issue of the same

wife.

(b) Case where the orphans are the issue of different

wives.

widows' and orphans' pension. 705

VII. — Orphans' Pensions at Death or Re-marriage of Widow.
VIII. — Orphans' Pensions at Death of Married Contributor.

E.— PUBLIC officer TRANSFERRED TO EMPLOYMENT UNDER
THE CROWN OF GREAT BRITAIN OR UNDER THE GOVERN-
MENT OF A MALAY STATE OTHER THAN ONE OF THE
FEDERATED MALAY STATES.

F.— CALCULATION OF QUANTITIES (OR TABULAR RESULTS)
FOR AGES NOT GIVEN IN THE TABLES.

A TO C— CALCULATION OF REGISTERED PENSIONS.

The calculation of the amount of the pension that will or may
become payable at the death of a contributor should not be delayed
until such death has actuall}^ occurred : but a register should be
kept in which full particulars resiDecting each contributor should be
entered, and in this register should be recorded against every married
and widower contributor the amount of the pension which would
become payable should he die immediately, leaving a widow or
orphans entitled to such pension. The amount of the pension per
annum so entered in the register against a contributor, or in other
words, his "registered pension" should be calculated (and re-
calculated as often as may be necessary) in accordance with the
following rules :

A.— PUBLIC OFFICER WHO COMMENCED TO CONTRIBUTE
WHILE A BACHELOR.

Note. — No registered pension is to be recorded unless and until the bachelor
contributor marries.

I. — First Wife's Prospective Pension.

Note. — The registered pension to be recorded on marriage is found by
adding together the two amounts calculated in accordance with the following
Rules I (a) and I (b), respectively.

(a) Pension in consideration of the contributions

PAID during bachelorhood.

Rule I. (a) Accumulate the contributions at 6 per cent,
compound interest, with yearly rests at each
31st December, and multiply the result by

u-45

706 No. 3 OF 1915.

the quantity found from Table A corre
sponding-to the respective ages next birthday
of the husband and wife at the date of
marriage.

The product gives the registered pension
on account of the contributions paid during
bachelorhood.

(b) Pension in consideration of the annual conteibu-

TION current at THE DATE OF MARRIAGE.

Note. — The amount of the current annual contribution is obtained by-
multiplying by 12 the amount of the last monthly contribution.

Rule I. (6) Turn to the section of Table B which contains
in the heading the age of the husband at the
date of completion of his period of contribu-
tion ; and multiply the amount of the current
annual contribution by the quantity found
from that section corresponding to the
respective ages next birthday of the husband
and wife at the date of marriage.

The product gives the registered pension
on account of the annual contribution
current at the date of marriage.

Example of the application of Rules I (a) and I (6).

Officer born on 31st July, 1878

,, commenced to contri-

,, bute on . . . . 1st AjDril, 1904

,, married on . . . . 30th June, 1908

Annual contribution, 1st April,

1904, to 31st December, 1906 820

Annual contribution, 1st Jan.,

1907, to date of marriage . . 830

Date of completion of contri-
bution period . . . . 1st April, 1939

Wife born on 31st August, 1888

Officer's age next birthday at
date of marriage . . . . 30

Officer's age next birthday at
comijletion of contribution
period . . . . . . 61

Wife's age next birthday at
date of marriage . . . . 20

Application of Rule I (a).
Accumulations of contributions paid during bachelorhood:
Contributions from 1st Ai^ril to 31st De-
cember, 1904 S 15.00

Contributions during 1905 20.00

One year's interest at 6 per cent, on

$15 .90

35.90

widows' and orphans' pension. 707

Brought forward . . $ 35 . 90

Contributions during 1906 20.00

One year's interest at 6 per cent, on

$35.90 2.15

58.05

Contributions during 1907 30.00

One j-ear's interest at 6 per cent, on

■S58.05 3.48

91.53

Contributions from 1st January to 30th

June, 1908

Half-year's interest at (3 per cent, on
$91.53

Total accumulation

Quantity found from Table A — Husband^ 301

Wife 1 20j

Application of Rule I (&).

Annual contribution current at the date of marriage S30.

Quantity found from Table B, section for oihcers aged 61
next birthday at completion of period of contribution :

Husband ^ 30

Wifei 20 ' •• "^'^^

$30 X 4.29 = 8128.70 = registered pension in considera-
tion of annual contribution current at marriage.

Total Registered Pension to be recorded on the
bachelor contributor marrying :

By Rule I (a) $ 37.81

„ „ {b) 128.70

Total .. $166.51

(c) Vakiations of pension consequent on increments
to, and decrements from, the current annual
contribution while the contributor is married

TO HIS first wife.

Note. — The cessation of the contribution from any cause before the com-
pletion of the full period of contribution mu^t be regarded as a decrement
from the current annual contribution equal to the amount of such cuirent
annual contribution,

1 Note. — Where the ages are not given in the Tables, proceed as illustrated
in the general examples given on pages 715, 716, and 717.

708 No. 3 OF 1915.

Rule I (c) Turn to the section of Table B which contains in
the heading the age of the husband at the
date of completion of his jteriod of contribu-
tion ; and multiply the amount of the incre-
ment to, or the decrement from, the current
annual contribution by the quantity found
from that section corresponding to the
respective ages next birthday of the husband
and wife at the date of the variation of the
contribution.

The product gives the amount to be added
to the registered pension consequent on the
increment to the current annual contribu-
tion, or as the case may be, the amount to be
deducted from the registered pension conse-
quent on the decrement from the current
annual contribution.

Example of the application of Rule I (c).

Assume particulars as in the example subjoined to Rules
I (a) and I (6).

Annual contribution increased on 31st May,
1913, from 830 to $50

Annualcontribution decreased on 30th April,
1918, from 850 to $40

Annual contribution ceased on 31st March, 1923

31st May, 1913, increment to current annual con-
tribution $20

Quantitj^ found from Table B, section for officers aged 61
next birthdaj' at completion of period of contribution —

Husband
Wife

35 1

25 J ••

3-56

$20 X 3 '56 = 871.20 = amount to be added to the
registered pension.

Registered pension at marriage, see example

subjoined to Rules I (a) and I (6) .. $160.51
Add 71.20

Registered pension at 31st May, 1913 . . $237.71

widows' and orphans' pension. 709

30th April, 1918, decrement from current annual
contribution . . . . . . . . . . . . $10

Quantity found from Table B, section for officers aged 61
next birthday at completion of period of contribution :

Husband 40 l o ai

■ Wife 30 / • • -^ ^^

810 X 2*91 = 829.10 = amount to be deducted from the
registered pension.

Registered pension at 31st May. 1913, as

above ^ .. .. $237.71

Deduct 29.10

Registered pension at 30th April, 1918 . . $208.61

31st March, 1923, cessation of contribution regarded
as a decrement from current annual contribution . . $40

Quantity found from Table B, section for officers aged 61
next birthday at completion of period for contribution :

Husband 45 "] .-> qa

Wife 35 I •• "'"^^

840 X 2-30 = 892 = amount to be deducted from the
registered pension.

Registered pension at 30th April, 1918. as

above 8208.61

Deduct 92.00

Registered pension at 31st March, 1923.. 8116.61

II. — Second, and Subsequent, Wife's Prospective Pension.

(a) Variations of pension consequent on increments

TO, AND decrements FROM. THE CURRENT ANNUAL
CONTRIBUTION WHILE THE CONTRIBUTOR IS A
WIDOWER.

Rule II (a) Assume that the contributor is married to a
wife of the age that his last preceding -wife
would have been had she survived to the
date of the variation of the contribution, and
proceed in accordance with Rule I (c).

710 No. 3 OF 1915.

Example of the application of Rule II (a).

If the particulars be as in the example subjoined to Rule I (c),
except that the first wife, who was born on 31st August, 188S, died
on 30th November, 1908, it would be assumed that the contributor
was at the date of each of .the three variations of the contribution
married to a wife who was born on the 31st August, 1888. The
calculations will then be identical with those given in the example
subjoined to Rule I (c).

(b) Variations of pension consequent on the re-
marriage OF the contributor.

Note. — No variation of the registered pension is to be recorded if the second,
or subsequent, wife was at the date of the re-marriage of the same a(je next birth-
day as the last preceding wife would have been had she survived to that date.

Rule II (6) If the second, or subsequent, wife was at the
date of the re -marriage of a less or greater age
7iext birthday than the last preceding wife
would have been had she survived to that
date, multiply the amount of the registered
pension by the quantity found from Table C
corresponding to the age next birthday of
the husband at the date of re-marriage, and
the age next birthday which the last pre-
ceding wife would have attained had she
survived to that date ; multiply the product
so obtained by the quantity found from
Table A corresi^onding to the respective ages
of the husband and of the second, or subse-
quent, Avife at the date of the re-marriage.

The result gives the registered pension to be recorded on the
re-marriage of the contributor.

Example of the application of Rule II (6).

Assume particulars as in the example subjoined to Rules I (a) and
lib).

First wife died on . . . . 30th Nov., 1908

Contributor re-married on . . 31st Jan., 1913
Contributor's age next birthday

at date of re-marriage . . 35
Second wife born on . . . . 30th June, 1893

Second wife's age next birthday

at date of the re -marriage . . 20
Age next birthday which the

first wife would have attained

had she survived to date of

the re-marriage . . . . 25

widows' and orphans' pension. 711

31st January, 1913. — The second wife being of a less age next
birthday at the date of the re-marriage than the first wife would
have been had she survived, the registered pension §166.51 [see
example subjoined to Rules I (a) and I (b)] is to be recalculated.

Quantity found from Table C :

Husband 35
Wife 25

Quantity found from Table A :

Husband 35
Wife 20

3-224

■293

$166.51 X 3-224 = .S536.83

$536.83 X -293 = 8157.29 = registered pension at 31st
January, 1913.

TO, AND decrements FROM, THE CURRENT ANNUAL
CONTRIBUTION WHILE THE CONTRIBUTOR IS MARRIED
TO HIS SECOND, OR SUBSEQUENT, WIFE,

Rule II (c) Proceed as in Rule I (c).

B.— PUBLIC officer WHO COMMENCED TO CONTRIBUTE
WHILE MARRIED.

III. — First Wife's Prospective Pension.

Note. — In every case of a public officer who commenced to contribute while
married, the wife at the date of commencement of the contribution is to be
considered as the officer's first wife, and no particulars are to be recorded
respecting any former wife to whom he may have been married, unless there is
issue of such former wife of a pensionable age (see D. — Pensions to orphan
children).

(a) Pension in consideration of the annual contribu-
tion current at the date of commencement of

THE contribution.

Rule III (a) Turn to the section of Table B which contains
in the heading the age of the husband at the
date of completion of his period of contribu-
tion ; and multiply the amount of the
current annual contribution by the quantity
found from that section corresponding to
the respective ages next birthday of the
husband and wife at the date of the com-
mencement of the contribution.

712 No. 3 OF 1915.

The product gives the registered pension on account of the
annual contribution current at the date of commencement of the
contribution.

Example of the application of Rule III (a).

Officer born on 31st Aug., 1870

,, married on 30th June, 1899

,, commenced to contri-
bute on . . . . 31st July, 1910

Annual contribution current on

31st July, 1910 • . . . . SlOO

Date of completion of contribu-
tion period 31st Aug., 1935

Wife born on 31st Oct., 1880

Officer's age next birthday on
31st July, 1910 . . ■' . . 40

Officer's age at completion of
contribution period . . 65

Wife's age next birthday on
31st July, 1910 . . . . 30

31st July, 1910, current annual

contribution . . . . $100

Quantity found from Table B, section for officers aged 65 next
birthday at completion of period of contribution :

Husband 40

Wife 30 J ■• ^'^^

$100 X 3*07 = $307 = registered pension in consideration
of annual contribution current at commencement of
contribution.

(b) Variations of pension consequent on increments

TO, AND decrements FROM, THE CURRENT ANNUAL
contribution while the CONTRIBUTOR IS MARRIED
TO HIS FIRST WIPE.

Rule III (b) Proceed as in Rule I (c).
IV. — Second, and Subsequent, Wife's Prospective Pension.

(a) Variations of pension consequent on increments

to, and decrements from, the current annual
contribution while the contributor is a
widower.

Rule IV (a) Proceed as in Rule II (a).

(b) Variations of pension consequent on the re-

marriage TO the contributor.
Rule IV (b) Proceed as in Rule II (6).

TO, AND decrements FROM, THE CURRENT ANNUAL
CONTRIBUTION WHILE THE CONTRIBUTOR IS MARRIED
TO HIS SECOND, OR SUBSEQUENT, WIFE.

Rule IV (c) Proceed as in Rule I (c).

widows' and orphans' pension. 713

C— PUBLIC officer WHO COMMENCED TO CONTRIBUTE
WHILE A WIDOWER.

V. — Second, and Subsequent, Wife's Prospective Pension.

Rule V. For the purpose of calculating the registered
pension assume that the deceased wife
survived to the date of commencement of
the contribution and died immediately after-
wards ; then proceed in accordance with the
rules applicable to the case of officers who
commenced to contribute while married
{see B).

D— PENSIONS TO ORPHAN CHILDREN.

VI. — Oephans' Pensions at Death of Widower Contributor.

(a) Case where the orphans are the issue of the same

wife.

Rule VI (a) Divide the amount of the registered pension
of the widower contributor equally among
the children entitled for the time being.

Example of the application of Rule VI (a).

Registered pension of \\ddower contributor at his death SloO p. a.
Children entitled on his death :

Spinster daughter aged . . . . . . 19

Son aged . . . . . . . . . . 14

Each of the three children will take a j)ension of S50 per annum.

If the spinster daughter marry at the age of twenty the two sons
will each take a pension of 875 per annum.

If the younger son subsequently die at the age of 15 the elder
son will take the full pension of $150 per annum.

(b) Case where the orphans are the issue of different

wives.

Note. — The rules here given provide for the case of two wives only.

Rule VI (h) (1) Divide equally among such of the children
of the first wife as may be entitled for the
time being one moiety of the pension which
the first wife would have received had she
survived the contributor ;

(2) Divide equally among such of the children of
the second wife as may be entitled for the
time being one moiety of the pension which
the second wife would have received had she
survived the contributor, and had there been
no issue of the first wife entitled to pension ;

714 No. 3 OF 1915.

(3) So soon as all the children of either the first
wife or the second wife have ceased to be
entitled to pension, divide equally among
such of the children of the other wife as may
be entitled for the time being the whole of the
pension which such other wife would have
received had she survived the contributor,
and had there been no issue of the first vdfe
entitled to pension.

VII. — Orphans' Pensions at Death or Re-marriage of Widow.

Rule VII Divide the amount of the widow's pension
equally among her children entitled for the
time being.

Example of the ai^plication of Rule VII.

Amount of widow's pension at her death or re-marriage — $150
per annum.

Children entitled at her death :

Assuming the particulars as in the example subjoined to Rule
VI (a) proceed as therein indicated.

VIII. — Orphans' Pensions at Death of Married Contributor.

Rule VIII. — In the case where a contributor dies leaving a
widow, and also children the issue of a pre-
vious marriage, divide equally among such
of the children of the first wife as may be
entitled for the time being one moiety of the
pension which the first wife would have
received had she survived the contributor.
On the widow's pension ceasing, divide
equally among such of the children of the
first wife as may be entitled for the time
being the 7vhole of the pension which the first
wife would have received had she survived
the contributor.

Note. — In this case, so long as the children of the first wife are entitled to
pension, the widow's pension is one. moiety of that which she would have
received had there been no such children.

E.— PUBLIC OFFICER TR.\NSFERRED TO EMPLOYMENT UNDER
THE CROWN OF GREAT BRITAIN OR UNDER THE GOVERN-
MENT OF A MALAY STATE OTHER THAN ONE OF THE
FEDERATED MALAY STATES.

Throughout these rules and examples the calculations depend,
not on the official income of the contributor, but on the amount of

widows' and orphans pension. 715

his contribution to the Fund, so that the transfer of a public officer to
another service does not affect his registered pension unless the
amount of his current annual contribution is varied, in which case
the proper adjustment is to be made in accordance with the pre-
ceding rules.

F.— CALCULATION OF QUANTITIES (OR TABULAR RESULTS)
FOR AGES NOT GIVEN IN THE TABLES.

Table A. — The quantities are given for every age of the
husband from 15 to 64 ; and for every fifth
age of the wife from 15 to 65, Ages of
husbands and wives below or beyond are to
be treated as the youngest and oldest ages
given respectiveh'.

For the intermediate ages of wives, interpolate by first differences,
as follows :

To find the quantity corresponding to the ages of a husband
and wife aged, respectively, 35 and 27 next birthda3\

The quantity for ages 35 and 25 given in the Table is '310
,, 5, oo ,, oO ,, ,, ' o6'^

So that the addition of five years to the age of the wife
results in an addition of "022 to the quantity given in the
Table for ages 35 and 25.

An addition of two j'ears to the age of the Tvife accordingly
results by proj)ortion in an addition of two-fifths of '022
to the quantity given in the Table for ages 35 and 25.

Two-fifths of -022 = -009, which added to '310 gives '319,
which is the required quantity corresponding to ages 35

and 27,

Table B. — This Table is di\'ided into eleven sections,
respectively, applicable to officers who will
be aged next birthday 55, 56, 57 . , , up to
65, when they complete their period of
contribution. Care should in all cases be
taken to turn to the section which contains
in the heading the age of the husband at the
date of completion of his period of contribu-
tion.

In each section the quantities are given for 35 consecutive ages
of the husband, terminating at the age preceding that at which
the contribution ceases, and for every fifth age of the wife from 15
to 65.

716 No. 3 OF 1915.

Ages of the wife below or beyond are to be treated as the youngest
and oldest ages given, respectively. For the intermediate ages of
wives interpolate by first differences as explained above. Thus, the
quantity found from the first section of the Table (age 55) corre-
sponding to the ages of a husband and wife aged, respectively, 45
and 38 next birthday is three-fifths of -17, added to 1-78, which
gives 1 '88.

For officers who commence to contribute at an earlier age than 20
next birthday the method of calculation given in the subjoined
examples is to be followed :

Example (1). An officer aged 17 next birthday, having a wife
aged 15 next birthday, commences to contri-
bute. Assume that the officer is aged 20
next birthday, so that the quantity found
from Table B will be 6 '05.

This officer receives an increment of salary at age 22 next birthday,
when his wife's age is 20. Assume that his age is 25 next birthday —
i.e., his actual age 22 — plus the difference between his actual age at
entry and 20, which is three years. The quantity found from Table
B will be 5 -16.

Example (2). An officer aged 19 next birthday commences to
contribute as a bachelor, and five years later,
when aged 24 next birthday, marries ; his
wife's age being 20 next birthday. The
quantity found from Table A in accordance
with Rule I (a) will be taken for the actual
ages (husband 24 and wife 20) and will be
"422. With respect to the current annual
contribution at marriage, assume that the
officer's age is 25 (his actual age plus one) so
that the quantity found from Table B will
be 5 16.

This officer receives an increment of salary when aged 39, when
his wife's age is 35. Assume as before that the ages are 40 and 35,
respectively, so that the quantity found from Table B will be 2-72.

Note. — It will be observed that this method takes aecovuit of the actual
number of years for which the annual contribution will run. In example (1),
when the officer receives the increment of salary at age 22 he has contributed
for five years, so that at the expiration of 30 years his contributions will cease.
Similarly, in example (2), when the officer marries at age 24, he also has
contributed for five years, so that although he is two years older than the
officer in example (1), yet the unexpired period of contribiition is the same in
each case, and the wife's age is in each instance 20, so that no important error
is involved in using the same tabular quantity for the two cases.

Table C. — The quantities are given for the same ages as in
Table A. Ages of husbands and wives below
and beyond are to be treated as in using that
Table.

For the intermediate ages of wives interpolate by first differences
as explained above, except that it must be. noted that in this Table
an addition to the age of the wife results in a deduction from the
quantity given in the Table.

widows' axd orphans' pension. 717

To find the quantity corresponding to the ages of a husband and
wife aged, respectively, 35 and 27 next birthday-.

The quantity for ages 35 and 25 given in the Table is 3 '224
,, 35 ,, 30 ,, ,, 3010

So that the addition of five years to the age of the Avife results in
a deduction of "214 from the quantity given in the Table for ages 35
and 25.

An addition of two years to the age of the wife accordingly results
by proportion in a deduction of two-fifths of '214 from the quantity
given in the Table for ages 35 and 25.

Two-fifths of -214 = -086, which deducted from 3-224 leaves
3*138, which is the required quantity corresponding to ages 35
and 27.

718

No. 3 OF 1915.

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No. 3 OF 1915.

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widows' and orphans' pension. 729

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No. 3 OF 1915.

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widows' and orphans' pension. 737

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widows' and orphans' pension. 741

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742

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WIDOWS AND ORPHANS PENSION.

'43

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744

No. 3 OF 1915.

o
o

Age of
husband

next
birthday.

THCQCO^kOCOr-OOOSOi-fOJCO^

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next
birthday.

i-HO^CO'^mCClf^OOCftOrHeMCO^

Printed by Ilazell, Watson <t- Vincy, Ld., London and Aylcshnry

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